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HomeMy WebLinkAbout10-15-2002 Adopted CC Minutes REGULAR MEETING - October 15, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. Conference with Legal Counsel- Existing Litigation- Government Code Section 54956.9(a) Name of Case - l_ivermore Area Recreation & Park District v. City of Dublin, Alameda County Superior Court No. 2002049773 A regular meeting of the Dublin City Council was held on Tuesday, October 15, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart stated the Council authorized the City to intervene in the LARPD and LAFCo proceedings and authorized the filing of a response to the complaint. PRESENTATION BY PARKS & COMMUNITY SERVICES STAFF ON HERITAGE AND CULTURAL ARTS IN THE CITY 7:07 p.m. 3.1 (910-80) Diane Lowart, Parks & Community Services Director, presented a report on heritage and cultural arts in the City, indicating that the Heritage and Cultural Arts Division of the CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 514 Parks & Community Services Department preserves Dublin's heritage and promotes the arts. The main focus of the City's heritage is the Dublin Heritage Center comprised of the Old St. 'Raymond Church, the original Murray Schoolhouse and the Dublin Pioneer Cemetery. New programming at the Heritage Center includes a Community Choir and a Community Band. The Heritage Center's most recent renovation project is the reconstruction of the Old Murray School Bell Tower, which is scheduled for completion in December 2002. Numerous City~funded visual art projects are currently underway around the City, including: the Historic Crossroads Mural; Bus Shelter Art Project; Street Banner Art Project; Art in the new Library; and Art in the new Senior Center. Public Art projects underway on private property include: the Clock Tower at the Downtown Safeway; Metal Sculptures at Archstone Dougherty Road; and Tile Pyramid at the Waterford Shops. The City also has successfully partnered with the Dublin Fine Arts Foundation for the "Art in the Park" program, installing artwork in many of the City's parks. Artwork for Emerald Glen Park has been approved and art will be included in the Dublin Ranch Area G Neighborhood Park with design scheduled to begin this fall. Cm. Sbranti asked how the response has been for the community band and choir? Ms. Lowart indicated that there have been several responses. There are about 20 in the choir now, which will make its debut at holiday tree lighting ceremony. More band members are needed to even out the instruments. APPOINTMENTS TO THE ART SELECTION COMMITFEE - SENIOR CENTER ART PROJECT 7:15 p.m. 3.2 (110~$0) Theresa Yvonne, Heritage and Cultural Arts Supervisor, presented the Staff Report, advising that at its September 17, 2002, meeting the City Council approved the formation of a seven member Art Selection Committee for the Senior Center Art Project. Two applications were received for senior community members and no applications were received for the community members at~large. The Mayor recommends appointing Lolita B. Littau and Bernice Bywater as the senior community members and Vice Mayor Claudia McCormick and Richard Guarienti as the at~large members. Additionally, the Mayor recommends appointing Mary Beth Acuff to represent the CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 515 Heritage & Cultural Arts Commission, Betsy Zajac to represent the Parks & Community Services Commission and George McHugh to represent the Senior Center Advisory Committee. Cm. Sbranti suggested that future art selection committee members should be recruited from the high school and middle school. Mayor Lockhart agreed and suggested including a student committee member in future art selection committees. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the City Council confirmed the Mayors' appointments to the Senior Center Art Selection Committee. PROCLAMATION 7:18 p.m. 3.:3 (610~50) Mayor Lockhart read a proclamation declaring October 20-26, 2002, as "Red Ribbon Week," and encouraged all citizens to participate in tobacco, alcohol and other drug prevention programs and activities. The proclamation was presented to McGruff the Crime Fighting Dog, who thanked the City Council and distributed red ribbons with the help of Sgt. Randy Skarphol. CONSENT CALENDAR 7:23 p.m. Items 4.1 through 4.10 Item 4.3 was pulled from the agenda by Cm. McCormick. On motion of Cm. Zika, seconded by CM. Sbranti, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Special Meeting of September 23, 2002, and the Regular Meeting of October 1, 2002; CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING October 15, 2002 PAGE 51 6 Adopted (4.2 670-40) RESOLUTION NO. 187 - 02 APPROVAL OF EASEMENT CONVEYANCE FOR PUBLIC UTILITY AND RIGHT-OF-WAY TO DUBLIN SAN RAMON SERVICES DISTRICT ACROSS PARCEL 2 OF PARCEL MAP 7708 (SANTA RITA PROPERTY, EMERALD GLEN FIRE STATION NO. 17) and authorized the Mayor to execute the Grant of Easement; Adopted (4.4 700-20) RESOLUTION NO. 188 - 02 AMENDING THE CLASSIFICATION PLAN (CODE ENFORCEMENT OFFICER) and RESOLUTION NO. 189 - 02 AMENDING THE SALARY PLAN (CODE ENFORCEMENT OFFICER) Approved (4.5 330-20) Budget Changes related to Budget carryovers from FY 2001 ~02 to FY 2002-03; Received (4.6 320-30) Annual Investment Policy Report; Authorized (4.7 600~30) Staff to distribute RFP for the Eastern Dublin Properties Resource Management Plan (RMP); Received (4.8 330-50) Preliminary Financial