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HomeMy WebLinkAboutItem 4.01 Approve 09-24-1990 Minutes REGULAR MEETING - September 24, 1990 A regular meeting of the City Council of the City of Dublin was held on Monday, September 24 , 1990, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 30 p.m. , by Mayor Moffatt. * * * * ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt. ABSENT: None. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. * * * * Open Space Concerns Resolved Alfred Bilotti, 8116 Creekside Drive thanked the City Council for the fast action received on a problem which was brought to their attention at the last Council meeting. He stated that he appreciated this very much. Request for Stop Light Karen Andrew, 8446 Longford Way requested that a stop light replace a stop sign in front of the High School. One of her sons was recently hit by a car that ran a stop sign. She stated that traffic doesn't always stop at a stop sign. This is a year round problem near the high school. Headed north, once drivers get past the stop sign at Village Parkway and Davona Drive, then it is a clear shot all the way up to Alcosta Boulevard. Cm. Vonheeder stated she thought that signals were already scheduled on Village Parkway at Brighton Drive. Assistant City Manager Rankin advised that signals are scheduled to be installed on Village Parkway at both Tamarack Drive and Brighton Drive. They are not in the current year Capital Improvement Program, however. Ms. Andrew requested that the City consider a light at Kimball Avenue. She also stated that another possibility was a stop sign at Wineberry. Cm. Vonheeder stated that the intersection of Village Parkway and Kimball Avenue is not in Dublin's City limits. Mayor Moffatt explained that the City conducts yearly traffic reviews. CM - VOL 9 - 258 Regular Meeting September 24, 1990 ---------------------------------------------------------------------- COPIES TO: ITEM NO. 1.`J Mr. Rankin advised that this request would be forwarded to the Traffic Safety Committee for review. * * * * INTRODUCTION OF NEW POLICE PERSONNEL Lt. Jim Rose introduced Dublin Police Services' newest addition to the force, Sergeant Mike Peterson. Mike has 17 years of service with the Sheriff's Department and comes to Dublin with good credentials and background. Sgt. Peterson advised that he had patrolled this area back in the late 1970's and he was amazed at all the improvements that have been made within the City since that time. He stated he looked forward to working in Dublin. The Council welcomed Sgt.. Peterson to Dublin. * * * * CONSENT CALENDAR On motion of Cm. Vonheeder, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions: Approved Minutes of Study Session Meeting of August 22 , and Regular Meeting of September 10, 1990; Adopted RESOLUTION NO. 121 - 90 AWARDING CONTRACT 90-9 ANNUAL STRIPING & MARRING CONTRACT TO CHRISP COMPANY, INC. ($36, 180) Authorized Cm. Jeffery to attend the Finance, Administration and Intergovernmental Relations (FAIR) Steering Committee meeting in Washington, D.C. , on October 4-7, 1990; Adopted RESOLUTION NO. 122 - 90 AWARDING CONTRACT FOR CITY FACILITIES JANITORIAL SERVICES TO SHULAR'S AND SONS ($4, 050/MONTH) Accepted the Finance Report for period ending August 31, 1990; Authorized Staff to execute a contract with David L. Gates & Associates to prepare a Park & Recreation Facilities Master Plan at a cost not to exceed $75, 000; Approved Warrant Register in the amount of $508, 531. 31. CM - VOL 9 - 259 Regular Meeting September 24, 1990 Mayor Moffatt requested that the item related to Dublin's participation in the Alameda County Economic Development Program be removed from the Consent Calendar for discussion. Mayor Moffatt pointed out that we have a chance to have a Dublin City Councilmember appointed to the Advisory Board. Cm. Jeffery indicated that she thought that they asked specifically for a Mayor. Mayor Moffatt stated that it could be a Councilmember. Assistant City Manager Rankin advised that in the County Administrator's letter there was a proposal to expand the members of the Board by 9 positions to include 3 City Councilmembers, with one from each region of the County. Mayor Moffatt stated that Dublin has a lot of qualified people and he wished to nominate Cm. Snyder. Cm. Snyder stated he certainly would accept the nomination in that the East County area needs some representation. Livermore is represented by a member of the Lab and Pleasanton will be represented by Mayor Mercer. Cm. Jeffery stated that since this is her field of work she also would be interested in serving. Cm. Hegarty suggested having Cm. Jeffery as an alternate. Cm. Vonheeder questioned if the Board of Supervisors had approved the additions yet. Cm. Snyder stated he understood that they had. He spoke with the County Economic Development Director and was advised that there is one additional opening for a Councilmember from the East County area. The appointment is made by the Executive Committee of the Advisory Board. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council agreed to submit the names of both Cm. Snyder and Cm. Jeffery for nomination. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 123 - 90 APPROVING THE CITY OF DUBLIN'S PARTICIPATION IN THE ALAMEDA COUNTY ECONOMIC DEVELOPMENT PROGRAM * * * * CM - VOL 9 - 260 Regular Meeting September 24, 1990 PUBLIC HEARING-AMENDMENT TO FEE RESOLUTION TO PROVIDE COUNCIL MEETING PACKETS TO DECLARED CANDIDATES AT NO CHARGE Mayor Moffatt opened the public hearing. City Clerk Kay Keck advised that in accordance with Council direction, a public hearing was scheduled in order for the Council to discuss the established City policy of charging a $ . 10 per page copying charge. Mr. Dave Burton, a candidate for City Council has requested that this charge be waived for candidates and that candidates be provided with complete packets of information for each Council meeting. Ms. Keck advised that in accordance with State Law, the City adopted a resolution establishing various fees and charges in 1984 . The $ . 10 per page copy charge was a part of this resolution. If, after deliberation, the Council should choose to waive these fees for candidates, it would be appropriate for the Council to adopt the drafted resolution providing for this exception. Ms. Keck pointed out that it would be necessary for the candidates to make their request in writing, and they would be eligible to receive the packets at no charge upon becoming an officially declared candidate for City Council office. They would receive the packets at no charge until the date of the November election. Cm. Hegarty questioned if this discussion covered only Council meeting packets. Ms. Keck responded that this was correct. Cm. Jeffery expressed concern related to setting a precedent. Cm. Vonheeder questioned usage of the term "receive" . Ms. Keck advised that the candidates would be able to pick up the packets in the City Clerk's Office. They would not be mailed. Mr. Burton thanked the City Council and Staff for responding to his request. He had spoken to candidate Beth Howard who also would like to receive the information at no charge. She requested that he state her position that she feels it is appropriate that the City supply candidates with packets. Mr. Burton stated he understands the Council's concerns related to who gets the packets, but it is very clearly stated in the Resolution that they would be provided at no charge only to candidates. People who do not have the money should be able to get these and this is the fair way to approach it. He did not know how soon this would become effective, if it would be 30 days or longer. He requested that the City Council also consider his request to be retroactive. Mr. Burton pointed out that the Consent Calendar contains millions of dollars of expenditures and gets approved with no comments and felt that his request is a small one. Cm. Hegarty asked Mr. Burton if he had thought of asking the County to waive all their fees. He advised that all the information contained in the packets could be reviewed at the Library or in the City Clerk's CM - VOL 9 - 261 Regular Meeting September 24, 1990 Office. Cm. Hegarty stated with regard to the information contained in 7 packets, he had a hard time saying this would give all the necessary information on which to base decisions. Mr. Burton stated that people who want to come onto the City Council can't just pick up a packet at the Library and learn all the information in a few hours time. Cm. Vonheeder responded that you can't absorb everything about City operations in 7 packets either. Mr. Burton stated he did not understand why the Council is arguing about $300 when you are talking about people who are trying to get on the City Council. He felt the Council was trying to withhold necessary information. He recently saw an old friend who is now a Senator and this friend referred to the situation as an "incumbency protection association" . Cm. Jeffery stated she felt that Mr. Burton of all people knows that this is not true. Mr. Burton requested that the Council just be fair. Ms. Keck clarified that the Resolution would become effective upon adoption. No provisions were included for the Resolution to be retroactive. Mayor Moffatt closed the public hearing. Cm. Jeffery stated she highly objected to the fact that this is being made an issue by candidates and no one else in the community seems to see it as a problem. Newspapers provide coverage and information. What Mr. Burton is asking for is not packets for people who are running for office but rather to change and make a precedent of how the City distributes information. He is asking for special consideration. Unless the City can afford to give packets to all residents of Dublin, it should not grant this request. None of the existing Council had the benefit of this before they were elected. She felt it is just as important for the community to know what is going on as it is for candidates. Cm. Vonheeder stated that even though this is a relatively small amount of money, if the lack of $100 to $200 prevents a candidate from being informed, they need to consider that all expenses incurred by Councilmembers aren't necessarily reimbursed by the City. Items on the Consent Calendar were previously part of discussions during the Goals & Objectives process and also the annual