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HomeMy WebLinkAbout4.01 Draft CC 06-18-2002 Minu REGULAR MEETING- June 18, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. Existing Litigation - Government Code Section 5495§.9(a) - Name of Case: Liverrnore Area Recreation and Park Dist~ct v. City of Dublin, Alameda Supe#or Court No. 2002049773 2. Anticipated Litigation - Significant exposure to litigation pursuant to subdivision (b) (1) of Government Code Section 54956.9 (one potential case) - Facts and circumstances: Govemment Code Section 5495§(b)(3)(C) Claims from Good/and Landscaping in connection with Emerald Glen Park Phase I 3. Public Employee Pedormance Evaluation pursuant to government Code Section 54957, Title: City Manager A regular meeting of the Dublin City Council was held on Tuesday, June 18, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:09 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action on the first two closed session items. The Council will continue at the end of the meeting with the third item. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 268 INTRODUCTION OF NEW EMPLOYEE 7:10 p.m. 3.1 (700~10) Public Works Director Lee Thompson introduced Terry Alcantara, the City's new Public Works Secretary. Ms. Alcantara thanked everyone and stated she was so happy to be here and to join a wonderful team of people. PROCLAMATION 7:11 p.m. 5.2 (610~50) Mayor Lockhart advised that we are dedicating tonight's City Council meeting to Mr. Bob ' Cocilova, DuNin's Citizen of the Year this year, whose funeral was today. He was a member of the Lions Club and was a great volunteer in our community. Mayor Lockhart read a Proclamation declaring June 21, 2002 as Dublin (Host) Lions Club Day, in recognition of their 40m anniversary and offered congratulations and sincere gratitude to the 48 members of the Dublin Lions Club and their spouses for their selfless and invaluable time and contributions that have helped to make this a better community for all of us. A1 Hunter, Lions Club President, received the proclamation and stated they are committed for at least another 40 years. When he was first President, Bob was his secretary and he did a real good job. This is a tough position. His wife Helen has been widowed twice from the same disease. Mr. Hunter asked that everyone please remember this family in their prayers. APPOINTMENTS TO TASK FORCE FOR MONUMENT PROJECT (DOWNTOWN STREETSCAPE IMPROVEMENT IMPLEMENTATION) 7:16 p.m. $.$ (1 I0~$0) Senior Planner Janet Harbin advised that in reconsidering the monument design presented in April 2002, the Council determined that past members of the Downtown Task Force be contacted to serve on a new committee to review an appropriate design for the initial downtown monument. Additionally, several other people expressed an interest in serving on this Task Force. cITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 269 Ms. Harbin stated we expect the process to be finished in September. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council confirmed the Mayor's appointment of Mary Beth Acuff, Patricia Benavidez, Bernice Bywater, Julie Nielsen, Diana Day, Bruce Fiedler, Nancy Finley~King, Nancy Feeley, Tom Odam, Dale Garren, Michael Perkins, Rick Camacho, Connie Mack, Larry Barbier and Arlene Raffo to the Task Force. CONSENT CALENDAR 7:19 p.m. Items 4.1 through 4.25 Cm. McCormick pulled Item 4.23. Cm. Sbranti pulled Items 4.5 and 4.I 3 - 4.17. Mayor Lockhart pulled Items 4.3 and 4.10. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 4, 2002; Approved (4.2 600-30) the Fourth Amendment to Agreement with Meyers Nave Riback Silver & Wilson for legal services and authorized the Mayor to execute the Amendment; Adopted (4.4 700-20) RESOLUTION NO. 77- 02 AMENDING THE SALARY PLAN FOR PART-TIME TEMPORARY PERSONNEL Adopted (4.G 220-30/600-30) RESOLUTION NO. 78- 02 AWARDING A CONTRACT TO DATA-COM CABLE, INC. TO INSTALL. DATA, VOICE AND TELEVISION CABLING FOR THE DUBLIN PUBLIC LIBRARY CITY COUNCIL MINUTES VOLUME 21 June 18, 2002 PAGE 270 Adopted (4.7 (~00~$0/600-40/480~10) RESOLUTION NO. 79- 02 APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED AGREEMENTS WITH TRI-VALLEY HAVEN, THE DUBLIN HOUSING AUTHORITY, SPECTRUM COMMUNITY SERVICES, INC., TRI-VALLEY COMMUNITY FOUNDATION AND AMENDMENT NO. 1 TO THE PUBLIC PARTICIPATING AGREEMENT BETWEEN THE CITY OF LIVERMORE, CITY OF PLEASANTON AND ALAMEDA COUNTY, TO INCLUDE DUBLIN AS AN ADDED PARTICIPANT AND AUTHORIZING THE MAYOR TO EXECUTE THESE AGREEMENTS Adopted (4.8 700~£0) RESOLUTION NO. 80- 02 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES and RESOLUTION NO. 81 -02 ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE Adopted (4.9 600~$0) RESOLUTION NO. 82 - 02 APPROVING AN AGREEMENT WITH DANIEL B. LOPEZ ON AN AS-NEEDED BASIS BY THE COMMUNITY DEVELOPMENT DEPARTMENT FOR TECHNICAL FINANCIAL ANALYSIS RELATING TO AN AFFORDABLE SENIOR HOUSING PROJECT and authorized the Community Development Director to sign on behalf of the City; CITY COUNCIL MINUTES VOLUME 21 i~EG[ i!,AR ME~?,T1NG June ! 