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HomeMy WebLinkAbout4.01 Draft Minutes 02-18-1997 REGULAR MEETING - February 18, 1997 A regular meeting of the Dublin City Council was held on Tuesday, February 18, .1997, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 p.m., by Mayor Houston. ,.................w.,...~...,...............u........"". ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. ABSENT: None u....................+.....................,..... PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ..........................+......u.................... CLOSED SESSION 7:04 p.m. 10.1 (640-30) The City Council recessed to a closed session to conference with Legal Counsel .regarding anticipated litigation, initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - ONE potential cases. At 7:34 p.m., the Council meeting reconvened with all Councilmembers present. REPORT OF CLOSED SESSION ACTION Mayor Houston stated there was nothing to report. ............................+.................. Metal Shed in Western Dublin Hills (450-10) Mayor Houston stated he had met with Mr. Syed Bukhari, the property owner and Staff had also met with him. Staff and Legal Counsel are all working toward coming up with a solution to this problem. There have been racial comments, physical threats and graffiti in the area adjoining this property and these are bad things in our community. This is an emotional issue and physical threats will not be tolerated. Roy Mills 11437 Bloomington Way stated he has been there about 10 years. When his house was built he was told that the western hills would remain open space. This . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 65 'TEMNOo_4.1 ....l metal building or shed when viewed from his master bedroom stares him right in the face. He shared photos looking from his front porch and directly'out his bedroom window. His major concern is the decrease in property values once this metal monstrosity goes up. He isn't sure how the graffiti got there. Mr. Bukhari has made . several false statements about the neighbors. He came to the Planning Commission and got a copy of the permit and the shed was supposed to be 10' 11". He now understands it is 18' high and he wasn't sure there were permits allowing this height. It is an abnormal obstruction or blocking of property. Another concern is nuisance. A lot of people loiter up there just looking at the building and it will be a place for mischief to occur. There have already been Z homes put up for sale. They paid good money and would like to maintain the open space up there. Tim Murray 8831 Marwick Court, stated he is a new resident of Dublin. He is also very concerned about property values. They paid a premium for the view. They would like this added to a future Council agenda to make sure this is properly addressed. Sandra Olson, 11515 Bloomington Way stated she and her husband own property next to the 10 acres owned by Mr. Bukhari. She has a witness that he assured them that if they let him use their power they would not see the barn from their house. She passed photos showinz the view of the barn from their yard and home. She also had pictures taken from San Ramon Road. This is a well advertised dilemma for this City. The frustrating part for residents is that they have met somewhat of a block. They were told that because the man had a permit he has a right to build. She had a . petition signed by 130 people asking what their rights are. Why were they not given - . an opportunity for input prior to construction? They would not have approved it to begin with and they are counting on the elected officials to do what's right for all of Dublin. Mayor Houston requested that Ms. Olson give the petition to the City Clerk. Robert Bowers, 11409 Bloomington Way, stated he lives next door to Roy Mills just one lot removed from the property in question. The impact on property values and aesthetics of the community are concerns. He bought his house under the assumption that the hills and open views would remain. He challenged the City to check the permit to make sure it is being built to code. What is the end use? What is the intended use? Livestock have grazed there for many years without needing a place to store feed. It appears he is building a feed lot situation. Fire hazard is also of concern. Does it fall into the legal description of our Property Maintenance Ordinance? We should talk about this at a future meeting. Residents up there are not racists or vandals and he doesn't want to be put into this category. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 66 . Bob Perrin, 8657 Fenwick Way stated he is an original owner of 12 years and they are very concerned about this. One lady commented last week that she hadn't seen so many people at a Planning Commission meetinz before. Today he looked at the . property maintenance ordinance that was drafted back in 1988; Ordinance No. 13- 88. People voted on it, people wanted it and they got it passed. This is a nuisance ordinance situation. It's a danger to children, likely to harbor rats or vermin, vehicle parts, etc. Mr. Bukhari stated he was thinking of putting in farm equipment up there. Graffiti around other parts of town gets taken care of. There's already graffiti up there. If the paint is worn off, it can be considered a public nuisance. All he does is spray paint it with silver paint. His main concern is how did this happen. Mayor Jeffery used to live just a couple of blocks away and she would not stand for this shit. Leonard Valco, Creekside Drive stated he has been here about 3 years. He does a lot of walking and jogging. He can see it from his front door. This is not good curb appeal. There must be some amicable solution to this. It is 30' wide and about 50' long and about 20' high. He feels it is to nudge people like all of us so that he can build what he really wants up there, a house. Rachel Mills, 11437 Bloomington Way stated she wished to lodze a complaint about the shed being built next to her house. She was told that no one would be able to build there because of the water streams and because a structure would collapse. If they could build, she was told it could not be on the hill. She has raised 2 children to adult and has one teenager and they have never experienced any racism or discontent and , .' she has never seen such genuine people. She is proud to be in that neighborhood. They have seen Mr. Bukhari take his own no trespassing sign and deface it. They witnessed it. Mayor Houston stated some doozie phone calls had been received at City Hall. They were anonymous, of course. He wished the City had caller identification because he would like to trace the calls. David Bewley, Brittany Lane stated what he finds most relevant and greatest impact individually is the concern spoken from independent zrou ps that there seems to be a common consensus that the open space policies have some value. When you review the General Plan it defines open space as azriculturalland and he referellced and discussed the guiding policies. He would like to see the City Council set up as a task in the future to study the western area to point out and be very specific about how they want the open space to be treated. Kathleen Gatzke, 8381 Creekside Drive submitted a speaker slip indicating she did not wish to speak, but with the following comment: ''/ VEHEMENTLY OPPOSE mE BUILDING OF mE LARGE SIL VER SHED IN mE WESTERN DUBLIN HILLS. I LOOK OUT MY VIEW WINDOW (WHICH I PAID DEARLY FOR) AND FEEL TfIA T 71fIS STRUCIVRE IS A VIOLA TION OF BOTH MY RIGHTS AS A DUBLIN RESIDENT AND OF CflY "ANTI UGLY" . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 1 S, 1997 PAGE 67 ORDINANCE. AS A MEMBER OF SIL VERGATE HIGHLANDS HOMEOWNERS ASSN., IJOIN MY NEIGHBORS IN AN URGENT REQUEST TO ADDRESS THIS EYESORE, REDUCING ITS IMPACT OR REMOVING ff FROM OUR VIEWSCAPl: I ALSO HA VE GRA VE CONCERNS ABOUT THE ROUGH ELEMENT ,t; GRAffITI ff WILL AITRACJ'. PLEASE LISTEN TO YOUR . TAXPA YEllS. WE HA TE THIS AND NEED YOUR SUPPORTTl ..__.+_u..........." CONSENT CALENDAR 7:59 p.m. . On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of February 4, 1997; Received (4.2 330-50) the Financial Report for the month of January, 1997; Approved (4.3 600-30) an Agreement with Singer & Hodges, Inc., for Landscape Architectural Services for the Dublin Elementary School Sports Field Project and authorized the Mayor to execute the agreement and approved a Budget Change Form; Adopted (4.4 720-30) RESOLUTION NO.7.. 97 AMENDING AND RESTATING THE CITY'S DEFERRED COMPENSATION PLAN . IN THE FORM OF THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST (Cm. Howard announced that due to a conflict of interest she would not vote on the resolution related to the City's Deferred Compensation Plan.) Received (4.5 700-20) an Informational Report related to Proposition 209 Class Action (Affirmative Action); Adopted (4.6 600-30) RESOLUTION NO.8.. 97 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY-FUNDED SIDEWALK REPAIR PROGRAM) and authorized Staff to advertise Contract 97 -02 Annual Sidewalk Safety Repair (Remove and Replace) for bids; CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 68 . Received (4.7 400-30) a Report related to possible Code violations (weekend art sales at BP Station, 7197 Village Parkway) and (real estate signs posted in Dougherty Road . Right-of- Way); . Approved (4.8 300-40) the Warrant Register in the amount of $1,585,644.06. ..w...,.,.,.,.w.,.,.ww,.,.w,.,+,.".,.wwww.....,.".,......'., PUBLIC HEARING - AMENDMENT TO CHAPTER 5.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO FIREWORKS PERMITS 8:00 p.m. 6.1 (650-60) Mayor Houston opened the public hearing. City Attorney Silver presented the Staff Report and advised that an ordinance was introduced at the City Council's last meeting which would make minor changes to the City's Fireworks Ordinance. The amended ordinance would allow two or more groups to jointly apply for a single sales permit and would allow more than one zroup to operate a single booth as long as each group meets the requirements of Section 5.24.060. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. . On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO.4.. 97 AMENDING CHAPTER 5.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO FIREWORKS PERMITS A ...'..'...'.'.....'.'...'.'...'.......'....'..V.........'...'.'.'.'.'.'.'......... CONSIDERATION OF SPECIAL EXCISE TAX FOR EMERGENCY MEDICAL SERVICES (EMS) 8:02 p.m. 7.1 (630-20/520-70) Assistant City Manager Rankin presented the Staff Report and advised that at the February 4th City Council meeting, Staff presented a report related to implementation of Proposition 218. Staff was directed to prepare items related to placement of a special EMS tax on the June 3, 1997 ballot. This will require that the City Council adopt the necessary documents at its meeting on March 4th. In order to prepare the documents, additional direction was needed from the Council at this time. The issues involved include: Shall rebuttal arguments be allowed? Shall the Council designate CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 69 one or more members to write the ballot argument in favor of the proposed tax? Shall the Council allow other voters who are authorized to write the ballot argument to join in the Council's ballot argument, at the discretion of the Council person(s) writing it? .' Shall the special tax increase annually by an inflator, or shall the special tax be flat? Shall Staff prepare the Ordinance showing a $10 Benefit Unit amount to be levied on Single Family units and a $6 amount on Multi-Family units? Mr. Rankin explained that if enacted, the proposed EMS tax would generate approximately $72,610 in fiscal Year 1997-98, which is approximately $45,280 more than was generated in IT 1996-97 by the EMS Supplemental Assessment. The cost to put a ballot measure on the June ballot is estimated to be $10,000 - $12,000. Mr. Rankin stated in order to enact an EMS tax, the Council must first adopt an ordinance establishinz the tax by a majority vote of the Council (GCS 53724(a). In order to become effective, the ordinance must be approved by a two-thirds vote of the voters voting at the election (GCS 53722). GCS 50077 requires that an ordinance imposing a special tax be enacted following notice and public hearing. The ordinance must include the type of tax, rate of tax, method of collection, the date upon which the election shall be held to approve the tax and the purpose or service for which the tax is sought (GCS 53724). Any challenge to an ordinance approved pursuant to the provisions of GCS 50077 may be challenged by a validation action which must be filed within 60 days of the effective date of the ordinance, which would be ten days following the date the results are certified (GCS 50077.5). Mr. Rankin advised that in addition to approving the proposed ordinance to impose the tax, the Council must approve the form of the "ballot question". The Elections Code limits the ballot question to 75 words or less. Ballot arguments are provided by law; however, the Council may determine whether to allow rebuttal arguments. Although the Council can place the measure before the voters, can endorse it and can authorize one or more members of the Council to write the ballot arguments in favor of the measure, the City cannot expend public funds to promote the passage of the measure. The expenditure of public funds in support of a ballot measure has been held to be an inappropriate use of public monies and to violate the Fair Political Practices Act. . Cm. Burton clarified that we were talking about our tax and not the County's. He asked if the County's will be a parcel tax and ours won't. Ms. Silver stated she thought theirs would be an excise tax. You have to look to see what you are taxing. In this case, the tax is on the use of property, not on the ownership of property. This is what is considered an excise tax. You then look at what the funds are to be used for. These funds are designated for a specific purpose and as such it is a special tax and requires a 2/3 vote. The ordinance would be structured as a tax on property, not unimproved property. Vacant land would not be CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 70 . taxed because there are no people on the property to have heart attacks or strokes and need emergency medical services. The occu pant, who in most cases, is the owner of . the property would be responsible for remitting the tax to the City. Cm. Burton stated he was just trying to figure out how this would sell. It's hard to visualize how people will interpret this. It is very complicated the way we have made it. Mr. Rankin stated he and Ms. Silver have had several conversations. A parcel tax can only be done if you have debt. It is treated differently and the law books say how we have to handle this. The owner will probably pay it as part of their taxes and deduct it as part of their taxes. Ms. Silver stated the reason we have to structure it as an excise tax is if it is a tax on ownership of property the constitution