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HomeMy WebLinkAbout4.01 Approve 02-09-1987 Minutes REGULAR MEETING - February 9, 1987 A regular meeting of the City Council of the City of Dublin was held on Monday, February 9, 1987 in the meeting room of the Dublin Library. The meeting was called to order. at 7 : 35 p.ra. by Mayor Linda Jeffery . ROLL CALL PRESENT: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery . PLEDGE OF ALLEGIANCE The Mayor led the Council , Staff and those present in the pleclge of alle- giance to the flag. 7C * * * Request for Stop Signs Tamarack- Drive @ Burton Street and @ Brighton Drive La -ry B`rkland, 7141 Tamarack Drive addressed the Council and indica- d he liv_ s near Frederiksen School . he commended the Council for t;ieir action wi t.i regard to parking near the school . He indicated that approximately 6 r:tonths ago a petition was presented to him requesting the placement of stop signs at Burton/Tamarack and at Brighton/Tamarack. Several months later, he received a letter from, the City stating the intersections didn ' t warrant stop signs , but -that patrol activity would be increased. Mr . Berkland felt that this street is a drag strip, with speeds of up to 65 mph . City Engineer 'Thompson indicated that many requests have been received for the placement of stop signs . This particular street has been targeted for additional enforcement . Cm. Hegarty indicated ghat the City is cognizant of the speeds on this street and felt that street construction activity on Arnador Valley Boulevard and the additional placement of stop signs along ilmador Valley Boulevard has contributed to the problems along `1-his street . Even though Traffic Engineers don ' t recomm..end _-toj? sion_s as a way to slob' traffic , Cia. Hecartj indicated he would like this item to 13e agendized for future consideration of stop signs . Mr . Thompson indicated that they will ba comiin(j back to the Council in March with a 6 montc. review of ti G eff�c�iven=ss of new stop signs placed on Donohue Drive . By consensus of the Council ,il ; S aff ,,%as directed -i.o combine this request- with the 6 month revieva of the, i�anohue Dr_.v:� s'�o� si_crns,. and bring back to the Council in March . 0101-5-37 Regular Meeting February 9, 1987 c� Zoning Violation Loretta Sutton presented a petition to Mayor Jeffery regarding someone running a repair shop from a garage in a residential district. Mayor Jeffery directed Planning Director Tong to investigate the situation . Clark Avenue - Street Markings Dave Lennox indicated he was pleased to see that stop signs are being placed on Clark Avenue @ Maple Drive . He indicated that the double line on Clark Avenue stops people from making a left turn into the AAA Office and people therefore are constantly turning around in his driveway. Also, he felt that Clark Avenue has a lot of truck traffic . Mayor Jeffery advised that since this item is agendized, a public hearing would be conducted later in the meeting. She requested that Mr . Lennox reserve his comments for that public hearing, at which time they would become a part of the official record. Zoning Violation Jim Simms, a Honey Court resident questioned why the City was singling him out for a violation of a welding machine which sits beside his house . He has been told that he Faust put it on concrete . Staff advised him that the City responds when a complaint is made due to a violation. Mr . Simms felt there were rnany many violations on his street and the investigator passed right by these in order to cite him. Staff explained that the policy of the City is that we investigate and act on a complaint basis only, and do not drive down the streets looking for violations . Mayor Jeffery advised Mr . Simms that he could make an appointment to -go into City Offices and meet with Mr . Tong in order to resolve the situation . Mr . Simms indicated he would do that and then left the meeting. Rick Wendling, 7194 Elk Court then questioned how it would look if all Dublin residents were to put welding machines in front of their homes . CONSENT CALENDAR On :notion of Cat. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions : Approved Minutes of Regular Meeting of January 26, 1987 and Adjourned Regular Meeting of January 28, 1987 ; CM-S-38 Regular Meeting February 9, 1987 Approved the City Treasurer ' s Investment Report for Period Ending January 31, 1987 ; Adopted RESOLUTION NO. 7 - 87 .FOR ACCEPTANCE OF IMPROVEMENTS - TRACT 4859 and authorized Staff to accept a maintenance bond in connection with the guarantee of the work; Accepted improvements for Contract 85-4, Annual Street Overlay Procram, Bay Cities Paving and Grading; Adopted RESOLUTION NO. 8 - 87 APPROVING PROGRAM SUPPLEMENT NO. 3 TO LOCAL AGENCY-STATE AGREEMENT NO. 04-5432 FOR DEDERAL AID PROJECTS AND AUTHORIZING THE EXECUTION OF SAID AGREEMENT and authorized the Mayor to execute the Agreement; Authorized Staff to advertise Contract 87-2, Annual Street Overlay and Repair Program for bids ; Ado:ated RESOLUTION NO. 9 - 87 SUPPORTING THE CONCEPT OF THE HOSTING OF THE 1996 SUMMER OLYMPIC GAMES ON A REGIONAL BASIS Authorized the attendance of the Planning Director at the American Planning Association National Planning Conference in New York City on April 25-29, 1987 ; Adopted RESOLUTION NO. 10 - 87 RECOMMENDING DISTRIBUTION OF MEASURE B PARATRANSIT FUNDS TO TRANSPORTATION DEVELOPMENT ACT 4 . 