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HomeMy WebLinkAbout04-16-2002 Adopted CC Minutes REGULAR MEETING,- April 16, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. Conference with Legal Counsel- Anticipated Litigation - Government Code Section 54956.9(b)(1) - Facts and Circumstances: Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3) East Dublin Properties Stage ~ Development Plan, Annexation and Draft Supplemental Environmental Impact Report 2. Conference with Legal Counsel - Anticipated Litigation - Government Code Subdivision(c) of Section 54956.9- ONE potential case 3. PERSONNEL - Government Code Section 54957.6(a) - Conference with Agency Labor Negotiators Richard Ambrose, City Manager and Joni Pafdllo, Assistant City Manager- Unrepresented City Employees: Administrative Analyst II Administrative Aide Assistant Civil Engineer Administrative Analyst I Associate Civil Engineer Administrative Technician Associate Planner Assistant Planner Recreation Supervisor Community Safety Assistant Senior Administrative Analyst Engineering Technician I Senior Civil Engineer Engineering Technician II Senior Planner Finance Technician I Administrative Services Director Finance Technician II Assistant to the City Manager Heritage Center Director * Building Official Information Systems Technician City Clerk Office Assistant I Conununity Development Director Office Assistant II Economic Development Director Preschool Instructor Finance Manager Public Works Inspector Information Systems Manager Recreation Coordinator Parks & Community Services Director Recreation Technician Parks & Facilities Development Manager Secretary Planning Manager Secretary to the City Manager/Deputy City Clerk Public Works Director/City Engineer Senior Finance Technician Housing Specialist Senior Office Assistant Parks & Community Services Manager Senior Building Inspector Parks & Facilities Development Coordinator Heritage & Cultural Arts Supervisor A regular meeting of the Dublin City Council was held on Tuesday, April 16, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Lockhart. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 168 ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart invited Crystal Dunlop, Frederiksen Elementary School student, to lead the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action on closed session Item 1. The City Council will return to closed session to discuss Items 2 & $ after the regular meeting is adjourned. ACCEPTANCE OF GILTS TO CITY FROM ST. PATRICK'S DAY SPONSORS 7:02 p.m. 3.1 (150~70) Parks & Community Services Manager Paul McCreary presented the Staff Report and advised that the 2002 St. Patrick's Day Celebration was held on Saturday and Sunday, March 16 - 17, in downtown Dublin. Although the Festival dosed early on Sunday due to inclement weather, attendance still exceeded 30,000 people. The City received $24,250 in sponsorships for the weekend. In addition, the City received overwhelming support in the form of in~kind donations of goods and services from local businesses. Mr. McCreary named each of the sponsors that contributed toward the festival, and stated the sponsors would be recognized with a commemorative gift and certificate of appreciation. Mayor Lockhart thanked the participants for contributing to the St. Patrick's Day Festival and presented the gifts and certificates to those present. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council accepted the gifts and formally recognized the donors for their contributions. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 169 CERTIFICATE OF APPRECIATION 7:06 p.m. 3.2 (610-50) Mayor Lockhart presented a Certificate of Appreciation to Crystal Dunlop, a 5th grade student at Frederiksen Elementary, who enthusiastically volunteered over 10 hours of community service in the Mayor's Office as a requirement of the President's Education Award, of which she is currently in pursuit. Crystal assisted in several projects including the reception for visiting FDNY Firefighter Richard Dore, and the City's 20th Anniversary Celebration. CONSENT CALENDAR 7:07 p.m. Items 4.1 through 4.15 On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of April 2, 2002; Adopted (4.2 600-30) RESOLUTION NO. 44- 02 AWARDING CONTRACT FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES TO UNIVERSAL BUILDING SERVICES ($125,560) Authorized (4.3 600-30) Staff to issue a Request for Proposal (RFP) for Senior Center Design; Adopted (4.4 600-30) RESOLUTION NO. 45- 02 APPROVING AN AGREEMENT WITH ECONOMIC