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HomeMy WebLinkAboutItem 4.01 Draft CC 08-15-2006 Min MINUTES OF THE Crn' COUNCIL OF THE ern' OF DUBUN CWSED SESSION A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LmGATION Government Code section 54956.9, subdivision a Name of case: Granite Construction Company v. City of Dublin, Office of Administrative Hearings Arbitration #A-0005-06 .. A regular meeting of the Dublin City Council was held on Tuesday, August 15,2006, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. +- REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no action was taken during Closed Session. \'OLlItVIE 25 REGIJLAR lVIEETING August 15, 2006 PAt,E 266 ~ .. ORAL COMMUNICATIONS Introduction of New Employees: Valentina Guzman, Community Safety Assistant; and Lianne Gildea, Part-Time Permanent Office Assistant I, Public Works Department 7:01 p.m. 3.1 (700-10) Commander Thuman introduced Valentina Guzman, Police Services' new Community Safety Assistant. Public Works Director Melissa Morton introduced Lianne Gildea, the Public Works Department's new Part-Time Permanent Office Assistant I. The Council welcomed Ms. Guzman and Ms. Gildea to Dublin City Staff. .. Acceptance of Gifts from the Dublin Historical Preservation Association 7:05 p.m. 3.2 (150-70) Heritage & Cultural Arts Supervisor John Hartnett presented the Staff Report and advised that the Council would consider accepting gifts totaling $7,351 from the Dublin Historical Preservation Association (DHPA) related to the restoration project entitled "The Journey" at the Old Murray Schoolhouse. Steve Lockhart, President of the DHPA, stated that it was a pleasure for DHPA to fund some of the renovation items at the Old Murray Schoolhouse. The City and Staff have done an excellent job at re-creating the past in the new exhibit. Cm. Zika stated that the new exhibit was much better than the Council could have ever hoped and encouraged the public to visit the Old Murray Schoolhouse. On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council accepted the gifts totaling $7,351 and directed Staff to prepare formal acknowledgement to the Dublin Historical Preservation Association. +- VOLUIVIE 25 REGIJI.,AR MEETING August 15, 2006 l::lAGE 267 Approval of 2006-2007 Contract for Services, Dublin Library 7:09 p.m. 3.3 (600-40) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that, at the City Council's Fiscal Year 2006-2007 Budget Hearing, the Council approved funding for 31 additional hours of service at the Dublin Library as well as funding for library materials. Lee Jouthas, Dublin Library Branch Manager, made a brief presentation regarding the Dublin Library operations and goals over the past three years and advised that new Friday hours, funded by the City of Dublin, would begin on Friday, August 25, 2006. Cm. Hildenbrand stated that she and her daughter had enjoyed many Library events over the summer. On motion of Vm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLIJTION NO. 152-06 APPROVING AGREL\1ENT \VITlI COUNTY OF ALAA1EDA FOR ADDITIONAL LIBRARY SERVICES FOR FY ZOl16-2007 .. Presentation by the Alameda County Transportation Authority (ACTA) and Approval of Proposed Amendment No.2 to the 1986 Measure B Expenditure Plan 7:29 p.m. 3.4 (600-40) Christine Monsen, Executive Director of ACTA, made a brief presentation that reviewed the proposed Amendment No. 2 to the 1986 Measure B Expenditure. The statutes governing the Measure B Program required an amendment to the Expenditure Plan whenever a project was added, deleted or revised. The Amendment must receive the approval of the majority of City Councils in Alameda County. VOLUlVIE 25 REGULAR lVIEETING August 15, 2006 PAra: 268 On motion of Cm. McCormick, seconded by Cm. Zika and by unanimous vote, the Council adopted RES("'LUTf(\\J 1\0. 15:~-l)\; AUTHORIZING THE APPROVAL OF A1\1END1\1ENT NO.2 TO THE ALAAtEDA COIJNTY TRANSPORTATION EXPENDITlJRE PLAN DATED AUGUST 1986 .. Presentation by Public Works Department on Planned Capital Improvement Projects 7:31 p.m. 3.5 (800-30/820-20) Public Works Director Melissa Morton made a brief presentation to update the Council on progress made in implementing several Capital Improvement Plan programs, highlighting the Fallon Road Interchange and Dublin Boulevard/Dougherty Road Intersection Improvement projects. Mayor Lockhart asked who would be responsible for the landscaping on the north side of the freeway on the Fallon Interchange. Ms. Morton advised that typical landscaping that Caltrans might provide was soil amendments and erosion control. Dublin