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HomeMy WebLinkAbout04-23-1996 CC Adopted Minutes REGULAR MEETING - April 23, 1996 A regular meeting of the Dublin City Council was held on Tuesday, April 23, 1996, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. ABSENT: None PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PROCLAMATIONS 7:04 p.m. 3.1 (610-50) Mayor Houston read a proclamation declaring May 1, 1996 "Loyalty Day" and urged all individuals to display proudly the Flag of the United States of America and to participate in public patriotic Loyalty Day activities. No one was present to accept the Proclamation. 3.2 (61o~5o) Mayor Houston read a proclamation declaring April 21-27, 1996 "Fraternal Week" and urged citizens to lend their support for the contributions made by the fraternal benefit system. John Avila, representing the Luso American Proclamation, and stated this is the Portuguese American headquartered here in Dublin. They operate in several states. behalf of all fraternal organizations. CONSENT CALENDAR 7:08 p.m. 4.1 through 4.9 On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council took the following actions: Fraternal Organization accepted the Society. They are He accepted this on CITY' COUNCIL MINUTES VOLUME 15 &px'i123, 1996 PAGE 198 Approved (4.1) Minutes of Joint City CoUncil/Planning Commission Study Session Meeting of March 19, 1996. (Cm. Burton commented he Felt the minutes mere well done.) Adopted (4.2 600~30) RESOLUTION NO. 43 - 96 APPROVING AMENDMENT TO THE CONSULTING CONTRACT WITH WPM PLANNING TEAM FOR RESPONSES TO COMMENTS ON THE DRAFT EIR FOR SCHAEFER RANCH authorized the City Manager to execute the $15,750 amendment to the agreement, and approved a $39,945 Budget Change Form amending the Planning-Department Professional Services budget; Adopted (4.3 600~30) RESOLUTION NO. 44 - 96 AWARDING CONTRACT 96-03 ANNUAL STREET SLURRY SEAL PROGRAM TO GRAHAM CONTRACTORS ($36,123.88) and authorized the Mayor to execute the agreement; Received (4.4 320-30) the City Treasurer's Investment Report for the first quarter of 1996 showing the City's investment portfolio at $22,634,236.14, with funds invested at an annual average yield of 5.738%; Accepted (4.5 150-70) a gift of $150 from the Murray Elementary School Parent Faculty Club to be used to purchase extra equipment and games for the Afterschool Recreation Program; directed Staff to prepare a formal acknowledgment to the donor; and approved the Budget Change Form; Accepted (4.7 600~30) the recommendation of the City Council Audit Subcommittee and authorized the Mayor to execute an agreement with Vavrinek, Trine, Day & Co., for audit services for FY1995-96; Received (4.8 330-50) the Financial Report for month ending March, 1996; Approved (4.9 300~40) the Warrant Register in the amount of $717,090.95; Cm. Burton pulled Item 4. G from the Consent Calendar regarding repairs to the sally port and stated it appeared we are throwing $10~000 at this. While there may be a situation he CITY' COUNCIL MINUTES VOLUME. 15 RE(IUI~R MF~TIN6 .~&.l~x"tl 23, 1996 FAGE 199 doesn ~t understan~ he was sure many cities don't have this type of a system. How often do we have criminals that might be running away?. The Council struggles over spending $10~000 many times a year over many different things. Chief Rose stated he felt'we have a tremendous risk by not having the sally port functional. We have a situation where we have to bring inmate prisoners in through the employee's entrance through the back. We jeopardize the safety of employees. We have had occasions where officers have been flipped on their butts and knocked into the walls. There is potential for office personnel and/or citizens to be harmed. We should be able to feel safe in our own building. With the condition the way it is~ this is not the case. Cm. Burton stated most police departments don't have this type of a set up and maybe it is not necessary. Chief Rose stated this is more than a garage door~ and elaborated on the way the sally port operates and functions. Mr. Ambrose stated it is an electronic problem.: The whole building is designed so the security system is electronic. We have tried with our Staff and we simply can't fix it. This renders our holding cells useless. Cm. Moffatt commented that he felt a lawsuit would be more than $I0,000 if we had problems. This is a small amount to pay for the safety of ourpeople. On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the City Council authorized (4.6 200-20) Staff to prepare a purchase order with McMillan Technology for the repair of the Civic Center Sally Port; and approved Budget Change Form for additional appropriation of $6,924 from unallocated reserves to the Building Management Operating Budget. (The total estimated cost for evaluation and repair is $10,424.) WRITFEN COMMUNICATIONS ~ PROPOSED CAMP PARKS SOCCER FIELD 7:16 p.m. 5.1 (950-60) Parks & Community Services Director Lowart stated the Dublin United Soccer League (DUSL), plans to develop soccer fields on approximately 20 acres of Camp Parks land over the next 3 to 5 years. The first phase of the project is scheduled to begin in May of 1996, and consists of development of one regulation-sized soccer field using approximately two acres of the available land. The estimated cost of the