HomeMy WebLinkAbout03-11-1991 Adopted CC MinutesREGULAR MEETING - March 11,. 1991
A regular meeting of the City Council of the City of DUblin was held
on Monday, March 11, 1991, in the Council Chambers of the Dublin Civic
Center. The meeting was called to order at 7:31 p.m., by Mayor
Snyder.
ROLL CALL
PRESENT: Councilmembers Burton, Howard and Mayor Snyder.
ABSENT: Councilmembers Jeffery and Moffatt.
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and those present in the pledge of
allegiance to the flag.
INTRODUCTION OF NEW POLICE SERVICES EMPLOYEE (700-10)
Captain Rose introduced new Police Deputy Steve Brown, who has been
with the Alameda County Sheriff's Department for 8 years. Last year
he was awarded for bravery for removing someone from an automobile
accident.
The Council welcomed Deputy Brown to Dublin.
CONSENT CALENDAR
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote
(Cm.'s Jeffery & Moffatt absent), the Council took the following
actions:
Approved Minutes of East Dublin Study Session of February 14, 1991 and
Regular Meeting of February 25, 1991; (Mayor Snyder abstained from
voting on approval of the minutes related to the Dublin-San Ramon
Lions Club installation of handicapped playground equipment at Kolb
Park (Pages 73 & 74), as he did not participate in discussions due to
a conflict of interest.)
Adopted
RESOLUTION NO. 24 - 91
and
AMENDING THE CLASSIFICATION PLAN
(Part-Time Recreation Aquatics Personnel 700-20)
RESOLUTION NO. 25 - 91
AMENDING THE SALARY PLAN FOR
PART-TIME RECREATION PERSONNEL
(Preschool Instructor & Preschool Aide)
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Regular Meeting March 11, 1991
Adopted
RESOLUTION NO. 26 - 91
AWARDING CONTRACT 91-01
ANNUAL SIDEWALK REPAIR PROGRAM TO E & D SYSTEMS, INC.
(,$36,987 600-30)
and authorized the Mayor to execute the agreement.
Accepted the City Treasurer's Investment Report for Period Ending
February 28, 1991 (330-20);
Authorized the City Manager to sign the City/County Mortgage Credit
Certificate Agreement and authorized a $4,500 appropriation to
Planning Contract Services from the Contingent Reserve (600-40);
Received an informational status report on the possible impacts of the
Sierra Club lawsuit on the Dublin Boulevard Improvements Capital
Improvement Project (Donlon Way to Village Parkway) 820-90;
Approved Warrant Register in the amount of $523,822.42;
Adopted
RESOLUTION NO. 27 - 91
APPROVING COOPERATIVE AGREEMENT BETWEEN
THE CONTRA COSTA TRANSPORTATION AUTHORITY, THE COUNTY OF ALAMEDA, AND
THE CITIES OF PLEASANTON, DUBLINAND LIVERMORE
FOR FUNDING AND DEVELOPMENT OF THE
TRI-VALLEY TRAVEL FORECASTING MODEL (600-40)
and authorized a $24,750 budget transfer from unallocated reserves to
the Engineering operating budget to pay Dublin's share of the model.
Mayor Snyder pointed out that the Contra Costa group should not be
confused with the Contra Costa County Transportation Authority (CCCTA)
which deals with Measure C funds. The group participating in this
cooperative agreement is the Contra Costa Transportation Authority
(CCTA). There are 2 transit agencies in Contra Costa County.
REQUEST FROM DUBLIN LITTLE LEAGUE FOR CITY ASSISTANCE
WITH CONSTRUCTION OF A 90' BASEBALL FIELD (280-30)
Recreation Director Lowart advised that the Dublin Little League group
is requesting assistance from the City with the construction of a 90'
baseball field at Murray School. There are currently 3 90' baseball
fields in Dublin. The 2 fields at Dublin High School are scheduled to
be renovated in the near future. The Little League group is proposing
that the City and Little League work cooperatively to construct a
field at Murray School. Staff prepared an estimate of the costs
related to grading, installation of new baseball field mix,
installation of cyclone fence, fence planks for backstop, benches and
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Regular Meeting March 11, 1991
bleachers, with costs ranging from $12,676 to $16,579. Funds are not
available in the 1990-91 budget as this project was not previously
identified.