5 CLAIMANTS (TDA 4 . 5) Approved Warrant Register in the amount of $881, 515-9 . 21 . CALIFORNIINS FOR SAFE MOTORCYCLING; The Mayor has been contacted by Mr . Steve Lambert, the Alarieda County Coordinator for Californians for Safe Motorcycling. Mr . Lambert has requested that the City Council consider adoption of a resolution which supports AB 36 (Floyd) . This legislation would require that al! motorcycle riders wear safety helmets , regardless of their age . CM-5-39 Regular Meeting February 9, 1987 A recent study by UC Davis indicates that more than 80% of hospital costs incurred by injured motorcyclists are paid for by California taxpayers . Cm. Moffatt questioned whether there wasn ' t some kind of a referendum in the .past asking this same question . It was his understanding that the voters decided not to pass this kind of a law. He further questioned if we do this, would it have any meaning. Staff advised that this would be a legislative proposal that we would support . Mayor Jeffery questioned if this would apply to her moped. Staff responded that it would. On :notion of Cm. Vonheeder, seconded by Crn. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 11 - 87 SUPPORTING AB 36 WHICH REQUIRES ALL MOTORCYCLE AND MOTORIZED BICYCLE RIDERS TO WEAR A SAFETY HELMET PUBLIC HEARING ORDINANCE REPEALING CAMP".IGN CONTRIBUTION ORDINANCES NO. 1-34 & NO.-31-84 Mayor Jeffery operied the public hearing. Staff explained that this ordinance, which was introduced at the City Council meeting of January 26, 1987, if adopted, the State Law regulating campaign contributions would be t-he law regulating campaign contributions in the City . State Law provides that candidates would have to disclose contributions and expenditures in excess of $100 instead of $25 and in addition, State Law does not place an upper .limit on contributions candidates can receive. Brian Raley, 11425 Dillon Way, asked that the Council consider what they will be opening themselves up to in the future . They have an opportunity to keep this City small and force politicians go out and talk to the people. It was recently demonstrated that a campaign can be rurl without a lot of money. Zev Kahn, Harlan Road, asked for clarification with regard to unlimited contributions . He understood there was a $250 limit. Elizabeth Silver, Assistant City Attorney advised that the SL-ate Law has reporting requirements of $100, but there is no limit to the amount that can be contributed. Cm. Moffatt stated that he understood that if a group contributes $250 or more to a candidate, and then if an item is placed on an agenda related to that group, the candidate must disqualify himself from voting on the issue . Staff clarified that this relates to income, not contributions . This would be reported on the annual Conflict of Interest Statement . *************************************************************************** CM-5-40 Regular Meeting February 9, 1987 Mr . Icahn indicated he has no problem consolidating the filings ; but felt the Council- should not allow unlimiteii dollars to be dona-L-ed to a cai-apaign. He found -L. 4 found rmpossible 'CO believe that politicians could divo-rce t'hemse-i -jes from a large contributor . Cif?. Heqart17 -indicat-ed he Chas a problem With the $.LOC) cap . T 1-e a o u n 1: 0. f IZ100 t Y doe c-n ' t ego anywh re when you start doing mailings .. etc. . lie felt that no one would jeopardize their intk .=IgriGy for $lC'O, or even a hic.-her ai,,,Gunt . He I indicated he was thinkinr, in tc-*.-.rms of possibly allowing $ ' 130 or $500 . He Foy - Mr . quest-4on�:!n- i,�71-iat type of figure Vir . lKahn feet Coj_ _-ta'-JE? ,V4th. Kahn felt -1'100 cap is reasonable. R--;-ck Wendlinc, agreed with Cm. Hegarty and felt t-Z)t a $250 cap was reasonabl,2 por I With a $100 re, t i n,-T 11 1i t . Ma--,7or Je-f-L .;-y closed 'Che public, hearink7. Cm. Vonheedier indicated that her original intention was- ' o bring into line the Y'�-,00rt3_nrT dates , and sh.e -felt the $25 re.nort_inq llimit. Wci'S VE!ry restri.-c-.cive . She a.Lzo agreed with a compromise of raising th_� limit to $250 . Cm. Moffatt felt chat Dublin is a Small tovin and he woul:1 like to -Dreserve Z_his. , however, insofar as unlimited contributions were concEIrn.:_,d, he did not feel that Cln-vorie In Dublin would -I-,.ore than S10.0 or- `,�200 fl-orti a — I — ey in"o a par:.