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HomeMy WebLinkAbout09-26-1995 Adopted CC MinutesREGULAR MEETING ~ September 26, 1995 A regular meeting of the Dublin City Council was held on Tuesday, September 26, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Moffatt and Mayor Houston. ABSENT: Councilmember Howard. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PROCLAMATION (CRIME PREVENTION MONTH) 7:03 p.m. $.1 (610~50) Mayor Houston read a proclamation declaring the month of October, 1995 as Crime Prevention Month and urged all citizens, government agencies, public and private institutions, and businesses to increase their participation in our community's prevention efforts and thereby promote good citizenship. The Proclamation was presented to Rose Macias, Community Safety Assistant and Chief Rose. Ms. Macias stated there will be several events held during the month of October related to crime prevention. Chief Rose thanked the City Council and Staff for their suPport. Cm. Burton stated the State is claiming less crime now and he noted we are reducing crime. He asked if the Chief wished to make a statement related to this. Chief Rose responded that some of it is due to' good police work and part of it is just the social structure and things you cannot put your finger on. Police Services is doing their part. A lot of components go into this trend. Cm. Burton asked if he felt the 3 strike law was having an effect. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 467 Chief Rose stated he felt this does have an impaCt, but he believed that those with 2 and 3 strikes are concerned about going to prison and they are doing anything to keep from going to jail. CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council took the following actions: Approved Minutes (4.1) of Regular Meeting of September 12, 1995; Accepted Gift of $192 (4.2 150~70) from Dublin resident, Robin Andrew, designated for the Dublin Senior Center, and directed Staff to prepare a formal acknowledgment to the donor; Approved the Warrant Register (4.7 300~40) in the amount of $762,190.99. Cm. Moffatt requested that Item 4.3 be pulled from the Consent Calendar and asked about hiring the facility consultant and if this will include the Civic Center, Community Center and Senior Center. The Senior Center is owned by the School District. Cm. Moffatt asked how this will save us money. Mr. Thompson stated we lease the Senior Center but we have to maintain ali the interior maintenance and electrical as part of our contract. We also maintain the roof We don't maintain the landscaping outside the building. Mr. Thompson stated it should save us money in the long run because of scheduling and prolonging the life of the facilities. We'll have a better handle on things and can budget more accurately. Cm. Moffatt said he thought a manufacturer gives some type of life span on most of the equipment and the life expectancy. He asked if we really need this service. Our inspection department should be able to tell us if boards are wearing out. Should we spend this In'nd of money?. Mr. Thompson stated there are aIl kinds of high tech things in the Civic Center building. This particular man is an expert and can tell us the life cycle. Staff feels it is important roger started with an ISF fund and replace things as needed Cm. Moffatt asked about the amount of money in the slush fund Mr. Ambrose explained that the Civic Center building is a custom built building and there are about ~ different large air conditioning units, phone system, etc. The other facilities we inherited and have no warranties. Right now, from a maintenance standpoint we are running from situation to situation and ' putting out brush fires. He reminded the City Council that theyput this on their goals & objectives list, so this is not something new. Cm. Moffatt felt if we go out and try to look for trouble, we will find it. We have a fairlygood crew on board to tell us what's wrong and what it will take to fix it. This is a situation of cash tIow and no one has a crystal ball. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 468 Mr. Ambrose stated as professionals Staff feels we don ~t have manpower and the knowledge to do this. On motion of cm. Burton, seconded by cm. Barnes, and by majority vote (Cm. Howard absent), the City Council adopted (4.3 600~30) RESOLUIION NO. 109 - 95 APPROVING AGREEMENT WITH CLYDE GORDON AND ASSOCIATES FOR FACILITY ASSESSMENT STUDY and authorized the City Manager to execute the agreement. Cm. Moffatt voted against this motion. Cm. Burton requested that Item 4. 4 be pulled from the Consent Calendar for discussion. On page 3 of the tract developer agreement it calls for only $G$ days for this to be done. This is a lot of work for Phase Z Mr. Thompson stated we typically use a year on these as a normal aegreement. If the developer is actually making headway, we can give them extensions. Some developers walk away from these and it gives us a timeline to evaluate what's going on and enforce. Cm. Burton stated he has watched this project and it is massive. This seems like a short st~ng. Mr. Thompson stated the project is the streets and the underground utilities;just the public improvements. There is a one year maintenance period. