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HomeMy WebLinkAbout4.01 Draft CC 6-6-06 Min I fb ;.l-- MINUTES OF THK Crn' COUNCIL OF THK Crn' OF DUBLIN REGULAR MEETING - JUNE 6. 2006 CWSED SESSION A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL -. EXISTING LITIGATION Government Code section 54956.9, subdiviSlon a Name of case: City of Dublin v. Stover et aI, Alameda Superior Court No.VG06Z64764 II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code section 54956.8 Property: 6500 Dublm Blvd., Dublm Agency negotiator: City Manager Negotiating partles: Larry Phsskm Under negotiation: Holdover agreement (rental agreement) III. PERSONNEL - Government Code Section 54957.6(a) - Conference with Agency Labor Negotmtor Richard Ambrose, City Manager - Unrepresented City Employees: Assistant City Manager City Engineer Administrative Analyst II Administrative Aide Assistant Civil En~ineer 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 Technician II Senior Planner Finance 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 Preschool Instructor Finance Manager Public Works Inspector Information Systems Manager Recreation Coordinator DUBLIN CITY ('nUNC'lL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PM;E 175 ~W-2D"", Lf-.l \'J 21J 1-?- Parks & Community Services Director Recreation Technician Parks & Facilities Development Manager Secretary PlannIng Manager Secretary to the city Manager/Deputy City Clerk Public Works Director/ Senior Finance Technician Assistant City Engineer Senior Office Assistant Housing Specialist Scnior Building Inspector Parks & Community Services Manager Heritage & Cultural Arts Supervisor Parks & Pacilitics Development Coordinator Information Systems Technician I Geographic Information System Coordinator Information Systems Technician II Code Enforcement Officer Senior Plan Checker IV. PUBLIC EMPLOYEE PERFORlVlANCE EVALUATION Government Code section 54957 Title: City Attorney v. CONFERENCE WITH LABOR NEGOTIATORS Government Code section 54957 Agency designated representatives: Mayor Lockhart and Councilmember Hildenbrand Unrepresented employee: City Attorney . A regular meeting of the Dublin Clty Council was held on Tuesday, June 6, 2006, in the Council Chambers of the Dublin CiVlc Center. The meeting was called to order at 7:10 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormlCk, Oravetz and Zika, and Mayor Lockhart. ABSENT: None . PLEDGE OF ALIJ;GIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. +- REPQRT ON CW~E.D ~ESSIQN ACTION Mayor Lockhart advised that no action was taken during Closed SesslOn. . DUBLIN CITY CnUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 176 ~ 311 "}.", ORAL COMMUNICATIONS Report on 2006 Dublin Pride Week Activities and Recosmition of Poster Contest Winners and Dublin Pride Partners 7:11 p.m. 3.1 (I 50-80) Hentage & Cultural Arts Supervlsor John Hartnett presented the Staff Report and provided a SynOpSiS of activlties accomplished dunng the 2006 Dublin Pride Week Event and advised that approximately 110 community volunteers donated sigmficant time and energy to community clean up and beautification projects on volunteer Day, and nearly 740 entries were submitted for the poster contest. Dublin Pride Week Poster Contest Wmners included: Grand Prize Winner, Joshua Fernandez, 7th Grade, Wells Middle School; Classroom Award, Mrs. Debbie St. James, Teacher, Wells Middle School; First Prize Winners: Amanda Chau, 1'( Grade, Fallon School; Christopher Daleiden, 2nd Grade, Dougherty Elementary; Beverly Fu, 5th Grade, Dougherty Elementary; Justin Brunnett, 7th Grade, St. Raymond School; and Jessica Zabor, 12th Grade, Valley High SchooL The following Dublin Pride Partners mvolved m 2006 Dublin Pride Week were recognized and presented with Certificates of Appreciation: Amador Valley Industries, Dublin Chamber of Commerce, Dublin/San Ramon Women's Club, Citilinks, Tri-Valley Herald, Lmdsay Wildlife Museum, Dublin Lions Club, and Senior Su pport Program of the Tn-Valley. . Aooointment of Tenant Commissioners to the Dublin Housinll: Authority 7:25 p.m. 3.2 (I 10-30) Clty Clerk Fawn Holman presented the Staff Report and advlsed that the Dublin Housing Authority (DHA) was created by the Clty to oversee the operation of the Arroyo Vista housing proJect. In accordance wlth State law, the DHA Board lS comprised of the City Council and 2 Tenant Commissioners, one of whom must be over the age of 62. Mayor Lockhart recommended the reappointment of Ramona Frydendal and the appointment of Launanne Behrens as Tenant Commissioners with terms ending on May 31, 2008. DUBLIN CITY COlTNCIL MINUTES VOLUME 25 REGULAR MEETING .June 6, 2006 PAGI'~ 177 ~ Lft ~l-. On motion of Cm. Zika, seconded by em. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 77 - 06 APPOINTING TENANT COMMISSIONERS TO THE [)UBLIN HOUSING AUTHORITY TO TERMS EXPIRING MAY :.n, 2008 . ADDOintment of Dublin Member to LAVTA's WHEI:LS Accessible Advisory Committee 7:27 p.m. 3.3 (I 1O~30) City Clerk Fawn Holman presented the Staff Report and adVised that the WHEELS Accessible AdvIsory Committee (W AAC) was an advisory commlttee to the Livermore Amador Valley Transit Authority (LAVTA) Board of Directors on matters regardlng the usability of the WHEELS bus system. Each member agency appoints two regular members and one alternate to thiS committee. Mayor Lockhart recommended the appointment of current W AAC alternate Shawn Costello for a two-year term (expiring June 2008) as one of Dublin's member representatives. Mr. Costello's appointment to full membership status would leave the alternate member seat vacant. There were no applicants to fill the vacancy at thiS time. On motion of Cm. McCormick, seconded by Vm. Oravetz and by unammous vote, the Council confirmed the Mayor's appointment of Shawn Costello as a member With a 2-year term expiring in June 2008. .. Appointments to Housinst Committee as a Two-Year Pilot Program 7:28 p.m. 3.4 (I 1 0~30) City Clerk Fawn Holman presented the Staff Report and advised that, at its March 21, 2006 meeting, the City Council established a Housing Committee as a two-year pilot program. At that time, the Council determined that the Committee should be comprised of 2 members from the hOUSing/development community, 2 members from the Dublin business community, and 3 members from the Dublin residential community. Mayor Lockhart recommended the appointments of: Housing/Development Representatives Kathy Avanzino and Dale Garren; Dublin Business Representatives Ronald DeDiemar and DlJBLlN CITY COUNCIL MINl1TES VOLUME 25 REGULAR MEETING June 6, 2006 P/\Gt<: 178 ~ 5 rSb'i1- Steve Murdock; and Dublin ReSldent Representatives Lynn Locke, Chnstme Kaehuaea, and Mary Rose Parkman. On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanimous vote, the Council confirmed the Mayor's appointments to the Housing Committee with 2-year terms explrIng m June 2008, after which time the Council will evaluate the pilot program. . Public Comments 7:30 p.m. 3.5 No comments were made by any member of the public at thlS time. . CONSENT CALENDAR 7:30 p.m. Items 4.1 through 4.19 Mayor Lockhart pulled Item 4.17 for discussion. On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of May 16,2006; Adopted (4.2 600-30) RESOLUTION NO. 78 - 06 APPROVING AGREEMENT WITH JAMES & ELINOR LANGE, SUSAN PLISSKIN, LAWRENCT: PLISSKIN, STEVEN & JUDITH GOLDMAN, AND GREEN BEAR, LLC, fOR THE LEASE-BACK OF A PORTION OF PROPERTY LOCATED AT 6500 DUBLIN BOULEVARD DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGllLAR MEETING June 6, 2006 PAGE 179 ~ Adopted (4.3 600-30) RESOLUTION NO. 79 - 06 APPROVING CONSULTING SERVICES AGREEMENT WITH ASSOCIATED ENGINEERING CONSULTANTS, INCORPORATED, FOR CONSTRUCTION INSPECTION SERVICES Adopted (4.4 600-030) Adopted (4.5 600-30) RESOLUTION NO. 80 -. 06 APPROVING AMENDMENT TO AGREEMENT WITH RI~F CONSULTING RESOLUTION NO. 81 - 06 (p i1fJ 1- ~ APPROVING AMENDMENT TO AGREEMENT WITH PERMCO ENGINEERING AND MANAGEMENT FOR ENGINEERING SERVICES Adopted (4.6 600-30) RESOLUTION NO. 82 - 06 APPROVING AMENDMENT TO AGREEMENT WITH ZUMWALT ENGINEERING GROUP FOR ENGINEERING SERVICES Adopted (4.7 600-35) RESOLUTION NO 83 - Of; ACCEPTING IMPROVEMENTS TO EMERALD GLEN PARK- PHASE III Adopted (4.8 600-30) RESOLUTION NO. 84 - 06 AMENDING THE CONSULTING SERVICES AGREEMENT WITH R3 CONSULTING GROUP DUBLIN CITY COUNCIL MINlJTES VOLUME 25 REGULAR MEETING June 6, 2006 P<\GE 180 - '7'1J . '" z.. Adopted (4.9 570~20) RESOLUTION NO. 85 - 06 REPEALING ONE-HOUR PARKING ZONE ON EAST SIDE or CLARK AVENUE NORTH OF DUBLIN BOULEVARD Adopted (4.10 600-30) RESOLUTION NO. 86 - 06 APPROVING AMENDMENT TO AGREEMENT FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES WITH TRUGREEN LANDCARE Adopted (4.11 600-35) RESOLUTION NO. 87 - 06 ACCf,PTING SENIOR CENTER FURNITURE, CONTRACT NO. 05-04 Adopted (4.12 600-60) RESOLUTION NO. 88 - 06 ACCEPTANCE OF IMPROVEMENTS FOR KOHNEN WAY IN DUBLIN RANCH AREA F AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES WalVed reading and adopted (4.13 450-30) ORDINANCE NO.7 06 PREZONING THE FALLON CROSSING PROJECT SITE TO THE PLANNED DEVELOPMENT DISTRICT AND APPROVING A RELATED STAGE 1 DEVELOPMENT PLAN PA 04-01 G DUBLIN ('ITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 181 ~ '6 trfJ 2 Z- Adopted (4.15 600-30/670-20) RESOLUTION NO. 89 ~ 06 APPROVING AGREEMENT WITH ANDREA G. STOVER, FORMERLY ANDREA G. LEE, AS TRUSTEE OF THE ROBERT