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HomeMy WebLinkAbout04-22-1991 Adopted CC MinutesREGULAR MEETING - April 22, 1991 A regular meeting of the City Council of the City of Dublin was held on Monday, April 22, 1991, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEE (700-10) Planning Director Tong introduced Angie Stepp, the Planning Department's newest employee. Angie filled the position which was vacated by Debbie Farrance, who recently moved out of the state. Angie has prior experience with Alameda County and the City of San Ramon. The CoUncil welcomed Angie aboard. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions' Approved Minutes of West Dublin Joint City Council/Planning Commission Study Session of February 28, 1991 and Regular Meeting of April 8, 1991; Adopted RESOLUTION NO. 34 - 91 AMENDING RESOLUTION NO. 115-90 RELATING TO ANNEXATION NO. 7 HANSEN HILL/BREN CO., PROJECT SITE (620-20) and RESOLUTION NO. 35 - 91 AMENDING RESOLUTION NO. 150-90 RELATING TO ANNEXATION NO. 9 DONLAN CANYON PROJECT SITE (620-20) ^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^.^. CM - VOL 10 -.152 Regular Meeting April 22, 1991 Approved warrant Register in the amount of $663,225.41 Cm. Burton stated that he had reviewed the tape of the Minutes from the West Dublin Joint City Council/Planning Commission Study Session of February 28, 1991 and wanted to compliment the Secretary for the job she did in preparing the Minutes from that meeting. The quality of the tape was very bad. He felt the changes to the Minutes were more comprehensive and thanked Staff for responding to his request. 1992 INTERNATIONAL FOLK DANCE FESTIVAL REQUEST FOR CITY SPONSORSHIP (950-40) Recreation Director Lowart advised that the Folk Dance Federation of California has requested that the City sponsor the 1992 International Folk Dance Festival scheduled for May 22-25, 1992. The City has been requested to waive the fees for use of School District and City facilities, and to provide printed materials which would include concert program, general program and promotional flyers. Ms. Lowart presented a listing of the facilities requested and their times of usage. Facilities include the Dublin High School Gymnasium, Cafeteria, Little Theater and Locker Rooms and also Shannon Center. The School District provides the fee schedule, even though the City schedules the use. School District facility fees associated with this request equal $1,285.98. Ms. Lowart pointed out that while the City Council does not have the authority to waive the fees for use of District facilities, if the City were to sponsor the festival, the fees would be waived. With regard to the use of Shannon Center, Ms. Lowart advised that the social hall cannot be reserved more than one year in advance. Although the Folk Dance Federation of California, Inc., is a non- profit organization, the group does not meet the residency requirement in order to qualify for the non-profit rate. The room use fees (9 hours) for the social hall at Shannon Center would be $675. Ms. Lowart advised that the estimated cost for City sponsorship of this event would be approximately $1,336 and does not include loss of rental revenue for Shannon' Center. While the festival will have an economic benefit to the City, Ms. Lowart pointed out that the City is starting to receive an increased number of requests for fee waivers for similar types of events. Cm Jeffery questioned the printing cost item. Ms. Lowart explained that the host agency usually provided the printing of the programs and any promotional materials for the event and $1,000 was just an estimate. CM - VOL 10 - 153 Regular Meeting April 22, 1991 Milly yon Konsky, 11468 Dillon Way, General Chairperson for the statewide 1992 International Folk Dance Festival event, addressed the City Council. The event would take Place over Memorial Day Weekend 1992. She gave a brief introduction of the Folk Dance Federation of California and explained that by having Dublin host the folk dance festival, it would increase the cultural awareness for the City of Dublin, as well as the entire Tri-Valley area. She showed examples of flyers that were used to promote past Folk Dance Festivals as an example of what the printing costs would provide. She gave.a brief overview of the schedule of events for the Festival, as well as the estimated expenses. All local interested persons would be welcomed to attend as observers or participants. She loves Dublin and is very proud of the City and the new Civic Center and she would be most proud to bring this important multi-cultural, statewide event to Dublin. Anna Marie Stephens, Dublin school teacher, noted that within the last 10 years, our population has begun to include many different ethnic groups. The new students are often exposed to only .American dances and songs, so most schools are trying to make an effort to include other cultures within their programs. This event would allow people of other cultures to participate, perhaps even in their native dress, and provide for them a