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HomeMy WebLinkAbout4.01 Draft CC 8-3-04 Min R£6ULAR M££TIN6 - AU6UST 3. 2004 A regular meeting of the Dublin City Council was held on Tuesday, August 3,2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . PROCLAMATION DECLARING TUESDAY, AUGUST 3, 2004, AS NATIONAL NIGHT OUT 7:04 p.m. 3.1 (610-50) Mayor Lockhart read a proclamation declaring Tuesday, August 3,2004, as National Night Out in Dublin and called upon all citizens of Dublin to join the Dublin Police Services in supporting the 21 sf Annual National Night Out. Police Chief Gary Thuman accepted the proclamation on behalf of the Dublin Police Services and encouraged the public to attend the event. . PRESENTATION ON PROGRAMS OFFERED BY THE PARKS AND COMMUNITY SERVICES DEPARTMENT 7:06 p.m. 3.2 (950-50) Parks & Community Services Manager Paul McCreary presented the Staff Report and advised that the Parks and Community Services Department promotes and supports high quality of life in Dublin through people, parks and programs. This is accomplished by CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 381 '" .."c' " '-' ~4,i~ " ,f"e , ' 'ffi .1.1/' , ' u developing and implementing quality programs that strengthen community image, provide recreational experiences, encourage healthy lifestyles and preserve the City's heritage. During the past fiscal year, the number of participants in the Department's programs continued to increase, as they have for the past five years. The Council thanked him for the excellent presentation. .. 7:05 p.m. Rosalind Rogoff, San Ramon resident, announced that she intended to run for the Dublin San Ramon Services District Board of Directors in the November 2, 2004 General Municipal Election. Although she is a San Ramon resident, DSRSD is a joint County agency. John T. Collins, Sr., Dublin resident, spoke about poor traffic signal timing along Dublin Boulevard, advising that he had heard comments which make him think the poor timing was purposeful. He referred to the newly adopted Mission, Vision and Values Statements and advised that they were not his visions for Dublin. He encouraged the citizens of Dublin not to vote for any of the incumbents in the November elections. David Haubert, Dublin resident, thanked the Council for inviting him to participate in the upcoming Camp Parks Charrette workshop and advised that he was looking forward to the process. It's a great way to include the public in the planning process. .. CONSENT CALENDAR 7:20 p.m. Items 4.1 through 4.11 On motion of Cm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Adopted (4.2 600-60) RESOLUTION NO. 153 - 04 APPROVING THE IMPROVEMENT AGREEMENT WITH DR SCHOOLS, LLC, FOR KOHNEN WAY IN DUBLIN RANCH AREA F CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 382 Received (4.3 320-30) City Treasurer's Investment Report for 4th Quarter 2003-2004; Adopted (4.4 600-30) RESOLUTION NO. 154 - 04 APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH KIMLEY -HORN AND ASSOCIATES, INC. Accepted (4.5 600-35) improvements under Contract No. 03-02, Traffic Signal at Central Parkway and Tassajara Creek and authorized the release of retention after 35 days if there are no subcontractor claims; Adopted (4.6 1020-30) RESOLUTION NO. 155 - 04 RESOLUTION OF INTENTION TO AMEND UNDERGROUND UTILITY DISTRICT 2003-01 ON DOUGHERTY ROAD FROM DUBLIN BOULEVARD TO SIERRA LANE AND ON DUBLIN BOULEVARD FROM DUBLIN COURT TO DOUGHERTY ROAD TO ADD SCARLETI COURT FROM DUBLIN BOULEVARD TO A POINT 700 FEET SOUTH ON SCARLETI COURT and set Public Hearing dates of September 7, 2004 and September 21, 2004, for consideration of an Ordinance amending Underground Utility District 2003-01 to include a portion of Scarlett Court; Approved (4.7 600-40) Contract for Services with Alameda County Library for a total contract cost of $468,981; Adopted (4.8 600-30) RESOLUTION NO. 156 - 04 APPROVING AGREEMENT WITH THE ZAHN GROUP, INC., FOR DESIGN AND PROGRAM MANAGEMENT SERVICES FOR CIVIC CENTER ROOF REPAIR, EVIDENCE STORAGE VENTILATION, AND BAY AREA AIR QUALITY MANAGEMENT DISTRICT PERMITIING CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 383 Adopted (4.10 600-30) RESOLUTION NO. 157 - 04 APPROVING THE SELECTION OF MUNIFINANCIAL, INC., TO CONDUCT A FISCAL STUDY and authorized the Mayor to execute the agreement in an amount not to exceed $15,000; Approved (4.11 300-40) the Warrant Register in the amount of $7,702,033.32. Vm. Zika puIled Item 4.17 referred to page 360 of the Minutes ofthejuly 2072004 Council meeting and expressed concerned about his opposing vote to the motion regarding the Tralee project not showing in the minutes. TypicaIly the name of the Councilmember making the opposing vote is reflected in the minutes. Mayor Lockhart advised that the motion included several actions and Vm. Zika~ opposing vote was noteci, by name7 at the end