8, 2002 PAGE 271 Adopted (4.11 700-40) RESOLUTION NO. 83- 02 AMENDING THE PERSONNEL SYSTEM RULES (SALARY ADJUSTMENTS) Adopted (4.1Z 6OO~$O) RESOLUTION NO. 84- 02 APPROVING AN AMENDMENT TO THE CONTRACT WITH SINGER FUKUSHIMA EVANS, INC., TO ASSIST THE TASK FORCE ON THE DOWNTOWN MONUMENT (DOWNTOWN STREETSCAPE IMPROVEMENT IMPLEMENTATION PROJECT) authorized the Community Development Director to execute contract amendment on behalf of the City, and authorized an appropriation of funds in the amount of $30,032 in the CIP Budget; Approved (4.18 600-30) a Budget Change and adopted RESOLUTION NO. 85- 02 APPROVING AMENDMENT TO AGREEMENT NO. 2 WITH CCS PLANNING & ENGINEERING, INC., FOR CONSULTANT SERVICES 1-5801TASSAJARA ROAD INTERCHANGE IMPROVEMENTS DESIGN Adopted (4.19 600- 30) RESOLUTION NO. 86- 02 APPROVING CONSULTING SERVICES AGREEMENT WITH SNG & ASSOCIATES, INC. Accepted (4.20 600-35) improvements under Contract 01-09 (2000-0I Annual Overlay Project Fall 2001-02) and authorized the release of retention after 35 days if there are no subcontractor claims; CITY COUNCIL MINUTES VOLU/VtE 21 June 18, 2002 PAGE 272 Approved (4.21 600-35) a Budget Change and accepted improvements under Contract 01 ~17 (Annual Sidewalk Safety Repair Program and Curb Ramp Installations) and authorized release of retention after 35 days if there are no subcontractor claims; Adopted (4.22 600-30) RESOLUTION NO. 87- 02 APPROVING AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH ZUMWALT ENGINEERING GROUP Adopted (4.24 540~80/350-20) RESOLUTION NO. 88- 02 AUTHORIZING WAIVER OF COMPETITIVE BID AND AUTHORIZING STAFF TO PURCHASE ONE TYPE 4 PATROL VEHICLE FROM HI-TECH EMERGENCY VEHICLE SERVICE, INC. ($116,904.57) Approved (4.25 300~40) the Warrant Register in the amount of $1,504,048.88. Mayor Zockibart pulled Item 4.$ and requested that an overview be provided of the election process. City Clerk Kay Keck advised that before the Council this evening are two resolutions which will stax the baIl roIling on the election process. The Ct& will have an elecbbn in November, 2003 to be consolidated with the Statewide General ElecHon. The City must make this consolidation request to the Alameda CounU Board of Supervisors. The Council must also determine whether candidate statements will be allowed to contain 200 or 400 words. Past practice has been to allow 300 words. The Council must also determine whether the CiO, or canch'dates shall pay the costs for publishing of canch'date statements in the sample ballot. This years estimated cost will be $400 per candidate statement. Past practice has been that candidates pay for the cost of printin$ their statements. Ms. Keck pointed out that there is an indi~ency clause in the Elections Code, which allows a candtdate to not have to pay this amount before the election. CITY COUNCIL MINUTES VOLUME 9. I REGULAR MEETING June 18. 2002 PAGE 273 On motion of Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted (4.3 630-20) RESOLUTION NO. 89- 02 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE C~TY OF DUBLIN ON NOVEMBER $, 2002; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS and RESOLUTION NO. 90- 02 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECT!0N TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002 Cm. Sbrand pulled Item 4.5 related to the transfer of control of the Cable System Franchise and questioned the ~on~exclusive' phrase. What are our other options? Mr. Behrmann stated the City does not go out and look for cable operators. If operators come in, we could look at setting up a franchise. Cm. Sbranti asked what process would we go through? Mr. Behrmann advised that we would open up negotiations. We have heard from no others, nor have we solicited. Cm. Sbranti asked how it works with the 4 cities being together7 Would soliciting have to be open to all the cities? Mr. Behrmann explained that the cities have gone together to save costs. Mayor Zockhar~ stated she served on a committee that selected a consultant to negotiate the franchises. Each of the contracts are individual to the city. CITY COUNCIL MINUTI~$ VOLUME 21 REGULAR MEETtNG June 1 8, 2002 PAG£ 274 Cm. Sbranti asked if they look at rates and channels offered? Did they look at customer satisfaclion in numbers of channels offered or rates? Mr. Behrmann explained the provess we used when we negotiated the a~eement. The item tonight is basicallyjust givin$ consent to go from one entity to another. We chd a lot of these things a year ago when we ~enegotiated our franchise agreement. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted (4.5 1050~10) RESOLUTION NO. 91 - 02 CONSENTING TO THE TRANSFER OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE Mayor Lovkhat~ pulled Item 4. I0 related to SB 149 L She stated she asked that we send a letter opposing this bill which creates another level of 19 member regional policy transit board. This bill leaves out any representation for small urbanized agencies such as our WHEELS system which sewes a lot of people. H is impo~ant for us to become very vocal on this issue. Cm. Oravetz commented that the other LA VTA board members concurred. Cm. Zika stated he sits on the CMA board and another layer of bureaucracy ~vill scrape more money off our funch'n g sources for getting our roads fixed, getting BART to Livevmore, having enough buses, etc. The big operators suck this up. They get all the power and the votes. On motion of Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council authorized (4.10 660~40) the Mayor to sign and send a letter opposing SB 1491, San Francisco Bay Area Regional Transit Policy Board. Cm. Sbranti pulled Items 4. I3 through 4.17 regarch'ng the assessment ch'st~icts and asked the reason for having all these be different assessment ch's~t~bts. Why not combine them as one? Public Works Director Lee Thompson explained that these were ail started at ch'fferent times. When we became a City, we took over the County Serve District to do ali the steer lights in the City. He ch's~ussed the need for and how each ch'strict was developed. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 1 8, 2002 PAGE 275 They all have different benefits and different levels of lundin. Two are lishtin$ and 3 are landscapin$ distzicts. Cm. Shrank' asked if we could consolidate them at some point. ~4r. Thompson stated any one dis~nbt could $o away if they had enoush votes. Ms. Silver stated she did not think legally we could combine them. Council adopted (4.13 360-50) RESOLUTION NO. 92- 02 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-t and RESOLUTION NO. 93- 02 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CiTY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83'1 (JULY 16, 2002) Adopted (4.14 360-20) RESOLUTION NO. 94 - 02 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) and RESOLUTION NO. 95- 02 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (JULY t6, 2002) CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 276 Adopted (4.15 SGO~~.O) RESOLUTION NO. 96- 02 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511) and RESOLUTION NO. 97 - 02 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CiTY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (JULY 16, 2002) Adopted (4.16 $60-20) RESOLUTION NO. 98- 02 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) and RESOLUTION NO. 99- 02 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 83-2 (JULY 16, 2002) Adopted (4.17 $60~20) RESOLUTION NO. 100- 02 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) CITY COUNCIL MINUTES VOLUME 21 June 18, 2002 PAGE 277 and RESOLUTION NO. 10t -02 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (JULY 16, 2002) Cm. McCormick pulled Item 4.23, but stated she did not mean to pull this one. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted (4.23 540-80/350-20) RESOLUTION NO. 102- 02 AUTHORIZING WAIVER OF COMPETITIVE BID AND AUTHORIZING STAFF TO PURCHASE ONE PIERCE QUANTUM TRIPLE COMBINATION PUMPER TYPE 1 ENGINE FROM GOLDEN STATE FIRE APPARATUS, INC. ($365,221.42) PUBLIC HEARING - AMENDMENTS TO CONFLICT OF INTEREST CODE (MUNICIPAL CODE CHAPTER 2.24) 7:39 p.m. 6.1 (640-40) Mayor Lockhart opened the public hearing. City Attorney Elizabeth Silver advised that this is the second reading of an Ordinance amending the City's Conflict of Interest Code. The Code was last updated in 1996. Changes in Staff titles and organization of the City since that time necessitated an amendment to the Code. In addition, changes in the Political Reform Act and Fair Political Practices Commission (Fl'PC) regulations necessitated other changes. Other clarifying revisions to the Code have been made based on the rrrC's sample COI Code. No testimony was entered by any member of the public relative to this issue. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 278 Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9 - 02 AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE PUBLIC HEARING - WEST DUBLIN BART SPECIFIC PLAN (WDBSP) AREA REZONING A CITY~INITIATED APPLICATION TO REZONE PARCELS IN THE WEST DUBLIN BART SPECIFIC PLAN AREA FROM EXISTING ZONING DISTRICTS M~ 1, C~ 1 AND C~2 TO PLANNED DEVELOPMENT (WEST DUBLIN BART SPECIFIC PLAN) ZONING DISTRICT 7:40 p.m. 6.2 (450-30/410-55) Mayor Lockhart opened the public hearing. Associate Planner Kristi Bascom presented the Staff Report and advised that this is the second reading of an Ordinance which would rezone parcels within the West Dublin BART Specific Plan (WDBSP) area. The intent of rezoning the parcels is to bring the zoning designations for the area into conformance with the land use designations contained in the WDBSP, which was adopted by the City Council on December 19, 2000. 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. Sbranti, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 10- 02 AMENDING THE ZONING MAP TO REZONE PARCELS IN THE WEST DUBLIN BART SPECIFIC PLAN AREA FROM EXISTING ZONING DISTRICTS M-l, C-1 AND C-2 TO PLANNED DEVELOPMENT (WEST DUBLIN BART SPECIFIC PLAN) ZONING DISTRICT PA 02-014 CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June ] 8, 2002 PAGE 279 PUBLIC HEARING ~ VILLAGE PARKWAY SPECIFIC PLAN (VPSP) AREA REZONING ~ A CITY-INITIATED APPLICATION TO REZONE PARCELS IN THE VPSP AREA FROM EXISTING ZONING DISTRICTS C-N, C~I AND C~2 TO PLANNED DEVELOPMENT (VPSP) ZONING DISTRICT 7:42 p.m. 6.3 (450~30/410~55) Mayor Lockhart opened the public hearing. Associate Planner Kristi Bascom presented the Staff Report and advised that this is the second reading of an Ordinance which would rezone parcels within the Village Parkway Specific Plan (VPSP) to bring the zoning designations for the area into conformance with the land use designations contained in the VPSP, which was adopted by the City Council on December 19, 2000. 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. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 11 -02 AMENDING THE ZONING MAP TO REZONE PARCELS IN THE VILLAGE PARKWAY SPECIFIC PLAN AREA FROM EXISTING ZONING DISTRICTS C-N, C-1 AND C-2 TO PLANNED DEVELOPMENT (VILLAGE PARKWAY SPECIFIC PLAN) ZONING DISTRICT PA 02-012 DUBLIN MUNICIPAL FIRE STATION NO. 18 MITIGATED NEGATIVE DECLARATION PA 02~010 7:44 p.m. 8.1 (540~70) Associate Planner Kristi Bascom presented the Staff Report and advised that a Mitigated Negative Declaration has been prepared for Fire Station No. 18, to be located on the western side of Fallon Road at its intersection with Bent Tree Drive in Dublin Ranch~ to serve the eastern portion of Dublin. The currently vacant site is approximately 1 acre. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 280 The project includes the construction of an 8,945 square foot fire station, 10 on-site parking spaces, associated landscape improvements, and a service bay for the fire trucks. Mayor Lockhart asked if we got the new earth tone colors. Ms. Bascom stated P&CS staff is working on this. Mayor Lockhart stated she wants to be reassured that nobody is buying a house in that area without knowing what is coming. Ms. Bascom stated Toll Brothers is providing disclosure to the buyers. The Community Development department has also received several calls. Mayor Lockhart asked if we know for a fact that Toll is doing this? Have we seen a document? Mr. Ambrose started we can place a sign up "future home of Fire Station 18". Cm. Sbranti asked about the alignment of Fallon Road and if this will impact the location of the Fire Station. Ms. Bascom stated this should not affect the station location. It is located where Bent Tree comes into Fallon. Cm. Sbranti asked if this will be the eastern most station. Ms. Bascom replied yes it is. Elpi Abulencia, Linden Street, stated he lives in Emerald Park. He has a big concern for safety of community. Stations are necessary for our City. He questioned the details of where the building of the structures are in the priorities of the City. Is it on a fast track approach? Mayor Lockhart stated yes it is a high priority for us to get these stations up and going. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 103- 02 ADOPTING A MITIGATED NEGATIVE DECLARATION FOR MUNICIPAL FIRE STATION NO. 18 ON FALLON ROAD PA 02-0t0 CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 1 8. 2002 PAGE 281 DUBLIN MUNICIPAL FIRE STATION NO. 17 MITIGATED NEGATIVE DECLARATION PA 0Z-011 7:52 p.m. $.2 (540-70) Associate Planner Kristi Bascom presented the Staff Report and advised that a Mitigated Negative Declaration has been prepared for Fire Station No. 17, to be located on the west side of Madigan Road north of Gleason Drive and south of Broder Street, to serve the eastern portion of Dublin. The approximate 1-acre site is currently occupied by temporary buildings and parking areas to serve a California Department of Transportation (Caltrans) yard. The project includes the construction of a 12,752 square foot fire station, 17 on-site parking spaces, and a service bay for the fire trucks. Mayor Lockhart commented with both of these stations, she commended Staff on the green building efforts. This sets a good example for the whole community. Cm. Sbranti asked if both stations will be owned and maintained by the City. Ms. Bascom stated yes, this is correct. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 104- 02 ADOPTING A MITIGATED NEGATIVE DECLARATION FOR MUNICIPAL FIRE STATION NO. 17 ON MADIGAN ROAD PA 02-01 ~ APPROVAL OF DUBLIN GENERAL PLAN DISPLAY MAP 7:54 p.m. $.3 (410-9.0) Associate Planner Kristi Bascom presented the Staff Report and advised that since approval of the City's original General Plan in 1985, there have been a number of amendments, but at no time has the City formally adopted a single General Plan Land Use Map that covers the entire City. A map has been prepared which contains all of the land use designations and street circulation patterns as approved by the City Council. The only item left to add to the map is the City limit boundaries, which will be added after the effective date of LAFCO's approval of the Eastern Dublin Property Owners' Reorganization. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 282 Ms. Bascom advised that the map before the City Council is not proposing to change any of the land use designations in the General Plan (GP) text or on any of the approved Land Use maps. This map is simply a compilation of the two previously approved land use maps along with all GP amendments that have been approved by the Council. Because no amendments are proposed to the GP, there is no additional environmental review required. Mayor Lockhart commented she likes all the open space and parklands. Pat Croak asked if, as an official map will it be noted that the road alignment is conceptual. The print is so small, he had trouble reading it. Ms. Bascom stated there are notes that say the road alignment for Central Parkway as it merges with Dublin Boulevard is noted that it is conceptual. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 105- 02 APPROVING THE DUBLIN GENERAL PLAN DISPLAY MAP ANNUAL REVIEW OF EXISTING BUILDING & SAFETY SERVICE CONSULTANTS 7:59 p.m. 8.4 (440-30) Senior Building Official Gregory Shreeve presented the Staff Report and advised that the City contracts with three firms for Building & Safety Services: Linhart Petersen Powers Associates (LPZA), Bernard Johnson Young Incorporated (BJY) and 4Leaf, Inc. Current Staff levels are: Lp2A- 1.~ In-House Plans Examiners, 1 Commercial and 2 Residential Building Inspectors BJY- 1 Residential Building Inspector 4Leaf- 1 Commercial Building Inspector Mr. Shreeve stated the firms have received positive responses on the City's Customer Service cards over the past year. Their work has been exemplary and responsive to the City's needs. He reported a minor correction on the first page and stated the BJY · employee has left and been replaced by someone from 4Leaf. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 1 8, 2002 PAGE 283 In FY 2002-0:3, contract inspection and plan checking services will include 1 ½ full time In-House Plans Examiners, 2 full time Commercial Inspectors and :3 full time Residential Inspectors. In addition, some additional off-site plan examiner services will be performed for complicated commercial projects. Mr. Shreeve stated Staff recommended that the City continued to contract with these :3 firms in FY 2002~0:3. All provisions of the latest contracts with these firms, including cost of various services shall remain in effect. Cm. Sbranti talked about the number of inspections estimated for next year. He asked if five field staff people really do 1 ~),000 inspections? Mr. Shreeve discussed the industry standard and stated each inspector does 1:3 to I4 inspections per day. Mr. Ambrose stated we have a lot of tract developments so one inspector works there all day long so the number goes up. This is the industry standard. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council approved continuation of contracts with Lp2A, BJY and 4Leaf for Building & Safety Services. AUTHORIZATION FOR INITIATION OF A SPECIFIC PLAN FOR THE SCARLETr COURT AREA AND REQUEST FOR DIRECTION TO STAFF FOR FUTURE ACTIONS 8:05 p.m. 8.5 (410-55) Senior Planner Andy Byde presented the Staff Report and advised that during establishment of the Goals & Objectives for 2002-03, the City Council ranked as a high priority goal, the initiation of a Specific Plan for the Scarlett Court area. The area has a General Plan designation of Business Park/Industrial: Outdoor Storage (LA. IL .25 to .40). The GP designation anticipates retail and manufacturing activities conducted outdoors such as mobile home or construction materials storage. The zoning for the entire area is M~ 1 (Light Industrial), which allows warehousing, industrial and other similar uses. The M-1 zoning was originally established under the County jurisdiction and has remained unchanged since the City was incorporated. Mr. Byde discussed the issues, specifically: Specific Plan Boundaries, Specific Plan (SP) Initiation and Moratorium. CITY COUNCIL ~ES ' VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 284 Staff preliminarily identified the proposed boundaries for the Scarlett Court area: approximately 26 parcels, consisting of approximately 52 acres of land, bounded on the west by Dougherty Road, the north by Dublin Boulevard, the south by 1~580 right~of~ way, and the east by the Iron Horse Trail right~of~way. Mr. Byde stated Staff requested direction regarding the proposed boundaries of the SP and Staff requested authorization to initiate a St' study for the area. Staff will prepare a work program, anticipated budget and Requests for Proposal (RFPs) to send out to consultants. Staff will return at a future meeting to request authorization to send out the RFPs and to present a draft work program and anticipated budget amount. Mr. Byde stated Staff also requests that the City Council provide direction as to the appropriateness of enacting a moratorium for the area. If the City Council directs Staff to return to the next Council meeting with a moratorium, the interim ordinance would take effect immediately if adopted by a 4/5 vote of the City Council. State law limits the initial term of the ordinance to 45 days, and further allows for the extension of the ordinance by 10 months and 15 days, and again by one year, following a noticed public hearing. If a moratorium is desired, Staff requested that the Council provide direction regarding the scope and the exemptions of the proposed moratorium. Mayor Lockhart discussed the appropriate exemptions listed, which include: "(1) any builch'n$ permit submitted prior to the effective date of the moratorium; (3) any discretionary action (and its associated builch'ns permit) submitted ptior to effective date of the moratorium; (3) work or mochfications to a builch'n$ which will not mochfy the appearance or potential use ora bu~ldin$ or other work deemed necessary by the Buildin$ Ofhbial for the safety of the occupants; and (4) proposed new auto sales franchises." She asked if there have been any? Mr. Byde stated a building permit has been issued for the Dublin Volkswagen project. Mayor Lockhart stated a number of years ago when we looked at redevelopment, this area came back as one of the few areas which could ~ considered eligible for redevelopment. She stated she would like to hear a consultant's opinion on this. Mr. Ambrose stated the consultant felt this area was too small. Mayor Lockhart felt this area needs a lot of work and this may be one of the tools we'll need to do something with the area. She hates to cancel out the whole concept of redevelopment in this area. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 285 Cm. McCormick suggested we could review the study and see specifically what they referred to in that area and what the disqualifiers were. Mr. Ambrose stated the state legislature has really tightened the rules on what redevelopment agencies can do. What types of infrastructure has to be built and powers of condemnation have to be reviewed. Cm. Sbranti stated he did not feel size should be a deterrent. There are a lot of small redevelopment agencies. The City Council concurred and indicated they would like to see the study brought back. Cm. Zika suggested we look at the State Budget with impacts on redevelopment areas. They may be in deep trouble. Mr. Ambrose clarified that Staff should bring the study back, develop scope of work and incorporate a review of the findings of the study. Mayor Lockhart felt the Council would need to review uses. This is such a great entrance to our City that it deserves it. Cm. Oravetz stated he supports the concept. This area needs a great deal of help. He felt this should be down a bit on the list, however. Mayor Lockhart pointed out that if you put a moratorium on, you may be holding up some businesses. Let them come back with scope of work and the Council could then prioritize. Cm. Zika discussed timeframes. Staff could come back July 2'~d with a temporary moratorium and then later with a one year moratorium. He stated he doesn't want property owners hung up before they can do something. We need to give them some kind of direction regarding what they can do with their property. Mr. Byde stated the moratorium could be up to 2 years total. Cm. Sbranti asked how property owners are notified. Mr. Byde stated we will certainly notify them, based on City Council direction. Mr. Ambrose asked how much time should be given to