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HomeMy WebLinkAbout06-06-2006 Adopted CC Min MINUTES OF THE Crn" COUNCIL OF THE Crn' OF DUBLIN REGULAR MEETING - JUNE 6. 2006 CWSED SESSION A closed seSSlOn was held at 6:30 p.m., regardll1g: r. CONFERENCE WITH LEGAL COUNSEL u EXISTING LITIGATION Government Code section 54956.9, SUbdivIsion a Name of case: City of Dublin v. Stover et ai, Alameda Superior Court No.VG06264764 II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code section 54956.8 Property: 6500 Dublin Blvd., Dublin Agency negotiator: CIty Manager Negotiating parties: Larry Plisskm Under negotiation: Holdover agreement (rental agreement) III. PERSONNEL - Government Code Section 54957.6(a) - Conference with Agency Labor Negotiator Richard Ambrose, City Manager - Unrepresented City Employees: Assistant City Manaxer City Ensineer Administrative Analyst II Administrative Aide Assistant Civil Engineer Administrative Analyst I Associate Civil En)/,ineer Administrative Technician Associate Planner Assistant Planner Recreation Supervisor Community Safety Assistant Senior Administrative Analyst En..lI,inecring Technician I Senior Civil Bn)/,ineer En)/,inecring Technician" Senior Planner finance Te<:hnician I Administrative Services Director finance Technician" Assistant to the City Manager Heritage Center Director Building OffidaJ Permit Technician City Clerk Office Assistant I Community Development Virector Office Assistant" u:onomic Development Director Preschool Instructor finance Manager Public Works Inspector Information Systems Manager Recreation Coordinator DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 175 ~ Parks 8< community Services Director Recreation Technician Parks 8< Facilities Development Manager Secretary Planning Manager Se<:retary to the City Manager/Deputy City Clerk Public Works Director/ Senior Finance Technician Assistant City En)/,ineer Senior Office Assistant Housing Specialist Senior Building Inspector Parks 8< Community Services Manager Heritage 8< Cultural Arts Supervisor Parks 8< Facilities Development Coordinator Information Systems Technician I Geographic Information System Coordinator Information Systems Technician" Code Enforcement Officer Senior Plan Checker IV. PUBLIC EMPLOYEE PERFORMANCE 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 Dublm City Council was held on Tuesday, June 6, 2006, m the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:10 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . REPORT ON cWSED SESSION ACTION Mayor Lockhart adVised that no action was taken dUrIng Closed SesSIOn. . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING .June 6, 2006 PAGE 176 ~ ORAL COMMUNICATIONS Report on 2006 Dublin Pride Week Activities and Recostnition of Poster Contest Winners and Dublin Pride Partners 7:11 p.m. 3.1 (150-80) Heritage & Cultural Arts Supervisor John Hartnett presented the Staff Report and provided a synopsIs of actiVItIes accomplished durmg the 2006 Dublin Pnde 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 Winners mcluded: Grand Prize Wmner, Joshua Fernandez, 7th Grade, Wells Middle School; Classroom Award, Mrs. Debbie St. James, Teacher, Wells Middle School; First Pnze Winners: Amanda Chau, 151 Grade, Fallon School; Christopher Daleiden, 2nd Grade, Dougherty Elementary; Beverly Fu, 5th Grade, Dougherty Elementary; Justin Brunnett, 71h Grade, St. Raymond School; and Jessica Zabor, 12th Grade, Valley High School. The following Dublin Pride Partners involved 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, Citilmks, Tri-Valley Herald, Lindsay Wildlife Museum, Dublin Lions Club, and Senior Support Program of the Tn-Valley. . Avoointment of Tenant Commissioners to the Dublin Housing: Authority 7:25 p.m. 3.2 (110-30) City Clerk Fawn Holman presented the Staff Report and advised that the Dublm Housing Authonty (DHA) was created by the City to oversee the operation of the Arroyo Vista housmg proJect. In accordance with State law, the DHA Board is 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 appomtment of Laurlanne Behrens as Tenant Commissioners With terms endmg on May 31, 2008. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGR 177 ~ On motIon of Cm. Zika, seconded by Cm. Hildenbrand and by unammous vote, the Council adopted RESOLUTION NO. 77 - 06 APPOINTING TENANT COMMISSIONERS TO THE DUBLIN HOUSING AUTHORITI' TO TERMS EXPIRING MAY 31, 2008 . Avuointment of Dublin Member to LA VTA's WHEELS Accessible Advisorv Committee 7:27 p.m. 3.3 (I 10-30) Clty Clerk Fawn Holman presented the Staff Report and advised that the WHEELS Accessible Advisory Committee (W AAC) was an adVISOry committee to the Livermore Amador Valley Transit Authority (LA VTA) Board of Directors on matters regardmg 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 WAAC alternate Shawn Costello for a two-year term (expirmg June 2008) as one of Dublin's member representatives. Mr. Costello's appomtment 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 unanimous vote, the Council confirmed the Mayor's appomtment of Shawn Costello as a member With a 2-year term expiring m June 2008. . Avnointments to Housing Committee as a Two-Year Pilot Prmram 7:28 p.m. 3.4 (110-30) City Clerk Fawn Holman presented the Staff Report and advlsed 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 busmess commumty, and 3 members from the Dubhn residential commumty. Mayor Lockhart recommended the appomtments of: Housing/Development Representatives Kathy Avanzino and Dale Garren; Dublin Busmess RepresentatIves Ronald DeDlemar and DUBLIN CITY COUNCIL MINlITES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 17R ~ Steve Murdock; and Dublin Resident Representatives Lynn Locke, Chnstine 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 expiring III 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 this 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, LAWRENCE PLlSSKIN, 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) RESOLUTION NO. 80 - 06 APPROVING AMENDMENT TO AGREEMENT WITH RBF CONSULTING Adopted (4.5 600-30) RESOLUTION NO. 81 - 06 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 - 06 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 MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 180 ~ Adopted (4.9 570-20) RESOLUTION NO. 85 - 06 REPEALING ONE~HOUR PARKING ZONE ON EAST SIDE OF 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 ACCEPfING SENIOR CENTER FURNITURE, CONTRACT NO. 05-04 Adopted (4.12 600-60) RESOLUTION NO. 88 ~ 06 ACCEPfANCE OF IMPROVEMENTS FOR KOHNEN WAY IN DUBLIN RANCH AREA F AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Waived 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 04-016 Accepted (4.14 600-35) Improvements constructed under Contract 05-013, Fuel Tank Removal, and authortzed final payment to American Construction and EnVironmental, less retention to be paid In 35 days if no subcontractor or supp\ter claims received; DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE liB ~ 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 deposit mto 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 conKratulated Housing Specialist Julia Abdala on her upcoming retirement and thanked her for her excellent work in gettinK Dublin's housinK program started. Mayor Lockhart asked when Mr Lucero would beKin his contract work, and expressed concern if he was startinK after Ms. Ahdala 's retirement. City Manager Richard Ambrose advised that, tl approved, the aKreement would be effective immediately and Mr. Lucero would start prior to Ms. Abdala 's departure in order DUBLIN CITY COUNCIL MINUTES VOLlJME 25 REGULAR MEETING June 6, 2006 P.'\(;E 182 (i) to bring him up to speed with the various programs. Mr Lucero's work would fill the gap during the recruitment process. On motion of Mayor Lockhart, seconded by em. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO 92 - 06 APPROVING AN AGREEMENT BETWEEN TIlE CITY OF DUBLIN AND JOHN B LUCERO AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT The Council thanked Ms. Abdalafor her commitment to the City of Dublin and wished her well in her retirement. . WRITI'EN COMMUNICATIONS - None . PUBLIC HEARINGS Public Hearing Prooosed Ordinance Prohibiting the Doeration of Medical Mariiuana Disvensaries 7:34 p.m. 6.1 (560-60) Mayor Lockhart opened the public hearIng. Associate Attorney Leah Peachey presented the Staff Report and advised that on August 16, 2006, the City Council adopted a 45-day moratorium on medical marIjuana dispensaries WithIn 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 dispensarIes. On May 2, 2006, Staff presented the City Council With a report including background informatIon, legal analyStS, surveys of surrounding communities and secondary Impacts of medICal 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 Ordinance prohibiting medical marijuana dispensaries withIn the City. Glenn White, Dubhn resident, expressed his opposItIon to the proposed OrdInance and indICated that, although there was some controversy between State and federal laws, his DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 183 - understandIng of the 10th Amendment of the U.S. ConstitutIon was that if the Constitution did not specify something exactly, It was up to the States to deCide. The U.S. Constitution did not address medICal marijuana, and Cahfornia had decided that It was legal. Unless there was Interstate commerce proven, the Federal government did not have a rIght to regulate medical marIJuana. 