Ms. Lowart advised that funding for a complete renovation of the
Murray School athletic fields is currently included in the Five-Year
CIP and is scheduled for Fiscal Year 1992-93.
Ms. Lowart stated that the City Council should consider the effect
that the drought may have on any proposed improvements to school
property as the City and the District are currently facing water
cutbacks of up to 50%. The anticipated cutbacks, combined with rate
increases may delay the scheduled renovation of the Dublin High School
athletic fields and if this occurs, construction of an additional
field at Murray School may be unnecessary.
Ms. Lowart pointed out that the City does not have the right to
authorize construction projects on school property and it would be
necessary for Dublin Little League to obtain permission of the School
District prior to proceeding with the proposed project.
Ms. Lowart summarized that because the School District has not yet
committed to the project, and given the uncertainty as to the
availability of water, Staff recommended that the Council defer
consideration of this request until such time that these issues are
resolved.
Cm. Burton questioned who makes the decision on whether or not to go
ahead with the High School field renovation.
Ms. Lowart advised that it would be a joint decision. If we proceed
with the project and put money into school property, we should make
sure that it is maintained so that the improvements are not lost.
Cm. Burton questioned when it would be proper to make this decision in
light of the drought, scheduling problems, and the fact that Murray
School may need the space for other uses. He asked if there should be
a decision made by both agencies that this is not a good year and say
let's wait. He questioned the process.
Mr. Ambrose advised that before we can proceed, we must enter into a
joint facilities development agreement with the School District.
There is a priority listing already and this was discussed. DSRSD has
not yet taken a position on what the water cuts will be, but they
expect that it will be a 50% cut. Staff is trying to come up with a
game plan to deal with this cut. We don't know where this project
will fit into the priority list. Also, the School District has not
yet been told by DSRSD what their cutbacks will be. We don't want to
put in a lot of money and then not be able to maintain it.
Mr. Ambrose advised that Staff will update the Council in 2 weeks,
when it will be better able to develop a window time table. It may be
necessary to just complete the design process.
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Regular Meeting March 11, 1991
Cm. Howard asked if Staff will be discussing the Murray School project
with the School District as well as the High School project.
Mr. Ambrose advised that Staff will discuss both projects.
Ms. Lowart advised that since the Staff Report had been written, she
had talked to School District representatives and was told that if the
City or Little League came and presented this project at no cost to
them, they would be willing to talk about it (with the water issue
aside) .
David Distad, President of Dublin Little League stated he had a
contractor who wants to donate a great deal of labor toward this
project and he felt it was a great bargain for the City. Now is a
good time to do this, regardless of what happens with the High School
fields. The Murray field is also used by Valley Christian High School
and some semi-professional teams. There will be a real problem in the
future with availability of fields. There are more and more kids
moving into town and this whole issue is critical.
Dale Skinner, Senior Vice President of Dublin Little League stated
they have too few fields for the number of teams. They will need to
cut off some of the senior minor teams. They are looking at renting
some fields in Pleasanton and this puts an extra burden on the
parents, as well as the kids who have to go to another City.to play
ball.
Mr. Skinner stated he is a general contractor and is more than willing
to coordinate the installation of everything, plus provide insurance
on his license. Chuck Scanlon, with the School District maintenance
department suggested they use Murray fields. They are not completely
set at having it at Murray, but are also looking at the old Dublin
Elementary School. They are proposing a dirt infield, so water
conservation should not hinder them.
Cm. Burton asked if they could play on a field without grass.
Mr. Skinner responded they could play on dirt fields, and further, we
are one of the few areas that have grass. Dirt can work without any
problems whatsoever.
When asked, Mr. Skinner advised that last year, Little League had a
100% growth when the number of teams went from 4 to 8. This year they
are up to 10 teams and need a minimum of 4 fields.
Cm. Howard questioned since Murray School is scheduled for next year,
could we go ahead and design it this year since they don't need
irrigation.
Ms. Lowart advised that this could be possible.
