HomeMy WebLinkAbout04-08-1991 Adopted CC MinutesREGULAR MEETING - April 8, 1991
A regular meeting of the City Council of the City of Dublin was held
on Monday, April 8, 1991, in the Council Chambers of the Dublin Civic
Center. The meeting was called to order at 7:40 p.m., by Mayor
Snyder.
ROLL CALL
PRESENT:
ABSENT:
Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor
Snyder.
None.
* * *
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and those present in the pledge of
allegiance to the flag.
INTRODUCTION OF NEW POLICE PERSONNEL (700-10)
Chief of Police Captain Jim Rose introduced his department's newest
Patrol Officer Deputy Bruce Rank, who has 8 years experience with the
Sheriff's Department. He comes to Dublin from the Criminal Division
of ETS where he was a Hostage Negotiator.
Deputy Rank stated he was happy to be the newest member of the Dublin
Police Services and introduced his wife.
The Council welcomed Deputy Rank to Dublin.
PROCLAMATION - NATIONAL LIBRARY WEEK (610-50)
Mayor Snyder read a proclamation declaring April 14-20, 1991 as
National Library Week. He encouraged all residents to use their
public library to help their children read and succeed.
Cm. Burton, who serves on the Library Commission stated he would
deliver the proclamation to Rayme Meyer.
PROCLAMATION - EARTHQUAKE PREPAREDNESS MONTH (610-50)
Mayor Snyder read a proclamation declaring that the month of April is
Earthquake Preparedness Month and urged all citizens to enhance their
knowledge and awareness of proper safety measures to follow before,
during and after an earthquake.
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Regular Meeting April 8, 1991
Mayor Snyder read a proclamation declaring the week of April 14-20 as
Dublin Pride Week and urged all Dublin residents to use this
opportunity to spruce up and enhance the quality of life within our
community. Saturday, April 20th will be one of the four free Citywide
trash pick-up days for residential garbage customers in Dublin.
Mayor Snyder stated that all the schools will be participating in some
poster work which will be on display in the community.
Cm. Burton, having won the first Clean Sweep Award, questioned if
there was a committee working on this.
Mayor Snyder stated he was trying to get in touch with Bob Brown from
the Herald to find out how they want to proceed. Coordination is
needed.
Dublin Little League Request C280-30)
Dale Skinner with Dublin Little League addressed the Council and
stated he thought their item would be on the agenda this evening for a
decision on the baseball field at Murray School.
Mr. Ambrose indicated that at a previous meeting, the Council took
action to delay a decision until the School District considered it and
the City would consider it with the update to the Capital Improvement
Program.
Mr. Skinner felt that nothing firm had been decided in this matter.
The School Board has given them the okay to use the field at Murray
School, and indicated they would be more than happy to cooperate.
Mr. Ambrose stated there were 2 issues involved. The first issue is
would the School District permit this use and the second issue is one
of timing, which is completely separate. It will be considered at the
time of the update to the CIP. The renovation project, at this time,
is based on the current CIP. Tomorrow night, the Park & Recreation
Commission has invited all users of both school and park facilities to
a public hearing to get input on priorities which the City Council
will consider when it updates the CIP. The Park & Recreation
Commission meeting will be an opportunity for all groups to have their
requests considered.
Mr. Skinner stated he felt their sitUation was being ignored. The
School District has authorized them to use the field and Dublin Little
League is offering all the volunteers in the world and he felt the
City Council should give grave thought to pushing this through. This
should be given immediate action.
Mr. Ambrose explained that the City Council deferred consideration of
this project until such time as the CIP update is considered for
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Regular Meeting April 8, 1991
Fiscal Year 1991-92. Minutes of the last' Council meeting were
referenced and Mr. Ambrose read the motion which was made.
Mr. Skinner stated he wanted some action now. Kids are playing ball
now with a Mickey Mouse schedule. They have no diamonds to practice
on and this extra fiel~ will be an excellent place for them to
practice. It will help to keep kids off the streets.
Mayor Snyder stated there seems to be a difference of opinion related
to what the School District is willing to do.
Mr. Skinner stated the School Board does not feel this is something
they would deal with, but rather referred it to their Staff.
Mr. Ambrose advised that Recreation Director Lowart has been working
directly with the School District.
Mr. Skinner stated he was not aware that this issue was going to be
considered at the last Council meeting.
