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HomeMy WebLinkAboutItem 4.01 Draft Minutes 10-21-2008DRAFT ~~ vl LU~~~ MINUTES OF THE CITY COUNCIL ~ ,,, OF THE CITY OF DUBLIN ~~- -~ s~ ~ /f REGULAR MEETING -October 21 2008 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: i~55 1. CONFERENCE WITH LABOR NEGOTIATOR - (Government Code Section 54957.6) Agency Labor Negotiator Joni Pattillo, City Manager- Unrepresented City Employees: Administrative Aide Administrative Analyst I Administrative Analyst II Administrative Secretary Administrative Services Director Administrative Technician Assistant Civil Engineer Assistant Director of Parks & Community Services Assistant Planner Associate Civil Engineer Associate Planner Building Official City Clerk City Engineer Code Enforcement Officer Community Development Director Community Safety Assistant Economic Development Director Finance Manager Finance Technician I Finance Technician II Geographic Information System Coordinator Heritage & Cultural Arts Manager Heritage & Cultural Arts Supervisor Heritage Center Director Housing Specialist Information Systems Manager Information Systems Technician I Information Systems Technician II Office Assistant I Office Assistant II Parks & Community Services Director Parks & Community Services Manager Parks & Facilities Development Coordinator Parks & Facilities Development Manager Permit Technician Planning Manager Preschool Instructor Public Works Director/Assistant City Engineer Public Works Inspector Public Works Manager Public Works Technician I Public Works Technician II Recreation Coordinator Recreation Supervisor Recreation Technician Secretary Secretary to the City Manager/Deputy City Clerk Senior Administrative Analyst Senior Building Inspector Senior civil Engineer Senior Code Enforcement Officer Senior Finance Technician Senior Office Assistant Senior Plan Checker Senior Planner DUBLIN CITY COUNCIL MINUTES t VOLUME 27 REGULAR MEETING OCTOBER 21, 2008 ~ OE Dpi G~ ~G 19/ ~=x,`8`2 ~~1~R~~~~1~~ DRAFT a~sS II.CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S. District Court, Northern District of California, Case C 07-05794 MHP •~ A regular meeting of the Dublin City Council was held on Tuesday, October 21, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:09 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers Lockhart. ABSENT: None Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action was taken. ORAL COMMUNICATIONS Acceptance of Gifts to City from Day on the Glen Festival and Family Movie Nights 7:09 p.m. 3.1 (150-70) Recreation Coordinator Lorri Polon presented the Staff Report and advised that the City Council would receive a report on contributing sponsors for the Day on the Glen Festival and Family Movie Night Events and would be asked to formally accept the gifts. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 27 ~o~~~ REGULAR MEETING ~„~ ~ ;~ OCTOBER 21, 2008 ~\`~~~j~ ~c,~a~ DRAFT ~ ~ 5 ~~ On motion of Cm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council recognized donors for their contributions and formally accepted the gifts. Appointments to the Art Selection Committee for Dublin Transit Center Proiect 7:13 p.m. 3.2 (110-30) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council would be asked to approve selected members who would represent an Arts Selection Committee to review artwork for the Dublin Transit Center Public Art project. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council confirmed the Mayor's appointments to the Art Selection Committee for the Dublin Transit Center project. The appointments were as follows: Transit Center Community Members: Armand Centeno, Lily Wen, and Richard Kilker Arts Professional: DeeAnna Shelton Heritage & Cultural Arts Commission: Anita Carr Avalon Bay Communities, Inc.: Jeff White Alameda County Surplus Property Authority: Patrick Cashman Awards for the Tri-Valley Adolescent Health Initiative (TVAHI) 7:14 p.m. 3.3 (150-20) Eric Figueroa, representative of the League of California Cities, presented the City with two awards, the Helen Putnam Award and the City, County and Schools Partnership Award for 2008, for its participation in the Tri-Valley Adolescent Health Initiative (TVAHI). The City Council commented on the importance of youth participation in the TVAHI. They thanked Justin Minor, a youth member of the TVAHI, for his attendance at the League of California Cities Annual Conference in Long Beach and all members involved with the TVAHI for their service. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 27 ~ ~~ O DpR, REGULAR MEETING i ~~~~,a~ OCTOBER 21, 2008 ~~ ~j Gc~FOR~`° DRAFT The City Council received the awards. •~ Introduction of Melissa Tench-Stevens, Executive Director, Tri-Valley Community Television 7:23 p.m. 3.4 (1050-50) ~~~s Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would be introduced to Ms. Melissa Tench-Stevens, the new Executive Director of Tri-Valley Community Television. Ms. Tench-Stevens thanked the Council for allowing her the opportunity to work in the capacity of the Executive Director at the station. The Council welcomed Executive Director Ms. Tench-Stevens. Public Comments 7:24 p.m. 3.5 No comments were made by any member of the public at this time. CONSENT CALENDAR 7:24 p.m. Items 4.1 through 4.9 Mayor Lockhart pulled Item 4.6 for discussion. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 2, 2008; DUBLIN CITY COUNCIL MINUTES a VOLUME 27 of D ~e REGULAR MEETING ,,;`~~ ~;~ OCTOBER 21, 2008 '~\~~~/~ ~, ass DRAFT Adopted (4.2 560-90) ORDINANCE N0.36 - 08 AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL Adopted (4.3 600-35) RESOLUTION NO. 188 - 08 AWARDING CONTRACT N0.08-10 SHANNON COMMUNITY CENTER FURNISHINGS TO ONE WORK PLACE Adopted (4.4 600-35) RESOLUTION NO. 189 - 08 AWARDING CONTRACT N0.08-15 SHANNON COMMUNITY CENTER AUDIO VISUAL SYSTEMS TO PCD, INC. Adopted (4.5 600-60) RESOLUTION NO. 190 - 08 ACCEPTING IMPROVEMENTS AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES FOR TRACT 7641, SORRENTO AT DUBLIN RANCH (WEST) ~~ ~-s Received (4.7 330-50) Preliminary Report of the financial statements for the months of July 2008 and August 2008; Approved (4.8 330-20) Budget Carryovers and Adjustments from Fiscal Year 2007-2008 to Fiscal Year 2008-2009; DUBLIN CITY COUNCIL MINUTES s VOLUME 27 of o oB REGULAR MEETING ,,;`~~ ~~ i9 ~ ~ ,sz OCTOBER 21, 2008 ~`~~~/~ '~G/FOR~~ DRAFT Approved (4.9 300-40) Warrant Register in the amount of $2,540,897.26. ~~sS Mayor Lockhart pulled Item 4.6 (600-40) Approval of California River Parkways Grant Program Application for the Alamo Canal Trail Under I-S80 Project and Authorization to Manage Construction of the Project, and stated that she had recently attended an Alameda County Transportation Improvement Authority (ACTIA) meeting where they discussed the next round of funding for pedestrian and bikeways. Mayor Lockhart asked if the City of Dublin was going to apply for any of that funding? Director of Public Works Melissa Morton stated she would check with Senior Civil Engineer Ferd Del Rosario. The local share of bike and pedestrian money was scheduled to be the local share match to this grant. The City of Pleasanton and the East Bay Regional Park District were scheduled to contribute as well. The grant application was for $1.6 million, but the total project cost was roughly $2.6 million. Mayor Lockhart stated that at the ACTIA meeting, they had mentioned this project represented exactly what they were looking to fund. Ms. Morton stated she would provide more information to the City Council via the City Council newsletter regarding funding requests. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted RESOL UTION NO. 191- 08 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITYAND SUPPLY, FLDOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) •~ WRITTEN COMMUNICATIONS -None •- DUBLIN CITY COUNCIL MINUTES 6 VOLUME 27 ~~~~DpB~ REGULAR MEETING ,,; ~ ~ i9 ~ 4 psi OCTOBER 21, 2008 ~\~~~/~ ~~FOU~~ J DRAFT ~ ~ PUBLIC HEARINGS -None UNFINISHED BUSINESS Eastern Alameda County Regional Conservation Strategy -Presentation by Zone 7 Water Agency and Alameda County Resource Conservation District 7:27 p.m. 7.1 (410-10) Senior Engineer Mark Lander presented the Staff Report and advised that the City of Dublin previously agreed to participate with the California Department of Fish and Game, the U. S. Fish and Wildlife Service, and six local agencies in the development of the Eastern Alameda County Conservation Strategy (EACCS). The City Council approved a budget increase at its meeting of June 17, 2008, and requested additional information on the scope of work and specific details on the public outreach and education component of the EACCS. The City Council would receive a presentation of the requested information from the Zone 7 Water Agency and the Alameda County Resource Conservation