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HomeMy WebLinkAbout4.01 Draft Minutes 04-03-2001 REGULAR MEETING - April 3, 2001 A regular meeting of the Dublin City Council was held on Tuesday, April 3, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:10 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PRESENTATION BY BART REGARDING OPTIONS FOR BART SERVICES FROM DUBLIN/PLEASANTON STATION TO LIVERMORE 7:11 p.m. 3.1 (1060~30) Peter W. Snyder, BART Board Member, introduced a very concise concept of the t~BART system. He emphasized that this is only a concept. As part of the BART and Alameda County Congestion Management Agency's I~580/BART to Livemore Study, BART is reviewing staging options for BART services from the Dublin/Pleasanton station to Livermore. BART General Manager Tom Margro made a presentation and reviewed the alternative route alignments and alternative technologies, such as an express bus and "t~BART", a diesel rail system similar to light rail but powered by diesel engines which provide power for electric motors. The study has just been started and should be done by Fall of this year. The consultants are looking at the different rightNof~way opportunities. The study will include staging options and preserve opportunity for future BART extension. Mr. Margro stressed the fact that what he presented is just concepts and they will need to discuss this with the City of Dublin and the City of Pleasanton. They want to seriously look at what can be done in the short term within the next 5 year horizon. They think $180 million would have them up and running in a 3~5 year timeframe. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 157 PROCLAMATION 7:31 p.m. 3.2 (610~50) Mayor Houston read and presented a proclamation declaring June, 2001 "Schleroderma Awareness Month". Schleroderma is a chronic, degenerative disorder which leads to the over production of collagen in the body's connective tissue, becoming most serious when it affects internal organs, causing severe damage and serious complications to the body's digestive, respiratory, circulatory and immune systems. PRESENTATION BY DSRSD ON RECYCLED WATER PROGRAM UPDATE 7:33 p.m. 3.3 (1000~90) Director Richard Rose gave an introduction and introduced General Manager Bob Beebe and Engineering Manager Dave Requa. Bob Beebe, General Manager, talked about the Recycled Water System. The Clean Water Revival had great value and broke the LAVWMA log jam. It is now 4 years later, and 85% useful for "Puttin on the green", used for irrigation. Slides were shown of their water recycling facilities. Mr. Rose talked about DERWA background, a Joint Powers Authority that was formed several years ago. Their mission is to provide safe, reliable and consistent supply of recycled water and to maximize amount of recycled water delivered in Dublin, San Ramon and Danville.. They requested that the City Council approve the Mayor sending a letter to the State Water Resources Control Board in support of Proposition 13 grant application for SRVRWP. Support efforts to secure federal appropriations under Water Resources Development Act of 1999. 7:47 p.m. Ron Nahas, President of DFA, requested that something be placed on the agenda for the next meeting. They are working on 3 pieces of artwork for Art in the Parks program; at Emerald Glen Park, Shannon Park and new Ted Fairfield Park. An opportunity has presented itself that they feel we should take advantage of. Sirius by Peter Volkas is CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE owned by Kemper and it has to be moved for construction of the new library. We can acquire this piece and relocate it to Shannon Park. In order to do this, because of the timing and size of the artwork, it will require a larger donation from the City than was originally planned for Shannon Park. The City Council agreed to place this on the next agenda. 7:49 p.m. David Block, 8506 Lupine, Heasanton, was present with his wife Debra and 2 sons and was here to support the rink program that is proposed. He is not representing Tri-Valley Hockey Club although he is on the Board of Directors. They have been involved with the program for 7 years. They have 7 children. This is one of the best ways to keep kids out of trouble and get them involved in sports activities. We are desperately in need of ice in this area. 7:52 p.m. Jean Wright, 7005 Mulberry Court introduced her son Bryan, and stated they also are supportive and very much in favor of the ice rink. She is also on the Tri~Valley Board. Hockey could be offered to so many more children if we had more ice time. This would be absolutely wonderful. 