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HomeMy WebLinkAbout03-17-1998 CC Adopted MinutesREGULAR MEETING - March 17, 1998 A regular meeting of the Dublin City Council was held on St. Patrick's Day, Tuesday, March 17, 1998, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. POEM: "DUBLIN IS OUR CITY" 7:07 p.m. $.1 (120~60) Students from Ms. Kate Gorvad's 1 st Grade Class at Nielsen Elementary School recited an original poem, "Dublin Is Our city''. Dublin is our cit~ Where we work and play and rest. Dublin is our ciO5 , It simply is the bestl, r.r '~Dvis for dj~amic, delightful and dandy. Dublin is better than sugar candy "U" is for unequaled uniqueness of this place. Dublin puts a happy smile on each face. "B" is for businesses, buses and ball games. Dublin surrounds us with green hills of great fame. * St. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, lqarch 17, 1998 PAGE 130 '~Z " is for learning in ch'sfinsuished schools. Dublin is like a ram and preciousjewel. 'q" is for interestin~ with so much to do. Dublin is individuals, like me and like you.. "Ar" is for nice neishbom and knowin$ each name. No other ci& is quite the same. Do you think we're happy to live in this town7 There's no doubt about it... it's the best one around!.r.r Dublin is our Where we work and play and rest. Dublin is our ci&. . . It simply is the best. LU. Mayor Houston presented Ms. Gorvad with a "Dublin Town" City song tape and key pins to the City for all the children in her class. St. Patrick's Celebration (950-40) 7:11 p.m.. Mayor Houston reported that a great week of celebration started Friday night at the Green & '~Vhite Gala which was well attended. It was an outstanding start to an outstanding weekend. At the Fire Station pancake breakfast, over 1,000 were served. The Parade was the biggest and the best we've ever had in the City. It gives us something to shoot for next year He thanked the Dublin Lions Club. The estimates were that we had over 2 5,000 people at our celebration this year. A good time was had by all. Mother Nature and God gave us 2 great days of weather. Saturday night we had Gaelic football and it was very entertaining. Our Irish guests told us what the rules were. Next year we may have a tournament. Today we had our Chamber of Commerce and Dublin Rotary Club luncheon. Mayor Houston gave recognition to friends from Bray. The first recognition went to Town Clerk, Thomas Murphy. A plaque was presented to Mr. Murphy containing a picture of he and Dublin's City Clerk Kay Keck which was taken at the reception today prior to the Chamber luncheon. They always bring beautiful crystal and glassware which we proudly display in our cases out in the lobby. Our recognition this year was to show some of the people in our City. A CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, March ! 7, 1 PAGE 131 partnering with Dublin's City Clerk was pictured on the plaque and a theme, celebrating similarities. Mayor Houston also presented a Dublin City song tape and key pins to Thomas and his wife Joyce. John Byrne, Chairman of the Bray Urban District Council who is equivalent to our Mayor was presented with a plaque picturing he and Mayor Houston. City song tapes were also given to John Byrne and Hillary Fitzpatrick. Chairman Byrne stated it was a great honor for him to lead the Irish delegation here these last few days. It has been great fun. He looks forward to people in Dublin coming to visit their town. They look forward to building on the relationships that were established in 1987. Ireland is growing and changing and prospering. He thanked President Bill Foster of DSCA and their host families, the Fosters and the Snyders. They really spoiled them. They look forward to the Mayor, the Council and the people of Dublin coming to visit them soon. CONSENT CALENDAR 7:20 p.m. On motion of Cm. Lockhart, Cm. Howard, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March $, 1998; Adopted (4.:3 $50~20) RESOLUIiON NO. 23 - ~}8' DECLARING 1989 BUICK LESABRE AS SURPLUS PROPERTY AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF IT AT AUCTION and RESOLUIION NO. 24 - §8 WAIVING THE COMPEIIIIVE BID PROCESS AND AUIHORIZING STAFF 10 NEGOTIAIE THE PURCHASE OF ONE UNMARKED POLICE PATROL VEHICLE CITY COUNCIL lqlNUTES VOLUME 1 7 REGULAR I'4EETING St. Patrick's Day, March 1 7, 1998 ~, PAGE 132 and approved the specifications to be used to secure one unmarked police vehicle and approved the Budget Change Form; Adopted (4.4 350-20) RESOLUIION NO. 25 - 98 and AUTHORIZING THE DEPARIMENI OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE FOUR (4) POLICE PATROL VEHICLES RESOLUTION NO. 26 - §S WAIVING THE COMPETITIVE RID PROCESS AND AUTHORIZING STAFF TO NEGOTIATE IHE PURCHASE OF FOUR (4) POLICE PATROL VEHICLES Adopted (4.5 600~ 30) RESOLUIION NO. 27- 98 APPROVING AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH ZUMWALT ENGINEERING GROUP and approved Budget Change Form; Approved (4.6 300-40) the Warrant Register in the amount of $1,524,121.00. Item 4.3 was removed from the Consent Calendar for cfiscussion. Nita Wixson, Cronin Circle, and a neighbor, Cora who also lives in IOldara stated she was very enthusiastic about the renovation of Mape Park but she was surprised to see that the bridge is moving forward. £ssentiallx, the issue f~r homeowners in IOldara is they are in full suppOrl of the bridge but they are concerned about liabili& and safety issues. They experienced a burglary at the unit on the corner. They feel unfriendly foot traffic coming off San Ramon Road will be a problem. They would like the City Council to consider delaying approval. They su~gested another option where they would have the ability to speak to others in the community regarding shared concerns and