Mayor Snyder advised that the Council felt that if the high school
fields renovation were delayed, this would relieve the pressure
somewhat.
Mr. Skinner stated the situation is field shortages. As far as
shutting the high school fields down, this would have devastated them.
The problem~ however, is still there. A lot of parents got fed up
with the past Little League Board. They now have recognized a problem
and have come to the City. The City deferred them to the School
Board. Now they are back at the City asking for a simple yes or no
for this season. He asked if the City was going to cooperate with
Little League to get them a place to play or are they going to wait
and blow $30,000 more than they need tOo
Mayor Snyder advised that the City Council must go through the CIP
process. The action taken by the Council was to defer this request
and put it in the CIP at update time. There is little chance that
anything will happen before the end of June.
City Attorney Silver advised that the City Council cannot legally take
action on items that are not on the agenda. They cannot vote again at
this meeting. They have already taken action on this item.
Mr. Skinner stated he felt this was bunk.
Ms. Silver advised that Dublin doesn't just make up these rules. This
is State Law.
Mr. Ambrose apologized for any misunderstanding and clarified that the
City Council has indicated that they will not consider this out of
priority order. If the amount exceeds $5,000, it must go out to
competitive bid and even if it were approved at the last meeting, the
likelihood of finishing it this year would be very slim.
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Regular Meeting April 8, 1991
Mr. Skinner stated he did not think this was so.
Mr. Ambrose advised that the City has done a lot of projects.
Mr. Skinner questioned why he wasn't told this a month ago. He felt
he was having to go through unnecessary bureaucracy.
Mayor Snyder again stated he thought delaying the renovation of the
high school fields would take the pressure off this season.
Cm. Burton stated he questioned the Little League people related to
the use of the high school fields when they came. before the Council
with their request. The drought situation was under consideration at
that time, also.
Mayor Snyder stated that even though everyone would like to wave a
magic wand, nothing was going to happen this evening. An attempt is
being made to secure the Kodak fields; he and Cm. Jeffery are working
on this. Also, Staff is working with Camp Parks to try to secure
playing fields.
Mr. Skinner stated he appreciated this help, but he still felt this
was being tied up in the bureaucracy.
Mayor Snyder pointed out that Dublin Little League is only one entity
in the community. All 50 of the organizations feel they are equally
important. The Council must consider what's best in the long run for
the community.
Mr. Skinner stated he was very disappointed that the City wasn't able
to help the kids with a field this year. A lot of kids and parents
will be disappointed.
Cm. Moffatt asked if they could contact the School Board and offer all
this volunteer labor to fix up the field.
Mayor Snyder advised that the City coordinates this.
Cm. Jeffery suggested that his group attend the Park & Recreation
Commission meeting on Tuesday night.
CONSENT CALENDAR
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the CoUncil took the following actions:
Approved Minutes of Regular Meeting of March 25, 1991;
Reviewed the performance of Tri-Valley Community Television and
authorized final payment ($22,500) of Fiscal Year 1990-91 funding
(1050-50);
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Regular Meeting April 8, 1991
Authorized Staff to issue a Request for Proposal for Audit Services
(310-20), with the firm of Maze & Associates Accountancy Corporation
to be excluded from submitting a proposal;
Accepted the City Treasurer's Investment Report for Period Ending
March 31, 1991 (320-30);
Accepted the Finance Report for Period Ending March 31, 1991 (330-50);
Approved Warrant Register in the amount of $365,424.80.
Cm. Burton requested that the minutes of the West Dublin Study Session
be removed from the Consent Calendar for discussion. He stated he
felt the minutes were biased and prejudicial in reporting the
discussion on the Cronin property. The quotes that were put in appear
to indicate that the Cronin property was not acceptable and had many
problems and the McKissick project was acceptable. At the top of page
108, the minutes indicate that he had concerns regarding the
visibility of the project. He also asked about roads, and this was
not in the minutes.
Mr. Ambrose advised that Planning Secretary Gail Adams certainly did
not look at taking the minutes in a prejudicial manner.
Cm. Jeffery stated she may have been the one to express concerns
related to the visibility.
Cm. Burton made a motion, which was seconded by Cm. Jeffery to approve
the minutes as written, but with his concerns going on record. The
notes were on the board and Staff should listen to the tapes for
clarification.
Cm. Jeffery stated the City should not have minutes like the DSRSD
Board° They're not intended to be verbatim, but just to get the gist
of the meeting.