Cm. Burton questioned the minimum conditions with which they could get
by.
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Regular Meeting March 11, 1991
Mr. Skinner indicated that they do not have to go with regulation size
backstops, fencing could be reduced and canopy fencing could be
substituted. He felt the City's estimated costs were a high and
thought costs could be brought down to about $8,000. A 1" line should
be trenched out to hose down the fields occasionally, and this would
be the only water improvement. The infield does not require watering.
Wayne Rudick, representing the Major Division stated one of the
problems they are facing is the shortage of fields on which to
practice. This is a problem that will continue to grow. The plans
are there, but by the time the issues are addressed, there will be an
additional 10,000 people in the community. He stated he would like
this addressed as well as the golf course being looked at on the west
side within the next 2 weeks. There are some real.problems at the
schools and the general condition of the fields is deteriorating.
Mayor Snyder pointed out that the City does not have maintenance
responsibility for the school fields, but only scheduling. It would
be appropriate for the School Board to hear from these people.
Cm. Burton felt it was very important for the City COuncil to have
numbers in terms of fields. This has always been a very important
part of Dublin, the sports parks.
Ms. Lowart advised that the parks master plan is being developed at
this time.
Mayor Snyder recommended that this be addressed to the School Board
and that the City would need to address it from a dollars standpoint
in relation to the other priorities. We need to have some agreement
with the School District. He pointed out that they most likely will
not have an answer in 2 weeks, as this is School District property.
Cm. Burton felt that in approaching the School District, we should
abandon projects requiring water maintenance. It is bad public
relations because of water restrictions. We should say that we do not
recommend that we proceed with the field renovations at Dublin High
School at this time.
Chris Campbell stated that circumstances have changed over the past
few years since the priorities were set down. Since people are
willing to contribute their time toward this project, she felt the
City Council needed to be flexible and this must be worked out. The
community's feelings should be considered.
Mayor Snyder reminded Ms. Campbell that this has to be a bilateral
decision. It has to be a collective decision as each body is a
separate political entity with specific legal responsibilities.
Cm. Burton stated what the group has done has been effective and they
approached it in the correct manner.
Mayor Snyder stated that Ms. Lowart will report back to the Council in
2 weeks. · · , ·
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Regular Meeting March 11, 1991
PUBLIC HEARING - REQUEST FOR LIMITED PARKING ZONE
ON DUBLIN BOULEVARD @ GREAT WESTERN BUILDING (570-20)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised that Dr. James Stalker of
Stalker Chiropractic has requested a limited parking zone on the south
side of Dublin Boulevard west of Golden Gate Drive. His office is on
the northwest corner of the Great Western building at 7600 Dublin
Boulevard.
Mr. Thompson explained that Dr. Stalker feels that the curbside
parking is logistically more convenient for his patients, in that the
distance to the office from Dublin Boulevard is shorter than the
distance from the parking lot at the rear of the building. Curbside
parking would accommodate approximately 7 vehicles. Dr. Stalker has
occupied this location for 3 years and has just signed a new 10 year
lease.
Mr. Thompson reported on the status of Staff observations related to
the use of the on-street parking. Observations were made several
times and at different times of the day. Staff felt that adequate
on-street parking is available without changing the time limits.
The Traffic Safety Committee considered the request twice and found
that: 1) The Dublin Boulevard Capacity Improvements project, which is
tentatively scheduled to be constructed in the Spring of 1992, will
remove all on-street parking on Dublin Boulevard; therefore, any
special parking zones installed at this time would only be available
for about a year. 2) City Staff does not wish to encourage commuters
to park in private parking lots. 3) If patients have limited
mobility, it may be safer and easier to exit a vehicle parked in the
parking lot than along a busy arterial street. The City could incur
some liability exposure by providing a limited parking zone relative
to a request of this type.
Cm. Burton questioned the process for someone to get a handicap
permit, and if it would be possible to issue some kind of a temporary
30 day permit.
Captain Rose advised that handicap parking permits are issued through
the Department of Motor Vehicles. His department enforces the
handicap zones, even on private property, but cannot issue any type of
permit.