District. Mary Lim, Zone 7's Environmental Services Program Manager, presented the objectives and benefits of the East Alameda County Conservation Strategy: A Blueprint for Action. She also discussed who was involved, and the budgeting and costs to develop the conservation strategy which included the cost sharing. She also presented a summary of the accomplishments they had achieved, to-date, on the effort. Mayor Lockhart asked how the outreach and education component would affect the City of Dublin. Ms. Lim stated the outreach and education component was separate from the Conservation Strategy. She stated there might be some potential opportunities for the education program to go to Dublin schools to fulfill the grant requirements, but it did not necessarily tie into the Conservation Strategy. Mayor Lockhart stated the budget's final numbers included the education program. The money that the Conservation Strategy was looking for did tie into the education program. Also, regarding landowners, did the Conservation Strategy have information on which DUBLIN CITY COUNCIL MINUTES ~ VOLUME 27 ,~ OF Dp REGULAR MEETING ,,;~~ ~~`;~ OCTOBER 21, 2008 '~~~~~/~ Gc,FOC~~• DRAFT ~ ~~ s S landowners were receptive to it? If they did not close that loop, someone could come in with a piece of a land and want to develop it. What they were doing was beneficial to the valley. She wanted to bring landowners into the discussion. Ms. Lim stated they had a lot of active landowners that were engaging into the process. Vm. Sbranti stated in Dublin some of the land bordered San Ramon. Was Contra Costa County involved with any potential mitigations? Dr. David Zippin, ICF Jones & Stokes, stated Contra Costa County had been contacted and they expressed interest in following the process, but not participating in the process. They would try to keep the mitigation in Alameda County. There were enough natural resources in the County that they would be able to accommodate the means of various projects. Vm. Sbranti stated that the Army would also be involved because of Camp Parks, which was something to think about. He asked that Staff keep the Council informed in terms of what species were involved and what mitigation measures might be necessary. Mayor Lockhart stated one goal was to mitigate the valley land but the overarching goal was to preserve the habitat. Cm. Oravetz asked if the Cities of Livermore and Pleasanton had concurred on this issue. Ms. Lim stated they had already signed the funding agreement and committed funds to the process. The City Council received the report. Presentation of the Eastbound Ramp Metering Before-and-After Study Results 7:52 p.m. 7.2 (800-30) Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that Staff would present the results of a "Before-and-After" traffic study of the Phase 2 eastbound DUBLIN CITY COUNCIL MINUTES s VOLUME 27 `~ o~ ~~ REGULAR MEETING ,;~~~~~ OCTOBER 21, 2008 ~~ ~ /~ c~,~~~m DRAFT f ~~ 4'~~ ~~ I-580 ramp metering activation. The study was funded by a Traffic Engineering Technical Assistance Program (TETAP) grant from the Metropolitan Transportation Commission. Cm. Hildenbrand stated the report would be beneficial for the community to hear the benefits of ramp metering. It kept the traffic moving on the freeway. Vm. Sbranti asked about the queuing on Tassajara. Was there any possible improvement measure that could be taken? Ms. Bourgeois stated she could follow-up with Caltrans and ask if they could increase the metering rate. Mayor Lockhart stated that at Santa Rita, on the Pleasanton side, there was traffic feeding onto the freeway in front of the Tassajara traffic which caused delays. Cm. Hildenbrand stated there was no carpooling lane on that side of the freeway. A carpool lane might help improve that onramp. Cm. Oravetz stated he did not believe the lights would work, but they did. They were a good idea. Mayor Lockhart stated that she still had concerns about the San Ramon Rd. exit. People getting off of I-580 at San Ramon Rd., at the overpass, had traffic going three different ways at one time in a very small space in that area. Ms. Bourgeois stated she would look into it. The City Council received the report. Amendment to Kolb Trust Donation Agreement 8:07 p.m. (7.3 295-10/600-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the City Council would consider an amendment to the Donation Agreement with Casey Strom, trustee of the William P. Kolb Revocable Trust, to extend the date that DUBLIN CITY COUNCIL MINUTES 9 VOLUME 27 Gti~ pF pLB~d REGULAR MEETING 19,~~~~~ OCTOBER 21, 2008 ~~ ~'iG/FORDS DRAFT i ~ ~~ s the structures from the Kolb Ranch would need to be removed from January 1, 2009 to Apri130, 2009. Cm. Scholz asked about the plans and preparation taking longer. Was that due to the slow down in the economy? Ms. Lowart stated the addition of the structures to the Historic Park, evaluating them and the move, had added another dimension to the project that had not been anticipated. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote, the Council authorized the City Manager to execute the Amendment to the Agreement. Authorization to Bid Dublin Historic Park, Phase I 8:10 p.m. 7.4 (600-30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that the 2008-2013 Capital Improvement Program included funds to develop Phase I of the Historic Park and relocate several historic structures from the Kolb Ranch on Dublin Canyon Road. Mayor Lockhart asked what was the benefit of Hawthorne Lane, other than providing access to the cemetery. Ms. Lichtenstein stated it would be a loop maintenance path, a drivable pathway. In the short term, it would provide some additional access to the back of the cemetery. Mayor Lockhart stated that there had been damage to the back of the cemetery where people had walked. She was not sure the Hawthorne Lane idea was a good one. Ms. Lichtenstein stated the alternates did not need to be decided tonight. The bidding process could occur and be awarded at the base, and then the City Council could quantify which, if any, of the alternates they wanted to include. DUBLIN CITY COUNCIL MINUTES io VOLUME 27 ~~oeoo~. REGULAR MEETING n; ~ ;~ OCTOBER 21, 2008 19 ~L ~4LIFpR~~ ,~~ l DRAFT Vm. Sbranti asked if they would go to bid without any additive alternates and then the bidders would present what it would look like if they added A, or B or C, and what the costs would be. Would the back area of the cemetery be more visible, and maybe, less problems would occur once the demo of the shopping center took place? Ms. Lichtenstein stated that the back area would be completely visible from the US Bank parking lot. The shopping center building was due to be demoed the next day. You would be able to see from the parking lot, across an open turf area, where they would also take the fence down between the cemetery and the turf area and all the vegetation would be skirted up. Mayor Lockhart asked if there would be any fencing between the cemetery and the rest of the park. Ms. Lichtenstein stated that at that point the intent was to open up the phase of the park to the back of the cemetery and the adjacent areas. Mayor Lockhart stated she wondered how the families would feel that had plots there because they were still burying people there. They were family plots, not just a historical cemetery. Cm. Oravetz stated that the City needed to be sensitive to the families that had loved ones buried in the cemetery. Maybe they could put a fence. Mayor Lockhart stated that it was a dark area there and she did understand opening it up, but at the same time, they did need to be sensitive to the fact that people were still burying their loved ones there. That issue could be dealt with later, but to remember that it was an active cemetery. On motion of Cm. Scholz, seconded by Cm. Oravetz and by unanimous vote, the Council authorized Staff to bid the project with additive alternates. NEW BUSINESS Participation in the Solar Cities Program 8:17 p.m. 8.1 (600-40) DUBLIN CITY COUNCIL MINUTES i i VOLUME 27 G`~~ pF Dp~y REGULAR MEETING 19,~(~~~~ OCTOBER 21, 2008 ~~ ~ /~ ~'~GIFOR~~~ DRAFT 1~ ~~ Assistant City Manager Chris Foss presented the Staff Report and advised that the City of Dublin had been approached to join the Solar Cities Program and make the information available to Dublin residents and businesses. The Cities of Livermore and Pleasanton created the Solar Cities Program website and were working on additional outreach materials. Staff had requested City Council direction as to the potential of entering into a Memorandum of Understanding (MOU) with the Cities of Livermore and Pleasanton for program. If the City was interested in joining forces, the expected costs of revising the Solar Cities' website and additional outreach materials would be approximately $3,500 for Fiscal Year 2008-2009. The next community meeting was scheduled