field will be approximately $35,000. DUSL has secured $15,000 in funding for the project and is requesting that the City fund the balance of $20,000. It is the intent of DUSL to mount a capital funding campaign to raise the additional funds needed to complete the build- out of the 20 acres. At this time, DUSL does not anticipate that the City of Dublin would be asked to contribute additional funds to the project. CIT~ COUNCIL MINUTES VOLUME 15 RE(iULAR MF.:ETIN(i Apr1123, 1996 PAGE 200 Ms. Lowart discussed Staffs concerns which related to the project schedule and the agreement between Camp Parks and DUSL. Although Staff understands that the Army's first allegiance is to the reserve units who occupy the base, the City has a responsibility to its citizens to insure that funds are expended in a responsible manner. Ms. Lowart stated if the City Council is supportive of this request, Staff should be directed to assist DUSE in negotiating an agreement with the Army which would address the areas of concern and protect the interests of both the City and DUSL. An additional appropriation from the Unappropriated Reserves will be necessary should the project be approved. Cm. Burton asked if the Army would getto use the fields as well. Would there be some scheduling guarantees? Ms. Ix>wart stated yes, and to a certain degree we would want to give some preference to the soccer league. Mr. Ambrose stated the MOU is fairly vague with respect to maintenance issues. If we put Sl[0,000 into a facility we want to make sure it is protected from a maintenance standpoint. These are important issues and we need to go in with our eyes open. Eric Swalwell, President of DUSL stated anything the City can offer to solve the problems will definitely be appreciated. He gave background information on the project. They want to present a project that can benefit all the people of Dublin. The City's contribution will help maintain existing fields. Adib Nassar made a presentation covering: Project Scope, Current Situation, The Problem, The Opportunity, Additional Benefits, Phases of the Project, Phase 1 ~ Cost Estimate, Schedule of Expenditures & Funding, Phase 1 ~ Project Timeline, and The Request. He displayed a map showing the location where they will start. DUSL will install the fields and Camp Parks will maintain the fields. They hope to have opening day on September 7, 1996. Cm. Burton asked if there will be a limitation regarding who else can use the field. Mr. Nassar stated bulk of games are from August through December, but they need practice time also. If the fields are available, they could be used by others. Cm. Burton stated he did not want to get into exclusive arrangements with one group. Mr. Nassar stated it is everybody's dream to have a soccer complex here in Dublin, and their attitude is if it's available, why not let others use it. CIT~ COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 April 23, 1996 PAGE 201 Cm. Moffatt asked if DUSL is part of CYSA. Mr. Nassar stated yes it is. Cm. Moffatt asked what percentage of the kids using the field will be from Dublin. Mr. Nassar stated other leagues will be playing against us. About 1 to 3% of the games are A1 Caffodio. Mr. Swalwell stated the idea is our 16 to 19 year olds would be using the facility because of safety factors. They would like to keep the younger ones, 14 to 16 in a more controlled facility at the Dublin Sports Grounds. About 95% would be Dublin users. Colonel Bain offered some technical information. DOD offers private organizations to obtain a permit or lease or license to utilize government property. This is a lengthy process. It has to go up the chain of command. If you are looking at a long range plan, he would recommend this type. There is a short range plan that allows the local commander to enter into a local private organization arrangement and work up a MOA where the group serves as an adjunct to the Army's recreational activities. The Army will abide with a schedule for use. There were conflicts in the past because there were no official schedules. Coordination to come up with the schedule is a critical part of the MOA and would have to be signed off by all parties concerned. The Army is in the process of doing major construction at Camp Parks. The area in questions has no plans for other development within the next 20 years. The soccer league would be responsible for laying out the fields and then the Army would maintain them. They would keep them cut, repair the irrigation systems and keep them eligible to be used. He stated he had not spoken with Mr. Nassar about the snackbars, but these would have to be run by the Army. If we look at a long range plan, his recommendation would be to consider a lease or license or permit. If we look at a 5 year plan to get started, a local commander can sign a MOA. Mayor Houston asked if this is common in other areas. Colonel Bain stated it is very common. This is the reason the Army put together a regulation for this. Mayor Houston asked for clarification that right now there is no 20 year plan for this area. Cm. Moffatt discussed short range versus long range plan. Bain stated most licenses and/or permits are looked at every 2 years. CITY* COUNCIL MINUTES ~/OLUME 15 RE(iULAR MEETIN(I April 23, 1996 PAGE 202 Cm. Moffatt asked about the water