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HomeMy WebLinkAbout02-17-2004 Adopted CC Min RE~LLLAR M~TIIV6 - FE~BRUAR~ 17, gOO& A regular meeting of the Dublin City Council was held on Tuesday, February 17, 20047 in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz~ Zika and Mayor Lockhart. ABSENT: Councilmember Sbranti (arrived at the meeting at Z'$O p.m.) PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. ACCEPTANCE OF GRANT FROM ALTAMONT CRUISERS 7:06p.m. 3.1 (150~70) Chief of Police Gary Thuman presented the Staff Report. The Altamont Cruisers donated $1,000 to Dublin Police Services for purchase of a portable 8' event display board which will be used in the police drug education program. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote (Cm. Sbranti absent), the Council accepted the grant; approved the Budget Change; and directed Staff to prepare a formal acknowledgement to the donor. 2003 ORGANIZATION OF THE YEAR NOMINEES 7:08 p.m. 3.2 (610~50) The nominees for Dublin's 2003 Organization of the Year are: CMAD, Inc. (Citizens Making A Difference) and the GFWC Dublin/San Ramon Women's Club. Mayor Lockhart presented a representative from each nominated organization with a Certificate of Recognition. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 63 The winner will be announced at the City's "Spotlight on Volunteers" event being held on Thursday, February 26th at the Dublin Radisson Hotel. 2003 CITIZEN OF THE YEAR NOMINATIONS 7:11 p.m. 3.3 (610-50) The nominees for the 2003 Citizen of the Year include: Catherine Brown, Dave Burton and Kathleen (Kelly) Knabe. Mayor Lockhart presented each nominee with a Certificate of Recognition. The winner will be announced at the City's "Spotlight on Volunteers" event being held on Thursday, February 26th at the Dublin Radisson Hotel. PRESENTATION BY PUBLIC WORKS STAFF ON NATIONAL POLLUTANT DISCHARGE EIJMINATION SYSTEM (NPDES) PROGRAM 7:15 p.m. 3.4 (1030-20) Public Works Director Melissa Morton explained that this presentation was intended to update the City Council on the progress that Staff has made in implementing the new NPDES permit, highlighting certain measures that have already been incorporated into project planning for Capital Improvement Projects and into the City's review of private development projects. The new NPDES permit requirements will add costs to the City for City-sponsored Capital Improvement Program projects. Private development projects will also realize an increase in total project costs that will be passed on to the buyers of development real estate. Cm. McCormick commended Staff on this wonderful program. Education as well as all the committee work is so important. Vm. Zika asked if we got any money for the copper roof removed from the old Library building. Ms. Morton stated it was coating, not actual copper roofing. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 64 PRESENTATION BY ALAMEDA COUNTY SUPERVISOR NATE MILEY ON MEASURE A ESSE~ HEALTH CARE SERVICES TAX INITIATIVE ON THE MARCH 2~'O BALLOT 7:21 p.m. 3.5 (660-30) Supervisor Miley advised that this initiative is intended to provide additional support for health services to low-income and uninsured residents of Alameda County through a half percent (.5%) sales tax increase throughout Alameda County. It is estimated that $90 million would be generated annually. Mx. Miley explained that healthcare has always been in crisis. A Monterey measure failed with 61%. Measure A requires a 2/3 vote for passage. If approved, the new tax would become effective July 1, 2004 and would sunset on June 30, 2019. People who would like more information may contact the office of Alameda County Board of Supervisors President Gail Steele at (510) 272-6692. He stated he had signs, bumper stickers, buttons, etc. He requested that the Dublin City Council endorse this measure. Mayor Lockhart clarified even though these hospitals aren't located within Dublin, their services are available to Dublin citizens. An Editorial in Tri-Valley Herald criticized the Board for hiring a consultant. She asked Mr. Miley to comment on this. Cm. Sbranti arrived at the meeting at 7.'30p. m. Mr. Miley discussed h°w the Board and TruStees differ in responsibility. The decision to hire a consultant was a decision made by the Board of Trustees. They come in and look at a hospital's operation from top to bottom and come up with an implementation plan to right size the medical center. The ANG Newspaper Group was not right in criticizing the Board of Supervisors when this was not their decision. Cm. McCormick asked if a citizen's oversite committee will be geographically balanced. Mr. Miley replied the Board of Supervisors will make the appointments and he was not sure at this time how many will be on the committee, but it will be geographically balanced. Cm. Sbranti stated he has endorsed this and he hopes it passes. He