Budget process, so to suggest that they just appear and are routinely approved without discussion is incorrect. All of these items were looked at a lot longer than 3 meetings. Cm. Vonheeder stated she tried to step back and look at this in terms of the affect to the City. She can rationalize providing packets to the press and obviously, the City Council needs the information in order to make the necessary decisions. In addition, 2 packets are provided which can be reviewed CM - VOL 9 - 262 Regular Meeting September 24, 1990 several days before a meeting by any member of the community and they are provided at 2 different locations. Several years ago, when the Gann Initiative and Proposition 13 passed, from a philosophical point of view, this meant that public agencies no longer have to provide copies at no charge. They were able to charge in order to recoup some of the costs so that revenues can be used for other things important to the community. Cm. Vonheeder admitted that she has struggled with user fees for a long time. Her biggest problem with this request is the concept of waiving fees for a select few. You risk getting into an area of reverse discrimination. She asked the City Attorney if the Council would be setting a precedent. City Attorney Silver stated she did not feel it set a legal precedent; however, members of the community would be able to use this as an example if they were pursuing a similar request. The City Council could deny a similar request from another group of citizens. It may set a practical precedent but not a legal precedent. Cm. Hegarty stated he totally supported Cm. Jeffery and Cm. Vonheeder's comments. In addition, he felt. that Mr. Burton is making an issue out of something that is not an issue to begin with. He asked where Mr. Burton was 7 or 8 months ago when important decisions were made. Seven packets will not give them all of the information. Ten thousand other people can come before the Council with a similar request. Cm. Hegarty stated this is very upsetting to him. It might only be $300 or $500, but groups have come before the Council and been turned down for less money. The information is already available free of charge if they are that interested in getting it. Mr. Burton stated he wanted to respond. Mayor Moffatt advised Mr. Burton that the public hearing had been closed and he was out of order. Mayor Moffatt pointed out that the Dublin School District gives the packets away and the City of Livermore also provides them to candidates in addition to putting on seminars. Cm. Snyder stated that immediately after the last Council meeting, the Pleasanton School District adopted a policy to charge for all packets. On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the Council denied the request to provide candidates with packets at no charge. * * * * DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES 1990 ANNUAL CONFERENCE Assistant City Manager Rankin advised that the League of California Cities Annual Conference is being held this year on October 21-24 , 1990, in Anaheim. Prior to the Conference, each city is required to CM - VOL 9 - 263 Regular Meeting September 24, 1990 designate a voting delegate and an alternate. Each city has a right to cast one vote on matters pertaining to League policy. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council appointed Vice Mayor Vonheeder to be the voting delegate, and Cm. Snyder as the alternate. When polled, Mayor Moffatt and Cm. Hegarty indicated that they would not be attending the conference. Cm. 's Jeffery, Snyder and Vonheeder will be attending the conference. Mr. Rankin explained that since the majority of City Councilmembers will be attending the Conference, the City Council's second meeting in October will need to be cancelled or rescheduled. The Council asked Staff what items will be included on the agenda for discussion at the October 22nd meeting. Mr. Rankin advised that the agenda has not yet been set, but Staff would have a better feel for anticipated items by the October 8th Council meeting. By a consensus, the Council tentatively rescheduled the October 22nd City Council meeting to October 29th: Mr. Rankin advised that Kay Keck would contact each Councilmember planning to attend the conference in order that all necessary reservations could be made. * * * * OTHER BUSINESS Tri-Valley Joint City Councils Meeting Mr. Rankin advised that the City of Pleasanton will be hosting the next meeting of the joint Councils at the Pleasanton Hotel on Thursday, October 4 , 1990. Reservations must be called in this week and Mr. Rankin asked which Councilmembers would be in attendance. Mayor Moffatt, Cm. Snyder and Cm. Vonheeder indicated they would attend. * * * * Community TV Seminar Cm. Hegarty advised that the Tri-Valley Community Television Corporation will be asking each participating City for funding to put on a training seminar. The cost will be approximately $300 to $500 per city. The Commission feels it would be beneficial to hold a one- day seminar and bring in a consultant. Cm. Hegarty stated that he and Claudia McCormick would participate. Dave Adams from Livermore will be sending information. The issue will be discussed next Thursday at the Community TV meeting. CM - VOL 9 - 264 Regular Meeting September 24, 1990 0 Cm. Hegarty advised that there is a lot of legislation coming up regarding cable tv. The Commission is working well right now, but more knowledge would be welcomed. The Council through consensus indicated that Cm. Hegarty should use his best judgment with regard to action on the seminar. * * * * Measure D (Recycling) Cm. Snyder requested that Measure D, the recycling issue on the November ballot be agendized in order that everyone can be informed of everything that is happening. He felt it was important for the City Council to take a position. It places a surcharge which may not be legal on every ton of refuse that is dumped in the landfills. Some estimates equate this to $ . 