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HomeMy WebLinkAbout4.01 Draft CC 09-20-2005 Min K) Of D{jJjn MINUTES OF THE cm COUNCIL 6JQ.~ r~I.~I~~~ OF THE cITY' OF DUBLIN ~\¡~"'~ _R.~6ULAR MEETIN~ - SEPTEMBER. 20. 2005 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH LEGAL COUNSEL ~~ ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code section 54956.9, subdivision c (7 potential cases) 2. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager .. A regular meeting of the Dublin City Council was held on Tuesday, September 20, 2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:] 4 p.m., by Mayor Lockhart. .. ROU. CALL PRESENT: Council members Hildenbrand, McCormick, Oravetz and 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. ... CITY COIiNCfLMINllTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 330 ,,:l¡n·\, .Ö,' 1IIIh~Jn.,(~R,U~ REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no action taken during Closed Session. +- INTRODUCTION OF NEWLY-APPOINTED CITY CLERK 7:15 p.m. 3.1 (640~60) City Manager Richard Ambrose introduced Fawn Holman as Dublin's new City Clerk. Ms. Holman has worked for the City since 1991, and served as Secretary to the City Manager/Deputy City Clerk for four years prior to her appointment as City Clerk. Ms. Holman thanked the City Manager for her appointment as City Clerk, and commended retired City Clerk Kay Keck for her generous mentorship during her tenure as Deputy City Clerk. .. PRESENTATION BY PUBLIC WORKS DEPARTMENT ON CAPITAL IMPROVEMENT AND DEVELOPMENT PROJECTS . 7:17 p.m. 3.2 (330-40) Public Works Director Melissa Morton provided an update on Capital Improvement and Development Projects recently completed or currently in construction, and Capital and Operational Improvements planning for the coming year. Vm. Zika asked if Staff would check into the report that the high school students liked to skate on the rubberized sidewalks in front of the high school because it was slippery when wet. He was concerned about safety. PUBLIC COMMENTS 7.25 p.m. 3.3 Mayor Lockhart advised those in the full audience to be seated, asked those who intended to speak to fill out a speaker slip and contain their comments to three minutes. In accordance with state law, no discussion on items not listed on the posted agenda could occur. ern' COUNCIl, MINVTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 331 '''W\\'.fi.du hlin.(,~:l.us Chris Marcoux, Dublin resident, expressed concern about the recent police~involved shooting of two men of Korean descent and stated that this was a Dublin issue, not just a Korean-American issue. He was not here to criticize the police, but to demand a change in Police policy related to dealing with an increasingly diverse community. Joyce Chung, resident of Tri - Valley area, expressed concern about the recent police- involved shooting. Tn her opinion, miscommunication and lack of Police training to deal with the growing Asian community played a role in the situation. An independent investigation needed to take place to make certain that this type of situation never occurred again. Sam Shin, representing the Bay Area Korean Americans Justice Coalition, expressed concern about the deaths of the two men, how authorities treated the two widows, and how the Dublin Police Services and Alameda County Sheriff's Department have handled the situation thus far. The Coalition was calling for an independent, public investigation so the officers involved would be held accountable. There also needed to be community involvement in police training in cultural, linguistic, and mental health sensitivity to help prevent future tragedies. Sungho Suh, Dublin resident, stated that he could no longer live in a City where he could not trust the police. More cultural and sensitivity training, especially regarding the Asian peoples, needed to occur. A clear and fair investigation needed to occur. John Song, Pleasant Hill resident, expressed concern about the officer-involved shootings and stated that a full investigation needed to occur. Miscommunication and language barrier seemed to have been involved. Amy Lam, Dublin resident, stated that, as lifelong resident of Dublin, she has seen the population become more diverse. An incident like this, regardless of the details, concerned her and she hoped that the Police and the City would take an honest look at what happened and take reasonable steps to keep this from happening again. There seemed to be a trend in Asian-involved police shootings that needed to be addressed. -+- crrv (JHT'\(H, l\IIMifES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 I' ,. '-'I" .,'') /''t~J'i" '-, ..J:¡~}... w"'''w .d" dubl i n.I~:';.U~:; CONSENT CALENDAR 7:40 p.m. Items 4.1 through 4.19 The following items were pulled for discussion: 4.11, 4.13 and 4.18. 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 August 16, 2005 and Special Meeting of August 31,2005; Approved (4.2 600-30) Change Order #1 to Fallon Sports Park Design Consultants Services Agreement with Carducci Associates in the amount of $2,500; Approved (4.3 600-30) Change Order #1 to Fallon Sports Park Geotechnical Testing Consultant Services Agreement with Kleinfelder Associates in the amount of $5,000; Authorized (4.4 350-40) use of Envirocycles, Inc., for electronic recycling services; Approved (4.5 600-30) Change Order #2 to Dublin Senior Center Construction Management Consultant Services Agreement with Zahn Group in the amount of $17,787; Authorized (4.6 600-35) solicitation of bids for Contract No. 05-13, Civic Center Fuel Tank Removal; Authorized (4.7 600-35) solicitation of bids for Contract No. 05-12, Civic Center Trellis Painting; Authorized (4.8 600-35) solicitation of bids for Contract No. 05-11, Dougherty Assessment District Fence Painting; ClT'II' COUNCIL MINUTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PA.GE 333 w,,: W .