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HomeMy WebLinkAbout12-27-1994 Adopted CC MinutesREGULAR MEETING- December 27, 1994 A regular meeting of the City Council of the City of Dublin was held on Tuesday, December 27, 1994, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:32 .p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Moffatt, Barnes. and Mayor Houston None PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. OATH OF OFFICE (640-60) City Clerk Kay Keck administered the Oath of Office to newly elected Councilmember Barnes. Cm. Barnes stated she was honored to be seated as a Councilmember. She commented that she sat in the same chair she occupied for many years on the Planning Commission. She thanked the voters for their support. She stated her telephone number is published and her mail box is open to all residents. She urged people to keep in touch with her. Several family members and friends who were present in the audience were introduced. CLOSED SESSION ADDED TO AGENDA (640-30) On motion of Cm. Burton, seconded by cm. Moffatt, and by unanimous vote, the Council added a closed session item to the agenda. The closed session was added as Item 10.1 pursuant to Government Code Section 54956.9(b)(1), relating to litigation (640'30). The Council found there was a need to take immediate action to hold a closed session prior to consideration of adoption of a traffic impact fee and that the need to hold the closed session arose after the posting of the agenda. The existing facts and circumstances on which this motion is based are set forth in Government Code Section 54956.9(b)(3)(A), as well as written correspondence received today from CITY COUNCIL MINUTES VOLUME 13 ~GULAR MEETING DECEMBER 27, 1994 Page 368 CasSidy & Verges (representatives of property owners in North Pleasanton), AIIwin DeveloPment and Reynolds & Brown. This motion was made pursuant to Government Code Section 54954.2(b). At 6:37 p.m., the Council recessed to closed session. At 6:55 p.m., the Council returned from closed session and the Mayor announced that no action was tak,en. INTERVIEWS OF CITY COUNCIL APPLICANTS (610-30) Mayor Houston advised that he had talked to several cities about processes they have used and decided that there was no clear right or wrong way of going about this. He advised that the City Clerk would draw the names at random and each candidate would be given about 5 minutes to speak and then the Council could ask questions. The Council discussed the procedures and determined that each individual would be given a specific time limit to address the Council. Mayor HoUston .stated it was his intention that if a person is selected that they be sworn in immediately. Fourteen individuals completed and submitted applications to the City Clerk by the deadline of 5:00 p.m., December 22, 1994. All applicants were sent a copy of the Staff Report along with a letter advising them that the Council would be conducting the interviews at this meeting. The City Clerk, placed the names of the applicants in an envelope and randomly drew the names in the order that they were to be interviewed by the Council. 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Gloria Husick/Hoxsie, 8051 Brittany Drive Lisbeth Howard, 11782 Dublin Green Drive Marjorie LaBar, 11707 Juarez Lane Timothy Sheckler (Not Present), 7775 Tuscany Drive Ralph Hughes, 7581 Brighton Drive Tony Oravetz, 7748 Squirrel Creek Circle Nancy Anne White, 11623 Castilian Court Betty Heller, 7211 Burton Street Bob Fasulkey, 7776 Topac Circle -Karen Jacobs, 8325 Rhoda Avenue Bill Foster, 8171 Brittany Drive Lorri Faile, 7462 Brighton Place George Zika, 8046 Peppertree Road Janet Lockhart, 8136 Creekside Drive ************************************************************************************** CITY COUNCIL MINUTES VOLUME 13 .REGULAR MEETING DECEMBER 27, 1994 Page 369 Following the interviews, Cm. Burton stated he had gotten a number of calls from people wanting to know how Ms. Lockhart could serve on the Chamber and be on the City Council. There might be issues that involve businesses that are not necessarily Chamber members. Ms. Loci<hart stated she looked at the Chamber as being a helping hand t© the City. She felt the Chamber's goals and the City's goals are pretty much the same. She explained that if it were to be a stumbling block to the community, she would view a position on the City Council as being more of a commitment on .her part than being President of the Chamber of Commerce. If would not be diffiCult to fill the position of President on the Chamber Board. It's more of a "glory perk" that was given to her after having worked On the Board for 7 years. She stated she was prepared to resign as President if she is selected. Cm. Moffatt expressed concerns over what might be perceived as a conflict of interest on the part of Janet Lockhart. He felt she was jeopardizing the position of President of the Chamber. 'She has control over the money they make and the decisions they make, etc. He felt there was a huge conflict of interest. Mayor Houston stated members of the Council are all members of various clubs and stated he did not see where any conflict existed in any way whatsoeVer. He asked Ms. Silver to comment. Cm. Moffatt pointed out that he is not an officer of the Lions Club and Mayor Houston is not an officer of the Rotary Club. They would have to abstain from discussion over any item involving the clubs if they were on the Board. City Attorney Silver stated as a Board member oran officer of a non-profit corporation, she wOuld have to disqualify herself from participating in br taking any action where the City was contemplating entering into a contract with the Chamber of Commerce. She would have to disclose it and disqualify herself. The same would be true if any other Councilmembers were members of a Board and the City was contemplating entering into a contract with one of those organizations. Mayor Houston pointed out that in the past, members of the Council have served on the Board of the Dublin Fine Arts Foundation and have had to abstain from voting. He did not feel this had caused any problems. Ms. Lockhart stated as President, she does not even haVe a vote. She does not lead the discussions and only votes if there is a tie. Tom McCormick stated as a member of the DSRSD Board, he supported Janet Lockhart. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 370 Joellen King spoke in favor of Lisbeth Howard. Leslie Roe spoke in favor of Janet Lockhart. A man who did not identify himself for the record spoke in favor of Janet Lockhart. Bill Brownell spoke in favor of Janet Lockhart. As the next step in the process, each Councilmember wrote the names of two individuals to participate as finalists. The slips of paper were given to the City Clerk. MayOr Houston agreed and stated he would be personally tracking these 14 people down in two years to remind them that we need more people involved in the community. There will not only be Council positions open, but there are task force openings from time to time, etc. These openings provide people with the experience and also help to get them known in the community. The City Clerk announced'that Mayor Houston selected Janet Lockhart and Bob Fasulkey. Cm. Barnes selected Lisbeth Howard and George Zika. Cm. Burton selected Beth Howard and Janet Lockhart. Cm. Moffatt selected Lisbeth Howard and Ralph Hughes. Cm. Burton stated he didn't know if there were first and second choiCes, but brought up the fact that since Lisbeth Howard had gotten 3 votes, she should be appointed. Mayor Houston felt this was just a reduced finalist list consisting of 5 people and stated he had further questions he wanted to ask the finalists. Mayor Houston asked if the other Councilmembers had any questions for the finalists. No one had further questions. The Mayor then stated he would like to question each of the 5 finalists for their views and positions on several topics, including: 1 ) City Funding for CTV 30; 2) The Need for a Business Commission; 3) Reporting Structure of the Heritage Center Advisory Committee; 4) Toll Road Concept; 5) Youth Activities; 6) Fireworks Sales in the City; 7) Term Limits. LISBETH HOWARD Lisbeth Howard stated she did not feel the City should continue to fund CTV 30 and should let them get on their own. It should be done gradually, however. She found herself in a very touchy situation, being a board member and also being on the Council. She did have to support and fight for the money for their budget, and this put her in a touchy situation. She would recommend that in the future we not have a Councilmember on the CTV board in order to not have this conflict. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 371 Mayor Houston asked if she was the only Councilmember on that board. Ms. Howard stated the rest were community members selected by each city and some at large. Ms. Howard stated on the topic of the Economic Development Manager and Business Commission, she felt it was important to give the person a chance to see what is needed. He might want a Commission like this or we may find that we don't need him but we need a Commission. It will all stem on what's g. oing to happen in the future when we see what the person will accomplish. Ms. Howard felt the Heritage Center Advisory Committee should be under the Park & Recreation Commission. The Council should control what's going to happen at the Heritage Center becaUse the City is putting money into it, but the Committee should not be a separate body reporting to the Council. Ms. Howard stated as a former School Board member, she felt there was opportunity for the City and School District to work together with a very good partnership. She felt the liaison committee.should be doing a little more and actually sit down and discuss the issues. She was interested in pursuing the issues surrounding the Joint Use Agreement. She felt they had worked well to get agreement related to the crossing guards. That shows we can work effectively with them. We can work with them to find out if we need teen centers, what kind of programs we can fund that they can't, issues like that. Mayor Houston asked if she was happy with the way the crossing guard situation was nOW. Ms. Howard pointed out that a year ago, she was the only one that voted for crossin'g guards. On the City's current policy to allow the sale of fireworks in the City, Ms. Howard stated she would rather see us have the sale of fireworks in the City than to let the kids come into the City with illegal ones. Working with DRFA, she has learned that almost all fires are caused by the illegal ones. Kids tend to go to areas where they can hide and not get caught. The sale brings money into organizations that they put back into our community. Mayor Houston asked for her thoughts on term limits and if she thought Dublin should consider an advisory measure on the ballot like Pleasanton did. Ms. Howard said she would just as soon Put it on the ballot to see how people feel about it. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 372 Mayor Houston asked her opinion on the toll road and whether it's public or private, and if this is a possibility to solve some of the traffic problems in the area. Ms. Howard stated until more details were available such as how it would be run, where it would be, etc., she did not want to make up her mind. BOB FASULKEY Bob Fasulkey felt that considering the fiscal constraints that must be dealt with, CTV 30 funding would be one of the first things he would let go of. Mayor Houston commented on the project Mr. Fasulkey had worked on with his homeowners' association and the partnership situation with the City. He would like to see more partnerships like this with the School District for the benefit of young people. He asked what types of programs and facilities Mr. Fasulkey would like to see. Mr. Fasulkey stated he had followed the discussion of a teen center over in Livermore very closely. Some of the Principals are acquaintances of his. He would take a half step back and observe how they go through the process a little further. You have to look at the issue of responsibility; how much