-:icular cam-'i.idate, C 0 10 C)5: 1()n' I r. an--,7 of ::?On c" would kno,,-, about-- it. w-itl-iin a i-m.tte)_-- hours . C.L ,0, L..- , I C wit C7 7�!o-F t ` -,E- the example -in Pleaiz:antoti where collected unlii-,?ited` ,doll a z. n d were. stil]. v�­-.y soun(l,Iy C:tefeatedi . fall tha-t- Seero to bo askin'.`_ for S-O.-Ile _Y-.)e O.LZ Ij _,-.ji'_ ne w,.ould hooe for $5,00, but indicated he could live with a $210 1, ,mi- C_-'i. Vonheeder indicated durinc; her, camlpaic,.n, she did only ore r.lailinc, and i- __ cost. aiDproxi:;:atel.y- ?! ; 200 . ly-layor. Jeffery uues-tione-Ji if tha, ordinance would have to he revi.ced and broi.<j-ht pack. 11-:he also SuqgPst;ed that consideration be (;-_Jven to raising the reporting of expendi.t.ure ar.,1.ounts, frof-,i the current 5i125. CTr-,. z'-_7riyrder h.rtd q.uestions reIat'�6. �=o the "e.12ction period" Th% CJ,tv put _into its ordinarice F.. s1--)eci&_I filincT recuirement of not allowing contr LIDut ions or expend.J-tures 5 days prior to the el(.�cti_on . Definition Of the e!E-_Ctiori was d.:.scuss;ed. Or, motion O--F-- C""'. M0.2":f,att, secorided by Cf.a. cnyder and by majority vota, Staff Was directed to iii.ake tl'ie necessa.-ry _--evisions and b,rinq back an ordinance at tlne rzeyt rL,.ee-'t-_.JiLnc.,- w'hi_cli would ef fecti,,,21y make the State Law operative in Dubl' rj -c,,;Jt'n ceqardl -­o 'the 1100 re,ortiriq requirer,--.ent and the election PeE.-i-Oall but woald pl'-t a. x300 limit on caimpairin contributions . Mayor Jeffery voted a--jainst this motion . CIVI-5-41 Regular Meeting February 9, 1987 PUBLIC HEARING ORDINANCE PROHIBITING SOLICITATION AT ACCIDENT SITES Mayor Jeffery opened the public hearing. Staff explained that this ordinance was introduced at the City Council meeting of January 26, 1987 , and prohibits soliciting or offering for sale tow services or any other services at the site of a vehicle accident or other catastrophe or calamity. Beth Grant DeRoos urged the adoption of this ordinance as she cited it is very frustrating to be approached when you are trying to get through an emergency situation. Mayor Jeffery closed 'Che public hearing. On motion of Cm. Hega.r.ty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9 - 87 PROHIBITING SOLICITATION AT ACCIDENT SITES PUBLIC HARING RELATING TO HOTEL AND LODGING REGISTRATION . 1,4ayor Jeffery opened -the public hearing. Staff explained that this ordinance which was introduced at the- City Council meeting of January 26, 1987, establishes regulations regarding hotel registration and would replace Title 4 , Chapter 5, Article 1 of the Alameda County Code which the City adopted by Ordinance No. 13-82 . No public comments were made . Mayor Jeffery closed the public hearing. On motion of Cm. Snvder, seconded by Cm. Hetarty, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 10 - 87 RELATING TO HOTEL AND LODGING REGISTRATION P�JBLIC HEARING - ORDINANCE RELATING TC THE EXPOSURE OF PORTIONS OF THE HUMAN BODY .Mayor Jeffery opened the public hearing. CM-5-42 Regular Meeting February 9, 1987 Staff explained that this ordinance which was introduced at the City Council meeting of January 26, 1987, prohibits the exposure of certain parts of the human body in any public place, places open to the public, or places open to public view. Beth Grant DeRoos questioned how this ordinance would apply to a 4 year old playing in a back yard who strips his pants and jumps into a swimming pool . She questioned if a neighbor could make a frivilous complaint. Lt . Severini responded that a back yard is not considered being open to public view. Ms . DeRoos asked what about nursing mothers . Lt . Severini responded that he could not 'imagine any of his officers arresting a mother for nursing her child. Mayor Jeffery closed the public rearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading .and adopted ORDINANCE NO. 11 - 87 RELATING TO THE EXPOSURE OF PORTIONS OF THE HUMAN BODY PUBLIC HEARING ORDINANCE REGULATING UNAUTHORIZED USE OF CORPUS DATA Mayor Jeffery opened the public hearing. Staff explained that this ordinance which was introduced at the City Council meeting of January 26, 1987, would make it unlawful for any unauthorized person to obtain personal data from the Criminal Oriented Records Production Unified System (Corpus ) or for any person to provide such data to an unauthorized person . No public comments were made . Mayor Jeffery closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 12 - 87 REGULATING UNAUTHORIZED USE OF CORPUS DATA CM-5-43 Regular Meeting February 9, 1987 PUBLIC HEARING ORDINANCE RELATED TO DRINKING IN PUBLIC Mayor Jeffery opened the public hearing. Staff explained that this ordinance which was introduced at the City Council meeting of January 26, 1987 , makes it unlawful to drink intoxicating beverages on any street, sidewalk, alley or highway. It. also makes it unlawful to drink intoxicating beverages on public or private property open to the public and within 1 , 000 feet of any City street, sidewalk, etc . , and intended to be used for parking of motor vehicles, without the permission of the property owner . City Manager Ambrose indicated that there was sore confusion at the last Council meeting with regard to alcoholic beverages being used in parks . He clarified that tizis ordinance does not cover parks . Robert Patterson, 11592 Rolling Hills Drive questioned if there was a time limit in parks, i .e . 