~~ i. flu hi Î n.(~a. u s Adopted (4.9 600~60) RESOLUTION NO.1 77- 05 APPROVING THE FINAL MAP AND IMPROVEMENT AGREI:MENT ASSOCIATED WITII TRACT 7539, PIIASE II -- SILVERA RANCH (pFEIFFI:R RANCH INVESTORS II, INC.) and RESOLUTION NO. 178 - 05 ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEE fOR TRACT 7539 Adopted (4.10 600-60) RESOLUTION NO.1 79 - 05 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7437 Adopted (4.12 600-30) RESOLUTION NO. 180-- 05 APPROVING AGREEMENT WITH THE ZAJ-IN GROUP, INC., FOR FIRE STATION 16 REPAIR f'ROjECT Received (4.14 330~50) Preliminary Financial Reports for the Month of August 2005; Adopted (4.15 600~35) RESOLUTION NO. 181-- 05 ACCEPTING IMPROVEMENTS TO SHANNON PARK CONTRACT NO. 04~ 13 and approved Budget Change in the amount of $20,000; (IT\ COU\lCIL Ml;'IilJTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PiI,Gi': 334 WRH' .4.:i.du h~¡n.f ¡UJ\ Adopted (4.16 320-30) RESOLUTION NO. ] 82 ...... 05 ADOPTINC A REVISED POLlCY FOR CI1ì' INVESTMENTS Received (4.17 100-80) Fiscal Year 2005-2006 Goals & Objectives Status Report and Capital Tmprovement Project (CIP) Schedule; Approved (4.19 300-40) the Warrant Register in the amount of $6,951,169.97. Item 4.11 (600-30) - Approval of Seventh Amendment to Agreement for Legal Services City Attorney Elizabeth Silver advised that she had pulled this item because of an error in the Staff Report under Financial Statement. The sentence, "There would be no change to the rate for general legal services" was incorrect and should be stricken. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote, the City Council approved the Seventh Amendment to the Agreement for Legal Services and authorized the Mayor to execute the amended agreement. Item 4.13 (600-60) - Approval of Improvement Agreement for Quarry Lane School Off~ Site Tassajara Road Improvements Mayor Lockhart advised she had pulled this item to request that the Council consider approving the agreement now, but to authorize the City Manager to execute it on Monday, September 26th in order to allow Dr. Arac time to have the agreement reviewed by his legal counseL Although Dr. Arac had previously signed the agreement, he neglected to have his legal counsel review it and was now requesting that opportunity. City Manager Richard Ambrose advised that the building permit for the Quarry Lane project had been issued predicated upon Dr. Arac's signature on the improvement agreement and receiving bonds from him. Those bonds were not really effective until the Council approved the agreement. If the agreement was not approved by September 26th, the building permit would need to be suspended and work stopped on the site. Staff recommended that the Council consider modifying the resolution to allow the City ('iT\ ('()I:~ICtLMI'\;t:n~S VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAG L 33:" W'\'1'1\ .ti.duhJ ~n.~'a.ml Manager to execute the agreement on or before Monday, September 26th with any minor changes to the agreement that were approved by the City Attorney and the City Manager. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote the Council approved RESOLUTION NO. 183-05 APPROVING THE IMPROVEMENT AGREEMENT FOR QUARRY LANE SCHOOL OFF-SITE TASSAJARA ROAD IMPROVEMENTS including any minor modifications approved by the City Attorney and City Manager; and authorized the City Manager to execute the Improvement Agreement on or before September 26, 2005. Item 4.18 (41 0~55) ~ Update on West Dublin BART Station Project City Manager Ambrose advised this item had been pulled in order to provide the Council with some back.ground information prior to Council consideration of a subsequent agenda item regarding a proposed change to the Dublin Transit Center Master Development Agreement. Economic Development Director Christopher Foss presented the Staff Report and reviewed various components regarding the West Dublin BART Station project, including the Memorandum of Understanding between the City of Dublin and the Bay Area Rapid Transit District, project design and project funding. The Council agreed that the West Dublin BART Station would help relieve traffic congestion on the freeways and be a welcome addition to the downtown area. The project would also generate tax revenues for the Dublin that would exceed the City's contribution to the project. On motion of Cm. McCormick, seconded by Vm. Zika and by unanimo1,ls vote, the Council approved the report. .. CIT"I' rm::\I(]t, .MiNUTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 3% lnn1.