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HomeMy WebLinkAbout4.01 Draft CC 2-4 & 7-06 Minutes SPE.CIAL ME.E.TIN6 - FEBRUARl' 4. 2006 A special joint meeting (Goals & Objectives Workshop) of the Dublin City Council, Planning Commission, Parks & Community Services Commission, and Heritage & Cultural Arts Commission, was held on Saturday, February 4, 2006, in the Regional Meeting Room of the Dublin Civic Center. The meeting was called to order at 9:04 a.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz, Zika, and Mayor Lockhart Planning Commissioners Biddle, Fasulkey, King, Schaub, and Wehrenberg Parks & Community Services Commissioners Cain, Flores, Guarienti, Hart, and Jones Heritage & Cultural Arts Commissioners Acuff, Fasulkey, Mack, Vonheeder- Leopold and White ABSENT: Parks & Community Services Commissioner Muetterties Heritage and Cultural Arts Commissioners Halket and Lussie . I. WELCOME Mayor Lockhart welcomed the Planning Commission, Park & Community Services Commission, Heritage & Cultural Arts Commission, Staff and members of the public to the Goals & Objectives Workshop. Mayor Lockhart reviewed ground rules, indicating that the pmpose of this meeting was to provide each Commission an opportunity to have a dialogue with the City Council regards those goals and objectives related to their respective area of responsibility. This information will assist the City Council as they consider the City's 2006-2007 Goals & Objectives Program in March. The discussion at this meeting would initially focus on those objectives in which the priority of the CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 34 Lt. \ ry Commission differed from City Staff and any new objectives proposed by the Commission, as well as how those objectives related to the 2006 Strategic Plan update. At the end of each session, discussion would take place regarding the possible creation of a Housing Commission/Committee, which wasn't part of the 2005-2006 Goals & Objectives Program. The Council was interested in feedback from each of the Commissions. City Manager Richard Ambrose presented a PowerPoint presentation, in lieu of a Staff Report, to review the City's Strategic Plan, Mission Statement, Vision, Strategies. He detailed the City's accomplishments in relation to these strategies. II. PLANNING COMMISSIONIDISCUSSION OF GOALS & OBJECTIVES The Council and Commission discussed the proposed objectives for accomplishing each of the Planning Commission's goals, focusing primarily on those goals in which the Staff and Commission rankings differed. Planning Commission Chair Schaub advised that, during the course of this year, the Commission wanted to focus on Dublin's character and sense of community from a Planning standpoint. Goal #1: IMPLEMENT RESIDENTIAL PLANNED DEVELOPMENT AND INVESTIGATE OPPORTUNITIES TO CREATE A NEW VILLAGE IN EASTERN DUBLIN TRANSIT CENTER Chair Schaub asked Staff to define this goal because it was his belief this goal had been completed. City Manager Ambrose and Community Development Director Ram advised that a portion of this goal had been completed, but the balance of components of the Center were still in progress. CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 35 Goal #3: COMPLETE GPA STUDY ON THE TRANSPORTATION CORRIDOR RIGHT-OF-WAY Community Development Director Ram explained that the Planning Commission had ranked this goal as Medium, whereas Staff had ranked it High, because it was a City Attorney mandated goal. As such, the Planning Commission did not give it one of its limited High priorities. The Commission concurred and suggested including the words "Union Pacific" in the description to better identify the goal. Mayor Lockhart and Staff concurred. The Commission asked if this goal included the traffic impacts that would be a result of the Dublin High expansion. The Commission, Council and Staff briefly discussed the potential traffic impacts of the High School expansion. Staff had been in contact with the Dublin Unified School District (DUSD) on the issue, and the topic would also be included on an upcoming Dublin/DUSD Liaison Committee meeting agenda. The Commission discussed the goal and agreed to change its priority ranking of this goal from Medium to High. Goal #8: COMPLETE SCARLETT COURT SPECIFIC PLAN Chair Schaub stated the Planning Commission believed Scarlett Court was complete; therefore, the Commission ranked this goal as Delete. Community Development Director Ram explained that Staff ranked it as High because there were some things that could still be done, such as streetscape and signage, if the Council so desired. Mayor Lockhart concurred that the work on Scarlett Court had not been completed, as evidenced by the one-year time period the City gave the businesses to complete dCITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 36 the work and failed to do so. The Specific Plan completed; since this area was freeway frontage, it represented the look of the community. Cm. Zika noted that it was better to let the businesses know what was required of them and then let the businesses complete those items. City Manager Ambrose explained how the land use of the property in that area could be changed. The Commission discussed the goal and agreed to change its priority ranking from Delete to High. Goal #10: COORDINATE GENERAL PLAN WORKSHOP WITH CITY COUNCIL/PLANNING COMMISSION Chair Schaub explained that the Commission ranked this Low, as opposed to Staff's ranking of Medium, because it wanted to explore the feasibility of doing this differently by spending time on Specific Plans rather than the General Plan. Mayor Lockhart stated that this goal was carryover from about four years ago. Goal #12: STUDY IMPACTS OF DEVELOPING CITY ORDINANCE BANNING ANY FUTURE DRIVE-THROUGH ELEMENT ON RESTAURANTS OR ESTABLISHING AN ADDITIONAL FEE TO FUND CLEAN AIR PROGRAMS IN THE CITY Cm. McCormick stated that the reason for this goal was to cut back on cars idling in drive throughs, which leads to poor air quality. Mayor Lockhart noted that this goal would have more impact in the eastern part of the City as build-out occurs. Community Development Director Ram discussed the possibility of prohibiting drive- throughs in each PD, and City Staff could continue to discourage drive-throughs for CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 37 established businesses. Business owners currently need Planning Commission and City Council approval for drive-throughs. City Manager Ambrose stated that the City had not approved any drive throughs since this practice had been established. The