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HomeMy WebLinkAbout4.01 Draft Minutes 8-9-93 , . . -- ~ REGULAR MEETING - AuqUst 9. 1993 A regular meeting of the City Council of the City of Dublin was held on Monday, August 9, 1993, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Snyder. * * * * ROLL CALL PRESENT: Councilmembers Burton, Howard, Moffatt and Mayor Snyder. ABSENT: Councilmember Houston. * . * * PLEDGE OF ALLEGIANCE (610-20) Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. * * * . INTRODUCTION OF NEW LIBRARY STAFF (940-10) Recreation Director Lowart advised that many changes are taking place at the Alameda County Library and introduced Don Nunes, the new Dublin Branch Manager and his Assistant Pat Zahn. Rayme Meyer was reassigned to the Fremont Main Branch. Mr. Nunes stated it was a pleasure and somewhat of a shock to be here. Between the 2 of them, they have about 40 years of experience. He assured the Council that they will do the best they can with the resources available. Mayor Snyder welcomed them and stated the City is very supportive during these trying times. . . . . CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Cm. Houston absent), the Council Approved Minutes of Regular Meeting of July 26, 1993; Authorized the Mayor to execute a letter to the Presiding Judge of the Superior Court regarding the 1992-93 Alameda County Grand Jury Final Report (640-80); Authorized Staff to advertise Contract 93-09 Dublin Swim Center Bathhouse Renovation for bids (600-30); Authorized Staff to advertise Contract 93-11 Pervious Concrete Project for bids (600-30); Approved Change Order #11 for the Dublin Boulevard Extension Project, Contract 92-01 (600-30); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 320 Regular Meeting August 9, 1993 ---- ---------------------------------------------------------------------- COPIES TO: . . Received the City Treasurer's Investment Report for the period ending July 31, 1993 (320-30); Approved Warrant Register in the amount of $406,321.17 (300-40). Planning Director requested that the item related to the CDBG Program be pulled from the Consent Calendar and advised that staff had received from HUD some minor technical revisions to the agreement. The city may not apply under the small cities programs. Also, it is requested that the City Manager rather than the Mayor sign the agreements. Cm. Moffatt asked if we would have to compete with 5 other cities for this money. Mr. Tong advised that Dublin will still be participating in the program with 5 other cities, but it is not competitive. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote (Cm. Houston absent), the Council adopted RESOLUTION NO. 95- 93 AUTHORIZING CITY OF DUBLIN PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (600-40) Cm. Burton requested that the Library Agreement be pulled from the consent Calendar and stated he thought what the city is doing with regard to providing extra library hours was worthy of comment. The city of Dublin is putting in $165,000 for additional hours of service for its residents. He was very pleased to call this to the pUblic's attention. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Houston absent), the council adopted RESOLUTION NO. 96 - 93 APPROVING A CONTRACT WITH THE COUNTY OF ALAMEDA FOR 13.75 ADDITIONAL LIBRARY SERVICE HOURS DURING FY 1993-94 (600-40) * * * . REQUEST TO DISCUSS CITY'S SMOKING POLLUTION CONTROL ORDINANCE (560-90) Assistant to the city Manager Texeira advised that Bracy H. Elton, Ph.D., an upstairs resident of the Amador Lakes apartment complex has requested that the city council review the city's Smoking Pollution Control Ordinance and consider expanding it to cover private residences. Smokers have moved into the apartment immediately below his apartment, and their smoke nauseates him and ends up permeating his household belongings, rugs, furniture and clothes, in addition to being a health hazard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 321 Regular Meeting August 9, 1993 . . Ms. Texeira stated Dr. Elton has discussed the situation with his apartment manager who indicated that all she could do was offer to relocate him, at his expense, elsewhere on the property. There would be no guarantee, however, that a similar situation would not occur at a new location. Dr. Elton referenced city ordinances that control other nuisances, i.e., noise pollution, visual pollution, etc. He requested consideration to designate non-smoking and smoking areas in closely situated private residences such as apartment complexes, condominiums and duplexes. He suggested that it might also include modifications to the Building Code to require and enforce pneumatic separation of ventilation systems. Ms. Texeira indicated that Ordinance No. 13-86 only addresses smoking pollution control in pUblic places and places of employment. Staff was unaware of any local ordinance which regulates smoking in private residences. Legal issues relating to regulating smoking in private residences by local government would need further investigation. Dr. Elton displayed overheads and made a lengthy presentation. Due