of the entire motion on page 361. The minutes were correct as presented. On motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the City Council approved (4.1) Minutes of Regular Meeting of July 6, 2004 and Regular Meeting of July 20, 2004. Mayor Lockhart puIled Item 4.97 SWA Group Consultant Selection for Specific Plan Amendment Preparation of the Eastern Dublin Property Owner Area. Cm. Sbranti asked if potential environmental issues would be looked at7 especially in light of recent court decisions regarding tiger salamanders. Senior Planner Andy Hyde advised that, as part of the environmental document certification for this llre87 one of the specific mitigation measures was to do a thorough analysis7 Resource Management Plan (RMP) is looking at those environmental issues. Staff has worked with the Consultant for 14 months on the RMP. The recent court case listing the tiger salamander as a threatened species was always anticipated and has already been included in the RMP. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 384 City Manager Kichard Ambrose advised that Staff anticipated bringing the RMP to Council for review in September 2004. Mayor Lockhart asked who was designing the plan and who was reviewing it? Mr. Hyde advised that the Applicant will be designing the project, using another landscape architecture and engineering firm to come up with an overall land plan, and then specific development for their portion of the property. SWA will be reviewing that, as well as taking a specific look at the center portion of the property, which currently does not have an active participant property owner. On motion of Mayor Lockhart, seconded by Vm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 158 - 04 APPROVING CONTRACT AGREEMENT WITH CONSULTANT (SWA GROUP) FOR ASSISTING WITH THE LAND PLANNING OF THE EASTERN DUBLIN PROPERTIES OWNERS AREA and authorized City Manager to execute the Agreement not to exceed $100,000. . PUBLIC HEARING CONSIDERATION OF APPEAL OF PLANNING COMMISSION DENIAL OF PA 03...023, HITES/DUBLIN CROWN CHEVROLET CONDITIONAL USE PERMIT AT 6670 AMADOR PLAZA ROAD 7:26 p.m. 6.1 (410-30) Mayor Lockhart opened the public hearing. Associate Planner Pierce Macdonald presented the Staff Report and advised that Applicants Andras and George Hites were appealing a decision of the Planning Commission denying a Conditional Use Permit request to amend Planning Development PA 96-043 to allow an automobile/vehicle storage lot in a private parking lot in the office complex owned by HHH Investment Company at 6670 Amador Plaza Road. Since the Planning Commission's denial, the Applicants have requested to change the project description by reducing the term of the Conditional Use Permit from 5 years to 2 years, and reduce the number of cars and trucks to be stored at the site from 120 vehicles to 77. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 385 Ms. Macdonald noted that two letters and a petition had been received from several surrounding businesses requesting that the City Council uphold the Planning Commission's denial of the Conditional Use Permit. The correspondence received raised the following issues: the proposed use was incompatible with the existing office development; the existing parking lot was designed and intended for guest and tenant parking, not vehicles storage; and that a large number of new vehicles at the site would encourage theft and vandalism. Cm. Oravetz asked if the Council could consider the proposed changes to the CUP because the Planning Commission had not heard them. City Manager Ambrose advised that the Council could consider the new proposal as a potential modification to the Planning Commission's decision. City Attorney Elizabeth Silver concurred. Cm. Sbranti clarified that, procedurally, the Council could potentially make a motion to reverse the Planning Commission's decision with modifications to the CUP as presented at this meeting. City Attorney Silver concurred. George Hites, the Appellant, indicted that a dental lab used to be in the location, which generated much more traffic then the proposed project. There is a car dealership next door to their proposed lot, and he did not understand the difference from their proposal. The proposed 2 year permit is optional and they would be willing to go on a month to month basis. The new layout is favoring his neighbors, so they can actually park on his property. They are not currently parking on their neighbors' property and never have. They are parking on their empty lot which they are paying taxes on but not getting any income on it. Hopefully the Council will reconsider the denial and look at it reasonably. Aldo Guidotti, neighboring property owner, distributed a map of the area and advised that this has always been an office complex with reciprocal parking and ingress/egress covenants and conditions that