The Applicant was not present at the meeting.
Mayor Snyder closed the public hearing.
Cm. Burton felt it was not practical to grant this request. This was
part of the doctor's consideration when he located his office there.
He felt that we should have a way of making handicap parking available
to his customers, however. He questioned the possibility of issuing
some type of temporary interim handicap parking permits.
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Regular Meeting March 11, 1991
Mr. Thompson pointed out that there are handicap stalls at the back of
the building.
Captain Rose advised that he was not aware of any way the Police
Department could issue 30 day temporary permits, as they have to be
issued by the Department of Motor Vehicles. They are currently issued
under State Law.
Mr. Thompson advised that all provisions relating to handicap parking
are through the California State Vehicle Code.
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote
(cm.'s Jeffery & Moffatt absent), the Council denied the request.
PUBLIC HEARING - OVERSIZE VEHICLE PERMITS
ORDINANCE AMENDING MuNICIPAL CODE CHAPTER 6.68 (650-80)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised this is the second reading of
an Ordinance which relates to oversize vehicle permit requirements. A
new law states that local jurisdictions are no longer allowed to
require a bond as a condition of an oversize vehicle permit except in
circumstances where unusually large or heavy loads pose a substantial
risk to public facilities.
AB 4228 also prohibits a local jurisdiction from requiring that the
permittee submit a Certificate of Insurance with an additional insured
endorsement and limits the amount of the insurance requirement to that
which is required by the Public Utilities Code.
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. Howard, and by unanimous vote
(Cm.'s Jeffery & Moffatt absent), the Council waived the reading and
adopted
ORDINANCE NO. 4 - 91
AMENDING MUNICIPAL CODE CHAPTER 6.68
RELATING TO OVERSIZE OR OVERWEIGHT ~EHICLE PERMITS
, · · ,
PUBLIC HEARING - PURCHASING
AMENDMENT TO MUNICIPAL CODE TITLE 2 CHAPTER 36 (610-20)
Mayor Snyder opened the public hearing.
Public Works Director Thompson advised that this is the second reading
of a proposed amendment'which came abOut as a result of difficulties
in obtaining a qualified janitorial service. The existing Code
CM - VOL 10 - 119
Regular Meeting March 11, 1991
requires that the formal competitive bid process~be used for purchases
or services with a cost in excess of $5,000. Janitorial service does
not fall within any of the present categories of exempt items.
Mr. Thompson explained that the intent of this change.is not to
eliminate competition for City contracts, but rather to allow Staff to
negotiate with a potential contractor on the basis of ability to
perform the work, as well as price, similar to the Request for
Proposal procedure which is used with architects and other
professional services.
No comments were made by members of the public relative to this issue.
Mayor Snyder closed the public hearing.
On motion of Cm. Howard, seconded by Cm. Burton, and by unanimous vote
(Cm.'s Jeffery & Moffatt absent), the Council waived the reading and
adopted
ORDINANCE NO. 5 - 91
AMENDING TITLE 2, CHAPTER 36 OF THE DUBLIN MUNICIPAL CODE
RELATING TO PURCHASING
PUBLIC HEARING - CHEVRON CONDITIONAL USE PERMIT/SITE
DEVELOPMENT REVIEW AT 5933 DOUGHERTY ROAD PA 90-066 (410-30)
Mayor Snyder opened the public hearing.
Associate Planner Cirelli advised that she had just been informed that
the Applicant is requesting the item be continued to the April 8th
Council meeting in order to resolve certain issues with the property
owner.
Dale Wallen with Chevron advised that they have been working out
conditions with Staff and the property owner. The amount of
dedication is up to almost 5,000 square feet and this is about 3 times
the amount that has been discussed. They would like to talk further
about this, and therefore request the continuation.
Mayor Snyder continued the public hearing to the April 8, 1991 Council
meeting.
* * *
PROPOSED PROGRAMS SUPPORTING U. S. MILITARY PERSONNEL (585-90)
Mr. Ambrose advised that Cm. Jeffery has requested that the Council
consider joining cities in the Tri-Valley area in formulating a
Welcome Home Celebration to honor local servicemen and women and their
families. Because this celebration is in the planning stage, she has
requested that the City Council appoint her to represent the City in
working on this. A report will be forthcoming, once plans have been
formulated.