to the proximity of apartment units, cigarette smoke from the unit below can enter through his open windows and patio and front doors. Even with windows and doors closed on both units, smoke from below can enter the unit above through shared vents and common air conditioning/ heating ductwork. Dr. Elton referenced research that he had done at the library on the Americans with Disabilities Act of 1990, the Unruh civil Rights Act, the Federal Fair Housing Act of 1968 and the California Health and Safety Code. Mayor Snyder stated he thought the intent of the Unruh Law was as a civil law. city Attorney Silver stated she did not know if the Unruh civil Rights Act could be applied to a situation of this type. Typically these are acts brought by one individual against another. Mayor Snyder advised that where Federal or State regulations exist, the city may not have to adopt specific regulations. He may already have the right to act. Dr. Elton stated perhaps the Unruh Act is not strong enough. Mayor Snyder pointed out that currently, land owners may be able to regulate their own situations. It would not be necessary for the City to be involved for them to do this. For instance, if a restaurant wanted to make their whole establishment non-smoking, they could do this. It then becomes the customer's choice on whether or not to frequent the establishment. Cm. Burton complimented Dr. Elton on his presentation. He felt he brought up some interesting points although he wasn't sure they were all valid. He questioned the area of Dr. Elton's Ph.D, and also if he was aware of this situation, when he moved into Amador Lakes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 322 Regular Meeting August 9, 1993 . . Dr. Elton stated his degree was in computer science. He has lived in his place for 4 years with no problem up until this last week. Cm. Burton felt there was no question that he has a right to smoke- free air, but the question becomes how to regulate it. Apartments should have smoke-free areas. It is, however, very difficult to regulate private property. He felt the marketplace should determine this. Private property, private marketing and private industry through awareness will begin to cater to the non-smoking population. A restaurant owner has a right to make a decision on who he is going to try to attract. No one has brought this to the city Council's attention in the past. Cm. Moffatt stated he made a great presentation. He pointed out that in the state Legislature, there is a bill, AB 996, which will diminish the sovereign rights of local government to pass laws stronger than the Federal Laws. He gave Dr. Elton a petition suggesting he might get people to sign. AB 996 and AB 13 were discussed. Also, there is a rider floating around and there will most likely be a lot more discussion in the next few months about this issue. Cm. Moffatt advised that if Dr. Elton will get in touch with him, he will be happy to keep him informed of what's happening with the legislation on this subject. Mayor Snyder questioned if he had had an opportunity to address this with the owners of Amador Lakes as well as the property managers. Dr. Elton advised that he had written a letter to Ron Nahas with a copy to the city Clerk. Cm. Burton stated Mr. Nahas is an outstanding person and he felt confident that something could be worked out with him. Dr. Elton thanked the Council. . * . . REQUEST FROM ALAMEDA eOUNTY LIBRARY FOR CITY SUPPORT OF SB 566 (ROBERTI) RELATING TO LIBRARY SERVICES ASSESSMENTS (660-40 & 940-10) Recreation Director Lowart presented the Staff Report and advised that Linda Wood, Alameda County Librarian is requesting that the City support sa 566 related to financing of public library services through assessments on real property. They feel that this enabling legisla- tion is very much needed by the Alameda County Library in Dublin due to the shift of property taxes away from the Alameda county Library system in the state budget. Ms. Lowart advised that library services, staff and public hours were all drastically cut in the 1993-94 budget. The need for a high level of basic library services remain, however, as the Dublin Library is a very busy library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .eM - VOL 12 - 323 Regular Meeting August 9, 1993 . . As indicated by Ms. Wood's letter, the Alameda County Library Advisory Commission has taken a position of support for SB 566. Cm. Burton questioned why a 10% protest was required under this legislation instead of a 5% protest. Ms. Silver advised that the protest amount could vary and it depends upon what is set in the legislation. Cm. Burton questioned who decides the percentage. Ms. Silver advised that the legislature has established different statutes and in each one of these acts, a different procedure has to be followed. The assessment districts on tonight's agenda require over a 50% protest in order to abandon the district. Mr. Ambrose pointed out that he had met with the Librarian and other city Managers in the County and the thought process is that it will most likely be put to an advisory vote. Cm. Burton