proposed additional landscaping improvements to beautify the interchange, and the City of Dublin would take over maintenance of those landscape features. The Council thanked Staff for the presentation. +- Public Comments 7:40 p.m. 3.6 John T. Collins, Sr., Dublin resident, asked if he was correct in believing that the City Council could not be sued for actions taken in City Council meetings. Assistant City Attorney John Bakker advised that typically Councilmembers were immune from suit in their capacity as Councilmembers. VOLUI\1E 25 REGULAR lVIEETING August 15, 2006 I) it (~,'(;' ". L. <; I _" _.r I:.. _\)," Mr. Collins asked for clarification as to what the first reading of an Ordinance involved. If the reading was waived and the Ordinance introduced, would it be voted on that night? Mayor Lockhart outlined the Ordinance adoption process and indicated that an Ordinance required two votes by the Council, one at the first reading of the Ordinance and one at the second reading of the Ordinance. If the Council voted affirmatively on both votes, the Ordinance would go into affect 30 days later. City Manager Richard Ambrose explained that the term "waive the reading" meant that the Council did not have to read aloud the entire verbiage of the proposed Ordinance. Mr. Collins asked if a member of the public could ask for the entire reading of the Ordinance. Assistant City Attorney John Bakker advised that a member of the public could ask, but it would be up to the City Council to support or deny the request. 7:43 p.m. Susan Bewely, Dublin resident, addressed a public safety issue in the Silver gate area on San Ramon Road and indicated that there were a lot of deer in the area that have or might be hit by vehicles. There was currently a deer sign on Silver gate Drive at Winding Trail Lane, but it was not visible to drivers on Rolling Hills. She asked that the Public Safety Committee review her request for a deer sign on Silvergate Drive as it approached Rolling Hills Drive. Mayor Lockhart asked Staff if the Public Safety Committee could review the request. ~ity Manager Ambrose advised that the Public Works Department would look into the Issue. .. CONSENT CALENDAR 7:46 p.m. Items 4.1 through 4.6 On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council took the following actions: VOLUI\lE 25 REGULAR MEETING August 15, 2006 PAC II 2in Approved (4.1) Minutes of Regular Meeting of July 18,2006; Accepted (4.2 600-35) improvements under Contact No. 06-05, 2005-2006 Annual Slurry Seal Program, and authorized release of retention after 35 days if no subcontractor claims received; Adopted (4.3 600-30) RESOLUTION NO. 154-06 APPROVING AGREEMENT \VITH HARDISON, K01\1ATSU, IVELICH, AND TUCKER (HKI&T) fOR A:1AINTENANCE FACILITY PROGRAIvtivlING STUDY Adopted (4.4 600-40) RESOLUTION NO. 155-06 Al TTHORIZING CITY l\1ANAGER TO EXECUTE AGREE1\1ENT \VITH CITY OF LIVERiVl0RE FOR HORIZONS FA1\lILY COUNSELING Authorized (4.5 600-40) City Attorney to secure appraisal services for Dublin Square Shopping Center, and approved Budget Change in the amount of $17,500; Approved (4.6 300-40) the Warrant Register in the amount of $1,533,461.86. .. WRITfEN COMMUNICATIONS Solar Energy Building Permit Fees: Request by Sierra Club to Review Permit Fees for Rooftop Photovoltaic (PV) Solar Panels 7:48 p.m. 5.1 (440-20) Building Official Gregory Shreeve presented the Staff Report and advised that the City Council would review a written request by the Sierra Club regarding the City's current practice of charging a building permit fee based on the City's cost of reviewing and inspecting solar energy systems. Staff recommended that the Council direct Staff to return with a flat fee approach for both PV systems and solar pool heating systems based on the Tri - Valley average or provide Staff with other direction. VOLUl\IE 25 REGULAR MEETING August 15, 2006 I, ,t,(' ~I" 1'''1 " _~~_l _~.. _ / ~D!:~ 1/~~'f.b~~\1 19 ~;~ 82 ,~, ~~w Cm. McCormick stated that there should be a flat fee to show Dublin's commitment to energy conservation. This should also be carried further and used as a marketing tool to show there was an incentive to go solar. Mayor Lockhart agreed that the information should go on the City's website, as well as a brochure developed to encourage alterative energy sources. The Council agreed that Dublin should set the example for energy conservation and discussed the flat fees. By consensus the Council agreed that the PV system rate should be $250 and the solar pool heating system rate should be $100. The flat fee information should be included on the