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HomeMy WebLinkAbout04-01-1997 CC Adopted MinutesREGULAR MEETING ~ April 1, 1997 A regular meeting of the Dublin City Council was held on Tuesday, April 1, 1997, in the COuncil Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p,m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Burton, Lockhart and Mayor Houston. Councilmember Howard and Cm. Barnes. (Note: Cm. Barnes arrived at the meeting at 7:37 p.m., during disCussion of Item 8°2) PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PROCLAMATION 7:0I p.m.' 3.1 (610~50) Mayor Houston read a proclamation declaring April 13~ 19, 1997 National Library Week and encouraged all adults to take a child to the library this week to help them connect to a wonderful world of learning, adventure and imagination. Janie Swerin accepted the Proclamation and told everyone what they will be doing during National Library Week, The Internet is now available at the Library. She thanked the City for funding additional library hours. PROCLAMATION 7:04 p.m. 3.2 (610-50) Mayor Houston read a proclamation declaring the week of April 6-12, 1997 International Building Safety Week and recognized that among the world's most fundamental laws and ordinances are those which provide standards for the safe construction of buildings in which people live, work and play. The Proclamation was presented to the City's Building Official, Ken Petersen. Mr. Petersen stated while they do not have an activity planned for each day of the week~ they have thin~;s they will hand out at the counter in addition to news releases. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 154 There are 4 seminars planned for homeowners who want to do a room addition, or remodeling, etc. They will also have a workshop on how to install sheds advising where they can be placed so there's no code enforcement problems° They will be putting notices in the Recreation Brochure and will also have counter handouts. CONSENT CALENDAR 7:08 p.m. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm. Howard & Cm. Barnes absent), the Council took the following actions: Approved (4ol) Minutes of Regular Meeting of March 18, 1997; ReceiVed (4.2 670-20) a report on the status of a long term permit for surplus land at Camp Parks earmarked by Dublin United Soccer League for development of a soccer field comPlex; Approved (4.3 150-70) a Budget Change Form related to gifts received by the Senior Center and directed Staff to prepare formal acknowledgments to donors; Adopted (4.4 320-10) RESOLUTION NO. 32 - 97 DESIGNATING THE PROVIDER OF BANKING SERVICES FOR POLICE INVESTIGATION ACCOUNT (CALIFORNIA FEDERAL BANK) Adopted (4.5 600-30) RESOLUTION NO. 33 - 97 AWARDING CONTRACT 97-03 SAN RAI~ION ROAD LANDSCAPE REPAIR & SlLVERGATE DRIVE MEDIAN LANDSCAPING TO HERZER LANDSCAPING, INC. ($107,750) and approved the transfer of funds ($25,825) from Unallocated Gas Tax Reserves to these projects; CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 155 Adopted (4.6 600~$0) RESOLUTION NO. ;34 - 97 APPROVING AGREEMENTS WITH CONSULTANTS ON AN AS NEEDED BASIS FOR OVERFLOW SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO PRIVATE DEVELOPMENT PROJECTS (STEVENSON, PORTO AND PIERCE, INC. - PLANNING) (CANNON DESIGN GROUP- PLANNING) (JERRY HAAG AND ASSOCIATES - PLANNING) ERNY PLANNING & MANAGEMENT ASSOCIATES - PLANNING) LSA ASSOCIATES, INC.- BIOLOGISTS) and authorized the City Manager to execute the agreements; Approved (4.7 300-40) the Warrant Register in the amount of $743,878.08. PUBLIC HEARING-ADOPTION OF AN URGENCY ORDINANCE EXTENDING A MORATORIUM ON APPLICATIONS FOR BUILDING PERMITS FOR ACCESSORY STRUCTURES IN AGRICULTURAL ZONES FOR 10 MONTHS AND 15 DAYS 7:09 p.m. 6.1 (450~20) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that the proposed Urgency Ordinance will extend the moratorium on applications for building permits for accessory structures in Agricultural Zoning Districts during a contemplated study of an Amendment to the Zoning Ordinance to require a Conditional Use Permit and/or Site Development Review for Accessory Structures in Agricultural Zones. Mr. Peabody advised that the City is in the process of revising the City's Zoning Ordinance. Recently, the City experienced conflicts in the areas of urban/rural interface and this ordinance will give the City time to fully study these issues. The Ordinance must be adopted by a 4/5 vote of the Council and can be rescinded by the City Council earlier than 10 months and 15 days if necessary. Cm. Burton asked if this will affect the Bukhari's. Mr. Peabody responded yes, it will affect his property and he will have to abide by this ordinance. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 156 No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cra. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm.'s Howard & Barnes absent), the Council accepted the status report, waived the reading and on an urgency basis, adopted ORDINANCE NO. 9 - 97 EXTENDING THE TEMPORARY MORATORIUM ON APPLICATIONS FOR BUILDING PERMITS IN AGRICULTURAL ZONES DURING A CONTEMPLATED STUDY OF AN AMENDMENT TO THE ZONING ORDINANCE TO REQUIRE A CONDITIONAL USE PERMIT AND/OR SITE DEVELOPMENT REVIEW FOR ACCESSORY STRUCTURES IN AGRICULTURAL ZONES PUBLIC HEARING ORDINANCE ESTABLISHING PENALTIES FOR CABLE TV VIOLATIONS 7:11 p.m. 6.2 (1050-20) Mayor Houston opened the public hearing. Assistant City Manager Rankin presented the Staff Report and stated on March 18, 1997, the City Council introduced an Ordinance which would establish a penalty schedule for violations of the Video Customer Service Act. The Act is included in State Law and it establishes certain service requirements for Video Service Providers which · includes Cable Television services. If the Ordinance is adopted, it will become effective in 30 days. The City will have the authority to impose monetary penalties in the event of a violation by a cable television service provider. The amount of the penalties are offset by any penalty levied under the Franchise Agreement. Mr. Rankin stated the Ordinance was introduced referencing subsections (a) - (p) in the Government Code Section 53088.2. The appropriate reference should be subsections (a) - (n) The Ordinance proposed for adoption contains this minor correction and it is in full compliance with State Law. Cm. Burton commented about the Supreme Court's recent decision with their 5/4 vote on the "have to carry" stations and asked if this will have any affect on us. Mr. Rankin stated Viacom prior had already added all the must carry stations. There was a hope by TCI that the decision would have been different° CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 157 No testimony was entered by any member of the public relative to this issue° Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Burton, and by unanimous vote (Cm.'s Howard & Barnes absent), the Council waived the reading and adopted ORDINANCE NO. 10 - 97 ESTABLISHING PENALTIES FOR BREACH OF VIDEO PROVIDER SERVICES PROPOSED SKATE PARK 7:15 p.m. 7.1 (920-20) On February 25, 1997, the City Council conducted a Goals & Objectives meeting to review the progress made on 1996 G&O and to develop G&O for 1997. At that meeting, the Council also had the opportunity to identify any additional Capital Improvement Projects they would like for consideration for the upcoming year. Mayor Houston identified a skate park in the City as an additional project, but the project was not given a priority. Staff recommended that the City Council prioritize the skate park by giving it a rating of high, medium, low, or no priority (delete). The ranking of the project will assist Staff in the development of the Update to the Five-Year CIP. Mayor Houston stated he requested that this item be brought back to the Council. Staff contacted each member of the Council individually to ask their ranking, but he wanted it on the City Council agenda to 'discuss it. Cm. Burton stated he had read that some cities had to close their skateboard parks, primarily because they are too close to residential. He would not be against having the Parks & Community Services Commission take a look at this, but cautioned that he would hate to get the kids' hopes up too much on this. Is there a way to keep the liability down? He sees kids at the Civic Center all the time where they aren't supposed to be skateboarding. Mayor Houston thought it Could be looked at in conjunction with the Civic Center property because it won't be close to residential and businesses. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE. 158 Cm. Burton stated he would be willing to support it with a high ranking but only so it can be discussed and prioritized by the Parks & Community Services Commission in relation to all the other unfunded projects that have been on the list for years. Cm. Lockhart stated she would give it a high ranking with the understanding that it is just to be looked at, but with no extra leverage. If a task force is formed someone could come before them and review it. She has reservations about ranking it high in light of other projects. Mr. Ambrose clarified that it is a skate park, not a skateboard park. There's a big difference between the two. Ms. Ix>wart stated Pleasanton built a skateboard park in 1995 and it was about $56,000. Upwards of $100,000 is a more recent price that people are now reviewing° This would be for about a 14,000 square foot park, Mayor Houston felt that since we are going to be looking at a major project at the Civic Center, it could be rolled into this and looked at with this. We have almost 4 acres of property and while we are looking at this issue, we could roll in a skate park and just look at it. There are a lot of people in his age group interested in looking at this. A lot of things on the Capital Improvements list will never be funded. When we have a library task force, they will be looking at other ideas for the area. Newark is just starting their plan and they have some creative ideas. We need to be creative and get the biggest value for the study. Cm. Burton stated he felt there needed to be a full Council to make this decision and stated he does not necessarily support it. He asked if it could be deferred to the next meeting. He is not that excited about it. It's bad timing. We don't have the money to get some of the things done that have been on the books for years. Cm. Burton ranked it low. Mayor Houston ranked it high. Cm. Lockhart ranked it medium. Mayor Houston summarized that the issue was closed. A skate park would not be considered. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April ! 9 1997 PAGE 159 MAPE MEMORIAL PARK DEDICATION 7:25 p.m. 8.1 (950~40) Parks & Community Services Director Ix)wart presented the Staff Report which reviewed the preliminary plans for dedication of Mape Memorial Park once the renovation is completed. Saturday, August 23, is the tentative date for the celebration which will have a theme of "In the Good Old Summertime". Ms. Lowart stated Recreation brochure go out about the second week of August and the newly renovated park dedication will be advertised along with a picture on the cover. We would also supplement with invitations to the neighborhood. Mayor Houston stated he felt the plans were great and would like to add having a color guard. Camp Parks can assist in this. Also, Staff should contact the Vietnam Veterans of the San Ramon Valley and he would also like some bagpipes. The 91st Division Band should be contacted and they should be able to accommodate our schedule. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote (Cm. Howard & Cm. Barnes absent), the Council directed Staff to include funds in the FY 1997~98 Budget with the additions discussed: DISTRIBUTION OF ASSETS & LIABILITIES DOUGHERTY REGIONAL FIRE AUTHORITY 7:31 p.m. 8.2 (540~10) City Manager Ambrose presented the Staff Report and advised that as a result of the dissolution of the Dougherty Regional Fire Authority effective June 30, 1997, the Fire Authority will have assets and liabilities which will need to be distributed to the Cities of Dublin and San Ramon. The DRFA Board of Directors has agreed to a distribution method and is recommending that the method be ratified by the City Councils of the City of San Ramon and the City of Dublin. 7:37 p.m. Cm. Barnes arrived at the meeting. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote '(Cm. Howard absent), the Council ratified the following decision made by the DP, FA Board of Directors on February 24, 1997: 1) All remaining assets (including cash) and liabilities will be distributed on the basis of JPA Section 8.1 Termination and Section 8.3 Disposition of Assets. This distribution will be based upon the percentages CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 160 calculated by the Authority,s Auditor, Maze & Associates. 2) Directed Staff to distribute Fire Impact Fees to the City of origin on a Last In/First Out Basis. 