K. LEE MARITAL TRUST FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE LOCATED AT 6457 DUBLIN COURT And authorized the City Manager to issue a check in the amount of $180,583 payable to Chicago Title Company for deposlt Into escrow; Adopted (4.16 600-30) RESOLUTION NO. 90- 06 APPROVING A CONSULTING SERVICES AGREEMENT WITH A.S. DUTCHOVER & ASSOCIATES ON AN AS-NEEDED BASIS FOR LANDSCAPE ARCHITECTURE SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO THE PROCESSING AND IMPLEMENTATION OF DEVELOPMENT PROJECTS Adopted (4.18 600-30) RESOLUTION NO. 91,- 06 APPROVING EXTENSION OF AGREEMENT WITH CSG CONSULTANT SERVICES FOR FIRE INSPECTION AND THE ADDITION OF PLAN CHECK SERVICES Approved (4.19 300.40) the Warrant Register In the amount of $1,239,248.76. Mayor Lockhart pulled Item 4.17, Approval of Agreement with John B. Lucero for Contract Housing Services in the Community Development Department, and congratulated Housing Specialist Julia Abdala on her upcoming retirement and thanked her for her excellent work in getting Dublin's housing program started. Mayor Lockhart asked when Mr Lucero would begin his contract work, and expressed concern if he was starting after Ms. Abdala 's retirement. City Manager Richard Ambrose advised that, if approved. the agreement would be effective immediately and Mr Lucero would start prior to Ms. Abdala's departure in order DUBLIN CITY COUNCIL MINUTES VOLUME 25 REG1ILAR MEETING June 6, 2006 PAGE 182 ~ '1tt?2-- to bring him up to speed with the various programs. Mr. Lucero's work wouldfil/ the gap during the recruitment process. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted R.ESOU!'l10NNO 92- 06 APl'JWPNCi AN AGRF.RMENT BETWREN l'HR CITY OJ' DUBLIN ANn JOHN R U T( .'h"RO AN[l A UTllOHlZING Hil!- CiTY MANAGER TO SiGN THR AGHEF.MENT The Council thanked Ms. Abdala for her commitment to the City of Dublin and wished her well in her retirement. .. WRITrEN COMMUNICATIONS - None . PUBLIC HEARINGS Public Hearing Prooosed Ordinance Prohi,bitiruz: the Oneration of Medical ,Matijuana Disnensaries 7.34 p.m. 6.1 (560N60) Mayor Lockhart opened the public hearing. ASSOClate Attorney Leah Peachey presented the Staff Report and advised that on August 16, 2006, the City Council adopted a 45Nday moratormm on medical marijuana dlspensaries wlthin the City of Dublin. On September 20, 2005, the Council extended the moratorium for a period of ten months and fifteen days to allow the City time to review options for addressing medical marijuana dispensanes. On May 2, 2006, Staff presented the City Council with a report including background information, legal analysis, surveys of surrounding communities and secondary impacts of medlcal marijuana dispensaries, as well as several options for addressing medical marijuana dispensaries. The City Council unanimously voted to direct Staff to return to the Council with an Ordmance prohibiting medical marijuana dlspensanes within the City. Glenn Whlte, Dublin reSident, expressed hlS opposition to the proposed Ordlnance and Indicated that, although there was some controversy between State and Federal laws, his DllBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 183 ~ \ D7fb 7. V understandlng of the 10111 Amendment of the U.S. Constitution was that lf the Constitution did not specify something exactly, It was up to the States to declde. The U.S. Constitution did not address medICal marijuana, and California had decided that it was legal. Unless there was Interstate commerce proven, the Federal government did not have a nght to regulate medical manjuana. Mayor Lockhart advised that the Council's previous discussion on the Issue revolved around the fact that the Council believed that there were probably legitimate users of medical marijuana and it would benefit them. The Council also noted that there were three dispensarIes within 12 miles of the commumty, and was the Council's baS1S for statIng that there was not a need for it In Dublin. Mayor Lockhart closed the public hearing. Cm. McCormick noted that the issue boiled down to the conflict between the State and Federal government, and that there were other facilities In the reglOn available to those In need. On motion of Cm. Zika, seconded by Vm. Oravetz and by unammous vote, the Council walved the first reading and introduced an Ordmance adding Chapter 5.58 to the Dublin Munictpal Code to prohibit the operatIon of medical marijuana dispensanes. . PLlbIic Hearing Dublin Place Commercial Building - Planned Development Rezone with Stage 2 Development Plan and Site Development Review for a 17,500 Sauare Foot Commercial BuildiM: Located at 7000 Amador Plaza Road. FA 05-35 7:46 p.m. 6.2 (450-30) Mayor Lockhart opened the public