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HomeMy WebLinkAbout4.01 Draft Minutes 12-18-2007 DRAFT Mmuntes olf tllue Cuty CounUllcull oft' tllu e Cu ty olf Dun b llm REGUILAR MEEl'lING -December ]J~9 2007 CLOSED SESSlION- None <> A regular meetmg of the Dubhn CIty CouncIl was held on Tuesday, December 18, 2007, m the CouncIl Chambers of the Dublm CIVIC Center The meetmg was called to order at 7 00 pm, by Mayor Lockhart <> ROLL CALL PRESENT CouncIlmembers HIldenbrand, Oravetz, Sbranb and Scholz, and Mayor Lockhart ABSENT None <> PlLEDGE OF AlLLIEGlIANCE The pledge of allegIance to the flag was recIted by the CouncIl, Staff and those present <> -- - - - DlI.ffiLlIN ClIl'Y COl[JNClIlL MlINUl'ES VOILUME 26 REGlULAR MEEl'lING Decem beIr Jl8, 2007 JP> AGIE 5Jl3 tj, I V DRAFT ADD 1I1'JEM 1'0 AGENDA The following statement was made by CIty Manager RIchard Ambrose ThIS morning at approxImately 5 30 a fire occurred In the CIVIC Center, whIch was after the posting of the agenda Staff surveyed the fire and water damage, and determined that Immedzate repazrs are ImperatIve and necessary to protect the safety of the pub!zc and Staff uszng the CIVIC Center and to restore the affected areas of the buzldmg to full operatlOn Staff does not be!zeve the CIty Counczl should walt untIl the next regularly scheduled councIl meeting of January 15 because that could result In a several week delay In restoring the bUIlding to a fully functlOnIng enVIronment MotlOn by Mayor Lockhart, seconded by Cm SbrantI, and approved by unanzmous vote, pursuant to Government Code SectlOn 549569, subdIVISIOn (b)(1) that there IS a need to dISCUSS an agenda Item to conSIder declaring an emergency pursuant to publzc contract code sectIOn 20168, wQlvmg competItIve blddmg reqUlrements and authorlzmg the CIty Manager to enter Into an agreement for fire and water remedzatlOn of the CIVIC Center, In an amount not to exceed $50,000, that the need to take such actwn came to the attentzon of the CIty after tOnight's agenda was posted, that It IS necessary to conSIder thIS Item zn order to restore the CIVIC Center to ItS fully functIOning state, and that thzs Item be added to the agenda(Item #3A) pursuant to Government Code Sectzon 549542 ORAlL COMMlUNlICA 1'1IONS 7 15 P m (3 A - Added to the Agenda) (53()-lOJ FIre ChIef Sheldon Gzlbert reported on the CZVIC Center fire, Includzng the request for a 2nd alarm to mInZmlZe damage to CIty property and documents, and stated the maJorzty of damage was water damage rather than smoke or fire FIre Marshal Bonnze Terra reported on the fire Investzgatwn and confirmed the fire was the result of a halogen lzght bulb, located dIrectly over a planter box, explodmg and Ignztzng materzal In the planter box Cm Oravetz asked about the locatIOn and checkzng other halogen lzghts located In CIty Hall D lUlffiLlIN ClIl'Y CO UN ClIlL MKNlUl'JES VOLUME 26 REG Ul.AR MJElEl'lING DeceHltTi beIl" n 8, 2007 lP' AG]E 5Jl~ DRAFT PubZzc Works DIrector MeZzssa Morton responded that combustIble materzal IS being removed from all planter boxes and replaced wIth pea gravel and that Staff IS inVestIgating replacement of halogen Zzght bulbs wzth florescent CIty Manager Ambrose spoke on the amount of damage, process of remedzatIOn and closure of the CIVIC Center to the publzc, WIth the exceptIOn of telephones and e-maIl, and stated offices WIll contznue to be closed at least untzl Thursday He asked if CouncIlmembers could make theIr offices avazlable to CIty Staff for the next couple of days In conclUSIOn he thanked FIre and Pollee Personnel for containing a lot of the damage and noted calls receIved from neIghboring CItIeS and school superintendent offerzng aSSIstance CouncIlmembers spoke In support of makzng theIr offices avazlable to CIty Staff Mayor Lockhart thanked the FIre and Pollee Department for theIr professIOnal manner, flexIbIlzty and worlang together She also commented on offers of aSSIstance recezved from other entztzes Publzc Works DIrector Morton presented the Staff Report and advIsed that remedIatIOn was started Immedzately at the estImated cost of $50,000 She stated there WIll be