PLANNING SYSTEMS TO IDENTIFY A FINANCING MECHANISM FOR THE TRANSIT CENTER AND THE EAST DUBLIN SPECIFIC PLAN AREA and authorized the Community Development Director to sign the agreement on behalf of the City; CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 170 Adopted (4.5 670-40) RESOLUTION NO. 46 -02 SUMMARILY VACATING PUBLIC ACCESS EASEMENTS ENCUMBERING PARCELS 4, 5 AND 6 AND PUBLIC SERVICE EASEMENTS ENCUMBERING PARCELS 2, 4, 5 AND 6 OF TRACT 7148 (STREETS AND HIGHWAYS CODE CHAPTER 4) Authorized (4.6 600-35) Staff to advertise for bids for the Annual Slurry Seal Program, Contract No. 02~05; Accepted (4.7 600~35) work under Contract 01~11, City Facilities Lighting Retrofit, and authorized final payment to Amtech Lighting in the amount of $42,103.34, less retention to be paid in 35 days if no subcontractor claims are received; Adopted (4.8 600-50) RESOLUTION NO. 47 - 02 TRAFFIC CONTROL SERVICES AGREEMENT WITH THE STATE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR THE 1-5801TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT Adopted (4.9 600~40) RESOLUTION NO. 48 - 02 APPROVING AGREEMENT WITH THE DUBLIN SAN RAMON SERVICES DISTRICT FOR COOPERATION CONCERNING DUBLIN BOULEVARD WIDENING PROJECT AND CONSTRUCTION AND ACQUISITION OF RECYCLED WATER LINE, FIBER OPTICS CONDUIT AND ADJUSTMENTS TO VARIOUS APPURTENANCES CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 171 Adopted (4.10 350~40) RESOLUTION NO. 49 - 02 DECLARING SURPLUS EQUIPMENT and authorized Staff to proceed with transfer of property to Nationwide Auction Systems pursuant to the current agreement with the City; Received (4.11 320-30) the City Treasurer's Investment Report for the 3~a Quarter FY 2001~2002 showing the City's investment portfolio totaling $88,432,942, with funds invested at an average yield of 4.124%; Adopted (4.12 600~30) RESOLUTION NO. 50 - 02 APPROVING AMENDMENT TO AGREEMENT WITH CORDOBA CONSULTING, INC. FOR CONSULTING ENGINEERING SERVICES Received (4.13 330-50)Financial Reports for the Month of March 2002; Approved (4.14 600-35) Budget Change and authorize Staff to advertise for bids; Approved (4.15 300-40) the Warrant Register in the amount of $820,213.88. PUBLIC HEARING TOLL BROTHERS - DEVELOPMENT AGREEMENTS FOR DUBLIN RANCH AREA G (NEIGHBORHOODS H~I, H~Z: MH~I AND MH~Z): PA 01~009 7:10 p.m. 6.1 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this is the second reading of an Ordinance approving four (4) Development Agreements between the City of Dublin and Toll Brothers. This project is part of Dublin Ranch Area G and is CITY COUNCIL MINUTES VOLUME £ 1 REGULAR MEETING April 16, 2002 PAGE 172 comprised of 86.4 acres of medium high and high density residential, village center mixed uses, a neighborhood park and neighborhood square. A Development Agreement is required by the Eastern Dublin Specific Plan. Dublin Ranch Area G is located east of Tassajara Road and north of I~580. The project area is entirely vacant; however, grading has occurred to create the proposed lots and streets and some street pavement has been installed. Upon completion of the Development Agreement process by the City Council, building permits can be issued. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 2- 02 APPROVING FOUR DEVELOPMENT AGREEMENTS FOR PA 01-009 TOLL BROTHERS (TOLL CA II, L.P.) FOR NEIGHBORHOODS H1, H2, MH1 & MH2 OF DUBLIN RANCH AREA G PUBLIC HEARING DOWNTOWN CORE SPECIFIC PLAN AREA REZONING - PA 02~005 7:11 p.m. 6.2 (410~55/450~30) Mayor Lockhart opened the public hearing. Associate Planner Kristi Bascom presented the Staff Report and advised that this is the second reading of an Ordinance approving a City~initiated application to rezone parcels in the Downtown Core Specific Plan area from existing zoning districts C~ 1, C~2, and PD to Planned Development (Downtown Core Specific Plan) zoning district. The Downtown Core Specific Plan area is approximately 51 acres of land located north of Dublin Boulevard and west of the I~680 freeway. It contains several of Dublin's major retail establishments including Safeway, Dublin Honda, Target, Circuit City, and Expo Design Center as well as a mixture of smaller restaurant and service uses. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 173 The intent of rezoning the parcels within the Downtown Core Specific Plan area is to bring the zoning designation for the area into conformance with the land use designations contained in the Downtown Core Specific Plan, which was adopted by the City Council on December 19, 2000. The Planning Commission heard this item at its March 12, 2002, meeting and voted unanimously in support of the rezoning. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 3 - 02 AMENDING THE ZONING MAP TO REZONE PARCELS IN THE DOWNTOWN CORE SPECIFIC PLAN AREA FROM EXISTING ZONING DISTRICTS C-I, C-2 AND PD TO A PLANNED DEVELOPMENT (DOWNTOWN CORE SPECIFIC PLAN) ZONING DISTRICT PA 02-005 PUBLIC HEARING EASTERN DUBLIN PROPERTIES PLANNED DEVELOPMENT (PD) PREZONE (STAGE I DEVELOPMENT PLAN), PA 00~025 7:12 p.m. 6.3 (450~30) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff Report and advised that this is the second reading of an Ordinance approving an amendment to the City's Zoning Map to prezone the subject property to a Planned Development (PD) District and approving a Stage 1 Development Plan. The 1,120+ project area is located in an unincorporated area of Alameda County bounded by 1-580 to the south, Fallon Road to the west, and abuts the eastern Dublin City limit boundary. Approximately 472 acres of the project are area include within the City's Eastern Dublin Specific Plan boundary, while the remainder is within the 1903 Eastern Dublin General Plan Amendment area. The proposed Planned Development Prezone for the project area is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and Dublin Zoning Ordinance. The project will accommodate the logical extension of public services within eastern Dublin and will provide for future land uses anticipated in the Eastern Dublin Specific Plan and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 174 City of Dublin General Plan. No development can occur within this area until a Stage 2 Development Plan is approved and all of the mitigation measures of the Eastern Dublin EIR, as well as the newly certified Eastern Dublin Property Owners Revised Supplemental EIR, are complied with. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 4 - 02 AMENDING THE ZONING MAP TO PREZONE PROPERTY AND APPROVING A RELATED STAGE 1 DEVELOPMENT PLAN FOR 1,120 ACRES EAST OF FALLON ROAD, PA 00-025 PUBLIC HEARING AMENDMENT TO THE HERITAGE TREE ORDINANCE, SECTION 5.130 OF THE DUBLIN MUNICIPAL CODE, PA 0g~01$ 7:15 p.m. t3.4 (910-40) Mayor Lockhart opened the public hearing. Associate Planner Pierce Macdonald presented the Staff Report and advised that the Heritage Tree Ordinance, Chapter 5.130 of the Dublin Municipal Code, was adopted by the City Council in December 1999. On December 12, 2000, the Planning Commission approved a Heritage Tree Protection Plan and related pruning as part of the approval of the Brittany Lane/Black Mountain Development. The Tree Protection Plan was a requirement of the Heritage Tree Ordinance, and the pruning was a requirement of the City's Wildfire Management Plan. On December 19, 2000, City Council directed Staff to provide a detailed definition of terms currently within the Heritage Tree Ordinance. The City Council also questioned Staff regarding ambiguities in the text of the Ordinance. The Brittany Lane/Black Mountain project was appealed to City Council on December 21, 2000. Several of the grounds of the appeal were the alleged inadequacies of the Heritage Tree Projection Plan and the severity of the proposed pruning. At its January 113, 2001, the City Council heard the appeal, continued the public hearing and directed CITY COUNCIL MINUTES VOLUME 9.1 REGULAR MEETING April 16, 2002 PAGE 175 that the project be redesigned to minimize impacts to the heritage trees on site. The City Council also directed Staff to look at ways to modify the Wildfire Management Plan, taking heritage trees into consideration. Subsequently, the City Council approved amendments to the Wildfire Management Plan at its February 20, 2001 and March 5, 2002 meetings. The purpose of this amendment is to provide the clarification requested by the City Council on December 19, 2000 and during the Brittany Lane/Black Mountain appeal; to make the Heritage Tree Ordinance consistent with the amended Wildfire Management Plan; and to increase the penalty for illegal destruction of a Heritage Tree. The amendment consists of both substantive changes to the text and general changes to word choices. Cm. McCormick referred to Ordinance Section 5.60.50(b)(2) ~Tree R~emoval Permit, Exceptions, and asked if, for example, a developer wanted to put $00 houses on a lot where a heritage tree stands, would that meet the exception requirement? Who would set the parameters? Ms. Mcdonald indicated that more review would be necessary before the decision was made. City Manager Richard Ambrose