Reports for the Months of August and September 2002; CITY COUNCIL MINLVFES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 5 ] 7 Adopted (4.9 600-30) RESOLLVI'ION NO. 190 - 02 AUTHORIZATION FOR A THREE-YEAR CONTRACT WITH TELEPACIFIC COMM~CATIONS FOR CIVIC CENTER AND SHANNON CENTER PRI TELEPHONE SERVICE and authorized the City Manager to execute the Agreement; Approved (4.10 $00~40) the Warrant Register in the amount of $3,598,596.83. Cm. McCormick pulled Item 4.3 related to Windemere construction trucks along Dougherty Road and expressed concerned regarding damage to the road. Would 400 trucks per day volume peak covered by traffic control officers? Public Works Director Lee Thompson indicated that 400 trucks was not as much as it seems, and doesn't anticipate the volume will overIy interfere with traffic. Mayor Lockhart asked if Dougherty Road was Windemere's only route to its project? Mr. Thompson advised that it was the most direct route, and noted that Dougherty Road is a public road. The agreement would cover all damage. Cm. Oravetz asked how often the potholes would be paved? Mr. Thompson indicated that citizen~reported potholes were filled the next day. Staff does a visual inspection every three months looking for pavement failures. Cm. Oravetz suggested a visual inspection be done on a monthly basis. Mr. Thompson advised that Windemere is charged for filling the potholes and agreed that the inspection could be done more often. On motion of Cm. Oravetz, seconded by Cm. McCormick and by unanimous vote, the Council adopted (4.3 600-30) RESOLUTION NO. 191 - 02 APPROVING CONSTRUCTION TRUCK ACCESS AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 5 ] 8 and authorized the Mayor to executed the Agreement. OVERSIZED VEHICLE PARKING ON RESIDENTIAL STREETS 7:29 p.m. 5.1 (570-20) Lt. Glenn Moon, Police Services, presented the Staff Report, indicating that a letter to the Mayor and City Council was received on September 10, 2002, from a group of residents of the Willow Creek Subdivision in Dublin. The letter described their safety concerns attributed to the parking of recreational vehicles and other oversized vehicles in the area of Shady Creek and Alamo Creek Park. The letter requested that the City adopt an Ordinance that would address the issue of recreational vehicle and oversized vehicle parking in the City of Dublin. In 1986, the City of Dublin adopted its current Recreational Vehicle Ordinance, which regulates off-street parking of recreational vehicles. This ordinance does not address the issue of the parking of commercial, oversized and non-motorized vehicles on City streets; but relied on the 72-hour ordinance to address the problem of long-term parking. A review was conducted of several City ordinances from jurisdictions throughout California who have been successful in adopting specific Oversize Vehicle and Non- Motorized Vehicle Ordinances. The City of Costa Mesa's recently adopted ordinance covered the parking of commercial, oversize and non-motorized vehicles on all city streets, and contains the following restrictions: No parking of commercial vehicles over 5 tons over 3 hours except for loading and unloading; No parking of non-motorized and recreational vehicles/campers in residential areas for more than 48 hours, with an additional 24 hours is allowed on a permit basis from the police department; No parking of oversized vehicles within 45 feet of an intersection; and Vehicles parked on the street for the 48-72 hour permitted period must then be moved from the City limits for a period of at least 48 hours. Staff recommended that an advisory committee be created in order to evaluate the feasibility of adopting an Oversized Vehicle Ordinance ff Council so desired, and asked for Council direction regarding this matter. Cm. McCormick asked for the definition of "oversized vehicle." CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 51 9 Lt. Moon advised that an oversized vehicle would be 22 feet in length or 7 feet in width or 7 feet in height. Mayor Lockhart asked about commercial vehicles. Lt. Moon indicated that Dublin's present Commercial Vehicle Ordinance does not allow commercial vehicles in residential areas unless loading or unloading, with a 5-ton or 10,000 lb. limit. Most recreational vehicles don't reach the 5-ton limit. The adoption of an ordinance for oversized vehicles needs to be adopted to cover allCity streets, not just the residential area. Otherwise, people will move their oversized vehicle out of the residential area into the commercial area, and then move it back. Staff suggests the vehicles be moved from City limits for a period of 48 hours. Mayor Lockhart asked how the ordinance would be monitored? Lt. Moon indicated that the Traffic Division of Dublin Polices Services is in tune to these vehicles already through citizen complaints. An ordinance would establish procedures, including a warning placard on the vehicle, and vehicle tracking. Cm. Zika asked if Dublin already had a Commercial Vehicle Ordinance? Lt. Moon indicated yes, an ordinance was adopted several years ago regarding major commercial vehicles (semi-trucks with trailers) on certain commercial streets, as well as restrictions on residential streets. These vehicles have a three~hour parking limit in restricted areas and cannot be parked overnight. Cm. Zika stated that Police Services is not doing good job of enforcing that ordinance now. Two dump trucks have been parking on Village Parkway for the past two weekends. City Manager Richard Ambrose asked where on Village Parkway the dump trucks were parked. The Commercial Vehicle Ordinance prohibits parking in residential districts, and certain restricted commercial areas. Some commercial areas allow for commercial vehicle parking. Cm. Zika indicated that the proposed ordinance amendment should exclude parking commercial vehicles along all of Village Parkway. Lt. Moon recommended that the ordinance encompass both commercial and oversize vehicles. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 520 Mayor Lockhart advised that she always receives complaints about people bringing home work vehicles with trailers attached, and asked if the proposed ordinance would cover commercial vehicles parked in front of an employee own home? Lt. Moon indicated yes, if it falls under tonnage limit. This ordinance would allow for vehicles under 10,000 lbs and moved daily, so it wouldn't apply to that situation. Cm. Oravetz asked what happened to the camper on Shady Creek Road that instigated the neighborhood letter? Lt. Moon indicated that the vehicle stayed in place over 72 hours and was towed; however, it took several weeks to achieve that. Cm. Oravetz asked if the whole curb area on Shady Creek where this vehicle was parked could be painted red? Lt. Moon advised against that suggestion; it would take away too much parking for the park. Although an oversized vehicle on that portion of the road would cause safety concerns, regular vehicles would not. Mayor Lockhart read a letter submitted by 10 residents on Burnham Way and. Frederiksen Lane, encouraging the Council to form a taskforce to consider amending the current ordinance. Mayor Lockhart read a speaker slip submitted by Jefrey Watts, Frederiksen Lane, who supported the concept of an ordinance against oversized vehicles parking on residential streets. Mayor Lockhart read a speaker slip submitted by Yvonne Nickles, Burnham Way, who supported the formation of a committee to discuss an ordinance amendment. Kathleen Robinson, Frederiksen Lane, encouraged the Council to review the Municipal Code section regarding parking motor homes on private property, and alleged that a motor home was parked in the driveway of a neighbor's house to provide housing for transient workers for a local fast-food restaurant. She distributed photos to the Council of the motor home. Cm. Sbranti recommended that, for safety and aesthetic reasons, the Council establish a committee to look at on-street and off~street parking for all oversized commercial and recreational vehicles. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 521 Mr. Ambrose reviewed the current ordinance, which prohibits commercial vehicles in residential district, and those in excess of 3 tons on any street, with several exceptions including delivery trucks, passenger buses, public utility vehicles, school buses, and garbage/recycling trucks. Currently, the Commercial Vehicle Ordinance in residential districts does not have a size limitation, but has a weight limitation of 3 tons. Commercial districts are affected by other sections of the code, depending on how the streets are posted, the weight of the vehicle, etc. In terms of residential areas, Council has discussed the issue before and has prohibited vehicles based on weight. Mayor Lockhart asked the size of the motor home shown in the photo? Lt. Moon advised that the majority of motor homes are built light for fuel economy, and offered to look into the weight capacity of the vehicle in photo. Mr. Ambrose indicated that the current ordinance was precipitated by owner-operators of trucking businesses parking their rig on the residential street in front of their homes. The Council initiated and adopted the ordinance to preclude those types of commercial vehicles in residential districts. Cm. Sbranti asked if Council could direct a committee to review the existing ordinance and the new issue about oversized vehicles parking on residential streets? The Council and Staff discussed the scope of the committee, and how the meetings would be held. It was suggested that community input be derived from a series of town hall meetings, with an advisory committee with representatives from both sides of the issue, discussing and making recommendations. Cm. McCormick expressed a desire to really define the scope of the committee. The commercial area may not need to be looked at right now. Cm. Sbranti suggested that the committee look at the issue of oversized vehicle parking on residential streets. As a separate issue, the Council could review and consider the issue of commercial vehicle parking in commercial districts at a future Council meeting. Cm. Zika felt that the Council still needed to consider off-street oversized vehicle parking in residential areas, as well as on-street parking. Lt. Moon indicated that Dublin's current Recreational Vehicle Parking Ordinance is part of the Zoning Ordinance, which dealt with designated off-street parking areas (driveway, paved area next to the roadway, rear yards, etc.) in private residences. He recommended any established committees dealing with on-street parking, and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 522 commercial parking, should be handled separately from parking on private property because it would be too cumbersome. One is a private property zoning issue; the other is a traffic and a street issue. Cm. Oravetz made a motion to form an advisory