addItIOnal costs for property restoratIOn whzch are unknown at thIS tIme and SInce there are InsuffiCIent funds avaIlable zn the BUlldzng MaIntenance budget, a budget change IS necessary Cm SbrantI spoke on the CIrcumstances of the fire CIty Manager Ambrose stated the $50,000 estimate does not Include all costs and Staff WIll report back when final costs are determzned MotIOn by Mayor Lockhart, seconded by Cm SbrantI, and by unanzmous vote, the CIty Counczl approved the budget change and adopted DlUIaILlIN ClIl'Y COlUNClIlL MlINUl'lES VOlLUMJE 26 ]REG lUlLAR MEEl'lING DecembeIr Jl8, 2007 PAGE 5Jl5 DRAFT RESOLUTION NO 224-07 APPROVING FINDING OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER CouncIl consensus for Staff to report back wIth an update at the January 15th CIty CouncIl Meetzng lIN1fRODUCED NEW EMJPLOYJEES 7 25 p m 3 1 (700-10) New employees Roberta DIkeman, Network Systems Coordmator and Rachel FIshier, Parks and Commumty ServIces Office ASSIstant II were mtroduced and welcomed by the Mayor and CounCIl - -- <> CdV CmnnncnHmemlbeJr JPrnrlle Week Commnttee AlJ)JI}om1l:mends 7:27 p m 32 (Jl50-80) AdmmlstratI ve Analyst Roger Bradley presented the Staff Report and requested the CIty CouncIl appomt two of Its members to the 2008 Dublm Pnde Week CommIttee for a lImited term begmnmg January 2008 and endmg December 2008 The DublIn Pnde Week CommIttee plans and prepares an annual event, whIch seeks to engage mdlvlduals and/or groups m actIOn based actIVItIes to help Improve the commumty On motIon of Cm SbrantI, seconded by Mayor Lockhart and by unanImous vote, the CounCil deSIgnated the appomtment of em SbrantI and em Scholz to serve on the DublIn Pnde Week CommIttee for the hmIted term of January 2008 through December 2008 <> DlUBlLllN ClIl'Y COUNClIL MlINUl'ES VOILlUMlE 26 lREGlULAR MEIEl'lING Decemlber Jl8, 2007 PAGE 5Jl6 DRAFT Natnomnll Leagune of Cntnes (NlLe) Delegate AjpjpouHlltmeUllt fOil" llJjpcommg Marcllu 200~ lFedell"allLe2!nsDatnve VJ!)dall:e 7 30 jp m 3 3 (11'110-30) Mayor Lockhart clarIfied the CIrcumstances of nomInatIng herself as the delegate to attend the NatIOnal League ofCIt1eS March 2008 Federal LegIslatIve Update In WashIngton DC, to prOVIde the opportUnIty to meet WIth members of the Homeland Secunty Group to help expedIte funds for the East Bay RegIOnal CommunIcatIOn System Councllmembers spoke m support of Mayor Lockhart's appoIntment as the delegate for the NatIonal League of CItIes March 2008 Federal LegIslatIve Update III Washmgton DC, and Cm SbrantI recommended future appomtments be rotated among members of the City Council On motIon ofVm Hildenbrand, seconded by Cm Scholz and by unammous vote, the Council confirmed Mayor Lockhart's appomtment as the delegate for the NatIOnal League of CItIes March 2008 Federal LegislatIve Update m Washmgton, directed Staff to notIfy the organIzatIOn of thiS appoIntment, and dIrected Staff to return for Council conSIderatIOn the appomtment of a votmg delegate for the NLC 2008 Fall Annual Conference In August/September 2008 <> SelednoUll oft'Vnce Mayor 7 3Jl III m 341 (6JlO-20) Mayor Lockhart thanked Vm Hildenbrand for her servIce to the commumty dUrIng her term as Vice Mayor and spoke on the CIty COunCIl'S pohcy to select m December of each year, a member of the CIty CounCil to serve as VIce Mayor for a penod of one year She nommated em SbrantI to hold the Vice Mayor posItion for the next year and clanfied that III the absence of the Mayor, the VIce Mayor would become Mayor Pro Tempore and would assume the responSIbilIties of the Mayor D lLffiLlIN ClIl'Y CO lUN ClIL MrlINlUl'lES VOLUME 26 RlEGlULAR MIEJE l'lIN G December Jl89 2007 lPAGJE 517 DRAFT On motion of Cm Oravetz, seconded by Vm HIldenbrand and by unammous vote, the CouncIl confirmed Mayor Lockhart's nommatIOn of Cm Sbrantl to serve as VIce Mayor for a perIod on one year <). Plllllblnc Connnnnnerrnts 7 35 P m 3 5 - None <> - --- - CONSENl' CAlLENDAR 7 35 pm Items 4 1 through 4 12 On motIOn of Cm Oravetz, seconded by Cm Scholz, and by unammous vote, the CouncIl took the followmg actIOns Approved (4 1) Mmutes of Regular Meetmg of November 