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HomeMy WebLinkAbout03-20-2001 Adopted CC MinutesREGULAR MEETING - March 20, 2001 A regular meeting of the Dublin City Council was held on Tuesday, March 20, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:16 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PRESENTATION ALAMEDA COUNTY TRANSPORTATION AUTHORITY (ACTA) REGARDING STATUS OF IMPLEMENTING THE NEW MEASURE B 7:17p.m. 3.1 (1060~90) Representatives from ACTA stated they wished to show their appreciation to the City Council for their support of Measure B and its passage in November 2000. Passage of Measure B shows the great need for continued investments in our transportation infrastructure. Alameda County passed Measure B with 81.5% of the vote. Steve Castleberry, Deputy Director of ACTA thanked the City for supporting the passage of Measure B and stated almost 4 of 5 voters in Dublin voted in support of this. He discussed several projects which will benefit from this extension of Measure B. This means $3.6 million in street repairs in Dublin over the next 20 years, as well as numerous other projects which will receive funding. They're developing contracts to implement the new program. Alameda County has taken the lead on the Iron Horse Trail project. A plaque was presented in appreciation for the Council's support. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 134 7:22 p.m. Cm. McCormick presented an award of excellence from the CA Parks & Recreation Society for our Ar~ in the Parks Program. She and Ms. Lowart accepted the award on the City's behalf at a banquet last Saturday night in Sacramento. CONSENT CALENDAR 7:25 p.m. Items 4.1 through 4.17 Cm. Oravetz pulled Item 4.9. Cm. McCormick pulled Items 4.7 and 4.15. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March 6, 2001; Adopted (4.2 540~50) RESOLUTION NO. 35- 01 DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF Adopted (4.3 360~20) RESOLUTION NO. 36 - 01 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD AREA) Adopted (4.4 360-20) RESOLUTION NO. 37 -0'1 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-'1 (THE VILLAGES (~ WILLOW CREEK DEVELOPMENT, DOUGHERTY ROAD) CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 135 Adopted (4.5 360~20) RESOLUTION NO. 38 - 01 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) Adopted (4.6 360~20) RESOLUTION NO. 39- 01 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING& LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-t (DUBLIN RANCH) Adopted (4.8 360~50) RESOLUTION NO. 40 - 01 DIRECTING PREPARATION OF ANNUAL REPORT FOR CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Received (4.10 330~50) Financial Reports for the Month of February, 2001; Authorized (4.11 600~35) Staff to advertise Contract 01 ~06, Annual Slurry Seal Program, for bids; Adopted (4.12 600 ~ 35) RESOLUTION NO. 41 - 01 AWARDING CONTRACT 0t-02, 2000-01 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND CURB MODIFICATIONS AT AMADOR VALLEY BOULEVARDISTARWARD DRIVE TO VANGUARD CONSTRUCTION ($65,338) and approved a $2,984 Budget Change from Gas Tax Reserves; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 136 Adopted (4.14 600-80) RESOLUTION NO. 42 - 01 APPROVING AGREEMENT FOR FINANCIAL SERVICES (ADMINISTER LANDSCAPING & LIGHTING ASSESSMENT DISTRICTS AND COLLECTION OF FEES FOR SERVICES) WITH NBS GOVERNMENTAL FINANCE GROUP (NOT TO EXCEED $26,000) Accepted (4.15 600N30) the recommendation of the City Council Audit Subcommittee and authorized the City Manager to execute an Agreement for Audit Services with Vavrinek, Trine, Day & Co., and approved a Budget Change; Adopted (4.16 600~30) RESOLUTION NO. 43- 01 AUTHORIZING CONTRACT WITH VBS SERVICES FOR POLICE SERVICES DUI BLOOD DRAWS and authorized the City Manager to sign the contract; Approved (4.17 300-40) the Warrant Register in the amount of $786,949.90. Cm. McCormick asked about Item 4.7 and if this is a voluntary test? Police Chief Thuman stated this was correct. The results are not admissible in court. It allows us to determine in the field if the person is under the influence of alcohol. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council authorized (4.7 580-40) Dublin Police Services to apply for Office of Traffic Safety Grant ($27,878) for purchase of equipment necessary to conduct enhanced DUI enforcement. Cm. Oravetz stated he wanted to bring Item 4.9 to the public's attention. There will be 3 bills coming forth. One will pass and this will mean a return to Dublin of pre~ Proposition 13 funds and our library will be able to be open 59 ½ hours a week. CITY COUNCIL MINUTES VOLUME 20 REGULAR .MEETING March 20, 2001 PAGE 137 On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council authorized (4.9 940~G0/6G0~40) the Mayor to execute letters to Assemblymember Patricia Wiggins and Senator Tom Torlakson supporting proposed legislation that would return property taxes now shifted to the Education Revenue Augmentation Fund (ERAF) to county libraries (AB 315, SB 74 & SB Cm. McCormick pulled Item 4.13 and stated she was concerned about additional electrical outlets for outdoor use in light of the energy shortage. We may need to rethink the concerts and other events. Conservation is not an option anymore. Vice Mayor Lockhart stated she felt if we are putting money into the design now it may be more cost effective to install it but have a policy in place not to use it. We may be missing an opportunity to save some money. Mayor Houston stated he felt we need to get the infrastructure in even though we may not use it right away. Cm. McCormick commented she would like to have some kind of conservation policy in place until we get through this crisis. Maybe music will not have acoustic speakers. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council approved (4.13 600~35) Budget Change for a $4,818 additional appropriation from the Internal Service Fund and adopted RESOLUTION NO. 44- 0t AWARDING CONTRACT 0t-01 CIVIC CENTER AUTOMATIC DOORS AND OUTDOOR ELECTRICAL UPGRADE TO MORGAN ELECTRIC ($30,50t) PUBLIC HEARING INTRODUCTION OF CABLE SYSTEM REGULATORY ORDINANCE AND APPROVAL OF AT&T BROADBAND FRANCHISE AGREEMENT 7:30 p.m. 6.1 (1050~30/600-30) Mayor Houston opened the public hearing. Assistant to the City Manager Julie Carter presented the Staff Report and advised that this public hearing is to receive public testimony regarding the introduction of a new Cable System Regulatory Ordinance. A 10~year Franchise Agreement is being proposed, as well as a Side Letter with AT&T Broadband and Internet Service effective June 1,2001. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 138 The Cities of Dublin, Livermore, Fleasanton and San Ramon am provided cable service by AT&T's Broadband Division (forme~y TCI). The 15~year Cable Television Franchise Agreement between the Cities and AT&T Broadband and Internet Services expired on December 31, 2000. In early November 2000, the City Council adopted a Resolution authorizing an extension to the existing franchise agreement from December 31, 2000 to March 31,2001. While the City and AT&T had concluded formal negotiations in advance of the December deadline, more time was needed by AT&T and City representatives to develop and refine contract language that adhered to state and federal regulations, as well as local regulatory standards. Over the life of the Franchise Agreement, Dublin will receive approximately $3 million in Franchise Fees based on 5% gross annual revenues from AT&T. In addition, the $ .50 subscriber fee will generate approximately $ 715,000 to Dublin over the 10~year Franchise Agreement. These figures assume a conservative growth rate of subscribers by 5%. Collectively, the four cities (Dublin, Heasanton, San Ramon and Livermore) will receive a one-time grant of $1 million, and will also receive several in-kind commitments from AT&T, ranging from free outlets for public buildings, schools and libraries to providing free fiber optic insertion points for live coverage of City Council meetings. The Franchise Agreement and Cable Ordinance grants AT&T a 1 O-year non-exclusive Franchise Agreement with the City of Dublin. Because the final adoption of the Ordinance occurs in May 2001 (:50 days after adoption), and the Franchise Agreement must be effective after the Ordinance effective date, the City Council will need to extend the existing Franchise Agreement to May 31, 2001. The new 1 O-year AT&T Franchise Agreement and Side Letter will begin June 1,2001. The tasks which were completed either in advance or in conjunction with the franchise renewal process, including: 1 ) Create a Cable System Regulatory Ordinance; 2) Public Review Process and Needs Assessment; 3) Franchise Fee Audit; 4) Franchise Renewal Negotiations; and 5) a Summary of the Major Deal Points. Ms. Carter discussed the 12 major deal points: Franchise Term ~ 10 years - effective June I, 2001. AT&T will provide the Cities with a one-time capital grant of $1 million that includes: $800,000 for cable equipment purchases for the Cities and/or CTV $200,000 for construction to connect distant facilities to the cable system. AT&T will provide an on-going grant of up to $ .50 per subscriber per month for the life of the franchise with adjustments possible for changes in inflation and subscriber growth. This grant money will be separately itemized on subscriber CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 139 10. 11. 12. bills. With over 67,000 current subscribers, this monetary support could yield $33,500/month or $402,000 annually. AT&T will continue to provide a franchise fee established at 5% of gross annual cable service revenues (same as the current fee and maximum permitted by law). Annually, the City receives approximately $250,000 in revenue to compensate the community for use of its public right~of~way for AT&T's commercial and profit~ oriented activities. AT&T will provide one free cable outlet at all City buildings. AT&T will provide all schools and libraries with free outlets and cable services, including Internet access. Discounts will be provided on additional outlets to these locations, and on all outlets for City facilities. AT&T will be required to install conduit, when trenches are open, in new commercial development areas to enable the delivery of cable, internet and telephone