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HomeMy WebLinkAbout4.1 Approve 06-27-1991 & 07-08-1991 Minutes ADJOURNED REGULAR MEETING - June 27, 1991 An adjourned regular meeting of the City Council of the City of Dublin was held on Thursday, June 27, 1991 , in the Regional Meeting Room of the Dublin Civic Center. The meeting was called to order at 6 : 45 p.m. by Mayor Pro Tempore Jeffery. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery and Moffatt ABSENT: Mayor Snyder PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. I-680 SOUNDWALL DESIGN (800-30 ) Vice Mayor Jeffery requested that an item be added to the agenda for Council consideration and discussion related to the color, style and form of the soundwalls along I-680 . In order to add this item to the agenda for discussion, the Council would need 4 affirmative votes. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council agreed to add this item to the agenda for discussion. ANNUAL CONTRACT REVIEW - BUILDING LAW ENFORCEMENT SERVICES ( 440-30 ) Assistant City Manager Rankin advised that since 1983, the City has contracted with the firm of Taugher & Associates, Inc. Current services provided include: Plan Checking; Inspection of Building Construction; Housing Code Enforcement; and Administration of the Building and Safety Department. The City provides secretarial support for this department with a City employee. Also, the City has provided an Intern to assist on a special project under the direction of the Building Official. Mr. Taugher serves as the City' s Building Official and provided in the last fiscal year a total of approximately 1 , 260 hours of service ( . 65 Full-Time Equivalent) . Mr. Taugher' s firm also provides personnel to conduct building inspections . During FY90-91 the City will receive an estimated 3, 680 hours of services which equates to approximately 2 full-time Building Inspector positions. ^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n* CM - VOL 10 - 236 Adjourned Regular Meeting June 27, 1991 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ITEM NO. COPIES TO: Mr. Rankin advised that the Business License process function accounted for 9% of the total estimated hours of service provided by Taugher & Associates during FY90-91 and that this should be reduced to approximately 7% of their total hours during FY91 -92 . Mr. Taugher is recommending the addition of an education program for residents considering home improvements during FY91-92 and Staff estimates that this activity would account for a relatively small percentage (3%) of the total hours of service provided by Taugher & Associates . The primary goal is to avoid the need for enforcement efforts on home projects, by educating residents on what is required. Staff recommended that this program be pursued as a Pilot Program and that an evaluation be conducted at its conclusion. Mr. Rankin advised that due to the decline in the residential building industry and the build out of large available sites within the City, a reduction in the Building & Safety service levels is anticipated in the upcoming fiscal year. Building Official hours are proposed at 1 , 185 compared to last year' s 1 , 360 hours . Building Inspector hours are proposed at 3, 000 compared to last year' s 4, 080 hours . Mr. Taugher anticipates reducing the inspection staffing to one beginning in July, 1991 , and the projected number of hours provides for increasing the number of inspectors to two in the Spring of 1992 . This change anticipates the potential start-up of Phase I on the Hansen Hill project and the final phase of the Ahmanson Images project. With regard to cost of services, Mr. Rankin stated that the use of a contract allows the City to adjust the service levels based upon what is occurring in the construction industry. Mr. Taugher has proposed an amendment to the hourly rates to increase the Building Official rate from $81 /hour to $85/hour (4 .9%) and the Building Inspector rate from $51 /hour to $54/hour ( 5 .9%) . The proposed amendment would be effective August 1 , 1991 . Mr. Taugher has not proposed any change to the Liability Insurance Surcharge which is paid at $4/hour, not to exceed a total of $12, 000 . Cm. Moffatt congratulated the concept of the workshop for residents considering home improvements . He questioned if we have an emergency call out system in the event of an earthquake. Mr. Taugher advised that statewide, there is a system whereby we can call for assistance from other parts of the state. Our plan has been prepared listing the characteristics of each building with various information. The list indicates the year it was built and other information that would be valuable for a stranger that might come into the area to evaluate our buildings . Cm. Burton questioned if any of the Vic' s people involved themselves in the Customer Service Program. Mr. Taugher responded yes, this is a Citywide program and they participate in the workshops that Staff puts on. ^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^* CM - VOL 10 - 237 Adjourned Regular Meeting June 27, 1991 Cm. Burton stated that Business License inspections are of concern. Some people feel that the City is intruding and he hoped that City representatives are sensitive to this type of thing. Telling someone who has been there longer than the City has been in existence that they have to redesign their whole operation is a very sensitive area. Sometimes things can get very touchy. With regard to the money we will be spending for public education, Cm. Burton asked if there had been any indication from other cities regarding attendance at these types of events. Mr. Taugher stated he was not sure other cities have done this . Dublin is attempting to get enough interest to have a seminar at Shannon Center after hours . We would attempt to answer as many questions as possible to save time and money in the long run. Mr. Ambrose advised that if there is no interest by the public in this type of program, no expenses will be incurred. Mayor Pro Tempore Jeffery felt that this could save a lot of money in the long run. Mr. Ambrose stated Staff looked at ways of avoiding problems before they occur. Mr. Rankin pointed out that this would be a Pilot Program. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 63 - 91 AMENDING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND TAUGHER & ASSOCIATES, INC. , FOR BUILDING LAW ENFORCEMENT SERVICES PUBLIC HEARING 1991 -92 UPDATE TO FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (330-40 ) Mayor Pro Tempore Jeffery opened the public hearing. City Manager Ambrose explained that the CIP must be considered ahead of the budget because any decisions that the Council makes with respect to priorities in terms of the CIP will have to be reflected in the ultimate budget that is adopted. Mr. Ambrose gave an overview of the CIP and advised that last year, the City adopted a new Five-Year CIP and this year' s 1991 -92 Update to the Five-Year CIP considers changing conditions, as well as revised City Council priorities . This is a blueprint for the City' s infrastructure needs over the next 4 years . We must adopt such a plan ^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^* CM - VOL 10 - 238 Adjourned Regular Meeting June 27, 1991 v in order to meet the requirements placed on the City by Assembly Bill 1600, related to development fees for specific projects . Mr. Ambrose advised that the Planning Commission reviewed the proposed Update to the Five-Year CIP on June 17th and determined that it is in conformance with the City' s adopted General Plan. Project costs by program area for the remaining 4 years of the CIP include: General $88, 850; Community Improvements $632, 324; Parks $3, 487, 811 ; Streets $16, 826, 746; Total $21 , 035, 731 . Recommended project costs for Fiscal Year 1991 -92 total $7, 549, 798 . Financing for the projects come from: General Fund Revenues $3, 234, 552; Special Revenues $9, 180, 809; and Reimbursements $1 , 510, 016 . This leaves additional reimbursements needed of $7, 110, 354. Mr. Ambrose showed slides and discussed those major Capital Improvement Program projects requiring additional funding. The Sierra Club/Metropolitan Transportation District lawsuit greatly impacted our Dublin Boulevard improvements project. FAU funds have an obligation deadline, and as a result of the lawsuit, we were delayed in proceeding with the project and were unable to retain the $500, 000 . Hopefully, we will be able to reapply for these funds . Mayor Pro Tempore Jeffery asked if there was any way we could ask for damages if the Sierra Club loses the lawsuit. Mr. Ambrose stated he would have to defer that question to Legal Counsel . Ms. Silver stated she was not familiar with the case, but tended to doubt it. Mr. Ambrose identified several projects which were not included in the CIP because there was no way they could be funded. These included: Animal Shelter; Alcosta Soundwall; Completion of Data Processing System; Downtown Restaurant Row Improvements; and Dublin School Athletic Field & Play Area. With regard to the Data Processing System, we will need to get a consultant on board to assist the City in the selection of a GIS System. With regard to the Alcosta Boulevard Soundwall request by the City of San Ramon, Mr. Ambrose advised that the City of San Ramon has inquired whether the City of Dublin is willing to pay half of the cost of a soundwall which would be seen from Alcosta Boulevard from Davona Drive east to the 7-11 Store. San Ramon' s Council has included funding for one half of this wall ($105, 000) in their Capital Improvement budget for FY91 -92 . This proposal does not include a wall along Kimball Avenue