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HomeMy WebLinkAbout4.01 Draft CC 09-17-2002 MinREGULAR MEETING- September 17, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION- Government Code Section 54956.9 subdivision(a) Name of Case: City of Dublin v. Dublin Land Co., Alameda Superior Court No. V.018100-2 A regular meeting of the Dublin City Council was held on Tuesday, September 17, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. 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 announced that there was no reportable action. Mayor Lockhart advised anyone present for Item 8.2 that that item has been pulled from this evening's agenda: (INITIATION OF AN EASTERN DUBLIN SPECIFIC PLAN (EDSP) AND GENERAL PLAN AMENDMENT (GPA) STUDY FOR A PORTION OF PROPERTY OWNED BY THE DUBLIN LAND COMPANY) CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 429 PRESENTATION ON STATUS OF ~ITAL IMPROVEMENT PROGRAM PRO ECTS 7:12 p.m. 3.1 (330-40) Public Works Director Lee Thompson gave a report on the status of four projects currently under construction, including: I~ 580/Tassajara Road Interchange Improvements; Dublin Boulevard Widening between Village Parkway and Sierra Court (including the undergrounding of utilities); Alamo Canal Trail project from Iron Horse Trail to I-580; and Dougherty Road/Willow Creek Road Traffic Signal Installation. In addition, Staff has begun engineering work on several freeway interchange and local street improvement projects, as well as several projects under General Improvements, Community Improvements, and Streets. Cm. Zika talked about the offshoot of the Iron Horse Trail and asked if this area will be well lit to avoid crime. Mr. Thompson stated there hasn't been any design work done on this but the freeway is quite high, so there is quite a bit of room underneath. Mayor Lockhart thanked Staff. This is a new program whereby Staff will give an overview in order to update everybody. CONSENT CALENDAR 7:24 p.m. Items 4.1 through 4.4 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 September 3, 2002; Adopted RESOLUTION NO. 170- 02 ACCEPTING IMPROVEMENTS FOR DUBLIN BOULEVARD, AND APPROVING REGULATORY TRAFI=It; u~- INSTALLED AS ROADWAY iMPROVEMENTS (SAFEWAY, INC.) CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 430 Received (4.3 100-80) a Status Report as of August 31, 2002, on the Fiscal Year 2002- 03 Goals 8: Objectives and CIP Schedule; Approved (4.4 300-40) the Warrant Register in the amount of $$701,069.07. REQUEST FOR PREVIEW PARTY IN THE NEW DUBLIN LIBRARY 7:26 p.m. 5.1 (940-50/110~30) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the Alameda County Library Foundation would like to hold a Preview Party in the new Dublin Library several days before the Grand Opening Celebration. The date for the Preview Party has not been determined, but it is anticipated to be in January 2003, upon completion of the new Library. The Preview Party would be an opportunity to honor the City Council for their leadership and financial support for the new Library building. Additionally, the Party would be an opportunity to raise funds for programs and services at the Library. The event will feature a silent auction, soft music, wine and hors d'oeuvres stations throughout the Library, and offer guests a chance to learn about the services the new Library has to offer. The event would be open to the public. The Foundation has invited City representation on the Planning Committee. City Staff would serve as a liaison to the Committee to deal with logistics. Staff requested that the Council determine whether a representative of the City Council should serve on the Committee. Mayor Lock_hart stated Cm. McCormick advised that she would like to serve on the Committee. Paul Moffatt, Solana Drive stated the idea is since the City of Dublin and the Library group has spent a lot of time and work on this, this would be a time for the community to come and see the new library. Cm. McCormick thanked the Library, the Foundation and Paul Moffatt and Ted Woy for their work on this. She stated she felt the people of Dublin will be very impressed. Cm. Zika also thanked Paul as Chairman of the Task Force that put this library project together. CITY COUNCIL MINIYI'ES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 431 On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council supported the request of the Alameda County Library Foundation and appointed Cm. McCormick to serve as a Council representative to the Planning Committee. ART IN THE PARKS PROJECT FOR DUBLIN RANCH AREA G NEIGHBORHOOD PARK 7:32 p.m. 5.2 (600-30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. Correspondence has been received from Martin Inderbitzen, President of the Dublin Fine Arts Foundation (DFA), requesting approval from the City Council to proceed w/th a commission for art at Dublin Ranch Area G Neighborhood Park. As proposed, the DFA would like to begin a dialogue with the City's park design consultant during the preliminary stages of the design of the park. In these discussions, the role of art can be determined. A neighborhood selection committee would then be assembled to select an artist to work with the City's design consultant to integrate art during the design phase of the park. As in previous Art in the Park projects, the final design would be presented to the Heritage & Cultural Arts Commission, the Parks & Community Services Commission and to the City Council for final approval. Ms. Yvonne advised that the preliminary budget for the project as proposed by the DFA is $20,000. For past Art in the Park projects, the City has funded approximately 25% of each project; thus the cost to the City would be $5,000. DFA proposes submitting a separate funding request as part of the FY 2003~04 Budget. Cm. Sbranti asked about the process for the neighborhood selection committee. Lynne Baer stated what they've done in the past is publicly solicit in the neighborhood to get people and ask for names of people in the area. They will definitely contact the homeowners association and work with the developer so as homes are sold, they will get information. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 432 On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the request from DF^ to pursue art project as part of the "Art in the Parks" for Dublin Ranch Area G Neighborhood Park. PUBLIC HEARING ~ ORDINANCE AMENDING CHAFFERS 5.08, 7.32, 7.36, 7.40 AND 7.44 OF THE DUBLIN MUNICIPAL CODE (DMC) WHICH ADOPTS BY REFERENCE AND AMENDS THE 2000 EDITION OF THE UNIFORM FIRE CODE (UFC), THE 1997 EDITION OF THE UNIFORM BUILDING CODE (UBC), THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE (NEC), THE 2000 EDITIONS OF THE UNIFORM PLUMBING CODE (UPC) AND THE UNIFORM MECHANICAL CODE (UMC), AND AMEND CHAPTER 7.28 OF THE DUBLIN MUNICIPAL CODE (BUILDING REGULATION ADMINISTRATION~ 7:36 p.m. 6.1 (440~10) Mayor Lockhart opened the public hearing. Building Official Gregory Shreeve presented the Staff Report and advised that Uniform Codes are adopted and published by the California State Building Standards and by the California Department of Housing and Community Development on a 3-year cycle. The provisions of the Ordinance must take effect on November 1, 2002 pursuant to State Law. The Ordinance was introduced at the September 3, 2002 City Council meeting. These new Codes will benefit the City by: 1) ensuring consistency with neighboring jurisdictions and the Bay Area; 2) providing internally consistent, coherent and easier to use Codes for City Staff; 3) making it easier for the public to review and to understand the Uniform Code requirements; and 4) ensuring the City's compliance with the State's building standards laws. Mr. Shreeve explained and summarized the proposed modifications to the DMC. There are 2 proposed changes to the Building Regulation Administration Chapter 7.28. There are 5 modifications to the Building, Electrical, Plumbing and Mechanical Chapters 7.32, 7.$6, 7.40 and 7.44 respectively. There are 12 proposed structural additions to the Building Code Chapter 7.52. There are 7 proposed modifications to the Fire Code Chapter 5.08. There is one proposed addition to the Fire Code. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. crrY COUNCIL MINUTES VOLUME` 21 REGULAR MEETING September 1 7, 2002 PAGE 433 On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 13- 02 AMENDING CHAPTERS 5.08, 7.32, 7.40 AND 7.44 OF THE DUBLIN MUNICIPAL CODE WHICH ADOPTS BY REFERENCE AND AMENDS THE 2000 EDITION OF THE UNIFORM FIRE CODE, THE 1997 EDITION OF THE UNIFORM BUILDING CODE, THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE, THE 2000 EDITIONS OF THE UNIFORM PLUMBING CODE AND UNIFORM MECHANICAL CODE, AND AMENDS CHAPTER 7.28 OF THE DUBLIN MUNICIPAL CODE (BUILDING REGULATION ADMINISTRATION) PUBLIC HEARING AMENDMENTS TO SMOKING POLI,UTiON CONTROL ORDINANCE 7:39 p.m. 6.2 (560~90) Mayor Lockhart opened the public hearing. Administrative Analyst Jason Behrmann presented the Staff Report and advised that the purpose of this Ordinance is to bring the existing provisions of Chapter 5.56 of the Dublin Municipal Code regulating smoking into conformity with recent changes in State Law and to add additional permissible restrictions on smoking in enclosed and unenclosed public places and places of employment. The amendments would change the Ordinance, which was introduced at the September 3, 2002 City Council meeting, as follows: 1. Prohibit the retailing of tobacco products or tobacco paraphernalia by means of a self-service display. 