costs and sewage costs and fertilizer costs. Colonel Bain replied yes to the first two, but they would not provide fertilizer. Cm. Moffatt asked if an EIR would be required. Colonel Bain stated they have an environmental assessment on this property. Cm. Moffatt asked about the owls and if they are on any list to be saved. Colonel Bain stated they are on a protected list, but not endangered list. You can move these little critters to another burrow. Their diet consists of seeds and grain. Cm. Howard asked if a new commander could terminate this lease. Colonel Bain replied no, you negotiate with the Army Corps of Engineers. Mayor Houston felt this seems more lengthy so he questioned if we should look at this in tandem. We have a window of opportunity but at the same time should we apply for a longer situation. Colonel Bain stated his recommendation would be to go with Phase I with a MOA and then start working on a license or permit for the other phases. This agreement is not with him, but rather with the Army. Mayor Houston felt if we go through the process and it's not ready by September, he would not want the soccer groups to use it. We don't want to damage it and have to reseed immediately. We do, however, have to start sometime. He urged them to not start the scheduling for this next season. He would like the City to be involved with the agreement. This project is needed because at this time, we have no alternatives. When East Dublin develops, we will have facilities, but we don't right now. Cm. Burton stated there is a supposition that the other $15,000 will be donated. He asked what happens if they don't get this money. Mr. Swalwell stated they currently have $10,000 available and they are working with companies to get the other funds. Cm. Burton felt they may have to defer a season if they run short. He asked if they would be willing to waive starting in the Fall and going to the next year? Mr. Swalwell stated if the fields are not ready for appropriate use, they would not want to use the fields. CITY' COUNCIL IdlNUTF. S VOLUME 15 RE(IULAR MEETIN~ Apx'-:[]. '"~, ]-996 PAGE 203 Mayor Houston felt the onus is on the organization to make sure the funds are available. Cm. Burton asked if they were counting on getting a booth for'fireworks sales. Mr. Swalwell stated they could dip into their funds to guarantee that Phase I could go forward. Cm. Moffatt asked if this had gone before the Parks & Community Services Commission. Ms. Lowart stated there was not time, but as part of the Commission's Goals & Objectives, they did approve the City working with Camp Parks to establish soccer fields. Cm. Moffatt asked if the City funding would come in phases or one fell swoop. Ms. Lowart felt we would probably write out a check at the appropriate time. Given the time frame it might be easier to have an agreement and give them the funds. Cm. Moffatt asked if under a worse case scenario we could prorate this in any way. He felt this could be a 10 to 20 year project. If it falls through in a year or two, could we get 80% of our money back? Ms. Ix>wart stated right now, we do not have an agreement with the DUSL or the Army and Staff would look for direction from the City Council. Cm. Moffatt felt all the agreements would probably take about 2 years knowing how fast government moves. Mayor Houston felt the obligation on the City would be irrigation. We could finance this from our unallocated reserves for this year and at budget time we may want to figure out where we take this from. We can work on this. The improvements will be in the ground and we can't get it back. It's crucial for the City to be involved right up front. Cm. Burton discussed the possibly of the agreement being with the City instead of the soccer league. This might be an advantage and then we could tie in the soccer league. They are the one thing that may not be here in 5 years. The City might be in a better position to carry the agreement with the Army. He complimented the way the citizens came prepared with their presentation and stated he was very pleased. CITY" GOUNGIL ~IIN~ ~OLUMt~ ! 5 RK~ULAR MEETIN~ AprAl ~23~ 1996 PAGE 204 Cm. Burton made a motion which was seconded by Cm. Howard, that the Council instruct that funding be provided from unallocated reserves and that the agreement is to be between the City and the Army with the soccer league as a participant as long as they meet their obligations. Cm. Moffatt offered an addendum to the motion that the City first gets into a MOA through Staff that we are happy with. A MOU is very important and he would like to see phasing. We should go with a short term lease with concept of going to a long term lease but it has to be with satisfaction of Staff. Mayor Houston felt we could work on both in tandem. Cm. Moffatt felt we have to at least have a MOU in place. Mr. Ambrose stated DUSL is only asking for a contribution for the first phase. The City would be a contributor and the City would have no liability because it is not our facility. They have not asked the City for funding for the additional phases. Does the City Council want to participate in just the first phase or do we want to assume a license and if we do, we have to assume some liability in the future. We need to look at the bigger picture. Mayor Houston stated the soccer people