to Bandon Drive which was included in a request to San Ramon several years ago. Dublin Staff did not feel that this request would benefit our residents as much as other capital improvement projects . Mr. Ambrose advised that the Park & Recreation Commission has reviewed those projects included in the Parks program of the CIP. Mr. Ambrose discussed priorities and advised that those projects which were not considered separately by the Park & Recreation Commission which are n*^*n*^*^*n*^*^*A*^*A*^*^*A*^*A*^*A*^*^*A*^*A*^*A*^*A*^*A*^*^*A*A*A*A* CM - VOL 10 - 239 Adjourned Regular Meeting June 27, 1991 recommended for funding in FY91 -92 include: 1 ) Shannon Park Well; 2) Shannon Center Exterior Painting; 3) Bleachers @ Dublin Sports Grounds; 4) Kolb Park Handicapped Playground; 5) Shannon Center Kitchen Floor Replacement; 6) Renovation of Swim Center Bath House. Mr. Ambrose advised that the City had just been advised last week that we will be getting the right of entry from the Army. Mr. Ambrose summarized by stating that Staff' s intention was to present the most conservative budget possible. Cm. Burton questioned with regard to the Animal Shelter if we get involved will it be on a cash basis or will we go into debt. Mr. Ambrose responded that it is up to us. The last figures he had seen indicated a range of somewhere between $600, 000 and $800, 000 for our share. Staff wanted to wait until the final costs are prepared before making a recommendation. He clarified that he was not recommending including any funding at this time. Cm. Burton felt that $65, 000 was a lot of money to spend on a well at Shannon. It would take a long time to repay in terms of saved water. Mr. Thompson stated the bid came in at about $49, 000 . If we drill a test well, we may be able to save some money. We should be able to pay back the cost in a relatively short time period. Cm. Moffatt questioned if the City could realize savings by advertising the sidewalk repair program as a 2 years program instead of every year. Mr. Thompson stated he wasn' t sure, but that we take care of most of the real rough spots regularly. Mr. Ambrose pointed out that we must also consider the liability exposure to the City as a result of hazardous sidewalks . The more common practice in most cities is to have homeowners be responsible for fixing the sidewalks, but the City of Dublin has not done this since incorporation. No comments were made by members of the public relative to the CIP Update. Mayor Pro Tempore Jeffery closed the public hearing. Cm. Burton stated he still had concerns regarding the expense of the well at Shannon and felt this would be one area where the City could save some money. While it is an attempt to save water, it will be 6 or 7 years before it pays off. He did not feel it should be done this year. Mayor Pro Tempore Jeffery stated she felt that one of the reasons the City considered this was in an effort to not let the grass die. The n*n*n*n*n*n*n*n*n*n*Ask^*^*A*A*A*A*^*A*A*^*^*AskA*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 240 Adjourned Regular Meeting June 27, 1991 City has made a large investment in landscaping and this was one option of a way to save the grass. Mr. Ambrose stated one issue is how fast we recover our costs, but another issue is that of availability of water. This provides another source for water that will not be available through DSRSD' s normal distribution system. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 64 - 91 ADOPTING THE 1991-92 UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM (1990-95) RECESS A short recess was called. All Councilmembers were present when the meeting reconvened (Mayor Snyder absent) . PUBLIC HEARING ADOPTION OF 1991 -92 ANNUAL BUDGET AND FINANCIAL PLAN (330-20) Mayor Pro Tempore Jeffery opened the public hearing. Mayor Pro Tempore Jeffery explained the process that would be followed. Each group requesting funds from the City would be allowed to make a 5 minute timed presentation. Mr. Ambrose advised that the total recommended appropriations for FY91 -92 are $24, 952, 654 . These include Operating $14, 635, 834; Debt Service $1 , 824, 483; Capital $7, 549, 798; Internal Service $161 , 069; and Appropriations to Reserves $781 , 470 . Anticipated net expenditures total $22, 007, 045 . Mr. Ambrose advised that items not included in the proposed 91 -92 budget were: 1 ) New Animal Shelter ( $651 , 000 - $813, 750) ; 2) Family Crisis Center ($10, 000 ) ; 3) Resources for Family Development ( $3, 000 ) ; 4) Valley Support Services ($5, 000 ) ; 5) Dublin Substance Abuse Council ($8, 000 ) ; 6) Dublin Fine Arts Foundation ($14, 000) ; 7) Dublin Historical Preservation Association ( $17, 535) ; and 8) Dublin Unified School District - Drug Free Zone Signs ( $4, 500 ) . Not including the Animal Shelter, the City has received a total of $62, 035 in funding requests from these organizations . Mr. Ambrose advised that since the preparation of the Preliminary Budget, the City has been notified by the Alameda County Sheriff that Police Services Contract costs for FY91 -92 can be reduced by $20, 068 . This amount, plus the $5, 772 anticipated difference between the n*n*n*n*n*n*n*n*n*n*n*n*n*A*A*A*A*A*A*A*A*A*A*A*A*^*A*A*^*A*A*A*A*A*A* CM - VOL 10 - 241 Adjourned Regular Meeting June 27, 1991 Estimated General Fund Revenues and 91 -92 Recommended General Fund Appropriations would make $25, 840 available to be used to fund these requests . If the Council chooses to fund the requests of the various groups, the Council could: 1 ) reduce other expenditures; 2) use contingent reserves; or 3 ) take funds out of unallocated reserves . Family Crisis Center Rose Johnson addressed the Council and advised that the Family Crisis Center is requesting a $10, 000 contribution from the City of Dublin because of reduced funding from Alameda County. The Family Crisis Center provides emergency shelter, food and support services to homeless and impoverished residents of the Livermore Amador Valley. During the first 9 months of FY90-91 , the Center provided shelter to a total of 42 families and/or single persons, with 11 % of the families indicating that their most recent place of residence was Dublin. The Shelter has also provided food to 1 , 028 families, with over 10% of those families residing in Dublin. Resources for Family Development Miriam Miller, Co-Director, addressed the Council and advised that they have been around since 1976 . Their request is for the City to contribute $3, 000 for the RFD Child Care Substitute Registry. This was discussed by the City Council in December, at which time the Council directed that this request be considered during the Budget hearing. RFD' s Child Care Substitute Registry total cost is $12, 185 . RFD states that approximately 25% of the licensed child care facilities are in the City of Dublin, and is therefore requesting that Dublin contribute $3, 000, or approximately 25% of the total cost. A major problem is having enough qualified people to take care of the children. It is a low paying job, with high turnover and offers limited advancement. Keeping certain adult to children ratios is very important. Cm. Burton questioned if they are requesting the City to pay something that the operators could pay. Ms. Miller indicated that the part of the program for which they are seeking financial assistance is for the overall structure of the group. They need someone who can get the substitutes together with the childcare needs . They also provide training. Valley Support Services Renee DuBois, VASS Director, addressed the Council and advised that they are requesting support of $5, 000 . This request would assist in funding the Valley Creative Living Center which provides support services to the mentally ill . Of the 35-40 n*n*n*n*n*n*n*n*n*n*n*n*A*A*A*A*A*A*n*A*A*A*^*A*A*^*A*^*^*A*^*^*A*A*^* CM - VOL 10 - 242 Adjourned Regular Meeting June 27, 1991 persons served by the CLC, approximately 25% come from the City of Dublin. Jim Fountain, a member of the advisory committee and a Dublin resident stated he had been involved with the program for about 8 years. There is no program as effective as theirs here in the Valley. Dublin Substance Abuse Council Karen Seals addressed the Council and advised that this year, DSAC is asking the City for $8, 000 for activities including Red Ribbon Week $2, 500; Dry Graduation Night $2, 000; Challenge Days $2, 000; and Peer Counseling $1 , 500 . Last year, the City approved a contribution of $4, 000 to DSAC for expenses associated with Red Ribbon Week and Dry Graduation Night for high school students . The increased funding request is attributable to the School District no longer being able to financially support Challenge Days and Peer Counseling, as well as increased costs for Red Ribbon Week and Dry Graduation Night. Ms. Seals. pointed out that this is a 100% volunteer organization and all the money is put directly back into Dublin. Dublin Fine Arts Foundation The Dublin Fine Arts Foundation has requested $14, 000 to cover the Foundation' s administrative support to activities : Art Education in the Schools Mural Project $2, 000; and Exhibitions at the Civic Center $12, 000 . Mary Gibbert, representing the DFA Foundation, advised that a city is made attractive by its quality of life. People need something more than essential services; they need nourishment of their souls . Ted Fairfield, a member of the Board of Directors advised that they are asking for $14, 000, but would certainly accept anything less . Their request is for operational money. Lynne Baer, Executive Director, advised that when it comes to art, everyone is willing to pay for projects, but it is difficult to raise funds for operational