10 : 00 p.m. Mr. . Ambrose indicated that the City does not own any developed parks . Cm. Snyder indicated that in the future there will be regulations regarding City parks . Zev Kahn,. Harlan Road, questioned how this would affect block: parties and how would a neighborhood go about getting permission. Staff responded that this was discussed at the last meeting, and it was the opinion of the City Attorney that if the City allows the closure of a street for a block party, there is an implied consent given. Mayor Jeffery closed the public hear_inc.. Cm . Hecarty indicated he still has a problem with the wording in Section 1 . On motion of Cm.. Vonheede.r, seconded by Ca;. Snyder, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. 13 - 87 RELATING TO DRINKING IN PUBLIC Cm. Hegarty voted NO on this mtotion . PUBLIC HEARING - ORDINANCE ESTABLISFII14G A PROCEDURE FOR DISPOSITION OF UNCLAIMED AND STOLEN PROPERTY Mayor. Jeffery opened the public hearing. Staff explained that this ordinance which was introduced at the City Council meeting of ,January 26, 1987, establishes broad ;procedures and guidelines for the disposition of unclaimed and stolen property. Property covered by the crrdinance would either be returned to the owner, offered for public auction, destroyed or disposed of or used by the City, depending upon the circumstances . CM-5-44 Regular Meeting February 9, 1987 No public cornrients were made . Mayor Jeffery closed the public hearing. On motion of Cm. Moffatt, seconded by Ccn. Vonheeder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 14 - 87 ESTABLISHING A PROCEDURE FOR DISPOSITION OF UNCLAIMED AND STOLEN PROPERTY PUBLIC HEARING ORDINANCE RELATING TO SECONDHAND DEALERS & JUNK DEALERS Mayo,: Jeffery opened the public hearing. Staff explained that this ordinance which was introduced at the City Council meeting of January 26, 1987 , requires secondhand dealers and junk dealers to comply with State Law and the City ' s Zoning Ordinance . The amount of a license fee will have to be established by resolution at a later time . Staff advised that per Council request- , copies of State Licensing Requirements were provided. At the January 26, 1987 Council greeting, questions were raised regarding a='-rage sales and indoor flea markets . Regarding garage sales, the Zoning Ordinance would generally allow up to 6 within any 12 month period, subject to standard regulations for Howe Occu;Dations . More than 6 garage sales within any 12 month period would be considered retail sales and not allowed in 'residential districts . Regarding indoor flea market: , Planning Staff and the City Attorney ' s Office have determined that such a use does not fit under any definition in the Zoning Ordinance, but notes that the State definition of "swap meet" would include an indoor flea market . As part of t17-e Zoning Ordinance revisions , Staff plans to address indoor flea markets/swap meets . The revisions should be ready for public hearing later this year . No public comments were made . Mayor Jeffery closed the public hearing. On motion of Cm. Hegarty, seconded by C.m. Vonheeder, and by unanimous vote, the Council waived -the reading and adopted ORDINANCE NO. 15 - 87 RELATING TO SECONDHAND DEALERS AND JUNK DEALERS CM-5-45 Regular Meeting February 9, 1987 PUBLIC HEARING - STOP SIGNS ON CLARK AVENUE AT THE INTERSECTION OF MAPLE DRIVE/EBENSBURG LANE Mayor Jeffery opened the public hearing. At a recent Traffic Safety Committee meeting, problems were pointed out whic" pertained to motorists cutting the corner at Clark Avenue and Maple Drive/ Ebensburg Lane . The situation is further complicated by sight distance problems when cars are parked near the corner . The solutions recommended were 1 ) to extend the centerline stripe nearer the corner (which has been done ) and 2 ) to stop the "T" leg of the intersection. Notices were mailed to residents in the neighborhood and subsequently received a call from Mrs . Baldasero suggesting that this intersection become a 3-way stop. Dave Lennox indicated that he concurs with the recommendation that this should be a 3-way stop. Brian Raley indicated he received a lot of comments related to this intersection while he was campaigning. Rick Wendling indicated he uses this route all the time . People .using this intersection don ' t always negotiate the turn correctly. He suggested that a 2-way stop only be considered. Place stop signs on Clark Avenue and stop signs on Ebensburg Lane . Lave Lennox indicated that people coming down Clark Avenue don ' t always yield to traffic coi:;ing down i, aple and felt that a 3-way stop was the only way to control this situation . Cm. Vonheeder indicated she would rather see this a 3-way stop. Cm. Snyder questioned if the double yellow line on Clark could be replaced with a dotted line so that people would not feel they are violating the law when crossing to get into. the AAA Office . If this were changed, it would preclude the problem of people making u-turns in someone ' s driveway. On motion of Cm. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council continued this item to the Council meeting of February 23, 1987 and gave Staff direction to draft the ordinance for traffic control at this intersection with a 3-way stop . With regard to the double yellow lines on Clark Avenue, Staff was directed to pursue whatever alternative is most workable . CM-5-46 Regular Meeting February 9, 1987 0 PUBLIC HEARING - TRAFFIC ORDINANCES REGARDING • STOP SIGN ON 'tANDON DRIVE @ KIMBALL AVENUE • U-TURN PERMITTED ON DUBLIN BOULEVARD @ DOUGHERTY ROAD • CHANGE IN PARKING ZONES ON TAMARACK DRIVE Mayor Jeffery opened the public hearing. Staff explained that these items were reviewed by the Traffic Safety Committee and have been combined into one item due to their perceived non- controversial nature . 1 ) Stop Sign on Bandon Drive @ Kimball Avenue : This intersection currently employs a Yield sign on Bandon Drive @ Kimball Avenue . Due to development in the area, the amount of traffic on Kimball Avenue has increased considerably. Residents in the area have indicated a desire to have the Yield sign replaced with a Stop sign. TJKM concurs with this request . 2 ) U-Turn Permitted on Dublin Boulevard @ Dougherty Road: TJKM prepared a report on this location and determined that it is possible to negotiate a U- Turn from the West approach to this intersection, making the No U-Turn restriction unnecessary. 3 ) Chance in Parking Zones on Tamarack Drive : Several residents and Parents of children at Frederiksen School have commented that the No Parking Zone which currently extends to ti-e easterly edge of the school property on the north side of Tamarack Drive is unnecessary and the lack of adequate parking on the street causes problecrs for People working at .the school , as well as parents that are drooping off or picking up children . A site investigation indicated that while the area ima-,ieditely surrounding the crosswalk should remain a No Parking Zone in order to protect children crossing the street, a Passenger Loading Zone would better serve the school . Cr:;. Snyder questioned the specifics of the proposed loadirici zone area on Tamarack and if this applied to school hours only . Cm. Vonheeder questioned why the curb in front of Murray School was painted red. Staff advised that school buses were to be parked there . Mayor Jeffe-ry closed the public rearing. On motion of Cm. Vonheeder, seconded by Cm. Moffatt;. and by unanimous vote, the Council waived t'ze reading and on an urgency basis adopted ORDINANCE NO. 16 - 87 ESTABLISHING TRAFFIC REGULATIONS (Stop Signs on Bandon Drive @ Kimball Avenue) CM-5-47 Regular Meeting February 9, 1987 On motion of CItI. Vonheeder, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and on an urgency basis adopted ORDINANCE NO. 17 - 87 ESTABLISHING TRAFFIC REGULATIONS (Allow U-Turn Dublin Boulevard/Dougherty Road/Scarlett Court - West Approach) On motion of C.rn. Vonheeder, seconded by C:1. Moffatt, and by unanimous vote, the Council ;waived tne .rtaading and on an urgency basis adopted ORDINANCE NO. 18 - 87 ESTABLISHING TRAFFIC REGULATIONS (Change in Parking Zones on Tatiarack Drive-Frederiksen School) PUBLIC HERRTNG - YIELD RIGHT-O,?-WAY SIGNS RECOMMENDED BY jHK T��1FFTC SURVEY jef f&&---! cpen°_.a hearinc. J . c xP1.ain-.d th:�- one of the recomi;tendations included in the final re��ort -C -c"je ,?1i" traf{`.c: s uciv :,,�.t ewes adopted on January 13, 1985 was install a- LO;?. saveral free right } e g� mourn locations i.n-��:e City . E?dOptlon�of an ordinance is requi -d for installation of Yield sians . No public cot-tt,,.ents we~e. made . 