stated he felt it should go to a vote. He would be voting against supporting SB 566, but he is very much for having the people vote on the bond issue. He did not know why they are trying to hide the facts. They should just be up front about it. He felt it would be approved by the voters. Cm. Moffatt questioned what this legislation would actually do. Ms. Lowart advised that the Resolution supports the proposed Senate Bill. The next step would be for the Senate to pass the bill and then it would allow a local agency to proceed with an assessment. Cm. Burton asked if the city would pass its own assessment or be a part of the County. Mr. Ambrose stated there is a difference of opinion. Some cities provide the facilities and the service and so it could go either way. His feeling was that libraries are still a county service, although cities have recently been building their own facilities. The thing is, it's better to go to the voters and get a mandate for the service. Cm. Moffatt asked if we should indicate in the Resolution that as a city we would like it defined as to whether it is a city or a county assessment. Mr. Ambrose advised that this is not relevant at this time. It gets fuzzy in situations where the city provides a building and the library provides the service. Cm. Moffatt asked if we could request the makers of the bill to define this issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 324 Regular Meeting August 9, 1993 . . Ms. Lowart stated if this bill passes, the County would work with each city to identify whether or not there needs to be an assessment. In our case, they have indicated there still could be discussion on this. Mayor Snyder expressed concern that the County would eventually say if we don't want to fund service, the County should get out of the business. They should provide an equal level of service to each area. He did not feel the County has the option to pick or choose what they want to do. Mr. Ambrose advised that they are talking about establishing a base level of service. One of the options would be to look at different zones of activity in each area. If you want more, you could have a higher assessment. Mayor Snyder agreed that this makes sense, as long as the base is the same. On motion of Cm. Moffatt, seconded by Cm. Howard, and by majority vote (Cm. Houston absent), the Council adopted RESOLUTION NO. 97-- 93 SUPPORTING SB 566 (ROBERTI) REGARDING LIBRARY ASSESSMENT DISTRICTS and directed Staff to send a copy to Assemblyman Rainey. Cm. Burton voted against this motion. * * * * PUBLIC HEARING - CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (360-50) Mayor Snyder opened the pUblic hearing. Public Works Director Thompson presented the Staff Report and advised that this is the second of two public hearings regarding the proposed assessment for Fiscal Year 1993-94. This assessment district funds energy and maintenance costs for the city's street lighting system. The proposed district cost estimate for FY 1992-93 is $351,489, including an accumulated reserve for future pole replacement. An estimated $145,388 will be carries over from 1992-93 in the form of reserves. $191,621 is proposed to be assessed to property owners for the 1993-94 street lighting costs, The proposed assessment per single-family home is $19.70 for FY 1993-94. Last year's assessment for a single-family home was $18.62. Mr. Thompson stated in accordance with State Law, Staff mailed notices to property owners owning in excess of 7,600 parcels in the city; 388 protests were received, representing approximately 5% of the total assessable property area in the city. State Law provides that a protest consisting of owners of over 50% of the land area of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 325 Regular Meeting August 9, 1993 . . assessable property would cause automatic abandonment of the assessment for FY 1993-94. Mr. Thompson pointed out that duplexes are now being assessed using a factor of 2 instead of factor of 3 as was done in the past. There are 40 duplex lots in DUblin, and this action would not appreciably reduce the total funds to be collected or increase the cost to other property owners. Cm. Howard stated she had talked to some of the people who protested, and for the most part, they did not realize this was not a new assessment. Mr. Thompson stated they did put across the top that this district has been in effect since 1983, but apparently a lot of people didn't read it or it didn't sink in. Next year, they will try to make it clearer that this is not a new assessment district. No members of the public gave testimony relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Cm. Houston absent), the Council adopted RESOLUTION NO. 98 - 93 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANeE ASSESSMENT DISTRICT 83-1 . * . . PUBLIC HEARING-LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 VILLAGES @ WILLOW CREEK TRAeT 5511 (360-20) Mayor Snyder opened the pUblic hearing. Public Works Director Thompson presented the Staff Report and advised that this is the second of two public hearings regarding the proposed assessment for