costs . They have been able to raise funds for projects from a broad funding base. Mr. Fairfield advised that the money coming in in donations cannot go towards operations . Mayor Pro Tempore Jeffery stated she felt that Ms . Baer had done an excellent job in raising funds for the art projects . Dublin Historical Preservation Association ^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^* CM - VOL 10 - 243 Adjourned Regular Meeting June 27, 1991 The City authorized a contribution of $12, 785 to DHPA for FY90-91 for: Annual Lease Payment to Cemetery Association $500; Repair of Broken Windows $1 , 200; Roof Repair $5, 000; Exterior Painting $3, 500; and Reprinting of "Dublin Reflections" $2, 585 . Prior to contributing funds for the first 4 items, DHPA was to provide the City with a copy of an executed lease agreement with the Cemetery Association. The City was also to be provided with invoices identifying the cost of work to be performed for each item. The City did not receive a request for payment during FY90-91 , or evidence of a lease agreement between DHPA and the Cemetery Association. On June 17, 1991 , the City received a letter from DHPA requesting that the City not require DHPA to have a lease agreement with the Cemetery Association as a requirement for funding. DHPA has also requested those funds which the City approved during FY90-91 ( $12, 785) and an additional $4, 750 to completely replace the School House Roof. Marie Cronin, President of DHPA advised that this group is 16 years old. She stated they had received bids for the work and would like to start the work. Their funding request was for: 1 ) unused funds from last year; and 2 ) additional funding of $4, 750; total $17, 535 . Cm. Burton questioned why there had been the stalling about the agreement and why they were letting the building go into disrepair. He stated he was really upset about the condition which had been allowed to happen, particularly over just the required $500 per year lease. Ms. Cronin advised that the Cemetery Association wanted to change the lease to 99 years. They felt they only owe $400 and she did not recommend to her Board to incur debt of an additional $49, 500 for 99 additional years . Work is being done there. All they want is to have the original agreement as was approved in 1975 . She indicated she had met twice this past week with the President of the Cemetery Association. There was a vote many years ago approving the lease, but no one ever actually got a copy of the lease. Cm. Moffatt pointed out that if the school falls into disrepair, it falls back to the Cemetery Association. He questioned who owns the building. Ms . Cronin advised that DHPA has a deed showing they own the building. Cm. Moffatt felt the whole issue is a very clouded situation. Ms . Cronin stated there may be some personality conflicts involved. Cm. Moffatt asked if they had gotten estimates to have the roof repaired. Ms . Cronin responded that they got about 5 written estimates and it appeared that it would cost $9, 750 . Cm. Burton asked if they had bids or invoices on the other repairs. n*n*n*A*n*n*n*n*n*A*n*A*A*n*A*A*n*n*A*^*^*A*A*^*A*^*^*^*^*A*A*A*^*A*^* CM - VOL 10 - 244 Adjourned Regular Meeting June 27, 1991 Ms. Cronin responded yes, they were all set to go and then they hit a brick wall with the Cemetery Association. Peter Hegarty advised that this was discussed at great length last year. He recommended that the City Council appoint some sort of committee to report back in a couple of months. He felt a win/win situation could be developed. This is a valuable resource for the community and there are some grave personality differences. For over a year, nothing has transpired. It doesn' t seem right to remove the condition of requiring the lease, but the City Council should take a lead role in this. Whether it is written down or not, there is an agreement. A new agreement could be drawn up and hopefully, in 2 or 3 months, this could be resolved. Cm. Moffatt stated he liked the idea of forming a committee to deal with this. Dublin Unified School District - Drug Free Zone Signs No one was present to address the Council on this request. In May, the City Council deferred consideration of this request to purchase and install Drug Free Zone signs at schools and playgrounds in Dublin, until the Budget hearing. The cost of material and labor associated with this request is $4, 500 . Tri-Valley Community Television Corporation The Tri-Valley Community Television Corporation have approved an operating budget this year of $192, 000 . This represents a contribution from each of the 4 cities of $48, 000, which is a 6% increase over last year' s funding. The Board has also been advised that additional expenses may be incurred as a result of moving the CTV studios which are currently located on Pleasanton Unified School District property, with space leased for $300 per month. Darla Stevens stated they anticipate increasing the programs that they do. What the City has done so far in the way of support is working. They feel they have created a good program, as people are tuning into the news . They hope to produce 2 news programs per week. They help 50 agencies with their public service needs in any one month. Their product is there for everyone to judge. Livermore-Amador Valley Transit Authority (WHEELS) Vic Sood advised that LAVTA is requesting that the City of Dublin support the Dial-A-Ride services by contributing $1 , 500, which is equal to the amount contributed last year. Dial-A-Ride services in the Cities of Dublin and Livermore is funded through a combination of California Transportation Development Act Article 4 . 5 funds, Measure B funds and passenger fares . LAVTA anticipates that FY91 -92 funding will fall $20, 000 short of the amount needed to provide the same level of service as last year. n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n* CM - VOL 10 - 245 Adjourned Regular Meeting June 27, 1991 Cm. Moffatt questioned their cost figures per Dublin resident. Mr. Sood stated they look at costs per number of rides and they only provide this service in Dublin and Livermore. They based costs on the number of registered riders per city. Registered clients overall have increased 51 % . Dublin' s clients have increased by 60% . Mr. Ambrose asked why a subsidy is still required when LAVTA recently received bids which were substantially lower than their current provider. He questioned why Article 4 funds couldn' t be used to subsidize the program, as well as Pleasanton' s program. Mr. Sood advised that Pleasanton funds about $60, 000-$70, 000 out of their General Fund. There is a $1 million difference over 3 years. The costs given were based on their new contract. Mr. Ambrose advised that Dublin' s 1991 -92 Preliminary Budget was developed with considerable caution given to: 1 ) the prospect of reductions in local revenue by the State this year; 2) the economic recession; 3) the inability of the City to experience significant development in the near future due to land constraints; and 4) the imposition of programs such as mandatory social security coverage for part-time employees, the American Disabilities Act, Integrated Waste Management Act, State mandated accidental injury prevention program, and Non-Point Source Pollution Control by other levels of government without the funding to carry out these programs. Mr. Ambrose stated the new budget maintains the current level of service provided by all operating departments. The only additional programs proposed that are not required are the Youth Sports Program and increased hours at the Senior Center. Although the City has very healthy reserves, these reserves have been developed through considerable fiscal constraint by keeping the City' s staffing level and overhead to a minimum. These reserves have also provided a source of funding that has allowed the City to be more fiscally independent from the fiscal funding problems of Federal, State, and County governments who, unlike the City, have historically approved programs that they can' t afford, and then attempt to share the undesirable results with cities . Mr. Ambrose urged the Council to exercise caution in utilizing the City' s reserves for anything other than one-time expenses . Mr. Ambrose reviewed the Preliminary Budget by Program. City Council Cm. Moffatt asked for a breakdown of items contained in the Community Promotion area where $34, 785 was budgeted. Cm. Burton stated he would like to discuss the memberships and dues category, specifically the expenses involved with the City' s n*n*n*n*n*n*A*A*A*A*A*A*A*A*A*^*^*^*^*^*^*^*^*^*^*^*A*^*A*^*^*^*^*^*^* CM - VOL 10 - 246 Adjourned Regular Meeting June 27, 1991 I� participation in the National League of Cities . Total budgeted was $11 , 250 . City Manager/Clerk Mr. Ambrose advised that this budget funds a higher service level which would add a new position of Management Assistant to the City Manager' s Staff. The position will be an entry-level professional position to provide assistance and support with data collection and analysis; preparation of related reports and publications; analysis, implementation, and monitoring of programs; and other related assignments. Legal Services Legal Services this fiscal year are expected to decrease approximately 27 . 