for January 29, 2009, in Livermore at the library. Cm. Hildenbrand stated she thought this was a great idea. She had spoken to citizens of Livermore that were very excited. Vm. Sbranti stated the program should also be made known to businesses. Cm. Hildenbrand asked if this could be part of the Dublin Downtown business plan. Mr. Foss stated they could make the information available to the businesses. There would be an expedited process for processing solar permits. It could be done over the counter. Mayor Lockhart asked if in regard to discussion on commitments for retrofitting public buildings, was there any timeframe in the MOU. Mr. Foss stated that the City had made arrangements in some of the City's most recent buildings to be able to connect solar systems if they did become more feasible or available. City Manager Pattillo stated that Staff would return to the City Council with the actual MOU and requested budget change. On motion of Cm. Scholz, seconded by Vm. Sbranti and by unanimous vote, the City Council approved entering into a Memorandum of Understanding (MOU) with the Cities of Livermore and Pleasanton for the Solar Cities Program. DUBLIN CITY COUNCIL MINUTES i2 VOLUME 27 `~oF~B~ REGULAR MEETING i;~~~;~ OCTOBER 21, 2008 ~\ ~ /~ ~'1G/FOR~~~ 1~~ ~~ DRAFT Grant Award from National Endowment for the Humanities 8:23 p.m. 8.2 (900-70) Heritage Center Director Elizabeth Isles presented the Staff Report and advised that the City Council would receive information on a $1,000 Grant Award to the Dublin Heritage Center from the National Endowment of the Humanities. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council approved the Budget Change in the amount of $1,000. Designation of a No Parking Zone on Crossridge Road 8:25 p.m. 8.3 (570-30) Director of Public Works Melissa Morton presented the Staff Report and advised that in response to a citizen request, this item would seek City Council approval fora 15-foot no parking zone on the north side of Crossridge Road west of Squirrel Creek Circle. The purpose of this zone was to improve sight distance. Mayor Lockhart asked if this was adding to an already red zone. Cm. Oravetz clarified the location of the red zone. Vm. Sbranti stated that the City Council was being asked to approve something that had already been done. Ms. Morton stated the red zone had inadvertently been painted before City Council approval. City Manager Pattillo stated these requests were taken seriously and Staff had a process in place that would prevent this kind of action from happening in the future. Ramoncita Firmeza, Dublin resident, stated this particular block of road had many issues. The corner of Shady Creek and Crossridge was a sharp turn. A driver was going from a DUBLIN CITY COUNCIL MINUTES i3 VOLUME 27 `~pF pp8~ REGULAR MEETING i;~~~;~ OCTOBER 21, 2008 ~ ~~ ~4GIFOl2~~~ DRAFT !~(~ SS 37 foot wide street to a 30 foot wide street, with a sharp corner. Another problem was at the park. There was a blind .area on that street. Another issue was with cars parking on the street. His suggestion was to totally eliminate parking on one side. Overflow cars from the nearby townhome complex were parking on the streets, making parking difficult for the single family residences in the neighborhood. Mayor Lockhart stated that guest parking on private roads was decided by the homeowners association of the complex. Cm. Hildenbrand stated this was a bigger problem. This happened all over the City because people were not parking in their garages. Mayor Lockhart questioned the location of the red zone. Cm. Oravetz clarified the location of the red zone. It was between Squirrel Creek and Crossridge. It only took away one parking spot. Cm. Scholz stated people used their garages as storage, not for parking cars. The City Council could not solve that problem. On motion of Cm. Oravetz, seconded by Vm. Sbrant by unanimous vote, the City Council adopted RESOLUTION NO. 192 - 08 APPROVAL OF NO PARKING ZONE ON CROSSRIDGE ROAD Letter of Support for ACTIA's Active Transportation Program 8:41 p.m. 8.4 (590-90) Public Works Director Melissa Morton presented the Staff Report and advised that the Alameda County Transportation Improvement Authority (ACTIA) was supporting Alameda County as a recipient of bicycle and pedestrian funding under the federal Non- Motorized Transportation Pilot Program. The funding would be used to increase walking and biking funding in the next federal