Loading...
HomeMy WebLinkAbout4.1 Approve 03-23-1992 Minutes REGULAR MEETING - March 23, 1992 A regular meeting of the City Council ,of the City of Dublin was held on Monday, March 23 , 1992, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:40 p.m. , by Mayor Pro Tempore Jeffery. ROLL CALL PRESENT: Councilmembers Burton, Howard, Moffatt and Mayor Pro Tempore Jeffery. ABSENT: Mayor Snyder. PLEDGE OF ALLEGIANCE Mayor Pro Tempore Jeffery led the Council, Staff and those present in the pledge of allegiance to the flag. CUSTOMER SERVICE AWARD FOR APRIL (150-90) City Manager Ambrose presented the April Customer Service Award to Michelle Brown, Office Assistant in the Public Works Department. Michelle was nominated by her peers for demonstrating exemplary customer service skills. Mr. Ambrose apologized that he did not have the certificate, but advised that Michelle would also be given a restaurant gift certificate and a gift displaying the City's customer service motto. PROCLAMATION (610-50) Mayor Pro Tempore Jeffery read a proclamation related to the American Lung Association designating the week of May 2-8, 1992 as the 20th annual "Clean Air Week" . All motorists were urged to accept the Bay Area Clean Air Challenge and to observe Thursday, May 7, 1992 as Don't Drive Alone Day. PROCLAMATION (610-50) Mayor Pro Tempore Jeffery read and presented a proclamation to Ron Biggs in recognition of the work he has done to restore and repair headstones at the Dublin Cemetery which were vandalized. Ron's unselfish act has certainly been appreciated and gives back some of Dublin's history to the community. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 125 Regular Meeting March 23, 1992 ---------------------------------------------------------------------- COPIES TO: ITEM NO. e CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council took the following actions: Approved Minutes of Adjourned Regular Meeting of February 25, and Regular Meeting of March 9, 1992; Received the Fall Quarter 1991 Recreation Report (950-30) ; Confirmed the appointment of Edy Coleman to the Tri-Valley Community Television Board (1050-50 & 110-30) ; Received a Monthly Status Report regarding existing Non-Conforming Signs identified on the Summary List (400-30) ; Authorized Staff to solicit bids for 6 marked patrol vehicles and for the transfer of emergency equipment and detailing to all vehicles (350-20) ; Authorized an additional appropriation of $68, 200 to the Legal Services Budget, comprised of $44,200 from the Contingent Reserve and $26, 000 from new revenues (330-20) ; Received a report related to the Livermore-Amador Valley Water Recycling Study (1000-80) ; Approved Warrant Register in the amount of $548, 024 .40 (300-40) . Both Cm. 's Burton and Moffatt indicated they wished the gift item pulled from the Consent Calendar for discussion. Cm. Moffatt requested further information such as how many parents were involved and what will the money be used for. Recreation Director Lowart advised that for the last several years, parents of children in this program have taken on a number of projects to purchase equipment or supplies not furnished. This particular fund-raiser was a Tupperware sale and they will use the money for additional chairs for the preschool program. This is a City-sponsored program held at Shannon Center. Cm. Burton asked how many kids are involved. Ms. Lowart responded that there are about 60 children enrolled in the program. Cm. Burton stated he felt the Mayor, Vice Mayor or someone on the City Council should go and make a presentation and formally accept the money. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council accepted a gift of $137 .79 donated by parents of children enrolled in the City's Preschool :e :u :a : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ M - VOL 11 - 126 Meeting March 23, 1992 Program and directed Staff to prepare a formal acknowledgment to the donors (150-70) . Cm. Burton requested that the item related to the Dublin Boulevard/ Silvergate Drive modifications be pulled from the Consent Calendar for discussion. He indicated that sometime ago he spoke about where they put the berm. It is difficult for walkers and people pushing strollers to maneuver this corner safely. He questioned where the sidewalk would go. Public Works Director Thompson displayed a diagram of Phase I, which is a restriping plan with some berms. People could walk behind the berm. This won't be changed at this time. The second phase will have sidewalk all the way from the bottom of the hill . The road is actually moving due to slippage to the north and some of the road will have to be torn up and rebuilt. The road is basically unstable. A method will be used called reinforced earth. It is a very expensive part of the project and we will want to