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HomeMy WebLinkAbout07-06-2004 Adopted CC Min REGULAR MEETING - JULÝ 6, 2004 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE wrrn LEGAL COUNSEL--EXISTING LmGATION (Subdivision (a) of Section 54956.9) Name of Case: Dubray v. City of Dublin, Alameda County Superior Court Case No. 2002057128 2. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager A regular meeting of the Dublin City Council was held on Tuesday, July 6, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, 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 ACl10N Mayor Lockhart stated that no reportable action was taken. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 334 o~ MAYOR'S APPOINTMENT OF STUDENT MEMBER TO TIlE PARKS AND COMMUNfIY SERVICES COMMISSION 7:02 p.m. 3.1 (I 10-30) Parks and Community Services Director Diane I.owart presented the Staff Report and advised that nine applications were received for the student representative to the Parks and Community Services Commission for a term expiring June 30,2005. Staff recommended that the Council confirm the Mayor's appointment of Erik Smith. On motion of Cm. McCormick, seconded by Cm. Sbranti and by unanimous vote, the Council confirmed the Mayor's appointment of Erik Smith to the Parks and Community Services Commission for a term expiring June 30,2005. .. CONSENT CALENDAR 7:04 p.m. Items 4.1 through 4.9 Mayor Lockhart pulled Item 4.5 for discussion. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 15,2004; Adopted (4.2 600-60) RESOLUTION NO. 123 - 04 ACCEPTANCE OF LANDSCAPE IMPROVEMENTS FOR TRACT 7142 (DUBLIN RANCH AREA A, NEIGHBORHOOD A- 7) Adopted (4.3 670-70) RESOLlmON NO. 124 - 04 APPROVING SALE OF PROPERlY TO SCHAEFER HEIGHTS, INC., FOR WESTERLY EXTENSION OF DUBLIN BOULEVARD CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 335 Approved (4.4 600-35) the Fiscal Year 2003-2004 Budget Change for the I-580/Tassajara Road Interchange Improvements Project in the amount of $149,358; Adopted (4.6 600-30) RESOLUTION NO. 125 - 04 APPROVING AGREEMENT FOR MODIFICATIONS TO AND PURCHASE OF MODULAR BUILDING (TRAILER) AT CIVIC CENTER and authorized the Mayor to execute the agreement; Approved (4.7 600-30/640-10) sixth amendment to Agreement for Legal Services and adopted RESOLUTION NO. 126 - 04 APPOINTING JOHN BAKKER, AN ASSOCIATE AT MEYERS, NAVE, RIBACK, SILVER AND WILSON, AS ASSISTANT CIlY A TIORNEY Approved (4.8 600-30) Agreement for Audit & Professional Services with Caporicci & Larson and authorized the City Manager to executed the Agreement; Approved (4.9 300-40) the Warrant RegÌster in the amount of $1,583,999.53. Mayor Lockhart pulled Item 4.5, Consideration of Appeal of Planning Commission approval of PA 03-040, I.oukianoff Site Development Review, from the Consent Calendar and requested an update regarding the Homeowners' Association consideration of Mr. I.oukianoff's request to move the storm drain easement. Applicant Alex I.oukianoff advised that he wrote a letter to the Homeowners' Association stating his needs. The HOA had also received a letter from the City Manager advising them of the City Council's support of his request. One of the HOA's Board of Directors was on vacation until last week, and had just received the letter. Preliminary discussions with the HOA seemed to indicate a willingness to work with him. He will request that the HOA copy the City Council on their decision letter. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 336 Mayor Lockhart confirmed that the resolution was set up to allow the Applicant to move forward with his project whatever the HOA's decision. If the HOA decided not to allow the storm drain easement to be moved, the 3-year bond requirement would go into effect. City Manager Richard Ambrose confinned that the resolution was set up to allow the Applicant to move forward no matter the HOA's decision. On motion of Cm. Sbranti, seconded by Cm. McConnick and by unanimous vote, the City Council adopted RESOLUTION NO. 127 - 04 GRANTING THE APPEAL IN PART AND AFFIRMING IN PART THE DECISION OF THE PLANNING COMMISSION GRANTING A SITE DEVELOPMENT REVIEW FOR A SINGLE- FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE .. PUBLIC HEARING CALIFORNIA VEHICLE CODE (CVC) ENFORCEMENT IN DUBLIN RANCH "M" TOWNHOUSE NEIGHBORHOODS 7:08 p.m. 6.1 (590-30) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that the City received a request from the Dublin Ranch Homeowners' Association (HOA) to enforce the California Vehicle Code (CVC) Section 21107.5 on the private streets in the Dublin Ranch townhouse neighborhoods, Tracts 6962, 6963, and 6964. The CVC requires that a local agency hold a public hearing and adopt a resolution allowing for vehicle code enforcement on private streets. Such enforcement would include any and all regulations. Affected streets include: Shadow Hill Drive, Bridgestone Circle, Topsfield Circle, Southbridge Way, Thornburgh Lane, Millbury Court, Stillwater Court, Springvale Drive, Bellevue Circle, Hartwick Drive, East Chesterfield Circle, West Chesterfield Circle, Foxcroft Way, Georgetown Circle, and I.ondonderry Drive. Cm. Sbranti asked if traffic on the small courts connecting to the listed streets would be enforced. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 337 Ms. Morton advised that just those streets listed, which were specifically listed in the request from the HOA, would be enforced. Some of the small private courts were actually private drives. Cm. Oravetz asked what would happen if there was an accident on one of those small streets. Ms. Morton advised that it would be a private matter on private property. The HOA specifically requested only those streets listed, predominantly due to speeding issues, not vehicular accidents. Robert Gosselin, President of the Cal Association (a subdivision of the Dublin Ranch Homeowners' Association), which requested the enforcement, specified that the courts in question were not really streets but driveways. They are completely private and the responsibility of the HOA. The HOA is requesting police enforcement because the stop signs and speed limit signs do not control the speeding. They have had multiple complaints from the homeowners regarding speeding. The ROA has tried many ways to get the vehicles to slow down, including having the Police speed trailers on the streets. Mayor Lockhart closed the public hearing. Cm. Sbranti asked how common this type of arrangement would be. City Manager Richard Ambrose advised that the Police enforces, on request, the CVC on other private streets, such as in Arroyo Vista and Hacienda Crossings. Police Chief Gary Thuman advised that the Police Department tried to do some passive enforcement in the area, such as using the radar trailer, to gain voluntary compliance. Unfortunately, they were not able to achieve that goal, which subsequently led to the request for enforcement of the CVC. Cm. McCormick asked if the Police perceived it as a problem. Chief Thuman agreed, advised that once enforcement was approved, the Police would issue warnings before citations in an attempt to gain voluntary compliance. If that goal was not achieved, official citations would be issued. On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 338 RESOLUTION NO. 128 - 04 APPROVING ENFORCEMENT OF TRAFFIC REGULATIONS UNDER CALIFORNIA VEHICLE CODE (CVC) SECTION 21107.5 ON DESIGNATED STREETS WITHIN TRACTS 6962, 6963 AND 6964 .. PUBLIC HEARING DUBLIN PIONEER CEMETERY INTERMENT FEES 7:18 p.m. 6.2 (295-10) Mayor Lockhart opened the public hearing. Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report and advised that in Apri11999, the City Council adopted a Resolution setting Interment Fees for the Dublin Pioneer Cemetery. As a result of increased labor costs, Staff recommended that the cremation burial fee increase from $180 to $230, and the full burial fee increase from $1,275 to $1,335. All plot holders have been notified of the proposed fee increase. Cm. McCormick asked if the fees included the general of ma4'1tenance of the common areas. Ms. Yvonne advised that the fees were related only to the direct costs of the burial alone. The City pays for the costs of the grounds maintenance. Marie Cronin, Dublin Canyon Road, stated that the cemetery was left by Mr. Dougherty for his tenant farmers and their descendents. The tenant farmers took care of the cemetery for 160 years, and the City has had it for 10 years. The intent was that pioneer families would not be charged. In the early 1960s, the Dublin Cemetery Association gave everyone a membership fee to help maintain the property. In 1994, when the cemetery was gÏven to the City, $70,000 was also given to the City. City Manager Ambrose clarified that the actual amount was $60,000 and it was an endowment for the purpose of maintaining the cemetery, not for the actual burial. The interest from the endowment goes toward the maintenance of the cemetery, but does not come close to covering the cost that the City incurs. The fees have not been raised in over 5 years. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 339 Ms. Cronin stated that the City does not maintain the plots themselves, just the general common areas. Ms. Yvonne agreed that, at one time, the individual plots were not maintained; however, maintenance service has been increased because many of the plots do not have family in the area to do the maintenance. Ms. Cronin stated that the plots did not look well-maintained, and re-iterated that the intent was for the pioneer families to have free burial. The current fees should not be raised or grandfathered in. It would be hard to believe that no plots had been sold since 1994. Mayor I.ockhart advised that all of the plots were sold by the time the City took over the cemetery. Vm. Zika asked why the citizens of Dublin should pay for people to get buried. There was no agreement between the City of Dublin and those people who own the plots to pay for the burial, and the workers doing the burial-related labor needed to be paid prevailing wages. Ms. Cronin reiterated that increased fees for the pioneer families was not justified. They contributed a lot to this community. Mayor Lockhart closed the public hearing. Mayor Lockhart recused herself from further discussion and the vote because of a potential conflict of interest as a landowner in the Dublin Cemetery. She asked Vm. Mayor Zika to complete the rest of the public hearing and left the Council Chambers. Cm. Sbranti asked for more information regarding the endowment. City Manager Ambrose advised that the endowment had been invested and the interest only is used to do maintenance at the cemetery. Current interest rates do not generate a lot of money, and not nearly enough to cover maintenance costs. Cm. Sbranti asked if it was legal to entertain the idea of using some of that endowment if the City was able to increase the size or expand the cemetery. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 340 City Manager Ambrose recollected that the agreement. was silent of that issue and asked Parks & Community Services Director Diane I.owart, the document administrator, to comment. Ms. I.owart indicated that the purchase agreement between the City and Dublin Cemetery, Inc., SPecifically called out that the endowment needed to be used for perpetual care for the cemetery. In her opinion, if the City were to acquire additional land for the cemetery, it would be questionable as to whether or not the endowment could be used. The endowment was raised through the purchase and fees that were paid by the plot owners of the current cemetery. When the City acquired the cemetery in 1993, the purchase agreement stipulated that the City not sell any additional plots. The City has never been involved in the sale of plots. Cm. McCormick asked what the extra maintenance for the plots entailed. Ms. I.owart advised that it was weed control only. Cm. Oravetz stated that the City should do more maintenance on the cemetery, especially when the City is encouraging so many visitors. City Manager Ambrose advised that weed control has been increased significantly; much more than the endowment fund interest pays. Cm. Sbranti agreed that the maintenance has gotten better; however, if the historical area expands, the maintenance needed to be increased even more. Ms. I.owart advised that, as part of the new fiscal year budget, the maintenance level had been increased again. Every budget for the last three years has included an increase. Cm. Sbranti suggested that the issue be looked at as a higher service level during the next fiscal year. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by majority vote (I.ockhart abstained), the Council adopted RESOLlmONNO.129-04 ADOPTING INTERMENT FEES FOR THE DUBLIN CEMETERY AND RESCINDING RESOLUTION NO. 76-99 Mayor I.ockhart returned to the Council dais after the vote. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 341 PUBLIC HEARING ADOPT INfTIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND AUnIORIZE STAFF TO PROCEED WITH CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 96852, DOUGHER1Y ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 7:34 p.m. 6.3 (600-30/330-40) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the Capital ImprovementProgram Project, Dougherty Road Improvements - Houston Place to 1-580. This project will widen the intersection of Dougherty Road and Dublin Boulevard, as well as construct other improvements to Dougherty Road between Houston Place and 1-580, and Dublin Boulevard between Dublin Court and Scarlett Drive. Cm. Oravetz asked if Staff had contacted the four businesses that would be displaced as a result of the project. Ms. Morton advised that the environmental document was meant to analyze the project. Staff has had preliminary discussions with the affected property owners while doing Phase I soils' testing on the sites. However, until the project is analyzed under CEQA, Staff cannot make any overtures with respect to property acquisition. Mayor I.ockhart noted that Staff has heard from the property owners over the years. No one is surprised; they knew this was coming. It was her understanding that some of them had made arrangements to move