7:54 p.m. Natalie Simms, 7100 San Ramon Road, stated she was here regarding affordable housing. When her grandmother was 85 she had to put her in a senior citizen's home. At that age her grandmother commented she didn't want to be with a bunch of old people. A lot of us are living in different worlds. The Mayor told her that the average income in Dublin is $65,000. A lot of people aren't making this much money. If you look at the real world we need affordable housing. She pays $1,075 per month for her apartment at the Springs. We should have affordable housing and we should have senior housing. She would like to get on the committee to look at affordable housing. She has lived here for 3 years and can relate to the everyday person who doesn't earn $65,000 per year. 7:57 p.m. Hugh Goodwin, 7795 Bloomfield Terrace, and his daughter Jamie, spoke in favor of the rink program. He has only lived here for 2 years and has coached basketball at Stager Gym. Facilities here are certainly better than what he was used to in Fremont. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 159 7:59 p.m. Dani Lorta, Field Representative for Congresswoman Ellen Tauscher advised that they have office hours on Wednesday and Thursday here at the Civic Center. She gave a brief update on issues before Congress. Congresswoman Tauscher will be in town next week for the April recess and will be meeting with constituents. She supports t~BART as one of the first phases of relieving congestion in the tri~valley. Cm. Zika asked if she will help us pursue federal funding. 8:02 p.m. Frank Ruskey, 7796 Gardella Drive stated he was here to address a real problem - power in the state. It will get worse this summer. Businesses will move to other locations where they can operate. His last PG&E bill went up to $430 from $270 the month before. This affects a lot of people very much. The only way we can address this problem is to have our own power source in the City of Dublin and offer reduced rates to the people in Dublin. 23 power plants are being put in in San Diego. They are on Indian reservations. He met with the Commander of the military base in Dublin, and he is open to considering a lease to the city of property over on the base. The water district can use their water. He presented a packet for the Council's review. There has to be a long term lease agreement. 33,000 homes can be powered by a 49 megawatt plant. Any excess power we can sell off to the state. 8:07 p.m. David Bewley stated he would like the Council to articulate its position on SB 701. This bill will allow, if there is an annexation of Zone 7 territory, shall not be approved unless by a majority of voters of the entire County of Alameda. The Water Conservation District, DSRSD and Citizens for Balanced Growth agreed to support the bill. He would like to see an articulation by the City on this bill. 8:08 p.m. Steven Lim stated he opposed the ice rink at Emerald Glen Park. When he bought his house he was told this would be a park. 8:09 p.m. Mark Breazeal stated he was at the March 19th G&O meeting and he listened to some of the ideas and there doesn't seem to be very much talk about how to improve the school system in Dublin. He has been talking to real estate brokers and one recurring theme for CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 160 lower real estate values in Dublin is that the DUSD school system is not as good as Pleasanton Livermore, San Ramon and Danville. Several brokers have told him that people go elsewhere because their school systems are better. Mr. Breazeal suggested we have some kind of symporium with the other districts and ask them what they are doing different and successfully and then maybe we could do some things to bring us up to excellent par with them. He would like to see Dublin take a leadership role in the Valley. 8:12 p.m. Lt. Colonel John Randolph, who stated he lives at Camp ParkS, invited the City Council to a workshop in about 2 weeks on land issues land procedures and how the Army goes about this. Staff can let him know a date and time and they can discuss some things and get some issues resolved. It will be an informal workshop. We are only one of 40 land transactions going on in the U.S. today. With regard to power on Parks RFFA they have already had someone visit various military facilities and looked at the possibility of future power plant at this installation. This was only a fact finding trip. They toured California in about 3 days. They were at Parks RFFA for about 2 hours. The Federal Government is looking at this and a lot of things are involved in this process. They have made no commitments. 