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HomeMy WebLinkAbout4.01 Draft CC 6-7-05 Min REGULAIt MEETING - JUNE 7. 2005 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. PUBLIC EMPLOYEE PERFORMANCE EVALUA TION - Gowm"..",t Code SectIon 54957 Tlt1II: City Attorney 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LlTlGA TION Gowmll*!t Code section 54956.9, subdivision a NIIIIIII of Case; DubRIY at aI. v. City of Dublin at aI., Alameda County Supet/or Court No. 2002057128 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Gowmmont Code section 54956.9, sulldlv/s/on a NIIIIIfI of Case; Schllck8r v. Staœ of CallfonIhJ, Alameda County SupeI10r Court No. VG03-134125 (Consol/dltted wI VG04-14061J6) 4. PERSONNEL· Govam/lllHlt Code SectIon 54957.6(11) - Conlel9nce with Agency Labor Negotiator Richard Ambrose, City MllnIlfl8/' - Un~ City Employees; Assistant City Manager City Engineer Administrative Analyst II Administrative Aide Assistant Civil Engineer Administrative Analyst I Associate Civil Engineer Administrative Technician Associate Planner Assistant Planner Recreation Supervisor Community Safety Assistant Senior Administrative Analyst Engineering Technician I Senior Civil Engineer Engineering Tcchnician II Senior Planner Finanee Technician I Administrative Services Director Finance Technician II Assistant to the City Manager Heritage Center Director Building Official Permit Technician City Clerk Office Assistant I Community Development Director Office Assistant II Economic Development Director Prcschoollnstructor Finance Manager Public Works Inspector Information Systems Manager Recreation Coordinator Parks & Community Services Director Recreation Technician Parks & Facilities Development Manager Secretary Planning Manager Secretary to the City ManagerlDeputy City Clerk Public Works Directorl Assistant City Engineer Senior Finance Technician Housing Specialist Senior Office Assistant Parks & Community Services Manager Senior Building Inspector Parks & Facilities Development Coordinator Heritage & Cultural Arts Supervisor Geographic Information System Coordinator Information Systems Technician I Code Enforcement Officer Information Systems Technician II CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 208 4.1 'U A regular meeting of the Dublin City Council was held on Tuesday, June 7,2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Lockhart. · ROIL CAlL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart. ABSENT: None. · PLEDGE OF ~IANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. · REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that Items 1-3 were discussed, with no action taken. Item 4 was continued to the end of the meeting. · PROCLAMATION 7:07 p.m. 3.1 (610-50) Mayor Lockhart read a proclamation declaring June 4 - 12,2005 as "Affordable Housing Week" and called upon all residents of the City to learn about and honor the contributions of affordable housing by participating in activities held throughout the week to commemorate this observance. Bruce Fielder accepted the proclamation on behalf of the East Bay Housing Organization and congratulated the City Council for its proactive pursuit to make affordable housing a reality. . · CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 209 INTRODUCTION OF NEW EMPLOYEES 7:13 p.m. 3.2 (700~10) Commander Gary Thuman introduced new Police Services employees Sergeant Ellis Craft, Officer Peggy Cervantez, Officer Craig Cedegren and Officer Craig Evans. . AMADOR VALLEY INDUSTRIES (AVI) COIJ.ECTION SERVICES TRANSmON UPDATE , 7:19 p.m. 3.3 (600-30) Senior Administrative Analyst Jason Behrmann introduced Debbie Jeffery, A VI, who would be making a presentation regarding the programs and services offered to the community as part of the new solid waste collection services agreement, which would be effective July 1, 2005. Debbie Jeffery, A VI, outlined the status of the waste management collection agreement transition and reviewed the various programs and enhancements that are included in their agreement with the City of Dublin. . CONSENT CALENDAR 7: 30 p.m. Items 4.1 through 4.10 Cm. McCormick pulled Item 4.4 for discussion. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of May 17,2005; Adopted (4.2 600-40) RESOLUTION NO. 81 - 05 ADOPTING THE AGREEMENT FOR PARTICIPATION IN ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 210 Accepted (4.3 600-35) improvements constructed under Contract 04-12 and authorized final payment to S1. Francis Electric Inc., less retention to be paid in 35 days if no subcontractor or supplier claim are received; Adopted (4.5 600-60) RESOLUTION NO. 82 - 05 ACCEPTANCE OF OFF-SITE IMPROVEMENTS TO TASSAJARA ROAD FOR TRACT 7441, PHASE I - SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.) Adopted (4.6 600-30) RESOLUTION NO. 83 - 05 APPROVING AMENDMENT NO.3 TO AGREEMENT WITH JENNIFER UN REGARDING DESIGN OF THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS Adopted (4.7 600-30) RESOLunON NO. 84 - 05 APPROVING AMENDMENT NO.5 TO THE AGREEMENT WITH 1Y UN INTERNATIONAL! CCS (CCS) FOR CONSULTING SERVICES I-580/FALLON ROAD INTERCHANGE IMPROVEMENT PROJECT Adopted (4.8 600~30) RESOLUTION NO. 85 - 05 APPROVING AMENDMENT OT AGREEMENT WITH MCE CORPORATION FOR MAINTENANCE SERVICES Approved (4.9 600-60) Interim Agreement with Pulte Homes for Issuance of Building Permits for Home in Dublin Ranch Area F2 Pending Development Agreement Effectiveness; Approved (4.10 300-40) the Warrant Resister in the amount of $4,298,710.09. Cm. McCormick pulled Item 4.4 (150-70), regarding a donation of $4,300 from the Dublin San Ramon Women's Club for the Murray Schoolhouse Renovation Project, and stated that she wanted to thank the Women's Club for their generous donation. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 211 On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the City Council approved a Budget Change in the amount of $4,300; and directed Staff to prepare formal acknowledgement in writing to the Dublin San Ramon Women's Club. . REQUEST TO CONSIDER A RESOLUTION TO OPPOSE A STATEWIDE SPECIAL ELECTION IN NOVEMBER 2005 7:33 p.m. 5.1 (630-50) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the City of El Cerrito requested that the City of Dublin to adopt a resolution opposing the special election in November proposed by Governor Schwarzenegger. El Cerrito's key reason for opposing the election was the cost, which was estimated at $70 million. Cm. Hildenbrand stated that there was nothing in the proposed special election that required such immediate action and which could not wait until next regular election in 2006. Cm. Oravetz stated that the special election would send a message to the State legislature that California needed a balanced budget, and he would not support the proposed resolution. Cm. McCormick stated that California cities had already given enough money to the State. The special election was frivolous and unnecessary, and she would support the proposed resolution. Vm. Zika stated that he agreed with aspects on both sides of the issue; however, there was nothing on the proposed special election ballot that could not wait until the next regular election. He would support the resolution to help save the State $70 mi11ion. Mayor Lockhart stated that she personally felt the election unnecessary, but as a Councilmember remained neutral because she felt it was a partisan issue. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by majority vote (Cm. Oravetz opposed/Mayor Lockhart abstained), the Council adopted RESOLUTION No. 86 - 05 OPPOSING A STATEWIDE SPECIAL ELECTION IN NOVEMBER 2005 . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 212 PUBLIC HEARING APPEAL OF PLANNING COMMISSION REVERSAL OF ZONING ADMINISTRATOR'S APPROVAL OF A CONDmONAL USE PERMIT AUTIIORIZING A PARKING REDUCTION FOR ENEA PROPERTIES/STARBUCKS COFFEE. PA 04-057 7:45 p.m. 6.1 (410-30) MAyor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report and advised that Applicant Robert Enea, Enea Properties, was appealing the Planning Commission's denial of a Conditional Use Permit for a reduction in parking for a 1,886 square foot coffee retailer and café (Starbucks) in the future Enea Village Parkway Center, located at 7197 Village Parkway. The Zoning Administrator's previous approval of the Conditional Use Permit was appealed to the Planning Commission by Bobbi Cauchi in March 2004. At its April 26, 2005 meeting, the Planning Commission reversed the Zoning Administrator's decision and denied the Conditional Use Permit. Staff recommended that the Council conduct public hearing; deliberate; and direct Staff to EITHER: a) Prepare a Resolution denying the appeal, thereby affirming the Planning Commission denial of the Conditional Use Permit, - OR - b) Prepare a Resolution granting the appeal, thereby reversing the Planning Commission denial and upholding the Zoning Administrator's approval of the Conditional Use Permit; - OR - c) Prepare a Resolution granting the appeal in part, thereby reversing the Planning Commission denial and modifying the Zoning Administrator approval of the Conditional Use Permit. City Attorney Elizabeth Silver reminded the Council that it should only consider the Appellant's stated grounds for the appeal. It boiled down to whether or not a conditional use permit could be granted to authorize a reduction in the standard parking requirements. There were provisions in the Zoning Ordinance which allow for reduction in parking if the findings could be made. The issue was not whether or not a Starbucks was an appropriate use, or whether there was competition with other businesses in the area. The Council previously designated the land use for this property, which allowed this type of use. City Attorney Silver further reminded the Council that it was acting in a quasi-judicial capacity during this hearing and explained the principles of due process. She advised the Council to disclose any contact they may have had with anyone regarding this issue, so that the entire Council was working with the same written and verbal information. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 213 Cm. Oravetz advised that he had received an anonymous packet of mail, which included copies of letters and petitions against project. He also spoke with City Staff regarding the parking issue. Vm. Zika advised that he had received the same packet, which he gave to the City Clerk for the record. He also spent time with Staff talking about required parking. Mayor Lockhart advised that she received the same packet, as well as several emails to which she responded with a standard response thanking them for taking the time to write, reminding them of the public hearing date and time, and inviting them to attend the meeting and participate. She also reminded them that the issue the Council would deal with was a reduction in parking not a particular business. Cm. McCormick advised that she had received the same packet and noted that the same information was duplicated in the staff repOrt. She received numerous emails which she did not read, but saved for future review. Cm. Hildenbrand advised that she had received the same packet, and also received several emails in opposition to a Starbucks, but refrained from responding. She had no individual conversations with Staff or residents. George Nickelson, Omni Means, advised that he was hired by the City to do the parking studies and reviewed the outcome of and recommendations made in the parking studies as outlined in the Staff Report. In summary, at 9:30 a.m. the peak combined Starbucks and retail demand would be 39 spaces, based on actual surveys taken directly from the Starbucks in this area. Thirty-two (32) on~site spaces would be available for the combined Starbucksl retail uses, leaving a 7 -space deficit that would seek parking on the street, presumably on the curb frontage adjacent to the site. Vm. Zika asked if the traffic study count for the Starbucks on Regional Street included the customers parking at offsite lots and walking in. Mr. Nickelson advised that anyone who parked in the surveyor's field of view and walked into the Starbucks was counted. If they parked out of view and walked in, they would not be counted. Cm. McCormick asked if the Peet's Coffee in the Waterford Center was considered as a business to survey for parking counts. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 214 Mr. Nickelson advised that they chose to survey only Starbucks, so they would have an apples-to-apples approach. Ms. Harbin referred to Peet's Coffee and advised that the Council had approved reduced parking for the entire Waterford Shopping Center. Traffic Engineer Ray Kuzbari addressed the proposed on-street parking locations as outlined in the Staff Report. In a recent development, the Livermore~Amador Valley Transit Authority (LAVTA) had requested that the bus stop currently located at the corner of Amador Valley Boulevard and Village Parkway to be relocated to the east so it would be closer to the residential area. This action could accommodate three more on-street parking spaces, which would bring the total on~street parking spaces to 12. Cm. Oravetz asked if the Planning Commission had heard LAVTA's request before they made their decision. Mr. Kuzbari advised that LAVTA had not yet made their request; however, the Omni Means traffic study did look at that particular location with the existing bus stop and advised that utilizing those spaces could boost the on-street parking spaces to 12. Cm. Oravetz asked if the on-street parking spots would be striped. Mr. Kuzbari advised that it was an option, but not required. Council and Staff discussed LAVTA's proposal to relocate the bus stop and viewed photos of the subject area. Staff advised that there would be 300' for the bus to merge onto the leftmost lane to go straight on Amador Valley Boulevard, as well as vehicles going to the Montessori School and Wells Middle School. Vm. Zika noted that the Zoning Ordinance stated that 45 parking spaces were required for the coffee and retail use, and the Traffic Study showed 39 spaces were necessary. How many parking spaces were available based on the current footprint of the property? Mr. Kuzbari advised that 32 spaces on-site were currently available,just for retail including Starbucks. Mayor Lockhart addressed the audience and advised them that she would call the Applicant! Appellant first, and then call those who had submitted a speaker slip to speak for three minutes. The 3-minute rule would not apply to the Appellant. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 215 Andrew Pionti, representing the Appellant, reviewed the site elevation and explained that the site would be developed in two parcels. Parcel A was being developed first as retail. Parcel B would be later developed as office use, which demanded the lowest parking. Their economic model for the project contemplated selling off Parcel B to pay down the debt obligation to Parcel A with entitlements, so they did not want to encumber Parcel B with parking obligations for Parcel A. Dublin did not have a default parking ratio for anything other than a full-service, sit-down restaurant, which was one spot for 100 square feet, or a 1:100 ratio. People do not usually stay as long at a Starbucks as they would a restaurant, with parking spaces turning over at an average of 10 minutes. He discussed ingress/egress from the site, as well as potential parking configurations. They have designed a project which, to their understanding, fit into the City's plans for that street as a gateway and opportunity site. The total on -site parking would accommodate 54 spaces; however, only 32 would be considered for Parcel A because Parcel B parking needed to stand alone. There was now the possibility for approximately 12 off-site adjacent curbside spots. As a result, at the peak time of 9:30 a.m., the use would be only one spot short under the Dublin's high default standard of 1:100. Having to come up with more on-site parking spaces may result in having to reduce the size of the building on Parcel B, which would make it a very marginal economic project. This Starbucks was projected to do approximately 50% of the volume, in terms of sales