6, 2007, Mmutes of SpeCIal Meetmg of November 7, 2007, and Mmutes of November 20,2007 Regular Meetmg, Adopted (42 600-35) RESOL1Ul'ION NO. 2Jl 7-07 A W ARDlING CONl'IRACl' NO 07-10, VlILLAG E lP ARlKW A Y SOlUNJI))W ALlL lP AlINl' lING 1'0 ARMSl'RONG lPAlINl'lING, lINe Adopted (4 3 600-30) RlESOlL1Ul'lION NO 2Jl8-07 AlPPROVlING l'lHIE SlElLlECl'lION OF MUNIlFlINANClIAlL, lINC 1'0 lUJPDA l'E EASl'ERN DVl!JlLlIN FISCAl. ANAlL YSlIS Approved (44 360-60) CIty Staffservmg as Officers and Staff on an mtenm baSIS for Schaefer Ranch and Fallon VIllage GeologIc Hazard Abatement DIstncts (DGAH), DlUBLlIN ClIl'Y COUJNClIl. MllNlUl'JES VOJLlUMlE 26 REGlUILAR MlElEl'lING Jl))ecemlbeJr :n 8, 2007 lPAGE 5Jl8 DRAFT Adopted (45 600-30) RESOlLlUl'lION NO 2Jl9-07 APlPROVlING AN AGREJEMlENl' WlIl'1H[ Me ARCJHllIl'ECl'S ]FOR ClIVlIC CENl'ER RlEMODEL DESlIGN SJElRVlICES and approved the Budget Change, Adopted (46 430-20) RlESOlLUl'lION NO 220-07 AlPJPlROVlING REVlISlIONS 1'0 l'JHlJE ]FORM RESAlLE lRlESl'RlICl'lION AGREJEMENl' AND OPl'lION 1'0 PlUR CJHlASlE and authorIzed the CIty Manager to make non-matenal changes to the Resale RestrIchon Agreement, Adopted (47 600-30) lRJESOLUl'lION NO 22Jl-07 APlPlROVlING SJECOND AMlENDMlENl' 1'0 LAND lLEASE REl'WEJEN ClIl'Y OF DlURLlIN AND ill" S RANOC NAl'lIONAlL ASSOClIAl'lION and authorIzed the Mayor to execute the agreement, Adopted (4 8 620-20/600-60) ORJI))lINANCE NO 26-07 AMENIDllING l'JHlE ZONlING MAP 1'0 REZONE A 67 8 ACRE AREA KNOWN AS FALLON CROSSlING 1'0 lPD-PLANNED DJEVELOPMlEN'TI' AND APlPROVlING A RlElLAl'JE~S'TI'AGE2DJEVlElLOPMlENl'PlLAN P A 04-0Jl6, APN 985-0002-001l IDlI.ffiLlIN Clll'Y COIUNCKL MllNIUl'lES VOlLUME 26 REGUILAR MEEl'llNG DeceIlllllber Jl8, 2007 PAGE 5Jl9 DRAFT Adopted (49 600-60) RlESOlLlUl'lION NO 222-07 AlPPROVlING A PREDEVJELOPMJENl' LOAN 1'0 EDEN lHIOlUSlING, lINC and authonzed the CIty Manager to SIgn the Predevelopment Loan Agreement and the AssIgnment Agreement on behalf of the CIty of Dubhn, Accepted (4 10 540-80) Staff Report - ZOLL E Senes Heart Momtor Lease-Purchase, Authonzed (4 11 600-35) sohcltatIOn of bIds for Contract 07-13, I-580/Fallon Road Interchange Improvement proJect, Approved (4 12 600-30) the Warrant RegIster dated December 18,2007 m the amount of $7,433,771 42 <> WRlIl'l'EN COMMlUNlICA 1'1I0NS - None <> PlI.ffiLlIC lHIEARlINGS - None <> lUNlFlINlISlHIED lBlUSlINESS SlIuannon Commu.nmnr Center -lPu.nblnc Art 7 35 P m 7 1 (900-60) Hentage and Cultural Art SupervIsor John Hartnett presented the Staff Report and requested the CIty CouncIl consIder the Art SelectIOn CommIttee recommendatIOns, as follows DlI.ffilLlIN ClIl'Y C01I.JNClIlL MlINUl'ES VOlLlUMJE 26 REGlULAR MJEEl'lING December Jl8, 2007 PAGE 520 DRAFT o Mosaic tIle artwork at the outdoor fountam and bndge by MargarIta Soyfertls o Monumental bas rehef on the lobby wall by Cohn Lambert and Peter Adams o Two murals on the mdoor tower wall and outdoor preschool courtyard wall by TrICla George (formerly SherIdan) In conclusIOn, he presented background InfOrmatIOn on each of the artIsts and advIsed that the agreements wIll be brought before the CIty CouncIl at a subsequent meetmg for adoptIOn City CouncIl questions and comments mcluded o Cm Oravetz requested mformatlon on the potential harm to the mOSaiC deSign featurmg two swans mstalled at the bottom of the fountam If chIldren played m the fountam o Cm Scholz asked If the fountam would be a safety Issue o em Hildenbrand followed up With recommendatIOn to post "no wadIng" sIgnage, requested mformatIOn on the wood art furnIture proposed for the Lobby Area and asked how long the murals exposed to the elements are expected to last Without touchup o Vm SbrantI requested mformatIOn on the Art SelectIon CommIttee cntena to determme the finahst Hentage & Cultural Arts Supervisor Hartnett clarIfied the selectlOn cntena and process, responded on the durabIhty of the mOSaiCS to be used In the fountam, statmg they wIll be cast mto cement or stone surfaces and remam flat for safety He also stated Staff beheves there Will be enough money In the project budget to accomphsh the wood art furnIture for the