8:16 p.m. Mauri DeSilva, Persimmon Drive, stated they made their decision to come to Dublin because of Emerald Glen Park. They came down to City Hall and looked at plans and at no time did they ever see anything about ice rinks and/or gyms. He stated he is an official coach and is all for athletics but deeply opposed to putting this at this location. There was never any indication that this kind of a building would be put there. He is in opposition and hopes we will consider all issues, not just the money. This shows the wrong image to put this kind of a building in our beautiful city. 8:18 p.m. Lori Diaz, 1876:3 Crane Avenue, Castro Valley, stated her son plays ice hockey. The ice time in northern CA is very limited. The Sharks are offering to come in and help develop this now in northern California. The Sharks have redone the area in San Jose. They would be more than willing to work with what it will look like. They have to turn kids away all the time. They have to skate at 6 a.m. In southern California, every 10 miles, there is a rink. She has been involved in sports her whole life and coached. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 161 Alan Diaz also spoke in favor of the proposed ice rinks. He stated he grew up in San Leandro and he is a firefighter with the City of Fremont. He sees trends for more healthy lifestyles and we need to create facilities to accommodate these lifestyles. Entertainment venues are also going by the wayside in many areas. This would be a strong benefit to residents throughout the area. He applauded Dublin for creating a top notch facility at the theater and for working with the developers to see this come to fruition. Many years ago he enjoyed using the gym at Camp Parks, but this is no longer available. This proposal can offer a lot to Dublin and serve as a role model for cities in the area. 8:25 p.m. Richard Guarienti, 8279 Rhoda Avenu% stated he was also present at the G&O meeting and he did not hear anything about an ice hockey rink as a priority. He also supports sports. The use of Emerald Glen Park is probably not where this rink should go. A task force planned the uses for this park. He reminded those not on the Council at the time that it was probably the best run task force he has ever seen. They worked with an architect and had a lot of input from a lot of people. There were a number of buildings in the plan and there are a lot of uses grouped and it was meant to be not only a neighborhood park, but a community park for the City as a whole. Does this lend itself to a commercial enterprise moving into the park? We should be proceeding down the path with phase II and going in that direction. This decision was made without talking to people who had input to the process. The City told BMX riders to go through the same process a few weeks ago. He suggested we go through the process with the ice hockey as we have with every other facility in town. We should consider looking at other appropriate places. The task force has been led astray; 20 or 30 people worked long and hard on determining what was the most appropriate use for the park. 8::31 p.m. Vicky Washington and husband Alan live at 5170 Persimmon Drive. She stated they are not opposed to any children's games or sports but are opposed to this facility at this location. It is a beautiful park. There are a lot of hikers, people using the tennis courts and basketball courts and they are opposed to the commercial aspect of the ice rink. This is at their front door. They're waiting for some of the uses to develop that they were told were proposed. This was a sales point for them buying their home. A commercial venture will invite a lot of undesirable traffic. They want it to stay a family neighborhood park. She asked if the Council has already decided on this? Mayor Houston stated the City Manager will come back with a proposal at the May 1 ~t meeting and an analysis. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 162 Mr. Ambrose stated the target date for bringing the report is April 17th. Mayor Houston stated he will not be here on April 17th so it will have to be on May 1st. Cm. Zika stated he will not be here on May I 8:34 p.m. Casey Hildebrand spoke against the ice rink. They moved in in 1997 and last year they moved into another home in the area. They looked forward to all the growth in the park. They were not expecting an ice rink to come in. Her mother in law also lives there. They did not anticipate a commercial development in the park. 8:36 p.m. Tom Watanabe, Persimmon Drive, stated his parents in law, wife and he moved into the area last June and Pulte had a great picture of the park. Since they face the park and the fact that they don't have any buildings in this area, he loves the view. Not knowing this was in the plan when they bought, he was opposed because he would like the City to seriously consider where to put the ice rink. This was not in the original plan for the park. It will kick out a lot from the plan. He requested that the Council please take this into consideration. CLOSED SESSION At 8:38 p.m., the Council recessed to a closed session. 