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 basIs 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 confhct between the State and Federal government, and that there were other facilities in the region available to those In need. On motIon of Cm. Zika, seconded by Vm. Oravetz and by unammous vote, the Council waived the first reading and Introduced an Ordinance addIng Chapter 5.58 to the DublIn Municipal Code to prohibit the operatIon of medical marijuana dispensarIes. + Public Hearing Dublin Place Commercial Building - Planned Development Rezone with Stage Z Development Plan and Site Development Review for a 17,500 Sauare Foot Commercial BuiIdinst 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 Apphcant was requestIng approval of a PO - Planned Development rezone with Stage 2 Development Plan and Site Development Review to construct a 17,500 square foot commerCial building and related site Improvements including a plaza, landscapmg and parking, located within the existIng DublIn Place Shopping 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 16, 2006 meetIng In order to allow Staff and the Apphcant to address Council concerns related to the project. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE IS4 ~ Alicia Diaz, Vice President of Mayfield Gentry Realty Advisors, advised that the Applicant dId its best to mitigate the Council's concerns m the revIsed plan, and she believed that the outcome was an excellent product. The reVised plan provided retail and public access, and the reconfigurement of the public plaza was quite mce. As a member of the commumty, they had a vested mterest m making the project as pleaSIng and positive as possible. The Council and Apphcant briefly dIscussed that 120 foot wall on the south elevation. There would be landscapmg to break up the lInes, and a new landscaping company had been signed on by the property owner to effectively maintain the vegetatIOn. Mayor Lockhart closed the public heanng. Mayor Lockhart expressed the opinion that the fountain was not art, just a public fountam, and CondItIons # 15 and 16 should be kept. Determining what would go mto the public art sectlOn could be decided later. She was pleased with the changes made and supported the additIon of the stone, change III color and roof Imes, as it would make for a more attractive and successful center. However, the way thiS project got here tonight by bypassmg the Planmng Commission was the exception to the rule. It was very Important that these types of plans go through the formal process of Planmng Commission review. This would not be something that would be done agaIn, as It was not good pohcy. Cm. Zika concurred that these types of Items needed to go through the formal process. The Council depended on the mput from the Planmng Commission. Cm. McCormick concurred that It was a better prOJect, agreed that a fountam was not public art, and stated that she was encouraged that the Applicant was making a commitment for upgraded landscapmg. Cm. Hildenbrand concurred and thanked the Applicant for hstemng and respondIng to the Council's concerns. DUBLIN CITY COlJNClL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 P,\GE HI5 ~ 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 with Stage 2 Development Plan for 7000 Amador Plaza Road; and adopted RESOLUTION NO. 93 - 06 APPROVING A SITE DEVELOPMENT REVIEW PERMIT TO ALLOW CONSTRUCTION OF A 17,500 SQUARE FOOT COMMERCIAL BUILDING AND RELATED IMPROVEMENTS WCATED AT 7000 AMADOR PLAZA ROAD <APN 941-0305-040) PA 05-035 . UNFINISHED BUSINESS - None . NEW BU~INESS Lease of City-OWned I'roDerty to Hamcor Inc. (db. Dublin Tovota) 8:06 p.m. 8.1 (600-20) Assoc:tate Planner Marnie Nuccio presented the Staff Report and advised that Dublin Toyota was requestmg permission to use a portion of City property at the terminus of Dublin Court for vehicle display. The area would be improved with landscaping, hghtIng, a low fence, and a concrete pad. Cm. Zika asked If there was an escalatIng clause in the 1 O-year lease smce the lease rate was so low. Ms. Nuccio adViSed no. Cm. McCormick asked if there would be renegotIations within that time period. City Attorney Elizabeth Silver advised that the proposed terms did not include renegotIatIons, but If the Council desired, the agreement could mclude a renegotiation clause. Cm. McCormICk noted that the Applicant did not agree with Staff's recommendation to use bay-friendly landscapmg, and asked if they were at least using recycled water. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 186 ~ Ms. NUCCIO advised that the Applicant preferred to match the landscaping scheme currently used at the car dealership, and did not use recycled water. em. McCormick advised that she would not support this agreement unless there was some renegotiating on the Iandscapmg. Low, drought resistant shrubs could be just as attractive and easier to mamtam. 