are still in effect. The area is well-established with mature trees and landscaping surrounding the complex. When his tenants complained to him about the long-term vehicle storage, he called the City. Staff advised him that it was a violation of the Ordinance. The Applicant should have gotten a CUP before starting to store vehicles. His tenants have a legitimate complaint. Storage of cars is almost an industrial use. This CUP would be inconsistent with the surrounding uses, and his property manager advised that he will have difficulty renting out his property if this CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 386 CUP is granted. He urged the Council to affirm the Planning Commission's decision to deny the CUP. Mayor Lockhart closed the public hearing. Cm. Oravetz advised that would vote to uphold the Planning Commission's decision because the CC&R's for that area clearly state that vehicle storage is not a permitted use. That area should not be used for vehicle storage. Vm. Zika concurred. Cm. McCormick expressed interest in a compromise, such as temporary use for less than two years until that particular area was settled. Mayor Lockhart stated that she was not interested in a temporary use because the surrounding businesses do not feel this is a compatible use. The proposed use would be encroaching on the existing businesses, and the uses are starting to blur. The Planning Commission's decision was appropriate. Parking is a problem parking in the downtown area and that responsibility falls on businesses that have a large number of autos. As car dealerships grow, they need to look at their property and how they can accommodate vehicles on their own property. Cm. Sbranti agreed with the Mayor's comments and stated that the proposed use does not fit with the vision for that area. There is a lot of activity in that area which will spearhead even better activity, and he would not like to see anything that would impede that progress. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 159 - 04 AFFIRMING THE PLANNING COMMISSION DECISION TO DENY THE HITES/DUBLIN CROWN CHEVROLET CONDITIONAL USE PERMIT TO AMEND PLANNED DEVELOPMENT DISTRICT PA 96-043 TO ALLOW AUTOMOBILE/VEHICLE STORAGE LOTS AT 6670 AMADOR PLAZA ROAD, PA 03-023 .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 387 PUBLIC HEARING ESTABLISH ULTIMATE RIGHT -OF- WAY LINES FOR TASSAJARA ROAD AND FALLON ROAD 7:53 p.m. 6.2 (820-90) Mayor Lockhart opened the public hearing. Senior Civil Engineer Michael Stella presented the Staff Rep:Jrt and advised that this was the second reading of an Ordinance to adopt Ultimate Right-of-Way Lines for Tassajara Road and Fallon Road for the future widening of Tassajara Road to six lanes and the future northern extension of Fallon Road to four lanes pursuant to Dublin Municipal Code Chapter 7.68 and Mitigation Measure 3.3/14.0 of the Eastern Specific Plan Environmental Impact Report. The Ordinance would be recorded at the County Recorder's Office as an encumbrance against each property to ensure that existing property owners or future buyers of property are aware of the right-of-way reservation. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 21 - 04 TO ESTABLISH ULTIMATE RIGHT-OF-WAY LINES FOR TASSAJARA ROAD AND FALLON ROAD .. PUBLIC HEARING TRALEE PROJECT PD REZONE WITH STAGE 1 AND 2 DEVELOPMENT PLAN 7:56 p.m. 6.3 (600-60/450-30) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Rep:Jrt and advised that this is the second reading of an Ordinance which would approve a Stage 1 and 2 Development Plan for the 1 0.61-acre site located at Dublin Boulevard and Dougherty Road. Approval of the PD Rezone would provide for a mixed -use project that includes construction of residential townhouse-style condominium units on a 104,000 square foot existing retail! commercial building. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 388 Mike Banducci, Bancor Properties, advised that they are receiving excited comments from the public regarding this project. Many people have contacted them to live at or have businesses there. He has talked to the existing furniture store owner regarding complaints about their signage. Mayor Lockhart asked if Room with a Cue would be relocating. Mr. Banducci advised that they don't have a spot yet, but are working with them to find a location nearby. Room with a Cue has been a great tenant and an asset to the community . Cm. Sbranti suggested that Staff work with Room with a Cue to find an alternate location. They have a good clientele and are an asset to the community. Mayor Lockhart agreed and advised that the Economic Development Director was working with them. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. McCormick and by majority vote (Vm. Zika opposed), the Council waived the reading and adopted ORDINANCE NO. ZZ - 04 AMENDING TIlE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 1 And 2 DEVELOPMENf PLAN FOR TIlE TRALEE PROJECT, PA 02-062 Vm. Zika advised that it was a beautiful project, but in the wrong location. He opposed the motion. . AUTHORIZATION TO SOLICIT BIDS - CONTRACT NO. 04-08 VILLAGE PARKWAY SIDEWALK WIDENING AND UGHTlNG IMPROVEMENTS 8:01 p.m. 7.1 (600-35) Public Works Director Melissa Morton presented the Staff Report and advised that Staff has completed the construction documents necessary to solicit bids and is asking the Council to authorize Staff to advertise the project for bids. Letters have been sent to the property owners and businesses informing them of the project and inviting them to CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 389 become involved in a "Committee of Owners" that will provide input to City Staff during construction of the project. A list of volunteer committee members will be presented to the Council at the approval of the contract award prior to construction. Meanwhile, Staff would be implementing a construction plan, which would minimize inconveniences to businesses, pedestrians and motorists. Vm. Zika asked if there would be rubberized sidewalks. Ms. Morton advised no, different design treatments would be used. Cm. Sbranti asked if the illumination of the street would be at the same level. Ms. Morton indicated that illumination would be greater and more inviting to make the area more pedestrian friendly. It is meant to be a beautiful streetscape. Cm. McCormick agreed that it would be a showplace in the Downtown, and asked if a couple of Heritage trees could be planted. Ms. Morton indicated that seven new trees, chosen to assure uniformity in the streetscape, would be planted. City Manager Ambrose advised that certain trees were chosen because they had shallow roots that would not lift the sidewalks. The Council discussed the proposed Committee of Owners and agreed it was an excellent idea. On motion of Cm. Sbranti, seconded by Vm. Zika and by unanimous vote, the Council authorized solicitation of bids for Contract No. 04-08, Village Parkway Sidewalk Widening and Lighting Improvements. .. CONSULTANT SERVICES FOR THE DONLON WAY HISTORIC AREA DESIGN GUIDELINES 8:06 p.m. 7.2 (600-30) Associate Planner Kristi Bascom presented the Staff Report and advised that in October 2003, the Council adopted an interim development moratorium for property in the greater Donlon Way Area in order to prevent construction that could negatively impact the anticipated historical area planning work. On January 20, 2004, the Council CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 390 adopted Ordinance 02-04 approving a one-year extension to the development moratorium in order to give the City time to prepare and adopt a specific plan, together with design guidelines, to protect and preserve the historical resources in the area. As part of the steps outlined in Ordinance 02-04, Staff has interviewed and is recommending a contract be awarded to RBF Consultants for $40,000 to prepare Design guidelines for the Donlon Way Historic Area. Mayor Lockhart referred to Step 1, Project Initiation, and suggested that a representative from the Dublin Heritage Preservation Association be invited to participate in the study sessIon. Cm. Sbranti asked for clarification on the term "themed design style" vs. "architectural elements." Ms. Bascom clarified that the intent would be to develop design guidelines to look at the historic building still in the area, as well as buildings no longer there, and pull in architectural elements that are representative of the area and make sure that any new development contains those elements. Mayor Lockhart asked if the blue building on the corner of Hansen and Dublin Boulevard was considered themed? She was still having difficultly with the difference between "themed" and "architectural elements." Ms. Bascom advised that the blue building was relatively new but designed to look historic. Cm. McCormick explained that the area could, for example, have an old western theme, but wouldn't have a particular element. With architectural elements, every building could be different, but have a historical look to it. The Council discussed using architectural elements instead of a theme to give the desired historical flavor yet allow for some flexibility. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 160 - 04 APPROVING A CONSULTING SERVICES AGREEMENT IN THE AMOUNT OF $40,000 WITH RBF CONSULTING (RBF) TO PREPARE DESIGN GUIDELINES FOR THE DONLON WAY HISTORIC AREA CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 391 and authorized the City Manager to execute the Agreement. . AUTHORIZATION TO NEGOTIATE A CONSULTING AGREEMENT AND PARTNERSHIP WITH TRAINING AND DEVELOPMENT SOLUTIONS, THE CONTRACT SERVICES DIVISION OF CHABOT-LAS POSIT AS COMMUNITY COLLEGE DISTRICT TO ASSIST IN THE DEVELOPMENT OF THE DUBLIN LEADERSHIP ACADEMY 8:13 p.m. 8.1 (600-40) Assistant City Manager Joni Pattillo presented the Staff Report and advised that as part of the 2004-05 Goals & Objectives Program, one of the high priorities the City Council adopted was the development of a Dublin Leadership Academy. The goal is to implement a 12-week program designed to education, to recruit future Dublin leaders and to encourage community involvement at all levels. Training and Development Solutions would work with City Staff to create and implement the course curriculum. Cm. Oravetz asked where the classes would be held. Ms. Pattillo advised that the classes would be held at the Dublin Library. Cm. Sbranti asked about the cost to participants. Ms. Pattillo advised that the academy would be free of charge. This is a groundbreaking class for Dublin and Staff did not want to create any artificial barriers that would prevent people that live or work in Dublin from participating. Cm. McCormick stated that she had a problem in terms of the scope to actual leadership training. As proposed, it is more like Government 101 and how the city operates. It doesn't address leadership skills, the core values of leadership and how to be a leader. The program should not be held up, but actual leadership training needs to be included. She would like to be included in the curriculum development and decision-making process. Ms. Pattillo advised that, with Consultant Todd Plate's experience, those components might be able to be incorporated very easily. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 392 Cm. Oravetz agreed that "Leadership Academy" might be the wrong title if leadership was not included. He envisioned components on public speaking, campaigning, etc., to encourage and develop future leaders of Dublin. Cm. Sbranti stated that the proposed program had many good elements, but there were many ways to enhance it. For example, ethics training, Brown Act and Roberts Rules of Order, etc. Another possible element would be a session on the history of Dublin, including its recent past and how we got to where we are now. A component on active community groups, not just City Commissions and Committees, which are in need of future leadership and involvement should be added. Vm. Zika stated that he liked the outline, but the title was wrong. The outline is what he envisioned from the beginning; people understanding how a City functioned. Anyone can go to Toastmasters for public speaking, and Las Positas College for courses on ethics, leadership, etc. The initial course should be done now and refinements could be incorporated into subsequent classes. Timing is critical because two Councilmembers will be termed out in 2006. Ms. Pattillo indicated that class time will be augmented with assignments, which could include those areas of concern voiced by the Council. Refinements will be incorporated into subsequent classes. City Manager Ambrose advised that class time was limited. Threads of the Councilmember suggestions could be incorporated, but significant amounts of time cannot be allocated. There may be the opportunity in follow-up academies to spend more time on those topics. Mayor Lockhart stated that the framework was good to start with, but there are ways in just teaching the class to help people develop their leadership skills. Staff and the Consultant will bring that out. There shouldn't be just a series of 12 lectures; people would not attend. Integrity and ethics, etc., issues could be interwoven into the topics. It would also be important to relate the topics on a regional basis, so the students can see the big picture on how Dublin fits into the entire area. She suggested that Cm. McCormick be added to the Planning Committee to take a look at the curriculum before it's finalized. Mr. Ambrose stated the program would start on September 30th; however, the entire curriculum would not be developed prior to the kickoff. Staff had not intended to bring back the entire curriculum to the Council for consideration. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 393 Mayor Lockhart suggested having a Committee meeting, including Cm. McCormick, in the very near future to discuss feedback. Perhaps the Committee could provide the Council with updates on the curriculum as it develops. The Council and Staff discussed potential curriculum content. Cm. Sbranti agreed that the course should be offered at no charge. This would be an opportunity inclusive to everyone, not just those who are self-sufficient. Mayor Lockhart expressed her excitement about working with Chabot-Las Positas College on this project. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council authorized the City Manager to negotiate a contract with Training and Development Solutions, a division of Chabot-Las Positas Community College District, for an amount not to exceed $8,400 to assist in the development and implementation of the Dublin Leadership Academy; authorized Staff to acknowledge the partnership through the placement on all marketing materials that Dublin Leadership Academy is being delivered "In partnership with Todd M. Plate, Esquire and Training and Development Solutions, a division of the Chabot-Las Positas Community College District;" and added Cm. McCormick to the Planning Committee. . REPORT ON ALTAMONT LANDfiLL " RESOURCE RECOVERY FACILITY OPEN SPACE ADVISORY COMMIITEE 8:37 p.m. 8.2 (530-40) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that one of the high priority City Council goals for Fiscal Year 2003-2004 was to "work with Alameda County Open Space Advisory Committee to establish open space acquisition priorities." The Draft Criteria and Application for Funding have not yet been adopted by the Advisory Committee. Instead the Advisory Committee has suggested that each City review and comment on what is proposed. Therefore, Staff recommended that the Council receive the report and provide input on the Criteria for Use of Altamont Open Space Funds and the Application for Funding. Mayor Lockhart advised that she is the City's representative to the Advisory Committee, but is a non-voting member. She has a unique position in that she can comment on the discussion; however, Dublin must work closely with the County representative and the CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 394 Pleasanton representative regarding its votes. The Committee has been asked by different groups and conservancies not to list site priorities because it would limit the flexibility of considering and funding applications individually, and the Committee has been advised by County Counsel that a priority list is not necessary. The proposed criteria list included in the Staff Report will be used, but the Committee has decided not listing specific pieces of property that they would like to obtain. The Committee understands that there are particular areas of environmental value, but they are trying to leave this open for applications where they can look at how the money might be leveraged to accomplish more. Mayor Lockhart advised that there was a bigger issue attached to this topic. The City of Fremont recently requested to be in on the deal for part of the west-end of the Valley money, saying that they considered themselves part of the area. They agreed to go to the Altamont Landfill and to pay the fee. Some Committee attendees have encouraged Fremont to make the request because they felt that there would be more money by Fremont being included. Her response to the Committee was that the landfill has a finite size to it and it would just be filling faster, not gaining more money. The Council discussed adding more cities to the agreement and expressed concern that if Fremont qualified for this, that might open it up to Hayward, as well. If that door was opened, the whole agreement would need to be renegotiated. Mayor Lockhart suggested that the Council send a letter to the Altamont Open Space Committee and officially take a position that the agreement should stay as presented and other cities should not be included in it after the fact. Copies of the agreements between the City and the County of Alameda and the City of Dublin and the City of Pleasanton regarding expenditures by the Open Space Advisory Committee created by an agreement settling litigation should be attached to the letter so everyone is clear on the contents of those agreements. There is not a valid reason to have another city sharing the 20% of the money that is going to the west end of our Valley. Cm. Oravetz asked about the funding totals. Mayor Lockhart advised that we received 20% of the 100% of just the 75¢. $612,000 is what has been collected to-date. Vm. Zika asked if Dublin got half of that amount. City Manager Richard Ambrose clarified that the $612,000 represents the 20%. The real issue before the Council was whether or not to enforce the agreements that Dublin has CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 395 with the City of Pleasanton and Alameda County, which would require them to vote to evenly divide the funds. The Council discussed the issue and agreed that Dublin needed to reaffirm its position on the Committee and its desire to see that the 20% of that 75¢ fee stayed between Pleasanton and Dublin. The Council and Staff discussed the draft criteria for use of the funds as they related to the criteria listed in the settlement agreement. The draft criteria defines the major categories that were in the agreement. Ms. Lowart clarified that the settlement agreement did give more weight to significant native biodiversity over recreation. However, Dublin's plans would meet those criteria. Mayor Lockhart discussed the application process and advised that the land owner has to do the actual