10. 1 Conference with Legal Counsel ~ Anticipated Litigation ~ significant exposure to litigation pursuant to Government Code Section 54956.9(b): ONE potential case. Existing Facts and Circumstances: government code Section 54956.9(b)(3)(A) . 10.2 Conference with Legal Counsel - Anticipated Litigation ~ significant exposure to litigation pursuant to Subdivision (b) of Government code Section 54956.9 ~ ONE potential case ~ Facts and Circumstances: Receipt of claims dated July 14, August 30, and October 26, 2000 from Goodland Landscape Construction, Inc., related to Emerald Glen Park, Phase One. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 163 REPORT ON CLOSED SESSION ACTION At 9:31 p.m., the Council meeting reconvened with all Councilmembers present. Mayor Houston announced that no reportable action was taken. CONSENT CALENDAR 9:31 p.m. Items 4.1 through 4.7 On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of March 19, and Regular Meeting of March 20, 2001; Received (4.2 I020~30) Report on status of Rule 20A Utility Underground Project (Dublin Boulevard from just west of Clark Avenue to Sierra Court); Authorized (4.3 600~35) Staff to advertise Contract 01~05, Shannon Community Center HVAC System, for bids; Adopted (4.4 670~40) RESOLUTION NO. 46 - 0t SUMMARILY VACATING A PUBLIC UTILITY EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENT ORIGINALLY DEDICATED ON TRACT MAP 6308 (HANSEN HILL) AFFECTING LOTS 152, 153, AND LOT C (STREETS AND HIGHWAYS CODE CHAPTER 4) RESOLUTION NO. 47 - 0t ACCEPTING A GRANT OF PUBLIC UTILITY EASEMENT, TOGETHER WITH A GRANT OF EMERGENCY VEHICLE ACCESS EASEMENT GRANTED BY THE HANSEN RANCH OWNERS ASSOCIATION ACROSS LOT C OF TRACT 6308, SUBSEQUENTLY DESCRIBED AS PARCEL A OF LOT LINE ADJUSTMENT L.-99-06 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 164 Adopted (4.5 600 ~ 60) RESOLUTION NO. 48 - 01 APPROVING FINAL MAP FOR TRACT 7075 (GREENBRIAR LAND COMPANY) RESOLUTION NO. 49 - 01 ACCEPTANCE OF PARKLAND DEDICATION IN-LIEU FEES FOR FINAL TRACT MAP 7075 (GHC INVESTMENTS, LLC) Adopted (4.6 600-30/600~50) RESOLUTION NO. 50- 0'1 APPROVING AGREEMENT WITH SCHAEFER HEIGHTS, INC. AND OPTION TO PURCHASE WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR PURCHASE OF PROPERTY TO CONSTRUCT THE EXTENSION OF DUBLIN BOULEVARD Approved (4.7 800~40) the Warrant Register in the amount of $862,290.48. PUBLIC HEARING EMERALD GLEN PARK TENNIS COURT FACILITY USE POLICY AND FEE SCHEDULE 9:31 p.m. 6.1 (920~20) Mayor Houston opened the public hearing. Parks & Community Services Director Diane Lowart presented the Staff Report and advised that this public hearing was scheduled to receive input on the Draft Facility Use Policy and Fee Schedule for the tennis courts at Emerald Glen Park. Ms. Lowart discussed in detail the information contained in the Staff Report. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 165 Cm. Zika questioned usage by private groups. He asked about the insurance requirement amount. It was reduced to $500,000. He also asked if $10 an hour will be enough to pay for the light fee. Ms. Lowart stated usage at night would add an additional $10. We are currently looking at the energy rates. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 51 - 01 ESTABLISHING FACILITY USE POLICY AND FEE SCHEDULE FOR USE OF THE EMERALD GLEN PARK TENNIS COURTS PUBLIC HEARING ADOPTION OF CABLE SYSTEM REGULATORY ORDINANCE 9:38 p.m. 6.2 (1050-30) Mayor Houston opened the public hearing. No Staff Report was presented. This is the second public hearing to receive public testimony regarding the adoption of a new Cable System Regulatory Ordinance. The Ordinance was introduced at the March 20th City Council meeting. The Franchise Agreement and Cable Ordinance grants AT&T a 10~year nonNexclusive Franchise Agreement with the City of Dublin beginning June 1, 2001. Over the life of the Franchise Agreement, Dublin will receive approximately $3 million in Franchise Fees based on 5% gross annual revenues from AT&T. In addition, the $. 