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 it look more presentable. The Applicant would like to stay with the existing 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 - 06 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 TERMINUS OF DUBLIN COURT FOR VEHICLE DISPLAY AND ASSOCIATED SITE IMPROVEMENTS PA 05-053 . Murray Schoolhouse 15mh Anniversarv Celebration and Exhibit Grand-OoeninSl: 8:15 p.m. 8.2 (950-40) Heritage Center Director Elizabeth Isles presented the Staff Report and advised that, III Fiscal Year 2005-2006, the City Council rated as a high priOrity goal, "Coordinate grand re-opemng of the Murray Schoolhouse to commemorate the 150th anniversary of the schoolhouse upon completion of the exhibit restoration proJect." Two events were recommended: a preview party sponsored by the Dublin Historic Preservation Association on Friday eVemng, August 4, 2006; and a grand opemng celebration sponsored by the City of Dublin on Saturday afternoon, August 5, 2006. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 187 Cil On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unammous 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, Va~s Pronertv. APN 986~0004~002-01, FA 06-Q3Q 8:22 p.m. 8.3 (420-30) Planning 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 destgnatIon for the Vargas property to reduce the density of the property. In order to study the request, the Council must authorize the InitIatIon of the General Plan and Specific Plan Amendment Study. Cm. Zika expressed support for a reduction in density. Fred Musser, Sun VaHey 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 opportumty to study other alternatIves, such has a hJ.Sh density SIngle-family project. On motion of Vm. Oravetz, seconded by Cm. Zika and by unammous vote, the City Council adopted RESOLUTION NO. 95 - 06 APPROVING THE INITIATION OF AN EASTERN DUBLIN SPEcmc 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 986-0004-002-01), PA 06-030 . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE IRR ~ General Municinal 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 2006, voters in DublIn would elect a Mayor (2-year term of office) and two Councilmembers (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 certaIn 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. On motIon of Cm. Hildenbrand, seconded by Cm. Zika and by unanimous vote, the City Council adopted RESOLUTION NO. 96 - 06 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 MATTERS And RESOLUTION NO. 97 - 06 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 7,2006 . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 189 ~ Declaration of Secondhand Smoke a Nuisance 8:33 p.m. 8.5 (560-90) Associate Attorney Leah Peachey presented the Staff Report and advised that, at the March 21, 2006 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 consider an Ordinance that would declare secondhand smoke a nUisance. This Staff Report was intended to provide the Council with its options in addressmg the issue of secondhand smoke as a nuisance. At this time, Staff was requestmg that the Council provide directIon as to whether Staff should return to Council with a draft Ordmance 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 Ordmance would be clear that this was regarding secondhand tobacco smoke and not, for example, secondhand BBQ smoke. Ms. Peachey advised yes, the Ordmance would be clear to that fact. Cm. Zika asked how the enforcement would occur if an Ordmance were adopted. City Attorney Silver advised that the Ordmance would not make secondhand smoke a crime, it would be a declaration that secondhand smoke would be a pubhc nuisance. The Council could declare something to be a public nuisance, and the Staff Report mcluded the existing activities that the Council had already declared to be a pubhc nUisance. In thiS mstance, If a neIghbor was smoking on hiS balcony and the next door neighbor could smell the smoke, then the next door neIghbor could, If the Council had declared secondhand smoke to be a public nuisance, brmg an actIon in court to ask the Court to abate the nUisance. The City'S Pohce Department would not respond to any calls because It would not be a crime. 