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HomeMy WebLinkAbout10-19-1999 CC Adopted MinutesREGULAR MEETING - October 19, 1999 A regular meeting of the Dublin City Council was held on Tuesday, October 19, 1999, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:07 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston. ABSENT: None. PLEDGE OF ALLEGIANCE Boy Scouts from Pack #545, the Cobras, led the Council, Staff and those present in the pledge of allegiance to the flag. CIVIC CENTER LIBRARY VISIONING - STUDY SESSION 6:11 p.m.3.1(940-60) Parks & Facilities Development Manager Herma Lichtenstein stated Mark Schatz would be coordinating. Mark Schatz with BSA Architects stated he is really excited to be here to kick off the next phase of the Dublin Library. He explained that they are here to ask questions and to listen. He introduced Carla Culberson, Kathy Page, and Bill Fee. Mr. Schatz advised that the purpose of this Visioning Session is to solicit input on goals, ideas and concerns for the new Library facility. They will present and discuss the Preliminary Program Findings and Site CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 533 Assessment. The visioning session will provide an opportunity for brainstorming and input from the Council and the public. The goals for the session are to give Councilmembers and the public an opportunity to express their goals, ideas and concerns regarding the new library and they will use these to develop a vision statement and list of goals for the new project. Kathy Page spoke about the space needs and gave background information on the process to date. Bill Fee discussed the five different locations reviewed at the Civic Center, based on physical site constraints such as noise, wind, relationship to the Civic Center, etc. Each location alternative was discussed with the advantages and disadvantages of each. Mayor Houston questioned why they did not do a noise survey on the area marked E. Cm. Zika asked if there were mitigations they could do for the noise and also if they had any idea of the costs involved. Mr. Schatz advised that Charlie Salter did the acoustical testing and they will study the tradeoffs. Mayor Houston stated he felt areas D and E look like the best areas to pursue. Cm. Zika asked about the parking for the building. Mr. Schatz said parking close to the freeway would be a good use of the land. He felt it is important to create a Civic Center out of the buildings and not just two buildings with a parking lot between them. There are advantages to all the sites. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 534 Vice Mayor Lockhart asked with area B if they could swap the space for the ball field. She stated she likes this location because it is more visible from Dublin Boulevard. Mr. Schatz stated they also need to discuss a one versus two story building. A two story building would obviously have less of a footprint. Cm. Zika asked how much would be involved with getting a landswap. City Manager Ambrose stated it is a long process. It would take well over a year. He also pointed out the operating costs are greater with a two- story building because it would be more staff intensive. Linda Wood stated it would be about a third more. Mr. Schatz advised that his visuals were scaled wrong. He apologized for the confusion this caused. They could come back to this question. Mr. Schatz asked for the Council to answer what the most important role this library will play in the community and what about the library will help do this. He asked each to imagine you’ve just walked into the library and how would you describe this experience. Mayor Houston stated he thought it should be a meeting place for people to come to in addition to coming for the books. We could have meeting space, seminars, and to be able to utilize this with some flex space. Also it should be very current technologically. Sixty computers may not be enough. It is important to have some type of small audio visual type room to aid in meeting rooms and have audio visual equipment that people could use to facilitate meetings. Vice Mayor Lockhart stated she sees the library aiding in the use of the Civic Center. Right now it is used a lot by staff, but not a lot by the community. We want to create an atmosphere where people of all ages can be here and we will truly make it a Civic Plaza if we do this. It is important that it become the heart and soul of our community. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 535 Cm. Zika stated he views this as an invitation to community interaction and learning. He would like to see segregated areas for children’s stories, for reading newspaper, so they don’t disrupt other functions of the library. He would like to have the feeling that he would like to possess all the knowledge contained there. Make the building an invitation to knowledge. It needs to feel accessible. Cm. McCormick stated she feels this is probably the most important building we will ever build in this community; the location as well as what we see inside. She sees it as an information center, part of the Civic Center, pedestrian paths, welcoming, alive and any noise that’s generated is generated on the inside and avoid the freeway noises. She stated she also made a plug for public art which is an important part of this structure. Cm. Howard stated she felt it should be very open where you don’t feel cramped and very comfortable. She felt the noise can be mitigated. Mayor Houston stated he felt acoustics are very important. Last week he was over at the Hayward City Hall. It is a very nice marble building, but very noisy. Mr. Schatz stated he talked with some people at the League Conference last week from Hayward about their building, and they feel it says something about the people in Hayward. The desired descriptive words were: warm, friendly, accessible, art, history, public art surrounding inside and out, community, visionary, forward thinking, unique, intelligent, cultural, and soulful. Joyce Kestle stated the separate rooms idea she liked. Details are very important. She suggested an enclosed room where the door can be opened, but for story telling, it could be closed. A big cork board for drawings would be nice. She also felt women’s restrooms should be close to children’s area or near the center. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 536 Connie Spence, 7385 Hansen Drive stated she envisioned the library being the jewel in the crown of Dublin. Site A would make a statement. Meeting rooms should have access to the outside as well as the inside. She also wants the same thing for the computer room. A jewel within the jewel would be a waterfall. Mr. Schatz responded that this is a good idea because the sound of water drowns other sounds. Cindy Raymond replied to the 3 words; family, community and learning. It was very gratifying to hear the words Friends of the Library when talking about meeting space. They are very short also on storage space. We seem to be on the same wavelength. She stated she likes Site B. She pointed out that an elevator would also be an additional expense for a two story building. Michael Williams replied to the 3 words; people, service and knowledge. It should be built by and for the peo0ple. He would like to see a feature whereby if individuals can’t make it there, a help line could be put in where they could phone in. He suggested also the possibly of a small radio station like they had in Memphis where people could be interviewed and broadcast. An unidentified speaker asked if we could rent some of the rooms at a minimal cost to bring funds back into the library. Mayor Houston felt they couldn’t do this on a continual basis but we may be able to do it on an interim basis. Mr. Schatz continued and brought up the siting issue and the importance of the relationships of the buildings. Vice Mayor Lockhart stated she felt her first choice would be to create synergy between the two buildings and to be as visible as possible to the local transportation and make it simple to get to once they get to the site. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 537 Cm. Zika stated he felt it should relate to the Civic Center, but if there would be a one year delay in dealing with the Department of the Interior, this is not acceptable. We can’t wait another year. He then likes the sites closest to Dublin Boulevard, which is between D and B. He asked if D is a viable site and shift parking further away. Mayor Houston stated he felt D provides the best opportunity to provide interaction between the two buildings. He asked if it is possible for police driveway to just use the Dublin Boulevard access for ingress and egress. The less desirable locations could be used for parking. City Manager Ambrose commented on the parking situation and stated it is not just for employees, it is for customers also. Cm. Howard stated she likes between D and B the best. Mr. Schatz stated based on the City Council input, they will come back with a couple of options and say if we do this, the tradeoff is that. There is not a perfect site. They will explore the implications and options. Cm. McCormick asked if they can take A, C and E off the table. Mr. Schatz stated another challenge is that the Civic Center is a very inward looking building and it doesn’t engage another building. We have to create a building that engages the site better and brings in the Civic Center. Mayor Houston stated he felt a rational circulation has to be considered. They need constraints to help push them in a direction. Mr. Schatz stated they will go back to the drawing boards and look at how different buildings might help on the site. Part of their tasks will be to say these are fixed limits. The interior needs to be as flexible as possible without looking incomplete on the outside. He repeated the importance of having the building be a jewel in the community, warm, friendly, CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 538 accessible, visionary, unique building that speaks to art, intelligence, and history. They will come back and refine this down to a preferred scheme. Mayor Houston asked about the next step. Ms. Lichtenstein stated they will come back in November, but she could not give a definite City Council meeting date. RECESS At 7:19 p.m., the Mayor called for a short recess. The meeting reconvened at 7:29 p.m. with all Councilmembers present. ACCEPTANCE OF GIFTS TO CITY FROM 1999 PASTA FESTIVAL SPONSORS 7:29 p.m.3.2(150-70) Recreation Supervisor Paul McCreary advised that the 1999 Pasta Festival was attended by approximately 40,000 people and was well supported by local businesses. The City received $19,000 in sponsorships and received overwhelming support in the form of in-kind donations of goods and services from local businesses. Monetary and in-kind sponsors were presented with Certificates of Appreciation, as well as festival T-shirts and posters for their support. Mayor Houston recognized and thanked Staff and GoodTimes Promotions and the sponsors. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 539 On motion of Cm. Zika, seconded by Mayor Houston, and by unanimous vote, the Council formally recognized the donors for their contributions and accepted gifts. INTRODUCTION OF NEW EMPLOYEE 7:35 p.m.3.3(700-10) Chief of Police Gary Thuman stated he had hoped to introduce new Dublin Police Services Deputy Shawn Osborne, but unfortunately he was called away from the meeting and is working on the street. PROCLAMATION 7:36 p.m.3.4(610-50) Mayor Houston read a proclamation declaring October 23-31, 1999 as Red Ribbon Week and encouraged all citizens to participate in tobacco, alcohol and other drug prevention programs and activities, making a visible statement and commitment to healthy, drug-free communities in which to raise a generation of drug-free youth. He further encouraged all community members to pledge: NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS. The Proclamation was presented to Chief Thuman. CONSENT CALENDAR CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 540 7:38 p.m.Items 4.1 through 4.10 Vice Mayor Lockhart pulled Items 4.3 and 4.8. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of October 5, 1999; Adopted (4.2 600-50) RESOLUTION NO. 185 – 99 APPROVING AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF I-580 FREEWAY FRONTAGE LANDSCAPING Accepted (4.4 600-35) improvements under Contract 99-05, Annual Street Slurry Seal, and released $7,888.34 retention after 35 days if there are no claims from subcontractors; Adopted (4.5 600-35) RESOLUTION NO. 186 – 99 REJECTING BID RECEIVED FOR CONTRACT 99-12 FIRE STATION ACOUSTIC IMPROVEMENT Adopted (4.6 600-30) RESOLUTION NO. 187 – 99 AUTHORIZING STAFF TO ENGAGE STRADLING YOCCA CARLSON & RAUTH AS DISCLOSURE COUNSEL CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 541 FOR THE DUBLIN RANCH ASSESSMENT DISTRICT AND TO NEGOTIATE A CONTRACTUAL AGREEMENT FOR SUCH SERVICES (NOT TO EXCEED $70,000) Adopted (4.7 600-30) RESOLUTION NO. 188 – 99 AUTHORIZING STAFF TO ENGAGE SMYERS APPRAISAL AS THE APPRAISER FOR THE DUBLIN RANCH ASSESSMENT DISTRICT AND TO NEGOTIATE A CONTRACTUAL AGREEMENT FOR SUCH SERVICES Adopted (4.9 600-30) RESOLUTION NO. 189 – 99 APPROVING AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH HIGH QUALITY ENGINEERING (HQE) Approved (4.10 300-40) the Warrant Register in the amount of $1,227,574.11. Vice Mayor Lockhart pulled Item 4.3, the OPUS agreement, and asked about the fact that we are doing this for a 20 year period and what happens at the end of that time. Mr. Thompson stated this is what Caltrans is doing at this time and they say in 20 years they will take it over. He stated he felt we would have to revisit it when the time gets close to see if they are doing a decent maintenance job. City Manager Ambrose stated Item 4.3 is tied to Item 4.2 and it sets the terms we can set for OPUS. Cm. McCormick asked about our recourse if OPUS doesn’t take care of this. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 542 City Attorney Silver stated we would have whatever remedies we usually have. There are no penalties built into this agreement. Cm. McCormick asked if there are ever penalties built in. Ms. Silver stated in this case the City’s measure of damages would be whatever it would cost to go in and do the work. It would be subject to negotiation. Mayor Houston stated he felt we have a better chance with OPUS than with Caltrans. He felt it was great to have a 20 year agreement. It would be easier to enforce the conditions with OPUS than it would be with the State. This is better for us. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted (4.3 600-30) RESOLUTION NO. 190 – 99 APPROVING AGREEMENT WITH OPUS WEST CORPORATION FOR MAINTENANCE OF I-580 FREEWAY FRONTAGE LANDSCAPING Vice Mayor Lockhart pulled Item 4.8, Sidewalk Repair Contract and asked if Arroyo Vista is considered with this. Mr. Thompson replied no, they are all private streets. Vice Mayor Lockhart stated there are some major issues there. Cm. Zika asked if someone has a potential hazard if they can call and report it. Mr. Thompson replied yes it can be added to the list for repairs. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 543 On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the City Council directed (4.8 600-35) Staff to reduce the number of handicap ramps to be constructed from 15 to 13; approved the Budget Change Form, and adopted RESOLUTION NO. 191 – 99 AWARDING CONTRACT 99-10, 1999-2000 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND HANDICAP RAMP CONSTRUCTION TO VANGUARD CONSTRUCTION ($60,477.50) VICIOUS DOG HEARING APPEAL - EZIO MORESI 7:45 p.m. Mayor Houston stated Item 6.1 would be moved to the end of the meeting. 8:49 p.m.6.1(500-40) Mayor Houston opened the public hearing. Attorney Nicole Tutt presented the Staff Report and advised that on August 19, 1999, a vicious dog hearing was conducted in accordance with Dublin Municipal Code Section 5.36.290. On June 19, 1999, Mr. McCully was bitten on the leg by a loose dog while walking on the service road leading to the reservoir above Topaz Circle. It was determined at the August 19 hearing that the dog is owned by Ezio Moresi. th Ms. Tutt gave the summary of events. Those in attendance at the August 19 vicious dog hearing included: Ezio th and Gale Moresi, the dog owners, Phillip Vermont, the Moresi's attorney, Deputy Hesselein from Dublin Police Services, Deena Hambleton, Secretary, and Amy Cunningham, Hearing Director. After all information was presented, the Moresi's dog, Timber, was declared vicious per Dublin Municipal Code 5.36.290, and restrictions were imposed on the owner of the dog, which included: 1) the owner shall take adequate precautions to CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 544 ensure that the dog is only out of the fenced backyard when on a leash and under the control of an adult, and 2) the owner shall contact Alameda County Animal Control for inspection of the fencing within 15 days of the final determination of this hearing, and make any modifications required by Animal Control to adequately contain the dog. Ms. Tutt stated the dog owner has requested an appeal based on grounds stated in the August 30, 1999 letter from attorney Phillip Vermont: 1) the dog is too old to be vicious; 2) the dog was locked in a gated yard at home, at all times pertinent hereto; 3) as a result, the animal control officer/sheriff has identified the incorrect animal as the culprit; 4) the City has failed to meet its burden of proof and has violated the Moresi's due process rights; 5) the testimony of the officer at the hearing contradicts, and is inconsistent with the animal control officer's report; and 6) the reporting party declines to be involved in this proceeding (therefore depriving the Moresi's of the right to cross-examine witnesses against them). Ms. Tutt stated following the public hearing, the Council should determine whether or not the findings and determination of the August 19 hearing th should be upheld. If the Council determines that said findings and determination should not be upheld, then the Council will need to make findings regarding the facts of the matter and determine whether other, or any restrictions should be imposed. Phillip Vermont , Counsel for the Moresi's asked what type of proceeding they were present for. He then gave his opinion that this should be considered a quasi criminal proceeding, and thus, in his opinion, certain procedural due process requirements should be followed. Mr. Vermont characterized the Moresi's dog, Timber, as a family member. He stated that the dog is 10 1/2 to 11 years old. Mr. Vermont addressed procedural issues and disputed the presumption set forth in the Dublin Municipal Code regarding certain actions by a dog resulting in a presumption that the dog is vicious. For purposes of this item, they rebut this presumption, but do not concede that their dog was the biter. They view this as a case of mistaken identity. They do not believe their dog ever left the yard. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 545 When they left at 9 a.m., the dogs were in the fenced yard, and when they returned between 7:00 and 8:00 p.m., the dogs were still locked in the premises. Their son was there in the afternoon between 2:00 and 5:00 p.m. The Moresi's believe that those people identifying the dog were simply mistaken. Mr. Moresi stated they have seen a similar looking black and white animal themselves near the water tower. Mayor Houston asked whether or not the victim identified the animal. Ms. Tutt responded that the victim had identified Timber as the dog which bit him. Mr. Vermont stated that he believed there were inconsistencies in the record. He further stated that the Moresi's do not dispute the fact that Mr. McCully was bitten by some animal, they just don't believe it was their animal. They agreed to comply with the leash requirement and invited Animal Control to look at the fence line. They adamantly disputed the finding that the dog is vicious, however, and stated that such a finding would affect any future liability on the part of the Moresi's if the dog were ever to