· .,\·.i.diJhl¡rtt~l"us PUBLIC HEARING CITY OF DUBLIN WNfNG MAP AMENDMENT. PA 02-069 7:52 p.m. 6.1 (450-20) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that the City Council would consider an amendment to update the Zoning Map. There were four categories of Map modifications being proposed with the aim to: 1) Provide consistency with General Plan Land Use Map; 2) Correct mapping errors; 3) Provide consistency with the 1997 Zoning Ordinance Amendments; and 4) Properly reflect recently~approved rezonings. Vm. Zika expressed concern about Hexcel's property taxes going up if they were being rezoned from Agriculture to Light Industrial, and asked if parcels were taxed based on its use or on its zoning. City Attorney Silver advised that property owners paid taxes on the land and building improvements. Tf someone owned the land prior to Prop 13 and 1978, the land assessment would be very low. Tf the property was purchased after that, the property tax is 1 % of the assessed value, which would be the purchase price and what it cost to construct the building. Vm. Zika stated that he would like Staff to check just to be sure. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the pu blic hearing. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council waived the reading; and introduced an Ordinance amending the Zoning Map to reflect Zoning Ordinance updates and minor map modifications. -+- 01'\' Cm:V-H, ¡¡'UNl:T¡;S VOLUME 24 REGUl,AR MEETING SEPTEMBER 20, 2005 PAGE 337 ri"YW, (:,í..dlJhli "U~~Lt~:\¡ PUBLIC HEARING DUBLIN RANCH AREA H STAGE 2 DEVELOPMENT PLAN AND SITE DEVELOPMENT REVIEW FOR WATER QUALITY CONTROL DETENTION BASIN. PA 05-005 8:03 p.m. 6.2 (410-30) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that the City Council would consider the proposed development of an 11.13~acre area with a Water Quality Pond, open space and landscaping to comply with the requirements of the Regional Water Quality Control Board for storm water treatment for Dublin Ranch. This project included a Stage 2 Planned Development Plan and a Site Development Review. Area H is generally located south of the proposed extensions of Brannigan and Keegan Streets, and the Water Quality Control Basin site is located in the southerly central portion of Area H which abuts T-580. Chris Guillarde, CMG Landscape Architecture and representing the Applicant, made a presentation which reviewed the project description and described how the water basin would work. The movement of the water would reduce odor and keep mosquito larvae production at a low level. The overall planting plan would provide views into the basin and provide shade. The Applicant was committed to working with the City's Public Art Coordinator to provide acceptable public art. The Council and Consultant engaged in a question and answer session regarding how the water basin worked through irrigation runoff and other sources. There would not be public access to the pond; however, there would be a trail system around the water basin that would be fenced with signage to keep people out of pond. The pump system would be located in a sub grade vault and be well-buffered to keep noise at a low level. The plant palate had been approved by resource agencies and commented on by City Staff. The building of this pond would go through next summer. Marty lnderbitzen, representing the Lin Family, advised that the trail would be offered as an amenity, but they were not looking for any park credits. Mayor Lockhart closed the public hearing. Cm. McCormick expressed appreciation for this unique and creative project. ern' COI)NCiL !\11NlrrES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 338 ~.",w,"1.".d.duhlì n.~; iLUS On motion of Cm. McCormick, seconded by Vm. Zika and by unanimous vote, the Council waived the reading; and introduced an Ordinance approving a Stage 2 Development Plan; and adopted RESOLUTION NO. 184-- 05 APPROVING A SITE DEVELOPMENT REVIEW APPLlCATTON fOR A STORM WATER QUALITY CONTROL BASIN ON A PORTION or THE PLANNED DEVELOPMENT DISTRICT KNOWN AS DUBLIN RANCH AREA H LOCATED WITHIN THE EASTERN DUBLIN SPECIFIC PLAN AREA NORTH OF INTERSTATE HIGHWAY 580 AND SOUTlI OF THE PROPOSED EXTENSION OF DUBLIN BOULEVARD, PA 05-005 .. RECESS 8:30 p.m. Mayor Lockhart called for a short break. The meeting reconvened at 8:38 p.m. with all Councilmembers present. .. PUBLIC HEARING SORRENTO AT DUBLIN RANCH AREA F STAGE 1 PLANNED DEVELOPMENT WNING AND STAGE 2 PLANNED DEVELOPMENT ZONING. PA 04-042 8:38 p.m. 6.3 (450-30) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that the Applicant, Toll Brothers, Tnc., as authorized agent for the Lin Family represented by James Tong, was requesting an amendment to PA 01-037 Stage 1 Planned Development Zoning and Stage 2 Planned Development Zoning. The Applicant proposed 1,111 units of medium density residential on 105 acres, 10 individual residential neighborhoods, a 2- acre site for a neighborhood square, a 5-acre site for a neighborhood park, a 10-acre site for an elementary school, and 2 private recreation centers. A Stage 1 Planned Development and Stage 2 Planned Development were being proposed to establish development standards. Area F is located within the Eastern Dublin Specific Plan Area and is generally bounded by the proposed extension of Gleason Drive on the north, (HY C(H);\¡('II_.., :\lll'\l;TFS VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 P:\GE 339 V,'''Irw. Ó. dubiin.