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HomeMy WebLinkAboutItem 4.01 Draft CC 12-17-2002 MinCLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION- Government Code Section 54956.9 Subdivision(a) Name of Case: Miller v. Travelers Insurance, RGW Construction, City of Dublin, Alameda Superior Court Case No. 2002056147. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION- Government Code Section 54956.9 Subdivision(a) Name of Case: City of Dublin v. Dublin Land Co., Alameda Superior Court No. V-018t00-2 3. CONFERENCE WITH LEGAL COUNSEL - ANTIClPA TED UTIGA TION- Initiation of litigation pursuant to Government Code Section 54956.9, Subdivision (c) ONE Potential Case 4. CONFERENCE WITH LEGAL COUNSEL - ANTIClPA TED LITIGATION- Significant exposure to litigation pursuant to Government Code Section 54956.9, Subdivision (b) Facts and Circumstances: Government Code Section 54956.9(b)(3)(A) ITEM ADDED TO CLOSED SESSION AGENDA Prior to going into Closed Session, Mayor Lockhart stated that the City Council received a letter dated December 17, 2002, from Katherine Hart of Crosby, Healey, Roach and May, representing Union Pacific Railroad Company, concerning Item 8.5 on tonight's agenda. Statements made in that letter regarding possible litigation call for a dosed session with the City Attorney. Therefore, pursuant to GC 54956.9, subdivision(b)(1) the Council finds there is a need to discuss the December 17, 2002 letter with the City Attorney; that the need to take such action came to the attention of the City after the agenda was posted; that it was necessary to hold a closed session tonight prior to considering Agenda Item 8.5; and that the closed session be added to the agenda as Closed Session Item 5 pursuant to Government Code section 54954.2. On motion of Mayor Lockhart, seconded by Vice Mayor McCormick, and by unanimous vote, the City Council approved the addition of Closed Session Item #5, which reads as follows: "CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision - One potential case. Existing facts and circumstances: Letter from Katherine J. Hart of Crosby, Heafey, Roach & May to Mayor Janet Lockhart and City Council dated December 17, 20022' CITY COUNCIL MINUTES VOLUME 21 December I 7~ 2002 PAGE 619 A regular meeting of the Dublin City Council was held on Tuesday, December 17 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:09 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that the Council had discussed only one of the closed session items, on which there was no reportable action. The Council will complete its closed session at the end of the regular meeting. CERTIFICATE OF RECOGNmON 7:09 p.m. 3.1 (610~50) Mayor Lockhart presented a Certificate of Recognition to community volunteer Karen Dyer who has volunteered with Friends of the Dublin Library for over 10 years and recently received the California Library Association President's Award. CITY COUNCIL MINUTES VOLUME 21 December i 7, 2002 PAGE 620 INTRODUCTION OF NEW EMPLOYEE 7:10 p.m. $.2 (700~10) Assistant City Manager Joni Pattillo introduced new employee Timothy Eisler, G.I.S. Coordinator. RECOGNIZE RETURNING RESERVIST/EMPLOYEE 7:12 p.m. 3.3 (700-10) Community Development Director Eddie Peabody welcomed back returning Air Force Reservist and Associate Planner Jonelyn Whales. Jonelyn was called to active duty after the terrorist attacks of 9/11 and has just returned after a one-year stint. Mr. Peabody then introduced Ken Wilson, National Chair, Northern Chapter, for the Employer Support for the Guard and Reserve Organization, who presented the City with the ~My Employer is a Patriot" Award for its outstanding support of their Guard and Reserve employees. Mayor Lockhart thanked Mr. Wilson for the plaque, and indicated she was especially glad to have Jonelyn back in Dublin again. PRESENTATION BY POLICE SERVICES ON THE TRAFFIC UNIT 7:15 p.m. 3.4 (590-10) Police Chief Gary Thuman presented the staff report, indicating that Dublin Police Services is organized into two divisions: Operations and Administration. The Traffic Unit is situated within the Operations Division. The Traffic Unit has the primary responsibility for enforcement of traffic laws and traffic collision investigation. Of primary concern to the Traffic Unit has been the increase of non-injury and injury accidents in recent years. In 2001, Police Services applied for and received an Office of Traffic Safety Grant in an endeavor to further police efforts to reduce both injury and non-injury accidents. Received as part of the grant were the following: 1 SMART Radar Trailer, 1 fully- equipped Harley Davidson Motorcycle, 3 handheld Talon Radar units, and 2 handheld CITY COUNCIL MINUTES VOLUME 21 December ~ 7, 2002 PAGE 62 ~ Pro~laser Radar units. The acquisition of this additional equipment has significantly aided the Traffic Unit's ability to enforce traffic laws within the City. The Council thanked Staff for the presentation. 