transportation bill, which was scheduled to be DUBLIN CITY COUNCIL MINUTES i4 VOLUME 27 `,~ o~ Die REGULAR MEETING 1;~~~,~ OCTOBER 21, 2008 ~ ~~ ~ ~/ ~'1GIFpR~~~ DRAFT '°~ ,~~ S a adopted by 2010. ACTIA had requested a letter from the City of Dublin endorsing these efforts. Vm. Sbranti asked about the proposed route. Would it go through Dublin on its way to Livermore? Ms. Morton stated it would follow the original Southern Pacific right-of--way and go further south. From the BART station, it would go under the freeway, through Pleasanton and into Livermore. On motion of Vm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the City Council adopted RESOLUTION NO. 193 - 08 ENDORSING THE ALAMEDA COUNTY ACTIVE TRANSPORTATION CAMPAIGN AND AUTHORIZING THE MAYOR TO SIGN A LETTER IN SUPPORT OF THE CAMPAIGN +~ Brat/ Commons Public Art 8:45 p.m. 8.5 (900-50) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council would receive a report on resident concerns regarding the public artwork at Bray Commons Park. Cm. Scholz asked, if the materials were changed, were there any guarantees that it would reduce the sound. Was the noise factor discussed when the City Council first selected this piece of art? Moving the art did not seem like a solution. Mr. Hartnett stated there was no guarantee the problem would be solved. It might possibly solve the noise concern. DUBLIN CITY COUNCIL MINUTES is VOLUME 27 `~oF~~. REGULAR MEETING 1;~~~;~ OCTOBER 21, 2008 ~\ ~4GI1'Y~R~1~ ~~~~ ~~~ DRAFT Cm. Hildenbrand stated the issue had been discussed and the noise was part of the appeal of the art, in taking advantage of the Dublin winds. Cm. Oravetz asked about the sharpness of the leaves on the art. Mr. Hartnett passed around a leaf and stated that it was made of a light gauge metal and the edges were not sharp, but it had a pointed tip. Cm. Hildenbrand asked why the leaves had not been attached in a more secure manner. They had been coming off. Twist ties did not seem like an effective manner of hanging the leaves. Mr. Hartnett stated the artist had done a similar art piece in San Jose and had attached the leaves with a cable. With the wind blowing in Dublin, the leaves were rubbing against the wire or twist ties and that caused the hole, and the leaf falling. Cm. Hildenbrand asked if plastic coating on the holes would help the leaves' stability. Mr. Hartnett stated the plastic coating was more to mute the sound. Vm. Sbranti asked if Staff knew how many leaves had fallen off. Mr. Hartnett stated that 12 had been brought to him in the last few months, and citizens had brought in 8 leaves to two Commission meetings. John Zukoski, Dublin resident, stated the Heritage and Cultural Arts Commission had expressed the need to address the safety issue and the noise. For the residents that lived next to the artwork, the noise could become a nuisance. He suggested two options: a plexiglass silo, or relocating the artwork altogether to another public place that was away from playgrounds and residences. There was over $100,000 available in the public art fund to address these issues. Cm. Oravetz asked if Mr. Zukoski could hear the noise from his home. Mr. Zukoski stated that he could not, but he had been in other buildings that were closer and had heard it. DUBLIN CITY COUNCIL MINUTES i6 VOLUME 27 ,,~ of o°&. REGULAR MEETING ,,; ~ ~ i9 ~ * Paz OCTOBER 21, 2008 ~~~~~~ ~,~~~. ,r DRAFT ~ Cm. Oravetz stated he was familiar with the Dublin noise issues and he could hear the shooting range at Camp Parks from his home. But the guns and the art were two different things. Mr. Bugawan, Dublin resident, stated he lived across from the art. The noise had a potential to be louder than what was reported in the Staff Report. It was not a wind chime, it was metal hitting metal and he had collected fallen leaves from the art. He suggested moving it all together. Cm. Hildenbrand stated the art was located in a public park, available to all the City's residents. The art selection was an extensive process, which included public input, including those in the immediate area. She was not in favor of moving the art. It would be costly. She was in favor of Option 2, to remove the leaves and coat with plastic material and go forward with what the Heritage and Cultural Arts Commission suggested. She would like to see modification before there were drastic changes. She would like to preserve the integrity of the art. She understood it was a problem, but