Lobby Area at a later date and that the murals are expected to last 20 plus years On motion of Vm Sbrantl, seconded by Cm Hlldenbrand and by unanimous vote, the City Councll approved the PublIc Art for Shannon Community Center, as recommended by the Art Selection Committee, and dIrected Staff to finahze agreement(s) WIth the artIsts and brmg them back at a subsequent meeting for adoptlOn <> --- DlI.ffilLlIN CKl'Y COUNClIlL MlINlU'fES VOLlUME 26 RlEGlUJLAR MJEJEl'lfNG December Jl8, 2007 JP AGE 52Jl DRAFT NEW BlUSlINIESS CmnsndlerstnoIIll of AmeUlldlmeIIll1l:s 11:0 tllne Cnb olf Dunbnm Smolkm2 lP'olluntnoUll COUll1l:ron OrdlmsIIllce 7 50 pm 8 1 (560-90) AdmmIstratIve Analyst Roger Bradley presented the Staff Report and advIsed that at the CIty CouncIl meetmg of September 18, 2007, Cm HIldenbrand requested that the CIty CouncIl consIder amendments to the CIty'S Smokmg PollutIOn Control chapter of the DublIn MUnICIpal Code He stated there are seven areas of mterest for conSIderatIOn as parts of these changes, whIch mclude an mcrease m the reasonable dIstance clause, the hcensmg of tobacco sales, creatIOn of smoke-free multl- fanuly UnIts, creatIOn of smoke- free City sponsored events, prohibItion of smokmg m common outdoor areas, prohIbItIon of smokmg m hcensed care centers, and the prohIbItion of smokmg m parks, cItmg current CIty Code, State Law and prOVISIOns of the VIce Mayor's proposal for each recommendatIon Cm HIldenbrand requested the proposed changes be dIscussed mdIvIdually Mayor Lockhart concurred and stated that CouncIl WIll hear from the public on the parts they would lIke to comment on first ExecutIve DIrector TImothy May, Rental Housmg Owners Assn, spoke on expectatIOn of pnvacy In your own home and concerns regardmg the smoke free multi-famIly UnIt proposal He requested diSCUSSIOn and clanficatIOn of the roles of property owners, reSIdents, and the CIty regardmg enforcement He also spoke m OppOSItIOn to the proposed fourteen month phase In prOVISIOn and recommended that renters that smoke be allowed to stay In theIr homes by grandfathermg them m untIl they move Carl Aaron, DublIn reSIdent congratulated CouncIl and Staff for law enforcement response for publIc mformatIOn and spoke m oppOSItIon to hmItmg smokmg mSlde pnvate reSIdences and unreasonable smokmg m outSIde pubhc areas He also requested clarIficatIon of the Wntten CommUnICatIOn category on the agenda DlI.ffiLlIN Cnl'Y COlUNClIL MlINlUl'IES VOJLUME 26 REG lUILAR MElEl'lING Decennnber Jl8, 2007 JP>AGE 522 DRAFT CIty Manager RIchard Ambrose responded It IS wrItten commUnICatIOn askmg to have an Item placed on an agenda Mary Jo Stanley, Dublm resIdent, spoke m OpposItIOn to smokmg m multI-famIly umts and m support of the proposed smoke free provIsIon, statmg she recently moved to a Semor CItizen Complex, has health Issues, and IS adversely affected by the smokers lIvmg m the UnIt on the second floor below her UnIt She asked for the CIty'S aSSistance, statmg the Apartment Manager's response IS that they have the nght to smoke m theIr reSIdence and there IS nothmg she can do about It Mayor Lockhart responded there are steps you can follow and requested Staff provide her With a copy of the CIty of Dubhn Smokmg PollutIOn Control Ordmance Serena Chen, Amencan Lung ASSOCiatIOn of CahfornIa, spoke on concerns of second hand smoke and In opposItIon to smokmg m multI-famIly umts Ralph Morales, Amencan Lung ASSOCiatIOn of CalIfornIa, spoke about second hand smoke concerns and m support of what IS best for the communIty Bruce Fiedler, pubhc speaker, spoke In support of the proposals brought forward by Cm HIldenbrand and recommended that 1000/0 ofumts m new and eXlstmg multI-famIly rental reSIdences be deSIgnated as smoke-free City CouncIl DISCUSSIOn lReasollD.sbne DnstsUllce lIUllcresse em HIldenbrand proposed Increasmg the CIty'S reasonable distance footage to meet the State's standard of20 feet em Oravetz asked If the City had received any complamts and recommended sIgnage Admlmstratlve Analyst Bradley responded no complamts had been receIved dUrIng the past year and clarIfied the State standard IS 20 feet