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HomeMy WebLinkAbout01-20-2004 Adopted CC MinCLOSED SESSION A closed session was held at 6:30 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL - ANTICIPA TED Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision b ('/): ONE potential case Facts and Circumstances: Government Code Section 54956.9, subdivision b (3) (B) (November '/8, 2003 letter from Anna C. Shimko, Cassidy Shimko Dawson to Mayor and Councilmembers and October 2'/, 2003 letter from Dublin Investors to Mayor and Councilmembers regarding adoption of urgency moratorium ordinance). A regular meeting of the Dublin City Council was held on Tuesday, January 20, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Pro Tempore Zika. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti & Mayor Pro Tempore Zika ABSENT: Mayor Lockhart PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Pro Tempore Zika advised that there was no reportable action. PRESENTATION ON THE LEASE-PURCHASE HOME OWNERSHIP PROGRAM BY REPRESENTATIVE OF THE ASSOCIATION OF BAY AREA GOVERNMENTS .(ABAG) 7:02 p.m. 3.1 (430-80) Matt Callahan with California Home Source made a presentation on the ABAG Lease~ Purchase Home oWnership Program administered by California Home source. This program assists with home purchases to lower-income households by purchasing the CITY COUSNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 23 home for them and providing a leasing program which transitions into ownership in 39 months. Brochures of information were passed out. On February 7t~ from 10 a.m. - noon, the City will have a workshop at the library for people to hear about the program and be able to make an application. Clarke Howatt from ABAG thanked the City for inviting them tonight. They would like endorsement for the workshop. They will provide press materials. No public monies have to be put into this; it is all investor capital. Cm. Sbranti questioned what is meant by flexible criteria. Mr. Callahan explained that the income side can go up to 140%. This is not really a program for very low income folks. They have to be able to afford a home with a 45% debt ratio. For a $400,000 home, the maximum family income would be about $107,000. An actual situation in Hayward for a $335,000 home, the household income was about $75,000. FICO credit scores were discussed. They can finance down into the low 500 scores. Mayor Pro Tempore Zika asked about mortgage insurance when they convert and stated sometimes a second mortgage pencils out to be less than the PMI. The response was it depends ff in the 39 months the equity equals 80%. They will help them with this process. Their lenders will stay in touch with the families that are participating. They have an 800 number (800) 807-8277 and their web address is www. CalHomeSource.org. The best thing to do now is call and reserve a spot at the workshop. Their customers can also apply right online and be serviced that way. PRESENTATION AND DEMONSTRATION OF WWW.CALOPPS.ORG WEBSITE 7:I4 p.m. 3.2 (150-30) -City Manager Richard Ambrose advised that this item had been pulled from the agenda and would be rescheduled on a future agenda. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 24 7:15 p.m. Shawn Costcllo, Arroyo Vista resident, spoke about almost getting hit while in an intersection with a green light. One close call was an actual police officer. Hc stated hc has left messages on the Mayor's machines with an idea for him and one of thc Councilmembers to go on Channel $0 and do a public service announcement to be careful as you have pedestrians out there. Hc requested that the Council talk it over and see which one would want to do it. Everybody should get involved in thc protection of everybody in this City. We all need to take care of each other. 7:18 p.m. John T. Collins, Allegheny Drive, stated California used to have a law that pedestrians have the right-of-way. They changed the law. Mr. Collins commented on the Mayor's State of the City address. Residents should try and catch the Dublin comedy hour on TV. The Mayor spoke of the wonderful street improvements and then showed the tumor on Village Parkway. Then, the retired Public Works Director was interviewed about the messy trees. What the trees make after several years, is ugly rocks. This was humorous. She talked about our view of future Dublin. As far as he could tell, it was hers and maybe the City Council's, but stated it was not his view as part of the "our". 7:21 p.m. Edwin Osada, Squirrel Creek Circle, questioned the timing of the opening of trails. Melissa Morton, Public Works Director stated there are still some things we are completing; markers, fencing need to be completed and also some gate improvements that need to be completed before we open them. We are working diligently to complete these improvements. On the Alamo Creek trail, the fencing will take some time. On the section out by the Civic Center, that could possibly be open by the end of the month. CONSENT CALENDAR 7:24 p.m. Items 4.1 through 4.13 Cm. Sbranti pulled Item 4.1 and indicated that he needed to abstain from voting on approval of the minutes of January 6, 2003 as he was absent. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 25 Cm. McCormick pulled Items 4.5 and 4.6. Michael Bischoff requested that Item 4.7 be pulled. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote (Mayor Lockhart absent), the Council took the following actions: Adopted (4.2 600~$0) RESOLUTION NO. 8- 04 APPROVING AN AGREEMENT WITH BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECHNICAL TESTING SERVICES FOR THE DUBLIN SENIOR CENTER Adopted (4.:3 600-50) RESOLUTION NO. 9- 04 APPROVING AN AGREEMENT WITH RES ENGINEERS FOR ENGINEERING TESTING SERVICES FOR THE DUBLIN SENIOR CENTER Adopted (4.4 600-60) RESOLUTION NO. 10- 04 ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF FALLON ROAD/KINGSMILL TERRACE/ SIGNAL HILL DRIVE AND FALLON ROAD/TURNBERRY DRIVE FOR TRACT 7252 (DUBLIN RANCH, AREA A) Approved (4.8 330~20) Final Budget Changes for Fiscal Year 2002-03; Received (4.9 330~50) Final Financial Report for Fiscal Year 2002~03; CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 26 Received (4.10 310-30) Annual Audit Report for Fiscal Year 2002-03 and confirmed reservations of Fund Balances for FY 2002-03; Received (4.12 910-40) Status Report for an Urgency Ordinance for the area located along Dublin Boulevard, extending westerly of Donlon Way approximately 400 feet and easterly of San Ramon Road approximately 950 feet, and extending approximately 625 feet north and 700 feet south of such stretch of Dublin Boulevard, and issued the Agenda Statement as a written report describing the measures taken to alleviate the urgency condition within the Historic Area; Approved (4.13 300-40) the Warrant Register in the amount of $1,502,852.16. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote (Mayor Lockhart absent & Cm. Sbranti abstained), the Council approved (4.1) Minutes of Regular Meeting of January 6, 2004; Cm. McCormick pulled Item 4. 5 related to sidewalk repairs in order to make the public aware of this program and that we are using recycled tires for our sidewalk repairs. She thanked and congratulated Staff for worln'n g with recycling on this. Cm. McCormickpulled Item 4. 6 related to the no par~'ng zone on Dublin Boulevard near the Civic Center and asked if there is a Post Office Box in this area? Public Works Director Morton smd she would have to check on this. Staff will work with the Post Office if necessary if it needs to be moved On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted (4.5 600~35) RESOLUTION NO. '1 '1 -04 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY-FUNDED REPAIR PROGRAM) CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 27 And adopted (4.6 570~20) RESOLUTION NO. 12- 04 PROVIDING NO PARKING ZONE ON EASTBOUND DUBLIN BOULEVARD EAST OF CIVIC PLAZA Michael Bischoff, Landale Avenue, pulled Item 4.7 related to vicious dog determination. He stated his family hasn't been given an opportunity to visit Buddy since the last meeting. When they did go to visit him, he was without water and food and his cage was covered with feces. Sgt. Carmine could not verify whether he has been out of the cage in the two months he has been there. At the last meeting, he requested that the City Council take a recess and review materials he submitted before deliberating. He requested that the Council consider their materials as well as the staff reports. He spoke with an Attorney. He showed documents to the Council supposedly signed by Robert Bischoff, along with his signature on his driver's license. They did not know about the September 24th hearing nor about the findings until November 7t~. There is a lot at stake here and he stated he hopes the City Council makes the right decision. Mr. Bischoff again referenced the notices. A letter from the City from Amy Cunningham showed their address as not in Dublin, but in Castro Valley with a Castro Valley zip code. Animal Control wanted them to fix up their yard and they complied. Robert will ensure renter's insurance securing the dog. Robert Bischoff stated if he gets his dog back, he will create an 8' cage in his back yard so he will never get out. He trained him for a year and a half and he is the best dog he has ever had. He stated he will do anything to get him back. Catherine Burk, Landale Avenue, stated the last time they were here they never got proper notice of any hearing. Attachment 10 of the report shows the notice went to Castro Valley. They should be given an opportunity with insurance to have their dog. They haven't been given an opportunity to defend their dog. Pat Rottenbush, Davona Drive, San Ramon submitted a speaker slip which was read by Mayor Pro Tempore Zika. '~I do not feel Buddy is being given a fair shake. These are beautiful and playful animals as I have many friends that have them. I feel you should reconsider your thoughts or find a new home ~ family for him NOT DESTRO Y