clarified that the City Council would make the decision during its consideration of a Planned Development Rezone request. Cm. McCormick asked if the heritage tree(s) would be identified as part of the application request? Mr. Ambrose confirmed that the heritage tree issue would be identified given the proposed ordinance so that the Council could make an informed decision as to how to deal with the particular situation. Cm. McCormick asked if a person would be required to pay twice the cost of an illegally cut heritage tree7 Ms. Mcdonald confirmed that one of the proposed changes is an increase in the penalty to twice the appraised value of the tree that was illegally removed or destroyed, or even effectively removed by severe pruning. Cm. McCormick asked if they would have to replace the removed tree, as well. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 176 City Attorney Elizabeth Silver advised that the ordinance required the replacement of the tree, as well as payment of the penalty. Cm. Sbranti asked if, since the ordinance has been enacted, there have been circumstances where trees have been illegally removed or threatened by developers or individuals? Mr. Ambrose indicated that there was a situation while developing the ordinance, but was unsure since the adoption of the ordinance. Planning Manager Jeri Ram indicated that since the development of the ordinance, Staff has reviewed removal requests, but have not dealt with illegal removals. Cm. Sbranti asked if all of the heritage trees in the City have been identified. Ms. Ram indicated no, however, heritage trees are documented as they are found. Cm. McCormick clarified that when a developer is granted permission to remove tree(s) during the permit process, does the developer have to plant similar tree(s) on the property to replace the removed tree(s)? Mr. Ambrose indicated that it would be a condition of the development. For example, prior to this ordinance when the Hansen Hill project was developed, the Council made an informed decision with respect to the number of trees that were on the site and they recognized that, in order to build that development, some of those trees needed to be removed. The developer was required, as a mitigation measure, to do a certain amount of replanting. Mr. Ambrose further advised that in a situation when a developer is proposing a development plan for vacant property, those development plans usually end up on the City Council's agenda. There are mitigation issues that the Council can evaluate and make determination on a case~by~case basis. Cm. Oravetz clarified that the ordinance applies to both homeowners and developers and no one could cut down heritage tree without permission. He felt that Dublin residents need to be made more aware of this information and recommended an advertising campaign. The Council discussed the issue and thought it could be advertised on the City's website, in the yearly newsletter and the recreation brochure. CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING April 16, 2002 PAGE 177 An unidentified audience member asked which trees where considered heritage trees. Ms. Silver advised that a heritage tree is any oak, bay, cypress, maple, redwood, buckeye or sycamore tree which has a trunk or main stem of 24" or more in diameter when measured 4' 6" above the natural grade. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and scheduled the 2~ reading of the Ordinance for the May 7, 2002 City Council meeting. REQUEST FOR PROPOSAL FOR DEVELOPMENT OF SENIOR HOUSING AT 7606 AMADOR VALLEY BOULEVARD 7:26 p.m. 8.1 (430-50) Housing Specialist Julia Abdala presented the Staff Report and advised that on February 19, 2002, the City Council received a report from Staff, which indicated that it was physically feasible to located senior housing on the same site as the proposed new Senior Center. The City Council proceeded with an alterative which would result in the demolition of the existing Library building to develop a new Senior Center, and further directed Staff to conduct further studies on the fiscal feasibility of developing senior housing at 7606 Amador Valley Boulevard, the current site of the Library. Ms. Abdala advised that Staff evaluated the merits of conducting a study that would focus on the feasibility of constructing senior housing on this site versus proceeding with a Request for Proposal (RFP) for qualified developers who could provide a reasonable financial plan and specific development plan for construction of senior housing. It is Staff's opinion that proceeding with the RFP for a qualified developer will yield more accurate information and enable the City to proceed more quickly with the development of senior housing on the old Library site. Responses to the RFP will also help the City determine whether the senior housing can be built at the same time as the construction of the Senior Center or built as a separate project. Cm. Zika asked if the RFP would go out to both profit and non-profit groups, ask for various sizes with a mix of affordable and market rate units, and be based on what type of HUD money and credits are available, etc? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 178 Ms. Abdala indicated that the developers would be given the parameters, such as the lot size and what is required for the senior center, and would be asked to respond to the affordability mix, what kind of funding they foresee, and how they would approach the project. Cm. Zika stated he didn't see anything in the RFP indicating that the City would consider putting some funds in the project. Ms. Abdala advised that the RFP's cover letter indicated if the developer planned to request money from the City, they would need to justify the requested funds from City. Mr. Elphi Abulencia, Linden Street, was curious as to the project value in terms of dollars and the timeline of the project. Ms. Abdala indicated that the developers would determine the project value, and the timeline would depend on the funding requirements. Mr. Abulencia asked if the City would help pay for the project, and if so, would money be included in next year's budget? Mayor Lockhart indicated that money has been set aside for affordable housing, however, the City is requesting that nonprofit and for-profit developers come forward and show the City what they might be able to build on that site with or without the City's help. We will examine all of the proposals received and then decide whether it would be a project that would qualify to use some City funds or if the developer could fund the project themselves. Bruce Fiedler, Hemlock Street, distributed a list of the pluses and minuses of building a senior center and senior housing on the same site, and encouraged the Council to approve the RFP process. One minus of doing two facilities on one site is that everything would be more compact. A plus would be an affordable housing price for seniors. This is a good site in that it is near current and future transportation and a variety of shopping. He estimated that if both facilities were built at the same time, as much as half a million dollars could be saved. Construction savings could go toward higher quality furniture, etc. He recommended using current affordable housing funds toward this project. Cm. Zika felt it would be a problem to delay the senior center while trying to get funds for the senior housing because the timing for federal or state credits was unknown. MayOr Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 179 On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council directed Staff to proceed with the RFP'to invite responses from qualified area developers on the development of senior housing at 7606 Amador Valley Boulevard. REPORT ON FIREWORKS COMMITTEE RECOMMENDATIONS 7:45 p.m. 8.2 (650~60) Sgt. Carla Kennedy presented the Staff Report and advised that in recent years the City has experienced an increase in the use of illegal fireworks, as well as Safe and Sane fireworks in many of the City's parks, schools and private business parking lots. This increase has resulted in complaints from business owners and residents due to the noise, garbage, and the use of illegal fireworks. During the July 4, 2001 holiday, Dublin Police Services and Alameda County Fire experienced a marked increase in calls for service related to the use of fireworks, specifically regarding illegal fireworks and aerials being ignited. Dublin Police received 22 calls for service on July 4, 2001 between 5:00 p.m. and 1:00 a.m. The increase in calls, discarded refuse, damaged property and safety issues, prompted the City Council, at its September 18, 2001, meeting to direct Staff to develop a Committee to address and make recommendations regarding the use of fireworks in Dublin. The Fireworks Committee, consisting of members of City Staff, community representatives, local fireworks promoters and other interested parties, developed several recommendations for Council consideration. Recommendation # 1 provides for designated areas (Shannon Park, Dublin Sports