hearIng. Associate Planner Jeff Baker presented the Staff Report and advised that the Applicant was requesting approval of a PD - Planned Development rezone with Stage 2 Development plan and Site Development Review to construct a 17,500 square foot commerclal building and related slte improvements including a plaza, landscaping and parking, located within the existing Dublin Place ShOpplng Center on an undeveloped site that is the location of the former Dublin General Cinemas. At Council direction, this item was continued from the May 1 6, 2006 meeting III order to allow Staff and the Applicant to address Council concerns related to the project. DllBLlN CITY COUNCIL MINUTES VOLlJME 25 REGULAR MEETING June 6, 2006 PAGt<: Hl4 ~ II tr[) 7.l- AliCia Diaz, Vice President of Mayfield Gentry Realty Advisors, advlsed that the Applicant did its best to mitigate the council's concerns in the revised plan, and she believed that the outcome was an excellent product. The revised plan proVlded retail and public access, and the reconfigurement of the public plaza was qUite nice. As a member of the community, they had a vested mterest in making the project as pleaslng and positive as possible. The Council and Applicant briefly discussed that 120 foot wall on the south elevation. There would be landscaplng to break up the lines, and a new landscaping company had been signed on by the property owner to effectively mamtain the vegetation. Mayor Lockhart closed the public hearing. Mayor Lockhart expressed the opinion that the fountain was not art, Just a public fountain, and Conditions #15 and 16 should be kept. Determining what would go into the public art section could be deCided later. She was pleased with the changes made and supported the addition of the stone, change in color and roof lines, as it would make for a more attractive and successful center. However, the way thlS project got here tonight by bypassing the Planmng Comrmssion was the exception to the rule. It was very important that these types of plans go through the formal process of Planning Commission reVlew. This would not be something that would be done again, as lt was not good policy. Cm. Zika concurred that these types of items needed to go through the formal process. The Council depended on the input from the Planning CommisSlOn. Cm. McCormlCk concurred that it was a better project, agreed that a fountain was not public art, and stated that she was encouraged that the Applicant was making a commitment for upgraded landscaping. Cm. Hildenbrand concurred and thanked the Applicant for listening and responding to the Council's concerns. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 185 ~ II-6/) ].-V On motion of Vm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council waived the first reading and mtroduced an Ordinance approving a PD - Planned Development Rezone wlth Stage 2 Development Plan for 7000 Amador Plaza Road; and adopted RESOLUTION NO. 93 OG APPROVING A SITE DEVELOPMENT REVIEW PERlVIIT TO ALLOW CONSTRUCTION or A 17,500 SQUARE rOOT COMMERCIAL BUILDING AND RELATED IMPROVEMENTS LOCATED AT 7000 AMADOR PLAZA ROAD (APN 941-0305-040l PA 05-035 . UNFINISHED BUSINESS - None . NEW BUSINESS Lease of City-Owned Pronerty to Hamcor Inc. (dba Dublin Toyota) 8:06 p.m. 8.1 (GOO-20) Associate Planner Marnie Nuccio presented the Staff Report and adVised that Dublin Toyota was requesting permission to use a portlOn of City property at the. terminus of Dublin Court for vehlCle display. The area would be improved with landscaping, lighting, a low fence, and a concrete pad. Cm. Zika asked lf there was an escalating clause in the to-year lease since the lease rate was so low. Ms. Nuccio advlsed no. Cm. McCormick asked lf there would be renegotiations within that time period. City Attorney Elizabeth Silver advised that the proposed terms did not mc1ude renegotiations, but if the Council desired, the agreement could include a renegotiation clause. Cm. McCormick noted that the Applicant did not agree wlth Staff's recommendation to use bay-friendly landscaping, and asked If they were at least USlng recycled water. DUBLIN CITY COUNCIL MINUTES VOLUME 2S REGULAR MEETING .June 6, 2006 PAGE 186 ~ 1~i5b)Z, Ms. NuccIo advised that the Applicant preferred to match the landscaping scheme currently used at the car dealership, and dld not use recycled water. Cm. McCormick advised that she would not support this agreement unless there was some renegotiating on the landscaping. Low, drought resistant shrubs could be Just as attractive and easier to maintain. Guy Houston, representing Dublin Toyota, advised that the purpose of the project was to utilize a piece of property that was currently unused and make lt look