Planning Commission discussed potential noise and traffic issues related to this goal and suggested waiting to deal with this issue until it came up. Goal #13: INVESTIGATE PARKING AND ACCESS ALTERNATIVES FOR VILLAGE PARKWAY SPECIFIC PLAN AREA Chair Schaub stated that the Planning Commission ranked this Low/Delete, as opposed to Staff's ranking of Medium, because progress might be made by combining discussions on this goal with discussions regarding the bordering area's Specific Plan. Mayor Lockhart stated that this goal was put in the Program about 5 years ago, and its intent was for future traffic issues that might arise with new establishments in the area. City Manager Ambrose advised that the Village Parkway Specific Plan did not really accomplish the goal that the Council was looking for because the property owners were opposed to change. The Council had previously decided to wait until the properties were ready to turnover, which had not yet happened. Mayor Lockhart suggested the goal remain to let everyone know it was something to work on in the future. Goal #14: DEVELOP CITY COMPREHENSIVE TELECOMMUNICATIONS POLICY Commissioner Fasulkey distributed and discussed the Planning Commission's write- up on this goal, which started with an Antenna Ordinance.s CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 38 City Manager Ambrose added that, because of a ruling in another California city, Dublin might have to revisit its Wireless Ordinance as part of its Municipal Code update - to determine who had regulatory authority over what. The City needed to have a better understanding of where this industry was going. The Commission proposed funding to provide a consultant to represent the City's best interests, also development of an Advisory Committee to negotiate with the telecommunications providers. The 1996 Telecommunications Act put the ground rules in place for Cities to negotiate franchise agreements for cable television. A few years ago, the City took the position that it was better to negotiate as a Valley rather than as an individual City because the Cities would have more clout as a group. The Cities collectively hired a consultant to represent them, as well as hired legal counsel. The landscape had changed and the Council would need to reconsider its position: as the providers do not want to serve everyone and were putting more pressure on cities to get out of their way. The Council will consider an item on its February 7, 2006 Agenda regarding the City's position on the issue. The Council, Commission and Staff briefly discussed the issue and agreed that there would be a need for more action. The Commission reiterated the importance of an Advisory Committee and consultant for telecommunication negotiations. Goal #18: HOLD STUDY SESSION WITH CITY COUNCIL TO DISCUSS HOW DUBLIN BL YD. WILL LOOK AND FEEL FROM SCHAEFER ROAD TO FALLON ROAD The Commission asked Staff to confirm that Goals # 16 and # 17, related to the look and feel of other portions of Dublin Boulevard, would be rolled into Goal # 18. Staff confirmed that Goal # 18 did include those portions of Dublin Boulevard referred to in Goals # 16 and # 17 . Chair Schaub asked if the look of five-story buildings on both sides of Dublin Blvd. was what the City wanted. CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 39 Mayor Lockhart advised that a previous Planning Commission had discussed that issue, and she was now more interested in the west side of Dublin Boulevard. She suggested that this goal might be better dealt with as a workshop since the Commission had numerous varied questions about different Specific Plans. The Council and Commission agreed to hold a workshop with the current City Council's input. Mayor Lockhart asked for the Planning Commission's input on the concept of a Housing Commission/Committee. The Commission advised that it was in favor of an Advisory Committee to the Planning Commission. City Manager Ambrose explained the difference between Departmental Goals versus Commission Goals and stated that Department Goals were also carried over to the next year if incomplete. . Mayor Lockhart called for a short recess at 10: 17 a.m. The meeting reconvened at 10:26 a.m. . III. PARKS & COMMUNITY SERVICES COMMISSIONIDISCUSSION OF GOALS & OBJECTIVES The Council and Commission discussed the proposed objectives for accomplishing each of the Parks & Community Service Commission's goals, focusing primarily on those goals in which the Staff and Commission rankings differed, as well as an additional objective proposed by the Parks & Community Service Commission. Goal #11 ASSESS POTENTIAL FOR JOINT PROJECT/ FACILITY IMPROVEMENTS AT DUBLIN HIGH SCHOOL CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 P AG E 40 Parks & Community Services Commission Chair Flores stated there was little cooperation from DUSD regarding this goal. Mayor Lockhart asked how Joint Use Agreement discussions were going with DUSD. Parks & Community Services Director Diane Lowart stated. she hoped there would be a positive change with the new DUSD administration. City Manager Ambrose stated that this specific goal was related to the future improvements at Dublin High School, not Joint Use Agreements in general. The Council and Commission discussed the issues associated with scheduling school facilities. Parks & Community Services Director Lowart reiterated the importance of working with DUSD to enable City scheduling of school facilities. Mayor Lockhart suggested adding an item addressing the Joint Use Agreement to a future City/DUSD Liaison Committee meeting agenda. Cm. Hildenbrand concurred. City Manager Ambrose stated that Joint Use Agreements between the two parties benefited the City by adding 43 acres of parkland to City figures. Mayor Lockhart suggested the City continue to participate in discussions related to joint projects. Goal #12: SECURE FUNDING AND PURSUE CONSTRUCTION OF THE DOUGHERTY HILLS DOG PARK Commissioner Jones discussed the addition by the Commission of Goal #12 and suggested renumbering it to Goal #2. City Manager Ambrose explained that funding for this goal was in the Capital Improvement Program (CIP) and it was now a matter of the Council looking at the CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 41 entire budget and determining whether the City had the resources to move forward with construction in 2005-2006. Chair Flores addressed the possibility of community funding for amenities such as benches and fountains. Staff stated that the Rotary Club had already approached the City with an offer of funding. Goal #6 WORK WITH EBRPD