3) Authorized the distribution of all facilities and equipment on the basis of need, with the unneeded items to be sold. SUMMER CONCERTS AT THE CIVIC CENTER 7:58 p.m. 8.5 (950-40) Parks & Community Services Director Ix>wart presented the Staff Report and advised of preliminary plans to hold a concert at the Civic Center on either August 8 or 15, from 6:30 p.m. to 8:00 p.m. The Parks & Community Services Commission at their March 17, 1997, meeting discussed this and were enthusiastic about the plans that were presented. They had no firm recommendation on the music, but agreed with Staff that it should be upbeat and appealing to all ages. The estimated cost to the City is $1,200 - $1,500, and funds will be included in the 1997-98 Budget. Ms. Lowart advised that Staff is also considering another concert at the Civic Center for the month of September which would be geared toward teens. Ms. Lowart reported that Pleasanton, San Ramon and Danville all have concert series that have been going on for quite sometime. Lively bands seem to be the most popular. Nothing has been confirmed yet, although they have some contacts. Cm. Barnes commented the idea sounded fantastic. Cm. Burton commented with our winds and freeway noise, why did we not consider having it inside the courtyard. MSo Lowart stated on one occasion last year in Danville, they had about 5,000 people. The courtyard area could become difficult if there were an emergency. Cm. Barnes questioned if most bands would bring their own sound system. Ms. Lowart stated at the St. Patrick's Day celebration, one of the bands had a very good sound. Mayor Houston felt we should look at any potential conflicts of uses at the Sports Grounds. If it is successful and people spill off of the grass we may need to look at CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 161 letting people park in the Sports Grounds area to have additional space. There may or may not be adequate seating area. Ms. Lowart agreed that we may look at diverting traffic onto the Sports Grounds for parking. Cm. Lockhart felt we should consider a drop off point for seniors or handicapped. She suggested contacting DHPA for the name of the group that played at a past event. They were excellent. Ms. Lowart stated she understood they got the lead on the band from Lions Brewery. Cm. Burton cautioned we may need to look out for alcohol. Ms. Ix)wart stated alcohol would be prohibited. Cm. Barnes felt August is just about the best time to have this type event. She felt people will bring plastic lawn chairs to sit on. The City Council agreed that August 8th would be preferable, but felt Staff should make the decision. OTHER BUSINESS 7:51 p.m. Alameda County Mayor's Conference (I 40 ~ 15) Mr. Ambrose reminded everyone that Dublin will be hosting the Alameda County Mayors' 'Conference here at the Civic Center on Wednesday, April 9th. Those that plan to attend should coordinate their dinner choice with the City Clerk. Cm. Barnes stated she would have the broiled salmon. Cmo Lockhart indicated she would be attending the Community Services Conference in San Diego at that time. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 162 BART Facilities Tour (1060- 30) Mr. Ambrose asked the City Council if, based on their last trip on BART if they still desired to have Staff coordinate a tour of BART facilities. The Council did not feel another tour was needed. Mayor Houston stated we need to know what their schedule is for the grand opening. He Would like to find out as early as possible what they have planned. City Computer Services (180-10) Cm. Lockhart stated she was happy to hear a meeting is scheduled on Monday to look at the City's Website design. Liaison Meeting (610-05) Mayor Houston expressed a desire for another liaison meeting with the School District. Mr. Ambrose stated he had spoken with School District personnel, and they feel a meeting will work the later part of the month. He will let them know as soon as an exact date is scheduled. CLOSED SESSION 7:57 p.m. 10.1 (640-30) The Council recessed to a Closed Session to conference with Legal Counsel ~ existing litigation pursuant to Government Code Section 54956.9 subdivision (a): City of Dublin vs. Woolverton, et al., Alameda County Superior Court Case No. V-009571-4. REPORT OF CLOSED SESSION ACTION No action was taken in closed session. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 163 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:15 p.m. ATTEST: CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING April 1, 1997 PAGE 164