FY 1993-94. This assessment district funds maintenance and utility costs for certain common landscaping improvements in the Villages @ willow Creek. The proposed 1993-94 assessment is $84.72 per single-family lot and $42.36 per condominium lbt. This year's assessment is approximately 2.8% higher than last year. Staff is again proposing to use a portion of the reserve fund (approximately $10,000) to offset the higher actual District cost. NOT included in the scope of work for the assessment district are park maintenance (funded by the City), creek right-of-way maintenance (has been performed and funded by the developer and is now being taken over by Zone 7 Flood Control), and maintenance of landscaping improvements within apartment or townhouse developments (performed and funded by individual homeowners' associations or property owners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 326 Regular Meeting August 9, 1993 . . Mr. Thompson advised that 33 protests had been received and Staff estimated that the area of property owned by those protesting is approximately 3~% of the total assessable property area in this assessment district. state Law provides that a protest consisting of owners of over 50% of the land area of assessable property would cause automatic abandonment of the assessment for 1993-94. No members of the pUblic gave testimony relative to this issue. Mayor Snyder closed the pUblic hearing. On motion of em. Moffatt, seconded by Cm. Burton, and by unanimous vote (em. Houston absent), the council adopted RESOLUTION NO. 99 - 93 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES @ WILLOW CREEK) * * . * PUBLIC HEARING - LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 TRACT 4719 (360-20) Cm. Burton advised that due to a conflict of interest he would excuse himself from the discussion and would not vote on this issue. Mayor Snyder opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this is the second of two public hearings regarding this assessment district. The Conditions of Approval for development of Tract 4719 require that a homeowners' association be formed to maintain certain common landscaping improvements within the tract. This assessment district was formed at the request of the developer as an alternative to providing landscaping maintenance through the Amador Lakes and Dublin Hills Estates homeowners' associations. Mr. Thompson advised that the 1993-94 assessment is proposed to be $228.72 per single-family lot and $38.68 per multi-family (condominium) lot. An alternate plan for an increased assessment for landscape work on the interior would be $265.36 per single-family lot. The assessment per multi-family lot would remain at $38.68 since the single-family homes provide 100% of the funding for the interior slopes. A third alternate was presented at the last public hearing, but based upon the testimony received, those property owners present did not support a relandscaping plan. Mr. Thompson advised that 7 single-family protests had been received, representing approximately 2.4% of the total assessable property area in this assessment district. State Law provides that a protest consisting of owners of over 50% of the land area of assessable . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . CM - VOL 12 - 327 Regular Meeting August 9, 1993 . . property would cause automatic abandonment of the assessment for 1993- 94. Mr. Thompson reviewed in detail some of the history of this district and showed slides of the area. Cm. Howard asked if when they looked into replanting some of this area they had considered plants that are susceptible to frost and more tolerant. Mr. Thompson stated David Gates & Associates provided information on drought tolerant plants, which would be best on the different exposures, etc. Cm. Moffatt questioned since there were only 3 members of the council who could vote on this, if it could only be passed with a unanimous vote. Ms. Silver stated she thought it could be passed with 2 votes, but she would review the applicable code section to make sure. No testimony was entered by members of the public relative to this issue. Mayor Snyder closed the pUblic hearing. Cm. Moffatt stated he thought he had heard people in this district saying they would look at taking over the assessment district themselves. Mr. Ambrose pointed out that the assessment recommended under Alternate A is less than they paid in 1992-93 and cuts back to basic service. Alternate B would give them more money to put in additional plantings. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote (Cm. Houston absent & Cm. Burton abstained), the Council adopted with Alternate A RESOLUTION NO. 100 - 93 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) . . * * PUBLIe HEARING - PROPOSED ORDINANCE ESTABLISHING BUS STOP ON DOUGHERTY ROAD @ CAMP PARKS ENTRANCE (1060-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that Staff had received a request from LAVTA (Wheels) to locate a bus stop on Dougherty Road at the Camp Parks entrance. Recent improvements along Dougherty Road at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 328 Regular Meeting August 9, 1993 . . the camp Parks entrance will allow the bus to stop safely out of the travel lane. At the present time, a stop is recommended only northbound (east side of street). Cm. Moffatt asked if any thought had been given to putting a stop on the west side at Monterey street where it goes into Arroyo vista. Mr. Thompson advised that Staff could review this and questioned if this would be inside the development. Cm. Howard asked if there is a crosswalk there. Mr. Thompson stated there is a crosswalk at Monterey; or at least there was one at one time. The one at Camp Parks entrance was taken out. He discussed the problem in that crosswalks tend to be more dangerous because they provide a false sense of security to kids as well as adults when crossing the street. Cm. Burton questioned if, on the north side there was enough room for the bus to accelerate. Mr. Thompson responded that there is. Cm. Moffatt stated if the Camp Parks program goes ahead the way they are saying, then the entrance will be moved to the north about a block. He asked if this bus stop would cover that entrance also. Mr. Thompson stated he thought their master plan was quite a ways off. He did not believe that anything official had been done. No members of the public gave testimony relative to this issue. Mayor Snyder closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Houston absent), the Council waived the reading and INTRODUCED an Ordinance establishing a bus stop on the east side of Dougherty Road at the Camp Parks entrance. * * . . DUBLIN CEMETERY OPERATION (295-10) Recreation Director Lowart advised that the city is currently in the process of acquiring the Dublin Cemetery. Once the acquisition is complete, it will be necessary to determine burial procedures and to notify the former membership of the change in ownership. After presenting the Staff Report, Ms. Lowart summarized that the city does not presently have Staff with experience in cemetery operations and the number of annual burials (7 thus far in 1993) does not warrant hiring a permanent employee to handle this responsibility. Staff therefore recommended that the city attempt to contract with a local . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 329 Regular Meeting August 9, 1993 . . cemetery or mortuary to handle the burials. Staff would prepare a Request for Proposal if the council approves this option. Cm. Moffatt felt that a historical committee should be formed to work on things such as this. There should be at least one member of the Cemetery Association on the committee to ensure a smooth transition. Also, he felt that parties involved with a funeral should have full financial responsibility. Ms. Lowart stated currently the families of the deceased are responsible for paying the costs involved. With regard to appointment on the task force, they have recommended that Bill Kolb be appointed as the cemetery representative. Board Members have assured her that they will assist until such time that the city is comfortable with the operations. There was a burial in just the last few weeks, so it is important for the city to move forward with this. Cm. Burton stated he felt it is time to get the task force going as soon as possible. Mayor Snyder advised that he has a list of names and he and Cm. Moffatt will get together and hopefully, the appointments will be announced at the next city council meeting. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Houston absent), the Council directed staff to prepare an RFP for management of burials at the Dublin Cemetery. * * * . CAMPAIGN CONTRIBUTION LIMITATION ORDINANCE (630-20) city Attorney Silver advised that a question was recently raised related to the ability of a Councilmember to accept campaign contributions during a non-election period. The election period is defined as that period of time commencing July 1st, preceding the date of any municipal election, and ending June 30th, immediately following such election. Dublin's current Ordinance, which was adopted in March of 1987, limits contributions to $300 from a single source during an election period. Dublin's Ordinance places no restriction on an individual's use of his or her own money at any time. In reviewing the provisions of the City's Ordinance, it became unclear as to the intent of the Council with regard to whether the $300 limitation applied only to an election period, and/or if contribution limitations would revert to the state limit of $1,000 during an off- election year, and/or if contributions were not to be accepted during an off-election year. Ms. Silver explained that because Dublin's code is silent on whether or not contributions may be received during a non-election period, Staff requested policy clarification on how to administer the provisions of the campaign contribution limitation ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 330 Regular Meeting August 9, 1993 . . Ms. Silver explained that when Proposition 73 was enacted by the people in 1988, it added provisions to the Fair Political Practices Act which limit campaign contributions to individuals to $1,000 