and visits, as that of the Regional Street store. Ym. Zika asked if there would be a fence or wall in between each parcel so the Starbucks visitors did not encroach into the Parcel B parking. If so, would they use the common driveway? Mr. Pionti advised yes, there was a common driveway that would be accessed from Amador YaHey Boulevard. It would be fenced about three-quarters of the length of the drive aisle and every attempt would be made to separate the two parcels. Joe Stevens, Dublin resident, stated that a local minority should not be allowed to deny the community a new Starbucks because they were concerned about the competition and urged the Council to listen to Staff's recommendations regarding the project. Debra Pavao, Dublin resident, stated that the meeting alleviated a lot of her fears regarding potential parking and traffic safety issues. Ivan Hayter, Dublin resident, stated that he would like a Starbucks at that site and would walk to it. CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 216 Myrna Hayter, Dublin resident, stated that she was pleased to see something as nice as the proposed building going into that site, which had been vacant for so long. It would be a wonderful addition to the neighborhood, as well as very convenient to surrounding businesses. Nubia Walker, Dublin resident, stated that a Starbucks would be convenient at that location because it was not safe to get coffee from the drive~thru coffee shop in the shopping center where she worked. Dina Weir, Dublin resident, asked if the on-street parking would be marked with Ii time limit. If so, where would staff park? She expressed concern about the safety of children going to school on foot and on bicycles. Traffic was already congested when she drove her kids to school. It was not fair to assume that people would leave in 10 minutes because there are people who stay for hours. Mr. Kuzbari advised that Staff did not intend to recommend any time limited parking on~ street. The Staff Report indicated that a few on-site parking spaces would be timed at 15 minutes. Staff, however, was unsure it was necessary because a lot was learned from the Omni Means surveys. Employee parking was not an issue covered because the current parking numbers included employees. Mr. Nickelson advised that the parking surveys included employees to a point where they were visible and the surveyor could see where they parked. All of the cars were visible and counted at the A1costa/Village Parkway and Hacienda locations; however, there may have been some cars missed at the Regional location. Even so, if theoretical employee cars were added at that location, then averaged and backed out among the three, it would change the numbers by about one space. City Attorney Silver advised that either the Staff Report or the parking study stated that employee parking was included in the 1:100 parking requirement. Jerry Cauchi, Dublin resident, stated it was unfair to compare this proposal to the Starbucks at A1costa/Village Parkway and Alcosta because they were part of a major retail center with more parking accommodations. He asked questions regarding alternative parking, the sizes of the parking spaces, possible mitigation measures, and the width of the turnout for the relocated bus stop. Mr. Kuzbari advised that the width of the relocated bus stop would be 16~ 18 feet and 300 feet long. The width narrows as the intersection at York Drive was approached. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 217 Jennifer Williams, Dublin resident, stated that the presentation by Staff and the Applicant was biased and ambiguous. She expressed concern about the danger of off-street parking on an already busy commuter road. Mr. Pionti, the Appellant, stated that there had been 15 approved Conditional Use Permits for reductions in the default numbers that one would use in the absence of a site- specific parking study and play. Of those 15, two were on Village Parkway and were approved May 10th. None of those have been appealed. Staff and Omni Means had no safety issues. Peak time was not at school commute time; it was at 9:30 a.m. The parking proposal included four spots for the outside patio. If it would help, the outside seating could be eliminated for now. After there was data for how the site operated, the Applicant would like to reserve the right to come back and seek to have the outdoor seating added back. Another possible mitigation measure would be to have six time-limit spaces. Mayor Lockhart closed the public hearing. Cm. Oravetz confirmed that the Council could only talk about parking, not about the use. City Attorney Silver confirmed the statement. Cm. Oravetz said that it came down to the math. Thirty-two spots on-site with 12 on the road equaled 44; the Zoning Ordinance called for 45. He would not turn down a use for just one parking space. He did not think the on-street parking and flow-through traffic in the parking lot would be a problem, and he would support the appeal. City Attorney Silver advised that, although there were provisions in the Zoning Ordinance that designate how much parking was required, there were also provisions in the Zoning Ordinance that allowed the Planning Commission or Council to approve a reduction is parking. Under the Ordinance, the Council was allowed to reduce the amount of parking if it made the Conditional Use Permit findings as specified Zoning Ordinance Section 8.76.050.E. If the Council felt it could make the findings, it could grant the appeal. As the Staff Report recommended, the Council could tentatively decide by straw vote and return to the next meeting with a resolution that included the Council's findings. Cm. McCormick asked if they could consider the mitigation measures offered by the Appellant to reduce parking, such as eliminating the outdoor seating. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 218 City Attorney Silver advised yes, it could be considered; however, if the Applicant came back at a later date to request outdoor seating, the Council would have to go through this exercise again to grant a Conditional Use Permit to reduce the amount of parking. The Council and City Attorney engaged in a question and answer session regarding the findings to be made and the proposed mitigation measures. Vm. Zika stated that he would vote to affirm the Planning Commission's denial of the appeal because, if the traffic and parking studies were wrong, the Applicant could return in a year to ask for reduced parking. Every time the Council has voted to reduce the parking requirements, the outcome has not been positive. Cm. Hildenbrand stated that revitalizing that area is very important and this project would provide something to the community. Traffic safety in the area was a concern; however, she could support the project if the 15~minute parking spaces were required. She did not believe that the project would cause so many concerns as to affirm the denial of the request. The Council discussed time limited parking spaces and whether or not it worked. There will be people who show up with their laptops and stay for a long time, and it will be an honor system when using the IS-minute parking. Cm. McCormick stated that, as resident of neighborhood, she had been concerned about that parcel. It had been automotive use with cars going in and out all the time, then a vacant gas station and a blight to the neighborhood. The parking can be mitigated. The traffic was busy at school time, but not at peak time. She would like to see the site successful, no matter the use. Mayor Lockhart noted that the project was close enough to residential that people could walk instead of drive, which was exactly what the Council wanted to do with the Downtown Specific Plan. Pedestrian~friendly streets were the plan, and sidewalks were being widened and street furniture installed. Other businesses along that street have received reductions without complaints from anyone. Amador Valley Boulevard carries a lot of cars, and everyone knows that they have to be more careful during school commute time. The plan should not be denied because it was one space off, and she would be willing to support the findings to allow the center to operate under the numbers presented. City Attorney Silver advised that, if there were three members inclined to grant the appeal, the Council would need to direct Staff to prepare a resolution to return to the CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 219 Mayor Lockhart announced that Item 8.2, Proposed "Sentinels of Freedom - Operation Welcome Home" Program, would heard at this time. Discussion related to this item is shown under New Business. . PUBLIC HEARING AMENDMENT TO TIlE MASTER DEVELOPMENT AGREEMENT FOR TIlE DUBLIN RANCH PROJECT (AREAS A TIlROUGH H), PA 04-028 9:55 p.m. 6.2 (600-GO) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that the City Council would consider adopting an Ordinance approving an amendment to the Master Development Agreement for the Dublin Ranch Project Areas A, B, C, D, E, F, G and H, which was submitted by James Tong on behalf of the Lin Family. The proposed amendments would involve compliance with allocation of credit for affordable housing units, the Commercial Linkage Fee/Non-Residential Affordable Housing Fee, and park land. Vm. Zika advised that he would abstain because of the Commercial Linkage Fee exemption. No testimony relative to this issue was entered by any member of the public. Mayor Lockhart closed the public hearing. Cm. McCormick asked if it was possible to vote on items in the agreement separately. City Attorney Elizabeth Silver advised that if the Council wished to approve an amendment to the Master Development Agreement that included some but not all of the proposed provisions, it would have to be discussed with the Applicant to see if they would be willing to agree to that. Cm. McCormick advised that she agreed with Vm. Zika regarding the Commercial Linkage Fee, but she did not want to vote against the other two items. City Attorney Silver advised that the Fairway Ranch Development Agreement, which had already been approved by the Council, included the provisions for affordable housing CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 221 unit credits, as well as an exemption from the proposed Commercial Linkage Fee for the Lin commercial property. Whether or not the Council approved the amendment to the Master Development Agreement would not affect the fact that, under the Fairway Ranch Development Agreement, if the all the units were constructed credits would be available. It also would not affect the commitment in the Fairway Ranch Development Agreement to exempt the Lin commercial property for the term of that agreement. This would run co-terminus with that. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika abstained), the Council waived the first reading and INTRODUCED an Ordinance approving an amendment to the Master Development Agreement for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H). . PUBUC HEARING ORDINANCE AMENDING CHAPTER 7.36 OF THE DUBLIN MUNICIPAL CODE, ADOPTING BY REFERENCE AND AMENDING THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE 10:00 p.m. 6.3 (440-10) Mayor Lockhart opened the public hearing. Sr. Building Official Gregory Shreeve, Sr., presented the Staff Report and advised that, pursuant to Government Code Section 36937, the 2002 National Electrical Code would become effective August 1, 2005. In order to ensure continuity of the City's building standards, the City Council would consider amending Chapter 7.36 of the Dublin Municipal Code, adopting by reference the 2002 edition of the National Electrical Code. No testimony relative to this issue was entered by any member of the public. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 88 - 05 APPROVING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2002 NATIONAL ELECTRICAL CODE AS ADOITED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 PART 3 TO BE ADOITED BY REFERENCE IN THE DUBLIN MUNICIPAL CODE CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 222 and waived the first reading and INTRODUCED an Ordinance amending Chapter 7.36 of the Dublin Municipal Code, which adopts by reference, the 2002 edition of the National Electrical Code. . PUBLIC HEARING FALLON SPORTS PARK MASTER PLAN - ENVIRONMENTAL REVIEW AND ADOPTION OF MASTER PLAN 10:05 p.m. 6.4 (File # 920-30) Mayor Lockhart opened the public hearing. Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that the 2000-2005 Capital Improvement Program included funding for development of a Master Plan for the 60+ Fallon Sports Park. The park is bordered by the future Lockhart Street to the west, Gleason Drive to the north, Fallon Road to the east and Central Parkway to the south. The City Council would consider the Final Draft Sports Park Master Plan developed with the assistance of the Fallon Sports Park Task Force. The Master Plan outlines the proposed uses for the site. The City Council will also consider the adoption of a Mitigated Negative Declaration and the Mitigation Monitoring Program. vince Lattanzio, Carducci and Associates, reviewed the project process and specifications, as well as the Task Force recommendations for the Fallon Sports Park Master Plan. The Task Force focused on Scheme B of the three alternatives presented to them. Mayor Lockhart if there would be adequate parking, especially during special events. Mr. Lattanzio reviewed the proposed parking plan and advised that there would be adequate parking and additional parking available for major events from a facility adjacent to the area. Senior planner Janet Harbin reviewed the Staff Report as it related to the environmental requirements for the Fallon Sports Park Master Plan. Three mitigation measures came out of the Mitigated Negative Declaration study: 1) a photometric study needed to be prepared for the lighting to determine the height of the light poles and low-level lighting for the park to make sure there was no spillover lighting into adjacent area; 2) have air quality control measures during grading and paving activities; and 3) determine the CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 > AGE 223 actual location of the entrance on Central Parkway. Mitigation Measure #3 had already been determined by another study. Rich Guarienti, Dublin resident, advised that he was the Parks & Community Services Commission representative on the Task Force and reviewed how the Task Force crafted its recommendation. It would not only be an excellent sports park, it would be a great neighborhood park for surrounding residents. Mayor Lockhart closed the public hearinz. Cm. Hildenbrand indicated that it was her understandinz that art was not optional, as shown in the Master Plan. Ms. Lichtenstein advised that it was optional only from a standpoint of whether it was included in the project, becomes something that the Dublin Fine Arts Foundation does, or was done as a separate piece. It would happen as part of the design process. Cm. Hildenbrand stated that she was on the Parks Commission when this process started and she was under the impression that this would be the type of sports park that the City thought outside of the box with. She expressed concern that the proposed Master Plan did not have any unique features and might not represent the minority sports users. The same sports organizations, such as baseball and soccer, were highly represented to get their uses included. She recommended that a portion of the park be left undeveloped to accommodate a unique use in the future. At the joint Parks & Community Services Commission/City Council meetinz in April, the possibility of havinz a MAC Gym at Fallon Park was discussed. Overall, it is a beautiful park and Staff did a good job with the process. The BMX and bocce ball uses were a given and are in surroundinz communities. This was Dublin's opportunity to bring a sport or facility need that was not met in the community. Cm. Oravetz stated that he liked the report and discussed the proposed programminz. The BMX use was discussed by Council many years ago and it was exciting to see it in this Master Plan. The Phase III lighted, sunken baseball diamond would be a great