services to the business community. AT&T will continue to provide three Educational and Government (EG) Access channels, with a fourth channel available if certain levels of usage are achieved. Currently, Channels 28, 29 and 30 are considered PEG access, with Channel 28 being shared with AT&T as a leased access channel. AT&T will provide a separate channel for Public Access and provide support throughout the life of the franchise. This is an estimated value of $1.5 million over the life of the franchise agreement. AT&T will provide fiber optic insertion points in each City and at CTV (for live coverage of City Council meetings, if so requested). The estimated cost of pulling fiber to all of the City's locations combined is $440,000, but will not be capped should it exceed that amount. AT&T has agreed to adhere to specific customer service standards, such as system repair requirements, billing and information standards, and subscriber complaint and dispute requirements. The ordinance also includes formal processes for cable competitors to follow when petitioning the City for a cable franchise agreement. AT&T has indicated that it was unwilling to set precedent for other communities by having certain obligations in the franchise agreement. In an effort to permit AT&T to be able to state that it does not agree to these conditions in any of its franchise agreements, yet provide the Cities with the assurance that AT&T would perform as has been negotiated, the Cities and AT&T agreed to utilize a separate Side Letter agreement. The Side Letter is fully enforceable as if it was part of the actual agreement, and has been approved by the City Attorney's Office. The Side Letter will be presented to the City by AT&T at the same time the Franchise Agreement is executed. The Side Letter addresses three provisions of the Franchise Agreement as follows: CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 140 1) z) 8) The channel number and location of the Educational and Governmental (EG) Access Channels provided pursuant to Exhibit B, Section 1 of the Franchise Agreement. The cost recovery and non~itemization on Subscriber bills of the fiber optic links provided pursuant to Exhibit B, Section 8 of the Franchise Agreement. The cost recovery and non~itemization on Subscriber bills of the $1 million capital grant provided pursuant to Exhibit B, Section 5 of the Franchise Agreement. Cm. Zika stated he noted AT&T is providing free access to City buildings and to schools. He questioned where the new Senior Center is on the list. Ms. Carter responded that all existing programs now in place will continue. The library already has access and the senior center will be in that facility in the future. Cm. Zika would stated he would like to see this in the agreement. The library is already wired. Cm. Oravetz asked what happens if one of the cities decides not to honor the agreement. Ms. Carlet stated about 18 months ago the process started and at that time the cities determined as a group that we would save money by going together. The education process was through an ad hoc committee and they met several times throughout the process. Pleasanton has it on their agenda tonight also. Livermore and San Ramon will meet on this next week. Vice Mayor Lockhart advised that progress reports have been provided to the City Council during the last 18 months also. Mr. Ambrose stated this franchise agreement stands on its own. The $1 million will be split equally rather than be prorated. Michael Freedman, who is representing the cities in the negotiations addressed the Council. He stated the cities agreed internally that it would be divided by 4 rather than prorated. He explained that there is a procedure established with renewing franchises. Vice Mayor Lockhart stated she felt it is a good agreement. They've done a good job of covering all the things that were brought up by the public or staff. She thanked Julie Carlet for the many hours she put into this. This is good for our community; it offers us things we don't have now. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 141 Mr. Freedman stated the reality is all the costs will be incorporated into the rates. The $ .50 will show as a separate line item on the bill. Cm. Zika asked about the service which will exist at the new senior center, and commented he didn't see internet access listed. Ms. Carter explained that on Page 108 of 112 of the exhibits to the Staff Report, other future buildings were designated. The future senior center, future fire station and other future buildings are listed. Mr. Freedman stated AT&T can be asked to modify the language to specifically include this for internet access. Rachelle Guillen stated they committed to providing the same services as exist today so the senior center will receive the same services as they receive today. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance (with modification); authorized the Mayor to execute the Franchise Agreement, including the Side Letter, and adopted RESOLUTION NO. 45 - 0t REQUIRING AT&T BROADBAND AND INTERNET SERVICES TO CONTINUE PROVIDING CABLE SERVICES PENDING APPROVAL OF NEW FRANCHISE AGREEMENT PUBLIC HEARING VICIOUS DOG HEARING APPEAL 7:47 p.m. 6.2 (500~40) Mayor Houston opened the public hearing. Administrative Analyst Amy Cunningham presented the Staff Report. A Vicious Dog Hearing was conducted on February 8, 2001, in accordance with Dublin Municipal Code Chapter 5.36, Animal Control. The findings, which were issued on February 14, 2001, declared the dog vicious and imposed restrictions on the dog. The hearing findings were subsequently appealed to the City Council. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 142 On January 30, 2001, Staff received a report from Alameda County Animal Control regarding a dog bite incident occurring on January 28, 2001. The report stated that a woman was walking her two leashed dogs (Bailey and Samantha) down the street when a third dog, an approximately one year old pit bull (Chef), charged and bit the dogs. Bailey received a 2" laceration on the head and a laceration on the left ear. Samantha received a 4" wound to the chest, two puncture wounds to the right front leg, and two puncture wounds to the hindquarters. Findings from the hearing were issued on February 14, 2001, and the following restrictions were imposed: 1 ) the owner shall take adequate precautions to ensure that the dog is only out of the fenced backyard or residence when muzzled, in a chest harness, with a 6' leash and under the direct control of an adult; and 2) the owner shall purchase and install a second gate king pin that matches the existing one located on the left side of the gate by February 28, 2001. Upon completion of the gate modification, owner shall contact Animal Control for an inspection. On February 26th, Animal Control inspected the modifications to the owner's gate. They found the gates to be strong and in adequate condition to contain the dog. Eric and Lisa Dettenrieder appealed the Hearing Director's determination on the grounds that Chef constitutes an unreasonable risk to the health and welfare of the citizens of Dublin. Animal Control Officer Bowman believes that the additional precautions of muzzling the dog and the use of a chest harness to maintain further control of the dog when outside of the yard, will protect the public. The findings issued as a result of this hearing are consistent with past findings. In previous cases, dogs involved in similar bite/attack incidents for the first time, faced restrictions such as: compliance with the leash law; prohibitions on the dog being outside of the fenced yard except under the control of a competent adult; fence inspections to ensure that the fence is adequate to contain the dog; and requiring necessary fence repairs to be made at the owner's expense. In October of 1999, the City Council upheld on appeal similar restrictions imposed on a dog after a Vicious Dog Hearing in which a loose dog bit a person on the leg. The findings required that: 1 ) the owner take adequate precautions to ensure that the dog is only out of the fenced backyard when on a leash and under the control of an adult; and 2) the owner contact Animal Control for inspection for the fencing and make any CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 143 modifications required by Animal Control. The restrictions placed on that dog, which bit a human, are less restrictive than those placed on Chef. In conclusion, Staff recommended that the City Council conduct the public heating, obtain any necessary information from concerned parties, deliberate and determine whether or not the findings and determination of the February 8~h heating should be upheld. If the City Council determines that said findings and determination should not be upheld, the City Council will need to make findings regarding the merits of the appeal and determine whether other resttictions should be imposed, or actions taken. Eric Dettenreiter stated he signed the appeal and his question is have you seen other similar animals that just tweaked and ran after the other two dogs? Is it in their nature to do it again? AC Officer Bowman responded that the dog showed aggressiveness and explained that what it sees is what's in front of it and they protect their territory from other dogs. They normally grow out of it. Other breeds also exhibit this type of behavior. Mr. Dettenreiter stated other people on the block have similar concerns. He also has a dog and 2 cats and his 8 year old son likes to play basketball. He's concerned that this dog might get out and attack. He also walks his dog. His dog could be in line to be attacked. Officer Bowman stated it is not common for this breed to attack children of that age. Crawling children could be mistaken for animals. She has seen the yard and it is above and beyond what is required. There are no guarantees in life. Mr. Dettenreiter stated his 20 year old son wanted to get one of these dogs, but he said no, he is not willing to assume the risk. Ms. Cunningham stated in this case, in order for the dog to get out someone would have to unlock all the locks in the inside and also the ones on the outside. Mr. Dettenreiter asked when does the dog get to be taken for a walk? Ms. Cunningham stated it will be muzzled and on a chest harness, which will give the owner more control of the animal. Mr. Dettenreiter asked if they felt there was nothing wrong with the dog. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 144 Officer Bowman stated the dog did not show any aggressiveness at all to a uniform, or stranger. Ms. Cunningham advised that there was no barking when they went to inspect the fence. The dog exhibited no signs of fear apprehension or aggressiveness. They feel that protective aggression was what provoked the attack. Mr. Dettenreiter stated he is not excited about the exposure. He doesn't want to assume the risk of the dog getting out again. Lorene Nettles stated she started a business, Pets Without Partners, and has a Stafford Shire Terrier who is 13 years old. She has turtles, frogs, and many dogs. She said a Stafford Shire Terrier is an excellent dog. She commented she never walks any of her dogs without a leash. You cannot expect dogs to act like people. They are more aggressive when they are young. This dog should be given a second chance. She has volumes of pictures of dogs that she has dealt with. Stafford Shire Terriers are very smart, and they will do whatever you tell them. Hopefully, these owners will receive the training that this dog needs. Cm. Oravetz asked what we would do if he escaped again. Ms. Nettles stated if it were her dog and it got out again and attacked, she would put it down. Mayor Houston asked if she had experience with a dog that has been abused and trained to fight. Ms. Nettles responded yes, she has one at her house now. She talked about how she came in contact with it. Her name is Honey and she has been abused. She was bred to fight. She was introduced to her other animals slowly. She went through the whole rescue process with her. She is fine now. Cm. Zika asked if the dog, Chef, has been enrolled in anger aggressive classes? Ms. Cunningham stated the dog is on a waiting list for an obedience class. It was 3 months old when it was adopted. Officer Bowman stated it was probably rejected as a fighting dog. Ms. Nettles stated she felt all dogs in this county should be micro chipped and should be leashed at all times. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 145 Cm. McCormick asked if there is more than one access to the back yard. Ms. Cunningham replied there are two gates and they are both padlocked. They have a tool shed where the dogs can be secured so they cannot get out when they need to access the gates. They have 2 dogs. The second is a golden retriever. Cm. Oravetz asked if the dogs are in training classes. Ms. Cunningham repeated Chef is on a waiting list for obedience classes. Vice Mayor Lockhart asked about the dog run and if it has been built? Ms. Cunningham stated it has not yet been built. When this occurred, it was the rainy season. It would provide an additional level where the dogs would have to get out 2 gates. Graham Wilson, owner of Chef, stated he shared some of the worries. They did rescue her. She is fine with their other dog. They have done research and discovered several facts. No person was injured or threatened. This was a brief scuffle between 3 dogs. They have done a lot of work in their yard rebuilding and reinforcing the fencing. Aggression behavior between other animals and humans are completely different. They are as anxious as anyone that there be no repetition to this accident. They have suffered many incidents as a result of this incident. They and their children have been threatened, as well as threats against their dog. Pit Bulls are no more dangereous than any other breed. Chef has never shown aggression to anybody. Others describe her as very gentle and loving. Her Vet describes her as likeable and friendly and an outgoing dog. Officer Bowman commented that approximately 2 5 minutes before she responded to this call, there were 4 or 5 young boys playing roller. hockey in the street. She patrols this street regularly because it is near Mape Park. Mr. Wilson stated they don't use the gates anymore. They would have to be opened inside and outside. Cm. Oravetz asked Animal Control what is the most vicious dog. Officer Bowman stated Rottweiler as they attack other dogs, and people and are more unpredictable. Mayor Houston closed the public hearing. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 146 Vice Mayor Lockhart stated it is interesting to learn more about the history of the Pit Bull. She has concerns about the situation in the neighborhood and more about the family than the dog. She wanted to make sure if the dog remains that the neighbors aren't afraid to use their street and their park. Until this dog is older and trained she did not want the dog to go for walks or use the park. She felt the dog has lost her recreational privileges. The neighbors were traumatized. It is unfair to the neighborhood. The situation doesn't warrant euthanizing the dog, but the family needs to take control. It should not leave the back yard unless they are putting it in a vehicle to take it somewhere else. It should go through a program and be acknowledged by competent city people who can verify this. Age and instruction are important. Vice Mayor Lockhart