8% from last year. A slight increase is expected in the General Legal Counsel time; however, pending litigation is less because of the fewer number of pending lawsuits. In addition, the City of San Ramon will be responsible for legal services associated with DRFA during the upcoming fiscal year. Finance The proposed budget to maintain the current service level is $257, 200, which represents an increase of $37, 929 over anticipated expenditures for last year. This increase is primarily due to the full-year funding of 1990-91 salary increases and the full year funding of the Business License Program, which commenced in October, 1990 . Data Processing Support Services Mr. Ambrose advised that because the Finance Director is unable to personally handle every hardware and software request for the increased number of data processing system users, the recommendation is to approve $35, 500 for Data Processing Support Services . These funds will be used to provide basic training to all system users and advanced training to a key individual in each operating department. $16, 000 is included for Contract Computer Consulting Services to provide limited system enhancements and problem solving support to each department. It is anticipated that more resources, including data processing staff will be required in the future as this is a one- year interim proposal . Building Management Expenditures required to fund the current service level for FY91 -92 total $2, 083, 890 . Insurance n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*^*^*^*A* CM - VOL 10 - 247 Adjourned Regular Meeting June 27, 1991 The total estimated expenditures for FY90-91 are approximately 30% below the authorized 90-91 Budget. The recommended Budget for FY91-92 totals $166, 600 . Elections No elections are anticipated during FY91-92 . Non-Departmental This budget totals $407, 500 and includes the Contingent Reserve to cover increases in City and DRFA employee salaries and fringe benefits and other unanticipated expenses . Also included are property tax payments for Zone 7 Bonded Indebtedness and the purchase of FAU funds from the City of Foster City. Police Services The proposed funding for FY91 -92 is $2, 824, 068, and would finance the current staffing level. An adjustment was made by the County Commander who indicated some changes to the contract in the amount of $20, 068 in the City' s favor. Crossing Guards The proposed budget for FY91 -92 is $33, 120 . Animal Control The recommended 91 -92 budget for this activity is $56, 000 . Animal Control costs are partially offset by revenues generated from animal licenses. Cm. Burton felt there was probably a lot of revenue for dog licensing that we are not getting. Mr. Ambrose stated the most effective way is to knock on doors . We have a lot of unlicensed dogs in the City. Revenue would not recover the costs incurred, however, of a door-to-door canvas . Mr. Rankin advised that the City advised residents of the need to license dogs in a past newsletter and would be doing it again in a future newsletter. Mr. Ambrose advised that there may be a potential solution if Dublin and San Ramon can put together a joint Animal Control service. Dublin is not large enough to have its own Animal Control Officer. There may be some cost benefits to both communities doing this . Traffic Signals & Street Lighting ^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^* CM - VOL 10 - 248 Adjourned Regular Meeting June 27, 1991 Costs for FY91 -92 total $87, 800 . We have more signals as well as increased energy costs . Disaster Preparedness The proposed budget is $52, 985 . During the upcoming year, Staff anticipates filling the newly created Community Safety Assistant position. Fire Service The total budget for DRFA for FY91 -92 is $2, 578, 993 . The total anticipated increase in the City of Dublin' s share is $271 , 238 when compared to FY90-91 . Public Works Administration The recommended FY91 -92 budget is $282, 015, an increase of 12 . 7% from FY90-91 . Mr. Ambrose reviewed the budgets for Street Maintenance, Bike Path Maintenance, Street Sweeping, Street Tree Maintenance, Street Landscape Maintenance, Paratransit Service and Vector Control Services . Waste Management Mr. Rankin advised that this new budget identifies costs associated with support for the implementation of state mandated programs involving Waste Management. The budget also includes estimated costs for independent analysis of the 1992 Garbage Service Rate Application and related studies. Staffing for this activity is included in the City Manager' s Department. The total recommended budget is $33, 255 . Mr. Ambrose reviewed the budgets for Library, Cultural Activities, Park Maintenance and Cable Television. Recreation Ms. Lowart advised that a higher service level is being recommended to finance a Youth Sports Program which includes summer sports camps, youth basketball, softball and volleyball leagues . This program would be implemented through the expansion of the permanent Recreation Coordinator from 30 hours per week to 40 hours per week. Planning The recommended 91 -92 Current Service Level Budget totals $1 , 036, 275 and represents a 10 . 8% decrease from the estimated expenditures for FY90-91 . A Higher Service Level which would add one Associate Planner position and additional professional planning services was not recommended. n*n*n*n*n*n*n*n*n*n*A*n*A*A*A*A*A*A*A*A*A*^*^*A*^*A*A*^*^*^*^*A*^*^*A* CM - VOL 10 - 249 Adjourned Regular Meeting June 27, 1991 Mr. Ambrose advised that the City has made major progress in dealing with the County on East Dublin, and felt that Staff will be able to come up with a much better plan. Mr. Ambrose reviewed the Building & Safety budget. Engineering The total recommended Engineering Budget for FY91 -92 includes a higher service level and totals $573, 156 . The current service level includes funding to replace a contract Public Works Inspector with City personnel . This proposed change is estimated to result in annual savings to the City of $68, 525 . A proposed Higher Service Level will fund the implementation of the National Pollutant Discharge Elimination System (NPDES) . The proposed staffing provides for the elimination of the part-time Engineering Intern and the hiring of a full-time Engineering Technician. The Budget also includes funding for contractual services associated with the NPDES program, including $77, 000 to Alameda County to participate in a multi-agency implementation program. Mr. Ambrose reviewed the budgets for Economic Development, Debt Service, Capital Improvement Budget and the Internal Service Fund. Neil McLean, a 7 year resident stated he did not hear that the section related to revenues was covered. He stated he wanted to delete an income item; that being the City' s charges to youth sports groups for use of the Dublin Sports Grounds . This included Dublin Little League and the Soccer Club. These are Dublin youth that have been spending about $11 , 500 each year. He felt the City should provide the grounds at no charge as other nearby communities don' t charge City groups for usage. It is not right for the City to charge the kids extra for using parks . Mr. Ambrose stated there was a misunderstanding. The City does incur some additional expenses . The City would need to get a commitment from the sports groups that they would reduce their fees . Ms . Lowart advised that with regard to the $11 , 500 amount, 2/3 of this is estimated for fees that would be taken in by the Dublin Soccer League and Dublin Little League. We also rent the fields out for practice games and other things . There is Staff time involved. One of the goals adopted by the Council is to review the use policies for all City facilities . Staff will be bringing back recommendations by August to determine if there is a need to change the policies . Mr. Ambrose advised that groups monopolize the grounds and this is another consideration for the rest of the community. Cm. Burton questioned the ramifications of what will happen if we don' t charge. Mr. Ambrose advised that there are primarily financial implications . n*n*n*n*A*n*n*n*n*A*A*A*A*A*A*A*A*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^* CM - VOL 10 - 250 Adjourned Regular Meeting June 27, 1991 Mayor Pro Tempore Jeffery felt that we would also have to look at other services such as do we provide pool services at no charge. Mr. McLean stated they want to keep the fees as low as possible so that as many youth as possible can participate. Dale Skinner advised that Dublin Little League pays $4, 700 in usage fees for the Dublin Sports Grounds . This is a lot of money to pay for just scheduling. The kids live in Dublin and they shouldn' t have to pay a double tax to use these fields . With regard to domination of the fields, you also must take into consideration that they share some of the facilities with Valley Christian Center. Very few of their kids even live in Dublin. It would help Dublin Little League if the City' s fees weren' t so exorbitant. Mayor Pro Tempore Jeffery clarified the fact that property tax is funding only about $3 . 