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HomeMy WebLinkAbout4.01 Draft CC 10-01-2002 MinREGULAR MEETING - October 1, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. Existing Litigation - Government Code Section 54956.9(a) Name of Case - Livermore Area Recreation & Park District v. City of Dublin, Alameda County Superior Court No. 2002049773 Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) - ONE potential case - Facts and circumstances: Government Code Section 54956.9(b)(3)(B) September 22, 2002 incident at 4201 Central Parkway Anticipated Litigation - Initiation of litigation, pursuant to Government Code Section 54956.9(c): ONE potential case A regular meeting of the Dublin City Council was held on Tuesday, October 1, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. None. REPORT ON CLOSED SESSION ACTION Mayor Lockhart stated there was no reportable action on any of the 3 closed session items. FLEDGE OF ALLEGIANCE The Dublin 4-H Club led the Council, Staff and those present in the pledge of allegiance to the flag. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 490 PROCLAMATION 7:09 p.m. 3.1 (610~50) Mayor Lockhart read a proclamation declaring the week of October 6~ 12, 2002, as National 4~H Week, and urged people to take advantage of the opportunity to become more aware of this special program which gives youth the chance to learn together and on their own as part of the Dublin 4~H Club and the Alameda County 4~H. The proclamation was presented to representatives from the Dublin 4~H Club. RECOGNITION OF NOMINEES FOR 2002 ORGANIZATION OF THE YEAR 7:13 p.m. 3.3 (610~50) Nominees include: Dublin 4~H Club, Dublin High Irish Guard Band Boosters, Dublin Historical Preservation Association, Friends of the Dublin Library, and Tri~Valley Haven. The winning Organization will be announced at the City's Volunteer Celebration being held at the Dublin Monarch Hotel on Friday, October 11 th. Cm. McCormick presented information on the nomination forms related to the accomplishments and activities of each of the nominated organizations. Mayor Lockhart presented each group with a Certificate of Recognition. RECOGNITION OF NOMINEES FOR 2002 CITIZEN OF THE YEAR 7:24 p.m. 3.4 (610~50) Nominees include: Dave Burton and Angela Fontes. The winner will be announced at the Volunteer Celebration on Friday, October 1 lth. Cm. Oravetz presented information related to the accomplishments of each of the nominated individuals. Mayor Lockhart presented the nominees with a Certificate of Recognition. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 491 INTRODUCTION OF NEW EMPLOYEE 7:31 p.m. 3.2 (700~10) (after 3.4) Community Development Director Eddie Peabody introduced the City's new rlanning Secretary, Autumn McGrath. Autumn stated she appreciates the opportunity to work here. 7:34 p.m. Mayor Lockhart announced that Item 6.1 had been pulled. PUBLIC HEARING WEED AND COMBUSTIBLE REFUSE ASSESSMENT ORDER (540-50) Mayor Lockhart announced that Item 8.1 has been withdrawn. TRUMARK COMPANIES GENERAL PLAN AMENDMENT (GPA) STUDY REQUEST FOR THE 19-ACRE SOUTHERN PACIFIC RAILROAD AND ALAMEDA COUNTY PARCELS ALONG THE IRON HORSE TRAIL (420-30) Laura Moore, addressed the Council and stated residents met last night, and they have some exciting ideas regarding the land around the Iron Horse Trail. They wished to relay some of their thoughts and to submit a petition with over 200 signatures that are opposed to housing being built on this land. She introduced Steve Westlund, Association President of Heritage Commons. Steve Westlund, Conestoga Lane, stated they wished to share concerns. They are concerned that this is being withdrawn at this time so the applicant can submit a future proposal. No amount of discussion will change their minds about keeping the trail free of housing. They requested that the City Council direct staff to place on agenda at next meeting a GPA study to consider park or open space use on this site in order to give people an opportunity to provide their input. He asked that those present supporting their position to stand. Mayor Lockhart read a statement submitted by Bradley & Gwen Chapman, Stagecoach Road, "Rezoned forpark. Prvser~,e thc vawous natural habitat of coyotes, frogs, raccoon& etc. ~ CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 492 Mayor Lockhart read a statement submitted by Terri Sweet, Stagecoach Road, ,~r would like to see Iron Horse Trail property (including Si' Railway & Zone ? Water District) Rezoncd/Classified as Park/Recreation Land" Mayor Lockhart read a statement submitted by Debora Hetcher, Stagecoach Road, "Building ANY residential community in this area would negatively impact an already crowded elementary school. These new residents in the spirit of neighborhood schools should attend Fredericksen (sic) which is Mready impacted. Also the added traffic on on Amador Valley Blvd. would make traveling to school for many children a ve~ dangerous proposition. ~' Mayor Lockhart read a statement submitted by Joanne Edelman, Pioneer Lane, "Although the Trumark Study has been taken off the agenda at this time, I would like the Council to approve adding the rezonin$ to Park or Open Space on the November 2002 agenda." Mayor Lockhart read a statement submitted by Chester and Linda Rhodes, ,fir wouldlike the Iron Horse Trail from Amador to Doughertry (sic) Road and Amador to Alcosta be designated as either park or open space. No houses behind