wonderful, accepting environment. It also would provide an excellent opportunity for the classroom teacher to receive instruction in how to teach some of the dances. Cm. Burton questioned what the participation of local citizens would be and what the cost would be for them. Ms. yon Konsky responded that if they were folk dancers, they would pay the same fee as out of town guests, if the person was an obServer, there would be no charge, but if they participated in the different events, there would be a nominal charge depending on the particular event. Cm- Moffatt questioned how much revenue was anticipated to be made from the event for the organization. Ms. von Konsky advised that she was not sure. There will be different charges for the different events, ranging from $3 to $6. Last year the event was held at Fresno State with an $8,000 budget and they went over the budget by $200. Ms. Lowart questioned if the fees that are assessed to the workshop participants are only charged to off-set the costs. This event was not to generate revenue for the Federation. Ms. von Konsky confirmed that this was true. Cm. Moffatt questioned what would happen if there was extra money. Ms. yon Konsky responded that if there was any extra money, the Federation would use it to promote research and continue the purposes of the Folk Dance Federation. CM - VOL 10 - 154 Regular Meeting April 22, 1991 Cm. Moffatt asked if the barbecue was free or if there would be a charge. Ms. yon Konsky responded that there would be a charge of approximately $8.00. Mayor Snyder questioned the liability exposure to the City if the City sponsored the event. Mr. Rankin responded that it is not uncommon for insurance policies to be limited to participants, as opposed to spectators, and whether or not the policy actually covered the entire event would be another question. The City's coverage through the City's insurance pool required that the City sponsor the event. It cannot be a jointly sponsored event. If the City was designated as the primary insured on the Federation's insurance policy for this event, it would not guarantee that at some point in time the City might not be found liable or have some expense. Cm. Snyder questioned Ms. von Konsky as to what would happen if the City was not the sponsor. Would the event be profitable enough to go forward? Ms. yon Konsky responded that she would have to go back to the Executive Board and discuss the event with them. Cm. Jeffery commented that Dublin has of late achieved quite a reputation for supporting the Arts. This would be another way to do that and it would be something that has not been done before in the Performing Arts. This could be good for business. The transiency occupancy tax would almost cover the expense to the City. Cm. Moffatt indicated that this would be an economic promotional event and it was important for the Council to get involved. He questioned if this could not become a private/public joint endeavor including the Chamber of Commerce; as he would like to see the whole City get involved. Ms. von Konsky responded that in the past, other Chambers of Commerce have become involved by supplying name tags, advertising and even providing printed material. Cm. Moffatt felt that this was a unique situation for the City of Dublin. Ms. yon Konsky responded that Howard Johnson's had agreed to reduce their rates for the Federation event. Cm. Burton commented that he has been very enthusiastic about the concept and he complemented Ms. yon Konsky for her presentation and he is pleased to be here in Dublin and watch it evolve. He congratulated Ms. yon Konsky for being'Chairperson of the Event and thanked her for bringing the event to Dublin. CM - VOL 10 - 155 Regular Meeting April 22, 1991 Mayor Snyder asked Staff if they had enough information about the proposal and the City's inVolvement in it. Mr. Ambrose responded that the City Council can waive the policy, but it was still a policy. We charge a fee based on a pre-established policy. Staff needed direction, and he felt that the entire policy should be brought back to the Council for examination. Mayor Snyder felt the Council needed to examine the total program so that it could understand what the total program involved. Mr. Ambrose responded that there were a lot of groups that sponsor events such as our local soccer group. Many were regional events that bring in teams and people from all over the area, but the fees were still charged based on the City's current policy. Maybe the amount of total revenue these fees bring to the City each year and its impact on the overall budget should be examined. Would the Council like to waive fees for those types of events or perhaps examine them on a case by case basis? Cm. Jeffery wanted to point out that the City has already done a lot of support in regards to the sports groups within our Budget and, as far as the Arts and the other kinds of things that are part of the quality of life for this City, we do not have those specifically budgeted. This was a way it could be done. Cm. Moffatt