should fall on the City and how much should fall on the shoulders of either the School District or youth organizations here in the City. He works with the Boy Scouts and felt the responsibility needs to be shared. We need to make sure we have those organizations in place to take some of the responsibility. He would wait and look at the Livermore group to see if they set some precedent. Mayor Houston asked if he was. interested in two years in running for a full term of office. Mr. Fasulkey stated yes, it sounded appealing. Mayor Houston asked if he thought the Heritage Committee should be under the auspices of the Parks & CommunitY Services Commission or a separate body. Mr. Fasulkey stated certainly the Heritage Center represents a large piece of Dublin as a community and establishes our identity as a historical City that cares a lot about its history. The more we can bring this into the venue of the City, the more we can do in terms of leverage. Mr. Fasulkey stated he thought a lot of false promises come with toll roads. He would have to challenge very heavily any discussion and agreed with Ms. Howard that there isn't enough information out there today. He would be very critical of information as it is released as he felt there were a lot of false promises that come with that type of establishment. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 373 Mr. Fasulkey felt the issue of the sale of fireworks was a tough one. It Certainly generates a lot of revenue for a lot of non-profit organizations. In his own judgment, he 'felt the level of fireworks that are sold are a fairly safe and controlled situation. More hysteria seems to be generated than is absolutely necessary. He felt they are safe and should be continued. With regard to term limits being put on the ballot, Mr. Fasulkey felt that from a Council position, this was a decision that citizens should really make, and if a citizen is willing to come forward and have that placed on the ballot and champion the cause, it would certainly deserve consideration. He would probably support it, but questioned if it was necessary for a Councilmember to make that decision today. He did not think so. Mayor Houston stated whether real or perceived, we have had sub-par relations with some of our neighboring cities and agencies and he asked Mr. Fasulkey how he thought he would fit in as far as helping solve some of these problems and be a facilitator. Mr. Fasulkey stated he hoped he had demonstrated how he gets along working with agencies. Pleasanton has certainly had its difficulties with Dublin. He thought one of the best things we could do as a City is to communicate more freely and openly to make sure that we don't have agenda items that aren't necessarily published agenda items. We need better communication with the City of Pleasanton specifically. GEORGE ZIKA Mayor Houston asked how he saw himself as a facilitator in working with neighboring communities. Mr. Zika referenced a job project where he had to negotiate between the American Petroleum Institute and the Petroleum Markers Association, the IRS, EPA and FAA to get a color on the die of the diesel that wouldn't impact on FAA regulations and EPA regulations and wouldn't upset everyone else. Bringing all these people together and convincing the IRS of the way the regulations had to be written was a tough project and getting everyone to buy in took good mediation. He felt Dublin could do a lot more direct talking if we don't have hidden agendas. He doesn't deal well with hidden agendas. He feels very strongly about dealing directly with people and saying this is where we can compromise and this is where we can't. If we can reach agreement fine, and if we can't, then sorry, we'll have to go to court. You can compromise so far, but there are certain things you just can't compromise on. Pleasanton has had its problems. He did not feel Dublin has had the problems; we have not lost the cases~ Mr. Zika stated he did not have a big problem with the sale of fireworks in the City. It raises a lot of money for a lot of organizations. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 374 Mr, Zika stated he liked term limits. Mr. Zika commented on the subject of CTV 30, other than the Mayors' Report, and maybe the 580/680 News once in a while, this was all he really gets out of it. He agreed with the previous speaker that this would be one of the first things to cut when we're short of money. Mr. Zika stated the little bit that he knew about the toll road situation, he did not believe the money figures. He thought it would cost more than they think and did not feel that it would ever pay for itself. He would not be in favor of this and did not feel it would be a solution. It would not do anything for us. Mr. Zika felt the joint use agreement with the School District was very definitely a good idea. This may be an'alternative for the teen center. He cautioned, however, that we should go. out and look at ones that work and have had at least 2 or 3 years of success, rather than just start throwing money and creating programs because someone has a good idea and it sounds good. He did not feel we always have to be out in the lead or on the edge; some of those people fall off. We should follow someone who has a proven program. Mr. Zika felt the Heritage Committee belongs under the Parks & Community Services Commission. JANET LOCKHART Ms. Lockhart felt with regard to the Heritage Center Advisory Committee that Diane's leadership in turning the Heritage Center over to the City had been exemplary and as a member of DHPA she appreciated the way the City worked with them on seeing that this happens. Her one concern was not throwing out the baby with the bath water and simply because the City is taking over the project, I'osing the input and wisdom of a good group of people that have been involved in the Heritage Center in keeping it alive for a long long time. She would like to see some consideration given to some kind of'an advisory group that would work with Parks & Community Services and would take advantage of the long history