50 subscriber fee will generate approximately $ 715,000 to Dublin over the 10~year Franchise Agreement. These figures assume a conservative growth rate of subscribers by 5%. Collectively, the four cities (Dublin, Pleasanton, San Ramon and Livermore) will receive a one~time grant of $1 million, and will also receive several in~kind commitments from AT&T, ranging from free outlets for public buildings, schools and libraries to providing free fiber optic insertion points for live coverage of City Council meetings. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 166 No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 3- 01 CABLE SYSTEM REGULATORY ORDINANCE (10 YEAR FRANCHISE AGREEMENT WITH AT&T BROADBAND EFFECTIVE June 1, 2001) PUBLIC HEARING TASSAJARA CREEK PHASE II ~ GREENBRIAR HOMES COMMUNITIES, INC., PLANNED DEVELOPMENT REZONE (STAGE 2 DEVELOPMENT PLAN) PA 00~03G 9:40 p.m. G.3 (450~~0) Mayor Houston opened the public hearing. Senior Planner Carol Cirelli stated this is the second reading of the Ordinance. The Applicant is requesting a Planned Development Rezone and Stage 2 Development Plan for Tassajara Creek Phase II. This project is a continuation of the Tassajara Creek Phase I project and the project involves the construction of 4G single family homes. No testimony was entered by any member of the public relative to this issue. Mayor Houston 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. 4 - 01 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED AT 5374 TASSAJARA ROAD (APN 986-0002-002-02) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A STAGE 2 DEVELOPMENT PLAN FOR PHASE II OF THE GREENBRIAR HOMES COMMUNITIES, INC., TASSAJARA CREEK RESIDENTIAL DEVELOPMENT PROJECT PA 00-036 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETtNG April 3, 2001 PAGE 167 BUILDING HEIGHTS IN THE FROPOSED TRANSIT CENTER PROJECT (ARNOLD DRIVE, I~580, IRON HORSE TRAIL AND DUBLIN BOULEVARD) AND AMENDMENTS TO RESOLUTION NO. 75~00 INITIATING A GENERAL PLAN AND SPECIFIC PLAN AMENDMENT FOR THE TRANSIT CENTER 9:41 p.m. S.1 (420~20) Community Development Director Eddie Peabody presented the Staff Report and stated Staff is requesting that the Council amend Resolution No. 75~00 which authorized a General Plan and Specific Plan Amendment Study for the 91 ~acre proposed Transit Center project site to clarify maximum height limits associated with land uses being studied adjacent to the East Dublin/pleasanton BART Station. Slides were shown and views and vistas were discussed from: I~580; Iron Horse Trail; East Dublin-pleasanton BART Station Platform; Dougherty Road Overpass; and Dublin Boulevard. Mr. Peabody stated this will be a change in policy as currently there are no buildings higher than G stories in Dublin, Livemore or Pleasanton. Options for allowable height limits for City Council consideration were discussed, along with the pros and cons of each, including: Option 1: 10 to 12 Story Height Limit Option 2: Transitional Height Limit (12 to 8 to 6 Stories) Option 3: 6 Story Height Limit In conclusion, Staff recommended that the City Council amend Resolution No. 75~00 to clarify its authorization to study land uses which does not include uses which will result in heights that exceed those described as Option 2. The Councirs action will be considered by the Planning Commission when it conducts a public hearing on the proposed General Plan and Specific Plan Amendments. Pat Cashman, Alameda County Surplus Property Authority, 1 Masonic Place, Oakland, stated he was in complete agreement with Mr. Peabody's summary. He appreciates the conclusion. It works for the 2 users contemplating building in this area; Sun MicroSystems and Oracle. He was distressed to hear that on March 6th, the City Council took a position that the transit center was a second priority. He asked that they reconsider that position and get it back on some kind of an entitlement schedule. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 168 Blair Bakr, 1 Lagoon Drive, Redwood Shores, CA stated when they first looked at Dublin one of the things that attracted them was visibility and access to BART. They feel a sense of urgency and they would like to start building as soon as possible. They have 1,100 Oracle employees who live in the East Bay. They feel fortunate to work with such cooperative staff. They will be happy to help expedite this in any way shape or form. They hope to maximize green space by using a 10 to 12 story building. Cory Wong, Sun MicroSystems Director of Real Estate in the Western United States, 901 San Antonio Road, Palo Alto, stated they are extremely excited about coming to Dublin. He has commuted to the Silicon Valley for 16 years and is a resident of the tri~valley. They chose Dublin because their employees want to work where they live. They have already done preliminary plans. They look forward to the visibility. They don't want to be overshadowed by Oracle. Andy