Stagecoach. Save our wild life and open space." Glen Walder, Knollwood Place, stated it is unfortunate that a presentation of this kind is required to present what everyone takes this open space for granted. He is a 2 7~year resident, has been a teacher for 10 years at Dublin High School and is a running coach. He talked about activities that occur on the Iron Horse Trail, one starting at 6 a.m., which he calls critical mass. That open space is the only way for many of them to deal with the stress of life. This trail is very heavily used and a dramatic testimony to this community to have this type of parkland. The nearby residents are not the only ones impacted. The wildlife in this area is very unique; as is the bird life and mammal life, etc. Mayor Lockhart read a statement submitted by Peter Verga, Brookdale Court, I would like this issue placed on agenda for next meeting - to declare it open space in general plan. ': Mayor Lockhart read a statement submitted by Carol Hines, Corinth Court, '? would like Iron Horse Trail from Amador Valley B1vd to Alcosta B1vd declared open space or designated as park land" Mayor Lockhart read a statement submitted by Linda Marker, Stagecoach Road, Be very careful what you do with this land It is pat~ of the western migration path for migratory birds from Mexico to Canada. It provides habitat for a variety of animals and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 493 once it is gone, it is gone forever. Aro amount of relandscaping will ever reclaim the wild environment that is there now. ': Mayor Lockhart read a statement submitted by John A. Marker, Stagecoach Road, "£OOkl'ng at a map, this land is the only land in the hea~ of the ci& that is tJat ~ accessable (sic) to ail and should be set aside as a park or open space. SFhas Golden Gate Par~, Dublin should have the Greater Iron Horse Trail Park. " Karen Seals, Prince Drive, stated she is part of the ¢ a.m., critical mass. They took this for granted until last week. This would also impact the neighborhood on Prince Drive and this area would be another 50 or so people. Preserve it for the people of Dublin. Mayor Lockhart corrected erroneous information and advised that the Council did not pull this item, but rather the developer did. On September 30, 2002, a letter was submitted to the City stating, "Trumark would like to officially withdraw our application for a General Plan Study on the railroad site. We will spend some more time with the local neighborhood and see if an application in the future would be appropzJate. " Denise Oxman~Morgan, Turquoise Street, stated she is a newer resident and she is a teacher. Our children seem to have been forgotten in all of this. The impacts on our schools should be considered. To think about park space, look past the revenue the city would have and think about the children. Mayor Lockhart read a statement submitted by Nancy Blair, Stagecoach Road, 'Yam totally against the development of the land surrounding the Iron horse trail and behind my home. We need to stop developing Dublin and focus on what we have and improve on it. Please protect our open land. r Do not re-zone the land for homes. Let's develop that area as a parkland for all of Dublin to enjoy." Mayor Lockhart read a statement submitted by Randy Frazier P.E., Amador Valley Boulevard, "I am opposed to any development in this beautiful open area. This space is an asset to the community as it is - attracting people to the area and mala~g the town desireable! (sic) I will also write letters more fully explaining my position." Mayor Lockhart read a statement submitted by Lisa Jacques, Dublin Meadows, "Saving open space ~ I. H. trail for a park area. ~ Cm. McCormick asked if they could agendize this. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 494 Assistant City Manager Joni Pattillo stated Staff will take a look at the Parks Master Plan and this will come back to the City Council later this year. This area is already part of the master plan. Cm. Zika stated currently this is zoned as a transportation corridor. Mayor Lockhart clarified that this will be addressed as part of the plan. She assured the public that nothing will happen without the public having an opportunity to be a part of the discussion. Scott Mason, Stagecoach Road, stated what Trumark did was say they were going to withdraw this and submit it later. He just bought his house in June and would feel very uncomfortable not telling a potential buyer that someone wants to develop this land. Mayor Lockhart clarified they've withdrawn everything they've submitted to the City. They have literally withdrawn their request. Steve Klopfer, Sapphire Street asked if the city has the first option to purchase this land from Southern Pacific? Mayor Lockhart replied that staff is researching this at the present time. Part of it is County owned and part is SP. Mr. Klopfer stated it has been 3 months since the 7Eleven went up. Did anyone receive a letter about this? He has only been here 5 years. Mayor Lockhart stated the 7Eleven had been planned for years. CONSENT CALENDAR 7:58 p.m. Items 4.1 through 4.11 Cm. Zika pulled Item 4.7. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 17, 2002; CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 495 Authorized (4.2 600-35) Staff to advertise Contract 02-17, Fuel Tank Upgrade Phase 2, for bids; Authorized (4.3 600-35) Staff to advertise Contract 02-14, Civic Center HVAC (Heating, Ventilating, Air Conditioning) Replacement, for bids; Adopted (4.4 600-40/670~90) RESOLUTION NO. 181 -02 AUTHORIZING EXECUTION OF DEED TO DUBLIN SAN RAMON SERVICES DISTRICT CONVEYING TITLE TO RECYCLED WATER PIPELINE AND APPURTENANCES THERETO INSTALLED AS PART OF THE DUBLIN BOULEVARD WIDENING (DOUGHERTY ROAD TO SCARLETT DRIVE) PROJECT PURSUANT TO THE PARTIES' COOPERATIVE AGREEMENT Adopted (4.5 600-60) RESOLUTION NO. 182- 02 APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 6961 (DUBLIN RANCH, PHASE I - NEIGHBORHOOD L~) Accepted (4.6 600-35) improvements under Contract 01-14, Civic Center Interior Painting, and authorized final payment to SNA Enterprises, less retention to be paid in 35 days if no subcontractor or supplier claims are received; Adopted (4.8 600-35) RESOLUTION NO. 183- 02 AWARDING CONTRACT 02-13A DUBLIN SWiM CENTER ROOF REPLACEMENT PROJECT TO CBC CONSTRUCTION ($75,214) CITY COUNCIL MINU~S VOLUME 21 REGULAR MEETING October l, 2002 PAGE 496 Approved (4.9 600~ 30) Consultant Services Agreement for Engineering Testing of Fire Station 17 with RES Engineering (not to exceed $80,000); Approved (4.10 600-30) Consultant Services Agreement for Geotechnical Testing of Fire Station 17 with Berlogar Geotechnical (not to exceed $40,000); Approved (4.11 300-40) the Warrant Register in the amount of $2,361,608.86. Cm. Zika pulled Item 4. 7 related to the traffic s~gnal battery backup grant and asked if this could apply to the signals at Amador Plaza Road in light of the new freeway access them. Public Works Director Lee Thompson stated these are proposed for 8 of the Cio'~ more heavily traveled intersections. This location could be added in the future, and it would be about the same cost as today. Each intersection will cost about $15,000 and we're ge~'ng about $4,000 in grant funds for each intersection. Acting CiO, ManagerJoni Pattillo pointed out there is also a timing issue involved The grant forms have to be in Sacramento by October 3~d. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.7 600-50) RESOLUTION NO. 184- 02 APPROVING AGREEMENT WITH CALIFORNIA ENERGY COMMISSION FOR GRANT FUNDING (TRAFFIC SIGNAL BATTERY BACKUP SYSTEM) PUBLIC HEARING WEED AND COMBUSTIBLE REFUSE ASSESSMENT ORDER 8:01 p.m. 6.1 (540-50) Mayor Lockhart announced that this item was pulled from the agenda. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 497 PUBHC HEARING PINN BROTHERS CONSTRUCTION, INC., SILVERIA/HAIGHT/NIELSEN PROPERTIES PLANNED DEVELOPMENT PREZONING (STAGE 1 DEVELOPMENT PLAN) PA 02~024 8:01 p.m. 6.2 (450~$0) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. This is the second reading of an Ordinance which would approve a Planned Development Prezoning (Stage 1 Development Plan) for 259 multi~family and single~ family homes on approximately 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. Andrea Ehresman, Quartz Circle, stated she felt there are still the same issues as the Iron Horse Trail with this project. Is there going to be new schools built? She stated she has concerns about the development of Dublin and the diminishing open space available and the quality of life. Mayor Lockhart briefly discussed new schools, which are proposed to be built as additional homes are built in the east. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 15- 02 AMENDING THE ZONING MAP TO PREZONE PROPERTY ' AND APPROVING A RELATED STAGE I DEVELOPMENT PLAN FOR 107.7 ACRES WEST OF TASSAJARA ROAD AND AT THE iNTERSECTION OF FALLON ROAD PA 02-024 PUBLIC HEARING CITY OF DUBLIN ZONING ORDINANCE AMENDMENTS PA 02-040 8:06 p.m. 6.3 (450~20 Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. CITY COUNCIL MINUTES VOLUME 21 RE~GULAR MEETING October 1,2002 PAGE 498 This is the second reading of an Ordinance amending various Chapters of the Dublin Municipal Code (Zoning Ordinance) including Chapter 8.08 Definitions: Chapter 8.12 Zoning Districts and Permitted Use of Land; Chapter 8.3¢ Development Regulations; Chapter 8.40 Accessory Structures and Uses Regulations; Chapter 8.{34 Home Occupations Regulations; Chapter 8.7¢ 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. Mayor Lockhart explained that there was a first reading on this when the whole process was reviewed and discussed. The second reading is generally a formality. Mayor Lockhart read a statement submitted by Ki Hwang, North Lake Drive, "Even thoush my business is cate$orized as a multi-family dwellin$ and our rules ~ regulations are the same as any other home owner, we should be entitled to have opportunities as a '`business" to promote ourselves by way of temporarypromotional signs. The rexulations were slrict enoush as it was. It would hinder "businesses" to take away that priviledse (sic). It helps to promote srowgh ,g spendin~ in Dublin & brinSs in more taxpayers to our city. Eliminatin$ this privTledse (sic) will hurt our opportunity to brins people to Dublin. Every opportuni& to market our business will help." Lisa Hirschhorn, 7100 San Ramon Road, stated she is Community Director of the Springs Apartments and has been there for 10 months. They have made an obvious improvement. She requested that the Council consider amending the current signage regulations to all multi-family housing units. They can't utilize banners, flags or balloons in temporary advertising aids. Surrounding communities allow this, but Dublin does not. They should be afforded the same rights as other businesses. The City should treat them as a business, just like McDonalds, Safeway and other businesses. They help promote growth in Dublin. Mayor Lock_hart closed the public hearing. Cm. Zika stated he did not realize they were excluded. He asked if a task force could be set up to meet with apartment owners to study advertising opportunities. Cm. McCormick stated she frequently passes apartment buildings with huge "now leasing" banners all over them. What is going on with this? Ms. Harbin stated most are not in compliance and they end up getting cited. It could be that their master sign program addresses banners. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 499 Mayor Lockhart reopened the public hearing. Ms. Hirschhorn stated other communities do not follow the regulations. She feels discriminated against because of her location, close to the Chamber of Commerce. All she is asking for is the ability to temporarily put up a banner that's in good taste. She would come in with it and the City could approve it. Because she follows the rules, her apartments have a lower occupancy than any other apartment complex in Dublin. Mayor Lockhart again closed the public hearing. Cm. Sbranti stated he felt they should get the opportunity to advertise within the same guidelines as other businesses with temporary signage. Cm. Zika stated he would also like to get more information about a master sign program. Mayor Lockhart stated she felt it should be consistent and if some can and some can't do it, this doesn't seem fair. Maybe we could have some criteria. Ms. Harbin stated they could approve the Zoning Ordinance Amendments as they are now and if they want to allow banners in multi-family or areas with 10 units or more, Chapter 8.84 could be amended. It currently prohibits this, but it could be changed and allowed with zoning clearance. Mayor Lockhart stated her concern is we do this fairly for everybody. Make it as simple as possible. We see people violating this every weekend. Can we simplify this? We need to hear from people who have multi-family businesses. While it may be a business for someone who owns or manages, this is someone's home and this also needs to be taken into consideration. Cm. Oravetz made a motion to adopt the Ordinance without this section, and to get a task force of business and staff together to discuss multi-family signage. Cm. Sbranti stated he felt this is a specialized area that needs further study. Planning Manager Jeri Ram stated Staff could send out notices and go over this with property owners and then bring this issue back to the City Council. Cm. Oravetz withdrew his motion On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 500 ORDINANCE NO. 16- 02 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 MUNICIPAL CODE (ZONING ORDINANCE) PA 02-040 PUBHC HEARING - CONSIDERATION OF URGENCY MORATORIUM ORDINANCE IN SCARLETr COURT AREA 8:24 p.m. 6:4 (410~20) No Staff Report was presented. This item was continued from the September 3, 2002 Ci& Council mcedn~, at which nme thc Council directed Staff to meet with business and properly owners in the area, and to prepare an urgency orcEnance to implement Alternative 2 which would prohibit ali new uses that are currentlypermitted and conditionallypermitted in the area durin$ thc term of the moratorium, which will last at least as IonS as the Specific Plan Study, but no more than two years total. AdcStionally, the City Council directed Staff to remove "Automobile/Vehicle Storage Lot" as a prohibited use. Mayor Lockhart suggested that because we have had a considerable amount of comment on this and there is not a great deal of support on the part of the businesses for a moratorium, she would like to see an opportunity offered to allow them to move forward with their plans and table this for one year. This could be readdressed in a year to see if there are major changes that have occurred. Cm. Oravetz stated he would agree. Cm. Sbranti clarified we wouldn't do the Specific Plan for one year and there will be no moratorium. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 501 Mayor Lockhart stated we would allow them to come in as they normally would for plan approvals. Cm. Sbranti pointed out Staff has been given a lot of projects and they are currently inundated. Cm. McCormick asked if the intention is to bring this back in a year and do some planning. Mayor Lockhart replied yes, we would give them a year to do what they need to do. Cm. Sbranti stated he felt doing a Specific Plan in a year will be more compatible because we will know what the area will look like. Cm. Zika clarified that this would be all the uses currently allowed and if a use goes in and they have a 10 years lease... City Attorney Silver stated if the City Council wants to they can table this issue as it relates to the Specific Plan since it was not part of the item before the Council tonight, and direct Staff to bring back the Specific Plan for consideration and discussion by the Council, or they can formally direct Staff to not do any work. Cm. Oravetz made a motion to table this and direct Staff to not do any work on this. Mayor Lockhart opened the public hearing. Doreen Green, Amarillo Road, representing Busick and Geary, stated most of their contractors have small spaces, which they use for offices and paperwork. They come in in the morning and they have a nice quiet time during the day. Dublin should be glad to have some of these national companies. They are an asset rather than a detriment and should not be pushed away. The bogey man is still there and they will have to come back again. Everybody's in a fright mode with the economic situation. They thought they could put up a faqade in front of their building and they want to provide the wherewithal to allow these companies to exist rather than chasing them away. We can't just have a seascape of automobile dealers. They should be allowed to use the current uses rather than the suggested changes. She stated she was happy to hear the City Council is tabling this to give people time for thought. They hope to provide a better curbside view than what they've got. They would like to continue providing space for these small businesses to co exist in the City. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 502 Peter MacDonald, Main Street, Pleasanton, stated he felt this is a step in the right direction. Every use in Dublin is subject to a SDR by City Staff so there is a control if something starts to happen. In one year, hopefully they will have a consensus from everybody on what needs to be done. Peter McGaw, Walnut Creek, stated he felt the proposal is an excellent one and they support it. He was concerned about lack of engagement between Staff and property owners. He stated he hopes the Council will encourage Staff to talk to property owners as this item comes back in a year. Glen Kierstead, Regional Street, stated he applauded the decision to take this off the agenda for a year. Their mini-storage program has an expansion planned and will come forward within the next 2 months. They plan to spend some money on exposure to Dublin Boulevard and this 1,000 sq fi area. He requested clarification - the issue of FAR was brought up when they talked about this before. Outside wall to outside wall is measured and makes no mention of outside parking spaces. Mayor Lockhart clarified that what was on the agenda was consideration of an urgency ordinance. She suggested that he work with the Economic Development Director and City Attorney on this specific issue. Mayor Lockhart closed public hearing. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the City Council agreed to table the issue for a period of one year. PUBLIC HEARING AMENDMENTS TO THE SMOKING POLLUTION CONTROL ORDINANCE 8:41 p.m. 6.5 (560~90) Mayor Locldaart opened the public hearing. Administrative Analyst Jason Behrmann presented the Staff Report. This is the second reading of an Ordinance which would bring the existing provisions of Chapter 5.56 of the Dublin Municipal Code regulating smoking into conformity with recent changes in state law and which would add additional permissible restrictions on smoking in enclosed and unenclosed public places and places of employment. Specifically, the amendments would change the Ordinance as follows: CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 503 1) z) 3) 4) ~) 6) Prohibit the retailing of tobacco products or tobacco paraphernalia by means of a self-service display. Prohibit smoking in outdoor dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place. 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. Prohibit smoking in common areas of multi-family buildings including, but not limited to apartments, condominiums, retirement facilities and nursing homes. Require the posting of no-smoking signage outside a building entrance. Prohibit smoking within 25 feet of children's play areas as defined by State Law. Mayor Lockhart read a letter from Cathy Karlicek, "Ihave asthma. Thankyou foryour efforts on the Smoking Pollution Control Ordinance. It is a great beginning. I enjoy worlu'ng and shopping in Dublin where the elected officials a~e willing to take a stand to protect its citizens from the ]mown hazards of secondhand smoke and where the business owners do the same for their customers. My asthma can and does react to tobacco smoke. I have to be careful to stay away from asthma tri~gers and I need your help on this secondhand smoke issue. I am ~vriting to ask you to please include overhangs in your language for reasonable distance. While ten feet doesn't help with some buildings in Dublin, having reasonable distance from main doorways is appreciated, especially for those who have a compromised respiratory system. But when there is an overhang above the main entrance, smoke is trapped in that area. As that trapped smoke can trigger an asthma attack, I am forced to choose between breathing and shopping. That smoke forces me to take my business elsewhere. Please include overhangs in the Smoldng Pollution Control Orch'nance. As Dublin grows, i would like to see the city's leadership continue to be committed to protecting the health of all of Dublin's residents and visitors. Sincerely, Cathy Karlicek" Serena Chen, American Lung Association of the East Bay, thanked the City Council for what they have agreed to. She stated they want to reiterate that 10 feet is not enough to protect people. Karen Seals assisted her with a visualization of 10 and 15 feet. The State thought 25 feet from little children is what is needed. She double checked her statistics that 86% of Dublin residents don't smoke. Second hand smoke exposure kills more people than homicide, AIDS, suicide and drugs put together. She asked that the Council please reconsider the 15 feet. Tom Karlicek, San Ramon, stated they also have 2 daughters that suffer from asthma. Secondhand smoke is a major health concern. He discussed how smoke proliferates