Cm. Burton withdrew his motion and Cm. Jeffery withdrew her second to
the motion.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
voter the Council continued the minutes of the February 28, 1991 West
Dublin Joint CC/PC Study Session to the next Council meeting in order
for Staff to review the notes and tapes.
Cm. Moffatt requested that the Drought Report be pulled from the
Consent Calendar for discussion. He indicated he had received
concerns from people who want to know if there is or isn't
restrictions in water use. Are we on a mandatory usage? People are
questioning if the parks are being watered too much and are also
complaining regarding the water runoff down the median strips. Are
pool builders still trying to build pools? He asked for a summary of
the DSRSD meeting and if anything was decided.
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Regular Meeting April 8, 1991
Public Works Director Thompson advised that DSRSD implemented Stage 1.
On April 16th, they will have further word from the State regarding
what their allocation will be.
Mayor Snyder felt it was important for people to understand that there
really isn't a water shortage, but rather they don't have the pumping
power to pull the water out of the ground. The water is there if they
had enough wells to get to it.
Mr. Thompson advised that the water usage at the parks is being
monitored. There was discussion at the Board hearing related to
reducing household usage by about 20 gallons per day and using this at
the parks. The feeling was that as people maintain their yards less,
they will use the City's parks more.
Discussion was held related to watering the median strips with
reclaimed water. Mr. Thompson advised that the City is pricing water
trucks. You do lose a lot of water this way, however.
Cm. Moffatt asked if any discussion had taken place relative to car
wash businesses and pool manufacturers.
Mr. Thompson indicated that the Board has said they do not want any
businesses to go out of business because of the drought. The 3 car
washes in town all recycle their water. Talks are continuing
regarding pool construction and also car washes.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous
vote, the Council received the Status Report on drought restrictions
including an update of actions taken by DSRSD as a result of proposed
water rationing (1000-80) o
PUBLIC HEARING - CHEVRON CONDITIONAL USE PERMIT/
SITE DEVELOPMENT REVIEW AT 5933 DOUGHERTY ROAD PA 90-066 (410-30)
Mayor Snyder opened the public hearing.
Planning Director Tong advised that this public hearing was continued
from the March 11, 1991 Council meeting at the request of the
Applicant.
Mr. Tong advised that as a condition of approval for this project, the
Applicant will be required to dedicate to the City right-of-way
required for the ultimate improvements along Dougherty Road and Dublin
Boulevard Extension on the project site. Because the Applicant is
still working with the City to determine the amount of right-of-way
required to be dedicated, the Applicant has requested another
continuance to the April 22, 1991 Council meeting. Staff felt this
may not be sufficient time and therefore recommended continuance for
an indefinite time. The item will be renoticed for public hearing.
Cm. Burton questioned what the problem was that was holding it up.
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Regular Meeting &pril 8, 1991
Mr. Tong advised that their survey does not legally close; it is off
by a couple of feet.
No comments were made by members of the public relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous
vote, the Council continued the item to an uncertain date.
JAIL BOOKING FEES - CONSIDERATION OF FILING
NOTICE OF DISPUTE WITH ALAMEDA COUNTY (640-30)
Assistant City Manager Rankin advised that on February 25, 1991, the
City Council authorized participation in a Joint Powers Agreement to
secure legal services to join with other agencies in Alameda County to
challenge the Jail Booking Fees imposed by Alameda County pursuant to
SB 2557. Alameda County has granted all agencies until April 30, 1991
the right to file a suit related to the legality of fees levied for
Jail Booking°
Mr. Rankin advised that Dublin received its first invoice on March 12,
1991 for Jail Booking Fees which covered a period from July 1, 1990
through February 28, 1991. If the City does not issue a Notice of
Dispute, the County is authorized to deduct any delinquent amounts
from revenues owed to the City.
Mr. Rankin advised that SB 907 identifies the right of the City to
dispute the amount which has been invoiced. If the dispute is
resolved in favor of the County, the City would owe interest on the
amount billed which is calculated at 10% per year. Mr. Rankin
explained that the potential monthly penalty to the City of Dublin is
approximately $209.47, with a net monthly cost to the City of $41.90.
This Notice of Dispute must be filed by April 11, 1991. The City has
reviewed the invoice and identified certain technical errors with the
billing. Therefore, a statement of the technical inaccuracies has
been added to the proposed City of Dublin Dispute Notice.