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Howard absent), the City Council adopted (4.4 410-40) RESOLUTION NO. 110 - 95 APPROVING FINAL MAP FOR TRACT 5766 (XANSEN HILL, PHASE I) and RESOLUTION NO. 111 - 95 ACCEPTING DEED FOR RIGHT-OF-WAY FOR PROPOSED ROAD THROUGH VALLEY CHRISTIAN CENTER (RELATIVE TO TRACT 5766) and CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 469 and RESOLUTION NO.' 112 - 95 ACCEPTING DEED FOR PUBLIC EASEMENT ALONG PROPOSED ROAD THROUGH VALLEY CHRISTIAN CENTER (RELATIVE TO TRACT 5766) RESOLUTION NO. 113 - 95 and ACCEPTING DEED FOR MAINTENANCE ACCESS ROAD ALONG MARTIN CANYON CREEK (RELATIVE TO TRACT 5766) RESOLUTION NO. 114 - 95 APPROVING GRANT OF EASEMENT TO DUBLIN SAN RAMON SERVICES DISTRICT FOR WATER AND SEWER UTILITIES ALONG MARTIN CANYON CREEK ACCESS ROAD (RELATIVE TO TRACT 5766) Mayor Houston pulled Item 4.5 from the Consent Calendar and advised that Target representatives Michael Xavier andJanice Salsider were present to present a $I,000 check to Chief Rose for the bicycle safety equipment. Cm. Burton asked if there had been evidence that the bicycle program makes a difference. Ms. Xavier stated they definitely have seen the impact. The officer is a little more accessible and available. This accessibility builds better relationships between the young people and the businesses. On motion of Mayor Houston, seconded by Cm. Moffatt, and by unanimous vote (Cm. Howard absent), the City Council authorized acceptance (4.5 150-70) of a $1,000 grant from Target Stores for the purchase of Police Services bicycle safety equipment; authorized the Mayor to execute the Budget Change Form; and directed Staff to prepare a formal acknowledgment to the donor. Cm. Moffatt pulled Item 4. G from the Consent Calendar and commented he didn't see any h'Eures for the consultant on the Trumark Homes General Plan Amendment Study. Planning Director Tong stated the amount was not to exceed $11,600. Mr. Ambrose read a letter which had just been received addressed to the Planning Director and Building Department from Jerry Herrington, Vice President of Ron Nunes Enterprises regarding the study. They had concerns related to the sound wail criteria and stated their manufacturing shop produces different noise levels at various operations between midnight and G:O0 a.m. They were concerned and wished to head off eminent future problems with residents. The Council stated this was not the appropriate time to comment on this, however, this is one of the issues which would be reviewed and dealt with in the study. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26~ 1995 Page 470 On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Cm. Howard absent), the City Council adopted (4.6 600~30) RESOLUTION NO. 115 - 95 AWARDING CONTRACT FOR IRUMARK HOMES GENERAL PLAN AMENDMENT STUDY TO JERRY P. HAAG and authorized the City Manager to execute the agreement. PUBLIC HEARING LIMITED (15 MINUTE) PARKING ZONE ON BRIGHTON DRIVE 7:27 p.m. 6.1 (570-20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this is the second reading of a proposed ordinance to establish a 15 minute parking zone on Brighton Drive just north of Amador Valley Boulevard. The 15.minute parking zone was requested by the property owner of 6837 Amador Valley Boulevard in order to facilitate dropping off and picking up children from the daycare center at this address. Cm. Moffatt asked how this will be enforced. Mr. Thompson stated he thought it would probably be by complaint, If the daycare center starts having problems, they will most. likely call. Charles Florin, 6861 Amador Valley Boulevard commented that he and another person who lives between him and the daycare center would like to know how this will affect them on a day-to-day basis. Cm. Barnes stated this limited parking is only on the side of the house on Brighton. Mr. Thompson stated at the last meeting the City Council approved the red zone in front of the center. This only required one reading as it was a resolution. He explained about the testimony when the center was approved. There was a study done and for this particular use, people come in at different times. The City Council approved 20 children. Mayor Houston stated the red zone in the front was so they do not cause congestion. The City Council encouraged them to park on Brighton. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 471 Mr. Florin stated he sees congestion at this corner every morning. It's really difficult to make a left hand turn onto Amador Valley Boulevard. Maybe a stop sign should be placed there. Mayor Houston asked if the traffic study looked into a stop sign. Mr. Thompson advised that TJKM did a study for a 4~way stop and there weren't enough warrants. They did do the study when school was on. Cm. Barnes thought the study was done in January. This was one of the questions that came up. The City Council also extended the drop off time, thus spreading the traffic over a greater period of time. Cm. Moffatt clarified that the restrictions don't apply after 7 p.m. and all day Saturday and Sunday so this should alleViate the situation. There is always the possibility of a change if they start running into problems. Mr. Florin stated he already sees problems by living there. Cm. Burton stated they were all concerned about the problems he mentioned. The City Council was trying to provide safety and accommodations. They split the time, lowered the number of students, spread out the parking and they tried to accommodate all the concerns. They did what they thought they could to make it palatable to everybody. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council waived the reading and adopted ORDINANCE NO. 10 - 95 ESTABLISHING A 15 MINUTE PARKING ZONE ON THE WESlERLY SIDE OF BRIGHTON DRIVE, NORIHERLY OF AMADOR VALLEY BOULEVARD DRAFF AGREEMENT BETWEEN CITY AND SCHOOL DISTRICT RELATED TO PROPOSED VALLEY HIGH SCHOOL COMMUNITY GYMNASIUM 7:36 p.m. 7.1 (600-40) Parks & Community Services Director Ix>wart presented the Staff Report and advised that as directed by the City Council, a draft agreement had been prepared for consideration by the City Council outlining the responsibilities of both the School District and the City related to a new community gymnasium to be built at Valley High School. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 472 Ms. Lowart explained that the agreement will be in effect for a period of 10 years with an option to renew for 2 additional 5 year increments. For the first 3 years of the agreement, an annual review will be undertaken; after 3 years, a biennial review will be undertaken. Additionally, the agreement contains a provisions that allows either party to terminate the agreement by providing one year's written notice to the other party. Ms. Lowart stated the draft agreement had been reviewed by the City/District Liaison Committee. If the terms of the agreement are acceptable to the City Council, Staff suggested that the Council direct Staff to schedule a joint meeting with the Dublin Unified School District Board of Trustees for the purpose of approving the agreement. A letter from DUSD was distributed which listed several minor proposed amendments. The School District suggested October 11, for a joint meeting, however, several Councilmembers will not be available on that date. Staff suggested October 18, but the Council indicated that date was also unworkable. Cm. Burton asked under the terms of the agreement who will select the supervision. Ms. Lowart stated people would be hired by the City. Cm. Burton asked what happens when one or the other wants to quit. He questioned why was this thrown into the agreement. Mayor Houston stated basically it was put in as a result of a desire for maximum flexibility on the School District side. He did not feel this would ever be exercised. They just went along with this as they felt it would never be applicable. In the short term they just desired flexibility. The threat is not that bad. Cm. Barnes stated the School Board and the City Council are both responsible to 26,000 people; the same people. The decision is going to be made by the residents. The School District just happens to have the budget to do one thing and we have the budget to do another. This was the rationale. Cm. Moffatt reminded everyone that it was during his term as Mayor that we got into sharing facilities and he is very much in favor of this concept. The original estimated capital cost was upped to about $2 million and perhaps the School District might need this money to refurbish schools in light of the east Dublin development. He was concerned that things might change. Ms. Lowart stated the agreement will not be effective until signed by both parties. She explained the expanded cost was to make the facility available to the community. Cm. Moffatt asked about the use of volunteers. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 473 Ms. Ix>wart stated the City will provide supervision during times of City or community use. It doesn't necessarily have to be a paid person. There could be volunteers. Initially, she anticipated a paid City staff person there at all times. Cm. Moffatt noted there was no cap on the maintenance and repair of the building. This is like a blank check. Do we have the ability to go out and get our repairs done if we disagree? Ms. Ix>wart stated the School District would provide day-to-day maintenance and it will be reviewed on an annual basis. With regard to the City doing it on its own, this would be maintenance on things that might break costing over $500. The City could arrange the repair. Ms. Lowart stated the revenue that could be generated is not reflected in the numbers. Cm. Moffatt asked about vandalism that occurs during school hours. Are we responsible? Ms. Lowart responded no. Cm. Moffatt asked about a projected opening date. Ms. Ix>wart replied that even though the School District felt uncomfortable with publicizing this, the best case scenario would be that it would open in the Fall of 1997. Cm. Moffatt asked if we had resolved the parking issue. Ms. Ix>wart stated the liaison committee felt comfortable with the redesigned parking. Cm. Moffatt asked if the School District has a right to collect fees. Ms. Lowart stated they would be able to charge fees for uses they may come up with. Cm. Moffatt expressed concern that successors will be bound by this agreement and the burden will be put on future City Councils. MS. Ix>wart stated this is typical with most agreements. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council approved the drafted agreement and directed Staff to schedule a joint meeting with the School District. The Council advised that October 11 is not a workable date. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 474 Staff advised that the School District Board meets the first and third Wednesday of the month. Cm. Barnes stated her preference for their first meeting in November. Mayor Houston asked when they could approve the agreement. Mr. Ambrose stated some changes and clarifications needed to be made to the document. Mayor Houston felt they had talked this thing to death. He suggested that they just get on with it rather than waiting until mid-November.. He felt they shouldn't have to wait another month. Scheduling this would be just a 5 minute meeting. Cm. Moffatt felt that with any agreement such as this there needs to be a meeting of the minds. They might want to make some changes. He did not feel they would accept the contract as it is drafted. The City Attorney needs to work out some language. Ms. Lowart pointed out that the School District has not yet provided the City with Exhibit A yet. She stated Staff could be prepared to have it ready for the City Council's next meeting. Cm. Moffatt felt from a protocol standpoint there should be a joint meeting. Cm. Burton stated he would feel a lot more comfortable having some kind of a meeting with both groups. Someone might say they didn't agree to something down the road, but if they're all together, this probably wouldn't happen. Mayor Houston suggested that it be ready for City Council adoption at their next meeting. Then, if there is an accepted date, the City Council can either table or adopt the agreement and get on with it. Cm. Moffatt stated he wanted to see them approve it and there should be a joint meeting. It's bad business not getting together with the other party. Consensus was to have a final agreement presented at the next City Council meeting. Mr. Ambrose asked for some alternative dates for the joint meeting. November 1 is the first Wednesday and Staff was directed to see if this date works for the joint meeting. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 475 REVISION OF MULTI-HAZARD FUNCTIONAL PLAN FOR COMPLIANCE WITH STANDARDIZED EMERGENCY MANAGEMENT SYSTEM GUIDELINES 8:03 p.m. 8.1 (520~30) Community Safety Assistant Macias presented the Staff Report and advised that the City Council recently adopted the State of California's Standardized Emergency Management System (SEMS) guidelines as the framework for the City's emergency planning and response efforts. In accordance with the SEMS guidelines, the City should also have in place two operational plans; a Multi~Hazard Functional Plan which serves as a master emergency plan, and an Emergency Management Operations Plan, which functions as a local government procedures manual. Cm. Burton commented that we have continuity of government and on page 57, he asked what if there was a major catastrophe and many people might be out of town or incapacitated. The City Council has to assemble to make decisions. He thought the Planning Commission would be the second echelon or next authoritative body if the City Council is not available. The next group would be the Parks & Community Services Commission and then the Business Task Force. Mr. Ambrose stated this is an area where the City Council has an option. They would do this separately by resolution. The Government Code contains some suggestions, but this would be a separate action. Cm. Burton asked how they would start the process. Ms. Silver referenced Government Code Sections 8557 and 8636 and stated they would designate 3 standby offiCers for each of the City Council positions. The Government Code specifies what should be considered. For local government, the State has determined that there can be 3 standby officers. Positions could be designated by office number rather than by name. Mr. Ambrose Stated if the City Council wants to do this, Staff can bring it back. The names can be changed on an ongoing basis. Mayor Houston felt they should appoint one or two alternates for each position. Consensus was to start with one person per position initially. Cm. Burton commented he thought Ms. Macias had done a good job. This is serious business in the event of an emergency. Cm. Moffatt felt Ms. Macias did a fantastic job. This represents a lot of work. When a decision is made by the City Council there needs to be 3 people. On page A-72, he pointed out that the media phone numbers are wrong. Also, there is a blank spot for CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 476 translators. PacBell or AT&T might be sources to look at for translators. Everybody in the world doesn't speak English yet. He questioned the meaning of prisoners. Ms. Macias stated if we have anybody in custody, we would have to manage those prisoners. The other facilities in the area should also have emergency procedures in place. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Howard absent), the Council adopted RESOLUTION NO. 116 - 95 ADOPTING A MULTI-HAZARD FUNCTIONAL PLAN UTILITY UNDERGROUNDING PRIORITIES 8:20 p.m. 8.2 (1020-30) Public Works Director Thompson stated this item reviews priorities for utility undergrounding which were adopted in 1983 and requests that the City Council provide direction regarding any updates to the project list. The priorities as set by the Council in 1985 were: Dublin Boulevard ~ I~GS0 to Clark Avenue Dublin Boulevard ~ Clark Avenue to Sierra Court Dublin Boulevard ~ Sierra Court to Dublin Court Dublin Boulevard ~ San Ramon Road to Silvergate Drive Dublin Court Dougherty Road ~ Dublin Boulevard to SPRR (includes Dublin Boulevard from Dublin Court to Dougherty Road) Village Parkway - Dublin Boulevard to Amador Valley Boulevard Village Parkway north of Amador Valley Boulevard Amador Valley Boulevard ~ Village Parkway to Stagecoach Road San Ramon Road - Amador Valley Boulevard to Alcosta Boulevard Mr. Thompson stated the City currently has a $20,000 balance in its PUC (Public Utilities Commission) Rule 20A account and will accrue additional funds at the rate of about $95,000 per year beginning in 1995. Mr. Thompson showed slides of the areas on the projects list. Mr. Thompson stated some road improvements projects on Dublin Boulevard could be incorporated with an undergrounding project. Second would be the widening of Dublin Boulevard to Clark Avenue. Cm. Moffatt asked if areas of new development would be all underground. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 477 Mr. Thompson stated all new development would be underground. Cm. Moffatt commented that the project has insufficient funds and hasn't been scheduled for any undergrounding. Mr. Thompson stated it is kind of tough to think 10 years ahead. Cm. Moffatt felt that since traffic on Dublin Boulevard is going to be so horrendous, he asked if they will have to do this. He asked if the area on Dublin Boulevard from Sierra Court to Dougherty Road will create a bottleneck. Mr. Thompson explained that there may be some additional ISTEA money in the future. Eventually we are going to have to widen this. Most of east Dublin will be more than 5 years out. Mr. Ambrose explained that the project will be done in phases. Cm. Moffatt questioned if residents will have to pay along Village Parkway. Mr. Thompson wasn't sure we could actually underground to their houses. Cm. Burton felt when the streets are torn up the conduit should be put in, even if we can't put the wiring in and hook up. Is this reasonable to suggest? Mr. Thompson explained that PG&E might have a problem with this. They want to make a project of it. The City may have to pay if we do this even though it may make sense. Steve Debacker with PG&E commented he is not managing this project. In order to spend the money, the City must pass an ordinance and it needs a date when the underground district and assorted items are to be completed. He concurred if we are going to tear up the street it makes sense to put the conduit in. This doesn't guarantee that they won't need to tear up the street in the future, however. Things change. Hopefully, they could at least get the crossings in. Mr. Ambrose asked about the Vaults. These are fairly expensive to put in. Mr. Debacker stated the large ones cost about $5,000 each. They would work with City Staff, Pacific Bell and Cable TV to establish the dates for service conversions in the ordinance. Typical turn around time for projects of this type are about a 1 year start up time. In summary, he felt the project was doable, even though he is not the one to make the final decision. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 478 Mr. Thompson stated ordinances had been passed allowing this to be done. We've done it 3 times already. Staff would pull out the old ordinances and review them. On the stretch from 1-680 to Clark Avenue, it's not that much extra expense to put in conduit. Cm. Moffatt expressed concern that he didn't want to put in a sidewalk and then dig it up a year later. Mr. Ambrose stated the question is if the Rule 20A funds can be used. Cm. Burton proposed to instruct Staff to use what money we have to install where practical, conduit in the widening of Dublin Boulevard to the extent the money will go. This is just to get the conduit in the ground whether or not you put a vault in. Mr. Ambrose reviewed the estimated cost of the entire project and stated it is financially possible to do the entire thing. He asked if this was the City Council's highest priority. Cm. Barnes felt she was hearing two different things. Project 1 is Dublin Boulevard, from I~680 to Clark Avenue. Mr. Thompson felt they were referencing where we are widening the street. There's no other project underway. The City Council can direct this as their number one priority. We have enough money for item number one. Mr. Debacker commented about the turn around time being approximately I year, so if they include undergrounding work for the first one it will probably interfere with the current work. Any additional work requiring design time would still require an ordinance, public notices, etc. He was talking about the area between Wendy's and the freeway. Mr. Thompson stated this was understood. Cm. Burton felt PG&E should do what they can. Cm. Moffatt commented related to the Dublin Coordinating Committee. Mr. Thompson stated he is on this committee along with representatives from other agencies and they meet once a month. Cm. Moffatt asked if there are any public people on the committee, i.e., Chamber of Commerce. Mr. Thompson stated this was started as a coordination effort. Cm. Moffatt felt there should be a couple of members of the public on this committee. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26~ 1995 Page 479 On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Howard absent), the Council reviewed the underground utility projects and accepted the priority list as presented. Included in the motion was a statement that we should try to put in conduit where we can. Staff was directed to determine how we can use the Rule 20A funds available and come back to the City Council with a report on this. RESOLUTION ADOPTING ENGLISH AS THE OFFICIAL STANDARD LANGUAGE 8:55 p.m. 8.3 (610-20) Cm. Burton stated he requested that the City Council make a declaration that English should be the official standard language in the City of Dublin A copy of HR 739 discussed the federal regulations which would be revised. Cm. Burton stated he was proud to bring this up and a lot of people called him supporting this. In the world today, there are many issues/battles based on two groups of people that don't understand each other. Part of the problem is they aren't able to communicate. Dublin will not make a big difference, but a simple statement that the City should have English as its official language would be a start. This has nothing to do with how people speak to each other. Some cities have enclaves of different speaking groups and there are problems. A faxed letter was received by the City this afternoon and copies were provided to the Council. "September 34 1995 Dear Mayor Houston: I am writing