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 mdividuals in private actions, the Council could provide Staff direction and adopt a policy as to whether or not the Council wanted Staff to devote any resources to enforcement of that Ordmance. DllBLlN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 190 ~ Vm. Oravetz asked how many complaints had been received by the City regarding secondhand smoke In backyards beSides the letter Cm. Hildenbrand received. City Manager Ambrose adVised that, to his recollectIon, the City had not received any related complaInts other than the one received by Cm. Hildenbrand. Vm. Oravetz asked if an Ordinance would allow someone to call the Police regarding their neighbor smokIng In their own backyard. Ms. Peachey reiterated that this was not a criminal statute, so Police Services would not necessarily be called. The individual 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 comuIg over onto their property. The smoke did not need to be at a specific level; it only needed to be occurring on their property. City Attorney Silver clarified that, if the Council were mterested In purSUIng one of the optIons where the City would be enforcing the Ordinance, then there would be some City Staff time spent on it. Serena Chen, Amencan Lung Association, distributed information on secondhand smoke and adVised that Dublin had been a leader in the Bay Area for protecting its citizens agaInst secondhand smoke. In January 2006, the California Air Resources Board declared secondhand smoke as a toxic air contaminant for which there was no safe level of exposure. The Amencan Lung ASSOCiation did receive a great deal of complaInts from residents regarding secondhand smoke, who might not call a City because they knew there were no City Ordinances. The Amencan Lung ASSOCiation would be happy to help Dublin craft an OrdInance that would respect everyone's rIghts, as well as help With public outreach and mediation services. Bruce Fiedler, DublIn reSident, advised that children exposed to secondhand smoke developed asthma at a greater rate, and girls 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 dedicate Staff to enforce thiS OrdInance. Patncla Peters, Dublin resident, stated that the Council could not legislate cIViltty and courtesy. The proposed legislation was a message that encouraged people to abandon personal responsibility and rely on government to solve theil' problems for them. NeIghbors should be encouraged to work together to solve their disputes, and the City DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 191 ~ should direct Its efforts toward more important matters, such as disaster preparedness and high school eXit exams. PuttIng more Ordmances 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 movmg their chatr to the other Side of their patio. em. Hildenbrand advised It was not her mtent to make smokmg 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 takmg someone to Court would not do it fnvolously. She received a letter from Dublin resident, Shirley Wassom, who was not able to attend tomght, which she read mto the record: "To Whom It May Concern, secondhand smoke has cost us thousands of dollars hecause J am sensitive to the poisons it hrings. J was one of the early voices crying for relief from the damage heing inflicted on the occupants of an air force office where over 300 cigarettes were smoke daily My immune system was damaged and even though my doctors stated I could not work in this environment and that 1 was disahled, my request for disability was denied. J was admitted tu the hospital on the verge of a mental and physical hreakdown, fired from my civil service position. lost retirement henefits and lost mv health. I wore an industrial respirator jor years when I went into public places. My immune system was so totally damaged 1 became allergic to nearly everything J ate, wore or inhaled. Manv 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 money, time and mental anxiety trying to find a way to build up my immune system and find answers. Six years ago we moved to Califurnia to be near one of our sons In the move we had to buy a home that is very close 10 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 hacks right up 10 the windows we like 10 have open for the nice cool breezes California is knownfor This nice breeze brought her smoke right into our home and environment, making it very uncomfortable for us. ff' we closed the windows and turned the air conditioner on, that would also pull the smoke inlo our home. We told Donna her smoke was detrimental to our health, hut she insisted she had the right to smoke when and where she pleased. The only recourse we had was through the homeowners' association on(v because she was a renter, but she ignored anything here. My husband and I feel there need~ to he something done to protect us in our own home from others tobacco smoke since DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 192 @) tests have proven it is detrimental to everyone and not just to those of us who are allergic to it. Manv in apartment huildings are also having this problem. Thank you for your consideration. " Cm. Hildenbrand advised those whose who did not smoke had as much right 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 brmg abatement actions and allowed Dublin residents recourse, If needed. Vm. Oravetz noted that a person could bring actIon agamst another m Small Claims Court Without an Ordinance on the books. Ms. Peachey