requires that all property be taxed on the basis of its value. You can't have a $10 amount. Proposition 13 added other provisions to the Constitution and says you can't have an ad valorem property tax even if you get a 100% vote. Proposition 13 says it is limited to 1 % of the assessed value, so, we can't have this as an ad valorem tax. For this reason she concluded that it can't be included as a property tax. The way it needs to be written is to structure it so you can get a refund if you aren't using the property. It will be based on one unit is one residential house. Different commercial and industrial uses are assigned as various numbers of units. .. Cm. Burton stated he is convinced that given the right information, people will want to have Emergency Medical Services. If it gets too complicated, people won't understand it and might turn it down. The $10 and $6 is clear. Mr. Rankin discussed the ballot measure language, and stated the legal analysis would provide the details. Mayor Houston stated what's to be in the ballot will be coming back to the City Council at their next meeting. em. Howard asked if we know what other cities are doing. Mr. Rankin stated Livermore's assessment is about $11 and Pleasanton has indicated they don't intend to seek any su pplemental amount. Mr. Ambrose stated before the County had their assessment there were no systems in place. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 71 Cm. Burton pointed out that we will ha:ve the County's measure at the same time to vote on. Mr. Rankin stated their base rate is $21.14 for everyone. . Mayor Houston felt we should put it on the ballot and not have an inflator. The differential between single and multi family units is adequate. He referenced a newspaper article stating in Dublin the vote was 60%/40% voting for Proposition 218. Cm. Lockhart asked about the difference if we don't put in an inflator. Mr. Rankin stated we are unique in that we expect a growth in the number of parcels. Cm. Burton felt the inflator is important. Wages will go up, as well as the cost of power, etc. Mayor Houston felt that when eastern Dublin develops, the requirement for service will be less than what a small increase would provide. Mr. Ambrose explained that they were trying to balance two objectives: provide us with some revenue to provide paramedics and not increase taxes. Mayor Houston felt it was a political decision to say everyone provides the same service even though it doesn't cost exactly the same amount to provide the service in . every city. We should stick to the same amount and let growth provide for the increased amount. Cm. Burton expressed concern that we may find ourselves in the future going back ~nd askinz for an increase but stated he would go along with the majority on this Issue. Cm. Barnes felt that was why people voted for 218 because they want a say in what is going on. They want their own menu. On motion of Cm. Howard, seconded by Cm. Lockhart, and by unanimous vote, the Council determined that: 1) Rebuttal arguments shall be allowed. 2) Cm.'s Howard and Lockhart were designated to write the ballot argument in favor of the proposed tax. 3) At the discretion of Cm.'s Howard and Lockhart, other voters authorized to write the ballot argument could join in the Council's ballot argument. 4) The special tax shall be a flat amount with no provision for an inflator. 5) Staff shall prepare the Ordinance showing a $10 Benefit Unit amount to be levied on Single-Family units and a $6 amount on Multi-Family units. .....".........--......................... CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 72 . AGREEMENT BETWEEN ALAMEDA COUNTY & CITY OF DUBLIN FOR USE OF FIRE STATION LOCATED AT THE SANTA RITA JAIL 8:28 p.m. 8.1 (600-40) . City Manager Ambrose presented the Staff Report and advised that the Dougherty Regional Fire Authority currently has an azreement with the County of Alameda for use of the Santa Rita Jail Fire Station. As a result of the dissolution of DRFA on July 1, 1997, it is necessary for the City to secure a station facility in the eastern Dublin area to provide fire services. The use of this facility will enable the City to defer the construction of a permanent station into the future until the development pattern in eastern Dublin is more established. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council approved the agreement and authorized the Mayor to execute same. ',.,.,""',.,.,.,.,"",.."...,.,",w,.,.......+<..,.,','.',.,w...'.w.'.'.m.'.'''..'