TO COMPLETE NEGOTIATIONS FOR LAND ACQUISITION IN THE WESTERN HILLS FOR AN OPEN SPACE AREA Goal # 7 IDENTIFY AND SECURE SOURCES OF FUNDING FOR LAND ACQUISITION IN THE WESTERN HILLS FOR AN OPEN SPACE AREA Goal #8: UPON COMPLETION OF LAND ACOUISITION IN THE WESTERN HILLS. COMPLETE AN OPEN SPACE MASTER PLAN AND APPROPRIATE CEQA DOCUMENTS The Commission stated that is was in agreement with Staff rankings on Goals #6, #7 and #8 regarding Open Space, as these are ranked Medium for now, but would like to see them ranked as High once the property owners were willing to participate. Mayor Lockhart asked for the Parks & Community Services Commission's input on the concept of a Housing Commission/Committee. . The Commission stated that it had the input of the Senior Advisory Committee and felt a Housing Committee could be similar in reporting to the Planning Commission. It should be mixed members, and have a one-year trial period. . CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 42 Mayor Lockhart called for a short recess at 10:48 a.m. The meeting reconvened at 10:56 a.m. . IV. HERITAGE & CULTURAL ARTS COMMISSIONIDISCUSSION OF GOALS & OBJECTIVES The Council and Commission discussed the proposed objectives for accomplishing each of the Heritage & Cultural Arts Commission's goals, focusing primarily on those goals in which the Staff and Commission rankings differed. Goal #8 SUBMIT APPLICATION FOR CALIFORNIA CULTURAL HISTORIC ENDOWMENT GRANT FOR DUBLIN HISTORIC PARK PROJECT Vice-Chair Mack stated the Commission ranked this goal as High, as opposed to Staff's ranking of Medium, because the Commission intended to submit an application, depending on criteria, for funding for cost of the acquisition of real property and cost of construction of capital projects in the spring of 2007 . Staff advised that they ranked it Medium because they were not aware of the criteria for the funding; however, were willing to change the ranking to High if the criterion was applicable. Goal #12: COORDINATE ONE NEW VISUAL ARTS EXHIBIT AT THE CIVIC PLAZA SENIOR CENTER. OR LIBRARY Commissioner Mack discussed the Commission's ranking of High, versus Staff's ranking of Medium for this goal, in order to have additional art displays in Dublin. Heritage & Cultural Arts Supervisor John Hartnett stated security of displays was an Issue. CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 43 Mayor Lockhart asked if there was anything the City could do to have more secure space to display visual arts. City Manager Ambrose discussed the lack of space for display cases and storage of cases at City facilities. Mayor Lockhart asked if City Staff was considering more storage space in new City facility designs. Parks & Community Services Director Lowart stated that Staff was planning for more storage at the new Shannon Center. Cm. Zika suggested the possibility of additional display cases at the Senior Center. Commissioner Acuff discussed borrowing an exhibition from a museum, renting display cases and hiring security guards. Mayor Lockhart stated the City had discussed borrowing exhibits before. Chair Vonheeder-Leopold stated the reason the Commission ranked this goal as High was because of the need to keep art very visible for people to think about it. The Council and Commission discussed the issue and agreed that discussion would continue related to borrowing exhibits, as well as continuing to lend City art collections to different City businesses for display. Goal #9: DETERMINE THE FUTURE LOCATION AND USE OF THE ANTONE SCHOOL (WALLIS PROPERTY) Parks & Community Director Lowart advised that the Antone School would be moved to the Wallis Ranch Project by the developer. Mayor Lockhart discussed her attendance at a meeting in Sacramento where the old St. Raymond Church and Cemetery were approved for National Register of Historic CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 44 Landmarks. Staff was still working on the Old Murray Schoolhouse approval because it had been moved from its original site. Heritage & Cultural Arts Supervisor Hartnett commended Heritage Center Director Elizabeth Isles for her work on the application process. The Council and Commission agreed that Ms. Isles was a valuable resource for the community. Mayor Lockhart asked for the Heritage & Cultural Arts Commission's input on the concept of a Housing Commission/Committee. The Commission supported the Advisory Committee concept and agreed with a trial period for the committee. Chair Vonheeder-Leopold discussed TV-30's interest in acquiring the old Dublin Senior Center site for its studio, and encouraged the City to support bringing TV -30 to Dublin. TV-30 had outgrown its current space and liked the central location of Dublin. Mayor Lockhart suggested putting this item on the upcoming City/DUSD Liaison Committee meeting agenda, as the old Senior Center site was owned by the School District. . There being no further business to come before the Council, Mayor Lockhart thanked the Commissioners and Staff for their participation, and adjourned the meeting at 11 :29 a.m. to the next regularly scheduled City Council meeting to be held Tuesday, February 7,2006, at 7:00 p.m. in the Council Chambers located at 100 Civic Plaza, Dublin. . Meeting minutes taken and prepared by Caroline Soto, Deputy City Clerk. Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING February 4, 2006 PAGE 45 MINUTES OF THE Crn' COUNCIL OF THE Crn' OF DUBLIN RE6ULAR MEE.TIN6 - FEBRUARl' 7. 2006 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: L CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (b)(l) Facts and Circumstances: Government Code Section 54956.9, subdivision (b)(3)(B)- CIP Project # 96920 IL CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code section 54956.9, subdivision c (3 potential cases) IlL CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of cases: Alameda County Superior Court Case Nos. City of Dublin v. Angela Gaspare, et al - VG05222845 City of Dublin v. Ralph Gil, et al- VG05241773 City of Dublin v. Tejindar P. Singh, et al - VG05228899 City of Dublin v. Wohlross Associates, et al- VG05238505 . A regular meeting of the Dublin City Council was held on Tuesday, February 7, 2006, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Lockhart. . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 46 ~ W ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no action was taken during Closed Session. . ORAL COMMUNICATIONS Introduction of New Employees 7:00 p.m. 3.1 (700-10) Community Development Director Jeri Ram introduced the Community Development Department's new Office Assistant II, Taryn Powell. City Manager Richard Ambrose introduced new Administrative Services Director, Paul Rankin, and advised that Mr. Rankin was previously employed by the City of Dublin from 1983 - 1993. The Council welcomed Ms. Powell and Mr. Rankin to the Dublin City Staff. . DUBLIN CITY COUNCIL MINUTES VOLUME 2S REGULAR MEETING February 7, 2006 PAGE 47 ~ ~ Appointment to Senior Center Advisory Committee 7:04 p.m. 3.2 (110-30) City Clerk Fawn Holman presented the Staff Report and advised that the Council would consider the appointment of Jim McCuen to the Senior Center Advisory Committee to fill the unexpired term of Luis Batiza, who recently resigned. Jim McCuen thanked the Council for his appointment and stated that his wife was a very active volunteer in the City and he looked forward to becoming involved, as well. On motion of Vm. Oravetz, seconded by Cm. Zika and by unanimous vote, the Council confirmed the Mayor's appointment of Jim McCuen to the Senior Center Advisory Committee to fill the remaining portion of a term which ends December 2008. .. Public Comments 7:05 p.m. 3.3 No comments were made by any member of the public at this time. . CONSENT CALENDAR 7:05 p.m. Items 4.1 through 4.11 On motion of em. Zika, seconded by Cm. McCormick and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of January 17,2006; Authorized (4.2 600-35) Solicitation of Bids - Contract No. 05-14, Freeway Underpass Artwork Lighting, Phase 2; DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 P AG E 48 Adopted (4.3 600-35) RESOLUTION NO.7 - 06 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY - FUNDED REPAIR PROGRAM) and authorized Staff to advertise for bids for the FY 2005-2006 Annual Sidewalk Safety Repair Program and Curb Ramp Installation; Authorized (4.4 600-30) Mayor to execute City Manager's Employee Agreement; Adopted (4.5 700-20) RESOLUTION NO.8 - 06 AMENDING THE SALARY PLAN TO ADD CITY MANAGER AND CITY ATTORNEY Adopted (4.6 600-30) RESOLUTION NO.9 - 06 APPROVING AGREEMENT WITH JAMES & ELINOR LANGE, SUSAN PLISSKIN, LAWRENCE PLISSKIN, STEVEN & JUDITH GOLDMAN, AND GREEN BEAR, LLC, FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE LOCATED AT 6500 DUBLIN BOULEVARD and accepted the Grant Deed and Grant of Temporary Construction of said property; and authorized the City Manager to issue a check in the amount of $1,012,267.20 payable to Chicago Title Company for deposit into escrow; Adopted (4.7 410-40) RESOLUTION NO. 10 - 06 APPROVING PARCEL MAP 8726 (SHAMROCK FORD, INC., A CALIFORNIA CORPORATION) Accepted (4.8 600-35) Work - Contract No. 04-08A, Village Parkway Sidewalk Widening and Lighting Improvement; DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 49 Waived readings and adopted ORDINANCE NO.4 - 06 APPROVING A STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS DUBLIN TRANSIT CENTER SITE E-l (METROPOLITAN AT DUBLIN STATION) PA 05-042 and ORDINANCE NO.5 - 06 APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN TRANSIT CENTER SITE E-l, P A -05-04 2 Adopted (4.10 600-30) RESOLUTION NO. 11 - 06 APPROVING AN AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH ASSOCIATED ENGINEERING CONSULTANTS, INC., FOR CONSTRUCTION INSPECTION SERVICES FOR ADDITIONAL INSPECTION SERVICES IN THE AMOUNT OF $41,000 Approved (4.11 300-40) the Warrant Register in the amount of $2,588,897.59. . WRI'ITEN COMMUNICATIONS - None .. PUBUC HEARINGS Public Hearing Adoption of Ordinance Amending the Loitering Provisions of the Dublin Municipal Code 7:06 p.m. 6.1 (585-25) Mayor Lockhart opened the public hearing. Inga Lintvedt, with the City Attorney's office, presented the Staff Report and advised that the current City Ordinance pertaining to loitering required revision to assure the City's DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 50 . Ordinance met current constitutional standards. There were four main issues the courts ponder when considering the constitutionality of a loitering ordinance: (1) provide notice by distinguishing between lawful and unlawful conduct, thereby enabling ordinary people to understand which conduct is unlawful and prohibited; (2) require a criminal intent element if criminal punishments are attached; (3) so vague as to allow undue police discretion in its enforcement; (4) infringe upon a fundamental right (such as the right of free movement) without being narrowly tailored to a compelling state interest. Mayor Lockhart asked about the penalty for a civil infraction. City Attorney Silver advised that it was $100 for the first violation, $200 for the second within one year, and $500 for each additional violation within one year. Mayor Lockhart referred to the 10 p.m. - dawn curfew for teenagers and asked about the situation where a teenager got out of a movie at 11 :00 p.m. and wanted to get a coffee after the movie or was waiting for a ride. Ms. Lintvedt advised that it would be allowable. Case law provided that the City should not regulate activity where the minor had an apparent purpose. Mayor Lockhart asked if the Ordinance could be more specific to the behavior as opposed to the location. Ms. Lintvedt advised that Ordinances with more behavior descriptors tended not to be upheld because it involved an element of subjectivity. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanimous vote, the Council waived the reading and introduced the Ordinance amending Chapter 5.04 of the Dublin Municipal Code, and continued the matter to the February 21, 2006, Council meeting. . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 51 Request to Re-Open Public Comments 3.3 7:16 p.m. Mayor Lockhart advised that several people had submitted speaker slips after the Public Comment period had been closed, and asked the Council if it would consider allowing the Public Comment period to re-open at this time. The Council unanimously agreed to re-open the Public Comment period to hear from only the four speakers who submitted speaker slips. Sam Shin, Korean Americans United for Peace, expressed concern about the lack of response from the Dublin Police Department and the City Council regarding the fatal shooting of two Korean American men by Dublin Police Officers on August 11, 2005. This lack of response was in contradiction with the City of Dublin's published Mission Statement. The clear message the Korean American community received was that the loss of these two Korean lives and the concerns of the growing immigrant community meant little to the Council. He requested that the City reconsider the events of the past six months and open dialogue in order to move forward. Hun