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Regular Meeting March 11, 1991
In addition, Mayor Snyder requested that a program proposed by Dublin
resident, Richard Lee be considered which would provide for the formal
adoption of a military unit serving in the Gulf Theater of Operation
by the City. To accomplish this, the City would adopt a formal
resolution establishing its own adopted military unit; establish an
active citizen committee which will function as a liaisOn between the
City and the adopted unit; and arrange for a symbolic gift to be
presented to each member of the adopted unit from the City. The non-
profit organization "America Supporting Americans", will match
military units with cities.
Cm. Burton stated he noted that tentative plans included a May 18th
date and since the nation will be celebrating on July 4th, he thought
this date was more appropriate because more of the troops would be
home by then. He questioned if this just included Persian Gulf
veterans, or if it was for all veterans. He stated he would like to
see Korean veterans and Vietnam veterans included as part of the
celebration. He asked who would select the military organization.
Mayor Snyder stated he thought if we had a suggestion, we could select
the military unit. There is an organized group that could help us.
Cm. Burton stated he would like to see some' kind of connection locally
and thought this was a good program.
Mayor Snyder advised that Councilmember Jeffery had met informally and
the group felt a collective effort would make more sense-, Ed Kinney,
a former Mayor of Pleasanton has offered to put together a "Good
Times" parade. Cm. Jeffery is asking to represent Dublin in the
planning.
Cm. Howard asked if this would be a conflict with Operation Valley
Shield. They are talking about May and the President is talking about
the 4th of July.
By a Council consensus, agreement was reached to have Cm. Jeffery
represent Dublin on the committee.
Mayor Snyder stated we could ask someone to come to the next Council
meeting to talk about adopting the military unit.
Cm. Howard agreed that the unit adopted should be local.
Mayor Snyder reqUested that the item be agendized for the next meeting
in order to provide more information.
* , * *
PROVISION OF FIRE SERVICES TO
ALAMEDA COUNTY SANTA RITA PROPERTY (600-40)
City Manager Ambrose advised that in August 1986, the City and County
entered into a Property Tax Annexation Agreement in conjunction with
the annexation of the Camp Parks, Tassajara Park and Santa Rita
properties. Certain provisions of the agreement require the City to
CM - VOL 10 - 121
Regular Meeting March 11, 1991
transfer to the County certain revenues attributable to the Santa Rita
property on a quarterly basis. Other provisions relate to the payment
for services provided by the City to the County.
Mr. Ambrose advised that a Side Letter Agreement has been prepared and
tentatively agreed to by both City and County Staff whereby the City
agrees to a payment of $55,200 plus the actual cost per call in excess
of 22 calls per fiscal year as payment for fire services for the new
Santa Rita Jail and all other public facilities located on the Santa
Rita property. The cost for fire services of non-public buildings
will be calculated as set forth in Exhibit F of the Annexation
Agreement.
Cm. Burton stated he was disturbed in reading the agreement and
questioned why the Camp Parks property, Tassajara and Santa Rita
property were all included and the County gets'the property tax on all
those properties.
Mr. Ambrose provided a history and explained that the annexation
agreement is mandated under State Law. We have to go to the County to
enter into a property tax exchange agreement. The County indicated
from their view, they wanted the agreement to be really revenue
neutral. They wanted to keep the revenue over and above the costs of
providing services. For east and west Dublin, we will not have to go
back to the County to get a property tax agreement. ~
On motion of Cm. Burton, seconded by Cm. Howard, and byl.unanimous vote
(Cm.'s Jeffery & Moffatt absent), the Council approved the Side Letter
Agreement for provision of Fire Services to Santa Rita property and
authorized the Mayor to execute the agreement.
1990-91 MID-YEAR FINANCIAL REVIEW (330-50)
City Manager Ambrose presented a detailed mid-year financial review
for Fiscal Year 1990-91. Revenue and expenditure projections have
been revised, based upon information from the State, the County and
historical trends. Increases in certain revenues are offset by
decreases in others which are primarily attributable to the downturn
in the housing market and a delay in acquiring and disposing of
remnant parcels associated with the Dublin Boulevard extension.