during a fiscal year, which is defined as July 1 through June 30. This limitation was held to be invalid last year. The Federal Court of Appeal held that the fiscal year provisions of Proposition 73 were unconstitutional and therefore enjoined enforcement of the contribution limitation provisions. Proposition 73 also contains a provision which provides that cities may impose lower campaign contribution limitations for elective offices. Ms. Silver advised that Chapter 2.28 may be amended by the Council to apply the $300 or any other dollar limitation during an "election period" and during the "off year" or to make it clear that contribution limitations, if any, in state law apply during "off years". More research would have to be done to determine if a blanket prohibition of all contributions during "off years" would be within the Council's power. Cm. Burton stated he thought it was the intention of the city council to keep the limit at $300 a year, but at anytime. Mayor Snyder agreed and stated he would like to see the Ordinance corrected. Cm. Moffatt stated he thought the intention of the Ordinance was to give candidates the same financial support and advantage that the incumbents get. Candidates think that money can only be raised during the election period and they would typically only be raising money once they've taken out papers to run for office. Ms. Silver stated she would need to do some research if the Council opted for a flat prohibition during non-election years. She did not spend a lot of time on this, but if this is the direction given by the Council, it would be necessary. Cm. Burton stated he agreed with Cm. Moffatt in principle, but felt this would restrict free speech. We have established a limit of $300 and it costs $2,000 or $3,000 to get elected. He did not see a problem allowing the $300 each year. By a consensus, the council directed staff to prepare the necessary amendment to the Ordinance to allow campaign contributions of up to $300 from a single source to be collected during any fiscal year. A pUblic hearing should be scheduled at the next Council meeting at which time the amended Ordinance would be introduced. . . '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 331 Regular Meeting August 9, 1993 . . TRI-VALLEY COMMUNITY TELEVISION - PRIORITIZATION OF SERVICES (1050-50) Assistant to the city Manager Texeira advised that the CTV Board of Directors is polling the city Councils from Pleasanton, DUblin, Livermore and San Ramon in order to obtain information to assist the Board in determining a programming plan for the upcoming year. The request stems from a reduced funding level for FY 1993-94. The scoring system provided options for ranking each program from 1 to 4. A score of 4 indicates the program is a high priority, while a score of 1 means the program should be taken off the air. The current or planned programs included: RANKING BY COUNCIL Houston Burton Snyder Moffatt Howard Total 580/680 News ---------- Absent 4 3 3 4 14 Mayors Report --------- II 4 3 2 4 13 Valley Forum ---------- II 3 3 4 3 13 Valley Magazine ------- II 1 3 2 3 9 Newsletter ------------ II 3 3 2 2 10 Election Returns ------ II 3 -1 4 2 10 Young at Heart -------- II 2 2 3 4 11 Superintendents Report II 3 3 2 2 10 Conversations --------- II 2 2 3 2 9 Media Roundtable ------ II 3 2 3 2 10 Everything Local ------ II 3 2 2 2 9 Backstage Pass -------- II 2 2 3 3 10 County Report --------- II 2 1 3 1 7 Time for a story ------ II 2 3 4 3 12 It was pointed out that the first 5 items are fully funded items. The others are co-funded by cities and other sponsors. Edy Coleman stated because of the decrease in funding, they are trying to come up with some way of reducing services and this would help them determine this. Cm. Moffatt stated he thought because the Valley Forum lets people get up and speak, he would rank this very high. Darla stevens advised that surveys show that there is an extensive viewership of 580/680 news and the second most watched program is Valley Forum. Mayor Snyder indicated that there is a big shift in money from cities to schools this year so the School District might be able to fund the Superintendents Report program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 332 Regular Meeting August 9, 1993 . . Ms. stevens discussed statistics related to CTV viewers and surveys. The area viewing audience is about 200,000 and 5% of those view 580/680 news. This figure includes Castro Valley. Mayor Snyder asked how much money Castro Valley contributes. Ms. stevens advised that Castro Valley is not incorporated. They don't contribute a penny. Sheila Tole stated they do not cover Castro Valley, so even though they are able to watch Channel 30 programs, they don't cover them. Ms. Coleman gave background information on why this was brought to the city Council. There is some feelings on the Board because funding has been a real problem. At the last 2 CTV Board meetings, there has been a lot of discussion on how they can go about continuing the level of service with the decrease in funding. Some feel that since the level of funding from Dublin is