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HomeMy WebLinkAbout4.01 Draft CC 09-16-2003 MinRE~6ULAR ~.~E~TING - SEPTE~MBER 16~ R0O3 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. Conference with Legal Counsel - ANTICIPATED Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (3) (C): May 17, 2003 letter from David A. and Terry M. Davis 2~' Conference with Legal Counsel - EXISTING Litigation - Government Code Section 54956.9(a) Name of Case: Kruse v. City of Dublin, et al, Alameda Superior Court No. HG03093760 3. Conference with Legal Counsel- ANTICIPATED Litigation- Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision b: ONE potential case Facts and Circumstances: Government Code Section 54956.9, subdivision b (3) (A). A regular meeting of the Dublin City Council was held on Tuesday, September 16, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:10 p.m., by Mayor Lockhart. ROLL CALL PRESENT: 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 CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 579 Mayor Lockhart advised that there was no action taken on the items discussed; however~ the Closed Session would reconvene after the regUlar meeting. PRESENTATION BY JUSTIN MINOR REGARDING THE aPEOPLE TO PEOPLE" PROGRAM 7:11 p.m. 3.1 (130-50) Wells Middle School Student Justin Minor made a presentation to the City Council, advising of his recent trip to Australia with the '~People to People" Program. During his trip he learned about the Australian government and school system. ACCEPTANCE OF GIFT TO CITY 7:15 p.m. 3.2 (150-70) Parks & Community Services Manager Paul McCreary presented the Staff Report, advising that the Green Gators Parents Committee is a group of dedicated volunteers who assist as volunteer staff and fundraisers for the Green Gat0rs Sm Team, Through their fundraising efforts, the Committee has purchased a computerized timing system for the program, at a cost of $2,700, and wishes to donate that system to the City. Mayor Lockhart presented a recognition plaque to Committee President, Sue Frantz. The plaque will be mounted on the timing system. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council accepted the gift~ and directed Staff to prepare formal acknowledgement to the Green Gators Swim Team Parents Committee. PUBHC COMMENTS 7:lgp.m. 3.3 Michelle Lernard, Barn Hollow Court, stated that she and her family have lived in Dublin for 14 years. She was here to reiterate her opposition to Hooters coming into Dublin, as it is not the type of establishment she wants in Dublin. VOLUME 22 REGULAR MEETING September 167 2003 PAGE 580 John T. Collins, Sr., Allegheny Court, reiterated his opposition to the recently adopted Ordinance regarding On-Street Oversized Vehicle Parking. He requested that the Council reconsider their decision because this law is quite possibly unconstitutional. CONSENT CALENDAR 7:23 p.m. Items 4.1 through 4.7 On motion of Cm. Zika, second~.d by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 2, 2003; Authorized (4.2 600-30) Mayor to execute agreement with Zahn Group not to exceed $89,065; Authorized (4.3 600-35) Staff to solicit bids for Contract 03-1.6; Adopted (4.4 670-40) RESOLUTION NO. 190 - 03 APPROVAL OF GRANT OF EASEMENT FOR PUBLIC UTILITY AND RIGHT-OF-WAY TO DUBLIN SAN RAMONSERVICES DIS~CT (DSRSD) FOR nRE STATION NO. 18 And Authorized the Mayor to execute the Grant of Easement; Received (4.5 330-50) Preliminary Financial Reports for the Months of July and August 2003; Approved (4.6 600-35) Change Order Nos. 10, 18 and 22 for Contract 01-12, I~ 580/Tassajara Road Interchange Improvement Project, in the total amount of $201,954.10; Approved (4.7 300-40) the Warrant Register in the amount of $2,917,768.85. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16~ 2003 PAGE 581 PUBHC HEARING WEEDS AND COMBUSTIBLE ,REFUSE ASSESSMENT ORDER 7:25 p.m. 6. I ($40~50) Mayor Lockhart opened the public hearing. Fire Marshal Theresa Johnson presented the Staff Report, advising that the City Council had declared, at its March 4, 2003 Council meeting, that there is a public nuisance created by weeds and combustible debris growing or accumulating upon the streets, sidewalks and property within the City of Dublin. The property owner was notified of the violations and ordered to abate the property. The property is located at and adjacent to the Alamo Creek in Dublin. An Abatement Notice was mailed via certified mail to the property owner. The property owner failed to complete the abatement and bids for completion of the abatement were received. The City contracted with Andy's Brush Clearing Service to complete the abatement, which was completed on July 18, 2003, and the Property Owner was billed for the cost of the abatement. The Property Owner has not paid for the invoice for the abatement and has been notified 0f the ~eand date of this hearing by certified mail. Notice of Hearing on Report and Assessment for Weed and Refuse Abatement was posted as required in Section 5.70.090 of the Municipal Code. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Vm. McCormick commented that there was a bad brushfire at Camp Parks last Saturday. This area is very combustible during fire season, and she supported the abatement. On motion of Cm. Oravetz, seconded by Vm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 191 - OS CONFIRMING THE REPORT AND ASSESSMENT LIST FOR WEED ABATEMENT AT ALAMO CREEK NEAR AMADOR VALLEY BOULEVARD APN# 941-2765~295~00 & APN# 941~2765~296~00 CITY COUNCIL MINUTES VOLLWIE 22 REGULAR MEETING September 16, 2003 PAGE 582 C1TY~S ANNUAL VOLUNTEER RECOGNITION EVENT DATE 7:29 p.m. 7.1 (610-50) Assistant to the City Manager Julie Carter presented the Staff Report, advising that on January 7, 2003, the City Council reviewed a Council Subcommittee report analyzing the past two volunteer recognition events, which were held on October 5, 2001 and October 11, 2002. The Subcommittee's report reviewed the purpose of the event, guest list, attendance, entertainment, room capacity and timing of the event. The Subcommittee recommended changing the recognition event date to February of each year in order to minimize confusion during election years and overall provide a more timely recognition of out-going Commission/Committee members. It would also provide greater recognition opportunities of the Citizen and Organization of the Year by other service groups throughout the year. Based on Council direction, Staff recommended that the last Thursday in February become the permanent Volunteer Recognition Event date. The Monarch Hotel has confirmed availability of the Grand Ball Room on Thursday, February 26, 2004. Cm. Sbranti stated that he liked the idea of a having a traditional date for the event. The Council confirmed that the Volunteer Recognition Event be held on the last Thursday in February of every year, beginning with February 26, 2004. DOWNTOWN BUSINESS ASSOCIATION FEASIBILITY STUDY 7:30 p.m. 7.2 (600-30/470-50) Economic Development Director Chris ross presented the Staff Report, advising that at its April 15, 2003, meeting the City Council retained Downtown Revitalization Consultants to conduct a study to determine the level of interest from merchants and property owners in the City's Central Business District in creating a Downtown Business Association. A workshop was held on June 11, 2003, with an invited group of approximately one dozen members of the downtown business community, including the Chamber of Commerce. During this initial meeting, the Consultant provided information on the downtown association concept and the purpose/goals/activities/funding of such an organization. A second meeting, for which 500 invitations to businesses and property owners were mailed, was held on July 31, 2003. Only 7 invitees attended that presentation. In order to elicit additional input, CITy coUNCIL MINUTES VOLLWIE 22 REGULAR MEETING September 16, 2003 PAGE 583 Mayor Lockhart also sent a letter to 150 downtown businesses and property owners asking them to complete an opinion survey on this matter, with only four responses. Staff recommends that the City Council accept the findings of the feasibility study and authorize Staff to retain Downtown Revitalization Consultants to conduct another workshop, at a cost of $2,500, with the interested downtown bus'messes and property owners to view the report findings and survey results, and discuss the possibility of establishing an Ad Hoc Downtown Committee that would be responsible for soliciting input and interest in a Downtown Association. Rick Camacho, AC Automotive Consultants, thanked the Council for taking the lead and hiring a consultant to do the feasibility study. He urged the Council to approve another meeting. If a small core group began the process, they could educate and bring other business and property owners along. It would be a positive process and will help the businesses have cohesion and direction. Mayor Lockhart stated that she had wanted to initiate this to find out if there was areal need and interest in the Downtown businesses. The feedback indicates that there is not a big demand at this time in our business community, which may be a good thing. It may be a little premature as far as the City being involved, if businesses want to get together and take the information in the report and do something with it, she would be open to hearing from them later. She suggested sending the report to the Chamber and those businesses that attended the meetings or responded to the survey. The next step should come from the business community. Vm. McCormick asked if City Staff could have a follow~up meeting with the business group that showed up to the initial meetings. Mr. Foss advised that the City could host a meeting. The remits of the study have already been transmitted to the Chamber and the meeting participants, along with a letter urging them to attend this Council meeting. Only a couple of business owners are in attendance tonight. Cm. Zika expressed agreement with Mayor Lockhart's comments. Cm. Sbranti expressed disappointment in the small number of responses, but indicated that a core of 10-15 was all it might take to get something started. There is a level of ignorance in what a downtown business association could do. Perhaps the Economic Development Director can facilitate that small core to get thing going. This goes hand- in-hand with the economic incentive package coming before Council later this year. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 584 Mayor Lockhart reiterated that staff has made a couple of good efforts already, and perhaps there just isn't a need for a business association. Vm. McCormick stated that she was not in favor of extending the consultant's contract, but was hesitant to just drop the idea. She advised that she would like to see one more try with Chris Foss at the helm. Cm. Zika stated that the businesses weren't interested. The Council briefly discussed Staff time involved, and types of communities that need this type of business association. Cm. Oravetz advised that he would not support spending more money, but would agree to have Chris Foss try one more time. Cm. Sbranti stated that that the nucleus was still them; sometimes that is all that is needed. On motion of Cm. Sbranti, seconded by Vm. McCormick, and by majority vote (Mayor Lockhart abstained), the Council accepted the report and directed Staff to meet with the core group of downtown business and property owners, and directed Staff to report back to Council in conjunction with the Economic Incentive Report. UPDATE ON C.ITY OF DUBLIN PUBLIC SAFETY MEMORIAL 7:45 p.m. 7.5 (610~20) Assistant City Manager Joni Pattillo presented the Staff Report, advising that at its March 4, 2003 meeting, the City Council directed the Public Safety Memorial Committee to move forward with a Public Safety Memorial of a freestanding pre~cast bronze sculpture comprised of four figures depicting a Firefighter, Police Officer and two children. The approved placement location of the memorial was along the west wall of the center courtyard of the Civic Center, The estimated cost of the memorial is $60,000, and the Council previously authorized the contribution of $15,000 toward the memorial with the balance of $45,000 to be raised through fundraising efforts. To-date, the Dublin Lions Club, in partnership with the Deputy Sheriffs' Association of Alameda County and the Alameda County Fire Fighters' Association, has raised approximately $15,000. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 585 Fundraising methods have been researched, and the Public Safety Memorial Committee recommends that 400 donor names could be engraved into the tops of the two existing concrete benches in the Civic Center courtyard. Each engraving would fundraise $100 with a net proceed from this proposed fundraiser of $26,000. Major donors, in excess of $1,000, would be recognized with plaques on the sides of the two benches. It is proposed that any excess amounts fundraised beyond the needed $45,000 would be used to lower the City's contribution to this project. Vm. McCormick confirmed that the $100 donor names would be engraved into the stone. Ms. Pattillo agreed. Mayor Lockhart recognized the Lions Club, Firefighters Association and the Alameda County Deputy Sheriffs' Association for their large donations. Ms. Pattillo commended the Lions Club and cm. Sbranti's effo~s. Vm. McCormick asked who was custodian of the monies fundraised? Ms. Pattillo advised that the Lions Club is the custodian, and donation checks should be made payable to the Lions Club. Cm. Sbranti recognized Lt. Glenn Moon's involvement in the project. Mayor Lockhart asked if it would be possible to do an "in memory of..." engraving. Ms. Pattillo indicated that the font size of the etching could be smaller to accommodate some extra verbiage, but there would be a size limitation. Ms. Pattillo also recognized the City Manager's valuable input into the process, as well as Parks & Facilities Development Manager Herma Lichtenstein's artistic rendition of the proposed memorial. Mr. Ambrose advised that the actual monument engraving would be reserved for those who had fallen in the line of duty. Cm. Oravetz asked if the Lions Club would do a media blitz. CITy coUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 586 Cm. Sbranti indicated yes, fundraisers, public events, and a media blitz were being planned. A pancake breakfast fundraiser will be held on Sunday, September 28, from 8:00 a.m. to 10:$0 a.m., at the Day on the Glen Festival. The Lions Club was waiting for Council direction before beginning a media blitz. On motion of Vm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the statue and placement of the Public Safety Memorial; and approved the ftmdraising activity for the concrete engravings and plaques for major donors for the two existing concrete benches located along the west wall of the center courtyard of the Civic Center. INFORMATIONAL REPORT: RECENT 3J'PROVAL OF STATE AND FEDERAL ENVIRONMENTAL PERMITS FOR THE DUBLIN RANCH PROPERTIES AND IMPLICATIONS FOR THE FUTURE 8:00 p.m. 8.1 (600-60) Community Development Director Eddie Peabody presented the Staff Report, advising that the 404 Federal Permit issued by the U.S. Army Corps of Engineers is a permit required for property where wetlands are proposed to be filled. The permit issued for the Dublin Ranch properties includes, by reference, the biological opinion prepared by the