widen the other side at the same time. Cm. Burton questioned why the berm couldn't be moved out 3 feet. It is important to keep cars from hitting people. No one walks on the inside anyway. He asked if a berm is expensive. You would only need about 150 feet. Mr. Thompson advised that it is more like about 650 feet and would be about $8 per foot, plus the cost of removing the old one and patching. Cm. Burton questioned how long before the second phase is started. Mr. Thompson advised that it will depend on how fast the developments come in. City Manager Ambrose reminded that the original berm was put in to keep the water from eroding the hillside. Mr. Thompson stated perhaps at the light poles we could bring it in and put some signs up. It could come into the bike lane a little ways. Cm. Moffatt stated there has been some concerns expressed by the businesses in this area that the signs and flags put out don't seem to migrate up into this area. Some people don't realize there is a commercial area there. He questioned if some poles could be put up and some banners placed on them to indicate there is a commercial area there. Mr. Thompson indicated that we do have 2 poles between Donlon and San Ramon Road. The poles will come down and be removed when the widening project starts in July or August of this year. There has been discussion, however, about purchasing some additional banners. Mayor Pro Tempore Jeffery indicated that these comments would be more appropriate during the Capital Improvements Program discussions. :e :u :a : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■CM - VOL 11 - 12 7 Meeting March 23, 1992 On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council authorized Staff to advertise Contract 92-04, Dublin Boulevard/Silvergate Drive Modifications Phase I for bids (600-30) . CONGESTION MANAGEMENT AGENCY VOTING COMPOSITION PROPOSED CHANGE BY CITY OF ALAMEDA (1060-40) City Manager Ambrose explained that the Cities in Alameda County and the County of Alameda entered into a Joint Powers Agreement for the purpose of forming the Alameda County Congestion Management Agency as required by State Law. Members of this agency have recently hotly debated the issue of percentage of votes which each agency within the County receives. The original JPA formula provided 1 vote for every 100, 000 increment of population for the cities and the unincorporated areas of the County and 1 vote for each of the 4 transit operators in the County. As provided for in the JPA, the City of Oakland received 15. 38% of the total votes and the City of Dublin received 3 . 85% of the total votes. LAVTA also received 3 .85% of the total votes. Mr. Ambrose explained that in the last several months, the City of Oakland has circulated a proposal to revise the voting structure to provide 1 vote for every 50, 000 population and to remove the votes from LAVTA and the Union City Transit Authority. This proposal received the required majority vote of a majority of the cities representing a majority of the population, as well as the affirmative vote of the Board of Supervisors. Since the Board of Supervisors' action in February, there has been considerable concern on the part of other agencies in the County regarding Oakland's attempt to control the CMA through the revised voting structure. This control not only has implications regarding the distribution of future transportation related revenues, but also implications related to land use planning as they affect the Congestion Management Plan. The Board of Supervisors adopted the revised voting formula with a statement that it would consider another formula, if proposed by the Mayors' Conference within 30 days. The Mayor of the City of Alameda is proposing that a formula be adopted which revises the voting share to be 1 vote per 100, 000 which rounds to the nearest 50, 000 population. Mayor Withrow's proposal also would remove the vote from all transit agencies, but give them advisory status. In addition, he has suggested that MTC, Bay Area Air Quality Management District and Caltrans be added to the CMA Board as advisory members. Mr. Ambrose advised that under this compromise proposal, the City of Oakland would receive 21. 05% of the total votes and the City of Dublin would receive 5. 