will be looking for other sources of funding. If we could get this license for 30 years, this may be something we want to pursue. What a big benefit this would be. Mr. Ambrose asked if Staff should execute the MOU or if it should be brought back to the City Council. The City Council agreed that it be between Mr. Ambrose, Ms. Lowart and Colonel Bain. Mr. Ambrose felt the City should give them indication when the fields are ready to be played on. Staff would also work to commence a long term license. Cm. Burton stated he would expect that Phase I City money would be separate because we may not have any involvement in other fields. Ms. Ix>wart stated the soccer league also want to sit down with the City and discuss the overall master plan for the site. Cm. Burton suggested that the City stay involved and be the principal negotiators with the Army and the soccer people have an agreement with the City. If the soccer league moves out, we can have the field. CIT~r COUNCIL MINUTES VOLUME 15 RE(IULAR MEETINtl lpx~t123, 1996 PAGE 205 Cm. Moffatt stated he would like to get the P&CS Commission involved as it seems they have been bypassed. Ms. Lowart stated DUSL wanted to go directly to the City Council. In future phases, they would open up discussions earlier. Mayor Houston stated he would like to amend the motion that the MOU must be in place and then direct Staff to work with Army to investigate a long term situation. Cm. Burton felt the primary agreement at this stage should be between the City and the Army, and if the soccer league decides they want to move out, we haven't lost out. Mr. Ambrose stated the MOU could be written so that if one party drops out, it,s clarified that the City is not initially responsible for maintenance. Ms. Silver stated youth soccer would have an agreement to use the field, but in order to protect the City's agreement, the City could step in. Mayor Houston restated the motion: funding is to be provided from unallocated reserves and a MOU must be in place for Phase I and Staff should work with the Army to investigate a long term situation. Cm, Burton agreed to the motion, and Cm. Howard who seconded the motion also said okay. Cm. Moffatt asked if it will be spelled out regarding who does the scheduling. He also asked about fees for field use. Ms. Ix>wart stated the City will not do the scheduling for the first phase. Field use fees will be negotiated by Colonel Bain. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council approved the request with $20,000 in funding to be provided from unallocated reserves. AMOU must be in place for Phase I. Staff was directed to work with the Army to investigate a long term situation. WRITFEN COMMUNICATIONS-REQUEST FROM AMERICAN CANCER SOCIETY (ACS) FOR WAIVER OF USE FEES FOR THE REGIONAL MEETING ROOM 8:19 p.m. 5.2 (200-10) Parks & Community Services Director Lowart stated the City had received a request from Liz Schmitt, President of the Tri-Valley Unit of the ACS, requesting that use fees be waived for their annual volunteer recognition and award dinner to be held on ClT~ COUNCIL MINUTE~ VOLU~E 15 RE~UI.~R MF~TIN~ April 28, 1996 PAGE 2O6 May 31, 1996. The estimated lost fee revenue would be $120. In the past, the City Council has granted fee waivers to the Valley Volunteer Center, the Dublin Sister City Association and the Dublin Fine Arts Foundation. Ms. Lowart stated if the fee waiver is approved, Staff recommended that the Tri~Valley Unit of the ACS be required to put forth the Security Deposit as well as provide a Certificate of Liability Insurance. Cm. Moffatt felt this is a great way to show community pride and allow them to utilize the building at no cost. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Cm. Howard abstained), the Council approved the fee waiver request of the Tri~Valley Unit of the American Cancer Society, but required a Security Deposit and a Certificate of Liability Insurance. Cm. Howard stated they are working with a zero budget, so anyone who wants to donate, they will gladly accept. CAMPAIGN CONTRIBUTION LIMITATIONS 8:22 p,m. 8.1 (630-40) City Attorney Silver stated in accordance with Council direction, Staff had prePared a report to enable the City Council to discuss campaign contribution reform. The City's existing ordinance, which was last amended in 1993 limits contributions to $1,000 with respect to a single election. Expenditure limitations are subject to strict scrutiny and will be upheld only if they are narrowly tailored to serve a compelling state interest. The United States Supreme Court held in the case of Buckley vs. Valeo that it is unconstitutional to limit a candidate's personal expenditures as this is viewed as a restraint on Constitutionally-protected rights of expression and association. Spending limits are thus not valid unless they are tied to the receipt of public funds. Cm. Moffatt clarified that in our case one could expend personal monies up to $100,000 if he wanted to. Cm. Barnes stated her concerns were how much we are spending in elections. We have 12,116 registered voters in this community, and 7,840 total housing units. She was concerned about everything being illegal when a neighboring city has a 50 cents limit per registered voter that can be spent. We seem to be placing our emphasis in the wrong area. Something