Loading...
HomeMy WebLinkAbout02-07-2006 Adopted CC Min MINUTES OF THE Crn' COUNCIL OF THE Crn' OF DUBLIN RE6ULAR MEIITIN6 - FEBRUARY 7. 2006 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (b)(i) Facts and Circumstances: Government Code Section 54956.9, subdivision (b)(3)(B)- ClP Project # 96920 II CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION initiation of Litigation pursuant to Government Code section 54956.9, subdivision c (3 potential cases) III 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, etal- VG0524l773 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 ~ 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 CWSED SESSION ACTION Mayor Lockhart advised that no action was taken during Closed Session. .. ORAL COMMUNICATIONS Introduction of New EmDlovees 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 25 REGULAR MEETING February 7, 2006 PAGE 47 ~ Apvointment 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 Cm. 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 PAGE 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 JA1\1ES & 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, PA-05-042 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. ... WRITIEN COMMUNICATIONS - None ... PUBUC HEARINGS Public Hearing Adoption of Ordinance Amending the Loitering Provisions of the Dublin Municioal 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 19~m I 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 ~ Reauest to Re-Ooen 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 Camt> Parks Project 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 Prooosals for Financial Advisor and Public ODimon 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 Z) 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 ~ 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 Dav 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 Open 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 - ~ 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 (i) 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 .. Prooosal for Compliance with the Ethics Training ReCluirement 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 Imoact 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 Cooncil 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 S1. 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 ~ 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. .. @JOURNMENf 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 CB