ideas. CITY COUNCIL I'41NUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, lqarch 17, 1 998 ~. PAGE 132I Mayor Houston stated he had been involved in this for quite some time. There was quite an extensive time when a citizens committee looked at this. The Police Department was one of the more enthusias~'c supporters of the bridge. They feel this is a definite plus with regard to law enforcement. Problems in the complex coming from San Ramon Road is much closer to them that this bzidse. He felt things would be enhanced by having this bridge. This has gone through a long process and stated he is in favor of it at this time. Ms. Wixson stated there was a large majoriO~ of the neighborhood on the other side of the park opposed to this. She ques~'oned the definition of the need It sounds like a great expense. She was surpzised that grammar school age children would be going to school by themselves on foot. This seemed to be a stron$ basis for this proposal. She requested background informa~'on on this. She queslioned why the bridge was proposed as such an important part of this project. Mayor Houston responded this was what the neighbors wanted Several of her neighbors supported a bridge. Access and use of the park was more important than ctulclren walldng to school. The Police Department feels it will be enhanced from an enforcement standpoint. Ms. Wixson stated she felt this would be less of an issue for homes set further baclc. There are people Choosing to use this isolated ~ea for grafl~ti and not f~rnily oz~ented acti~qties. Shejus! received the agenda on Salutda3 and she did not realize tonight would be the final decision on this item. Mayor Houston stated the decision was made over a year ago. This provides grant funding. Cm. Barnes stated she thought the bridge would have lighting to belier illuminate the are~ so we wouldn't have so manyproblems. She reminded eveo~one that Mr. class from H/ells School came and asked for the bridge also. A/lc. Thompson stated he thought $ lights had been put in. Mayor Houston stated he felt having the bridge will enhance the area rather than maMng it worse. Police Chief Thuman stated from a patrol standpoint it ~vill improve their ability to patrol the area. H~hen areas are isolated they tend to attract people who want to be secluded This will give more access points and ~vith more routine foot traffic, will be a less desirable area for unwanted activities. Ms. WL~son stated she had never seen a bicycle patrol come through the path. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, March 1 7, 1998 · PAGE 134 Chief Thuman stated in the sprinstim¢ and early fall is when they do most of their patrol on bicycles. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted (4.2 1060- 90) RESOLUTION NO. 28- 98 APPROVING BiCYCLE/PEDESTRiAN IMPROVEMENT PROSECT AND DIRECTING STAFF TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDING GOVERNMENT COST SAVINGS AND TAXPAYERS PROTECTION AMENDMENT (PECG INITIATIVE) 7:32 p.m, 5.1 (660-40) Public Works Director Thompson advised that the City has received a communication from the Consulting Engineers and Land Surveyors of California requesting opposition to this initiative, which would require agencies such as the City to utilize State Engineers for Capital Project design. Mayor Houston stated our city is traditionally a contract city and this allows us flexibility to get things done. Taking this away would be a disservice. Delays could be 2 or 3 years waiting for them to even be able to do the project. It takes away our ability to expedite a project. Delays can cost literally millions of dollars. Cm. Burton felt people should understand that there is a misstatement in the title. They are trying to monopolize and keep all the business in the state. People need to talk to their friends about this. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUIION NO. 2§- §8 OPPOSING THE "GOVERNMENT COST SAVINGS AND TAXPAYERS PROTECTION AMENDMENT" (PECG INITIATIVE) CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING St. Patrick's Day, March ~ 7, 1 PAGE 135 DUBLIN SENIOR CENTER FOUNDATION 7:35 p.m. 5.2 (595-60) Parks & Community Services Director Lowart presented the Staff Report and advised that the City had received a letter from C. IL Cocilova, President of the Dublin Senior Center Foundation requesting that the City consider reimbursing the Foundation for eXpenses incurred to establish the Foundation. The expenses totaled $767.05 and documentation has been provided to Staff. The Board of Directors of the Foundation are also requesting support from the City for: 1) Use of City facilities at no charge for monthly meetings of the Foundation Board of Directors and for Fund-raisers of the Foundation. 2) Use of Dublin Senior Center address as the corporate address for the Foundation and space at the Senior Center for storage of one file cabinet and to post announcements of the Foundation. 3) Use of the Dublin Senior Center telephone number where messages can be left for members of the Board of Directors. 4) Use of copy machine at Dublin Senior Center with supplies furnished by the Foundation. 5) Investigate whether the Foundation could be covered under the City's insurance coverage. 6) Grant an exception to Chapter 5.24 of the Dublin Municipal Code related to Fireworks by adopting a Resolution. Mayor Houston asked if the Senior Center had voicemail. Ms. Lowart stated they do have an answering machine but no voicemail. Mayor Houston asked about using the address and if they would foresee the limited access as a problem, rather than using a post office box, where they would have 24 hour access. George Zika stated he understood there is a waiting list for Post Office boxes. In addition, some documents have to come to an address rather than a post office box anyway. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING Patrick's Day, ~4arch ~ 7, 1998 ~ PAGE 136 Mayor Houston confirmed that no one will get keys and have access all the time to the facility. Mr. Zika stated this is not a problem. They don't move that fast. Cm. Burton stated he was inclined to go against the fireworks request because it will open up allowing others. He is proud of the way they have gotten started, but this would allow someone to get a group together in the spring and come down and apply for a permit. Mr. Zika stated they may be able to get around this requirement, based on which date they use. Their first meeting was back in February of 1997, but they didn't get their tax exempt number until October. He understands the concerns. Most of the Board members have been in the community for over 30 years and all the money will go back into the senior center and their programs. Cm. Burton stated 2 groups can go together and they could go with someone else who got a permit in the lottery. He stated he would leave it to the City Attorney to make an interpretation of the code section. Mayor Houston stated he feR until you have articles of incorporation and a tax identification number, you are not an organization. He felt all the other requests were valid and he would like to go forward. He did not feel that one half of a fireworks booth would change anything. Ms. Silver read Section 5.24.060 of the Dublin Municipal Code. "Permits - Prerequisites For issuance. A. No permit to sell safe and sane Fireworlcs shall be issued to any person except nonprofit organizations or corporations which have obtained tax exempt status l~om the State Franchise Tax Board under Secffon 33701(b), (d), (D, (g), or (1) of the Revenue and Taxation Code. B. Each such organization must have its principal and permanent meeting place in the ciO, h'mits and must maintain a bona fide membership of at least twen& (30) members, and must have been organized and established within the ciO, for a minimum of one year continually preceding the filing of the application for the permit." Ms. Silver stated it is ultimately up to the Council to interpret, but she felt they need to be established for one year. Cm. Lockhart stated she interpreted it differently. As long as they have a tax exempt status and have been an organization for a year, they meet the CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING St. Patrick's Day, March 17, 1998 · PAGE 137 requirements. She did ,not feel they are creating problems down the road. The code wants them to have a years worth of history and to know they have cleared all the state hoops. They are only getting their names in the lottery; they aren't guaranteed of getting a booth. Mayor Houston felt as long as the "people to save the midget whales" or some such group can't come in, this would be okay. He felt it would be wiser to clarify the ordinance. Ms, Silver felt if their interpretation is this foundation has met the requirements of the code they don't need an exception and they could just make a motion to state this organization has met the requirements and comes within the definitions set forth. On motion of Mayor' Houston, seconded by Cm. Lockhart, and by majority vote, the Council approved inclusion of the Dublin Senior Center Foundation in the fireworks lottery (Request No. 6) because they have met the requirements under the DMC at this time. Mayor Houston voted in opposition to the motion. On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council approved the requests (1 through 4), and the Budget Change Form. Request No. 5 was denied as the City is a member of a JPA which provides insurance coverage only for the City. PUBLIC HEARING ~ JEFFERSON AT DUBHN MULTI-FAMILY PROJECT, PLANNED DEVELOPMENT REZONE PA 97-018 7:56 p.m. 6.1 (450~30) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that this public hearing is for a proposed Ordinance approving the Planned Development Rezone application for the Jefferson at Dublin Multi-Family Project submitted by JPI Westcoast, L.P.. The proposed project includes 368 multi-family units to be located on approximately 16 acres at the northeast corner of Hacienda Drive and Central Parkway. The Ordinance was introduced at the City Council meeting of March 3, 1998. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, March 17, 1998 .~ PAGE 138 Mr. Peabody explained that this is the first PD project to fall under the provisions of the new Zoning Ordinance. The Development Plan will in essence become the zoning for the site. Where the Development Plan is silent, the, development of the site will rely upon the Zoning Ordinance that is currently in effect at the time of the development or any future modification to the site. No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 4 - 98 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCAIED AT THE NORTHEAST CORNER OF CENTRAL PARKWAY AND HACIENDA DRIVE (APN 986-001-001-10) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR JEFFERSON AT DUBLIN PROJECT (PA 97-028) PUBLIC HEARING CREEKSIDE OFFICE PARK PLANNED DEVELOPMENT REZONE PA 97-031 7:58 p.m. 6.2 (450-30) Mayor Houston opened the public hearing. Staff advised that adoption of this Ordinance would approve the Planned Development Rezone application for the Creekside Office Park Project, located on $1.2 + acres at the northwest corner of Hacienda Drive and Central Parkway. The Ordinance was introduced at the March $, 1008 City Council meeting. Adoption of the Resolution would establish the findings and general provisions for the PD Rezoning. No public testimony was entered by any member of the public relative to this issue. CITY COUNCIL MINUTES VOLUI'4E 1 7 REGULAR