U.S. Fish and Wildlife Services, as well as the Mitigation and Monitoring Plan prepared by H.T. Harvey & Associates. The consequences of this permit have far-reaching implications on land use planning, major street improvements, future park and recreation plans, long-term water quality improvements, and drainage for the remainder of the Lins' Dublin Ranch holdings not yet developed. The impact of the 404 Permit and release of the Lin properties for development will have the following future implications: · New permanent open space and wildlife preservation areas have been created. A final decision can now be made on the location, sizes and character of the Sports Park area now designated on the General Plan, Specific Plan and Park & Recreation Master Plan. Extension of Dublin Boulevard and/or Central Parkway through the project limits to Fallon Road can be determined. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 587 · Future water quality improvements east of Fallon Road canbe detemined given the adopted plans on the Dublin Ranch properties. Martin Inderbitzen, Dublin Ranch Representative, advised that the presentation tonight was an unashamed pat on the back for Dublin Ranch and the City relating to environmental issues surrounding real estate development in Dublin. The presentation was designed to increase the awareness ~ the community about the attitude that Dublin has as it relates to environmental issues as they are affected by ongoing development growth in the community. Too often, people look at the development without having any concept of what has gone on prior to the development actually taking place. During the environmental process, they deal with not only Dublin, but also with a panoply of resource agencies who have their own set of regulations and guidelines; all of whom want to take an accounting of what happens in the process, from Dublin's approval to the actual development. Ron Duke, HT Harvey & Associates, advised that he was a specialist in endangered species and wetlands issues and has been coordinating the analysis, testing, and the design of the mitigation program for Dublin Ranch since 1089. Mr. Duke gave a PowerPoint presentation with overviews of the permit process, what has happened with impacts, endangered species recovery efforts and mitigation. He discussed in length the efforts to recover and relocate red legged frogs, tiger salamanders, burrowing owls and golden eagles. Mayor Lockhart asked if there would be an opportunity to showcase the site with a viewing area available to the public. Mr. Duke advised that trails are planned along Tassajara Creek and viewing areas will be installed for the public to view from afar. There will be no trails down next to the pond because it is a protected area. Cm. Zika congratulated H.T. Harvey & Associates for its very extensive work. Vm. McCormick stated that she was very impressed. Mr. Inderbitzen reviewed the efforts made with the golden eagle, which showed a tremendous amount of cooperation between Dublin Ranch, City Staff and other governmental agencies. The program has fledged 22 golden eagles over the years. During this effort, construction needed to stop from January to July during nesting CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16~ 2003 PAGE 588 times. He reviewed the tremendous amount of time and effort imparted during the extensive rec°very of tiger salamanderS} He advised that °nly 16 tiger Salamanders were recovered at a cost of $20~25, 000 per salamander, and emphasized the time, effort, and expense in working with resource agencies which takes years and many communications with senior level individuals in those agencies. Dublin Staff and elected officials were instntmental in helping them make those connections. He thanked the City for paying attention and understanding the importance of the issue, and extended an invitation to the Council to the visit site, Cm. Sbranti thanked Mr. Inderbitzen for the presentation and stated that it was very interesting to know the extent and magnitude of the project and preservation efforts of the endangered species. Vm. McCormick asked ff the tiger salamander project was the most extensive in the United States at this time. Mr. Duke advised that there have been no other effort of this magnitude with the tiger salamander. No one else has dug 1,000 burrows to study how and where the tiger salamanders lived. The mitigation program is not as unique, but very extensive. Vm. McCormick agreed with Mr. Inderbitzen's earlier statement that people have the perception that Dublin is developing without regard to anything. This presentation is very needed to educate the community. She suggested that the information be disseminated to the public, perhaps through the City's website. Cm. Zika asked if the created pond would attract Canadian geese and other wildlife? Mr. Duke advised that it will draw lots of wildlife. A whole suite of wetland birds will be attracted, including, perhaps, geese. Tassajara Creek will be phenomenal when fully protected. Cm. Oravetz congratulated him on an excellent job, and asked about rattlesnakes. Mr. Duke advised that he had not seen