stated she would like to add another condition that the dog is not to leave the yard and not to be walked on the sidewalks in the neighborhood until it's 5 years old and has had the training. Cm. Zika asked if it is fair to the dog making it stay in the yard for 5 years. Officer Bowman stated the Wilson's have a big back yard. Cm. Oravetz stated they can't go anywhere in Dublin, so do we send them to San Ramon? The Council clarified that the dog can't be in any park in Dublin. Mayor Houston asked if they have contacted their homeowners insurance and let them know about the vicious dog status and taken out coverage. He asked if they would name the City of Dublin as additional insured? Mr. Wilson 'stated he didn't know what this involves, but he would talk to his insurance broker. Mayor Houston stated it is not fair to anyone on his street to take any responsibility other than him. Mr. Wilson again stated he does not know what this involves. If he can't get insurance, he can't get it. The premises are very secure. When this incident took place, Chef was not under their control. They've taken steps to ensure that this risk is removed. He stated he will do whatever he can to make this happen with naming the City as additional insured. Mayor Houston stated he felt this is something reasonable. If they have a liability to the community or themselves, they need the insurance. Euthenasia is a last resort or asking CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 147 it to leave the City. An animal deemed Vicious should have adequate insurance. The insurance exists out there, but he will have to seek it out. He is asking that he get this coverage. He stated he would like to have any animal deemed Vicious in the community have this requirement put on them. Vice Mayor Lockhart commented on the previous Vicious Dog appeal and the restrictions placed on the dog. City Attorney Silver stated the City would not have liability but it is reasonable to require the owner to make sure he has in place adequate insurance to protect members of the public. It would be a civil matter. The City's exposure is no different than before the attack occurred. Cm. Zika asked, if he can't get this insurance, then what is the alternative? Mayor Houston stated there is insurance out there and if you want to pay for it you will protect your family. He stated he disagreed with the City Attorney and felt the City does have liability. City Manager Ambrose stated the City has certain immunities and this is what the City Attorney was referencing. Vice Mayor Lockhart stated she felt it is important that he have insurance but she was not convinced that the City should be named as additional insured. Mr. Wilson stated their insurance is fully aware of what happened. He can supply a copy to the City. They will maintain liability insurance. He stated he thought his policy was $250,000, but was not sure. Mr. Ambrose stated, when asked, that the City typically requires $1 million coverage, depending upon what the scope of the work is with our contracts. Vice Mayor Lockhart stated she felt it is up to him to determine how much insurance he carries. This will be a civil matter. She is not interested in the amount, but for the safety of the residents. Cm. Oravetz concurred that it is a civil issue but stated he would agree that he has to show he has insurance. He is concerned about public safety. He agreed to a type of quarantine for a few years; and that they can't take her in the Dublin parks. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 148 Mayor Houston proposed that this become common with VD hearings and stated they are not being singled out. This is a problem, so in the future, we need to change. We should establish a policy in the City of Dublin requiting this. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council added to the existing recommendations that: 1 ) the dog be quarantined in the back yard area until she's 5 years of age; 2) the dog is required to go through behavior modification programs within the next 3 months; 3) she cannot be walked in Dublin; and 4) they must show proof of insurance. PUBLIC HEARING ~ PA 00~036 TASSAJARA CREEK PHASE II GREENBRIAR HOMES COMMUNITIES, INC., PLANNED DEVELOPMENT REZONE (STAGE 2 DEVELOPMENT PLAN) 8:41 p.m. 6.3 (450~30) Mayor Houston opened the public hearing. Senior Planner Carol Cirelli addressed the Council and discussed in detail the information contained in the Staff Report. The Applicant is requesting a Planned Development Rezone and Stage 2 Development Plan for Tassajara Creek Phase II. This project is a continuation of the Tassajara Creek Phase I project and the project involves the construction of 46 single family homes. Cm. McCormick asked how many of the homes will have the side garages? Ms. Cirelli stated she wasn't sure, but the applicants can answer this. Cm. McCormick asked about the open space, stream and creek and if domestic animals will be allowed in these areas? Ms. Cirelli stated in the open space areas, Zone 7 requires some fencing, however, the trail would be open to the public and animals. Katja Kamangar thanked Staff for their presentation. This has been a