accidentally get out in the future. They are asking for a compromise finding here. They will comply with the fence line situation and they will be more than happy to keep the dog on a leash, but they want the "vicious dog" finding to be dropped. Ms. Tutt stated that both dogs were seen at large and Mr. McCully was bitten on June 19. The dogs were identified by the two Sheriff Deputies th on June 20 and were identified by the victim on June 21 . thst Mr. Vermont stated the various reports state that the biter was a black and white animal, but that Timber is a rust colored animal. Mr. Vermont stated that he believed procedural irregularities exist. For example, he was not provided with an opportunity for discovery and they were not provided Mr. McCully's statement until yesterday afternoon. He also stated that he had never been shown the photo of the bite. It is his CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 546 opinion they should have been able to look at these items of alleged evidence. Mr. Vermont went on to state that Timber was not capable of inflicting a bite, as, in his opinion, the dog is simply too old. He stated that Timber has no front teeth; they are ground to stubs. He further stated that no neighbors have complained about any other bites at any time. They ask for a finding that the dog is not vicious and are happy to concede a visit to their property. Vice Mayor Lockhart asked about the need for the double fence and double lock. Mr. Vermont stated that there is a pool in the back area, a garbage can area on one side, and a storage area for Mr. Moresi's business on the other side. They have no explanation of why the witnesses believe that the dogs seen at large are the Moresi's dogs. Vice Mayor Lockhart asked Staff to address the procedural issues. Ms. Tutt stated on Friday afternoon they received the statement from Mr. McCully and they faxed it to Mr. Vermont's office on Monday. They just received the photo this afternoon. Ms. Tutt pointed out that the documents before the Council were provided to the public prior to the meeting, at the same time they were provided to the Council. She explained that this is an administrative hearing and there are different rules than would apply in a criminal proceeding. The Council does not have the same powers as a court. Cm. McCormick asked about the prior incident, which happened 6 months ago. Ms. Tutt stated that Animal Control gave a prior verbal warning to the Moresi's about their loose dogs approximately 6 months ago and that the night of the bite, there were several reports of the animals being loose. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 547 Cm. McCormick asked whether there were three people present who could identify the dogs. Ms. Tutt explained that both Sheriff Deputies were present, but that the victim, Mr. McCully was not present. Mr. Vermont stated Mr. McCully did not seek medical attention and did not care enough to come forward. Ms. Tutt stated that Mr. McCully called his family physician immediately and was told his prior tetanus shot was sufficient. When he went to identify the dogs, he was assaulted by Mr. Moresi, and has since expressed no desire to participate in this matter in any way. Cm. McCormick stated with regard to being too old to be vicious, she believed based on personal experience that an old dog can be vicious. Mr. Moresi denied the statement about his being assaultive. Mayor Houston read the report of Animal Control Officer Scheibner regarding the incident of assaultive behavior into the record. Mr. Moresi stated that the reports state that the biting dog was a black and white dog and neither of his dogs fit this description. He provided pictures of his dogs. An unidentified audience member stated the dog's demeanor is very nice. Ms. Tutt stated both Sheriff Deputies were present and would testify as to their identification of the dogs. Mayor Houston requested that the Deputies speak. Deputy Hesselein stated the dogs were positively identified as the ones that were out. He was about 9 or 10 feet away when he saw the dogs at large and attempted to get them into his patrol car. One dog growled at him. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 548 He stated that it was still light outside when he saw the dogs. Regarding the description of the biter as "black and white", Deputy Hesselein stated that he simply wrote down Mr. McCully's description. Deputy Pat Johnson stated that these were absolutely the dogs he saw at large. Mayor Houston stated he respected the fact that the Moresi's have gone through an extraordinary amount of time and effort to bring this forward. He further stated that the City Council has a dog case before it, where there is a potential danger to the community. He expressed that a person does not get two or three chances to comply with the City's laws. He stated that the Moresi's should continue to do what they claim to do, which is keep the dogs on a leash and/or in the yard. He is not convinced that this is not the dog that did the biting. The Mayor asked for an explanation of the City's options with regard to vicious dog abatement. Amy Cunningham, the Designated Hearing Director, explained that the action taken depends upon the situation. This was a bite, but not that deep. If the bite had been worse, the dogs might not have been given back to the owner. City Attorney Silver sited from the Dublin Municipal Code regarding the City's options. Cm. Zika stated he had heard nothing to overturn the hearing officer's decision. He felt it was the Moresi's animal and felt they scared Mr. McCully, although probably unintentionally. It was his opinion that there is nothing prohibitive in the restrictions placed upon the Moresi's or anything that puts them in any worse light and yet protects the public and makes them doubly cautious if the dog gets out again. Vice Mayor Lockhart stated her opinion that since two dogs were at large the identification of both dogs was trustworthy, and that if the deputies were 10 feet away they would have had a good view of the animals. She CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 549 further stated that they would have no reason to lie about this. She stated that she supports the recommendations of the hearing officer. Ms. Silver suggested that there have been a number of statements made and suggested that the City Council accept writings submitted by City and anything the appellant has to submit and all statements made by the attorneys. She suggested both sides make an offer of proof. Mr. Vermont agreed and said his statements and his client's statements were made as offers of proof. On motion of Mayor Houston, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council accepted the offers of proof with regard to statements by the attorneys as to what various witnesses would say and upheld the findings and determination made on August 19, 1999. 