2. Prohibit smoking in dining areas that are part of a restaurant, business, non~profit entity, place of employment, or located in any public place. 3. Prohibit smoking within a reasonable distance from any unenclosed area in which smoking is prohibited and the main entrance of any enclosed area in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited. Reasonable distance is defined as a minimum of 10 feet. 4. Prohibit smoking in common areas of multi~family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes. CITY COUNCIL MiNUT£S VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 434 Additionally, the Ordinance has been updated to reflect changes that have occurred in State Law since the Ordinance was last amended in 1994. Cm. McCormick asked ff they were to make any changes would we have to start over again and develop a new ordinance. City Attorney Silver stated if the changes are non~substantive or minor, they would make them and indicate the changes in a motion and re~introduce the ordinance tonight. Serena Chen, Policy Director for the American Lung Association of the East Bay, stated they worked closely with Staff when we passed our first ordinance years ago. When it was amended in 1994 along with the 5 other cities in the Valley, we were actually ahead of the state law. They support a strengthening of the laws. They are concerned about the reasonable distance piece. They would like to see a compromise and the Lung Association would like to see reasonable distance be defined as 15 feet. Ten feet is really not enough for the air currents to blow the smoke away. All the new ordinances being passed are between 20 and 30 feet. It should be at all entryways, ventilation and covered walkways in order to protect the occupants. With the ADA this also protects people who are respiratory disabled. This would protect businesses from future ADA lawsuits if the City adopts this regulation. Regarding signage, they find that when proper signs are posted, there is 99% compliance. Over $2% of Dublin residents do not smoke. Many people come to Dublin to shop. She concluded by giving a tribute to Mayor Appezzato~ Mayor of Alameda, who always listened and he was a very good man. Ted Hoffmann, Proprietor of Earl Anthony's Dublin Bowl, stated he talked to a lot of business people since the last Council meeting when the Council on a 4-1 vote, introduced an ordinance, and comments were they felt this was doable. They could relocate their customers. He was concerned about the City Council now making changes. Safety is important. If you go 15' on Dublin Boulevard, you are in the street. Liability also comes into play and his employees could be subject to getting into accidents. He was also concerned with bad weather coming and customers wearing bowling shoes. They go out and slip and fall and this puts another problem on his hands. Darkness also could be dangerous. Other cities use a reasonable distance in their ordinance. He would have to look at every business in Dublin to determine this. Business owners should be in a position to handle these types of complaints. None of them want to lose customers. If he had a complaint, he would go to his employees or customers to make sure it didn't happen again. With today's economy and all the laws, it is very difficult to stay in business. Karen Seals~ Prince Drive, stated she has lived in Dublin since 1975 and is proud to live here. Dublin has provided a lot of service and has always been a family friendly city. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 435 She always supports health issues. Thanked the City for what has been adopted so far. Several years ago, her daughter had an asthma attack at Dublin Bowl. She requested that the distance be defined as 15 feet. Governor Gray Davis signed a bill today, prohibiting smoking in any playground areas and defined the distance at 2 5 feet. Signage is a really important component. She thanked the Council for what they've done and requested 15 feet reasonable distance. George Fagundes, Chairman of the Board of the Dublin Chamber of Commerce stated he supports the compromise which was established with the 10 feet distance definition at the last meeting. This achieves a compromise of safety, fairness, etc. Lucille Triplett, Director of the Resurrection Lutheran Infant Care Center on Amador Valley Boulevard, thanked the Council for supporting tobacco control laws. She works in the City and was glad the Council has taken steps to protect people. She requested 15 feet from all entrances and to stay away from children's areas. They share a fence where smokers smoke next to their cars. She stated she had a list of parents who signed a letter to the Council. Some children have problems with breathing and must take medication. Mayor Lockhart read a speaker slip statement submitted by Cathy Karlicek, Corrinne Street, San Ramon, "Asthma has been classified by the Federal Government as a disabili& and is covered under the Americans with Disabilities Act. I respectfully urge the Council to accept a no-smola'ng zone at main entrances to ALL buil~'ngs and a 35~foot no~ smo~'ng zone at secondary entrances. I am entitled to a vehicle disability tag but do not have one. I do not abuse the system. I just want to be able to breathe when I visit Dublin businesses. If this does not pass, I will be forced to take my business elsewhere." Mayor Lockhart read a letter received from Paul Cummings, Asthma Start/Public Health Department, Oakland, "Dear Dublin City Council Members: The Alameda County Asthma Start Program applauds your decision to ban smola'ng outside of public doorways and urges you to set a minimum distance of not less than 15 feet. Asthma is a chronic disease that affects the breathing of more and more Americans each year. For the years 1998,2000 more than 1100 children under age 14 were hospitalized for asthma each of those years in Alameda County. Asthma attacks are prompted by exposure to triggers such as dust mites, pet dander, mold, pollen, airpollution, changes in the weather and tobacco smoke. Some of these are beyond the control of local jurisch'ctions to impact, but reducing public exposure of asthmatic adults and children to tobacco smoke is within your jun'stileS'on and will have a profound impact on the health of persons with asthma living in or v~sitin$ the City of Dublin. We strongly encourage you to pass a policy that will have such positive health impacts with no adverse effects perceived forpersons who are still struggling with tobacco addiction. IfI can be of any CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 436 further help, please feel free to contact me at ($10) $57- 7083. Sincerely, (signed) ?aul Cummings Asthma Start Project Director." Mayor Lockhart read an e-mail submitted by Marybeth McCarthy, Kottinger Drive, Pleasanton, "To Mayor Janet Lockhart and Members of the Dublin City council: First of ali, I would like to thank you very much for supporting a strengthening of Dublins tobacco control laws. I am a resident of Tri- Valley and have always been very proud to live in an area where elected officials are concerned about the health of its citizens and are willing to take a stand We are all aware of the known hazards of secondhand smoke and the importance of reducing the likelihood of our youth using tobacco. As a concerned citizen of the Tri- Valley I ask you to please consider mala'ng reasonable distance at least 15 feet and to include all doot~vays and any other points of entry. I have lived in the Tri- Valley for twenty-two years, where my husband and l have raised our three now grown children. During this time we have shopped and visited the many businesses and restaurants in Dublin. As Dublin continues to grow its leadership has an opportunio' to see how deeply committed each of you are about protectin$ the health of ali your residents and near-by neighbors who enjoy using the many businesses in your ciO,. Tobacco use and secondhand smoke is a public health issue so please protect the rights and health of all your citizens, workers and visitors from involuntary exposure to secondhand smoke. Sincerely, Marybeth McCarthy" Mayor Lockhart read an e-mail submitted by Shawn Casey, "To Mayor Janet lockhart Thank you very much for supporting the strengthening of your tobacco control laws. I am proud to represent a ciO' where the elected officials are willing to take a stand for protecting its citizens from the known hazards of secondhand smoke and reducing the likelihood of youth using tobacco. I am writing to ask you to please consider mala'ng reasonable distance at least 15 feet and include all doorways and other points of entry. The American Heart Association is dedicated to the fight against heart disease and stroke. Tobacco smoke is a leading risk factor in cardiovascular diseases. We need your help on this secondhand smolu'ng issue. Thank you for your leadership to protect the health of all of our residents, especially those who need the protection the most. Sincerely, Shawn Casey Executive Director American Hearth Association Western States Affiliate 11200 Golf Links Rd. Oaklan~ CA 94505 ($10) 632-9606; Fax ($10) 635-5848 www. heartsource, org' Mayor Lockhart read an e-mail submitted by jon Krueger, Gatetree Circle, Pleasanton, "A4ayorJanet Zoclchart, I'm writing to urge you to SUPPORT STRONG PROTECTIONS AGAINST SECONDHAND SMOKE IN DUBLIN. Thank you for supporting the strengthening of your tobacco control