7:25 p.m. Mayor Lockhart presented Economic Development Director Chris Foss with the Dublin Chamber of Commerce 2002 Business Partnership Award, indicating that the Chamber spoke very highly of Mr. Foss and were most grateful for his hard work toward the City's economic betterment. CONSENT CALENDAR 7:26 p.m. Items 4.1 through 4.6 On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of December 3, 2002; Adopted (4.2 600-60) RESOLUTION NO~ 228 - 02 ACCEPTANCE OF IMPROVE~MENTS FOR TRACT 6956 (DUBLIN RANCH NEIGHBORHOOD L~ I) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.3 600-35) RESOLUTION NO. 229 - 02 AWARDING CONTRACT 02 ~ 18 TRAFFIC SIGNAL BAT1ZRY BACKUP SYSTEMS TO REPUBLIC ELECTRIC Received (4.4 330-50) Preliminary Financial Reports for the Month of November 2002; CITY COUNCIL MINUTES VOLUME 21 December i 7~ 2002 PAGE 522 Adopted (4.5 300-20) RESOLUTION NO. 230 - 02 MAKING FINDINGS REGARDING UNEXPENDED DOWNTOWN TILAFFIC MITIGATION CONTRIBU~ONS FOR FISCAL YEAR 2001-2002 Approved (4.6 $00~40) the Warrant Register in the amount of $1,873,062.96. Mayor Lockhart stated that Item 8.4 would be taken out of order and heard at this time. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF DUBLIN AND EAST BAY REGIONAL PARK DISTRICT (EBRPD) FOR FUNDING CONSULTANT SERVICES TO PURSUE IMPLEMENTATION OF AN OPEN SPACE PRESERVE IN THE CITY'S WESTERN EXTENDED PLANNING AREA 7:27 p.m. 8.4 (600~40/110-30) Community Development Director Eddie Peabody presented the Staff Report and indicated that in July 2002, the City Council authorized Staff and Consultant EPS to pursue implementation of an open space preserve in the City's Western Extended Planning Area. Specifically, Staff and Consultant were directed to cooperate with the Staff of the East Bay Regional Park District in preparing an MOU that defined how the two jurisdictions could collaborate toward creating the open space preserve while at the same time completing the Regional Trail that the District has been pursing, through land acquisitions along the ridge. The City has studied this matter during the past several years, and two reports have been prepared, Open Space Preservation Ophbns for the Western Dublin Extended Planning Area (June 2000) and an Implementation Report (March 2002). The MOU would commit the City and EBRPD to study the feasibility of how the open space would be accessed and used; specifically, the location of staging areas and lateral trails providing access to the regional trail from Dublin and the potential for access and active recreation in the Martin Canyon area. The MOU also requires the City and EBRPD to pursue options for funding land acquisition and improvement and maintenance costs, including State grants and local sources. The EBRPD Board will consider this MOU at its December 18, 2002 meeting. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEET~.NG December 1 7~ 2002 PAGE ,~23 Staff recommended that the City Council adopt the resolution authorizing the Mayor to execute the MOU, to appropriate an amount of $10,000 for professional services costs incidental to completing the terms of the MOU, direct Staff to collaborate with EBRPD toward completing the requirements of the MOU, and select a City Councilmember to appear at the District meeting in support of the MOU. Ayn Wieskamp, President of the EBRPD Board, indicated that she couldn't think of anything more valuable to the community than open space and parks. It's a splendid opportunity and hoped that it would lead to more opportunities in the future. EBRPD would be as cooperative as possible, and make it happen as soon as they could. They have long waited for the trail connection that would allow Dublin residents, not only to go north to Las Trampas, but to go under the freeway to the Pleasanton Ridge. She hoped that everything would go smoothly at the EBRPD Board meeting tomorrow. Cm. McCormick stated that she was thrilled with the MOU. It was a long time coming and was a win-win for both sides, especially the residents of Dublin. On motion of Cm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 231 ~ 02 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND EAST BAY REGIONAL PARK DISTRICT and approved a Budget Change in the amount of $10,000 for professional services incidental to completing the terms of the MOU; directed Staff to collaborate with EBRPD toward completing the requirements