1,4ayor Jeffery closed -1-.e public ''nearing. On motion of Ctr,. liegarty, s conded by Cr,,: Vonheec:er, and by unanimous vote, t-i.e Council waived the reading; and en an urgency basis adopted ORDINANCE NO. 19 - 87 ESTABLISHING TRAFFIC REGULATIONS (Yield Right-of-Way) Village Parkway, southbound right turn lane at Dublin Boulevard San Rarnon Road, southbound right turn .lane at Dublin Boulevard Dublin Boulevard, westbound right turn lane at San Ramon Road Village Parkway, northbound right turn lane at Anador Valley Boulevard Amador Valley Boulevard, eastbound right turn lane at Village Parkway San Ra_non Road, northbound right turn lane at Dublin Boulevard Amador• Valley Boulevard, westbound right turn lane at Village Parkway CM-5-48 Regular Meeting February 9, 1987 REQUEST FOR ASSISTANCE FROM DUBLIN HIGH SCHOOL At the January 26, 1987 Meeting of the Dublin City Council, the Council considered a request from Dublin High School Principal, Joan King, for Maintenance assistance and capital improvements on the grounds at Dublin High School . Staff was directed to develop guidelines for establishment of a task force to study the issue . Additionally, the Council requested that the City Attorney review the 'legal ramifications of providing City Funds for improvements on School District owned property. The City Attorney' s Office is still reviewing those legal issues raised. In terms of the time necessary to accomplish this study; it is difficult to determine a time frame at this time . However, for comparative purposes , the Master Park Development Plan required five months to complete . Staff suggested that the Council review proposed guidelines and, if acceptable, provide Staff with further direction as to the membership of. the task force . Staff presented an exhibit containing the proposed scope of the study and the suggested composition of the membership of the task force . Cm. Vonheeder suggested the additio?: of a me-.nber of t.he. school site council . and a school district staff person . Certain legalities were discussed and Assistant City Attorney Silver advised that this would most likely not be a gift of public funds because the public will receive benefit, but this is something the Council must determine . Cm. Snyder felt it should be left to the task force to determine whether the fields are useable or not. Mayor Jeffery felt that just how :much use of the facilities we would have needs to be clarified, and also the issue of how much the fields need to rest. The Council will also have to take a close look at what the City will have to give up in order to fund this issue . Cm. Snyder felt that if the City Council and the School Board participate, it should be in an ex-officio manner . Cm. Hegarty indicated he is uncomfortable with the Council sitting on the task force . Cm. Vonheeder stated it should be clarified that we are not just looking at upgrading playing fields , but possibly upgrading facilities such as the gymnasium, the little theater, etc . Mayor Jeffery felt the Council should keep in mind that the unification issue will obviously impact this subject . CM-5-49 Regular Meeting February 9, 1987 Assistant City Attorney Silver advised that the agreement itself could provide that it would terminate upon unification . Cm. Moffatt asked questions related to sharing the costs of the study and if it was going to be expensive. Recreation Director Lowart advised that the costs would depend upon the scope of the study. City Manager Ambrose advised that the cost for the park development plan was approximately $30, 000 . Mayor Jeffery felt that there should be people from the general public on the task force, i .e. a member at large . A list should be developed and then the City Council could select those to serve on the task force . Cm. Vonheder felt the City should let anyone interest enough to show up participate on the task force. Cry. Moffatt indicated he would like to see the task force under the direction of the Park & Recreation Commission and let them set the guidelines and open it -to anyone interested. Cm. Snyder felt the committee needs to have some type of structure . Mayor Jeffery stated she envisioned it more like the Downtown Improvement Study Committee which makes specific recommendations . When Cm. Von_leeder questioned how appointments would be made, Mayor Jeffery suggested that perhaps the Council could appoint 1/2 of the members and the School District could appoint 1/2 . Joan King, Principal of Dublin High School indicated she has received quite a number of calls indicated people ' s willingness to serve on such a committee . An unidentified member of the public questioned the background of this particular request . Beth Grant DeRoos questioned if there would be people on the task force who do not have children in the public schools and also senior citizens and also questioned how much money will be expended on this project. She indicated she would hate to see the City putting lots of money into this project if the City were unable to get much use from the facilities . Rick Wendling indicated he felt the task force was already overloaded from the proponents side . The school will be the primary beneficiary and yet :everyone ' s tax dollars in the community will be paying for this . Joan King stated that they have a beautiful facility that is not used very much. It could be used year around, not just outside, but the entire facility. The Council agreed by a consensus that a task force be formed. CM-5-50 Regular Meeting February 9, 1987 Cm. Vonheeder