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[1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE ]
EVERYONE.TODAY IS TUESDAY, DECEMBER 2ND.
WE JUST CAME OUT OF THE CLOSED SESSION.
AND WE'LL START OUR REGULAR MEETING AT SEVEN OH SIX AND LET CALL THE MEETING TO ORDER.
HAVE A PLEDGE, ORPHANAGES I TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
AGENDA ITEM THREE PRESENTATIONS, AND THE PROCLAMATIONS 3.1 RECOGNITION OF, UM, ISH, UH, GROWER 3.1.
[3.1 Recognition of Divyansh Agrawal, Finalist for the International Children’s Peace Prize ]
SO I HAVE HERE.OKAY, SO THE CITY COUNCIL IS PRESENTING A COMMENDATION TO ISH, A GROWER, A DOUBLING RESIDENT, AND THE STUDENT IN RECOGNITION OF HIS ACHIEVEMENT AS A FINALIST FOR THE 2025 INTERNATIONAL CHILDREN'S PEACE PRIZE.
THIS HONOR CELEBRATES HIS EXCEPTIONAL DEDICATION TO PROMOTING PEACE, JUSTICE, AND THE POSITIVE CHANGE AMONG YOUTH GLOBALLY.
WE WANT TO PRESENT, UM, THIS PROCLAMATION TO YOU AND ALSO FEEL FREE TO SHARE A FEW WORDS WITH US.
WOULD YOU LIKE ME TO COME FORWARD FIRST? UH, COME HERE.
UM, FIRSTLY, THANK YOU SO MUCH.
UM, I DID PREPARE A FEW WORDS.
UM, YEAH, FIRSTLY, THANK YOU SO MUCH.
UM, GOOD EVENING, HONORABLE MAYOR AND, UM, CITY COUNCIL MEMBERS AND CITY STAFF.
ATION AND PROCLAMATION MEANS A LOT.
UM, AND I'M REALLY GRATEFUL TO BE HERE.
UM, I THINK THAT IT'S ONLY BECAUSE OF DUBLIN AND THE AMAZING COMMUNITY THAT I'VE BEEN ABLE TO DO ANYTHING AT ALL.
UM, WHETHER THAT'S MY PARENTS WHO WERE WILLING TO LIKE, DRIVE ME TO STATE CAPITAL AND, AND HAVE ALWAYS SUPPORTED ME IN ALL MY ADVENTURES, OR WHETHER IT'S LIKE COMMUNITY LEADERS, UM, LIKE ALL YOURSELVES WHO ALWAYS INSPIRE ME ON A DAILY BASIS, OR WHETHER THAT'S MY AMAZING TEACHERS WHO ALWAYS TELL ME LIKE, YOU CAN DO IT.
RIGHT? UM, AND MY AMAZING PEERS WHO WERE WILLING TO JOIN ME ON THIS JOURNEY, UM, AND WERE WILLING TO JOIN ME ON THIS MISSION TO HELP, YOU KNOW, SAVE THE PLANET AND TO MAKE IT A BETTER PLACE.
UM, SO YEAH, I'M, I'M GRATEFUL FOR EVERYONE WHO'S JOINED ME, AND I THINK THAT DUBLIN IS A COMMUNITY WHERE YOUNG LEADERS ARE GIVEN THE OPPORTUNITY TO EXCEL.
UM, AND THAT'S WHAT I'M REALLY GRATEFUL FOR.
UM, WHETHER IT'S THROUGH DEBATE TEAMS THAT ARE IN OUR SCHOOLS SUCH AS FALLON MIDDLE SCHOOL THAT I WAS ABLE TO JOIN AT A YOUNG AGE, OR WHETHER IT'S LIKE THE YOUTH ADVISORY COMMITTEE OR THE DUBLIN MAYOR'S COUNCIL.
UM, THESE TYPES OF OPPORTUNITIES GIVE YOUNG LEADERS, UM, IN OUR CITY THE ABILITY TO BUILD UP THEIR LEADERSHIP SKILLS, THEIR SPEAKING SKILLS, THEIR, UM, COMMUNITY SERVICE SKILLS.
AND, AND THAT REALLY HELPS A LOT.
UM, AND SO I'M, I'M REALLY THANKFUL TO THE CITY AND TO EVERYONE.
AND DUBLIN'S ALWAYS GONNA BE MY HOME.
I'M A SENIOR IN HIGH SCHOOL, SO I'M ON MY WAY TO COLLEGE.
UM, AND SO NO MATTER WHERE I GO COLLEGE AND AFTERWARDS, I'M ALWAYS GONNA KEEP ALL OF YOU IN MY HEART AND DELVE IN MY HEART.
SO ONCE AGAIN, THANK YOU SO MUCH.
AND ALSO, I ALSO RECOGNIZE YOU AS THE, UH, PRESIDENT, CO-PRESIDENT FOR THE, UH, W MAYOR'S COUNCIL.
AND CONGRATULATIONS FOR YOUR GREAT WORK.
AND I WOULD LIKE TO, UM, REPRESENT OUR COUNCIL TO PRESENT THIS, UM, CERTIFICATE TO YOU.
YEAH, WE'LL TAKE PHOTO TOGETHER.
[3.2 Presentation of Banners to 2025 Military Banner Program Honorees]
OF BANNERS TO 2025 MILITARY BANNER PROGRAM, HONOR, RACE, GOOD EVENING, HONORABLE MAYOR, CITY COUNCIL MEMBERS JORDAN[00:05:01]
FOSS, UH, SENIOR MANAGEMENT ANALYST WITH THE CITY MANAGER'S OFFICE.AND ACTUALLY TONIGHT I'M FILLING IN FOR RHONDA FRANKLIN, WHO IS IN CHARGE OF THE 2025 MILITARY BANNER PROGRAM.
BUT IT'S MY HONOR TO BE ABLE TO PRESENT, UH, THE MILITARY BANNERS TO THE HONOREES THIS EVENING.
ALRIGHT, UH, SO THE PROGRAM STARTED IN 2018, AND TO DATE, WE HAVE HAD 80 TOTAL HONOREES.
THE BANNERS ARE DISPLAYED ALONG DOHERTY ROAD BETWEEN SCARLET DRIVE AND AMADOR VALLEY BOULEVARD, UH, FROM MEMORIAL DAY AND THEN THROUGH THE VETERAN'S DAY HOLIDAY.
TO BE ELIGIBLE TO APPLY FOR THIS PROGRAM, THE INDIVIDUAL MUST BE EITHER AN ACTIVE DUTY MILITARY OR A VETERAN.
UH, FURTHERMORE, THEY MUST EITHER BE A DUBLIN RESIDENT, UH, AN IMMEDIATE FAMILY MEMBER OF A DUBLIN RESIDENT, OR A FORMER DUBLIN RESIDENT WHO HAS HAD A POSITIVE IMPACT ON THE DUBLIN COMMUNITY.
APPLICATIONS FOR THE 2026 PROGRAM ARE NOT OPEN YET, BUT THEY WILL BECOME AVAILABLE IN FEBRUARY.
AND YOU CAN VISIT DUBLIN.CA.GOV/MILITARY BANNERS FOR MORE INFORMATION IF YOU'RE INTERESTED IN APPLYING.
SO NOW WE'LL MOVE ON TO THE PRESENTATION OF, UH, BANNERS TO OUR HONOREES.
SO FIRST UP, WE HAVE MACHINIST MATES, SECOND CLASS, CHAD CLEARY, WHO SERVED IN THE UNITED STATES NAVY, AND CHAD IS HERE THIS EVENING TO ACCEPT THE BANNER.
AND THEN WE ALSO HAVE CERTIFICATES, MAYOR, FOR YOU TO HAND TO EACH OF THE HONOREES.
WOULD YOU LIKE TO SAY A FEW WORDS BEFORE YOU COME UP?
UM, BUT I APPRECIATE, UH, YOU GUYS AND WHAT YOU'RE DOING FOR VETERANS AND RECOGNIZING THEM.
I DO HAVE TO SAY THAT, UH, I CAN'T RECALL THE LAST TIME I SAID THE PLEDGE OF ALLEGIANCE.
IT WAS PROBABLY GRADE SCHOOL, SO THAT WAS REFRESHING.
UH, AND TO MY FELLOW VETS AND SERVICE MEMBERS, UH, I'M A BIG ADVOCATE OF SUPPORTING MY FELLOW VETS.
SO IF ANYBODY WANTS TO CONNECT AFTER THE FACT AND, UH, COMMUNICATE AND, YOU KNOW, BE FRIENDS, GRAB A BEER, SOMETHING LIKE THAT, UM, I'M ALL ABOUT IT.
UH, AND OF COURSE, UH, I'LL PROBABLY BE A LIFELONG CIVIL SERVANT.
UH, SO I, UH, STILL SERVE MY COMMUNITY AND SERVE, UH, THE COUNTRY, UH, IN OTHER WAYS, UH, JUST AS YOU DO.
LIKE TO PRESENT THIS TO YOU AS RECOGNITION, AND ALSO WE'LL HAVE A, A PICTURE WITH
AND OUR NEXT HONOREE IS SERGEANT PAUL INGER, WHO IS A VETERAN OF THE US MARINE CORPS.
AND TO ACCEPT THE BANNER IS PAUL'S FAMILY.
DO YOU HAVE A FEW WORDS TO SHARE? FAMILY? A FEW WORDS.
WE'LL ARRANGE OURSELVES BEHIND, YOU KNOW, WHERE WE'RE GOING.
WE HAVE OUR VERY OWN SHANE FIELD WHO ACTUALLY WORKS HERE FOR THE CITY OF DUBLIN.
UH, HE SERVED AS A CORPORAL IN THE US MARINE CORPS, AND SHANE IS IN ATTENDANCE WITH HIS FAMILY TO ACCEPT THE AWARD AS WELL, OR THE HONOREE.
IF ANYBODY WANTS TO HEAR ME SPEAK, THEY CAN COME TO THE ZONING COUNTER.
BUT THANK YOU SO MUCH FOR THIS
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GREAT, THANK YOU.UH, NEXT UP WE HAVE STAFF SERGEANT JADEN KING, WHO CURRENTLY SERVES THE UNITED STATES ARMY AND ACCEPTING THE BANNER ON BEHALF AS HIS FATHER, LIEUTENANT COLONEL RICHARD KING OF CAMP PARKS.
SO, UH, WE WERE STATIONED HERE THE FIRST TIME, AND JAYDEN WAS A, UH, FRESHMAN, SOPHOMORE AT DUBLIN HIGH SCHOOL.
UH, WHEN WE CAME HERE LAST YEAR, SAW THE BANNERS.
I WAS LIKE, HEY, THAT WOULD BE A GREAT SURPRISE FOR HIM.
SO, MADE SURE AS SOON AS IT OPENED UP, WE, UH, WE PUT HIM IN.
AND THEN WHEN HE CAME HOME ON LEAVE TO SEE MY DAUGHTER GRADUATE DUBLIN HIGH SCHOOL, UH, HE WAS MORE THAN SHOCKED AND HONORED TO SEE, UH, IT FLYING OUTSIDE THE BASE.
AND OUR NEXT HONOREE IS LIEUTENANT COMMANDER CRAIG KNOX, WHO SERVED IN THE UNITED STATES NAVY AND ACCEPTING THE BANNER IS CRAIG, HIS WIFE AND HIS DAUGHTER.
UM, I DON'T HAVE MUCH TO SAY, BUT JUST THANK YOU FOR, TO MY WIFE WHO'S BEEN WITH ME SINCE I, UH, PRETTY MUCH SINCE I JOINED.
AND NEXT WE HAVE ONE OF OUR FORMER DUBLIN MAYORS AND THE NAMESAKE OF THIS VERY COUNCIL CHAMBER.
PETER WESLEY SNYDER, WHO SERVED IN THE UNITED STATES ARMY TO ACCEPT THE BANNER IS OUR CITY'S HISTORIAN, STEVE NIE, AS WELL AS PETER SON, BRIAN AND HIS WIFE MELISSA.
OH, YOU WANNA SAY SOMETHING A LITTLE BIT? ALRIGHT,
UM, I JUST WANNA SAY, UM, IT'S A HONOR FOR THE DUBLIN HISTORICAL SOCIETY TO PROMOTE THE MILITARY BANNER PROGRAM, AND IT WAS A SPECIAL HONOR TO BE ABLE TO HAVE PETE SNYDER, UH, APPEAR.
YOU WANT TO SHARE A FEW WORDS?
UH, I DON'T, FOR THOSE OF YOU THAT MIGHT KNOW MY DAD, WHO WAS VERY LONG-WINDED, SO I'LL KEEP IT SHORT.
UM, I GUARANTEE HE IS LOOKING DOWN FROM ABOVES, BEING VERY THANKFUL FOR EVERYBODY WHO'S INVOLVED IN THIS.
UM, STEVE, THANK YOU FOR THE HISTORICAL SOCIETY FOR SPONSORING MY FATHER.
UM, OTHER THAN THAT, IT WAS JUST A JOY JUST TO HAVE SOMEBODY SEND US THE THING AND GO OUT AND TAKE PICTURES BY HIM AND JUST BRING A TEAR.
ESPECIALLY BEING ACROSS FROM CAMP PARKS WHERE WE SPENT A LOT OF MY CHILDHOOD OUT THERE PLAYING BASKETBALL AND EVERYTHING ELSE.
BUT, UM, EVERYBODY THAT DOES ANYTHING FOR THE CITY, I KNOW THAT HE LOVES THAT BECAUSE HE WAS ALL ABOUT DOUBLING AND THAT'S WHY HE PUSHED FOR THE CITY.
SO, OTHER THAN THAT, YOU WANNA SAY ANYTHING? NO, THANK YOU.
THANK YOU VERY, VERY MUCH FOR HAVING US APPRECIATE.
SO HERE'S THE CERTIFICATE FOR STAND UP.
YES, STAND UP
UNFORTUNATELY, HE WAS UNABLE TO BE HERE THIS EVENING, BUT HE WILL BE PICKING UP HIS BANNER NEXT WEEK AND
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WE'D LIKE TO HONOR HIM.THAT CONCLUDES AND THANK YOU TO ALL OF OUR HONOREES FOR THEIR SERVICE AND FOR THEIR COMMITMENT.
[3.3 Employee Introductions]
MOVE ON TO 3.3 EMPLOYEE INTRODUCTIONS.GOOD EVENING, HONORABLE MAYOR AND CITY COUNCIL, JACKIE DWYER PARKS AND COMMUNITY SERVICES DIRECTOR, AND I AM EXCITED TO INTRODUCE TO YOU TONIGHT BEN KEEK, A SEASON RECREATION PROFESSIONAL, BRINGING NEARLY 20 YEARS EXPERIENCE TO THE PARKS AND COMMUNITY SERVICES TEAM.
BEN SPENT 16 YEARS WITH THE CITY OF BRENTWOOD, STARTING AS A LIFEGUARD AND WORKING HIS WAY UP TO RECREATION MANAGER BEFORE SPENDING THE LAST THREE YEARS WITH THE CITY OF STOCKTON, WHERE HE LED PUBLIC ART INITIATIVES, AQUATICS, SPORTS TEAM PROGRAMS, NEW FACILITY DEVELOPMENT, AND A SIZABLE OPERATING BUDGET.
BEN IS KNOWN FOR HIS COLLABORATIVE LEADERSHIP STYLE AND HIS DEDICATION TO PROVIDING HIGH QUALITY ACCESSIBLE SERVICES FOR THE COMMUNITIES HE SERVES.
HE HOLDS A BACHELOR'S BACHELOR OF SCIENCE IN KINESIOLOGY FROM FRESNO STATE GO BULLDOGS, AND IS CURRENTLY PURSUING HIS MASTER OF PUBLIC ADMINISTRATION FROM MY ALMA MATER OF CAL STATE EAST BAY, WHICH IS A TOUGH SCHOOL TO GET INTO.
UH, OUTSIDE THE OFFICE, BEN ENJOYS TIME WITH HIS TWO BOXER PUPS, DAISY AND LADYBUG, AND IS A SELF-PROCLAIMED OREO CONNOISSEUR.
IF YOU WANT TO SPARK A DEBATE.
IT'S NOT, IT'S BLUEBERRY, WHICH IS WEIRD.
UM, HIS OFFICE IS ON THE FIRST FLOOR AT CIVIC.
BEN WILL BE TACKLING THE NEW DUBLIN ART CENTER AND WILL ALSO OVERSEE SPECIAL EVENTS AND FAMILY SERVICES.
WE'RE THRILLED TO HAVE BEN WITH US.
I'M HAPPY TO BE HERE WITH YOU GUYS TONIGHT.
I'M EXCITED FOR THIS OPPORTUNITY AND I'M VERY MUCH LOOKING FORWARD TO SERVING THE DUBLIN COMMUNITY AND GIVING YOU GUYS MY BEST.
AND YEAH, THANK YOU SO MUCH, BEN.
WE'RE SO LOOKING FORWARD TO HAVE A, A GREAT, LIKE A ART CENTER WITH YOUR SUPERVISION.
SO I HAVE THIS LITTLE, UM, TALKING TO WELCOME YOU TO THE CITY.
OH, UH, WHAT'S THAT? I SAID, WELCOME ABOARD.
AND WHERE ARE
UH, MAYOR AND COUNCIL MEMBERS
AMY'S CURRENTLY THE ASSISTANT DIRECTOR OF THE DEPARTMENT, AND SHE BRINGS A TON OF EXPERIENCE IN THE PRIVATE AND PUBLIC SECTOR.
SHE STARTED HER CAREER AT A SMALL PLANNING FIRM IN SAN FRANCISCO, AND SHE WORKED, UH, FOR THE CITIES OF OAKLAND, ANAHEIM, VENETIA, AND THEN LANDED WITH US IN DUBLIN IN, UH, 2016.
AND SINCE JOINING OUR TEAM, SHE'S HELPED GUIDE, UH, MANY OF THE CITY'S MOST SIGNIFICANT DEVELOPMENT, UH, DEVELOPMENT AND HOUSING PLANNING PROJECTS.
AND SHE'S DEMONSTRATED HERSELF NOT ONLY AS KNOWLEDGEABLE, BUT AS A TEAM PLAYER AND A REALLY GREAT COMMUNICATOR.
UH, WE'RE THRILLED THAT SHE'S STEPPING INTO THIS NEW ROLE.
UH, PLEASE JOIN ME IN WELCOMING HER AS YOUR COMMUNITY DEVELOPMENT DIRECTOR.
I AM VERY EXCITED TO CONTINUE TO WORK WITH THE CITY IN THIS NEW ROLE.
I'M EXCITED TO SUPPORT THE COMMUNITY.
I'M EXCITED TO SUPPORT THE COUNCIL AND WORK WITH STAFF.
WE HAVE SUCH A GREAT TEAM, SO I'M REALLY LOOKING FORWARD TO THE WORK AND THE CHALLENGES TO COME.
THANK YOU SO MUCH AND CONGRATULATIONS.
UM, AND IT'S, UH, VERY WELL DESERVED.
AND WE HAVE BEEN WORKING WITH YOU IN THE PAST AND WE KNOW HOW GREAT YOU HAVE BEEN DOING THE WORK WITH US AND THE COMMUNITY, UM, SAYS THAT SAYS, UH, A ACHIEVEMENT YOU HAVE DONE.
UM, AND WE JUST WANT TO CONGRATULATE YOU AND THANK YOU.
SO AGENDA ITEM FIVE, CONSENT CALENDAR.
[4. PUBLIC COMMENT]
A PUBLIC COMMENT.SO AT THIS TIME, THE PUBLIC IS PERMITTED TO ADDRESS THE CITY COUNCIL ON LONG AGENDA IZED ITEMS. PLEASE STEP TO THE PODIUM AND CLEARLY STATE YOUR NAME FOR THE RECORD.
DO WE HAVE A PUBLIC COMMENT? YES, MAYOR.
WE DO HAVE SOME SPEAKERS HERE IN THE CHAMBER.
SO THE FIRST SPEAKER IS SHIRLEY LEWANDOWSKI.
I'M SHIRLEY LEWANDOWSKI, A LONG TIME MEMBER OF THIS COMMUNITY.
AT THE LAST COUNCIL MEETING, I SPOKE ABOUT MY GRANDPARENTS BEING GRANTED ASYLUM MANY YEARS AGO BECAUSE THEY WERE POLITICAL FUGITIVES FROM THE PHILIPPINES.
TODAY, THEY WOULD NOT BE GRANTED ASYLUM,
[00:20:01]
GIVEN THE CURRENT ADMINISTRATION'S DEHUMANIZING IMMIGRATION POLICIES, THE CRUEL ACTIONS OF ICE, AND THE THREAT OF CREATING DETENTION CENTERS IN AMERICAN CITIES LIKE DUBLIN.I HAVE A PERSONAL REASON AGAINST THE CLOSED FCI FACILITY, POTENTIALLY REPURPOSED AS AN ICE DETENTION CENTER.
MY FATHER WAS IN THE PHILIPPINES DURING WORLD WAR II.
HE WAS A YOUNG FILIPINO SCOUT WHO WAS RECRUITED INTO THE US ARMY AND PROMOTED TO THE FIRST LIEUTENANT IN A BATTLE IN THE PROVINCE OF BATAN.
IN 1942, HE WAS ONE OF 75,000 AMERICAN AND FILIPINO SOLDIERS, CAPPER CAPTURED BY THE IMPERIAL JAPANESE ARMY.
THEY WERE FORCED TO WALK 65 MILES IN THE HORRIFIC ORDEAL CALLED THE BATAN DEATH MARCH TOWARDS THE JAPANESE ENCAMPMENT AND PRISON DETENTION CAMP IN THE PROVINCE OF TUK, WALKING UNDER EXTREME HEAT, GIVEN ONLY A DAILY PALM OF RICE AND LITTLE WATER, IF ANY.
THE PRISONERS WERE ABUSED, BEATEN, AND EXECUTED ALONG THE WAY.
IF ANY PRISONER COLLAPSED FROM EXHAUSTION, DISEASE OR VIOLENCE, THE JAPANESE GUARDS WERE ORDERED TO KILL BY STABBING THAT PRISONER WITH THEIR RIFLE BAYONETS.
IT WAS A HORRIFIC NIGHTMARE FOR MY DAD, BUT HE WALKED A LOT LONGER AND FARTHER THAN ANY OF THE OTHER PRISONERS IN HIS GROUP.
BUT HE EVENTUALLY CONTRACTED DYSENTERY AND EVENTUALLY GRADUALLY BECAME TOO WEAK.
HE LAID IN THE DIRT WAITING TO BE BAYONETTED, BUT SOMEHOW THAT JAPANESE GUARD NEVER STABBED HIM.
JUST LEFT MY DAD ALONE TO DIE.
HISTORY TELLS OF THE MANY ATROCITIES THAT HAPPENED IN PRISONERS TO PRISONERS IN THAT HELL HELL HALL OF A JAPANESE DETENTION CAMP.
AN ESTIMATED 18,000 SOLDIERS DIED IN THE DEATH MARCH, AND THE CAMP AND THE THOUSANDS SURVIVED AND EVENTUALLY RESCUED WERE NEVER REALLY WHOLE AGAIN, INCLUDING MY DAD.
BUT I'M HERE TODAY BECAUSE HE SURVIVED.
THE HUNDREDS OF WOMEN IN PRISON AT FCI SINCE 1974, EXPERIENCED THEIR OWN WAR IN A HELL HOLE WHERE THEY WERE MISTREATED, PHYSICALLY ABUSED OR RAPED UNTIL IT WAS MERCIFULLY CLOSED IN APRIL OF LAST YEAR.
A WOMAN WHO SURVIVED FSI SPOKE BRAVELY AT THE LAST COUNCIL MEETING, BUT WILL SHE AND OTHER SURVIVORS EVER BEHOLD AGAIN TOO? GOD ONLY KNOWS I ASKED FOR THIS COUNCIL TO SIGN A RESOLUTION ON ICE OUT OF DUBLIN.
YOUR RESOLUTION MAY NOT BE LEGALLY BINDING, BUT IT IS MORAL, ETHICALLY AND THE RIGHT THING TO DO TO SHOW THAT HUMANITY IS NOT LOST IN DUBLIN.
I ASKED YOU TO DO THIS FOR THE VICTIMS AND SURVIVORS OF FSI FOR THE MANY INNOCENT IMMIGRANTS CURRENTLY IN DETENTION FACILITIES AND FOR THE MEMORIES OF THE PEOPLE IN THE DEATH MARCH OF BATAN AND MY DAD.
FIRST, A DEAR THAT JUST THE RULE FOR THE COMMENTS, UM, IF YOU REALLY, UM, AGREE OR YOU CAN RAISE YOUR HANDS, THAT'S WHAT WE DID LAST TIME.
THE NEXT MAYOR, THE NEXT SPEAKER IS STEPHANIE ERICKSON.
HI, UM, MY NAME IS STEPHANIE ERICKSON AND I TOO SPOKE HERE, UH, LAST COUNCIL MEETING TO REQUEST THAT YOU ADOPT RESOLUTION TO OPPOSE TURNING THE DISGRACED AND SHUTTERED FCI DUBLIN INTO AN ICE DETENTION FACILITY.
IT'S AN ISSUE I FEEL PASSIONATELY ABOUT, HENCE MY RETURN.
UM, I THANK YOU FOR LISTENING TO ALL OUR COMMENTS AND BEING OPEN TO OUR CONCERNS AND IDEAS.
I APPRECIATE HOW THE CITY HAS WRITTEN LETTERS IN APRIL AND NOVEMBER, CITING THE FACILITIES PROXIMITY TO RESIDENTIAL AREAS AND SPECIFIC HEALTH AND SAFETY CONCERNS AS REASONS NOT TO OPEN THE FACILITY.
HOWEVER, I HOPE THE COUNCIL WILL ALSO ADDRESS THE BIGGEST DANGER FROM THIS PROPOSED DETENTION CENTER.
THE THREAT OF RAMPED UP ICE SWEEPS, SOWING VIOLENCE AND FEAR, AND TEARING APART OUR WONDERFUL, DIVERSE COMMUNITY.
WE KNOW THAT ICE POLICIES CIRCUMVENT ESTABLISHED LEGAL PROTECTIONS.
THESE INCLUDE WIDESPREAD USE OF EXPEDITED REMOVALS, THE SEPARATION OF FAMILIES AND GENERAL INHUMANE TREATMENT OF ITS TARGETS.
NOT TO MENTION RACIAL PROFILING AND THE CAVALIER ATTITUDE ABOUT ITS DEPORTATION MISTAKES.
THE TRUMP ADMINISTRATION THRIVES ON PEOPLE AND INSTITUTIONS NOT PUSHING BACK AGAINST ITS INTIMIDATION.
WE'VE SEEN THIS IN SOME OF OUR TOP UNIVERSITIES, IN SOME OF OUR NEWS METERS, ME MEDIA, AND
[00:25:01]
IN MANY OTHER PLACES SHOULD I MENTION CONGRESS.BUT GUESS WHAT? SUCH CONCILIATION TENDS TO INVITE MORE INTIMIDATION, NOT LESS, AND OFTEN AN EXPANSION OF TARGETS.
FOR EXAMPLE, SINCE RETURNING TO OFFICE, TRUMP HAS IMPOSED MORE RESTRICTIONS ON LEGAL IMMIGRATION.
BUT NOW HE SAYS HE WANTS TO BAN ALL MIGRATION FROM THIRD WORLD COUNTRIES INTO THE US WHAT'S NEXT? CANCELING VISAS.
SO PLEASE ADOPT A STRONG RESOLUTION OPPOSING THE ICE DETENTION CENTER, SUCH AS THE ONE PROPOSED BY THE ICE OUT OF DUBLIN COALITION.
I ALSO URGE YOU TO BE AS CREATIVE AS POSSIBLE IN DEVISING MEASURES TO HELP PROTECT DUBLIN RESIDENTS FROM IMMIGRATION ENFORCEMENT EFFORTS, WHETHER OR NOT AN ICE DETENTION CENTER IS OPENED.
THESE MIGHT INCLUDE RESTRICTING SUCH ENFORCEMENT ACTIVITIES FROM CITY PROPERTIES, AS WELL AS DISSEMINATING INFORMATION TO DUBLIN RESIDENTS ABOUT THEIR OWN AND THEIR NEIGHBOR'S RIGHTS.
ADDITIONALLY, IT COULD INCLUDE ESTABLISHING A COMMITTEE TO ELICIT THE SPECIFIC CONCERNS OF IMPACTED RESIDENTS AND TO MONITOR ICE ACTIVITY.
FINALLY, IT COULD FACILITATE WAYS FOR DUBLIN RESIDENTS TO SUPPORT AFFECTED FAMILIES SUCH ACTIONS TAKE COURAGE AND PROVIDE INSPIRATION TO OTHERS.
PERHAPS JUST NEED YOUR TIME IS UP.
UH, PERHAPS IT WILL ALSO ENCOURAGE OTHER AREA CITIES TO JOIN YOU IN OPPOSING AN ICED DETENTION CENTER IN THE TRI-VALLEY.
NO, I, I'M, I'M, YEAH, I JUST, UH, BE A FRIENDLY REMINDER.
NO CHAIRS, NO CHAIRS FOR THE PUBLIC COMMENTS.
IF YOU REALLY LIKE IT, JUST DO THIS, DO THIS.
UM, THAT'S JUST HOW WE WE DO THIS.
THE NEXT SPEAKER IS MIKE GRANT.
MIKE GRANT, GUNS UNLIMITED FIREARMS TRAINING IN DUBLIN.
I WASN'T GONNA SPEAK TONIGHT, BUT I STARTED SEEING ALL THE INDIVISIBLE PEOPLE START SHOWING UP.
SO I THOUGHT WE'D GO OVER THE SPEAKING THING FROM LAST MEETING.
THE NUMBER ONE PUBLIC COMMENT WAS OBVIOUSLY ABOUT ICE.
I HAVEN'T GOT A PROBLEM WITH ICE.
I DON'T KNOW WHY ANYBODY WOULD LIVE IN FEAR OR ARE THEY ILLEGAL OR DO THEY KNOW WHERE ILLEGALS ARE AT? THAT'S THE QUESTION I WOULD ASK THE INDIVISIBLE PEOPLE.
DO THEY KNOW WHERE THEY'RE AT? SO IF THEY ARE, THAT'S THE LAW.
IS TITLE EIGHT USC 1324 HARBORING ENCOURAGING CONSPIRACY AIDING AND ABETTING ILLEGALS IS TRI.
I SAY IT AGAIN, IS A TRI-VALLEY INVIS INDIVISIBLE ORGANIZATION DOING THIS IN ANY WAY? BECAUSE IF THEY ARE ICE WILL BE IN TOWN.
I JUST WANNA REMIND ALL OF YOU, YOU TOOK AN OATH TO SUPPORT THE CONSTITUTION, THE UNITED STATES.
AND WHAT THAT INCLUDES IS ALL FEDERAL LAW ENFORCEMENT THAT INCLUDES ICE, F-B-I-A-T-F, SO ON THIS CITY HAS NO JURISDICTION OVER 'EM.
DPS CAN'T STOP 'EM FROM COMING IN.
THEY'LL BASICALLY JUST TELL THE THE POLICE TO TAKE A DONUT AND GO GET SOME COFFEE BECAUSE THEY'RE GONNA TAKE CARE OF THE PROBLEMS. THAT'S THE WAY IT WORKS.
AND I DON'T UNDERSTAND WHY WE'RE EVEN INVOLVED IN THIS.
THERE ARE SEVERAL PEOPLE IN TOWN, AND I'VE TALKED TO SEVERAL OF YOU ABOUT THIS.
IF THIS GOES THROUGH WITH THIS MEMORANDUM OR WHATEVER YOU'RE TALKING ABOUT, THERE'S FIVE LETTERS GOING OUT TO THE ICE FACILITY AND THE HOMELAND SECURITY IN SAN FRANCISCO, WASHINGTON.
AND THEY'RE ALL DIRECTED TO THE PRESIDENT OF THE UNITED STATES.
WE WANT ICE IN TOWN AND I WANT 'EM HERE FULL TIME RIDING AROUND IN THE WHITE VANS LOOKING FOR THESE ILLEGALS BECAUSE THEY'RE IN PLEASANTON.
AND IF YOU DON'T BELIEVE THAT, GO TO HOME DEPOT.
HOME DEPOT, LIVERMORE, WE KNOW IS LOADED WITH 'EM BECAUSE THEY JUST GOT ONE OUT AT WINTE AND HE'S SITTING IN MEXICO NOW.
SO THIS HAPPENED LATE LAST MONTH, TWO JUNE OR WHATEVER.
IT'S NOT THE IDEA OF ILLEGAL IMMIGRATION OR NOT ILLEGAL, BUT BEING AGAINST LEGAL IMMIGRATION.
IT'S AGAINST THE ILLEGALS ACROSS THE BORDER.
LOOK WHAT'S GOING ON RIGHT NOW.
WE'VE HAD ALL THESE PEOPLE CAME IN FROM AFGHANISTAN.
WE ARE GOING TO HAVE A PROBLEM.
NOW, I'M NOT SAYING THE ONES THAT CAME ACROSS THE SOUTHERN BORDER ARE, BUT I'M TELLING YOU THERE'S GONNA BE A TERRORIST ACT.
AND WHEN IT HAPPENS, AND IF IT HAPPENED IN THIS TOWN, WE HAVE A MASS SHOOTING, BASICALLY A SHOOTING IN THIS TOWN.
AND IT'S AN ILLEGAL, ALL OF YOU GUYS, IF YOU DON'T DO SOMETHING ABOUT THIS AND STOP THESE PEOPLE FROM COMING INTO OUR TOWN, STIRRING UP THIS BUCKET AND GO STAY IN THEIR OWN TOWN.
THE 30 SOME PEOPLE THAT SPOKE HERE THE OTHER NIGHT, I'LL GUARANTEE YOU THERE WAS ONLY 10 OF THEM OR 12 THAT LIVED IN DUBLIN.
THIS IS OUTSIDE INFLUENCES COMING INTO DUBLIN, SIMILAR TO SANCTUARY
[00:30:01]
STATE, THE THE CITY CRAP.AND THEN THE THE OTHER ONE WAS, UH, THE TRIGGER LOCKS.
ALL THIS STUFF, IT'S ALL INVASION.
IF YOU HAVEN'T GOT ANYTHING GOOD TO SAY ABOUT IT, DON'T COME TO DUBLIN.
THE NEXT SPEAKER IS DOUGLAS YOSHIDA.
I'M AN EMERGENCY PHYSICIAN AT STANFORD TRI VALLEY MEDICAL CENTER.
AND I WANT TO THANK THE COUNCIL FOR CONSIDERING THE EYESIGHT OF DUBLIN RESOLUTION TO OPPOSE THE FCI CONVERSION TO THE ICE FACILITY.
I AM SURE YOU REMEMBER ALL THE GREAT TESTIMONY TWO WEEKS AGO.
PREVIOUSLY WHEN I WAS HERE, I DESCRIBED THE POTENTIAL IMPACTS ON OUR HEALTHCARE SYSTEM HERE IN THE TRI VALLEY AREA.
WE KNOW THAT ICE FACILITIES PROVIDE LITTLE OR NO MEDICAL CARE AND A NEW DETENTION FACILITY, AND WE'LL PUT A STRAIN ON OUR ALREADY OVERLOADED ER AND INPATIENT FACILITIES.
THIS WILL AFFECT EVERYONE, RICH OR POOR CITIZEN OR UNDOCUMENTED.
BUT IMAGINE IF YOU'RE AN IMMIGRANT, LEGAL OR NOT.
YOU GO TO THE HOSPITAL, YOU SEE BLACK SUVS BLACKED OUT, WINDOWS, MASK GUARDS, PATROLLING.
THE HALLS ARE GONNA BE BE SAFE SEEKING MEDICAL CARE.
YOU'VE HEARD WHEN AN ICE FACILITY IS BUILT, LOCAL IMMIGRANT COMMUNITY IS MANY TIMES MORE LIKELY TO BE DETAINED.
IF THERE'S NOT, IF THERE ISN'T ONE NEARBY.
DRIVEN BY THE ADMINISTRATION'S MANDATE TO ARREST 3000 PEOPLE PER DAY.
ICE IS DETAIN LEGAL RESIDENTS, CHILDREN, AND EVEN CITIZENS.
AS YOU KNOW, DUBLIN IS ONE OF THE FASTEST GROWING CITIES IN CALIFORNIA.
ALL AROUND WE SEE NEW BUSINESSES, NEW HOUSING BEING BUILT ALMOST ALL BY IMMIGRANTS.
MANY OF THEM, PROBABLY MOST OF 'EM NOT DOCUMENTED.
ARE THESE WORKERS GONNA FEEL SAFE COMING TO A JOB SITE LESS THAN A FEW MILES AWAY? THERE'S A PRISON THAT COULD INCARCERATE THEM AND A THOUSAND OTHER PEOPLE.
WHEN THERE'S A LARGE EYES P, WE KNOW THAT LOCAL BUSINESSES SUFFER WITH DECREASED BUSINESS, AND THERE'S AN INCREASE OF SCHOOL ABSENTEEISM UP TO 50% TRUMP'S MOST RECENT ATTACK ON IMMIGRANTS.
AFTER THE TRAGIC SHOOTING OF TWO, NATIONAL GUARDSMEN WILL FURTHER TERRORIZE OUR FOREIGN BOARD COMMUNITY.
THE BARRIER IS HOME TO THE LARGEST AFGHAN POPULATION IN AMERICA.
SHOULD HE GO THROUGH WITH THIS, IN HIS HIS NEWEST THREATS, HE'LL BE ROUNDING UP THOUSANDS OF REFUGEES AND HE WILL NEED SOMEWHERE TO PLACE THEM.
CONTRARY TO OUR CURRENT GOVERNMENT'S ASSERTIONS IMMIGRANTS, INCLUDING REFUGEES, WHETHER DOCUMENT OR NOT CREATE CRIMES AT TWO TO FOUR TIMES LESS THAN THE NATIVE BORN POPULATION, THE RESIDENTS, BUSINESS OWNERS AND WORKERS OF IN DUBLIN DESERVE A SAFE AND SECURE PLACE TO LIVE, LEARN, SERVE, AND EARN A LIVING.
THEY SHOULD BE FREE FROM FEAR, FROM BEING SNATCHED UP OFF THE STREET AND BEING COMPLICIT IN AN AUTOCRACY PASSING.
THE RESOLUTION IS A BOLD STEP IN STANDING UP AGAINST THIS TYRANNY.
AND MAYOR, THE LAST SPEAKER IS CHEAN.
HEY, GOOD EVENING, UH, HONORABLE MAYOR, COUNCIL MEMBERS, CITY STAFF, AND FELLOW RESIDENTS.
I'M A PROUD, UH, PROUD TO CALL DISTRICT FOUR AS MY HOME.
I'M HERE TO, UH, TONIGHT TO SHINE A LIGHT ON MEASURE II, THE OPEN SPACE INITIATIVE THAT DUBLIN RESIDENTS APPROVED IN THE 2024 ELECTION.
THIS MEASURE WASN'T JUST AN ITEM ON BALLOT, IT WAS A COLLECTIVE STATEMENT BY OUR COMMUNITY ABOUT THE KIND OF FUTURE WE WANT FOR OUR CITY.
MEASURE II GIVES THE CITY OF DUBLIN THE ABILITY TO ACCEPT A LAND DONATION THAT WOULD FINALLY ALLOW THE EXTENSION OF DUBLIN BOULEVARD, 1.5 MILES EAST TOWARDS NORTH CANYON IN, UH, LIVER MO LIVERMORE.