wanted it noted that this was a unique situation, an opportunity to enhance the cultural welfare for all the people in Dublin. Mr. Ambrose indicated that he was not responding to the Council's action this evening in regards to this item, but that Staff needed direction as to how to respond to future groups that requested a waiver of fees. Mayor Snyder felt that the concept was great, but that there was not anything that was an actual firm program. He would feel more comfortable if it came back to the Council so that they could really understand what they were going to do. There was a question as to the insurance relationship between the City and the Folk Dance Federation. When the City became the sponsor, the City became a liable party. Cm. Jeffery asked how the insurance worked when we sponsored the Shamrock Festival. Ms. Lowart responded that technically the City was never a sponsor of the Shamrock Festival. The City was involved at a Staff level, but none of the publicity said the City was a sponsor. Cm. Jeffery asked if this would be the first time we used the word "sponsor" and therefore, that would change the issue of insurance. CM - VOL 10 - 156 Regular Meeting April 22, 1991 Mayor Snyder affirmed that if the City was the sponsor, the City has a different level of responsibility and a different level of direction relative to the Folk Dance Festival. Cm. Jeffery suggested that the insurance issue be brought back to the Council, but have the Council apProve the sponsorship of the Festival. Ms. Lowart suggested that the Council approve the request in concept and let Staff bring a detailed outline of the program back to the Council. Cm. Burton felt that if insurance was the problem, it could be solved separately. Insurance was available. Mayor Snyder wanted to know where the City responsibility ended and where would the Folk Dance Federation responsibility start. People would be coming to the City because the City was the sponsor. The Folk Dance Federation was providing an event for the community, but the City was the sponsor. This would be different from when an organization was renting facilities for an event from the City. Cm. Howard asked what was the difference between the City sponsoring the event and the City being involved. Do we have to say the City was sponsoring it? Could we just say we were involved, as we were with the Shamrock Festival? Mr. Ambrose explained that the City could not waive the School District's fees unless the event was City-sponsored. Cm. Jeffery asked if it would make a difference if the event was City co-sponsored. Mr. Ambrose responded that another option would be to ask the School District to waive its fees. The School District has the ability to waive their fees. Cm. Jeffery suggested that the School District could be invited to help sponsor the event. Mayor Snyder felt that the word "sponsorship" makes a big difference. Cm. Jeffery felt that the word "sponsorship" can have different connotations. What the Federation would like the City to do was sponsor the space and the printing and that was all she heard them ask for. So all that needed to be done was settle the insurance issue. On motion of Cm. Jeffery, seconded by Cm. Burton , and by unanimous vote, the Council approved the sponsorship of the International Folk Festival with the City providing the dollars requested, and the insurance issue will be examined at a different meeting or if it can, it will be handled outside of the meeting. CM - VOL 10 - 157 Regular Meeting April 22, 1991 PUBLIC HEARING AMENDMENT TO DUBLIN SWIM CENTER FEE SCHEDULE (950-20) Mayor Snyder opened the public hearing. Recreation Director Lowart advised that a fee schedule was adopted in April of 1988 for the Swim Center. Fees were adopted for single admission, swim passes and family passes to help offset the cost of operating the Swim Center. Staff estimated that net costs to the City for Fiscal Year 1990-91 for operation of the Swim Center would be $100,169. A survey of swimming fees was presented for the surrounding area. Staff recommended that the single swim fee for youth be increased from $.75 to $1.00 and the swim pass for youth be increased from $7.50/15 to $10.00/15. The family swim pass recommended increase is from $75 to $85. The cost to operate the Swim Center has increased over the past three years although the admission price has not increased. Cm. Moffatt asked what the revenue was last year from the Swim Fees. Ms. Lowart responded that it was approximately $18,.000 for just admission fees. Cm. Burton asked what affect this change would have in reducing the cost of maintaining the pool. Ms. Lowart explained that the bulk of admissions to the swimming pool was in the youth age group so it was anticipated that an additional $2,500 to $3,000 revenue would be generated with the increase in fees. The market for admission fees for the pool would not really allow for the fees to be raised much more than requested. Cm. Burton stated that the fee raise would not make the pool self- sufficient. Why do it because everyone