is wrong when we spend thousands and thousands of dollars to get elected. CITY' COUNCIL MINUTES VOLUME 15 RK(IULAR MEETIN(i Apx~fl 23, 1996 PAGE 207 Cm. Howard asked if when they get the contributions, they can keep their fund open as long as they declare they are running again. A discussion was held with regard to the process of establishing and terminating committees and what funds can be used for. Cm. Barnes clarified that we cannot regulate how the money is spent. Cm. Moffatt stated he understood that you can't put a limit on spending. Cm. Barnes felt if this is the case, we should look at San Ramon's ordinance. Ms. Silver suggested continuing this item in order to give Staff a chance to review other cities' ordinances. Tom Schweser, 11576 Manzanita Lane, agreed with Cm. Barnes that there should be a spending limit but if the Supreme Court says you can't, then we can't. He has lived here for over 30 years. He had a little to do with Dublin becoming a City. He was chair of the LAFCO commission when it was formed. He stated he was disappointed that there can't be a limit. It's ridiculous to spend great sums of money for a small town like this. This should be an opportunity for people that want to try to run for Council or Mayor and they shouldn't have to spend exorbitant amounts of money to get elected. They should go out and meet the people and ring doorbells and don't spend a lot of money and don't send out a lot of mailers. Janet Lockhart 7840 Creekside Drive stated as someone who is going to take out papers to run for City Council this November, she has a concern about this City Council setting a limit on what future people will do. In today's rate of exchange, if we set a limit that she couldn't send out a mailer, this would not be right. These 5 people have regular access to the press. Other people in the community do not have this access. They may need to utilize signs, mailings, fund-raisers, etc., to get out and make the contact. We should not discourage others from doing this. This should be an individual decision. A1 Hunter 7994 Jade Circle stated he worked on the last election and he felt what Cm. Barnes was saying is true. Per voter for the Mayoral election we are looking at almost $4 per vote. This is obscene. If you look at the amount of money that came in from outside the City, he has a problem with somebody trying to influence a City who doesn't live in and vote in the City of Dublin. He has mixed feelings about contribution amounts, but we may need to look at where the contributions come from. He would love to see a law saying no one could contribute unless they live in, work in or own a business in Dublin. The incumbents have an advantage in that their duties CITY' COUNCIL RE{IULhR MFJ!TINtt PAGE 208 expand beyond the city and they have advantages for developing campaign money. He would hope to see the $4 per vote go down. Leslie Roe 7147 Hansen Drive stated what Ms. Silver said about constitutionality is important. Government shouldn't have a right to say how much she can contribute. She had a problem with saying ethics are correlated with amount. This is wrong. People should be able to get honest open views published. Government should not regulate. Bob Fasulkey, Topaz Circle, stated he is also thinking of running for City Council, and like Ms. Lockhart, he had similar feelings. David Bewly, 11166 Brittany Lane, felt campaign contribution limits do make sense. Central focus is we are dealing with City government and this is the purest form of government in the USA. This doesn't exist at the State and Federal level. Constituents can communicate with the elected officials and this process of democracy is what it's all about. Limits should be used to further this process. Unlimited spending can be a danger to this process. Free speech ~ this is not what a contribution is. A contribution is monetary support of an individual. In local government, some type of limitation is healthy. We need to have a fair playing field. Ms. Silver clarified the Buckley vs. Valeo case. It dealt with both contributions and expenditures. She pointed out that Staff has the most recent ordinances from San Ramon, Livermore and Pleasanton. She stated she could review this and bring it back at the next City Council meeting. Cm. Barnes stated she doesn't want to hear people say they can't afford to run because of the kind of money needed. She personally refuses to accept large amounts of money. Someone shouldn't say they can do a good job but they have to turn it down because of the money. Cm. Howard asked if it is legal to limit the money to people that live and work in Dublin. Ms. Silver felt this probably wasn't legal, but she could research it. Mayor Houston stated his parents live in Pleasanton. There shouldn't be any reason why they can't contribute to his campaign. Cm. Burton stated he understood Cm. Barnes' concerns, but in real life, you get into a position where people may have to resort to mailings. It isn't easy and if you put limits on people, you get committees spending money on behalf of candidates. We started ClT~ COUNCIL MINUTES VOLUME. 15 RE6UI~R MEETIN6 Apx*'t123, 1996 out pretty small, but not everybody can spend the time calling on people at their homes every day. It's an academic question as to whether we can even do this. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the issue was tabled. TERM LIMITS FOR COUNCILMEMBERS AND/OR MAYOR 8:53 p.m. 8.2 (610-20) Mayor Houston stated he threw out the idea and suggested a limit of 8 years. This would be 8 consecutive years. This is a great idea and he would like to see it on the ballot. During the City Council's 1996 Goals & Objectives meeting in February, the Council requested that Staff prepare a report on Council term limits. SB 2 became effective January 1, 1996, and authorizes the City Council or residents of the City to propose, by initiative, an ordinance limiting the number of terms a member of the Council may serve or the number of terms an elected Mayor may serve. Both a Council-sponsored initiative and a citizen-sponsored initiative must be approved by the majority of the voters voting to be effective and shall be effective prospectively only. If the Council wished to proceed with a Council-sponsored initiative, it would need to determine the number of terms that a Councilmember would be limited to serving and the number of terms the Mayor would be limited to serving and then direct Staff to prepare the necessary documentation in order to meet the timeline established by the Registrar of Voters to get the issue on the November, 1996 ballot. Ms. Silver explained that a limitation has to be number of terms, not years. You can limit consecutive terms or you can say limit to 2 terms (lifetime). A third issue would be limitation of terms for Councilmember or Mayor. Mayor Houston clarified that this would apply prospectively and so it would not even start until the election following the passage of this. Ms. Silver stated the question is if somebody is elected in November and if this passes in November, does this apply to that term. If we want to say it does apply, we would need to address this. It could then be written in the appropriate manner. It is a little ambiguous as to how this would apply and she therefore suggested that the City Council clarify this. Mayor Houston stated he would like it to count immediately; otherwise you would have 12 years. CITY' COUNCIL MIN~ VOLUME 15 RE{IULhR MEETI~(I ll~x"fl 23, 1996 PAGE 210 Cm. Moffatt stated he would like to offer a compromise. We should allow citizens one vote each and citizens have a right to vote for any individual they want to vote for. This eliminates shuffling people involved in City government. We don't go to Washington, D.C. and then come back and spend 10 or 15 minutes talking to people here. They meet and talk to people all the time, at the grocery store, at the gas station, etc. He suggested that we don't need term limits. Cm. Barnes commented on saying years versus terms. She asked what would happen if she were to retire. Would the time of the person filling the term start immediately for term limit purposes? How is a shorter term determined? Ms. Silver stated they would need to address this. She referenced other legislation which says that if less than half the term remains it shouldn't be counted. Cm. Howard felt there might be a problem with running jointly with another City on the DRFA Board. She felt we already have term limits and it's called election. If a majority of the people want to keep someone in office, they should be able to vote to keep them. Cm. Barnes stated she got a lot of calls on this issue. have their say. If they want term limits, let them tell it. sides of the story and then vote. She favored letting the people She felt people will listen to all A1 Hunter discussed how it was pointed out just a few minutes before that campaign contribution expenditures were against the constitution. As a Republican he supported the effort to break up the power groups in Washington. People we couldn't vote for were making decisions impacting us. Congress has since set limits on how long a person can sit on a committee. The same problems exist with the State; mostly controlled by Los Angeles. We don't have districts here, so people can vote for whoever they want. Term limits may have a role in State and Federal elections, but we should not compare Dublin to them. By not allowing people to vote for whoever they want for as many times as they want, isn't this against his rights? David Bewly agreed with Mr. Hunter. Terms limits don't apply to local government. People will probably vote for it more out of cynicism than a real need. This is the level where people speak eyeball to eyeball. This is an inappropriate solution to a problem that has never existed in Dublin. This is an artificial restraint that impedes the democratic process. Do we have a known evil that needs an artificial solution to correct an abuse? Local government works differently than other government. John Anderson, Brittany Lane felt the technical need for term limits has been well received. The perception is that it removes career politicians. People will perceive term limits based on their understanding of state and federal government. At the local CITY*' COUNCIL MINUTE~ VOLUME RI~iUL~R MF.