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HomeMy WebLinkAbout12-07-2004 Adopted CC Min REGULAR MEETING - DECEMBEß, 7. 2004 A regular meeting of the Dublin City Council was held on Tuesday, December 7, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 p.m., by Mayor Lockhart. · ROLL CALL PRESENT: ABSENT: Council members McCormick, Oravetz, Zika and Mayor Lockhart. None. · PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. · OATH OF OmCE 7:04 p.m. 3.1 (640-60) City Clerk Kay Keck administered the Oath of Office to newly elected Mayor Lockhart and Council members Hildenbrand and Oravetz. · SELECTION OF VICE MAYOR 7:12 p.m. 3.2 (610-20) In 1996, the City Council developed a policy whereby at the Council's first regular meeting in December, following certification of the results of the general municipal election, the City Council shall select one of its members as Vice Mayor to serve for a one-year period. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tern and would assume the temporary responsibilities of the Mayor. Mayor Lockhart stated she appreciates Vm. Zika's time and efforts in his duties this past year. She would like him to remain as Vice Mayor. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 542 On motion of Cm. McCormick, seconded by Cm. Hildenbrand, and by unanimous vote, Vm. Zika was selected to serve as vice Mayor for an additional year. . CITY COUNCIL ORGANIZATION/COMMITIEE APPOINTMENTS/ASSIGNMENTS 7:16 p.m. 3.3 (110-30) Individual members of the City Council represent the City on various local and regional boards/committees/commissions. An updated appointment list has been prepared. Staff recommended that the City Council review and discuss the Mayor's proposed list, make any desired changes, confirm the list and direct Staff to notify affected agencies as appropriate. COMMITTEE Alameda Co. Fire Department Advisory Commission Alameda County Housing Authority Alameda County Library Advisory Commission Alameda County Mayors' Conference Alameda County Waste Mgmt Authority JPA Audit Ad Hoc Committee Association of Bay Area Governments General Assembly Citizen/Organization of the Year Congestion Management Authority DSRSD Liaison Committee Dublin Pride Week Committee Dublin Unified School District Liaison Committee East Bay Division/League of CA Cities East Bay Regional Park District Liaison Committee 1·580 Corridor/BART to Livermore Study Policy Committee Job Training Partnership ActJPIC League of CA Cities Voting Delegate & Alternate REPRESENTATIVE Lockhart Zika (ConfIrmed by AI.eo Board of SupefVilO"') Hildenbrand/Oravetz (Alternate) Lockhart McCormick/Lockhart (Alternate) McConnick/Oravetz ZikalHlldenbrand (Alternate) McConnlcklHildenbrand Lockhart/Hildenbrand (Alternate) LockhartlZika McConnick/Hildenbrand Lockhart/Hildenbrand Oravetz/Hildenbrand (Alternate) Lockhart/McConnick Lockhart/Hildenbrand (Alternate) Oravetz Oravetz/Hildenbrand CITY COUNCIL MINUTES VOLlIME 23 REGULAR MEETING December 7, 2004 PAGE 543 Llvennore-Amador Valley Transit Authority JPA Llvennore City Liaison Committee Lockhart/Oravetz Lockhart/McConnick Pleasanton City Liaison Committee Lockhart/Hildenbrand San Ramon City Liaison Committee Sister City International Committee Lockhart/Oravetz LockhartlMcConnick Tri.Valley Affordable Housing Committee Tri.Valley Transportation Council ZikalLockhart (Alternate) Lockhart/Hildenbrand (Alternate) Zone 7 liaison Committee LockhartlZlka (K'/G/œ..-g&lCURRENTl2'()4.doc Updol<d 121_1(}4) Vm. Zika stated the Alameda County Housing Authority will not work for him due to the timinz of their meetings. Cm. McCormick stated she will continue on this body this month. Staff was requested to put this on the agenda for the next meeting for further Council discussion. The Council advised that LAVTA doesn't really need an alternate. Cm. Oravetz made a motion, which was seconded by Cm. Hildenbrand, to approve the appointments list with the exception of the Alameda County Housing Authority, which will be done on December 21'1. These appointments would be effective for January meetings. Following additional discussion related to possible further shuffling of the appointments which could impact other appointments, Cm. Oravetz withdrew his motion and Cm. Hildenbrand withdrew her second to the motion. The appointments list is continued to the December Z 1 ,I meeting. Following still further discussion, on motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, the Council confirmed the appointment list with the exception of the Alameda County Housinz Authority. Staff was directed to not notify the affected agencies until after the December Z 1 ,I City Council meeting. .. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 544 INTRODUCTION OF NEW EMPLOYEES 7:23 p.m. 3.4 (700-10) New employees William Brandt, Information Services Technician and John Hartnett, Heritage & Cultural Arts Supervisor were introduced. . PRESENTATION BY ALAMEDA COUNTY WASTE MANAGEMENT AUTIIQRITY ON MULTIFAMILY GUIDELINES AND AFFORDABLE HOUSING DESIGN ASSISTANCE TO MEMBER AGENCIES 7:26 p.m. 3.5 (810-10) At the direction of the Alameda County Waste Management Authority (ACWMA) Board, Staff from ACWMA are introducing the Multifamily Guidelines and the Affordable Housing Design Assistance to all their member agencies. Green Building Program Manager Karen Kho made a presentation and explained the guidelines as well as available training on the design. Cm. McCormick asked about an evaluation document. Is this the entrée to doing this through the cities? How does the City encourage developers to do this? Ms. Kho stated in terms ofthe actual project review, it is the thing that helps you speak the same language. They now have the project grading tool which can be incorporated in whatever way seems appropriate. It may differ from city to city. They are willing to work with Staff in developing recommendations. This is new for multifamily development. Cm. McCormick stated she was very pleased to see our senior center out there in the forefront. Cm. Oravetz asked what the building industry feels about this. Ms. Kho stated affordable housing developers are very excited about this. From the market rate developers, they have heard that this gives them a market edge for their project. There is clearly a benefit to the consumer. It's mainly an educational matter as CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 545 there is a steep learning curve. They have had good participation from a full range of the trades. Vm. Zika stated he glanced at the detailed guidelines and likes the layout. It is a matter of people getting used to this, and the cost coming down a little bit. A break-even point on the costs was discussed. . 7:44 p.m. Carol Lopez representing the Dublin San Ramon Women's Club stated she was here to personally thank the City Council and Mayor Lockhart for their support in fundraising for the auto pulse recessitation units. Both cities have their units, but unfortunately there was a mix up in the timing, as they were supposed to be on TV. They exceeded their $35,000 goal that was needed. Mayor Lockhart thanked the Women's Club for this project for both communities. . CONSENT CALENDAR 7;46 p.m. Items 4.1 through 4.11 On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 16, 2004 (Cm. Hildenbrand abstained) ; Adopted (4.2 350-40) RESOLUTION NO. 227 - 04 DECLARING CERTAIN ITEMS AS UNCLAIMED AND SURPLUS PROPERTY Approved (4.3 600-30) Change Order #1, for the Dublin Senior Center Construction Management Services with the Zahn Group ($130,000); CITY COlINCIL MINUTES VOLUME 23 REGULAR MEETING December 7,2004 PAGE 546 Adopted (4.4 600~60) RESOLUTION NO. 228 - 04 ACCEPTANCE OF IMPROVEMENTS FOR GLEASON DRIVE BETWEEN TASSAJARA ROAD AND FALLON ROAD, INCLUDING PORTIONS OF FALLON ROAD AND GRAFTON STREET (The Sierra Land Development Corporation has provIded a $871,750 Maintenance Bond) Adopted (4.5 600-60) RESOLUTION NO. 229 - 04 ACCEPTANCE OF IMPROVEMENTS FOR THE G3 STORM DRAIN LINE DUBLIN RANCH, AREA A "C & H" (The Developer has provIded a $1,445,250 Maintenance Bond) Established (4.6 390-20) a new CIP Project (Downtown Dublin Roadway Improvements) and approved Budget Change of $34,917 to reimburse the City for the costs of developing the Downtown TIF program in Fiscal Year 2004-05; Authorized (4.7 600-35) Staffto solicit bids for Contract 04-14, Police Evidence Ventilation System/Outside Evidence Storage; Adopted (4.8 720-40) RESOLUTION NO. 230 - 04 AMENDING THE BENEFIT PLAN (MEDICAL CONTRIBUTION UP TO $873.50/MONTH) and RESOLUTION NO. 231 - 04 FIXING THE EMPLOYER'S CONTRIBUTION ($873.50/MONTH) UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 547 and RESOLUTION NO. 232 - 04 FIXING THE EMPLOYER'S CONTRIBUTION VESTING REQUIREMENTS FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT Approved (4.9 330-20) Budget Changes related to carryovers from Fiscal Year 2003-04 