Kim, Executive Director of the Korean Community Center in the East Bay, a member of the Korean American Justice Coalition, advised that the Coalition had written a letter to Mayor Lockhart requesting a meeting. Mayor Lockhart's response to them was, "However, because the City contracts with Police services and the personnel assigned to Dublin are County employees, it would be inappropriate for me to meet with the Coalition." He disagreed with that statement because two Dublin men were killed by Dublin Police Officers, wearing Dublin uniforms and paid for by Dublin taxpayers. The statement gave the impression that the City of Dublin did not want to take responsibility and requested that the City Council re-open dialogue to discuss this issue, as well as discuss proactive measures toward safety and policing in the community. Supervisor Nate Miley, Alameda County Board of Supervisors, thanked the Council for re-opening the Public Comment period. The candlelight vigil and drum ceremony held prior to the meeting was a way for Korean community to release pain and anger. He referred to a letter that he had submitted to the Council and City Clerk, for incorporation into the public record, in which he advised that the Bay Area Korean American Justice Coalition met with him just last week and brought it to his attention that, because the City of Dublin had a contract with the Alameda County Sheriff's Office, that the Police Officers involved were County employees and the County had a role in this matter. In light of that, he advised that he would be looking into the investigation and looking at DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 52 information around the diversity of the Dublin Police Department, as well as looking at issues related to training and dealing with cultural sensitivity, language, use of force, etc. He had had discussion with the District Attorney's Office, Sheriffs Office and County Counsel regarding this matter, and it was his understanding that the Sheriffs Office had completed its investigation and this matter was currently being reviewed by the Shooting Team since this was an officer involved shooting. He expected that the District Attorney's Office would complete its investigation within the next 3-4 weeks. After that time, it was his hope and his understanding that the information would be released to Attorney John Burris, who represented the family, as well as the City Council and other members of the public, and the findings could then be discussed. Tonight he was present to stand in solidarity with the Korean community. The City Council were good people, and he was not blaming anyone for anything, but these were very sensitive and difficult matters when people lose their lives. It was a tragedy for everyone, and he would not wish this upon any City; but, it had happened and needed to be dealt with. Joyce Chung, Tri-Valley resident, expressed concern about the lack of response and communication by the Dublin Police and City Council. There needed to be awareness so this type of tragedy would not happen again. The Korean community felt let down, but it was not too late to come together to make this community safe for everyone. She hoped this event would open communication between the City and the growing Asian community. Mayor Lockhart thanked everyone for coming this evening and stated that she did not know that there were any words that she or the Council could say that would console them for their loss. The entire Council cared deeply about the Korean American community's loss and it was very difficult for the Council to maintain the position that it was in right now because, as individuals, they all had feelings, thoughts and comments. However, the Council was representing the City of Dublin and had been asked not to comment on the issue so that everyone's rights could be protected. The studies needed to be completed, information gathered and results examined first. The findings would be open to the public and there would be an opportunity for everyone to comment on the results at the appropriate time. A claim had been filed and, in keeping with the City's desire to protect the rights of everyone, not only in the City of Dublin but in the County of Alameda, the Council would maintain this position until the appropriate time and the Council was able to comment and work on issues with the Korean American community. She apologized for not saying what they hoped to hear; however, it was the position the Council would maintain throughout this issue. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 53 ~ ~ UNFINISHED BUSINESS Dublin Historic Park Master Plan Preferred Alternative 7:30 p.m. 7.1 (920-30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that the City Council would consider revisions to the Full Site Plan for the proposed Dublin Historic Park that was previously presented to the City Council in October 2005. Aditya Advani, Royston Hanamoto Alley and Abey (RRHA), reviewed the proposed Full Site Plan and the Revised Full Site Plan, which incorporated direction from the Council received at its October 18, 2005, meeting. The revised plan included an allegorical "Orchard History Garden" and the Green Store site. The total estimated cost for property acquisition and development, which included generous contingencies, was $15,559,500. Blaine Merker, RRHA, gave a digital 3-D tour of the proposed project. Mayor Lockhart asked about the proposed creek improvements. Ms. Lichtenstein advised that it would be more of a creek clean-up effort and sensitive habitat needed to be remembered. City Manager Ambrose advised that the original plan was estimated to be approximately $25 million; however, the Architects reconfigured the plan and were able to reduce the amount by $ 7 -$8 million. Susan Hagen, Owner of Dublin Creek Kennels, advised that her kennel was situated at the end of Donlon Way, behind the Heritage Center, and requested that the proposed soundwall be extended all the way east to Donlon Way. If not, the noise and dirt would be funneled to her property and to the museum. Mayor Lockhart agreed and asked Staff if it was part of the recommendation. Ms. Lichtenstein clarified where the soundwall was currently proposed to end and advised that it would add approximately $100,000 to the project to extend the soundwall east to Donlon Way. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 54 The Council discussed the proposed Site Plans and concurred that the Revised Full Site Plan <Attachment #2), including the extended soundwall to Donlon Way, was preferable. It would be worth the extra cost to do the project right. Ms. Lichtenstein reminded the Council that the $100,000 cost estimate was only a very rough estimate and could easily change. Mayor Lockhart agreed and requested that Staff calculate firm numbers and add this component to the plan. City Manager Ambrose clarified that the Council wanted Staff to proceed with the completion of the Master Plan. The Council concurred. The Council commended Royston Hanamoto Alley and Abey and Staff for its creativity, and stated that the overall plan was excellent. . Final Report for the Recreational and Civic Facilities Assessment for the Camp Parks Proiect Area 7:59 p.m. 7.2 (420-20) Senior Planner Kristi Bascom presented the Staff Report and advised that, at previous meetings, the City Council discussed possible future park and public facilities in the Camp Parks Project Area, which consisted of 187 acres of property that the Army was considering for private development. The City Council will receive the final report, "Uniquely Dublin: A Vision for a Community Place," and recommendations of Advisory Committees and Commissions on designing a unique park space for the Camp Parks Project Area. Staff recommended that the Council consider information contained in the Report, as well as input from advisory bodies and take the following action: 1) Evaluate whether a theme concept should be pursued; 2) If so, determine whether one of the original three themes was acceptable or whether some combination of the theme elements was desirable; and 3) Determine desired acreage number for transmittal to the U.S. Army. Mayor Lockhart noted that the Valley Children's Museum was getting ready to announce that the Army had ground leased 5 acres to them. The property was in addition to the City's 51 acres. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 55 City Manager Ambrose advised that, previously, the Council's preference was Alternative #5, which had a total park land area of approximately 50 acres. He suggested that the Council prioritize what was important to the Council in order to give the Army and the future Developer a good idea of amount of park acreage that should be included. This park land would be in addition to whatever neighborhood park acreage the Developer was required to include in the housing development area. The Council discussed the various themes and concurred that the combination theme was preferred. Mayor Lockhart indicated that Cm. Hildenbrand had suggested a carousel at this location, as there was no carousel in the Valley. She agreed that it was an excellent idea, noting that it would go well with the Children's Museum. It could possibly be funded through a community fundraising project. The Council discussed the desired acreage and agreed to start with 46 acres, deleting the indoor cultural arts building, which took up 5 acres. The Children's Museum could be part of the complex, but would not be part of the 46 acres. Plus 16 acres for the neighborhood park development. . Requests for Proposals for Financial Advisor and Public ()Pinion Research Firm 8:19 p.m. 7.3 (600-30) City Manager Richard Ambrose presented the Staff Report and advised that, at its November 18, 2005, Park and Recreation Facility Planning Workshop, the City Council received a presentation regarding the feasibility of developing a state-of-the-art Recreation/ Aquatic Complex in Emerald Glen Park and the expansion of the Historic Park adjacent to the City's existing Heritage Center. The City had not identified a source of revenue for this project. At the Workshop, the Council directed Staff to conduct a survey of voters to determine the level of community support for either an increase in the ad valorem property tax or the establishment of a parcel tax to fund these facilities. In order to conduct a statistically valid survey, it would be necessary to retain the services of a public opinion research firm. In order to develop appropriate survey questions, it would be necessary to secure the services of a financial advisor to develop tax revenue estimates. Since the November 18th workshop, the City had been approached by several private fitness clubs interested in entering the Dublin market, which were not included in the market analysis prepared by The Sports Management Group. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 56 Mayor Lockhart stated that the survey should not be done until there was a clear picture of the opportunities with the private fitness clubs and the exact survey questions to be asked were determined. The Historic Park should not be put off, however, because the City had outstanding landowner obligations that needed to be resolved. She recommended not releasing the RFQ and looking at the phased approach to work toward gaining control of the land. City Manager Ambrose advised that, with the phased approach, the first phase, land acquisition and a minimal level of improvements to the land, would be fundable. Vm. Oravetz agreed with Mayor Lockhart and stated that it would be great for someone else to build and maintain a pool, and the Council should consider requiring reduced memberships for Dublin residents. It would also provide the opportunity to allocate all the money toward the Historic Park. City Manager Ambrose advised that, under the Public Facilities Fee Program, fees had been collected and were obligated to be used toward a pool. A different, less expensive pool facility might be considered. Cm. Hildenbrand appreciated the opportunity to reconsider the overall programming at Emerald Glen Park. An aquatic facility that would enhance competitive swimming sports in Dublin might be advisable. City Manager Ambrose clarified that the fitness company in question had not secured any land and were was two options: 1) secure the land at another site and build their facility with possible City partnership; or 2) build a different prototype at Emerald Glen Park. Staff could explore the two options, if the Council so desired. The Council concurred that Staff should explore the two options proposed by the Developer. After the Council was presented the information, it might have time for the public opinion poll, if necessary. The Council and Staff briefly discussed the phasing plan, which would be a pay-as-you- build plan, and potential project revenue and grant sources for the projects. The Master Plan process needed to be completed before land acquisition was pursued. City Attorney Elizabeth Silver reminded the Council that the process for the Historic Park was first for the Council to decide whether to amend the General Plan to