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HomeMy WebLinkAbout05-15-2001 Adopted CC MinutesREGULAR MEETING - May 15, 2001 A regular meeting of the Dublin City Council was held on Tuesday, May 15, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 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. 2001 ST. PATRICK'S DAY SPONSORS 7:06 p.m. 3.1 (150-70) Recreation Supervisor Paul McCreary advised that the City received $39,000 in sponsorships this year for the St. Patrick's Day Festival and Fun Run. In addition, the City received support in the form of in~kind donations of goods and services from local businesses. In recognition of their contributions, these sponsors were presented with certificates of appreciation, as well as festival t~shirts and glassware. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council formally accepted the gifts. PRESENTATION BY TRAFFIC CONSULTANT OF THE STATUS OF PHASES I & II OF THE I~580 SMART CORRIDOR PROJECT 7:10 p.m. 3.2 (1060~80) CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 200 Associate Traffic Engineer Ray Kuzbari presented the Staff Report. The I~580 Smart Corridor Project consists of upgrading the Tri~Valley Cities' signal hardware and software for the parallel corridors to I~580 to better move traffic along this transportation corridor. Phases I and II of the project are from Foothill Road in Castro Valley to the Altamont Pass in Livermore. Phase I and II project work will include installing underground fiber-optic signal interconnect cable along Dublin Boulevard between San Ramon Road and Tassajara Road for improved coordination between City traffic signals and enhanced capability for monitoring traffic flows on this busy arterial. As part of the system, advanced traffic signal controllers and traffic monitoring cameras will be installed at key intersections along Dublin Boulevard. A Traffic Operations Center (TOC) will also be established at the Civic Center and will be equipped with state~of~the~art computer hardware and software to efficiently manage traffic circulation in the City from a central location. Steve Fitzsimons from CCS presented a summary description of the project with an emphasis on the Dublin component of the work. Mayor Houston questioned where the system will be and where the system is currently in place. Bill Van Geltier replied and advised where the system is currently in place. They could turn on the east bound system at 3 sites today in the Valley. A number of interchanges could be turned on in the next year. From Las Positas/Airway should be turned on and we could have good control and manage this. Cm. Oravetz asked what would happen if they built another lane on both sides of the freeway from Greenville to Castro Valley. Steve stated it would get better in the short term, but then get worse again. Cm. Oravetz asked about the HOV lane study. Cm. Zika asked about the message board signs. Are they temporary or permanent? Steve responded they are permanent installations. They will be doing some cost estimates and will be looking at some temporary signs on Dublin Boulevard & Dougherty Road. He assured that they will comply with our sign ordinance. Vice Mayor Lockhart stated they saw some and they really work. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 201 CONSENT CALENDAR 7:42 p.m. Items 4.1 through 4.7 On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of May 1, 2001; Received (4.2 1020~40) a Status Report on City intervention in 2002 TriNValley Capacity Increase Project which may approve a permit for PG&E to expand electricity transmission facilities in the Dublin area; Approved (4.3 600~30) and authorized the Mayor to execute the Third Amendment to the City's Agreement with Meyers, Nave, Riback, Silver & Wilson for Legal Services to be effective July 1, 2001; Received (4.4 330N50) Financial Reports for the Month of April, 2001; Adopted (4.5 600-35) RESOLUTION NO. 67- 01 AWARDING CONTRACT NO. 01-06 2000-01 ANNUAL SLURRY SEAL PROGRAM TO AMERICAN ASPHALT REPAIR & RESURFACING CO., INC. ($108,510.80) Adopted (4.6 600~50) RESOLUTION NO. 68 - 01 AUTHORIZING SUBMISSION OF PROGRAM SUPPLEMENT AGREEMENT NO. 00t-M1 TO THE DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION FUNDING FOR THE DUBLIN BOULEVARD WIDENING PROJECT VILLAGE PARKWAY TO SIERRA COURT and authorized the Public Works Director to execute the Program Supplement Agreement; Approved (4.7 300~40) the Warrant Register in the amount of $1,708,123.64. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 202 Mayor Houston advised that the Council would next hear Items 8.1 and 8.2. PUBLIC HEARING ~ AMEND FEE SCHEDULE FOR DEVELOPMENT AGREEMENT ESTOPPEL CERTIFICATES 8:58 p.m. 6.1 (390~20/600~60) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this item would establish a general fee for providing estoppel certificates associated with development projects located in the Eastern Dublin Specific Plan area to any persons or entities requesting a certificate that are not actual parties to the development agreement. The recommended amount of the fee is $200 and this fee would become effective July 1, 2001. Vice Mayor Lockhart asked about the name estoppel. Ms. Silver explained that it basically stops you from arguing otherwise from the terms of an agreement. As more properties turn over, we will begin getting more of these. Cm. Oravetz asked what other cities charge for these. Mr. Peabody stated a lot of cities don't have development agreements or it is covered under other municipal fees. This just covers the processing time. Ms. Silver stated it is akin to a reconveyance of a deed of trust. 