of the MOU; and selected Mayor Lockhart to represent the City at the District Board Meeting on December 18, 2002. PUBLIC HEARING - PA 01 ~038 AMENDMENTS TO THE INCLUSIONARY ZONING REGULATIONS REGARDING CHANGES TO PRIORITIES USED IN THE SELECTION OF OCCUPANTS fOR INCLUSIONARY AFFORDABLE UNITS, THE PERCENTAGE OF HOUSEHOLD INCOME ALLOWED FOR HOUSING EXPENSE; AND LAND DEDICATION REQUIREMENTS IN IJEU OF BUILDING AFFORDABLE UNITS 7:34 p.m. 6.1 (450-20) Mayor Lock_hart opened thc public hearing. Community Development Director Eddic Peabody and Housing Specialist Julia Abdala presented thc Staff Report, indicating that on May 7, 2002, thc City Council introduced CITY COUNCIL MINU~FES VOLUME 21 December ~ 7, 2002 PAGE 624 an Ordinance amending the Inclusionary Zoning Regulations (Chapter 8.68) of the Dublin Municipal Code. Specific elements of this Ordinance included the requirement of 12.5% of any residential project to be affordable for a period of 55 years. Up to 5% of the total 12.5% of affordable units may pay an in lieu fee. If affordable units cannot be built on site, the City Council may allow land dedication, construction of required affordable units off site and the possible waiver of requirements and approval of alternative methods of compliance. The City Council will consider three proposed changes to the Inclusionary Zoning Ordinance: 1. A financial change in the required household income necessary to qualify for Inclusionary units (Section 8.68.020A). Staff researched the prevailing percentage of required household income necessary to qualify for new Inclusionary housing, and recommend the section be amended to read, "Owner-occupied units are deemed affordable units if the sales price results in housing expenses that do not exceed 35% of income level for very- low, low, and moderate-income households, adjusted for household size and as defined below." 2. A change in the priorities of various affordable housing groups I the selection of new Inclusionary units as recommended by the City's Housing Task Force (Section 8.68.050D). The Housing Task Force unanimously recommended that priority be given for individuals employed within the boundaries of Dublin, residents of Dublin, seniors, and permanently disabled individuals. Each of these categories would receive a given point or number of points. A given household may belong to more than one category in which case, the number of points would be the total of points for all the categories to which they belong. $. At the request of the City Council in May 2002, a specific new Land Dedication requirement in lieu of building affordable units that can occur when the City Council determines that this option should be taken (Section 8.68.040C, new subsection $). Staff prepared three options for Council consideration: Option 1 - Land Dedication based on size of lots in the subdivision. CITY COUNCIL MINUTES VOLUME 21 R~GCLAR Decembet' 1 7, 2002 PAGE 62 5 Option 2 - Land Dedication to build all required Inclusionary units on multi~ family zoned land. Option $ - Land Dedication based on size of lots in the subdivision and the difference between market rate (1,200 square foot unit) and comparable affordable unit of the same size. Staff believed that Option $ had the best land dedication solution, as it more closely relates the land needed to build required affordable units and recovers some of the difference of the cost between market and affordable unit costs for the units that could have been built by the developer on site. Only one developer at the Housing Committee meetings complained that Option 3 was too expensive. Cm. Sbranti asked about Option 1 and 3, in which the Staff advised that a dedication of 1.37 acres or .68 acres would be too small. How can that be true with the new 50~unit senior housing project being built on 1/z acre? Mr. Peabody indicated that they are very different projects because the senior projects are very specialized that deal with just one element. The chances are pretty good that those units are affordable that are built are going to be for either very low or low income. Whereas, in a regular subdivision, where the requirement is to build 5 or 10 units of moderate, or 5 or ten units of very low or low, it is a situation very isolated unto itself. In order to make it happen, it either has to be consolidated into a larger project or it needs more land to actually build the units. The senior project on Amador Valley Boulevard is at a very high density because it is on such a small site, and senior projects are generally located in multi-story buildings with parking underground. Whereas, in moderate and very low situations elsewhere