UM, FOR US THIS EXTENSION REPRESENTS REAL, TANGIBLE IMPROVEMENTS TO DAILY LIFE.
IT MEANS SMOOTHER COMMUTES, EASIER MOMENT ACROSS CITY, AND LESS TIME AND TRAFFIC FOR FAMILIES TRYING TO GET HOME TO THEIR LOVED ONES.
ANOTHER MAJOR BENEFIT IS IMPROVED 9 1 1 RESPONSE TIME.
SOMETHING SOMETHING THAT DIRECTLY IMPACTS SAFETY AND PEACE OF MIND FOR EVERY RESIDENCE.
JUST AS IMPORTANT, THE MEASURE PRESERVES A HUNDRED ACRES OF OPEN SPACE AND INCREDIBLE COMMUNITY ASSET.
DUBLIN FAMILIES HAVE SHOWN TIME AND TIME AGAIN, HOW MUCH THEY VALUE GREEN SPACES, TRIALS AND NA AND NATURAL AREAS.
ALONG THAT, ALONGSIDE THE PRESERVATION MEASURE, I I ALLOWS FOR LIMITED COMMERCIAL DEVELOPMENT FOR THE ADJACENT AND 80 ACRES DONE THOUGHTFULLY.
THIS CREATES A UNIQUE OPPORTUNITY TO WELCOME IT COMPANIES,
[00:35:01]
STARTUPS, INNOVATIVE BUSINESSES THAT WANT TO INVEST IN COMMUNITIES WITH STRONG VALUES AND STRONG FAMILIES BRINGING IN.UH, THESE COMPANIES ISN'T JUST ABOUT BUILDING, UH, OFFICES OR BUILDINGS, IT'S ABOUT CREATING HIGH QUALITY JOBS, SUPPORTING LOCAL, LOCAL ENTREPRENEURS, AND GIVING YOUNG PEOPLE REAL OPPORTUNITIES CLOSE TO HOME.
THIS KIND OF RESPONSIBLE GROWTH ALSO SUPPORTS OUR BUSINESSES, OUR SMALL BUSINESSES, RESTAURANTS, SHOPS, SERVICE PROVIDERS BECAUSE MORE WORKERS AND COMPANIES IN DUB DUBLIN MEANS MORE BUSINESS, UM, AND, UH, AND MORE VIBRANT ECONOMY.
EVERYONE IN THE COMMUNITY BENEFITS.
I RESPECTFULLY, RESPECTFULLY, I'M RESPECTFULLY ASKING THE CITY COUNCIL TO PRIORITIZE ACTION ON THIS ORDER APPROVED MEASURE, WORKING WITH NEIGHBORING CITIES, REGIONAL PARTNERS AND COMMUNITY MEMBERS TO BRING THIS LONG SUPPORTED PROJECT TO LIFE AS AN ENGAGED RESIDENT.
WE, I WILL CONTINUE TO FOLLOW PROGRESS AND PARTNER WITH COUNCIL MEMBERS LIKE-MINDED CO COUNCIL MEMBERS.
I HOPE AND EXPECT YOU WILL HONOR THE OVERWHELMING WELL OF THE PEOPLE.
THANK YOU FOR YOUR TIME AND FOR YOUR CONTINUED SUPPORT.
[5. CONSENT CALENDAR ]
GOING TO AGENDA ITEM FIVE, CONSENT CALENDAR.SO CONSENT CALENDAR ITEMS ARE TYPICALLY NON-CONTROVERSIAL IN NATURE AND ARE CONSIDERED FOR APPROVAL BY THE CITY COUNCIL WITH ONE SINGLE ACTION.
AND I WANT TO ASK MY COUNCIL MEMBERS, DO YOU HAVE ANY COMMENTS OR QUESTIONS REGARDING TO ALL THE AGENDA ITEMS? 5 1 2, 5 0.7.
I WANTED TO MAKE A COMMENT ON, UM, I GOTTA FIND THE NUMBER.
UM, 5.3, BUT, BUT NO SEPARATE VOTE.
UM, WE, WE WILL LET YOU TO MAKE COMMENTS.
MY, UH, COMMENTS ARE JUST TO HIGHLIGHT THE PROJECT FOR THE PUBLIC.
UM, THIS IS A TEMPORARY ART PROJECT OF, UM, PAINTED BARRELS THAT WILL BE DISPLAYED THROUGHOUT THE COMMUNITY.
AND, UM, IF PEOPLE HAVEN'T HAD AN OPPORTUNITY TO LOOK AT THE PACKET, UM, I WANNA ENCOURAGE PEOPLE TO DO SO BECAUSE, UM, SOME OF THESE DESIGNS ARE REALLY, REALLY NEAT AND, UM, I CANNOT WAIT FOR THESE, UM, BARRELS TO GO OUT TO THE PUBLIC.
AND, UM, MAYBE THERE'S A TINY QUESTION THERE AS WELL.
IS, UM, AT THE END OF THE PROJECT, AT THE END OF TEMPORARY ART, WHAT HAPPENS TO THE ART? DOES IT GO UP FOR AUCTION? DOES IT GO BACK TO THE ARTIST TO SELL? IF THEY'RE INTERESTED IN IT, WHAT DO WE DO AT THE END OF TEMPORARY ART PROJECTS? WE HAVE, UH, THANK YOU FOR THE QUESTION.
WE HAVE AUCTIONED OFF, UM, A SIMILAR PROJECT IN THE PAST.
WE, WE DID PAINTED ADIRONDACK CHAIRS AND THEY WERE VERY POPULAR.
UM, AND, UH, AS I I KNOW A FEW PEOPLE THAT PURCHASED THEM AT THE END OF THE PROGRAM AND HAVE THEM IN THEIR BACKYARD.
SO, UM, JACKIE AND I HAVE SORT OF PERIPHERALLY TALKED ABOUT THIS, BUT WE IMAGINE DOING SOMETHING LIKE THAT AGAIN SO THAT FOLKS CAN TAKE THE ONES THAT THEY REALLY LOVE HOME.
THEY'RE, THEY'RE ABSOLUTELY BEAUTIFUL.
DO YOU HAVE COMMENTS TOO? I DO.
UM, I APPRECIATE THE PROJECT AND, AND, UH, THE VARIETY OF, OF THE ARTWORK.
UM, I REALIZE ART IS QUITE SUBJECTIVE.
THERE WAS ONE IN PARTICULAR THAT STOOD OUT TO ME, UM, WHICH WAS ENTITLED EL MUCO.
UH, AND BEING THAT THIS IS GONNA BE AT A FAN INTENDED TO BE AT A FAMILY FRIENDLY EVENT, I WOULD JUST BE, UM, CONSCIOUS ABOUT WHERE THAT'S PLACED.
UH, UH, IT, IT CAME ACROSS AS A BIT DISTURBING
UH, AND, AND SO I'M NOT, I'M NOT ADVOCATING FOR GOING AGAINST THE, THE WILL OF THE COMMISSION AND, AND I'M SURE THEY LOOKED INTO THIS.
JUST BE COGNIZANT OF WHERE THAT'S PLACED.
AND, UM, UH, IF THERE'S A WAY TO, I GUESS, MINIMIZE YOUNGER YOUTH OR, OR CHILDREN, UH, TODDLERS IN PARTICULAR, I, I, I WOULD, UH, ADVOCATE FOR THAT.
THERE ARE CERTAINLY AREAS OF OUR EVENTS THAT, UM, HAVE MORE ADULTS THAT, UM, THE, I THINK THERE'S THE, UH, THE VIP AREA AT SPLATTER AS AN EXAMPLE.
AND WE WOULD, UH, THANK YOU FOR THE NOTE ON THAT.
WE WOULD SEEK TO PUT, UM, UH, THAT ONE AND, YOU KNOW, WE'LL MAKE SURE THAT WE'VE COVERED ALL OUR BASES ON THE OTHER ONES, BUT WE'LL, WE'LL SELECT A LOCATION THAT'S MORE APPROPRIATE FOR ADULTS FOR THAT ONE.
IS THE 5.5 A LOT OF QUESTIONS OR JUST SIMPLE QUESTION? FINE.
SO WE'LL, WE'LL PASS ALL THE OTHER AGENDA ITEMS FIRST AND THEN WE'LL GO THROUGH 5.5.
[00:40:01]
CALENDAR MINUS ITEM 5.5 AND I'LL SECOND.SO LET'S MOVE, UM, THAT ALL IN FAVOR SAY AYE.
SO THE MOTION PASSES ANONYMOUSLY, SO 5.5.
[5.5 Annual Report of Developer Impact Fee Funds Deposits: Pursuant to California Government Code Sections 66002, 66006, and 66008 (AB 1600) ]
UM, GO AHEAD.UH, SO THE 5.5, THE, I JUST, I'M GONNA ASK SEVERAL PROCEDURAL QUESTIONS, UH, FOR GENERAL PUBLIC AWARENESS.
UH, THERE, THERE'S A LOT OF MONEY INVOLVED HERE, SO I WANNA MAKE SURE THAT WE EXPOSE AND, AND, AND PROVIDE THE RIGHT CONTEXT FOR HOW THINGS ARE BEING DONE WITH REGARD TO THE IMPACT THESE, OKAY.
UH, SO REALLY JUST THREE QUESTIONS, BUT AGAIN, VERY PROCEDURAL.
UM, NUMBER ONE, UH, WHICH IS THE, THE FACT THAT WE'RE HOLDING THE FUNDS FOR FIVE YEARS.
I WANNA, I'M GONNA STAY ON THAT THEME FOR JUST A MOMENT.
THE, UH, WE, WE'VE COLLECTED THEM RIGHT OVER TIME AND WE HOLD 'EM FOR FIVE YEARS.
UM, IS THERE ANY PENALTY, UH, THAT HAPPENS AFTER FIVE YEARS IF WE DO NOT USE THOSE FUNDS? NO.
UM, PART OF THE AB 1600 IS TO REVIEW AND TO MAKE SURE, UM, THERE IS NO PENALTY AS LONG AS WE HAVE A PLAN TO USE THEM IN THE FUTURE.
UM, THE LAW KIND OF KNOWS THAT THESE FUNDS ARE COLLECTED OVER A LONG PERIOD OF TIME AND AREN'T NECESSARILY USED RIGHT AWAY.
SO AS LONG AS, UH, THERE ARE PROJECTS, UM, COME UP AND COMING, THEN NO, THERE'S NO, UM, THERE'S NO PENALTY.
AND STAYING ON THAT SAME THEME, BECAUSE THESE ARE VERY LONG DURATION PROJECTS, UH, THESE ARE CAPITAL PROJECTS, RIGHT? THEY'RE NEW PROJECTS.
THEY'RE NOT MAINTENANCE OF A ROAD, THEY'RE BUILDING SOMETHING NEW, RIGHT? JUST CLARIFY.
IT HAS TO BE NEW, UH, PROJECTS.
AND THEN, UH, THE FINAL QUESTION THAT I HAVE FOR YOU IS, UH, ON THE STAFF REPORT, ON PAGE TWO, OH, NO APOLOGIES.
UH, PAGE THREE, IT SHOWS THE DIFFERENT SOURCES OF FEES.
SO THEREFORE, DOES THAT MEAN THAT AS WE COLLECT FOR THESE FEES, THEY GO INTO A SPECIFIC ACCOUNT FOR THAT PARTICULAR PURPOSE? AND WE CANNOT COMMINGLE FUNDS SO THAT WE CAN'T JUST SHIFT MONEY AROUND, RIGHT? NO.
SO EVERY FEE HAS ITS OWN FUND, SO EVERYTHING'S BIFURCATED.
SO IT'S VERY CLEAR THE MONEY COMING IN AND MONEY GOING OUT.
YOU GOOD EVERYBODY? I'M JUST GONNA MAKE A MOTION.
PLEASE, UH, MAKE A MOTION TO, UH, ACCEPT ITEM 5.5 ON THE CONSENT CALENDAR.
SO THE MOTION PASSES UNANIMOUSLY.
[6.1 Amendments to the Downtown Dublin Specific Plan and Dublin Municipal Code for Outdoor Live Entertainment (PLPA-004212-2025) ]
6.1 AMENDMENTS TO THE DOWNTOWN DUBLIN SPECIFIC PLAN AND THE DOUBLING MUNICIPAL CODE FOR OUTDOOR LIVE ENTERTAINMENT.BIAS HERE TO PRESENT THIS ITEM, WHICH THE ITEM IS PROPOSING, UH, TO CHANGE THE DOWNTOWN DUBLIN SPECIFIC PLAN, AS WELL AS THE DUBLIN MUNICIPAL CODE FOR OR TO ALLOW, UM, OUTDOOR LIVE ENTERTAINMENT IN THE DOWNTOWN SPECIFIC PLAN AREA.
AS BACKGROUND AND KINDA, WHY ARE WE HERE TALKING ABOUT THIS TONIGHT? I REALLY DO THINK IT'S IMPORTANT THAT WE GO OVER THE VISION OF THE DOWNTOWN DUBLIN SPECIFIC PLAN.
SO I AM GONNA READ THIS RATHER QUICKLY, TO CREATE A VIBRANT, DYNAMIC COMMERCIAL AND MIXED USE CENTER THAT PROVIDES A WIDE ARRAY OF OPPORTUNITIES FOR SHOPPING SERVICES, DINING, WORKING, LIVING AND ENTERTAINMENT IN A PEDESTRIAN FRIENDLY AND AESTHETICALLY PLEASING SETTING THAT ATTRACTS BOTH LOCAL AND REGIONAL RESIDENTS.
IN 2023, THE COUNT OR THE CITY DID ADOPT, UM, COU, UH, CITYWIDE THE OUTDOOR SEATING DESIGN GUIDELINES, WHICH CREATES OPPORTUNITIES FOR HIGH QUALITY ENVIRONMENT FOR OUTDOOR DINING EXPERIENCE WITH ESTABLISHING AREAS THAT ARE APPROPRIATELY DESIGNED AND APPROPRIATELY LOCATED FOR THOSE ACTIVITIES.
THESE GUIDELINES ENCOURAGE CREATIVE DESIGN THAT WILL ENRICH THE DUBLIN COMMUNITY.
SINCE THAT ADOPTION, WE'VE BEEN CONTINUING TO WORK WITH BUSINESS OWNERS TO ENCOURAGE A MIX OF COMPLIMENTARY LAND USES, INCLUDING ENTERTAINMENT IN THE DOWNTOWN AREA.
SO WHAT SPECIFICALLY ARE WE PROPOSING TO CHANGE?
[00:45:01]
UM, FIRST WE'RE ADDING A NEW DEFINITION FOR WHAT IS THE LAND USE OUTDOOR LIVE ENTERTAINMENT.AND IT'S PRESENTED HERE ON THE SLIDE.
THE TERM OUTDOOR LIVE ENTERTAINMENT SHALL MEAN LIVE ENTERTAINMENT THAT OCCURS IN OUTDOOR AREAS, NOT WITHIN A FULLY ENCLOSED PERMANENT STRUCTURE AND ASSOCIATED WITH AN OUTDOOR DINING.
THIS INCLUDES LIVE MUSIC AND OR AMPLIFIED SOUND.
IN ADDITION, WE ARE ADDING STANDARDS FOR HAVING OUTDOOR LIVE ENTERTAINMENT.
AND I'LL WALK YOU THROUGH WHAT THOSE STANDARDS WILL BE IN THE NEXT FEW SLIDES.
AND WE'RE ADDING A PERMITTING PROCESS FOR OUTDOOR LIVE ENTERTAINMENT.
AGAIN, I JUST WANTED TO HIGHLIGHT HERE THAT, UH, IT'S IMPORTANT TO NOTE, WE'RE ONLY TALKING ABOUT, UM, ALLOWING THIS LAND USE IN THE DOWNTOWN DUBLIN SPECIFIC PLAN AREA, NOT CITYWIDE.
AND THIS FIGURE HERE DEPICTS THE LOCATION OF THE DOWNTOWN SPECIFIC PLAN AREA.
GETTING INTO A LITTLE BIT ABOUT, UH, THE PROPOSED AMENDMENT INCLUDES, AGAIN, WE ALREADY DISCUSSED WHAT THE DEFINITION OF OUTDOOR LIVE ENTERTAINMENT BE, BUT WE'RE ADDING A NEW CHAPTER TO THE ZONING ORDINANCE, WHICH WILL BE CHAPTER 8.41.
UM, THIS IS REALLY SIMILAR TO HOW WE REGULATE OTHER LAND USES, SUCH AS HOME OCCUPATIONS OR INDOOR RECREATION.
AND UNDER THIS NEW CHAPTER, WE'RE GOING TO ESTABLISH, UH, AGAIN, OUR LOCATION, WHICH IS THE DOWNTOWN SPECIFIC PLAN IN AN APPROVED OUTDOOR DINING AREA.
AGAIN, IT'S IMPORTANT TO NOTE THAT THAT OUTDOOR DINING AREA WILL HAVE TO COMPLY WITH OUR GUIDELINES THAT WE ALSO HAVE ESTABLISHED FOR OUTDOOR DINING AREAS.
THE REGULATIONS WILL ALSO SET HOURS OF OPERATIONS, WHICH WE'RE PROPOSING TO BE LIMITED FROM 10:00 AM TO 8:00 PM SUNDAY THROUGH THURSDAY, AS WELL AS 10:00 AM TO 10:00 PM FRIDAYS AND SATURDAYS.
THE AREA OR THE PROPOSED USES FOR THE OUTDOOR DINING SPACE, INCLUDING THE LIVE ENTERTAINMENT AREA, WILL HAVE TO MEET ALL BUILDING AND FIRE CODE SAFETY REQUIREMENTS, INCLUDING A DA, AND BUILDING SAFETY IF, UH, POWER OR ELECTRICAL USES ARE GONNA BE INCLUDED.
UM, AND IN ADDITION, IT SITES THAT, UH, MAKING SURE THAT IF ANY AMPLIFIED SOUND MUST COMPLY WITH THE CITY'S NOISE ORDINANCE AND BE LIMITED TO MUSIC AND HUMAN SPEECH.
THE PERMITTING PROCEDURE THAT WE'RE PROPOSING FOR OUTDOOR LIVE ENTERTAINMENT WILL BE THAT, UM, IT WILL BE APPROVED THROUGH THE ZONING CLEARING PRO CLEARANCE PROCESS.
THIS IS WHAT'S CONSIDERED AN ADMINISTERIAL PROCESS, MEANING IT'S APPROVED BY A STAFF LEVEL AUTHORIZATION.
SO IF YOU MEET ALL THE REQUIREMENTS THAT ARE SET OUT IN CODE, UM, AND COMPLY WITH THAT, THEN YOU SHOULD RECEIVE YOUR ZONING CLEARANCE THROUGH A STAFF LEVEL.
IF YOU CAN'T, FOR SOME REASON, MEET ALL OF THE STANDARDS, THEN THERE'LL ALSO BE AN OPTION TO HAVE A MINOR USE PERMIT.
THOSE WOULD BE FOR SOME KIND OF PROPOSAL THAT WOULD NEED MORE FLEXIBILITY OR WOULD EXCEED OUR STANDARDS FOR, AGAIN, EITHER OUR OUTDOOR DINING GUIDELINES AND OR OUR OUTDOOR LIFE ENTERTAINMENT SECTION.
THIS ALLOWS STAFF TO LOOK AT SITE SPECIFIC CONDITIONS AND ENSURE THAT THE THERE IS COMPATIBILITY WITH THE SITE SPECIFIC CONDITIONS AND REQUIREMENTS.
AS PART OF DEVELOPING THIS CODE.
WE DID SOME RESEARCH FROM THE SURROUNDING JURISDICTIONS, THE ATTACHMENT FOUR, AND YOUR STAFF REPORT INCLUDES A FULL TABLE, BUT, UM, I JUST DID WANNA WALK YOU THROUGH A COUPLE LOCALS.
UM, BEING THE REMOTE MOST ROBUST REGULATOR HAS AN ENTIRE DOWNTOWN HOSPITALITY GUIDELINES THAT DOES INCLUDE OUTDOOR LIVE ENTERTAINMENT.
UM, BUT YOU HAVE TO STILL GET YOUR TEMPORARY USE PERMIT OR CONDITIONAL USE PERMIT IN CERTAIN GEOGRAPHIC AREAS IN THEIR DOWNTOWN LIVERMORE, UH, DOES IT THROUGH WHAT'S CONSIDERED A TEMPORARY USE PERMIT, AND THAT CAN BE DONE ANYWHERE CITYWIDE, AND THEY ESTABLISH ALL OF THE REGULATIONS THROUGH THAT TEMPORARY USE PERMIT.
SAN RAMON, AGAIN, SIMILAR TEMPORARY USE PERMIT OR MINOR USE PERMIT, UM, ALLOWING THEM IN MIXED USE AREAS AND CITY CENTER ZONING AREAS.
AGAIN, THE, IT ALLOWS TO ESTABLISH CONDITIONS OF APPROVAL THAT ARE SITE SPECIFIC.
AGAIN, MOST OF THESE REGULATIONS THAT WE DID RESEARCH ON HAVE SOME COMMON THEMES.
AGAIN, MAINTAINING NEIGHBORHOOD COMPATIBILITY, REQUIRING DISCRETIONARY OR TEMPORARY USE PERMITS AND MANAGING HOURS, NOISE AND SAFETY STANDARDS, BUT STILL HAS THAT FLEXIBILITY FOR BUSINESSES AND PROTECTING NEARBY USES.
ALL THE REQUIRED PUBLIC NOTICING WAS COMPLETED.
FOR THIS ITEM, WE HAVE RECEIVED PUBLIC COMMENTS, UH, FOUR PUBLIC COMMENTS IN OPPOSITION TO THE PROPOSED CITED CHANGES.
UM, THE OPPOSITION INCLUDES CONCERNS REGARDING NOISE, TRASH, INCREASE IN TRAFFIC, UM, IN THE AREAS AND, UH, WITH UNDER THIS ALLOWANCE.
[00:50:01]
ARE INCLUDED IN ATTACHMENT SEVEN.UM, WE DID ALSO, AGAIN, NOTICE FOR THE PROPERTY OWNERS, INCLUDING TENANTS IN THE DOWNTOWN SPECIFIC AR PLAN AREA, AS WELL AS WITHIN 300 FEET.
SO EVERYONE HAS RECEIVED THEIR NOTICE.
THE PLANNING COMMISSION HELD A PUBLIC HEARING ON NOVEMBER 19TH, UM, AT THAT PUBLIC HEARING, MEMBERS OF THE COMMUNITY, AGAIN, EXPRESSED CONCERNS OR REGARDING THE PROPOSED HOURS AND DISCUSSION OCCURRED REGARDING POTENTIAL FOR LOUD NOISE ASSOCIATED WITH, AGAIN, A OUTDOOR AMPLIFIED MUSIC.
UM, HOWEVER, THE PLANNING COMMISSION DID UNANIMOUSLY, UM, ADOPT A RESOLUTION 25 0 4, WHICH IS INCLUDED IN YOUR PACKET, APPROVING THE RECOMMENDATION OR MAKING A, A RECOMMENDATION FOR YOUR APPROVAL.
WITH THAT RECOMMENDATION, THEY DID, UM, INCLUDE A RECOMMENDATION THAT THE ZONING CLEARANCE INCLUDE GUIDANCE TO BUSINESS OWNERS TO MONITOR NOISE GENERATED BY OUTDOOR ENTERTAINMENT.
SO HEARING THAT AND RECOMMENDATION FROM THE PLANNING COMMISSION AND IN RESPONSE TO THAT STAFF HAS PROPOSED ONE CHANGE THAT WAS INCLUDED IN THE STAFF REPORT.
BUT I'LL JUST GO OVER WHAT THE CHANGE WAS.
IN OUR DEVELOPMENT STANDARDS AND REGULATIONS THAT ARE BEING PROPOSED UNDER AMPLIFIED SOUND, WE ADDED A SENTENCE THAT ADDED THE REQUIREMENT THAT BUSINESS OWNERS ARE REQUIRED TO REGULARLY MONITOR SOUND LEVELS AND TAKE CORRECTIVE ACTIONS AS NEEDED TO ENSURE CONTINUED COMPLIANCE WITH THE NOISE STANDARDS AND THE NOISE STANDARDS.
RECITING IS THE CITY'S NOISE ORDINANCE.
WITH THAT, I'M HERE TONIGHT REQUESTING THAT YOU CONDUCT A PUBLIC HEARING DELIBERATE ADOPT A RESOLUTION, AMENDING THE DOWNTOWN SPECIFIC PLAN TO ADD THE OUTDOOR DINING LIVE ENTERTAINMENT, AS WELL AS WAIVING THE FIRST READING AND INTRODUCTION AND INTRODUCING AN ORDINANCE APPROVING AMENDMENTS TO THE DOUBLE AND MUNICIPAL CODE TO ADD OUTDOOR LIVE ENTERTAINMENT.
WITH THAT, I'M AVAILABLE FOR ANY QUESTIONS.
YOU'LL START, YOU, YOU'LL START WITH THE QUESTIONS AND WE CAN GO.
UH, THE, UH, QUESTION I HAVE IS, UH, IS THE RESOLUTION AN ALL OR NOTHING GIVEN THAT THE MAP THAT WE SAW ENCOMPASSED ALL OF DOWNTOWN DUBLIN OR THE DOWNTOWN DUBLIN PLAN? RIGHT.
UH, IS THERE ROOM TO ADJUST THE BORDERS OF THAT TO ALLOW FOR A SMALLER AREA FOR ENTERTAINMENT, LIVE ENTERTAINMENT? THE ITEM THAT WE PRESENTED ON OUR PROPOSING WITH THE CURRENT RESOLUTION WOULD INCLUDE THE ENTIRE GEOGRAPHIC AREA OF THE SPECIFIC PLAN.
SO IF THAT'S SOMETHING THAT AGAIN, WE NEED TO DISCUSS, I WOULD LEAVE THAT TO YOUR DIRECTION.
SO IS, IS TONIGHT AN ACTUAL ITEM TO ACCEPT THE RESOLUTION OR ARE WE HAVING A DISCUSSION? UM, WE'RE REQUESTING THAT YOU OPEN THE PUBLIC HEARING DELIBERATE AND THEN MAKE A RECOMMENDATION, OR EXCUSE ME, APPROVE THE RESOLUTION, AMENDING THE DOWNTOWN SPECIFIC PLAN, AND THEN DO THE FIRST READING ON THE ORDINANCE THAT WOULD CHANGE THE DUBLIN MUNICIPAL CODE.
THEN, UH, LET ME HAND OVER QUESTIONS TO THE REST OF THE COUNCIL, BUT I WOULD LIKE TO DELIBERATE ON THE BORDERS OF WHAT IS BEING PRESENTED.
UM, COUNCIL MEMBER, WHO ELSE HAS QUESTIONS? YEAH, MARCO, IT'S ACTUALLY, UM, LOOKING AT THE ORDINANCE ITSELF AND JUST MAYBE YOU CAN SUMMARIZE, UM, YOU KNOW, THERE'S A LOT OF WORDS HERE, RIGHT? AND I, IS THERE ANY QUANTITATIVE, UM, I'M BEING FACETIOUS OBVIOUSLY, BUT, UM, IS THERE ANYTHING QUANTITATIVE? ONE OF THE THINGS THAT STUCK OUT, YOU SAID, UH, MERCHANTS ARE REQUIRED, BUSINESSES REQUIRED TO MONITOR.
SO I READ THROUGH THIS AND MAYBE I MISSED IT.
UM, MONITOR WHAT LEVELS OF DECIBELS, WHAT, WHAT ARE WE WE REALLY TALKING ABOUT HERE? BECAUSE WE HAVE OTHER BUSINESSES THROUGHOUT THE CITY, RIGHT? AND, UH, I'M SURE THOSE ORDINANCES APPLY TOO.
SO MAYBE, MAYBE YOU CAN JUST GIVE ME A, UM, A HIGH LEVEL, UM, VIEW, UM, ON WHAT ARE THOSE EXPECTATIONS AND WHAT HAPPENS WHEN THEY REACH 'EM? WHAT'S, WHAT, WHAT ARE THEY SUPPOSED TO DO? TURN DOWN THE VOLUME, I MEAN, WHAT, RIGHT? YEAH, AND, AND I, I THINK THAT'S A EXCELLENT QUESTION.
THERE ISN'T A DECIMAL STANDARD THAT'S BEING PROPOSED WITH THIS ESTABLISHED USE AND, UM, REALLY INCLUDED IN THE PACKET AS ATTACHMENT SIX IS THE DUBLIN MUNICIPAL CODE SECTION ON NOISE.
AND IT IS A PRETTY STRAIGHTFORWARD STANDARD THAT YOU, YOU KNOW, IT IS UNLAWFUL FOR A NUISANCE OF ANY PERSON WITH THE CITY
[00:55:01]
PER, UH, PERSUASIVELY TO MAINTAIN EMIT CAUSE MECHANICALLY OR OTHERWISE, OR PERMIT ANY ANIMAL OWNED BY HIM OR W***E OR HIS POSSESSION TO CONTROL.I'M JUST GONNA, IT, IT REALLY GETS DOWN TO THAT LAST SENTENCE OF ITEM 5 28, 20 A.
WELL, I CAN READ THAT, BUT I MEAN, WHAT I'M TRYING TO GET IS, UM, DOES THE ORDINANCE HAVE ANYTHING VERY SPECIFIC IN TERMS OF WHAT IS REACHING, UH, LEVELS THAT, THAT ARE, UH, NOT ACCEPTABLE? I KNOW THAT WHEN WE'VE LOOKED AT VARIOUS PROJECTS THROUGHOUT THE CITY, WE'VE LOOKED AT, UM, NOISE ABATEMENT, WE'VE LOOKED AT ALL KINDS OF THINGS, YOU KNOW, WE ALL GET THIS LITTLE SAMPLE AND THEN WE BECOME A LITTLE MORE EDUCATED ABOUT THAT AND WHAT THOSE LEVELS ARE, AND FREEWAY NOISE AND ALL THIS OTHER STUFF.
AND I'M JUST LOOKING AT THIS AS WE EXPAND THE CITY AND WE'RE LOOKING F WE'RE EXPANDING THE DOWNTOWN, UH, AS WELL AS OTHER AREAS.
UH, DO WE HAVE, AND MAYBE, I MEAN, I DON'T SEE IT IN THIS ORDINANCE AND I'M JUST, EH, WHAT IS IT, WHAT'S ACCEPTABLE AND WHAT ARE THESE, WHAT DO THESE MERCHANTS HAVE TO, UH, MONITOR? THEY GOT THE MONITORING DEVICES, RIGHT? SO WHAT ARE THEY MONITORING? LIKE WHAT LEVEL? RIGHT? AND, AND OUR STANDARD WOULD BE A NUISANCE UNDER FOR A REASONABLE PERSON.
AND I KNOW THAT THAT ISN'T A QUANTIFIABLE, UH, DECIMAL LEVEL.
UM, AND AGAIN, I'M ACTUALLY GONNA HAVE AMY COME UP ALSO A LITTLE BIT AND TALK ABOUT THIS TOO.
YEAH, SO I, I APOLOGIZE, I DIDN'T HEAR THE FIRST PART OF THE QUESTION, BUT I THINK I UNDERSTAND WHERE YOU'RE GOING.
UM, SO THERE ARE A COUPLE WAYS IN WHICH TO REGULATE NOISE, RIGHT? IT, IN MOST JURISDICTIONS TAKE ONE OF TWO APPROACHES.
THEY TAKE A NUISANCE BASED APPROACH, OR THEY TAKE A DECIBEL BASED APPROACH.
UM, REALLY WHAT THE QUESTION IS, HOWEVER YOU STRUCTURE YOUR ORDINANCE, THE CONCERN IS HOW DO YOU ENFORCE THE REGULATIONS THAT YOU HAVE, RIGHT? SO THERE ARE CHALLENGES TO BOTH.
UH, DUBLIN HAS TAKEN APPROACH, WHICH PROVIDES FLEXIBILITY, IT PROVIDES THIS ABILITY TO WORK WITH THE COMMUNITY, UH, TO TAKE INTO CONSIDERATION ADJACENT LAND USES THE FREQUENCY OF THE NOISE, THE BACKGROUND CONTEXT, UM, AND WHEREAS A DECIBEL BASED DOES NOT, UH, THERE ARE CHALLENGES WITH A DECIBEL BASED REGULATION BECAUSE IT REQUIRES SPECIALIZED EQUIPMENT, RIGHT? YOU HAVE TO HAVE SOUND MONITORING EQUIPMENT FROM AN ENFORCEMENT PERSPECTIVE.
PEOPLE HAVE TO BE TRAINED IN ORDER TO USE THOSE DEVICES, AND YOU HAVE TO BE ABLE TO CAPTURE THE NOISE AT THE TIME IT'S HAPPENING, RIGHT? SO THAT'S KIND OF THE KEY IN A LOT OF THIS IS THAT OFTEN, UH, SOMEBODY IS NOT COMPLAINING ABOUT A NOISE THAT'S HAPPENING AT 3:00 PM RIGHT? THEY'RE COMPLAINING ABOUT A NOISE THAT HAPPENS AT 3:00 AM AND SO WE DON'T HAVE THE ABILITY, RIGHT? WE KNOW HAVE STAFF WORKING 24 HOURS A DAY IN ORDER TO CAPTURE THAT NOISE.
SO THERE'S AN INHERENT ISSUE WITH HAVING A DECAL 11.
NOW, SOME JURISDICTIONS USE IT, UH, BUT THEY DON'T HAVE THE TOOLS TO REALLY ENFORCE IT.
SO THAT KIND OF ENDS UP BEING THE COMMON THEME, RIGHT? WHAT IS THE BEST WAY TO ENFORCE AN ORDINANCE? SO DUBLIN HAS ALWAYS USED THE NUISANCE BASE.
I THINK THERE'S FIVE OR SIX CRITERIA WITHIN IT THAT KIND OF GIVES US GUIDELINES TO HAVE THE REASONABLE STANDARD OF WHAT IS REALLY HAPPENING, TAKE INTO CONSIDERATION THE CONTEXT AND FIGURE OUT HOW WE CAN ADDRESS IT.
ONE OF THE CONVERSATIONS THAT HAPPENED AT THE PLANNING COMMISSION, WHICH IS WHY THE ORDINANCE WAS CHANGED, WAS THAT WE ARE PUTTING THE BURDEN OR ONUS ON THE PRO ON THE BUSINESS OWNER TO HELP THAT MONITORING PROCESS, RIGHT? SO THE ORDINANCE WAS CHANGED TO SAY, HEY, YOU ARE NOT ONLY HAVE TO ADHERE TO THE DOUBLE IN ORDINANCE, BUT YOU ALSO HAVE TO REGULATORY MONITOR IT AND CORRECT COMPLIANCE.
SO WHAT THAT MEANS FOR ME AS SOMEBODY WHO'S GOING TO ISSUE YOU A PERMIT AND CONDITION THAT PERMIT, IS THAT IF I RECEIVE SEVERAL NOISE COMPLAINTS, IF I HEAR THAT THERE'S AN ISSUE, I'M GOING TO SAY, YOU HAVE A CONDITION OF APPROVAL THAT SAYS THAT YOU NEED TO REGULATORY MONITOR THIS AND FIX THIS.
SO IF YOU NEED TO HIRE A NURSE CONSULTANT TO BE OUT THERE, YOU KNOW, AT NINE O'CLOCK OR 10 O'CLOCK WHEN WE'RE NOT AVAILABLE, THAT'S WHAT YOU NEED TO DO.
SO I THINK WHERE THE RUBBER MEETS THE ROAD, THAT'S WHERE IT'S GONNA GO, GO, UH, IF WE, IF WE BECOME A PROBLEM.
BUT I THINK THE EXISTING REGULATIONS THAT WE HAVE, I'M GONNA, HONESTLY, I THINK ARE GONNA BE THE MOST EFFECTIVE.
AND I GUESS THE LAST QUESTION IS, UH, IT SOUNDS LIKE YOU'VE THOUGHT A LOT ABOUT THIS STRATEGY AND, AND THIS, THE FORMATION OF THIS ORDINANCE, UM, WHERE, I MEAN, UM, I GUESS MY, MY QUESTION IS WHAT ARE OTHERS DOING? WHAT, YOU KNOW, AND I DON'T WANNA GO TOO FAR DOWN THAT, RIGHT, BUT IS THIS, THIS OPEN, UM, DEBATABLE TYPE OF ORDINANCE OR FLEXIBLE ORDINANCE MATTER? MAYBE I'M USING THE WRONG TERMINOLOGY.
IT SOUNDS LIKE THERE'S A LOT OF LEEWAY
[01:00:01]
FOR DE UM, FOR ARGUMENT.AND I'M JUST WONDERING, UM, THANK YOU FOR PULLING THAT MAP UP TOO.
I WAS JUST TRYING TO STOP SHARING SO PEOPLE COULD SEE IT.
I ACTUALLY, PEOPLE CAN'T SEE, YOU SEE IT
UM, I, I JUST WANNA KNOW, UH, HOW THAT IS EVOLVING COMPARED TO OTHER CITIES, UH, LET'S CALL IT SAN RAMON, RIGHT? THEY'VE GOT A LOT OF STUFF GOING ON IN THE DOWNTOWN AREA AS WELL.
SO I JUST WANNA KNOW IS DO WE COMPARE, UM, HOW DO WE REALLY COMPARE IN TERMS OF ORDINANCES TO OTHER CITIES, UH, OF COMPARABLE SIZE AND, UH, STRUCTURE? SURE.
ARE YOU INTERESTED IN JUST THE NOISE ENFORCEMENT PIECE OF IT OR THE ENTIRE PERMITTING PROCESS? UH, NOT SO MUCH THE PERMITTING PROCESS, BUT MORE OF THE, THE ABATEMENT STRATEGIES AND THE, UH, THE, THE CONSIDERATION FOR NOISE OR, OR OTHER TYPES OF, UM, CONCERNS THAT THE RESIDENTS MIGHT HAVE? YEAH, I WANNA GET TOO FAR DOWN HERE, BUT I WANNA JUST PUT IT OUT THERE AND SAY, YOU KNOW, UH, WE'VE, WE'VE HAD THIS ORDINANCE, IT SEEMS TO BE EVOLVING, BUT HOW ARE WE DEALING WITH THIS WITHIN, WITHIN THE CONTEXT OF EVERYBODY ELSE HERE? FAIR QUESTION.
I'M GONNA LET JENNIFER, WHO DID THE BULK OF THE RESEARCH ANSWER THAT? YEAH, AND I THINK SAN RAMON GREAT PLACE TO START.
'CAUSE I QUICKLY LOOKED AT NOISE REGULATIONS IN SAN RAMON, DANVILLE, LIVERMORE, DUBLIN, PLEASANTON.
UM, WE HAD DONE SOME BACKGROUND RESEARCH FOR THIS WHEN WE DEVELOPED THAT, BUT IT WAS LOOKING SPECIFICALLY HOW THEY REGULATED OUTDOOR, UM, OUTDOOR DINING, OUTDOOR LIVE ENTERTAINMENT.
BUT THEN GOING BACK TODAY AND LOOKING AT, WELL, WHO USES A REASONABLE STANDARD VERSUS WHO HAS MORE STRICT DEFINED, UM, DECIMAL STANDARDS.
BOTH SANON AND DANVILLE HAVE A VERY SIMILAR, UH, REASONABLE STANDARD, BUT THEY ALSO REQUIRE, AGAIN, PERMITTING FOR OUTDOOR AMPLIFIED SPEECH AND MUSIC.