26%. This proposal is more favorable to our City. Mr. Ambrose advised that Union City supported this proposal, but with comment that transit agencies not be able to vote at the subcommittee level also. ■ ■ ■ ■ Me :tin : M - VOL 11 - 128 Regular March 23, 1992 Mayor Pro Tempore Jeffery stated that positions have already been taken in the 4 sub areas that you should balance population as well as road miles. Cm. Burton questioned if this proposal would strip Oakland's effort at control and if the Council felt this one would fly. He also questioned how people felt about eliminating transit agencies. Mayor Pro Tempore Jeffery and Mr. Ambrose discussed the fact that having the City of Alameda come forward with this proposal is a good thing. Most of people involved with this are involved with other groups anyway. BART actually sits in with us, which is Area 4 . The Cities and the County are the only ones supporting CMA with funding; the transit agencies do not. Cm. Moffatt asked if they are part of the JPA. Mayor Pro Tempore Jeffery advised that BART, AC Transit and Oakland never signed it. Cm. Moffatt asked if the JPA will have to be dissolved. Mayor Pro Tempore Jeffery stated LAVTA has taken some legal action'. Oakland was never a legal member, yet they have been voting all along. It was also felt that the Board of Supervisors voted illegally. Oakland did threaten a lawsuit. All LAVTA is asking for is a proper vote. Cm. Moffatt stated he was concerned about litigation. This is another point of being governed by court action. Cm. Burton stated this whole thing has been to respond to a law. He asked what can be accomplished. What is this JPA going to accomplish in mitigating any of the issues. Mayor Pro Tempore Jeffery advised that a plan is being put together to control congestion by prioritizing projects that will have the most impact. Money will be concentrated into those things on the priority list. The reason for having MTC participate is because they bring in some of the adjoining counties' problems. They are in the process of evaluating 10 different scenarios. Future funding planning is now being done. Cm. Burton stated the Tri-Valley Transportation Council is doing the same thing, but he understood they don't have the horsepower. Mayor Pro Tempore Jeffery advised that there is money being set aside for smaller agencies such as the Tri-Valley Transportation Council. Mr. Ambrose stated the other critical issue is that local general plans will have to conform. :e :u :a : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 129 Meeting March 23, 1992 Cm. Burton stated he was concerned that we may be just acknowledging a problem and making a little gesture here and there, but that we won't settle the problem. Cm. Moffatt asked if the Legislators gave any guidance regarding the make up of the group. City Attorney Silver advised that it is up to the County and the Cities. They must agree. The JPA can be amended by a vote of the Board of Supervisors and the majority of the Cities with the majority of the population, so the JPA would not have to be dissolved. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council agreed to support the proposal submitted by Mayor Withrow. PUBLIC HEARING-ADOPTION OF SOURCE REDUCTION RECYCLING ELEMENT (SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT (810-60) Mayor Pro Tempore Jeffery opened the public hearing. Assistant City Manager Rankin presented the Staff Report and advised that State Law (AB 939) requires each City to prepare planning documents to show how the agency will divert 50% of garbage currently land filled by the year 2000. The Plan must also present an estimate of the current waste generated in the City. A report is also required on the handling of Household Hazardous Waste. Mr. Rankin advised that the Consulting Firm of Brown & Caldwell has prepared documents which address the requirements of State Law. Mr. Rankin advised that the Staff Report addressed: Waste Generation Analysis; Inclusion of Inerts; Changes to Programs Identified in Plan; Programs and Implementation Tasks; Major Programs Proposed to Meet State Mandates; Public Comment on Composting Component; Disposal Capacity; Cost Projections; Household Hazardous Waste (HHW) Element; and Environmental Document. Mr. Rankin advised that the short-term cost estimates include projections of program operating costs, as well as City Staff costs for administration, monitoring and evaluation. The long-term projects are substantially more capital intensive and will have significant costs. Additional analysis will be required to confirm the costs and user fees may need to be increased in the future to recover City administrative costs. Cm. Burton referenced the statement that the Consultant estimates that Dublin will need to reserve 792, 270 cubic yards in Alameda County landfills. He felt this figure is just a shot out of the blue. Mr. Rankin advised that the planning period is through the year 2005. We would need to secure long term capacity when our existing franchise expires. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 130 Regular Meeting March 23, 1992 Cm. Burton questioned if this quantity is available, and what if it isn't available when we apply. Mr. Rankin advised that there are applications pending to do expansions. Several of the cities' franchises are nearing the end of their terms. Mr. Ambrose stated the key is that you have waste management at the Altamont. Physically it is there, but it is not permitted. All this says is that we anticipate that this is what we will need in the future. We are trying to make sure this capacity is available in the future. Cm. Burton discussed the 3 , 000 acres in our proposed expansion and questioned if we should be looking at some kind of a potential insurance policy for ourselves. He also questioned how much the user fees will be to get our costs back out. Mr. Rankin advised that this calculation had not been done. It depends on how many programs you are monitoring. Cm. Moffatt asked if we are still collecting a fee for Household Hazardous Waste. Mr. Rankin stated Alameda County levies a fee at the landfill. Mr. Ambrose stated it is included as part of the rate our ratepayers pay. Dr. Harvey Scudder stated in 1951 he set up a research station in Fresno on composting research. In doing research on composting, they realized early on the problems with flies. He stated he could not support the average homeowner doing their own composting. His research was back during a time when the common good could be acted upon. He suggested that every effort be made to head this up with competent people. It will be a very serious error to contemplate home composting being done by the average homeowner. He has personally worked in this area of study since 1941 and is quite familiar with it. Mayor Pro Tempore Jeffery pointed out that Staff was recommending against allowing individual home composting. Mayor Pro Tempore Jeffery closed the public hearing. Cm. Burton stated he had just bought a dry chipper/shredder from Sears for about $350. Cm. Moffatt also recently bought one. He felt that as a City, we could do something with yard waste. The City could buy about 10 of these and make them available through Taylor Rentals. We could make them cheap to rent. He is using the material to fill his flowerbeds and to put around his trees. The City should spend a little money to take care of this. He requested Staff to agendize this topic for future discussion regarding the practicality of the idea. They are not expensive and they are not heavy. His young granddaughters can operate it. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 131 Regular Meeting March 23, 1992 Cm. Burton stated he had also been investigating what happens to yard waste. A group up in Martinez is taking yard waste brought in by landscapers and producing 3 different grades. They are talking about opening up another facility in Livermore. He advised that the name of the company is Wood Farms and their telephone number is 370-2370. He bought 3 yards of compost and put it in his garden. As a City, we need to take a leadership roll and see if this idea can be developed down here. Mr. Rankin stated the plan calls for a separate yard waste collection. Green waste would be collected and taken to a facility. Locations have not been identified, but studies are going on. Staff did not feel comfortable in relying on individual homeowners, because without a separate program, we did not feel we would achieve the diversion necessary to meet the 50%. The other requirement that the State has put in is that in order for it to count, we must be able to measure the amount that someone has put in. Cm. Moffatt stated he read somewhere that cities are developing these compost programs. Since Cm. Burton is one the Economic Development Committee, maybe he could pursue this. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 28 - 92 APPROVING NEGATIVE DECLARATION FOR THE SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHW) AND APPROVING A MITIGATION MONITORING PLAN and RESOLUTION NO. 29 - 92 ADOPTING THE FINAL SOURCE REDUCTION RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT AS REQUIRED BY STATE LAW LUCKY MARKET SHOPPING CENTER REQUEST FOR C-N DISTRICT ZONING ORDINANCE AMENDMENT INITIATION (450-20) Associate Planner Cirell'i advised that Applicant Thomas Wilson of Duckett-Wilson Management Company, owner of the Lucky Shopping Center at the southeast corner of San Ramon Road and Alcosta Boulevard, is requesting the City Council to initiate an amendment to the Dublin Zoning Ordinance to allow commercial recreation uses such as karate schools, dance schools, and health/fitness clubs as permitted uses in the C-N, Neighborhood Business District. Other uses permitted in the C-N District include beauty parlors, laundry/dry cleaning establishments, banks, book stores, drug stores and offices. CM - VOL 11 - 132 Regular Meeting March 23, 1992 Ms. Cirelli explained that the Zoning Ordinance currently allows a commercial recreation facility as a conditional use in the C-1 Retail Business District, C-2 General Commercial District and M-1 Light