Cm. Burton questioned why the invoices for jail bookings for October,
1990 were all for partial bookings.
Mr. Rankin advised that this is a discrepancy that Staff has not been
able to identify.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council agreed to issue a Notice of Dispute pursuant to
Government Code Section 907 and directed the City Manager to execute
and transmit the Notice.
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Regular Meeting April 8, 1991
TRI-VALLEY WELCOME HOME CELEBRATION (950-40)
Cm. Jeffery reported that the Valley Cities have been meeting
regarding welcome home ceremonies and have broadened it somewhat and
are calling it "Hometown Heroes". For logistical reasons, the parade
will be in Hacienda Business Park. Plans for a WelcOme Home
celebration are scheduled for Saturday, May 18th, which is Armed
Forces Day. Plans include a parade, followed by a picnic, ceremonies
and entertainment, all to be held in the Hacienda Business Park in
Pleasanton.
Cm. Jeffery advised that at a meeting today, the question came up as
to whether there is enough time to organize food booths. Because of
the short timing, they are encouraging people to bring picnics.
Dublin has been asked to secure some help with police reserves. They
do not wish to put undue stress on any one City.
The Planning Committee is recommending that each City purchase and fly
a banner which would be 3' x 20' with the wording, "Dublin Welcomes
Home Town Heroes-Parade, Picnic, Celebration-May 18, 1991, 11:00 a.m.,
Hacienda Business Park". The cost of the banner would not exceed
$350, with installation costs varying depending on the location for
display. In addition, a lot of advertising will be done through the
newspapers which we will not have to pay for.
Mr. Ambrose advised that the banner poles have previously been
reserved by the Rowell Ranch Rodeo, so 3 alternate locations were
identified. These locations are: Fence along Dublin Boulevard at the
Dublin Sports Grounds ($50 to install); Civic Center seat wall facing
Dublin Boulevard ($100 to install); or on the east side of San Ramon
Road south of Bellina Court ($200-$250 to install due to the fact that
poles would need to be installed in concrete in the landscape area).
Cm. Burton commented on the very nice big banner in San Ramon. He
felt that a banner should be left up for a long time, perhaps several
months°
Cm. Jeffery advised that San Ramon's banner cost over $900.
Cm. Burton stated he would like to see the banner visible from the
freeway.
Cm. Jeffery stated they are also working on getting yellow ribbons or
something of this nature put up on the large Hacienda arches.
Mr. Ambrose suggested that the banner could possibly be put on the
fence that was erected to stop fly balls from going onto the freeway.
Cm. Jeffery suggested first putting it on the fence by the Sports
Grounds facing Dublin Boulevard and then after the event, put it up by
the freeway.
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Regular Meeting April 8, 1991
JoEllen McKinsey advised that when they put up their Shamrock Potato
Festival banner on the fence facing Dublin Boulevard, people said they
didn't see it.
The Civic Center seat wall location was discussed. Mayor Snyder felt
that brackets could be sunken into the ground. Mr. Rankin pointed out
that there are already indentations in the wall.
On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous
vote, the Council determined that Staff should find a place to put the
banner (which should stay up for at least 6 months) with priority
given to the Civic Center location and approved a $1,350 budget
tranSfer from the Contingent Reserve to the City Council Community
Promotion Account.
ALAMEDA COUNTY CONGESTION MANAGEMENT PROGRAM (600-40)
City Manager Ambrose advised that in June, 1990, Alameda County voters
approved an $18.5 billion Transportation Financing Package
(Propositions 111 & 108). Proposition 111 also provides funding to
cities for local street and roadway projects and requires each urban
county to prepare, update, and administer a Congestion Management
Program. This program will have the potential for setting standards
for major highway systems through the City which could ultimately
influence land use decisions within the City of Dublin. The City's
participation in this program is required if the City wishes to see
those new gas tax funds authorized under Proposition 111.
Mr. Ambrose advised that a Joint Powers Agency is being proposed
consisting of Alameda County and all Alameda County Cities which would
have responsibility for developing, adopting and implementing the
Congestion Management Program.