UM, THAT ESTABLISHES, UH, YOU KNOW, UM, A LITTLE BIT MORE INFORMATION BEING ESTABLISHED AROUND THAT.
LIVERMORE AND DUBLIN HAVE VERY SIMILAR, IT'S A NUISANCE STANDARD, UM, UH, NOISE REGULATIONS, UM, REGARDING HOW THEY HANDLE, UM, WHAT TYPES OF LAND USES THEY CONSIDER TO BE NOISE GENERATING, AND THEN HOW THEY AUTHORIZE THAT USE.
AND AGAIN, PLEASANTON, WHICH ALREADY HAS THEIR DOWNTOWN GUIDELINES, THEY HAVE A VERY STRICT REGULATORY POLICY AROUND A DECIMAL LEVEL, BUT THEY ALSO HAVE WRITTEN INTO THEIR NOISE ORDINANCE A REQUIREMENT FOR ENFORCEMENT AND COMPLIANCE THROUGH THE BUSINESS OWNER.
SO THEY HAVE IT PUSHED THAT BACK ONTO, IF THERE ARE PEOPLE THROWING LITTER AND MAKING NOISE OUT IN YOUR PARKING LOT A AFTER HOURS, IT'S YOUR JOB TO GO OUT AND HIRE SECURITY AND ENFORCE IT.
UM, SO THAT'S KIND OF THE, THE BROADER PICTURE OF, YOU KNOW, WHAT ARE OTHER JURISDICTIONS DOING.
UM, BUT A LOT OF THE COMMUNITY, I WAS A LITTLE SURPRISED BY THAT.
'CAUSE I COME FROM A JURISDICTION THAT IT'S HERE'S YOUR DECIMAL LEVEL, YOU DON'T EXCEED IT, AND IT IS INCREDIBLY DIFFICULT TO, UM, ENFORCE THAT.
UM, BUT, UH, I UNDERSTAND THAT THE NUISANCE IS, UH, IS AN APPROACH THAT ALLOWS MORE FLEXIBILITY IN HOW WE OPERATE AND WHAT DECISIONS WE MAKE AND HOW WE ENFORCE.
I'M GONNA YIELD MY TIME TO THESE OTHER FOLKS HERE.
PROBABLY HAVE A LOT OF QUESTIONS, BUT I, I DID THE THING THAT THAT WAS OF CONCERNING IS AS THE DOWNTOWN GROWS, IT BECOMES MORE VIBRANT.
YOU'RE GONNA HAVE MORE BUSINESSES, YOU'RE GONNA HAVE MORE ENTERTAINMENT, RIGHT? AND PEOPLE LIVE THERE, RIGHT? ALL OVER.
RIGHT? WE GOT LOTS OF RESIDENTS OVER THERE.
SO I, I WANNA KIND OF ADDRESS THAT AND MAYBE THINK ABOUT HOW, HOW THAT ORDINANCE WILL EVOLVE, UH, OR ANY OF THE OTHER CONCERNS.
I MEAN, TRAFFIC'S A WHOLE DIFFERENT ISSUE.
IT'S INTEGRATED, BUT, UM, TONIGHT MY THOUGHTS ARE ON, ON THE NOISE, SO I APPRECIATE YOUR TIME.
SO THANK YOU FOR THE PRESENTATION.
I'VE GOT A COUPLE QUESTIONS, COUPLE COMMENTS.
SO, UM, COMMENTS, THANK YOU FOR THE OUTREACH TO BOTH THE BUSINESSES AND THE RESIDENTS.
UM, AND I'M GLAD YOU INCLUDED WHAT THE NEIGHBORING CITIES ARE DOING JUST AS A, AS A BASELINE.
UM, UH, MY QUESTION, SO YOU, YOU TOUCHED ON ENFORCEMENT A LITTLE BIT.
ARE WE GOING TO PROACTIVELY SORT OF DRIVE AROUND, HAVE, HAVE SOMEONE KIND OF DRIVE AROUND IN THE, IN THE POST-IT HOURS, JUST SORT OF CHECK IN? OR IS IT GONNA RELY SOLELY ON COMPLAINTS? UH, WHAT, WHAT, WHAT'S THE APPROACH THERE? YEAH, WE'RE NOT PROPOSING ANY CHANGES TO CODE ENFORCEMENT AT THIS TIME.
UM, AND I, I THINK I KNOW THE ANSWER TO THIS JUST FOR THE, THE PUBLIC'S SAKE.
UM, OTHER AREAS NOT WITHIN THE DO DOWNTOWN DUBLIN SPECIFIC PLAN, OUTDOOR MUSIC IS NOT ALLOWED, CORRECT? CORRECT.
THEY WOULD NOT BE ABLE TO DO LIVE ENTERTAINMENT UNLESS THEY CAME INTO THE CITY AND REQUESTED A TEMPORARY, UM, OUTDOOR, OR EXCUSE ME,
[01:05:01]
TEMPORARY USE PERMIT.SO WE CAN STILL AUTHORIZE, UM, THERE ARE SOME CRITERIA UNDER WHICH YOU, WE CAN AUTHORIZE A TEMPORARY USE PERMIT THAT HAS TO DO WITH LIMITING THE NUMBER OF TIMES THEY CAN HAVE THAT ACTIVITY, BUT THEY STILL COULD IF THEY WOULD DESIRED, COME IN AND REQUEST THAT.
UM, AND THEN THE RENEWAL PROCESS FOR THE, THE USE PERMIT FOR WITHIN THE DOWNTOWN DUBLIN SPECIFIC PLAN, IF YOU WERE TO APPLY FOR ONE, IF A BUSINESS WERE TO APPLY FOR ONE, HOW, WHAT'S THE, THE CADENCE ON CHECK-INS OR, OR RENEWALS THERE? YEAH.
ONCE YOU ARE AUTHORIZED THROUGH A ZONING CLEARING CLEARANCE PROCESS, YOU HAVE THAT AUTHORIZATION UNTIL THE BUSINESS, UM, CEASES OR A NEW BUSINESS LICENSE NEEDS TO BE ISSUED, UH, FOR A DIFFERENT BUSINESS.
SO THERE'S NO X EXPIRE, THEY, UH, X EXPIRE THERE.
AND THEN FINAL QUESTION THAT I HAD, OR I ACTUALLY TWO MORE QUESTIONS, SORRY.
UM, SATURDAY, FRIDAY AND SATURDAY WAS UNTIL 10:00 PM THE REMAINING DAYS IS EIGHT.
WHAT, WHAT ABOUT PUBLIC HOLIDAYS? UM, YOU KNOW, JULY 4TH FOR INSTANCE? YEAH.
RIGHT NOW WE'RE NOT PROPOSING ANY CHANGES RELATED TO PUBLIC HOLIDAYS.
AGAIN, IF SOMEBODY WANTS TO DO SOMETHING OUTSIDE OF OUR STANDARDS, UM, BECAUSE THOSE PUBLIC HOLIDAYS WOULD FALL ON, UM, DIFFERENT DAYS, CALENDAR DAYS EVERY YEAR, THEY WOULD HAVE TO COME IN AND REQUEST A MINOR USE FROM IT TO SAY, WE ARE GONNA BE OPEN ON A MONDAY NIGHT THAT'S 4TH OF JULY TILL, AND PLAYING MUSIC UNTIL 11 O'CLOCK OR MIDNIGHT OR WHATEVER THEY ARE PROPOSING.
BUT IF THEY CAN'T MEET OUR STANDARD, THEN THEY WOULD HAVE TO GO THROUGH A USE PERMIT PROCESS.
AND THEN IF THIS WERE TO BE ADOPTED, UM, WHAT IS THE PROJECTED OR ANTICIPATED, UH, OUTREACH PLAN BOTH FOR THE COMMUNITY IN TERMS OF RESIDENTS AS WELL AS BUSINESS OWNERS? TAKE THAT ONE.
SO DIVING INTO THIS, KIND OF SIMILAR TO THE SURVEY THAT WE STARTED, ECONOMIC DEVELOPMENT HAS BEEN REALLY HELPFUL IN REACHING OUT TO THE BUSINESS COMMUNITY.
UM, WE DO KNOW OF ONE BUSINESS SO FAR THAT WOULD BE VERY INTERESTED IN PARTICIPATING IN THIS.
AND WE ANTICIPATE JUST BASED ON HOW OTHER BUSINESSES, UM, SORT OF SERVE OUR COMMUNITY, THAT THEY WOULD PROBABLY BE INTERESTED AS WELL.
UH, SO ECONOMIC DEVELOPMENT WOULD BE HELPFUL, UH, IN REACHING OUT TO THE COMMUNITY.
WE ALSO, UH, HAVEN'T REALLY DUG INTO HOW WE WOULD REACH OUT TO THE RESIDENTS SO FAR.
UH, BUT I'M SURE THAT THERE'S OPPORTUNITY THROUGH SOCIAL MEDIA AND THINGS LIKE THAT THAT WE CAN CERTAINLY TALK ABOUT.
UM, I APPRECIATE THE THOROUGHNESS OF THE REPORT.
UM, MY QUESTION IS, UM, A COUPLE OF 'EM HAVE ALREADY BEEN ANSWERED AND I'LL HAVE MORE COMMENTS AFTER PUBLIC COMMENT, BUT MY QUESTION FOR NOW IS, UM, ABOUT WHERE, UH, RESTAURANTS ARE LOCATED IN THE DOWNTOWN AREA.
UM, WE SORT OF HAVE THREE SECTIONS OF THE DOWNTOWN.
UM, ALL CAN, AND YOU HAD A MAP
I WAS DELIGHTED TO SEE BECAUSE IT GOES RIGHT TO MY QUESTION.
UM, DO YOU WANNA POP THAT MAP UP AGAIN? UM, TO, TO ANSWER THE QUESTION ABOUT THE NUMBER OF RESTAURANTS IN THE DIFFERENT SEGMENTS OF OUR DOWNTOWN, UM, SPECIFIC AREA? NO, I THINK IT WAS ONE OF THEIR, YEAH, THERE WE GO.
ONE OF THE, ONE OF THE HIDDEN SLIDES.
UM, WHICH ALL THE GREEN DOTS ARE RESTAURANTS.
AM I READING THAT CORRECTLY? THEY ARE, KEEP IN MIND THAT THEY'RE ALSO FAST FOOD RESTAURANTS.
RIGHT? UM, SO THERE ARE, THERE ARE A SIGNIFICANT NUMBER OF RESTAURANTS IN EVERY PART OF OUR DOWNTOWN, BUT THAT DOESN'T MEAN THAT EVERY ONE OF THOSE WOULD AUTOMATICALLY QUALIFY FOR ZONING CLEARANCE, IS THAT CORRECT? CORRECT.
THEY WOULD HAVE TO COME IN FIRST.
THEY WOULD HAVE TO HAVE AN ESTABLISHED, PERMITTED OUTDOOR DINING AREA THAT MEETS OUR GUIDELINES.
THEN THEY WOULD HAVE TO COME IN AND GET AUTHORIZED THROUGH THE ZONING CLEARANCE.
OR AGAIN, IF THEY CAN'T MEET THE STANDARDS THROUGH A MINOR USE FROM IT, UM, WHICH WE WOULD LOOK AT AGAIN, ALL OF THE SAFETY STANDARDS AND COMPLIANCE, HOW THEY'RE GONNA COMPLY, AS WELL AS CONDITION FOR, UM, CONFORMANCE TO THE REQUIREMENTS OF THE NOISE ORDINANCE.
UM, SO SETTING ASIDE THE NOISE ISSUE FOR A MOMENT, THE, UM, THE, THE REQUIREMENTS FOR THE ZONING CLEARANCE SO THAT THEY COULD DO IT ALL THE TIME AS OPPOSED TO THE MINOR USE PERMIT, WHICH IS A NUMBER OF TIMES A YEAR, IF I'M UNDERSTANDING THAT CORRECTLY.
OR IS THAT A TEMPORARY USE PERMIT? THAT'S A TEMPORARY USE PERMIT.
SO THE MINOR USE PERMIT WOULD ALLOW THEM TO DO LIVE OUTDOOR MUSIC ALL THE TIME IF THEY QUALIFIED FOR THAT.
UM, YOU COULD DO IT AS LONG AS YOU MEET OUR STANDARDS, RIGHT.
WITH THE HOURS OF OPERATIONS AND IN AN APPROVED OUTDOOR DINING AREA, UH, COMPLY WITH THE NOISE ORDINANCE, THEN YOU WOULD GET A ZONING CLEARANCE.
YOU WANTED TO OPERATE AND DO SOMETHING DIFFERENT OR NEEDED MORE FLEXIBILITY OR CREATIVITY.
YOU COULD PROPOSE THAT THROUGH A MINOR USE PERMIT.
AND THAT ONCE THAT MINOR USE PERMIT, UM, IS, WAS
[01:10:01]
APPROVED, THAT WOULD BE PERMANENT.UM, I SOMETIMES GET CONFUSED WITH MINOR USE PERMIT AND TEMPORARY USE PERMIT.
UM, SO, BUT THE ZONING CLEARANCE PART REQUIRES, REQUIRES THEY, THEY MUST ALREADY HAVE OUTDOOR DINING AND THEY HAVE TO HAVE ENOUGH FOR TO, TO ALREADY HAVE HAD OUTDOOR DINING.
THEY HAD TO HAVE TAKEN CARE OF THEIR PARKING REQUIREMENTS WITHOUT LOSING TOO MUCH PARKING FOR OUTDOOR DINING.
THEY WOULD HAVE TO MEET OUR GUIDELINES.
SO, UM, AND COMPLY WITH, AGAIN, DEPENDING ON WHAT THE ESTABLISHED, UM, LAND USE ENTITLEMENTS.
SO SAY THEY'RE IN A SHOPPING CENTER, RIGHT? THERE'S ESTABLISHED STANDARDS FOR THAT SHOPPING CENTER THAT DESIGNATED HOW MANY PARKING SPACES.
SO IF THEY'RE GONNA COME IN AND PROPOSE TO ELIMINATE PARKING SPACES, WE WOULD SAY, UNFORTUNATELY, YOUR SHOPPING CENTER HAS THE STANDARDS.
OR IF THEY'RE, YOU KNOW, A, A PLACE THAT'S ON ITS OWN INDIVIDUAL PRO PROPERTY THAT HAS A USE PERMIT, THEN THEY WOULD HAVE TO COMPLY WITH THE TERMS OF THEIR USE PERMIT OR PROPOSE A CHANGE.
I DON'T KNOW IF YOU HAVE ANYTHING TO ADD.
YEAH, THE ONLY CLARIFICATION I WOULD MAKE TO THAT IS, UH, WHEN WE UPDATED THAT DOWNTOWN SPECIFIC PLAN TO, UH, BASED ON STATE LAW, WE DID REMOVE PARKING REQUIREMENTS, BUT WE DID STATE THAT ALL THE EXISTING PARKING SPACES ARE REQUIRED FOR THE PURPOSES.
SO, SIMILAR TO WHAT JENNIFER IS SAYING, THAT WHEN SOMEBODY COMES IN, WE LOOK AT IT THROUGH THAT STANDARD, RIGHT? RIGHT.
YOU CAN REMOVE WHATEVER PARKING SPACES YOU WANT BECAUSE THOSE ARE TECHNICALLY REQUIRED SPACES.
BUT WE GO THROUGH THAT METHODICAL PROCESS.
IN ORDER TO ESTABLISH AN OUTDOOR DINING AREA, YOU CAN DO IT THROUGH A SITE DEVELOPMENT REVIEW WAIVER, WHICH IS A STAFF LEVEL REVIEW.
AND THAT'S IF YOU MEET CERTAIN CRITERIA, ONE OF WHICH IS YOU'RE NOT REMOVING ALL OF YOUR PARKING.
UH, IF YOU CANNOT FIGURE OUT HOW TO CREATE AN OUTDOOR DINING SPACE WITHOUT MEETING, WITHOUT MEETING THE RE REQUIREMENTS, THEN YOU'RE SUBJECT TO A SITE DEVELOPMENT REVIEW PERMIT, WHICH IS A LARGER PERMIT, SOMETHING THAT WE, THAT WE, UH, VIEW THROUGH A DIFFERENT LENS.
SO THERE'S KIND OF MULTIPLE TIERS THROUGH OUR PROCESS, DEPENDING ON WHAT'S HAPPENING.
SO, UM, THERE ARE, SOME OF THESE GREEN DOTS ARE, IN EACH OF THESE AREAS ARE RESTAURANTS THAT HAVE GONE THROUGH THOSE PROCESSES TO HAVE OUTDOOR DINING.
AND WE, WE CURRENTLY HAVE OUTDOOR DINING IN ALL THREE OF THESE AREAS.
IS THAT CORRECT? YES, THAT IS CORRECT.
NO, I DON'T HAVE ANY OTHER QUESTIONS FOR RIGHT NOW.
AND I HAVE, UH, JUST A COUPLE QUICK QUESTIONS.
UM, SO, SO WE, OUTSIDE OF THIS DOWNTOWN AREA, LIKE CURRENTLY HOW MANY, UH, RESTAURANTS OR, OR ANY OTHER BUSINESSES, THEY HAVE THIS, UH, UM, TEMPORARY USER PERMIT? SO THEY ARE ALREADY DOING THIS OUTDOOR ENTERTAINMENT.
I, I DON'T WANT SPECIFIC NUMBER.
I WANT KIND OF IDEAS LIKE ALLOWED LIKE MANY, OR JUST A VERY RARE, I COULD BE WRONG, BUT I BELIEVE THERE'S ONLY ONE, ONLY ONE, UM, ONE THAT I CAN THINK OF THAT WE'VE FORMALLY ISSUED A TEMPORARY USE PERMIT.
NOW, THAT'S NOT TO SAY THAT OTHERS THROUGH THE YEARS, UH, I KNOW YOU DON'T WANT EXAMPLES, BUT I'M GONNA SAY IT OUT 'CAUSE I DON'T KNOW THEIR ADDRESS.
SO GALLAGHERS, RIGHT, SO GALLAGHERS DOES A BIG, UM, ST.
PATRICK'S DAY EVENT, RIGHT? THEY GET A TEMPORARY USE PERMIT.
THEY ALSO HAVE A LIVE ENTERTAINMENT COMPONENT, BUT THEIR TEMPORARY USE PERMIT IS FOR THE ENTIRE FESTIVITIES.
UM, THERE IS ONE RESTAURANT DOWNTOWN THAT HAS AN OUTDOOR DINING, UH, THAT ALSO HAS A, THAT IS CURRENTLY OPERATING ON A TEMPORARY USE PERMIT, UM, FOR THEIR, THEY WENT THROUGH THE SUMMER.
SO HAVE YOU HEARD ANY COMPLAINTS ABOUT THOSE ENTERTAINMENT? NO.
UM, SO I THINK WE CAN BE TRANSPARENT.
IT'S COSTCO, ROSCOE, RIGHT? THERE ARE ONE LIVE, THERE ARE ONE DOWNTOWN LIVE ENTERTAINMENT.
UH, THEY'VE, YOU KNOW, THEY'VE CREATED A SPACE FOR THEMSELVES IN THE COMMUNITY DOWNTOWN, RIGHT? THIS IS SOMETHING THAT THEY'VE BEEN DOING FOR, FOR A COUPLE YEARS.
UH, THIS YEAR WE WORKED REALLY CLOSE WITH THEM IN ORDER TO MAKE SURE, UM, THAT, YOU KNOW, WE WERE MEETING THEIR NEEDS, THEY WERE MEETING OUR NEEDS.
AND SO RIGHT NOW, THAT'S, THAT'S HOW THEY OPERATED DURING THE SUMMER.
UM, SO I JUST LOOK AT THE TIME, UM, LIVERMORE OR ANY OTHER PLACE THAT YOU LOOK, LOOK AT THEM.
THEY HAVE LIKE A 9:00 PM DURING THE WEEKEND, AND WE PUT A 10:00 PM SO WHAT, MY QUESTION IS, DO YOU, DO YOU THINK LIKE ONE MORE HOUR, UM, DURING THE WEEKEND WOULD BE SOME, LIKE A SOURCE OF COMPLAINTS IN THE FUTURE? PM 10:00 PM THAT, THAT'S MY QUESTION, BECAUSE I WAS LIKE, WHENEVER WE MAKE SOMETHING NEW, YOU KNOW, WE HAVEN'T REALLY TRIED IT OUT.
YEAH, THAT, THAT'S A GREAT QUESTION.
UM, WE FELT COMFORTABLE RECOMMENDING 10:00 PM ON FRIDAYS AND SATURDAY NIGHTS.
[01:15:01]
COMPARED TO, UH, WHAT OTHER JURISDICTIONS ARE DOING, WHEN TYPICALLY THINGS NEED TO START SHUTTING DOWN, WE FELT COMFORTABLE WITH 10:00 PM UH, I DO KNOW IN THE EXAMPLE I USED BEFORE COSTCO ROCO, I BELIEVE THAT THEY STOP AT NINE.UM, OR THEY, YOU KNOW, ROUGHLY NINE, MAYBE THEY GO A LITTLE BIT OVER, BUT I KNOW LIKE THEIR BUSINESS MODEL WAS NOT TO GO TILL 10.
UM, BUT, YOU KNOW, IT WAS KIND OF BASED ON WHAT WE WERE COMFORTABLE WITH AND, UH, WHAT THE OTHER JURISDICTIONS WERE DOING.
UH, BUT CERTAINLY UP FOR DISCUSSION.
SO THAT'S ALL THE QUESTIONS WE HAVE, RIGHT? SO LET'S OPEN THE PUBLIC HEARING
MAYOR, I HAVE TWO SPEAKER SLIPS ON THIS ITEM.
UH, THE FIRST ONE IS INCA HOUSTON.
GOOD EVENING MAYOR AND COUNCIL MEMBERS.
OVER THE PAST SEVERAL YEARS, NUMEROUS FO FOCUS GROUPS AND COMMUNITY SURVEYS HAVE MADE ONE THING CLEAR.
DUBLIN RESIDENTS WANTS MORE OPPORTUNITY TO GATHER, CONNECT, AND CELEBRATE IN OUR COMMERCIAL AREAS.
THERE'S A RESOUNDING DESIRE FOR SPACES THAT BRING PEOPLE TOGETHER, STRENGTHEN THEIR, OUR SENSE OF COMMUNITY, AND CREATE A LIVELY DOWNTOWN.
THE PROPOSED AMENDMENT TO THE PERMIT TO PERMIT OUTDOOR LIVE ENTERTAINMENT DIRECTLY RESPONDS TO THAT DESIRE OF OUR RESIDENTS.
IT ALLOWS BUSINESS OWNERS, PARTICULARLY THOSE WITH OUTDOOR SEATING TO HOST PERFORMANCES AND EVENTS THAT CREATE, THAT ENRICH THE CUSTOMER EXPERIENCE.
THIS NOT ONLY SUPPORTS LOCAL BUSINESSES, BUT ALSO CREATES A VIBRANT, WELCOMING DOWNTOWN THAT DUBLIN HAS LONG ENVISIONED.
IMAGINE THE ADDED ENERGY WHEN VISITORS STAYING AT THE HOLIDAY INN CAN STEP OUTSIDE AND ENJOY LIVE MUSIC.
OR WHEN FAMILIES DINING AT RIGATONI HA JAPAN OR FRANKIE JOHNNY LUIGI'S CAN EXPERIENCE ENTERTAINMENT, ENTERTAINMENT ALONGSIDE THEIR ME THEIR MEAL, UM, SHOULD THEY HAVE OUTDOOR DINING? OF COURSE, UM, THESE OPPORTUNITIES STRENGTHEN OUR COMMUNI OUR COMMERCIAL AREAS ENCOURAGE FOOT TRAFFIC AND BUILD REPEAT PATRONAGE.
OUTDOOR ENTERTAINMENT IS GOOD FOR BUSINESS, GOOD FOR RESIDENTS, AND GOOD FOR THE CITY'S IDENTITY.
IT TRANSFORMS OUR COMMERCIAL AREAS INTO TRUE GATHERING PLACES WHERE CULTURE, COMMERCE, AND COMMUNITY INTERSECT.
IMPORTANTLY, SAFEGUARDS WILL ENSURE THAT THE ENTERTAINMENT IS BALANCED WITH LIVABILITY, NOISE, AND HOURS OF OPERATION WILL BE REGULATED.
AND ZONING CLEARANCE WILL PROVIDE OVERSIGHT TO MAINTAIN SAFETY AND ACCESSIBILITY.
THE DUBLIN CHAMBER IS STRONGLY SUPPORTIVE OF THIS AMENDMENT.
WE SEE IT AS A FORWARD LOOKING STEP THAT EMPOWERS BUSINESSES, RESPONDS TO COMMUNITY PRIORITIES, AND STRENGTHENS DUBLIN'S ECONOMIC VITALITY.
FINALLY, STAFF HAS FOUND THE PROJECT TO BE EXEMPT FROM CQA, RECOGNIZING THAT OUTDOOR ENTERTAINMENT WILL NOT SIGNIFICANTLY, UH, WILL NOT CREATE SIGNIFICANT ENVIRONMENTAL IMPACTS.
THIS ALLOWS US TO MOVE FORWARD EFFICIENTLY AND WITHOUT UNNECESSARY DELAY.
IN CLOSING, THIS AMENDMENT IS ABOUT MORE ABOUT IS IN CLOSING.
THIS AMENDMENT IS ABOUT MORE THAN PERMITTING PER PERFORMANCES.
IT'S ABOUT SHAPING DUBLINS DOWNTOWN INTO A LIVELY, INCLUSIVE, AND RESILIENT HUB BY APPRO APPROVING THE OUTDOOR LIVE ENTERTAINMENT THE COUNCIL WILL BE ADVANCING COMMUNITY PRIDE, ECONOMIC GROWTH, AND THE VISION OF DOWNTOWN WHERE PEOPLE TRULY WANT TO GATHER.
THE NEXT SPEAKER IS JESUS OROZCO.
UH, MY NAME IS JESUS OROZCO AND I'M ONE OF THE OWNERS OF CASA OROZCO MEXICAN RESTAURANT.
UM, AS A LOCAL BUSINESS OWNER WHO HAS HAD OUTDOOR LIVE MUSIC SINCE 2021, UH, LET ME TELL YOU THAT MUSIC IS TRULY MAGICAL.
THERE ARE MANY ART FORMS SUCH AS DANCE AND PAINTING AND THEATER TO NAME A FEW.
UH, AND OF COURSE, THERE ARE PEOPLE WHO PREFER ONE ART FORM OVER OTHERS.
UH, SOME PEOPLE PREFER MOVIES, AND SOME PEOPLE PREFER THEATER, AND THEY HATE MOVIES.
UH, BUT MUSIC IS ALMOST UNIVERSALLY, UH, BELOVED BY ALL.
IT IS THE EASIEST ART FORM TO CONSUME AND ONE THAT LIVES WITH US AND CARES US THROUGHOUT THE DAY.
ALL OF US THROUGHOUT THE DAY, UH, EVEN WHEN WE'RE AT WORK.
I LOVE MUSIC, AND I PARTICULARLY LOVE LIVE MUSIC.
ITS ELECTRIC, VIBRANT, MEMORABLE, AND QUITE SIMPLY,
[01:20:01]
IT PROVIDES JOY.AND JOY RIGHT NOW IS IN VERY SHORT SUPPLY.
I CAN TELL YOU, AS A SMALL BUSINESS OWNER WHO HAS LIVE MUSIC REGULARLY AT OUR RESTAURANTS, IT REALLY HELPS.
WE SELL 50% MORE ON NIGHTS THAT WE HAVE LIVE MUSIC THAN ON NIGHTS THAT WE DON'T.
UH, BUT IT'S NOT JUST ABOUT DOLLARS AND CENTS.
LIVE MUSIC BRINGS LIFE AND JOY AND MEMORIES AND ATMOSPHERE AND VIBRANCY AND VISIBILITY, AND NOT JUST TO THE VENUE, BUT MORE IMPORTANTLY TO THE ENTIRE COMMUNITY.
I THINK I SPEAK FOR ALMOST EVERY SINGLE SMALL BUSINESS OWNER THAT WE ALL WANNA BE PART OF A VIBRANT COMMUNITY THAT IS WELL BELOVED, UH, BY OUR CITIZENS AND A MAGNET TO THOSE WHO ARE JUST VISITING LIVE ENTERTAINMENT GIVES PEOPLE A REASON TO COME TO OUR BUSINESSES, OUR CITY, AND SOMETIMES JUST GIVES PEOPLE A REASON TO GET OFF THEIR COUCHES.
THE WORLD HAS GOTTEN TOO SMALL FOR MANY.
LET'S MAKE IT BIGGER AND BRIGHTER AND VIBRANT.
PLEASE SUPPORT LIVE ENTERTAINMENT IN OUR COMMUNITY.
I HAVE NO OTHER SPEAKER SLIPS, MAYOR.
SO LET'S CLOSE THE PUBLIC HEARING AND COME BACK TO THE COUNCIL FOR DELIBERATION.
UM, I WANNA SAY AGAIN, THANK YOU TO, UM, THE THOUGHTFULNESS THAT WENT INTO THE PROPOSAL THAT WE HAVE IN FRONT OF US TONIGHT.
AND, UM, THANKS TO THE, UH, SPEAKERS THAT SPOKE IN OUR PUBLIC HEARING.
UM, I, I THINK THE WAY THE THE ORDINANCE IS CRAFTED IS REALLY GOOD.
I LIKE THE ADDITION FROM THE PLANNING COMMISSION OF, UM, OF ASKING THE BUSINESS OWNERS TO MONITOR THE NOISE AND TO, UM, BE PROACTIVE IN THEIR COMPLIANCE WITH OUR NOISE ORDINANCE.
UM, I WOULD LIKE TO MAYBE HAVE A CONVERSATION ABOUT THE NOISE ORDINANCE ITSELF.
UM, THERE ARE THE, THE SENTENCE ABOUT A REASONABLE PERSON UNDER THE BEST OF CIRCUMSTANCES.
UM, IT, I MEAN, IT'S, IT, IT'S JUST IS VERY, VERY SUBJECTIVE.
UM, I ALSO THINK THAT OUR NOISE ORDINANCE MAYBE WANTS SOME HOURS AROUND IT, UM, WHICH MIGHT HELP A LITTLE BIT, NOT JUST ON OUTDOOR DINING, BUT ON, UM, SOME OF THE COMPLAINTS THAT WE GET ABOUT, YOU KNOW, MY NEIGHBOR'S GARDENER IS, YOU KNOW, RUNNING THE MOWER AT 6:00 AM ON A SUNDAY, YOU KNOW, THOSE KINDS OF THINGS.
SO, UM, MAYBE AS PART OF THIS, WE CAN, I DON'T KNOW IF YOU NEED ME TO ASK FOR AN ITEM NINE OR WHETHER WE CAN DO IT RIGHT NOW BECAUSE WE'RE TALKING ABOUT NOISE, BUT MAYBE WE CAN, UM, UH, TAKE A LOOK AT THE NOISE ORDINANCE, UM, FOR THOSE SORTS OF ISSUES.
I MEAN, I, I, I REALLY PERSONALLY WOULDN'T WANNA GET INTO THE DECIBEL LEVEL, UM, DETAIL, BUT, BUT MAYBE PUTTING, UM, A LITTLE LESS SUBJECTIVITY INTO, UM, THE, THE NUISANCE PIECE AND ADDING POTENTIALLY HOURS.
UM, NOT ABOUT THIS, BECAUSE THIS ALREADY HAS HOURS.
I, AND I'M COMFORTABLE WITH THE HOURS.
YOU KNOW, WALNUT CREEK SAYS TILL 11, LIVERMORE SAYS TILL NINE.
I THINK 10 O'CLOCK IS A, IS A REASONABLE START.
UM, SO ANYWAY, I I'M HOPING THAT THERE'S ENOUGH INTEREST IN MAYBE LOOKING AT OUR NOISE ORDINANCE TO TIGHTEN IT UP A LITTLE BIT, UM, DOWN THE LINE.
I DON'T THINK WE CAN TALK ABOUT IT TONIGHT.
UM, I LIKED YOUR QUESTION PARTICULARLY ABOUT HOLIDAY HOURS, UM, AND I'M COMFORTABLE WITH THE ANSWER THAT, UM, A MINOR USE FOR THOSE PARTICULAR DAYS WOULD BE GREAT.
INSTEAD OF BUILDING IN SPECIFIC HOLIDAYS, OR IT'S ALL FEDERAL HOLIDAYS OR, UM, ON THAT SCORE.
UM, I THINK THE WAY IT'S WRITTEN IS PARTICULARLY GOOD.
UM, I'M INTERESTED IN YOUR THOUGHTS ON THE, UH, THE, THE ZONES, BUT, UM, FOR ME, I'M REALLY COMFORTABLE WITH THE WAY IT'S WRITTEN WITH ALL THREE PIECES OF OUR DOWNTOWN SPECIFIC AREA.
WE KNOW THAT WE ALREADY HAVE RESTAURANTS IN EACH OF THOSE AREAS THAT HAVE OUTDOOR DINING, UM, THAT WE HAVE OWNERS THAT ARE INTERESTED IN PUTTING LIVE MUSIC IN ALL THREE OF THOSE AREAS.
I CAN THINK OF ONE IN EACH, UM, AREA OFF THE TOP OF MY HEAD THAT I KNOW, UM, THE OWNERS ARE INTERESTED IN PUTTING IN LIVE MUSIC.
UM, SO I'M PRETTY COMFORTABLE WITH WHAT IS IN FRONT OF US, UM, PARTICULARLY WITH THE ADDITION FROM THE PLANNING COMMISSION OF LOOKING AT, UM, HAVING OWNERS COMPLIANT WITH THE ZONING.
ANY, ANY DELIBERATION FROM ANYBODY? GO, GO FOR IT.
UH, YES, COUNCIL MEMBER, JOSIE.
I I, I REALLY, I WAS FOLLOWING EVERYTHING THAT YOU WERE SAYING, AND I, I, UH, I WANNA MAKE A STATEMENT THAT, UM, YOU KNOW, I, I'M NOT OPPOSED TO THE VIRTUE OF WHAT WE HAVE IN FRONT OF US.
I THINK IT'S FANTASTIC TO HAVE LIVE MUSIC.
UM, I AM NOT MUSICALLY INCLINED.
SO THE FACT THAT I SAY THAT IS, IS MY WIFE WOULD AGREE WITH ME.
UH, SO MY COMMENT THEN THEREFORE, IS, UH, I NOTICED THAT IN THE MAP, UH, THE ENTIRE RED BORDER, UH, WILL, IS
[01:25:01]
DIRECTLY BESIDE A NEIGHBORHOOD.AND THE, UH, AND IN LIGHT OF THE FEEDBACK WE'VE ACTUALLY RECEIVED FROM RESIDENTS AS WELL, UM, THEY DO HAVE CONCERN ABOUT THE IMMEDIACY OF NOISE RIGHT BEHIND THEIR FENCE.
UH, HENCE WHAT, WHERE I WANTED TO GO WITH MY, MY THOUGHTS HERE WAS WOULD IT BE POSSIBLE FOR US TO HAVE, UH, MAYBE A SPACE BUFFER OR SOME SORT OF OTHER, UM, UH, JUST AREA WHERE THERE SHOULDN'T BE, LET'S SAY A, A A, UH, ENTERTAINMENT CENTER THAT, WHERE IT'S, IT'S IMMEDIATELY BEHIND SOMEBODY'S HOME BECAUSE WE DON'T KNOW IF ALONG, LET'S SAY THE, ON THE EASTERN SIDE OF, OF, UM, SORRY, OLD EYES HERE.
UM, THE VILLAGE PARKWAY, RIGHT IN THE BLUE AREA.
UM, WE DON'T KNOW IF SOMEBODY WHO'S LIVING RIGHT BEHIND THAT AREA, UH, THE, THE BLUE AREA IS, UH, ELDERLY COUPLE, OR IF THEY'RE A YOUNG COUPLE WITH A NEW BABY, AND THE NOISE CREATES A DISRUPTION FOR THE BABY'S SLEEP PATTERNS.
SO IF WE CREATED, IF WE HAD A DISCUSSION AROUND EXTENDING A BUFFER AREA BETWEEN THE BUILDING AND THE IMMEDIACY OF THAT FENCE LINE, UM, WOULD THAT GIVE WAY TO A CONVERSATION THAT, THAT, UM, WOULD GIVE RESIDENTS LEVEL OF COMFORT THAT EVEN IF WE GO AHEAD WITH THE APPROVAL OF THIS, THAT THEIR CONCERNS ARE BEING LISTENED TO AND WE'RE ADDRESSING THEM, UM, YOU KNOW, THERE SEEMS TO BE A COMMON INTEREST HERE.
UM, WE NEED TO STRIKE A BALANCE.
WE NEED TO, UH, ALLOW OUR BUSINESSES TO THRIVE IN THE DOWNTOWN AREA, THIS PLACE.
I EXPECT IT TO BE GROWING OVER THE NEXT 3, 4, 5, 10, 20 YEARS.
WHATEVER IT'S GONNA TAKE, IT'S GONNA GROW.
YOU WE'RE HOPING THERE ARE GONNA BE MORE BUSINESSES.
AND, UM, I DO AGREE WITH SOME OF THE SPEAKERS.
MUSIC BRINGS HAPPINESS, MUSIC BRINGS PEOPLE IN.
UM, BUT AGAIN, I, I DO APPRECIATE THE COMMENTS THAT WE'VE HAD HERE.
UM, I THINK THE ORDINANCE KIND OF STICKS OUT THERE AND SAYS, OKAY, UM, IT'S REALLY FLEXIBLE AND WE ARE ALLOWING THE, UM, THE, THE MERCHANTS, THE, THE RESTAURANT OWNERS TO EVALUATE WHAT THAT IS OR WHEREVER THIS, THE, THE, THE NOISE IS EMANATING FROM.
UM, SO I THINK MY WHOLE POINT IS THAT WE NEED TO START LOOKING AT THIS CLOSELY AND, UH, SEEING HOW IT CAN BE, UM, UH, ADDRESSED.
AND I AM NOT, UH, OPPOSED TO DECIMALS.
I THINK THAT MIGHT WORK IN, UH, IF IT'S PART OF THE STRATEGY, BUT NOT NECESSARILY THE, THE, UM, THE SOLE ANALYTICAL METRIC.
UM, I THINK WE CAN, WE CAN LOOK TO DEVELOP A COMPREHENSIVE, UH, NOISE ORDINANCE, UM, AS THIS CITY GROWS, AS, AS THIS, UM, AREA OF THE CITY GROWS.
BECAUSE TO THE POINT THAT, UH, UH, COUNCIL MEMBER MARTA MADE, UH, THERE ARE PEOPLE LIVE THERE.
THEY'RE NOT BUILDING HOUSES AROUND THERE ANYMORE, RIGHT? THEY'VE LIVED THERE FOR 50 YEARS OR WHATEVER.
SO THESE ARE LONG ESTABLISHED NEIGHBORHOODS.
UM, SO WE NEED TO TREAT THOSE, THOSE NEIGHBORHOODS WITH RESPECT AS WELL.
SO MY, MY WHOLE POINT IS, UM, I'M IN AGREEMENT WITH, LET'S, LET'S TAKE A LOOK.
UH, IT DOESN'T HAVE TO BE IMMEDIATELY TO ME, UH, BUT LET'S TAKE A SERIOUS LOOK AT HOW THIS ORDINANCE, UH, SHOULD BE IMPROVED, UH, TO ACCOMMODATE THAT BALANCE BETWEEN THE GROWTH OF, OF BUSINESSES AND THE SUCCESS OF THOSE BUSINESSES AND THE ESTABLISHED NEIGHBORHOODS.