respond. CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING June 18, 2002 PAGE 286 The Council agreed to 30 days Mr. Ambrose clarified that Staff should give 30 days notice prior to the City Council deciding on the moratorium. The Council could take action at the August 6th City Council meeting. Cm. Sbranti discussed the vacant Pak N Save lot across the street and asked if this could be included as part of the specific plan area? Can we look at the whole area? Mayor Lockhart pointed out we would be placing a one~year moratorium on the Pak & Save site if this were to be included. Cm. Zika stated he would prefer to not include this site. Cm. Sbranti asked how many property owners own the Pak N Save site. Mr. Foss stated on the Pak N Save site this is owned by Safeway, then you have the Golf Mart which is a separate property owner. The gas station is another separate parcel on the corner. Cm. Sbranti stated he felt the community is interested in seeing something on the Pak N Save site, but given this information, it would be best to not include this. Michael Reiss spoke on the piece of property formerly known as Dolan Lumber facility located within this area at 6365 Scarier Court. It is about 3 ½ acres in size. He has been working with Mr. Dolan through one of his associates to lease this property. He reported that he has contacted 2 auto franchises who have a sincere desire to come into the Dublin market. A third franchise is yet to be contacted, simply because of the time factor, however there are 3 that have a sincere desire to come here. He stated he knows the City wants a fresh face on this and he would make many capital improvements to the property to make it more presentable. He intends to renovate the existing facility by installing an atrium style showroom on the facility and install exterior lighting and fencing. At some time in the future, if approved, the intent would be to build a completely brand new state of the art facility on that location. He can bring to the City employment potential and capitalize on the synergy of the other auto services. He estimates approximately $19 million in taxable income with just the one franchise. The land could easily handle a second franchise. He is hopeful that if there is a moratorium being explored, the exclusion of new auto dealerships would be excluded from this moratorium. Cm. Zika questioned if we put a moratorium on, do we put it on everything? CITY COUNCIL MIN~S VOLUME 21 REGULAR MEETING June 1 8, 2002 PAGE 287 Mr. Byde stated it is possible to exclude certain uses. Mr. Ambrose stated one of the issues to be looked at is do we continue to look at small parcel development or create incentives where some of these parcels can be consolidated for a completely different type of use. An example would be land use designation for office complex which could cover several parcels. Our plan could include financial incentives for property owners. Cm. Zika asked about the timeframe for the dealerships. Mr. Reiss stated he was in negotiations with one franchise and originally anticipated an opening date of July of this year. He started negotiations back in February. He would look to be able to open by the first of next year. This would be realistic. Cm. Oravetz made a motion to accept Staff's recommended boundary, to give 30~day notice of the moratorium and come back August 6th and take it from there. Cm. Sbranti seconded the motion, which was approved by a unanimous vote. Staff clarified that the motion included adoption of the Resolution approving the study. Cm. McCormick stated she is not supporting exempting uses as this time. She would like to see a Conditional Use Permit (CUP) required. Cm. Zika stated he felt if we notice people of a possible moratorium, we can still approve a CUP for something in the area. This would have to be called out in the Ordinance. Cm. Sbranti agreed that he did not want to see any exemptions at this point. People can come talk to them in the meantime. We should notice everybody. Clarification was made that they're not going forward with the moratorium at this time. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 106- 02 AUTHORIZING THE INITIATION OF A SPECIFIC PLAN FOR THE SCARLETT COURT AREA CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 1 8, 2002 PAGE 288 INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY FOR DUBLIN RANCH WEST/WALLIS PA $:40 p.m. 8.6 (420~$0) Associate Planner Pierce Macdonald presented the Staff Report and advised that Mr. James Tong, representative of Chang Su O Lin, property owner, is requesting that the City initiate a General Plan and Specific Plan Amendment Study to allow for changes to land use designations for approximately 184 acres of land, located west of Tassajara Road and south of the Alameda County line, prior to annexation by the City. The applicant proposes changes as follows: Increase Open Space, Relocate Neighborhood Park, Increase Residential Density, and Change School Site. Cm. Sbranti asked about the elementary school. Page 2 indicates, "Does not include proposed dwelling units on Elementary School site." Ms. Macdonald stated this is one of the issues that will be considered by Staff. The exact terms have yet to be worked out. Cm. Sbranti asked what it is we are considering. Ms. Macdonald replied zoning for medium high density residential and underlying or split zoning could include either school or housing. Mr. Ambrose stated the intent is if for whatever reason, the school district does not require a school there, it will have another land use designated. Planning Consultant Mike Porto stated the applicant's request is to allow an underlying zoning for residential should the school district opt to