him.r.r? CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 28 Mayor Pro Tempore Zika stated he felt they made it clear the last time. He is not adoptable out because of his history. They have asked Animal Control to find a location for him. Cm. McCormick stated the appeal was based on the fact that they were not given proper notification. There now seems to be evidence that one notice went to Castro Valley and others have questionable signatures. What can we do about this? City Attorney Silver explained the straw vote that was taken at the last meeting. The speakers tonight, the City Council can consider what they said. There were two Vicious Dog hearings and the time for appealing the first one has come and gone. The letter of December 1st that has the Castro Valley address, the speaker is correct, it was addressed to Castro Valley. This is the transmittal of the findings for the November 25th hearing. On page 41 of 68, there is a memo to file states that on December 1 st Mr. Bischoff was personally served with a letter of the findings. Regarding signatures on receipt of certified mail, this is a matter for the City Council to decide whether they believe the signatures indicate receipt by Mr. Robert Bischoff. This relates to the first hearing, not the second hearing. The third issue raised by Michael Bischoff was he presented some evidence at the last hearing and he is questioning whether the City Council had ample time to review the evidence. They have had time since then since they did not take any action at the last meeting. Cm. Oravetz stated he read all the information. Buddy is probably not as bad a dog as it seemed. He stated he is not a handwriting expert, so he couldn't comment on that. He did get the information that was misdirected the same day. He asked if the dog is being taken care of. Administrative Analyst Cunningham stated this issue was brought up after the 2nd hearing and she contacted Animal Control and they assured her that he was being well taken care of. Cm. McCormick asked if there is a reason they cannot visit the dog. Ms. Cunningham replied it is in quarantine. She stated she can make arrangements for them to visit him. Ms. Cunningham advised that she has made 4 inquires with shelter rescue staff and Animal Control has made 2, and there was one rescue organization who stated they would be happy to evaluate the dog to see if he is adoptable. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 29 On motion of Mayor Pro Tempore Zika, seconded by Cm. McCormick, and by unanimous vote (Mayor Lockhart absent & Cm. Sbranti abstained), the Council adopted (4.7 500-40) RESOLUTION NO. 13- 04 MAKING FINDINGS, DENYING THE APPEAL OF THE BISCHOFF FAMILY BY MICHAEL BISCHOFF, AND AFFIRMING THE DECISION OF THE CITY MANAGER FINDING THAT THE DOG "BUDDY" IS A VICIOUS DOG AND SHOULD NOT BE RETURNED TO HIS OWNER, ROBERT BISCHOFF and also determined that the Bischoffs can visit Buddy. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote (Mayor Lockhart absent), the Council adopted (4.11 600~¢0) RESOLUTION NO. 14- 04 APPROVING THE FIRST AMENDMENT TO THE IMPROVEMENT AGREEMENT FOR FALLON ROAD NORTH PUBLIC HEARING AMENDMENT TO DUBHN MUNICIPAL CODE (DMC) TO ALLOW DOGS TO RUN WITHOUT A LEASH IN ANY AREA DESIGNATED AS A DOG RUN BY THE CITY MANAGER, INCLUDING THE BRAY COMMONS DOG RUN, WHICH IS CURRENTLY UNDER CONSTRUCTION 7:45 p.m. 6.1 (500~20) Mayor Pro Tempore Zika opened the public hearing. Parks & Community Services Director Diane Ix)wart presented the Staff Report. Bray Commons, which is currently under construction, will include an off~leash dog run. The park is anticipated to open in June 2004. Currently, the DMC prohibits dogs from running at large in pubiic places, including parks. Thus, the DMC needs to be amended to allow dogs to run without a leash in any area designated as a dog run by the City Manager. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 30 No testimony was entered by any member of the public relative to this issue. Mayor Pro Tempore Zika closed the public hearing. Cm. McCormick asked if the dog run is in full view of the play area. Ms. Lowart advised that it is actually across the park and will be fenced and double gated. Cm. Sbranti asked if there will be some kind of posting since this is new to our community. Ms. Ix>wart replied yes there will be signs posted and also disposable items available. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote (Mayor Lockhart absent), the Council waived the reading and INTRODUCED the Ordinance. PUBLIC HEARING - AMENDMENTS TO TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) PA 03-052 7:49 p.m. 6.2 (450-20) Mayor Pro Tempore Zika opened the public hearing. Assistant Planner Marnie Waffle presented the Staff Report and advised that this is the second reading of an Ordinance amending the following Chapters of the Zoning Ordinance for clarification and internal consistency: Chapter 8.08.020, Definitions; Chapter 8.40, Accessory Structures and uses Regulation; Chapter 8.64, Home Occupation Regulations; and Chapter 8.116, Zoning Clearance, No testimony was entered by any member of the public relative to this issue. Mayor Pro Tempore Zika closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote (Mayor Lockhart absent), the Council waived the reading and adopted CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 31 ORDINANCE NO. I -04 AMENDING CHAPTER 8.08, DEFINITIONS CHAPTER 8.40, ACCESSORY STRUCTURES & USES REGULATIONS CHAPTER 8.64, HOME OCCUPATION REGULATIONS AND CHAPTER 8.116, ZONING CLEARANCE OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) PA 03-052 PUBHC HEARING ONE-YEAR EXTENSION OF THE INTERIM URGENCY ORDINANCE ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN FOR THE AREA LOCATED ALONG DUBLIN BOULEVARD EXTENDING ~rESTERLY OF DONLON WAY APPROXIMATELY 400 FEET AND EASTERLY OF SAN RAMON ROAD APPROXIMATELY 950 FEET~ AND EXTENDING APPROXIMATELY 625 FEET NORTH AND 700 FEET SOUTH OF SUCH STRETCH OF DUBLIN BOULEVARD PA 02~074 7:52 p.m. 6.3 (910~40) Mayor Pro Tempore Zika opened the public hearing. Senior Planner Andy Byde presented the Staff Report and advised that pursuant to the requirements of State Law, this item would extend the moratorium on development approvals for a period not to exceed 12 months. Christopher VerFlank with Page & Turnbull discussed the findings of their report. He introduced Rich Gray who is a PowerPoint guru. They do surveys throughout northern California and recently did ones for Downtown San Jose, St. Helena and stated they are currently negotiating with Woodside to do something for them. He discussed the methodology used to make their findings. Cm. Oravetz stated this was a fascinating report and he wished all citizens of Dublin could see it. He stated he would like to see it on the website and copies at the Library. Mr. Byde explained that the options for Council consideration include: waive reading and ADOPT proposed Urgency Ordinance extending the moratorium for one-year to January 20, 2005 with the following modifications: continuing the existing restrictions CITY COI)2~ICIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 32 of the moratorium in effect within the Primary Historic Core Area boundary focused around Donlon Way and reducing the restrictions within the Peripheral Historic Area to permit the issuance of permits that would not result in exterior improvements (Alternative 1). Alternatively, the City Council may take one of three actions: a) Waive the reading and adopt proposed urgency Ordinance extending the moratorium for one year to January 20, 2005 modified to apply only within the Primary Historic Core Area (Alternative 2); or b) Waive the reading and adopt proposed Urgency Ordinance extending the moratorium ordinance adopted on October 7, 2005 and extended on November 18, 2005, without modifications, for a one year period that ends January 20, 2005 (Alternative 3); or c) Take no action, which would result in the moratorium ordinance expiring by its own terms on January 22, 2004. Andy Byde referenced the letter from Ms. Shimko and stated Staff had no problem with their suggestion on alternative 1. Cm. Sbranti stated the report talks about historic district and conservation district, and he asked when do they address this issue? Mr. Byde replied ultimately through the Specific Plan process. It would be brought before the City Council. Cm. McCormick asked what the difference is. Mr. Byde stated it is the level at which you are going to preserve a particular resource. Mr. VerPlank stated in San Francisco they use both districts. Conservation districts are useful for areas which have more modern office type buildings where there is a variety and different building types. Historic districts are more defined. Conservation districts are more lenient and have more turnover of types of businesses and building types. They allow businesses to basically go forward. Cm. Oravetz clarified if we go with option 1 those inside the core area would be restricted for one more year, but outside if they want to do exterior changes, they would have to come before the City Council. Mr. Byde stated outdoor changes could occur in the peripheral area, as long as they don't require a building permit. John Collins, Allegheny Drive, stated he liked the report. It basically told them what he said for free. At least 6 of the forbidden things were. historical uses. The beautiful CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 33 picture of Dublin in 1946 showed the area which is under protest or attack, wasn't in the area. It was orchards. Highway g 1 was Donlon Way. Even when he lived here in 1966, some of that wasn't changed. We should rename the ordinance to the anti~ Hooters ordinance. They should be allowed to live or die on their own merits. They only have 3 suggested actions, but 4 were presented. Choose alternative 4, but a fairly good alternate would be to protect the core area of Dublin. Robert Hoffman, Hansen Drive, stated he is a registered engineer in the State of