YOU MEAN THE NOISE ORDINANCE? NOT SPECIFICALLY NOISE ORDINANCE, OUTDOOR DINING, UH, LIVE OUTDOOR, THE NOISE ORDINANCE.
I'VE BEEN FOCUSING ON THE NOISE ORDINANCE, THE OUTDOOR DINING.
THERE'S A LOT OF GOOD ASPECTS TO THAT.
UM, AND THEN WE HAVE, WE CAN ALSO LOOK AT OTHER THINGS TOO.
SOME OF THE OTHER ISSUES, UH, THAT ARE, ARE MORE, UM, RELATED TO, UH, TO THE ACTUAL BUILDING OF, OF NEW, AND THAT THAT'S TRAFFIC.
BUT I'M REALLY FOCUSING ON, UH, THE EFFECTS, UH, OF THESE CHANGES THAT WE'RE HAVING HERE, UH, WITH, WITH THE NOISE HYPERFOCUSED ON NOISE TONIGHT, I GUESS.
AND, UH, I LIKE TO THINK I'M A LITTLE BIT MORE MUSICALLY INCLINED.
SO ANYWAY, THANK YOU, VICE MAYOR.
SO, UM, YES, I, FIRST OF ALL APPRECIATE THE, THE FOUR LETTERS, UH, THAT WERE SUBMITTED AND THE, THE TWO SPEAKERS THIS EVENING.
UM, I, SO I THINK A, A A LOT OF WHAT WAS DISCUSSED, UM, KINDA HINGES ON WHAT, HOW WE'RE DEFINING A NUISANCE.
AND, AND I THINK THAT ACTUALLY ALLEVIATES THE PROBLEM, RIGHT? SO IF
[01:30:01]
YOU, IF YOUR BUSINESS IS RIGHT IN FRONT OF A, A HOME AND THE WALLS ARE SHATTERING, YOU KNOW, THE WALLS ARE SHAKING, THUMPING BASE, WHATEVER, I DON'T, I, I THINK A REASONABLE PERSON WOULD CONSIDER THAT A NUISANCE.AND I THINK WE'RE COVERED THERE.
UM, I, I WOULD SUGGEST, I KNOW WE'RE WORKING ON OUR WEBSITE, I WOULD SUGGEST MAKING THE COMPLAINT PROCESS A LITTLE EASIER AND A LITTLE MORE TRANSPARENT.
UH, YOU KNOW, JUST LOOKING AT OUR WEBSITE, IT'S, IT'S EASY TO MAKE, UM, A FEW COMPLAINTS.
IT'S, I I DIDN'T SEE ANYTHING SPECIFIC AROUND NOISE COMPLAINTS.
AND, AND MAYBE WE JUST MAKE THAT EASIER.
UM, I DON'T KNOW IF THERE'S ANY, UH, IF THERE'S ANY SUPPORT AROUND HAVING SOME SORT OF A CHECK-IN ANNUAL BIANNUAL, JUST SORT OF A REVIEW IN, IN, IN TERMS OF, UM, SEEING IF COMPLAINTS ARE PICKING UP OR IF IT'S JUST GONNA BE ON AN AD HOC BASIS.
UM, AND, AND I WOULD, GOING BACK TO THE PUBLIC HOLIDAYS, I, I HEAR WHAT YOU'RE SAYING.
I, I THINK THE IDEA HERE IS TO STREAMLINE THE PROCESS, RIGHT? LIKE, THIS IS SOMETHING THAT ALREADY EXISTS, WE'RE JUST TRYING TO STREAMLINE IT AND MAKE IT EASIER FOR BUSINESSES TO PARTAKE IN AND, UM, PROVIDE OUTDOOR MUSIC AS A SERVICE TO, TO THEIR PATRONS.
UM, I WOULD, I WOULD ACTUALLY SUGGEST PERHAPS HAVING ECONOMIC DEVELOPMENT KIND OF SURVEY, SURVEY THE BUSINESSES TELL US WHICH ONES MAYBE ON AN ANNUAL BASIS MAKE THE MOST SENSE IN TERMS OF PUBLIC HOLIDAYS, TO, TO HAVE THIS AND SORT OF WRITE THAT IN SO THAT THEY'RE NOT, YOU KNOW, EACH BUSINESS DOESN'T HAVE TO EITHER GO OUT OF COMPLIANCE OR HAVE TO APPLY SEPARATELY FOR A PARTICULAR DAY, KINDA DO IT IN MASS, DO IT IN BULK, AND, AND, YOU KNOW, STREAMLINE THE PROCESS EVEN MORE.
UM, AND I DON'T KNOW IF THERE'S SUPPORT ON, ON COUNCIL FOR SOMETHING LIKE THAT, BUT, BUT I WOULD PROPOSE THAT, UH, THOSE TWO THINGS.
YOU WANT TO MAKE MORE COMMENTS? I DO.
UM, I, I REALLY APPRECIATE, UH, THE COMMENTS THAT EVERYBODY HAS MADE.
UM, ON THE, THE BUFFER ZONE, IT, IT'S ACTUALLY THE COM THE, THE LETTERS THAT WE'VE GOTTEN, WHICH ARE VERY GOOD, ARE NOT FROM THE RED ZONE, THEY'RE FROM THE BLUE ZONE.
UM, UH, I MEAN, I THINK YOUR POINT STANDS, BUT I JUST WANTED TO MAKE SURE THAT WE'RE CLEAR ON.
IT'S THE, YOU KNOW, FOLKS THAT BACK UP TO THAT VILLAGE PARKWAY SIDE, UM, THERE ARE THOUGH NEIGHBORS ON IN ALL OF THESE THAT, THAT ARE ADJACENT TO ALL OF THE, THE DOWNTOWN SPECIFIC AREA.
UM, AND I THINK THAT WE DON'T KNOW UNTIL WE KNOW WE HAVEN'T GOTTEN COMPLAINTS ABOUT OUTDOOR MUSIC YET.
UM, WE HAVE PEOPLE THAT ARE ANTICIPATING IT BEING A PROBLEM.
UM, BUT I DON'T THINK THAT WE'VE HAD, YOU KNOW, WE'VE HAD OUTDOOR MUSIC IN, UM, CERTAINLY WHAT YOU'RE CALLING THE RED AREA.
AND THE OWNERS, THE HOMEOWNERS HAVEN'T COMPLAINED.
UM, WE'VE HAD QUITE A LOT OF OUT OF MUSIC IN THAT AREA.
UM, I WOULD NOT WANNA PUT THAT BUFFER IN UNTIL WE DECIDE THAT IT'S NECESSARY.
UM, NOT THAT WE COULDN'T UPDATE IT LATER.
UM, THE HOLIDAYS IS A LITTLE TRICKIER FOR ME BECAUSE, UM, DO YOU, I UNDERSTAND WHAT YOU'RE SAYING ABOUT AD, YOU KNOW, FINDING OUT WHICH HOLIDAYS ARE IMPORTANT, BUT, UM, IF WE'RE GONNA DO THAT, WE MIGHT AS WELL DO THE, THE TEMPORARY USE BECAUSE, UM, IF WE JUST WENT BY THE LIST OF FEDERAL HOLIDAYS, FOR EXAMPLE, UM, NOT EVERY, UH, COMMERCIAL BUSINESS HAS THOSE FEDERAL HOLIDAYS OFF.
AND SO, YOU KNOW, I I JUST, TO ME, IT'S, IT'S JUST EASIER IF WE DO IT.
BUT THAT'S JUST MY OWN OPINION.
SO I'M, I'M HAPPY TO GO WITH EVERYBODY ELSE'S.
UM, BUT I DON'T KNOW WHETHER WE GOT, UM, THREE NODS THAT WE WANNA BRING BACK THE NOISE ORDINANCE IN GENERAL TO TAKE A LOOK AT.
UM, DID WE GET, YEAH, I KNOW WE HAVE TWO.
SHOULD WE, WE SHOULDN'T TALK ABOUT THIS UNTIL ITEM NINE, RIGHT? WE CAN TALK ABOUT IT NOW.
I THINK I SAW, UM, DID WE NOISE ORDINANCE? YEAH.
SO, UM, I WANT TO DO SOME DELIBERATIONS HERE.
I DON'T THINK WE NEED TO ADD TOO MANY HOLIDAYS.
UM, MAYBE JUST LIKE WHAT WE SAID, USE SOME RECOMMENDATION FROM OUR BUSINESS STUFF, UH, LIKE 4TH OF JULY, SOMETHING LIKE A COMMONLY, UM, CELEBRATED, UH, AMONG A LOT OF OTHERS.
UM, JUST TO MAKE THINGS SIMPLER FOR THE BUSINESS OWNERS.
AND I DO WANT TO BE SENSITIVE TO THE NEIGHBORHOOD.
AND THEY TALK ABOUT A FEW THINGS LIKE, UH, NOISE, UH, PROOF WALL.
ARE THERE SOME IDEAS LIKE THAT PEOPLE DO.
I WANT TO DO RESEARCH INTO THOSE THINGS BECAUSE IF WE CAN HELP TO BUILD A WALL, IF THERE'S ANY, YOU KNOW, LIKE, UH, AREAS, UH, MORE NOISY AND, UH, UM, THE NEIGHBORHOOD WANTS SOME QUIET TIME, I THINK WE CAN, WE CAN LOOK INTO THOSE THINGS.
UH, MAYOR, I, UM, ALL OF THIS IS REALLY GOOD FEEDBACK.
I THINK, UM, STAFF WOULD LOVE TO GET SOME EXPERIENCE, UH, WITH THIS BEFORE WE START, UH, MAKING CHANGES.
WE JUST DON'T, WE DON'T KNOW YET,
[01:35:01]
UH, WHAT WE DON'T KNOW.UM, AND, AND I THINK THAT DURING THE EXPERIENCE TIME, WE NEED TO BE SENSITIVE TO THE BUSINESSES, UH, AND TO THE RESIDENTS.
I THINK WE, I THINK IT'S A GREAT IDEA TO MAKE IT, UH, TO STREAMLINE A COMPLAINT PROCESS THAT WILL ALLOW US TO STAY CONNECTED WITH PEOPLE.
UH, AND THEN WE'LL DO A CHECK-IN WITH YOU ALL, UH, MAYBE IN A YEAR'S TIME.
I REALLY DON'T KNOW HOW MANY BUSINESSES ARE GONNA JUMP ON THIS RIGHT AWAY, BUT WE CAN CERTAINLY MAKE THIS A CHECK-IN ITEM.
UH, AND IF IT'S A PROBLEM, WE CHANGE OUR APPROACH, WE MIGHT LOOK AT CARVING OUT AREAS OF THE DISTRICTS OR LOOK AT BUFFERS, UM, OR DO ANY OTHER RESEARCH, YOU KNOW, THAT THAT MIGHT HELP PEOPLE BE A LITTLE BIT MORE COMFORTABLE WITH IT.
BUT, UH, LIKE I SAID, I, I THINK WE WANT SOME EXPERIENCE BEHIND US FIRST.
I, I THINK THAT'S GREAT IDEA TO HAVE A, UH, A CHECKING POINT WHEN WE START DOING THIS.
SO I'M DONE WITH MY, UM, DELIBERATION.
ANY, ANYTHING MORE FROM US? NO.
OKAY, THEN I'LL, I'LL, UM, MOVE THE STACK RECOMMENDATION WITH THE, UM, ADDITION THAT WE WILL LOOK INTO SPECIFIC HOLIDAYS THAT STAFF MIGHT RECOMMEND THAT WOULD NOT NEED A MINOR USE PERMIT.
AND, UM, THE ADDITION THAT, UM, THIS ITEM WILL COME BACK TO US FOR A CHECK-IN IN A YEAR.
DO WE WANT TO ADD THAT NOISE THING? AND, UM, THAT WOULD BE A, THAT'S JUST, IT WAS HEAD NODS.
UM, LOOKING INTO STREAMLINING THE COMPLAINT PROCESS FOR RESIDENTS, ABSOLUTELY ACCEPTED THOSE THREE CHANGES.
LOOKING INTO STREAMLINING THE, UM, COMPLAINT PROCESS.
WE GOT THE MOTION AND WE GET A SECOND.
AND DO WE WANT TO HAVE A ROLL CALL? UM, MICHELLE, DO WE WANT TO DO ROLL CALL? 'CAUSE I'M NOT SURE EVERYBODY IS, IS ON.
IT'S UP TO YOU, MAYOR, IF YOU'D LIKE.
SO, UH, WE JUST, UH, VOTE IF WE, UH, VOTE TOGETHER.
SO THE MOTION PASSED UNANIMOUSLY.
SHOULD WE TAKE A FIVE MINUTES BREAK BECAUSE WE, WE HAVE A FEW MORE ITEMS. LET'S TAKE A FIVE MINUTES BREAK.
SO WE'LL RENEW OUR MEETING AND WE'LL
[6.2 Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) (PLPA-004290-2025) ]
CONTINUE, UM, AT 8:51 PM ON AGENDA ITEM 6.2.SO THIS EVENING, THE CITY COUNCIL WILL BE CONSIDERING CITY INITIATED AMENDMENTS TO THE ZONING ORDINANCE TO PROVIDE GREATER CLARITY AND CONSISTENCY TO THE EXISTING REGULATIONS.
THE AMENDMENTS ARE LIMITED TO THE DOUBLE MUNICIPAL CODE CHAPTER 8 84, THE SIGN REGULATIONS AND ADDRESSES DIRECTION FROM THE CITY COUNCIL PROVIDED EARLIER, EARLIER THIS YEAR REGARDING AMENDMENTS TO TEMPORARY NON-COMMERCIAL SIGNS, AS WELL AS ADDITIONAL STAFF INITIATED AMENDMENTS, UH, THAT I'M GOING TO COIN AS MINOR CLEANUPS, AND YOU'LL SEE WHY.
SO ON SEPTEMBER 2ND, 2025, THE CITY COUNCIL DISCUSSED THE REGULATION AND ENFORCEMENT OF TEMPORARY NON-COMMERCIAL SIGNS.
UH, SINCE POLITICAL SIGNS ARE THE MOST COMMON, UH, REFERRED TO AS TEMPORARY NON-COMMERCIAL SIGNS, WHICH ARE SIGNS THAT ARE FOR SHORT-TERM DISPLAY, WHICH DO NOT INCLUDE A COMMERCIAL MESSAGE.
SO, AS I MENTIONED, POLITICAL SIGNS, THE ROCHELLE SIGNS, YARD SIGNS FOR FUNDRAISERS, THOSE KIND OF THINGS WOULD QUALIFY.
SO THE CURRENT REGULATIONS, THESE SIGNS ARE EXEMPT FROM THE PERMITTING REQUIREMENTS, BUT THEY DO HAVE TO MEET CERTAIN CRITERIA.
THEY CAN HAVE A MAXIMUM DISPLAY TIME OF 60 CONSECUTIVE DAYS.
THEY MUST BE DISPLAYED ON PRIVATE PROPERTY.
THEY HAVE A MAXIMUM SIZE 16 SQUARE FEET PER SIZE, 80 PER, PER SIDE, 80 SQUARE FEET PER LOT.
AND THEY MAY NOT BE LOCATED WITHIN THE PUBLIC RIGHT OF WAY OR WITHIN A CERTAIN DISTANCE OF, UH, INTERSTATE FIVE 80 OR SIX 80.
SO IN RESPONSE TO CITY COUNCIL DIRECTION, THE CITY CA, UH, THAT DISCUSSION, CITY COUNCIL PROVIDED DIRECTION TO STAFF TO PREPARE AMENDMENTS TO REQUIRE THESE SIGNS BE REMOVED WITHIN SEVEN DAYS OF THE CONCLUSION OF THE EVENT, WHICH IS THE SUBJECT OF THE SIGN, REQUIRE COMPLETION OF A PROPERTY OWNER CONSENT FORM FOR PLACEMENTS OF SIGNS ON PRIVATE PROPERTY AND IMPLEMENT A SIGNED RETRIEVAL FEE.
SO THE FOLLOWING IS AN OVERVIEW OF THE PROPOSED AMENDMENTS TO THE REGULATION OF TEMPORARY NON-COMMERCIAL SIGNS BASED ON THE DIRECTION BY CITY COUNCIL.
SO THE FIRST IS MODIFICATION TO SECTION 8 84 1 40.
THIS IS WHERE WE'RE ADDING THE REQUIREMENT THAT THE SIGN MUST BE REMOVED WITHIN SEVEN DAYS FOLLOWING THE CONCLUSION OF THE EVENT.
AND WE'RE ALSO EXPANDING UPON THE REQUIREMENT THAT THE SIGN MUST BE PLACED ON PRIVATE PROPERTY, WHICH IT STATES NOW, UH, BUT MAKING IT VERY CLEAR THAT THE PROPERTY OWNER'S WRITTEN
[01:40:01]
PERMISSION IS REQUIRED.THE SECOND IS TO CHAT TO SECTION 8 84, 2 70.
THIS PROCESS FOR THE REMOVAL AND THE ASSOCIATED COST OF REMOVAL IS PROVIDED IN THIS SECTION.
THIS SECTION ALSO IDENTIFIES THAT A PERSON WHO ERECTS THE SIGN IS LIABLE AND RESPONSIBLE FOR THE COST OF REMOVAL.
THE AMENDMENT CLARIFIES THAT A SIGNS WILL BE REMOVED, WILL THAT ARE REMOVED, WILL BE STORED FOR 15 DAYS, AND CLARIFIES THAT THE RESPONSIBLE PARTY IS RESPONSIBLE FOR THE COSTS ASSOCIATED WITH THAT REMOVAL.
SO I'M GONNA MOVE ON TO THE, SO THAT, THAT, THAT PUTS CITY COUNCIL DIRECTION, RIGHT? IT WAS A PRETTY SIMPLE AMENDMENT BASED ON THIS.
UH, SO WE, UH, ARE TAKING THIS OPPORTUNITY TO DO SOME CLEANUP HERE, UH, WHICH REALLY DOESN'T HAVE ANYTHING TO DO WITH CITY COUNCIL'S INITIAL DIRECTION.
SO I HOPE THAT YOU EXCUSE THE FACT THAT WE'RE DOING THIS.
BUT OFTEN WHEN WE ARE IMPLEMENTING, UH, OUR ORDINANCES, WE FIND SMALL ISSUES THAT WE JUST REALLY NEED TO CORRECT, AND THIS IS WHAT THESE ARE.
UM, SO THE, IN 2021, UH, THIS COUNSEL MAY REMEMBER THAT THERE WAS A COMPLETE OVERHAUL TO THE SIGNED ORDINANCE.
THIS WAS IN RESPONSE TO THE GILBERT CASE, WHICH WE HAD TO, UM, MAKE OUR REGULATIONS A LITTLE BIT, UH, LESS CONTENT BASED, RIGHT? WHICH IS WHY WE MOVED FROM POLITICAL SCIENCE TO TEMPORARY NON-COMMERCIAL SIGNS TO PROVIDE MORE GENERAL TERMS AND REGULATIONS ACROSS THE BOARD.
SO BECAUSE OF THAT OVERHAUL, UH, WE, THE LAST COUPLE YEARS, WE'VE REALLY BEEN IMPLEMENTING THE SIGNED ORDINANCE ON A REGULAR BASIS AND, AND CATCHING A FEW OF THESE THINGS.
SO YOU'LL KIND OF FIND A THEME HERE.
UM, THE FIRST ONE IS RELATED TO SECTION 8 84 50 SIGNED SUBJECT TO PERMITS.
AND THIS ONE IS SPECIFICALLY RELATED TO BANNER SIGNS.
SO I'M TALKING ABOUT TEMPORARY BANNER SIGNS ON A COMMERCIAL BUILDING, UH, OR, UH, LANDSCAPE FRONTAGE, UH, ON A COMMERCIAL PROPERTY.
UH, THERE WAS ONE IMPORTANT PHRASE THAT WAS CLARIFYING THAT ONE SIGN IS ALLOWED ON THE FRONTAGE LANDSCAPE WAS REMOVED, WHICH KIND OF LED SOME AMBIGUITY.
THE REMAINING SENTENCES, UH, MADE IT, MADE IT CLEAR THAT THE INTENT WAS STILL THERE.
BUT THE REMOVAL OF THAT SENTENCE, LIKE I SAID, JUST MADE IT A LITTLE BIT AMBIGUOUS.
SO THE PROPOSED AMENDMENT ADDS THE OMITTED LANGUAGE BACK IN REGARDING THAT.
IF YOU CHOOSE TO HAVE ONE SIGN ON THE BUILDING AND ONE SIGN ON THE LANDSCAPE, THAT'S FINE.
YOU CAN ALSO DO TWO SIGNS ON THE BUILDING, AND THEN YOU HAVE NO SIGNS ON THE LANDSCAPE.
AT THE END OF THE DAY, THE REGULATION'S NOT CHANGING.
WE'RE JUST CLARIFYING THAT TWO SIGNS, THE PLACEMENT IS A LITTLE LESS IMPORTANT.
UH, THE NEXT ONE IS RELATED TO FREESTANDING SIGNS.
UH, THIS IS AN INTERNAL INCONSISTENCY ISSUE.
SO WHEN, WHEN WE TALK ABOUT FREESTANDING SIGNS IN THE MUNICIPAL CODE, WE'RE REALLY TALKING ABOUT THOSE MONUMENT SIGNS THAT YOU SEE IN SHOPPING CENTERS.
UH, KINDA THE PLACEMAKING MONUMENT SIGN THAT IT DEFINES THE NAME OF THE SHOPPING CENTER.
SO ONE SECTION OF OUR CODE SAYS THAT, ONE SAYS THAT ONE SIGN, UH, REQUIRES A MASTER SIGN PROGRAM, AND THE OTHER ONE SAYS THAT TWO SIGNS REQUIRE A MASTER SIGN PROGRAM.
UH, HISTORICALLY IT WAS ALWAYS TWO SIGNS.
THIS WAS A CLEANUP GLITCH THAT WE MADE.
AND SO THE AMENDMENT IS TO MAKE IT LITERALLY MAKE THE TABLE MATCH THE TEXT AND CONTINUE TO ALLOW, UH, ONE SIGN BY RIGHT? TWO SIGNS, UH, WITH A MASTER SIGN PROGRAM.
THE THIRD CHANGE IS AN EXEMPT SIGN.
THIS IS JUST ME BEING ME, WHICH YOU WILL LEARN, UH, LATER, IS THAT THEY ARE NOT AN ALPHABETICAL ORDER, AND IT DRIVES US CRAZY.
THE REST OF THE SIGN ORDINANCE IS, SO WE'RE LITERALLY SWITCHING SECTIONS.
H AND I NO OTHER CHANGES TO THE TEXT OR THE REGULATION.
AND THEN THE LAST ONE IS THE APPLICATION CONTENT.
SO THIS IS SECTION 8 84, 1 70.
UH, SO WHEN WE MOVE TO OUR ONLINE PERMITTING SYSTEM, UH, IT HAS SOME LIMITATIONS ON THE NUMBER OF, LITERALLY THE NUMBER OF SIGNATURES THAT WE CAN ACCEPT.
UM, THE PERSON WHO IS FILLING OUT THE APPLICATION HAS TO ELECTRONICALLY SIGN FOR SITUATIONS WHERE WE WANT TO MAKE SURE THAT THE OWNER IS A SIGNATURE.
WE HAVE MAINTAINED THE APPLICATION SO THAT THE OWNER CAN SIGN IT, AND THEN THAT IS SUBMITTED WITH THE APPLICATION.
UH, OUR CODE RIGHT NOW READS THAT, UM, THE OWNER'S SIGNATURE IS REQUIRED AS PART OF EVERY SIGN APPLICATION, WHICH, UH, WE DON'T REQUIRE FOR, UH, THE EASE OF PEOPLE WHO JUST WANNA DO A TEMPORARY SIGN OR SOMETHING.
THEY JUST WANT THE BUSINESS OWNER.
WE TRUST THAT THEY'RE COORDINATING WITH, UH, PROPERTY OWNERSHIP.
UM, REST ASSURED THAT THE LARGER APPLICATIONS THAT HAVE LONG-TERM, UM, UH, RIGHTS, RIGHT, UH, MAJOR DEVELOPMENT PROJECTS, SITE DEVELOPMENT REVIEWS, USE PERMITS, THOSE THINGS DO HAVE A SEPARATE APPLICATION, WHICH BOTH THE PROPERTY OWNER AND APPLICANT SIGN.
[01:45:01]
MAKING SURE THAT THE CODE MATCHES WHAT WE ARE DOING IN REAL LIFE, WHICH IS, UM, JUST SAYING THAT SIGNS ARE REQUIRED ON MOST APPLICATIONS.UH, SO WITH THAT SAID, UH, THE PLANNING COMMISSION CONSIDERED THIS AT THEIR NOVEMBER 19TH MEETING.
UH, THEY HAD MANAGEMENT RECOMMENDATION OF APPROVAL OF THE AMENDMENTS.
AND THIS EVENING, UH, WE ARE RECOMMENDING THAT THE CITY COUNCIL CONDUCT A PUBLIC HEARING, DELIBERATE WAIVE THE READING, AND INTRODUCE AN ORDINANCE APPROVING THE AMENDMENTS TO CHAPTER 8 84.
I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
SO WE START WITH QUESTIONS YOU WANT TO START? OKAY.
UM, THANK YOU FOR BRINGING THIS BACK TO US.
UM, AND FOR THE BRIEF, UH, BUT CLEAR
MY ONLY QUESTIONS ARE ABOUT THE COSTS OF REMOVAL AND THE COST OF STORAGE.
UM, WE, THE STAFF REPORT TALKED ABOUT THE, UM, PUTTING THOSE FEES IN OUR REGULAR FEE SCHEDULE, WHICH IS GREAT, BUT DIDN'T TALK ABOUT WHAT THEY ARE.
AND I'M SLIGHTLY CONFUSED AS TO THE, WHO IS THE, THE RESPONSIBLE PARTY.
UM, I THOUGHT I HEARD THAT THE, UM, FOR THE REMOVAL COSTS, IT'S THE PERSON WHO PLACED THE SIGN, THE STORAGE COST IS THE PERSON WHO IS ON THE SIGN.
IS THAT, DID I MISHEAR THAT OR I MISSPOKE ONE OF THE TWO
UM, UH, SO THE RE WE'VE DESIGNATED THE RESPONSIBLE PARTY AS THE PERSON WHO IS THE SUBJECT OF THE SIGN.
SO TO AVOID THAT ISSUE, OKAY, I DID HERE, CAN YOU SEE AGAIN, THE RESPONSIBLE PARTY IS THE, THE, UM, THE PERSON THAT'S ON THE SIGN, ESSENTIALLY THE, UH, THE SUBJECT OF THE SIGN, FOR LACK OF A BETTER WORD.
I'M SURE JOHN CAN SAY THAT SEP BETTER, BUT
AND THEN, UM, SO THAT ANSWERS THE WHO QUESTION, AND THEN THE HOW MUCH QUESTION.
I DIDN'T SEE ANYWHERE IN THE STAFF REPORT EITHER.
SO WE WEREN'T QUITE READY TO PRESENT THAT TO YOU.
IT WILL BE COMING BACK TO YOU WE'RE WORKING ON THE PROCEDURE.
WE DID, UH, TAKE A LOOK AT WHAT WE THOUGHT THE COST WOULD BE, UH, TAKING INTO CONSIDERATION THE CODE ENFORCEMENT OFFICER'S TIME.
WE CALCULATED IT, UH, AT ABOUT $51 AN HOUR, 51 SOME ODD CENTS.
AND SO STAFF, UH, YOU CAN ANTICIPATE STAFF COMING BACK TO YOU WITH A RECOMMENDATION OF $50 AN HOUR OR $50 A SIGN.
AND THAT'S FOR THE REMOVAL, NOT, NOT THE STORAGE.
THAT'S FOR THE, IN THE WHOLE KIT AND CABOODLE.
UM, ONE OF THE THINGS THAT WE CAN TALK ABOUT, UM, I, I GUESS I CAN DIVE INTO IT NOW AND TELL I'M TOLD OTHERWISE.
UM, SO WE, WE MAINTAIN THAT THE REMOVAL OF IT WILL BE GENERALLY DURING THE COURSE OF A CODE ENFORCEMENT OFFICER'S BUSINESS, RIGHT? IT'S, WE DON'T ANTICIPATE THEM GETTING A CALL, LEAVING THEIR DESK AND DRIVING THERE JUST TO PICK UP THESE SIGNS, RIGHT? THEY ARE CONSTANTLY MONITORING THE CITY, AND SO THE SIGN WILL BE PICKED UP AS A NORMAL COURSE OF BUSINESS.
SO REALLY THE QUESTION WAS HOW MUCH TIME DOES IT TAKE FOR THEM TO LOG IT, UM, INVOICE, YOU KNOW, UH, STORE IT AND HAVE THAT INTERACTION.
SO THE TIME IS ACTUALLY PRETTY SMALL WHEN YOU THINK ABOUT IT THAT WAY.
IT'S REALLY THE ADMINISTRATIVE COST OF THAT, AND THAT'S HOW WE GOT TO THE, UH, $50.
THAT'S MY ONLY QUESTIONS FOR RIGHT NOW.
Y'ALL HAVE A QUESTION? NO QUESTION.
THANK YOU FOR THE PRESENTATION.
I'VE JUST GOT ONE, ACTUALLY, TWO QUESTIONS.
UM, I THINK YOU STARTED ANSWERING THE QUESTION AROUND ENFORCEMENT WHERE IT'S JUST GONNA BE NORMAL BUSINESS HOURS AND SORT OF, UM, NOT, NOT SUPER PROACTIVE.
IT'S GONNA BE MORE REACTIVE OR, OR, UH, PASSIVE, I GUESS IS THE WORD IN, IN TERMS OF TRIPS THAT ARE ALREADY BEING MADE.
IF THEY SEE A SIGN OUT OF COMPLIANCE AND SOMEONE WOULD, A CODE ENFORCER WOULD, UH, CODE ENFORCEMENT OFFICER WOULD, WOULD THEN COLLECT THE SIGN? IF, IF, IF I'M UNDERSTANDING CORRECTLY.
YEAH, I MEAN, CERTAINLY WE RECEIVE COMPLAINTS, BUT I WOULD SAY THAT OUR CODE ENFOR, I WOULD COUCH IT A LITTLE BIT DIFFERENTLY.
I WOULD SAY THAT OUR CODE ENFORCEMENT TEAM DOES ACTIVE CODE ENFORCEMENTS WHEN THEY SEE, YOU KNOW, THAT'S THE REASON WHY THEY'RE PATROLLING, RIGHT? UH, THEY'RE SPECIFICALLY IDENTIFYING AREAS, UM, THAT THEY MIGHT HAVE CONCERN WITH.
WE'RE GONNA BE PROACTIVE ON, UH, THINGS WITHIN THE PUBLIC RIGHT OF WAY.
UH, I'M SURE THAT, UH, THROUGH PAST EXPERIENCE, THEY HAVE A KEEN UNDERSTANDING OF WHERE, UH, IT HAPPENS MORE OFTEN THAN NOT.
AND SO ARE THEY GONNA START DRIVE, BUYING DRIVE BY? MAYBE, SORRY, GO AHEAD.
AND IF I MAY ADD TO THAT, UM, DURING CAMPAIGN SEASON, THEY DRIVE AROUND A LOT MORE.
AND THERE'S SEVERAL OTHER, UH, STAFF THAT WILL TAKE MEETINGS, UH, ON THE PHONE, IN THE CAR AND, AND DO DRIVE AROUNDS, BECAUSE WE DON'T WANT IT TO GET TO THE POINT WHERE, UM, YOU KNOW, WE'RE RECEIVING CALLS WHERE I, I THINK WE'RE PROACTIVE ABOUT IT.
[01:50:01]
ENFORCEMENT IS ALREADY DOING THEIR JOB AND DRIVING AROUND TOWN, BUT THEY DO MORE OF IT DURING, UH, THE HEIGHT OF THE CAMPAIGN SEASON FOR SURE.UH, JUST FOR THE COUNCIL'S AWARENESS, THE, THE CITY HAS A RESOLUTION THAT TALKS ABOUT WHEN WE DO CODE ENFORCEMENT, THE GENERAL RULE BEING IT'S DONE ON A COMPLETE BASIS, BUT THERE ARE CERTAIN THINGS THAT ARE DONE ON A PROACTIVE BASIS INCLUDING, UH, THESE KIND OF SIGNS.
SO THEY DO THAT IS WHY THEY DO, THEY DRIVE AROUND AND, AND ACTUALLY LOOK FOR THE SIGNS DURING THAT TIME OF YEAR.
UM, SO WE'RE BEING ASKED TO, UH, YOU KNOW, ACCEPT THIS, UM, RESOLUTION.
DOES IT MAKE SENSE TO DO THAT WITHOUT, OR, UH, EXCUSE ME, UH, HERE DELIBERATE AND WAIVE THE READING AND INTRODUCE THIS ORDINANCE.
UH, DOES IT MAKE SENSE TO DO THAT IN WITHOUT HAVING THE ACTUAL AMOUNTS SET? WELL, I THINK SO.
I MEAN, WE'RE GOING TO BE, UH, THERE'S A LOT OF OTHER CHANGES IN THE ORDINANCE FOR ONE THING.
UM, AND I THINK STAFF'S GONNA BE FOLLOWING UP RELATIVELY QUICKLY WITH THE, UH, CHANGE IN THE, UM, IN THE FEE.
AND IN ANY EVENT, I THINK MOST OF THESE ARE GONNA COME UP DURING CAMPAIGN SEASON, AND WE'RE NOT ANTICIPATING ONE IN THE NEAR FUTURE AS FAR AS I KNOW.
THE, I MEAN, WHAT WE WILL HAVE THE, WE WILL HAVE THE FEE DONE BEFORE THE NEXT CAMPAIGN SEASON.
I WOULD EXPECT YOU'RE GONNA ADOPT THE MASTER FEE SCHEDULE, UM, IN JUNE? I THINK SO, UH, THAT'LL BE ADDED THEN.
AND THEN IS THERE AN UPPER LIMIT, UH, IN TERMS OF VIOLATIONS, LIKE IT GETS KEPT OUT, OR IS IT, WHATEVER, LET'S JUST SAY $50 PER SIGN INDEFINITELY? WE DIDN'T CONTEMPLATE AN UPPER LIMIT.
UM, UH, WELL THE, THE FIRST POINT I WANNA MAKE IS THAT IT IS A FEE.
SO IT HAS TO BE BASED ON THE COST OF THE COST OF THE SERVICE, RIGHT? SO THAT'S WHY IT'S $50 AND IT, IT WILL CONTINUE TO BE A FEE.
UH, WE COULD TRY TO LOOK AT A PENALTY OR SOMETHING, BUT IT, IT WILL BE DIFFICULT FOR US TO JUSTIFY, UH, CONVERTING IT TO A PENALTY, WHICH DOESN'T HAVE A CAP ON IT.
SO, UM, THAT, I THINK THAT'S THE BEST ANSWER WE CAN GIVE YOU.
AND LAST POINT OF CLARIFICATION, THE MASTER FEE SCHEDULE, UM, YOU CAN ONLY CHARGE UP TO THE COST OF THE ACTUAL, THE ACTUAL COST OF THE SERVICE.
UH, AND THEN MY FINAL QUESTION, AND I THINK THIS CAME UP IN IN PREVIOUS DISCUSSIONS, IS HOW ARE WE MITIGATING, UH, SORT OF SABOTAGE IF, IF A CAMPAIGN ILLEGALLY POST SIGNS OF A DIFFERENT CAMPAIGN TO, TO CAUSE, UH, YOU KNOW, IN A, IN A, IN A MISUSE OF, OF THEIR SIGNS, ESPECIALLY SINCE THERE'S A PENALTY AT STAKE,
YEAH, I DON'T, I DON'T THINK WE HAVE AN IMMEDIATE ANSWER TO THAT QUESTION.
IF THAT DOES OCCUR, I THINK WE WOULD POINT IT OUT TO THE COUNCIL AND ASK FOR, YOU KNOW, HAVE A SUGGESTION FOR, UM, MAYBE MAKING SOME CHANGES TO THE ORDINANCE.
BUT I, I CAN'T THINK OF AN IMMEDIATE WAY TO, TO ADDRESS THAT KIND OF PROBLEM.
VERY DIFFICULT PROBLEM TO ADDRESS.
BOY, I WOULD HOPE THAT DIDN'T HAPPEN.
SO I, UH, I JUST CONTINUE WITH THAT QUESTION.
I KNOW IT'S ALREADY HAPPENING.
I, I, I VIDEOTAPED THAT'S HAPPENING.
I JUST TELL YOU IT'S NOT, IT'S NOT LIKE IT HAVEN'T HAPPENED AND HAVE HAPPENED MULTIPLE TIMES.
UM, AND WE HAVE THAT, AND I DO HAVE QUESTIONS.
SO I, I REMEMBER I READ SOMETHING LIKE FOR REMOVING THE SIGN, WE DON'T COUNT A COST, RIGHT? IT'S BECAUSE WE WERE DOING THAT DURING THE WORK HOURS, AND THAT'S REGULAR WORK, BUT THE STORAGE AND LIKE LOG INTO THE SYSTEM, THE STORAGE FOR 15 DAYS, THAT'S THE COST IS FROM, IS THAT RIGHT? CORRECT.
THE ADMINISTRATIVE COST ASSOCIATED WITH THAT STAFF TIME.
SO WOULD I SAY THIS WAY IF WE JUST, UH, COLLECT THE, THE SIGNS AND THROW AWAY THAT WOULDN'T, UM, INCUR ANY COST? THAT WOULD BE CORRECT, AND THAT WOULD BE CONSISTENT WITH HOW WE DO IT NOW? YEAH.
SO WE'LL START THE, UM, PUBLIC HEARING.
MAYOR, I HAVE NO SPEAKER SLIPS FOR THIS ITEM.
SO CLOSE THE PUBLIC HEARING AND THEN WE'LL START A DELIBERATION.
ANYBODY COULD, IF YOU'D LIKE ME TO START, I'M HAPPY TO, UM, THE NOT KNOWING WHAT THE FEE IS, UM, GIVES ME SLIGHT PAUSE,
[01:55:01]
BUT KNOWING THAT WE WILL HAVE AN OPPORTUNITY TO SEE IT BEFORE 60 DAYS BEFORE A CAMPAIGN, BEFORE AN ELECTION, UM, CERTAINLY BEFORE THE NOVEMBER ELECTION, BUT THERE IS AN ELECTION IN JUNE, AND SO I, I THINK WE WOULD NEED TO SEE THE FEE BEFORE THE MASTER FEE SCHEDULE COMES BACK, ONLY BECAUSE THERE'S AN ELECTION IN JUNE AND 60 DAYS BEFORE THE JUNE ELECTION, LIKE, DO THE MATH, RIGHT? SO I THINK THAT, UM, WHEN WE THINK ABOUT ELECTIONS, WE MOSTLY THINK ABOUT THE NOVEMBER ELECTION.UM, BUT THERE IS A PRIMARY IN JUNE THAT IS LIABLE TO BE, UM, ACTIVE.
WE DON'T HAVE, I THINK, ANY LOCAL ELECTIONS IN THAT, UM, CYCLE.
BUT IF WE'RE GONNA ENACT THIS ORDINANCE NOW, I THINK WE NEED TO KNOW WHAT THAT FEE IS.
SO MAYBE, UM, FOR THE SECOND READING, WE WOULD NEED TO KNOW WHAT OUR INTENT IS, UM, AND, AND MAYBE HAVE THAT DISCUSSION.