else was doing it? Ms. Lowart explained that the fees have not been raised by the City in three years and previous to that, they were the same as the District for three to four years. It would be one way to generate a little more revenue. Zev Kahn stated that although the raise in fees was quite small in the overall cost, he felt that one of the major activities of the City should be to provide activities to all members of the City regardless of the age group. Particularly with the youth age group, it was difficult enough to find things for them to do so that by increasing the costs to this certain age group might not allow them to be able to use the facility. He strongly suggested the increase not happen because other cities were doing it. The $2,500 could easily be made up with other funds. A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~ CM - VOL 10 - 158 Regular Meeting April 22, 1991 Mayor Snyder closed the public hearing. Cm. Moffatt pointed out that whether the pool was used or not, that there was still a certain cost involved in maintaining the pool. Although the individual admission for youth was being increased, the swim pass for youth (being 15 passes/S10) would give the youths a 7 to 7 1/2% discount. They would get more for their money if they purchased the swim passes so from that standpoint he was in favor of the increase. Cm. Howard felt that by raising the fees we might reduce the number of the kids from the San Ramon area using our pool. She felt that the raise in fees did not off-set the costs enough for her to vote for it when it could be the only activity the youth have that was athletic during the summer. Cm. Burton felt that the increase was not significant enough in changing the costs and if it affected any attendance, it could cause a psychological problem with kids thinking they could not afford it, so he felt it was not wOrth the increase in fees. Cm. Jeffery stated that it was a cliche to believe that 25 cents was going to keep people from. coming; it wasn't. Most of the kids would have a dollar in their pocket when they walked up to pay anyway. She felt it would not make a difference, the kids would still attend. She felt it was wrong for them to say that there would be a lot of kids who could not afford it without some research being done. Cm. Burton questioned whether $2,500 was significant enough to make an issue of it. Cm. Jeffery felt the City should try to recover as much costs as they could within reason because that allowed the City to have the dollars to do other kinds of programs where they could make a difference. If you made something too inexpensive, then there would not be the respect for that particular pool or facility or whatever. Mayor Snyder stated that the City did have a responsibility to try to maintain some level of return to try to maintain the program. On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by a majority vote, the Council adOpted RESOLUTION NO. 36 - 91 AMENDING THE FEE SCHEDULE FOR THE DUBLIN SWIM CENTER Cm. Burton voted against the motion. A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~ CM - VOL 10 - 159 Regular Meeting April 22, 1991 PUBLIC HEARING ORDINANCE INCREASING CITY COUNCIL SALARIES (700-20) Mayor Snyder opened the public hearing. City Manager Ambrose advised that this Ordinance was prepared in accordance with Dublin's Municipal Code and the Government Code which allowed an increase in Councilmember salaries, not to exceed 5% for each calendar year. This Ordinance would provide for a 5% increase for calendar year 1991; this would be an increase of $19.14/month; however, incumbent Councilmembers would not be eligible to receive the increase until after the November, 1992 election. The City Council's present monthly salary is $382.88. Mayor Snyder closed the public hearing. Cm Jeffery asked what you could buy for $19.00. Cm. Burton responded a dinner. On motion of Cm. Moffatt, seconded by Cm. Jeffery , and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance providing for an increase in the salary for members of the City Council. DROUGHT RESTRICTIONS - STATUS REPORT (1000-80) Public Works Director Thompson provided an update regarding drought- related items that have taken place since the last Council meeting on April 8th. The Staff Report discussed DSRSD's Board meeting which was held on April 16th. The State had not yet announced the final water allotment to the Zone 7 Water District pending their snow pack survey. The public hearing for the revision of the DSRSD Code regarding the unauthorized use or waste of water was continued until May 7th in order to obtain additional information and to request input from local builders and builder groups. The requirement related to recycled water appeared to be extremely costly and in addition, the sewer plant did not have the ability to load trucks with recycled water if the demand became very high. Mr. Thompson concluded that if the public did a good job of volunteer rationing, then the City might not have to go to the other stages of