to express my opinion to you and the Dublin City Council regarding an item on the agenda for this evenings Council meeting. Unfortunately~ I am unable to attend the Council meeting~ but I am requesting that this letter be made part of the public comment section of the agenda and rellected in the minutes of the meeting. I strongly oppose any effort to designate the City of Dublin as an "English only" City. Such a statement sends the clear message to the citizens of the City, that unless you speak English, you are not welcomed in this town[ What this resolution clearly conveys to the community is that if you are different~ you are inferior. That is an insult to ail the citizens of this community. It portrays an attitude of racism that is simply unacceptable in a multiracial and multiethnic community. Instead of loola'ng for ways to bring the community closer together, particularly at this time, the mere consideration of this item intTames the passions of the citizens and appeals to people's worst fears and prejudices. Not only do I urge you to vote .. v , I hope the Council will remove this item from consideration and get down to the business for which it was elected. Sincerely, Steven A. Harman 114 74 Winding Trail Place Dublin, CA 94568" Maxine Jennings, 11717 Silvergate Drive, stated she has lived there over 30 years. She thanked each of the Councilmembers for speaking with her today. The purpose of her coming tonight was to help her understand the focus, the meaning, and what the City is trying to do. There are no fiscal responsibilities in that the City has not received CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 480 numerous requests for things to be submitted in languages other than English. Is this a compliance issue? It appears that this is redundant if the State already has this. She understood there will be some things coming up in Congress. If this is the case, we may be premature. Why at this time? What is the message we are sending7 She requested that the City Council not rush to resolution. She contacted surrounding cities. She spoke with the City Clerks and they have never passed a resolution of this type. We don't have to necessarily follow other cities, but do we want this to be our message? Cm. Moffatt stated he felt it was redundant and he saw no reason for a resolution in the City. It's just one more resolution to turn away business in the area and what good will it do7 Will it enhance Dublin's image or be a detriment? Cm. Burton stated he wasn't trying to make English the only language spoken in Dublin. This is the City's official medium. Is there another language for us to use? He sees diversity splitting the Country in different ways. India has 14 languages and they can't get along. Yugoslavia, Quebec, etc. were also referenced. A common language helps keep a country together. This is just an official language for the City to conduct business. Resolutions are adopted for everything else. Cm. Moffatt stated in 1776 the new Congress passed a resolution that English should be the official language of the land. He saw no reason why the City of Dublin thinks it is necessary to mandate that English only is used. Someone couldn't fill out a permit form or address the City Council except in English. At the present time, it is only English, so why is this necessary? Rajan Choudri stated he has a business in Dublin. He is originally from India. Diversity brings people together. Only those who are self centered are not interested in diversity. He speaks English because it is such a common language in the world. Diversity does not split people. He stated his business has been ransacked twice this year and he wanted to know what the City will do to protect people here? Mayor Houston requested that they only deal with the issue of the resolution at this time. He stated the City Council would allow him to speak on the other topic at the end of the meeting. Mayor Houston felt typically when you have a resolution adopted in support or against a state or federal measure, it is in a form of supporting or opposing. This occurs when the City doesn't have jurisdiction over it. Earlier this year, he was in favor of supporting term limits and on a four to one vote, the City Council supported this. What's lacking is on the face of it, it is very vague and general. He also agreed with Cm. Burton. He thought they were looking to support or oppose the federal legislation in the hopper. He had language faxed to the City last week while he was in Washington, D.C. The bill is very specific. One, if you are sworn in as a citizen, you are sworn in in English. He was appalled to learn that this is not now the case. Schools would be taught in English. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26~ 1995 Page 481 Ballots would contain English only. If we wish to support Congressman Roth's bill, they should consider this. Cm. Barnes stated she was really upset about .this. She was concerned about what kind of message they would be sending. Everyone is opposed to getting too much government in their face. They would be interfering. This resolution sends a message she is not Proud of; if you're different, you're out. It's not a right thing to do. Cm. Burton commented he was surprised that people read this into the resolution. Cm. Barnes felt it would be different if we had a problem in the community. What about the law of the land and the law of the state? California did this in the late 1980's. We seem to talk things to death. This is not strong, and it is not enforceable. Mayor Houston felt HR 739 is trying to make it