lqEETING St. Patrick's Day, lqarch 17, 1 PAGE 139 Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 5 - 98 AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF PROPERTY LOCATED AI THE NORIHWESl CORNER OF CENTRAL PARKWAY AND HACIENDA DRIVE IN THE EASTERN DUBLIN SPECIFIC PLANNING AREA (APN 946-15-1-4 (pot) and adopted llESOLUTION NO. 30 - 98 APPIIOVING AND ESlAB£1SHING FINDINGS, GENERAL PROVISIONS, DEVELOPMENT REGULATIONS AND DESIGN GUIDELINES FOR A PLANNED DEVELOPMENT {PD) REZONING CONCERNING PA 97-031 CREEKSlDE OFFICE PARK PROJECT FARMERS' MARKET INTERIM REPORT 8:00 p.m. 7.1 (470-50) Economic Development Manager Reuel presented the Staff Report and advised that Pacific Coast Farmers' Market Association (PCFM), which operates 14 markets, and Urban Village (UVFM), which operates 4 markets in the Bay Area, were approached regarding starting a farmers' market in Dublin. Mr. Reuel discussed the analysis made by Staff related to starting a farmers' market. Start-up costs associated with the establishment of a farmers' market would range from $10,000 to $20,000 in the first year and $5,000 to $10,000/year in the second and third years. After the third year, the market should be self-sustaining. If the Council wants to go forward with this, an additional appropriation from reserves would be required as there are currently no funds budgeted for this activity. Sponsorship costs could be made by the City from the General Fund as part of Community Promotion. Mr. Reuel discussed the 9 potential locations identified in the Staff Report. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING ~ $~. Patrick's Day, ]qarch 17, ~ PAGE ! 40 Vendors recommend a weekly farmers' market starting in May and lasting until October. A suggestion has been made to have Dublin's on a Sunday because of the fact that the two closest markets (in Danville and Pleasanton) are both held on Saturdays. Weekday afternoons or evenings are another possibility. Mr. Reuel advised that John Silveria of PCFM was present to address any issues. Cm. Barnes reported that Livermore has one set for Thursday evenings from 4:30 p.m. to 8:00 p.m. Mr. Reuel advised that most of them need at least a 4 hour time block. References checked reveal this requires very little staff time. They are very professional. They typically advertise in local papers and maybe do a mass mailing to get it going. There is a need for set up costs. Both operators felt very strongly that we need to do it right or don't do it at all. There is time, but not a lot of time to get one started this year. Cm. Burton asked for an explanation of putting money in to subsidize an organization. They are making money or they wouldn't bother withit. The farmers also make money. He questioned the need for the City to put in money. Mr. Reuel stated both are non-profits as operators. Both charge farmers to come in with a booth fee. The majority of the costs are for advertising ranging between $10,000 and $16,000 in the first, year to get this going. Cm. Burton felt something is missing when we have to subsidize a business with this amount of money. Is it that the organization and farmers don't make enough money? Mr. Reuel stated because it is a first year operation there is no money in it. The majority of cities he contacted stated they all needed this initial injection. Mayor Houston felt the operative thing is community promotion. The Downtown Task Force also feel as he does that we are promoting our City. It would be for half a year. Mr. Reuel stated Pleasanton's market grew to become a year round event. Cm. Lockhart explained that as a member of the Task Force, the reason this came from the Task Force is because they were looking for a way to promote the downtown area. They see it as a responsibility of the City to help promote the CITY COUNCIL MINUTES VOLUI"4E 1 7 REGULAR I'4EETING St. Patrick's Day, JvJarch 17, 1 PAGE 141 downtown area as they definitely need it right now. Tkds is where it came from. This is a promotional activity. Neither of the grocery stores that serve Dublin have representation on the Task Force. Nobody said, "don't put it in front of my place". Cm. Burton stated he supports the Task Force, but felt it deserved questioning. It is an important issue that we have the support of businesses and that they want it. Mr. Reuel requested that the Council consider a day and location and then the last issue would be the need to get the RFl?s out quickly. A lot of small issues need to be resolved to make it work. Tom Benigno, a resident of Dublin for about 12 years, stated he was born in Oakland in the 1930's. He stated he would not be cantankerous, but felt if this is the best proposal Mr. ReueI can give Dublin, he would like to try out for his job. He knows Mr. Silveria. Night before last he got a message that he bought 3 cartons of grapes that came in from Chile. Local 870 sent in a letter to our office and 6,000 employees in this union are against all farmers' markets in the United States. After making many phone calls, he spoke with the enforcement officer in Sacramento who works with a budget of only $40,000 a year to find illegitimate things going on in this industry. These operators sell both certifiable and non~ certifiable products. He explained what is certifiable and what isn't. The certification comes from the State of California. He felt the City Council has already made an agenda that they want to pass this thing. This is not the way to help farmers. Mr. Silveria is not a non-profit organization. He brings in stuff from Chile, Mexico, and other areas outside of the Country. Mayor Houston told him he felt he was getting into areas that are personal and outside the purview of what is being discussed. He may want to pursue avenues with