Hires stated they also own some property here in Dublin. Having high density close to BART is important. Their property actually sits in a hole. An 8 story parking structure and a 55 foot overpass - is this what you want people to see in Dublin? He discussed a building in Pleasant Hill that is gorgeous. He also mentioned Foster City that has homes in the background and high structures in the foreground. He stated he is in favor of this. Vice Mayor Lockhart asked about options 1 and 2 and for clarification on layering and if this meets with everybody's plans. Mr. Peabody stated it would accommodate what the major developers are proposing. It is also a concept. The City Council is not approving a site plan tonight. Highest intensity would be closest to the BART station and then feather it out as you move out. Vice Mayor Lockhart concerned that we are going to have some very high~powered names in the neighborhood. She stated she doesn't want to see a situation of where one building has to be this much taller than another building. We should do it in a way that lets all the corporates coming into the area have a fair playing field. Cm. Zika pointed out we don't really know yet how high these will go and what kind of square footage we can support. We need these as a base. Cm. McCormick asked how options 1 and 2 impact our scenic corridor policies? Mr. Peabody stated Staff took a look at this and one existing problem now as you go eastbound is that the BART station and all the trains are up in the air and they impede your view. A 1 O-story building would have an impact as you travel west bound, but CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 169 there are openings proposed and differences with 10 to 6 stories. We don't feel the impacts will be significant. Vice Mayor Lockhart stated she felt 10~story with the mechanicals on top should be the maximum. She wouldn't want to see 12 stories plus. She suggested we remove the 12 and keep the 10. Cm. Oravetz commented he concurred with Vice Mayor Lockhart on option 2. This looks like a start for future meetings. He looks forward to a lot of good affordable housing options and supports the transit center. Cm. Zika agreed with Vice Mayor Lockhart. He is reluctant to go above 10 stories. He expects the companies to have some aggressive plan to have their employees use public transit and also some daycare. This is the main reason for adding higher densities. He supports option 2 at 8, 10 and 6 stories. Mayor Houston stated he felt option 1 is cleaner if you say 10 stories and have provision for mechanical equipment. Not all of the 'buildings will be 10 stories. Give Staff the ability to work with the applicants to make what works for them and for us. This would remove demarcation lines. This gives more latitude. Mr. Peabody stated this is a policy question that the City Council needs to make. There was no line that was drawn. The lines would be determined by the Planning Commission and the City Council as projects come forth. Mr. Wong said Sun would prefer option 1 with limit of 10 stories but they could live with option 2 as spelled out. Mr. Baker with Oracle seconded the comments. Mr. Cashman stated 10 stories everywhere does raise the residential areas. Mayor Houston stated he was speaking of commercial only. He felt option 1 is cleaner. Cm. Zika stated he likes option 2. Cm. Oravetz stated he could go with either one. He will go with option 1. Vice Mayor Lockhart stated she supported staff's recommendation of option 2. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 170 Cm. McCormick stated she sees this as a really important policy change not only for us but for the entire valley. She stated she believes in smart growth and the transportation plan and will support option 2. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council supported option 2, with a transitional height limit of 10 to 8 to 6 stories, and adopted RESOLUTION NO. 52 - 01 AMENDING RESOLUTION NO. 75-00 LIMITING THE SCOPE OF THE GENERAL PLAN AND SPECIFIC PLAN AMENDMENT STUDY FOR THE 91 ACRE PROPERTY OWNED BY THE ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY Mayor Houston addressed Mr. Cashman's comments about priority. Mr. Peabody stated we're recruiting and the job market is tight. REPORT REGARDING PROPOSED NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) STANDARD 1710, "ORGANIZATION AND DEPLOYMENT OF FIRE SUPPRESSION OPERATIONS, EMERGENCY MEDICAL OPERATIONS AND SPECIAL OPERATIONS TO THE PUBLIC BY CAREER FIRE DEPARTMENTS" 10:33 p.m. 8.2 (540~20) Fire Chief William McCammon presented the Staff Report and advised that the NFPA Standard 1710 is currently moving through