Industrial District (if within a building) . Ms. Cirelli advised that the intent of the C-N District is to provide small scale convenience shopping facilities in areas that are predominantly residential. C-N Districts are typically located adjacent to residential areas and generally are located in areas more sensitive to the effects of commercial recreation uses than other commercial or industrial districts. If the Council initiates the study, Ms. Cirelli requested direction on whether 1) only low impact commercial recreation uses should be considered as conditional uses in the C-N District or 2) all commercial recreation uses should be considered. Cm. Burton questioned if these types of uses are considered undesirable in neighborhoods and if they cause problems in neighborhoods. Ms. Cirelli responded that it is more or less due to the nature of this type of use. There could have been a history of these uses generating more outdoor uses in parking lots or noise. Police Departments may need to be aware of where these types of uses are. They are typically conditioned in order for them to be allowed in areas adjacent to neighborhoods. There could be restrictions placed on the uses. Cm. Moffatt clarified that if a C-N District were changed to a C-1 District the use would be allowed under a CUP. Ms. Cirelli stated this was correct. A C-1 District is a little bit broader. Mr. Ambrose advised that a lot has to do with location. You may not want to have certain types of uses adjacent to neighborhoods. Cm. Moffatt felt that people change and the market changes and therefore, the City should change. Mayor Pro Tempore Jeffery pointed out that the City has a responsibility to the neighbors living nearby, however. Ms. Cirelli advised additionally that this would impact all the C-N Districts. Cm. Burton stated these are personal type services. Of concern was if there is a negative impact on the neighborhoods, we may have to put conditional uses on these. Ms. Cirelli advised that Staff was recommending that the uses suggested be conditioned uses. :e :u :a : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 133 Meeting March 23, 1992 On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council initiated the C-N District Zoning Ordinance Amendment Study and directed Staff to look at all alternatives. ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND PROPOSED ABAG BAY AREA CAPACITY ALLOCATION (850-20) Assistant City Manager Rankin stated that State Law requires approval of the County Hazardous Waste Management Plan by a majority of the cities representing a majority of the population of the incorporated area. This Plan identifies how hazardous waste disposal will be handled. The City will be responsible for incorporating certain aspects into local regulations. The Plan identifies potential funding sources, including local agency assessments as well as regulatory fees. The Plan calls for Waste Management Authority Staff to develop a funding plan for review by the proposed Hazardous Waste Minimization Committee. Mr. Rankin advised that once the State has approved the Plan, the City will have 6 months to take local action which will move towards implementation of the Plan. The Staff Report addressed the 14 major .policies addressed in the Alameda County Plan and discussed the topics of: Siting of New Facilities; Waste Minimization Effort; and Bay Area Capacity Allocation Formula Rory Kessler-Backe with the Alameda County Waste Management Authority explained the plan development and planning approval process, and advised that 4 public hearings have been held and significant modifications have been made to the plan. A 1989 plan was approved by the cities in Alameda County, but rejected by the State, along with plans from 44 other counties. The Authority Board approved the plan on December 18th, and they are now seeking approval of a majority of the cities with a majority of the population so that it can be submitted to the State. April 10th is the deadline date for approval or disapproval by the State. She stated several cities have approved the plan thus far, including Alameda, Albany, Emeryville, Hayward, Newark, Pleasanton, San Leandro, Union City and Piedmont, as well as the Board of Supervisors. The City of Livermore will be voting on the plan this evening. Dr. Jill Shapiro with CH2M Hill made a presentation, discussed the plan revisions and reported that most of the plans submitted to the State were rejected. Revisions were undertaken in response to new legislation allowing revisions to be made. It's very important that Alameda County have a plan that's approved by the State Department of Toxic Substance Control in order to have meaningful participation in the capacity allocation process. The plan does not assure that a facility can be sited in any of the identified areas. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 134 Regular Meeting March 23, 1992 Cm. Burton questioned if there is going to be arbitration related to interjurisdictional issues. Ms. Kessler-Backe discussed the capacity allocation process. Because an assignment has been made does not necessarily mean a facility could be sited. The Bay Area as a whole will try to enter into an agreement with a county that has capacity available. King County was discussed and she advised that arbitration has 'not been tested. Cm. Burton stated there seems to be a mental problem with what comes out of the stack incineration process. Dr. Shapiro explained that you can do treatment on incineration wastes. There has been a bit of a change in that after investigation they have found that some programs are essentially fulfilling requirements with no review process by cities. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 30 - 92 APPROVING THE ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN DATED DECEMBER 1991 The Council directed Staff to notify the Authority of the City of Dublin's support for Alameda County to approve the Bay Area Capacity Allocation Formula. Staff was also directed to notify the Authority of: 1) Preference for the Authority to take the lead in coordinating a model ordinance for consideration by the member agencies which would implement a State approved Plan; and 2) The approach to Hazardous Waste regulation strongly consider the impact of regulation and avoid duplication with agencies already mandated. to provide similar services. ANNUAL BUDGET & FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM PUBLIC HEARINGS, AND CONTRACT REVIEWS (330-20) City Manager Ambrose advised that Staff had prepared a 1992-93 calendar related to adoption of the Annual Budget, Five-Year Capital Improvement Program and Contract Evaluations. Those contracts scheduled for review this year include: Building & Safety, General Engineering, Traffic Engineering, Library Services, Police Services, Animal Control Services and Street Sweeping. As was indicated in the calendar, Mr. Ambrose advised that Staff anticipates being able to distribute the Budget and CIP to the Council by May 20, 1992 . Staff requested that 2 dates be set aside for consideration of the Contract Evaluations, Budget and CIP, during the week of June 8th. CM - VOL 11 - 135 Regular Meeting N 0 E March 23, 1992 By a consensus, the Council selected the meeting dates of Tuesday, June 9th and Thursday, June 11th beginning at 7: 30 p.m. , in the Council Chambers. VEHICLE REGISTRATION FEE FOR TRANSPORTATION MEASURES AB434 (1060-90) Public Works Director Thompson advised that Assembly Bill 434 permits the Bay Area Air Quality Management District to collect a fee of up to $4 per vehicle per year to create programs for local projects to reduce air pollution from additional vehicle license fees. The bill requires allocation of 40% of the revenue to an overall program manager in each county. The program manager must be designated by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. Terms and conditions for the expenditure of funds must also be specified in the resolution. Mr. Thompson advised that a drafted Resolution sets eligible funding programs, designates the Congestion Management Agency as Program Manager, and the methods and terms of the distribution of the AB434 funds that are funded through Alameda County. Mr. Thompson indicated that based on an estimated $2 surcharge fee, revenues of over $5.9 million could be generated from this revenue source through June 30, 1993 . Of the CMA's 40%, the agency will take 5% to administer the programs, and the remaining funds will be apportioned on a 70%-30% split: 70% for cities and the county (based on population, but not less than $10, 000 each) and 30% for discretionary programs for cities, the county, and transit operations. Mr. Thompson reported that the 7 programs specified by AB434 include: Ride Sharing/Trip Reduction Ordinances/Programs; Clean Fuel Buses; Feeder Buses/Shuttle Services; Local Arterial Traffic Management; Rail-Bus Integration/Regional Transit Information; Demonstration Projects of Telecommuting, Congestion Pricing and Alternative Fuel Vehicles; and a Smoking Vehicles Program. If they are already using 5% for Staff time, Mayor Pro Tempore Jeffery questioned why are they using more. The County is looking for ways to fill their budget and we should point out that we are already funding Staff time with the 5% administrative fee. Cm. Burton felt that a cover letter with the Resolution might be better. Mayor Pro Tempore Jeffery advised that she will be making a lot of comments to the CMA. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council adopted ■ ■ ■ 6 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 136 Regular Meeting March 23, 1992 RESOLUTION NO. 31 - 92 SPECIFYING THE TERMS AND CONDITIONS FOR THE USE OF VEHICLE REGISTRATION FEES PURSUANT TO AB434 CONGESTION MANAGEMENT AGENCY (CMA) 1992-93 BUDGET (1060-40) Public Works Director Thompson advised that a proposed 1992-93 Budget was recently circulated to the governing Board of the CMA. Cm. Jeffery, who is a CMA Boardmember, has expressed concern that the proposed budget of $1, 106, 947 is substantial and that very little justification has been made between work programs and proposed expenditures. Mr. Thompson stated that as an informational item, the Council should be advised that Cm. Jeffery sent a memo to the Program and Personnel Committee requesting that CMA Staff prepare back-up information for the CMA Board prior to their meeting on March 26th. Mayor Pro Tempore Jeffery advised that they basically ignored this comment. We need to know what we are paying for. We are paying for the County's overhead and County Counsel. She felt we should seriously consider looking at CMA as a separate agency and not using County Staff. She will bring these issues up before the CMA. Mr. Ambrose advised that the County/City Managers group reviewed this and they looked at various structures. There are a number of different alternatives. OTHER BUSINESS Tri-Valley Affordable Housing (430-80) Mr. Ambrose advised that a communication had been received from Pleasanton indicating there will be a meeting on Tuesday morning in Sacramento regarding a hearing for the Tri-Valley Affordable Housing legislation. Various elected officials in the area will be attending. Cm. Burton stated he felt this bill will not go through this year and it is an exercise in futility. We should sit this one out and not send anyone to Sacramento. Zone 7 Water Supply (1000-70) Mr. Ambrose reminded the Council of the Zone 7 hearing on March 25th at 7 p.m. , concerning Zone 7's fair share method of allocating water supplies and whether they should consider supplying water outside their boundary. Mr. Thompson advised that the City had submitted written comments. :e :u :a : ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 137 Meeting March 23, 1992 Mr. Ambrose stated it would not hurt to reiterate the City's comments. Mayor Pro Tempore Jeffery requested that Staff provide the Council with copies of the letter. SB 1538 (Kopp) Regarding Brown Act Changes (660-40) Cm. Howard requested that City Attorney Silver explain the changes pending on the Brown Act in Senator Kopp's Senate Bill 1538. The way the legislation is currently written, the Council would be unable to march together in the St. Patrick's day parade or attend any other social function together. Ms. Silver suggested that she could prepare a brief analysis at the next Council meeting. Some of the more onus provisions are being taken out. Questions on Police Statistical Report (580-60) Cm. Burton stated he was glad that Police Chief Rose had stayed until the end of the Council meeting as he had questions on the recently distributed Police statistical report. He was concerned with the rise in stolen vehicles and questioned if Dublin is seeing gang action. Chief Rose explained that in January and February Dublin experienced high activity with auto thefts. They have arrested at least 6 people since the first of the year, which is almost double the number of arrests when compared to last year. Cm. Burton asked if there was a trend that the Council should know about. Mayor Pro Tempore Jeffery stated she felt there was an increased national trend, in part due to the economy. Chief Rose stated it is too early to tell at this point. They did detect stereos being stolen from cars parked at the Cinema. They caught one person who admitted most of the activity there. Cm. Burton stated he was concerned about juveniles and asked it offenders are mainly our own children or if they are imports. When BART comes in, we will get more negative recognition. Chief Rose stated with the population moving more toward the east, Dublin is no longer at the end of the trail. All kinds of people are coming into the community daily. Several years ago, we had a concern about inmates being released, but this is no longer as big a concern locally. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 138 Regular Meeting March 23, 1992 New School Superintendent (Alameda County) (515-30) Mayor Pro Tempore Jeffery stated she felt it would be appropriate for the Council to send a letter of congratulations to the new Superintendent of Alameda County Schools, so that he knows that somebody welcomes him. There will be a reception on Tuesday. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:55 p.m. Mayor ATTEST: City Clerk ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CM - VOL 11 - 139 Regular Meeting March 23, 1992