(::I ,u;I; Central Parkway on the south, the proposed extension of Brannigan Street on the west and the proposed extension of Lockhart Street on the east. Vm. Zika stated that it was important to make certain that the Homeowners Associations' CC&Rs were rock solid because he had heard of situations where neighborhoods with majority votes were able to dissolve its Homeowners Association. Cm. McCormick asked if there had been discussion about public art. Mr. Porto advised that public art was generally discussed through the process; however, there was one focal feature, at the end of the entrance street to the recreation center, where art was really appropriate. John Paynter, Toll Brothers, stated that this was an incredible project and quite unique to the area, and commended Staff for an excellent job. There was one Master CC&R's for both areas so, ultimately, all of the homeowners would be responsible if one association did not provide for the needs of that area. Cm. McCormick asked about green building. Mr. Porto advised that the project was conditioned to use as many green building alternatives as possible. Mayor Lockhart closed the public hearing. The Council discussed the neighborhoods and bridge and agreed that the project was very creative and would be a wonderful addition to the in Dublin. Cm. Hildenbrand advised that she supported the project; however, Was concerned that "medium density" seemed to be equated as multi-family. She would like to see projects in the future that would provide more opportunity for smaller detached single-family homes with little yards. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council waived the reading and introduced an Ordinance adopting an amendment to Stage 1 Planned Development Zoning and Stage 2 Planned Development Zoning for Sorrento at Dublin Ranch Area F East and Area F West. .. CITV (UI)N(]LM1Nt:1ES VOU,iME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 340 \':\'/"y.d. duhlin.tn.wi PUBLIC HEARING AU1HORIZATION FOR CITY OF DUBLIN TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM , 9:15 p.m. 6.4 (390-20) Mayor Lockhart opened the public hearing. Economic Development Director Christopher Foss presented the Staff Report and advised that the City Council would consider joining the Statewide Community Tnfrastructure Program (SCTP) to enable property owners to finance certain development impact fees for public capital improvements imposed on new development. The proposed resolution would authorize the City to join the SCIP, authorize the California Statewide Communities Development Authority to accept applications from property owners for non~residential developments, and conduct special assessment proceedings and levy assessments within the territory of the City of Dublin. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 185 - 05 AUTIIORlZING HIE CITY TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM AND AUTHORIZING THE CALIFORNIA STATEWIDE COJ\.;L,\1UNITlES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROT'ERTY OWNER'; FOR NON-RESIDENTIAL DEVELOPMENTS, CONDUCT SPECIAL ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS WITHIN THE TERRITORY OF THE CTW OF DUBLIN AND AUTHORIZING RELATED ACTIONS .. (Try C'(Hì:'<J(]I, MINti'n:S VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 341 "V1VW .l',i.duhli!'u,: ;~"u~; PUBLIC HEARING DUBLIN TRANSIT CENTER AMENDMENT TO MASTER DEVELOPMENT AGREEMENT. PA 00-013 9:20 p.m. 6.5 (600~60) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that the City Council would consider an amendment to the Master Development Agreement for the Transit Center between the City of Dublin and Alameda County Surplus Property Authority. The proposed amendment of the Development Agreement would set forth the affordable housing obligations of the project in the event that 300 additional residential units were constructed within the Transit Center. The Dublin Transit Center project area is located generally within the area of the Iron Horse Trail to the west, Dublin Boulevard to the north, Arnold Road to the east, and 1-580 to the south. Pat Cashman, Alameda County Surplus Property Authority, advised that the Alameda County Board of Supervisors had approved an amendment to their agreement with BART where they agreed to participate in the West Dublin BART Station funding under the same terms as the City. As a clarification, the County was still building 13.9% under the regular inclusionary requirements. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote, the Council waived the reading and introduced an Ordinance approving Amendment to the Dublin Transit Center Master Development Agreement .. PUBLIC HEARING EXTENDING AN URGENCY ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION or MEDICAL MARIJUANA DISPENSARIES 9:29 p.m. 6.6 (560-60) Mayor Lockhart opened the public hearing. City Attorney Elizabeth Silver presented the Staff Report and advised that at its August 16, 2005 meeting, the City Council adopted a 45~day moratorium on medical marijuana CITY COUNC'lL MINVTES VOLlJME 24 REGULAR MEETING SEPTEMBER 20, 2005 '> A ····"(,2'7 I i' t.. ".,..