and reqUIres sIgnage ID1IJJBILlIN ClIl'Y COlUNCilL MRNlUl'ES VOLUME 26 RlEG lULAR MEJEl'lING December Jl8, 2007 PAGIE 523 DRAFT Councllmembers spoke m support of reasonable dIstance defined as 20 feet CIty Manager Ambrose requested clanficatlOn CounCIl responded the 20 feet standard apphes to all bmldmgs, pubhc and pnvate, and by consensus approved amendmg the reasonable dIstance, defined as 15 feet m the current Ordmance, to 20 feet l'obacco Retanler LncellTlsllHD.f! Cm Hlldenbrand spoke on current pohce enforcement funded by grant fundmg through the Shenffs Office scheduled to contmue through 2009 She recommended the Tobacco Retaller LIcensmg prOVISlOn be revISIted when the grant expIres em Oravetz commented on teenage smokmg trends and the mcrease of smokmg by teenage gIrlS Vm SbrantI spoke m support of the success of pohce operatlOns to perform two comphance checks each year at CIty tobacco retallers, ensunng that they are not selhng tobacco products to mmors Councll consensus to dIrect staff to report back m 2009 Smoke Free Mllllltn-falJll1Inlv lUmtts em Hlldenbrand spoke on the proposal to reqmre that 50% of unIts m new and eXIstmg multI-famlly rental resIdences be deSIgnated as smoke-free, and recommended contmued dIalogue regardmg umts that are already extant to be phased III as smoke-free over a defined perIod, or untIl the legal occupant vacates the umt, whIchever IS first She also spoke on the proposal to reqmre that apartment complexes dIsclose to prospectIve tenants the number and locatIOn of any smoke-free umts wlthm a complex, locatIOn of any smokmg areas, and any procedures for addressmg smokmg-related complamts Mayor Lockhart recommended a committee of stakeholders, mcludmg an ad hoc commIttee of Council, be formed to meet and reach a common goal of all reSidents m the commumty DOOILlIN Clll'Y COlUNClIL MlINUl'ES VOLUME 26 REGlULAR MEE 1'1IN G IDecemlber Jl8~ 2007 lP' AGJE 524 DRAFT Cm Oravetz spoke m opposItion to the proposed 50% and fourteen month phase m perIod, but m support of movmg the proposal to a stakeholders and CouncIl ad hoc committee Vm SbrantI spoke on the Importance of logistics and enforcement of an ordmance and III support of referrmg the proposal to a stakeholders and ad hoc committee of Councllmembers Cm Scholz spoke In support of movmg the Issue to a stakeholder and Council ad hoc comnuttee CouncIl consensus to form a committee of stakeholders, mcludmg an ad hoc commIttee of Councllmembers, to meet and determme the language and logistics of the prOVISIOn and draft an ordmance Smoke FIree <Cnty SlJ}oUllsoIredl EveUllts em Hildenbrand presented the proposal to prohIbit any City events from havmg a sponsor that IS affiliated WIth tobacco compames and tobacco related entItIes and to prohibit smokmg at CIty event locations, WIth the exceptIOn of deSignated smokmg areas CouncIlmembers spoke In support of the proposal CouncIl consensus to approve the proposal Connnmmn Ountdloor Areas Admlmstratlve Analyst Bradley clarIfied thIS provIsion also applies to multi-famIly dwellmgs CouncIl consensus to refer thiS prOVISion to the stakeholders committee With the Smrnolke Free Munltnwft'amuly lUmts prOVISIOn ' DlUBILllN ClIl'Y COlUN<ClIL MlINlUl'ES VOlLlUME 26 REGlULAR M1EEl'lING Decem !beIr Jl8, 2007 PAGE 525 DRAFT lLucerrnserll CaIre Cerrnters Cm HIldenbrand presented the proposal to prohIbIt smokmg 24 hours a day and 7 days a week wlthm busmesses that provIde care servIces such as chIldcare, adult-care and healthcare actIvItIes Cm Oravetz questIOned enforcement CIty Manager Ambrose responded Staff and CIty Attorney WIll research enforcement alternatIves and report back CouncIlmembers dIscussed enforcement, examples of other commumtIes, and commItment to operate busmesses CouncIl consensus to dIrect Staff to report back Smoke FIree Parks Cm HIldenbrand spoke m support of prohlbltmg smokmg wlthm the CIty Parks Cm Oravetz spoke m oppOSItIon Vm SbrantI spoke m support of a prOVISIOn modeled after the CIty of LIvermore that prohIbIts smokmg wlthm 100' ofbUlldmgs, traIls and recreatIOn areas Cm Scholz, Cm Oravetz and Mayor Lockhart spoke m support