suggested that the City get word out that we are looking for people from various walks of life to serve on the task force . Cm. Snyder clarified that certain groups would have representation and then other spots would be open . City Manager Ambrose felt that from a viability standpoint, a certain number of votes should be allocated to the City and a certain number to the School District. He also questioned the total number of people that should be on the task force . Cin. Vonheeder felt we should find out how many people are interested before we decide on a number: . Cm. Hegarty requested that the contract be written so that it could be cancelled at any time . City Manager Ambrose clarified the direction of Council and indicated Staff would advertise the openings and then come back to the Council with the responses at the second meeting in March. Recreation Director Lowart indicated she could identify certain groups and make contact right away + advertise in the newspapers that we are interested in formaing the task force . Staff recornmended and Council concurred that before the task force begins to study the issue, the followinG assurances need to be received that the A.-ador Valley Unified High School District Board of Directors : 1 ) supports the establishment of the Task Force; 2 ) commits to sharing in the costs associated with the study; 3 ) maintains the current level of District funding for Dublin High School improvements and facilities ; 4 ) develop a Joint Use Agreement whereby the City has first priority for use of school facilities when the school is not using them. LIAISON COMMITTEE REPORT ON REORGANIZATION OF THE DUBLIN SAN RAMON SERVICES DISTRICT The City Council last discussed the issue of the reorganization of DSRSD on November 24 , 1986 . At that meeting, the Liaison Comlriittee recommended 'that the City Council consider an alternative regarding the DSRSD -reorganization which would provide for the assumption of Park and Fire Services by the Cities , only after the Cities were legally assured that all property taxes presently collected by the District would be distributed to the Cities . Decisions retarding sewer and water would be deferred with no date certain . It was envisioned that this proposal would work as follows : 1 ) The Cities of Dublin and San Ramon would immediately begin drafting a two-member joint powers agreement to provide fire services . 2 ) Simultaneously, the District would request the Board of Supervisors of Alameda County and Contra Costa County to negotiate the distribution of property taxes on the District ' s behalf . CM-5-51 Regular Meeting February 9, 1987 If the Counties agreed to pass through tiZe entire property tax to the Cities , the transfer of parks title to the Cities, and the transfer of fir.-_ service to the JPA would occur . If one or both of the Counties chose not to distribute all property taxes presently received by DSRSD, the Cities could seek judicial determination by filing a Declaratory Relief Action for the purpose of clarifying the law. If the Cities received a favorable deter- mination by the Court, the transfer of fire and park services would occur; if riot, the San Ramon proposal could be implemented. It was the City Council ' s direction at that meeting that the Liaison Committee meet with the Sari Rumor_ Liaison Committee to resolve the differences between: the Dublin Liaison Committee proposal and the San Ramon Liaison Committee proposal . The Council also indicated that if the situa- tion could not be resolved that the entire Boards of each of the 3 agencies should meet . Pursuant to Council direction, the Dublin and San Ramon Liaison Committee members met and agreed in concept to a proposal basically outlined in a Draft Memorandum; of Understanding presented as Exhibit 1 . On December 16, 1986, this proposal was submitted to the DSRSD Liaison Committee for District consideration . In January, 1987, the District rejected the proposed Memorandum of Understanding which had been agreed to in concept by San Ramon and Dublin and submitted a Memorandum of - Understanding to the City . In reviewing this Memorandum of Understanding proposed by the District, the Dublin Liaison Committee concluded that the District- ' s proposed Memorandum: of Understanding did not provide for a clean transfer of services to the Cities . T;.erefore, the Liaison CormAttee recorcumended that the City Council_ consider the Memorandum of Understanding which iZas been prepared by the City Attorney ' s Office and which would facilitate the earlier Liaison C&Tiirlittee recommendation to the Dublin City Council . Mayor Jeffery passed out information related to the Liaison Coiz:mittee ' s stands on the various issues . City Manager Ambrose indicated that he and Jim Robinson, City San Manager of n _ Ramon had been asked to participate on a selection panel for the selection of a Fire Chief