asked what happens if it doesn't? CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 65 Mr. Miley stated they are hopeful that CAMEO will improve operational efficiencies, but despite this, with patient loads increasing and revenues decreasing, there will still be some factor of a deficit. There will be continued layoffs and a denegration of services. Vm. Zika talked about prior consultants hired in the last 4 years. What assurances do they have that things will improve and this won't be just another open checkbook? Mr. Miley stated he did not originally support the structure of the Board of Trustees. He is still of this basic opinion, but is willing to see how they work with CAMEO to see how they right things. They are looking at the possibility of one option having something like a Commission instead of a Board of Trustees. CAMEO will implement; that's their job. CAMEO reports directly to the Board of Trustees, not the CEO. They have a 30~day clause to allow to terminate if they run into opposition to their strategies. Vm. Zika stated he did not see anything saying the County will continue to fund at their current levels and this will be in addition. Mr. Miley stated they fund $1 O0 million and discussed maintenance of effort. There have been changes on the Board of Trustees. Mayor Lockhart stated there have been a number of positive changes. Cm. McCormick asked Attorney John Bakker, since they don't have another meeting before the election, if there is any way they can endorse this. Mr. Bakker stated Council action or adoption of a Resolution supporting this would have to be taken at a duly noticed special meeting. Individual Councilmembers may endorse the initiative, however. CONSENT CALENDAR 7:45 p.m. Items 4.1 through 4.6 Cm. McCormick pulled Item 4.2. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes: None CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 66 Adopted (4.3 670-40) RESOLUTION NO. 23 - 04 APPROVAL OF GRANT OF EASEMENT FOR ELECTRIC AND TELEPHONE UTILITIES TO ALAMEDA COUNTY FOR EMERALD GLEN FIRE STATION NO. 17 Adopted (4.4 600-30) RESOLUTION NO. 24- 04 APPROVING AN AMENDMENT TO THE IMPROVEMENT AND MAINTENANCE AGREEMENT FOR BOX CULVERT TO CHANNEL DRAINAGE DROM DUBLIN RANCH Accepted (4.5 600- :35) improvements under Contract 0 $ ~ 01, Village Parkway Improvements- Amador Valley Boulevard to Dublin Boulevard; and authorized the release of retention payment to Granite Construction Company after $ 5 days if there are no subcontractor claims; Approved (4.6 $00~40) the Warrant Register in the amount of $5,480,:319.56. Cm. McCormick pulled Item 4.2. This year we replaced 38 poles. She asked if this is the combined number orjust the number for this year? Public Works Director Melissa Morton stated there were 38 replaced for just this year. The replacements were to happen over a petgod of years. Assistant Ci& ManagerJoni Pa~Ilo stated it was a ~ year plan. Ms. Pat~71o advised that there was a site study/analysis done and replacement is done by need Ms. Morton stated the new poles are galvanized so they have a 50+ year life. We had a pole go down today due to high winds and our Staff was very responsive. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council accepted (4.2 600-35) improvements under Contract 03-16 (Street Light Pole Replacement, Phase 2) and authorized final payment to Brown & Fesler, Inc., less retention to be paid in $5 days if no subcontractor claims are received. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 67 PUBLIC HEARING PARKS AND RECREATION MASTER PLAN - FEBRUARY 2004 UPDATE 7:50 p.m. 6.1 (920-30) Mayor Lockhart opened the public hearing. Parks & Community Services Director Diane Lowart advised that the Draft Parks and Recreation Master Plan - February 2004 Update and an Initial Study to assess the potential environmental effects of the Master Plan Update have been completed. The Parks & Community Services Commission considered the Draft Master Plan on February 9th, and recommended a number of editorial changes to the document. In order to make the changes to the document, it is recommended that after conducting a public hearing tonight, that the item be continued to the March 16, 2004 City Council meeting. Vm. Zika asked if the Parks & Community Services Commission will look at the changes again? Ms. Ix)wart responded no, they just directed Staff to make the changes. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. The Council continued this item to a public hearing at the March 16, 2004 City Council meeting. PUBLIC HEARING ORDINANCE AUTHORIZING GROUND LEASE BY AND BETWEEN THE CITY OF DUBLIN AND DUBHN SENIOR LIMITED PARTNERSHIP IN CONNECTION WITH THE CONSTRUCTION OF A 54~UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT 7:52 p.m. 6.2 (600~$0/450~80) Mayor Lockhart opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that the City of Dublin is the owner of the former library site, located at 7606 Amador Valley Boulevard. The City Council will consider providing a 99-year Ground Lease to Dublin Senior Limited Partnership (Eden Housing, Inc., General Partner) for the CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 68 purposes of constructing Affordable Senior Housing. The Ground Lease provides for payment to the City of one dollar per year, payable in advance, for the 00-year term. Judy Banner addressed the Council and stated she has lived in Dublin 42 years. Her concern was that on the property where the old Library sat, there is going to be a Senior Community Center. How will we fit 54 units and a Senior Center and still have room for parking? She stated she felt it would be nice to see a design somewhere. Mayor Lockhart advised that this had been discussed many evenings and our Staff and Eden Housing feel quite comfortable that everything will fit. The units are 1-bedroom and because of the age and income level of the occupants, the parking requirements are different. There will be parking underneath the building. Mr. Peabody stated he would be happy to share the layout with Ms. Banner. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6 - 04 AUTHORIZING A GROUND LEASE BETWEEN THE CITY OF DUBLIN AND DUBLIN SENIOR LIMITED PARTNERSHIP PUBLIC HEARING AMENDMENT TO DUBLIN MUNICIPAL CODE TO PROVIDE FOR AN INCREASE IN SAI,ARY FOR MEMBERS OF THE CITY COUNCIL 7:57 p.m. 6.3 (700-20) Mayor Lockhart opened the public hearing. Assistant City Manager Joni Pattillo presented the Staff Report and advised that this is the second reading of an Ordinance which would increase the salary for members of the City Council in an amount equal to 5% of the current $625.66 monthly compensation for calendar years 2003 and 2004, for a total of $687.58 monthly. The Mayor would continue to receive an additional $100 monthly. This increase would not become effective until after certification of the November 2004 election. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 69 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. Sbranti, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. 7- 04 AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN SALARY FOR MEMBERS OF THE CITY COUNCIL Cm. Oravetz voted in opposition to the motion. APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL AS PART OF THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN 7:58 p.m. 7.1 (520-30) Administrative Analyst Jason Behrmann presented the Staff Report and advised that a Comprehensive Emergency Management Plan, which addresses the City's responsibilities as they relate to natural disasters, human-caused emergencies and technological incidents, was adopted by the City Council in January, 2004. In order to ensure the continuity of government in the event of a major disaster, it is appropriate for the City Council to appoint Standby Officers. Mr. Behrmann advised that a Resolution had been prepared which would appoint the members of the Planning Commission as primary Standby Officers of the City Council and members of the Parks & Community Services Commission as secondary Standby Officers. Cm. Sbranti clarified that this is in case members of the City Council are unable to perform duties associated with an emergency. He asked if the whole commission gets appointed? Mr. Behrmann stated whoever on the City Council is able to be there, they would appoint additional members. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 70 On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 25- 04 APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL (COMPREHENSIVE EMERGENCY MANAGEMENT PLAN) STANDARD PACIFIC HOMES ANNEXATION STUDY AND POTENTIAL GENERAL PLAN AMENDMENT REQUEST FOR PROPERTY LOCATED AT 6847 TASSAJARA ROAD 8:00 p.m. 8.1 (420-30/620-20) Community Development Director Eddie Peabody presented the Staff Report. The Applicant, Norman Soares of Standard Pacific Homes, is proposing to annex approximately 67 acres located at 6847 Tassajara Road and to develop a single-family home project that would consist of 93 single-family homes, 8 affordable duet units and 43.3 acres of open space. Cm. Sbranti asked, if the City Council authorizes this to go forward, would this look at feasibility of other options such as neighborhood commercial? There are some geographic constraints that he recalled when they looked at the Wallace property. It is important to look at neighborhood commercial as part of this study. He stated he was not sure which property is most appropriate, but we need to look at this. Mr. Peabody expressed agreement and stated there are environmental constraints on this property that will have to be examined in some detail. Mayor Lockhart stated she felt it is important to not plan in a vacuum; there may be some economies of scale. Cm. Oravetz questioned the amount of park space we are looking at? Mr. Peabody stated one of the issues being discussed is that we will have a major street with development on both sides and it would be appropriate to examine whether there is a good location for some parkland on either side of the roadway. We will take a good hard look at this. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 71 Cm. Sbranti stated he felt we should look at wherever the best fit happens to be. Cm. McCormick stated she is concerned about another 93 beige 2~story houses with some duets. Hopefully, we will encourage some creativity. She stated she doesn't like cookie-cutter look out there. Vm. Zika stated he hopes when we get to the affordable units, we can do better than what the last developer did. He asked if this would this delay the study report on the other two if we agree to look at this? Mr. Peabody stated this is a question that will certainly be addressed when they present the Community Development Goals & Objectives to the City Council. We are basically running out of land in that area. Norman Soares with Standard Pacific stated Mr. Peabody pretty much hit everything they are looking for. They will address the issues with Staff and make sure the project will be suitable and one which the City can be proud of. They look forward to working with Staff on this. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 26- 04 APPROVING THE INITIATION OF AN ANNEXATION STUDY FOR STANDARD PACIFIC HOMES FOR PROPERTY LOCATED AT 6847 TASSAJARA ROAD MISSION PEAK PROPERTY CIVIC GREEN BUILDING ORDINANCE 8:12 p.m. 8.2 (550~10) Assistant City Manager Joni Pattillo presented the Staff Report, gave background information, and advised that Staff has completed an extensive review of the cost/benefit implications of implementing environmentally friendly building practices on City projects like the upcoming Emerald Glen Recreation Center. The proposed program and Ordinance would be designated as the Green Building Program and the environmental compliance benchmarks being recommended are contained in the Leadership in Energy & Environmental Design (LEEDTM) Green Building Rating System. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 72 Ms. Pattillo explained that it is possible that this Ordinance will result in increased costs for certain capital improvement projects. The precise costs are unknown and will partially depend on the desired level of certification selected by the City Council. It is estimated that City projects requiring LEEDTM silver certification under the proposed Ordinance could experience cost increases of up to 2% of the total project cost and an additional $20,000 to $40,000 for the LEEDTM application process. Another potential outcome might be a need to adjust Development Fees associated with Public Facilities to accommodate the estimated increase of 2%. However, green buildings typically result in significant life cycle savings, often exceeding the initial investment by as much as ten times. Ms. Pattillo commended those who worked on this, including Herma Lichtenstein, Gregory Shreeve, Jeri Ram, Melissa Morton, Ferd Del Rosario, Jason Behrmann, John Bakker, Bob Cantrell and Wendy Sommer and Darren Bouton with Alameda County Waste Management Authority helped us get focused. Ms. Pattillo discussed the 3 options for LEEDTM certification. Cm. McCormick asked what is the big leap to silver? Ms. Pattillo stated it is a doable goal, more than the minimum, and they felt it is attainable. Cm. Sbranti talked about the 26 to 33 points to get the silver and asked about the $3 to 39 threshold. Ms. Pattillo stated a lot of unique green practices would have to be implemented. Silver is something we want to be able to reach and demonstrate successfully. It is a growth mechanism for the City. The LEEDS recognize that humans use the buildings. It is a very practical rating system. A lot of the things are untested. Cm. Sbranti asked if refurbishment projects would be included in the $3 million? Ms. Pattillo replied yes. Mayor Lockhart stated if there were opportunities to go higher, we would definitely try to go higher than the silver level. Ms. Pattillo stated the best economic policies are the ones that balance economical and environmental aspects. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 73 Vm. Zika stated he likes the cost effectiveness over the life of the building. As time and technology improves, getting above the silver level would be fairly attainable. We at least get a start. Cm. Sbranti stated Syntex Homes in Livermore did this. Cm. Oravetz commented he thought this was an excellent report. They first talked about this at a Tri~Valley Council meeting about a year ago when Pleasanton brought this up. These buildings will be good things. It will cost us about 2% more, but in the end, we get 10% back. Ms. Pattillo advised that our approach takes it a step further than Pleasanton's Ordinance. Wendy Sommer with Alameda County Waste Management Authority stated they are fortunate to have Mayor Lockhart as a member of their board. She commended Staff and stated this is a group of people who are very thorough and very objective. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council directed Staff to use the silver level for LEEDTM certification and to make the appropriate modifications to the Ordinance and present the Ordinance for its first reading at the next City Council meeting. Mayor Lockhart stated Valerie Barnes was in the audience tonight. Ms. Barnes served on the Waste Management Board when she was on the City Council and was the one who got her involved. OTHER BUSINESS 8:38 p.m. Ms. Pattillo advised that live televised City Council meetings will begin with the next meeting, March 2ha. The telecast will go to Channel 28. There will be a press release, and information posted on both the City and CTV websites. Ms. Pattillo reminded everyone of the volunteer recognition event being held on Thursday evening, February Z6m, starting at 6 p.m. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 74 Ms. Pattillo discussed the need to conduct City Council disaster trainin$. The options are one hour prior to a City Council meeting or if the City Council wishes to take part with Staff training potential dates woUld be March 5th, March 19th or March Z6th. This training would take about 2 hours. Following discussion, the Council determined that it would like to do the training at 5:30 p.m., on Tuesday, April 6th, prior to the City Council meeting. Cm. Oravetz stated he and Vm. Zika will attend a League of California Cities East Bay Division meeting this week. John Russo will be speaking about the local government ballot measure. He thanked those involved in putting on the high school baseball hall of fame dinner, which he emceed. He attended Assemblymember Ellen Corbett's meeting in which she gave information on the state of the state. He will be unable to attend the volunteer recognition event, as February 26t~ is also the Kaleidoscope dinner at the San Ramon Marriott. He had an opportunity to play golf at the new Dublin Ranch Golf Course. It is very nice. Vm. Zika stated he attended the Mayor's Conference dinner on February 1 lth. Today he had the opportunity to be one of the individuals to select science fair projects. Cm. Sbranti stated on February 7th, he attended a CMA meeting. They discussed the transportation backlog and lack of funding, but did discuss funding for I~ 580. He is on the Board for ACAP and they had to lay off 3 of their 4 staff members. Real people are being affected. Yesterday, he went to tour the Dublin Ranch Villages Townhomes. They are really nice and innovative designs; he was impressed. People are looking forward to Bray Commons and Grafton Street locating there. Cm. McCormick stated she attended a Dublin Pride Week meeting and they are rolling up their sleeves and will be creek cleaning on May 1 st. They will have a lot of exciting projects. She should be coming forth soon with information on the proposed cemetery in the area, and will be asking the City Council to look at plans and whether we should support this. The Green & White Gala will be held at the new Golf Course on March 12th. Tickets are on sale now. She was also at Dougherty School for the science fair and congratulated Ryan who is in the fourth grade. He created kind of a play dough type thing and says he is going to market it on Ebay. He named it GEK. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 75 Mayor Lockhart asked about Dublin Pride Week and the Rose of Dublin. Ms. Pattillo stated it takes a tremendous lead time and we probably won't see this this year. Mayor Lockhart stated she hopes we plan to expand our wonderful rose garden. There are high expectations in the community. Mayor Lockhart stated she hopes everybody is paying attention to Measure 2 regarding bridges in the area to provide some transportation dollars for traffic relief. She has personally endorsed this and hopes everyone else will also, as well as Measure A. Mayor Lockhart stated she spent last week in China and had many opportunities to work with governments over there. They are getting opportunities that they've never had before. They are very generous in their time and effort. She talked with them about setting aside open space and park acreage for new developments. They are remodeling an entire new city. Other than the fact that there are 860,000 people, she stated it reminds her of Dublin. Dublin is high in their thoughts. She gets e-mails on a regular basis from them. Cm. McCormick reminded everyone of Measure D for Dublin Schools and urged people to support this and also Measure B for community college. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:53 p.m. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING February 17, 2004 PAGE 76