Mr. Ambrose advised that certain expenditures will exceed the adopted
budget. These included: 1) Legal Services incurred as a result of
unanticipated litigation expenses; 2) Non-Departmental as a result of
the City's purchase of FAU funds @ 80 cents on the dollar from the
City of Foster City; 3) Engineering as a result of undertaking the
Silvergate Drive and Nielsen School Traffic Studies and due to the
extended recruitment of an in-house Engineer. It is also anticipated
that Fire costs will increase as a result of pending labor nego-
tiations for salaries and benefits. Another issue is the drought.
Overall, water rates for the City will increase about 16%.
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Regular Meeting March 11, 1991
Mr. Ambrose stated that it is anticipated that Capital Improvement
expenditures will be approximately $470,302 lesS than budgeted and
discussed the various projects.
Mr. Ambrose advised that the City still remains well under its set
Appropriations Limit.
Cm. Burton commented on the criticism over the High School track
project.
Mr. Ambrose Stated he would provide information related to the bad
press received after presenting the financial review.
Mr. Ambrose stated that the bottom line is that we are in better shape
than was anticipated when we put together the budget.
Cm. Burton asked what EDP was.
Mr. Ambrose indicated that this should have been ADP, Automated Data
Processing, and included a Community Development Land Use Permit
SYstem. We are not in a position to actually get this acquired this
year. We will need to beef up our units next year to accommodate
future growth. We presently have no one in house that has the time
and technical know how to assist in installations, trouble shooting
and training. A committee has been put together to come up with a
proposal. We want to make sure we have continuity. ~
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote
(Cm.'s Jeffery & Moffatt absent), the Council: 1) approved a $5,640
budget transfer from Contingent Reserves to Legal Services; 2)
approved a $608,000 additional appropriation to the Non-Departmental
budget from new revenue; and 3) approved a budget transfer of $21,244
from the Contingent Reserve to the Engineering budget and a $45,456
additional appropriation from new revenue to the Engineering budget.
Mr. Ambrose provided information related to the High School track
project situation. The City contracted with Collishaw Construction to
renovate the facility. There were a couple of reasons for not
completing the project. One related to replacing the old pressbox
with a new structure. We have gone back and forth with the State
Office of Architecture. Additionally, we have had a number of punch
list items which we have been holding off on because of the amount of
use the facility gets. The contractor made a major push to get as
much completed as possible before football began. The contractor did
not want to go back onto the field until we could get them some
uninterrupted time. The negative publicity was very disturbing.
Apparently, 2 School District people took it upon themselves and did
not communicate their concerns through the chain of command, but
rather decided to go directly to the press. The School District has
spoken with them about how you work as a team. School District and
City Staff met shortly after the newspaper articles to make sure we
are all working together. A lot of money is being put into these
facilities and it was pointed out to the 2 people how important it is
to work together. · · · ·
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Regular Meeting March 11, 1991
OTHER BUSINESS
Rename Existinq Part of Dublin (610-20)
Cm. Burton requested that Staff to look into how to go about
officially establishing existing Dublin, or downtown Dublin, or old
Dublin to become known as Central Dublin. There has been concern
expressed about separating East and West Dublin. He would like to
look at where the lines would be proper so that it becomes
distinguishable.
Shannon Community Center Sound System (210-20)
Cm. Burton advised that he felt the Shannon Center sound system was
inadequate. Everyone must bring in their own systems. It is like a
barn over there. He did not know why a sound system was not put in
when the building was renovated. The City should review this.
Police Personnel Conduct (580-90)
Because there have been 2 serious reflections on Police~personnel
conduct recently in the press, Cm. Burton stated he would like to see
our Police Department make statements that this is absolutely improper
conduct. He felt that ignoring it might be as bad as C.°ndoning it.
We should have a way of recognizing all the good police officers out
there.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 9:20 p.m.
/ Mayo~/
ATTEST-.
~ 0 Cfty lerk
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Regular Meeting March 11, 1991