application. The selection would be based on the criteria listed. Mr. Ambrose asked for clarification if the landowner has to apply or the landowner could apply. For example, could a public agency apply if they were attempting to acquire land? Mayor Lockhart advised that either a public agency or a private landowner could apply. Mayor Lockhart restated her suggestion that a letter be sent to the Altamont Open Space Land Use Committee to clarify Dublin's position on adding another City into the funding for the west end of the Valley, and to reiterate Dublin's rights in the agreements. Copies of both of those agreements should be included with the letter, so all of the Committee members are aware of Dublin's rights. Cm. Oravetz stated that Dublin should work closely with Pleasanton to make certain its 20% is spent wisely. Mayor Lockhart agreed. Ms. Lowart asked if the letter should include Dublin City Council's support of the criteria and the application. Mayor Lockhart advised yes. There has been a lot of work and discussion with a lot of experts in the field to come up with the criteria, and they are basing it on the agreement. The major concern is changing the rules and opening it up to other cities. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 396 The Council briefly discussed Dublin's legal recourse if the Committee goes against the settlement agreement. City Attorney Elizabeth Silver advised that she would review the settlement agreement. Her recollection was that it was clear with respect to the 80% and the 20% and where it was to be spent. She did not recall that there was a lot of flexibility. Mr. Ambrose advised that, per the agreements, they are required to vote as Dublin directs them. On motion of Cm. Oravetz, seconded by Cm. McCormick and by unanimous vote, the Council directed Staff to send a letter to the Altamont Open Space Land Use Committee advising of Dublin's opposition to adding another City into the funding for the west end of the Valley, supporting the criteria and the application as presented, reiterating Dublin's rights in the agreements and including copies of Dublin's agreements with both the City of Pleasanton and Alameda County. . OTHER BUSINESS City Manager Ambrose reminded the public of the summer concert series on Friday night from 7 - 9 p.m. at the Civic Center. The Back Pages would be playing '60s music. City Manager Ambrose advised that the Camp Parks charrette process would begin on Friday, August 6th from 8:30 a.m. - 5:00 p.m., and would continue on Saturday, August 7th from 8:30 a.m. - 1 :00 p.m. Public comments related to the charrette process would be heard on August 7th at 12:30 p.m. The meeting would be held in the Regional Meeting Room located at the Civic Center, 100 Civic Plaza. Cm. Oravetz advised that LA VTA had a recent public hearing to discuss route changes. A new route, 51, will go to the Santa Rita Jail on the weekends. There were so many good comments at the public hearing that the Board directed LA VTA Staff to take the comments and incorporate them into a report for a special meeting which would be held on August 9th at 4:00 p.m. in order to make more informed decisions on proposed changes. Vm. Zika advised that he attended a League of California Cities Conference for Mayors and Councilmembers in Monterey. There was much discussion at the conference regarding the State Budget and the League's Proposition 1A. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 397 Cm. Sbranti advised that the Public Safety Memorial Committee had a meeting this afternoon, and requested that the item be put on the August 17th Council agenda. The price of the monument will be going up on September 1 sf, so the Committee may need to act sooner to keep the cost at the initial quote. Cm. Sbranti announced that two Dublin residents, Gabriel and Jenny Lynn Campbell, have been highly involved in the Valley Shakespeare Festival. He encouraged the community to attend August 5 - 21, 2004, on Thursday - Saturday at 7:30 p.m. at the Retzlaff Winery in Livermore. Cm. McCormick advised that she recently attended a Tri - Valley Transportation Council meeting, which is still working on establishing a nexus fee. In the meantime, decisions are being made on priorities and projects. Mayor Lockhart advised that she has been reviewing applications for the Youth Advisory Commission. There were 20 applications and all of them were wonderful. It was a tough decision to select only 13 students. Her appointment recommendations will be on the August 17th Council agenda. .. @JOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:15 p.m. Adjourned to the special meeting at 8:30 a.m. Friday, August 6th in the Regional Meeting Room. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor A TIEST: City Clerk .~ CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING August 3, 2004 PAGE 398