rationing, Phases 2 & 3, which would be mandatory. Mr. Thompson advised that if the street sweeper was required to use recycled water, he would have to drive to the plant approximately 4 times per day while sweeping. This could potentially cost the City an additional $10,000 per year and would save only the estimated CM- VOL 10- 160 Regular Meeting April 22, 1991 equivalent of I household's water use. DSRSD would need to check with the County Health Department to see if secondary treated water would be allowed to be used. Mr. Thompson discussed the use of recycled water at the Dublin Sports Grounds. Mr. Thompson pointed out that DSRSD's water rates were the highest in the Valley. Mr. Thompson summarized that water re-use was a good idea from an environmental standpoint. The use of recycled water at the Dublin Sports Grounds should be pursued for future years if an economical method of financing could be implemented. Cm. Jeffery asked if we could bring water to the Dublin Sports Ground, then would it be feasible for the construction people to also pick up their water at that location rather than have to go over to Pleasanton. Mr. Thompson responded that a pipe could be extended so tanks could be filled with water. Cm. Jeffery asked if the well water issue had been explored. Mr. Thompson explained that no test wells had been created as yet. One would need to be drilled to see if the water was there and it met our needs. If this was done, Shannon Park would be the first. Cm. Jeffery asked if the construction projects in Dublin could use this well water. Mr. Thompson agreed that some of the big projects would be moving millions of yards of dirt, but the prospect of running hundreds of trucks through town to load up with water would not be advisable. It would be better if the water could be available closer to the sites. Cm. Jeffery suggested that it would be better if these construction projects could dig a well. Mr. Ambrose explained that there would be no mass grading this summer. Cm. Jeffery questiOned whether we have checked with Zone 7 regarding the drought issue and the state regulations that caused us to lose a year's supply of water when they dumped it from the reservoir. She wanted to know if the regulations have been changed so that they do not do it again. She felt that a letter should be sent in regard to the regulations and also ask when the pumps will be installed so that we can get down to the water that has been in storage. Mr. Thompson responded that the dumping of the water was a bureaucratic mix-up that started when the reservoir reached a certain level, it had to go. That becomes an issue between the State and Flood Control. Zone 7 needed it for potable water. A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~ CM - VOL 10 - 161 Regular Meeting April 22, 1991 Cm. Jeffery asked when Zone 7 would be putting in the pumps. Mr. Thompson responded that he felt it wasn't so much the pumps as the size of the well. Zone 7 was starting to dig some more wells. DSRSD was going to dig another well in Pleasanton, where they felt there was some good water. Mr. Ambrose indicated that Staff had met with DSRSD on Friday and received a draft proposal, which DSRSD had not reviewed with their Board as yet. He felt that we needed to explore other options such as the possibility of using wells so the Council could find the most cost effective means of watering the Sport Grounds. Cm. Burton stated that conservation and recycling was going to have to become a way of life for residents of Dublin and it was going to cost and be inconvenient. He asked why the cost of water differed in Dublin from other cities, with Dublin paying from 25% to 30% more? Mr. Thompson explained that two of the utilities have their own wells which they mixed with water which only cost them the electricity to pump it out of the ground and their water provider was only trying to cover operating costs, but they probably would be increasing their fees soon. Cm. Burton wanted to know if Zone 7 were just retailers, why did it cost us 30% more to get water. Mr. Ambrose responded that we were told that DSRSD included depreciation of their existing distribution system within the water rates, which apparently was not done by other agencies. Cm. Burton stated that recycling of waste water was high on his priority list. Sources for the street sweeper and people that needed to use water could be provided. An effort was going to have to be made to conserve water. Mr. Ambrose responded that the reason that Staff wanted to bring other alternatives to the Council was that the proposal would have locked the City into a ten year commitment to recycle. Cm. Moffatt asked if the median strips were being watered with recycled water. Mr. Thompson indicated that the City was meeting the 25% reduction imposed by DSRSD by cutting back on watering all the parks by 35%. He anticipated that voluntary cut backs might get us through the drought crisis without having to go to mandatory rationing. Cm. Moffatt questioned the increase by DSRSD from $1.07/100 