California. As far as extension in this moratorium, he drives through this intersection every day and frankly, he sees a gas station on each corner and Coco's Restaurant and a PETCO and it has been this way for a long time. The fact of the matter is that area has been developed and it is going downhill. We need to do something to improve it. He stated he didn't think the City has the funding to build it back to the old west type theme. He doesn't understand what the plan is for Dublin. This has been going on for a couple of years and nothing seems to be happening. The City has to move ahead. Understands preserving the core area, but extending it to Coco's, he doesn't get at all. What's going to happen and when? Anna Shimko with the Law Firm Cassidy Shimko Dawson stated she was here on behalf of Hott Wings, Inc. who is interested in developing the site to a thriving popular location. The peripheral area does not have any historical value and should not be included in any moratorium going forward. The 1946 photo showed on that site, that there was absolutely nothing there. Clearly, based on the report, eating and drinking establishments were an active use. She urged the Council, based on evidence, to constrict the moratorium to the core historic area; however, if you go with a two-tier moratorium, she recommended change in language as Staff mentioned. She also suggested clarification. The Client would do landscaping on exterior, restripe sidewalk to make it ADA handicap accessible, replace glass on exterior and paint. She suggested addition to ordinance "notwithstanding - parking lot repair, landscaping, paving, compliance with ADA". Exterior improvements could enhance the downtown. Mayor Pro Tempore Zika asked if all this could be done without a building permit. Mr. Byde replied yes. Susan Hagan stated she is the proud owner of the Ponderosa. She received the report from Page & Turnbull and corrected addresses; 6570 Donlon Way is incorrect; this address is their boarding kennel. Their home is 6572 Donlon Way, which is separate from their business. The report says both properties are used for commercial purposes. The home is just a residence and is not used for commercial purposes. She asked about CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 34 the Fallon House. The report stated it was directly behind the boarding kennel. She stated she thought it was going to be moved there, but it burned down before it was moved. It was never located on Donlon. Charles Pillers stated he did receive notice this time and thanked Staff for the copy of the report. It completely backs up their argument. There is absolutely nothing of historical significance whatsoever east of San Ramon Road. The orchard was torn out much later on. His letter had some very cogent remarks. Alternative 2 is the one that does make sense. It divorces the peripheral area from the ordinance. It conflicts with the intent, however. It says ff this alternative were adopted, the Specific Plan could still be applied to the Peripheral Historic Area. This has to be cleared up. Alternative 2 is acceptable, or #4 is also acceptable. Donald Ashton, Rolling Hills Drive, stated he has been a resident since 1001 and grew up in the area since childhood. He likes the small town type atmosphere and wants to preserve this. He is a family man and raised his daughters here. He expressed concern about developing this area with a Hooters. He checked their webpage. Their business is growing and they are doing very well. They are just under the radar as far as being an adult business, in his opinion. He agreed that some kind of a plan needs to be further defined. Supports peripheral area being maintained. This looks like option 2 b, keeping east area of San Ramon Road in the area and no exterior changes be made. He stated there are a number of people watching this, trying to protect our city. Don Hoffman stated he owns the property, Dublin Tech Center located at 11820 and 11860 Dublin Boulevard. The area he is in and the defunct shopping center across the street has since 2001 or for 2 ½ years this area has been for one reason or another been prevented from developing. This area of Dublin has been drained dry by the action 3 miles east. He read all the Staff Report and it is a very good history review. All this you can find at the historic resource center. He bought his property from Lydikson. There is nothing new, certainly nothing east of San Ramon Road. It says architecture should be sympathetic with a historic area. What does this mean? Dublin has lost the chance to do something here. PETCO is the worst building that could have ever gone up at the entrance of our historic area. Standard Oil was remodeled a couple of years ago. He stated he doesn't know what the purpose of this whole thing is. You found nothing new and not much we can change at this point in time. The things that should have been saved were destroyed in one way or another. Why delay for another year a plan that could get a defunct shopping center going or a Hooters going? We need vitalization. Mayor Pro Tempore Zika closed the public hearing. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 35 Cm. Oravetz stated as stewards of the community, he must look at the history. Maybe we don't see it, but in the 1900's it was there. When you fast forward to 2004, he has to try and save it for his kid's kids. We need to do something as a community to establish a historic zone for Dublin. The moratorium was created and all the businesses in the area were put on hold for just a little bit. He is an advocate for business, so stated he is really torn here. He appreciates the excellent report. Dublin Square is an eyesore. Why don't we buy the property and build up the area as a historical point for this City? He agreed there is nothing on the east side but the walnut orchard. He learned that Donlon fell off the roof and the street was named for him. He did not know this. We have to keep the core area because it's important to the history of Dublin. Cm. Sbranti stated he supports alternative 1. The report is exactly what they ask for back in May. He likes the idea of a core area and also a periphery area. He stated he thinks there is history at the corner of Dublin Boulevard and San Ramon Road. The periphery area is a gateway to the main area. There were some good recommendations from Staff and the consultant. Cm. McCormick stated when she read the report she learned some new things. She is proud of what we have, but saddened by what we've lost. It is gone forever. This is what the City Council is sensitive to. A lot of land use decisions were made in Oakland. This Council has to look beyond one plot of land and how it is going to change. They have to look forward from that. Things do change. Trends change and they have to look at the long range big picture. This gateway does have some historical significance. We should preserve it. She is very sensitive to the fact that we need to watch what we do with the area. She stated they all hate the PETCO building and at some time in the future, we may have an opportunity to do something about it. What is lost is lost and we can never get it back. We can make a wonderful gateway. She stated she supports the first alternative to create peripheral district and have some design standards in place. Mayor Pro Tempore Zika stated he agreed with his colleagues. Just because we were late doesn't mean we have to throw this out. Things change and evolve. At one time, we were known as the fast food capital of the world. The big warehouses near the BART station will go and maybe at some point PETCO may be gone. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Mayor Lockhart absent), the Council adopted alternative I (waive reading and adopt proposed Urgency Ordinance extending the moratorium for one~year to January 20, 2005 that establishes a Primary Historic Core boundary focused around Donlon Way and establishes a Peripheral Historic Area boundary) with the change as recommended by Staff. On Page 66 of the Staff Report (Page 5 of the Ordinance), the first full paragraph CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 36 would be changed to read: "From and after the date of Ordinance No. 11 ~O$, Ordinance No. 1 t5-O3 and this ordinance, no building permit shall be approved or issued and no land use permit shall be approved that would result in any external modifications or construction of new structures within the area defined as the Peripheral Historic Area. Notwithstanding the foregoing, a change of copy for existing signs where no modification to the structure of the sign is required is not subject to this ordinance." The Council waived the reading and adopted ORDINANCE NO. 2- 04 AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE APPROVAL OF pERMITS FOR DEVELOPMENT IN THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN Ms. Silver stated the activities proposed by Ms. Shimco such as repainting, etc. do not require a building permit and thus they would not be subject to the moratorium. Mr. Byde confirmed this and advised that the sidewalk would require a grading permit. The other changes are not subject to a building permit, however, changing glass would require a building permit. Building Official Gregory Shreeve advised that if you are replacing a window it requires a building permit, but if you are just replacing a piece of glass, it doesn't. If it is just the glass and not the frame, this would not require a building permit. This is a fine line. RECESS 9:07 p.m. Mayor Pro Tempore Zika called for a short recess. The meeting reconvened at 9:14 p.m., with all Councilmembers present (Mayor Lockhart absent). CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 37 LETrER REGARDING BART IJNK TO SAN FRANCISCO INTERNATIONAL AIRPORT 9:14 p.m. 8.1 (1060~30) Economic Development Director Chris Foss presented the Staff Report and adviSed that at the January 6, 2004 City Council meeting, Cm. McCormick requested that Staff prepare a letter opposing the San Francisco BART District's decision to eliminate direct access to SFO from the Dublin/Pleasanton BART station. Cm. McCormick stated she liked the letter. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote (Mayor Lockhart absent), the Council approved the draft opposition letter to be sent to BART and requesting that a representative from BART make a presentation to the Dublin City Council regarding this matter. ST. PATRICK'S DAY PARADE FLOAT 9:15 p.m. 8.2 (950~40) Assistant to the City Manager Julie Carter presented the Staff Report and discussed alternatives for the Council's participation in the St. Patrick's Day Parade this year, including: 1) Antique Cars; 2) Golf Carts; 3) City Council Float; 4) Walking; and 5) Other Alternatives. Cm. McCormick stated she heard a rumor that there may be a Dublin Pride float. If there is, she will be on that one. Ms. Carter stated she was not aware of this, but will find out. Cm. Oravetz stated he likes what they've done the last 3 years having a float and passing out candy. The City Manager does the driving. Cm. McCormick stated she feR it would be kind of cool to have an antique truck decorated and they could all sit in the back. Her second choice would be what they've done before. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 38 CALIFORNIA PARK & RECREATION SOCIETY (CPRS) AWARD OF EXC£LLENCE - TRAIL TREKKER PROGRAM 9:19 p.m. 8.3 (I50~20) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the City of Dublin has been selected as a 2003 CPRS Award of Excellence winner in the awards category of Recreation/Community Services - Personal Development, Health/Wellness for the Trail Trekker Program in the poPUlation category of 20,001 - 50,000. The award will be presented at the CPRS Awards & Installation Banquet during the 56th Annual California and Pacific Southwest Recreation and Park Training Conference in Anaheim. The banquet will be on Friday, March 12th and Staff requested that the Council determine whether a representative of the City Council will attend the banquet to accept the award. Mayor Pro Tempore Zika stated it is appropriate that Mr. Guarienti accept this award. Unfortunately, the Green & White Gala is that same night. The City Council congratulated Staff on this award. fiSCAL YEAR 2005~04 GOALS & OBJECTIVES STATUS REPORT & CIP SCHEDULE 9:21 p.m. 8.4 (100-80) City Manager Richard Ambrose advised that Staff has prepared a report apprising the Council of the status of the FY 2003-04 Goals & Objectives as of December $1, 2005, as well as a schedule for the City's Capital Improvement Program indicating estimated project start and completion dates. Cm. McCormick commented she was very happy to see all those goals either completed or underway. This is great. OTHER BUSINESS 9:22 p.m. City Manager Ambrose reminded everyone that this Thursday at $ p.m. is the deadline for Citizen and Organization of the Year nominations. If you have an organization or individual worthy of consideration, submit the nomination to the City Clerk's Office. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 39 Mr. Ambrose reported on a communication received from the City Manager of Hayward that Assemblywoman Corbett will be leading a discussion on the state budget and its impact on local government on February 12th, 6:30 p.m. - 7:30 p.m. They are asking if this date will work and if not, if there is another Thursday that will work. Cm. Sbranti and Cm. Oravetz both indicated that February 12th works for them. Mayor Pro Tempore Zika stated he will likely be out of town then. Cm. Sbranti asked if this is a briefing for elected officials or an open meeting for the public. Mr. Ambrose stated he would respond that Dublin is interested. Cm. Oravetz reported that the East Bay Division of the League of California Cities met on January 15th and 16th in Sacramento, but he did not attend. Cm. Sbranti stated he thought the Council had a good productive Strategic Planning Workshop meeting last Friday. He stated he also enjoyed Public Works Director Lee Thompson's retirement dinner on January 8th. There was also a good meeting with Supervisor Nate Miley with the Violence Prevention Roundtable. The idea is to convene an ongoing working group for violence prevention to coordinate resources and look at holistic way of preventing violence. Cm. McCormick stated she agreed that the planning workshop was very good, useful and helpful. She stated she attended the Martin Luther King, Jr. prayer breakfast this morning and it was a very beautiful presentation. It is quite unusual to see politicians in a circle holding hands and singing We Shall Overcome. Mayor Pro Tempore Zika congratulated Mayor Lockhart for the excellent job she did with the State of City address at the Chamber of Commerce luncheon. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 40 ADJOUPaX~MENT II.I There being no further business to come before the Council, the meeting was adjourned at ~):28 p.m. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING January 20, 2004 PAGE 41