long project. This phase 2 is a continuation of the 2 different types homes. With regard to side entry garages, one out of the 4 will be a side load garage. They are mixed in. The cluster homes were shown as street scene on a displayed drawing. With regard to fencing, they have a split rail fence going in tight behind the trail. It was designed to keep people and CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 149 animals away from the creek. The buffer varies, but on phase 2 it is roughly 150 to 200 feet. Cm. Zika stated it is a beautiful project, but parking is going to be trouble. They meet the requirements, but 10 years down the road we will have a mess. They are using all of the on street and driveways for parking. She stated spaces are to be kept open for everyone and will not be assigned as part of the CC&Rs. People can actually park on their driveways. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and continued the item to the April 3ra City Council meeting for second reading. RECESS At 8:56 p.m., the Mayor called for a short recess. At 9:11 p.m., the Council meeting reconvened with all Councilmembers present. CIVIC CENTER LIBRARY ART 9:11 p.m. 7.1 (900~50) Mayor Houston stated the library project is fun and he announced that we received additional contributions from the Lin Family in order to be on schedule and go forward with the library at this time. He presented City Manager Ambrose with a check for $2 million from the Lin Family for the library project. Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that the artists have completed conceptual designs for the artworks and they're now being presented to the City Council for consideration. The Library Selection Committee and Heritage & Cultural Arts Commission have reviewed the artwork proposed by each of the artists and recommends approval by the CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 150 City Council. Following approval of the artworks, Staff will ~nalize agreements with the artists and the agreements will be brought before the City Council at a future meeting for approval. Lynne Baer stated each of the artists would describe their concepts and discuss the visuals on display regarding their proposed artworks. For the plaza, metal sculptor Robert Ellison designed a sculpture that will flank the entryway of the library. The artists for the children's area, Chadie Brown and Mark Evans, created a mural concept using the bright colors of construction paper. For the rotunda, the shapes within the stained glass panels are the work of Peter Mollica. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council approved the artworks. FREEWAY UNDERPASS ART PROJECT 9:28 p.m. 7.2 (900N50) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that the Freeway Underpass Art Selection Committee and the Heritage & Cultural Arts Commission are recommending an artist team for the Freeway Underpass Art Project. The Council is being asked to consider approval of the artist team and basic conceptual design for the project. Ms. Leonard discussed the RFQ process used by the Committee. Three artists or artist teams were selected as finalists and the Selection Committee conducted interviews on February 2 1 st. The Committee and Commission recommend the artist team of John Pugh, Daniel Galvez and John Wehrle to complete the artwork for both underpasses. As the design develops, the project will be brought back to the City Council for further review. It is anticipated that the artwork will be community driven and will develop as the mural is put in place. Lynne Baer showed slides of the artists' work. Each of the artists then discussed their approach to the project. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 151 They will need about 3 months for the design stage and then the actual execution will take about 16 months to complete all 4 walls. Vice Mayor Lockhart stated Cm. McCormick was very visionary in convincing the City Council that we needed an art consultant. She complimented Lynne Baer on her professionalism and in finding the artists. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council approved the artist team and the basic conceptual design. CITY COUNCIL EMERGENCY TRAINING DATE 9:59 p.m. 8.1 (520-30) Assistant to the City Manager Julie Carlet presented the Staff Report and advised that as directed by the City Council, Staff will conduct Council Standardized Emergency Management Systems Training and a tour of the Emergency Operations Center, located in the Police Wing of the Civic Center. Staff requested that the Council select a date and time for the training, which will take approximately one hour. Cm. Oravetz stated he may be out on April 17th. Cm. Zika advised that he will be out of town on May I The Council selected July 17th at 5:00 p.m. for the training and tour. REQUEST FOR PROPOSAL - EMERALD GLEN PARK PHASE 2 10:04 p.m. 8.2 (600-30/110-30) Mayor Houston requested that they defer this item for 30 days. He reported that he had received an offer for a potential partnership with the San Jose Sharks. A 25,000 sq. ft. gym would be built with public meeting space and an ice arena and applicable public parking