website and brochures as a incentive device to encourage people to become more energy efficient. On motion of Cm. McCormick, seconded by Vm. Oravetz and by unanimous vote, the Council directed Staff to prepare a Resolution for Council consideration using the flat fee approach for PV systems at $250 and solar pool heating systems at $100. .. PUBLIC HEARINGS Public Hearing Proposed Ordinance Declaring Secondhand Smoke a Nuisance 7:57 p.m. 6.1 (560-90) Mayor Lockhart opened the public hearing. Associate Attorney Leah Peachey presented the Staff Report and advised that, at its June 6, 2006 meeting, the City Council directed Staff to return to Council with an Ordinance declaring secondhand tobacco smoke a nuisance and providing for abatement of the nuisance by a private party. This Ordinance provided solely for a private right of enforcement, which involved no cost to the City. Bruce Fielder, Dublin resident, stated that he was pleased that the City Council was considering action to combat secondhand smoke. If the statistics in the Staff Report were correct, secondhand smoke would kill six persons in Dublin during the next 12 months. He encouraged unanimous support for the health of Dublin citizens. John T. Collins, Sr., Dublin resident, indicated that the Surgeon General's Report stated that if a person worked for 40 years in an enclosed 8' x 12' x '12 room with a person VOLtJlVlE 25 REGULAR J\tlEETING August 15, 2006 I) ;\... (.-' 1;-1 '7") ..T _i'- t..- who smoked a pack of cigarettes a day, he would only absorb 600 cigarettes' worth of secondhand smoke during the course of those 40 years. The prevailing winds in Dublin would also diminish much of the cigarettes smoke from someone smoking in their backyard. He urged the Council to oppose the proposed Ordinance. Brian Wassom, Pleasanton resident, advised that he was the son of Shirley Wassom, who was an advocate of this Ordinance. She had been adversely affected by secondhand smoke, which was, in his opinion, a nuisance. He had attempted to mediate the situation between his mother and her neighbor, but it did not help. He urged the Council to adopt the Ordinance. Serena Chen, American Lung Association of California, advised that the Surgeon General's Report cited cities in Alameda County, including Dublin, for protecting citizens from secondhand smoke. The American Lung Association received at least two or three complaints a week from all over the County, the majority of which were regarding smoking in residential units. The Surgeon General's Report stated that most of the exposure to secondhand smoke occurred in homes and cars, and children were more affected than adults. The American Lung Association was involved in the East Bay Smoke Free Housing Project in Alameda County, which provided resources to citizens in a City that had an adopted Nuisance Ordinance to learn and leverage rights to get mediation. Charlie Ann Kuhn, San Ramon resident, stated that one whiff of cigarette smoke was one too many and urged the Council to adopt the Ordinance. Mayor Lockhart closed the public hearing. em. Hildenbrand read a letter into the record written by Shirley Wassom, Dublin resident: "To Whom it May Concern: In the broadest report yet on second-hand smoke that was recently released; Surgeon General Richard Carmona stated "second-hand smoke remains a problem." He also said "second-hand smoke is dangerous. This report documents beyond any doubt that second-hand smoke harms people's health in many ways. Due to overwhelming scientific eVidence there is no risk free level of second-hand smoke exposure and even brief exposure can cause health problems. I can personally attest to these facts. I have had to have at least 50 shots of penicillin in a very short period of time to try to clear my lungs from the damage caused from breathing second- hand tobacco smoke in a federal office. There have been many instances of having sore throats caused by others smoke and in very small amounts. These sore throats would then turn into bronchitis, eventually resulting in a visit to a physician for medication and all because of others addiction to tobacco. The air force fired me for not being at my desk because I could not breathe in their smoke filled offices. I lost my job, my retirement VOLlJ1VIE 25 REGULAR lVIEETING August 15, 2006 P "("....