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HomeMy WebLinkAboutItem 4.01 Draft CC 08-05-2003 MinRE6ULAR I~I. EETIN~ ~ A-U~UST 5, 2003 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. ANTICIPATED Um'gation - Initiation of litigation pursuant to Government Code Section 54956.9, subdivision (c): TWO potential cases 2. EXISTING Litigation - Government Code Section 54956.9, subdivision (a) - Name of case: McKaskey, et al. v. City of Dublin, et al. Alameda Superior Court No. VG030853429 3. Conference with Legal Counsel- ANTICIPATED Litigation- Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3) (C): May 17, 2003 letter from David A.and Terry M' Davis A regular meeting of the Dublin City Council was held on Tuesday, August 5, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:15 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Sbranti, Zika and Mayor Lockhart. Councilmember Oravetz. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION AC~ON Mayor Lockhart advised that there was no reportable action. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 498 MOTION TO ADD ITEM TO THE AGENDA 7:16 p.m. Mayor Ix~ckhart read a statement: "I have been informed by the City Manager that the City received a request from the City of Pleasanton and "Operation: Welcome Home!" for the Council to consider a funding request for a P.A. system for the Welcome Home event scheduled for August 16, 2003. The request was received after the agenda was posted and the event will occur before our next meeting. I therefore move per Government Code Section 54954.260)(2) that we add Item 7.3 to the agenda, entitled "Request for Additional Funds for August 16, 2003, Operation: Welcome Home! Event"; that we find there is a need to take immediate action because of the date of the event; and that the request was made after the agenda was posted. Vm. McCormick seconded the motion and by unanimous vote (Cm. Oravetz absen0, the Council agreed to add Item 7.3 to the agenda. PRESENTATION BY PARKS RFTA REGARDING COMMAND CHANGES AND FUTURE PLANS FOR THE INSTALLATION 7:17 p.m. 3.1 (420-50) Lieutenant Colonel James Doty stated he was pleased to be here. Escaping the Pentagon after 3 years to be a field commander and to come to a beautiful city like Dublin is an added bonus. He has been in the Army for 25 years. In June 2003, he assumed command of Patios RFrA, as well as the command of Fort Hunter Liggett, Moffett housing and BT Collins housing in Sacramento. Camp Parks will serve as the headquarters of his overall command. Lt. Col. Dory stated this is a learning experience for them. Camp Parks has been in our neighborhood for over 60 years. They do many things with the community. They have 2,700 acres which is an asset to the folks in Dublin. They are also becoming the almost exclusive home to threatened wildlife species. The big thing that Camp Parks provides is weekend training for 15,000 reservists. U S Army Garrison West Coast was formed in June. They have tried to leverage the specific strengths of the various facilities and do heavy maneuver training. They have made a decision to go back to the name of Camp Parks Training Center. They are in a terrible fiscal situation as most of their facilities cITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 499 were built during the Korean War. They don't fit the requirements for today's type of training. They are reluctantly discussing the possibility of 187 acres exchange in an attempt to try and obtain fun~ to rebuild the estimated $300 million building requirements on Camp Parks. This represents 3 years of building. They will work with the Staubach Company to execute a master plan. They invited the City Council to come to Camp Parks and they will show what they plan to do on their property. They will do a EIR study even though they could probably get by with an environmental assessment. He looks forward to working with the City. He looked at our budget and it looks like we have a sound fiscal policy and this is a compliment to this City Council and the City. Cm. Sbranti asked about the timetable for the land exchange. Lt. Col. Doty stated the EIR will determine this. There will be a request for proposals, which will go through the Army Corps of Engineers. They have been studying the Dublin Transit Center and hope to have phase 1 of the traffic study within 4 to 6 weeks and will then see where they go from there. The real estate market would factor ~ also. They would not give the property until the developer built facilities on their property. A real property exchange provides the engine for them to get the work done in a shortened timeframe. Mayor Lockhart asked Lt. Col. D°ty about his thoughts regarding a request from the City of Mountain View related to a potential move of Moffett Field. We are being asked to support their effort to keep it. Any insight? Lt. Col. Doty stated installation management has been made a business. NASA operates most of the base operations and they are prohibited from owning real property. The Major operating Moffett felt this was a ploy to get more attractive base operation rates. We are looking at how they can reduce their dependence on NASA and it is felt they are charging too much. Mayor Lockhart asked if he had an opinion on whether it should stay or go to Atwater. There is concern that ff they move, the Bay Area would be more vulnerable to possible attacks. Lt. Col. Dory said he did not know that we will be any safer. The prime target in the Bay Area is the Golden Gate Bridge. Mayor Lockhart commented on the new housing will be added at Camp Parks. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 500 Lt. Col. Dory spoke of the public to private venture partner with residential communities initiative and stated because of high cost of housing and rental rates, they are trying to build housing at Moffett and at Camp Parks. They want to build 600 at Moffett and 114 units at Camp Parks and make these consistent with private development and make them available to the public at market rate if they don't fill them with military personnel. They want the design to be consistent with the requirements of the communities in which they are located. 