6 million of Dublin' s $26 million budget. Property taxes in no way pay for all the services received by residents . Ms. Silver advised that the City can impose fees, but it must be for costs of providing services . Mr. Ambrose advised that the City' s net costs have been going up about 20% per year for these programs. Mayor Pro Tempore Jeffery closed the public hearing. Cm. Burton stated he felt that National League of Cities expenses could be reduced. He did not feel that this is an important priority item for the City. Cm. Jeffery advised that there are many Federal Government cuts that will greatly impact us . She sits on the FAIR Committee. California is one of the largest states and if we don' t have representation at all times, things are passed which affect us . She gave an example of gas tax funds. Cm. Burton stated he was not sure Dublin should be paying the bill if there are only 3 representatives from California. He felt this was a poor use of Dublin' s money. Cm. Jeffery advised that the League of California Cities will pay up to $1 , 000 . Her appointment on this Committee will be up in December, 1991 . On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote (Mayor Snyder absent) , the Council reduced the NLC budget by $2, 800 to $1 , 651 . Cm. Jeffery voted against this motion. Cm. Moffatt felt that the budget figure of $25, 000 for the 10-year community celebration was too much. Cm. Jeffery explained that this will be a year-long celebration. n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*A*A*A*A*^*A*A*A*^*^*A*^*^*^*A*A*^*^* CM - VOL 10 - 251 Adjourned Regular Meeting June 27, 1991 Ms. Lowart advised that the City would be tying all activities in 1992 around a theme. A reception would be held on the anniversary date of incorporation, the tile wall program would be dedicated, and some type of artistic endeavor had been discussed. Also discussed was the possibility of a dinner dance and a family picnic around the 4th of July. They would be looking at hiring a graphic artist to design a 10-year logo which could also be used to generate revenue on sale of items . Cm. Moffatt felt this was a lot of money which could better be directed to other areas . He felt that $5, 000 or $10, 000 could buy a good celebration. Cm. Jeffery stated that in trying to instill pride in the community, part of this pride is to celebrate what' s good. Cm. Burton stated he didn' t feel the City should be the only one spending money. The Chamber of Commerce and service groups will all be participating as we go along. We must make some tradeoffs. Staff should try to get others involved. He indicated he would be willing to accept a reduced amount for this celebration. Cm. Burton made a motion to budget $15, 000 for the 10-year birthday celebration. The motion died due to lack of a second. Cm. Moffatt made a motion to budget $10, 000 for the 10-year birthday celebration. The motion died due to lack of a second. Cm. Moffatt questioned if the amount of money budgeted in cultural services for the performing arts facility study could be deleted or reduced. Staff advised that the amount could not be reduced as the money had already been committed. Cm. Burton stated he still felt the bid price for the Shannon well was high. This will give the City about $12, 000 extra. Cm. Burton made a motion to set aside the $12, 000 that will not be used for the well at Shannon for available fund balances . The motion died due to lack of a second. Social Services Cm. Burton stated he felt since the City had been asked by 3 major applications for social services, the City must ask itself if it is in the social services business . If the City contributes, where will it lead? The City cannot fund them all, so should it open the door to supporting social services? He felt the City should not involve itself in programs, but possibly make available funding for one-time expenses. n*n*n*n*n*n*n*n*A*n*n*A*A*n*A*A*A*A*A*A*A*A*A*A*A*A*A*^*A*A*A*A*A*^*^* CM - VOL 10 - 252 Adjourned Regular Meeting June 27, 1991 Cm. Moffatt stated he felt this is either a county or state function. You get to a point where you can' t give everybody everything they want. Cm. Jeffery stated it is a shame that the state has treated counties so poorly. A good example is the Library. If the City takes over social services, they will have them from now on. Cm. Burton stated his heart goes out to the groups that made presentations, but he felt it was beyond the capability of Dublin to fund all these requests . On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council agreed that the City will not fund programs which are strictly social programs. Therefore, the requests by Family Crisis Center, Resources for Family Development and Valley Support Services were all denied. Bert Jameson stated they were not asking for continuing funding, but just this year. He stated he was appalled at the way the Council discussed spending $25, 000 for a 10-year celebration when these organizations need help now. Drug Free Zone Signs Cm. Howard stated she felt this money could go for better things this year. Cm. Moffatt asked if money confiscated in drug programs could be used for signs . Chief Rose stated he was not sure. Cm. Moffatt requested that the City Council defer a decision related to the signs . On motion of Cm. Howard, seconded by Cm. Burton, and by majority vote (Mayor Snyder absent) , the Council determined that the City would not provide funding for the placement of Drug Free Zone signs. Cm. Moffatt voted against this motion. Dublin Substance Abuse Council The Council clarified that DSAC was requesting $8, 000 . On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council agreed to provide $4,500 in funding for the Red Ribbon Week activities and the Dry Graduation Night activities. A*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n* CM - VOL 10 - 253 Adjourned Regular Meeting June 27, 1991 Dublin Fine Arts Foundation Cm. Moffatt made a motion which was seconded by Cm. Burton to provide $5, 000 in funding to DFA. This motion was defeated due to NO votes cast by Cm. Howard and Mayor Pro Tempore Jeffery. Cm. Howard made a motion which was seconded by Cm. Burton to provide $7, 500 in funding to DFA. Prior to a vote on this motion, Cm. Howard stated she wished to amend the amount to $8, 000 . Cm. Burton stated he would withdraw his second to the motion. Lynne Baer advised that if they are unable to raise the funds, the projects will not get done. She explained that there are personnel and program costs. On motion of Cm. Howard, seconded by Cm. Moffatt, and by majority vote (Mayor Snyder absent) , the Council agreed to provide $8,000 in discretionary funding to the Dublin Fine Arts Foundation. Cm. Burton abstained. Dublin Historical Preservation Association Cm. Moffatt stated he felt the building needs to be refurbished. The DHPA should work on getting the lease and the matter should be deferred for 60 days . Cm. Burton felt the City should set aside some money as we should preserve the buildings . We could argue about all the other stuff later. We could require invoices showing that the work was done. Cm. Burton made a motion for the City to pay for restoration work to the school which would include the broken windows, the roof repair. and exterior paint. These should be paid directly through the City as Cm. Burton wanted to make sure that when the money leaves the City, the contractors are paid. There was no second to this motion. Ms . Silver felt the City should pay the money to the DHPA because of possible problems under the public contract' s code. Mr. Molina suggested that the DHPA could issue a cashier' s check. Cm. Jeffery stated she felt very strongly that we should have the lease before the City puts any money into this program. Ms . Cronin stated the lease has nothing to do with the building, but rather just the ground that the building sits on. Cm. Burton made a motion which was seconded by Cm. Howard to set aside $14, 450 to pay for repairs to the school . Upon proof of completion, checks will be made out by the City jointly to DHPA and the contractor. Negotiations regarding. invoicing would be left up to n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*^* CM - VOL 10 - 254 Adjourned Regular Meeting June 27, 1991 Staff. This motion was defeated due to NO votes cast by Cm. Moffatt and Mayor Pro Tempore Jeffery. Cm. Moffatt stated he felt we should have a clear picture of who owns what before we spend any money. Mayor Pro Tempore Jeffery stated without a lease, she did not want to put money into it. Cm. Moffatt made a motion for them to come in with a legitimate lease or the City would take over the properties. This motion was not seconded. On motion of Cm. Howard, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council agreed to provide $16, 140 in funding to pay for the necessary repairs and to get a start on the reprint of "Dublin Reflections" if the group can get the lease situation resolved within the next 30 days. Invoices must be presented and City checks can be made payable on a duel basis to the contractor and DHPA. If the lease is not cleared up within 30 days, the funding will not be released. With regard to Mr. McLean' s request to omit fees, Cm. Burton felt this involved a lot of other areas that the City must consider. Mayor Pro Tempore Jeffery suggested that Ms. Lowart look at the whole issue at the August Park & Recreation Commission meeting and present a report to the Council in late August or early September. With regard to the community promotion account, Cm. Moffatt again stated he felt $25, 000 was too much. Mayor Pro Tempore Jeffery suggested that the Council leave the money in but encourage that the money not all be spent. Individual budget items will come back before the Council as plans progress. On motion of Cm. Howard, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 65 - 91 ADOPTING A BUDGET FOR THE CITY OF DUBLIN FOR FISCAL YEAR 1991-92 1991 -92 APPROPRIATIONS LIMIT (330-20) Finance Director Molina advised that each fiscal year, the Council is required by law to adopt an appropriations limit. Beginning this fiscal year, the appropriations limit formula was changed by Proposition 111 . The City can now choose between the greater of either growth in the California Per Capita Income or the growth in the non-residential assessed valuation for the first factor and between n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*A*^*A*A*A*A*A*A*A*A*A*A*A*A*^*A*A*^*^*A* CM - VOL 10 - 255 Adjourned Regular Meeting June 27, 1991 the greater of either the change in the population for Dublin or the County for the second factor. Based on the calculations, the City' s 1991 -92 Appropriations Limit is $17, 515, 325 . On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Mayor Snyder absent) , the Council adopted (based on using County population figures) RESOLUTION NO. 66 - 91 ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1991-92 ($17, 515,325) ESTABLISHMENT OF NEW POSITIONS MANAGEMENT ASSISTANT & ENGINEERING TECHNICIAN (700-20 ) City Manager Ambrose advised that the 1991 -92 Budget includes funding for two new positions which include a Management Assistant and an Engineering Technician. The Management Assistant will be a regular full-time position ( 12 month appointment) assigned to the City Manager' s Office. The Engineering Technician will be a regular full- time permanent position which would replace the current Engineering Intern position. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 67 - 91 AMENDING THE CLASSIFICATION PLAN and RESOLUTION NO. 68 - 91 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES CITY CONTRIBUTION FOR PARATRANSIT/DIAL-A-RIDE PROGRAM ( 600-40) Mr. Rankin advised that as part of the 1990-91 Budget deliberations, the City Council considered a request for funding from the Livermore- Amador Valley Transit Authority. The request was approved and LAVTA has made a similar request for FY91 -92 . Staff prepared a proposed amendment to the original agreement and recommended that the Council approve the amendment and authorize its execution. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Mayor Snyder absent) , the Council approved the second amendment to the agreement with LAVTA and authorized execution of same. n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*n* CM - VOL 10 - 256 Adjourned Regular Meeting June 27, 1991 I-680 SOUNDWALL DESIGN (800-30) Mayor Pro Tempore Jeffery advised that a draft resolution had been received from the City of San Ramon expressing concern regarding the design of the soundwalls. The soundwalls have met with widespread criticism and outrage from the community. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote (Mayor Snyder absent) , the Council adopted RESOLUTION NO. 69 - 91 REQUESTING CAL TRANS TO CHANGE THE COLOR, STYLE AND FORM OF THE SOUNDWALLS ALONG THE I-680 FREEWAY IN THE SAN RAMON VALLEY ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12 : 20 a.m. Mayor Pro Tempore ATTEST: City Clerk n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*A*^*A*A* CM - VOL 10 - 257 Adjourned Regular Meeting June 27, 1991 REGULAR MEETING - July 8, 1991 A regular meeting of the City Council of the City of Dublin was held on Monday, July 8, 1991 , in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 32 p.m. , by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. DEMONSTRATION OF DEFIBRILLATOR EQUIPMENT (520-70) Dougherty Regional Fire Authority Chief Ritter announced that it was his pleasure to introduce a new program which started in Dublin last week. One and one-half million heart attacks occur in the United States each year; 60% of the people could be saved if they are shocked within 4 minutes . Four to 12 minutes is a very critical time period. Representatives from DRFA demonstrated the use of the new defibrillator equipment on a dummy. The Fire Department advised that while Dublin has not yet had its first save utilizing this new equipment, it is just a matter of time. This tool will save a lot of lives. Concerns re Garbage Rate Increases for Recycling (810-30 ) Ms . Tanya Clark, 7832 Gardella Drive addressed the Council related to the garbage fee increases for the recycling program. She and her elderly mother cut back and began recycling and were able to reduce their waste from a 30 gallon to a 20 gallon can. They feel they are being penalized for economizing. According to her research, there are 5, 100 single family homes in Dublin, and the additional charges come to over $22, 000 . The baskets probably cost almost this amount. When the bins were delivered, her mother, who is classified as legally blind, almost tripped on the baskets which were placed on their front porch. There are also 2, 100 multi-family complexes being charged for the program, but the residents don' t recycle. She understood that there are some negotiations going on to get the multi-family units onto the program. The disposal company is recycling all this trash plus they are reselling it. She can get approximately $4 for the amount that they recycle each month from just her mother and herself. The disposal company is making over $150, 000 each year. n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n* CM - VOL 10 - 258 Regular Meeting July 8, 1991 Ms . Clark advised that they are on fixed incomes and it is not fair that their bill has gone from $14 . 70 to $25 . 65 . She thought they would have a choice and felt this had been taken from her. Mayor Snyder asked Staff to prepare a written response to Ms . Clark separate and apart from the meeting. There are many complexities to the law and he felt Staff could explain some of the intricacies involved. Dublin was actually able to keep the rates down because of some surplus funds . Mayor Snyder requested that Assistant City Manager Rankin respond to this request as soon as possible. Cm. Burton asked whether or not there is some type of a senior program available with some options for seniors that have small amounts of garbage. Request for City to Consider Banning Fireworks (650-60) Ann Henderson, 11673 Amarillo Court addressed the Council with concerns related to the sale and use of so called "Safe & Sane" fireworks . She stated she purposefully waited until after the 4th of July to make this request. Drought conditions have made a tender box of the Valley. Near the 25th of June, she hangs her head in shame as Dublin starts selling fireworks . The sheds which we allow to be erected to sell the fireworks are a disgrace. We create policing situations in nearby communities. We attract undesirables who sell illegal fireworks. Even the safe & sane fireworks can be dangerous, so there is always the issue of injuries. The true beneficiaries of the sales are the fireworks company. Even though the opponents had no funds to spend on the election, they came within 174 votes of banning the sale of fireworks. Ms . Henderson congratulated the Lions Club for selling FunnerWorks . Ms. Henderson felt a mixed message was being sent to our youth. She requested that the City Council ban the sale of fireworks and look for other ways for the groups to raise money in the community. Cm. Jeffery stated she felt that it would be a good idea to set up a task force to study other ways for groups to earn money. Cm. Burton stated he wished to correct some of Ms. Henderson' s misinformation. There has not been any fires in Dublin in the last 2 years . He felt the City Council could review this, however, and keep an open mind. Mayor Snyder stated he felt that a community group could be formed and this should be agendized. Cm. Jeffery requested that Staff do some research and get some background and facts, as well as some cost information, etc. n*n*n*A*n*n*A*A*A*A*A*n*A*A*A*A*A*A*A*A*^*^*^*A*A*^*^*^*^*^*^*^*^*A*^* CM - VOL 10 - 259 Regular Meeting July 8, 1991 Mayor Snyder also requested that Staff try to determine the level of success of the Lions Club sales. Cm. Moffatt felt the Council should look into this and offer some alternatives to fireworks . Cm. Burton stated the non-profit groups raise about $80, 000 to $100, 000 by selling fireworks. By a consensus of the Council, Staff was directed to agendize this topic for discussion in a couple of months. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of June 24, 1991 ; Mayor Snyder pointed out a correction in the middle of Page 231 where 1992-92 fiscal year was referenced. Adopted RESOLUTION NO. 70 - 91 SUMMARILY VACATING A PUBLIC UTILITY EASEMENT TRACT 2161 AMADOR VALLEY BOULEVARD (670-40) and directed that a copy of the Resolution be recorded with the County Recorder pursuant to Streets and Highways Code 8336; Adopted RESOLUTION NO. 71 - 91 AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE U.S.DEPARTMENT OF LABOR (DOL) AND THE ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD (ACTEB) 710-60/600-40 Accepted the City Treasurer' s Investment Report for Period Ending June 30, 1991 ( 320-30 ) ; Awarded Copier bid (equipment, maintenance & supplies) to C.G. Inc. , (350-20) and directed Staff to issue appropriate purchase order (Copier-$8, 169 . 45, Maintenance & Supplies-$1 , 960 . 33 ) ; Approved Warrant Register in the amount of $981 , 841 . 