to IT 2004-05; Approved (4.10 330-20) Final Budget Changes for Fiscal Year 2003-04; Approved (4.11 300-40) the Warrant Register in the amount of $5,171 ,881.72. . PUBLIC HEARING - AMENDMENT TO DUBLIN MUNICIPAL CODE (DMC) SECTIONS 5.100.110 AND 5.100.1Z0 TO PROHIBIT PAINT GUNS IN CITY PARKS 7:47p.m. 6.1 (920-20) Mayor Lockhart opened the public hearing. Parks & Community Services Director Diane Lowart presented the Staff Report and advised that this is the second reading of an Ordinance which would amend the DMC to prohibit the use of paint guns in City parks. Cm. McCormick asked about the penalties. Ms. Lowart stated the first infraction is $100, the second is $200, and the third infraction in one year is $500. Cm. McCormick asked if the police have to actually see somebody shoot the guns. Police Chief Gary Thuman stated the way the law is structured, a misdemeanor or infraction must be committed in front of an officer. Another way would be a witness that could testify. If, in fact, there is damage to property and they can reasonably determine CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGJ<: 548 that it was the approximate result of their actions, we can pursue it that way. As only an infraction, we are fairly limited to what we can do. We have been making many more patrol checks and have made contact with numerous individuals and have advised them of this potential Council action. Mr. Ambrose reported that the City has also spent close to $1,000 clearing materials that have been used as part of the games. The newspapers seem to think this is not a big problem, however, we have had a number of complaints from hikers, including being startled by people jumping out of bushes with paint guns. Vm. Zika stated they've built what is similar to duck blinds, and a bridge was very well constructed. It would have clogged the creek when the rains start. It would have been nice if the newspapers would have gone up to see the environmental damage occurring before they went off on a tangent. Cm. McCormick clarified that the punishment does not include recovering our costs for damages. Assistant City Attorney John Bakker stated potentially the court could order restitution if someone is convicted of an infraction. We can look into recovery such as taking them to small claims court. A maintenance person could witness this. Mr. Ambrose stated there are also heritage trees in that area that could be damaged. Chief Thuman stated he felt that now that there is an enforcement mechanism, the activity will decease. They've identified 20 to 25 separate individuals using this area. Mayor Lockhart stated residents should understand if they witness something, they should call the Police Department. We now have a little more teeth in this, so residents can be the eyes and ears. She stated she was very embarrassed for the newspapers at their reaction. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 27 - 04 AMENDING SECTIONS 5.100.110 AND 5.100.120 TO PROHIBIT PAINT GUNS IN CITY PARKS -+ CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 549 PUBUC HEARING CITY OF DUBUN GENERAL PLAN AND EASTERN DUBUN SPECmC PLAN AMENDMENT TO INCORPORATE THE LAND USE CHANGES OF THE PARKS AND RECREATION MASTER PLAN AND SEMI-PUBUC FACIUTIES POLICY ASSOCIATED TEST REVISIONS AND GENERAL PLAN MODIfiCATIONS TO REFLECT THE EASTERN DUBUN GENERAL PLAN AMENDMENT LAND USE MAP PA 04-035 AND PA 04-054 7:58 p.m. 6.2 (420-30) Mayor Lockhart opened the public hearing. Associate Planner Pierce Macdonald presented the Staff Report and advised that this General Plan and Eastern Dublin Specific Plan Amendment is to modify the Land Use Maps to reflect the Parks and Recreation Master Plan 2004 Update and the City of Dublin Semi-Public Facilities Policy, and to correct land use boundaries. The 2004 Update provides information regarding the City's existing and planned parks. A new "Semi- Public Facilities" land use would be created on the map and new definitions would be added or modified in the General plan and Specific Plan text, as well as associated text changes. The location of a stream corridor was corrected and a new map was distributed. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 233 - 04 APPROVING A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT (PA 04-035 AND PA 04-054) TO INCORPORATE THE LAND USE CHANGES OF THE PARKS AND RECREATION MASTER PLAN AND THE PUBLIC/SEMI-PUBLIC FACILITIES POLICY; TO AMEND THE GENERAL PLAN LAND USE MAP (FIGURE 1-1A) TO REFLECT ORIGINAL INFORMATION INCLUDED IN THE 1993 EASTERN DUBLIN GENERAL PLAN AMENDMENT, EXHIBIT Ai TO AMEND THE EASTERN DUBLIN SPECIFIC PLAN LAND USE MAP (FIGURE 4.1) EXHIBIT B; AND TO ADD ASSOCIATED TEXT CHANGES + CITY COUNCIL MINlJTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 550 APPROVAL OF TRUNCATED DOMES 8:10p.m. 8.1 (820-80) Public Works Director Melissa Morton presented the Staff Report and advised that truncated domes are used in handicap curb ramps as a detectable warning for visually impaired persons to determine the boundary between the sidewalk and the street. The color yellow was recently adopted by Caltrans as its standard. Vm. Zika asked if we have to replace existing areas or just any that we put in from now on. Ms. Morton stated we would revise our procedures to put them in in the future. The additional cost is approx $400 per handicap ramp. It is a very replaceable product. They actually have a very long life. Cm. McCormick asked if it comes in green. Ms. Morton stated green meets the color contrast, but Caltrans has adopted the yellow color and there is an advantage to adopt their standard. City Manager Richard Ambrose advised that we've had lots of discussion about putting this in our streetscape master plan. It is a risk management issue and the question is how much risk you want to take for aesthetics. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 234 - 04 APPROVING THE COLOR (YELLOW) OF TRUNCATED DOMES . 2005-06 GOALS & OBJECTIVES MEETING/ BUDGET STUDY SESSION AND COUNCIL/COMMISSION WORKSHOP 8:17 p.m. 8.2 (l00-80) City Manager Richard Ambrose presented the Staff Report and advised that annually, the City Council holds a special meeting to define the City's Goals & Objectives for the upcoming year. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7,2004 PAGE 551 Mr. Ambrose stated Staff requested that the Council confirm the approach proposed by Staff to establish the City's G&O for 2005-06 that takes into consideration the outcomes from the Strategic Planning Follow-up Workshop; provide Staff with direction on City Council/Commission Workshop; confirm if the approach that was used in the 2004 City Council/Commission Workshop be used in 2005; confirm if the City Council wants to meet with the Commissions on an individual basis, as was the case last year; establish Saturday, February 26, 2005 from 9 a.m. to 1 p.m., as the date/time for the City Council/Commission Workshops; and establish Apri14, 2005 at 6 p.m., as the G&O/Budget Study Session special meeting. A follow up workshop for the Strategic Plan has been approved for January 7'\1. Meeting individually with the Commissions seemed to help over the year. It was beneficial and they appreciated it. Mayor Lockhart suggested we do it again. Consensus of the Council was that everything works. The Council agreed to establish Saturday, February 26, 2005, from 9:00 a.m. - 1:00 p.m., as the date/time for the City Council/Commissions Workshops; and to establish April 4, 2005 at 6:00 p.m., as the Goals & Objectives/Budget Study Session special meeting. . ornER BUSINESS 8;21 p.m. City Manager Ambrose advised that the Dublin Housing Authority will hold a special meeting on December 14tJl from 5-7 p.m., to consider a report from Staff and the Consultants on Arroyo Vista. Cm. Oravetz reported that he attended a LA VT A meeting Monday. There will be some positive changes soon; we will have a bus stop over in the Dublin Ranch area. Trips going out to Santa Rita]ail will be on the half hour. He wished former Dublin High School Coach Bob Gomez, also a co~worker, who is not feeling well, get well wishes. Cm. McCormick stated she attended the opening of the Adolph Martinelli Event Center on Greenville Road in Livermore. It is a beautiful facility and she stated she was happy to see him honored again. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7, 2004 PAGE 552 Mayor Lockhart stated she was honored to welcome a group of about 20 Chinese visitors being hosted by Alameda County Surplus Property Authority. They went on a tour and everyone ended up at Madam Sun's for lunch. She had to leave early and 20 men got up and escorted her to her car. This is a very endearing custom. She thanked Stuart Cook and Pat Cashman. . ADJOURNMENI' 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:26 p.m. ATTEST: r-. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING December 7,2004 PAGE 553