-' ., "'!l . .;'-\, .. -'-~ ..... :~., benefits and my health even after wearing an industrial respirator on the job, trying to keep the job I had worked hard for and my family needed With this new report I find another health problem' my family and I have had to suffer through because of second- hand smoke. The report says evidence also suggests a link between second-hand smoke and breast cancer, brain tumors, childhood lymphoma and leukemia. July 16, 2001 a very large right parietal meningioma brain tumor was taken out of my head. This tumor caused permanent damage to the nerves that control my left foot, leaving me with a very numb foot. I love the prevailing, cool west wind in Dublin, but we live to the east of all the homes in our block. A former neighbor did not want to smoke in her home so she smoked about 20 feet from our windows. The winds would bring her smoke into our home. When we told her there was a problem she said she was within her rights to smoke where she pleased I beg of you, please pass this ordinance so we WIll have some recourse to be able to keep others habit/addiction from invading our home and further damaging my health. We moved to California to be near family, hoping the smoke free public environment would be a benefit, not realizing the much smaller, cramped spaces would add to our stress and health problems." The Council and Staff discussed various scenarios as it pertained to smoking in back or front yards of homes. Staff stressed that the Ordinance would only pertain to tobacco smoke. If someone was taken to Small Claims Court, the plaintiff would have to not only prove that the smoking was a nuisance, but that there were also proven monetary damages. Vm. Oravetz expressed concern that someone could end up in Small Claims Court without even knowing they were causing someone a problem, if that person did not approach them first to resolve the issue. Cm. Zika stated that he was opposed to the Ordinance and read aloud an editorial in the Tri - Valley Herald opposing the Ordinance, which stated that the City Council went out in search of a problem and that the Ordinance was an assault on civil liberties. Mayor Lockhart stated that she supported the Ordinance and read aloud an editorial in the Valley Times supporting the Ordinance, which cited the Surgeon General's report that stated that studies proved that secondhand smoke caused heart disease, lung cancer and other illnesses and thousands of nonsmokers die every year as a result of exposure to secondhand smoke. Vm. Oravetz indicated that he agreed with some of the opinions in both newspaper articles. Although he agreed with the Surgeon General's Report, he expressed concern about invading civil liberties. He agreed that smoking should not be allowed in many VOLlJl\'IE 25 REGULAR lVIEETING August 15, 2006 PAGE 274 public places; however, smokers did not have many places where they could smoke. They should be able to smoke in their own home or backyard. If someone told him that the smoke coming from his backyard was bothering them, he would stop. This was an issue that should not be legislated and he would not support it. Cm. Hildenbrand stated that this was a public health and safety issue. Smoking caused cancer and killed people. If a smoker did not want to smoke in his own home, he should not want his smoke to go into someone else's home. Regarding the Tri-Valley Herald's editorial, she did not go out and look for an issue. She received a newsletter from the Technical Assistance Legal Center with 10 steps on how cities could help protect the health of their citizens. Dublin had already done 9 out of the 10 steps, and this Ordinance was the 10th step. At approximately the same time, she began to hear about Ms. Wassom's troubles. There were not many people in the audience tonight opposing this issue, but she had heard from many people and other agencies that were experiencing the same problems. The Council would be doing the citizens of Dublin justice by protecting them from secondhand smoke. Cm. McCormick agreed, and stated that she was pleased to learn that the Marriot Hotel chain, one of the largest in the world, had gone totally non-smoking. That was a powerful message. This Ordinance would protect the majority from secondhand smoke, especially those in the areas of Dublin living in high density housing. If adopted, Dublin would be only the second city in the State with an Ordinance declaring secondhand smoke a nuisance. On motion of Cm Hildenbrand, seconded by Cm. McCormick and by majority vote (Vm. Oravetz/ Cm. Zika opposed) the City Council waived the reading and introduced the Ordinance declaring secondhand smoke a nuisance. .. RECESS 8:44 p.m. Mayor Lockhart called for a short break. The Council reconvened at 8:53 p.m., with all Councilmembers. .. VOLUl\IE 25 REGULAR lVIEETING August 15, 2006 