04 (300-40 ) . Cm. Moffatt requested that the item related to sharing business license computer information with DSRSD be pulled from the Consent Calendar for discussion. He questioned if this is public information. Finance Director Molina advised that the information contained on the application itself is considered to be public information. ^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^* CM - VOL 10 - 260 Regular Meeting July 8, 1991 Cm. Moffatt stated he had no problem sharing information, but could see a time in the future when retail and other businesses might want the information and the City would get into a situation of selling lists. It could become important to sales people. He asked if some kind of policy had been developed regarding fees for this type of information. Fees could be turned back into the program to reduce some of the fees to the businesses. Mr. Ambrose advised that the fees charged to DSRSD are what it costs the City to provide the information. People can come in and look at the business license information applications. They can request information that we have, in the format that we have it. We do not have to produce special reports listing the information. Cm. Moffatt asked if a non-public type business could come in and request this information at the same price. Mr. Ambrose stated this was the reason for the agreement with the District. The City is not required to create records . Mr. Molina stated the City has provided some very basic lists to people which includes the names and addresses of the businesses. This information is already in the system. We provide no information regarding income or cash flow. The City also has sales tax information, but cannot provide this to anyone by law. Cm. Burton questioned what information we would be giving DSRSD. Mr. Molina advised that we would be providing basic information related to name and address and number of employees and any potential hazardous materials storage. Cm. Burton questioned why the District needed to know the number of employees. Bob Beebe, General Manager of DSRSD responded that they use this information to make sure that the property is used the way the connections say it was to be used. There have been cases where warehouses were used incorrectly. Cm. Burton stated he was nervous about this. Businesses that have been here for 15 or 20 years are now being required to make various changes . He stated he is getting a lot of calls related to this and also expressed concern regarding the fact that this started out as a business registration and is now being called a business license program by the City. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by majority vote, the Council authorized the Mayor to execute an agreement to share business license information with Dublin San Ramon Services District ( 600-40) . Cm. Burton voted against this motion. Cm. Burton requested that the item related to designating urban growth to cities be pulled from the Consent Calendar for discussion. n*n*n*n*n*A*A*A*A*A7 A*A*A*A*A*A*A*^*A*A*^*A*A*^*n*^*A*A*A*A*A*^*A*A*A* CM - VOL 10 - 261 Regular Meeting July 8, 1991 Cm. Burton stated he would like further information on this . Mr. Ambrose advised that we are talking about growth in unincorporated areas being controlled by counties . What this resolution supports is the fact that all development should be included in cities. Cm. Moffatt explained the concept that for any area to grow, we are asking that it be within a city. Cm. Jeffery felt that if counties are hurting for money throughout the state, they will go out and put in retail centers and cities have to provide services . If cities have to provide services, the development should be in the cities. This will force counties to quit stalling on annexations . Cm. Burton felt this would create strip annexations . He discussed the point that if this had been in place 10 years ago, Dublin could now be just a part of Pleasanton. Marjorie LaBar encouraged the City Council to adopt the resolution. People living in unincorporated areas have lousy services . Schools are almost impossible. Once a county skims off the development fees, they then leave it to the cities to fix it. This is a piecemeal approach and she felt there were serious problems in the Los Positas Valley. Counties have a cavalier attitude and she preferred that they not be allowed to take it out of cities hides . On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by majority vote, the Council adopted RESOLUTION NO. 72 - 91 DESIGNATING URBAN GROWTH TO CITIES (140-20) and directed the City Clerk to send a copy of the Resolution to the East Bay Division of the League of California Cities and to the League of California Cities for consideration of adoption as League policy. Cm. Burton voted against this motion. CONSIDERATION OF APPLYING TO STATE FOR CREATION OF A NEW AGENCY TO ADMINISTER JOB TRAINING PARTNERSHIP ACT (JTPA) FUNDS 710-60 Assistant City Manager Rankin advised that Mayor Ball of Fremont is requesting a commitment on the part of cities in southern and eastern Alameda County to file an application to form a new agency to administer JTPA funds . The City of Fremont is concerned about the current administration of JTPA funds under the auspices of Alameda County. n*n*n*n*n*n*n*A*A*A*A*n*A*n*A*A*^*^*n*A*^*^*A*^*A*A*^*^*^*A*^*^*^*^*^* CM - VOL 10 - 262 Regular Meeting July 8, 1991 Mr. Rankin advised that the application must be filed no later than August 1st. The City of Fremont has estimated the cost at $5, 500 and proposes that it be shared on a population basis. If the application is approved, additional costs would be incurred to become a fully functioning JPTA Administration. Dublin' s costs were estimated to be $660 . Mr. Rankin stated that if the Council approves this request, Staff recommended that a future report be prepared on other costs associated with the establishment of a new JTPA prior to proceeding further in the process. Cm. Moffatt who has served on the ACTEB Board of Directors stated that Mr. Rankin gave an excellent description of what is going on. The amount of money at this time would be a percentage based on population rather than an equal split. Also, the amount is a cap which they will not exceed. The job markets are expanding out here and he felt it behooves us to get more input into the type of training and education that goes into this particular organization. Right now, there is no direct City participation. Cm. Jeffery stated she was concerned that Fremont might contract with a former ACTEB employee that she did not wish to name. She felt we do have a direct representative in our County Supervisor. It is expensive to set up a board and she did not feel that it would bring back that much to the Valley. She thought that perhaps all the cities on this side of the hill would be better to form a group. Cm. Moffatt stated this is not likely to occur as you need a minimum of 200, 000 population to form a group. Cm. Burton felt we could look at joining with San Ramon and Walnut Creek. Cm. Moffatt advised that we could even consider joining with San Joaquin County. Last years budget was discussed and Cm. Moffatt advised that of a $3 million budget, we got about 12%. Cm. Burton stated he wanted to review what happened with ACTEB before. Berkeley wouldn' t cooperate so they gave it to the County. We now have a bureaucracy that will stay in existence regardless of what we do and he stated he was inclined to resist setting up another bureaucracy. We will just be chasing after federal monies . Cm. Moffatt stated we would not be chasing federal money, but rather it is the other way around. They are spending federal money. ACTEB was self-sufficient and was fully funded by the government. The concept is to have the business community leaders and City leaders who meet together and form the concept of taking the disadvantaged folks and bring them into the main stream. They work toward taking people off welfare. n*n*n*n.*n*n*n*n*n*n*n*A*A*A*n*A*A*A*A*A*A*A*A*A*A*A*A*^*A*^*^*^*^*A*^* CM - VOL 10 - 263 Regular Meeting July 8, 1991 Cm. Burton stated it wasn' t necessary to try and sell the program. His concern was related only to who runs it. Cm. Moffatt stated Berkeley will have to either go with the County or this new group. Fremont will go ahead with this regardless, and just want us to join them. Cm. Burton questioned what the City' s obligation would be if it gets into this . Mr. Rankin advised that if the Council desires to participate in the application process, once the State makes a ruling, Staff would come back with further cost information and details. The $660 figure is based on their estimate of $5, 500 and was the mix assuming they get the necessary 200, 000 population participation. Cm. Jeffery asked what if the State says yes, but the cities don' t want to participate? What happens? Will Fremont go ahead? She stated she felt that Pleasanton is not necessarily agreeable to this. Cm. Burton asked if pursuing this would preclude us from joining another group such as with Contra Costa County. Mr. Ambrose stated he did not think so. He felt that Fremont is close to forming theirs . We are currently in the County' s program and at present, this is the only other alternative situation we have. Mr. Rankin clarified that this program would not be in place for the current fiscal year. Cm. Moffatt advised that wherever there is 200, 000 population, there could be a SDA. Mr. Rankin advised that the County' s funding would be adjusted downward if cities go with a new SDA. Mayor Snyder felt this is a worthwhile program. The County got involved to handle 20 or so employees they didn' t know what to do with. They preserved 20 jobs in the County for their own purposes . On motion of Cm. Moffatt, seconded by Mayor Snyder, and by majority vote, the Council authorize Staff to proceed with the concept of joining in the application process with the City of Fremont. The Council also authorized a budget transfer of $660 from the Contingent Reserve. Cm. ' s Burton and Jeffery voted against this motion. EAST DUBLIN STATUS REPORT ( 420-30 ) Mr. Ambrose presented a brief history and overview of the events related to the East Dublin Study. On June 26th, the County presented a request to consider mixed uses on the Santa Rita property and indicated a willingness to renegotiate the annexation agreement, n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*n*n*n*n*n*n*n*n*n*n*n* CM - VOL 10 - 264 Regular Meeting July 8, 1991 including the revenue/cost sharing formula. The plan originally called for a 600 acre business park on the County property. Staff explained that incorporation of mixed uses on the County property could be beneficial to both the City and the County. It would facilitate a better jobs/housing balance, create less traffic congestion and reduce traffic mitigations . Because of the County' s