60 per month per household. Dublin is already assessing $1. 25 per month. * * * * Flags for Regional Meeting Room Cm. Snyder asked if the purchase of additional flags for the Regional Meeting Room could be discussed on a future agenda. Several groups regularly meet in this room and it is awkward when doing a flag salute to not have flags available. * * * * Insurance Proposal Cm. Vonheeder stated that Tony Santos, a San Leandro Councilmember who works in the insurance industry, has proposed that cities look at providing fire and liability insurance to its residents. Information was distributed to the Council and City Attorney. She explained that no action is required at this time as it is only in the formative stages. Karen Andrew asked if she could obtain more information related to this topic. Cm. Vonheeder stated that it is just in the discussion stage at this time, but she would be happy to provide the information that she had. * * * * Tri-Valley Transportation Council Cm. Vonheeder advised that the Contra Costa County Transit Authority which is the recipient committee for transportation funds is uncomfortable in forwarding money to the Tri-Valley Transportation Council because it has not formalized its JPA. Dublin and Danville CM - VOL 9 - 265 Regular Meeting September 24, 1990 are the only 2 agencies which have opposed a formal JPA. She and a representative from Danville have been put on a sub-committee to work on resolving this. She indicated that she will be requesting that Staff look at a sample in the hopes that some words can be put together to bring back to the TVTC at their meeting next month. Cm. Vonheeder stated that having a JPA does not necessarily mean that we will be locked into something we don't want to be locked into. They will be looking at what our options are and the subject will be brought back to the Council in the future. * * * * State Budget Fiasco Cm. Jeffery advised that the League of California Cities will be sending some information related to opposing what the Legislation has done to cities with their budget. They are looking at some legal aspects. There are concerns related to the constitutional legality of what they did. This will be on a future agenda. There is a great possibility that we will be losing our Vehicle License Fees. The State is also trying to charge us to collect taxes. * * * * ABAG Election Mayor Moffatt stated that information had recently been distributed regarding ABAG's election. If anyone wants to become involved, the process has started. The filing period ends on Friday, October 19th. Cm. Snyder advised that there are currently 3 declared candidates. These include Mary Griffin, San Mateo County Supervisor, Tom Powers with Contra Costa County and Fairfield Mayor Gary Vilotti. * * * * Agricultural Development Mayor Moffatt indicated he had received correspondence related to Alameda County setting up agricultural development districts. Planning Director Tong advised that Dublin has a very small amount of agricultural land within the City limits and felt that this deals more with land in the unincorporated areas. * * * * CM - VOL 9 - 266 Regular Meeting September 24, 1990 CLOSED SESSION At 8 : 40 p.m. , the Council recessed to a closed executive session to discuss Pending Litigation, 1) City of Dublin vs. Schaffer, et. al. Alameda County Superior Court No. V-000506-9; and 2) City of Dublin vs. Alameda County, et. al. Alameda County Superior Court No. V-000855-4 , in accordance with Government Code Section 54956. 9 (a) . * * * * Following the closed session, the following statement was made: "The Council has met in closed session to discuss pending litigation pursuant to Government Code Section 54956.9 (a) . The 2 cases discussed are listed on the agenda for tonight's meeting. The Council also considered, following advise from the City Attorney, whether the need to take action on a matter concerning potential litigation arose after the agenda for tonight 's meeting was posted. The Council determined by a unanimous vote that the need to take action on a matter concerning potential litigation arose after the agenda was posted. The Council then conferred with the City Attorney pursuant to Government Code Section 54956.9 (c) to decide whether to initiate litigation. " * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9 : 25 p.m. * * * * Mayor ATTEST: City Clerk CM - VOL 9 - 267 Regular Meeting September 24, 1990