~. ";"~~.:'~y, d. d II h ¡ ¡ n ,(, ~i_ \,~ ~ dispensaries within the City expires on September 30, Z005. The Council may extend the moratorium for up to a ten month and fifteen day period by a 4/5 vote; however, Government Code section 65858(d) requires that the City Council issue a written report of the measures taken to alleviate the conditions that led to the adoption of the moratorium at least 10 days prior to the expiration of the urgency ordinance. The City Council directed Staff during this interim 45-day period to hold internal meetings and to undertake fact-gathering from Alameda County cities and neighboring jurisdictions relative to possible options available to regulate medical marijuana dispensaries and this process is underway. Staff and the City Attorney are working on a comprehensive report to the Council that will provide information regarding the actions taken by Alameda County cities and the cities of San Ramon and Danville, as well as the County of Alameda; will provide information regarding issues associated with medical marijuana dispensaries; will provide information regarding the uses of marijuana for medical purposes; will provide information regarding the law affecting medical marijuana in California; and will describe the options available to the Council. The staff proposes to present this report to the Council at a Council meeting which will be advertised in the community in order to obtain community input at the meeting on -the issue of medical marijuana dispensaries. After the Council has received community input, Staff will ask the Council for direction regarding possible regulation of medical marijuana dispensaries, with options spelled out for the Council. Those options were anticipated to include regulating the location of such dispensaries through zoning code amendments and requiring a regulatory permit; doinz nothing; or banning such dispensaries. . Cm. McCormick asked if the Council wou ld get the report before the 10 month extension ended. City Manager Ambrose advised yes. Cm. McCormick asked, on behalf of a constituent, why governmental agencies do not dispense medical marijuana as a controlled substance to keep more control. City Attorney Silver advised that Staff would include those types of questions and answers in the report. Mayor Lockhart asked that Councilmembers be allowed to transmit questions to be answered in the report to the City Manager. City Manager Ambrose agreed. CITY Cmi,\¡CIL 'IINtnl':S VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAC F: 343 www..t:Î.duh¡¡n.c a^ II ~ Cm. Oravetz stated that he would like to see a more fair and balanced report be issued, which included the benefits of having a medica] marijuana dispensary in the community. The Council concurred. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 22 - 05 AN URGENCY ORDINANCE MAKING fINDINGS AND EXTENDING A MORATORIUM. ON THY: ESTABLISHMENT AND OPERATION or MEDICAL MARIJUANA DISPENSARIES TO BECOME EfFECTIVE IMMEDIATELY and, on motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council approved the report required by Government Code 65858(d). .. PRESENTATION OF THE FINAL REPORT FOR THE RECREATIONAL AND CIVIC FACILITIES ASSESSMENT FOR THE CAMP PARKS PROTECT AREA . 9:38 p.m. 7.1 (420-20) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that at its meetings of February 15 and March 15, 2005, the City Council discussed possible future park and public facilities in the Camp Parks Project Area (187 acres of property that the Army is considering transitioning over to private development). The Council would hear a presentation and participate in discussion of alternative concepts for a future public facility to be included in the 187 -acre Camp Parks Project Area. Susan Goltsman, Consultant Moore Tacofano Goltsman (MIG), outlined the concept for the Camp Parks project. M]G's report examined the concept of "placemakil1g" and formulated a strategy for the City to consider when examining the Camp Parks property. The concept of "placemaking' was developed as the practice of creating human ~scale (:]1'\' (~()t.;N(.·II, MiNIJTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 344 ~"WW .,e¡, {In hiirL 1;:,1:1, I:~ places that respond to community needs and increase community connection. A theme was important to create a vibrant public space, and possible themes would be arts and culture, food and games based on MIG's research. The suggested themes were meant as a menu of options. Mayor Lockhart suggested that public comment be heard at this meeting, but before making a decision, she would like input from the Parks & Community Services and Heritage & Cultural Arts Commissions. The Council concurred and asked that each Commission rank their preferences of the themes. Combinations of themes could be considered, as well. Ms. Lowart recommended that the Senior Center Advisory and Youth Advisory Committees review and comment on the plan, as well. The Council concurred. No public comment was received relative to this issue. City Manager Ambrose advised that the Army had advised that the final Master Plan and Developer selection was planned to occur in March or April 2006. One of the important aspects of the Council's ultimate decision would be to tell the Army what the Council would like to see in that development or how much acreage the Council would like set aside for public uses. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council continued the item to a future Council meeting in order to allow the various Commissions and Committee the opportunity to review and comment. .. PROPOSED nRST TIME HOMEBUYER LOAN PROGRAM 9:58 p.m. 7.2 (430-60) Housing Specialist Julia Abdala presented the Staff Report and advised that the City Council had been interested in the development of a first time homebuyer program for several years. The Housing Element adopted on June 3, 2003, contains a policy to provide opportunities for first time homebuyers to purchase homes in Dublin. Staff was en" ('Ot'NCU ,i\HN[I' '!,:S VOUJME 24 REGULAR MEETING SEPTEMBER 20, 2005 P/\GE 345 ~1"rH\.. .ri.. duhliu.t"jl.J,Hi requesting the Council to review and discuss various features that reflect policy directions in the proposed First Time Homebuyer Loan Program. Mayor Lockhart noted the complexity of the issues and recommended that the Council study the program in a workshop setting open to the public with the Planning Commission, so Council had a little more feedback from the residents. The Council concurred and provided Staff with direction as to what to include in the report, such as a grid of other model programs and some examples of how unit costs, income levels and lending rates would impact the limits. On motion of Mayor Lockhart, seconded by Cm. Oravetz and by unanimous vote, the Council directed Staff to arrange for a Joint City Council/Planning Commission workshop. City Manager Ambrose suggested attaching the joint meeting to a regular Planning Commission meeting. The Council concurred and directed Staff to arrange the workshop 111 the Regional Meeting Room. ... GRANTING CONSENT TO THE CTTY OF PLEASANTON TO FORM THE TRI~ VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 10:11 p.m. 8.1 (470-50) Economic Development Director Christopher Foss presented the Staff Report and advised that, in order to streamline the process of forming a Tri-Valley Tourism Business Tmprovement District (TVTBTD) for the four Tri-Valley cities, the City Council will consider granting Dublin's consent to the City of Pleasanton to form the Tri-Valley Tourism Business Tmprovement District. Once consent has been given by Dublin, Livermore and San Ramon, the City of Pleasanton would be responsible for all noticing and meeting requirements for the formation of the Business Tmprovement District. The creation of the TVTBTD would also allow the City of Dublin to re-allocate the funds annually provided to the Tri-Valley Convention and Visitors Bureau to other civic functions and activities. ern' COliNe]L MINUTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 P,\GE 34(, \'t:.\\, \\, ,,\;i. d ul) I ï I~. r 'ì.1: ~~ Cm. Oravetz asked who would monitor the taxpayers dollars put into the proposed District. Mr. Foss advised that there would be no government funding; the money would come through an assessment on private businesses. John Lambeth, Downtown Resources, explained how the Improvement District would function, including oversight and annual review and reporting mechanisms. Vm. Zika expressed concern about Dublin hotels not having enough votes to opt out or dissolve the District if it was not working out for them. He asked for a 5-year sunset provision to be included. Mr. Lambeth clarified that the District was already structured to automatically sunset at 5 years, and the only way to continue it would be to go through this process again to extend it from 0 ~ 10 years. At that time, Dublin could also decide to opt out. City Attorney Silver advised that, under State law, a collaboration like this must terminate in 5 years. In order to create a new one, the Council would have to take action. Cm. McCormick asked if any of the hotels had raised concerns. Amy Blaschka, Executive Director of the Tri-Valley Convention & Visitors Bureau, advised that no hotels have outright opposed the plan. Most of those that she had talked to are leaning toward supporting the plan. Vm. Zika stated that the Cities have the ultimate fiduciary responsibility for the $1 per night that the tourists would have to pay. City Manager Ambrose advised that the fiduciary responsibility would be on the hotels, as the District members. The Council discussed the pros and cons of the proposed plan. If a majority of hotels signed the petition, it would be mandatory for all to join. Ms. Blaschka advised that the opportunity would be there for the four Cities to remain members of the Tri-ValIey Convention and Visitors Bureau and perhaps sit on the Board as voting members. CITY COt!:--J(:IL !VU'\il'IES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 U,' '-'Ji">,'''' C ,'"\,'1.._,", _" ..r- t I -n \fW.f¡. .¡Juhlb~,i..'a.us On motion of Mayor Lockhart, seconded by Cm. McCormick and by majority vote (Cm. Oravetz opposed), the Council the Council adopted RESOLUTION NO. 186 - 05 GRANTING CONSENT TO THE CI1ì' OF PLEASANTON TO FORM THE TRI-VALLEY TOURISM BUSINESS IMf'ROVEMENT DISTRICT (TVTBID) .. AMENDMENT TO RESOLUTION NO. 22-98 EXTENDING USE or A "PERMIT PARKING" AREA TO THE CUL~DE~SAC END OF SCARLETI COURT TO INCLUDE TAXI CABS FOR THE RlDENOWPILOT PROJECT . 10:31 p.m. 8.2 (570-20) Public Works Director Melissa Morton presented the Staff Report and advised that the City Council would consider allowing the Alameda County Congestion Management Agency (CMA) to use the cul-de-sac end of Scarlett Court as a taxi pick-up area as part of the Guaranteed Ride Home Program for participants of the CMA-sponsored lVdeNow Pilot Project. This project is intended to encourage use of BART for commute purposes by matching drivers and riders electronically to carpool to and from the East Dublin/ Pleasanton BART Station. The guaranteed taxi ride home service will insure that RideNow participants will be able to get home if they miss their rides by using free taxi cab service. Beth Walukas, Congestion Management Agency Consultant, outlined the proposed RideNow program. The goal was to reduce traffic congestion and encourage ridership on BART. The Scarlett Court cul-de-sac was the only pcssible location for taxi pick-up. If the cul~de~sac was utilized, a street light in the cul-de-sac was needed, and the CMA had agreed to help fund it. Ms. Morton advised that the Council would consider amendments to Resolution No. 22~ 98 to incorporate a parking area for taxi pick-up. The taxis would only come if someone needed a ride and was matched through the Program. Staff also recommended a new street light for safety purpcses, estimated at $5,000 - $7,500. If the program did not work out, the street light would still be a good addition for City Corp Yard illumination. (lr,- ('()lrNCILMINt!TES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 34H \yww.d.Uub!in.