UM, IS THAT SOMETHING STAFF WOULD BE ABLE TO, UM, I CAN TELL YOU RIGHT NOW THAT, UM, BASED ON OUR, UH, MOST RECENT ESTIMATE, WHICH WAS YESTERDAY MM-HMM
UH, IT WOULD BE FIF IT WOULD, WE WOULD RECOMMEND $50.
BECAUSE IT'S FULL ACTUAL COST, RIGHT? $51, WE'D ROUND IT DOWN TO 50.
AND IF, IF THE COUNCIL SO CHOOSE, WE COULD REDUCE THAT COST.
UM, FOR ME PERSONALLY, UM, I UNDERSTAND THE CONCERNS ABOUT CAMPAIGNS MOVING OTHER CAMPAIGN SIGNS.
UM, THAT WOULD CERTAINLY BE, UH, DISAPPOINTING GIVEN THAT THE PEOPLE THAT ARE CAMPAIGNING ARE ASKING THE PUBLIC TO PUT, UM, THEIR TRUST IN THEM.
THE REASON WE HAVE THIS ITEM IN FRONT OF US IS BECAUSE, UM, WE'VE HAD SO MANY CAMPAIGNS, PUTTING SIGNS IN PLACES WHERE THEY'RE NOT SUPPOSED TO, AND THE JUST REMOVING THEM.
SO THE CITY MERELY REMOVING THEM AND THROWING THEM AWAY HAS NOT, UM, HAS NOT CURBED THE PROBLEM, AND THE PROBLEM HAS BEEN INCREASING WITH EACH ELECTION CYCLE.
UM, SO I'M GONNA SAY THAT I'M SUPPORTIVE OF WHAT IS IN FRONT OF US, AND, UM, AND LEAVE IT AT THAT.
UM, WOULD YOU BE SUPPORTIVE OF HAVING AN UPPER LIMIT, MEANING $500 MAXIMUM OR SOME, SOME NUMBER? I MEAN, I'M JUST THROWING 500 OUT THERE.
UM, NO, I, I WOULDN'T, UNTIL WE SEE WHAT THE RAMIFICATIONS ARE.
I, I THINK THAT PUTTING A $500 LIMIT ON IT MAKES IT EASY FOR CAMPAIGNS THAT HAVE RAISED A LOT OF MONEY TO SAY, DOESN'T MATTER, I'VE HIT THE LIMIT.
I CAN PUT THE SIGNS ANYWHERE I WANT TO.
UM, AND IT MAKES IT SO THAT, UM, SUPER RICH CAMPAIGNS, FOR EXAMPLE, CAN, CAN IGNORE THE RULES.
UM, AND, UH, IT WOULD ONLY PENALIZE CAMPAIGNS THAT HAVEN'T RAISED A LOT OF MONEY.
UM, I THINK THAT THAT, THAT, WE'VE SEEN THAT KIND OF THING HAPPEN BEFORE WHERE CAMPAIGNS THAT HAVE RAISED A LOT OF MONEY HAVE BOUGHT MORE SIGNS, AND THEREFORE THEY DON'T CARE IF THEY GET TAKEN AND THROWN AWAY.
AND I THINK PUTTING A CAP ON IT WOULD, UM, PERPETUATE THAT PROBLEM.
UM, WHEREAS IF THE CAP, IF THE STORAGE FEE ADDS FOR EVERY SIGN, THEN I THINK EVEN THE CAMPAIGNS THAT HAVE TONS OF MONEY ARE MORE INCENTIVIZED TO, TO, YEAH, SURE.
WELL, ANY, ANY MORE COMMENTS YOU WANTED TO? NO, UH, SO I'M GONNA REFERENCE, UH, STAFF REPORT, UH, PAGE TWO.
AND IT'S THE SECOND PARAGRAPH, UH, THAT TALKS ABOUT THE THREE AMENDMENTS, UM, AS DISCUSSED BY COUNCIL.
UH, SO WITH REGARD TO AMENDMENT NUMBER ONE, WHICH STATES THAT REQUIRES SUCH SIGNS TO BE REMOVED WITHIN SEVEN DAYS FOLLOWING THE CONCLUSION OF THE EVENT, FINE.
WITH THAT, IT'S VERY ADMINISTRATIVE ON AMENDMENT NUMBER TWO, UH, WHICH SAYS, REQUIRE PROPERTY OWNER CONSENT FORM FOR PLACEMENT OF SIGNS ON PRIVATE PROPERTY.
SO ALLOW ME TO START WITH THE BASIS OF THIS TERM CALLED CIVILITY.
UH, BEING THAT WE'RE, UH, CIVILITY MEANS THAT WE WE RESPECT EACH OTHER'S RIGHTS ON PROPERTY.
LEADING ON FROM THAT, I ARGUE ON THE FOLLOWING POINTS THAT AMENDMENT TWO NEED NOT BE INCLUDED IN THIS RESOLUTION ON TWO GROUNDS.
THE FIRST GROUND IS THAT IT IS UNNECESSARILY DUPLICATIVE THAT WE HAVE A LAW FOR A PROPERTY OWNER TO SIGN A FORM, BECAUSE UNAUTHORIZED SIGNED PLACEMENT IS ACTUALLY TREATED AS CIVIL TRESPASS, AND COURTS CONSISTENTLY AFFIRM THAT CAMPAIGN SIGNS PLACED ON PRIVATE PROPERTY WITHOUT OWNER PERMISSION VIOLATES PROPERTY RIGHTS.
FUNDAMENTAL NUMBER TWO, WE HAVE PLENTY OF NEIGHBORHOODS UNDER HOA CALIFORNIA CIVIL CODE 4 7 1 0 PROHIBITS AN HOA FROM BANNING THE POSTING OR, OR DISPLAY OF NON-COMMERCIAL SIGNS,
[02:00:01]
POSTERS, SIGNS OR BANNERS, WHICH INCLUDES POLITICAL, POLITICAL CAMPAIGN SIGNS ON A MEMBER'S CALL IT SEPARATE, SEPARATE INTEREST, AND OR IN OTHER WORDS, PRIVATE PROPERTY, WHICH IS SUBJECT ONLY TO NARROW EXCEPTIONS FOR HEALTH OR SAFETY OR OTHER LAW.THEREFORE, A REQUIREMENT THAT A HOMEOWNER SIGN A FORM BEFORE PUTTING IT UP, A CAMPAIGN SIGN IS EITHER LEGALLY SUSPECT OR TO THE, TO, TO ITS LEASE A UNENFORCEABLE STATUTE.
MOVING ON TO POINT NUMBER THREE, WHICH IS IMPLEMENT A SIGNED RETRIEVAL FEE.
UM, AND IT'S JUST LIKE I WAS A COUPLE MONTHS AGO WHEN THIS CAME UP FOR THE VERY FIRST TIME.
SO I'M GONNA REITERATE FIVE ARGUMENTS THAT I MADE OPPOSING THIS IDEA OF PUNITIVE DAMAGE.
NUMBER ONE, CHARGING FEES FOR VIOLATIONS IMPOSES A FINANCIAL BARRIER ON POLITICAL SPEECH, WHICH IS A CORE OF OUR FIRST AMENDMENT RIGHT.
NUMBER TWO, SMALL GRASSROOTS CAMPAIGNS WOULD BE DISPROPORTIONATELY IMPACTED CREATING INEQUITY IN THE ELECTORAL PROCESS.
THE WELL-FUNDED CAMPAIGNS CAN AFFORD A MISHAP OR TWO, OR THREE OR FOUR OR WHATEVER THEY DECIDE, BUT GRASSROOTS CAMPAIGNS CANNOT.
NUMBER THREE, THE STAFF REPORT NOTES THAT SIGN REGULATIONS SHOULD BE CLEAR AND ENFORCEABLE.
BUT ADDING A FEE SYSTEM INTRODUCES THE COMPLEXITY BECAUSE WE JUST HEARD WE HAVE SOME OPEN QUESTIONS SUCH AS, WHO DETERMINES A VIOLATION? HOW IS THE FEE ASSESSED AND COLLECTED AND WHAT APPEAL PROCESS EXISTS? THIS CREATES UNNECESSARY BUREAUCRACY AND POTENTIAL DISPUTES DIVERTING CITY RESOURCES FROM PRESSING PRIORITIES.
NUMBER FOUR, PARLAYING OFF MY THIRD POINT.
WITHOUT A PROPER ADJUDICATION PROCESS, WE CAN APPEAR AS HAVING POLITICAL FAVORITISM OR SUPPRESSION, WHICH UNDERMINES THE ELECTORAL PROCESS AND THE TRA THE, THE NEUTRALITY OF THE CITY.
NUMBER FIVE, COURTS HAVE CONSISTENTLY HELD THAT PENALTIES TIED TO POLITICAL SPEECH MUST BE NARROWLY TAILORED AND SERVE AS COMPELLING INTERESTS, SUCH AS IN THE 2015 CASE HEARD BY THE UNITED STATES SUPREME COURT FOR REED VERSUS TITLE GILBERT, THE RULING CLARIFY, THE RULING CLARIFIED THAT SIGN REGULATIONS MUST BE CONTENT NEUTRAL, FOCUSING ON PHYSICAL ATTRIBUTES, SIZE, LOCATION, LIGHTING RATHER THAN ON MESSAGE.
AND THAT, AND THAT ORDINANCE THREE, RISK BEING VIEWED AS CONTENT-BASED RESTRICTION IF AND WHEN EXECUTED DURING A CAMPAIGN SEASON, SINCE IT APPLIES PRACTICALLY TO CAMPAIGN SCIENCE.
SO LET ME CLOSE IN THE POINT THAT I START OUT WITH, WHICH IS THIS IDEA OF CIVILITY.
TEMPORARY NON-COMMERCIAL SIGNS THAT REFERENCE ACTIVITIES CONDUCTED BY NONPROFIT ORGANIZATIONS, CLUBS, GROUPS, OR ASSOCIATIONS, INCLUDING CAMP POLITICAL CAMPAIGNS, HAVE A DEMONSTRABLE DUTY TO LEADERSHIP.
THAT MEANS INTEGRITY AND THE LAW.
NONPROFIT ORGANIZATIONS, COMMUNITY GROUPS OR POLITICAL CANDIDATES ASPIRING TO ENGAGE THE RESIDENTS OF OUR CITY CARRY A PROFOUND RESPONSIBILITY TO MODEL THE VALUES THAT STRENGTHEN TRUST IN GOVERNANCE AND UNIFY COMMUNITIES.
CIVILITY IS NOT OPTIONAL, IT'S FOUNDATIONAL.
THEREFORE, I CHOOSE TO ADVOCATE FOR TRUTH AND CIVILITY AND NOT FOR UNNECESSARY RESTRICTION ON COMMON SENSE.
UM, I'LL MAKE SOME COMMENTS HERE TOO.
UM, SO, SO I SEE THIS, SO WE TALK ABOUT THE FEES, RIGHT? SO THERE'S A ADDING LIKE A FEES, $50, THE STORAGE FEES WITHOUT PROPER NOTICE PLACE, THE PLACE THE, UM, UNFAIR FINANCIAL BURDEN ON CANDIDATES AND MAY ACT AS A BARRIER TO POLITICAL PARTICIP PARTICIPATION, PARTICIPATION.
AND, AND ANOTHER THING IS, UM, ANY APPEARANCE OF A SELECTIVE OR DISCRETIONARY ENFORCEMENT, ESPECIALLY WHEN COMBINED WITH, WITH ADDED COSTS, CAN CREATE A SIGNIFICANT RISK OF MITIGATION AND EXPOSE A CITY TO QC AGENTS OF POLITICAL BIAS.
AND SO, GO BACK TO THE QUESTION WE, WE DO NOT KNOW HOW TO ANSWER.
THAT'S THE RISK OF MITIGATION AS WELL.
SO WE'LL JUST KEEP THIS SHOT IS WITHOUT
[02:05:01]
CLEAR UNIFORM PROCEDURES, WITHOUT KNOWING HOW TO ANSWER THE QUESTIONS, VAST MARY RAISED, IF THE CITY INCREASES, DO THIS ORDINANCE WILL INCREASE THE LIKELIHOOD OF COSTLY LAWSUITS AND IZE THE PUBLIC TRUST IN THE ELECT ELECTORAL PROCESS.THIS IS, UH, UM, THE PROCESS, THE, THE, THE POINTS I WANT TO MAKE GONNA GO FIRST.
UM, I APPRECIATE YOUR CONCERNS.
UM, YOU RAISED THE SAME CONCERNS LAST TIME.
UM, I DON'T BELIEVE THIS IS A BARRIER TO FREE SPEECH.
WE'RE NOT LIMITING THE FACT THAT ANYBODY CAN HAVE CAMPAIGN SIGNS.
WE ARE, UM, UH, ARE ENFORCEMENT IS ABOUT SIGNS THAT ARE PLACED IN THE PUBLIC RIGHT OF WAY, WHICH IS NOT LEGAL NOW.
UM, ANY SIGNS, NON-COMMERCIAL SIGNS CANNOT BE PLACED IN THE PUBLIC RIGHT OF WAY, REGARDLESS OF WHAT THEY SAID.
THIS IS NOT A VIOLATION OF, UH, THE GILBERT, UM, RULING BECAUSE THIS IS CONTENT NEUTRAL.
IT IS ABOUT ALL NON-COMMERCIAL SIGNS.
IT'S ABOUT, UM, UH, FUNDRAISING SIGNS.
IT HAS NOTHING TO DO WITH LIMITING FREE SPEECH.
YOUR POINT ABOUT HOAS, UM, NOBODY IS SAYING THAT HOA HOMEOWNERS CANNOT PLACE A SIGN ON THEIR PROPERTY.
UM, THE PROPERTY OWNER'S SIGNATURE WAS ABOUT COMMERCIAL PROPERTIES BECAUSE CAMPAIGNS HAVE BEEN PLACING SIGNS IN MEDIAN STRIPS AND SHOPPING CENTERS WITHOUT PERMISSION.
THEY'VE BEEN PLACING SIGNS ON HOA CORNERS WITHOUT PERMISSION OF THE HOA.
NOBODY IS, UM, WORRIED ABOUT HOMEOWNERS.
WE'RE TALKING ABOUT COMMERCIAL PROPERTY SIGNATURES.
UM, THERE IS CLEAR ENFORCEMENT, THERE IS CLEAR PROCESS.
I DON'T BELIEVE THIS LETS US, UM, OPENS US UP FOR A LAWSUIT AS FAR AS PENALIZING SMALL CAMPAIGNS.
AND WHICH IS TO THE SAME POINT THAT YOU MADE SORT OF ABOUT, UM, CAMPAIGNS, NOT KNOWING ABOUT IT.
UM, I, WE DIDN'T ASK THE QUESTION, BUT, UM, HOW WILL CAMPAIGNS SPECIFICALLY KNOW THAT THESE, UM, RULES ARE IN PLACE? UH, WELL, UH, THE ORIGINAL STAFF REPORT TALKED ABOUT OUR PLANS TO, UH, REALLY FOCUS ON EDUCATION, UH, WITH THE CANDIDATES.
WE HAVE A, A PRE CANDIDACY MEETING, I GUESS IT'S CALLED, UH, CALLED, UM, AND I KNOW THAT MARSHA'S WORKING HARD ON PREPARING A LOT MORE ILLUSTRATIVE MATERIAL TO SHOW EXAMPLES OF WHERE, WHAT YOU CAN AND WHAT YOU CAN'T DO.
UM, IT MAKES OUR WORK EASIER IF WE MAKE SURE THAT EVERYONE CLEARLY KNOWS THE ROLE.
SO WE'RE GONNA REALLY FOCUS ON THAT THIS GO ROUND.
UM, AND, UH, I'M NOT GONNA PHRASE THIS IN A FORM OF QUESTION.
WE HAVE RECEIVED AS CANDIDATES EVERY ELECTION CYCLE INFORMATION ABOUT WHERE SIGNS CAN AND CANNOT BE PLACED.
AND WE'VE ALSO SENT, UM, I HAVE ALSO PERSONALLY SENT OUT REMINDERS DURING, UM, CAMPAIGN SEASON AS WE SEE PROBLEM AREAS.
I'LL JUST SEND OUT A FRIENDLY REMINDER, BUT AGAIN, WE'RE GONNA FOCUS ON BEING PROACTIVE ABOUT THIS.
UM, REGARDLESS OF WHETHER THIS PASSES TONIGHT, WE NEED TO BE, UH, BETTER ABOUT EDUCATING FOLKS ON THE ROLES.
AND, UM, THE REASON I ASK THAT QUESTION IS BECAUSE I AGREE WITH YOU.
I WISH WE COULD RELY SPECIFICALLY ON THE INTEGRITY OF PEOPLE WHO ARE ASKING THE COMMUNITY TO PUT THEIR TRUST IN THEM, UM, WHEN THEY'RE RUNNING FOR OFFICE.
UM, AND UNFORTUNATELY WHAT WE HAVE SEEN IS A BREAKDOWN IN CIVILITY IN, UM, NOT, NOT SPECIFICALLY HERE, RIGHT? A BREAKDOWN IN CIVILITY IN POLITICS IN GENERAL IN THIS COUNTRY, RIGHT? BUT WHAT WE HAVE SEEN SPECIFIC TO THIS ITEM IS, UM, A FLAUNTING OF, AND IGNORING OF THE RULES, UM, ON WHERE CAMPAIGN SIGNS CAN BE AND ON, UM, THE AMOUNT OF SIGNS THAT CODE ENFORCEMENT HAS HAD TO PULL AND THE AMOUNT OF COMPLAINTS AND THE SNIPING OF CAMPAIGNS AT EACH OTHER ABOUT YOU CAN'T PUT A SIGN THERE, ET CETERA, ET CETERA.
AND SO I AM, UM, GOING TO JUST SAY AGAIN THAT I AM A PROPONENT OF WHAT WE HAVE IN FRONT OF US AS, UM, AS I WAS IN WITH THE GROUP THAT ASKED FOR THESE, UH, TO COME BACK TO US.
AND I APPRECIATE THAT STAFF HAS BROUGHT BACK WHAT WE ASKED FOR.
AND, UM, SO IF, IF, AND WHEN YOU'RE READY FOR A MOTION, I'M HAPPY TO MAKE IT.
UM, I, I WAS TO, I'LL SAY ONE THING.
SO I ACTUALLY CONSTANTLY SAY OTHER CANDIDATES, FOR EXAMPLE, CONGRESSIONAL CANDIDATES AND LIKE, UM, THE CANDIDATES FOR SOME MEASURES, THEY DON'T HEAR THOSE RULES FROM OUR CITY.
AND I STILL SEE SOME, UM, OTHER CANDIDATES SIGNS, LIKE EITHER SOME LOCATIONS LIKE HIGHWAY, THINGS LIKE THAT.
SO HOW DO YOU PLAN TO REACH OUT TO ALL THE CANDIDATES, POSSIBLY INCLUDING OUR AREA, LIKE TREASURERS, GOVERNORS, ALL THE THINGS.
[02:10:01]
THERE WILL BE PEOPLE THAT, UM, AREN'T RUNNING IN DUBLIN, UH, THAT ARE RUNNING STATE MEASURES, AND, AND SO THEY WON'T BE ATTENDING OUR MEETINGS.SO THAT MEANS THAT WE'RE GONNA HAVE TO PROVIDE A MUCH HIGHER LEVEL OF INFORMATION, UH, ON OUR WEBSITE.
UM, AND, YOU KNOW, AND AS WE FIND THOSE, WE WILL BE CONTACTING THOSE, THOSE CAMPAIGNS.
IF, IF THIS IS YOUR DESIRE TO DO THIS, WE WOULD HAVE TO, TO CALL THEM AND, AND CONTACT THEM.
THAT WOULD BE PART OF THE, PART OF THE WORK DURING CAMPAIGN SEASON.
IT'S GONNA, JUST GONNA MAKE A COUPLE COMMENTS BEFORE, UH, BEFORE WE GO TO A VOTE.
SO, UM, UH, YOU KNOW, AS, AS DISCUSSED IN THE PREVIOUS, UH, PREVIOUS TIME THIS CAME UP, YOU KNOW, WE LOOKED AT NEIGHBORING CITIES.
THERE IS A PRECEDENCE, I DON'T THINK THERE'S LEGAL RISK.
UM, AND, AND I'M SURE CITY ATTORNEY HAS LOOKED INTO THAT.
I THINK THE FEES ARE THE RIGHT INCENTIVE OR DISINCENTIVE, DEPENDING ON HOW YOU WANNA LOOK AT IT.
UM, EARLIER YOU TALKED ABOUT NUISANCE.
I, I SEE SIGNS AND, AND JUST THE WAY THEY'RE SCATTERED ABOUT TIME, UH, ABOUT TOWN AS A NUISANCE.
IT'S, IT, IT, YOU KNOW, WE'VE GOT A BEAUTIFUL CITY AND THE SIGNS JUST CLUTTER IT, RIGHT? ESPECIALLY WHEN, WHEN THEY'RE IN THE RIGHT OF WAY.
UM, FROM AN EDUCATION PERSPECTIVE, UH, MARSHA AND, AND, AND TEAM DO A GREAT JOB IN THE ORIENTATION, THE, THE PRE CANDIDACY.
I'M SURE IF THERE'S AN ISSUE, THEY'RE GONNA REACH OUT AND, AND, YOU KNOW, USE THE CARROT.
UM, AS, AS A FIRST LINE OF DEFENSE, UH, I THINK THE TWO, TWO KIND OF CONCERNS FOR MINE, FOR ME, YOU KNOW, ONE IS, AND, AND IT SOUNDS LIKE WE'RE DOING THIS AS LIKE A UNIVERSAL ENFORCEMENT.
WE'RE NOT GOING TO SELECTIVELY GO AFTER A PARTICULAR CAUSE OR A CAMPAIGN OR, OR A CANDIDATE.
UM, AND, AND ANYTHING THAT WE CAN DO TO, UH, TALK ABOUT THAT AND DELINEATE THAT IS, IS GOOD.
UM, AND THEN THE SECOND IS JUST SOME SORT OF PROVISION FOR AN APPEAL PROCESS IN THE OFF CHANCE THAT THERE IS SOMETHING THAT WASN'T DIRECTED BY THE CAMPAIGN, GET OUTTA HAND, FOR INSTANCE, IF, IF, IF THERE IS THAT ACCOMMODATION THAT COULD BE MADE.
JOHN, DO YOU ENVISION AN APPEAL PROCESS? WELL, THERE IS AN APPEAL PROCESS UNDER THE ORDINANCE, UH, FOR ANY, UH, STAFF ACTION.
UM, USUALLY GOES TO THE MANAGER.
I, I THINK THE COUNCIL MEMBER OR THE VICE MAYOR WAS SUGGESTING AN APPEAL PROCESS FOR, UM, FOR A SCENARIO WHERE THE, THE CAMPAIGN WAS CLAIMING THAT IT, THEY WEREN'T ACTUALLY RESPONSIBLE FOR IT.
UM, BUT THE ORDINANCE MAKES THE, THE PERSON WHOSE NAME IS ON THE SIGN RESPONSIBLE FOR IT.
SO I'M NOT SURE, LIKE THAT MIGHT BE SOMETHING THAT HAD TO GO TO COURT TO BE APPEALED.
IS THERE, IS THERE A, UM, IN OUR, UH, FEE SCHEDULE, IS THERE ANY SORT OF DISCRETION? FEES ARE FEES, CORRECT? FEES ARE FEES, AND THEY'RE DUE AND OWING, THEY'RE NOT, THERE'S, THERE'S NOT DISCRETION.
SOMETIMES WE DECIDE WHETHER OR NOT IT'S APPLICABLE OR NOT.
UM, AND, YOU KNOW, I THINK THE STAFF HAS POLICIES AND RULES REGARDING, YOU KNOW, WRITE-OFFS.
UH, SOME THINGS YOU DON'T CHASE DOWN BECAUSE IT'S NOT WORTH IT.
UM, THAT'S ABOUT THE LEVEL OF DISCRETION THERE IS WITH FEES.
SO IF IN IN THE ORDINANCE IT SPECIFICALLY SAYS THE PERSON WHO IS NAMED ON THE SIGN OR THE, THE ENTITY THAT IS NAMED ON THE SIGN IS RESPONSIBLE FOR THE FEE, UM, UH, CAMPAIGN A SAYS, UM, YOU KNOW, IT'S CAMPAIGN A'S SIGN CAMPAIGN A GETS CALLED BY THE CITY, WE HAVE FIVE OF YOUR SIGNS, IT'S $50 A SIGN.
AND THEY COME IN AND THEY SAY, I HAVE VIDEO OF, UH, CAMPAIGN B PLACING THAT SIGN IN THAT PARTICULAR PLACE.
WHAT WOULD THE CITY LIKELY DO IN THAT CASE? I THINK THE CITY IN THAT CASE, WOULD EXERCISE THIS PROSECUTORIAL DISCRETION TO ELECT NOT TO PROCEED IN THAT PARTICULAR SCENARIO.
BECAUSE THERE'S PROOF THAT, THAT, THAT THE CITY CAN LOOK AT TO NOT, TO NOT, I CHARGE IT.
I WANT TO LOOK AT BASE, I THINK SHOULD BE THE CITY TO PROVE NOT, NOT THE PERSON TO PROVE.
LIKE YOU CANNOT ASK SOMEBODY TO PROVE THEY ARE NOT GUILTY.
YOU CAN ONLY APPROVE THEY ARE GUILTY.
SO IT'S A CITY, WHOEVER MAKE FINES TO MAKE A PROOF.
AS LONG AS THEY MAKE APPEALS, YOU HAVE TO PROVE THAT THAT'S ACCORDING TO THE COMMON SENSE.
I FEEL LIKE THERE ARE WAYS TO MITIGATE THAT.
YOU KNOW, IF YOU WERE BEING A RESPONSIBLE CANDIDATE TO MAKE A LOG OF WHERE YOUR SIGNS ARE GOING, AND, AND I'M SURE YOU KNOW, THE CITY, IF YOU HAD A LOG, HEY, WE PLACED 50 SIGNS TO THE LOCATIONS, IT'D BE KINDA HARD TO, TO, UH,
[02:15:01]
TO ARGUE AGAINST THAT IF IN THE OFF CHANCE THAT THERE WAS SOMETHING MALICIOUS HAPPENING.SO I KEEP THE COMING BACK TO THIS IDEA OF WHY DOES THE CITY HAVE TO DO THIS? WHY IS IT THAT JUST PEOPLE WITH GOOD INTENTIONS DO WHAT'S RIGHT? AND IF THEY, IT'S VIOLATED THE, THE, THE RIGHTS OF THE PROPERTY OWNER TAKE PRECEDENCE THAT THEY WOULD REMOVE THIS SIGN.
ADDING THIS EXTRA PROCESS TO THE CITY IS JUST, IT'S A WASTE.
SO I, I OBJECT TO THIS IDEA THAT WE NOW HAVE TO HAVE A BABYSITTER TO MITIGATE WHAT SHOULD BE GOOD BEHAVIOR BY CANDIDATES AND ELECTEDS.
AND NOW WE'RE JUST BRANDING OURSELVES AS CITY, WHERE WE HAVE PEOPLE WHO CAN RUN AMUCK, RIGHT? UH, WITHOUT NECESSARILY CORRECTING THEIR BEHAVIORS THROUGH THE RIGHT PROCESS.
WE'RE PENALIZING PEOPLE, WE'RE CREATING PUNITIVE DAMAGE AS A WAY TO INSTITUTE CORRECTIVE BEHAVIOR.
IT'S THAT THERE, THERE'S SOMETHING ETHICALLY WRONG THERE, IN MY OPINION.
SO BE WHAT IT MAY I OBJECT TO THIS AND I WILL VOTE ACCORDINGLY, BUT I JUST THINK IT'S, IT'S, IT'S WRONG THAT FOR FOLKS WHO ARE SUPPOSED TO BE THE, THE, THE BASTIONS OF GOOD FOR THE CITY, THAT THOSE WHO DON'T BEHAVE THAT WAY WILL ALL OF A SUDDEN GET, YOU KNOW, PENALIZED FOR WRONGDOING.
WE SHOULD JUST TREAT PEOPLE THE WAY THAT THEY SHOULD BE TREATED AND CORRECT IT THE RIGHT WAY, WHICH IS THROUGH GUIDANCE AND, AND, AND THE PROPER MENTORSHIP.
AND, AND WE'VE BEEN DOING THAT FOR A NUMBER OF YEARS AND IT HASN'T BEEN EFFECTIVE.
I THINK THAT'S THE REAL REASON.
LIKE, WE, WE SHOULDN'T BE THE ONE MAKING THIS KIND OF EFFORTS.
AND WHAT, WHAT DO WE GET FROM THIS? JUST A MORE, MORE TIME, MORE, MORE ARGUMENT, MORE LIKE ANNOYANCE.
IT'S JUST HOW, HOW I SAY THOSE THINGS ARE NOT NECESSARY AND CAN BE WRONGLY USED AND ITY TO THE RISK OF MITIGATION.
BECAUSE THE, HOW THE THINGS SAID, LIKE THE, THE NAME OF THE, THE, LIKE THE, THE PERSON WHO WE, IF WE WANT TO MAKE THIS RIGHT, WHO ERECT THE, THE SCIENCE SHOULD BE THE ONES RESPONSIBLE FOR THE COST.
AND ALSO IF WE THROW AWAY THERE'S NO ADDITIONAL COST, OUR CITY INCURS ADDITIONAL COST AND THEN APPLY THAT TO THE WRONG DOERS.
SO THIS IS NOT GOOD INTENTION.
WHOEVER DO THEIR FIRST AMENDMENT TO BE WILLING TO SERVE THE, THE COMMUNITY, AND WE DO ALTERNATIVE DAMAGE, JUST TRYING TO PUNISH THEM FOR DOING THIS.
IT'S NOT NECESSARY, THIS IS JUST HOW I SAY THIS.
IT IS NOT ENFORCEABLE AND INCREASE THE LITIGATION, AND I STRONGLY OBJECT THIS ONE.
UM, MAYOR, I MOVE THAT WE, UM, INTRODUCE, WAIVE THE READING AND INTRODUCE THE ORDINANCE APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 SIGN REGULATIONS.
REPEAT MY MOTION TO, UH, SECOND THAT.
[8.1 Approval of Memorandum of Understanding with La Familia for a Substance Use Disorder Treatment Facility ]
ITEM EIGHT, NO BUSINESS 8.1.APPROVAL OF MEMO OF UNDERSTANDING WITH LAW FAMI FOR A SUBSTANCE USE DISORDER TREATMENT VICINITY.
GOOD EVENING, HONOR, ROME MAYOR AND CITY COUNCIL MEMBERS.
JORDAN FOS, CITY MANAGER'S OFFICE.
AND TONIGHT THE CITY COUNCIL WILL CONSIDER APPROVING AN MOU WITH LAW FAMILIA FOR THE CONSTRUCTION OF A SUBSTANCE USE DISORDER TREATMENT FACILITY USING FUNDING FROM THE CITY'S NATIONAL OPIOID SETTLEMENT ALLOCATION.
SO FIRST, SOME BACKGROUND ON THE NATIONAL OPIOID SETTLEMENT.
SO THE SETTLEMENT IS A NATIONWIDE AGREEMENT THAT RESOLVES LITIGATION BROUGHT FORTH BY STATES, COUNTIES, AND CITIES AGAINST MAJOR OPIOID MANUFACTURERS, DISTRIBUTORS, AND PHARMACY CHAINS.
THE SETTLEMENT, WHICH TOTALS TENS OF BILLIONS OF DOLLARS, REQUIRES THE MAJOR OPIOID COMPANIES TO FUND CITIES, UH, AND COUNTIES IN SUPPORTING OPIOID REMEDIATION EFFORTS.
AND THESE EFFORTS INCLUDE TREATMENT, RECOVERY SERVICES, EDUCATION, AND PREVENTION.
IN DECEMBER, 2021, THE CITY JOINED THE FIRST LITIGATION EFFORTS AGAINST MANUFACTURERS, DISTRIBUTORS, AND, AND PHARMACY CHAINS, AND HAS JOINED OTHER LITIGATION
[02:20:01]
EFFORTS SINCE.AND TO DATE, THE CITY HAS BEEN INCLUDED IN NINE SETTLEMENTS AND HAS BEEN RECEIVING THE ALLOCATION PAYMENTS AS OUTLINED IN THOSE SETTLEMENT TERMS. STAFF ESTIMATES THAT THE CITY WILL RECEIVE APPROXIMATELY $1.086 MILLION FROM THESE NINE SETTLEMENTS OVER THE 18 YEAR PERIOD.
AND AS OF DECEMBER, 2025, THE CITY'S RECEIVED APPROXIMATELY $360,000 IN ALLOCATION PAYMENTS SPENT APPROXIMATELY $35,000 AND HAS APPROXIMATELY $325,000 OF A REMAINING BALANCE.
CURRENT EXPENDITURES INCLUDE OFFICER TRAININGS RELATED TO OPIOID MISUSE AND TREATMENT DARE PROGRAM STAFF AND STAFF TIME AND SUPPLIES, AS WELL AS THE PURCHASE OF NALOXONE, WHICH IS OTHERWISE KNOWN AS NARCAN.
SO WHO IS LA FAMILIA? SO THEY ARE A LOCAL 5 0 1 C3 COMMUNITY-BASED ORGANIZATION THAT SERVES ALAMEDA COUNTY AND PROVIDES HIGH QUALITY SERVICES SUCH AS MENTAL HEALTH SUPPORT, COMMUNITY SUPPORT, AND ADVOCACY.
LA FAMILIAS PARTNERED WITH THE CITY FOR MANY YEARS THROUGH THE HUMAN SERVICE GRANT PROGRAM, WHICH SUPPORTS COMMUNITY FOCUSED PROGRAMS THAT BENEFIT DUBLIN RESIDENTS.
CURRENTLY, LA FAMILIA IS DEVELOPING A SUBSTANCE USE DISORDER TREATMENT FACILITY IN UNINCORPORATED ALAMEDA COUNTY THAT WILL PROVIDE ACCESS TO DETOXIFICATION, RESIDENTIAL TREATMENT, AND OUTPATIENT SERVICES FOR THE TRI-VALLEY REGION.
ON JUNE 6TH, 2025, THE LA FAMILIA FORMALLY REQUESTED FINANCIAL REPORT FROM BOTH FROM THE CITIES OF DUBLIN, PLEASANTON, AND LIVERMORE FOR THE CONSTRUCTION OF THIS SIDE, UH, TREATMENT FACILITY.
IN RESPONSE, PLEASANTON COMMITTED A HUNDRED THOUSAND DOLLARS, UH, AND LIVERMORE COMMITTED $350,000 USING THEIR NATIONAL OPIOID SETTLEMENT FUNDS.
SIGNALING THAT THERE IS A STRONG REGIONAL COLLABORATION ON THIS PROJECT, PROVIDING FUNDING FROM DUBLIN'S NATIONAL OPIOID SETTLEMENT FUNDS ALIGNS DIRECTLY WITH STATE AND SETTLEMENT REQUIREMENTS OF THE FUNDING, WHICH ALLOWS THE CITY TO INVEST TREATMENT FACILITY INFRASTRUCTURE AND EXPAND, UH, UH, ACCESS TO EVIDENCE-BASED CARE.
THE PROPOSED MOU FORMALIZES DELVIN'S CONTRIBUTION OF $100,000 FROM THE CITY'S SETTLEMENT FUNDING FOR THE CONSTRUCTION OF A NEW SUBSTANCE ABUSE, OR EXCUSE ME, SUBSTANCE USE DISORDER TREATMENT FACILITY.
AND THE TERM OF THE AGREEMENT RUNS THROUGH JULY 1ST, 2027.
THE MOU OUTLINES LA FAMILIAS RESPONSIBILITIES, INCLUDING REQUIRED COMPLIANCE ACCESSIBILITY TO TRI-VALLEY RESIDENTS, UH, AND THE REQUIREMENT TO SUBMIT QUARTERLY PROGRESS REPORTS, AS WELL AS A FINAL REPORT AT PROJECT COMPLETION.
AND IT ALSO REQUIRES THAT LAW FAMILI WILL MAINTAIN THEIR RECORDS FOR A MINIMUM OF FIVE YEARS.
THE MOU ALSO STATES THAT THE CITY RETAINS THE RIGHT, UH, OR THE AUTHORITY TO REQUEST DOCUMENTATION AND AUDIT EXPENDITURES TO VERIFY COMPLIANCE WITH APPLICABLE OPIOID SETTLEMENT, UH, REQUIREMENTS.
SO STAFF'S RECOMMENDATION IS TO ADOPT THE RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING WITH LA FAMILIA FOR A SUBSTANCE USE DISORDER TREATMENT FACILITY.
AND THAT CONCLUDES MY PRESENTATION.
I'M HAPPY TO TAKE ANY QUESTIONS YOU MAY HAVE LONGER, SO, SORRY.
IF YOU HAVE PUBLIC COMMENT, YOU CAN SUBMIT, UH, SLEEP AND YEAH.
WHEN WE HAVE QUESTIONS, YOU GET A CHANCE TO DO YOUR PUBLIC COMMENT.
IF YOU WANT TO DO A PUBLIC COMMENT, SUBMIT A SLEEP.
SO LET'S, LET'S HAVE QUESTIONS, UM, OVER HERE FIRST.
SO, EXPERIENCES ON, ON OTHER COMMITTEES, UM, I THINK THEY DO VERY GOOD WORK.
UH, MAYBE YOU CAN QUICKLY TAKE ME THROUGH THE PROCESS OF SELECTION AND, UM, WHY WEREN'T OTHER ORGANIZATIONS OR WERE THERE OTHER ORGANIZATIONS, UM, IDENTIFIED AND OR, AND CONSIDERED IN THIS PROCESS? JUST, I, I DIDN'T QUITE, I THINK I MIGHT HAVE MISSED SOMETHING, BUT, UM, MAYBE YOU CAN GIVE ME A LITTLE BIT OF INSIGHT ON THAT AT, UH, COUNCIL MEMBER.
SO, UH, LA FAMILIA WROTE TO US AND REQUESTED THE FUNDING.
UM, THIS HAPPENED WITH, FOR EXAMPLE, UH, THREE VALLEYS FOUNDATION WHERE SURE.
UH, YOU WANNA SET UP A NEW SERVICE, AND SO YOU ASK LOCAL PARTNERS TO CONTRIBUTE.
UM, UH, BECAUSE THIS FUNDING IS SO RESTRICTED, WE WE'RE NOT, UH, DOING A AN RFP, IF YOU WILL, UH, ON WAYS TO USE IT.
SO THIS SEEMED LIKE A PERFECT FIT FOR US.
IT ALSO TIES BACK TO OUR 2024 NEEDS ASSESSMENT THAT TALKED ABOUT, UM, THE GAP IN, UM, SUBSTANCE ABUSE TREATMENT IN THE TRI-VALLEY.
SO, AND THERE WEREN'T METRICS TO THAT, BUT IT WAS ANECDOTAL EVIDENCE THAT HAD BEEN COLLECTED THROUGH THE NEEDS ASSESSMENT.
SO IT FILLED THAT NEED, AND IT MAKES SENSE FOR US TO USE THIS FUNDING SOURCE THAT'S SO RESTRICTIVE.
THE ONLY OTHER THINGS WE USE IT FOR ARE FOR THE DARE PROGRAM RIGHT NOW, UM, THE PURCHASE OF NARCAN
[02:25:01]
YEP.SO THIS SEEMS LIKE A, A PERFECT FIT.