any rattlesnakes. Mayor Lockhart stated that this project proved that Dublin can have it all: homes and amenities for people and wildlife. She thanked Dublin Ranch for partnering with Dublin. CITY cOUNCIL MI~TES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 589 UPDATE ON THE STATE BUDGET FOR HSCAL YEAR 2003-2004 8:37 p.m. 8.2 (330-80) City Manager Richard Ambrose presented the Staff Report, advising that the State budget resolution was signed into law by Governor Davis on August 2, 2003. While the budget begins to tackle the $38 billion deficit, it relies heavily on one-time solutions, debt rollovers and borrowing to close the deficit; plus there will still be a remaining gap of about $8 billion in next year's budget. This means the threat to cities is not over yet. As such, since the State's problems have not been fully mitigated, cities can expect potential budget impacts in Fiscal Year 2004-2005. At this time, it appears that the City will receive approximately $456,000 less in Vehicle License Fees revenue than anticipated. The City's Fiscal Year 2003~2004 Adopted Budget included a Reserve for Economic Uncertainty in the amount of $846,531. Staff recommended that the City Council authorize the use of $456,000 from these Reserves to balance the Fiscal Year 2003-2004 City Budget. Staff plans to come back to Council with more information and/or budget adjustment recommendations, ff needed, later in this Fiscal Year. Mayor Lockhart noted that Dublin got off a little easier this year then expected. Cm. Sbranti asked how the Triple Flip program woUld impact Dublin dollar-for-dollar. Mr. Ambrose reviewed the impacts of the Triple Flip program and advised that the Triple Flip would be calculated based on Dublin's sales tax receipts. We are still collecting a ½ cent sales tax. If the Triple Flip is implemented, Dublin would lose the interest off the revenue. Apparently the State is not going to reduce the amount they keep for collection, which could cause some additional lost revenue. Cm. Oravetz asked if Dublin had $590,000 left in its rainy day funds. Mr. Ambrose clarified that is a projected amount based on what we anticipate receiving in revenue and what we anticipate spending for this year. We won't know until the end of this fiscal year what we actually have left over. Cm. Zika advised that the League of California Cities plans to put a constitutional amendment on the 2004 ballot stopping the State from seeking money from cities every time the State gets into trouble. Since municipal funds cannot be used for support, the State needs support from everybody. He advised that he would disseminate information CITY CO~iL Mi~TES VOLUME 22 REGULAR MEETING September 16~ 2003 PAGE 590 to the Councilmembers, and indicated that this information needs to get out to the voters prior to next November so they understand what the State is doing. Cm. Sbranti advised that he would like to go a step further on that issue, and indicated that the League also passed a resolution by unanimous vote at that conference asking cities to sign on. Mayor Lockhart advised that this issue is already scheduled to be agendized at a later meeting. Cm. Sbranti referred to the proposed ballot initiative, and noted that, as Cm. Zika pointed out, cities cannot directly provide funding, but there is a mechanism that they have through Action for Better Cities in the way of a voluntary paycheck reduction for city employees and council members to help fund this initiative or any initiative of the League for budget protection. Approximately 165 cities statewide have done it. He suggested that the issues be considered at a future meeting. On motion of Cm. Zika, seconded by Vm. McCormick, and by unanimous vote, the Council accepted the report and approved Budget Change in the amount of $456,000 from Reserves to balance the Fiscal Year 2003-2004 City Budget. DAY ON THE GLEN ~STIVAL 8:45 p.m. 8.3 (950-40) Recreation Supervisor Bonnie Leonard presented the Staff Report, advising that the City of Dublin is producing the 2003 Day on the Glen Festival at Emerald Glen Park on September 27th from 10 a.m. - 8 p.m., and September 28th from 10 a.m. - 5:00 p.m. This year, the Festival is focused on youth and their families. She reviewed the event components, featuring food and beverage booths, booths for community groups, commercial, and sponsors, the children's game zone, and entertainment. The City will also sponsor the 3ra Annual Skateboard Competition, as well as the l~t Annual Tennis Championships. City Staff will be hosting its 2~a "City Hall on the Glen" tent with the purpose to provide the public with an opportunity to become familiar with the services and programs provided by the City. The tent will contain information from all City departments, including brochures and handouts, as well as visual displays of City project and activities. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 591 Mayor Lockhart advised that there was a sign up sheet for the Council members to volunteer to serve at City Hall on the Glen. She asked each Council member to sign up for a time slot if they were available. ANNUAL REPORT ON THE STATUS OF THE DUBLIN GENERAL PLAN 8:58 p.m. 8.4 (420-30) Planning Manager Jeri Ram presented the Staff Report, advising that local governments are required by Government Code Section 65400(b)(1) to provide an annual report to their City Council, the State of California Office of Planning and Research and the State of California Department of Housing and Community Development regarding the status of the General Plan and progress in its implementation. Ms. Ram indicated that the City of Dublin has made significant progress in implementing the General Plan over the last fiscal year. The Annual Report is divided into the sections of the General Plan, and some of the highlights and accomplishments of the past year are noted in each chapter. Mayor Lockhart commented that the report was a wonderful testament as to how hard Staff is working, and applauded Staff for an excellent job. The Council concurred. HSCAL YEAR 2003-2004 GOALS & OBJECTIVES STATUS REPORT AND CIP SCHEDULE 9:03 p.m. 8.5 (100-80) City Manager Richard Ambrose presented the Staff Report, advising that on March 31, 2003, the City Council adopted the Goals & Objectives Program for Fiscal Year 2003- 2004. Inorder to keep the City Council abreast of Staff progress towards the objectives assigned by the City Council, Staff has prepared a bi-monthly status report for the period ending August 31, 2003. As of that date, a total of 10 of 117 objectives (9%) have been completed. With respect to high priority objectives, a total of 8 out of 95 (8%) have been completed. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 592 In June 2003, the Council approved an Update to the Capital Improvement Program (CIP) for Fiscal Year 2002-2007 and appropriated funds for Fiscal Year 2003-2004. The CIP schedule (Attachment 2) lists 48 projects that received funding in Fiscal Year 2003-2004. Two additional schedules have been included in this update, which provide more detailed information for the Downtown Improvement Implementation and Eastern Dublin Arterial Street Improvements CIPs. Vm. McCormick asked about the status of Intergovernmental Relations, Goal # 1 "Work with Alameda County Open Space Committee to Establish Open Space Acquisition Priorities," which has a March 2004 completion date. Mr. Ambrose advised that he, Mayor Lockhart and City Staff recently met with Pleasanton representatives to talk about mutual interests in open space and priorities. Dublin does not have a voting membership, but has agreements with Alameda County and Pleasanton that ensure that Dublin's interests will be represented. A subsequent meeting with Pleasanton Will ~ held~ the ~near ~r~ to ~squ~s. i~fom~fio, n ~ea~h ~ity has been gathering. An agreement will then be reached as to the process and an allocation of the money between the two areas and Pleasanton will represent that position at the Committee level. Mayor Lockhart stated that the completion date was set for March 2004 because the Altamont Landfill Committee decided not to produce a priority list this year, which was part of the mandate for the money. It was agreed that the Committee would first define exactly what criteria would be used to look at open space funding and appropriate uses for the money, and then create the priority list. Vm. McCormick referred to Community Development/Planning, Goal #7 "Develop Plans for Historical District Designation of Donlon Way Making Certain Alamilla Springs and Green Store are Included." Although it was given a High priority, it does not have an estimated completion date. This Council has talked about this area over and over, but has not done definitely planning. Businesses have been given Conditional Use Permits because we are uncertain about what will be done with the area. It is time that the Council got serious with this goal and really started developing plans. It ShOuld be put at the top of the list. The Council has been talking about developing a Historical District for four years, but has not taken any definite steps to protect the area. She indicated that the Council should take an aggressive step with the goal and designate what areas we really want to study, and suggested a moratorium for the time~being. Cm. Sbranti stated that the Council has been talking about a Historic District long before he was on the Council. Them are alre. adY designated historic sites, but there is al~ the cITy COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 593 shopping center to consider. He felt that the Alamilla Springs needed to be included, as that was where the City was really founded. The See's Candy parcel on Dublin Boulevard, between the gas station and Grand Auto, has the only heritage trees in the entire downtown area, and should also be included in the Historic District. Mayor Lockhart suggested looking at everything from Donlon Way, and the shopping center next to it, to near Regional Street to include the See's lot. The Green Family mansion used to sit where the Shell Gas Station is now. There won't .be gas stations on those comers forever, and should that use change, it would be nice to know the historic area could be extended and perhaps the old buildings brought in. Cm. Sbranti