use. Vm. Zika stated that he had attended many of the Task Force meetings. It was a good process, and he was happy with the outcome. Mayor Lockhart noted that the Master Plan would take many years to build out and things would change in the community. She suggested labeling the Phase III lighted baseball field located in the lower terrace area as "possible baseball" or "to be CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 224 determined" in order to accommodate the needs of the future community. She would rather not set the expectation today that there would be another baseball diamond if there was the possibility for something else in the location in the future. The Council and Staff discussed the programming of Phase III, the phasing of infrastructure and the feasibility of a MAC Gym in that area of the park. The Council agreed that the sunken baseball field portion only of the lower terrace area should be labeled as "future study area." Cm. McCormick expressed concern about art being optional and suggested stronger language in the Master Plan. The Council concurred. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 89 - 05 ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR PA 05-021, CITY Of DUBLIN"- FALWN SPORTS PARK/MASTER PLAN DEVEWPMENT And directed Staff to prepare and file a Certificate of Fee Exemption for California Department of fish & Game filing Fees; and approved the final Draft Fallon Sports Park Master Plan with modifications to the labeling of the portion of Phase III Lower Terrace Area currently labeled as a lighted, sunken baseball field to be re-labeled as "future study area" and the inclusion of stronger language regarding artwork. .. DATES FOR SENIOR CENTER GRAND OPENING EVENTS 10:50 p.m. 7.1 (240-10) Parks and Community Services Manager Paul McCreary presented the Staff Report and advised that construction of the new Dublin Senior Center is nearing completion. In order to commence with planning the grand opening events, Staff was recommending that the Council schedule the Gala Banquet for Thursday, August 4th and the Ribbon Cutting/Open House for Saturday, August 6th. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 225 The Council directed Staff to schedule the Gala Banquet for Thursday, August 4th and the Ribbon Cutting/Open House for Saturday, August 6th. . DESIGNATION OF TWO COUNCIIMEMBERS AS CITY REPRESENTATIVES TO DISC1JSS COlW'tNSATION WITH CITY ATrORNEY 10:52 p.m. 8.1 (600-30/110-30) Mayor Lockhart advised that this item provided for the designation of two members of the City Council to discuss terms of the City Attorney's contract, including compensation, with the City Attorney pursuant to Government Code 54957.6. The two members would report their recommendation to the full Council in open session following meetings with the City Attorney On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote, the Council designated Cm. Oravetz and Cm. McCormick to meet with the City Attorney to discuss the terms of her contract. . PROPOSED "SENTINELS OF FREEDOM - OPERATION WELCOME HOME" PROGRAM This item was heard out of order - Prior to Item 6.2 9:46 p.m. 8.2 (150-85/1 ]0-30) Assistant City Manager Joni Pattillo presented the Staff Report and advised that longtime Dublin resident Millie Wasik requested that the City Council to consider the establishment of the "Sentinels of freedom - Operation Welcome Home" Program, which would honor the returning and graduating military personnel from each local community. Millie Wasik outlined the proposed program and advised that she anticipated that the first proclamations issued would occur around December. Cm. Oravetz stated that it would great to honor those in service. Vm. Zika concurred. CITY COUNCIL MINlJTES VOLUME 24 REGULAR MEETING June 7,2005 PAGE 226 Mayor Lockhart expressed gratitude to the volunteer citizen liaison, who would gather information regarding returning soldiers and coordinate the proclamations. On motion of Vm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 87 - 05 APPROVING THE "SENTINELS OF FREEDOM PROGRAM -. OPERATION WELCOME HOME" IN THE CITY OF DUBLIN And appointed Millie Wasik as the City Liaison from the Community to work to implement this program in the City of Dublin. . REVIEW AND CONSIDERATION OF THE STREETSCAPE MASTER PLAN 10:54 p.m. 8.3 (600-30/820-20) Senior Planner Kristi Bascom presented the Staff Report and advised that the City Council would review and consider the proposed Streetscape Master Plan. The Streetscape Master Plan was identified as a high priority in the fiscal Year 2004-05 Goals & Objectives Program and was developed to help better coordinate streetscape design throughout the City. Mayor Lockhart asked if the there were policies in place regarding outside organizations using the City's banner poles to advertise a special event or program that was not City- sponsored. City Manager Ambrose advised that, historically, the banner poles have been located on major arterials and used for City purposes only. If an organization wanted to put advertising on a banner pole, it would require Council approval on an individual basis. While studying the Streetscape program, Staff recognized that future villages may have their own unique character; however, the intent of the Streetscape Master Plan was not to deal with each of the individual things that could occur with a village, but to look at the major arterials and