agreed, and mdlcated that an Ordmance would lessen the burden of proof. Cm. Zika indicated that he understood the Issue, but was concerned with property rights and too much legislation. Cm. McCormick adViSed that she supported OptIon #1, as it providecl people With a vehicle to remedy the situation and did not use Staff time. A lot of high density housing was being approved in Dublin, and this issue would only escalate. Mayor Lockhart stated that dec1armg secondhand smoke a nUisance would offer a tool to those m need to use as a last resort. No one wanted to go to Small Claims Court, and most would only go If they could not resolve It personally. Dublin's "smart growth" mc1uded very dense housmg, and residents should still be allowed to live safely m their own homes. Everyone agreed that secondhand smoke was a carcinogen, and If Dublm allowed homes to be built that created the situation, Dublin had the responsibility to respond to It. An Ordmance based on OptIon # 1 was the first step. Vm. Oravetz suggested that new buildings in Dublin be legislated as non~smokmg; however, at this time, It was a property rights issue. If one of hiS neiShbors indicated that hiS cigar smoking was bothering them, he would stop. Cm. Hildenbrand stated that not everyone was as considerate and Dublin reSidents should have the opportumty to take further action, if needed. On motIOn of Cm. Hildenbrand, seconded by Cm. McCormick and by majority vote (Vm. Oravetz and Cm. Zika opposed), the City Council directed Staff to return to the Council with a draft Ordmance declaring secondhand tobacco smoke a public nUisance and reflectIng the scope of Option #1, provldmg for abatement of the nUisance by a DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 1<)3 ~ prIvate party based on a prIvate nuisance actIon, and indicatIng City polIcy not to spend City resources to bring abatement actions. .. ornER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, inc\udinR Committee Reports and Reports by Council related to meetings attended at City expen!le (A.B 1234) 9:22 p.m. CIty Manager Ambrose advIsed that a San Ramon/Dublm LiaIson CommIttee meetIng would be held on June 7th at 4:00 p.m. at the Civic Center. Cm. McCormIck adVIsed 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 Livermore-Amador Valley TranSIt Authority meetIng with Cm. Hildenbrand, at which tIme the pl'lce increase was dIscussed. 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 Ordmance at a future Council meetIng and how It related to advertISIng the Alameda County Fair. Dublin was the only City in the County that dId not advertIse the upcoming Fall'. 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 during the U.S. Conference of Mayors In Las Vegas, Nevada June 2-4, 2006. Many federal legislators 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 CITY COUNCIL MINUTES VOLUME 25 REGllLAR MEETING June 6, 2006 PAGE 194 ~ CLOSED SESSION 9:35pm 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 Admmistrative Analyst" Assistant Civil Engineer Associate Civil Engmeer Associate Planner Recreation Supervisor Senior Administrative Analyst Senior Civil Engineer Senior Planner Administrative Servi~~s Director Assistant to the City Manager Building Official City Clerk Community Development Director Economi~ Development Director finance Manager Information Systems Manager Parks & Community Services Diredor Parks & Facilities Development Manager Planning Managur Public Works Director/ Assistant City Engineer Housing Specialist Parks & Community Services Mana)l,er Parks & Facilities Development Coordinator Geographic Information System Coordinator Code Bnforcement Officer REPORT ON CLOSED SESSION ITEM City Engineer Administrative Aide Administrative Analyst I Administrative Technician Assistant Planner Community Safety Assistant Engineering Technician I En)l,ineering Technician II Finance Technician I finance Technician" Herita);e Center Director Permit Technician Office Assistant I Office AssIstant" Preschool Instructor Public Works Inspector Recreation Coordinator Recreation Technician Secretary Secretary to the City Manager/Deputy City Clerk Senior finance Technician Senior Office Assistant Senior Building Inspector Heritage 8< Cultural Arts Supervi.,or Information Systems Technician I Information Systems Technician" Senior Plan Checker Mayor Lockhart adVised that no action was taken durmg Closed Session. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 Pt\GE 195 ~ ADJOURNMENT . 11.1 There being no further busmess to come before the Council, the meetmg was adjourned at 9:46 p.m. to an Adjourned Regular Meetmg Budget Hearing on June 13, 2006, at 6:00 p.m. (Closed Session at 5:00 p.m.) m the City Coun il Chambers. ATTEST. .-i\UVV~~ City Clerk ~ DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING June 6, 2006 PAGE 196 ~