to replace retiring Phil Phillips . The Council agreed that- it was appropriate for Mr . Am-rose to serve on this panel . Cm. Voriheeder felt we should deal with the issues in terms of the funds . With regard to the JPA, Cm. Moffatt questioned what about putting in a sunset clause into t;:e agreement . Cm. Snyder felt that if the District doesn ' t have financial cr liability responsibilities ; trey shouldn ' t have a voice . Mayor_ JE'ffery felt that if we now develop a JPA for fire services , should only deal between the 2 cities , as there is no need to include the District . CM-5-52) Regular Meeting February 9, 1987 Cm. Hegarty felt the Cities need some legislation from Sacramento. We should get in touch with Senator Lockyer and Assemblyman Baker to pass legislation that states that when a city takes over the services provided by a special district, the dollars automatically go to the. city. Cm. Vonheeder stated that if they could agree to a 2 City JPA for fire, then maybe we could give them some assurance that we would not go after water and sewer until 1993 . Cm. Snyder did not feel that this Council could make a decision for a future Council . Mayor Jeffery felt the issue boiled down to the fact that the District does not trust the Cities ' ability to run a fire department as they have never done it before . Cm. Vonheeder reminded that we had never run a City before either . The DSRSD Board is used to managing, whereas the Councils of both Dublin and San Ramon set policy and have their staffs manage . Rick Wendling questioned if there was some way that DSRSD has a mandate that can be revoked by a referendum. fie questioned if the voters could vote for dissolution as their Board will never relinquish power . Cm. Vonheeder stated she was frustrated with this issue and felt that if we agree to totally stay out of sewer and water, then they should stay out of park and recreation and fire, including the fire JP1 . Assistant City Attorney Silver stated that when a service is transferred, there :gust be an aa_reement regarding the transfer of the property tax. The negotiations would be between the City and the County, but DSRSD has to be a willing party and the request has to be from them. We could petition LAFCO for proceedings to dissolve DSRSD, but we must first negotiate the property tax issue . We could also seek an amendment to State Law. Cm. Vonheeder stated that this issue has gone on long enough and we should resolve or dissolve . The public can take this into their hands and demand that something be done . They can voice these demands at DSRSD ' s meetings . On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted in concept, a 4 page Memorandum of Understanding as Dublin ' s current position and directed that this MOU be forwarded to San Ramon with a request for their concurrence . Also to be included are 2 resolutions , one approving the MOU regarding the transfer of service responsibility relating to fire protection and suppression and park and recreation, and one requesting negotiations with County regarding Dublin San Ramon Services District property tax proceeds . On motion of Cm. Snyder, seconded by Cm. Vonheeder, and by unanimous vote, the Council directed that Staff send a letter to the International Association of Firefighters Local 1885 indicating that since the discussions CM-5-53 Regular Meeting February 9, 1987 currently taking place do not affect the wages , hours or other terms and conditions of employment of the members of Local 1885, we do not believe it to be appropriate for them to participate in the negotiations . The Council also directed Staff to notify DSRSD that the City of Dublin will not be responding to their Aquatics RFP. OTHER BUSINESS Community TV Studio at Dublin Civic Center Cm. Hegarty questioned if Staff had contacted Lee Horner regarding the Community TV studio issue . Staff advised that a report would be made at the February 12th meeting. Freeway Call Boxes Cm. Vonheeder requested that a program. is underway which would add $1 . 00 to every DMV registration and this money would go toward placing SAFE call boxes every 1/4 mile on freeways . The program would be countywide and must have agreement from every city in a county. Cm. Vonheeder requested that this item be placed on a future agenda for discussion by the Council . Upcoming Meeting Reminder City Manager Ambrose reminded the Council that Adjourned Regular Meetings were being held the following evening at Shannon Center and Thursday evening at the Library. The Tuesday meeting will be for contract services review and the Thursday ineeting will deal with the Architect ' s Agreement for the Civic Center, a status report on the 1986 Goals & Objectives and establishment of the 1987 Goals & Objectives . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10 : 46 p .m. Mayor ATTEST: City Clerk CM-5-54 Regular Meeting February 9, 1987