elsewhere. Ms. Morton stated that Staff had been very open in their communications within the limits of what they could say or do. Negotiations with property owners cannot begin until it is deemed a project under CEQA. Cm. Sbranti noted that the maps looked like Scarlett Court was being taken out all together and asked if the circulation was being looked as part of this project in terms of Scarlett Court, in addition to the Dublin Boulevard/Dougherty Road intersection. Ms. Morton advised that, because of the current proximity of Scarlett Court to the intersection, when it's fully widened it would be very difficult to have right-in, right-out , CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 342 configurations. The environmental document would examine a right-out only scenarios. Other alternatives were looked at, as well. The plans are very preliminary at this time and just analyzes no longer having a right-in at that location. That would be incorporated in the right-of-way discussions that Staff would have with the property owners, as well. Cm. Sbranti stated that the Scarlett Court circulation issue needed to be discussed at the same time Dublin Boulevard and Dougherty Road. Ms. Morton discussed timing issues. Vm. Zika asked if there was a preliminary time frame for this project. Ms. Morton advised that Staff anticipated that the right-of-way appraisal and acquisition would happen July 2004 through March 2005. Many parts of the project would overlap in that time period, such as design. Construction was anticipated to begin in spring 2006. Troy Kearny, owner of the Smog Station, stated that when he came to Dublin in May 2003, he inquired as to the City's plans for the area. He was advised by Staff that only the corner of his building would be taken, so he invested heavily into his business. Now he has learned that the entire building will go. No one from the City has contacted him about having to move his business or what he has to do. Mayor Lockhart indicated that her comments pertained to Miracle Auto, the business that had contacted her personally. Mr. Kearny stated that some of the businesses have been kept in the dark. When they contact the City, they are told not to worry about it. Now he is finding out that the City plans to take his entire building. He has major concerns. Mayor Lockhart advised that, until the environmental study is done, there are no straight answers. This item is authorizing the study and property owners would be contacted after the study was completed. Mr. Kearney urged the Council and Staff to really think about the businesses that have been there a long time and work closely with them. Cm. Oravetz asked about business relocation assistance. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 343 Ms. Morton explained the process of relocation assistance, which would occur after the environmental document was promulgated. Under CEQA, the project must be defined before other processes could begin. Notification was sent to the property owners and the tenants requesting access to the properties for Phase I assessment on the soils. Cm. Sbranti stated that ongoing communication between businesses and the City would be very important to help facilitate the process. Ms. Morton advised that Staff has been providing the property owners with ongoing information, and reiterated that firm dates and plans cannot be given yet. Project details could still change. City Manager Ambrose advised that there have been changes to the overall roadway configuration due to the approval of the Transit Center. The changes were in response to mitigating the environmental impacts on that project. Mr. Kearney advised that his business was well-established in its current location. There is nowhere else in Dublin that would accommodate his business needs. This is a redevelopment project and his business is technically an ey~sore. The City wants the eyesores out of town. Mayor Lockhart stated that the Council understood his concerns and did not want the businesses to leave Dublin. Staff would work with them to keep them in Dublin. Jeff Gil, owner of Gil's Body Works, advised that he had the same concerns as the previous speaker, whose business is in the same building as his. He has tried for several years to find out the plans for his body shop and was always told everything was okay. Now they are hearing different and felt stepped on. If they had been told 5 or 6 years ago, they could have moved to a different location. Now there is no planning time, and there is be no place in Dublin for them to go. Mayor Lockhart stated that there would be a couple of years before anything happened, and hopefully a relocation alternative would be found. Mr. Gil encouraged the Council to help his business stay in Dublin. Mayor Lockhart closed the public hearing. The Council discussed the importance of trying to keep of these necessary businesses in town. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 344 On motion of Vm. Zika, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLUTION NO. 130 - 04 ADOPTING A MmGATED NEGATIVE DECLARATION AND MmGATION MONITORING AND REPORTING PROGRAM, AND AUTHORIZE STAFF TO PROCEED WITH CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERlY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 .. DUBLIN SPORTS GROUNDS PHASE III - CONTRACT 04-07 7:54 p.m. 7.1 (600-35) Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the installation of athletic field lights for Dublin Sports Grounds was approved in the 2002-2007 Capital Improvement Program. Electrical engineering of the athletic field lights was completed in Fiscal Year 2003-2004 with construction scheduled for Fiscal Year 2004-2005. On June 1,2004, the City Council authorized Staff to advertise for bids on the project. Upon careful consideration of the bid results, Staff recommends to award the contract in the amount of $257,000 to Mike Brown Electric Company. Cm. Oravetz commented that the sports grounds are in the perfect location for lights because they are not near any homes. Having lighted sports grounds is a draw to the community. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLlmON NO. 131 ~ 04 AWARDING CONTRACT NO. 04-07, DUBLIN SPORTS GROUNDS PHASE III, TO MIKE BROWN ELECTRIC COMPANY .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 345 TERMINATION OF EMERGENCY ACTION, FINAL REPORT AND ACCEPTANCE OF WORK - CMC CENTER WATER INfRUSION AND REMEDIATION PROJECf" CAPITAL IMPROVEMENT PROTECT NO. 93912 , 7:58 p.m. 7.2 (600-30) Public Works Director Melissa Morton presented the Staff Report and advised that in March 2004, the City Council declared a state of emergency relative to water intrusion in the Civic Center and authorized funding and contracts for remediation work and repairs to the building. The work on the building has been completed within the funds budgeted for the work. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLlmON NO. 132 - 04 TERMINATING STATE OF EMERGENCY AND ACCEPTING FINAL REPORT, CIVIC CENTER REMEDIATION WORK and accepted improvements and authorized final payments to RoSa Constrnction and Munters Corporation. .. CONSULTANT SERVICES FOR TIlE DONLON WAY HISTORIC AREA MASTER PLAN 8:01 p.m. 8.1 (600-30) Associate Planner Kristi Bascom presented the Staff Report and advised that the development of plans for a Historical District in the Donlon Way area has been identified as a high priority in the City Council Goals & Objectives for IT 2004-05 and funds have been appropriated in the IY 2004-05 Budget to support this project. Staff has conducted interviews and is recommending a contract award to RBF Consultants for $40,000 to prepare a Master Plan for the Donlon Way Historic Area. Mayor Lockhart asked if the main difference between this project and the specific plan process was the cost. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 346 Ms. Bascom advised that the cost and the time it would take to implement it were the differences. Staff could always proceed with a specific plan after this is completed, but Staff wanted to at least get the design guidelines adopted by January 2005 before the moratorium expired. The intent was that this process be comprehensive enough to make a specific plan unnecessary. Cm. McCormick asked how that could happen. Aren't we doing just architectural design? Ms. Bascom advised that design guidelines and a master plan for the area, which will determine how the area can be pulled together as a cohesive historic district, would be done. In order to implement that, a historic district zoning ordinance overlay for the area would probably be done. Mayor I.ockhart asked how that would relate to the shopping center and the City's interest in it. Ms. Bascom advised that it would not change the zoning of the shopping center or any of the parcels in the area. In the event that the City was unable to acquire the property, it would at least have some guidelines in place so that when private development came forward, the City would have better control over what it looked like so it would complement the area. Cm. McCormick clarified that this item only included design guidelines, but not use guidelines. Ms. Bascom concurred, and advised that if the Council desired, Staff could do a specific plan that could examine uses in the area. In reviewing past minutes of related meetings, Staff noted Council concerns about design but not uses. Mayor Lockhart questioned whether this would protect the area for heritage enough. Cm. McCormick stated that it did not protect the area enough. Ms. Bascom clarified that the project would need to go through the specific plan process to make any land use changes. Planning Manager Jeri Ram explained that the proposed process was crafted from what Staff understood from past Council direction. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 347 The Council discussed the issue at length and agreed that the uses, not just design, were a concern. City Manager Ambrose suggested that the Council continue the item to the next meeting to allow Staff to incorporate the concerns expressed by the Council during this meeting into a modified plan. The timeframe of the project would be revisited, as well. On motion of Cm. McCormick, seconded by Vm. Zika and by unanimous vote the City Council continued this item to the July 20, 2004 meeting. .. RESOLUTION OF INfENTlON TO ESTABLISH ULTIMATE RIGHf-OF-WAY LINES FOR TASSATARA ROAD AND FALLON ROAD . 8:13 p.m. 8.2 (820-90) Public Works Director Melissa Morton presented the Staff Report and advised that the proposed Ultimate Right-of-Way Lines for Tassajara Road and Fallon Road will establish a right-of-way alignment for the future widening of Tassajara Road to six lanes, and the future northern extension of Fallon Road to four lanes connecting to Tassajara Road pursuant to Dublin Municipal Code Chapter 7.68 and Mitigation Measure 3.3/14.0 of the Eastern Dublin Specific Plan Environment Impact Report. Staff recommended that the Council adopt the Resolution of Intention to establish ultimate right-of-way lines for Tassajara Road and Fallon Road and set a public hearing for July 20, 2004, at 7:00 p.m. to hear any protests or objections. On motion of Cm. Sbranti, seconded by Vm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 133 - 04 RESOLUTION OF INTENTION TO ESTABLISH ULTIMATE RIGHT-OF-WAY LINES FOR TASSAJARA ROAD AND FALLON ROAD and set a public hearing for July 20, 2004, at 7:00 p.m. to hear any protests or objections. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 348 DUBLIN TRANSIT CENTER ART PROTECT . 8:16 p.m. 8.3 (600-60) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report and advised that in May 2003, the Alameda County Surplus Property Authority entered into a Development Agreement with the City of Dublin for the Dublin Transit Center project. As part of the agreement, the Developer agreed to contribute $250,000 for the construction of public art. Cm. Sbranti commented that this seemed to be high visibility project and asked if there was a way to publicize that this was taking place and to encourage public input, such as a mailing through the Dublin Fine Arts Foundation. Cm. McCormick advised that she would like to see the committee enlarged. There needs to be public input. Mayor Lockhart suggested getting public input when the project had been narrowed down to 3 - 5 artists, not just one. It might be too late when just one was presented to the Heritage & Cultural Arts Commission. What if people don't like it at that point? Ms. Yvonne suggested adding a Heritage & Cultural Arts Commissioner to the selection committee. Cm. McCormick stated that it would be a good idea, and include a Parks & Community Services Commissioner, too. A BART representative, such as the current BART Director, would be advisable, as well. Ms. Yvonne suggested having a public reception when the 3 - 5 artists were determined. The Council agreed with the suggestion and discussed the need to have as much public involvement as possible when choosing public art. Mayor Lockhart noted that people seem to accept Dublin's public art because they have been part of the process. Ms. Yvonne advised that it was not intended for the process to be closed; however, because this was the first hybrid project as far as this being private art being paid by a private developer while trying to make it a public process because it is private art in a public place. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 349 The Council discussed who would make the recommendations and when. City Manager Ambrose advised that this was a unique situation, and clarified that the Council's direction was to expand the selection committee to include a member from the Heritage & Cultural Arts Commission and Parks & Community Services Commission, as well as talk to the County as to whether they would be amenable to bring 3 - 5 artists to the Heritage & Cultural Arts Commission. The Council concurred and added having a public reception prior to the Heritage & Cultural Arts Commission meeting. Cm. Oravetz noted the significance of the artwork at the BART station location; hundreds of people would be viewing it. City Manager Ambrose suggested inviting a member of the