would first like to see modifications before making radical changes. Vm. Sbranti stated Option 2 was also a compromise. Twist ties would help secure the leaves and help reduce the sound as well as plastic coating. Mayor Lockhart stated for the safety issue, she would like to see the twist ties and try the powder coating. She was not interested in moving the artwork, and hoped the measures would make it safer and bring the noise level down. She might not have picked the art piece but it was what the residents and the Heritage and Cultural Arts Commission had selected. Noise in a park was going to happen. Cm. Oravetz stated he agreed with everything the Council had previously stated. He asked that the concerned residents continue communicating with the Council if the problem persisted regarding the sound. Cm. Scholz stated she disagreed with the other members of the Council. She would like Staff to explore the possibility of moving the art. She had a hearing issue herself and did not agree with the proposed solutions. She did not believe they were dealing with the problem. The noise was a nuisance. She supported artwork in the parks, but the Council had made a mistake. She would like to see better service to the citizens. She would like to see a different solution. DUBLIN CITY COUNCIL MINUTES 1~ VOLUME 27 Gl~oFOU~~ REGULAR MEETING OCTOBER 21, 2008 19~~~~,~ `` ~~ ~/~ DRAFT i r ~~ ~S The City Council asked the citizens to provide feedback to the Heritage and Cultural Arts Commission to see if these measures solved the citizens concerns. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by majority vote (Cm. Scholz voting no), the City Council directed Staff to proceed with Option 2 as recommended by the Heritage and Cultural Arts Commission, removing all the leaves, coating with plastic material that would help reduce sound and re-hang by another method, other than twist ties (cables, perhaps), at a cost of $5,000, with the condition that the artist would decide if leaves were to be removed and left off permanently. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:17 p.m. City Manager Pattillo announced the Teen Dance at Fallon Middle School and the Farm Life exhibit at the Heritage Center. Cm. Scholz stated she had attended the Tri-Valley Council meeting in Livermore and the East Bay Division meeting in Crockett. She had also attended the family picnic for the Muslim community. She would be representing the City Council at the Library Commission in Fremont. She also suggested that with new Councilmembers coming on board she would like to see the name of organizations spelled out in Staff reports and during presentations rather than the use of acronyms. Mayor Lockhart suggested having a glossary of frequently used acronyms. Cm. Oravetz stated he had attended the Tri-Valley Council meeting and an Associated Community Action Program meeting. Cm. Hildenbrand stated she had attended the Tri-Valley Council meeting in Livermore and the East Bay Division meeting. This was Red Ribbon Week. DUBLIN CITY COUNCIL MINUTES ig VOLUME 27 G~~~ of DU~ REGULAR MEETING ,,, OCTOBER 21, 2008 ~~~~~ c~„~~~s DRAFT ~~ Vm. Sbranti stated he was involved with the Dublin High School homecoming parade; the Math and Science building ribbon cutting ceremony was coming up. He had spent time at the School of Imagination; attended a meeting at the Dublin Unified School District about what was happening at the Nielsen Elementary School site. There would be educational and community groups that would be utilizing the facility. Mayor Lockhart stated she had a copy of the Eden I & R 2-1-1 number for citizen information on subjects such as housing, help with utility bills, food, and emergency shelter. The City paid into it every year, and this information outlined statistics about the calls received. She stated she had received calls from citizens about political campaign signs. She asked that candidates look at the City's Sign Ordinance and ensure that signs were being placed only where allowed. City Manager Pattillo introduced and welcomed the new Assistant City Manager Chris Foss. •~ ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 9:29 p.m. to an Adjourned Regular meeting at 5:30 p.m. on November 4, 2008, in memory of Louis Arcuri. Minutes prepared by Caroline P. Soto, City Clerk Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES i9 VOLUME 27 'G`~pFlkj~~ REGULAR MEETING 19,~~~~~ OCTOBER 21, 2008 ``