that people have committed time and energy over the years to the Heritage Center and making it what it is today to give to the City. Ms. Lockhart stated with regard to Channel 30, Mayor Houston had probably come across one of the biggest fans of CTV. On a personal level, she gains a lot by watching CTV 30. It is one of the very few very open and very honest communications within the Valley. She takes advantage of being able to sit at home and watch the Pleasanton City Council meetings and to see what's going on over there and why they are saying the things they are saying and doing the things they are doing. As a public entity, perhaps it needs some kind of support to remain public and not private. On the other hand, with all that's happening with networking and programming in television, there CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 375 will be some real good changes coming down the line. Community TV, like everybody else, has to get on the self-serving bandwagon and try to figure out how to beCome self-sufficient. That would be a real good job for the cities to cooperate on, to wean them from city funds and into some kind of a situation where the community can actually support the programs that they want. This could be through membership or ail kinds of fund-raisers, etc. Others have done it. Ms. Lockhart stated she lives by the principles of respect and communication and being able to listen to what other people are really trying to tell her. With regard to relationships With our neighboring cities, we need to take it slow and we need to really listen to where the communities are coming from and not get defensive immediately and not take a stand that later on we can't bend on. Listen carefully, give them the respect of listening to what they have to say, give it the consideration that it needs, and · then stand firmly on our decisions. While our decisions affect the entire Valley, w.e are most responsible to Dublin citizens. Ms. Lockhart stated with regard to the sale of fireworks, a lot has been quoted with the dollar value. While she agreed, having served with an organization that was certainly able to give a lot more back to the community because of working fireworks booths, from a different perspective, to her the 4th of July is fireworks. It is a celebration not just of our City, but of our Country and it is something that has always been done and something that we can't take from the people simply by telling them they can't have it. We have found a mechanism in our community to provide safe fireworks; fireworks that have never caused a fire in the City of Dublin. People are allowed to go out in their driveway and allowed to have their street blocked off legally and do their fireworks in a safe and sane manner. If surrounding communities looked at it in that way, instead of as a threat, they may find that there are a lot of positives to allowing people to celebrate this way. She has a lot of personal pride in the fact that Dublin has stood strong on this issue. It has not hurt one Dublin resident having safe and sane fireworks. On the issue of term limits, Ms. Lockhart stated she did not have a problem with an advisory vote on the issue. She felt it was a good idea for everyone going in to know what the rules are. This promotes the ability for everybody to be up front about where they are coming from, what they have planned, and what their motives are. She agreed with Bob that this is an issue that should come from the community. If the community is interested in an advisory vote on something like this, she would certainly support citizens rights to do that. Ms. Lockhart stated as a Chamber of Commerce Board Member, she had sat through a couple of presentations related to the toll road. She noticed that there had been quite a swing in attitude. She felt that down the road, there will most likely be a toll road running through this Valley. We can look at it as something to fight and worry CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 376 about, or we can look at how it can best serve our Valley. She thought that having a toll road that'runs north and south and which keeps big trucks off of the 1-580/I-680 interchange would be very beneficial to our community in the future. There is still enough positioning that will happen on the whole issue and a lot of the issues that people are afraid of right now will be resolved. The contract with the toll road company will be a lot stronger than it started out to be. She felt safeguards will be built in that will protect us. We cannot just turn our backs on the whole concept. With regard to working with the School District, Ms. Lockhart asked what better place to start than with the experts; the kids in the community. The main focus of the School District is on the youth. She has a lot of respect for the people over there. She has attended numerous School Board meetings and definitely sees the need for a good strong liaison committee. In the process, there has been some misunderstandings in the past about the agreements. She hears two different sides to the same issues. This is one' of the issues that really needs to be addressed in 1995; the communications between the School District and the City. Everybody has the students best interest in mind. The new School Board is something to really be proud of and she felt that working together, we can do a really fine job for our youth. RALPH HUGHES .With regard to the City providing funding to CTV 30, Mr. Hughes felt this should be discontinued. He disagreed with using public funds to support private enterprise as a concept. They should stand or fall on their own, like any business. Mr. Hughes stated he felt we should continue working jointly with the School District. No one has yet to come up with a better option. Economically, it makes the best sense to use existing facilities and existing personnel that are well trained and experienced. He is not in favor of expanding government; we have way too much government and too many laws already. If we can take advantage of what we already have, we should. Mayor Houston asked if he felt the Heritage Commission should be its own separate Commission or whether it should'be under Parks & Community Services. Mr. Hughes felt Dublin has a great deal to be proud of because of its heritage. A lot of work went into moving the school many years and creating the museum. He was involved in a peripheral way with that several years ago. The group that did this was able to accomplish this without a great deal of public financial support. We have to protect that to make sure we don't lose that heritage. He did not agree with setting up more Commissions and more groups; we already have too many. The Parks Department is and has been for ma.ny years very good at what they do and the administration is run very effectively. There is no reason to believe that they would run this part of it any less effectively. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 377 Mr. Hughes stated with regard to toll roads, it was interesting that a few weeks ago he was down in Mexico and used a toll road for the first time he could remember in his life It was an absolutely beautiful highway than ran for mileS and miles and he thought his was the only car on the road. It would depend a lot on what the cost is going to be here and how effectively it could be operated. In the short term, we will find that because the trucking industry is so strapped for money, even though it may save time to have a toll road, we will find that a lot of the trucking industry may not use it all that much. Long-term, if it can be done correctly, it could be quite an advantage to the community. All you have to do is go through the interchange at rush hour and it's pretty easy to see that we don't have enough asphalt that takes us from county to county. If someone is willing to build it and maintain it, it should at least be something we're willing to look into. Mr. Hughes thought the sale of fireworks should continue. Politically, this is probably not the best thing to say, at least in our region. Virtually every other city has outlawed the use of fireworks. It is. an opportunity to bring families together. It is an' absolute nuisance for motorists like himself; it is noisy; it litters the streets, etc. It is, however, one of the few things left that people do as a family and he would hat to see it disposed of. Again, there's too many laws, so if it would require drafting another ordinance, he would be against it. Mr. Hughes stated he was split on the idea of putting the issue of term limits on the ballot, He felt the right to vote is probably the most important right that citizens have. He understands why there is such a push on the national level. You don't have the ~ same problem on a local level and the best evidence is over the last 8 to 10 years, there has been a great deal of turnover, even on the City Council here. If this is important to the public, however, they certainly have the right to examine it. This ought to be something that is done by the public. Mr. Hughes felt he would be most useful in dealing with neighboring cities. He has negotiated big deals all his life. He's alive today because he is a good talker on the · streets of Oakland The ability to meet with people and show them a certain amount of respect is very important. A true negotiator has to understand where everybody else is coming from and has to understand that everybody has their own agenda. It's naive to believe that you can take the Cities of Dublin, Pleasanton and Livermore and everybody is going to be on the same wavelength or speaking from the same page. This is not going to occur. The reason is everybody has a different agenda; especially in politics. You have to pay attention to what the public is looking for. His entire life for the past 20+ years has been involved in resolving disputes both as a Judge in PleasantOn, as a Mediator, as an Arbitrator, etc. He sits down with people on a daily basis in an effort to try to resolve some tYpe of diSpute or problem, which includes municipalities. If there was any place where he could be effective, it would be in dealing with the problems between Dublin and other cities, CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 378 Cm. Burton stated he felt that everybody who appeared was qualified to be on the City Council. One person, Lisbeth Howard, is unique because over 3,000 people supported her and wanted her to be on the City Council. He stated he had a real problem when the opportunity was there for people to run and then to ignore what 3,000+ people are telling them. Term limits or not, he stated he would not be running again 4 years from now. This opening is for a 2 year term. For this reason, he supported the appointment of Lisbeth Howard. He stated he would make a nomination that Ms. Howard continue on the Council. Mayor Houston stated he was not yet ready for a motion to be made. Cm. Barnes stated she would also go along with supporting Ms. Howard. Cm. Moffatt stated everyone who came before the Council was really outstanding and he hoped to see at least half of them when he is running again in 2 years, as he would certainly love to be defeated by any one of the folks. He did feel that the citizens spoke in the last election, and there was something like a 2% difference in the City Council winners and losers. He therefore went along with Cm. Button's suggestion and supported Beth Howard. Mayor Houston stated he agreed there were lots of great candidates. The fact remains that Ms. Howard came in 4th in a 4 horse race. He discounted the argument that she got 3,000 + votes; she still came in 4th. The question of experience of being on the Council and the fact that it's a 2 year versus a 4 year term doesn't make much difference either. He stated he still supported Janet Lockhart. She's active in the community; she has the time; and she's been in key positions all over the City. She knows the issues and she's been a leader. He commented that even though it didn't look like he was going to win this one, Janet' Lockhart was the person he supported for the City Council position. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council appointed Lisbeth Howard to fill the vacant Council seat with a term ending in November, 1996. Cm. Burton stated this was a very difficult time and he appreciated everyone taking the time to come down here. He hOped he had not lost the respect of his friends. City Clerk Kay Keck administered the Oath of Office (640-60) to Cm. Howard and she was seated on the Council. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 379 SELECTION OF VICE MAYOR (610-20) Government Code Sections 34905 and 36801 require the City Council to meet after a General Municipal Election and choose one of its members as Vice Mayor/Mayor Pro. Tempore. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. Mayor Houston stated he recommended that Cm. Burton continue as Vice Mayor. On motion of Mayor Houston, seconded by Cm. Moffatt, and by unanimous vote, Cm. Burton was selected to continue as Vice Mayor for 2 years. CITY COUNCIL COMMITTEE APPOINTMENTS (110-30) Mayor HoUston stated he had prepared a calendar showing the meeting days and times and also a list of the appointments he wanted to make, as well as some changes. Copies were distributed to the City Council and City Manager. COMMITTEE REPRESENTATIVE Alameda County Housing Authority Alameda County Library Advisory Commission Alameda County Mayors' Conference Alameda County Waste Management Authority JPA BART Art Project Citizen/Organization of the Year Community Television Corporation Howard Howard Houston Moffatt Barnes (Alternate) Moffatt Linda Jeffery Barnes/Howard Edy Coleman Congestion Management Authority il it Dougherty Regional Fire Authority DSRSD Liaison Committee Dublin Unified School District Liaison Committee East Bay DiVision/League of CA Cities East Bay Regional Park District Liaison Committee Job Training Partnership Act/PIC Moffatt Burton (Alternate) Houston/Barnes/Howard Burton/Moffatt (Alternates) Houston/Barnes Houston/Burton Moffatt Barnes (Alternate) Howard Burton CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 380 League of CA Cities Voting Delegate & Alternate League of CA Cities Committee on Economic Development & Housing League of CA Cities Legislative Delegate Program Livermore-Amador Valley Transit Authority JPA ii ii ii ii ii Pleasanton City Liaison Committee San Ramon City Liaison Committee Tassajara 'Valley GPA/EIR Committee Transportation Committee 1-580/Hwy 84/Altamont Tri-Valley Affordable Housing Committee ii ii ii · Tri-Valley Transportation Council ii &i Zone 7 Liaison Committee Moffatt/Barnes Moffatt Houston Burton/Moffatt Howard (Alternate) Houston/Moffatt Houston/Burton Houston Moffatt Barnes Burton (Alternate) Houston Barnes (Alternate) Barnes/Moffatt Following discussion, Mayor Houston declared the list finalized. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council confirmed the appointment's list. CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of December 12, 1994; Approved the City's continued participation in the NORCAL Employment Relations' Training Consortium and authorized the City Manager to execute the agreement (600-30); Approved the parade route for the St. Patrick's Day parade (950-40); approved the location of the community celebration; and adopted RESOLUTION NO. 123 - 94 SUPPORTING THE 1995 ST. PATRICK'S DAY CELEBRATION Approved the Warrant Register in the amount of $267,084.52 (300-40). CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 381 NOISE MITIGATION FEE ORDINANCE (390-20) Mayor Houston opened 'the public hearing. City Attorney Silver presented the Staff Report and advised that one of the mitigation measures required as part of the adoption of the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report was that the City should develop a noise mitigation fee to pay for mitigation measures such as noise barriers, earthen berms or retrofitting existing structures with sound-related windows. Adoption of this enabling ordinance is not subject to CEQA. Government Code Section 65913.2 requires the Council to consider the effect of an ordinance such as this with respect to the housing needs of'the region in which the City is located. The City would have to refrain from imposing regulations which would make housing infeasible for any segment of the community. This ordinance would not make housing infeasible for any segment of the community beCause it is necessary to allow development to occur. This ordinance will have a beneficial effect on the hoUsing needs of the region and it will help the City to meet the ABAG projected housing need in Dublin. The ordinance is the first step. It is an implementing ordinance which, if adopted, will establish the mechanism for imposing a noise mitigation fee. No fees will be imposed by the ordinance. Ms. Silver stated the cost of preparing the Noise Mitigation Fee Ordinance can be recovered from property owners applying for approval of development in Eastern Dublin. Cm. Burton asked if this was a new concept. He was concerned about how we will be able to provide affordable housing. Cm. Moffatt asked if a developer could mitigate by putting in soundwalls or something like this. Ms. Silver stated yes, they would have an option of putting in some of these measures rather than paying the fee. No testimony was presented by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council waived the reading and INTRODUCED the Ordinance. Cm. HoWard abstained as she had not had a chance to review the Staff Report on this item. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 382 EASTERN DUBLIN TRAFFIC IMPACT FEE/AREA OF BENEFIT FEE (390-20) Mayor Houston opened the public hearing. Public Works Director Thompson advised that a lot of written comments had been received on this item, some of which were included in the packets. Some fairly thick ones were received late last week and today and Staff had not had time to adeqUately respond to all the comments. Because of this, Staff recommended that 'the Council take public testimony this evening and then continue the hearing until January 9, 1995. At that time, Staff will make a full presentation and attempt to answer all the questions that have been received. Carolyn Morgan read a statement from residents of Doolan Canyon, "To the Dublin City Council: Even though Doolan Canyon is being excluded from traffic impact fees and area of benefit fees, we believe that any fees being imposed on any landowners who are outside the annexation area is in violation of Dublin's General Plan. Dublin's General Plan states that development will pay its own way. Only landowners who are in the annexation area will be allowed to develop. This development will be the Cause for new roads being needed. Landowners who can develop should bare the costs for all the roads they need. Why should landowners outside the annexation area pay fees to benefit landowners who can develop? Landowners outside the annexation area do not need new roads. Be consistent with your General Plan. Make development pay its own way. Thank you for this chance to speak. The Pattersons, 5661 Doolan Canyon, The Foscalinas, 5200 Doolan Canyon, The Morgans, 5184 Doolan Canyon, The Akins, 5111 Doolan Canyon, The Steffens, 5033 Doolan Canyon, The Ogelvies, 5360 Doolan Canyon." The letter was not signed. City Attorney Silver advised that if the fee is adopted, the fee can only be imposed by the City on properties within the City limits. The fee would not be effective in areas not within the City. When those areas come into the City, it would then become effective. Right now, for example, part of the area within the Eastern Dublin Specific Plan area, the County-owned property, is within the City, so if the fee were adopted now, it would be effective and applicable to development on the County property because it is within the City. It would not be effective in any other area within the eastern Dublin area. When the proposed 1,500 acres are annexed to the City, then the fee would be applicable to those 1,500 acres. Then when property to the east of that is annexed, it would be applicable there. Ms. Morgan stated the letter she received in the mail stated that the fee would be imposed on all areas within the Eastern Dublin General Plan with the exception of future study area, so that meant lands outside of the annexation area. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 383 Ms. Silver stated the fee will only be imposed when an applicant comes to the City and seeks a building permit, and no one is going to come to the City to request a building permit until the property is within the City limits. She stated Staff would try to clarify this issue in the Staff Report at the next meeting. City Manager Ambrose advised that the City had to send notice to everybody that was within 300 feet of the area, so there were a lot of people that got notices in both Pleasanton and surrounding areas who aren't directly affected. Ms. Morgan stated the notice she received did not state this. Mr. Ambrose advised that Staff would prepare and send out another notice to make certain this is clear. Cm. Burton made a motion to continue the public hearing. Mayor Houston announced that the public hearing was continued to January 9, 1995. AWARD OF BID CONTRACT 94-04A- DOUGHERTY ROAD IMPROVEMENTS (600-30) Public Works Director Thompson stated on this project, the Iow bid received exceeds funds budgeted for construction. The project will add a traffic signal at the Dougherty Road/Sierra Lane intersection and construct median and channelization improvements on Dougherty Road between Sierra Lane and Dublin Boulevard. A large portion of the construction cost of this project is being funded by a Federal ISTEA grant, which was obtained in Fiscal Year 1993-94. Caltrans has reviewed the proposal submitted by the Iow bidder, Grade-Tech, Inc., and has given concurrence to award the project. Cm. Burton asked the location of where the City entrance signs would be. He found it interesting that the extra Paving was about twice the amount that Staff estimated in all the bids. He asked for an explanation. Mr. Thompson stated the entrance sign would be about halfway between Dublin Boulevard and Sierra Lane. Mr. Thompson stated they talked with the contractors and they basically said costs were .greater because it was such a small job and they would have to come in with back hoeS and small equipment, plus the fact that there is a lot of traffic control needed there. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 384 Mr. Ambrose advised that the City had a fairly favorable year-end balance in its Gas Tax fund. Secondly, Dougherty Road doesn't present the most positive image for our City. This would be the first step toward cleaning that up. If we put dirt in there, there will be more maintenance responsibility. Cm. Burton stated he was not impressed with paving stones and would like to see the City leave this off and cut down the total amount. We should not spend this on paving stones. He felt we could do better sometime down the line. Cm. Barnes pointed out that it will cost us more downline as the job already is small. Mayor Houston stated this area of town looks terrible and we should do whatever we can to upgrade it. When he was walking during the campaign, he discovered that there is really an image problem out there. We have unallocated gas reserves that can be used. Cm. Moffatt asked if recycled materials would be used. Mr. Thompson stated yes, this had been figured in. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 124 - 94 AWARDING CONTRACT 94-04A DOUGHERTY ROAD/SIERRA LANE IMPROVEMENTS TO GRADE-TECH, INC. ($273,573.50 Including Two Alternates) and approved a budget change form in the amount of $35,252 to Provide for construction of base bid and alternate items ($14,238 will be transferred from projects that came in under budget earlier this year, and $21,014 will come from unallocated Gas Tax reserves). AWARD OF BID CONTRACT 94-07- HERITAGE CENTER RENOVATION (600-30)' Parks & Community Services Director Lowart presented the Staff Report and advised that 4 bids were received for the Heritage Center Renovation project. The Iow bidder was. Skyline Construction, with a base bid of $168,500 and deductive alternates totaling $1'0,800. The base bid exceeds the available budget by approximately $18,107, however, if the bid alternates are deducted, the shortfall is reduced to $7,307. This amount does not include a contingency for change orders. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 385 Ms. Lowart discussed eliminating various alternates and the cost savings that would be realized. Ms. Lowart stated although the City Council has requested that consideration be given to having volunteers complete portions of the project, to date, volunteer labor has not been forthcoming. Staff also expressed concerns.about volunteers taking on several of the alternates due to the technical nature of the work involved. Additionally, the City could be placing itself at some risk if volunteers were involved in lead abatement. Cm. Moffatt asked if we had received the Measure AA money yet or if it was still with the East Bay Regional Park District. Ms. Lowart advised that we requested a 10% advance which is allowable under the guidelines of the grant program and the remainder is on a reimbursement basis. Cm. Moffatt asked where the interest is going on this money. Mr. Rankin stated the East Bay Regional Park District has the biggest bureaucracy and it takes forever to get funds released from them. The endowment fund was discussed for maintenance of the cemetery. These funds cannot be used for the renovation. John Merz, the second Iow bidder'on the project, addressed the Council'and stated if they take into account the deduct items, then he would be IOw bidder. He requested' that the Council consider the savings that would be realized by eliminating the options and awarding the bid to his company. Cm. Moffatt stated his understanding of the volunteers was that it was to be prison guards volunteering their time to paint. Ms. Lowart stated she was advised that they only do one project at a time and they are now working on the DSRSD building relocation out to the prison grounds. It has been determined that there is lead in the paint and the lead has to be abated before it can be painted, so this is something we may not want volunteers to do. Cm. Burton discussed the engineer's estimate compared to the base bids submitted on Alternate #4. Mr. Merz stated they felt this was a very labor intense job and was worth more money than the engineers estimated. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 386 Mayor Houston noted that the base bids were very similar and aside from the dollars, he asked if other criterion was used to choose. Ms. Lowart stated as a public contract, we are required to go with the lowest responsible bidder. Mayor Houston stated he felt it was good to go with the full scope of work. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 125 - 94 AWARDING CONTRACT 94-07 HERITAGE CENTER RENOVATION TO SKYLINE CONSTRUCTION ($168,500) approved the Budget Change Form and authorized the Mayor to execute the agreement, REQUEST TO SUBMIT FEDERAL GRANT PROPOSAL FOR COPS FAST PROGRAM (580-40) Police Chief Rose stated the Federal Government has authorized up to $165 million in grants to be made to state, local and other public law enforcement, agencies which serve populations under 50,000. The grant will pay 75% of the salary' and benefits, up to a total of $75,000 spread over 3 years. The remaining costs must be picked up by the City. Over the 3 year period covered by the grant, these additional costs are estimated to be $156,000. Chief Rose stated if the City is awarded the grant position request, a plan would have to be developed to utilize the position in some form of community based policing program. If the City is awarded the grant, the Alameda County Sheriff's Department has agreed to amend the existing contract, certifying that the Sheriff's Department meets and complies with all Federal legal requirements regarding any personnel employed with grant funds. Chief Rose advised that at this time, all the requirements to receive this grant are unknown, however, there is a December 31, 1994 deadline for filing the application. Cm. Moffatt asked if this was the same program that he brought information back on from the League conference in Long Beach. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 387 Chief Rose stated there has been so much information on this as part of the Crime Bill that he wasn't sure. Cm. Burton stated he felt this was iust another suction program and he would not support it. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council authorized Staff to submit the grant application. Cm. Burton voted against this motion. OTHER BUSINESS Liaison Committee Meetinq with School District (515-30) Mr. Ambrose stated he had received a call from the School Superintendent who suggested two dates for a liaison committee meeting; January 11th or 18th at 3:00 p.m. Mayor Houston and Cm. Burton checked their schedules and determined that January 18th would work best. Mr. Ambrose stated the location would be determined and an agenda will need to be put together. Council Committee Assiqnments (110~30) Mr. Ambrose discussed several committee assignments that Mayor Houston had left off his list. These were agreed upon and added to the list. Comments from Cm. Barnes re Orientation I610-05) Cm. Barnes stated she wished to thank Mr. Ambrose and his Staff for the great orientation session they put together for her. Commission/Committee Appointments by Mayor (110-30) Mayor Houston stated with regard to his appointments to the Commissions, he will be putting this on the January 9, 1995 agenda. Hopefully, the people he's appointing will be there and resumes will be distributed. CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 388 City Council Meeting Starting Time (610-20) Mayor Houston stated he would like to revisit the issue of starting the Council meetings at 6:30 p.m., and requested that this item be placed on a future agenda. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:45 p.m. k,~ ~City Cle~ CITY COUNCIL MINUTES VOLUME 13 REGULAR MEETING DECEMBER 27, 1994 Page 389