Pr\GE 275 Public Hearing Adoption of Resolution Approving Temporary Closure of Existing Sidewalk Along Antone Way in Front of the Project Site for John Green Elementary School, Establishment of 4-Way Stop Sign Control at Antone Way/North BridgePOinte Lane, and Installation of Two Marked Crosswalks on Antone Way at North Bridgepointe Lane 8:53 p.m. 6.2 (590-40) Mayor Lockhart opened the public hearing. Senior Civil Engineer Ray Kuzbari presented the Staff Report and advised that Staff was proposing to implement pedestrian safety improvements at the intersection of Antone Way/North Bridgepointe Lane in Dublin, including the installation of 4-way stop sign control and marked crosswalks across Antone Way at this intersection. These improvements were designed to ensure pedestrian safety in the area during and after construction of the John Green Elementary School project. The school site project was bounded by Antone Way to the south, North Bridgepointe Lane to the east, and Ted Fairfield Park to the west. Mayor Lockhart asked if a crossing guard would be present after the school opened. Mr. Kuzbari advised that, with a four-way stop sign, no crossing guard was needed at initial assessment. However, when the school opened in 2007, City Staff would conduct field observations for the first few weeks and complete an assessment. Vm. Zika asked if there was major child traffic on that side of the road on Antone Way. Mr. Kuzbari indicated no. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. VOL1JlVIE 25 REGULAR MEETING August 15, 2006 I.> ,.\. (~" I;' .,.., 'l .I.~. .J'_.J._/~J On motion of Cm. Hildenbrand, seconded by Cm. Zika and by unanimous vote, the Council adopted RES()U'TIC~;\; :'\0. 15G",(h; APPROVING TE1\1POR./\RY CLOSURE OF EXISTING SIDE\VALK ALONG ANTONE "VAY IN FRONT OF THE PROJECT SITE FORJOHN GREEN ELE1\1ENTARY SCHOOL, ESTABLlSH1\:\ENT OF 4- \VA Y STOP SIGN CONTROL AT ANTONE WAY/NORTH BRIDGEl'OINTE LANE, AND INSTALLATION OF T\VO .V1ARIZED CROSS\VALKS ON ANTONE \VAY AT NORTH BRJDGEPOINTE LANE ... Public Hearing Grafton Station Stage 1 Development Plan Amendment, Stage Z Planned Development Rezone, Development Agreement and CEQA Addendum for the Grafton Station Retail Shopping Center 9:01 p.m. 6.3 (450-30/600-60) Mayor Lockhart opened the public hearing. Senior Planner Erica Fraser presented the Staff Report and advised that an amendment to the Stage 1 Development Plan and a Stage 2 Rezone for a 318,000 square foot commercial shopping center known as Grafton Station, including a CEQA Addendum for the Stage 1 Development Plan amendment. The City Council would also review a Development Agreement for a 138,135 square foot Lowe's Home Improvement Store with a 31,659 square foot outdoor garden center; and associated parking, landscaping, and adjacent street improvements. Cm. Zika asked how the proposed 70-foot sign compared to the sign approved for IKEA. Ms. Fraser advised that the IKEA sign was 90 feet; however, it sat in a hole and would not seem that tall. Cm. Zika asked if modifying the Conditional Use Permit would allow parking lot sales as a temporary use. Ms. Fraser advised yes, and that businesses would still need to obtain a Temporary Use Permit and follow all Temporary Use Permit regulations. Ginger Ripplinger, Dublin resident, stated that Lowe's was a much needed resource. VOL1JI\'lE 25 REGULAR MEETING August 15, 2006 PAGE 2ij Bill Schaub, Planning Commission Chair, complimented Staff and the Developer for addressing all of the issues raised by the Commission related to this project. This was a perfect example of when the process was done correctly, with study sessions and a cooperative Applicant. Ron Boggs, Dublin resident, stated he was happy to see Lowe's come to Dublin, as it would bring many jobs. He urged the Council to approve the project. Mayor Lockhart closed the public hearing. Ms. Fraser advised that recycled water would be used in the project landscaping. Cm. McCormick expressed concern about big box stores, but realized that Dublin depended on tax revenues for all the City's amenities. She expressed appreciation for the landscaping plan, which included many trees. Mayor Lockhart stated that the project would set a tone and design level to live up to, and expressed appreciation for the cooperation of the Developers. Residents were being asked to live very near these types of uses, and sensitivity to the needs of residents was necessary . On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 157- 06 APPROVING A CEQA ADDENDU1\1 AND STATE1\1ENT OF OVERRIDING CONSIDERATIONS FORA STAGE] DEVELOP1\1ENT