AND YOU HAVE ANOTHER, WHAT WAS IT, TWO OR 300,000 LEFT, OR? I THINK WE, UH, AFTER THIS WE'LL HAVE TWO 50 ISH.
AND YOU'RE FOCUSING ON UTILIZING THAT, UM, IN THE SAME WAY TO THE SAME TYPES OF ORGANIZATIONS, NOT NECESSARILY LA FAMILIA, BUT, BUT OTHER TYPES OF ORGANIZATIONS AS THEY COME UP? WE ARE TO ANALYZE THE REMAINING THAT'S RIGHT.
AND WE'RE ALSO LOOKING EVERY BUDGET YEAR TO SEE IF THERE ARE, UM, PROGRAMS THAT POLICE SERVICES CAN, CAN IMPLEMENT THAT WE CAN USE THAT FUNDING FOR, LIKE, UM, COMMUNITY, UH, EDUCATION PROGRAMS ON SUBSTANCE ABUSE.
THANK YOU FOR THE PRESENTATION.
UH, IN TERMS OF OUTREACH, YOU KNOW, IF, IF WE WERE TO APPROVE THIS, THEY'RE, THEY'RE ABLE TO GET THE SECURE, THE RIGHT REMAINDER OF THE FUNDING, THEY DEVELOPED THIS FACILITY.
HOW, HOW WOULD YOU PROPOSE WE REACH OUT TO RESIDENTS AND, AND FROM AN EDUCATIONAL STANDPOINT, UM, LETTING RESIDENTS KNOW THAT THE THESE SERVICES ARE NOW AVAILABLE? YEAH, THAT'S A GREAT QUESTION.
SO, UM, LA FAMILIA ACTUALLY DOES PROVIDE OUTREACH THEMSELVES.
NOW, OBVIOUSLY, THE CITY WOULD BE ABLE TO PROVIDE OUTREACH.
WE COULD DO SOCIAL MEDIA POSTS, NEWS FLASHES, UM, YOU KNOW, PUT INFORMATION UP ON THE WEBSITE, DO WHAT WE CAN TO ACTUALLY ADVERTISE THAT THIS FACILITY EXISTS FOR RESIDENTS.
UM, BUT LIKE I SAID, UH, LA FAMILIA DOES ALSO PROVIDE THESE, THEY PROVIDE THIS INFORMATION.
UM, SO THEY DO HAVE, UH, INFORMATION THAT'S SHARED THROUGH THE COUNTY BEHAVIORAL HEALTH AGENCY, UH, TO, AGAIN, RESIDENTS OF ALL OF ALAMEDA COUNTY.
UM, ALSO, THEY DIRECTLY GET REFERRALS FROM HOSPITALS, SCHOOLS, SO DOUBLE UNIFIED SCHOOL DISTRICT, YOU KNOW, THEY DO GET, THEY DO RECEIVE REFERRALS FROM THE SCHOOL DISTRICT AS WELL, UH, FIRST RESPONDERS, AND THEN OTHER COMMUNITY ORGANIZATIONS.
SO THEY PARTNER WITH A LOT OF THE ORGANIZATIONS AROUND, AND THEY'RE ABLE TO DISTRIBUTE THIS INFORMATION OUT TO RESIDENTS IN NEED.
ANY MORE QUESTIONS? NO, NO QUESTIONS.
SO WE, WE CAN OPEN THE PUBLIC COMMENTS IF THERE'S ANY COMMENTS.
I DON'T HAVE ANY SPEAKER SLIPS FOR THIS ITEM THERE.
SO WE CLOSE THE COMMENTS AND THEN WE'LL HAVE, UH, ANY ADDITIONAL COMMENTS YOU WANT TO MAKE? NO, NO.
I'M GLAD, GLAD, UH, LA AMI EXPANDING THEIR FACILITIES AND HOPEFULLY, UH, YEAH.
IT'S, IT'S, UH, UNFORTUNATELY A NEEDED FACILITY, UH, AND, UM, IT'S SOBERING TO REALIZE THAT, BUT, BUT, UH, MUCH NEEDED.
SO I'M HAPPY TO MAKE A MOTION THAT WE APPROVE THE MOU WITH LA FAMILIA FOR SUBSTANCE USE DISORDER TREATMENT FACILITY.
I'M, OR THE RESOLUTION OF PROOFING THAT MOU, SORRY.
I'M HAPPY TO SECOND THAT WITH THE COMMENT THAT, UM, I'M REALLY APPRECIATIVE THAT WE ARE GOING TO USE OUR FUNDING IN THIS WAY.
I'M VERY FAMILIAR WITH LA FAMILIA FROM, UM, WORKING AT THE SCHOOL DISTRICT, AND WE DEFINITELY NEED THIS FACILITY HERE IN THE TRI-VALLEY.
AND SO I'M REALLY GLAD THAT IT'S GONNA BE LOCATED HERE IN THE TRI-VALLEY, AND WE'LL HELP PRIORITIZE, UH, LIVERMORE LIVERMORE.
UM, REALLY PLEASED THAT, UM, IT WILL BE PRIORITIZED DUB UH, TRI-VALLEY RESIDENTS, SO REALLY HAPPY TO SECOND THAT MOTION.
SO, MOTION PASSES UNANIMOUSLY,
[8.2 Exterior Improvements Project, CIP No. GI0125, GI0223, and GI0423 - Approval of Agreement with Plant Construction Company, L.P. for Design-Build Services in a Progressive Design-Build Delivery Method and Approval of a Budget Change. ]
UM, A 0.2.YOU'LL HAVE A MICHAEL HERE, HERE, CAPITAL IMPROVEMENT PROGRAM MANAGER.
SO TONIGHT WE WILL BE, UH, GOING OVER THE EXTERIOR IMPROVEMENT PROJECTS AND APPROVAL OF AN AGREEMENT WITH PLANT UH, CONSTRUCTION.
UM, BACKGROUND IN THE 20 24, 29 CIP INCLUDED THREE, UH, CIP PROJECTS TO DO, UM, WORK AT VARIOUS SITES, UM, FOR EXTERIOR CEILING PAINTING, UM, UH, ROOF REPLACEMENT, UM, AT, UH, SEVERAL DIFFERENT FACILITIES.
UM, THESE, UM, IMPROVEMENTS HAVE BEEN COMBINED INTO ONE, WHAT WE'RE GONNA CALL THE EXTERIOR IMPROVEMENTS PROJECT.
AND WE'RE LOOKING TO UTILIZE THE PROGRESSIVE DESIGN BUILD, UH, METHOD TO DELIVER THIS PROJECT.
UM, THE PROGRESSIVE DESIGN BUILD ADVANTAGES, UM, ENHANCED COLLABORATION.
UM, SO THERE'S EARLY INVOLVEMENT BETWEEN THE DESIGNER, THE CONSTRUCTION TEAM, AND THE OWNER, UM, TO DELIVER THIS PROJECT, THERE'S LOTS OF FLEXIBILITY, UM, WITH DELIVERING IT THIS METHOD.
WE HAVE THE INPUT FROM THE CONTRACTOR AND THE DESIGNER AND THE OWNER ALL AT THE BEGINNING OF THE PROJECT VERSUS GOING THROUGH A DESIGN PROCESS AND THEN PUTTING IT OUT TO BID AND THEN HEARING FROM THE CONTRACTOR OF,
[02:30:01]
OH, IF YOU DID THIS DIFFERENTLY, I COULD HAVE GIVEN YOU A DIFFERENT PRICE.SO THE INTENTION IS TO PROVIDE YOU THE MOST COST ADVANTAGEOUS, AND THEN ALSO REDUCING THAT DELIVERY TIME.
SO WE HAVE THAT FAST DELIVERY, UM, WHERE WE CAN FAST TRACK CERTAIN COMPONENTS OF THE PROJECT IN ORDER TO, UM, MINIMIZE THE DURATION OF THE PROJECT.
SO SOME OF THE OTHER, UH, COSTED, UH, CATEGORIES FOR THIS WORK IS, SO THERE'S THE PRELIMINARY DESIGN WORK, WHICH IS THE, THE INITIAL, UH, WORK BY THE DESIGN TEAM AND THE CONTRACTOR TO HELP DEVELOP THE, THE GMP, WHICH IS THE GUARANTEED MAXIMUM PRICE.
AND THAT'S CONSISTS OF ROCK CONSTRUCTION COSTS, FINAL DESIGN, GENERAL REQUIREMENTS, CONDITIONS, CONTINGENCIES, ALLOWANCES, UM, THE INSURANCE, AND THEN THE CONTRACTOR'S FEE.
THERE'S A, UM, OWNER'S PROJECT ALLOWANCE, WHICH ARE FOR DIRECT OWNER DIRECTED CHANGES.
SO THAT'S, IF WE WANT TO ADD SCOPE, UM, THAT WOULD BE OUTSIDE OF WHAT WAS ORIGINALLY ANTICIPATED.
AND THEN THERE'S A SOFT COST, WHICH IS THE STAFF TIME CONSULTANT COST TESTING AND INSPECTION, AND THEN OTHER MISCELLANEOUS COSTS.
SO THE PRELIMINARY DESIGN PHASE, UM, WE ENTERED INTO AN AGREEMENT WITH PLANT CONSTRUCTION IN MAY, AND THAT WAS TO DO THE, THE COLLABORATIVE WORK AND THE PRELIMINARY DESIGN.
UM, WE'VE DEFINED THE SCOPE OF WORK AND THE, UH, DESIGN BUILD AGREEMENT, UM, IS BEFORE US TONIGHT.
AND WE HAVE ALSO, AS PART OF THAT, WE OBTAINED IT AS A, A GUARANTEED MAXIMUM PRICE.
UM, SO WE'RE GONNA BE DOING ABOUT $12.9 MILLION WORTH OF WORK AT, UH, 13 DIFFERENT STRUCTURES, UH, THROUGHOUT THE CITY.
AND HERE'S KIND OF A SUMMARY OF, OF THOSE IMPROVEMENTS.
UM, SO I'M NOT GONNA GO THROUGH EACH INDIVIDUAL ONE, BUT AS YOU CAN SEE, THERE'S A, A LOT OF OVERLAP ON THE TYPES OF IMPROVEMENTS BETWEEN THE PAINTING, THE ROOFING, UH, GUTTERS, EXTERIOR IMPROVEMENTS.
SO WE'RE, WE'RE BASICALLY PUTTING THOSE TOGETHER AND BEING COST ADVANTAGEOUS AS DELIVERING A PARTICULAR TYPE OF WORK THAT THEY WILL, UH, GIVE US PRICING THAT IS VERY COMPETITIVE.
SO THIS IS KIND OF THE, THE FINDINGS, AND THIS IS KIND OF THE WHY, UM, WE NEED TO DO SOME OF THIS WORK, UM, AT ALL OF THESE DIFFERENT FACILITIES.
UM, WE NEED TO MAINTAIN, UM, THE, THE FACILITY.
UM, ONE OF THE BIGGEST THINGS THAT WE'RE HAVING TO DEAL WITH IS MOISTURE, OBVIOUSLY.
UM, MOISTURE GETS INTO A BUILDING AND CAN CAUSE HAVOC RATHER RAPIDLY.
UM, SO WE HAVE AT THE LIBRARY, UM, ONE OF THE BIG ISSUES IS THE INTERNAL GUTTER SYSTEM.
SO THAT'S THE PICTURE ON THE, UH, TOP LEFT.
UM, AT CIVIC CENTER, WE HAVE THE SAME THING.
UM, WE HAVE AN INTERNAL GUTTER SYSTEM, AND THAT'S YOUR BOTTOM, UH, IN THE MIDDLE PICTURE, UM, WHERE WE'VE RESTED OUT.
THIS HAS ISSUES CAULKING THAT'S FAILED, OTHER THINGS THAT HAVE HAPPENED OVER THE LIFE OF THE BUILDING.
SO THIS BUILDING WAS CONSTRUCTED AND OPENED IN 1989.
SO IT KINDA GIVES YOU AN IDEA OF HOW LONG THESE, UH, MATERIALS HAVE LASTED, BUT NOW NEED TO BE REPLACED AND REFRESHED.
UM, THE SAME THING WITH THE CLOCK TOWER.
UM, THE EXTERIOR OF THE BUILDING, UM, WHEN THEY ORIGINALLY FIRST CONSTRUCTED IT, THEY CONSTRUCTED THE EXTERIOR CLADDING AS WALLS, NOT AS ROOFS.
SO IF YOU ACTUALLY GO OUT THERE AND LOOK AT IT, THE SIDES OF THE BUILDING ARE SLOPED.
SO YOU'RE HAVING WATER COME IN AS A, A ROOF VERSUS A WALL.
AND SO THAT'S WHAT'S HAPPENED IS THE WATER CAME IN AND CAUSED THE EXTERIOR SKIN TO RUST OUT, AND THEN ULTIMATELY THE WATERPROOFING FAILED.
SO HERE, UM, AT THE WAVE, UM, AGAIN, UM, WE HAVE SOME FAILURE.
THIS IS, IS A PRODUCT FAILURE AT THE CEMENTATION SIDING, IT'S CRACKING.
AND AGAIN, SAME THING AS WE WANT TO KEEP THE MOISTURE OUT OF THE BUILDING.
SO IF, IF WE HAVE CRACKING AND THAT EXTERIOR CLADDING WATER GETS IN AND THEN STARTS TO DETERIORATE THE VAPOR BARRIER AND THEN GETS BACK TO THE STRUCTURE.
SO AS PART OF THIS WORK WE'RE PROPOSING TO REPLACE THAT SIGHTING, THAT'S FAILING.
UM, ALSO WE NEED TO PAINT, UM, IF YOU'VE EVER BEEN OUT THERE, OBVIOUSLY THERE'S A LOT OF WEST AND SOUTH FACING FACADES THAT GET HAMMERED IN THE SUN, AND THAT'S WHY WE HAVE SOME OF THE, UH, THE PAINTING THAT IS FADED, UM, OUT AT THE SENIOR CENTER.
WE'RE DOING ROOFING, UM, UH, REPLACEMENT OF, UH, THE, SOME OF THE CLADDING AND THAT WE HAVE TO, TO GO THROUGH AND, AND FIX.
IT'S JUST ONE OF THOSE THINGS WHERE, UH, THE, THE, THE BUILDING HAS, YOU KNOW, HAD SOME, UH, MOISTURE EXPOSURE THROUGH THE TIME, AND IT IS JUST TIME TO REPLACE IT, UM, OUT AT HERITAGE.
UM, WE HAVE SEVERAL DIFFERENT THINGS THAT, THAT ARE GOING ON.
[02:35:01]
THAT ARE DOING A LITTLE DAMAGE TO THE, THE CHURCH.UM, WE HAVE, UM, JUST TIME AND MOISTURE THAT IS, UH, HAVING ISSUE WITH THE HORIZONTAL SIDING.
UH, UM, THEN JUST THE SAME THING AS, AS IT'S TIME TO REPAINT SOME OF THESE, UH, FACILITIES THAT HAVE, UH, GOTTEN WHAT WE REFER TO AS THE GOOD OUT OF IT, AND IT'S TIME TO REFRESH IT.
AND SO THE NEXT STEPS ARE, UH, APPROVE A BUDGET ADJUSTMENT.
SO THOSE, UH, FOUR, UH, CATEGORIES, A TOTAL A LITTLE OVER $8 MILLION.
UM, THEN WE WOULD COMPLETE THE DESIGN PACKAGE AND START CONSTRUCTION.
AND WE ANTICIPATE BEING ABLE TO DELIVER THIS PROJECT COMPLETED IN OCTOBER OF NEXT YEAR.
SO STAFF RECOMMENDS ADOPTING THE RESOLUTION, APPROVING THE AGREEMENT WITH PLANT CONSTRUCTION AND APPROVING THE BUDGET CHANGE.
AND SO WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.
UH, THANK YOU FOR THE PICTURES, BY THE WAY.
UH, SO JUST TWO VERY FUNDAMENTAL QUESTIONS.
WITH THE, UM, WITH THE, WITH THE, WITH THE CONTRACT WE'RE GOING TO ISSUE OUT THERE, IS IT MULTIPLE CONTRACTS OR IS IT LIKE ONE BIG ONE? NO, IT'S, IT'S ONE BIG DESIGN BUILD CONTRACT.
UH, AND THEN WHEN WE, UM, ARE, ARE WE ENFORCING ANY SORT OF LIKE LOCAL TRADE HIRES TO MAKE IT SO THAT, YOU KNOW, WE'RE, WE'RE MEETING OUR, OUR, OUR COMMITMENTS THERE? YES, WE ARE.
THE CWD DOES THE, EXCUSE ME, THE CWA DOES APPLY, AND SO THE GENERAL CONTRACTOR HAS TO COMPLY, SAME WITH THE SUBS.
SO IT WOULD BE NO DIFFERENT THAN A PROJECT THAT WE WOULD BID OUT, SAME REQUIREMENTS.
AND THEN THE, UH, THE NEXT QUESTION IS SOMEWHAT OF A FINANCE QUESTION, BUT THE, UH, THE INCREASE, UH, OF 12.8 MILLION, IS THAT ALREADY INFLATION ADJUSTED? UM, OR ARE WE GONNA HAVE TO COME HEAR FROM YOU AGAIN LATER ON TO ACCOUNT FOR MATERIAL COSTS THAT MIGHT RAISE FEAR IN 18 MONTHS? NO, THAT, THAT IS THEIR PRICE.
UM, OBVIOUSLY THERE'S SOME EXCLUSIONS, UM, AND OR, UH, ALLOWANCES THAT ARE BUILT INTO IT.
AND IN THE EVENT YOU WOULD EXCEED THOSE ALLOWANCES, YOU MIGHT BE, UM, LIKE AN EXAMPLE FOR THAT, JUST TO KIND OF PREFERENCE IT WOULD BE IS, LET'S SAY WE, WE FOUND AN EXORBITANT AMOUNT OF DRY ROT OR TERMITE DAMAGE, IT WAS WELL BEYOND WHAT THE CONTRACTOR ANTICIPATED.
THAT WOULD BE SOMETHING THAT YOU POTENTIALLY COULD HAVE ADDITIONAL ALLOWANCE NEED.
AND WHERE IS THAT ALLOWANCE? SO THE ALLOWANCE IS, IS BUILT INTO THE GMP.
UM, SO WITHIN THE DOCUMENT THEY HAVE, THEY'VE LISTED OUT SEVERAL LINE ITEMS OF THE ALLOWANCE.
SO ONE OF THE BIG THINGS WITH THIS PARTICULAR DELIVERY METHOD IS VERY TRANSPARENT, SO YOU CAN SEE EXACTLY WHAT THEY'RE CHARGING YOU, AND THEN THE PERCENTAGES THAT ARE CHARGED.
THE OTHER BENEFIT IS IF THAT ALLOWANCE IS NOT USED, THAT IS REIMBURSED BACK TO THE CITY ALONG WITH THE MARKUPS.
SO THE, THE ALLOWANCE IS LOCATED ON PAGE TWO, UH, LINE ITEM OWNER PROJECT ALLOWANCE FOR 400,000.
IS THAT RIGHT? NO, THAT'S ACTUALLY FOR OWNER REQUESTED CHANGE.
THIS WOULD BE WITHIN THE GMP ITSELF.
IT'S, IT'S WITHIN A SUBCATEGORY OF THE TOLL 0.8.
MORE QUESTIONS? I DO THANK YOU.
UM, IN THE, HOPEFULLY KEEPING THEM BRIEF IN THE INTEREST OF TIME, UM, THIS IS A SHOCKING NUMBER TO ME,
UM, SO MY QUESTIONS ARE MOSTLY FINANCIAL.
UM, MY FIRST QUESTION IS SIMPLY, UH, MY OWN IGNORANCE.
WHAT IS GENERAL REQUIREMENTS IN GENERAL CONDITIONS? WHAT DOES THAT MEAN? SO THOSE ARE THE, THE NON-WORK COMPONENTS.
SO THAT WOULD BE YOUR OFFICE ENGINEER, THAT'S YOUR PROJECT SUPERINTENDENT, YOUR ESTIMATORS, ALL THE BACK OF HOUSE.
THEN, UH, IN ADDITION TO THAT, THOSE ARE, THAT'S CLEANING CONSUMABLES THAT ARE PUT PUT IN THERE.
SO IT'S ONE OF THOSE, THEY'RE, THEY'RE NOT NICKLING DIMMING YOU TO EVERY LITTLE TINY ITEM.
IT'S, IT'S ALL WRAPPED UP INTO THAT CONTINUAL, THAT ITEM.
AND THAT'S NOT BASED ON A PERCENTAGE CONTRACT OF THE WORK.
THAT'S, UH, DO WE HAVE ANY INSIGHT INTO HOW THOSE TWO NUMBERS ARE DEVELOPED? SO THAT'S SPREAD OUT THROUGH THE CONTRACT, AND IT, A LOT OF IT'S DEPENDENT UPON THE AMOUNT OF WORK, RIGHT? SO THERE'S, THERE'S A LOT MORE WORK AT THIS FACILITY THAN THERE IS AT THE FIRE, LET'S SAY ONE OF THE FIRE STATIONS.
SO THEY HAVE SHIFTED THE NEED OF THOSE GENERAL SERVICES TO THAT PARTICULAR PROJECT.
UM, BECAUSE LET'S SAY FOR THE CLOCK TOWER OF THIS BUILDING, THERE'S GONNA BE AN EXTENSIVE SUBMITTAL PROCESS, A REVIEW, ALL OF THOSE ITEMS THAT ARE CONSIDERED IN THAT VERSUS, YOU KNOW, IF WE'RE GONNA PAINT
[02:40:01]
A, THE, THE FIRE STATION, WE'LL HAVE, HERE'S SOME, HERE'S THE PAINT PRODUCT, HERE'S SOME COLORS AND ALL THIS.IT'S, IT'S NOT REALLY THE SAME PERCENTAGE WISE.
UM, AND THEN MY SECOND QUESTION IS, IS THE, UM, THE, THERE'S TWO CONTINGENCIES THAT ARE IN HERE.
ONE IS A 4% DESIGN AND ESTIMATING CONTINGENCY, AND ANOTHER IS A 5% CONSTRUCTION CONTINGENCY.
UM, IS THAT WHAT YOU MEANT BY THE ALLOWANCES WITHIN THE GUARANTEED MAXIMUM? SO, NO, THERE'S ACTUALLY ANOTHER CATEGORY FOR ALLOWANCES TOO.
BUILDING PERMIT ALLOWANCE, WHICH IS 1%.
THAT'S JUST FOR THE PERMIT PRICE, RIGHT? THAT THAT'S CORRECT.
AND THEN THE ONLY ONE I SEE THAT SAYS ALLOWANCE IN THE, IN THE COSTS, UM, I SEE TWO CONTINGENCIES, AND THEN A BUILDING PERMIT ALLOWANCE.
SO IF YOU WERE TO LOOK AT PAGE THREE OF THE ACTUAL GMP ITSELF, IT GOES THROUGH, THERE'S A 20 PACKET PAGE.
UH, I DON'T HAVE THE PACKET PAGE.
UM, IT IS 1, 2, 3, FOURTH PAGE OF ATTACHMENT THREE, FOURTH PAGE OF ATTACHMENT THREE.
SO IN THE EVENT THAT WE DO NOT NEED THESE, UH, ALLOWANCES MM-HMM
AND THESE ARE IN WHAT PART OF, NO, I DON'T KNOW WHAT PAGE I WAS LOOKING AT.
SO THOSE, UH, ALLOWANCES ARE SPREAD THROUGH THE 8 MILLION.
SO IF WE WENT TO THEIR, THEIR DETAILED BREAKDOWN ON WHAT WOULD BE THE START OF PAGE 18 WITHIN THAT DOCUMENT, UHHUH
WHAT I'M LOOKING AT, JUST SO FOR YOUR KNOWLEDGE, IS I'M LOOKING AT PAGE 28 OF, UM, THAT I THINK THAT SAME DOCUMENT, UM, I'M LOOKING AT SORT OF THE SUMMARY OF WHAT THE, THE PERCENTAGE MARKUPS ARE.
UM, SO THAT ACTUALLY IS HELPFUL TO ME.
UM, AND THEN CONTRACTORS FEE, THAT'S JUST THEIR PROFIT, CORRECT? CORRECT.
AND THEN, UM, THE, I THINK THAT ANSWERS MY, UM, FINANCIAL QUESTIONS.
UM, CAN YOU WALK US THROUGH WHY THE WAVE NEEDS SO MUCH WORK WHEN THAT BUILDING IS, UH, TO MY RECOLLECTION ABOUT THAT FACILITY IS ABOUT 10 YEARS OLD, IS THAT RIGHT? IT'S JUST A LITTLE UNDER.
UM, SO, SO THE, ONE OF THE BIG SIGNIFICANT ISH COST IS THE REPLACEMENT OF THE CEMENTATION SIDING MM-HMM
AND SO THE CURRENT SIDING THAT'S OUT THERE IS FAILING.
IT'S BASICALLY A, A PRODUCT MANUFACTURER FAILURE MM-HMM
SO IF WE WENT BACK TO, AND THAT'S NOT NORMAL FOR AN UNDER 10 YEAR BUILDING, IS IT? THAT, THAT IS CORRECT.
IT, THIS IS, IF WE'VE DONE A LITTLE BIT OF RESEARCH AND THERE APPEARS TO BE A CLASS ACTION LAWSUIT AGAINST THIS PARTICULAR MANUFACTURER, UM, THE MANUFACTURER'S WARRANTY WAS TWICE THE VALUE OF WHAT YOU, YOU PAID FOR THE MATERIAL.
AND IT'S KIND OF SUBJECT TO THEIR, YOU KNOW, APPROVAL.
IT, IT, THEY, THEY HAVE SOME, SOME LANGUAGE IN THERE, SO IT'S NOT A LOT OF VALUE MM-HMM
UM, UH, TO OFFSET THE, THE, THE COST.
SO WE ARE PURSUING A WARRANTY CLAIM.
UM, WE CAN, WE HAVE THE ABILITY TO SUBMIT, UH, TO THE MANUFACTURER THE, THE INFORMATION.
AND THEN ARE WE PART OF THAT CLASS ACTION? NO, THIS IS JUST FROM, YOU KNOW, DOING RESEARCH OF, YOU KNOW, WHY IS THIS PRODUCT FAILING, LOOKING INTO IT AND COMING ACROSS GOING, OH, LOOK, THERE'S, DURING A CERTAIN PERIOD OF MANUFACTURING AND WE DON'T HAVE THAT SPECIFIC INFORMATION.
SO, UM, THE, IT'S NOT A LOT OF MONEY, BUT I'M, I'M ASSUMING THAT WE WOULD SUBMIT FOR THE WARRANTY CLAIM FOR GET BACK WHATEVER WE COULD, EVEN IF IT'S NOT ANYWHERE CLOSE TO THE COST OF REPAIRING THE PROBLEM, AND THEN MAYBE, UM, MR. BOCKER CAN WEIGH IN ON WHETHER IT'S WORTH IT TO US TO, UM, BE PART OF THE CLASS OR NOT WORTH PURSUING.
WELL, TYPICALLY WHAT HAPPENS IN CLASS ACTION LAWSUITS IS YOU'RE MADE PART OF THE CLASS BECAUSE YOU MEET THE, THE DESCRIPTION OF THE CLASS, RIGHT.
UM, WE HAVE PARTICIPATED AS MEMBERS OF THE CLASS WHERE WE ARE THE PLAINTIFFS, AND THEN CREATE A CLASS ON BEHALF OF OTHERS.
SO THAT'S WHAT YOU'RE REMEMBERING.
IT WASN'T, BUT WE COULD, WE COULD INQUIRE INTO WHETHER OR NOT WE'RE COVERED BY THE CLASS ACTION THAT'S PENDING.
I, I HADN'T TALKED TO MICHAEL ABOUT THAT, BUT WE, WE COULD CERTAINLY TAKE A LOOK AT THAT.
BUT YOU HAVE TO, WHEN YOU'RE, YOU'RE MADE A MEMBER OF A CLASS ACTION, YOU DON'T ALWAYS HAVE TO OPT IN.
LIKE YOU DON'T HAVE TO OPT IN, WHICH WAS NO, SOMETIMES YOU'RE JUST IN AND YOU GET A, YOU GET A NOTICE IN THE MAIL THAT SAYS, HEY, YOU WANNA TAKE A, YOU KNOW, 60% OF, YOU KNOW, THE ATTORNEYS GET SOME, AND YOU MM-HMM
YOU GET A PORTION OF THE SETTLEMENT AND YOU COULD TAKE IT OR NOT MM-HMM
[02:45:01]
BUT, BUT YOU CAN ALSO, IF YOU, YOU CAN ALSO OPT TO NOT BE IF YOU THINK YOU HAVE A LARGER CLAIM.
THAT WOULD BE PART, AND THAT WOULD BE, YEAH.
BUT WE DON'T KNOW THE STATUS, STATUS OF THIS PRESENT LITIGATION.
IT MAY BE IN THE EARLY STAGES, THEY MAY EVEN BE ABLE TO GET THE CLASS CERTIFIED, SO WE'LL, WE CAN TAKE A QUICK LOOK AND SEE WHAT'S GOING ON.
I MEAN, I CERTAINLY WOULDN'T WANT US TO SPEND A LOT OF MONEY ON THAT IF IT'S UNLIKELY THAT WE'RE GONNA GET MUCH BANG FOR OUR BUCK THERE.
BUT, UM, IT'S JUST, IT STRUCK ME AS WELL.
HORRIFYING IS PROBABLY TOO STRONG A WORD, BUT FOR US TO BE SPENDING THIS MUCH MONEY ON A FACILITY THAT IS, UM, ONE OF OUR NEWEST SURE.
THAT'S THE EXTENT OF MY QUESTION.
OH, IT'S KINDA INTERESTING LOOKING, ALL THE, UH, DIFFERENT PROJECTS ARE SPREAD OUT ALL OVER THE CITY, A LOT OF 'EM IN THE WEST SIDE.
UM, WHAT I, IT WAS INTERESTING, UH, THE COMMENTS, THE QUESTIONS THAT, THAT, UM, COUNCIL MEMBER JOSIE BROUGHT UP, AND IT STRUCK ME THAT, UH, YEAH, THE NUMBERS ARE HIGH, BUT, UM, THE PURPOSE OF, OF THE REPAIRS, UH, IF YOU CAN ELABORATE A LITTLE BIT, UM, ARE THEY, BECAUSE OF, IT LOOKS TO ME LIKE THERE'S SOME PRODUCT WARRANTY ISSUES WITH SOME OF THESE PRO UH, PROJECTS THAT YOU'RE DEALING WITH.
SHE'S BROUGHT UP A FEW, BUT I'M JUST LOOKING AT THE LIST AND I, AND I WAS LOOKING AT THOSE PICTURES AND I'M THINKING, YOU KNOW, ARE THERE OTHERS THAT, UM, WHERE THE WORK, WHETHER IT'S MATERIALS OR, OR LABOR OR ANYTHING ELSE, AND I'M GETTING TO ANOTHER POINT, UM, WE'RE PART OF ALL OF THIS, AND ARE WE TAKING THOSE INTO CONSIDERATION? WE TALKED ABOUT CLASS ACTION SUITS AND THIS AND THAT, BUT ARE WE DOING ANYTHING TO RECOGNIZE, OR DO WE HAVE ANY, UM, UM, WHAT'S THE WORD I WANNA SAY, UH, TO TRY TO GO AFTER THAT, UH, FROM A PRODUCT WARRANTY OR, OR, OR, UM, LABOR.
AND AGAIN, THAT'S GONNA LEAD TO MY MY NEXT QUESTION.
IT LOOKS LIKE SOME OF THIS IS, IS NOT JUST NORMAL WEAR AND TEAR.
UH, UNFORTUNATELY, IT, IT IS, IT'S THE ELEMENTS, YOU KNOW, UH, ACTING ON SOME OF THESE BUILDINGS THAT ARE, YOU KNOW, 10 YEARS OLD, SOME OF THEM AT THE HISTORIC, UH, FACILITY ARE OVER A HUNDRED YEARS OLD, RIGHT? YEAH.
UM, A LOT OF IT'S, YOU KNOW, LIKE PAINT, IT HAS A USEFUL LIFE OF SOMEWHERE BETWEEN FIVE AND 15 YEARS, KIND OF DEPENDS ON WHAT ITS EXPOSURE IS AND ALL OF THESE OTHER THINGS.
SAME THING WITH A ROOF, RIGHT? SO WE'RE, WE'RE GOING THROUGH AND HAVING TO REPLACE THOSE ITEMS, YOU KNOW, AS, AS MAINTENANCE, RIGHT? AND SOME OF IT'S MAY HAVE BEEN RESULT OF SOME DEFERRED MAINTENANCE.
OTHER THINGS MAY HAVE BEEN JUST, UH, YOU KNOW, JUST UNFORTUNATELY HOW THINGS WERE MAINTAINED OR JUST WAS NOT CONSTRUCTED TO THE BEST STANDARDS AT THE TIME.
AND UNFORTUNATELY, THE STANDARDS IN 19, LATE 1980S ARE NOT THE SAME STANDARDS THAT WE WOULD CONSTRUCT IT TO TODAY.
MATERIALS HAVE GOTTEN BETTER, UM, OUR KNOWLEDGE OF HOW TO PUT THINGS IN AND, AND BASICALLY KEEP THE WATER OUT, UM, HAVE GOTTEN BETTER.
AND MY NEXT QUESTION, I REALIZE THE COMPLEXITY OF THE ANSWER, UH, BECAUSE EVERYTHING HAS A DIFFERENT, UM, LIFESPAN BECAUSE IT'S A DIFFERENT TYPE OF STRUCTURE.
UM, BUT WHEN WE INVEST $13 MILLION IN THIS, UM, WHAT ARE WE EXPECTING IN TERMS OF, YOU KNOW, GENERAL, UH, IF THIS IS ALL REALLY MAINTENANCE AND DEFERRED MAINTENANCE AND WHATEVER, UH, HOW, WHAT, WHAT KIND OF, UM, TIMING ARE WE LOOKING AT? WHERE THE NEXT TIME WE HAVE TO DO THIS? I'M SURE, AND I DON'T WANNA GO TOO FAR INTO THIS BECAUSE YOU PROBABLY HAVE A VERY, UH, SYSTEMATIC WAY OF LOOKING AT ALL OF YOUR STRUCTURES THROUGHOUT THE CITY.
UM, BUT AGAIN, UH, THE AMOUNT KIND OF POPS UP.
AND SO I'M JUST LOOKING AT THIS AND OKAY, SO WE'RE DOING ALL THIS STUFF, UH, WHEN'S THE NEXT TIME? WHEN'S THE NEXT, UM, YOU KNOW, BIG, BIG WAVE? AND OBVIOUSLY THAT UNINTENDED THO THOSE VARY, RIGHT? PAINT IS GONNA HAVE A, A MUCH DIFFERENT LIFE CYCLE THAN THE REPLACEMENT OF THE GUTTER.
YOU KNOW, THAT, YOU KNOW, WE ORIGINALLY GOT 40 PLUS YEARS OUT OF, RIGHT? SO I, IN SOME CASES, THE, THE SYSTEM THAT WE'RE HOPING TO PUT IN, UM, WILL OUTLAST, YOU KNOW, HOPEFULLY MY LIFETIME AND, AND MAYBE MY KIDS' LIFETIME, UM, FOR SOME OF THEM.
BUT THE, THE, THEY EACH WILL HAVE AN INDIVIDUAL LIFECYCLE.
AND THAT'S ONE OF THE THINGS THAT WE'LL HAVE TO PUT BACK IN, IS TO THIS ONGOING MAINTENANCE OF SAYING, HERE'S THE EXPECTED LIFE AND THIS IS HOW FAR WE NEED TO PROGRAM THAT'S REPLACEMENT.
I KNEW IT WAS A COMPLEX RESPONSE.
THAT'S THE EXTENT OF MY QUESTIONS.
YOU GOOD? UH, THANK YOU FOR THE PRESENTATION.
SO THE FIRST IS, UH, IN TERMS OF THIS, UM, PROGRESSIVE DESIGN BUILD, IS THIS THE FIRST TIME WE'RE, WE'RE TAKING THIS APPROACH? THAT IS CORRECT.
[02:50:01]
BUILD, BUT NOT PROGRESSIVE DESIGN BUILD.AND, AND THIS IS RELATIVELY NEW.
TH THIS HAS, YOU KNOW, BEEN AROUND FOR, FOR JUST UNDER TWO YEARS.
THEY'VE BEEN REALLY AVAILABLE TO GENERAL LAW CITIES.
SO THIS IS A, THIS IS A NEW DELIVERY SYSTEM FOR US.
AND HOW MANY PROJECTS HAVE YOU DONE? UH, USING THE DESIGN BUILDS METHODOLOGY FOR, FOR, WITH, WITH THE CITY, RIGHT? I, I'VE DONE ONE WITH THE CITY, BUT I'VE DONE SOME OTHERS WITH MY PREVIOUS EMPLOYER, AND I'VE, I'VE DONE OTHER, UH, PROJECT DELIVERY METHODS BESIDES THE DESIGN BID BUILD ALSO.
SO I'M, I'M LOOKING AT THE BUDGET.
IT WENT FROM EIGHT POINT, SORRY, 6.19 MILLION TO 15 MILLION, UM, AN INCREASE OF 8.8.
UH, IT LOOKS LIKE THE CIP WAS APPROVED IN 2024.
SO IN JUST OVER A YEAR, IT'S INCREASED OVER A HUNDRED PERCENT.
WHERE DID WE GO WRONG IS THE FIRST QUESTION IN TERMS OF THE ESTIMATE, UH, ESTIMATIONS.
AND SECOND IS, HOW DO WE PREVENT THIS FROM HAPPENING? BECAUSE THE, THE IDEA WITH THE CIP IS THAT WE KNOW LONG TERM, HERE'S OUR FIVE YEAR HORIZON FROM 24 TO 29.
HOW, HOW DO WE ENSURE THAT THAT DOESN'T HAPPEN WHERE THERE'S A HUNDRED PERCENT INCREASE? SO, SO PART OF THAT IS GOING FROM KIND OF THE, THE ROUGH, YOU KNOW, HIGH ALTITUDE TYPE OF ESTIMATING OF A PROJECT VERSUS GETTING THE EXPERTS OUT THERE TO ACTUALLY EVALUATE THE SYSTEMS THAT YOU HAVE AND FINDING THINGS SOME OF LIKE, LIKE THE SIDING, RIGHT? THAT, THAT WAS NEVER CONTEMPLATED WHEN WE PUT TOGETHER THE, THE PAINTING AT THAT FACILITY.
BUT WHEN WE ACTUALLY GO OUT THERE, DO THE EVALUATION AND GO, WAIT, WE HAVE A PROBLEM, RIGHT? THE, THIS IS WHAT NEEDS TO HAPPEN, RIGHT? SO SOME OF THOSE WERE BASICALLY SCOPE THAT WAS NEVER CONTEMPLATED AT THE TIME OF THE CIP.
AND THEN THE OTHER IS JUST AS WE GO THROUGH, WE'RE FINDING MORE THINGS.
THE OTHER ITEM, LIKE AT HERITAGE IS THERE'S SOME NEW REGULATIONS THAT CAUSE US TO DO ABATEMENT OF, WE HAVE LEAD BASED PAINT THAT'S ON THOSE OLD FACILITIES WE NEED TO GO THROUGH.
IF WE'RE GONNA TOUCH THAT SUBSTRATE, WE NEED TO, THAT WAS NOT CONTEMPLATED AT THE TIME, BECAUSE THIS IS A NEW REQUIREMENT THAT SAYS THAT WE HAVE TO ABATE THAT BEFORE YOU COULD ENCAPSULATE.