250 to 300 students would ~ brought into the area. They hope to break ground in the next 6 to 8 months. They have some beautiful artist renderings on these places. This will be quality housing. Mayor Ix~clchart advised that the historical group is very interested in the commander's house. Lt. Co1. Doty stated he felt this would be great to preserve. The 91 ~t Division has asked them to come up with a museum for them. Cm. Zika asked about the crew that is proposing to move from Moffett Field and if this is a fixed wing group. Lt. Col. Doty stated he did not know the specifics. He will be meeting next week to discuss Moffett. ,PUBLIC ART PRESENTATION 7:44 p.m. 3.2 (900~30) Heritage & Cultural Arts Supervisor Theresa Yvonne advised that the creation of a Public Art Master Plan for the City of Dublin was given a high priority by the City Council. As a result, the City contracted with Wright Consulting to create a Public Art Master Hah for Dublin. Ms. Yvonne introduced Virginia Wright and Jerry Mien, who have facilitated the development of dozens of community and pubhc art plans for cities nationwide. Ms. Wright and Mr. Mien briefed the City Council on their planning process and did a slide presentation demonstrating ways public art programs can enhance the urban landscape. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 501 Cm. Sbranti commented on some of the examples and asked how they envision interfacing with some of the private entities and then getting those entities to support the effort. Mr. Allen stated they will do an outline; there are about 25 cities in CA that do require 2% for public art. He thinks many of the developments in this community are very high quality and there is a real opportunity for public art to give a sense of individuality. They will propose standards. He also suggested we offer a developer an in-lieu option. Cm. Sbranti commented he liked it that the library task force went out and talked to people and incorporated comments and ideas. Mr. Allen stated their job is to listen to people and in some respects hold up a mirror to the community. YOUTH ADVISORY COMMITITEE (YAC) .APPO!NTME~S 8:19 p.m. 3.3 (110-30) Parks & Community Services Director Diane Lowart presented the Staff Report. Fifteen applications were received for the YAC for the term of September 2003 through August 2004. Thirteen applications were received for the youth member positions and two applications for the adult at-large member. One of the youth does not reside in Dublin and is therefore, not eligible to serve on the YAC, but could serve on sub- committees. The Mayor recommended the appointment of the remaining 12 youth representing both the Ivtiddle School age group and the High School age group as follows: Colin Champlin, Gabby Pasara, Brandon Chapin, Andrew Sevilla, Malinda Barrett, David Edward, Vivian Lau, Amit Pande, Erik Smith, Curtis Champlin, Sarah Pan, Kimberly Chan, and Liana Smith to the adult at-large community member. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote (Cm. Oravetz absent), the Council confirmed the Mayor's appointments to the YAC. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 502 APPOINTMENTS TO THE PUBLIC ART TASK FORCE - PUBHC ART MASTER PLAN PROJECT 8:21 p.m. 3.4 (110-30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. The Mayor has made appointments to the Public Art Task Force. This 9 member committee will be made up of representatives from the community at-large, artists, development community, Heritage & Cultural Arts Commissioner, Dublin Fine Arts Foundation, and a member of the City Council. The recommended appointments included: Community Members at Large - Janet Fasulkey and Robert Warren; Artists - Judy Chamberlin and Michael Thornton; Development Community - Michael Banducci, Smart Cook and Kathy Kenna; Heritage & Cultural Arts Commission -Judy Lussie; Dublin Fine Arts Foundation - Georgean Vonheeder-Leopold; and City Council - Claudia McCormick. Cm. Sbranti asked about the Chamber of Commerce. Mayor Lockhart stated they would be represented by the business community. Ms. Yvonne stated we can encourage them to come to the community meeting. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote (Cm. Oravetz absent), the Council confirmed the Mayor's appointments to the Public Art Task Force for the Public Art Master Plan Project. 8:23 p.m. John T. Collins, Sr., Allegheny Drive, referenced an attachment to Item 6.3, Page 408 excerpt of the minutes of the June 17, 2003 city Council meeting. He stated he is quoted and quoted incorrectly. The issue does not address the safety of streets. This makes him sound like an illiterate rebel rouser. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 503 CONSENT CALENDAR 8:25 p.m. Items 4.1 through 4.14 On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote (Cm. Oravetz absent), thc Council took the following actions: Approved (4.1) Minutes of Special Meeting of July9m and Regular Meeting of July 15, 2003; Granted (4.2 120-10) use of the City Seal to LAVTA for the Short Range Transit Plan; Approved (4.3 600-35) Contract 03-06 Change Order No. 1 (,aw_nv. al Street Overlay Project); accepted improvements; and authorized release of $46,165 retention to Top Grade Construction, Inc., after 35 days ff there are no subcontractor claims; Approved (4.4 600-35) Change Order No. 23 for Contract 01 - 12 (I-580/Tassajara Road Interchange Improvement Project); Adopted (4.5 600-60) RESOLUTION NO. 158- 03 ACCEPTANCE OF IMPROVEMENTS FOR AMADOR VALLEY BOULEVARD (ARMSTRONG GARDEN CENTERS, INC.) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.6 600-35) RESOLUTION NO. 159- 03 AWARDING CONTRACT NO. 03,14 2003~34 ANNUAL SLURRY SEAL PROGRAM TO AMERICAN ASPHALT REPAIR & RESURFACING CO., INC. ($128,182.48) CITY cOUNciL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 504 Adopted (4.7 700-20) RESOLUTION NO. 160- 03 AMENDING THE CLASSIFICATION,PLAN (PUBLIC WORKS DIRECTO'R/ASSISTANT CITY ENGINEER) and RESOLUTION NO. 161- 03 AMENDING THE SALARY PLAN (PUBLIC WORKS DIRECTOR/ASSISTANT CITY ENGINEER) a~d RESOLUTION NO. 162- 03 AMENDING THE BENEFIT PLAN (PUBLIC WORKS DIRECTOR/ASSISTANT CITY ENGINEER) and RESOLUTION NO. 163- 03 AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION (PUBLIC WORKS DIRECTOR/ASSISTANT CITY ENGINEER) Adopted (4,8 $50~20) RESOLUTION NO. 164- 03 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE THREE (3) POLICE PATROL VEHICLES DIRECTLY FROM DEALER Adopted (4.9 600-$0) RESOLUTION NO. 165- 03 APPROVING UTILITY RELOCATION AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY (PG&E) FOR THE RELOCATION OF UNDERGROUND ELECTRIC FACILITIES LOCATED,WITHIN THE i-580/SAN RAMON ROAD INTERCHANGE PROJECT LIMITS CITY COI~SNcIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 505 Adopted (4.10 600~60) RESOLUTION NO. 166- 03 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 5926 (CALIFORNIA HIGHLANDS), APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES, AND APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT TO PROVIDE SECURI~ AND RIGHT~F,ENTR¥ FOR INSTALLATION OF DRAINAGE