PLAN Ai\;1ENDA1ENT AND STAGE 2 PLANNED DEVELOP1\;lENT REZONE FOR THE GRAFTON ST ATlON SHOPPING CENTER LOCATED AT THE SOUTH\VEST CORNER L)F DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (AFN 985-003G-009) PA 05-03() And waived reading and introduced an Ordinance rezoning the project area and approving an amendment to the Stage 1 Development Plan and approving related Stage 2 Development Plan; and waived reading and introduced an Ordinance approving a Development Agreement with Lowe's HIW, Inc., for a portion of the project site. .. VOLUlVIE 25 REGULAR MEETING August 15, 2006 n ,\",('''''''8 I ['-_, IL j",j ;' , Public Hearing Proposed Public Art Program Ordinance 9:21 p.m. 6.4 (450-20/900-30) Mayor Lockhart opened the public hearing. Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the proposed Ordinance required Applicants for certain development projects to contribute to the Public Art Program by providing a public art piece on-site or making an in-lieu payment for public art. Vm. Oravetz asked if Staff had received any feedback from the development community. Ms. Lowart advised that only one Developer, Braddock & Logan, had expressed opposition to the proposed Ordinance. Mayor Lockhart noted that a Braddock & Logan representative had served on the Taskforce that approved the proposed Ordinance. Ginger Ripplinger, Dublin resident, stated that public art was important and added flavor to the City. She supported the proposed Ordinance. Ron Boggs, Dublin resident, supported the program, but expressed concern for the lack of performing arts venues. An outdoor amphitheater at City Hall would be unique to the area. Mayor Lockhart closed the public hearing. Cm. McCormick asked if it would be possible to add performing arts to the in lieu fees list. Assistant City Attorney John Bakker advised that the theory behind receipt of funds was that the Developer would provide funds in lieu of a public art piece on site, so it would be difficult to justify spending the money on anything but public art. Performing arts might not be conceived of as on-site public art. Cm. McCormick stated that this Ordinance was a long time in coming, and thanked the City Manager, Parks & Community Services Director and Staff for their hard work to \'OLlJ1VIE 25 REGULAR 1\rlEETING August 15, 2006 PAGE~79 bring this program before the Council. This program was very important to her, and the establishment of a permanent fund was crucial. Mayor Lockhart commented that performing arts could be a commitment taken on by the City through another venue. The Public Art Master Plan not only benefited the residents, but the businesses, as well. As it added value to the investment. Cm. Hildenbrand indicated that the City had previous discussions with the School District about a performing arts venue in the future. It was very important that the City's citizens have exposure to public art, and that would occur through this program. Vm. Oravetz indicated that the City of Livermore was opening a performing arts center, but there was debate whether it was financially feasible. It might be a good idea to wait to see how Livermore's center worked out before pursuing one in Dublin. Cm. Zika indicated that he agreed that it would be beneficial to work with the School District for a theater and have public performances there. On motion of Cm. McCormick, seconded by Cm. Zika and by unanimous vote, the City Council waived the reading and introduced the Ordinance adding Chapter 8.58 and Amending Chapter 8.104.070 of the Dublin Municipal Code (Zoning Ordinance) relating to the Public Art Program. . UNFINISHED BUSINESS Award of Bid, Contract No. 06-07, Dougherty Hills Park - Dog Park 9:36 p.m. 7.1 (600-35) Parks & Facilities Department Coordinator Rosemary Alex presented the Staff Report and advised that, as approved in the FY 2004-2009 Capital Improvement Program, the construction of the Dougherty Hills Park - Dog Park was scheduled to commence in FY 2006-2007. Staff was requesting that the Council determine its preferred bid option and adopt a Resolution awarding the base bid and alternates, as appropriate, to Robert A. Bothman, Inc. The Council discussed the various options and agreed that it wanted both alternates, which included the agility course and sod, so Option #4 would be appropriate. VOLUlVIE 25 REGULAR MEETING August 15, 2006 PAGE 180 On motion of Vm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted RESL'LtT'rIC':'\ :'\0. 