more presentable. The Applicant would like to stay with the eXlsting landscaping scheme, and they did not want the shrubs to grow too tall and cover the display. The display would be situated so as not to damage the landscaping. On motion of Cm. Zika, seconded by Vm. Oravetz and by majority vote (Cm. McCormick opposed), the City Council adopted RESOLUTION NO. 94 - OG APPROVING A LEASE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT BETWEEN THE CITY OF DUBLIN AND HAMCOR, INC (dba DUBLIN TOYOTA) FOR THE USE OF CITY PROPERTY AT THE TERlVIINUS OF DUBLIN COURT FOR VEHICLE DISPLAY AND ASSOCIATED SITE IMPROVEMENTS PA 05-053 . Murrav Schoolhouse 150th Anniversary Celebration and Exhibit Grand-Openimt 8:15 p.m. 8.2 (950-40) Hentage Center Director Elizabeth Isles presented the Staff Report and adVised that, In Fiscal Year 2005~200G, the City Council rated as a high pnority goal, "Coordinate grand re-opemng of the Murray Schoolhouse to commemorate the 15()lh anniversary of the schoolhouse upon completion of the exhibit restoration project." Two events were recommended: a preview party sponsored by the Dublin Historic Preservation Assoclation on Fnday evening, August 4, 200G; and a grand opening celebration sponsored by the City of Dublin on Saturday afternoon, August 5, 200G. DlJBLlN CITY COUNCIL MINUTES VnLlfME 25 REGULAR MEETING June 6, 2006 P,\GE 187 @} I ~1-z.. On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanimous vote, the City Council approved the dates for celebrations; approved components for celebrations; granted approval to Dublin Heritage Preservation Association (DHPA) to use Heritage Center grounds for the kick~off event; and approved the request by DHPA to serve alcohol at the event. . Request to Initiate an Eastern Dublin Specific Plan Amendment and General Plan Amendment Study to Modify Existing Land Use Designations at 7020 Tassaiara Road. VaNas Prooertv. APN 986-0004-002-01, FA 06-030 8:22 p.m. 8.3 (420-30) Planmng Manager Mary JO Wilson presented the Staff Report and adVised that the Developer submitted an application requesting that the City Council consider changing the existing land use designation for the Vargas property to reduce the density of the property. In order to study the request, the Council must authorize the Imtiation of the General Plan and Specific Plan Amendment Study. Cm. Zika expressed support for a reduction In density. Fred Musser, Sun Valley Land Development Company, advised that the difficulty in developing this property was the net developable land. The General Plan and Specific plan may not have taken into consideration the physical constraints of the site. The Applicant would like to have the opportunity to study other alternatives, such has a hIgh denslty slngle~family project. On motion of Vm. Oravetz, seconded by Cm. Zika and by unammous vote, the City Council adopted RESOLUTION NO. 95 - OG APPROVING THE INITIATION OF AN EASTERN DUBLIN SPECIFIC PLAN AND GENERAL PLAN AMENDMENT STUDY TO MODIfY THE EXISTING LAND USE DESIGNATIONS TO REDUCE THE DWELLING UNIT DENSITY FOR A PROPERTY LOCATED AT 7020 TASSAJARA ROAD (APN 986-0004-002-(1), PA OG-030 . DUBLIN CITY CnUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 188 ~ ) ? t5b 2 -z... General Municipal Election - November 7. 2006 8:30 p.m. 8.4 (630-20) City Clerk Fawn Holman presented the Staff Report and advised that, In November 200G, voters In Dublm would elect a Mayor (2-year term of office) and two Councilmemhers (4-year terms of office). It was necessary to make a formal request to the Alameda County Board of Supervisors that Dublin's election be consolidated With the Statewide General Election and that the Registrar of Voters perform certam services associated with the election. Also, the Council must determine whether candidates or the City pay for publishing costs associated With candidate statements In the sample ballots and whether 200 or 400 words would be allowed in the candidate statements of qualification. 011 motion of Cm. Hildenbrand, seconded by Cm. Zib and by unanimous vote, the City Council adopted RESOLUTION NO. 96 - OG CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 7, 2006; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATfERS And RESOLUTION NO. 97 -- OG ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 200G . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGElS\} (i) I U> '11fJ 2-) Declaration of Secondhand Smoke a Nuisance 8:33 p.m. 8.5 (5GO-90) AssoClate Attorney Leah Peachey presented the Staff Report and advised that, at the March 21, 200G Council meeting, Cm. Hildenbrand requested that Staff prepare a Staff Report on the issue of secondhand smoke, which would allow the City Council the opportumty to conslder an Ordinance that would declare secondhand smoke a nuisance. thiS Staff Report was Intended to proVide the Council with its options in addresslng the Issue of secondhand smoke as a nUisance. At this time, Staff was requesting that the Council provide direction as to whether Staff should return to Council with a draft Ordinance declaring secondhand smoke a nUisance and, if so, whether the Ordinance should reflect the scope of Option 1, Option 2, or Option 3 (as outlined in Staff Report), or provide other direction. Cm. McCormick clarified that the proposed Ordinance would be clear that this was regarding secondhand tobacco smoke and not, for example, secondhand BBQ smoke. Ms. Peachey adVised yes, the Ordinance would be clear to that fact. Cm. Zika asked how the enforcement would occur if an Ordinance were adopted. Clty Attorney Silver advised that the Ordinance would not make secondhand smoke a cnme, it would be a declaration that secondhand smoke would be a public nuisance. The Council could declare somethlng to be a public nUisance, and the Staff Report Included the existing actlVlties that the Council had already declared to be a public nUisance. In thiS instance, if a ne18hbor was smoklllg on his balcony and the next door neighbor could smell the smoke, then the next door ne1ghbor could, If the Council had declared secondhand smoke to be a public nuisance, bnng an action In court to ask the Court to abate the nuisance. The City's Police Department would not respond to any calls because It would not be a cnme. Cm. Zika clarified that it would be a Small Claims Court action, such as nOise abatement. City Attorney Silver advised yes. If the Council was interested In declaring secondhand tobacco smoke a public nuisance, which would assist individuals III private actions, the Council could provide Staff dlrection and adopt a policy as to whether or not the Council wanted Staff to devote any resources to enforcement of that Ordmance. (lUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 P/\CE 19U ~ 11 Bb '")."?-' Vm. Oravetz asked how many complaints had been received by the City regarding secondhand smoke m backyards besides the letter Cm. Hildenbrand received. City Manager Ambrose advised that, to hlS recollection, the City had not received any related complaints other than the one recelved by Cm. Hildenbrand. Vm. Oravetz asked if an Ordinance would allow someone to call the Police regarding their neighbor smoking in thelr own backyard. Ms. Peachey relterated that this was not a criminal statute, so Police Services would not necessarily be called. The IndlVldual would go to Small Claims Court to .pursue a private nuisance action and, as a benefit of a declaration of a public nuisance, the private individual would only need to show that the secondhand smoke was actually coming over onto their property. The smoke did not need to be at a specific level; it only needed to be occurnng on thelr property. City Attorney Silver clarified that, if the Council were mterested in purSUing one of the options where the Clty would be enforcing the Ordinance, then there would be some CIty Staff time spent on it. Serena Chen, American Lung Association, distributed information on secondhand smoke and advlsed that Dublin had been a leader in the Bay Area for protecting its citizens against secondhand smoke. In January 200G, the California Air Resources Board declared secondhand smoke as a toxIC alr contaminant for which there was no safe level of exposure. The American Lung Association did receiVe a great deal of complaints from resldents regarding secondhand smoke, who might not call a City because they knew there were no City Ordinances. The American Lung Association would be happy to help Dublin craft an Ordinance that would respect everyone's rights, as well as help wlth pubhc outreach and mediation services. Bruce Fiedler, Dublin resident, advlsed that children exposed to secondhand smoke developed asthma at a greater rate, and glrlS exposed to secondhand smoke around the onset of puberty had double the risk of breast cancer later in their life. He urged the Council to Include secondhand smoke in the list of numerous nuisances in the Dublin Municipal Code, and to dedlcate Staff to enforce this Ordinance. PatrICla Peters, Dublin resident, stated that the Council could not legislate Civility and courtesy. The proposed legislation was a message that encouraged people to abandon personal responsibility and rely on government to solve thelr problems for them. Neighbors should be encouraged to work together to solve their disputes, and the City DUBLIN CITY CnUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 191 ~ I Y; D[)"Z- l- should direct