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 adopted CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 203 RESOLUTION NO. 7'1 -01 AMENDING EXHIBIT 6, PLANNING DEPARTMENT FEE SCHEDULE OF RESOLUTION NO. 96-84 ADOPTING FEES FOR CERTAIN MUNICIPAL SERVICES TO ESTABLISH A DEVELOPMENT AGREEMENT ESTOPPEL CERTIFICATE FEE CONCERNING DEVELOPMENT PROJECTS LOCATED IN THE EASTERN DUBLIN SPECIFIC PLAN AREA This item was heard immediately following the Consent Calendar. AWARD OF BID~ CONTRACT 01~037 DUBLIN PUBLIC LIBRARY (PHASE I) 7:43 p.m. 8.1 (600~35) Parks & Facilities Development Manager Henna Lichtenstein summarized the Staff Report. The Dublin Public Library includes 38,500 square feet of building and approximately 6 acres of site work. The proposed schedule for construction of the project is 14 months. In February of 2001, the City Council authorized Staff to solicit bids for the new Library. A total of 8 bids were received with the low bid of $11,058,000 being submitted by West Bay Builders. On May 2, 2001, West Bay Builders requested to withdraw their bid. Staff has concluded that the next apparent low bid of $11,852,182 from NV Heathorn is responsive. Mayor Houston asked if the Council was interested in putting this out to bid again. Cm. Zika suggested that under the current environment with energy prices going sky high and having family in the construction field, he felt if we put it out to bid, it will come in even higher. Vice Mayor Lockhart stated she felt also because of the time of year, Cm. Zika is fight. PG&E increases were in the news today. There are so many things to follow this project such as the Senior Center. Cm. McCormick stated she did not want to support any more delays. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 204 Ms. Lichtenstein stated NV Heathorn just completed the Civic Center remodel last year. Mayor Houston asked about the Public Facilities Fee and how the portion will be allocated. Mr. Ambrose stated Staff has to go back and reevaluate and determine this. It may be pretty close to a wash. We have about $2.8 million in the public facilities fund. Mayor Houston asked when this study will be done. Mr. Ambrose advised that it will start after July 1st, and will take about 4 months. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 69- 0t and CONSENTING TO WITHDRAWAL OF BID OF WEST BAY BUILDERS FOR CONTRACT 03-03 DUBLIN PUBLIC LIBRARY RESOLUTION NO. 70- 01 AWARDING CONTRACT 03-03, DUBLIN PUBLIC LIBRARY TO NV HEATHORN, INC. ($11,852,182) and authorized Staff to initiate an Update to the Public Facilities Fee Study to increase the Public Facilities Fee related to the Library, and authorized Staff to increase the General Fund contribution to the Library in the 2001 ~02 Update to the Capital Improvement Program. SAN JOSE SHARKS/SAN JOSE ARENA MANAGEMENT PROPOSAL TO CONSTRUCT AN ICE CENTER AT EMERALD GLEN PARK 7:51 p.m. 8.2 (410~20) City Manager Richard Ambrose presented the Staff Report and advised that the City had received a proposal from the San Jose Sharks/San Jose Arena Management to construct an ice center and a recreational facility at Emerald Glen Park. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 205 Mr. Ambrose discussed the proposal content, including: Project Description; Operation & Management; Business Terms; Public Benefit; and Proponent's Time Frame. Under Issues, Mr. Ambrose discussed: Emerald Glen Park Master Han; Parks & Recreation Master Plan; Public Facility Impact Fee Study; Environmental Review; Land Acquisition; Other City Recreation Facility; Financial Impacts; Project Schedule; Commercial vs. Public Use; Design Build vs. City Built Project; and Impact on Other High Priority Projects/Goals. Under Next Steps, Mr. Ambrose discussed: Exclusive Right to Negotiate Business Terms; Public Process for: Revising Emerald Glen Park Master Plan; Planning Next Municipal Facility; and Ice Center Design; Acquisition of Land; Revisions to Master Plans/Studies; and Environmental Review. The City's Parks & Community Services Commission requested that Staff present a report to the Commission describing the Sharks proposal at its meeting of April 23, 2001. The P&CS Commission unanimously voted to recommend: 1 ) that the proposed Ice Rink not be discussed as a potential venue at the Emerald Glen Park; 2) that the City allow for the development of the park to occur as planned; and 3) if the Sharks desire to have an Ice Rink in the City of Dublin that they look at other property resources or plan it for a future City park. Staff has received a number of written communications addressed to the City Council with respect to the Sharks Ice Center proposal. As of the date of publication of the agenda statement, 220 letters had been received from residents opposing the proposal and 1 letter had been received supporting the proposal. The Chamber of Commerce also submitted a letter opposing the proposal. The cost after July to purchase the land from the Alameda County Surplus Property Authority would be about $498,000 per acre. The Council Resolution establishes the escalation factor for the property. The Council talked about the timing of costs incurred for the Library and the Senior Center. Cm. Zika talked about the amount they are willing to pay and ask if they are willing to pay for the additional 4.2 acres for the parking spaces. Mr. Ambrose stated we would negotiate their share of the parking. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 206 Cm. Zika pointed out that they have an exclusive right to over 5 acres and they are paying for 1.2 acres that the building sits on. They need 371 parking spaces. Mr. Ambrose clarified that our parking standard requires this number of spaces. They would not pay any traffic impact fees. Recess 8:49 p.m. Don Gralnek, Executive Vice President and General Counsel of San Jose Sharks stated he did not expect to receive such a reception. They did not intend to create controversy. Dublin is a very lovely community and they had hoped that their proposal would have been received for public use and public benefit. This is a proposal. Many of the issues raised tonight had not been raised and would need to be fully considered by the Council. When they submitted the proposal and after working with Staff and consultants, they believed this use could be undertaken harmoniously. Certainly there are things that need to be considered. He stated he doesn't wish to put the citizens through a long laborious controversy, and felt it appropriate at this time to withdraw their proposal. Ice skating and the many uses that go on in an ice facility provide a wide range of recreation activities for many people in the community. They believe that the Dublin community is interested in hockey and they hope this will continue. They will continue to look for a site in the Tri-Valley area. Mayor Houston asked about other locations in Dublin and if the audience would support this. The audience majority informally indicated support for the San Jose Sharks at a more appropriate location. On motion of Mayor Houston, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted the withdrawal of the proposal. 20 YEARS OF CITYHOOD COMMUNITY CELEBRATION 9:03 p.m. 8.3 (150N50/110~30) Assistant to the City Manager Julie Carter presented the Staff Report and advised that the Year 2002 marks the City of Dublin's 20th year as an incorporated City. In order to commemorate this milestone anniversary, Staff is requesting that the Council appoint 2 of its members to serve on an Ad Hoc Sub~Committee to work with City Staff to develop a community celebration program. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 207 Vice Mayor Lockhart and Cm. Zika volunteered to be on the SubNCommittee. Cm. McCormick suggested that a member of the Heritage & Cultural Arts Commission be included The Council determined that the Sub~Committee should meet and then come back with a suggestion for the make up of the committee. They were given latitude. OTHER BUSINESS 9:06 p.m. Mr. Ambrose reminded everyone of the great event coming up on Saturday, May 19th from 10 a.m. to noon, the dedication of the Martin Canyon Creek trail. Cm. Zika stated he commended Mr. Gralnek from the San Jose Sharks for a class act tonight, and stated he appreciated him withdrawing his proposal. Cm. Oravetz thanked the Sharks and also the community. The Council heard them. Cm. Oravetz advised that the East Bay Division of the League of California Cities will be holding their May 17th meeting here in Dublin at the Monarch Hotel. Three Councilmembers indicated they will be attending, Cm. Oravetz, Vice Mayor Lockhart and Cm. Zika. Vice Mayor Lockhart thanked the community who absolutely overwhelmed the City. They did it in a very civil and respectful way. We have a nice addition to our community with these residents. She also thanked the Sharks. Vice Mayor Lockhart advised that she just returned from Ireland. She took a picture that was painted by Mrs. Huntsinger's Frederiksen kindergarten class and it was very well received. They gave her two pictures to carry back. The two are painted by a local Bray artist and they are scenes of their downtown area. In speaking to the people of Bray, they were interested in having a traveling exhibition for these two pictures. She would like to work with the Heritage & Cultural Arts Commission in setting up a schedule for getting CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 208 them out in the community. Frederiksen School could be the first stop. This way, we could let people in the community share. The pictures are absolutely beautiful. Vice Mayor Lockhart asked the Council if they were interested in participating in the Relay for Life this year on June 9th. It is a wonderful event. Full day and evening and there will be fireworks. She stated she will get information to everyone. A1 Chavarria is in charge of putting the teams together this year. Mayor Houston stated he got a request for a proclamation for armed forces day this Saturday. Unfortunately we didn't have enough time to prepare one, but everyone should be aware of the date. Mayor Houston reported that he received a fax from the Registrar of Voters regarding the purchase and use of a new touchscreen voting system. He requested that Staff place this on a future agenda in order for the City Council to support this effort. They have an outline that shows the costs involved and he stated he would like to see us support this. Mayor Houston stated he met with representatives of the company that is building energy plants based on information presented to the City by Frank Ruskey a couple of months ago. Pleasanton has talked about having an energy policy. We should try to convene the Tri~Valley Council and agendize this. We have the PG&E upgrade and could talk about energy and other issues. This group hasn't met in a long time, ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:17 p.m. ATrEST:C~)C~i~C~le~C~ CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING May 15, 2001 PAGE 209