areas. Construction of the gym and city facilities would be up to $4 million to construct for city use and the city would lease the land to the SJS for 20 years. A lot of CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 152 details would have to be worked out. The Sharks are excited about coming to Dublin. The ice arena would be marketed by and managed by the sJS and the gym would be operated by the City of Dublin. He stated he would like Staff to analyze this proposal to see if this is something the City could do. Cm. Oravetz agreed. Getting the Sharks to Dublin is good work. He offered congratulations to the Mayor. Mayor Houston encouraged the City to take a serious look. The City would be getting a $4 million facility. There are a lot of pluses, but a lot of details would have to be worked out. We have 55 major projects in the City and they are all high priority items so we would have to look at this project and determine how to allocate Staff time. Cm. Zika asked if they have to be at the Emerald Glen Park or if they could they be at the 88~acre sports park. Mayor Houston stated the other sports park is in the future and they're looking at now. This is an exciting opportunity. Cm. McCormick stated she would be interested in knowing what it displaces. Mr. Ambrose asked if there is flexibility with regard to a city facility. Could we look at other facility besides a gym, such as a pool or community center? Mayor Houston stated it is felt we need another gym, but we aren't tied to any particular idea. There is no preconceived notion with regard to what has to go in there. He stated he has had access to information and some drawings, which he will now share with everyone. Mr. Ambrose stated City Staff is getting into the budgeting process, so this will take some time to look at all the issues in order to make something like this work. We have to look at how it is structured with regard to public/private issues. On motion of Cm. Oravetz, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council agreed to defer issuing the RFP for this phase of Emerald Glen Park for 30 days in order to look at the SJS proposal. Mr. Ambrose stated Staff will come back with a report and the types of action the City Council will have to take. CITY COUNCIL MINUTES VOLUME Z0 REGULAR MEETING March 20, 2001 PAGE 153 OTHER BUSINESS 10:13 p.m. Mr. Ambrose advised that the General Manager of DSRSD has suggested that a liaison committee meeting be held sometime in April. Vice Mayor Lockhart stated she thought March 29tn was originally scheduled for a meeting at 8:30 a.m. Mr. Ambrose stated he would confirm this. Cm. McCormick thanked art consultant Lynne Baer and reminded everyone that our "Art in the Parks" award should be shared with the Dublin Fine Arts Foundation because of the collaboration. Cm. McCormick congratulated and thanked everyone involved for a wonderful festival. It was excellent. Cm. Zika echoed the comments and stated Ms. Lowart and her staff did a wonderful job. We had a great festival. Cm. Oravetz stated he had a great time. It was great seeing all the kids out there. Vice Mayor Lockhart stated the Irish visitors were so impressed with the whole event and they were very excited about being here. Mayor Houston stated he was sorry he missed the parade. He was on his way home from Taiwan and Japan. He stated he had an interesting visit with the Lins. He met with companies that have a presence in Alameda County. He stated he heard from the Mayor of Bray that she had a great time. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 154 Vice Mayor Lockhart advised that she attended the SMART corridor policy committee meeting for I~ 580. They are going to start looking at different sites and how this could work with timing of onramps and this is on a fast track in the next 3 months. They hope to have everything done by September and back to the cities for votes. CLOSED SESSION At 10:18 p.m., the Council recessed to a closed session to consult with Legal Counsel: 10.1 Public Employee Performance Evaluation (Government Code Section 54957) Title: City Attorney 10.2 Anticipated Litigation - significant exposure to litigation pursuant to Government Code Section 54956.9(b): TWO potential cases. Existing Facts and Circumstances: Government Code Section 54956.9(b) (3) (A) Existing Litigation (Government Code Section 54956.9(a): Name of Case: 10.3 City of Dublin v. Dublin Land Co., et al., Alameda Superior Court Case No. V- 018100-2 10.4 City of Dublin v. Schork Family Trust, Alameda Superior Court Case No. V~ 019491~2 10.5 City of Dublin v. Dolan Lumber Co., et al., Alameda Superior Court Case No. V- 018100~Z 10,6 Standard Pacific v, City of Dublin, Alameda Superior Court Case No. V~019796~6 10.7 Lockhart v. City of Dublin, Alameda Superior Court Case No, V~01836Z~8 10,8 Pritchard v, City of Dublin, Alameda County Superior Court Case No, V~018364~6 REPORT ON CLOSED SESSION ACTION No reportable action taken, CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 155 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:00 p.m. A'ITEST: CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING March 20, 2001 PAGE 156