cubic feet to $1.26/100 cubic feet, which was a 16% increase. With this increase in money, could they supply the recycled water here in Dublin rather than supply it over in Pleasanton? Could they also dig another well locally? CM - VOL 10 - 162 Regular Meeting April 22, 1991 Mr. Thompson responded that the City had been told by DSRSD that the wells that they did have here in Dublin were not very good producers, so they were planning to dig a well in Pleasanton. Mr. Thompson also indicated that DSRSD's income would be going down by 25% to 30% due to the reduction of water use. Most of their costs were fixed. Cm. Moffatt felt that DSRSD has an obligation to deliver water to the City of Dublin. He wanted to know was it potable water or recycled water. For a price, would they be able to deliver water to the City of Dublin, i.e. wherever the City of Dublin wanted it for the same or less price. Mr. Thompson explained that recycled water had to be filtered more so the rates for recycled water would go up. Much of the cost is also incurred by the transporting of the water. Mr. Ambrose explained that just to build the pipe from here to the treatment plant was $165,000 and the balance of that $385,000 was the cost of purchasing and installing the equipment. If the amount was financed, debt service occurred. Cm. Moffatt stated it seemed to him that the City of Dublin has the most expensive water system in the Valley, so DSRSD has an obligation to the people who live in the City of Dublin to supply water at a reasonable price. Cm. Jeffery responded that DSRSD was doing something that was prudent, which the City of Dublin also has done, and that was preparing for the future by collecting dollars to use to eventually replace the pipes the water was running through. Cm. Moffatt wanted to know when they were going to start replacing the pipes. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council agreed to: 1) Submit letter to DSRSD Board recommending that street sweeping equipment not be required to use recycled water due to the poor cost/benefit ratio and if construction grading work is required to utilize recycled water, that the requirement be lifted following the drought; 2) Advise DSRSD Board that the Dublin City Council has been. and continues to be interested in exploring the use of recycled water at the Dublin Sports Grounds; 3) Direct Staff to enter into negotiations with DSRSD Staff to develop an agreement for the City's use of recycled water to irrigate DSG, providing that a) the water be clean enough to meet health standards for body contact and b) a method of financing the Capital and operational expense be determined through a water rate surcharge, the sale of water to the City, outside grants and/or District facilities charges so that the cost of water to the City would be approximately the same as or less than the cost of potable water; 4) Request DSRSD CM - VOL 10 - 163 Regular Meeting April 22, 1991 to define a 25% voluntary cutback for the City of Dublin as a customer. On motion of Cm. Jeffery, seconded by Cm. Burton, and by unanimous vote, the Council directed Staff to send a letter to the appropriate agency inquiring what is going to be done about changing the regulations that allows dumping of water in the reservoir and a schedule for pumps being installed so ground water can be retrieved. Cm. Burton questioned whether it was a State regulation rather than a Zone 7 regulation. Mayor Snyder confirmed that it was a State regulation. Cm. Burton agreed that we should complain that they had dumped enough water that could have been used to serve the City of Dublin. USE OF PUBLIC FUNDS FOR PRIVATELY DEVELOPED TOLLWAY FACILITIES SUPPORT OF SB 144 OPPOSING (660-40) Public Works Director Thompson advised that %asr year, the State Legislature passed Assembly Bill 680, which alloWed private toll roads to be constructed with public funds. It allowed the Department of Transportation to test the feasibility of building privately funded transportation facilities by developing four demonstration projects, a minimum of one being in Northern California and one in Southern California. Mr. Thompson advised that one of these toll roads has been proposed for a corridor from Pleasanton through Livermore, and north to Vacaville. CalTrans has entered into an agreement with a private consortium to utilize the State's police powers to obtain rights-of- way, as well as to set up other procedural matters to construct, maintain and operate the facility. Senators Lockyer and Boatwright and other legislators felt that AB 680 was set up to allow private funding only on these demonstration projects and have introduced SB 144 to prohibit the use of public monies on these private toll roads. Mr. Thompson discussed potential means for the consortium to obtain public funds. Mr. Thompson stated that Staff felt that taking a position on this matter at this time was premature and recommended that the Council defer the decision to support or not support SB 144 until additional information was available. Cm. Burton