laws. I am w~ting to ask you to please make a reasonable cb'stance 15 feet from ail doorways and other points of entry. I have been in Dublin shops, stores, even at our veterinarian, and I have seen clouds, of secondhand. CiTY COUNCIL MINUTES VOLUME 7.1 REGULAR MEETING September 17, 2002 PAGE 437 smoke blow inside. It can Be just as if someone had Been smoka'n$ in the buildin$. And secondhand smoke is not just ir~tatin$- it is toxic. Secondhand smoke causes heart disease, lung disease, and cancer. Children are particularly vulnerable - and children were present on the occasions I mention. Secondhand smoke is also a triSeger for asthma attacks, a potentially lethal combination. Please act to protect health and safco~ in Dublin, and keep Dublin a stent place to live, work, shop, and raise a family. My family and I live in Fleasanton, and we shop in and enjoy t~autiful Dublin. We just Bought a dishwasher in Dublin. Our veterinarian is in Dublin (Dr. Larry Oownes). We resularly see movies, enjoy fine dining, and shop at Hacienda Crossinss. We buy pet supplies at PetSmart, birdseed at Wild Birds Unlimited, video equipment at video Only, set our car maintained at Dublin Toyota, and make use of the Dublin Library. In short, we spent a lot of time in Dublin. Why? Because we like Dublin. A clean, safe, pleasant, healthy, family-friendly communi06' what could Be better? Well, Dublin could Be Better- w~th better protection from toxic tobacco smoke. PLEASE SUPPORT THE REASONABLE DISTANCE FRO VISION AND THE SIGNA GE PROVISION OF YOUR PROPOSED SMOKING CONTROL LA W. Thank you," Dr. Marla Blagg, Alameda County Public Health, responded to issues such as at the bowling alley and explained that they could work to reasonably accommodate their needs. They have program services to offer and they support the 15 feet rule. She recommended including language related to covered walkways or overhangs irt the ordinance. Cm. Zika asked if this is the Alameda County policy or the County Public Health policy. Dr. Blagg stated the unincorporated areas have an ordinance of 15 feet. They take complaints from any citizen and they either respond or refer it to enforcement. Cm. Zika asked how they know, because there are no signs. Dr. Blagg stated any person in Alameda County can report any violation. They try to educate city managers and local law enforcement so they are up to speed on it. They have recommended to include their stop line in signage so people will know where to report violations. They have worked with county counsel off and on for the last year and a half to include language on reporting violations. Cm. McCormick stated she was interested in the help they give to businesses. Dr. Blagg stated they will go out to individual businesses and give recommendations. They can do follow up calls. If they give exemptions for a safety reason they give exact CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 438 specifications and forward this to a city manager's office or local law enforcement. They also give signage at no charge to local businesses. Mayor Lockhart closed the public hearing. Cm. Oravetz stated last time he voted against this but supported items 1 2 and 4. He was against the 25 feet. He is one of the 82% that doesn't smoke in Dublin. He is against secondhand smoke, but also keen on our businesses. He stated he would reverse his vote tonight and agree to 10 feet. Society has come a long way in this. He will support 10 feet from a main entrance. Cm. Zika stated he smoked for 42 years and has been smoke free for a year. None of the other cities in the Valley have anything other than reasonable in their ordinances. This is a good step. Let's see how this goes. He encouraged signage, which is very important. Ashtrays at Santa Rita are about 5' from the entrance. He stated he supports the ordinance as introduced. Cm. McCormick stated she felt we do need some work on the Ordinance. We did not cover covered walkways and overhangs and were not definite about signage and didn't deal with building ventilation systems and windows. We need some more language to cover these items. She is interested in businesses using the Alameda County Health offer for assistance. They should take advantage of this offer whether it remains at 10 or 15. She is a non~smoker and was willing to go to 15 feet. Cm. Sbranti expressed his concern with going to 15 feet or 25 feet, and at the same time we have provisions saying we don't want people out in the parking lot or in the street, so we make this non~effective at all. He stated he felt 10 feet is enforceable because even businesses with very little frontage becomes effective. In discussing side entrances, they wanted to divert where there is the least amount of traffic. He supports signage-and we may want to work this into the ordinance. City Attorney Silver stated the proposed Ordinance makes certain amendments to the existing Dublin Municipal Code provisions and the signage requirements are there. If the City Council wants posting outside, this would have to be changed to say in or outside. Mayor Lockhart stated she is embarrassed that we are even talking about 10 feet. Every healthcare professional is making a plea and the state is telling us next January it will be 25 feet for tot lots. If the state is going that direction and everyone is talking about health issues, how can you compare people having to step a few feet away with someone who has an asthma condition? One is taking a risk on their own and the other has no CITY COUNCIL MINUTiSS VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 439 choice. We are here to protect those who have no choice. Smokers have a choice of where they light a cigarette. Every professional in the world is telling us we should have 25 feet to protect 82% of our population. She stated she couldn't believe they are sitting there arguing about 5 steps. Cm. Sbranti stated he is talking about the practical aspects. His goal is to try to get it away from the front of the building. Mayor Lockhart stated we are being asked to take 5 little steps. Professionals from the County will come out and work with businesses. If we make it 15 feet, most people will comply. This won't hurt anybody who is smoking, but it will help those who don't. She suggested we go with what the state is doing and go with 25 feet. Cm. Zika stated he did not feel 25 feet away from play areas is going to make a big difference. Mayor Lockhart made a motion, which was seconded by Cm. McCormick, to amend our Ordinance to 15 feet from the main entrance of the building, and also include 15 feet from covered overhangs and windows and intakes and include 25 feet distance from children's play areas and have mandatory outdoor signage stating the distance. This motion was defeated by a majority vote (Cm. Oravetz, Cm. Sbranti, and Cm. Zika). There was discussion related to whether the Council could adopt the ordinance as introduced at the last City Council meeting, with changes. Ms. Silver clarified that if the Council desired to make changes, they could state the changes and then introduce the Ordinance. She asked if the direction was for Staff to come back to the next meeting with changes. On motion of Cm. Zika, seconded by Cm. Oravetz, and by majority vote, the Council waived the reading and introduced the Ordinance as presented, but to additionally include the provision for 25 feet from children's play areas and to include outdoor signage. Mayor Lockhart and Cm. McCormick voted against the motion. The Ordinance in its final form will be presented at the next City Council meeting for potential adoption. CITY COUNCIL MINUTES VOLUME 21 REG [ILAR MEETING September 1 7, 2002 PAGE 440 PUBLIC HEARING - ARMSTRONG GARDEN CENTER PLANNED DEVELOPMENT REZONING PA 02-009 8:27 p.m. 6.3 (450-30) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. This is the second reading of an Ordinance which would amend the San Ramon Road Specific Plan to allow retail garden centers in conjunction with a Planned Development (I'D) Rezoning for an approximate 6,400 square foot retail garden center with approximately 24,410 square foot outdoor storage and landscaped area on 1.162 acres located at 7360 San Ramon Road (northwesterly corner of San Ramon Road and Amador Valley Boulevard). Ms. Harbin advised that conditions have been revised so front wrought iron fencing will be reduced to 6 feet and Staff will work with the businesses on directional signage. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 14- 02 AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT REZONINGIDEVELOPMENT PLAN FOR ARMSTRONG GARDEN CENTER (PA 02-009) LOCATED AT 7360 SAN RAMON ROAD (APNs 941-0040-003-02 & 941-0040-002-03) PUBLIC HEARING ~ CONSIDERATION OF APPEAL OF THE PLANNING COMMISSION APPROVAL OF A REQUEST TO AMEND THE SITE DEVELOPMENT REVIEW FOR THE DUBLIN RANCH GOLF COURSE CLUBHOUSE AND CART BARN (PA 99-060) 8:29 p.m. 6.4 (410-30) Mayor Lockhart opened the public hearing. Planning Consultant Michael Porto presented the Staff Report. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 441 On July 23, 2002, the Planning Commission was asked for input on the proposed revisions to the Site Development Review approval for the Dublin Ranch Golf Course Clubhouse and Cart Barn within Dublin Ranch Area A, initially approved on July 25, 2000. At that meeting, considerable discussion ensued regarding the various changes proposed by the applicant, and the Planning Commission asked the applicant to return on August 1 $, 2002 with revised plans representing their concerns. The major focus of the Planning Commission's issues involved the reduction in size of the structure and the elimination of square footage from the floor plan. At the Planning Commission meeting of August 13, 2002, the applicant returned with a revised program to increase the amount of restaurant seating and details for the future expansion space; both items of concern to the Commission. On August 13, 2002, the Planning Commission approved a Resolution to amend a portion of the Site Development Review approved with PA 00~0B0 and Final Tract No. 71 $5 specifically for the Golf Course Clubhouse and Cart Barn located within Dublin Ranch Area A. On August 14, 2002, the Mayor appealed the Planning Commission decision. Cm. Sbranti clarified that there is currently no banquet facility. Mr. Porto stated there is a restaurant facility which seats approx 175 people in a banquet situation. A patio was shown which could be expanded for banquet events. This area could be used with tenting. Cm. Zika asked what they are basically being asked to consider. Martin Inderbitzen, representing the applicant, stated he would address specific questions, but felt Mr. Porto had explained this very well. Mayor Lockhart stated she appreciated his response to the appeal. He has added back amenities, which will be very important to the community. Mr. Inderbitzen stated with the dining facility they have, they could accommodate at least 174 persons. They've maintained the parking ratio and in the event the non~golf banquet activity takes off, they could request a modification. This is a daily fee privately owned golf course. It is not a country club and they don't expect to have members. Typically what happens is they would have a pretty good lunch crowd, Monday through Friday, but it is unusual to see a thriving dinner crowd. The Planning Commission raised a number of issues and they've made additional changes since then. What they can't do indoors at the moment is have a 250-person event. They could do it with tents, however. They've made a huge commitment to the City and they don't want to be in a position where they're counting napkins for th.~e food and beverage facility. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 442 Cm. Sbranti asked if the reason for not including the original restaurant/banquet facility is jeopardizing the golf course. Mr. Inderbitzen talked about surveys they did with facilities surrounding the area. They felt it would be better to take shorter steps initially. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Staff recommended that the Council conduct a public hearing; deliberate; adopt appropriate Resolution either D affirming the Planning Commission approval; 3) afb'rming the Planning Commission approval with moclification&' or 3) reversing the Plannins Commission decision to amend the Site Development Review. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council affirmed the Planning Commission approval with modifications. Cm. Sbranti stated he felt we can support a banquet facility in Dublin. There are a lot of bigger events that have to go outside the area. The Monarch is limited in the number they can accommodate. Cm. Zika agreed and pointed out the fact that we thought we had a small convention facility with BART, but that went away. Cm. Oravetz pointed out that the senior class at DHS next year will have to have their event outside of Dublin. City Attorney Silver stated Staff will return at the next City Council meeting with the appropriate resolution. PUBHC HEARING - PINN BROTHERS CONSTRUCTION, INC. SILVERIA/HAIGHT/NIELSEN PROPERTIES PA 02-024 8:46 p.m. 6.5 (600-30/620-20) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. This Planned Development Prezoning (Stage 1 Development Plan), Pre-Annexation Agreement and Resolution for Reorganization Application to the Local Agency Formation Commission (LAFCO) is for 259 multi-family and single-family homes on approximately CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING September 1 7, 2002 PAGE 443 107.7 acres on the Silveria, Haight and Nielsen properties located south and east of the intersection of Tassajara Road and Fallon Road in the Eastern Dublin Specific Plan area. Ms. Harbin advised that Mr. Nielsen expressed several concerns to Staff today related to access and compatibility with several agricultural uses. These will be looked at and reviewed at Stage 2. Cm. Zika commented she said there aren't any potential frog problems there. Should there be? Ms. Harbin stated there are no creeks on this property, but further down. They had a dispersion habitat study done and found no red-legged frogs in this area. This study was done about a month ago. Mayor Lockhart asked about how close the housing development would be to Mr. Nielsen's property. She confirmed that there are cows and horses on his property, which could be right next to residential. Alan Pinn stated they have been building in the Bay Area for the last 30 years. They just did a mile of connection road at Concannon in Livermore. Robert Nielsen Jr. stated he is very uneasy with the access to the property and for existing uses to continue. Also of major concern is maintaining a buffer to avoid problems. Everybody wants to have a good neighbor. He would appreciate us looking into this and if there is some contingency that these issues will be solved, he will be all for annexation. Martin Inderbitzen stated there are a number of development issues for this project which will have to be resolved with the Stage II prezone. They are an adjacent property owner in the back and interested in access. There are a variety of other detailed issues. He has spoken with Staff and they have been willing to work with him. He is comfortable with working with }'inn Brothers and supports the project. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending the Zoning Map to prezone property and approving a related Stage 1 Development Plan for 107.7 acres west of Tassajara Road and at the intersection of Yallon Road, and adopted .... .~.. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 444 RESOLUTION NO. 171 -02 APPROVING THE PREANNEXATION AGREEMENT BETWEEN THE CITY OF DUBLIN, PiNN BROTHERS CONSTRUCTION, INC., SlLVERIA RANCH, L.L.C. AND ALBERT C. HAIGHT LIVING TRUST PA 02-024 and RESOLUTION NO. 172- 02 AUTHORIZING INITIATION OF APPLICATION FOR REORGANIZATION FOR PA 02-024, ANNEXATION NO. 14 PUBLIC HEARING CITY OF DUBLIN ZONING ORDINANCE AMENDMENTS 9:01 p.m. 6.6 (450~20) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. The City Council was asked to consider amending various Chapters of the Dublin Municipal Code (Zoning Ordinance) including Chapter 8.08 Definitions: Chapter 8. ! 2 Zoning Districts and Permitted Use of Land; Chapter 8.36 Development Regulations; Chapter 8.40 Accessory Structures and Uses Regulations; Chapter 8.64 Home Occupations Regulations; Chapter 8.76 Off~Street Parking and Loading Regulations; Chapter 8.84 Sign Regulations; Chapter 8.104 Site Development Review Regulations; Chapter 8.108 Temporary Use Permit Regulations; and Chapter 8.144 Enforcement Regulations to provide consistency and clarify minor land regulatory issues. Clarification of Language sections include: Section 8.08.020, Accessory Structure; Section 8.64.030.E, Company Vehicle; Section 8.76.060E.7, Parking within a designated parking space; Section 8.76.060.E.8.a, Living or sleeping in vehicle parked upon any public right~of~way; Section 8.108.020.F, Fireworks Sales; Section 8.144.070, Criminal Remedies; Section 8.40.020.C.4, Inhabitable Space. Changes to Permitted Land Uses, include: CITY COUNCIL MINUTES VOLUME 21 I~EGULAR MEETING September 1 7, 2002 PAGE 445 Section 8.12.050, Permitted and Conditionally Permitted Land Uses. Changes to Accessory Structure Regulations, include: Section 8.36.100.A, Applicability of coverage regulations; Section 8.40.020.C.8, Separation of detached accessory structure from other structures on the same lot; Section 8.40.20.F. 1.e, Maximum square footage of detached accessory structures (excluding swimming pools) on a lot; Section 8.40.20.F. 1.a, Adjacent a fence or wall; Section 8.40.20.F.g.j. 1, Setbacks Cm. Zika clarified that this would apply to permanent structures and not temporary structures. Changes to Required Setbacks, include: Section 8. $ 6.050.B. 3, Compensating Provision of Side Yard. Changes in Sign Regulations, include: Section 8.84.020.MM, Temporary Promotional Signs; Section 8.84.040, Matrix B, Sign Development Regulations; Section 8.84.050.T, Temporary Promotional Signs; Section 8.84.150.L, Rotating, Mov/ng Signs Changes to Parking Regulations, include: Section 8.76.060E.8.b, Living or sleeping in a vehicle parked or stored on a lot; Section 8.76.060.F, Parking of unlicensed or inoperable ("Non~Op") vehicles prohibited; Section 8.76.070.A. 7.e, Minimum parking dimensions Additional Changes, include: Section 8.36.060.C.3, Enclosure of equipment required; Section 8.104.100, Waiver. In August 2002, the Planning Commission adopted a Resolution recommending that the City Council adopt the Ordinance to amend the Dublin Municipal Code as proposed. Various changes to the DMC as discussed would not create environmental impacts. Cm. Oravetz stated his neighbors recently sent a petition to the Mayor regarding cars parked on the street for sale and he asked if they could deal with this now? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 446 Mr. Ambrose stated this is not on the agenda tonight. This would involve 2 issues: RVs and vehicles parked all over town with for sale signs. Cm. Sbranti asked if this would be more related to our parking ordinance. Mr. Ambrose stated typically it fails under the Vehicle Code but we have made some modifications. Cm. Sbranti stated he would also like to bring a couple of issues to have City Staff take a look at. Cm. Zika asked if there is any provision for lots which may be larger than 5,000 square feet, but not 5,000 usable, such as if you have a hill in your back yard that takes up 1,000 feet. Ms. Harbin stated there is no provision for this. Staff would have to take a look to see if a structure could be placed there. A person could apply for a Variance, which would go before the Planning Commission. Cm. McCormick asked for clarification related to accessory structure and asked for an example of secondary detached accessory structure. Ms. Harbin explained that ff you were going to put in a 600 square foot guest house on a lot and your house is 1300 square feet, this would be a secondary structure. Mayor Lockhart questioned what kind of notification will be done related to these changes. How soon and how do we get this information out? Who needs it the most? Ms. Harbin stated some people have come in and provided their names and addresses. People come in everyday. Planning Manager Jeri Ram stated they are also in the midst of preparing new handouts. Mayor Lockhart asked ff it is possible to have a link to our Website to have these changes. Ms. Ram stated yes, this could be done. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING September 17, 2002 PAGE 447 On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending Chapter 8.08 Definitions; Chapter 8.12 Zoning Districts and Permitted Use of Land; Chapter 8.36 Development Regulations; Chapter 8.40 Accessory Structures and uses Regulations; Chapter 8.64 Home Occupations Regulations; Chapter 8.76 Off~Street Parking and Loading Regulations; Chapter 8.84 sign Regulations; Chapter 8.104 Site Development Review Regulations; Chapter 8.108 Temporary use Permit Regulations; and Chapter 8.144 Enforcement Regulations of the Dublin Municipal Code (Zoning Ordinance) PA 02 ~040. PUBLIC HEARING ~ ORDINANCE AMENDING SECTION 1.04.070 AND ADDING SECTION 1.04.75 TO THE DUBLIN MUNICIPAL CODE RELATING TO CLAIMS 9:25 p.m. 6.7 (170~10) Mayor Lockhart opened the public hearing. City Attorney Elizabeth Silver presented the Staff Report. This proposed ordinance would require that each person (rather than a representative claimant representing all similarly situated persons) seeking money or damages from the City, first submit a claim to the City. This ordinance would not prevent the refund of monies or payment of damages or prevent any person with a legitimate claim from obtaining relief. It would merely require each person seeking relief to fine a claim prior to bringing a lawsuit. A new section would apply the same requirements to claims that are subject to the Tort Claims Act, but only if such claims are claims for refunds from the City. It is designed to avoid administrative expenses that benefit neither the claimants nor the City and to provide refunds quickly and efficiently to those that want them if their claims are meritorious. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CiTY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 448 On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending Section 1.04.070 and adding Section 1.04.75 to the Dublin Municipal Code relating to Claims. AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT 9:28 p.m. 7.1 (600-30) Administrative Analyst Jason Behrmann presented the Staff Report. The City has negotiated an amendment to the current solid waste franchise agreement with Waste Management of Alameda County, Inc., to provide several new diversion programs and to extend the current Franchise Agreement by two years, through June 30, 2005. Mr. Behrmann discussed the new programs, including: Electronic Waste and Household Hazardous Waste Collection Event; Residential Curbside Used Oil Collection; and Commercial Food Waste. Mayor Lockhart asked if the public cleanup dates are flexible. She received a letter from a resident discussing the timing as not being really convenient. Mr. Behrmann stated we did adjust them and the dates have to be coordinated with WMI. They are usually set at the beginning of the year. The 2003 dates will be set within the next couple of months. Mr. Ambrose explained that the City used to have 4 dates. What we found was that we don't get tonnage with a January pickup date. There's not much yard work occurring. We do have a Christmas tree program. Mr. Behrmann explained how the dates were spaced; March, July-August, and October- November. Cm. Sbranti stated there is a 2~month spacing at one point. You will have a longer period during the winter months. He stated he felt in early November there is still a lot of leaves falling. The rainy season seems to be pushed back to late November. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 449 Annette Borges, District Manager for Waste Management stated they will have a little bit more flexibility as Livermore does not have scheduled pick ups any longer. They are excited about starting the new programs. Cm. McCormick questioned e-waste. It goes to Davis Street and she asked what they do with it. She stated she had heard talk about it going to third world countries. Ms. Borges stated they take them apart and they get letters from Recycle America related to the reuse. They sign off and say this is what it is and this is where it goes. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 173- 02 AUTHORiZiNG THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO FINAL AGREEMENT BETWEEN CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY, INC. FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES RECESS 9:38 p.m. Mayor Lockhart called for a short recess. meeting reconvened at 9:43 p.m. All Councilmembers were present when the TRANSFER OF OWNERSHIF OF THE DUBIJN LIBRARY BUll,DING AND SITE TO THE CITY OF DUBLIN 9:43 p.m. 7.2 (670~20/220~10) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the City Council previously approved a Memorandum of Understanding with the County of Alameda regarding the transfer of ownership of the Dublin Library Building and Site to the City of Dublin. One of the provisions of the transfer is that the City adopt a Resolution of Intention to remain a member of the County Library System for a minimum period of 5 years after the effective date of the transfer. The Resolution has been prepared for consideration by the City Council. Cm. McCormick asked if there is an escape clause? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 450 Ms. Lowart responded if the County does not provide the same level of service, then the City could get out. This doesn't start until we open the new library. Cm. McCormick stated she was hoping for a higher level of service, not the same level. Ms. Lowart stated Staff discusses this on an annual basis with the library. They are initially committed to providing us with the current level. City Manager Ambrose stated we are one member of a library system. The Alameda County City Managers meet to review service allocations each year. The County is currently subsidizing the Dublin Branch to provide services. If we wanted to enhance services, we would have to pay for them. Until such time that property tax revenues exceeds the same level of services, we have to subsidize. Cm. Sbranti stated he felt one advantage of being part of the County system, if a book is not there, you can get resources from the County website overall. Cm. Zika questioned how level of service is defined. Mr. Ambrose advised that currently it is the number of hours and staff to answer questions, etc. We contribute funding over and above what the County provides. We always have the option to determine whether or not we want to use additional General Fund dollars to provide additional hours. A larger library will require additional staffing. The first 6 months it is open we can access the situation regarding hours and staffing. The Alameda County City Managers have reviewed the costs related to each branch and the total operating costs. Cm. Oravetz stated Cm. McCormick asked if we could get a higher level of service. This comes back to the City Council to decide. He stated he supports Cm. McCormick's ideas. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 174- 02 INDICATING THE CITY COUNCIL'S INTENT THAT DUBLIN REMAIN A MEMBER OF THE COUNTY LIBRARY SYSTEM FOR FIVE YEARS FROM THE TRANSFER OF OWNERSHIP OF THE EXISTING LIBRARY BUILDING AND SITE AND THAT, FOLLOWING THE TRANSFER, THE EXISTING LIBRARY BUILDING AND SITE WILL BE USED FOR PUBLIC PURPOSES FOR A PERIOD NOT LESS THAN 50 YEARS CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 451 STREET BANNER ART PROJECT 9:54 p.m. 7.3 (600~30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report and advised that a 2001 ~02 City Council high priority goal was to develop new banner art working with Dublin youth. This project was to consist of the creation of 5 different banner designs produced by collaboration between artists and participants in the Parks & Community Services Department "Recreation on Campus" program at Wells Middle School. The project is now complete and the banner designs recommended by the Heritage & Cultural Arts Commission were presented for Council consideration. The cost to fabricate the banners as recommended by the Commission for display on 40 banner poles throughout the City is $20,890. Sufficient funds are available in the FY 2002~03 Budget for this option. Project Art Consultant Lynne Baer explained the process which was used. She stated Artist Ray Beldner regretted that he could not be here, but he had a show at Kent State University in Ohio. Cm. McCormick complimented the Heritage & Cultural Arts Commission for their thoughtful recommendations. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council confirmed the recommendation of the H&CA Commission and authorized Staff to obtain bids for banner fabrication. AWARD OF BID - CONTRACT 02-15 - FIRE STATION 17 10:05 p.m. 7.4 (600-35) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that at its meeting of August 6, 2002, the City Council authorized Staff to solicit bids for the new Dublin Fire Station 17. The Station includes 11,000 square feet of building and approximately 1 acre of site work. The proposed schedule for the project is 12 months. A total of 6 bids were received, with the low bid of $2,848,000. Cm. Sbranti asked if the entire funding for the project is in this year's budget or will some be in the 2003-04 budget? CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING September 1 7, 2002 PAGE 452 Ms. Lichtenstein stated it will span two years; a small part of it will carry over. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 175- 02 AWARDING CONTRACT 02-15 FIRE STATION 17 TO BLACKSHIRE CONSTRUCTION $2,848,000 INITIATION OF A GENERAL PLAN (GP) AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT (EDSPA) STUDY FOR SITE 15-A EMERALD PARK PA 02 ~041 10:06 p.m. $.1 (420-30) Harming Consultant Michael Porto presented the Staff Report and advised that this request by the Alameda County Surplus Property Authority is for a GP & SPA Study for Site 15~A, located at the northeast quadrant of Arnold Road and Dublin Boulevard from High Density Residential to Campus Office. The purpose of the proposed amendment is to create a more cohesive land use pattern for the western portion of the Emerald Park development, between Hacienda Drive on the east and Arnold Road on the west. The GPA/SPA for Site 15A is necessary to finalize the GPA/SPA for the Transit Center and will be processed concurrently. The EDSP and the Park & Recreation Master Plan anticipated adequate park facilities to meet the demand related to development within the City. However, the EDSP and the Park & Recreation Master Plan were completed prior to the contemplation of the Transit Center project. Inadequate park acreage would result from the addition of the Transit Center and its 1,500 additional residential units. In an attempt to maintain balance of the SP and GP and to meet the additional park acreage demand resulting from the Transit Center, the County has proposed two solutions: 1) transfer the residential density from site 15A to the Transit Center, and 2) utilize the 8~acre site known as Area F (triangular shaped property) for park land. The combinations of these two solutions will alleviate the park acreage deficit and therefore, it is necessary to process the Site 15A GPA/SPA concurrently with the Transit Center application. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 453 RESOLUTION NO. 176- 02 APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY FOR ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR APPROXIMATELY 15.6 ACRES OF LAND LOCATED SOUTH OF CENTRAL PARKWAY, EAST OF ARNOLD DRIVE, NORTH OF DUBLIN BOULEVARD AND WEST OF SYBASE KNOWN AS SITE 15A OF THE SANTA RITA PROPERTY INITIATION OF AN EASTERN DUBHN SPECIFIC PLAN (EDSP) AND GENERAL PLAN AMENDMENT (GPA) STUDY FOR A PORTION OF PROPERTY OWNED BY THE DUBLIN LAND COMPANY Mayor Lockhart announced early in the meeting that this item had been pulled. 8.2 (420-$0) (Dublin Land Company informed Staff that they wished to withdraw the GP and SPA Study initiation from this agenda. The item was noticed for this mcctin$ and notices were sent out to all properly owners within a 300' radius of the affected property. The requested chan~e in thc EDSP and GP land- use desisnadon in the project area was from a mixture of commcreial, residential and Public/Semi- Public Facilities land uses to H~gh Density Residential only for property located on the east side of Tassajara Road approximately between Gleason Drive and Central INITIATION OF A GENERAL PLAN AMENDMENT (GPA) STUDY FOR 6617 DUBLIN BOULEVARD (FORMER PAK ~N SAVE SITE ON THE NORTHWEST CORNER OF DUBLIN BOULEVARD AND DOUGHERTY ROAD) 10:08 p.m. 8.3 (420-$0) Associate Planner Kristi Bascom presented the Staff Report. Bancor Properties LLP is proposing a change in General Plan land-use designation on this approximate 10.6 acre site from Retail/Office and Automotive to Mixed Use. The proposal is to develop the site with a mixture of commercial retail and restaurant uses in combination with apartments, condominiums and townhomes. The existing gas station at this same corner of Dublin Boulevard and Dougherty Road is not a part of this application. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PACE 454 The 10.6~acre parcel is currently occupied with a 104,000 square foot building, originally built in the early 1970s. The building consists of 86,000 square feet of the former Pak 'N Save grocery store and 18,000 square feet of in~line retail space. The applicant envisions demolishing the existing building and constructing an entirely new project with approximately 40,000 square feet of retail space, 135 apartment/ condominium units over the retail space, and approximately 112 townhouse-style units surrounding a "main street" type setting. Ms. Bascom discussed several issues of concern that Staff has identified on this project, including: 1) Economic impacts: Loss of retail potential. 2) Traffic impacts. 3) Land Use Compatibility impacts. 4) Viability of small~scale retail businesses. In addition, the Community Development Department is currently working on a number of GP and SPA studies that were previously authorized by the City Council, including: 1) Valley Christian Center GPA 2) IKEA PD/SDR/GP and SPA 3) Community Facilities Study 4) Dublin Ranch Area F GP and SPA 5) Bancor LLC/San Ramon Village Plaza (Alcosta Boulevard/San Ramon Road) GPA 6) Eastern Dublin Properties GP and SPA and Resource Management Plan Ms. Bascom stated because of these issues, Staff recommended that this request to initiate a GPA Study either be denied based on the four issues and concerns outlined, or that the item be continued until other GPA studies have been completed and sufficient Staff time can be devoted to studying and resolving the complex concerns that have been identified. Michael Banducci stated they are very excited to bring this project forward. They have been working on it for over a year. They propose to put 40,000 square feet of retail on the ground floor with restaurant or commercial pads and 135 condo or apartments above and 112 walk up style townhomes. Parking for residents will be underground, underneath the retail. This project will have many positive impacts to the economy of Dublin. It is within a mile from BART and major employment centers in both Dublin and Pleasanton. Safeway is very supportive of this project. Mayor Lockhart asked if they plan to retain any of the existing businesses? Mr. Banducci stated probably not, but Room with a Cue does a good business so they would work with them. CiTY COUNCIL MINtYFES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 455 Mayor Lockhart read a letter faxed from Greenbelt Alliance: 'gearMayor Lockhart: Greenbelt Alliance, thc Bay Area ~s leach'nX land conservation and urban planning organization, would like to request that the Ci& of Dublin seriously consider the General Plan amendment proposal offered by Mr. Mike Banducci and Bancor Properties. Although we have not yet conducted a full review of the proposal, we did wish to send this letter prior to this evening's Council meeting. Based on the project description outlined in Mr. Banducci's letter to Mayor Zockharl of August 15, 3003, alonX with the site plan, images, and renderings provided by Mr. Banducc( we are very enthusiastic about the proposed mixed-use Dublin Village. It appears that the project would provide Dublin with a great number of benefits. The project location is particularly well suited for a mix of housing and retail uses. Further, Dublin Village incorporates an attractive village-OgTe ne~ghborhood plan that is based on smart growth concepts, including promotinX walln'ng to shoppin$~ restaurants, jobs and/or mass transportation. The project architect is a well-respected and experienced architectural finn that has done many beau~ful projects in the Bay Area. Adch'tionally~ the project will bring work force housing and provide more affordable types, including apartments, condos and townhomes. We are pleased that the project would provide below market-rate units, as required by the City. This will provide a mix of income ranges, which is critically important for meeting the city's housing needs, h'nally, we wish to note that we have previously endorsed another smart-growth oriented project proposed by Mr. Banducc~ Faust town village in downtown Zivermore. This project received h~gh praise from the Zivermore Redevelopment agency and staff, and was approved by the city council. Thank you for the opportunily to present our comments on this