committee in order to evaluate the feasibility of adopting an Oversized Vehicle Ordinance. The Committee should be made up of representatives from Police Services, Planning Department, Traffic Safety Committee, and community members appointed by Mayor Lockhart. Cm. McCormick seconded the motion for discussion. Cm. McCormick clarified that a committee would be created to look at one item: residential on-street parking. The other two issues, commercial vehicles parked in commercial districts and on-site RV parking, are problems that should be dealt with by the Council. The Council concurred and indicated a desire for the issues to come back to Council in a timely manner. Mr. Ambrose advised that most of the complaints received by Staff were regarding inoperative vehicles on private property or on the public street; few complaints are received with respect to commercial vehicles parked on commercial streets. He asked Council's permission to look specifically into Cm. Zika's complaints to ascertain whether or not it's in compliance with our current ordinance. Cm. Zika agreed. Mayor Lockhart stated that it might resolve that particular issue; however, it is obvious that the oversized vehicles on private property zoning issue needs to be considered by Council. The Council concurred and directed Staff to prepare a Staff Report for a Council meeting in the near future regarding oversized vehicle parking on private property. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council accepted Staff's recommendation to establish a Committee, which would be advertised to the public, and set up a series of town hall meetings to discuss the issue of on-street parking of oversized vehicles in residential areas. CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING October 15, 2002 PAGE 523 PUBLIC HEARING ORDINANCE AMENDING SECTION 1.04.070 AND ADDING SECTION 1.04.75 TO THE DUBIJN MUNICIPAL CODE RELATING TO CLAIMS 8:02 p.m. 6.1 (170~10) Mayor Lockhart opened the public hearing. Assistant City Attorney Kit Faubion presented to Staff and advised that this is the second reading of an Ordinance which would require that each person (rather than a representative claimant representing all similarly situated persons) seeking money or damages from the City, first submit a claim to the City. This ordinance would not prevent the refund of monies or payment of damages or prevent any person with a legitimate claim from obtaining relief. It would merely require each person seeking relief to file a claim prior to bringing a lawsuit. New section 1.04.075 would apply the same requirements to claims thatare subject to Tort Claims Act, but only if such claims are claims for refunds from the City. It is designed to avoid administrative expenses that benefit neither the claimants nor the City and to provide refunds quickly and efficiently to those that want them ff their claims are meritorious. 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. McCormick, and by unanimous vote, the CoUncil adopted ORDINANCE NO. 17 - 02 ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 1.04.070 AND ADDING SECTION 1.04.075 TO THE DUBLIN/~dUNICIPAL CODE RELATING TO CLAhMS' PUBHC HEARING AMENDMENT TO THE SMOKING POLLUTION CONTROL ORDINANCE 8:04 p.m. 6.2 (560-90) Mayor Lockhart opened the public hearing. Administrative Analyst Jason Behrmann presented the Staff Report and advised that this is the second reading of an ordinance which would bring the existing provisions of Chapter 5.56 of the Dublin Municipal Code regulating smoking into conformity with CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 524 recent changes in State Law and add additional permissible restrictions on smoking in enclosed and unenclosed public places and places of employment. The amendments would change the ordinance as follows: · Prohibit the retailing of tobacco products or tobacco paraphernalia by means of a self-services display. · Prohibit smoking in outdoor dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place. · Prohibit smoking within a reasonable distance form any unenclosed area in which smoking is prohibited and the main entrance of any enclosed area in which smoking is protu'bited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited. Reasonable distance is defined as a minimum of 15 feet. · Prohibit smoking in common areas of multi-family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes. · Require the posting of no-smoking signage outside a building entrance. · Prohibit smoking within 25 feet of children's play areas as defined by State Law. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. McCormick and by $ - 2 (Zika and Oravetz opposed) vote, the Council adopted ORDINANCE NO. 18 - 02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING AND REGULATION OF SALES OF TOBACCO AND RELATED PRODUCTS PUBHC HEARING ASSESSMENT FOR WEED AND REFUSE ABATEMENT 8:08 p.m. 6.3 (540-50) Mayor Lockhart opened the public hearing. Deputy Fire Marshal Ed Laudani presented the Staff Report and advised that in accordance with Resolution No. 25-02, the City Council declared that there is a public nuisance created by weeks and combustible debris ~,~rowin~; or accumulatin8 upon the CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 525 streets, sidewalks and property within the City of Dublin. The property located at and adjacent to 11481 Bloomington Way, DUblin, was posted with a Notice to Abate, and the property owner, Syed Bukhari, has been