of the prOhIbItIon of smokmg wlthm 100' ofbmldmgs, traIls and recreatIon areas Cm HIldenbrand mdlcated she prefers a complete ban but WIll agree WIth the 100' prOVIsIOn, and recommended sIgnage CIty Manager Ambrose recommended Staff reVIew the LIvermore ordmance for defimtIOns as It WIll apply to our parks, and report back WIth analysIs to clanfy defimtIOns, speCIfically recreatIOn areas and traIls, to mclude sIgnage and assocIated costs DOOlLlIN ClIl'Y COlUNClDL MlINUl'ES VOLUMlE 26 REGULAR MlElEl'lING Decem beIr 118, 2007 JP> AGE 526 DRAFT AdmInIstratIve Analyst Bradley recapped CouncIl direction, as follows o Reasonable Distance Increase - Approved 20 feet standard o Tobacco Retailer LicensIng - Staff to report back m 2009 o Smoke Free MultI-family Umts - Referred to Stakeholder Committee o Smoke Free City Sponsored Events - Approved proposal to prohibit any CIty events from havIng a sponsor that IS affilIated wIth tobacco companies and tobacco related entitIes and prohlbltmg smokmg at City event locations, With the exceptIon of wlthm deSIgnated areas o Common Outdoor Areas - Referred to Stakeholder Committee o Licensed Care Centers - Referred to Focus Group o Smoke Free Parks - Reached consensus to approve prohibition of smokmg wlthm 100 feet of bmldmgs, traIls and recreatIOns areas with direction to Staff and the CIty Attorney to review the City of LIvermore OrdInance for defimtlOns as It Will apply to our parks, and report back WIth analYSIS to clarIfy defimtlOns, speCifically recreation areas and traIls, to Include slgnage and assOCiated costs CIty Manager Ambrose Indicated Staff Will also report back WIth the process for formmg the Stakeholder Committee and Focus Group Cm HIldenbrand requested the process be modeled after the prevIOus formatIOn of Stakeholder Commlttee( s) Cm Oravetz requested the Stakeholder Committee and Focus Group mclude smokers as well as non-smokers - --- <> - Recess - 9 00 RecoUllveUlle - 9 08 DOO1LlIN ClIl'\' COlUNClIlL MlINlIJl'lES V01LlUMJE 26 REGlU1LAR MIE1El'lING DecembeIr 18, 2007 PAGE 527 DRAFT 2008 8t PatIrllclk's IDav Poster ArtwoIrIk 9 08 82 (900-50) Recreation Coordmator LorrI Polon presented the Staff Report and poster optIOns and recommended approval of the preferred OptIOn E that has been prepared by Staff based on the Parks and Commumty ServIces ComnllssIOn mput Vm SbrantI spoke m support of the preferred OptIOn E, WIth suggestIOn to add "parade hosted by the LIOns Club" and "pancake breakfast hosted by Alameda FIre Department" Councllmembers and Mayor Lockhart spoke m support of preferred OptIOn E and m agreement WIth Vm SbrantI's suggestIon On motIon of Cm HIldenbrand, seconded by Cm Oravetz and by unammous vote, the CIty CounCIl selected preferred artwork optIOn E, WIth the addItIon of "parade hosted by the LIOns Club" and '~pancake breakfast hosted by Alameda FIre Department" <> St lP'a1:Il"llclk's Dav 2008 - Paradle ROII.nte 9 15 pm 83 (950-40) RecreatIOn Coordmator LorrI Polon presented the Staff Report and outlIned detaIls of two potentIal parade routes for the 2008 St PatrIck's Day FestIval She clanfied the detaIls of OptIOn A, (former route) and OptIon B, (current route) mcludmg pros and cons, and recommended OptIOn A, as preferred by the Parks and Commumty Services, LIOn's Club, PolIce, FIre, and the CIty'S Traffic CommIttee In conclusIOn, she requested CouncIl to determme If shuttles from parade to festIval should be offered If the preferred OptIOn A IS selected Counctlmembers and Mayor Lockhart dIscussed optIOns, mcludmg but not lImited to pros and cons of the parade route, traffic concerns, reqUired street closures, locatIon of DOOILlIN ClIl'Y COlUNClIIL MlINUl'ES VOlLUMlE 26 RJEGlULAR M1EEl'lING DecennR !bell" Jl8, 2007 PAGE 528 DRAFT entrance to FestIval, locatIOn and access to pancake breakfast, and festIval attendance on Saturday On motion of Cm Schulz, seconded by Cm Oravetz and by unammous vote, the City CouncIl selected the preferred parade route OptIOn A and determmed not to prOVIde shuttles <> Req[unest to lIUllntnate a Gerrnell"al Plarrn Amerrndmenn1l: amd lEasterllJi DunblnllJi Specufu.c