its efforts toward more important matters, such as disaster preparedness and high school exit exams. Putting more Ordinances on the books would not solve the problems, and the Council should not do so. The effects of secondhand cigarette smoke were no worse than the smoke from a backyard BBQ, and could be solved by the person bothered by the secondhand smoke moving their chair to the other slde of their patio. Cm. Hildenbrand advlsed It was not her Intent to make smoking illegal, but to allow those with a problem to have an avenue of recourse if two people could not come to an agreement. Because court costs would be incurred, the Individual taking someone to Court would not do it frivolously. She received a letter from Dublin resident, Shirley Wassom, who was not able to attend tomght, which she read into the record: "To Whom It May Concern, secondhand smoke has cost us thousands of dollars because 1 am sensitive to the poisons it brings. I was one of the early voices crying for relieffrom the damage being inflicted on the occupants of an air force office where over 30U cigarettes were smoke daily My immune system was damaged and even though my doctors stated I could not work in this environment and that I was disabled, my request for disability was denied. I was admitted to the hospital on the verge of a mental andphvsical breakdown, fired from my civil service position, lost retirement benefits and lost my health. 1 wore an industrial respirator for years when I went into public places. My immune system was so totally damaged I became allergic to nearZv everything I ate, wore or inhaled. Many physicians were consulted, from California to Texas, many saying "Don't call us, we will call you. " One even said she did not know what to do with me. We spent much in monev, time and mental anxiety trying to find a way to build up my immune system and ,find answers. Six years ago we moved to Cal~fornia to be near one of our sons. In the move we had to buy a home that is very close to neighbors. The neighbor behind us, who was a renter, was also a smoker She did not want the smoke in her home so she smoked in her back yard. which backs right up to the windows we like to have open for the nice cool breezes California is known for This nice breeze brought her smoke right into our home and environment, making it very uncomfortable for us. If we closed the windows and tumed the air conditioner on, that would also pull the smoke into our home. We told Donna her smoke was detrimental to our health, but she insisted she had the right to smoke when and where she pleased. The only recourse we had was through the homeowners' association only because she was a renter. but she ignored anything here. My husband and I feel there needs to be something done to protect us in our own home from others tobacco smoke since DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGlJLAR MEETING .June 6, 2006 PAGE 192 ~ H Db 1. .2,. tests have proven it is detrimental to everyone and not just to those of us who are allergic to it. Many in apartment buildings are also having this problem. Thank you for your consideration. " Cm. Hildenbrand advised those whose who did not smoke had as much nght to the comfortable enjoyment of life or property as those who smoked. She asked the Council to support an Ordinance based on Option #1, in which the City did not spend City resources to bring abatement actions and allowed Dublin res1dents recourse, if needed. Vm. Oravetz noted that a person could bring action against another m Small Claims Court Without an Ordinance on the books. Ms. Peachey agreed, and indicated that an Ordinance would lessen the burden of proof. Cm. Zika Indicated that he understood the Issue, but was concerned Wlth property rights and too much legislation. Cm. McCormick advised that she supported Option #1, as it prov1ded people w1th a vehlCle to remedy the situation and did not use Staff time. A lot of high density housing was being approved In Dublin, and th1S 1ssue would only escalate. Mayor Lockhart stated that declarIng secondhand smoke a nuisance would offer a tool to those in need to use as a last resort. No one wanted to go to Small Cla1ms Court, and most would only go if they could not resolve 1t personally. Dublin's "smart growth" Included very dense hOUSing, and residents should still be allowed to live safely in their own homes. Everyone agreed that secondhand smoke was a carcmogen, and if Dublin allowed homes to be built that created the situation, Dublin had the responsibility to respond to 1t. An Ordinance based on Option #1 was the first step. Vm. Oravetz suggested that new buildings in Dublin be legislated as non-smoking; however, at th1S time, It was a property rights issue. If one of his neighbors Indicated that his cigar smoking was bothering them, he would stop. Cm. Hildenbrand stated that not everyone was as considerate and Dublin res1dents should have the opportunity to take further action, if needed. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by majonty vote (Vm. Oravetz and Cm. Zika opposed), the City Council directed Staff to return to the Council with a draft Ordinance declaring secondhand tobacco smoke a public nuisance and reflecting the scope of Option #1, proViding for abatement of the nuisance by a DlJBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGF: 193 ~ 1)) r5f52-- 2- private party based on a private nUlsance action, and indICating C1ty policy not to spend City resources to brmg abatement actIons. . OTHER BUSINESS Brief INFORMATION UNLY repurt. from Council and/or Staff, Including Committee Reports and Report. by Counell related to meeting. attended at City expense (AD 1234) 9:22 p.m. City Manager Ambrose adVised that a San Ramon/Dublin Lla1son Committee meeting would be held on June 7th at 4:00 p.m. at the Civic Center. Cm. McCormick adv1sed that she had attended the grand opening of the San Ramon Valley Wastewater Treatment Plant. Dublin was the first and now the largest user of reclaimed water In the district. Cm. Zika adVised that he had nothing to report. Cm. Hildenbrand advised that she had attended the recent Tri-Valley Council meeting, hosted by Danville. The topic was Contra Costa County's Emergency Preparedness Plan. Vm. Oravetz advised that he had attended a L1vermore-Amador Valley TranSit Authonty meeting with Cm. Hildenbrand, at which time the price increase was d1Scussed. CongratulatIons to the Dublin High Boys Varsity Baseball Team, which won the North Coast Sectional for the first time in Dublin history. Mayor Lockhart asked Staff if the Council could take a look at the SIgn Ordinance at a future Council meeting and how 1t related to advert1slng the Alameda County Fair. Dublin was the only City in the County that did not advertise the upcoming Fair. The Fair belonged to us as much as It belongs to the other City's In the County. Mayor Lockhart advised that she had attended many seminars and committee meetings dunng the U.S. Conference of Mayors in Las Vegas, Nevada June 2-4, 200G. Many federal leg1slators were in attendance, including Secretary of Transportation Mineta. This area may become one of five projects across the U.S. to deal with congestion. . DUBLIN CITV COlJNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 194h ~ CLOSED SESSION 9:35pm Z 1152-2---' Mayor Lockhart advised that the Council would reconvene to Closed Session to diScuss Item #III: PERSONNEL - Government Code Section 54957.6(a) ~ Conference with Agency Labor Negotiator Richard Ambrose, City Manager - Unrepresented City Employees: Assistant City Manager Administrative Analyst II Assistant civil Engineer Associate Civil Engineer Associate Planner Recreation Supervisor Senior Administrative Analysl Senior Civil Engineer Senior Planner Administrative Services Director Assistant to the City Manager Buildifl)/; OffiCIal City Clerk Community Development Director Economic Development Director Finance Manager Information Systems Manager Parks & Community Services Director Parks & Pacilities Development Manager Planning Manager Public Works Director/ Assistant City Engineer Housing Specialist Parks & Community Services Manager Parks & Facilities Dcvelopmenl Coordinator Geographic Information System Coordinator Code Enforcement Officer REPORT ON CLOSED SESSION ITEM City Engineer Administrative Aide Administrative Analystl Administrative Technician Assistant Planner Community Safety Assistant Engineering Technician I Engineering Technician II Pinanee Technician I finance Technician II Heritage Center Director Permit Technician Office Assistant I Office Assistant II Preschool Instructor Public Works Inspector Recreation Coordinator Recreation Technician Secretary Secretary to the Cily Manager/Deputy City Clerk Senior Finance Technician Senior Office Assistant Senior Building Inspector Heritage & Cultural Arts Supervisor Information Systems Technician I Information Syslems Technician II Senior Plan Checker Mayor Lockhart adVised that no action was taken dunng Closed SeSSion. DlIBLlN CITY COUNCIL MINUTES YOLlJME 25 REGULAR MEETING June 6, 2006 I'AGE 195 @J 12.U[) 7.--'- WjOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:46 p.m. to an Adjourned Regular Meeting Budget Hearing on June 13, 2006, at 6:00 p.m. (Closed Session at 5:00 p.m.) In the City Council Chambers. Mayor ATTEST: City Clerk ~ DlJBLlN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6,2006 rAGF 196 ~