BART Board to be on the selection committee. The Council concurred. City Manager Ambrose clarified that it was Council's direction that Staff contact the current BART Board Director or General Manager and ask for some representation on the committee. A representative from the Heritage & Cultural Arts Commission and Parks & Community Services Commission would be invited to participate in the selection committee, as well. If the private developer concurred, 3 - 5 artists would be presented to the Heritage & Cultural Arts Commission to make a final recommendation to the Council. The Council concurred with the clarification. Mayor I.ockhart noted that it was really to the Developer's benefit to have this type of selection process. Nothing is worse then getting artwork in place and then not having community support of the artwork. The Council thanked Staff for the report. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 350 AMENDED SCHEDULE OF LOCATIONS FOR THE POSTING OF CITY ORDINANCES 8:27 p.m. 8.4 (610-10) Deputy City Clerk Fawn Holman presented the Staff Report and advised that State law requires that all City Ordinances be published or posted in at least three public places within the City of Dublin. Due to a change in address for the Dublin Library and the recent temporary closure of Shannon Community Center, the schedule of posting locations needs to be updated to reflect the new Library address and assign the Dublin Senior Center as the replacement location for the Shannon Community Center. The three designated posting locations were recommended to be: 1) Dublin Civic Center, 100 Civic Plaza; Dublin Library, 200 Civic Plaza; and 3) Dublin Senior Center, 7437 Larkda.le Avenue. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLlmON NO. 134 - 04 AMENDING RESOLUTION NO. 1 09-89 RELATED TO POSTING LOCATIONS FOR CIlY ORDINANCES .. OTIlER BUSINESS 8:29 p.m. City Manager Ambrose reminded the Council that the National Night Out event, sponsored by the City and the Police Department, would be held on July 13th at Alamo Creek Park from 6:00 - 9:00 p.m. City Manager Ambrose advised that a Dublin/Dublin Unified School District Liaison Committee meeting would be also be held on July 13th. Any agenda. items should be routed to him for inclusion on the agenda. Cm. Oravetz congratulated the non-profit organizations for excellent fireworks sales, and noted that Dublin experienced another safe and sane holiday. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 351 Cm. Sbranti advised that Supervisor Nate Miley would be holding a public meeting at Dublin City offices on Thursday, July 1501, regarding violence prevention. The Council should have received notification and hopefully will attend. Cm. Sbranti announced that he would not be running for re-election in the November election because he was getting married and was looking to buy a house. Hopefully he would be able to stay in Dublin. If they do stay in Dublin, he would certainly stay active in the community. He advised that the open nomination period began on July 12th and encouraged potential candidates to contact the City Clerk's Office. He has enjoyed his time on the Council and would work hard for the rest of his term. Vm. Zika advised that the first meeting of the Livermore Airport Master Plan Update Advisory Committee would be held on July 14th. The committee members· were asked to send a one-page letter of their concerns. He would make certain the Council receives a copy. Mayor I.ockhart advised that a resident had talked to her about the canals that run between Amador Valley Boulevard and Dublin Boulevard near Village Parkway. There are a lot of big clumps of grass growing in the bottom and making the water stagnate. The bad odor is very noticeable from Amador Valley Boulevard. Also in that area, the weeds within the fence line are very tall. Who is responsible? Mr. Ambrose clarified that it was the canal on the west side of 1-680 behind Chuck E Cheese. Mayor Lockhart indicated yes. Mr. Ambrose indicated that he was uncertain as to what agency was responsible, but would have Staff look into the issue and report back. Mayor I.ockhart thanked the Fire Department for their response about the weeds along 1-580, but the issue was not resolved. Mr. Ambrose advised that that section of freeway was in Pleasanton's jurisdiction. Mayor Lockhart suggested the item be brought up at the Liaison Committee meeting scheduled to be held in the next couple of months. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 352 ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:58 p.m. Minutes prepared by Fawn Holman, Deputy City Clerk. Arnsr: ~ ~cL ity Cle r~ CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING July 6, 2004 PAGE 353