., 14th ANNUAL ST. PATRICK'S DAY CELEBRATION AND PARADE 8:30 p.m. 8.2 (950-40) Parks & Community Services Director Lowart presented the Staff Report which summarized the activities planned for this years St. Patrick's Day parade and celebration which will be on Saturday, March 15, 1997. Events include a Community Pancake Breakfast, Parade, and Celebration. The celebration will include a Craft Faire, Children's Activities, Entertainment, and Food Booths. . Cm. Lockhart asked who should be contacted if someone wants to make a $250 donation to the Fire Department. Ms. Lowart responded that the contacts are Tim Green or Rob Eaton. Cm. Burton clarified that this event is rain or shine. Ms. Lowart stated yes. Mayor Houston asked if the parade starts at 9:30 a.m. or at 10:00 a.m. Ms. Lowart clarified that the parade starts at 9:30 a.m., and the celebration will be from 10:00 a.m. - 4:00 p.m. Mayor Houston asked what had become of the idea to have youth ride in a truck or flatbed to speed up the parade and not have large gaps between groups. Ms. Lowart stated the Lions Club has worked hard with the groups, but it is felt that part of the fun is walking. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 73 Cm. Howard suggested putting the kids up front and have the adults in the back. Ms. Lowart reminded the City Council that the Lions Club are the ones who coordinate the parade and it is their call. . Cm. Barnes stated we should make sure a big thanks goes to the Firefighters for the breakfast and to the Lions Club for taking this on. On motion of Cm. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council approved the parade route and adopted RESOLUTION NO. 9 - 97 SUPPORTING THE 1997 ST. PATRICK'S DAY CELEBRATION ............................+........................... CAMPAIGN CONTRIBUTION ORDINANCE & PROPOSITION 208 8:37 p.m. 8.3 (630-20) City Attorney Silver presented the Staff Report. Proposition 208 was a statewide initiative on the November 1996 ballot which made a number of changes to the Political Reform Act. Several lawsuits have been filed challenging the constitutionality . of Proposition 208. The City's current ordinance sets contribution limits at $300 while the new state law provides that for jurisdictions of fewer than 100,000 residents, the limit is $100. The limit applies per election, not per election cycle. If a city adopts a voluntary spending limit of $1 per resident, then the contribution limits increase from $100 to $250 per election. No candidate for local office may accept contributions more than six months before an election and no candidate may accept contributions more than 90 days after the election and contributions accepted between the election and the end of the 90 day period may only be used to pay outstanding debts. Ms. Silver summarized that: 1) the contribution limit is $100 per person; 2) the Council may impose a lower contribution limit and the people, by vote, may impose a higher contribution limit; 3) contributions can only be accepted six months prior to an election and 90 days after an election (if the candidate has outstanding debt); 4) the Council may establish voluntary spending limits of no more than $1 per resident; 5) the people may impose a higher spendinz limit by vote; and 6) if the Council establishes voluntary spending limits and if the candidate agrees to the spending limit, the contribution limit increases to $250 and the candidate receives a designation on the ballot stating that he/she has agreed to the spending limit. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 74 . Ms. Silver advised that several lawsuits have been filed challenging the constitutionality of Proposition 208. At this time, no injunction has been granted restraining the enforcement of the initiative although the plaintiffs have scheduled a . hearing for early April to ask for an injunction. Ms. Silver explained that Staff was requesting direction on whether the Council wishes to direct Staff to prepare an ordinance to repeal the provisions of Chapter 2.28 of the DMC which conflict with Proposition 208, or if Staff should notify all candidates and potential candidates that the City will not enforce its ordinance pending resolution of the lawsuits challenging Proposition 208. The only provision of Chapter 2.28 that does not conflict with Proposition is Section 2.28.040 related to disclosure of amounts in excess of $25. Cm. Burton felt the simplest thing would be to go along with 208 rather than having to complete 2 forms. Cm. Barnes asked about the payment for ballot statements. Ms. Keck clarified that this would not increase the number of forms that have to be completed and filed. Also, the section that deals with waiving printing costs for candidate statements applies only to state and county candidates. Local candidates would not be affected by this. The Council determines prior to each election whether the City or the candidates will pay these costs. . Ms. Silver stated it could be a number of years before there is a final decision regarding Proposition 208. The City's $25 reporting requirement is not affected. Ms. Silver stated if they want to comply with 208 there's no need to keep the ordinance unless they want to keep the $25 reporting requirement or have a voluntary spending limit. Mayor Houston requested that the City Council amend our ordinance from $300 to $ I 00, have voluntary spending limit of $1 per resident, and eliminate the $25 reporting requirement. He felt that $100 is a reasonable reporting figure. Cm. Barnes asked if Staff knew what the 208 challenges are. Ms. Keck commented that fortunately, the City of Dublin doesn't have another candidate election until November of 1998. A lot of the bugs should be worked out by the time Dublin is affected. Ms. Silver stated she thought 3 of the 4 challenges were made by lawyers. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 75 Mayor Houston reported that one of the biZ aspects is ho"Y much the PACs can give candidates. Right now they don't have any limitations and they will be severely impacted on how much they can give any candidate. The PACs are obviously against . this. He did not see any reason why we shouldn't amend our rules rizht now so that 1998 candidates will know the rules. By a consensus, the Council directed Staff to draft and bring back a new Ordinance so that everybody will know the rules as soon as possible. The Ordinance should be azendized for a future meeting; not necessarily the next meeting. --+........'....... ........,." REAUTHORIZATION OF MEASURE B PROTECTS 8:57 p.m. 8.4 (1060-90) Public Works Director Thompson presented the Staff Report requesting that the City Council support a list of projects to be included in the reauthorization of Measure B funding. They hope to go to the voters in 1998 and to start collecting money in 2003. Cm. Burton questioned the project listed as #6, (Iron Horse Trail Bike Path and Mass Transit from the East Dublin BART Station to Dougherty Road). He asked if this will just connect with LA VTA Wheels. This isn't a real bizgee. Ever since it started he has been ao-ainst the West Dublin BART Station. It keeps showino- up on all the lists. It has come down from one to three priority and he stated he would like to make it six or . seven. Puttinz in a BART Station there will destroy our downtown parking lots. Ben Tarver said he was against it, but he now understands the Stoneridge people are again for it. He would like to try to get this put down further on the list. Mr. Thompson stated the projects weren't in priority order. Mayor Houston stated at the last TVTC meeting they added the Sunol Grade as #3 as this is a pressing need today. They are looking at a combination for funding the West Dublin Station. There is latitude because things will change over time. Cm. Lockhart stated she felt that as long as it's there, it is still saying something. Mr. Thompson reminded that BART has contributed $1 million in local improvements to Dublin Boulevard and the parallel road to mitigate the traffic impacts. Cm. Burton felt the parking would be overloaded already. Mr. Thompson stated they would probably have to double deck. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 76 . Cm. Burton stated he has been using BART a couple of times a month to get to meetinzs and you can't find a parking place anywhere and people are zipping around . all over to try and find parking. It is just a mess and he could see it destroying our nice quiet downtown area. Dublin Boulevard would become a race track. Cm. Lockhart felt maybe we should just leave it on the list and lobby against it. Cm. Barnes felt we should leave it alone. Mayor Houston felt that since Goals & Objectives are coming up, the City Council could discuss retail commercial uses and the downtown area and look at all the economic issues and go from there. On motion of em. Barnes] seconded by Cm. Lockhart, and by unanimous vote, the Council authorized the letter to be sent to ACTA supporting the Alameda County Congestion Management Agency project list and requesting inclusion of the Dublin Boulevard Widening Project (Sierra Court to the Southern Pacific Right-of-Way and Dougherty Road south of Dublin Boulevard to 1-580) for the Reauthorization of Measure B Funding Program. Cm. Burton voted against the motion because of mass transit on the Iron Horse Bike Path and having the West Dublin BART station listed as #3 because he felt it should be #6. Mayor Houston clarified that the list wasn't prioritized. . 'uu,_" " OTHER BUSINESS 9:07 p.m. 10th Anniversary of Dublin Sister City Association (610-50) Cm. Howard brought up the fact that 1997 is the Dublin Sister City Association's (DSCA) 10th anniversary and there will be a few people coming over from Bray that will participate in the St. Patrick's Day parade. She would like to have a proclamation prepared and all Councilmembers sign and present it to the Irish group while they are here. Mayor Houston agreed that this would be appropriate. He suggested that it might also be nice to get Ellen Tauscher's office or Mary King's office, or other category of elected officials to do a proclamation :welcoming them to Dublin. Cm. Howard advised that we won't know exactly who is coming until they get off the plane. Maybe we could declare the date of the parade as Bray Day. Mayor Houston requested she work with Sandie Hart on whatever is appropriate. '........ . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 77 Street Light Out (820-35) Cm. Lockhart stated she had some residents point out to her that on the corner of St. . Raymond's and Shannon Avenue, the street light is out. It's just at the parking lot entrance to the church. The first two lights are out. ...................... Valley Nissan Public Service Sign (400-30) Cm. Lockhart indicated she has been hearinz a lot of comments about the Valley Nissan sign. She thought we were going to see Welcome to Dublin and the time and temperature. She has actually seen it say Welcome only once. She asked if there is some kind of-agreement about how often they are to show this? Mayor Houston thought 20% of the air time would be for community use. He talked to Steve Hayworth about 6 months ago and he said he hasn't spent any time callinz us to see what we want to see on the board. Cm. Barnes said she sent the Black History people there. Mayor Houston felt it might be up to us to contact them. It's important that if we have something we want to see, we certainly should let them know. We should get them a . schedule. ~ v BART Parking (1060-30) Cm. Barnes felt we should be proactive right now with parking availability at the new BART station. She expressed concern that for a 9 a.m. meeting, there will not be a parking space at the station. If we want to go to San Francisco or Oakland in the evening, will there be a space? The lot as it stands today, she felt will fill by 7 a.m. The lot should be larger. Mr. Ambrose stated the additional land is not BART's, but belongs to Alameda County. em. Barnes felt we may be surprised that the trains will start running in April or May. "",.,",.,"""',...,................,.,. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 78 . Recycle Bin Labelin$ (810-60) Cm. Barnes commented as she was driving out of the City this morning, she counted . people using the recycling bins and felt we may need a little better education program because less than a quarter of the people are putting out their recyclable containers. Cm. Burton discussed a conversation with Mark Dorazio rezardinz recyclinz and he reminded him that the City put aside $1,000 to relabel bins for the apartments. They have not been relabeled. He volunteered to put them on. He is conscientious and recyclinz is his thing. Mr. Rankin stated he did not have an answer. LDD is doing it and he wasn't sure where they are in the process. We haven't paid for it yet. ,...,..............,. Staples Ranch Pleasanton Planning Process (420-50) Cm. Burton stated at LA VTA this morning they talked about Staples Ranch which is opposite EI Charro/Fallon Road in Pleasanton. The City's Planning Commission has already approved it. We haven't received any information on this and they're just going right ahead. They're buying their way in by giving a 35 acre park. It's on the fast track and nobody is paying any attention to it. It will be a whole big industrial park. Last year something came through on the layout of the streets. . Mr. Ambrose stated we have attended Planning Commission meetings and got our comments on the record that they are not bearing their fair share and leaving the bulk of the work to the City of Dublin. Cm. Burton requested that in the future they take some official Council action. It is a major subdivision and industrial park. Mr. Ambrose asked if the City Council wanted to make some official comments to the Pleasanton City Council before they take action approving it. Mr. Peabody stated it would probably be appropriate to put something on the next City Council agenda for comments. .. Evaluation of Franchise Services Provided by TCI (1050-30) Mayor Houston asked when the TCI issues would be coming before the Council. . CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 79 Staff responded that it will be an agenda item at the March ~8 meeting. ."..'....'..'.'.....,+'.'...........""", '", BART Construction (l060-30) . Mayor Houston commented on the big ugly junk pile right in the middle of our City with BART. Once the trains are running and operational they need to zet all that junk out of there. We should send a letter to our BART Director asking what their plan is for getting this taken care of in 1997. Mr. Ambrose stated we could send a letter asking for the construction schedule and when they plan to remove the junk. This should be placed on the on next azenda. The City Council also indicated they would like another tour. .',','.'.....','.'.'.',','.'.','.'.'.'.",........:...+....,vo...............'..'.'..'.'.'.,', Mape Memorial Park Dedication (950-40) Mayor Houston asked about Mape Park and the actual dedication date. Ms. Lowart stated they are still monitoring construction and felt we are looking at the Fall at this point. The 90 day maintenance period will be up on August 9th. She stated she would keep the City Council up to date on this. .u.... HUH............+........................... . ADJOURNMENT 11.1 There beinz no further business to come before the Council, the meeting was adjourned at 9:30 p.m. .'"., """,....,..+.,.,",.,"',..........,..., Mayor A TrEST: City Clerk CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING February 18, 1997 PAGE 80 .