notified. A partial abatement was completed by the Owner and inspected by Fire Prevention Staff, who advised the Owner to complete the abatement process. The Owner failed to complete the abatement and bids for completion of the abatement were received, and a firm was hired to complete the abatement. The Property Owner was billed $7,670 for the cost of the abatement, but has not paid. Mr. Bukhari was notified by certified mail of the time and date of this hearing. Staff recommended the Council accept the assessment list and place a lien on the property. Mr. Syed Bukhari indicated that he has owned this property since 1987. He showed slides of his property and rebutted Fire Services' claim that his property was not abated. His larger parcel was over 10 acres and zoned agriculture. He asked why his property was considered a fire hazard, but his neighbor, who had more weeds, was not being fined or even noticed to abate the property? He felt $7,600 was way too much to charge for the abatement; a neighbor who is a gardener quoted him $500. He questioned the procedure for granting abatement contracts. He cleaned the weeds this year as he has for the last 15 years. His property is zoned agricultural and falls under different regulations, so he did not abate the whole property, only half. Mayor Lockhart closed the public hearing. Mayor Lockhart asked for clarification of agricultural lots vs. residential lots? Deputy Fire Marshal Ed Laudani indicated that the specific zoning is not addressed; it is the size of the lot. Anything under an acre is completely abated. The picture shown is the small lot on Bloomington, taken prior to the abatement. Cm. Zika clarified that the small lot was the #1 parcel at 11481 Bloomington Way lot? Mr. Laudani indicated yes. Mr. Bukhari indicated that he cleaned the small lot himself. The contractor came the next day and did the back lot; they did not touch the front lot. He has neighbors that will witness for him. Mayor Lockhart clarified that Mr. Bukhari believed he abated the front property, and Fire Services believed that the contractor abated the front property. CITY COUNCIL MINUTES VOLUME 2.1 REGULAR MEETING October ] 5, 2002 PAGE 526 Mr. Bukhari stated that he cut the front property only. The back property is agricultural, so he does not cut that property. Mayor Lockhart asked why the large lot was abated? Mr. Laudani advised that the entire lot was not entirely abated, only a $O feet stripe around the perimeter and through the middle. Per State and National abatement procedures, a minimum of 30 feet around the perimeter, depending on slope, is required on lots over one acre. Mayor Lockhart clarified that the large lot was abated to the minimum level and the front lot was completely abated. Mr. Laudani indicated yes. Cm. Zika asked about the Nielsen's property, which was also up against houses. Mr. Laudani advised that Mr. Nielsen's property is in unincorporated Alameda County and outside of our jurisdiction. The information, however, was passed on to the County offices. Mr. Laudani showed photos of the Unabated property, including the notice of abatement, and advised that an Inspector was present every day of the abatement. Mr. Bukhari indicated a willingness to pay for the front property abatement, but not the rest. He pointed out that some of Mr. Nielsen's property was within Dublin City limits. Mr. Laudani advised that only two contractors were willing to bid the property. The low bid was selected after reference checks. Mayor Lockhart asked how long Mr. Bukhari was given to take care of the property between notice posting and abatement? Mr. Laudani advised that Mr. Bukhari was given 10 days, and had received notification via a certified letter. Mr. Ambrose advised that a number of complaints from local residents had been received regarding fire danger to their homes from weeds on these lots. Cm. Sbranti asked the difference between the deficiency of Mr. Bukhari's partial abatement and what Fire Services would consider a full abatement. CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING October 15, 2002 PAGE 527 Mr. Laudani advised that the smaller property was not abated at all. Partial abatement was done toward the Bloomington Avenue side on the large property. The requirement is that the entire property be abated around and through the middle on the slope. Cm. Sbranti asked for clarification on the abatement procedures depending on the size of the lot. Mr. Laudani advised that property over an acre is not entirely abated; just the perimeter and any place a fire might crest. Parcels under one acre are fully abated. Mr. Ambrose indicated that the practice is in keeping with the City's Wildfire Management policies, which the Council has established in terms of creating a buffer zone between residential and agriculturaI areas. On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 192 - 02 CONFIRMING THE REPORT AND ASSESSMENT LIST FOR WEED ABATEMENT AT AND ADJACENT TO 11481 BLOOMINGTON WAY APN# 941-0099-006-00 & APN# 941-2774-001-00 PUBHC HEARING FACILITY USE POHCY REVISIONS 8:25 p.m. 6.4 (200-10/210-10/250-10/280-10/260-10) Mayor Lockhart opened the public hearing. Parks & Community Development Manager Paul McCreary presented the Staff Report and advised that one of the high priority goals for Fiscal Year 2001-2002 was to "Review City Facility Rental Policies." Staff has completed a comprehensive review of the Facility Use Policies for the Dublin Civic Center~ Shannon Community Center, Dublin Swim Center, Stager Community Gymnasium and Dublin Sports Grounds, and has proposed changes to each of the policies. With the exception of the policy for the Stager Community Gyrtmasium, which was adopted in 19987 the policies and fees for these facilities were last updated in 1993. Over the past nine years, there have been changes I the demand for facility space, the types of rentals, the size of the community and the facility operating costs. The proposed CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 528 revisions should help to improve rental procedures, increase access to Dublin residents and organizations, reduce facility damage and establish fees that address the rising operational costs. The Parks and Community Services Commission reviewed the proposed polices and fees at meetings in August and September. The Commission unanimously recommended approval of the policies; however, recommended the fee increase for the Stager Gym and the Sports Grounds not take effect until Fiscal Year 2003-2004 so that Dublin Sports Leagues will have ample time to address the fee increases. All other rental fees will take effect on November 1, 2002. Mayor Lockhart read a speaker slip submitted by Brian Klees, who felt that requiring 51% of a nonprofit's membership to be Dublin residents excludes a lot of people in the Tri-Valley. Mr. McCreary advised that the requirement is currently 51%, which had been previously reduced from 71%. Nonprofits that don't meet the residency requirements can still use the fields, but do not have high priority and will have to pay higher fees. Mr. Klees approached the podium and asked how the City would accommodate groups excluded from all cities because they don't have a 51% membership in all cities? Mr. McCreary reiterated that the groups would still have access, but the priority would go to Dublin-based groups. Cm. Zika indicated that the City does not have that many facilities available at this time. Mayor Lockhart closed the public hearing. Cm. Sbranti expressed concern about the School District's inability to have access to Stager Gym after school. The schools have access during school time, but cannot use it because they are in class. He has been unable to schedule school-related after school sports in the gym. Is there any way to build in time for the School District to have a level of priority for use after hours? Ms. Lowart advised that the School District's use of the gym was included in the funding and operations agreement between the School District and the City, with the understanding that majority of the gym's use would be by the community and not the School District because the City funded most of the project. The ROC program, however, does utilize the gym after school. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 529 Cm. Sbranti reiterated his concern about the lack of gym usage by the schools, and felt that some extra time for the schools could be found. Mr. Ambrose advised that the agreement was established because the City contributed significant funding the gym, and the community was being pushed out of uses at the schools. Cm. Sbranti stated that the City should find ways for high school and middle school teams to utilize the facility. Maybe the SChool District should reconsider letting the City use school facilities. Ms. Ix)wart advised that the Goals & Objectives included updating the agreement between the City and the School District; however, the issue in now in the School District's court. She suggested that the issue be discussed during a School District/City of Dublin Liaison Committee meeting. Mayor Lockhart agreed. Cm. Oravetz asked if the gym was being used everyday after school? Ms. Ix)wart believed it was, and advised that fall and winter had the heaviest use. Cm. Oravetz asked if the costs really needed to be raised for the other facilities? Mr. McCreary stated that there hasn't been an increase in 9 years, although there has been a 105% increase in park costs. Cm. Zika noted that there was no one in the audience here to complain. Mayor Lockhart noted that Valley High students used the gym every day, and felt the School District was getting their value. Mayor Lockhart asked if we could establish a policy to make it easier for groups doing a public service, such as the League of Woman Voters with the election series, to use the facilities? Mr. McCreary advised that currently fee waiver requests go before the COuncil once, and then are approved by Staff thereafter. CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING October 15, 2002 PAGE 530 Mayor Lockhart indicated that the League of Women Voters did not use the facilities this year because they were weary of the red tape. Is there any way to simplify the process for these types of events? Cm. McCormick advised that she wanted to take that issue a step further, and referred to all of Group 4 as it pertains to using the Regional Meeting Room (RMR). The City needs to welcome the nonprofit groups and not throw a lot of barricades in their way. She reviewed the potential costs for a small group to use the RMR for a couple of hours, and stated that the costs were too high. That is not the way we should treat the City's nonprofits. Why can't we provide a free room like other public agencies? Cm. Oravetz indicated that he would support waiving fees for nonprofits. Mr. McCreary referred to Use Policy for the Civic Center, and suggested that the fees