Grounds and Emerald Glen Park) be offered for public use on July 4th. Notices would be posted at fireworks booths stating that only these three parks would be open and available to ignite Safe and Sane fireworks. Proper waste disposal containers will be provided and police officers will be assigned to all three parks. Recommendation #2 provides for penalty modifications and "zero tolerance" for violations, with a fine of $271 for the first offense. Recommendation #3 provides for a public safety and educational campaign. If the City Council desires to implement the Committee recommendations, an additional cost of $7,660 would result. The Committee was unable to reach consensus concerning responsibility for the additional costs associated with implementation of these recommendations and was asking for Council direction. Cm. McCormick asked if the 22 "bundled calls" meant dispatch received many more calls? CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING April 16, 2002 PAGE 180 Sgt. Kennedy indicated yes, many more calls. Dispatch combines or "bundles" calls from sections of the City when they are inundated with calls regarding the same issue. Cm. Sbranti asked if there was any speculation as to why there was a noticeable increase in calls last 4th of July? Sgt. Kennedy advised that other cities had stopped selling fireworks, and surrounding cities have posted "zero tolerance" signs. As a result, more people are coming to Dublin to set off fireworks. Mr. Ambrose indicated that most of the Police contacts from last year were with people from out of town. Elphi Abulencia, Linden Street, asked the difference between legal and illegal fireworks. Sgt. Kennedy indicated that Dublin allows the sale of legal Safe and Sane fireworks that are allowed by California to be made by certain companies. Illegal fireworks include aerials, firecrackers, torpedo~style fireworks, roman candles, etc. Mr. Abulencia asked if the ordinance was for 4th of July only. He remembered fireworks being set off on New Years' Eve. Mayor Lockhart indicated that we had a special ordinance that allowed for fireworks for New Years' Eve 2000. However, they are not normally allowed any other time other than 4th of July. Mr. Abulencia asked if the sellers of illegal fireworks would be penalized, as well as the users? Mayor Lockhart indicated that anyone in possession of illegal fireworks would be penalized. Dennis Revell, appearing on behalf of American Promotional Events, advised that his client was the fireworks wholesale distributor to 9 of the 11 non-profit groups in Dublin. He referred to his letter, which was included in this Staff Report, and discussed the rise in the sale and use of illegal fireworks in California. The State Fire Marshal suspected stores in Nevada, Mexico and Indian reservations in Oregon and Washington of selling these fireworks. He discussed how these illegal fireworks are ending up in California. He then distributed an information sheet breaking down the revenue information to Council, and explained that fireworks are a consignment item. The group is assigned a wholesale price on the amount of product they are given. Based upon the items that are returned, CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 181 estimated gross sales can be projected- presuming there was no theft of the product, the product was sold at full retail price, and none of the product was given away. The information sheet indicated that the 11 non-profit groups generate approximately $754,139.76 in gross sales; $7,541.39 in sales tax for the City of Dublin (1%); $4,290 in income for the City of Dublin from inspection and license fees; $2,200 in refundable clean-up bonds to the City; and they collectively generate approximately $331,821 (44% of gross) net income that is reinvested into the community. Mr. Revell further indicated that his client requires, as a condition of the contract before delivery of the product, that the non-profit organization provide certification that they have their Board of Equalization number. His client has provided those BOE numbers to the City, and it is his understanding that the City has access to a database to ascertain as to whether or not the groups are accurately reporting. American Promotional Events would be happy to work with the groups to continue to track the reporting to make certain the City is getting the revenue that is collected on those sales. Furthermore, American Promotional Events is currently expending approximately $7,500 in Dublin in public education