SO THERE'S A, THERE'S A COST ADDED TO THAT.
AND, UH, SAY THAT, UH, WE HAVE A NEW FOCUS, UH, WHICH IS ON MAINTENANCE OF OUR FACILITIES.
WE'VE NEVER FOCUSED ON THAT BEFORE.
WE'VE FOCUSED ON BUILDING THINGS.
UM, SO WE'VE HAD THAT MIND VERY MUCH IN THE PAST, AND WE CANNOT CONTINUE.
WE SEE EXAMPLES OF WHAT CAN HAPPEN IN A COMMUNITY WHERE YOU IGNORE DEFERRED MAINTENANCE OVER A LONG PERIOD OF TIME.
AND WHAT ENDS UP HAPPENING IS YOU SHUT FACILITIES DOWN, YOU CLOSE FACILITIES BECAUSE THEY, THEY'RE NO LONGER INHABITABLE.
WE ARE AT SOME POINT WE'RE GONNA BE A MAINTENANCE CITY, AND THIS IS THE MAJOR WORK THAT WE'RE GONNA DO.
UH, IT'S A BIG ONE, BUT IT'S OUR FIRST STEP IN CHANGING OUR MINDSET ABOUT WHAT WE'RE DOING, UH, WHICH IS MAINTAINING WHAT WE HAVE.
I, I KNOW IT'S A BIG DOLLAR AMOUNT.
UM, THIS IS IMPORTANT WORK TO TAKE CARE OF OUR FACILITIES.
I GET, I GET THE PART, I APPRECIATE THE COMMENT, RIGHT? I, I GET THE PART THAT WE'RE, YOU KNOW, WE HAVE AGING INFRASTRUCTURE, UM, YOU KNOW, BUILDINGS ROAD, ET CETERA.
UH, I, I, I REALIZE, YOU KNOW, THERE'S GONNA BE, ONCE YOU START, YOU KNOW, LOOKING UNDER THE HOOD, YOU'RE GONNA FIND OTHER PROBLEMS. AND, AND IT SOUNDS LIKE THAT'S SORT OF WHAT HAPPENED HERE.
HOW DO WE GET AHEAD OF THAT? HOW DO WE PREVENT THAT FROM HAPPENING? SPECIFICALLY FROM A BUDGET PERSPECTIVE, RIGHT? LIKE WE'RE, WE'RE PROJECTING DEFICIT IN, YOU KNOW, LET'S CALL IT SIX YEARS.
YOU KNOW, WE CAN'T, WE CAN'T HAVE SURPRISES.
WE NEED TO MITIGATE AGAINST THOSE SURPRISES.
HOW, HOW DO WE DO THAT? HOW DO WE APPROACH THIS AND, AND PREVENT THIS FROM HAPPENING IN THE FUTURE? SO DO YOU WANT, PART OF IT IS AN ASSET INVENTORY, RIGHT? AND SO UNDERSTANDING WHAT ARE THOSE ASSETS? WHAT IS THAT SCHEDULED MAINTENANCE OF THAT ASSET SO THAT YOU CAN START TO SOCK AWAY SOME MONEY A LITTLE AT A TIME.
AND, AND THEN ALSO UNDERSTANDING WHAT IS OUR LIFECYCLE, RIGHT? THERE'S, THERE'S THE INDUSTRY STANDARD, BUT IF FOR SOME REASON, YOU KNOW, WE HAVE ISSUE WITH IT, WHETHER IT BEING BEAT BY THE SUN OR, OR WHATEVER THE ELEMENTS ARE, WE MAY HAVE TO MAKE THOSE ADJUSTMENTS BASED ON WHAT OUR PARTICULAR PRODUCT IS.
NOT JUST, WELL, HERE'S JUST A, A STANDARD RULE OF THUMB, RIGHT? AND THAT'S SOME OF WHAT WE'RE LOOKING AT.
WE HAVE IN OUR, UH, WORK PLAN, MICHAEL TOUCHED ON IT, UM, ASSET MANAGEMENT.
UM, SO, AND WE'VE NEVER REALLY DONE THIS, UM, UH, AT A GREAT LEVEL BEFORE, BUT IT'S, UM, TAKING AN INVENTORY AND PLANNING FOR EVERY POSSIBLE THING THAT NEEDS TO ADDING A LIFE
[02:55:01]
CYCLE AND A COST ASSOCIATED WITH EVERYTHING THAT HAS TO DO WITH THE FACILITY, AND THEN YOU PLAN OUT WHAT YOU'RE GONNA DO FOR THE NEXT FIVE OR 10 YEARS.WE, WE, WE HAVEN'T BEEN DOING THAT.
UH, AND THIS IS OUR, THIS IS OUR FIRST STEP AT SORT OF LIKE, UH, LOOKING AT EVERY FACILITY AND SAYING, WOW, WE HAVE A LOT TO CATCH UP ON HERE, AND THEN WE'RE GONNA RESET.
UH, BUT IT IS A FOCUS OF OURS, AND YOU'RE GONNA START SEEING MORE OF THIS, THIS KIND OF WORK.
FORTUNATELY, WE'VE PLANNED IN ADVANCE AND WE HAVE A LOT OF FUNDING IN OUR INTERNAL SERVICE FUNDS THAT'S SUPPOSED TO BE FOR THIS PURPOSE.
I THINK THERE'S A LOT OF GOOD QUESTIONS.
AND, UM, LIKE, UH, THEY ASK ALL THE QUESTIONS I WANTED TO ASK ALREADY.
AND I, I DO WANT TO SAY, ARE THERE ANY COMMENT I DO HAVE, I'M SORRY, I DO HAVE ONE SPEAKER SLIP.
HERE IN THE CHAMBER, MAYOR, AND THAT'S TO TOM EVANS.
GOOD EVENING, MAYOR, COUNCIL STAFF.
UH, THE ISSUE BEFORE YOU IS FOR CAPITAL IMPROVEMENTS, SPENDING MONEY ON VARIOUS, UH, PROJECTS, UH, FROM TIME TO TIME, YOU KNOW, YOU GET THE AGENDA, YOU JUST LOOK AT IT AND SEE WHAT'S IN THERE.
AND I CAN'T HELP BUT HAVE A FEW COMMENTS.
SO I BELIEVE IT WAS THE NOVEMBER 4TH MEETING, WE HAD A CATASTROPHIC LOSS RESERVE, AND WE CHANGED THE NAME OF IT TO ASSET CONTINGENCY RESERVE.
AND NOW, NOT EVEN, NOT EVEN 30 DAYS LATER, WE WANT TO DIP INTO THAT RAINY DAY FUND AND TAKE $5 MILLION FOR THIS PROJECT.
A MONTH AGO, WE HAD A $35 MILLION SURPLUS.
WHY DIDN'T WE TAKE THIS PROJECT AND TAKE IT OUT OF THAT SURPLUS? NOW WE'RE DIGGING AROUND FOR MONEY.
UH, MY OTHER COMMENTS HAVE TO DO WITH THE ATTACHMENT THREE, PAGE 33.
THERE'S, UH, KIND OF A SUMMARY OF SOME OF THE COSTS THAT GOT, UH, 10% SURCHARGE TO COVER DESIGN.
WELL, THAT IS APPLIED TO EVERYTHING.
THERE'S A LOT OF EXPENSIVE THINGS IN THERE.
THERE'S PAINTING, THERE'S ASBESTOS REMOVAL, LEAD PAINT REMOVAL, REPLACING SHINGLES, DISPOSING OF HEART SCAN.
NONE OF THESE THINGS NEED DESIGN.
YOU JUST FOLLOW ESTABLISHED PRACTICES.
SO WHY ARE THEY IN THERE? IT'S PART OF THAT 10%.
UH, COUNCIL MEMBER, JOSIE ASKED ABOUT GENERAL REQUIREMENTS IN GENERAL CONDITIONS, ACTUALLY, I MEAN, MY UNDERSTANDING IS THAT THESE ARE FAIRLY SIMILAR, UH, UH, ASPECTS AND, UH, THERE'S, THEY'RE A PRETTY BIG PRICE TAG ON IT.
IF YOU LOOK AT THAT, UH, THAT SUMMARY.
UH, SO WAS THERE ANY OVERLAP ON THAT? UH, I CONCERNED THAT THERE'S A POSSIBILITY FOR A DOUBLE CHARGE THERE, UH, THAT WE SHOULD BE AWARE OF.
AND ALSO, I MEAN, IT INCLUDES THINGS THAT ARE ALREADY LINE ITEMS. I MEAN, YOU'VE GOT ALREADY AS LINE ITEMS NOT INCLUDED IN THE, UH, IN THE GENERAL REQUIREMENTS.
YOU'VE GOT INSURANCE, BONDS, RENTALS, PERMITS, INSPECTIONS.
ALL OF THESE THINGS ARE LINE ITEMS THAT ARE ALREADY COVERED.
SHOULD THEY BE, AGAIN, COVERED IN, YOU KNOW, GENERAL REQUIREMENTS.
UM, THEN THERE'S THE CLOCK TOWER, I GUESS.
UH, I DIDN'T KNOW WHAT THE, WHAT WAS WRONG WITH THE CLOCK.
I STILL DON'T KNOW EXACTLY WHAT'S GOING ON WITH THE CLOCK TOWER.
I MEAN, I SAW A PICTURE FOR THE FIRST TIME, SOME RUST IN THERE, UH, WATER PENETRATION.
IS THERE ANY OTHER WAY TO ADDRESS THIS ISSUE OTHER THAN REMOVING ALL THE CLADDING AND REPLACING IT? THAT'S AN EXPENSIVE, EXPENSIVE, UH, ADVENTURE THERE.
SO I, ALL I'M ASKING IS THAT YOU LOOK AT THIS AND, AND ASK SOME QUESTIONS ABOUT WHAT THESE DOLLARS ARE FOR.
I, I UNDERSTAND THE NEED FOR CAPITAL IMPROVEMENT, BUT PLEASE BE, UH, ATTENTIVE.
THAT'S COMING BACK FOR THE, FOR THE, UM, DELIBERATION HERE.
ANYTHING, ANYTHING HERE, COMMENTS, I'LL LET YOU GO.
UM, SO IT SOUNDS, IT SOUNDS LIKE A COMBINATION OF FACTORS HERE.
UM, POTENTIALLY POOR CONSTRUCTION, POOR MATERIAL, DEFECTIVE, UM, DEFECTIVE MATERIALS, KIND OF STARTING IT.
UM, YOU KNOW, WE, WE HAVE SUNK COST.
WE HAVE THESE CAPITAL PROJECTS, UH, THAT ARE REQUIRING THE UPDATES.
UH, I THINK MY, MY BIGGEST GRIPE IS THAT, YOU KNOW, WE IMPROVE, WE APPROVED THE CAPITAL IMPROVEMENT BUDGET, UH, 18 MONTHS AGO, UH, 15 MONTHS AGO.
AND COMING BACK TO SEE A HUNDRED PERCENT INCREASE JUST KIND OF RUBS
[03:00:01]
ME THE WRONG WAY.UH, I THINK WE NEED TO DO BETTER ABOUT THE INVENTORY, THE SURVEYING, THE FORECASTING, UM, ESPECIALLY AS OUR SURPLUS DECREASES.
UM, IN, IN TERMS OF THE TRANSPARENCY.
I'M, I'M SURE YOU KNOW THESE, THE, THE WHOLE INTENT OF THAT GUARANTEED MAXIMUM PRICE IS THAT YOU'VE BUILT, BUILT IN SOME LEEWAY, UM, IN AND HAVING, BUT ALL OF THOSE ARE GOING TO BE ACCOUNTED LINE BY LINE, ITEM BY ITEM.
AND, AND I'LL OBVIOUSLY THAT'LL BE ALL PUBLISHED.
UM, I'M COMFORTABLE WITH THAT.
I, I, I'M JUST CONCERNED, YOU KNOW, 15 MONTHS IN, WE'RE INCREASING AT A HUNDRED PERCENT WHAT'S GONNA HAPPEN IN ANOTHER 15 MONTHS AS WE START INVENTORYING SOME OF THESE AND, AND ASSESSING THE ACTUAL, ACTUAL, UM, STRUCTURAL INTEGRITY, THE, YOU KNOW, THE, THE, THE WEAR AND TEAR, THE STATUS OF THESE BUILDINGS.
UM, SO I, I THINK THOSE, THOSE ARE ALL MY COMMENTS.
YEAH, I, I AGREE WITH THE, UM, THE COMMENTS ABOUT THE SURPRISE.
UM, IT IS HARD TO KNOW UNTIL YOU REALLY LOOK CLOSELY.
UM, BUT THAT'S WHAT THE ENGINEER'S ESTIMATE IS FOR BEFORE WE DO A BID, A DESIGN BID BUILD IS, YOU KNOW, WE HAVE, WE KNOW, UH, BASICALLY WHAT THE ESTIMATE IS GOING TO BE.
UM, AND IT, I I, I UNDERSTAND THAT, YOU KNOW, OUR ORIGINAL CIP WAS NOT FOR THIS MANY FACILITIES.
IT WAS FOR, YOU KNOW, JUST THREE.
UM, BUT IT IS A LITTLE SHOCKING TO US WHEN WE SEE, WAIT A MINUTE, WE WEREN'T TALKING ABOUT REPAINTING THESE FACILITIES AT, AT THIS TIME.
UM, SO I, I DO THINK THAT WE NEED TO BE A LITTLE BIT BETTER ABOUT FORECASTING.
UM, AT THE SAME TIME, WE DO NEED TO TAKE CARE OF OUR FACILITIES.
WE JUST DO, UM, BECAUSE WE DON'T WANT TO, UM, GET INTO THE SITUATION WHERE, UM, YOU KNOW, WE SHUTTER OR BULLDOZE A FACILITY BECAUSE IT'S MORE EXPENSIVE TO MAINTAIN IT THAN IT IS TO, UM, JUST DESTROY IT.
UM, WE STILL, HOW MANY YEARS NOW GET, UM, QUITE A FEW COMPLAINTS ABOUT THE FACT THAT THERE IS NO POOL AT DOUBLE HIGH ANYMORE.
UM, BECAUSE IT WAS TOO EXPENSIVE TO UP UPDATE IT, TO FIX IT.
UM, AND THE CITY SAID, NO, THANK YOU.
UM, AND SO WE, WE NEED TO KEEP, WE NEED TO TAKE CARE OF OUR THINGS.
IF WE WANNA HAVE NICE THINGS, WE NEED TO TAKE CARE OF 'EM.
UM, BUT, BUT I DO AGREE THAT, UM, I'M LOOKING FORWARD TO THE, UH, ASSET INVENTORY COMING BACK TO US.
UM, KNOWING TRULY, WHAT DO WE HAVE THAT WON'T BE JUST LOOKING AT EXTERIOR.
I'M ASSUMING IT'LL BE LOOKING AT, UM, THE FULL LIFE CYCLE LIFE STRUCTURE OF THE BUILDINGS.
WHAT DO WE NEED ON THE INSIDE? WHAT DO WE NEED ON THE OUTSIDE THAT'LL GIVE US A MUCH BETTER PICTURE? UM, I, I REALLY CREDIT COLLEEN FOR, UM, PUSHING THE INTERNAL SERVICE FUND FOR AS MANY YEARS AS SHE HAD, SO THAT WE DO HAVE MONEY SET ASIDE TO START REPAIRING THESE THINGS AND THE FORESIGHT THAT WE NEED TO BE SAVING MONEY, UM, BECAUSE THINGS WILL DEGRADE OVER TIME.
UM, I AM PARTICULARLY DISAPPOINTED IN THE, UM, THE, UH, PRICE TAG OF THE WAVE AND THE, THE, THE FAULTY MATERIALS IN ADDITION TO FORECASTING BETTER.
UM, I, I, I'M, I'M CURIOUS AS TO HOW WE MITIGATE FOR THAT SORT OF THING AS WE, UM, AS WE WORK, FOR EXAMPLE, NEXT DOOR ON OUR, UM, ART CENTER.
HOW ARE WE, UM, HOW ARE WE M I'M NOT QUITE SURE HOW I WANNA SAY THIS, BUT WE, UM, WE ARE, AS A GENERAL LAW CITY, REQUIRED TO GO WITH THE LOWEST BIDDER ON, UM, CERTAIN PROJECTS.
AND HOW ARE WE MITIGATING AGAINST THOSE KINDS OF THINGS? IS THERE SOMETHING WE NEED TO BE DOING DIFFERENTLY WHEN WE, UM, WHEN WE DO FINAL INSPECTIONS AND THINGS LIKE THAT SO THAT WE ARE MAKING SURE THAT WE'RE NOT GETTING OURSELVES IN A POSITION WHERE 10 YEARS DOWN THE ROAD, FIVE YEARS DOWN THE ROAD, THINGS ARE NOT LIVING OUT THEIR EXPECTED LIFESPAN? UM, I'M NOT REALLY ASKING YOU TO ANSWER THAT QUESTION RIGHT NOW, BUT IT'S SOMETHING THAT WE REALLY NEED TO BE LOOKING AT GOING FORWARD, BECAUSE TO YOUR POINT, WE KNOW WE HAVE A PROJECTED DEFICIT.
WE KNOW WE ARE NOT GONNA BE, UM, IN THE POSITION WE'RE IN NOW, WHICH IS WHY WE KEEP SOCKING AWAY THE RESERVES TO BE ABLE TO FIX THESE THINGS.
UM, BUT, YOU KNOW, WHAT ARE WE LEARNING FROM WHAT WE'RE DOING NOW SO THAT WE AREN'T REPEATING IT GOING FORWARD? UM, I, I, I THINK I'M SUPPORTIVE OF WHAT WE'RE DOING.
I THINK THAT THERE'S A LOT OF TRANSPARENCY, UM, BUILT INTO THIS PROCESS.
UM, I'M HOPING THAT THIS MAXIMUM DOESN'T BECOME WHAT WE ACTUALLY SPEND, THAT IT IS TRULY A MAXIMUM, AND THAT SOME OF THESE CONTINGENCIES AND ALLOWANCES DON'T ACTUALLY END UP, UM, BEING SPENT FULLY SO THAT WE GET SOME GOOD NEWS COMING BACK TO US.
UM, I LIKE THE FACT THAT IT WILL BE DONE WITH ECONOMIES OF SCALE, AND THAT IT'LL ALL GET DONE AT THE SAME TIME, AND THAT IT'LL BE DONE RELATIVELY QUICKLY INSTEAD OF SPREAD OUT OVER TIME.
SO, UM, I, I THINK IT'S A BITTER PILL THAT WE PROBABLY NEED TO GO FORWARD WITH TONIGHT.
SO, I, I, I WON'T, UH, BELABOR THE, UH,
[03:05:01]
THE COMMENTARY AROUND THE PRICE TAG.AND THERE, THERE IS CERTAINLY A, A SHOCK TO, TO IT.
UM, BUT I WILL SAY MICHAEL AND AND STAFF THAT, UH, THIS PROBABLY WOULD'VE BEEN A GOOD CANDIDATE, UH, TO SEND UP TO THE FINANCE AND INVESTMENT COMMITTEE FOR REVIEW, TO TAKE A LOOK AT, UH, THAT WAY THE SHOCK FACTOR MAY NOT HAVE BEEN SO BIG
UM, JUST A RECOMMENDATION THAT MAYBE IN THE FUTURE CONSIDER RUNNING IT BY THE FOLKS WHO ARE ON FIC BECAUSE THEY DO HAVE A FINANCE BACKGROUND AND CAN TAKE A LOOK AT THESE THINGS.
UM, NOT QUESTIONS, MORE COMMENTS, MORE COMMENT.
UM, YOU KNOW, I AM NOT GONNA REPEAT ALL THESE GREAT COMMENTS THAT, THAT, UH, MY COLLEAGUES HERE HAVE, UH, BROUGHT UP BECAUSE I'M IN ALIGNMENT WITH THAT.
I THINK THAT THE MOST IMPORTANT, WE, WE TALK ABOUT WHAT DID WE LEARN, UH, WELL, LEARNING IS ONE THING AND EXECUTING IS ANOTHER.
AND I, I THINK YOU'VE OUTLINED SOMETHING, UM, BUT I'D LIKE TO SEE REAL ONGOING EXECUTION, RIGHT? REALLY GETTING IN THERE AND DOING SOME, SOME, UH, THOROUGH ASSET MANAGEMENT.
YOU'RE SAYING, LOOK, WE DON'T REALLY KNOW WHAT WE HAVE, BUT WE'RE LEARNING ABOUT THAT AND, AND WE'RE DISCOVERING, AND IT'S A COMPLICATED PROCESS.
UM, BUT WHAT I WANNA JUST GET AT TODAY, IT'S ALL ABOUT EXECUTION.
UM, AND I THINK YOU'RE DOING A GREAT JOB.
I MEAN, THIS IS, IT IS WHAT IT IS.
UM, AND THERE HOPEFULLY THERE IS A WAY TO MITIGATE SOME OF THIS COSTS, AND WE HAVEN'T REALLY TALKED ABOUT THAT, UH, IN GENERAL, UH, IF THERE WAS AN SOMETHING THAT COULD POSSIBLY LOWER THAT THIS IS JUST AN ESTIMATE AT THIS TIME AND YOU'RE WORKING WITH THIS GROUP AND THAT THAT'S ALL THAT IS, RIGHT? UM, BUT ALL I WANNA LEAVE IT WITH IS IT'S MORE ABOUT THE DILIGENCE OF THE ASSET MANAGEMENT.
UH, IT'S NOT ABOUT, LOOK, WE GOTTA DEAL WITH THIS, RIGHT? AS, AS OTHERS HAVE SAID, YEAH, SWALLOW IT.
LET'S GO ON, LET'S MOVE ON, SEE IF WE CAN MITIGATE THIS, BUT DO SOME REALLY EFFECTIVE ASSET MANAGEMENT.
AND THAT'S ALL I'M ASKING, RIGHT? VERY METHODICAL, UM, UH, MANAGEMENT.
UM, THANK YOU FOR YOUR COMPREHENSIVE WORK.
AND I KNOW, UM, THIS IS A COST AS WE JUST, UH, MENTIONED ABOUT, AND I ALSO SEE A LOT MORE, UM, LIKE, UH, MORE INCREASED, UH, WORK SCOPE COMPARED TO OUR BUDGETING.
AND ALSO I LIKE THE, UM, LIKE APPROACH.
YOU SAID, WE STARTED TO, TO DOING MORE MAINTENANCE, FOCUS MORE ON THIS.
AND I'M LOOKING FORWARD TO SEE A COMPREHENSIVE LIFECYCLE MAINTENANCE AND HOW THIS CAN, UH, WORK WITH OUR BUDGET, OUR RESERVES.
AND I, I JUST THROW SOMETHING OUT THERE LIKE, UH, SO FOR EXAMPLE, I DON'T THINK THAT WILL HAPPEN.
SO FOR EXAMPLE, IF OUR RESERVES OUR, UM, BUDGET CANNOT AFFORD THE LIFECYCLE MAINTENANCE COST WE PROJECTED THERE, WE MIGHT NEED TO MAKE DECISIONS, FOR EXAMPLE, LIKE, HEY, DO WE REALLY NEED THIS? UH, UM, LIKE A COVE HOUSE FOR EXAMPLE.
I, I DON'T WANT TO PICK SOMETHING LIKE, IF WE CANNOT AFFORD SOMETHING LIKE A TOWER, MAYBE WE DON'T FIX, WE JUST LIKE THE, THE POOL IN THE, IN THE HIGH SCHOOL, WE, WE JUST, UH, LIKE, YOU KNOW, MAKE A DECISION ON THIS.
UM, BUT IF WE SAY, HEY, WE CAN MAINTAIN EVERYTHING VERY WELL WITH THE BUDGET AND WITH THE CONTINGENCY, AND WE HAVE A PEACE OF MIND.
SO WE, WE LOOK FORWARD A LONG TERM STRATEGIES ON THE ASSET MANAGEMENT, UM, FOR THE FUTURE.
BUT WITH THIS, I FEEL COMFORTABLE AND I'M HAPPY TO LOOK FOR A MOTION HERE.
YEAH, HAPPY TO MAKE A MOTION TO ADOPT THE RESOLUTION, APPROVE AN AGREEMENT WITH PLANT CONSTRUCTION COMPANY FOR PROGRESSIVE DESIGN BUILD SERVICES FOR THE EXTERIOR EXTERIOR IMPROVEMENT PROJECT, CIP NUMBERS.
UH, G, IS THAT G ONE OR GI? GI, GI, 0 1, 2, 5.
AND APPROVE THE BUDGET CHANGE.
THE MOTION PASSES UNANIMOUSLY.
[8.3 Selection of Vice Mayor ]
AT 8.3, SELECTION OF VICE MAYOR.SO I'LL JUST START TALKING, RIGHT? SELECTION OF VICE MAYOR.
UM, SO IN THE PAST TERMS, OUR COUNCIL MEMBER HAS DECIDED TO FOLLOW OFFER AND THE CONSISTENT ROTATION.
SO EACH COUNCIL MEMBER HAS OPPORTUNITY TO, TO SERVE AS THE VICE MAYOR ROLE.
SO EVERY MEMBER IN THIS COUNCIL, IN THIS COUNCIL HAS ALREADY HAD THAT OPPORTUNITY, EXCEPT THE COUNCIL MEMBER JOHN MARADA, AND THE VICE VICE
[03:10:01]
MAYOR POSITION IS NOT A LEADERSHIP POSITION, IT'S A CEREMONIAL ROLE.SO JOHN HAS CONTINUOUSLY DEMONSTRATED HIS STRONG WORK ETHICS AND VALUABLE PROFESSIONAL EX EXPERTISE AND HIS PASSION TO SERVE THE COMMUNITY.
SO IN THE SPIRIT OF FAIRNESS, CONTINUITY AND RESPECT FOR OUR AGREED ROTATION RULE FOR THE VICE MAYOR, I FULLY SUPPORT AND I WANT TO NOMINATE COUNCIL MEMBER JOHN MARADA, SERVING AS OUR NEXT VICE MAYOR.
SO THERE'S A NOMINATION AND, UH, AS I UNDERSTAND IT, JOHN WILL CORRECT ME IF I'M WRONG.
YOU NEED TO VOTE ON THAT NOMINATION.
I BELIEVE WE HAVE PUBLIC COMMENT.
WE HAVE SOME SPEAKERS ON THIS ITEM.
AND DO WE HAVE DISCUSSION BEFORE WE VOTE.
HAVE A PUBLIC COMMENT FIRST, RIGHT? YES, I UNDERSTAND.
I'M JUST ASKING PROCEDURALIZED, DO WE HAVE A DISCUSSION BEFORE WE VOTE? YEAH, YOU COULD CERTAINLY HAVE A DISCUSSION BEFORE YOU VOTE, BUT THE MO THAT'S THE MOTION ON THE FLOOR.
UM, SO WE HAVE A COMMENT FIRST, RIGHT? COMMENT FIRST, PLEASE.
UM, SO WE HAVE EIGHT SPEAKERS.
WE HAVE THREE HERE IN THE CHAMBER AND FIVE ON ZOOM.
SO OUR FIERCE SPEAKER HERE IN THE CHAMBER IS TOM EVANS.
SO, WANTED TO TAKE A, JUST A COUPLE MINUTES TO TALK ABOUT, UH, SELECTION OF VICE MAYOR.
UH, IT'S A POSITION OF AUTHORITY, REPRESENTATION, AND RESPONSIBILITY.
IT IS BOTH A PRIVILEGE AND A BURDEN TO BE ON THE COUNCIL.
I'VE SPOKEN HERE MANY TIMES, SOMETIMES IN OPPOSITION.
HOWEVER, I DO RESPECT, AND I APPRECIATE EVERY ONE OF YOU BEING HERE DONATING YOUR TIME AND YOUR WORK TIME AWAY FROM YOUR DAILY LIFE, YOUR FAMILIES AND YOUR JOBS.
DUBLIN RECENTLY CHANGED ITS COUNCIL MAKE UP FROM CITYWIDE AT LARGE COUNCIL MEMBERS TO COUNCIL MEMBERS FROM INDIVIDUAL DISTRICTS.
IN SUPPORT OF THIS CHANGE, I THINK THAT THE VICE MAYOR SHOULD BE FROM ONE OF THESE NEW DISTRICTS, BOTH COUNCIL MEMBERS, MCCARTON AND MARADA WOULD BE FINE CHOICES FOR, FOR VICE MAYOR MIKE MCCORT.
MIKE MCCARSTEN RECENTLY SERVED VERY WELL AS OUR MAYOR AND DOES A GOOD JOB REPRESENTING US ON SEVERAL IMPORTANT COMMITTEES.
JOHN MARADA IS A FRESH FACE WITH SOME COMMON SENSE VIEWS ON CITY TOPICS.
JOHN, HE ALSO DID, HE DIDN'T HESITATE AT ALL TO POST, UH, OFFICE HOURS SO THAT RESIDENTS COULD TALK TO HIM ABOUT THINGS THAT THEY'RE CONCERNED ABOUT.
UH, HE ALSO, UH, RECENTLY TALKED ABOUT, UM, FAMILIES THAT ARE STRUGGLING IN, IN OUR CURRENT ECONOMY.
AND I THOUGHT THAT WAS JUST A, A NICE OBSERVATION TO BRING.
SO I WOULD LIKE TO SEE JOHN ROHA HAVE AN OPPORTUNITY TO SERVE OUR VICE MAYOR.
THE NEXT SPEAKER IS JANINE GILLINGER BE, I DON'T WANT TO FACE MY WORK.
THANK YOU FOR THIS OPPORTUNITY TO ADDRESS THE POSITION OF VICE MAYOR AND THE PROCESS BY WHICH THE VICE MAYOR IS CHOSEN.
IT IS MY UNDERSTANDING THAT THE POSITION OF VICE MAYOR ROTATES AMONGST THE MEMBERS OF THE CITY COUNCIL SO THAT EACH CITY COUNCIL MEMBER HAS AN OPPORTUNITY TO SERVE IN THAT POSITION.
THE, THERE ARE A COUPLE POINTS I'D LIKE TO MAKE, BOTH ABOUT THE TRADITION, WHICH I SUPPORT COMPLETELY BECAUSE IT ALLOWS EACH MEMBER OF THE CITY COUNCIL TO ACQUIRE THAT EXPERIENCE OF SERVING AS VICE MAYOR.
AND THE AFFIRMATION OF THIS ROTATION IS A REAL STEPPING STONE FOR US AS A COMMUNITY TO MOVE FROM AN AT LARGE REPRESENTATION TO DISTRICT REPRESENTATION.
COUNCIL MEMBER MARADA WILL BE THE FIRST COUNCIL MEMBER ELECTED TO REPRESENT DISTRICT THREE AND BRINGING THE OFFICE OF VICE MAYOR INTO THE NEW ERA OF DISTRICT ELECTIONS.
LIKE I'VE JUST, LIKE, I'M ON THE CELL PHONE, WHICH IS LIKE TOUGH TO READ.
THIS HONOR IS SIGNIFICANT TO ALL OF THE INDIVIDUAL VOTERS OF DISTRICT THREE WHO WERE ABLE TO CHOOSE FOR THE FIRST TIME A COUNCIL MEMBER, A PERSON WHO UNDERSTANDS THEIR CONCERNS, THEIR UNIQUE PERSPECTIVES ABOUT THEIR NEIGHBORHOODS, BECAUSE THEY ALL SHARE THE SAME HOME.
LET THIS TRADITION THRIVE UNDER THE MOVE TO DISTRICT ELECTIONS SO THAT ALL THE RESIDENTS KNOW THAT THEY SHARE EQUALLY IN SIGNIFICANCE IN
[03:15:01]
THE CITY OF DUBLIN.THE NEXT SPEAKER IS MELISSA OCCI.
CAN WE ASK THEM TO COME AND SPEAK OVER? IF YOU COULD, WE'RE HAVING AN ISSUE WITH THE CAMERA.
IF YOU COULD COME AND SPEAK AT THIS PODIUM, PLEASE INSTEAD OF THAT MIDDLE ONE.
UM, HONORABLE MAYOR, UM, ESTEEMED COUNCIL MEMBERS AND DEDICATED CITY STAFF.
UM, MY NAME IS MELISSA OCCI AND I'M HONORED TO BE A 15 YEAR RESIDENT OF THE CITY OF DUBLIN.
UM, I JUST, UH, TO LET YOU KNOW A LITTLE BIT ABOUT ME.
I'VE GOT THREE CHILDREN WHO'VE GONE THROUGH, UH, DUBLIN SCHOOLS, UH, TWO OF WHICH HAVE GRADUATED AND ARE NOW IN COLLEGE IN SOUTHERN CALIFORNIA.
AND I HAVE ONE DAUGHTER, UM, WHO'S A STUDENT STILL AT DUBLIN HIGH.
UM, IT'S MY HONOR, UH, TO ENDORSE JOHN MARTA, UM, WHO I CALL A FRIEND, AND ALSO, UM, SOMEONE THAT I LOOK UP TO.
AND I'LL SPEAK A LITTLE BIT A, UH, AS TO WHY, AND I THINK IT'LL GIVE YOU A LITTLE BIT MORE INSIGHT AS TO WHY JOHN, UM, WOULD BE A PERFECT CANDIDATE.
UM, I KNOW JOHN AS A DUBLIN UNITED SOCCER COACH.
UM, HE, UH, COACHED MY DAUGHTER, UM, SINCE SHE WAS ABOUT THAT HIGH.
UM, SHE WAS THE ONE AT THE TIME, UM, AT, UH, WHO WOULD BE PLAYING ON THE FIELD AND SHE WOULD STOP AND PICK DAISIES.
NOW, UM, SHE'S, UM, ON THE DHS VARSITY, UM, SOCCER TEAM.
THEY PLAYED TONIGHT AGAINST EHS.
UM, I DO NOT KNOW THE OUTCOME, BUT I'LL FIND OUT SOON, I THINK.
UM, I ALSO KNOW JOHN, UM, AS, UH, THE FIELD DIRECTOR FOR, FOR A TIME, UM, AT DUBLIN UNITED.
AND HE WAS THE GUY THAT GOING AROUND, UM, TRYING TO HELP FIX THE FIELDS, RIGHT? UM, I DON'T KNOW IF YOU USED A GOLF CART, BUT I COULD TOTALLY SEE HIM KIND OF TOOLING AROUND ON A GOLF CART, SEEING THAT EVERYTHING WAS READY FOR, UM, DUBLIN UNITED'S TOURNAMENTS.
I ALSO KNEW JOHN, UM, UH, AS THE VP OF THE D-H-S-P-F-S-O, UM, HE WORKED ON HELPING, UM, WITH THE ORGANIZATION OF THE FIREWORKS BOOTH TO RAISE MONEY FOR DHS.
UM, SO 1 3, 1 THING I FIND TRUE ABOUT JOHN MARTA, UM, IS THAT HE, AT MANY TIMES IN, IN MY ENCOUNTERS WITH HIM, AND THIS HAS BEEN MANY YEARS NOW, HE WAS ALWAYS THE GUY WHO WOULD ALWAYS SAY, UH, HOWEVER I CAN HELP.
SO NOW AS A CITY COUNCIL MEMBER, UM, I, UH, NOTE THAT, UM, THERE WAS A RECENT CITY COUNCIL MEETING, UM, I, UH, ON NOVEMBER 4TH WHERE ONE AGENDA ITEM, UM, TALKED ABOUT THE GENERAL FUND RESERVES.
UM, AT THAT MEETING, UH, JOHN ASKED TO PAUSE ON THE ALLOCATION OF THE 35 MILLION, RIGHT? UM, IN SURPLUS.
AND KEEP IN MIND THAT THIS IS DURING THE GOVERNMENT SHUTDOWN, RIGHT? JOHN EXPRESSED A CONCERN REGARDING THE GENERAL ECONOMICS EXPERIENCED BY CONS CONSTITUENTS TODAY.
UM, HE SAID SOMETHING LIKE, WHAT CAN WE DO, UH, BETTER FOR OUR CITIZENS? OKAY, UM, WHAT CAN WE GIVE TO, UH, THEM IN FACE OF MANY INSECURITIES, BE IT, UM, HOUSING, BE IT FOOD, UH, BE IT MEDICINE, BE IT INSURANCE.
AND HIS QUESTION, UH, THAT HE POSED WAS, UM, WHAT HAVE WE BROUGHT? YOUR TIME IS UP.
OH, BUT THANK YOU SO MUCH, MELISSA.
THE NEXT SPEAKER IS ON ZOOM, AND IT'S BEVERLY SALCEDO.
CAN YOU ALL HEAR ME? YES, WE CAN HEAR YOU.
I'M A DISTRICT FOUR RESIDENT, AND I'VE LIVED IN DUBLIN FOR NINE YEARS NOW.
I'M HERE TO SUPPORT COUNCIL MEMBER JOHN MARTA'S, NOMINATION FOR VICE MAYOR IN 2026.
I FIRST MET JOHN AT ONE OF THE NATIONAL NIGHT OUT EVENTS WHEN HE VISITED OUR NEIGHBORHOOD.
WHAT REALLY STOOD OUT IMMEDIATELY WAS HOW NATURALLY HE CONNECTED AND HIS FAMILY TO OUR COMMUNITY.
JOHN ENGAGES WITH MANY OF THE SAME YOUTH, SPORTS AND ENRICHMENT PROGRAMS THAT MANY OF OUR FAMILIES RELY ON BECAUSE THESE PROGRAMS BRING PEOPLE TOGETHER.
THEY BUILD CONFIDENCE IN OUR KIDS, AND THEY STRENGTHEN RELATIONSHIPS ACROSS NEIGHBORHOODS, WHETHER IT WAS YOUTH ATHLETICS, LOCAL CLUBS, OR COMMUNITY ACTIVITIES.
JOHN DIDN'T SHOW UP, HE CONTRIBUTED, HE VOLUNTEERED, HE
[03:20:01]
SUPPORTED THE KIDS AND CONSISTENTLY INVESTED HIS TIME IN THE SPACES THAT HELP SHAPE DUBLIN'S FAMILIES.THESE PROGRAMS AREN'T JUST EXTRACURRICULAR.
THEY'RE PART OF HOW HE SHOWS UP FOR THE PEOPLE HE SERVES.
WHAT HAS ALWAYS IMPRESSED ME IS THAT DESPITE THE DEMANDS OF AN EXECUTIVE CAREER AND HIS COUNCIL RESPONSIBILITIES, HE STILL PRIORITIZES HIS FAMILY, HIS NEIGHBORS, AND THIS CITY, THAT SAME STEADY BALANCE AND GROUNDED APPROACH ARE EXACTLY WHAT HE BRINGS TO HIS WORK ON THE COUNCIL.
AS DUBLIN CONTINUES TO GROW, THE ROLE OF VICE MAYOR BENEFITS FROM SOMEONE WHO IS COMMUNITY CENTERED, DEEPLY ENGAGED AND READY TO BRING A FRESH COLLABORATIVE OUTLOOK, JOHN OFFERS THAT BLEND OF EXPERIENCE, HUMILITY, AND ENERGY THAT WILL SERVE OUR CITY.
WELL, THANK YOU FOR YOUR TIME AND FOR CONSIDERING MY SUPPORT FOR COUNCIL MEMBER JOHN MARADA.
THE NEXT SPEAKER IS HEIDI FIELDING.
HELLO, CAN YOU HEAR ME? YES, WE CAN HEAR YOU.
MY NAME IS HEIDI FIELDING, AND I HAVE BEEN A RESIDENT OF DUBLIN FOR 11 YEARS.