lP13111Ji AmmerrnrllmeUllt Stundly 11:0 Mm.hft'y 1I:llue JExnstnrrng lLanndl1Use lD>esngmdumn 3111: 64J.07 l'assa.nara Roadl~ <Connnmmorrnllv ReferIred to as tllne Nnelserrn lPlI"oJl)ertv (AlPN 985-0002-009-(2) 9 30 p m 84 (420-30/410-55) em HIldenbrand recused herself due to her Homeowner ASSOCIation's mterest In the property adjacent to the NIelsen Property and left the daIS She clarIfied the CIty Attorney's opmIOn that due to the fact that thIs IS a personal mterest that she can lIsten to the dIscussIOn on thIS Item WIth other members of the pubhc and can speak as a member of the general publIc Semor Planner ErIca Fraser presented the Staff Report and adVIsed that the CIty CounCIl would conSIder the ImtIatIOn of a General Plan Amendment and SpeCIfic Plan Amendment for 6407 Tassajara Road to amend the land use deSIgnatIOn of the SIte to mcrease the denSIty of the SIte from Rural ReSIdentIal/AgrIculture to Smgle FamIly ReSIdentIal whIch permIts 09-6 0 dwelhng umts per acre She stated the applIcant IS requestmg the CIty allow a study of up to 43 detached unItS to allow some fleXIbIlIty She commented on prevIOUS CounCIl dIscussIOns for NeIghborhood CommerCIal uses on the SIte and that the ApplIcant has determmed that desIgnatmg a portIOn of the site for NeIghborhood CommerCIal uses would not be feaSIble, and If CouncIl determmed NeIghborhood CommerCIal IS approprIate for the SIte, Staff Will study the feasIbIhty of mc1udmg the use She concluded her presentatIOn With CouncIl optIOns Vm SbrantI asked how many umts north of thiS project SIte are prOjected for buIld out Cm Oravetz asked about County bUlldmg prOjectIOns adjacent to the project site DlUBLITN <ClIl'Y <COlUN<ClIL MlINlUl'lES V01LUME 26 RlEGlU1LAR MEJE l'lING December .liB, 2007 JP> AG]E 529 DRAFT Staff responded over 1,000 umts are projected north of the project sIte and the County adjacent to the project sIte IS currently Rural AgrIculture desIgnatIon wIth no projected projects Apphcant Robert NIelsen, spoke on the request to authOrIze the InItIatIOn of a General Plan and SpeCIfic Plan Amendment study to conSider a modIficatIOn to the eXIstmg land use deSIgnatIOn of hIS property to allow a reSIdentIal development to be constructed on the SIte Mark McClellan, MacKay & Somps, spoke on an analYSIS of mformatIOn regardmg neighborhood commerCIal on the SIte and the determmatIOn that commerCIal use at thIS SIte IS not VIable He requested reSIdentIal development and referred to CollIers IntematIOnalletter findmg that the SIte does not warrant consideratIOn as a retaIl site Gary Schearer, ArchItect, spoke m support of the proposed reSIdentIal development KaSIe HIldenbrand, as a reSIdent on behalf of Silvera Ranch reSIdents, spoke In OppOSItIOn to neIghborhood commerCIal and m support ofmamtammg the project as housmg Kane Wong, SIlvera Ranch reSIdent, spoke 10 oppOSItIon to neIghborhood commercial on the SIte and In support of reSIdential Mayor Lockhart and CouncIlmembers spoke m support of reSIdentIal development, cltmg custom detached homes on the SIte, and spoke III oppOSitIOn to neighborhood commerCIal On motIon of Vm SbrantI, seconded by em Scholz and by unanimous (vote WIth Cm Hildenbrand absent) the City CouncIl adopted lRESOlL1Ul'lION NO 223~07 APlPROVlING TlillJE GENJERAL PILAN AN]!]) EASTERN ]!])1[JBlLlIN SPEClIFlIC lPLAN AMENIDlMENl' Sl'lUDY RlEQ1IJJESl' ID1UIffiILlIN CITY C01UN<ClIL MKNlU1I'ES VOLlUME 26 RJEGULAR MElEl'[NG DecembeIr Jl89 2007 rAGE 530 K." of QV~ 1I~~:&~~\'~ 19~~m ~~&1 Qjz,fO~@; DRAFT PreserrntaltnoUll 011' PIroposed Streetscape Desugrrn arrnd Alterrrnatnve 11'or tllue lEast arrnd West DUJllblm JBARl' Statnorrn COIrrndoIr lErrnlluarrncemerrnt PIroyeds 10 05 p m 8 5 (600-30) Pubhc Works DIrector Mehssa Morton presented the Staff Report and requested the CIty CouncIl consIder the streetscape desIgn for the East and West Dubhn BART StatIOn Corndor Enhancement ProJects, as well as select the preferred IdentIty Marker and Gateway Feature AlternatIves to be mcorporated m the final deSIgn AdItya Advam, representmg Royston, Hanamoto, Alley and Abbey (RHAA), mtroduced the deSIgn team and presented