and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 504 has over 40 carcinogens and toxins in them with molecular weight which hang in the air. He urged the City Council to keep in mind not only the statistics from the American Lung Association, but constituents that put them in office desire a smoke free environment and to get to work without having to go through smoke and to breath free. Karen Seals, Prince Drive, thanked the City for all the work that has been done thus far, but stated she felt a couple of other things would take it from great to wonderful; include overhangs and make it 15 feet instead of 10 feet. A lot of businesses are already doing 15 feet. Cm. Sbranti asked specifically what they are requesting regarding overhangs. The response was that this is to include a covered area in the 15 feet. Cm. Oravetz asked for an example. The response was the 3~story office building on Amador Valley Boulevard, which has a covered atrium. Ms. Seals stated there are students there on the weekends for a driving school. Ted Hoffmann Jr., Dublin Bowl repeated what he said before; 15 feet could put people in a parking lot and this could put people in harms way. The atrium is a situation that the business should address. Just about every shopping center has an overhang. He requested that the Council think about the safety and liability of the business person. Mayor Lockhart stated Janice Louie, Alameda County Public Health, representing Dr. Maria Blagg was present in case there were any questions. Cm. Oravetz stated he had an opportunity to meet with the Public Health people and he thanked them for educating him. Mayor Lockhart closed the public hearing. Mayor Lockhart addressed the 15 feet in parking lot issue. Most people know how to maneuver themselves in and around parking lots. She's noticed most people don't like to smoke in their cars, but rather they hang a cigarette out the window. She stated she felt they can find a safe place to stand. She understands the issue with overhangs and would like to consider adding this. She has been interested in 25 feet from the beginning. She would like to see us go to 15 feet. She stated she would propose we change to 15 feet and add overhangs. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 505 Cm. Sbranti stated he has looked at this extensively and on page 2, "this distance shall be a rain of 15' unless the.., unsafe location. With that, we could be consistent with the County and still take safety into considerafion. He would be willing to explore this option. Most businesses do have some type of overhang. Where would you start the measurement? If you go 15 feet sideways you may be at another business. Mayor Lockhart stated the County is willing to work with specific situations and post signage. Cm. McCormick stated she felt it should be clarified. Allow businesses if it 15 feet is unsafe, this really should be determined by somebody else - health department and she would like to say county health department would look at the situation and determine if it is unsafe. Cm. Zika asked what we do in the interim. They have limited staff and resources. Mayor Lockhart stated she felt the County comes out ff there is a complaint. Cm. Zika stated he felt 10 feet is a good start and he would like to see this passed and see what happens. Mr. Behrmann clarified that the City is actually the enforcement agency for the smoking Ordinance, so it might not be appropriate to designate the Alameda County Health Department for this. It is clear in the Ordinance that reasonable distance should be established and that people aren't placed in harms way. Cm. McCormick asked in the event of a dispute, who decides. Mr. Behrmann stated the City decides. Cm. Oravetz stated he felt we have come a long way with this issue and he would like to start with this Ordinance and then take a look in 6 months to see if we need to improve it. He suggested they compromise with this Ordinance and move on. Mayor Lockhart stated she does not see this as a compromise, but as a mistake. We need to put the health and welfare of the community at the forefront and set 15 feet as a minimum, not 10 feet. She would like to include overhangs. Cm. Sbranti felt the further you make it the more difficult it becomes to enforce. He is willing to consider 15 feet and felt safeguards are written in. His concern about overhangs is this will make it more difficult to enforce. He would be more willing to CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 506 take a look at this down the line. His preference is to go to 15 feet around the main door. Mayor Lockhart stated the overhang would apply to the main entrance. They could stand sheltered around the side or back of the building. Cm. Sbranti stated he wants this to be as simple and as enforceable as possible. Mayor Lockhart stated she felt the goal is to have one entrance to a building that is smoke free. If it is too difficult, people will go somewhere else to smoke. City Attorney Silver stated to change from 10 to 15 feet or to include overhang, this would require a re~introduction of the Ordinance. The 10 feet is simple. Overhang section 5.56.070a smoking shall be prohibited.., after main entrance add "or if there is an overhang or awning over the main entrance, the 10 or 15 from the side of the overhang" Mr. Behrmann stated in some strip malls, an awning spans 5 or 6 businesses, so you would go outward in that case. He pointed out that the Ordinance gives businesses an opportunity to protect individuals from secondhand smoke. We can work with individual businesses. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, the Council reintroduced the Ordinance to change only the reasonable distance from 10 to 15 feet. Cm. Zika and Cm. Oravetz voted in opposition to the motion. CITY COUNCIL AFFIRMATiON OF PLANNING COMMISSION APPROVAL, WITH MODIFICATIONS, OF A REQUEST TO AMEND THE SITE DEVELOPMENT REVIEW FOR THE DUBLIN RANCH GOLF COURSE CLUBHOUSE AND CART BARN WITHIN DUBLIN RANCH AREA A 9:20 p.m. 7.1 (410-30) Planning Consultant Mike Porto presented the Staff Report. Modifications were made by the Applicant to the revised plans approved by the Planning Commission. A formal City Council Resolution approving the revised Site Development Review for the Dublin Ranch Golf Course Clubhouse and Cart Barn within Dublin Ranch Area A has been prepared. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 507 On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 185- 02 APPROVING THE AMENDMENT TO A PORTION OF THE SITE DEVELOPMENT REVIEW APPROVED WITH PA 00-060 AND FINAL TRACT 7135 SPECIFICALLY FOR THE GOLF COURSE CLUBHOUSE AND CART BARN LOCATED WITHIN DUBLIN RANCH AREA A TRUMARK COMPANIES GENERAL ['LAN AMENDMENT (GPA) STUDY REQUEST FOR THE 19~ACRE SOUTHERN PACIFIC RAILROAD AND ALAMEDA COUNTY PARCELS ALONG THE IRON HORSE TRAIL 9:21 p.m. 8.1 (420~30) Mayor Lockhart announced previously that this application was withdrawn. After publication of the agenda, Staff received a fax from Trumark Companies dated September 27, 2002, stating, "Due to the overwhelming concerns and issues brought forward by the neighbors, we wish to continue to a date uncertain our item on the OctoI~r 1st CiO, Council A~enda. Sincerely, Trumark Companies Garrett Hinds, ACIP, Development Executive" A second letter was received dated September 50, 200£, stating, ~Trumark wouldlike to officially withdraw our application for a General Plan Study on the railroad site. We will spend some more time with the local neighborhood and see if an application in the future would be appropriate. Sincerely, Trumark Companies Garrett Hinds, AICP, De ve lopm en t Exec u ti ve " AWARD CONTRACT FOR CITY COUNCIL CHAMBER CABLECAST SYSTEM 9:22 p.m. 8.2 (600~30/200~30) Administrative Analyst Jason Behrmann presented the Staff Report. In November, 2001, the City Council authorized Staff to issue a Request for Proposal for the installation of a cablecast system to include wall-mounted cameras, video control equipment and other audio/visual improvements for the taping and broadcasting of City Council and other public meetings. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October l, 2002 PAGE 508 Four companies responded to the RFP, and the low bid was received from VMI Inc. ($69,923). VMI has designed and installed many City Council Chamber cablecast systems in the Bay Area, including the Cities of Pleasanton, Walnut Creek, Hayward and San Francisco. After viewing the proposed system by City and CTV Staff, it was evident that while the proposed system was adequate, upgrades to several of the components would greatly enhance the quality of the system. Based largely upon the recommendations of CTV, Staff requested that VMI modify their proposal to include upgraded cameras, lenses and pan/tilt equipment. The new modified proposal increases the cost of the system by approximately $19,642, resulting in a total system cost of $89,565. Staff also requested that VMI add additional items to the proposal, based on a needs assessment of all City departments that would improve audio/visual presentations made during Council meetings. Allowing for a 10% contingency, the total cost of the presentation upgrades is $34,106. Including the presentation upgrades, the total cost of the proposed cablecast system is $120,455, which is within the Budget for the project. VMI has also submitted a proposal to provide annual maintenance and technical support for the equipment for $2,400 per year. The first year is included in the cost of the system. Maintenance costs for subsequent years will be included in the annual Budget. Mr. Behrmann explained that the project is estimated to take approximately four months to complete, or by the end of January 2003. staff anticipates that the fiber optic connection to be installed by AT&T, will be completed by the time the system is operational, allowing live broadcasts of City Council meetings. Cm. Zika noted we had set up the Regional Meeting Room this evening to accommodate an overflow crowd, and he stated it occurred that they can hear what's going on, but they can't see. Could we ask for a bid to include visual as well as audio? Mr. Behrmann stated the City has a television set and once we are live, this could be accomplished by setting up the set in the room. Cm. Sbranti asked about the reason for the cost variance, as one bid is almost 3 times the cost. Mr. Behrmann stated a lot of other companies don't have experience with Council Chambers and included equipment that isn't really required in this setting. The design and installation costs were more in the other proposals. The economy also impacts this and helped us get excellent proposals. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 509 Cm. McCormick stated her concern was that system be user friendly for the public and she was glad to see that this is built in. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted, with upgrades RESOLUTION NO. 186- 02 AWARDING CONTRACT TO VMI INC. FOR A CITY COUNCIL CHAMBER CABLECAST SYSTEM (NOT TO EXCEED $120,455) ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS 9:32 p.m. 8.3 (600-60) Community Development Director Eddie Peabody presented the Staff Report. An annual review of Development Agreements is required by State law and the City's Municipal Code. City Staff has reviewed 23 Development Agreements and concluded that the developers for the 23 projects are proceeding in good faith within the terms of the Development Agreements. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council determined that the developers have complied in good faith with the terms and provisions of the following Development Agreements and concluded the Annual Review Period for: Santa Rita Commercial Center; Opus Creekside Business Park; Villa's at Santa Rita; Summerglen; Jefferson at Dublin; Emerald Pointe; Casterson Property (Tassajara Meadows I); Dublin Ranch Area A-H; Dublin Ranch Phase I; General Motors; Koll Development; Micro Dental; Tassajara Meadows II; Dublin Ranch - Supplemental Areas F, G & H; Toll Brothers Area 4; Greenbriar Homes Communities - Phase I; SPCA; Schaefer Heights; Sybase; Emerald Glen Village Center (Waterford); Commerce One; Greenbriar Homes Communities - Phase II; Dublin Ranch Area A~ Neighborhoods A6 & A7. AUTHORIZATION TO DISTRIBUTE A I~..,QUEST FOR PROPOSAL FOR CITY WEBSITE DESIGN AND DEVELOPMENT 9:35 p.m. 8.4 (600-30) Acting City Manager Joni Pattillo presented the Staff Report. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 510 The City is seeking proposals for the design and development of an enhanced City Website. New technology and functionality can be utilized to give the City's Website a greater presence on the Internet and in serving the community. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council authorized Staff to distribute an RFP for design and development of the City's Website. OTHER BUSINESS 9:37 p.m. Acting City Manager Joni Pattillo reminded everyone of the Volunteer Recognition dinner being held at the Monarch Hotel on October 11th. We have had close to 200 people RSVP so far. Ms. Pattillo advised that there will be an open house at the Donohue Drive Fire Station on October 12th from 10 a.m. - 2 p.m. to educate people. Additional information is on the City's Website or people may call 833-6650 for information. Ms. Pattillo advised that there will be a groundbreaking for Fire Station 18 on October 14th at 1 p.m. There is also information on this on the City's Website. Cm. Oravetz reported that tomorrow, he, Cm. McCormick and Mayor Lockhart will travel to Long Beach for the annual 2ague of California Cities conference meeting. Cm. Oravetz stated he attended a LAVTA meeting last night. Ridership is down. The marketing committee is looking at some options. They will work with the Waterford Apartment Manager to get people to look at public transportation options. Cm. Zika reported that the Congestion Management Agency met this week and unanimously approved a resolution opposing Proposition 51 which would take sales tax money and move it into other things. If this passes, we are in deep trouble. The latest Caltrans survey shows that 1~580 from 1-680 to Portola in Livermore is officially at gridlock and level F and in the next 10 years, traffic is projected to increase 92%. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 51 1 Cm. Sbranti stated Senator Torlakson did two hearings on this. It is billed as a transportation bill, but it really isn't. It's opposed by a wide variety of people. Cm. Sbranti reported that the Day on the Glen liaison committee met last week and talked about the event. City staff did an excellent job. Some of the suggestions for next year include more sports activities and maybe use tennis courts and have a Little League home run derby. Cm. Sbranti stated he and Mayor Lockhart met with the ICLEI people on the Sustainable Inventory Pilot Program and a report will be coming up in January or February. Cm. Sbranti advised that the Dublin High School homecoming is this Friday night. Mayor Lockhart will be the grand marshal of their parade. Cm. McCormick stated she wanted to call attention to Channel 30 CTV who is filming candidate forums. It is beneficial for people to tune in and check the program. Cm. McCormick stated tomorrow she will Chair the Alameda County Housing Authority meeting and then will be leaving for the League of California Cities meeting. Mayor Lockhart stated she is looking forward to a couple of days of educational programs at the League Conference. Mayor Lockhart stated Cm. Sbranti is one of the co winners of a trophy that she and he received in a trivia contest held at Day on the Glen. The Council beat the Commissioners who participated. It was a close competition. They will have a trophy to display. Mayor Lockhart stated in order to answer the question for the community related to control of property being surplused by Alameda County, she requested that Staff bring back an item reporting on how we might get control and where we stand in the whole line of agencies in getting control of the property. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING October 1,2002 PAGE 51 2 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:46 p.m. ATFEST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 2 l REGULAR MEETING October l, 2002 PAGE 51 3