158-(1(; A \\lARDING CONTRACT NO. 06-07, DOUGHERTY HILLS DOG PARK -- DOG PARK, TO ROBERT A. BOTHMAN, INC. with both alternates (Option #4), and approved a Budget Change in the amount of $18,531. .. Adoption of the National Incident Management System (NIMS) 9:39 p.m. 7.2 (520-30) Administrative Analyst Roger Bradley presented the Staff Report and advised that the Council would consider adopting NIMS, to the extent appropriate, into the City's emergency management system. On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanimous vote, the City Council adopted RESOUJTION NO. 1 SO~-OG A DOFTlNG THE NATIONAL INCIDENT MANAGE1\1ENT SYSTEl\1 (NIMS) .. NEW BUSINESS UIferts Public Art 9:41 p.m. 8.1 (900-50) John Hartnett presented the Staff Report and advised that the City Council would consider a proposal for a public art piece by artist Aries Lee to be installed at the grand entrance of the new Ulferts Center, which was located on Dublin Boulevard between Hacienda Drive and Tassajara Road. Mayor Lockhart stated the artwork was delightful and would be a nice addition to the shopping center. "\ _'~,?: -0, VOLUME 25 REGlJLAR lVIEETING August 15, 2006 PAGE 281 Cm. McCormick stated that this particular piece of art gave her great pleasure to look at. Public art should invoke feeling, and this piece of art was very creative. The Council concurred. On motion of Cm. Hildenbrand, seconded by Cm Zika and by unanimous vote, the City Council approved the proposed artwork. .. Status Report Regarding Kinder-Morgan Energy Partners Petroleum Products Pipeline 9:48 p.m. 8.2 (850-40) Public Works Director Melissa Morton presented the Staff Report and provided a summary of the recent Kinder-Morgan Energy Partners (KMEP) petroleum products pipeline leak, the current status of the site cleanup, ongoing procedures used by KMEP in order to prevent and detect leaks in their pipeline system, and further action needed. Vm. Oravetz asked what work was currently being done on the trail. City Engineer Mark, Lander advised that the water line replacement would occur through the end of the month. Public Works Director Melissa Morton advised that remediation would take another couple of months. The Council and Staff engaged in a question and answer session regarding the pipeline leak and remediation measures. Kinder Morgan was on site immediately after initial contact, and Fire Services assured that there was no danger to public at any time. The leak was so small to be almost undetectable. All necessary agencies were included in the assessment and remediation plan. The Council thanked Staff for the report. .. ornER 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) 9:59 p.m. VOL {TJ\IE 25 REGULAR l\1EETING August 15, 2006 0.,"( 'I;' 101 J ,;".J .,i _(}_ City Manager Ambrose advised that a Tri - Valley Council meeting would be held on September 28th, and asked the Council to forward potential agenda items to him. Dublin will be the host City. Cm. McCormick advised that the Alameda County Recycling Board had heard a presentation from the City of Berkeley, who is trying for zero waste. Cm. Hildenbrand advised that she had attended the Dublin Historical Preservation Association's (DHP A) gala dinner for the grand opening of the Old Murray Schoolhouse Exhibit on Friday, August 4th. Cm. McCormick advised that she had attended the DHPA dinner, as well. Vm. Oravetz advised that he had attended a Livermore-Amador Valley Transit Authority meeting, at which time the Board moved closed to acquiring property near the Airport for a future bus maintenance facility. Mayor Lockhart advised that she had also attended the DHPA gala, as well as the Saturday grand opening of the museum for the public. Staff was to be commended for the excellent event. She also attended many different activities over the past two weeks, including welcoming returning soldiers at Camp Parks, participating in a radio program to talk about affordable housing, testifying in Sacramento at the High Speed Rail Alignment Committee meeting to reinforce the recommendation not to include 1-580 from Dublin to Bay Fair as part of the High Speed Rail System, which would remove BART in between those areas. She attended a Fuel Cell Power Plant dedication at Santa Rita Jail, which provided energy efficient alternatives. Lastly, she met with Raven Delk, the 10-year old Little Miss California of the East Bay, who was traveling to Orlando, Florida to participate in an academic pageant. She invited Miss Delk to participate in the Day on the Glen festivities in some manner. .. M!JOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:08 p.m. Mayor ATTEST: City Clerk .~. , ..... ,: VOLOlVlE 25 REGULAR l\1EETING August 15, 2006 P.\G E 283