take the Council's direction provided during the Strategic Planning discussion to come up with ways to tie the entire community together with consistent street furniture. The Streetscape Master Plan could be expanded to address the issue; however, it was outside the scope of effort that Staff had identified. Staff would need to come back to Council with a policy to address those types of events and the costs involved. CITY COUNCIL MINLJTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 227 Cm. McCormick asked if recycled materials would be used for the street furniture. Ms. Bascom advised that Staff weighed the pros and cons of using recycled materials and was proposing to use metal for trash enclosures and benches because of its durability. Public Works Director Melissa Morton advised that Staff looked at the lasting beauty of the piece in terms of being durable, graffiti-proof and non-flammable. Staff weighed many different factors before deciding on non-recycled materials; although, more and more recycled metal was being used so the potential for recycled content could go up. Mayor Lockhart recommended using the highest possible recycled content on street furniture. Cm. McCormick asked if Staff consulted with the recycling experts at Waste Management to determine if durable recycled street furniture was available. Ms. Bascom replied no, however, direction was given to the Consultants working on the Master plan that recycled products were one of the Council's goals. After research, the proposed streetscape furniture seemed to be the stronger choice. Staff could continue to look for materials with high recycle content similar to the proposed furniture that would achieve the same goals of durability, uniformity, graffiti-resistance and non-flammable. Cm. McCormick asked the Council to consider having that language inserted into the Master Plan to make using recycled materials a high priority. The Council and Staff engaged in a question and answer session regarding the street tree palette, as wel1 as the replacement schedule for older street furniture. On motion of Cm. McCormick, seconded by Mayor Lockhart and by unanimous vote, the Council adopted RESOLUTION NO. 90 ~ 05 APPROVING THE STREETSCAPE MASTER PLAN Including the addition of language that required Staff to seek the highest available recycled content street furniture that was equal to the durability and beauty of what was included in the proposed Master Plan. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 228 ANNUAL REVIEW AND FEE ADJUSTMENTS FOR BUILpING AND SAFETY CONSULTANTS 11 :17 p.m. 8,4 (600-30/440-30) Building Official Gregory Shreeve, Sr., presented the Staff Report and advised that the City of Dublin utilizes the firms of 4Leaf, Inc., Berryman & Hennigar, CSG Consultants, Inc., Linhart Petersen and Powers (LP2A), and Precision Inspection Company, Inc., to provide building inspection, plan checking and building code enforcement on a contract basis. The City Council will conduct an annual review of the contracts. These amendments would provide for an adjustment of rates for Fiscal Year 2005-2006. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 91 - 05 APPROVING AMENDMENTS TO AGREEMENTS WITH 4LEAF, INC., BERRYMAN & HENNIGAR, CSG CONSULTANTS, INC., LINHART PETERSEN AND roWERS (LP2A), AND PRECISION INSPECTION COMPANY, INC., RELATED TO BUILDING INSPECTION SERVICES And authorized the Community Development Director to execute the amended Agreements. . OTHER BUSINESS 11:21 p.m. City Manager Ambrose reminded the Council that the Budget Hearing would be held on MondaY,June 20th at 6:00 p.m. The preliminary budget documents would be delivered to the Council shortly. Cm. Oravetz advised that the speaker at the upcoming League of California Cities Division meeting would be one of the Governor's representatives to discuss the State budget. Vm. Zika thanked Police Services and Parks & Recreation Staff for their assistance during the Lions Club poker run. Staff did a great job, especially Recreation Coordinator Lorri Polon. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 229 Cm. Hildenbrand advised that she was unable to attend the Tri-Valley Council meeting on May 26th because of a Memorial Day event at Dougherty Elementary. It was an inspirational event and hopefully there would not be a schedule conflict next year so more Council members could attend. Cm. McCormick advised that the Annual Environmental Benefits of Alameda County Recycling Report stated that curbside and yard waste recycling had save 1.1 million trees, 4.5+ million BTUs of energy, 170 tons of recycled air emissions due to recycling, 633 tons of reduced air and water-borne emissions. She also congratulated Police Chief Gary Thuman on his recent promotion to Commander. Mayor Lockhart advised that she had received the Bay Area Air Quality Management District 2004 Annual Report and indicated that the air in the Bay Area was staying clean even with the growth of industry and population because of the clean air policies in place. . CWSED SESSION 11 :29 p.m. The Council reconvened into Closed Session to discuss Item 4. Following the Closed Session, Mayor Lockhart announced that no action was taken. . AQJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:53 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATTEST: City Clerk l~ CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING June 7, 2005 PAGE 230