the State of Federal governments. Dublin is concerned with the safety of items sold. We do not have an agricultural department here. This is a federal issue. Issues he brought up are not of local concern. Mr. Benigno stated he is ready for a fight. He has fought bigger and more powerful people than this town. He wants to see a fair shake for the farmers. This is justification for the small guys. He will file a declaration in the courts tomorrow against these organizations. He will not go after the City. This town has lost 7 markets in the last 15 years. This should tell us something. We should turn it over to our legal department to investigate. Why should the city donate $20,000 to start up a business? The operators only have 2 locations where they have to tell where they spend the money. The other 15 locations they don't have CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, March ~ 7, 1 PAGE 142 to say. He put in about $160,000 to open his store, Veronica's Market here in Dublin, and he lost it. You should do the right thing and don't disgrace new development by putting in a farmers' market. Mr. Reuel thanked the 2 organizations he spoke with for the information they freely gave. Mr. Ambrose clarified that we don't have an applicant. Tonight is to decide ff the City Council wants to pursue getting proposals. John Silveria stated he is Operations Director at PCFM and owns property in Brentwood. He has never owned property in Fresno. PCFM is a non-profit corporation and he is an employee there. They have a very responsible Board of Directors. He manages the farmers' market in Pleasanton and they will be opening one in Livermore on Thursdays from 4:00 p.m. to 8:00 p.m. The Livermore Main Street project is the sponsor. He stated he felt it is important for the City to establish a goal of what they hope to accomplish He advised that he is president of the Pleasanton Downtown Association. They will abide with all laws of the State of California and they are a very reputable company. Mayor Houston asked for thoughts about Dublin being a viable market and how best to get this going. Mr. Silveria suggested it is most important to establish a goal. Do we want to create foot traffic or just raise the quality of life for Dublin residents? Foot traffic would benefit businesses and as far as day of the week, he suggested we survey the community. We have to give customers what they want when they want it. They would ask the City if they wanted to do a marling to residents. Cm. Barnes asked about hours and days of operation for some of the other cities. Mr. Silveria stated he would have no objection to accounting for the money the City put in. Theirs is an open book organization and a hand shake goes a long way. He stated budgeting is not his expertise; he is more familiar with operations. Mr. 'Ambrose stated this could be addressed as part of the RFP process. Mr. Silveria stated as a consumer the best arrangement would probably be an open parking lot area. He felt Shamrock Village or Montgomery Wards/Target CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, ~arch 17, 1 PAGE 142t both provide good access. Shamrock Village is a smaller area and it would probably have more of a negative impact. George Zika reported that the Chamber of Commerce voted and they favor the Target area or part of Regional Street, depending upon what day we have it. Sunday morning was real slow this past weekend at the Festival, but things picked up later in the day. A member of the audience who did not identify herself stated she felt feedbaCk is needed from the community and asked about how Pleasanton initially surveyed their community. Mr. Silveria responded that he did not remember but the latest survey was probably in Temescal. Pleasanton averages about 1,500 visits on a Saturday with about 38 to 45 vendors. Pleasanton made an initial donation of $24,000. Mayor Houston discussed his top 2 locations. The best location for parking and accessibility is Site #2; the Target/Montgomery Wards parking lot. He was not very interested in Site #s 6, 7, or 9. The other good location would be over at the Heritage Center, Site # I. Parking would not be as good as at the Target area, but there is a substantial amount which would work out well. The BART Site #3 may offer the best of all worlds because of freeway exposure, but in its present state it is unacceptable. Maybe in the long run by working with BART or ACTA it may be a great place. With regard to day of week, he stated he did not have his heart set on any time. Cm. Lockhart stated she approached it from day of week first. She liked the idea of an evening because we will get business people who will still be in town. By adding the extra things, people will look forward to getting there and walking around on a Friday evening. Businesses are looking for foot traffic and having people in the area. Friday evening would be good for this. There are a lot of things that would attract people. Her first choice would be between Target and Montgomery Wards. Something will be happening at some future point there, but she did not feel it would be in the next 6 months. We could start in a central location and then if necessary it could be moved. Her second choice would be by the side of Toys R Us along Dublin Boulevard. Mayor Houston stated his concern of having it on a Friday night in the downtown area is that Dublin is bustling at that time. We're not a sleepy little town like some places are. Donlon Way might be better if we have it Saturday morning. CITY COUNCIL PIINUTES VOLUME 1 7 REGULAR PIEETING Patrick's Day, Mard~ ~ 7, ~ 998 · PAGE 144 Cm. Barnes reported that in her survey a lot of people are asking for a night time event. Friday night was selected as the preferred time by a consensus and the first choice for location was determined to be Site #2, Target/Montgomery Wards. A second choice would be Site #5, Dublin Boulevard beside Toys R Us. Cm. Barnes stated she had not heard from a single person who said don't do it. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council agreed that the City should provide financial Support to a farmers' market promotion, determined the top two preferred locations (#g then #5) determined preferred day of operation (Friday evening) and authorized Staff to solicit proposals and to negotiate an agreement to be considered by the Council at a future meeting. Mr. Reuel stated the funding issue will come back with the RFP and be presented to the City Council in about a month. PROPOSED AMENDMENT TO AGREEMENT WITH LINHART PETERSEN POWE~ ASSOCIATES (LPZA) FOR BUILDING SERVICES 9:03 p.m. 8.1 (600-30) Community Development Director Peabody presented the Staff Report and advised that due to the increase of building permit activity, LP2A proposes to increase the hours the City Building Official is available in Dublin from 4 to 6 hours daily and decrease the hourly rate for the Building Official. A net decrease of $15/hour would be made in the hourly rate for Building Official and an increase of 182 hours for the balance of this fiscal year would occur. This change would result in an increase for building inspection service costs of $8,710 in FY 1997-98 which would be offset by additional revenues. Mr. Peabody explained that LP2A proposes to modify the existing contract and designate Mr. Stephan Kiefer as the City's Building Official. Mr. Ken Petersen would become Project Manager and would continue to monitor and supervise LP2A services to the City up to four hours weekly. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING St. Patrick's DaY, l~arch 17, 1 PAGE 145 Ken Petersen stated it had been just 3 short years since he was introduced to Dublin. He really enjoys being here. This year he stated he drew the short straw and became President of his company. Dublin really needs a person who can be here more hours. Stephan Kiefer is an individual who is perfect for the City of Dublin. He is Assistant Building Official with the City of San Leandro. They just received an award as the best run building department in California. Stephan Kiefer was introduced. Mr, Kiefer thanked the Council and Mr. Ambrose in particular for having the confidence in him to assume this position. He is proud to be part of the City of Dublin during this time of growth. Mayor Houston commented he had an occasion to be in San Leandro and was impressed with the customer service he received from the Building Department. He conveyed his comments to the Mayor of San Leandro. Cm. Lockhart stated she had a call from a resident who was concerned and quite upset with the Planning Department and the inspection process and she called Mr. Petersen. He took the time to go out and meet with the resident and explained exactly what he needed to know. This made it so easy for her. The resident was very pleased with the response. She thanked Mr. Petersen. This was really a good service. On motion of Cm. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council approved the amended LP2A contract, authorized the Mayor to execute on behalf of the City, and approved the Budget Change Form. PROPOSED NAMES FOR CITY PARK 9:13 p.m. 8.2 (610~20) Parks & Community Services Director Ix>wart presented the Staff Report and advised that the Eastern Dublin Specific Plan includes a 56 + community park on the Santa Rita Property which is commonly referred to as City Park. Concurrent with the development of the master plan for the park, it is necessary to determine a name for the park. Names suggested by the City Park Task Force and the Parks & Community Services Commission include: Emerald Park, Emerald Glen, Dublin Glen, James Witt Dougherty Park, and Dublin Green Park. CITY COUNCIL I~IINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, Marcl~ 17, PAGE 146 Cm. Burton asked if Dublin Glen had park at the end. Ms. Ix)wart responded no, they just selected the name Dublin Glen. Mayor Houston stated his preference of Emerald Park. Alameda County will refer to their entire area as Emerald Park. The park will be in the center of the area and everyone will know where it is located. This will really emphasize the location. Cm. Burton felt Emerald Park is already taken so he questioned how we would identify this. Mayor Houston felt this would be sifted out easily. Cm. Lockhart stated her concern was that it not be confused with Emerald Street or Dublin Green Street which we already have. She stated none of the suggestions really hit her. Cm. Barnes stated she really likes Emerald Glen, even Emerald Glen Park. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council selected the name "Emerald Glen Park" for the new park in the eastern part of Dublin.. ACCEPTANCE OF GIFF TO CITY 9:21 p,m. 8.$ (150-70) Parks & Community Services Director Ix>wart presented the Staff Report and advised that Robert Enea has been in contact with City Staff to ascertain whether the City would be interested in having the 21' gazebo currently located at Enea Plaza. Staff believes that the gazebo would be a positive addition to Shannon Park. A budget change of $4,800 would be required to pay to disassemble and move the gazebo. Cm. Burton stated they had discussed in the past having something like this at the Heritage Center to provide a nice place for brides to be photographed. Ms. Lowart stated they discussed this, but it was determined that it was a little too rural for that setting. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING St. Patrkl{'s Day, March 17, 1998 · PAGE 147 On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council accepted the gift; directed Staff to prepare a formal acknowledgment to the donor; and approved the Budget Change Form. CIVIC CENTER SPACE NEEDS REPORT 9:23 p.m. 8.4 (200~30) Economic Development Manager Reuel started his presentation with a comment made by Winston Churchill and then presented the Staff Report and advised that the original design of the 53,000 SCl. fi. Civic Center took into account the expected growth of the City and was designed and built to support a City with a population of 40,000. Almost every day, someone comments on the beauty of the building and they're usually amazed to learn that the building is almost 9 years old. When completed in 1989, approximately 4,500 sct. ft. of the building was left vacant and unimproved in anticipation for future growth The building was designed in such a way that a future building expansion could be added to the Police Wing to accommodate the City's build~out population beyond 40,000. Mr. Reuel explained that finding the best way to use the unimproved Civic Center space for current staffing needs, along with looking at the space needs for staff large enough to service a City of 56,000 at build~out in the year 2017, became a priority issue for City management and staff in order to keep pace with demands for services from a growing community. In developing the recommended space plan, George Miers & Associates was asked to: 1) maximize the utilization of existing space in the Civic Center before considering any expansion of the building; 2) accommodate the needs of the City's Operating Departments in order to maintain or improve service to the public; 3) move or replace interior walls and other building features only when necessary; 4) give office space a higher priority over storage space with the existing building to meet year 2002 needs; 5) prepare an area site plan to show expansion of parking for the Civic Center and proposed design for a new storage/ maintenance building. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING St. Patrick's Day, March 17, 1798 PAGE 148 In summary, Mr. Reuel stated there is a critical need in many of the City's Operating Departments for additional space to accommodate new employees. The City currently has 46 full and part time employees with an additional 82 contract employees. All existing office space with the exception of the expansion space at the Civic Center is being used, with new employees needed for future operations. The cost estimate for Phase I is $1.2 million and Phase II, which would include a 5,000 SCl. ft. addition would be $1.15 million. The costs associated with building this that have nothing to do with development were about $240,000. The timing for phasing was discussed. When asked approximately how long it would take, George Miers responded that he felt maybe 2 1/2 to 3 months. Mr. Reuel summarized that because of the growth phase we are in, we need to go to bid as soon as possible. Mr. Ambrose stated Staff had thought a lot about this and looked at a lot of different options. Functionally and operationally, we can't just put trailers in. We hope to be in a position of readiness so when the Council looks at capital project discussions they will be in a better position to make decisions. George Miers has been able to look at and make the space as efficient as possible. Mayor Houston stated he felt the Council appreciates the need. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council: 1) approved the Schematic Interior Layout for design of the Civic Center to accommodate growth through the years 2002 and 2017 as prepared by George Miers & Associates; 2) approved Site Area Plans by George Miers dated December 27, 1997 that will allow for additional police parking and the construction of a new 400 sq. ft. evidence garage and a new 1,500 sq. ft. storage maintenance building; and 3) directed Staff to proceed with negotiating a contract with George Miers & Associates for working drawings and bid specifications to accommodate City space requirements through the year 2002. CITY COUNCIL lqlNUTES VOLUME 1 7 REGU LAP. MEETING St. Patrick's Day, lqarch 17, PAGE 149 BUDGET ADJUSTMENT FOR CAPITAL IMPROVEMENT PROJECT TO REPAIR LANDSLIDE ALONG SAN RAMON ROAD & AGREEMENT WITH EARTH SYSTEMS CONSULTANTS FOR GEOTECHNICAL SERVICES 9:$9 p.m. $.5 (600~$0) Public Works Director Thompson advised that during the February storms, which were declared State and Federal emergencies, an earth slide developed along the slope above San Ramon Road and a smaller slide developed along Dublin Boulevard west of Silvergate Drive. Action requested on this item would employ a geotechnical engineer to establish criteria for the slope repair Mr. Thompson stated the estimated cost of a Capital Improvement Project to repair the landslide on the slope above San Ramon Road, as well as the smaller slide along Dublin Boulevard west of Silvergate Drive is as follows: City Staff Administration Geotectmical Investigation, Testing and Construction Observation Topo and Design (estimate) Construction (estimate) TOTAL $220,000 $ 5,000 $ 24,400 $ 20,000 $170,600 Mr. Thompson explained that a proposed agreement with Earth System would be in the amount of "not to exceed" $24,400 for geotechnical investigation prior to design and for testing services during construction. This project is not funded in the current budget; therefore, a Budget Change from Unallocated Reserves will be required. Mr. Thompson advised that there is a possibility that the City may be reimbursed through YEMA and FI-IWA for some of the costs associated with this storm damage. Mr. Thompson showed slides of several areas where slides occurred. Cm. Burton stated he would not like to see riprap on San Ramon Road. Mayor Houston asked about the likelihood of being reimbursed. Mr. Thompson felt it was pretty good through FHWA. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council approved the Budget Change Form and adopted CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, Nlarch 17, 1998 · PAGE 150 RESOLUTION NO. 31 - 98 APPROVING AGREEMENT WITH EARTH SYSTEMS CONSULTANTS FOR GEOTECHNICAL SERVICES SAN RAMON ROAD LANDSLIDE REPAIR AUTHORIZATION TO SOLICIT PROPOSALS FOR FINANCIAL ADVISORY AND BOND COUNSEL SERVICES TO EVALUATE OFI~ONS FOR FINANCING INFRASTRUCTURE IN EASTERN DUBLIN 9:46 p.m. 8.6 ($60-10) City Manager Ambrose advised that a number of issues need to be addressed before the City proceeds with the formation of a Community Facilities District for the purpose of financing infrastructure such as roads, freeway interchange improvements, utilities and other public improvements. Costs for a study would be paid by Dublin Ranch. If a District is formed in the future, it may be possible to reimburse the developer from the proceeds of the District. Mr. Ambrose stated DSRSD management will probably be asked to help us choose someone. We will most likely be the lead agency. Dublin Ranch will front the money. Cm. Burton stated he had not heard the terminology, Community Facilities District and asked if this is like a Mello-Roos District? Mr. Ambrose stated this is the name as provided under the law. It is a Mello~ Roos. We want to get an independent analysis of financing options. Cm. Burton felt we need to be careful how we present this to future residents. There have been a lot of problems in the past in some areas, particularly with financing for schools. Mayor Houston stated there have been good and bad experiences when you deal with assessments. When schools are financed this way, this is mainly the bad experiences. There have been problems where people can't pay off Mello~Roos amounts when they want to. CITY COUNCIL 1'41NUTES VOLUME 1 7 REGULAR MEETING St. Patrick's Day, l~arch 17, 1998 ~ PAGE 151 On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council authorized the City Manager to solicit proposals for financial advisory and legal services. OTHER BUSINESS 9:55 p.m. CTV 30 Live Call-In Show (1050-50). Mr. Ambrose advised that CTV 30 would like to schedule the next City Council live call~in show. The suggested dates are April 6 or April 20. Following discussion, the Council determined that April 20 could be scheduled for the live call~in show. Library Task Force (940-60) Mr. Ambrose reported a need to reschedule the Library Planning Task Force meeting from March 24, Staff will meet with consultants this week on when they can complete their report. He advised that he will let them know the new date. Budget Hearing Date (330-10) Mr. Ambrose advised that at the Goals & Objectives meeting last night the Council deferred selecting a date for the Budget hearing until they could check their calendars. He asked if they had selected a date. The Council determined that the Budget hearing meeting should be held on Monday, June 29 beginning at 6:00 p.m. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING St. Patrick's Day, lqarch 17, 1998 ~. PAGE 152 St. Patrick's Celebration (950-40) Cm. Lockhart congratulated GoodTimes Promotions on a really successful St. Patrick's event this weekend. League of California Cities (140-20) Cm. Lockhart reported that she and Cm. Barnes will be attending the League of California Cities EaSt Bay Division upcoming conference on Thursday in Hayward. She is on the League's Transportation Communications and Public Works Policy Committee On Thursday evening they will be discussing, among other things, high speed rail, outdoor advertising, telecommunications task force and developing policy legislative updates on a myriad of bills that could hurt and help us. President of the League, Ron Bates will be speaking. Legislation (660-40) Cm. Barnes stated she will also attend the Community Service Workshop. She referenced Legislative Bulletin # 10 and discussed two bills. SB 2001, Vehicle License Fees could hit Dublin for about $1,090,000. It is unlikely any backfill will occur. Also we should watch AB 1691, the Sales Tax Exemption. These will take money away. Cities seem to sit back and let these things happen. Our basic services are threatened. On HR 1534 a letter was sent about local control. This is still looming over us. I~ 580/I~680 Flyover Project (800~ 30) Mayor Houston reported that he finally got a paper about the phasing of the flyover project. The City Manager is reviewing it and will get a report back to the City Council. We need to be able to answer questions from constituents and business people with regard to what is happening and have a conceptual idea of what's happening. St. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING Patrick's Day, lqarch 17, 1998 · PAGE 153 St. Patrick's Celebration (950-40) Mayor Houston congratulated all Staff on a very successful St. Patrick's Day event. He would like to have a debriefing sometime within the next 30 days while it is still fresh on everyone's mind. Thank yous to the celebration sponsors will be coming soon. Also, this is "Dublin Pride Week". Dublin Pride Week (150-80) Cm. Lockhart reported that this is official Dublin Pride Week and on your regular garbage pick up day people can put out extra garbage. Businesses were thanked who have displayed posters. Mr. Rankin explained that the special pickup does span an additional week. If people have questions, they can call Livermore Dublin Disposal at 447-1300. AplOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:04 p.m. Clerk" CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING St. Patrick's Day, March 17, 1 PAGE 154