I SUPPORT THE NOMINATION OF COUNCIL MEMBER JOHN MARADA AS VICE MAYOR IN 2026.
WE ARE LUCKY TO HAVE JOHN RUNNING FOR VICE MAYOR.
JOHN AND I HAVE BEEN NEIGHBORS FOR ABOUT 10 YEARS, DURING WHICH I HAD A FRONT ROW SEAT TO WATCH JOHN IN A LEADERSHIP ROLE WHEN WE WERE BOTH DIRECTORS ON OUR HOA.
HE WAS EAGER TO LEARN ALL THE FACTS, HEAR ALL THE OPINIONS, AND THEN MAKE DECISIONS IN A FAIR AND COMPASSIONATE WAY.
I AM SURE HE HAS BROUGHT THE SAME LEVEL OF INTEGRITY AND ETHICS TO HIS CURRENT ROLE ON THE CITY COUNCIL.
A PROMOTION TO VICE MAYOR IS WELL-DESERVED.
THANK YOU, JOHN, FOR YOUR CONTINUED S SERVICE TO OUR CITY, AND I AM SO GLAD YOU WILL PURSUE THE VICE MAYOR POSITION.
MAYOR, THE NEXT SPEAKER IS BRIAN DING.
HELLO, CAN YOU HEAR ME? YES, WE CAN HEAR YOU.
SO BEFORE I SPEAK FOR THE JOHN NOMINATION, I WOULD SAY THANK YOU ALL THE, THE MAYOR AND ALL THE DADDY COUNCIL MEMBERS.
I KNOW YOU ARE ALL SPENDING YOUR FAMILY TIME AND, UH, TO HELP WITH THE CITY.
I HAD BEEN LIVING IN DUBLIN FOR 11 YEARS.
UH, I WOULD LIKE TO JIANG AS A POSITION OF FOR VICE OF MALES IN 2026.
I MET JUNG IN 2019 WHEN WE, WHEN I JOINED THE HOA AS THE BOARD OF DIRECTOR, WHERE JANG WAS THE PRESIDENT AND CHAIR OF LANDSCAPE COMMUNITY.
UM, DURING OUR TIME WORKING TOGETHER, I WITNESSED JOHN'S EXCEPTIONAL LEADERSHIP AND COMMITMENT TO THE COMMUNITY.
HE DEMONSTRATED MATERIAL ATTENTION TO DETAILS IN EVERY DOCUMENT, REVIEWING AS JUST WHAT HE DID SHOWED TONIGHT.
AND HE, UM, HE, HE HAS, WHILE HE PUT A LOT OF DETAIL TO THE, TO THE DETAILS, UM, HE MAINTAIN A VERY CLEAR VISION TO THE BROAD SCOPE, UH, GOALS.
SO WHEN WE DISCUSSING BUDGET, JAN KNOWS WHERE WE SHOULD, WE, WE SHOULD, UH, UM, SAVE BUDGET, AND WHERE SHOULD WE SPEND MONEY.
AND IN THE MOMENT WHEN WE, WHEN THE BOARD HELD DIFFERENT OPINIONS, JIAN WAS THE ONE WHO GUIDE US TOWARDS CONSENTS OR WAS PRIORITIZING THE BEST INTEREST OF THE COMMUNITY, HIS COMPETENCE, DEEP KNOWLEDGE, AND IMPROVED SKILLS COMBINED WITH HIS INTEGRITY.
THIS IS IMPORTANT FOR THIS POSITION AND ACTUALLY THIS FOR ALL OF US SITTING IN THE CHAMBER, INTEGRITY AND DEDICATION MADE HIM UNIQUE, QUALIFIED TO SERVE AS THE PEOPLE OF DUBLIN.
I STRONGLY BELIEVE JOHN WILL LEAD THIS, THE FAIRNESS, TRANSPARENCY, AND THE GENIUS PASSION TO OUR CITY'S FUTURE.
THE NEXT SPEAKER IS RAG KATANI.
I AM FROM OPEN GOVERNANCE INITIATIVE AND, UH, WE ARE, UH, PUBLISHING NEWS ABOUT, UH, DUBLIN AS WELL, RIGHT? RIGHT NOW WE STARTED FROM SANDMAN.
AND, UH, IN THE PREVIOUS, UH, MEETING, WE SENT OUT A EMAIL FOR ALL THE COUNCIL MEMBER AND THE MAYOR ABOUT THE BIKE ISSUE.
THE ONLY PERSON, ONLY COUNCIL MEMBER WHO RESPONDED TO OUR QUERY WAS JOHN MARTA.
[03:25:01]
AT LEAST RESPONDING TO THE COMMUNITY CONCERNS.I HAVE, UH, BEEN THROUGH MULTIPLE THOUGHTS ABOUT THIS, AND THAT'S WHY I WOULD RECOMMEND JOHN AS ONE VICE MAYOR.
AND, UH, I WOULD ALSO APPRECIATE IF THE CITY COUNCIL WOULD RESPOND TO OUR QUERIES WHEN WE START, UH, TAKING UP COMMUNITY CONCERN AND ADDRESS THEM.
AND MAYOR, THE LAST SPEAKER IS ARJUN MAHAJAN.
ARE YOU GUYS ABLE TO HEAR ME? YES, WE CAN HEAR YOU.
I'M A 16-YEAR-OLD SOPHOMORE AT EMERALD HIGH SCHOOL, AND I WOULD LIKE TO SUPPORT JOHN MARADA FOR VICE MAYOR.
I'VE SEEN HIM STAND UP AGAINST UNSAFE E-BIKE POLICIES, WHICH ACTUALLY AFFECTED ONE OF MY FRIENDS IN EMERALD HIGH SCHOOL WITH A HEAD INJURY.
AND JOHN IS REALLY SOMEONE WHO'S PASSIONATE ABOUT SERVING THE COMMUNITY.
AND SO I WOULD LIKE TO WHOLEHEARTEDLY SUPPORT JOHN FOR VICE MAYOR.
THANKS FOR ALL THE PUBLIC COMMENTS.
UM, SO WE'LL COME BACK TO THE COUNCIL HERE.
YOU WANT TO MAKE COMMENT? UH, UH, IT'S HARD TO FOLLOW
UH, THIS ROLE, ALTHOUGH NOT NECESSARILY, UH, A LEADERSHIP ROLE, UH, WE DO EXHIBIT THE LEADERSHIP NECESSARY TO BE THE STANDUP, UH, UH, LET'S CALL MODEL FOR, FOR OUR CITY.
UM, I WILL CONTINUE TO EXHIBIT THAT EACH AND EVERY DAY.
UH, I UNDERSTAND THOUGH THAT THIS ROLE AS A, UM, AS ONE IN WHICH THE, IF THE MAYOR'S UNAVAILABLE THIS, THIS ROLE WILL STEP IN.
UM, I WILL 100% DO MY BEST TO STEP INTO THAT ROLE, UH, WHEN, WHEN NECESSARY.
UM, TIME BEING WHAT IT IS AS A FATHER, AS A HUSBAND, AS A PROFESSIONAL, AS AN INVESTOR, I HAVE MULTIPLE ROLES.
BUT IN ALL THOSE CASES, UH, WHERE IT IS IMPORTANT, I WILL, YOU KNOW, I WILL FOLLOW THE MAYOR'S LEAD AND BE PRESENT AS A, AS AVAILABLE.
UM, I THINK INDICATIVE OF THAT THIS EVENING IS THE FACT THAT IT IS MY WIFE'S BIRTHDAY THIS EVENING,
I WILL LEAVE IT AT THAT BECAUSE I THINK NOW YOU UNDERSTAND THE PRIORITIES THAT WE HOLD.
YOU WANT TO MAKE COMMENT? GO AHEAD.
UM, SO FIRST OF ALL, APPRECIATE, UH, THE OPPORTUNITY TO HAVE SERVED AS VICE MAYOR FOR THE PAST 12 MONTHS OR SO.
UM, IT'S, IT'S BEEN AN HONOR AND PRIVILEGE.
UM, SO, SO THANK YOU FOR THE, FOR, FOR, UH, ENTRUSTING ME WITH THAT RESPONSIBILITY FOR, FOR THE PAST YEAR.
UM, I, I APPRECIATE THE FIVE FOLKS THAT SPOKE ON ZOOM, THE THREE THAT CAME IN PERSON.
UH, I THINK, YOU KNOW, YOU'RE, YOU'RE HIGHLY QUALIFIED, UH, YOUR LEADERSHIP SKILLS, YOUR BACKGROUND, YOUR EXPERTISE.
UM, I THINK ALL OF US, UH, ARE QUALIFIED IN AND HAVE DIFFERENT EXPERIENCES, UH, WHICH IS WHY WE'RE ON THIS DAIS, YOU KNOW, THE COMMUNITY, TRUST US, YOU'VE GARNERED THE RESPECT CERTAINLY OF THE COMMUNITY, THE STAFF, YOUR COLLEAGUES, UM, JUST LIKE THE REST OF US, RIGHT? AND, AND SO, UM, YOU KNOW, I, I APPRECIATE, UH, THE FOLKS CHIMING IN.
I, I ALSO, I I WAS LOOKING INTO IT AND REALIZED THAT, UM, COUNCIL MEMBER JOSIE HAS BEEN ON THE DAIS FOR SEVEN YEARS.
IF I UNDERSTAND CORRECTLY, YOU'VE ONLY BEEN VICE MAYOR ONCE.
UM, I'D, I, I WOULD, UH, I WOULD ACTUALLY SUPPORT COUNCIL MEMBER JOSIE BEING THE VICE MAYOR.
UH, AS SHE'S BEING TERMED OUT.
I THINK YOU'VE GOT AT LEAST SEVEN YEARS OR POTENTIALLY SEVEN YEARS AHEAD OF YOU.
UH, I, I THINK THE, THE ROTATION IS, IS A GREAT ONE.
I'M NOT SURE I WOULD BE SUPPORTIVE OF YOU JUMPING INTO THE ROLE, UM, WHEN YOU'RE INTO IT.
UM, I THINK JOHN HAS CHARISMA.
UM, AND IT'S OBVIOUS FROM, FROM THESE FOLKS HERE WHO, WHO HAVE MADE THOSE COMMENTS AND THE FOLKS ON ZOOM.
UH, BUT I, I DO WANNA MAKE A A POINT.
IT'S NOT WHAT DISTRICT HE'S FROM.
IT'S WHETHER OR NOT YOU REALLY DO HAVE THE EXPERIENCE.
WE'VE HEARD A LOT OF GOOD WORDS ABOUT YOU.
[03:30:01]
MEANS YOU'RE PLUGGED IN AND YOU CARE AND YOU'RE, YOU'RE PASSIONATE ABOUT THE CITY.UM, BUT THERE'S A LOT TO LEARN.
AND I DON'T FEEL COMFORTABLE AS, AS THE VICE CURRENT VICE MAYOR HAS SAID, UH, WITH, UH, YOU'RE NOT PUTTING IN YOUR TIME.
JUST BECAUSE YOU'RE FROM A NEW DISTRICT AND YOU'VE GOT POTENTIAL DOES NOT MEAN NOW'S THE TIME.
THERE WILL BE A TIME EVERY ONE OF US HAVE PUT IN OUR TIME.
WE PUT TWO TO THREE YEARS IN BEFORE WE COULD CALL OR, OR SUPPORT THE MAYOR.
OKAY? AND THAT'S REALLY, REALLY IMPORTANT TO ME.
OKAY? UM, I WANT SOMEBODY IN THERE THAT WILL BE THERE ALL THE TIME AND IS DEDICATED.
AND, UM, I'D LIKE TO SEE MORE OF THAT FROM YOU.
I LIKE YOUR, I LIKE YOUR CREATIVITY, BUT I WANT MORE COMMITMENT FROM YOU, UH, MORE FOLLOW THROUGH.
UM, AND I LIKE THAT TIME TO SEE THAT FROM YOU.
SO, I MEAN, WE CAN HAVE THESE CONVERSATIONS OFFLINE, AND, AND YOU AND I HAVE TALKED ABOUT SOME THINGS IN THE PAST, UM, AND I'VE GIVEN YOU SOME RECOMMENDATIONS.
UH, SO IN MY OPINION, I WOULD RATHER HAVE SOMEBODY WHO REALLY DOES GIVE THAT LEVEL OF EXPERIENCE TO THE DAIS.
UM, THE, UM, COUNCIL MEMBER, JOSIE HASN'T, HAS ONLY BEEN VICE MAYOR ONCE IN SEVEN YEARS, BUT SHE HAS BEEN VICE MAYOR.
AND YOU HAVEN'T, BUT THAT DOESN'T MEAN NOW IS THE TIME.
COULD BE THE NEXT TIME, COULD BE THE NEXT TIME AFTER THAT.
BUT I WANNA POINT OUT THAT, UM, I THINK YOU BRING, UM, CERTAIN QUALITIES TO THE DAIS THAT ARE, ARE DIFFERENT AND, AND GOOD.
AND I WOULD LIKE TO SEE, AS I'VE TOLD YOU, I'D LIKE TO, YOU'VE TO BE THERE AND NOT DISCOUNT YOURSELF AS BEING THE NEWBIE.
YOU DO BRING VALUE TO THIS DAIS, AND I'D LIKE YOU TO BE COMMITTED TO THE LONG TERM ABOUT UNDERSTANDING MORE ABOUT YOUR ENVIRONMENT.
SO I CAN'T SUPPORT YOU TONIGHT.
I MIGHT SUPPORT YOU ANOTHER TIME.
UM, BUT I, I'D LIKE TO SEE THAT PROGRESS FROM YOU.
SO I WANT TO SAY SOMETHING HERE.
SO WE HAD THIS DISCUSSION IN THE PAST SEVERAL YEARS.
WE TALK ABOUT ROTATION, GIVE EVERYBODY OPPORTUNITY.
SO SINCE I BECAME A COUNCIL MEMBER, FIRST YEAR, 2021 WAS, UM, COUNCIL MEMBER, KU GUY AS VICE MAYOR, AND SECOND YEAR WAS THE COUNCIL MEMBER, JOSE AS VICE MAYOR.
AND THEN 2023 IS A COUNCIL MEMBER, KOSTEN.
AND 2025 IS THE VICE MAYOR, UM, RY HERE.
SO SINCE I BECAME A COUNCIL MEMBER ON THIS BIAS, IT'S A COUNCIL MEMBER.
AND AS WE TALK ABOUT VICE MAYOR, WE TAKE ROTATIONS.
THAT'S THE RULES WE HAVE BEEN DOING, ADOPTING.
I DON'T WANT TO, WE JUST GO AHEAD BECAUSE WE WANT TO CHANGE THE RULES AND WE JUST WANT TO PICK SOMEBODY.
I WANT TO MAKE SURE WE FOLLOW THE RULES, MAKE THIS A FAIR PROCESS.
WE DON'T, WE DON'T BREAK THE RULES FOR SOME SPECIFIC REASONS OR SOME SPECIFIC SITUATIONS WE TALK ABOUT.
AND ALSO WE TALK ABOUT THIS IS A, A CEREMONIAL ROLE AND COUNCIL MEMBER, UM, MARDA HAS BEEN ELECTED AND HAS BEEN WELL, UH, RESPECTED FOR HIS, UH, UH, PASSION FOR THE COMMUNITY, FOR HIS PROFESSIONALISM, WORK ETHICS.
IT'S A VERY CLEARLY DEMONSTRATED, UM, HE'S A PERFECT CANDIDATE FOR THE VICE MAYOR.
AND I, I JUST WANT TO MAKE SURE WE UNDERSTAND HOW WE HAVE A GRADE IN THE PAST SEVERAL YEARS, WE DO THIS AS A ROTATIONAL ROLE.
WE DIDN'T EVER SAY WE NEED TO WAIT FOR THREE YEARS TO BECOME VICE MAYOR.
WE NEVER TALK ABOUT THIS AS A RULE.
WE ONLY TALK ABOUT TAKING ROTATIONS, GIVE EVERYBODY OPPORTUNITIES.
UM, SO I JUST WANT TO MAKE THAT K HERE.
UM, IF, IF I UNDERSTAND CORRECTLY, AND, AND, UH, JOHN, FEEL FREE TO CHIME IN.
IT'S BEEN A PRACTICE IN TERMS OF THE ROTATION.
THE ONLY RULES ARE THOSE OUTLINED IN THE STAFF REPORT, WHICH INDICATE THAT YOU ARE REQUIRED TO, UH, APPOINT A VICE MAYOR ONCE A YEAR.
UM, ALL OTHER, YOU KNOW, TRADITIONS, MORES AND ALL THAT, THAT HAS BEEN DEVELOPED OVER TIME AND NEVER PUT DOWN IN WRITING ANYWHERE.
[03:35:01]
CLARIFY SOMETHING.UM, I THINK IN FACT, IT'S FINE IF GENE STEPS BACK IN THE ROLE THAT IS ROTATIONAL, THE FACT THAT HE WAS JUST NEWLY ELECTED DOES NOT SUDDENLY INSERT HIM.
THE OTHER THING THAT I TAKE OBJECTION TO, OR THE, WHAT WAS THE TERM? CEREMONIAL, IT'S CEREMONIAL TO AN EXTENT, BUT THIS INDIVIDUAL WHO TAKES OVER HAS TO BECOME THE MAYOR PRO TEM.
WHEN THE MAYOR, THE ELECTED MAYOR OR APPOINTED MAYOR IS NOT THERE.
THAT PERSON NEEDS TO UNDERSTAND THAT, OKAY, IT'S NOT JUST PURELY CEREMONIAL, IT'S TRULY, AS A COUPLE OF THESE FOLKS HAVE SAID, A VERY RESPONSIBLE POSITION.
SO I THINK IN, IN WHAT I'M SAYING IS WE ARE ROTATING, HE WOULD BE IN THAT ROTATION.
AND, UM, I THOUGHT I'D LIKE TO SEE SOME MORE EXPERIENCE IN, IN THAT PERSON THAT SUPPORTS THE MAYOR.
SO I, I JUST WANNA MAKE THAT CLEAR.
I DON'T, I I, I DON'T LIKE USING THE WORD CEREMONIAL.
IT'S CEREMONIAL ONLY TO THE POINT WHERE HE IS NOT FILLING IN A ROLE, RIGHT? BUT OFTENTIMES HE DOES FILL A ROLE AS MAYOR PRO TEM, THAT INDIVIDUAL DOES.
AND THAT PERSON REALLY, REALLY NEEDS TO UNDERSTAND THAT RESPONSIBILITY.
SO I WANT TO MAKE SURE, BECAUSE I DIDN'T SAY THAT CEREMONIAL FROM MY OWN MIND, BECAUSE WE HAVE, WE HAVE DONE RESEARCH OR WE HAVE DONE THIS, UH, DISCUSSION IN THE PAST.
SO I WANT TO
WELL, WOULD YOU DESCRIBE, THEY SAY CEREMONIAL ROLE OR IT'S A VICE MAYOR IS A DIFFERENT FROM REGULAR COUNCIL MEMBER AS A LEADERSHIP ROLE.
THE, THE VICE MAYOR SERVES IN THE ABSENCE OF THE MAYOR.
THAT'S THE ROLE FROM A LEGAL STANDPOINT.
UM, I WOULDN'T SAY THAT'S CEREMONIAL.
'CAUSE THAT IS ACTUALLY A ROLE.
AND, UM, I GUESS IT'S A LEADERSHIP ROLE IN A SENSE.
BUT THE MAYOR IS THE, THE MAYOR, RIGHT.
I, I, I MEAN, I, I, I, I DON'T THINK IT'S A CEREMONIAL ROLE, BUT THE ROLE IS NARROW.
THANKS FOR MAKING CLEAR OF THIS.
ANOTHER THING I WANT TO MAKE SURE IS, ALTHOUGH WE TALK ABOUT THIS PRACTICE, BUT WE DID TALK ABOUT WE DO ROTATION AS A RULE.
WE GO, HAD TO DO PRACTICE IN THE PAST.
I WANT TO MAKE SURE, BECAUSE I HAVE PROPOSED IN THE PAST, WE WANT TO PUT THIS IN WRITING, BUT WE, WE, WE DIDN'T IN THE END BECAUSE WE, WE WANTED TO HAVE A CHANCE NOT TO DO IT IN SOME SPECIFIC SITUATIONS.
AND I JUST WANT TO MAKE SURE IT'S THE RULES WE HAVE BEEN TALKING ABOUT, DISCUSSED ABOUT IN THE PAST SEVERAL YEARS, AT LEAST SINCE I BECAME A COUNCIL IN THE PAST FIVE YEARS WHO HAVE BEEN DOING THIS PRACTICE.
I BELIEVE THERE HAVE BEEN DISCUSSIONS ABOUT, ABOUT PUTTING IT IN WRITING AND ESTABLISHING IT AS A POLICY, BUT IT'S NEVER BEEN DONE.
THERE ARE OTHER JURISDICTIONS THAT DO HAVE POLICIES ABOUT ROTATION, AND THEY PUT IT IN WRITING, AND IN FACT, THEY CAN CHANGE THEM ON THE FLY AT THE MEETING WHEN THE APPOINTMENT HAPPENS.
SO I HAVE SEEN THAT HAPPEN AS WELL.
UM, SO THESE POLICIES ARE NEVER, UM, THEY'RE, THEY'RE NEVER FIRM.
THEY, THEY, THEY CAN CHANGE IT ANY TIME.
UM, I, I HAVE, HAVE ADVOCATED FROM THE DAAS MANY TIMES ABOUT, UM, THIS BEING A ROTATIONAL, UM, AND NOT A POLITICAL DECISION.
UM, AND, UH, I CONTINUE TO FEEL THAT WAY IN ANY, UM, COUNCIL PERSON'S TENURE ON THE DAIS.
UM, THEY SHOULD COME UP ONE TIME IN EVERY FOUR YEAR CYCLE WHILE THEY ARE ON THE DAIS.
AND THAT BECOMES A ROLLING ROTATION, RIGHT? SO, UM, IF, IF SOMEBODY IS REELECTED AND THEY'RE IN EIGHT YEARS, THEY SHOULD HAVE COME UP TWICE.
IF SOMEBODY HAS 12 YEARS, THEY SHOULD COME UP THREE TIMES, UM, AS, AS THE CYCLE GOES.
BUT THAT DOESN'T MEAN THAT IF SOMEBODY IS THE ONLY PERSON ON THE DA WHO HASN'T BEEN THAT ROLE, THAT IT IS AUTOMATICALLY THEIR TURN IN THE ROTATION BECAUSE THEY ARE SLIDING IN TO THE ROTATION AT SOMEBODY ELSE'S, UM, SPOT, RIGHT? BECAUSE OTHERWISE YOU COULD END UP, IF YOU WERE GOING STRICTLY BY WHO HASN'T DONE IT YET, YOU COULD END UP AT THE FIRST MEETING WITH SOMEBODY WHO, UM, WAS JUST ELECTED AS THE ONLY PERSON WHO HAS NEVER BEEN IN THE VICE MAYOR ROLE.
AND I DON'T THINK THAT'S ANYBODY'S IDEA OF HOW YOU WANNA DO THE ROTATION.
UM, SO AS THE ROTATION GOES, UM, I, I HAVE
[03:40:01]
ADVOCATED, IN FACT, I ADVOCATED FOR YOU IN ROTATION ONCE, UM, AND YOU DECLINED IT WHEN IT WOULD'VE BEEN YOUR TURN IN THE ROTATION.SO I STRONGLY BELIEVE THAT WE, WE SHOULD BE FOLLOWING ROTATION AND THAT THE REASONS THAT SOMEBODY WOULD, UM, NOT BE SELECTED WHEN IT IS THEIR TURN IN THE ROTATION WOULD BE IF THEY ARE NOT INTERESTED OR IF, UM, FOR SOME REASON THE REST OF COUNCIL, UM, FEELS THAT THEY WOULD NOT DO A GOOD JOB IN THAT ROLE.
AND, UM, WE HAVE SEEN THAT HAPPEN ON THIS D UM, BEFORE YOU WERE HERE, BUT WE, WE SAW THAT HAPPEN ONCE BEFORE SINCE I'VE BEEN ON COUNCIL.
SO WE, WE, WE ALL HAVE OUR COMMENTS ALREADY.
SO I, I THINK I, I KNOW THE PROCESS WE NEED TO DO IS I NOMINATED THE JOHN AND WE'LL VOTE ON THIS.
IF WE DON'T GATHER, UH, VOTES, WE'LL SAY, WHAT DO WE WANT TO DO ALTERNATIVELY? OKAY.
OKAY, SO WE, WE HAVE TO DO A ALTERNATIVE MOTION, UH, SINCE I WANNA GET GOING, I WANNA GET THINGS MOVING HERE TONIGHT.
I NOMINATE JEAN JOSIE AS THE NEXT VICE MAYOR.
UM, AGAIN, UH, THERE ARE STRONG REASONS COM FOR ME, COMPELLING REASONS, UH, BEAUTIFUL REMARKS.
GOOD, GOOD FOLKS OUT THERE TRUSTING FOLKS.
UH, WE'VE GOT A GREAT, GREAT GUY IN JOHN, AND I'M REALLY GLAD HE IS ON COUNCIL.
UM, BUT THIS IS NOT ABOUT POLITICAL PLAYS, AND I'M ALSO SEEING A POLITICAL PLAY HERE, AND I DON'T LIKE THAT.
SO I WILL SAY THAT JEAN BRINGS, UM, A, A HIGH DEGREE OF COMPETENCE AND WILL, WILL PROVIDE A BALANCE, UH, FOR THE REMAINING, AT LEAST THE REMAINING YEAR OF HER TERM.
SO I NOMINATE, UH, JEAN FOR VICE MAYOR FOR THE COMING YEAR.
CADRE MAYOR, WHO? I'LL SAY YES, BECAUSE I DO WANT TO, UM, TELL YOU THE GREAT WORK YOU HAVE DONE IN THE PAST.
SO WE HAVE THIS, UM, THEN, AND THEN
[9. CITY MANAGER AND CITY COUNCIL REPORTS]
MOVING ON TO AGENDA ITEM NINE, CITY MANAGER AND CITY COUNCIL REPORTS MAYOR AND COUNCIL MEMBERS.UH, UH, SANTA IS IN TOWN THIS WEEK.
UM, HE WILL BE AT THE HOLIDAY TREE LIGHTING ON THURSDAY, UM, AND THEN BREAKFAST, UH, WITH SANTA ON SATURDAY AT THE SHANNON COMMUNITY CENTER.
THAT'S MY REPORT FOR TONIGHT, GIVEN THE INTEREST OF TIME.
I'LL GO QUICKLY AS WELL, UH, GIVEN THE BREVITY OF THE, UH, WEEKS, UM, AVA BOARD MEETING.
UH, WE DID PUBLISH THE AUDIT REPORT FINALLY.
SO, UH, I CAN REPORT ON THE FINAL OUTCOME OF, UH, AVA'S FINANCIALS NEXT TIME.
FIRST OF ALL, I WANNA THANK MY COLLEAGUES FOR THE TRUST THAT THEY'VE PLACED IN ME.
UM, MOVING QUICKLY, BECAUSE OF THE INTEREST OF TIME, UM, WHEN WE LEFT THIS DIOCESE LAST TIME, SEVERAL OF US WERE IMMEDIATELY HEADED FOR SALT LAKE CITY, FOR THE NATIONAL LEAGUE OF CITIES, UM, CONFERENCE, WHICH WAS REALLY, REALLY GOOD.
UM, I DID HAVE THE HONOR OF, UM, BEING A PANELIST, UM, AT ONE OF THE BREAKOUT SESSIONS WHERE I SPOKE ON COMMUNITY PROJECT FUNDING, SPECIFICALLY HIGHLIGHTING OUR ACCESS BRIDGE, UM, URGENT CARE, MENTAL HEALTH URGENT CARE CENTER.
UM, WE HAD ABOUT 80 PEOPLE IN THE AUDIENCE, SO THAT WAS, UM, FUN FOR ME AND, UM, HOPEFULLY INFORMATIVE FOR THEM.
UM, I ALSO SAT IN ON, UM, BOTH MY, UH, RACE EQUITY AND LEADERSHIP COMMITTEE MEETING, UM, FOR NLC AND THE PUBLIC SAFETY POLICY COMMITTEE MEETING FOR THEM.
UM, AND I'M HAPPY TO TALK MORE WHEN WE HAVE MORE TIME ABOUT, UM, SOME OF THE OTHER BREAKOUT SESSIONS, BUT SOME OF 'EM WERE REALLY, REALLY GOOD.
UM, I'M GONNA CIRCLE BACK TO THAT, UM, WHEN I'M DONE HERE.
THE, UM, OTHER EVENTS, UH, CITY SERVE, UM, BREAKFAST, ANNUAL BREAKFAST WAS, UM, A REALLY GREAT EVENT IN THE LAST TWO WEEKS.
UM, AND THEN ALSO, UM, LTA THE, FOR THE TWO OF US THAT ARE ON THE LTA COMMITTEE, WE HAVE A GREAT ANNOUNCEMENT, AND THAT IS THAT LTA, UM, WAS AWARDED A, UM, ALMOST $63 MILLION CONTRACT, UM, FROM THE FEDERAL GOVERNMENT TO, UM, FINALLY FINISH BUILDING THE, UM, NEW, UM, BUS FACILITY OUT IN LIVERMORE.
SO WE WERE VERY, VERY EXCITED ABOUT THAT.
UM, CIRCLING BACK TO THE, UM, NLC
[03:45:01]
PANEL.UM, AND ONE OF THE PUBLIC SAFETY, UM, ITEMS THAT WE TALKED ABOUT WAS, UM, SURROUNDING PRIVACY OF, UM, DATA, UM, FOR, UH, PARTICULARLY LICENSE PLATE READER DATA AND, UM, SITUATIONAL AWARENESS CAMERA DATA, UM, REALTIME CRIME CENTER, UM, INFORMATION AND DATA.
UH, SPECIFICALLY THAT ITEM WAS ABOUT AI USE IN REALTIME CRIME CENTER DATA.
AND I KNOW WHEN WE FIRST BROUGHT LICENSE PLATE READERS AND SIT CAMS HERE, WE DID INSTITUTE A, UM, DATA PROTECTION POLICY.
WE HAVEN'T HAD THAT ITEM COME BACK TO US FOR A REPORT IN A WHILE.
I KNOW THERE'S BEEN A LOT IN THE NEWS ABOUT, UM, SIT CAMS AND, AND DATA PRIVACY AND THAT, SO I'M WONDERING IF THERE'S HEAD NODS TO, UM, JUST HAVE A REPORT COME BACK ABOUT THAT AND INCLUDED IN ONE OF THE REPORT WE ALREADY ASKING, CAN WE, THE, THE SIT CAMERA DATA PRIVACY AND, AND HOW WE'RE, WE'RE, UM, DOING THAT? UH, ARE YOU INTERESTED IN A MORE COMPREHENSIVE REPORT ON ALL OF CITY DATA PROTECTION, CUSTOMER DATA PROTECTION? OR ARE WE NARROWLY FOCUSED? MY ASK WAS ON THE, THOSE THREE ITEMS, BUT IF WE WANNA BROADEN IT TO HOW WE ARE PROTECTING, UM, THE, THE DATA THAT WE HAVE, I THINK THAT WOULD BE APPROPRIATE.
I, I THOUGHT ABOUT THE SAFETY.
THIS INCLUDED THE, AS PART OF OUR SAFETY ITEM WE TALK ABOUT, UH, IT COULD BE MAYOR, IT MIGHT BE SLIGHTLY DIFFERENT, BUT I THINK I'M CLEAR ON WHAT I WANNA BRING BACK.
IF YOU'RE INTERESTED IN, IN DATA PRIVACY, UM, I THINK THINK MIGHT COVER TALKING ABOUT DATA.
YEAH, I'M, I WAS TALKING SPECIFICALLY ABOUT DATA ON THIS PARTICULAR ONE.
UM, YOU WANT TO GO AHEAD? SURE.
AND, UH, PRESENTATIONS PARTICULARLY ABOUT TECHNOLOGY, APPLICATIONS, UH, FOR PUBLIC SAFETY.
SO WE'VE TALKED ABOUT E-BIKES AND I WAS A CHAMPION OF THAT EARLY ON.
AND NOW, UM, WE'VE GOT OTHER THINGS THAT ARE GOING ON THAT, UM, WE NEED TO REALLY LOOK INTO AND, AND THE USE OF THIS TECHNOLOGY.
UH, THE CITY SERVE ANNUAL THANKSGIVING BREAKFAST, UH, ACTUALLY VERY TALENTED PEOPLE THERE.
DIDN'T LIKE WAKING UP SO EARLY, BUT HEY, IT WAS REALLY, UH, IT WAS FUN.
UM, HAD A LAUGHTER BOARD MEETING, UH, THE OTHER DAY AS WELL.
I, I DO WANNA, UM, BRING UP SOMETHING, UH, THAT THREE OF US, UH, COUNCIL MEMBER, UH, MARADA AND, UH, UH, COUNCIL MEMBER, I GOTTA GET USED TO THIS MAN.
UH, COUNCIL MEMBER CADRE KNOW ABOUT.
AND, UM, I BROUGHT THIS UP LAST TIME THAT, UH, A RESIDENT TOOK HIS TIME TO, UH, DRIVE US, UH, THROUGH THE, UH, VETERANS DAY PARADE.
UM, I FOUND OUT, UH, VERY RECENTLY AND SHARED THE INFORMATION.
UM, AND, AND EVEN THOUGH HIS WIFE WAS REALLY AILING, SHE HAD A, A BAD STROKE.
AND, UM, UH, SHE PASSED AWAY THREE DAYS AFTER.
AND SO WHAT I'D LIKE TONIGHT TO BE, AND I KNOW WE'VE DONE THIS IN THE PAST, IS TO REMEMBER HER, IF THAT'S OKAY.
UH, HER NAME WAS SANDY, SANDY LEMON.
AND I WANNA BRING THAT TO THE ATTENTION THAT THEY ARE WORKING ON A, UM, UM, A SERVICE IT'LL BE IN, IN JANUARY TIMEFRAME.
BUT I DO WANNA BRING THAT UP TONIGHT BECAUSE I FORGET STUFF.
BUT IT'S, IT'S REALLY, REALLY IMPORTANT.
AND THIS IS PROBABLY ONE OF THE MOST IMPORTANT THINGS I'VE, I'VE SAID ON THE DAIS.
SO I I, THEY WERE VERY, SHE WAS VERY MEANINGFUL ONE DAY.
SHE'S GOT THIS ENERGY THE NEXT DAY GONE, AND, AND WE NEED TO THINK ABOUT THAT, RIGHT? UM, AND, UH, THEY'VE GOT A, THEY'RE A LONG-TERM FAMILY OF DUBLIN, AND THEY'RE VERY MEANINGFUL TO, TO US, THE THREE OF US, JOHN AND KASH.
AND, AND I'LL, I'LL KEEP YOU ALL INFORMED, SO SORRY FOR THAT.
BUT, UH, I DID WANNA BRING THAT UP.
UM, HAPPY BIRTHDAY TO YOUR WIFE, JOHN.
UM, CONGRATULATIONS, VICE MAYOR.
UH, I GUESS YOU'LL BE TAKING THE SEAT.
UM, SPIN A, UH, A FUN, FUN COUPLE WEEKS.
UH, THE ALAMEDA COUNTY FIRE ADVISORY MEETING, UM, FILLING IN FOR, FOR MAYOR WHO THERE, UH, ALSO ATTENDED THE NATIONAL LEAGUE OF CITIES, UH, NLC.
AND, UH, PLEASED TO SHARE THAT I AM, UH, ON THE BOARD OF A POMO, THE, UH, ASIAN PACIFIC AMERICAN MUNICIPAL OFFICERS, UH, AND ELECTED AS SECRETARY THERE.
SO EXCITED TO, TO BRING A LITTLE BIT OF WHAT DUBLIN HAS TO OFFER TO THE NATIONAL STAGE.
UM, ALSO ATTENDED THE EIGHTH, UH, PLEASANTON, SAN RAMON DUBLIN YOUTH CRICKET TOURNAMENT.
[03:50:01]
112 MATCHES, NINE LOCATIONS, INCLUDING DUBLIN, UH, ACROSS FOUR, UH, FOUR DAYS.AND, AND IT WAS, UH, NICE TO SEE SOME OF THE ACTION.
THE AWARD CEREMONY WAS REALLY COLD, UM, BUT ALSO A LOT OF FUN.
UH, THIS WAS ON SUNDAY EVENING AND, UM, EARLIER IN THE DAY, I HAD THE OPPORTUNITY TO, UH, UH, PARTICIPATE IN THE TRI-VALLEY HANDS AND ACTION GROUP.
THIS IS A COMMUNITY YOUTH LED, UH, ORGANIZATION.
THEY COLLECTED ABOUT 1500 CANS AND THEN THEY SORTED THEM AND, AND, UH, DISTRIBUTED THEM TO OPENHEARTED AND A COUPLE OTHER, UM, FOOD BANKS, KIND OF, UH, FILLING THAT GAP OF THE, IN, UH, FOOD INSECURITY.
SO IT WAS, UH, IT WAS AN HONOR SEEING THE, THE YOUTH LEADERS IN ACTION.
UM, SO I WAS ALSO IN THE CITY SERVE, UM, A NEW BREAKFAST AND VERY TOUCHED BY THE WORK THEY HAVE DONE FOR THE, UM, TO SAY LIKE THE, THE PEOPLE IN NEED.
AND I WAS ALSO DELIVERING THE 25, 20 FIFTH ANNIVERSARY, UM, CITY CERTIFICATE TO THE WILL, WILL WORKS, WHEEL WORKS IS THE PLACE YOU CAN FIX YOUR, UH, TIRES.
AND I'M ALSO, LET ME SEE OTHER THINGS.
UM, ALSO DOING THIS, REGULAR MAYORS, UM, MAYORS LIKE A MEETING WITH TRI LEADERS.
SO WE ARE PLANNING A LEGISLATIVE ADVOCACY IN WASHINGTON DC IN, IN JANUARY, AND ALSO A LEGISLATIVE ADVOCACY IN SACRAMENTO, PROBABLY IN APRIL.
UM, I THINK WE SET UP DATE IN APRIL.
AND THEN WE HAVE, UH, REGULAR MAYOR'S REPORTS EVERY TWO WEEKS AND REGULAR COMMUNITY VIDEO EVERY TWO WEEKS.
AND SO THAT'S, THAT'S PRETTY MUCH WHAT, WHAT HAVE DONE.
AND, AND IT'S A HOLIDAY SEASON.
I WANT TO REMIND EVERYBODY TO, UM, TO DRIVE SAFELY.
SO THAT'S A CRITICAL IMPORTANT FOR THE HOLIDAY SEASONS AND ALSO A LOT OF EVENTS IN THE CITY.
WE DO HAVE A TREE LIGHTING EVENT THURSDAY AND ALD, THE HIGH SCHOOL HAS, UH, UM, LIGHTS AND HOLIDAY NIGHTS ON FRIDAY EVENING.
SO BREAKFAST WITH CENTER AS A, UH, CITY MANAGER MENTIONED.
AND ALSO LOT OF EVENTS, JUST ALMOST EVERY DAY THERE'S SOME CELEBRATIONS.
UM, SO JUST LOOK AT THE CITY'S WEBSITE TO FIND OUT EVENTS TO GO TO, GO FOR IT.
AND I DO WANT TO, UM, CLOSE THIS IN MEMORY OF THE, THE GREAT RESIDENT, SANDY, SANDY, LEMON.
AND WITH THAT, WE'LL ADJOURN THE MEETING AT 1107.