Mr. Ambrose discussed the proposed structure of the JPA which would be
considered by the Alameda County Board of Supervisors and the various
City Councils throughout Alameda County. The JPA provides that the
Congestion Management Agency will be governed by a Board composed of:
1) One vote for each Alameda County City for every 100,000 population
or fraction thereof; 2) Two voting representatives from the Alameda
County Board of Supervisors; 3) One voting representative of each of
the transit operators, including LAVTA, BART, AC Transit, and Union
City Transit; and 4) One non-voting representative each of the
California Department of Transportation (District IV), the MTC, and
Bay Area Air Quality Management District. This voting structure is
similar to the existing voting structure for the Transportation Plan
Commission.
Mr. Ambrose discussed the functions and responsibilities of the
Congestion Management Agency and stated that in order to assist the
Board of Directors in carrying out its responsibilities, the agreement
also provides for a Technical Advisory Committee which would consist
of one staff representative from each City and County, transit
operators, and regional agency.
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Regular Meeting April 8, 1991
The JPA also provides for an appeal process in which a local agency
may appeal the actions of the Congestion Management Agency by
appealing directly to the local agencies representing the majority of
the population of the County.
Mr. Ambrose advised that there was a lot of discussion regarding
different types of structures at the Mayors' Conference.
Cm. Burton advised that Wayne Bennett indicated to him at a Tri-Valley
Transportation meeting that if a City elects to be in this and assigns
one of its streets, you can't then go back and take it off. For the
$110,000 we get in gas tax, we have to pay 1% or 2% at this time. He
questioned if they would have veto power.
Mr. Ambrose advised that they can determine if it could be mitigated
or if it's in compliance with the plan. There is danger in comparing
this with the Tri-Valley.Transportation Council. The TVTC's sub-
regional model is much more detailed.
Cm. Burton stated he felt this just created another hoop to have to
jump through.
Mr. Ambrose stated Cm. Burton was absolutely right.
Cm. Jeffery stated she was not aware of how Contra Costa County is
putting their plan together, but we work in areas and we would be able
to make comments about our specific area and then it goes back to the
group to discuss.
Cm. Burton questioned how many committees are working on
transportation.
Cm. Moffatt felt that the sub-regional models will be partially funded
by the Congestion Management Plan and also Measure B.
Cm. Jeffery stated this will deal with the greater picture. She felt
Cmo Moffatt was comparing apples with oranges. This will be a broader
view. The law requires us to do this.
Mr. Ambrose stated that if you have a development that is important to
your community, you can always withdraw. There is one major purpose
in joining and that is to develop a plan for this area and to attempt
more sub-regional transportation decisions. The level they will be
looking at is 1-580/I-680.
Cm. Burton stated they can control your new construction if it will
have an impact.
Mr. Ambrose stated that if it gets to that point, the Council could
decide if it wants to belong or pull out. This option is better than
the option being pursued by the City of Oakland. Staff is not
advocating this, however.
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Regular Meeting &pti1 8, 1991
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous
vote, the Council adopted
RESOLUTION NO. 33 - 91
DESIGNATING A CONGESTION MANAGEMENT AGENCY FOR ALAMEDA COUNTY
AND AUTHORIZING THE MAYOR TO EXECUTE THE JOINT POWERS AGREEMENT
OTHER BUSINESS
Hope Hospice Request for Memorial Tree (950-40)
Cm. Howard advised that Hope Hospice would like to have a memorial
tree lighting ceremony as a fund-raiser. They would like to sell
lights in memory. They need a spot to put up a tree and she suggested
the Library or at the Civic Center. They would also like to put up a
sign. They have one in Danville and also in Lafayette. Staff was
requested to agendize this request for a future meeting.
Dutch Pride Dairy on Amador Valley Boulevard (440-40)
Mayor Snyder stated he had received a call related to the condition of
the Dutch Pride Dairy on Amador Valley Boulevard. Kids are beginning
to vandalize the building. He requested that Staff look into what's
going on relative to this property and report back.
CLOSED SESSION (640-30)
At 9:22 p.m., the Council recessed to a closed executive session to
discuss: 1) Pending Litigation, City of Dublin vs. Alameda County
(Measure D), Napa County Superior Court No. 61787 (formerly Alameda
County Superior Court No. V-002172-8), in accordance with Government
Code Section 54956.9(a); and 2) Potential Litigation (Jail Booking
Fees) in accordance with Government Code Section 54956.9(c).
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 9:54 p.m.
ATTEST:
~~it~y~' ~erk
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Regular Meeting April 8, 1991