lower than the other cities, there should be some kind of punitive result against Dublin because they only gave $9,000. They hope to change this thought process. They are forming a committee to look into fundraising so that CTV will be like many of the other community television stations. Something must be done to make them self-sufficient. They hope to come up with some means to be able to continue good quality coverage of all the cities and to be fair and equal to everyone. Mayor Snyder asked if the point had been made that through the years, Dublin has far outpaid the rest of the cities based on subscribership. Ms. Coleman stated for years, Dublin has been giving the same amount even though we are only 7,000 subscribers. The point has been brought out that they are Community TV, not city TV. Mayor Snyder stated the City is certainly appreciative of both her and Councilmember Howard's representation on this Board. * * . * BUSINESS COMMISSION - TIME FRAME FOR REPORT ON FORMATION (470-50) city Manager Ambrose advised that as a result of the city Council's direction on July 26, 1993, he had reviewed the time frame necessary to prepare a report to the Council related to the concept of forming a Business Commission. The report would include a review of those types of programs and structures used in other communities to review business issues and engage in local economic development activities. Mr. Ambrose discussed the recent elimination of city positions and the creation/reorganization of the Administrative Services Department. The Council was advised during the budget process that these changes would impact several areas, including economic development. Given the shift in duties and the reduction in staffing, Mr. Ambrose estimated that a report could be presented to the city Council at its first meeting in October. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 333 Regular Meeting August 9, 1993 . . Cm. Burton stated he accepted the fact that we don't have a budget for this, however the budget situation isn't as bad as when this decision was made. We must recognize that eastern development will be very serious in attracting businesses and there will be an impact on Dublin's present downtown. We have got to be prepared and ready by having people who understand the issues, and the group must have horsepower. He presented concepts to the council and Staff on how he envisioned the commission and stated we need to start this thing going. The other cities are prepared to take businesses in and we need to get going on this. Mayor Snyder stated he sits on the Alameda County Economic Development Commission and this is countywide. Cm. Moffatt thought maybe we could pick up on Bruce Kern's comments made at the last meeting. We might be able to have EDAB come into the City and look at helping us develop our strong points and how they see the direction we should go. This might be a non-financial way for us to proceed. He asked if this would be possible without committing to a lot of staff time. Cm. Burton stated we have to go forward. He is not willing to back into this. We have to be positive and aggressive. Mayor Snyder stated this should and would be a part of Mr. Ambrose's report to the Council. Mr. Ambrose stated the California Local Economic Development Commission has a service whereby they could provide assistance to us as another possibility. Cm. Moffatt stated another good resource would be to go to the university system and get graduate students who would be willing to provide information and assistance. This could help them as well as us. Cm. Burton stated there are people we could use right now that could provide some constructive suggestions. * * * * OTHER BUSINESS Non-Smokinq Leqislation (560-90) Cm. Moffatt stated he had a draft resolution regarding local government losing the ability to adopt strict tobacco control laws. Local governments should have the sovereign right to pass stronger local laws than state laws if their communities demand this. Mayor Snyder requested that this be put on the next city Council agenda as a consent calendar item. * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 334 Regular Meeting August 9, 1993 . . storm Water Reaulations (1030-20) Cm. Burton commented on the idea of meeting with DSRSD to look at consolidating the storm water permit fee responsibilities wherever possible. He asked if this was going to happen. Mr. Ambrose advised that he still needed to arrange a meeting with Bob Beebe and define areas of responsibility. . * . . November 2. 1993 Special Election Ballot Araument (630-30) Cm. Burton distributed copies of the ballot argument he and Cm. Moffatt had written and requested that the council let him know any ideas they may have or if there should be any changes made. * * * . CLOSED SESSION At 10:05 p.m., the Council recessed to a closed session to discuss Personnel (700-10), in accordance with Government Code section 54957.6. * * . * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:20 p.m. * * . . Mayor ATTEST: City Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 335 Regular Meeting August 9, 1993