stated that the timing was appropriate because we are already doing the intersection, and modifications were going to be made to the freeway off ramps. Given that this is a High priority, it is time to set those boundaries and get serious. Cm. Zika stated that the boundary should go all the way to Regional Street to start with and see what that looks like. Mr. Ambrose asked if the Council would like Staff to bring back a report to the next Council meeting as to what would be involved in establishing the boundaries to Regional Street and a moratorium for that area? The Council agreed that a report should be presented at the October 7, 2003, Council meeting. Cm. Oravetz advised that he has always been uncomfortable with the idea of a moratorium, but agreed that it is time to move forward. The Council has been talking about this for years. Cm. Zika noted that the church has a Conditional Use Permit for 24 months, which will expire in 2004. What will we tell them then, if we don't get started on this now?. Mayor Lockhart felt that it was important to protect the heritage trees on the See's lot. Cm. Oravetz asked for the status of Community Development/Planning, Goal # 12 "Complete General Plan, Specific Plan and Planned Development District for IKEA Site." Mr. Ambrose advised that the traffic study for project had recently been completed and Staff has finalized discussions with IKEA regarding architecture. The matter is anticipated t.o go before the, Planning Commission in December 2003. The CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 594 environmental review process still needs to be wrapped up. The issue is tentatively scheduled to go before the Council in January 2004. Copies of the traffic report will be provided to the Council. Mayor Lockhart asked if, when IKEA comes back, they will have the OPUS project with them. Mr. Ambrose advised that it was being worked one, and hopefully it wouldn't hold up the project. Cm. Sbranti referred to Cultural & Leisure/Parks & Community Services, Goal # 14 "Prepare an Update to the 1994 Parks and Recreation Master Plan" and asked if that would be complete before the end of the year. Mr. Ambrose advised that Staff has been working to finalize the boundaries for the Sports Park, which is complex because of the environmental issues associated with thC East Dublin Property Owners annexation area. The Master Plan will be presented to the Parks & Community Services Commission later this month, presented to the Council in October, and finalized by the end of the year. Cm. Sbranti asked if the transportation corridor along the Iron Horse Trail would be included in the Master Plan. Mr. Ambrose advised that there are a number of options, but it hasn't been specifically identified because the Council has not designated that area for park land. Cm. Sbranti asked if the old railroad bridge along the Iron Horse Trail could be earmarked as a historical landmark, because it is the last physical feature of where the railroad went through. Would that' be looked at as part of the Park Master Plan? Mr. Ambrose advised that it would be reviewed differently. The Park & Recreation Master Plan studies the needs of the entire population and identifies standards in terms of different types of facilities needed, and to make sure there is enough acreage to accommodate the types of facilities that are needed by the current or future population. The historical value of the bridge could be looked at. Cm. Sbranti stated that there are historical, landmarks throughout the City, and it is important to take stock of those. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 595 Cm. Sbranti referred to Cultural & Leisure/Farks &C0~unity Services, Goal # 15 "Update Facility Use Agreement with Dublin unified School District," and asked about the outstanding issues. Parks & Community Services Director Diane Lowart advised that this goal has been on the list since 2000; however, the effort to revise the agreement began in 1994 with the intent of bringing the agreement up to speed with what was actually going on. Discussions with the School District have stalled over the years. Currently, the School District would like to pull all of its agreements with the City into one agreement. There is a difference of opinion as to whether or not that is the best thing to do. Mr. Ambrose advised that this issue would be a possible subject for future LiaisOn Committee meeting. Cm. Sbranti stated that the High School Committee, of which he w/Il be a part, will begin meeting next month to study what the future looks like for that facility. In the context of the Facility Use Agreement, we should make sure that we work together as the facility is renovated and redesigned. Ms. Lowart advised that the existing agreement works as it is written; however, Staff would like to bring it up4o~date. Mayor Lockhart referred to Cultural & Leisure/Parks & Comm~ity Services, Goal #7 "Develop a location and distance map of existing trails in Dublin, including trails, walkways, and parks," and asked if Staff had the new museum trail brochure which shows the whole region from Livermore to Antioch. It lists many