commented that he had heard Senator Lockyer give an impressive presentation, but he was not sure it was viable if they did not have some public financing included. Senator Lockyer felt it CM - VOL 10 - 164 Regular Meeting April 22, 1991 would affect the type of people using the freeways vs. people having to use the back roads so that it could become a social issue. Cm. Jeffery asked why this item had been put on the agenda now since we did not have the necessary information. Cm. Moffatt stated Senator Lockyer's concern of selling air space on a 3 mile basis for $1/year to the private sector for ~a hundred years. This allowed the private sector to control any commercial venture within this area and this could create a major problem as far as land uses of that particular area. Whoever negotiated this particular contract had their heads in the sand. Cm. Burton agreed that three miles was ridiculous, as three miles was not even given for freeways. He felt it was premature to consider this issue. Mayor Snyder felt that there would be a lot of dialogue before this issue was resolved. Cm. Jeffery stated that it was her understanding that SB 144 only covered the issue of putting public funding into a toll road. It was going to take a lot of study before the Council could take an position on it. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council agreed to defer without prejudice a decision related to support or non support of SB 144 until more information becomes available. OTHER BUSINESS TVTC (1060-40) Mr. Ambrose reminded the Council that on April 24, 1991 at 4:30 p.m. the Tri-Valley Transportation Council would hold a meeting at the San Ramon Library. BUDGET (330-20) Mr. Ambrose reminded the Council that any equipment or supply needs of the Council to be included in the 1991-92 Budget should be returned to the City Manager's Office by April 26, 1991. PARADE (950-40) Cm. Jeffery stated she was looking for addresses of veterans in the community that served in Desert Storm so they could be contacted about CM - VOL 10 - 165 Regular Meeting April 22, 1991 the Hometown Heroes Parade. uniforms, were also welcome. Other veterans, if they wear their Cm. Howard asked if families could marCh in the parade. Cm. Jeffery assured her that they could, but they needed to fill out a form. Cm. Howard explained that she had been cross referencing the names through the phone book and through records at the high school. Cm. Jeffery requested that our new fire truck be in the May 18th parade. Mayor Snyder asked Kim Sockwell from the Herald to put an article in the paper stating the need for addresses of veterans. CARNIVAL ( 41 0- 20 ) Mayor Snyder expressed his displeasure in regard to an appealable action letter received from an organization in Pleasant Hill, which annually used one of our shopping center's to hold a fund raiser. He felt it was not appropriate for someone 20 miles away to impact our community with fundraising events where the City~ assumed the responsibility of policing the event, but did not benefit from the revenue generated from the event. He asked if there was any interest on the part of the Council in reviewing this situation and if there was no interest, he would let the idea drop. Cm. Jeffery asked if a fee such as a business license fee could be charged if they were non-residents? Cm. Burton felt that $50 was not going to make a difference. Mr. Ambrose felt they might fall in the category where there were exemptions because they were non-profit. Cm. Jeffery suggested that a letter be sent to the shopping center indicating that it might be better if a local group or the shopping center themselves sponsored the carnival. She felt that the carnival would bring people to Dublin who might spend money in the surrounding stores and be good for our businesses, too. She asked if a group could be denied sponsoring a fund raising event in our City. Ms. Silver explained that an Administrative Conditional Use Permit did not include financial considerations, but instead looked at the land use in the form of traffic, noise, and parking problems. A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~ CM - VOL 10 - 166 Regular Meeting April 22, 1991 SOUND SYSTEM (200-20) Cm. BUrton asked if something could be done to improve the audio system in the Regional Meeting Room. Tape recordings from meetings held in that room were inaudible. CLOSED SESSION (640-30) At 9:27 p.m., the Council recessed to a closed executive session to discuss: 1) Personnel - Government Code Section 54957; 2) Pending Litigation - Government Code Section 54956.9(a) - a. City of Dublin v. JMH, Inc., et al. b. City of Dublin v. Schaffer c. PIM Electric v. City of Dublin et al. d. Olympia Drywall v. City of Dublin et al. e. City of Dublin v. County of Alameda et al. (Measure D) f. William Casey v. Stacey Lee Smith et al. (City of Dublin) ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:48 p.m. ATTEST: ~ty-Cl%rk A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~A~ ~M - V0~ 10 - 167 RegUlar Meeting April 22, 1991