designate that land for park purposes. A Specific Plan had been initiated for that area, so the Council DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 57 Ii} ~ could either decide not to go forward with the Specific Plan or to continue with the Specific Plan and adopt it. That would also designate it for park purposes. Once the General Plan had been amended and the Specific Plan adopted, with associated Environmental Review, a Master Plan could then be adopted for the park. At that point, the Council would have designated an enlarged park beyond the park that already existed. Those actions were required before the Council could consider adopting a Master Plan for that area. After that, the Council would be able to acquire that property. City Manager Ambrose advised that Staff anticipated that the Specific Plan and Historic Park Master Plan would be submitted to the Council by June 2006. The discussion regarding the RFQs was part of the planning process. Mayor Lockhart asked when the process for amending the General Plan would take place. City Manager Ambrose advised the same time frame. On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the City Council directed Staff not to release the RFPs and to begin planning for a phased approach to the Historic Park and develop a more detailed report outlining the City's recreation and aquatic facility options in consideration of the privately owned facility (Option #3 in the Staff Report). . RECESS 8:39 p.m. Mayor Lockhart called for a brief recess. The meeting reconvened 8:44 p.m. with all Councilmembers present. . NEW BUSINESS St. Patrick's Day Parade Float 8:45 p.m. 8.1 (950-40) DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 58 Assistant City Manager Joni Pattillo presented the Staff Report and advised that the City Council would consider options for entry of a City Council float in the 2006 St. Patrick's Day Parade to be held on Saturday, March 18, 2006. The Council discussed the various options offered and directed Staff to request the use of Alameda County's antique fire truck. . Reoort on Status of ()pen Space Plan 8:47p.m. 8.2 (420-20) Parks & Community Services Director Diane Lowart presented the Staff Report and provided an overview of the land acquisition related to the Dublin Hills Regional Park and Calaveras Ridge Trail in the Western Dublin Extended Planning Area. Mayor Lockhart referred to the Milestone Property and asked if there was opportunity to use funding from Waste Management tipping fees to create a loop trail that would connect to the East Bay Regional Park District properties. Ms. Lowart advised that the property was very heavily incised terrain with a lot of habitat issues and could be used for visuals only. It was also outside the City limits. The Council thanked Staff for the report. . Dougherty Hills Park - Dog Park 8:57 p.m. 8.3 (920-20/600-30) Parks & Facilities Development Manager Herma Lichtenstein and Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that, as approved in the 2004-2009 Capital Improvement Program, the preparation of the final design and construction documents for Dougherty Hills Dog Park is scheduled to commence in Fiscal Year 2005-2006 with construction to follow in Fiscal Year 2006- 2007. In order to proceed, Staff prepared a conceptual park design that would be presented for further input from the public and City Council. Once input on the conceptual design is received, in order to commence with preparation of final design and DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 59 construction documents, it was necessary to secure the services of a licensed landscape architect. Staff recommended contracting with Paul Niemuth and Associates. Council and Staff discussed the differences in, and pros and cons of, the two alternatives. Alternative #2 had a larger small dog area. Cm. McCormick asked if public art had been incorporated into any of the dog parks that Staff had studied. Ms. Lichtenstein advised no. Cm. McCormick suggested that Dublin be the first to incorporate art at a dog park. Rose Rose, Dublin resident, advised that she had first proposed a dog park in Dublin several years ago and expressed enthusiasm over the proposed plans. Lisa Dial, Dublin resident, expressed enthusiasm over the current plan and advised that small dogs needed the larger space included in Alternative #2 because much of the new development was restricting dog size to small. As a fundraiser, she suggested memory tiles that people could purchase. Mayor Lockhart read a speaker slip submitted by Michelle Cowles, San Ramon resident, in which she requested that the small dog park be made as large as possible. The small dog area in the previous design was too small. With high density housing on the rise, the need for small dogs to run and exercise increased every day. The Council and Staff discussed the various ground cover options and maintenance issues of each, as well as dog park configurations. Cm. McCormick indicated that there was opportunity for dog-themed art, benches, etc., and stated that the Dublin Fine Arts Foundation should have the opportunity to survey dog owners. City Manager Ambrose advised that the budget had not yet been finalized and it could include an art component, if the Council desired. Vm. Oravetz asked how the park would be named. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 60 Mayor Lockhart noted that it was part of the Dougherty Hills Open Space, but could be named something else, such as "Carlo Park" after the dog buried in the Pioneer Cemetery. Cm. Zika made a motion to accept the Revised Conceptual Park Design (Alternative #2) with turf, and adopt the Resolution approving an Agreement with Paul Niemuth and Associates. Cm. McCormick asked if the motion included the art component. Cm. Zika stated no, the motion did not include an art component. There was no second to the motion. On substitute motion of Cm. McCormick, seconded by Cm. Hildenbrand and by majority vote (Cm. Zika opposed), the City Council approved the Revised Conceptual Park Design (Alternative # 2) with turf and an art component, and adopted RESOLUTION NO. 12 - 06 APPROVING AN AGREEMENT WITH PAUL NIEMUTH AND ASSOCIATES FOR THE DOUGHERTY HILLS PARK- DOG PARK . Proposal for Compliance with the Ethics Training Requirement Set Forth in AB 1234 9:23 p.m. 8.4 (640-45) Assistant City Manager Joni Pattillo presented the Staff Report and advised that, at its December 20, 2005, meeting, the City Council adopted Resolution No. 31-05, complying with the reimbursement requirements of AB 1234, which became effective January 1, 2006. AB 1234 also imposed a new ethics training requirement for local officials. The Staff Report discussed the City's obligations with respect to the ethics training requirement and recommended a proposal for compliance with the requirement. AB 1234 mandated that members of the local agency's legislative bodies receive ethics training, one hour per year, which would include members of Dublin's City Council, Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Center Advisory Committee and Youth Advisory Committees. Additionally, Staff recommended that the City Manager, City Attorney and those Staffmembers listed in the City's Conflict of Interest Code receive the same training. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 61 Those local officials in service as of January 1, 2006, must receive training before January 1, 2007. However, those officials whose service ended prior to January 1, 2007, would be excluded from training. Staff recommended that training occur in December 2006 in order to encompass new Councilmembers and new Commission and Committee members. Ms. Pattillo advised that the Staff Report should have stated that Contractors listed in the City's Conflict of Interest Code be excluded from the training requirement. City Manager Ambrose advised that regular City Staff would receive regular ethics training, as well; however, not on the same schedule as the Council. Mayor Lockhart expressed concern about mandatory training during the holiday season as many trainees might be unavailable. The Council and Staff discussed the requirements of AB 1234 and various training schedules and venue options, such as by video or online, so everyone could be trained in a timely manner. The current legislative body and designated Staff, excluding those ending service by the end of 2006 could train earlier in the year, and incoming legislative bodies could receive their training just after the new year. Ms. Pattillo reminded the Council that the Contractor exclusion from training needed to be incorporated into the motion, if that was the Council's direction. On motion of Mayor Lockhart, seconded by Vm. Oravetz and by unanimous vote, the City Council approved the ethics training set forth in AB 1234 for the current legislative body, City Manager, City Attorney and designated Staff listed in the City's Conflict of Interest Code, excluding Contractors and those ending service by January 1, 2007, to receive training in October 2006 and new legislative bodies to receive training in February 2007. . League of California Cities Call for Action on the Telecommunications Revolution Impact to Cities 9:35 p.m. 8.5 (660-40) Assistant City Manager Joni Pattillo presented. the Staff Report and advised that the League of California Cities recently called for action to all cities regarding the DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 62 telecommunications revolution and its impacts to cities. Due to advances in technology, local telephone companies now have the capability to provide cable television-like services over their existing phone lines with some minor modifications. Each telephone corporation is approaching this differently and many are refusing to enter into cable franchise agreements with local franchising authorities. The League of California Cities is seeking legislation which would support the continued authority of local government to franchise cable services providers and opposing legislation and regulatory efforts to divest local government of that authority. Cm. Zika recommended that the term "SBC" be left out or another term used since SBC now used "AT&T." On motion of Vm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council approved the proposed National Association of Telecommunications Officers and Advisors (NATOA) template and directed Staff to distribute City's comments to the Federal Communication Commission (FCC) by February 13, 2006; approved the letter prepared by the League of California Cities that would be sent to the City of Dublin's legislators and directed Staff to prepare those letters for City Council's signature and distribution; and adopted RESOLUTION NO. 13 - 06 SUPPORTING THE CONTINUED AUTHORITY OF LOCAL GOVERNMENT TO FRANCHISE CABLE SERVICE PROVIDERS AND OPPOSING LEGISLATION AND REGULATORY EFFORTS TO DIVEST LOCAL GOVERNMENT OF THAT AUTHORITY . OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:41 p.m. City Manager Richard Ambrose advised that the draft agenda for the Tri-Valley Council meeting was inadvertently distributed to Council. The final agenda would be distributed in the near future. Cm. McCormick advised that, at a recent California Historical Resources Commission meeting she attended in Sacramento, the Old St. Raymond's Church and Cemetery were approved for inclusion in the National Register of Historic Places. This was the successful fruition of a long term goal. Staff was to be commended. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 63 .Dr' 19~ I ~ Cm. Hildenbrand advised that she was recently appointed to ABAG's Regional Planning Committee. The Committee was studying bringing transit-oriented development to the Bay Area and planned a field trip to Dublin as an example of successful example. Vm. Oravetz reported that he, along with Mayor Lockhart and Cms. McCormick and Zika' attended the East Bay Division League of California Cities meeting on January 16, 2006. The speaker discussed the Governor's propositions from the Special election in November 2005 and why he thought they had failed. He also attended two LAVTA meetings, at one of which was a discussion regarding the possible consolidation of four transit agencies in order to save taxpayer money. Mayor Lockhart reported that she attended the U.S. Conference of Mayors Conference in Washington, D.C., from January 25 - 28, 2006, and described the many meetings, sessions, seminars and subjects covered during the conference. Most notably was her meeting, along with the other Mayors in the Tri-Valley, with senior staff members for Congress member Pombo, Congress member Tauscher, Senator Boxer, and Senator Feinstein to discuss topics that included the Tri-Valley Tri-Angle Study, Housing Opportunity Center, emergency preparedness, BART to Livermore, and telecommunications issues. The discussions included descriptions of what the Valley Cities were working on together and what funds the Cities were interested in obtaining. . @JOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:52 p.m. Mayor ATTEST: City Clerk .~ DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING February 7, 2006 PAGE 64 .,