matter. Sincerely~ Janet Stone Livable Communities Program Director (MAIN OFFICE 530 Bush Stree~ Suite 303, San Francisco, CA 904108 cc: Mike Banducc( Bancor Properties). Cynthia Morse, Lake Drive, stated this will be wonderful for the City and she feels this every time she drives by this location. This would be wonderful for the City if the retail there is close to each other and having a built in clientele and word of mouth regarding the shopping opportunities. She loves the idea of underground parking. As a resident she would really like to see this. It fits in with what the advantages of affordable, more density or affordable by regulation. People can walk and not need to drive. Shopping would be so handy. This would benefit the City greatly. She would volunteer to help Staff out in any way she could. Allison Brooks, Associate Director of the Livable Communities Initiative, stated she felt this is the perfect location for this mixed type of use. It would be a shame if available staff resources prohibited this from happening. She gave her support for changing the zoning to mixed use. Kasie Hildenbrand, Westwood Court stated she echoed many comments in support of this project. This would be a great beginning to tie east and west Dublin. Currently many people in east Dublin shop in Pleasanton because it is closer. This will provide CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 456 more residents reasons to bring them to the west. She urged the Council to support the project and consider a study. Cm. Zika stated he had several concerns with the project. It is a severe tax negative. The major problem is the traffic at that intersection. Level F is gridlock and this is at that level already at certain times of the day. With regard to an underground parking structure, he stated he's not sure where the water table is there. The project would be beautiful there, but this is a terrible traffic location. We also don't have the Staff time to take a look at it. Cm. Sbranti stated he would rather see 40,000 square feet of viable retail than what we have there now. We would also benefit some of the surrounding retail and that space adjacent could generate more retail. He felt this is compatible to the transit center and traffic would have to be looked at anyway. This could potentially be beneficial and is very innovative. The details could all be worked out in the study. Cm. McCormick stated this is what the City has been talking about for several years, smart growth. We're now presented with this, and there's all kinds of excuses why we can't even study it. Cm. Oravetz stated if we could redo Village Parkway, maybe we could adopt this. Cm. Zika has good points about negatives. This is smart growth. It's got everything we've asked for. The other problem is the City Manager and Staff have to tell them where it lines up with the priorities. He stated he would concur with the study. Cm. Sbranti stated he felt you would have just as much traffic with retail. Maybe Staff could look to see if it is possible to get more retail. Mayor Lockhart stated she is happy with mixed use and viable retail. Retail hasn't successfully happened in the last 20 years on that corner. She agreed that this ties different parts of our community together. We would build a string of villages to connect our community. She stated she would like to see us make a really good effort to fit this in. This accomplishes what we are looking for. The water table may take care of the whole thing. These are the kinds of things we have been asking for. Cm. McCormick stated she would like to find alternatives with Staff time. Mr. Ambrose advised that we can hire consultants, but you need City Staff to manage the consultants. We can bring this back to the next meeting, and the City Council can prioritize the list. CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING September 17, 2002 PAGE 457 On motion of Cm. Oravetz, seconded by Cm. McCormick, and by majority vote, the Council adopted RESOLUTION NO. 177- 02 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR 6617 DUBLIN BOULEVARD (FORMER PAK 'N SAVE SITE ON THE NORTHWEST CORNER OF DUBLIN BOULEVARD AND DOUGHERTY ROAD APN 941-0205-009-08 Cm. Zika voted against the motion. AGREEMENT FOR MAINTENANCE AND OPERATION OF THE DUBLIN LIBRARY 10:44 p.m. 8.4 (600~40) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that construction of the new Dublin Library is underway and the library is scheduled to open in January 2003. Upon completion, the City will own the library building and related improvements and the Alameda County Library will operate library~related activities in the building and provide equipment related to the general operation of the library. Staff prepared an agreement that outlines the responsibilities of both the city and the County in the maintenance and operation of the library. The estimated cost to the City for FY 2002-03 is $36,516 and sufficient funds are available in the FY 2002-03 Budget. Cm. McCormick asked about the Dublin History Room and discussed the items owned by the Dublin Historical Preservation Association. Ms. Lowart discussed this and advised that this is not part of the first phase. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council authorized the Mayor to execute the Agreement. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 458 REVISIONS TO BYLAWS AND RULES OF PROCEDURE FOR THE PARKS & COMMUNITY SERVICES COMMISSION 10:49 p.m. 8.5 (610~20) Parks & Community Services Director Diane Ix>watt presented the Staff Report and stated a request is being made for Council consideration of a revision to the Bylaws and Rules of Procedure pertaining to the election of officers for the Parks & Community Services Commission. The Parks & Community Services Commission is made up of 5 representatives who serve 4 year terms, and one student commissioner, who serves a one year term. In July of 2002, the Commission discussed the possibility of changing the attendance requirements for holding an election from six to a quorum of Commissioners. The reason for this change is that the Commission does not always have 100% attendance and, consequently, is unable to conduct elections. This change is consistent with the Bylaws and Rules of Procedure for the Heritage & Cultural Arts Commission and the Youth Advisory Committee. Cm. Sbranti asked about the rules for the Planning Commission. Community Development Director Eddie Peabody stated they need a quorum. Cm. McCormick stated she felt this is a result of poor attendance. There is rarely 100% attendance. Ms. Lowart advised that there have been several meetings when they have not had all members present. Cm. McCormick asked if this would be a good time to deal with attendance issues. Cm. Sbranti stated he felt the Council should establish a policy for all commissions related to attendance. He would like to look at all of them together. Mayor Lockhart stated she would also like to consider term limits. Cm. McCormick stated she would like to look at total absences, not necessarily consecutive. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 21 REGULAR MEEi'ING September 1 7, 2002 PAGE 459 RESOLUTION NO. 178- 02 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE PARKS & COMMUNITY SERVICES COMMISSION AND RESCINDING RESOLUTION NO. 130-98 APPROVAL OF COOPERATIVE AGREEMENT WITH CALTRANS FOR THE iMPROVEMENT OF I~580/SAN RAMON ROAD/FOOTHILL ROAD INTERCHANGE 10:53 p.m. $.6 (600-50) Senior Civil Engineer Ferd Del Rosario presented the Staff Report and advised that in order to proceed with the improvement of the I~580/San Ramon Road/Foothill Road Interchange, the City is required to enter into a Cooperative Agreement with Caltrans for work in the Caltrans right-of-way. Under this agreement, the City will fund 100% of the cost of improving the interchange, including engineering and construction. The total project cost is estimated at $2,000,466, of which $1 $87465 was contributed by Pleasanton for the Project Study Report and Project Report preparation. Pleasanton has since decided not to fund the recommended improvements on their side of the interchange. Additional funds of $72,137 will be required to fully fund the project. If sufficient funds are not collected at the time of construction, it is proposed to borrow the required funds from the General Fund and pay the loan back as future TVTDF funds are collected. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 179- 02 APPROVING COOPERATIVE AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE IMPROVEMENT OF THE 1-5801SAN RAMON ROAD/FOOTHILL ROAD INTERCHANGE CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 460 APPROVAL OF MASTER PROJECT FUNDING AGREEMENT WITH ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY FOR ACTIA PROJECT NO. 9, IRON HORSE BICYCLE, PEDESTRIAN AND TRANSIT ROUTE PROJECT 11:00 p.m. 8.7 (600-40/1060-90) Senior Civil Engineer Ferd Del Rosario presented the Staff Report and advised that this Master Project Funding Agreement covers general requirements for ACTiA's funding of Tier 1 projects in Alameda County's 20-Year Transportation Expenditure Plan. One of the Tier 1 projects included in the Plan is the Iron Horse Bicycle, Pedestrian and Transit Route project, which is being sponsored by the City of Dublin. The City will receive approximately $5.7 million from ACTIA for the design and construction of the project starting in FY 2003-04. This project would construct a four-lane roadway along the abandoned railroad right- of-way between Dougherty Road and Dublin Boulevard, and would facilitate transit service in this corridor, and would relocate and enhance the Iron Horse Trail. Mayor Lockhart asked what happened to the dedicated bus lane on this project. Mr. Del Rosario stated Staff has had discussions with LAVTA and based on their recommendation, they feel they could be accommodated with this without a dedicated bus lane. We will continue to discuss this with LAVTA staff. City Manager Ambrose stated the right-of-way acquisition is not a typical right-of-way acquisition. We have to acquire U. S. Army property. We have sent letters to the County over the past couple of years and have not yet been met with a response. Mayor Lockhart questioned the small triangular piece of property on Dublin Boulevard. Mr. Del Rosario advised that this small piece will be used. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 180- 02 APPROVAL OF MASTER PROJECT FUNDING AGREEMENT WITH ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY FOR ACTIA PROJECT NO. 9 - IRON HORSE BICYCLE, PEDESTRIAN AND TRANSIT ROUTE PROJECT CiTY COUNCIL MINLrI'ES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 461 PARTICIPATiON IN TRI-VALLEY JOBS WEBSITE 11:10 p.m. 8.8 (600~40) Economic Development Director Chris Foss presented the Staff Report. Following the successful debut of the City of Pleasanton's website, www. Pleasantonlobs.com, the Economic Development Directors from the Cities of Dublin, Pleasanton, Livermore and San Ramon met to discuss the potential'to expand the website to make it available to all Tri~Valley businesses. The Tri~Valley cities agreed that the costs of creating and maintaining the site should be shared based on each community's percentage of businesses and residences. The City of Pleasanton has received a bid to expand the site and the new site would receive a new domain name more reflective of the Tri-Valley (www. TriValleyJobs.com). The proposed agreement requests that the City of Dublin contribute $10,829 for FY 2002~03 to help offset the costs involved in creating, updating and marketing the job site. It is estimated that the site changes and marketing will be completed by the end of the year. The Council felt this was a great idea. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council authorized the City Manager to execute the agreement and approved a Budget Change authorizing an appropriation of $10,829 from Unappropriated Reserves to pay for the Tri~Valley jobs website. UPDATE ON PENDING CHANGES TO THE CITY'S STORMWATER PERMIT UNDER THE ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM 11'12 p.m. 8.9 (1000~20) Assistant City Manager Joni Pattillo presented the Staff Report which outlined the key elements of the proposed changes to the National Pollutant Discharge elimination system (NPDES) permit. The NPDES permit is issued to the Alameda Countywide Clean Water Program (ACCWP), which is a consortium of 17 public agencies, which the City of Dublin is a member agency. The most significant changes are in the area of new development and redevelopment. The financial impact of implementing the new requirements will largely be determined by how strictly the Regional Water Quality Board qualifies compliance with CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 462 requirements of the new NPDES permit; however, costs are potentially significant for both developers and the City. The program is currently being funded from the City's General Fund. Ms. Pattillo discussed the NPDES Permit Adoption Process, and provided a Status Update on Related NPDES Processes. In summary, Ms. Pattillo stated Staff believes that the implementation of the new requirements will place a serious burden upon the City. It will be the City's responsibility to increase the level of plan checking to determine which projects meet the criteria necessitating the incorporation of water quality maintenance measures. In addition to allocating funds, it may be necessary to hire additional Staff for plan review, inspections, enforcement and maintenance activities. Although the NPDES program is federally mandated, federal funds are not allocated to local jurisdictions for carrying out the program. Cm. McCormick stated clean water is public policy and what she reads is more staff sensitive rather than environmentally sensitive. She stated she felt that although the arguments are good, she would prefer to have us respond with some environmental sensitivity to this. We should say the City is looking for ways to comply. Cm. Sbranti suggested that we add something in the beginning of the letter stating we intend to comply. Ms. Pattillo clarified that the City has been in compliance with the permit that has been issued. Following discussion, Ms. Pattillo suggested that Staff could add language and say something like "The City of Dublin supports the Regional Board's efforts to protect our local creeks and the San Francisco Bay from the potentially detrimental impacts of stormwater runoff and has appreciated the work efforts of the Regional Board Staff on the proposed 2002-2007 NPDES Permit. The City does, however, have a few concerns about the newpermit requirements." On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council authorized the Mayor to sign and send the amended letter to the Regional Water Quality Control Board outlining the City's concerns. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 1 7, 2002 PAGE 463 OTHER BUSINESS 11:24 p.m. Mr. Ambrose stated Staff has been in touch with the School District regarding a joint meeting with the City Council and it appears that an October date won't work. Staff will try to find some time in November that works for both. Mr. Ambrose reminded everyone of the City's second annual Day on the Glen Festival this weekend, September 21 st and 22nd at Emerald Glen Park, 10 a.m. to 6 p.m. each day. Cm. Oravetz announced that he will go to the League meeting in Hercules this Thursday night. Cm. Oravetz advised that we have 4 new LAVTA buses in the community. They are red, white and blue. Cm. Zika reported that on Saturday, September 14th he attended a meeting on Worlcforce Mfordable Housing in San Ramon. Congresswoman Ellen Tauscher was there and unfortunately, there is no more federal money for us. Everybody talked about the problems, but nobody had concrete solutions. It is basically up to the local jurisdictions to take care of the problems. Cm. Zika stated he attended a meeting of the I~ 550 policy committee and they adopted the BART alignment down I~ 580 and would like 2 HOV lanes. Unfortunately we are $150 million short. Cm. Sbranti stated he was also at the LAVTA meeting. He commended the Mayor and City Staff for the 9/11 tribute event. He got green building information at the Tri~Valley Council dinner, which hopefully we can bring to the City. On September 4th, he attended a library committee meeting. There was discussion on the impacts of the Internet and how valuable libraries are to the community. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 464 Cm. McCormick announced that National Pollution Prevention week is September 16- 22. This means protecting the environment by reducing pollution and she stated she hopes everyone will use all purpose cleaner in homes and gardens, recycle and car pool or ride mass transit when you can. Cm. McCormick stated she chaired the Alameda County Housing Authority meeting and attended the Tri~Valley Council meeting. The subject of a tri~valley cemetery was resurrected and she stated she would like to serve on that committee. She also attended the Urban Land Institute in Pasadena and learned we are doing so much positive in Dublin. Mayor Lockhart stated she also attended the ULI program and found it to be most enlightening. She also represented Dublin at the East Bay Standdown and salutes the people that put the program together. Mayor Lockhart stated she had questions about Central or the street that backs up to Emerald Glen Park. Have we noticed how terrible this looks with the builder's storage fence bent and hanging out on the sidewalk. Is there any way to have them tarp this. It is really trashy looking for the residents. It is the future Emerald Glen Park area. Mayor Lockhart stated she had someone ask if there is a possibility that we could change the Civic Center fountain hours. If it has to run at night, could we light it? They requested that we coordinate running it more to office hours. Mayor Lockhart stated there are two boats parked on Amador Valley Boulevard at Penn Drive, east of the intersection, not attached to anything. She requested that Staff take a look at this situation. Mayor Lockhart stated there seems to be a little misunderstanding on the part of the School District about the intent of the workshop to be held jointly with the School Board and the City Council. They feel they don't want to meet with the City Council until after they make the school decision. She stated she would like to go to the next School Board meeting to make the point clear to them that the City understands that this is their decision to make. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 465 Mayor Lockhart adjourned the meeting in memory of Alameda Mayor Ralph Appezzato whose untimely death occurred yesterday. He will be sadly missed and our regrets go to his family. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:39 p.m. ATYEST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING September 17, 2002 PAGE 466