IMPROVEMENTS Adopted (4.11 600-30) RESOLUTION NO. 167- 03 APPROVING AGREEMENT WITH S&C ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT SERVlCESFOR THE 1-580/SAN R~4MON .ROAD INTERCHANGE IMPROVEMENT PROJECT Adopted (4.12 600-60) RESOLUTION NO. 168- 03 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT AND ACCEPTING ROUGH GRADING, STREET IMPROVEMENTS, AND TRAFFIC SIGNALS FOR TRACT 7148, DUBLIN RANCH, AREAS F, G & H (TOLL-DUBLIN, LLC) AND APPROVING REGULATORY TRAFFIC DEVICES Authorized (4. I 3 600-40) the Mayor to execute an Agreement with Alameda County for 2003~04 Library Services; Approved (4.14 300-40) the Warrant Register in the amount of $3,701,911.07. CITY ~0UNciL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 506 CONSIDERATION OF REQUEST BY CITY OF MOUNTAIN VIEW TO OPPOSE THE RELOCATION OF THE CALIFORNIA AIR NATION~ GU~ !29TH ~SqUE ~NG I~,OM MOFFE1T FEDERAL AIRI~IELD TO, CASTL, E, ,AIRPORT,IN ATWATE~ CALIFO~ 8:25p.m. 5.1 (42o~so) Mayor Lockhart has requested that the City Council consider and discuss a request from the City of Mountain View to oppose the relocation of the California Air National Guard 129th Rescue Wing from Moffett Federal Airfield to Castle Airport in Atwater, California. Cm. Zika stated/vloffett field has the largest commissary exchange in the Bay Area. Castle is already closed, so why reopen it? Cm. Sbranti pointed out the entire Bay Area has already signed onto this. We could need help in the future with our own base, so we should be supportive of this. On motion of Cm. Zika, seconded by Cm. McCormicl% and by unanimous vote' (Cm. Oravetz absent), the Council agreed to support the City of Mountain View in opposing the relocation of the California Air National Guard 1 gOth Rescue Wing from Moffett Field. PUBHC HEAR&NG - TRACT 4 719 LANDSCAPING & LIGHTING DISTRICT NO. 83-2, STAGECOACH ROAD 8:28 p.m. 6.1 (360-20) Mayor Lockhart opened the public hearing. Administrative Analyst II Ginger Russell presented the Staff Report. This District funds the cost of landscape maintenance and utilities for street side landscaping along Stagecoach Road and the interior slopes of Dublin Hills Estates. This item is the annual public hearing which must be held prior to levy of assessments. A 10% increase in assessment is proposed for FY 2003~04, along with the addition of an escalation clause which will allow assessments to increase in .future years according to the Consumer Price Index and the actual cost of utilities. As required by State CITY COuNciL MiNuTes VOLUME 22 REGULAR MEETING August 5~ 2003 PAGE 507 Proposition 218, ballots mailed to property owners in this District will be counted and the results announced at the City Council meeting. We have had about 80 of 150 ballots returned. Property owners may submit ballots tonight or change their vote before the close of the public hearing. The ballots will be taken into the Regional Meeting Room for tabulation and any interested parties may observe tabulation of the ballots. After tabulation, the ballots and results will be returned to the City Clerk, who will announce the result of the vote. Based on the result of the vote, the City Council will adopt the appropriate Resolution. If the vote is negative and the increase is denied, the City Council will adopt a Resolution approving lewy of assessment at the 2002~03 rate. Al Hunter, Jade Circle stated he voted against this. He voted for a major increase 7 or 8 years ago. He was an advocate of going to a drip system. They were told that a major cost is for the water. Today most of the vegetation is back, but there is still problems up there. He is not against this because of the 10% increase; he would have even supported 30% ff it would fix the problems. Nothing in the report says what we are going to do to improve this and fix the problems. Putting automatic increases in based on the CPi is a cop out. He would rather have us come to the people each tLme. He stated the ballot does not agree with the Staff Report. He asked that the City reconsider automatic increases. Garth Gelster stated he has been involved with this assessment district as long as it has been in place. He too is highly concerned about the problems we have had. Recently they have been meeting with the City to try and address some of these issues. He currently believes they have made some reasonable progress in addressing some of the issues and felt we need the increase. He stated he is also concerned about automatic increases. The cost to bring this before the owners/voters is fairly large; it is about half of the cost of the increase. He supports the increase and looks forward to continuing to work to solve the issues in the assessment district. Ms. Russell referenced the method of a.t~ortionment and discusso~l the calculation of assessment. City Manager Ambrose stated information which does discuss increase in water rates was provided in the newsletter which was included in the packet sent with the ballots. Vm. McCormick asked if it will fund additional fertilization and new plant material? CITY COUNCIL MINUTES VOLIJWIE 22 REGULAR MEETING August 5~ 2003 PAGE 508 Ms. Russell replied this is correct. We will do the best we can with the funds we receive. The fertilization will use part of it and additional plant material. We will continue to have additional funds to improve it in ongoing years. Some of the problems are inherent with the project. It was originally designed to be a natural grass and wildflower planting, so irrigation was designed for this and not a full landscaped slope like we have now. Mr. Ambrose advised that the City Council policy for a number of years was to freeze the assessments. Revenues have not kept up with costs to maintain the facilities. This is a very large landscaped area with a relatively few number of property owners. The residents were not happy with the original design and we have tried over the years to have a more manicured type of landscape. Cm. Sbranti asked if the property owners in the assessment district were given an itemized list of how the money was spent and where the increase would go? Ms. Russell stated this is always available and anyone who wants a copy of the budget or engineer's report can obtain it. In addition, we held an informational meeting but there wasn't much attendance at that. Mr. Ambrose stated we have tried to keep the costs within the amount available, so less work has been done. Mayor Lockhart closed the public hearing at 8:47 p.m. 9:14 p.m. City Clerk Kay KeCk announced the results of the tabulation of ballots. The value of the YES votes was $31,829.77 (76%), and the value of the NO votes was $9,810.45 (24%). The increased assessment passed. The Council commented on the fact that more of the single family homes voted against than for the increase (33 yes to 39 no). Cm. Zika stated maybe we are not serving the homeowners as well as we could. Staff should do an assessment and come back with what we might need to do. On motion of Cm. McCormick, sec, Oravetz absent), the Council adopt~ ,nded by Cm. Sbranti, and by unanimous vote (Cm. :d CIT~ COUNCIL MINUTES / VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 509 RESOLUTION NO. 169- 03 DECLARING THE RESULTS OF AN ASSESSMENT,BALLOT PROCEEDING AND APPROVING CERTAIN ACTIONS APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT LANDSCAPING & LIGHTING DISTRICT NO. 83-2 TRACT 4719 - STAGECOACH ROAD PUBLIC HEARING IMPLEMENTATION OF TRAFFIC/PARKING REGULATION AND WARNING MEASURES FOR CIVIC PLAZA AND THE CIVIC CENTER PARKING LOT 8:48 p.m. 6.2 (590-20/570-20) Mayor Lockhart opened the public hearing. Senior Civil Engineer Ray Kuzbari presented the Staff Report. The Civic Center parking lot was modified to provide for access to the library site, and traffic has increased since the opening of the library. Various regulatory and warning measures are now recommended to improve safety on Civic Plaza and within the parking lot. The recommended improvements include establishing a 20 mph speed limit on Civic Plaza and a 10 mph speed limit within the parking lot, as well as providing stop and yield signs, additional fire lane markings and crosswalk striping. The estimated cost of installing the proposed striping, signing and red curbing improvements is $3,500. Sufficient funds are included in the Street Maintenance Operating budget to cover this cost. City Manager Ambrose stated we have historically had a parking lot dead end, but this is not the case with the library. We're having some near misses and before we have an accident, we felt we needed to take some action. Mayor Lock&art stated she felt some people aren't seeing the directional sign for the library. Maybe we could look at a better directional sign. Mayor Lockhart asked aboUt the use of speed bumps. CITY COUNCIL MINUTES ""'"' VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 510 Mr. Kuzbari stated they are always of concern regarding ease of access for emergency vehicles. There are also other significant drawbacks. Vm. McCormick suggested instead of painting white lines, there are some really cool fights out there that could be used. Mayor Lockhart stated she felt a lot more traffic would be needed to warrant those. Mr. Kuzbari stated pedestrians would have to push a button and then wait to make sure there are no oncoming cars. Mayor Lockhart stated her biggest concern is actually the MCE trucks and police cars that park right in front of the Civic Center in the no parking area. Mr. Ambrose stated Staff will look at the types of vehicles that stop there. Cm. Sbranti commented he liked the signage related to speed limits and a better delineation of where the hbrary is. The City Council requested that we put in the pedestrian crossing signs without the white lines. John T. Collins, Sr. asked about having double lines right in front, and if you can make a legal left turn into a parking spot without breaking the law. Richard Guarienti, Rhoda Avenue, stated this has been a sense of con0asion for new library users. Some ldnd of a sign on the right side would be good. There is also confusion on the south side of the library at the book drop. Maybe the identification of the circle will make it clearer. Some signage that points to the exit is needed. He agreed we don't need both pedestrian crossing signs and paint. He suggested maybe a different color for the sidewalk area for pedestrians. Mr. Ambrose pointed out that the sidewalk area is actually a different color now. Garth Gelster stated he goes to the libra~g about 3 times a week. He was not sure he is fond of the 10 mph as this seems excessively slow. His biggest concern is as you come out and turn right on Civic Plaza with people coming in and cutting that corner. This intersection needs to be less severe. Mayor !~. khart closed the public hearing. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5~ 2003 PAGE 511 Cm. Sbranti asked if we had considered putting in a stop before turning left into the library? Staff felt this may cause a backup. On motion of Cm. Zika, seconded by Vm. McCormick, and by unanimous vote (Cm. Oravetz absen0, the Council (with direction to take out the white lines in the walkway and add directional signage for the library) adopted RESOLUTION NO. 170- 03 APPROVING IMPLEMENTATION OF TRAFFIC/PARKING REGULATION AND WARNING MEASURES ON CIVIC PLAZA AND IN THE CIVIC CENTER PARKING LOT PUBLIC HEARING - ORDINANCE REPEALING AND REPLACING SECTION 6.04.450 REGARDING ON-STREET STORAGE OF VEHICLES AND REPEAL AND REPLACEMENT OF OTHER AFFECTED SECTIONS OF THE DUBLIN MUNICIPAL CODE (DMC) 9:17 p.m. 6.:5 (570-20) Mayor Lockhart opened the public hearing. The Staff Report, which 'was prepared by Joni Pattillo, Assistant City Manager, Lt. Glenn Moon, Dublin Police Services, and Marnie Waffle~ Assistant Planner, was presented by Ms. Pattillo. Proposed changes to the DMC will restrict the parking and/or storage of certain commercial vehicles, oversized motor vehicles, and non-motorized vehicles on the public street. The cost estimate to implement the proposed Ordinance is $2,000, which would pay for the new street signs and their installation and printing costs associated with the educational brochure. Staff time associated with implementing the Ordinance is not known at this time. On June 17, 2003, the City Council directed Staff to proceed with the recommendation of the Oversized Vehicle Committee (OVC) to adopt a new Ordinance restricting the parking and/or storage of certain commercial vehicles, oversized motor vehicles and non-motorized vehicles. The Council also expressed interest in developing a public education campaign ff the proposed Ordinance is adopted, and developing operating procedures for the issuance of a 24~hour resident permit and a 5~day visitor permit. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5~ 2003 PAGE 512 The proposed Ordinance would repeal in its entirety Dublin Municipal Code (DMC) Section 6.04.450, On~Street Vehicle Storage Prohibited and replace it with Section 6.04.450, Use of Streets for Parking and/or Storage of Certain Vehicles Prohibited. The current Ordinance states, "No vehicle shall be parked or left stand'rog on a street for 72 or more consecutive hours." This regulation prevents on~street storage of vehicles for more than 72 hours and provides a mechanism for Police Services to tow abandoned vehicles. This regulation is being retained in the new Ordir~nce to regulate on~street storage of vehicles that do not fall within the new defmition of being oversized. Additional regulations within the new Ordinance would further restrict certain commercial vehicles, oversized motor vehicles and non-motorized vehicles from being parked and/or stored on the street for more than 48 hours. One Z4~hour extension permit could be ol~ined from Police Services allowing an oversized vehicle to be parked on the street for a total of 72 hours. The new Ordinance would also restrict certain motorized or non-motorized vehicles from being parked within 45 feet of an intersection. Staff prepared a Public Hearing Notice to inform the public and other interested parties that the City Council would be considering this Ordinance. The Notice was published in the local newspaper, with a larger advertisement than is typically used for Public Hearings, and was posted in various locations throughout the City, including the Civic Center, the Library, Shannon Center and Senior Center. Information regarding the proposed Ordinance was also posted on the City's website. In addition, Notices were mailed to residents who previously expressed interest in this item and whose names and addresses were made available to Staff. Staff also notified Dublin based E1 Monte RV and Dan Gamal's Dublin RV Center, the Dublin Chamber of Commerce, and ali Dublin based storage facilities that were known to Staff to offer storage for vehicles. The public education campaign was discussed, as well as operating procedures for issuance of permits. A letter was received from E1 Monte RV. They have a drop off for customers at night. Staff came up with language to add as an exception to the oversized vehicle ordinance. It is designed to capture only those businesses that either repair or rent RVs. It should be placed as 6.04.450(d)(5) and would read: "In commercial districts, oversized motor vehicles may be parked for a period not to exceed 24 hours on the right of way fronting a business engaged in selling, repairing or renting oversized motor vehicles for repair or return." The emergency clause -would move to #6" VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 513 Cm. Sbranti commented on the 72 hour maximum and if they then move it to their own private property, they would also need to be in compliance with the regulations for off~ street. Ms. Pattillo stated yes, this is correct. Vm. McCormick discussed citing for violations if a complaint has been filed. If they- are in their norraal course of duties and they see something illegal, does this mean they won't cite? Ms. Fatt:dlo stated when there is blatant disregard or safety issues, the Police Department would enforce this. It is primarily COmplaint driven but ff they see this they will cite. Mayor Lockhart thanked the task force members for their time and efforts and for · working together and working out the various issues. John T. Collins, Sr., stated the unclerstanding as to why you are doing this was supposed to be safety. He stated he presented each member of the Council with a large thing from the national traffic safety board which says it is much more safe to have it in there than to remove it. Someone said this is more liberal but the pro and con arguments regarding the very ignored alternative 4, to leave the law the way it is, you wouldn't have to add these things. He identified alternatives and the cons. He stated he was quoting staff and got misquoted a couple of meetings ago. He asked the committee and 4 of them said there were safety issues and he was told it would be too hbor intensive to look at this. The problem with the 7Z hours is the need to keep his very expensive thing close to his home. He can move away and back. He stated he believes the law is discriminatory. Are you more interested in safety or ugly? It might be an ex post facto law as he was legal originally. Consider his RV as folk art, not a big ugly thing. Don Price, El Monte stated most of their customers are European. Occasionally they drop it off sometime after 7 p.m., and then leave it. The following morning, they bring them in and check them. There may be one or two a week. it would certainly be a hindrance to them if this option is not open to them. Mayor lx~ckhart closed the public hearing. Mayor Lockhart asked with police officers being involved, how does code enforcement interface with this? CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 514 Ms. Pattillo explained that Code Enforcement would work in partnership with the Police Department to educate the public and advise people that the law has changed. Mayor Iz~ck.hart stated she received an e~mail from Yvonne Nichols that she fully supports the Ordinance, as do several of her neighbors. She couldn't attend this evening as she was at the Neighborhood Watch event tonight. 'gm. McCormick asked if there is an appeal process? Ms. Pattillo stated the process proposed gives a lot of flexibility. The S-day visitor issue was put in by the committee. The intent of the 24 extension was to allow in case something happens. She discussed the complaint process and stated we wanted to make sure there was flexibility. Chief Thuman spoke on the appeal process. Currently we do have an appeal process for parking citations, and if this is something the City Council would like to see as part of this Ordinance, we could add something into it. Mr. Ambrose stated the initial appeal goes to the Administrative Sergeant and then Mr. Devane is our hearing officer for parking citations. Cm. Sbranti stated he felt there is a lot of flexibility built in and we are also working on accommodating them with on~site parking. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote (Cm. Oravetz absent), the Council waived the reading and with additions as discussed, INTRODUCED the Ordinance. PUBLIC HEAI~qG FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY, APPROVAL OF A JOINT EXERCISE OF POWERS AGREEMENT AND ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE CAL~WOgaNqA STATEWIDE COMMUNIT'W~5 DEVEI3DPMENT AUTHO~ (CSCDA) AND APPROVING 3d~ AGREEMENT WlTH CSG ADVISORS ~):41 p.m. 6.4 (600~$0) Mayor Lockhart opened the public hearing. Housing Specialist Julia Abdala presented the Staff Report. This item is for the City Council to decide whether the City of Dublin will join the California Statewide CommupAties Development Authority (CSCDA) for the purposes of , , ~,~ ,~ , ~ , ,~ ,, ,~ ~ ~ ,,,, , .... ~ ,, ,, ',, ,' ,[~ , .... ,' 'I" ~i , ........ CiTY cOUNciL MINUTES ........ ' VOLUME 22 REGULAR MEETING August 5~ 2003 PAGE 515 the Issuance of Multi-Family Housing Revenue Bonds to provide financing for the construction of two of the three Fairway Ranch projects in Dublin Ranch. C$CDA is a joint powers authority with membership throughout California; 240 cities throughout California maintain membership in this Authority from small Central Valley cities to large Northern and Southern California cities. The Authority was created for the purpose of issuing private activity bonds for various public purposes, including the acquisition, construction or rehabilitation of love-income housing by private and non~ profit developers. A public hearing known as a TEFRA hearing must be held per the 1982 Tax Equity and Fiscal Responsibility Act. The hearing provides City Council approval of CSCDA issuing bonds to finance Fah~-~ray Ranch. The proceeds of the bonds will provide development and construction funds for the developer at a lower cost than funds borrowed in a conventional bank loan. Notice of the TEFRA hearing has been published in a local newspaper of general circulation, as required, 14 days prior to the public hearing. The City Council will also decide whether the City of Dublin will enter into a contract 'arith CSG Advisors to serve as the Bond Financial Advisor representing the City for the mentioned bond issuance. Neither the TEFRA hearing, nor the membership in CSCDA commit the City of Dublin to any amount of financing. Membership in C$CDA is a Joint Exercise of Powers Agreement and there is no cost to join. The Agreement with CSG Advisors for bond finance advisory services may cost up to $100,000 depending on the complexity of the procedures, which are still not known, however under no circumstances shall total compensation exceed $100,000. The funding for this agreement will come from the proceeds of the Multi-family Housing Revenue bonds that will be issued, not from the City of Dublin. The fees being charged for financial advisory services are within the industry standards. In summary, Fairway Ranch developers have now applied for tax~exempt bonds to finance the first two affordable projects, the Dublin Ranch Senior Housing and Fairway Family Apartments. In order to have the bonds issued, the City of Dublin must join the JPA that would issue the bonds, the C$CDA, and conduct a TEFRA hearing. Additionally, CSG Advisors would represent the City of Dublin's interests ff the City Council approves the agreement. No testimony was entered by any member of the public relative to this issue. . .M~.yor..~Lockhart closed the public hearing. CITY COUNCIL MINTITES VOLUME 22 REGULAR MEETING August 5~ 2003 PAGE 516 Mayor Lockhart thanked staff for doing such a fine job working on this development project. She is very proud of the product produced. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote (Cm. Oravetz absent), the Council adopted RESOLUTION NO. 171 -03 APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY and RESOLUTION NO. 172 - 03 APPROVING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS FOR AFFORDABLE APARTMENTS. BY ~HE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORI~: and RESOLUTION NO. 173- 03 APPROVING AN AGREEMENT WITH CSG ADVISORS, INCORPORATED TO SERVE AS BOND FINANCIAL ADVISOR FOR THE CI~OFDUBLIN IN THE ISSUANCE OF MULTI-FAMILY HOUSING BONDS FOR FAIRWAY RANCH RECESS 9:47 p.m. Mayor Lockhart called for a shor~ recess. The Council meeting reconvened with all Councilmembers present (Cm. Oravetz absent) at 9:54 p.m. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 517 PUBLIC HEARING BLACK MOUNTAIN SITE DEVELOFMENT REVIEW, LOT 8 PA 00-009 9:54 p.m. 6.5 (410~$0) Mayor Lockhart opened the public hearing. Senior Planner Amdy Byde advised that the City had received a letter from Applicant Jeff Woods requesting a continuance of this item to the August 196 City Council meeting. They have revised their request to say either August 19th or September 2ha. Applicant Jeff Woods stated his arborist is out of town at a conference in Canada. He got the Staff Report on Friday and had a couple of questions. These were the reasons for the continuance request. David Bewley stated he was prepared to make statements and would like the decision making process to go forward. Vm. McCormick stated she felt there is a lot of confusion aroundthis issue and would like to see it clarified and that she was leaning toward having another survey done. Mayor Lockhart stated there are some concerns that the gamey is not accurate. She would like to make sure the next time they discuss this that there is another survey and that it is clarified. We need a third party independent survey. Mr. Byde asked for clarification on whether the City would initiate a third party survey?. Mayor Lockhart stated it would be the applicant's responsibility but would like to see the City select at the applicant's expense. There are some real differences in the figures of the tree branch. Mayor Lockhart stated she would be willing to continue the item, but not to August 19th. She would consider September 2ha. Vm. McCormick asked if it is possible to have the survey done by September 2~a. Mr. Byde responded yes, we have contract people and he felt the turn around time could be fairly quick. Mr. Woods stated he agreed and apologized for the inadequacy of the original survey. He st~.ted he would be happy to pay fgr another survey to bring clarity. If you ~ant to CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 518 pick a surveyor, he would be happy to pay them direct, or however the City feels would be appropriate. Mr. Ambrose stated the City would select and he could pay us and we would pay the contractor directly. Cm. Zika clarified the Councilwill know the exact length when it comes back before the City Council. Mr. Bond expressed concern as he may not be here on September gna. He was also concerned that a continuance seems to be how much of the tree do we need to cut off. It is totally disingenuous of Black Mountain to make the suggestion2 ~ey ShouU not~ suggesting cutting any off the tree at this stage. MayOr Lockhart clarified that she abbreviated her comments and they have not made a decision to cut the tree. A number of figures have been presented and an independent survey would answer questions in Order for them to all be talking about the same thing. David Bewley stated they would like to be able to speak about the survey and what they've been dealing with over the past couple of years. Their impressions hopefully would still be relevant to be discussed at the Mayor Lockhart stated she felt everyone will benefit from this, including the new homeowner who must be in shock. Jerry weiss, Brittany Lane suggested the City Council drive up to Brittany Lane so they can see what a real 1 $' setback lOOks like compared to 20'. This may help in the decision process. Susan Bewley stated she agreed with the excellent point to drive up and see the roofline almost in the ground and also look at lot 11 which looks like a fine house and fits in the neighborhood. Houses down Rolling Hills have rolling roof lines which fit into the character of the neighborhood. Mayor Lockhart clarified that they would continue this to the September 2''a City Council meeting for further discussion with a new survey. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote (Cm. Oravetz absent), the Council continued this item to the September £na City Council meeting. CITY COUNCIL MINUTES VOL[JME 22 REGULAR MEETING August 5, 2003 PAGE 519 CONSULTANT SERVICES, AGREEMENT - SENIOR CENTER ART PROJECT 10:09 p.m. 7.1 (600~$0) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. This agreement with Artist Rowland Cheney, would provide for the fabrication and installation of the sculpture "Wisdom Through The Ages" at the new Dublin Senior Center. Upon approval of the agreement, Staff anticipates that the sculpture would be installed next Spring. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote (Cm. Oravetz absent), the Council approved and authorized the Mayor to execute the Agreement. AGREEMENTS BETWEEN THE CITY OF DUBLIN .AND DUBLIN LITTLE LEAGUE 10:10 p.m. 7.2 (600-30) Parks & Community Services Director Diane Ix)wart presented the Staff Report. Dublin Little League previously received Council approval to undertake the following projects: Construction of Batting Cages at Dublin Sports Grounds; Replacement of Infield Turf on Field A at Emerald Glen Park; and Installation of Foul Poles on Field A at Emerald Glen Park. Staff has prepared the necessary agreements in order to proceed with these projects. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote (Cm. Oravetz absen0, the Council approved and authorized the Mayor to execute the Agreements. CITY OF PLEASANTON REQUEST TO HELP PURCHASE P A SYSTEM FOR OPERATION WELCOME HOME EVENT TO, BE HELD ,IN LIVERMOI~ ON, ,,AUGUST 16, 2003 10:12 p.m. 7.3 Item added to agenda. Mr. Ambrose stated the City received a request today from the City of Pleasanton and "Operation: Welcome Home? for the CO~cil to consider a funding request for a P.A. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 520 system for the Welcome Home event scheduled for August 16, 2005. Pleasanton Staff checked prices and the price is $1,800 and the suggestion is that we contribute an additional $400 to fund this. We have already committed to $500. Mayor Lockhart stated personally she doesn't want to not support this at this time. She thought originally $500 per city seemed quite limited. Vm. McCormick asked if Livermore is kicking in. Mr. Ambrose stated he was not sure what Livermore is doing resource wise. This came up at the last minute. Mayor Lockhart stated we are helping toward the event. Livermore is doing more than the other cities. It is being held in Livermore. Cm. Sbranti asked about the $1,600 we committed for airfare and if that is all committed? Mayor Lockhart stated 4 members of the unit are coming and they are actually staying an extra day. We have committed $2,100. Chief Thuman stated we have committed $2,100 total and additionally, we are committing $ traffic officers to the event. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote (Cm. Oravetz absent), the Council approved a Budget Change for this additional request. MARKETI, NG AND SALE OF, DUBLIN RANCH ,,VILLAGES,, AFFO ,RDABLE UN~S 10:19 p.m. 8.1 (430-80) Housing Specialist Julia Abdala presented the Staff Report. Staff provided a report outlining the Toll Brothers, Inc.'s plans to market and sell the Dublin Ranch Villages Below Market Rate (BMR) Units, including a copy of the City of Dublin's Application Packet for BMR Units. The first 16 BMR units are nearing completion and will be ready for sale within a month. This first phase offering will consist of 1-bedroom condominiums. This offering will be followed with 12 more 1-bedroom condominiums by the end of the year. These ""~' ',,," ',l, ': ,c,,, , ,~ ,,,,,,,,, ,' ,,,~ ',",", :~' ' ' ", ', ,"., ' , ,,~', ;', ~ ,,,, ~ i,',,", 7,',~' ," ~ ;'; ?'i: '"", ..... i'1 ', CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 521 units are approximately 840 square feet and include all kitchen and laundry amenities and are suitable for 1 or 2 person occupancy. The prices will be $270,000 - $280,000. The developer would like to begin selling the affordable units in August. The maximum income allowed for moderate one and two person households are: One~person household $64,350 Two~person household $73,500 Once Toll Brothers and its mortgage arm, Westminster Mortgage, has pre-qualffied interested applicants, City Staff will review qualified applicants. The preferences and points for each category, per the Inclusionary Ordinance are: Dublin Resident for over 1 year Employed in Dublin for at least 6 months (Public service employee working in Dublin) Senior applicant Disabled $ points 3 points 1 additional point 1 point 1 point The ranked applicant forms will be returned to Toll Brothers, who will offer the units to the applicants in the order ranked. City Staff will also receive the finalized buyer selection documents prior to execution of loan documents and before each buyer enters into a Sales Agreement with Toll Brothers. Staff will review and confirm that the household income is within the moderate~income category, the correct number of people will be occupying the condominium, the sales price is as agreed, and that the prospective buyer is aware of the resale restrictions and has signed the required Resale Agreement as adopted by the City Council. Mayor Lockhart stated in marketing this to new teachers~ they may not have the advantage of 6 months of employment. Is there anything in the Ordinance that would allow saying they are employed by the School District, but they are a new hire. Ms. Abdala stated she thought this discussion took place after the Ordinance was passed. Mr. Ambrose stated the Superintendent was to provide a survey and we have received nothing from the School District. Cm. Sbranti stated he felt they may do this in late August. He stated he likes the marketing that they will do to the teachers. On August 26th, teachers report back. Cm. Sbranti asked about a scenario whereby if there are 20 people tied with the n.eqe.s~ry .points ~will there .be .a