be waived for after business hours meetings for nonprofits, including the set up and take down fees if the Council wished, but leave the fees as recommended for uses such as fundraising. The Council agreed. Cm. Zika clarified that it would still be limited to Dublin-based nonprofits? The Council concurred. Cm. Sbranti expressed concern about charging our elected legislative officials for use of the facilities for town hall meetings, etc. These meetings are important to our community, and the fees should be waived. Mr. McCreary advised that currently those types of uses are categorized as public agencies, and are in the same fee category as the Chamber of Commerce, etc. Groups 2, 3 and 4 all pay the same fees, so if the Council waived the hourly rate for outside of business hours for the Civic Center, it would apply to Public Agencies, the Dublin Chamber of Commerce, and Dublin Charitable/Social Welfare Organizations, Homeowner's Associations and Dublin Sports Leagues. He asked if they would still be charged the $12/hour set up and take down fee to recover the cost, or would it be waived? Mr. Ambrose advised that, if the Council desired, Staff could establish different fees for the use of the Civic Center for those Groups 2, 3 &4. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 531 Mayor Lockhart suggested that all fees, including set up and take down, be waived for Groups 2, $ &4 in the Council Chambers and the Regional Meeting Room for the purpose of meetings outside of business hours. Mr. Ambrose asked for direction in regards to security deposits for these groups. Council and Staff discussed waiving deposits for these groups and agreed that security deposits should be waived for purposes of meeting only. The Council also agreed that a "No Food/No Drink" policy should be established for meetings only. Mr. Ambrose noted that the Council Chambers would soon be upgraded with some very expensive equipment, and advised that the Council might want to revisit security issues in the Council Chambers after the work is completed. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, including modifications waiving all fees and deposits for Groups 2, 3 & 4 for use after business hours for the purpose of meetings only, the Council adopted RESOLUTION NO. 193 ~ 02 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE DUBLIN CIVIC CENTER On motion of Cm. McCormick, seconded by Cm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 194 - 02 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE SHANNON COMMUNITY CENTER and RESOLUTION NO. 195 - 02 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE DUBLIN SWIM CENTER On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October ] 5, 2002 PAGE 532 RESOLUTION NO. 196 - 02 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE STAGER COMMUNITY GYMNASIUM On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 197 - 02 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE SPORTS FIELDS AT DUBLIN SPORTS GROUNDS, EMERALD GLEN AND TED FAIRFIELD PARKS COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION WORK PROGRAM STATUS 9:15 p.m. 7.1 (420-10) Planning Manager Jeri Ram presented the Staff Report and reviewed the status of the Planning Division's Work Program, which includes City Council's high priority projects as identified in the 2002-2003 Goals & Objectives, General Plan Amendment and Specific Plan Amendment Studies as authorized by the City Council, other long-range and current planning projects, and code enforcement. Staff is making progress on the majority of the projects. The City has contracted with a new planning consultant, who will assist with some of the current planning projects. The Division will have a planner on leave for several months, as well as a planner still on military leave. Staff, however, will be able to move forward and complete the high priority projects on schedule using consultant resources, with the exception of the Historic District Specific Plan and the Streetscape Guidelines project, which will be delayed by several months. Cm. McCormick asked if there was currently a moratorium in the Historical District? Ms. Ram advised that there is not a moratorium, and the Applicant has withdrawn his apphcation for the office complex. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October ! 5, 2002 PAGE 5 3 3 Mr. Ambrose clarified that a Conditional Use Permit had been approved for Journey Church for a two-year period, with the understanding that Staff would develop a Specific Plan for the property. At the end of that period, the Property Owner could determine what he wanted to do with the property. Cm. McCormick asked about the Jalisco Site Development Review? Ms. Ram advised that it was a new application for the former Fandangos site. Cm. Sbranti asked about the plans for the rest of shopping center? Ms. Ram advised that plans were approved for the shopping center, which are still in Building plan check. Cm. Zika asked about the commercial linkage fee? Ms. Ram indicated that it was not on this list, as Staff is waiting for census information to come out. It is still on the list of things to do. Cm. Zika expressed concern about it falling through the cracks, and asked that it come back as a separate item. Mr. Ambrose advised that it is a housing item, which are not included on this list. Cm. Zika asked if the County has given us any dates regarding the Juvenile Justice Facility? Ms. Ram that the environmental documents were scheduled to be released in December 2002. Mr. Ambrose noted that the last Board of Supervisors' agenda had an item for construction management services for proposed Courthouse. Mayor Lockhart was happy so many items were so close to completion, and spoke on behalf of the entire Council, to congratulate Staff for doing great job. Council asks a lot, and are very impressed by the amount accomplished. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 534 CONSULTANT SERVICES FOR LANDSCAPE ARCHITECTURE, DUBHN RANCH AREA G NEIGHBORHOOD PARK 9:24 p.m. 8.1 (600~$0) Parks & Facilities Development Coordinator Rosemary Alex presented thc Staff Report and advised that at its August 6, 2002, meeting the City Council authorized Staff to issue an RFP for services of a landscape architectural team to design and prepare construction documents for Dublin Ranch Area G Neighborhood Park. A total of nine proposals were submitted, and after a thorough evaluation and interviews, Royston Hanamoto Alley and Abey (RHAA) were concluded to have the most relevant experience in community-based design and park development. In addition to interview, Staff contacted the references listed and determined that RHAA would provide quality professional services. The scope of work for professional services will include thc development of three alterative designs, a preferred conceptual plan, design development construction documentation, bidding and construction administration. Considering the nature of this project, community input will be an integral element in the design process. Staff, along with RHAA, will hold a series of public workshops in conjunction with the P&CS Commission. The three original design alternatives, along with the preferred alternative conceptual plan, will be presented to City Council for final design approval. RHAA will also work with Staff and the Dublin Fine Arts Foundation to include art in the final park design. The City Council will provide final approval on the park's final artwork design. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council authorized the Mayor to execute the agreement with RHAA. APPROVAL OF AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES IN THE DOUGHERTY ASSESSMENT DISTRICT #86~ 1 AND STAGECOACH ASSESSMENT DISTRICT #83~2 9:30 p.m. 8.2 (600~30) Public Works Director Lee Thompson presented the Staff Report and advised that at the annual public hearing in August 2002 for setting the assessments for the Dougherty and Stagecoach Landscape Maintenance Assessment Districts, Staff proposed sending out RFP's for a new maintenance contractor in order to see if the costs to the Districts were still competitive. Five proposals were returned, and in comparing those proposals to the existing costs and budget, only the proposal from TruGreen LandCare was below the CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 535 existing cost and budget and only for the Dougherty Assessment District. The Stagecoach Assessment District was about the same as MCE, except that administrative costs for quality assurance will make the TruGreen alternate approximately $1,815 higher over the next 12 months, necessitating a budget change over the next 8 months. It is projected that the savings in the Dougherty Assessment District will be in the range of $15,200, which may allow extra monies to make improvements within the District to fill in some of the plant materials that have died. Staff recommends that Council adopt the resolution approving a one-year agreement with TruGreen LandCare to perform landscaping maintenance services for both the Dougherty Assessment District #86-1 and the Stagecoach Assessment District #83~2, and approve an additional appropriation in the amount of $1,210 for FY 2002-03. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 198-02 APPROVING AGREEMENT WITH TRUGREEN LANDCARE FOR PUBLIC WORKS MAINTENANCE SERVICES IN THE DOUGHERTY AND STAGECOACH LANDSCAPE ASSESSMENT DISTRICTS and authorized the Mayor to eXecute an agreement with TruGreen LandCare; and approved a Budget Change in the amount of $1,210 from Unappropriated Reserves. OTHER BUSINESS 9:34 p.m. 9.1 Cm. Zika reported that the Tri-Valley anticipates receiving $55 million for road projects from Prop. 42. $45 million wi11 be applied toward 1-580 HOV lanes and widening for BART. The remainder will go toward relieving traffic on 1-680 at Highway 84. Mayor Lockhart reviewed Waste Management's research, legislative advocacy and recycling plans. The WM Board is working hard for the residents of our community. Mr. Ambrose reminded Council that the EBRPD Liaison Committee Meeting is scheduled for October 29th. Any agenda items need to be forward to the City Manager Office. cITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 536 Cm. Oravetz thanked Staff for a wonderful Volunteer Recognition Dinner. Cm. Sbranti agreed that the Volunteer Recognition Dinner was a huge success. Cm. McCormick offered congratulations to Angela Fontes, Citizen of the Year, and to the Dublin 4~H Club, Organization of the Year. Mayor Lockhart welcomed Journey Church to the community, understanding that their current location is short-term while they look for a new location. Mayor Lockhart congratulated BART on its gO-year anniversary in September. 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:49 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. - Mayor CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 15, 2002 PAGE 537