¡¡;;LU.f.i The Council and Consultant engaged in a question and answer session regarding the program. Safety was a concern, and the CMA hoped the registration process would help with that issue. On motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 187- 05 AMENDING RESOLUTION NO. 22-98 EXTENDING lJSE or A PI:RMTT PARKING ARI:A AT THE CUL-DE-SAC END OF SCARLETI' COURT TO INCLUDE TAXI CABS FOR THE RIDEIVOWPILOT PROJECT and approved a Budget Change in the total amount of $7,500 to the Traffic Signal and Street Lighting Operating Budget for Fiscal Year 2005~2006. .. APPROVAL OF SECOND AMENDMENT TO SUBUCENSE AGREEMENT BETWEEN CITY OF DUBLIN AND EAST BAY REGIONAL PARK DISTRICT CONCERNING MAINTENANCE AND OPERATION OF mE IRON HORSE TRAIL AND ALAMO CANAL TRAIL TO ADD mE TASSAJARA CREEK REGIONAL TRAIL 10:42 p.m. 8.3 (600-40) City Engineer Mark Lander presented the Staff Report and advised that the City entered into a Sublicense Agreement with the East Bay Regional Park District in 1995 assigning the City's responsibility for maintenance and operation of the Iron Horse Trail and Alamo Canal Trail, located on Zone 7 property and governed by a License Agreement between the City and Zone 7, to the Park District. The City entered into a Replacement License Agreement with Zone 7 in February 2005 that added the Tassajara Creek Regional Trail to the license. The Second Amendment to the Sublicense Agreement would assign maintenance and operation of the Tassajara Creek Trail to the Park District. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 188 - 05 APPROVING SECOND AMENDMENT TO SLJBLlCENSE AGREEMENT FOR ALAMO CANAL (LINE 7F), SOUTH SAN RAMON CREEK (LINE 7J), LINE 7JG, AND TASSA ARA CREEK REGIONAL TRAIL . , . BETWEEN CITY OF DUBLIN AND EAST BAY REGIONAL PARK DISTRICT (ITY eOIIN('IL :VU;\'lTLS VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PACE 349 v¡J·n~ ,.ti.du hj¡~~.ra.I,I~~ .. RESOLUTION WELCOMING THE VALLEY CHILDREN'S MUSEUM TO THE TRI~VALLEY REGION 10:45 p.m. 8.4 (950-60) City Manager Richard Ambrose presented the Staff Report and advised that at its May 26, 2005 meeting, the Tri~Valley City Council (comprised of the City Councils of the Cities of Dublin, Livermore, Pleasanton and San Ramon, and the Town of Danville) received a presentation by Valley Children's Museum representatives relative to their desire to build and operate a Children's Museum in the Tri.Valley. At that meeting, the Tri-Valley City Councils agreed that each City would consider, at a City Council meeting of their respective cities, adopting a resolution of support welcoming Valley Children's Museum to the Tri~Valley region. Mayor Lockhart stated that the Valley Children's Museum would be a welcome addition to the community. On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 189- 05 WELCOMING THE VALLEY CI-IILDRI;N'S MUSEUM TO THE TRI-VALLEY REGION .. CONSIDERATION OF A COMMEMORATIVE INSCRIPTION IN MEMORY OF FORMER VICE MAYOR DAVE BURTON 10:46 p.m. 8.5 (610-50) City Manager Richard Ambrose presented the Staff Report and advised Mayor Lockhart is requesting that the City Council consider commissioning a commemorative inscription in memory of former Vice Mayor Dave Burton. The inscription, which would cost $100, would be engraved on a concrete bench leading up to the Public Safety Memorial located in the courtyard of the Civic Center. (Try (UtiNCiL MINtiTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 350 V.. '~\',{\".I'Ldubli 11.l..'a.u~" On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council approved the request to commission a commemorative inscription in memory of former vice Mayor Dave Burton. .. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2005 LEAGUE OF CALIFORNIA CITIES CONFERENCE AND THE PROPOSED VOLUNTARY STATEWIDE RESIDENTIAL GREEN BUILDING GUIDELINES RESOLUTION THAT WILL BE PRESENTED AT THE LEAGUE OF CALIFORNIA CITIES CONFERENCE 10:47 p.m. 8.6 (610-40/660-40) Assistant City Manager Joni Pattillo presented the Staff Report and advised that it had become necessary for the Mayor to re-appoint a new Voting Delegate and Alternate to the League of California Cities before the annual conference in October 2005. Tn addition, there was a request from Councilmember McCormick that the Council consider sending a letter to the League of California Cities stating the City of Dublin's support of the proposed Voluntary Statewide Residential Green Building Guidelines. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council: 1) Confirmed the appointment of Mayor Lockhart as Voting Delegate and Councilmember McCormick as Alternate for the League of California Cities 2005 Annual Conference, and directed Staff to notify the League of the appointments; and 2) Authorized the Mayor to send a letter of support on behalf of the Dublin City Council that would indicate the City of Dublin support on the Proposed Resolution Relating to Voluntary Statewide Residential Green Building Guidelines that will be presented at the 2005 League of California Cities Annual Conference. +- flNANCIAL ASSISTANCE FOR THE HURRICANE KATRINA RELIEF EFFORTS 10:51 p.m. 8.7 (150-10/110-30) Assistant City Manager Joni Pattillo presented the Staff Report and advised that Mayor Lockhart had requested that $20,000 in financial assistance be sent to the American Red Cross to aid the Hurricane Katrina Relief Efforts based on the criteria that it serves a public purpose. In addition, Staff proposed outreach efforts within the Dublin community, which included posting the information on the City Website with a direct ('Ill COUN(]L MI"inTS VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 351 \¡: WH .ci.dublin.ti1.us link to the American Red Cross; various media releases on the City's contribution on behalf of the Dublin community to the Katrina Hurricane Relief Efforts, and a City phone line for 30 days to help facilitate contributions to this disaster efforts. Mayor Lockhart advised that, since her request to place this item on the agenda, other programs and relief efforts had come to her attention and suggested that a subcommittee be formed to investigate and study other programs. The subcommittee could then return to Council with support recommendations. She suggested that the subcommittee include the Assistant City Manager, Public Works Director, Cm. McCormick and herself. Vm. Zika recommended that the $20,000 be appropriated now, and allow the subcommittee to make a determination of how it is to be used so the donations would not have to wait until after the next Council meeting. The Council discussed the suggestion and concurred. Assistant City Manager Pattillo asked Legal Counsel to make a determination as to whether the Council could appoint a subcommittee, as the agenda did not state as such. City Attorney Silver advised that the agenda description did not specifically refer to forming a subcommittee; however, the description was broad enough to encompass Council's direction. Ms. Pattillo clarified that the Council was directing Staff to hold off on the outreach efforts until the subcommittee had the opportunity to make its recommendations. The Council concurred. On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council approved a $20,000 appropriation from the City's Contingent Reserve to aid with the Hurricane Katrina Relief Efforts based on the criteria that it served a public purpose by providing potential reciprocal benefits and to be utilized as designated by the Subcommittee; and approved the proposed outreach efforts. +- eIT\' ('C)t:NC!L :\II'-iFfE:S VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 352 w'Irw,fi.dubl¡n.('a.Uf¡ DESIGNATION OF AGENCY LABOR NEGOTIATORS - UNREPRESENTED EMPLOYEE: CITY MANAGER 11:00 p.m. 8.8 (110-30/600-30) City Manager Richard Ambrose presented that Staff Report and advised that this item provided fór the designation of two members of the City Council as the City's representatives to discuss conditions of employment, including salary and fringe benefits, for the City Manager. Mayor Lockhart suggested that Cm. Hildenbrand and Cm. McCormick serve on the committee. On motion of Mayor Lockhart, seconded by Vm. Zika and by unanimous vote, the Council designated Cms. Hildenbrand and McCormick as City Representatives to negotiate with the City Manager. .. ornER BUSINESS 11:02 p.m. 9.1 City Manager Richard Ambrose reminded the Council that the Tri-Valley Council meeting would be held on the evening of September 29, 2005. The Council was also invited to attend a bus tour as a kick-off to the new Leadership Academy on Saturday, October 8th at 9:00 a.m. Cm. Oravetz advised that he attended the League East Bay Division meeting last week, as well as an Alameda County Library Commission meeting. Vm. Zika commended Assistant to the City Manager Julie Carter and Staff for coordinating an excellent City Hall~on-the-Glen event, as well as the entire Day-on~the- Glen FestivaL The Council concurred. Cm. McCormick advised that she had also attended the League Division meeting, which was very informative. She commended Mayor Lockhart for representing Dublin so well at the Tri-Valley Mayors' Summit today. She had also been elected to the ABAG Hazardous Waste Management Committee. ('1'1"'1 (:()t;!\("IL !\TINlf"fES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE 353 \\ l\'w.('.i.duh!.in.t.t.ulIi Mayor Lockhart commended Staff for a wonderful Day~on-the-Glen event; she had received a lot of positive feedback from the community. She confirmed that the Councilmembers had received an invitation to the October 14th Tri-Valley Interfaith Poverty Forum honoring Dublin Housing Specialist Julia Abdala, as well as surrounding Housing Specialists, and asked if any were planning to attend with her. vice Mayor Zika and Council member Hildenbrand advised that they would attend. +- CLOSED SESSTON 11:15 p.m. The Council reconvened to Closed Session to discuss Items 2. Following the Closed Session, Mayor Lockhart announced that no action was taken. ..... ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 11 :35 p.m. Mayor Janet Lockhart ATTEST: Fawn Holman, City Clerk ~,~ ..~ (Tr'l COt:NerL I\HNU'rES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PAGE Y;4 \n'l"~, .ti. (hd,~in.t:l.ul,O