historical trails and museums, as well as contact information. It might be something that would be interesting to include in one of our brochures. Most of the work came from the Livermore Heritage Guild. It gives families the whole concept of all of the different museums available within a short drive. Mayor Lockhart referred to Cultural & Leisure/Parks & ~mmunity Services, Goal #8 "Explore feasibility of tutoring program partnering with the School District", and asked Cm. Sbranti to advise the Council as to the status of meetings he's been involved in. Cm. Sbranti advised that the School District is involved, but the partnership is really with the Dublin library, and credited Library Staff for moving this forward. Nothing is official, but it looks like the after school program will begin at the public library as early as November or possibly January. It would be from 3~5:30 p.m. for grades $-8. It would have a paid coordinator, using student and adult volunteers. There needs to be CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 16~ 2003 PAGE 596 some type of facilitation and parmership with the School District in terms of getting resources. Cm. Oravetz asked why the program would not be available to grades 9-12. Cm. Sbranti indicated that tutoring high school students is very advanced, and the Committee felt it should start with the lower grades for now. The high school library is typically open after sChool, although hours Were cut back this year because of the budget. The target is really middle school students. The public library is not that far from Wells Middle School, especially when the trail opens. Mayor Lockhart referred to Cultural & Leisure/Heritage & Cultural Arts, Goal # 1 "Complete Freeway underpass Art at DUblin Boulevard and ~ador,Valley Boulevard," and asked if there would be any kind of stroll or party when the artwork was finished and the lighting installed. Ms. Lowart stated that Staff would, come back t0 Co,cH for party,.~ dates when the projects were complete. Mayor Lockhart referred to Fire Services, Goals # 1 & #2, and asked if it was possible for Council to have a tour of the new fire stations. Mr. Ambrose adviSed that both fire stations were very close to completion, and Staff is working with Alameda County Fire Services to plan simultaneous dedications. Ms. Pattillo advised that Staff will bring proposed dedication dates to the next Council meeting. OTHER BUSINESS Mr. Ambrose reminded the Council that there would be a Tri~Valley Council meeting on October 1, 2003. Agenda items can be forwarded to his office. Cm. Zika advised that Senate Bill 360 was introduced to delay implementation of prevailing wages for another year for affor~ble housing' and he wili be watching that closely. He attended the Business Time's gathering on Forecasting for Business in 2004. Depending on who you talked to, things are great or things are terrible. There was no consensus, but the discussion was interesting. VOLUME 22 REGULAR MEETING September 16~ 2003 PAGE 597 Vm. McCormick advised that she attend the second meeting of the Regional Cemetery Committee. They are gathering new information at every meeting, and will have some substantial information, and maybe an announcement, in the not too distant future. She also attended the first meeting of the Public Art Master Plan Committee. It went well and they accomplished several tasks. Cm. Sbranti announced that Friday, October 3rd is Homecoming at Dublin High School. The game is at 7:00 p.m., if the Council is interested in attending. Mayor Lockhart advised that she attend~ a meet~g last week as the Alternate for ACTIA, which is one of the groups that monitors Measure B projects and funding. A vote was taken to support the $1.5 million needed from the Alameda County side, and it will be matched by Contra Costa County, to work on moving the utilities from Vasco Road to ultimately straighten out the curve in the road and make the road safer. ACTIA agreed to list that as one of the new start projects that was not in the original project list. Mayor Lockhart advised that she attended a retirement reception for Fire personnel Mark Blanchard. Our Assistant City Manager Joni Pattillo was in attendance with a lovely basket of goodies for him. Mayor Lockhart encouraged everyone to attend Day on the Glen on September 27th and 28th at Emerald Glen Park. CLOSED SESSION 9:35 p.m. The Council resumed the Closed Session. Conference with Legal Counsel- ANTICIPATED Litigation- Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(C): May 17, 2003 letter from David A. and Terry M. Davis Conference with Legal Counsel - EXISTING Litigation - Government Code Section 54956.9(a) Name of Case: Kruse v. City of Dublin, et al, Alameda Superior Court No. HG03093760 VOLUME 22 REGULAR MEETING September 16~ 2003 PAGE 598 REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that no action was taken. ADJOURNMENT 11.1 There being no further business to come 'before the Council, the meeting was adjourned at 10:00 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. A~FEST: Mayor City clerk cITY COUNCIL MINqkJTES VOLUME 22 REGULAR MEETING September 16, 2003 PAGE 599