~TIN(i PAGE 2 level, we have individuals offering themselves as candidates and he did not feel the need exists at the local level to have term limits. Another problem we may get into is we may run out of candidates. We shouldn't hamstring ourselves over an issue that is not operational at the local level. Mayor Houston made a motion, which was seconded by Cm. Barnes to have the City Attorney prepare necessary documents to allow 8 consecutive years, using the appropriate number of terms, and have term counted if elected in November and place on the November ballot. Ms. Silver asked if the Council wanted to say if a term is less than half it should not be counted. Cm. Burton felt a person ought to be able to run for Mayor and be on the Council and this shouldn't be a combination and stopping the terms. Mayor Houston felt if someone could be on the Council for 8 years and also Mayor for 8 years, this would be 16 years and this isn't term limits. Cm. Barnes stated she has a lot of faith in the voters. She hoped the remarks stated this evening would be stated to the public. Cm. Howard discussed a possible scenario where the Mayor's position would be up. If you say a Councilmember couldn't run for Mayor and no one else runs for Mayor, what happens? Cm. Burton felt it breaks the continuity of the office. Cm. Barnes suggested allowing 2 terms as Councilmember and 2 terms as Mayor. This would allow a total of 12 years. Cm. Howard asked why Mayor Houston was so worried about term limits. Mayor Houston replied that he believes turnover is vitally important. We should let people vote on it. Cm. Howard said she couldn't go along with this. Cm. Burton made a substitute motion that a person on the City Council could run for Mayor and this breaks the consecutive situation. It's a different job. CITY' COUNCIL MINUTES VOLUME 15 RE{IUI~tR MEETIN{i Ap~'1123~ 1996 PAGE 212 A1 Hunter asked how many years each one had been on the Council. They are trying to make a case where no one except Cm. Moffatt even comes close. He questioned how this would apply since none of them would be affected. Mayor Houston responded that it is obviously in the future. Cm. Barnes has been on the Council since November, 1994. Cm. Burton has been on the Council most recently since November, 1990. He also served a partial term from February, 1982 to October, 1983. Mayor Houston has been on the Council since November, 1992. Cm. Moffatt has been on the Council since February, 1982. Cm. Howard has been on the Council since November, 1990. Cm. Barnes was concerned that she wants to give people a chance to vote, but they can't decide on the number of years. Mayor Houston felt 8 years is adequate and is plenty. It's good to have turnover and encourage turnover. This eliminates the old girl and old boy network of deciding who can be in office. Cm. Moffatt asked if this 8 years would also include someone's ability to go on to another office such as senator. If you go to a different job, you should have the number of terms associated with that job. He felt the job of a Councilmember is different from that of Mayor. The motion was restated. Mayor Houston made a motion, which was seconded by Cm. Barnes, to have the City Attorney prepare the necessary documents to allow term limits of 8 consecutive years, using the appropriate number of terms, and place on the November ballot, and have terms counted if elected in November. This motion was defeated due to NO votes cast by Councilmembers Barnes, Burton, Howard and Moffatt. Cm. Burton made a motion, which was seconded by Cm. Howard to allow 8 years for the position of Mayor and 8 years as a Councilmember, with the exception that less than half a term would not count. If you are on the Council and you run for Mayor, it breaks the continuity, so you could run another 8 years. CITY* COUNGIL MINUTES V'OLUM~ 15 RI~ULAR MEETIN~ April 2~, 1996 PAGE 215 Cm. Moffatt stated his fear is that people will be elected by those who make the most contributions to their campaign. He suggested that this item be tabled until the question of contributions is settled. Cm. Burton stated he felt they weren't related. Cm. Barnes felt they definitely are related. She supported tabling this and stated she Would like to hear from people about whether they want term limits and if so, how many years. She wants to hear from the people of Dublin. On substitute motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council tabled Cm. Button's motion. Cm. Burton voted against the motion. ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY (CMA) BUDGET AND ACTIVITIES 9:32 p.m. 8.3 (1060-90) City Manager Ambrose presented the Staff Report and explained that the CMA was established to oversee the funding of Proposition 111 (additional gas tax monies) to insure that the monies were properly allocated to alleviating traffic congestion within Alameda County. The request of Dublin to the CMA is to keep to its original charge and to not add work programs outside that charge. Cm. Moffatt stated as the City's representative he had brought this up a couple of times. The Board is weighted against us. It,s not a situation of one person one vote. As a consequence he felt this would be an excellent letter to send. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council authorized the Mayor to sign and send the drafted letter to Gus Morrison, Chairman of the CMA Board. AGREEMENT WITH CAYUGA INFORMATION SYSTEMS TO ASSIST WITH IMPLEMENTATION OF THE CITY'S INFORMATION SYSTEMS MASTER PLAN 9:36 p.m. 8.4 (600-30) Administrative Assistant Honse explained that in order to proceed with implementation of the Data Processing Master Plan, it is necessary to obtain services from a qualified technical consultant. Proposals were solicited from various firms. The scope of work to be undertaken will include a review of systems and software to determine compatibility and cost effectiveness. Mr. Honse discussed the Master Plan schedule and also an analysis of proposals received. Under Phase 1, systems to be evaluated would include: electronic land COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN~i A~px"fl ~'~3, 1996 PAGE 214 information database, automated document imaging system, GIS, permit tracking, utilization of data from the San Ramon Aerial Project, and replacement of the IBM System/$6o Mr. Honse stated CIS proposes to perform all services as outlined in the Scope of Services, in 160 hours at an hourly rate of $80. The total cost for the initial scope of services will not exceed $12,800. The CIS proposal includes an optional Phase 2, which offers to provide additional services at an additional cost of $7,500. Phase 2 relates to the implementation of a document imaging system and this phase will only be undertaken if the results of Phase 1 indicate that the project should be pursued in FY 1996-97. Cm. Moffatt felt this was great and he was glad to see the City moving into the 21 st century. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council authorized the City Manager to execute an agreement with Cayuga Information Systems for Phase 1. OTHER BUSINESS 9:39 p.m. Joint Meeting with School Board (610-05) Cm. Barnes asked about a joint school board meeting date. Mr. Ambrose advised that we don't have a definite date yet. BART Tour (1010-30) Cm. Barnes thanked Staff for arranging the BART tour today. It gave them a good understanding. She felt whoever designed the parking lots is really asleep. It is ridiculous that you have to walk from a far area to the terminal. Whoever thought that parking for 2,600 cars total was adequate must have been asleep at the wheel. Unless you get there at 4 a.m., you won't get a parking place. Cm. Howard stated she also felt it won't be enough parking. Cm. Moffatt felt this was a good reason for electing someone from this area to the BART Board. CIT~ COUNCIL MINUTES VOLUME 15 RE~iULAR MEETIN(i Apr1123, 1996 PAGE 215 Cm. Barnes stated she asked about the truck that flipped over the chainlink fence. They are looking at some sort of a signal the minute there is a breakage. They are looking into why it went airborne. It was a freak accident. Cm. Howard said the cover is only over 1/3 of the platform. With our wind and rain, this really was not planned very well. ~ Cm. Barnes felt a van could go around the parking lot and pick people up. concerned because she is one who intends to use it. She is Dublin Post Office (610-80) Cm. Moffatt referenced a letter he received from John Leonard related to the post office situation. He plans to get hold of someone and continue a dialogue. East Bay Division LOCC Scholarships (140-25) Cm. Moffatt indicated that the East Bay Division is giving 2 scholarships to attend the 1996 teachers institute for participating in local government. They will give an $800 stipend to a teacher who teaches civics. They go through a seminar in Sacramento which tries to get kids and parents more interested in participating in local government. He has applications. Cm. Barnes suggested sending one to Wells to Mr. Mark Woy, who teaches government classes. Legislation (660-40) Cm. Moffatt reported that at the last East Bay Division meeting a strong request was one of the initiatives on the November ballot about the Jarvis right to vote act and it does all kinds of things related to voting procedures and what you can and can't vote on; i.e., assessment districts have to be voted on every year. It's a good idea to look at this carefully to avoid fiscal crisis which may happen in cities. There's also a question on whether Propositions 13 and ¢2 are valid or invalid. It was passed by a majority vote so the question is, is it legal? ClT~ COUNCIL MINUTF~ VOLUME: 15 Rt!6UL~R MEETIN{i ~p~fl 23, 1996 FAGE ~ 1 ~ CLOSED SESSION At 9:47 p.m., the Council recessed to a closed session to discuss: 10.1 (640-30) Conference with ~gal Counsel regarding Pending Litigation in accordance with Government Code Section 54956.9(a): Dublin v. Dublin Meadow Partners, Golden Eagle Insurance Company and JL Construction Company, Alameda County Superior Court Case No. V~003778~9 Maryann Bell v. City of Dublin, Livermore~Pleasanton~Dublin Municipal Court Action No. C~27218~2 Dublin v. ASK, Inc., et al. No. V~009572~$; Dublin v. Gemma et al. No. V~ 009575~0; Dublin v. Liberty House Properties, et al. No. V~009575~2; Dublin v. Madden et al. No. V~009574~1; Dublin v. Woolverton et al. No. V~009571~4; Dublin v. Shell Oil et al. No. V~009576~7 (Alameda County Superior Court) Myers v. Dublin, Alameda County Superior Court Action No. V~008171 ~9 1 o.z (6oo- $o) Public Employee Performance Evaluation, Title: City Attorney, in accordance with Government Code Section 54957 REPORT OF CLOSED SESSION ACTION Mayor Houston announced that no action was taken in closed session. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:15 p.m. CITY' COUNCIL MINUTES VOLUME 1 $ REqlULAR MIiETIN(I Al~x'*fl g~-3, 1996 PAGE 217