what it was back in 1776. Cm, Barnes felt there is a hidden agenda in this. One group of people are against everything. Cm. Burton made a motion which was seconded by Mayor Houston to table this issue until all 5 Councilmembers were present. The motion failed due to NO votes cast by Cm.s Barnes and Moffatt. Cm. Burton suggested that they add a paragraph to the resolution recommending support of HR 739. Cm. Burton made a motion which was seconded by Mayor Houston, to adopt a resolution stating the City of Dublin supports HR 739, the English as Official Language Act, and directed Staff to send letters to the appropriate federal representatives. The motion failed due to NO votes cast by Cm.s Barnes and Moffatt. AWARD OF BID- DUBLIN SPORTS GROUNDS RENOVATION PHASE I 9:19 P.M. 8.4 (600-30) Parks & Community Services Director Ix>wart presented the Staff Report and explained that the low bid received for Phase I of the Sports GroUnds Renovation project, Contract 95-05, including two recommended alternates and a 10% contingency, exceeds funds budgeted for construction by .$66,156. An additional appropriation of $13,015 is also needed to pay design costs which were budgeted in FY 1994-95 but incurred in FY 1995-96. An additional appropriation of $79,171 from the Parkland In-Lieu Fee Fund Reserve is needed to award the contract with Alternates 1 and 2 and to pay the design costs in the current fiscal year. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 482 The architect feels this project has exceeded the original budget because the project is now being phased and requires more grading than would have been necessary in a larger project. Cm. Moffatt asked about the contingency fees. What happens to this money after the project is done? Ms. Lowart stated it goes back into the park dedication fund if it is not spent. Mr. AmbrOse stated there should be sufficient excess funds to pick up this overage. Cm. Moffatt asked how much money is in the park dedication fund. Mr. Ambrose stated $39,000. In addition, the Donlon Canyon people will be paying their fees in the near future. They should final their map before the end of this calendar year. Cm. Moffatt stated alternate 2 relates to additional irrigation work and with DSRSD changing their water system, he questioned if it wouldn't be wise to wait. Cm. Moffatt stated with regard to the bleachers, the estimate said about $6,000 was needed. The estimates came in higher. He felt this would be a great job for volunteers, or a service club could buy them and put them up. Ms. Lowart stated they just bought 10 new sets of bleachers for the Sports Grounds and no one came forward to pay for them. Cm. Barnes felt cities all too often have a habit of building a house and forgetting to paint it. This would be this sort of planning. She gets really tired of having to carry her own chair to sports events. If you're going to build it, do it right. If some service club does come up with the money, we could save the money for some other project. Mayor Houston felt this is a relatively small amount of money in the overall scheme of things. They should get on with it and move on to other things. Ms. Lowart stated the Dublin Little League has done a lot, but they have other projects ahead of the bleachers. Cm. Moffatt pointed out that alternate 1 and 2 is $50,000, or roughly 1/3 of the total project cost. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council approved the Budget Change form and adopted CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 483 RESOLUTION NO. 117 - 95 AWARDING CONTRACT NO. 95-05 DUBLIN SPORTS GROUNDS RENOVATION, PHASE I TO JENSEN CORPORATION ($167,033) (Including Alternates I and 2) Cm. Moffatt voted against the motion. ORAL COMMUNICATIONS (Reopened) 9:30 p.m. Crime on Business (580~90) Rajan Choudri stated he has a business at 6715 Dublin Boulevard in the MURCO Center. He and wife have owned the business for 5 years. They see vandalism coming to their business. He asked what the City can do to protect him and other businesses. Cm. Moffatt asked about alarm systems. Mr. Choudri stated he installed one in April, 1995 but even with this, they still broke in. It goes to Bay Alarm and they then call the Police. Chief Rose suggested that they get together and discuss this. He stated he would have crime prevention go out and make suggestions to help him. They could also see if this fits in with other crimes occurring in the community. Mayor Houston requested that he meet with Chief Rose. OTHER BUSINESS 9:34 p.m. City Council calendar (610~05) Mr. AmbrOse advised that revised calendars for September and October had been distributed. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 484 City Beautification (530-20) Mr. Ambrose advised that Staff had contacted the property owner on the northwest corner of Amador Valley Boulevard & San Ramon Road related to the sign. He indicated he would give an easement to landscape the area and paint the wall. Upcoming Meeting Reminder (¢ 10-05) Mr. Ambrose reported that on Wednesday, October 18, Cm. Moffatt, Mayor Houston and he were invited to attend a follow-up meeting with David Siebel at 6 p.m. They will meet in Pleasanton. Tri-Valley Council Meeting (140-80) Mr. Ambrose stated Livermore is canceling the next Tri-Valley Council meeting and want to know the Council's availability on November 1, 2 or 30. The Council requested that Staff suggest either the dates of November 2 or 30. Dublin Housing Authority (430-90) Cm. Barnes stated she was very concerned about DHA canceling another meeting. This is supposed to be a body where people who have a need can come and get their needs addressed. She gets lots of notices on why we are always canceling meetings, and felt far too many are canceled. She was quite upset about this, and felt they need to start holding these meetings. Cm. Moffatt agreed that they need to be there to take care of the needs of the people. The Housing Authority has a multitude of problems over there. The Council suggested that the City write a letter to Ms. Basgal. Mayor Houston felt this would be more appropriately discussed when they meet as the Dublin Housing Authority and suggested next time they have a meeting, this be brought up. Cm. Moffatt suggested that the Mayor as Chair of DHA call a meeting. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 485 Mayor Houston said he would call Ophelia Basgal. ABAG Election (140-10) Cm. Moffatt pointed out that ABAG is having an election for president and vice president and stated he had forms available if anyone was interested. When asked if he was running, Cm. Moffatt responded that he was not that involved. Library_ Services (940-60) Cm. Moffatt brought up the subject, as discussed at the East Bay Division of the library system. They are talking about a joint powers arrangement and forming library districts and getting out of the county program. He felt it would be great to get together with Dublin High School with regard to library services. The library situation is getting to a point where the county system is just not working. Cm. Barnes commented that they learned that Contra Costa County is also screaming about the same things we are and they were met with the same resistance we were when it came to discussing the use of volunteers. Mayor Houston asked what we could do to get it going. Cm. Barnes stated she hates to throw the baby out with the bath water. She questioned if we could support a library of our own or even with another city. She would like us to study this. There are several sessions scheduled at the League Conference in October about libraries. Cm. Burton stated the county owns the building and we are paying them back. Mr. Ambrose stated Staff has reviewed the documents and once the bonds are paid off, the county owns the building. The costs of operating our library exceeds revenue because about half of the people served are not residents of our City. Cm. Moffatt advised that he thought Pleasanton was interested in pursuing this. He would be curious to know how much money the County gets to fund our library. If we incorporated Dublin High School, we could bring in some additional funds. Mr. Ambrose indicated Pleasanton feels they are putting out more in property tax than they are getting in service from the library. We sit on the County line and we are serving CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 486 residents other than our own. You cannot look at it on a city by city basis. We're putting out about $600,000 and it is costing them about $1.3 million to run the service. We need to participate actively on the Alameda County Library Commission. Ms. Lowart stated the Alameda County Library Commission has already made the decision to look into a joint powers authority. This doesn't include Contra Costa County or the City of Livermore. Cm. Burton advised that Karen Dyer will be conducting some surveys related to users in the future. Disposition of Cannon (610~20) Cm. Burton asked what the Council felt should be done with the cannon. Cm. Moffatt suggested giving it back to the kids that built it a few years ago. Cm. Burton stated it is in his yard. It has an axle on it that has to be from the turn of the century. It's a real conversation piece. It could be put at the Civic Center near the fountain or it could be put at the Heritage Center. Mayor Houston suggested giving it to the Clampers and they can use it in the St. Patrick's Day parade. Cm. Moffatt felt this was not a situation in which the City should even be involved. City Computer Services (180-1 O) Mayor Houston stated he recently read in the paper and was disappointed in that he wanted Dublin to be the first to be on the Internet. Livermore beat us. They are looking for grants to put Internet in all the libraries. Hopefully Dublin can get on next year. Land Swap (670~20) Mayor Houston reported that while he was back in Washington, D.C., he met with Congressman Baker and they discussed the issue of the land swap. It's being held up because INS is looking for an additional site. The INS people have probably never been to CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 487 this site. We've told them we certainly have enough jails in Dublin and we don't want another one. It's still in conference committee and has not been resolved. Baker's office is working on this and he asked them to keep us informed regarding what's going on. Freeway Improvements (800~ 30) Mayor Houston stated he also met with some people from the Department of Transportation regarding the Hopyard ramp. They assured him that a decision will soon be forthcoming regarding the whole flyover project. CLOSED SESSION 9:56 p.m. 10.1 (640~30) The Council recessed to a closed session to conference with Legal Counsel ~ existing litigation pursuant to Government Code Section 54956.9 subdivision (a): City of Dublin v. John E. Madden, et al., Alameda County Superior Court #V~009574~ 1. ANNOUNCEMENT OF CLOSED SESSION ACTION Mayor Houston announced that no action was taken in the closed session. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:18 p.m. Mayor CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING SEPTEMBER 26, 1995 Page 488