not use the site. Cm. Zika asked if it automatically rolls over to residential without the City Council being involved? Mr. Porto stated as the application currently shows, they are requesting the ability for the underlying land use, therefore not requiring a GPA, and whether or not it needs to come back to the City Council, would be how the document is crafted. What they may be trying to do is provide a land use designation that in the event the school does not utilize the property they don't have to go through the whole GPA and SP process. This is not something we are used to doing here in Dublin. CITY COUNCIL MINUTEs VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 289 Mr. Ambrose stated we have done this on parkland. The property owner does not have to come back and request a rezoning. They would have to satisfy the conditions of the development agreement. Cm. Zika stated he would rather see the City Council involved before this is converted from school to residential. He learned from his 10 years on the Planning Commission, that the school district has not been very good at forecasting. This should be crafted to come back before the Council. Cm. Sbranti shared his concerns. They would make a recommendation on whether we would accept or deny. This could be an item of discussion with the school district. All they're doing tonight is having Staff take a look at this. Cm. Zika stated his major concern is that when this land is gone, it's gone. Mr. Ambrose asked if the study should delve into more depth with the school district in the evaluations? Mayor Lockhart stated she would like an opportunity to have a workshop with the school district to discuss the City Council's concerns. Martin InderbitZen, 7707 Koll Center Parkway, Pleasanton, stated he appreciates support of recommendation to initiate GPA study. He discussed the history of the application and approach to processing this property in connection with annexation request. The topography of the land possibly cannot be developed with the existing land use plan. They would like to reorganize the land uses, do the Gl' and SP amendments consistent with this and then move forward with the annexation. Mr. Inderbitzen stated they have been working on this property since the Fall of 2000. They first submitted this application in July of last year. The request to initiate a GPA and St' actually is never one they have used before in Dublin Ranch. He would appreciate the City Council's support. As to the school district issue, this is just one dealing with the urbanization of land uses and may be a minor one. They do not intend to delete the school on the site; this is a school district decision. He was hoping to avoid having to come back in the event they determine that the school is not needed. This would be a default position. They could come back before the City Council if this second layer is to be implemented, if they desire. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council adopted CITY COUNCIL MIN~S VOLUME 2 I REGULAR MEETING June ]8, 2002 PAGE 290 RESOLUTION NO. 107- 02 APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY FOR CHANG SU O LIN FOR APPROXIMATELY 184 ACRES OF LAND LOCATED ALONG TASSAJARA ROAD AND THE ALAMEDA COUNTY LINE FIRE SERVICES CONTRACT EVALUATION 8:57 p.m. 8.7 (600~40) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the Alameda County Fire Department (ACFD) has provided the City with a high level of service over the last five years. The current contract expires on June $0, 2002. The Staff Report provided a comprehensive review and included: Quality of Services Provided Station Location and Staffing Response Times Adequacy of Services Provided Fire Protection/Response Services Emergency Medical Response Hazardous Materials Response Fire Prevention Services Community Education Cost of Services Reports and Records Inventory Facilities In summary, Ms. Pattillo advised that in developing the proposed Fire Services Contract for the period 2002-07, every City Department was allowed to provide input on recommended improvements for this proposed Fire Contract. The City met with ACFD on several occasions to craft the new Fire Contract language using the following mutually agreed to framing elements: · Ensure that the new Fire Contract has overall clarity in all the sections and captures the lessons learned in the previous five years. · Service Levels to the community, particularly the areas of expansion, are clearly stated. · Implement procedures that increase collaboration between the City and ACFD. CITY COUNCIL ~~S VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 291 Ms. Pattillo stated Staff is of the opinion that ACFD has taken its contractual commitment to the City of Dublin seriously. ACFD has provided the City with a high level of service that demonstrates a commitment to customer service. Staff recommended that the City Council approve a five-year agreement with the ACFD from July 1, 2002 through June :30, 2007. Ms. Pattillo recognized the efforts of Julie Carter and Sheldon Gilbert during this process and. thanked the City Manager and Fire Chiefs for their leadership. Cm. McCormick asked, in terms of monitoring response times, how these statistics are kept. Ms. Pattillo stated they are supplied on a monthly basis, so we can see developing trends. Cm. Sbranti asked how often Camp Parks is utilized for some of the fires in the east. Chief McCammon stated they are working with PARKS now to incorporate them in the City's responses. We have a very good working relationship with them. Cm. Sbranti asked if they collaborate with the PD when they go into some of the neighborhoods. Chief McCammon stated there is a natural link and synergy around the neighborhood watch programs. Ms. Pattillo stated they are working with getting the nexus between the programs. Mayor Lockhart brought up weed abatement and stated at the old BP station, the weeds are up to the fence. Fire Marshal Jim Ferdinand discussed this and stated he will come back next Monday with a public hearing for abatement on one particular property. Access gates at PARKS were discussed, in particular the 8th Street entrance. Access issues are being worked on. Mayor Lockhart asked how many fire personnel serve Dublin only or are pretty exclusive to Dublin. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 292 Chief McCammon stated they do a complete bid of the department every two years. They have a mixture of DRFA and Alameda County personnel and once they are assigned, they stay for two years. Mr. Ambrose discussed mutual aid and the importance that all personnel are familiar with Dublin. We do this through training and drills and the bid system. On motion of Cm. Oravetz, seconded by Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 108- 02 APPROVING AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE ALAMEDA COUNTY FIRE DEPARTMENT FOR FIRE AND EMERGENCY RESPONSE SERVICES (JULY 1, 2002 - JUNE 30, 2007) Chief McCammon recognized the people who provide a high level of service to Dublin, including Jim Ferdinand, Sheldon Gilbert, Ed Laudani, Bonnie Terra and Harold Martin who have really done a good job. He stated he appreciates the relationship. OTHER BUSINESS 9:16 p.m. Mr. Ambrose reported that with the recently authorized award of bid for Dublin Boulevard, in front of City Hall, work will commence this week and go through 2003. There will be some inconvenience during the construction process. The end product will be a much better 6~lane road to carry traffic. Mr. Thompson stated they will do as much as possible during non~peak times. They will first have to do some demolition and underground some utilities. Mr. Ambrose stated the budget hearing will be held this coming Monday, June 24th, beginning at 6 p.m. On June 25*h at 6 p.m., there will be another fire authority meeting in San Ramon. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 293 Cm. Oravetz reported that there will be a LAVTA meeting on June 24th at 4 p.m. There is an East Bay Division meeting coming up. Assistant City Manager Joni Pattillo and the Chamber of Commerce President and Executive Director will also attend. Cm. Oravetz stated he had a citizen ask him about Fandangos and what we are doing. Building Official Gregory Shreeve advised that we currently have in plan check, tenant improvement for another restaurant to go there. There will be a CUP required. The Zoning Investigator is in contact with the property owner once a month to make sure they keep their weeds down. Parking will be a major issue and all the work required in the lot. Cm. Oravetz asked when the new library will open. Mayor Lockhart stated January 2003, if not before. Cm. Zika stated he attended the housing task force meeting. They may have an alternative suggestion for the City Council. This is a very active group. He asked about the fireworks booths and stated he assumed the same rules apply as last year. There will be visits by public safety people. He asked if signs had been ordered? Cm. Sbranti stated he also attended the housing task force meeting which is moving right along. He also attended the Relay for Life event. He also attended the Valley High School graduation at Castlewood County Club and also the Dublin High School graduation. It was a cool and very breezy night. Cm. McCormick reported that she attended the Army Ball at PARKS RFTA for the 227th birthday of the Army. With regard to the winner of the Bus Shelter art, they threw them all out, so it is back to the drawing board. They will request some different artists to present concepts. She went to CTV30 studios last night and participated with the live call-in show. She went to an elected women's lunch today. Tomorrow, she will attend an affordable housing meeting in Oakland. The event, Affair at the Civic, will be held Saturday night, featuring art, wine and food. The cost is $30 and everyone is invited. Mayor Lockhart stated she had opportunity to attend a hotel association meeting last week with people from the State Hotel Industry. The pictures are not real bright and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING June 18, 2002 PAGE 294 cheery. They spoke of minimum wage issues and the impact of the insurance industry. They are not expecting to open a lot of new hotels, but they are holding their own and they do see an increase in rooms rented over last year. She stated she truly enjoyed the DHS graduation; it was a beautiful ceremony. She attended and enjoyed the Golden Medic event held at PARKS last Saturday. People came in from all over the country and set up self~contained operating rooms. This was a very eye~opening experience and to listen to remarks about the value of our base was tremendous. She attended a Waste Management planning authority meeting today and they approved two composting projects in the County; Materials Recovery Inc., and at Altamont Land Fill to provide opportunity for County to take food, green clippings, and save the land fill a lot. These two projects will be about $13 million to get going. This is all out of Measure D money. She will attend the affordable housing conference tomorrow. CLOSED SESSION At 9:30 p.m., the City Council went back into closed session for consideration of item #3. At 9:45 p.m., Mayor Lockhart announced that there was no reportable action. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING June 18, 2002 PAGE 295