lottery. ......... CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 522 Ms. Abdala stated our Ordinance doesn't address that. Rick Nelson, Assistant Vice President for Toll Brothers stated they are treading new ground and they don't know what kind of response they will get. They are trying to develop a plan that makes sense and to generate an interest list for sub~quent phases. They will all be learning through this process. If we happen to have a situation of having 20 people tied, they will probably enter into a lottery system. The lottery system seems to be the most fair. There is no perfect way to handle it. Cm. Zika complimented Toll Brothers and Staff on the brochure. Vm. McCormick asked about the 2 bedroom units. Mr. Nelson discussed sequencing and issues associated with occupancy. They are anxious to move forward as soon as they can. Cm. Sbranti asked about market rates. Mr. Nelson replied for a 2 bedroom, the market rate is $$$0,000 for nearly 1100 sct ft. They don't have a market rate for the one bedroom. There isa project in Livermore that is a studio about 560 sq ft for sale and 1 car garage and they've been told it is $265,000 market rate. This community doesn't have the amenities that this project in Dublin will have. City Attorney Silver clarified that the Ordinance states the City Council, by making certain findings, can provide flexibility for school teachers. The City Council could make findings and conclude and make pre-approval at this time and with school teachers who have a signed contract, that it would be appropriate to waive the 6 month waiting period for school teachers and they get 3 points for being employed in the City. They can do' this by motion to waive the 6 month requirement for school teachers who have a signed contract. On motion of Vm. McCormick, seconded by Cm. Sbranti, and by unanimous vote (Cm. Oravetz absent), the Council a~ed to waive the required 6 month employment period to qualify for teachers who sign contracts with a School District in the City of Dublin. This is an alternate method for meeting the purposes of the Inclusionary Zoning Ordinance. The City Council thanked Staff for the report. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 523 REQUEST TO CONSIDER "OPEN LETIZR OF SUPPORT" FOR EASTER SEALS. ~ KALEIDOSCOPE PROGRAM 10:41 p.m. 8.2 (610-20) Economic Development Director Chris Foss presented the Staff Report and advised that Mayor Lockhart requested that the City Council consider and discuss a request for City Council support of the Easter Seals Kaleidoscope Program's fund-raising campaign. This is the only program of its kind in the Tri-Valley area, serving residents from Dublin, Livermore and Pleasanton, and each of the cities have made a significant investment in the essential services it provides. A vision for a new home for Easter Seals Kaleidoscope has been years in the making. The elected officials and leaders stand together in support of a campaign to raise $1 .$ million to make this effort a reality. Craig Issod with Easter Seals Kaleidoscope Program, stated the real patient people are those that they serve. He had hoped to speak to a full house of potential donors. He thanked the City for its support and advocacy. They are now on the cusp of filing their application with the City and hope to be moving forward. This will make a difference to the lives of children and their families. Mayor Lockhart stated she is really proud of the City Council and Staff and residents of the community and what they're doing with Kaleidoscope. This is something the entire community can point to with pride. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote (Cm. Oravetz absenO, the Council enthusiastically supported the open letter and allowed their names to be used. Cm. Zika suggested listing the names in alphabetical order. OTHER BUSINESS 10:48 p.m. Cm. Zika reported that he was down in Monterey at the League of California Cities Conference last month and picked up some interesting information regarding computers. He will discuss this with Staff. He stated everyone did a good job at Ted Fairfield Park at the National Night Out event on July 22~a. He stated he felt the Mayor did a good job with answers at the Tri~Valley Mayors Summit. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 524 Cm. Sbranti reported that he had attended Public Safety Recognition Committee meetings and about 1/3 of the needed money has been raised. He recognized Lt. Moon and Joni Pattillo who have worked really hard on this. He reported that he had a meeting with Pat Zahn, Library Manager, regarding after school tutoring and it will possibly be starting as early as January. There are lots of nuts and bolts that have to be worked out. Vm. McCormick stated she convened a Cemetery Committee meeting for the Tri~Valley. In a short period of time there should be some good news to report. All 4 cities are participating. Mayor Lockhart advised that she also went to Monterey. She also attended the National Night Out event and thanked the Police Department. Residents are doing the same thing this evening. She was guest speaker at the Castro Valley Rotary Club meeting today. They were astounded at everything going on in our community. A suggestion was made that we tunnel through and annex them. They like to keep track of what we're doing. Mayor Lockhart stated she got comments from residents appreciative of the pedestrian crossing signs on Amador Valley Boulevard, but they said the really tough place to cross is right in front of Shamrock Village in front of Ralph's. A lot of people coming from the apartments won't walk back in order to go forward. They can't get motorists to slow down, and they get stranded in the middle of the street. She requested that Staff look at this. Pedestrians are feeling vulnerable at this location. Chief Thuman advised that we participate in a combined traffic enforcement effort which rotates cities on a regular basis. They recently did enforcement in that area and issued over 21 citations in about 90 minutes. Mayor Lockhart stated she had a situation reported to her regarding a stuck cuckoo bird in one of the crosswalks. Apartment dwellers are wondering why birds are sounding at $:$0 a.m. in the morning when there is no one in the crosswalk. Mr. Thompson stated they obviously are not supposed to do this. There were some stuck ones and we sent the County out to look at them. He will follow up on this. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 525 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:$7 p.m. ATFEST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 5, 2003 PAGE 526