9:35 p.m. PUBLIC HEARING ADOPTING FEE SCHEDULE FOR FIRE PREVENTION SERVICES (FIRE PERMITS, PLAN REVIEW, INSPECTION AND FIRE SERVICES) 7:45 p.m.6.2(540-20) Mayor Houston opened the public hearing. Fire Marshal Jim Ferdinand presented the Staff Report and advised that changes are being proposed to the fee schedule to adjust the base fees in a number of areas where the current base fee is not sufficient to cover the standard service level. The adjustments would relate to: Fireworks, Plan Review and Inspection, Fire Alarm Systems, Medical Gas Systems, Fire Sprinkler Systems, and Underground Water Supply. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 550 Vice Mayor Lockhart asked about the fireworks rates and if this is going to affect the cost to the service groups for the booths. Mr. Ferdinand stated no, this has nothing to do with safe and sane fireworks. Vice Mayor Lockhart asked if it would affect the annual cancer walk for life event. Mr. Ferdinand stated he thought the fees had been waived in the past. Cm. Zika asked about being stuck with reengineering on plan reviews. Mr. Ferdinand advised that Staff can account for this in the permit process. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 192 – 99 AMENDING FEES ESTABLISHED BY RESOLUTION NO. 76-97 FOR FIRE PERMITS, PLAN REVIEW, INSPECTION AND FIRE SERVICES PUBLIC HEARING - AMENDMENT TO DUBLIN MUNICIPAL CODE TO PROVIDE FOR INCREASE IN THE SALARY FOR MEMBERS OF THE CITY COUNCIL 7:48 p.m.6.3(700-20) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 551 Mayor Houston opened the public hearing. City Attorney Silver advised that this Ordinance, which was introduced at the October 5 City Council meeting, would provide for an increase in th salary for members of the City Council for the years 1993 through 1999, following the November, 2000 election. Council salaries would be increased from the current amount of $402.02/month to $565.68/month. The Mayor would continue to receive an additional $100/month. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. 23 – 99 AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN THE SALARY FOR MEMBERS OF THE CITY COUNCIL (FROM $402.02 TO $565.68/MO.) FOLLOWING THE NOVEMBER 2000 ELECTION) Mayor Houston and Cm. Howard voted in opposition to the motion. PUBLIC HEARING AMENDMENT TO DUBLIN MUNICIPAL CODE TO PROVIDE FOR INCREASE IN COMPENSATION FOR MEMBERS OF THE CITY'S COMMISSIONS 7:49 p.m.6.4(110-20) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 552 Mayor Houston opened the public hearing. City Attorney Silver presented the Staff Report and advised that this Ordinance, which was introduced at the October 5 City Council meeting, th would increase compensation for members of the Planning Commission, the Parks & Community Services Commission, and the Heritage & Cultural Arts Commission to $50 per meeting. Planning Commissioners would be compensated for a maximum of 3 meetings per month and the P&CS and H&CA Commissions would be compensated for a maximum of 2 meetings per month. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 24 – 99 AMENDING DUBLIN MUNICIPAL CODE SECTIONS 2.12.030, 2.16,010 AND ORDINANCE NO. 19-99 AND PROVIDING FOR AN INCREASE IN THE COMPENSATION FOR MEMBERS OF THE PLANNING COMMISSION, PARKS & COMMUNITY SERVICES COMMISSION, AND HERITAGE & CULTURAL ARTS COMMISSION PUBLIC HEARING AMENDMENT TO THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE 7:50 p.m.6.5(390-20) Mayor Houston opened the public hearing. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 553 Public Works Director Lee Thompson presented the Staff Report and advised that this amendment would reduce the "Other Use/Alternate Rate" category of the TVTD fee from $1,525 to $610 per average peak hour trip to bring this category more in line with the other five categories. This amendment will reduce the fee for projects that do not fall into the five standard use categories. These categories include: Single Family Residential, Multi-Family Residential, Office, Retail, and Industrial/Warehouse. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Vice Mayor Lockhart stated she has been attending the meetings and the reason for this change is they’ve been hearing from groups affected such as daycare people and the other issue that came before them was gas stations and they are not necessarily their only destination. They looked at this category a little more closely. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 193 – 99 REVISING THE RESOLUTION ADOPTING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES HERITAGE AND CULTURAL ARTS PROGRAMMING ASSESSMENT 7:53 p.m.8.1(910-80/600-30) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that the FY 1999-2000 Budget included $30,000 to conduct an CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 554 assessment of cultural arts and heritage programming in the community. Included in the assessment will be an examination of exciting programs such as Art in the Parks, Art in the Schools, and the Public Art policy. The programs, use and physical space of the Heritage Center will also be studied. With the information garnered from the assessment, a long term plan for heritage and cultural arts programming will be developed. Ms. Leonard discussed the Random Digital Dial Sample Survey, a proposed telephone survey to be done with 400 randomly selected Dublin households. The resulting data will be analyzed and presented in an in- depth report to the City Council, including the consultant's conclusions and recommendations. Ms. Leonard discussed the Focus Group meetings which would be held and advised that Staff identified the following as potential focus group participants: Dublin Fine Arts Foundation, Dublin Historical Preservation Association, Members of the former Heritage Center Advisory Committee, Dublin Unified School district Administrators and Staff, Dublin Theater Company, and Development Community. The focus group meetings will be publicized and will be open to the public. The information received from the meetings will also be analyzed for inclusion in the final report. Ms. Leonard stated Staff recommended that the City negotiate a contract with Lynne Baer for Project Management Services. Staff has received a proposal from Ms. Baer, which will serve as the basis of contract negotiations. Staff will bring the Request for Proposals for Assessment of Heritage and Cultural Arts Programming and the Project Manager contract to the Council for approval. Cm. Zika asked with regard to the survey, how many of the 400 do we expect responses from. Ms. Leonard explained that they keep calling until they get 400 responses. Another problem they anticipate is the fact that Dublin has some overlapping prefix numbers. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 555 Cm. McCormick asked if the $30,000 is a good number. City Manager Ambrose replied we are not sure yet. Cm. McCormick commented on the list of participants listing development community. She asked if Staff had anybody in mind. She also requested that the Chamber of Commerce be included. Ms. Leonard stated it will be a group of developers. Mayor Houston requested that Staff change this category to business community. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council approved the recommended assessment methods; directed Staff to prepare a RFP for assessment of cultural arts and heritage programming to be sent to qualified consulting firms; and directed Staff to negotiate a contract with Lynne Baer for Project Management Services. EVALUATION OF 1999 DUBLIN PASTA FESTIVAL 7:59 p.m.8.2(950-40) Recreation Supervisor Paul McCreary presented the Staff Report which gave a detailed analysis of the 1999 Pasta Festival, including Festival Site, Parking and Transportation, Festival Vendors, Attendance, Food and Beverage, Advertising, Festival Workers, and Location and Date for Future Festivals. Mr. McCreary advised that Dublin Honda has informed the City that they are strongly opposed to holding the event on Amador Plaza Road in the future as the festival has resulted in lost automobile sales for their agency. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 556 As a result, Staff met and identified the Dublin Sports Grounds (DSG) and Civic Center as a potential site for future Pasta Festivals; however, if the event were moved to the DSG, the event dates would need to be changed to August 12 & 13, 2000 in order to avoid conflicts with existing programs at the DSG. An additional option would be Emerald Glen Park, however, the park would not be available for a festival of this type until 2001. Staff has reviewed the DSG site with GoodTimes Promotions. They are strongly opposed to moving the festival from its current location on Amador Plaza Road. Mr. McCreary reported that the Parks & Community Services Commission reviewed the Pasta Festival at their September 20 meeting. The th Commission considered the date change, but not the location change requested by Dublin Honda. The correspondence from Dublin Honda had not been received when the Commission conducted the evaluation. The Commission made several recommendations for the 2000 festival, including: 1) The festival should continue to be held on Amador Plaza Road the weekend following Labor Day. 2) The number of arts and crafts vendors should be increased and the number of commercial vendors decreased. 3) Vendors should be required to remain open during the published festival hours, including Saturday night concert. 4) Cleanup crews should not be allowed to begin cleanup before the festival closes for the day. 5) The number of volunteer workers in the beverage booths needs to be re-evaluated. Staff also conducted an evaluation of the event and in general, was pleased with GoodTimes Promotions and recommended that they continue to promote the event in the future. Staff also concurred with recommendations 2 through 5 discussed above, and had additional recommendations, including: 1) Promoter should increase operations staff to better coordinate the festival volunteers and beverage/ice distribution. 2) Promoter should coordinate the festival electrical plan with Public Works in advance of the festival. 3) Promoter should re-evaluate the vendor fee structure and develop a new event budget based on the final financial statement. 4) Promoter should send an evaluation form to the festival workers from the non-profit organizations and festival vendors. 5) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 557 Promoter should develop an improved plan for recruiting, scheduling, training and orientating the festival volunteers. 6) Promoter should evaluate the beverage and food sales operation. 7) Promoter should investigate more unique commemorative items, such as pasta bowls, to sell at future festivals as shirt sales at the City's festivals are beginning to decline. Mr. McCreary stated in addition to the recommendations of Staff and the Parks & Community Services Commission, Staff requests direction from the City Council on the location and date of the festival for 2000. If the Council is interested in pursuing alternate locations and looking at alternate dates, Staff will work with GoodTimes Promotions to identify potential locations and dates for consideration by the City Council at a future meeting. In addition, Staff will work with GoodTimes Promotions to further evaluate the recommendations and determine how they can be implemented. Cm. Zika commented he thought getting rid of the cash registers was good. The accounting wasn’t working. He also stated there seemed to be a lot of police officers there and this might have been overkill. Overall, it was an excellent festival. Vice Mayor Lockhart complimented GoodTimes Promotions for a good event. She stated she enjoyed the cash register punching. She was concerned with dealing with the location. We are here to set up something that is good for the whole community. This location, since it is injuring a business, should be looked at carefully. We advertise and people will find the location. She stated she was concerned that twice a year we impact the businesses with our St. Patrick’s Day parade and then close the street for 2 days for the Pasta Festival. She likes the idea of the DSG and also St. Patrick Way since this is a closed street. This location should be considered. She stated she also would support discussion for changing to an August date. The weekend after Labor Day is not great for getting volunteers either. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 558 Cm. McCormick stated while they did have training sessions for volunteers, the problem was they had no relation to what happened when you arrived to go to work. They should be more relevant to what will happen. She stated she agreed that we should consider doing as little damage as possible to our businesses. Mayor Houston stated he felt minimizing the move long term that Emerald Glen Park will be able to work it much better. The location and date for 2000 should be determined. Cm. Zika commented he felt August is bad because this month is typically used for vacationing. Mayor Houston stated he felt August 19 and 20 would be better than thth earlier in the month. This year there were a lot of conflicting events the same weekend, not only in the Bay Area, but right here in Dublin. Vice Mayor Lockhart made a motion, which was seconded by Cm. McCormick, to move the festival to another location and examine St. Patrick Way and the DSG or any other possible locations such as Donlon Way and consider an August date for the festival. Mayor Houston stated he wanted to amend the motion to say move the festival to the DSG and make it date specific on August 19 and 20. thth There will be a tremendous amount of construction going on on St. Patrick Way. Vice Mayor Lockhart agreed to amend her motion and Cm. McCormick agreed to amend her second to the motion. Mr. McCreary stated the DSG could be considered for 2000 and with advance coordination we could have adequate parking. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, the Council determined that the 2000 Pasta Festival should be held at the Dublin Sports Grounds on August 19 and 20. thth CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 559 Cm. Howard and Cm. Zika voted in opposition to the motion. MASTER SIGN PROGRAM/SITE DEVELOPMENT REVIEW FOR SHAMROCK FORD, AN AUTONATION USA COMPANY PA 99-047 8:20 p.m.8.3(410-30/400-30) Associate Planner Andy Byde presented the Staff Report and advised that this is an application proposing to modify the existing building colors, and signage of the AutoNation used car facility necessary to convert it into a new car sales facility (Shamrock Ford). AutoNation has purchased Shamrock Ford and intends to move all sales operation to the AutoNation Site. Shamrock Ford's service and parts operation will remain at the current location on an interim basis. The building colors are proposed to be changed from light green, off-white and beige, to off-white with warm gray accents. The signage color is proposed to change from green to blue. Mr. Byde advised that the applicant proposes to modify the existing signage to reflect the conversion of the used car facility to a Shamrock Ford sales facility. The letter height, color and design of the new signs are well proportioned to the design of the buildings. Mr. Byde stated in summary, the proposed design would result in a well planned sign program for the dealership that would compliment adjacent Hacienda Crossings Commercial Center, located to the west of the property. Mr. Byde stated Staff provided the City Council with a memo to modify Condition No. 11. Verbiage was added, "AutoNation USA Corporation (or any related company) will continue to use its existing Dublin SBE sellers permit number (SYEA97158834-0007) for sales of used cars and trucks and automotive service/repair on the property if AutoNation USA CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 560 Corporation continues such sale and service separate from Shamrock Ford, an AutoNation Company. Mr. Byde advised that Craig Caldwell with Shamrock Ford, Ed Castillo with Trans Systems, and John Strautman with AutoNation were present in the audience. Vice Mayor Lockhart stated she has heard the most complaints about the tents outside. With regard to the light pole standards, she asked if white would be more obtrusive than grey? Mr. Byde responded that generally white may contrast with the skyline. Cm. McCormick asked about the function of the tents. Mr. Byde stated they were a combination of aesthetics and to provide cover for going in and out of the building. Vice Mayor Lockhart asked with regard to the agreement with the County, once they move to that location, then we are in a tax sharing position with the County. She stated she did not follow this. City Manager Ambrose stated our agreement with Alameda County indicates that if any franchise is bought, it doesn’t change the nature, and if within one year it moves to another location on the County’s property, the City continues to receive its 1% sales tax. The question is whether AutoNation plans to remain in business. If AutoNation is separate from Shamrock Ford we would receive 65% from AutoNation and 100% from Shamrock Ford. If they are 2 separate businesses, this makes a difference. This is clear in our minds, but the question is if it is clear in the County’s mind. Mayor Houston stated he felt this is a vast improvement and he looks forward to the new facility. Cm. McCormick asked if they end up with a net gain on signage. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 561 Mr. Byde stated yes, there is a slight gain. On motion of Cm. Zika, seconded by Cm. Howard, and by unanimous vote, the Council adopted (with revised Condition #11) RESOLUTION NO. 194 – 99 APPROVING PA 99-047 AUTONATION/SHAMROCK FORD AMENDMENT TO MASTER SIGN PROGRAM/SITE DEVELOPMENT REVIEW SUMMER CONCERT SERIES EVALUATION 8:33 p.m.8.4(950-40) Recreation Supervisor Paul McCreary presented the Staff Report related to the City's 1999 Summer Concern Series and advised that a total of 5 concerts were held. Compared to 1998, attendance at the 1999 concerts rose from an average of 350 to about 600. Mr. McCreary advised that the Parks & Community Services Commission reviewed the concert series at its meeting on September 20. The th Commission unanimously recommended changing the concerts from the 2 and 4 Fridays of the month to five consecutive Fridays from June 30 ndthth to July 28. In addition, the Commission directed Staff to investigate the th feasibility of holding a sixth concert as a kick-off to the summer concert series. The event would be geared toward adults, featuring classical music in conjunction with a wine and cheese social. The Commission suggested charging an admission fee and having the event in the Civic Center Courtyard. Vice Mayor Lockhart commented she likes the idea of adding the classical music and wine and cheese and charging for it. It would be a nice added feature and this might appeal to a different group. Her one concern with CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 562 the Commission’s recommendation is to end the concerts in July. It looks like August had more concert goers than July. She stated she would prefer to not exclude August. Mayor Houston stated he agreed and felt weather dictates how many people attend. He stated he likes the idea of having them on 5 consecutive weeks. Mr. McCreary stated backing up the first concert would be July 14 th August 11. They would have to look at a date for the kick off event. th They could bring back a report to the City Council. Mayor Houston stated the Camp Parks Band is doing a concert in the Courtyard in December. Mr. McCreary stated the date for the kick off event could be July 7 or th June 30. Staff will review the options and come back to the Council with th a plan. PURCHASE AGREEMENT WITH ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR 4.92 ACRES OF EMERALD GLEN PARK 8:41 p.m.8.5(600-40) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that