the standards~making process. If adopted in its current form, there are elements of the standard that would have significant impacts on the City's fire protection deployment and the City's fiscal condition. NFPA 1710 would require significant changes to the staffing of engines and trucks, and the first year ongoing operational costs and first year implementation costs could equal $5,376,000. While the NFPA 1710 standard has many good references and ideas on fire ground safety, Staff does not believe the "one size fits all" approach to the adoption of response standards is prudent. The standard does not take into account built in fire protection systems or the types of structures, including the age, density, and types of uses, when establishing response and staffing standards. As 1710 moves through the process, it may change as amendments are added or changed.. If NFPA adopts this standard there is no requirement that the City adopt any of the standard; however, there is a potential that the City may be forced to implement the CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING Apdl 3, 2001 PAGE 171 standard, either by the standard finding its way into State Legislation or through Court actions that may address the standard, and rule against jurisdictions that do not meet the standard. The Alameda County Mayors Conference went on record opposing NFPA Standard 1710 at its March meeting. In addition, the Alameda County City Managers Association is working to secure legal services for the purpose of assisting the cities through the appeal process. The City of Fremont has agreed to act as lead agency. Staff believes that the best method to develop a standard of response and staffing is one that takes place locally and therefore recommended that the City Council authorize the Mayor to execute a letter opposing NFPA's standard 1710 and approve a Budget Change to authorize an additional appropriation for contract legal services totaling $2,000. The ACFD, along with the California Fire Chiefs Association and the League of California Cities is working to modify NFPA 1710 before it is finalized. The ACFD will continue to work with other fire agencies towards an accreditation model that brings a consistent locally based approach that can meet the unique needs of each community. Cm. Zika asked why they are coming off the wall with this? Chief McCammon stated looking at this from a national perspective, particularly in the east, they've seen their services degrade over the years. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council authorized the Mayor to execute a letter of opposition and authorized a Budget Change for a contribution not to exceed $2,000 to the City of Fremont for contract legal services. OTHER BUSINESS 10:36 p.m. Mr. Ambrose advised that on Saturday, April 14th, the City will be having its annual "Eggstravaganza" event at Shannon Park. Mr. Ambrose asked for direction with regard to meeting the 30 day deadline on the Sharks issue, since Mayor Houston will be gone on April 17th and Cm. Zika will be gone on May 1~t. Vice Mayor Lockhart suggested having a special meeting with this as the only agenda item. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 172 Cm. Oravetz advised that he will also miss the April 17th meeting; he will be out of town. Cm. Zika indicated he will return on May 9th. Following discussion, the Council decided to stay with the regular meeting schedule and directed Staff to put the Sharks rink proposal on the May 15th City Council agenda. Mr. Ambrose stated Staff intends to agendize the downtown plan for the April 17th meeting. There are some major policy issues coming before the Council. Mayor Houston stated Staff should go forward with whatever is on the agenda. Individual Councilmembers will unavoidably miss meetings from time to time. Cm. Zika reported that the League of California Cities is asking us to opposed SB 910. This legislation would open the door for lawsuits if the state decides we are not in compliance with our affordable housing plan. He stated he did not know the timing on this bill. The Council requested that Staff agendize this for the next Council meeting. Mr. Peabody stated there had also been amendments to this bill last Thursday night that would penalize cities by taking away part of their gas tax funds if you don't have a certified housing element by a particular time. Cm. Oravetz thanked Cm. McCormick for agreeing to cover the East Bay Division meeting for him on April 19th. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:44 p.m. A'I'TEST: City Clerk CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING April 3, 2001 PAGE 173 Mayor