proposal to renegotiate the annexation agreement, the City now has the opportunity to reconsider the direction of the East Dublin plan. Staff advised that it was anticipated that a revised work scope could be completed within 2 months . The greatest unknown is the length of time it will take to come to agreement with the County on the basic land use concept for the Santa Rita property. The target completion date of February 24, 1991 was being extended by 3 weeks . It is anticipated that a joint Commission/Council study session would be held in August to discuss selected issues including park relocations, reconfiguration of land uses around Tassajara/I-580, and the effect of mixed uses on the Santa Rita property. The costs to incorporate revisions was estimated at $47, 600 . Mr. Ambrose stated that because of past dealings with the Board of Supervisors, it is important to get political feedback and make sure they understand what this renegotiation means. There is substantial benefit to us to come up with a better plan of considering a mixed use concept on the County property and integrate the County land uses with the rest of the program. This gives us an opportunity to do this . This also gives us an opportunity to more accurately incorporate the park and recreation masterplan into the program. Cm. Burton stated he agreed that this would be to our benefit, but he wanted to talk strategy. Last year, it was promised that they would come through. Why are we paying one half of the cost when they were the cause of the extra expenses . They could easily delay the process . If we proceed, they could come in later, even though it will cost more. He was upset that we are blowing the $10, 000 that was put in the Contingent Reserve and are only 8 days into the new fiscal year. Mr. Ambrose stated they could come to us and request a change in the tax sharing agreement apart from looking at land uses. Their consultant is advising them on how to negotiate with the City. We are now getting someone to help us negotiate who provides services, how best to provide them and who pays . This could be more favorable than what we currently have. While there is some risk involved, the other risk is proceeding and then coming up with a plan that we can' t implement. Park recommendations still have to be incorporated into the East Dublin plan. This was not in the original plan with WRT. There is no question that the Board could ultimately say no. The County Administrator understands this . This is why we want to send a letter to the Board of Supervisors to get their willingness . There is no doubt that there are risks involved. Cm. Burton pointed out that if we go ahead and they want a change, they could respond on their own. n*n*n*n*A*n*A*A*A*n*A*A*A*^*A*A*^*n*A*^*A*^*^*A*^*A*^*^*^*^*^*A*^*^*^* CM - VOL 10 - 265 Regular Meeting July 8, 1991 Mr. Ambrose indicated we could keep the business park as an option in the EIR. On motion of Cm. Jeffery, seconded by Cm. Howard, and by majority vote, the Council authorized Staff to send a letter to the County indicating the City' s willingness to review the proposed mixed use land use concept and revised tax exchange agreement and to work toward the successful renegotiation of the annexation agreement. The letter should also request a reply from the County indicating their willingness to fund the additional costs outlined in the Staff Report. Staff was also directed to proceed with negotiations regarding land uses on the Santa Rita property and potential amendments to the existing annexation agreement between the City and the County. Cm. Burton voted against this motion. John DiManto questioned if this was a public hearing. Mayor Snyder advised that it was not a public hearing, but the Council would certainly allow anyone to speak on the subject. Mr. DiManto, representing the Dublin Land Company, owners of 82 acres stated he wished to express several concerns. He wished to address impacts to the land owners versus the County property. If the City Council is dealing with the County as land owners related to negotiating, there exists a very aggressive developer for a joint venture there is a possibility that they will give a wish list to the County to discuss with the City. This could possible be a conflict of interest on the part of the City. Unfortunately, this plan has gone on and on and on. To further delay by allowing the County to come in this late will impact this process . As a result, the land owners have had to put up another $150, 000 . The City seems to be interested in an extension and the City now comes in as a partner in the plan. He suggested that the City go forward with the plan and the County can come back in 2 or 3 years and renegotiate. Dublin could loose some major retailers which could be devastating to the other .landowners. He suggested that a decision be delayed for 2 weeks . What we see coming from the County is not what we will eventually get. He felt this action would cause another year' s delay. Mr. Ambrose advised that we are not renegotiating infrastructure, but costs of services and operating revenues . Any agreement that the County has with the developer cannot be consummated alone with the developer. The City must be part of these. Tonight' s action deals only with the tax sharing agreement and if anything, this should reduce the costs to the other property owners. Mr. DiManto stated if you are dealing with the County and they maintain ownership for 3 years, there would be no problem; however, there will be a developer coming to the study to negotiate and who could ask for high density, etc. They can sway the share of bonds on their property. n*n*n*n*n*n*n*n*n*A*n*n*A*A*A*A*A*A*A*A*A*A*^*^*^*^*^*^*^*^*^*^*^*^*^* CM - VOL 10 - 266 Regular Meeting July 8, 1991 Bobbie Foscalina indicated that she had suggested at past meetings that Dublin stop or delay the process . Dublin is spending tax dollars and Staff time as well. The County property is such an integral part of the East Dublin area it should be planned first. It ties existing Dublin with the eastern area. We should know what it will be before we plan the rest of it. Carolyn Morgan felt that Mr. DiManto obviously seems to know something the others don' t. She indicated confusion on mixed use. She questioned the ratio of the County property. It appears that it could save the City lots of money on infrastructure. Since there will have to be an EIR done, why did the County want to pay for one they won' t use and which couldn' t be validated and have to be redone. Marjorie LaBar stated if you have CEQA problems, your EIR may come to a screeching halt. She felt it would make much more sense to delay for a few weeks and draw the County property in. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE ( 140-20) Assistant City Manager Rankin advised that the League of California Cities 93rd Annual Conference is being held in San Francisco this year on October 13-16, 1991 . Each year, cities are given an opportunity to consider resolutions which have policy implications. If the Council wished to have policy issues addressed, it would be necessary for Staff to prepare a draft resolution for consideration at a City Council meeting prior to August 29, 1991 , in order to meet the identified League calendar. The League also requires the City to designate the Voting Delegate and Alternate for the 1991 Annual Conference. The Council should either confirm the Mayor and Vice Mayor as Voting Delegate and Alternate or advise Staff of proposed changes. Mr. Rankin advised that the first regular Council meeting in October conflicts with the date of the Conference and Staff requested direction related to rescheduling or cancelling this Council meeting. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council selected a tentative date of October 10, 1991 to hold the first Council meeting of the month and also reaffirmed the appointments of the Mayor and Vice Mayor as the City' s voting delegate and alternate. OTHER BUSINESS DSRSD Liaison Meeting ( 110-10) Mr. Ambrose stated that DSRSD wished to set up another liaison meeting. Cm. Burton and Mayor Snyder indicated a preference to meet on July 15th at 3 : 30 p.m. n*n*n*n*n*n*n*n*A*A*A*A*A*A*A*A*Arc^*A*A*A*A*A*A*A*A*A*^*A*A*A*A*A*A*^* CM - VOL 10 - 267 Regular Meeting July 8, 1991 Interviews of Tenant Commissioner on DHA ( 110-30/430-90) Mr. Rankin advised that there are 5 people interested in the Tenant Commissioner position at Arroyo Vista. Cm. ' s Burton and Moffatt had previously agreed to serve on an interview panel . A meeting was scheduled to conduct the interviews on July 24th at 1 : 30 p.m. Light Rail Assignment by San Ramon ( 1060-60) Cm. Moffatt passed out proposed tentative light rail assignments as proposed by the City of San Ramon. Reference Name of East Dublin ( 420-30 ) Cm. Burton expressed concern over the fact that when we first started studying the East Dublin area, we did not want to get a town separated. A small "e" was discussed, but Staff continually puts in a capital "E" . This gives a designation as a separate entity. He questioned if the Council had any feelings about this . Cm. Moffatt suggested that it be referred to as the eastern extension of Dublin. CLOSED SESSION At 9 : 45 p.m. , the Council recessed to a closed executive session to discuss Personnel (700-20) in accordance with Government Code Section 54957 . Mayor Snyder advised that Government Code Section 54957 . 6 was also added to the closed session discussion. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10 : 30 p.m. Mayor ATTEST: City Clerk A*A*^*^*^*A*A*^*^*^*A*^*A*A*A*^*^*A*A*^*^*^*n*^*^*^*A*^*A*^*^*^*^*^*^* CM - VOL 10 - 268 Regular Meeting July 8, 1991