costs. They and Phantom Fireworks are proposing to double that amount and work with the Committee and City Staff to make July 4th 2002 as safe as possible. Cm. Oravetz asked if American Promotional Events and Phantom Fireworks were contributing $7,500 each? Mr. Revell indicated that it would be $7,500 together. Proportionately, American Promotional Events will pick up the equivalent of 9/11th of that amount. Cm. Oravetz clarified that American Promotional Events was asking the City to match the $7,500 using monies from the 1% earned from sales tax. Mr. Revell agreed and indicated it's a trade-off for services that are already being delivered by the City. The City is also collecting $2,460 in inspection fees and $1,700 in license fees, but services are being delivered for that. The Staff Report just dealt with these excess services. It was the non~profit groups and the industry's position that it was virtually a trade-off, assuming that with all these caveats that we have this kind of gross income in the City of Dublin, and that the groups are accurately reporting it to the Board of Equalization. Mr. Ambrose advised that we have looked at our sales tax database, which the BOE allows us to use, to make certain we are collecting what we're supposed to collect. Based on review by both City Staff and our sales tax consultant, Staff could only find a record of CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 182 payment of sales tax for 2 of the 11 groups. Consequently, Staff will be working with our nonprofits this year to make sure that the sales tax is paid. Cm. Zika felt it would be found that many of the clubs had paid their sales tax, but we hadn't found the right name to search in the database. Mr. Ambrose indicated that it was possible, but the permit numbers had also been run with no success. Mr. Revell offered various reasons why the numbers weren't showing up easily, including the possibility that an affiliated organization reported through its main organization board number, so it may be paid in with other monies. His company encourages the local non-profits to get an individual BOE number. He suggested the City require the non-profit groups to provide that kind of verification for easy tracking. Mayor Lockhart thought that it was a good suggestion that the non-profits get an individual permit, and not pay under the parent organization. Cm. Zika liked the three Staff recommendations, but saw no reason to ask the booths or the firework vendors to contribute any more than promised in the report since most of the money goes back into the community. Unless we start to charge commercial businesses for holiday police service, we shouldn't charge the non-profits now. Cm. Oravetz liked the idea of posting signs at booths to say which public parks were available for legal fireworks displays, and that all other public locations were off limits and subject to penalties. Cm. Zika indicated that it was the Committee's suggestion to post signage at each booth with a map on the back showing the park locations. The Committee also suggesting extra police posted at each site, as well as an extra fire truck touring around to discourage the use of illegal fireworks. The Council discussed and agreed that directing non-residents to the three parks for legal fireworks would help contain the influx of non-residents coming into Dublin. Mayor Lockhart expressed concern for the Dublin residents who live in multi-family dwelling units and don't have a front yard for legal fireworks displays. She offered the example of residents near Alamo Creek Park. Are we going to tell them they can't use their neighborhood park? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 183 Mr. Ambrose indicated that if the Council desired, we could expand the use of parks, but the costs would go up. The Council concurred with Mayor Lockhart's suggestion to include Alamo Creek Park, and agreed to advertise the four parks being open to public use of Safe and Sane Fireworks from 10 a.m. - 10 p.m. on July 4th only. Mr. Ambrose indicated that Staff would come back to Council, if necessary, with a budget change when the additional costs to include Alamo Creek Park had been calculated. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council approved Staff recommendations, including the modification to include Alamo Creek Park, and directed Staff to return to Council with the appropriate budget change. CITY SEAL USE POLICY 8:15 p.m. 8.