in order to complete construction of Emerald Glen Park, Phase I, the City will need to purchase additional acreage from the Alameda County Surplus Property Authority. The City Attorney has prepared a purchase agreement for consideration by the City Council. The County has agreed to sell the property to the City for the sum of $2,066,400, which reflects payment at $420,000 per acre. The per acre CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 563 cost is equivalent to the land value used in establishing the current Public Facilities fee for community park land. Ms. Lowart explained that the discrepancy in the amount of acreage needed for the Phase I development came about as a result of the final engineering for the park site and the adjacent creek and street alignments. The reason for the additions is so that the parcel boundaries are more in line with the adjacent streets and improvements. The CIP anticipated the purchase of the balance of the park acreage in FY 2001-2002. The amount to be purchased will be reduced by 4.92 acres when the CIP is updated next Fiscal Year. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council approved the agreement between the Alameda County Surplus Property Authority and the City of Dublin regarding purchase of real property for Emerald Glen Park; authorized the Mayor to execute the agreement; and approved the Budget Change Form. ADOPTION OF PUBLIC FACILITIES FEE ADMINISTRATIVE GUIDELINES 8:44 p.m.8.6(390-10) Parks & Community Services Director advised that proposed guidelines have been developed which establish procedures for calculation, reimbursement, credit or deferred payment and other administrative aspects of the Public Facilities Fee, as well as procedures for construction of designated facilities by developers. Public facilities include completion of the Civic Center office space, construction of a new library, relocation and expansion of the existing senior center, and acquisition and CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 564 construction of neighborhood and community parks and community buildings. Key elements of the administrative guidelines include: Imposition of Fee, Interrelation of Quimby Act Fees and Public Facilities Fees, Effective Fee, Fee Basis, Fee Adjustments, Fee Exemptions, Fee Credits and Reimbursement, Construction of Designated Facilities by Developers, and Other Issues. In summary, the Public Facilities Fee Administrative Guidelines provide clear standards and procedures for managing the calculation, collection and use of these fees, as well as for the creation and use of credits and reimbursements. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 195 – 99 ESTABLISHING THE PUBLIC FACILITIES FEE ADMINISTRATIVE GUIDELINES OTHER BUSINESS 9:35 p.m. Tri-Valley Business Council Meeting (610-05) Mr. Ambrose advised that the Tri-Valley Business Council will be holding another community meeting to discuss their proposal at 5:30 p.m., on October 21 in the Karr America building. st CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 565 City Promotional Video (150-35) Mr. Ambrose advised the Council that in order to keep the video production on schedule, Staff would like ideas by tomorrow. Waste Management (810-10) Cm. Zika reported on a letter and fax received from the OriLoma Sanitary District asking us to send a letter to the Alameda County Recycling Board, on their attempt to impose COLA surcharge adjustment to Measure D. They need more money because tonnage is being reduced which is the purpose of Measure D. They have more money than they’ve identified ways to spend it. None of the members of this board are elected. He stated he would like Staff to draft a letter supporting opposition to this COLA. Mr. Ambrose stated Staff can put this on the next Council agenda. Vice Mayor Lockhart agreed and stated it is extremely controversial. League of CA Cities Conference (140-20) Cm. McCormick reported that she and Mr. Ambrose recently attended the League of California Cities Conference in San Jose. She heard a really good talk by State Treasurer Phil Angeletis on rebuilding our infrastructure and smart growth. They sat in on a couple of sessions on public art. Dublin is really ahead of the game compared to a lot of cities in California. She stated she was proud to know this. She encouraged people to plant a tree for the Millennium. Trees cut carbon monoxide by 25%. An 800 number can be called on how to get a tree and how to plant one. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 566 Waste Management (810-60) Vice Mayor Lockhart advised that she attended a Waste Management meeting this morning. There is a group working on an ordinance related to the waste stream related to new building and remodel issues and infill projects. There are some wonderful case studies about companies doing a really good job of recycling. Waste Management staff will bring presentations to planning staffs and Councils. They do have a lot of projects in the works. They are excited that we will have the green waste trailer out here. More information on the sample ordinance will be forthcoming in the future. Pencils Made From Recycled Cardboard (810-60) Cm. McCormick distributed gifts to the Council that she brought from the League Conference; pencils made out of recycled cardboard. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:44 p.m. ____________________________________ Mayor CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October 19, 1999 PAGE 567 cities in California. She stated she was prOud to know this. She encouraged people to plant a tree for the Millennium. Trees cut carbon monoxide by 25%. An 800 number can be called on how to get a tree and how to plant one. Waste Management (810-60) Vice Mayor Lockhart advised that she attended a Waste Management meeting this morning. There is a group working on an ordinance related to the waste stream related to new building and remodel issues and infill prOjects. There are some wonderful case studies about companies doing a really good job of recycling. Waste Management staff' will bring presentations to planning staffs and Councils. They do have a lot of projects in the works. They are excited that we will have the green waste trailer out here. More information on the sample ordinance will be forthcoming in the future. Pencils Made From Recycled Cardboard (810-60) Cm. McCormick distributed gifts to the Council that she brought from the League Conference; pencils made out of recycled cardboard. 'ADJOURNMENT 11.1 There being no further business'to come before the Council, the meeting was adjourned at 9:44 p.m. ATTEST: Mayor CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING October t9, 1999 PAGE 560