the conceptual deSIgn, mcludmg the project scope, urban IdentIty sIgnage, IdentIty marker concepts and color alternatIves, locatIOns SIte analYSIS, and Gateway Feature optIOns He responded to CouncIl queStIons on deSIgn and constructIOn of the Gateway Feature optIOns to dIscourage bIrds and skateboarders CouncIlmembers and Mayor Lockhart dIscussed Gateway Feature optIons, mcludmg the decoratIve raIlmg to be the same color as markers, and spoke m support of the Gateway Feature, The Eternal Rzbbon, cltmg the sImphclty and landscapmg, and m opposItIon to a wall of trees WIth some trees acceptable, requested sensItIvIty to eXIstmg busmesses CIty Manager Ambrose spoke on the locatIOn for the proposed Gateway Feature, statmg It IS a large unusable area, the bUSIest mtersectIOn m the Tn-Valley at buIld out, and ways to IdentIfy the commumty He stated CouncIl could consIder alternatIve optIOns If one of the proposed optIOns IS not acceptable Mr Advam spoke m support of a Gateway Feature that makes a statement, an archItectural pIece at the entrance to the CIty, cltmg IdentIty and the length of Dubhn Blvd On motIon of Cm Oravetz, seconded by Cm HIldenbrand, and by unammous vote, the CIty CouncIl selected preferred IdentIty Marker, OptIOn C, and selected Gateway Feature, Eternal Rzbbon, and approved the proposed streetscape deSIgn and dIrected Staff to proceed WIth final deSIgn DOOLlIN ClIl'Y COlUNClIlL MlINlUl'ES VOl.UME 26 REGULAR MlEEl'lING DecembeIr Jl8, 2007 PAGE 53Jl DRAFT -- <> O>l'lHIlER BlUSINIESS Brnd INFORMATION ONLY reports from C01llncIl and/or Staff, mcBundmg CommIttee Reports BIIUIl Reports by COUllllcd related to meetmgs attended at Caty expense (AS 12341) 11 00 p m CIty Manager Ambrose requested resIdents VIew the CIty'S web sIte to reVIew the Hohday Street Sweepmg/Garbage Schedule Cm Scholz thanked Staff for theIr response to the CIViC Center fire, stated she had breakfast wIth Santa at Semor Center, and wished everyone Happy Holidays Cm Oravetz commended Staff for response to CiVIC Center fire and wIshed everyone Happy Holidays Vm Sbranti spoke on attendmg the Chamber of Commerce mIxer and InstallatIOn of officers and the Dublin HIgh School Alumm SOCIal He spoke on a proposed proJect, m conjUnctIOn wIth Easter Seals, to refurbIsh the Tn-Valley Hall of Fame ExhIbIt to travel among Tfl- Valley CIties Cm HIldenbrand spoke on attendmg the Tn-Valley Adolescent Health ImtIatIve Meetmg hosted m LIvermore, reconvened all the stakeholders and heard presentatIOns from the youth that are partlcipatmg In the program She offered her contmued support as recommendatIOns go forward, notmg a conSIstent message from the youth that they would hke to have a teen center that has access to a health clImc Cm HIldenbrand also spoke on attendmg the City Christmas Party and article promotmg commercIal opportumtles III Dubhn Mayor Lockhart asked If CouncIl Will be prOVided an update ASSIstant City Manager Jom PattIllo responded on the formatIOn of a Task Force to work on common Issues and report back to CouncIl, WIth the goal of a project m 2008 DlUBLlIN ClIl'Y COlUNClIL MIlINUl'lES VOlLlUMlE. 26 R]EG UILAR MEEl'lING December Jl8, 2007 lPAGE 532 DRAFT Mayor Lockhart commented on TassaJara Road and the Palo-Alto MedICal FoundatIOn BUIldmg as a beautIful gateway to DublIn She updated CounCIl on bIlls to be consIdered by the House of RepresentatIves, cItmg bIlls of mterest to the Dublm area She concluded her comments by requestmg a future agenda item WIth a proposal to organize, coach and pay a sponsorship fee for a team to attend the InternatIOnal Children's Games m San FrancIsco to be held m San FrancIsco, July 10-15, 2008 CIty Manager Ambrose advIsed the Item Will be placed on an agenda to provide the opportumty for CouncIl discuSSIOn and actiOn ---- <> AD,] OlIJRNME Nl' 10 1 There bemg no further busmess to come before the CouncIl, the meetmg was adjourned at 11 20 P m m memory of our fallen troops Mmutes prepared by Carolyn Parkmson, InterIm CIty Clerk Mayor ATTEST Intenm CIty Clerk DUIalLlIN ClIl'Y COlUNClIlL MlINUl'ES VOlLUMIE 26 REGlUlLAR MlEE1rITNG December Jl8~ 2007 JP> AGE 533