$ (610-20/120~10) Assistant to the City Manager Julie Carter presented the Staff Report and advised that, at its September 18, 2001, the City Council granted use of the City Seal to the Women's Club of Dublin for a 20th anniversary commemorative tapestry throw. At that time, the City Council directed Staff to develop a formal City Seal Use Policy in order to clarify the City's intent with regards to the use of the Seal. The draft resolution states that the City Seal is to be used exclusively for City activities unless expressly authorized by the City Council, and the use of the City Seal will be considered on a case-by-case basis and on such criteria as the City Council deems appropriate. Cm. McCormick clarified that non-profit groups would need Council authorization. Ms. Carter agreed, indicating that the use of the Seal for City-sponsored events would not need to come before Council. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 51 - 02 ESTABLISHING A POLICY REGARDING USE OF THE CITY SEAL IN CONJUNCTION WITH NON-CITY ACTIVITIES CITY COUNCIL MINUTI~$ VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 184 OTHER BUSINESS Mayor Lockhart suggested that, starting at the next Council meeting, Councilmembers give a very brief report on different meetings attended. This would help residents understand what the Council is dealing with at committee level. Mr. Ambrose reminded the Council that a Dougherty Regional Fire Authority meeting would be held at 6:00 p.m. on Tuesday, April 25~a in San Ramon. Mr. Ambrose thanked Diane Ix>wart, Paul McCreary, and their Staff for the outstanding job of planning the Ted Fairfield Park Dedication. It was a very successful event. Mayor Lockhart introduced and welcomed new Assistant City Manager, Joni Pattillo. Cm. Oravetz indicated that he would be attending the East Bay Division of the League of California Cities meeting on April 18th. He then thanked two Dublin residents, Jimmy and Yvonne Tiu owners of the newly renovated AM/PM convenience store on Village Parkway. They gave away over 75 prizes during the grand opening event. Cm. Zika indicated that he recently attended the Tri~Valley Convention & Visitors Bureau function in Pleasanton. The new TVCVB Executive Director outlined new procedures. He also attended a very productive Affordable Housing Taskforce meeting. Cm. Sbranti commended Council, Staff and Toll Brothers on the Toll Brothers Development. It is a development with distinction and the townhomes are much needed in Dublin. Cm. McCormick distributed gifts to Councilmembers for Dublin Pride Week, which starts Saturday, April 20th. She invited the Council and Dublin residents to join at Alamo Creek Park at 9:00 a.m. to clean the creek. The Lion's Club will host a free BBQ for volunteers. She hoped that residents would take advantage of Livermore Dublin CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 185 Disposal's offer to pick up extra trash on their regular trash day. The Dublin Pride Week Kick-Off also falls on Earth Day. Mayor Lockhart advised that the Breakfast with the Mayor, which was hosted by the Chamber of Commerce and McNamara's Restaurant, was very well received. She thanked Chris Foss, Economic Development Director, for his help with the program. Mayor Lockhart invited the Council to attend the DPIE Annual Teachers' Grant Award Program on April 30, 5 - 7 p.m., at City Hall. DPIE is offering almost $20,000 to support District teachers with selected proposed programs. Cm. Sbranti reminded everyone that the DPIE Student Art Auction would be held May 10th at the Monarch Hotel from 6~ 10 p.m. It is one of DPIE's biggest annual fundraisers. Mayor Lockhart announced that she was going to New York City the week of April 22na to represent the City of Dublin and the West Coast at the New York City Firefighter Memorial Event. She will attend the event at the invitation of our own FDNY Firefighter Richard Dore, whom we hosted as a guest last month. Related to that, NDNY Firefighter Rich Dore brought us a flag that had flown over the World Trade Center. A special flag ceremony, to replace the U.S. Flag currently flying in front of City Hall, is scheduled for May 7th prior to the Council meeting. It will take place at 6:00 p.m. in front of City Hall by the flagpole. Music will be provided by the Dublin High Marching Band and the flag will be posted by the Alameda County Fire Department Color Guard. CLOSED SESSION At 8:30 p.m., the Council reconvened to its Closed Session. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 186 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 16, 2002 PAGE 187