in the community, it may very well be much lower density projects that are built. Mayor Lockhart referred to Option $ with the larger acreage and asked if there would be enough space with a scenario like this to include a mixed use project, such as senior housing with shopping around it? Mr. Peabody indicated that it could work with a combination of market rate, as well as affordable. Mayor lx)ckhart referred to the proposed point system and recalled that the Council had previously prioritized people in community that the Council had a special interest in encouraging as residents. Public service employees, such as teachers, police officers and fire firefighters, had been included on the priority list at that time. Why are they not on the suggested list now? CITY COUNCIL MINUTES VOLUME 21 Decembet' t7, 2002 PAGE 526 Ms. Abdala indicated that Task Force worked with a previous priority list, which included a category for workers in Dublin, but not a specific category for the type of workers in Dublin. The Task Force attempted to simplify point system. The only change the Task Force made was to eliminate families with children, only because families with children are being accommodated when you select the household size that would pertain to each unit. Mayor Lockhart asked if were legal to consider adding one more category with a point for public service employees in our community? Mr. Peabody indicated that the issue had been discussed with the City Attorney's office, and it is possible for the Council to add another category with a point system. It is not a significant change that needs to be referred back to the Planning Commission. Mayor Lockhart indicated that adding public service employees to the priority list would make a statement to the community that these are people who are important to have in our community. Cm. Oravetz concurred. Cm. Sbranti indicated that Housing Task Force's intent was to simplify the whole process. Mr. Peabody referred back to the Staff Report and reminded the Council that the land dedication proposal is something that only Council can decide upon. It's an alternative that the Council can use; the main objective is to get units built. This land dedication amendment would probably only work in certain situations, such as very high priced subdivisions. Cm. Sbranti asked, theoretically, if a 200 lot subdivision with 15 required affordable units, if there were a land dedication, would it have to follow the 50~$0~20 formula? Or would we be able to do senior housing, moderate or low income housing with that dedicated land? Mr. Peabody indicated that there is a provision in the Inclusionary Zoning Ordinance that allows the Council to make changes to, with compelling reasons, that particular requirement. There is flexibility. Mayor Lockhart asked at what instance would the point system be used? CITY COUNCIL MINUTES VOLUME 2 ! December t 7, 2002 PAGE 62 7 Ms. Abdala indicated that there would be an effort to give priority to certain categories of lower income households. If there were an overwhelming demand, then the applicants would be prioritized. Kasie Hildenbrand, Westwood Court, as a member of the Housing Task Force, reviewed the reasoning behind the simplification of the priority list. The Task Force wanted to incorporate all of Dublin's workforce into one category. Mayor Lockhart closed the public hearing. Mayor Lockhart reiterated that she would like non~resident public service employees who work in Dublin, but not a resident, to get one more point. Mr. Ambrose clarified that the additional category would be that a public service employee who worked in the City of Dublin would receive one extra point. So, the public service employee would receive 13 points for working within Dublin, and additional 1 point for being a public service employee, for a total of 4 points. It is important to clarify that the public service employee must work in Dublin. Cm. Zika summarized the proposed point system as follows: 13 pts Employed in Dublin $ pts Dublin Resident 1 pt Senior Citizen 1 pt Disabled Citizen 1 pt Public Services Employee working in Dublin The Council concurred. Council discussed and agreed to Staff's income qualification recommendation. Council discussed Option 13 with the caveat that fee would be periodically increased based on cost of land. Cm. Zika made a motion to waive the reading and introduce the Ordinance as recommended by Staff with the following changes: 1) add additional point for public service employees who work in Dublin, 2) adopt Land Dedication Option 13 with a caveat to include this fee to be updated when other fees are updated based on the cost of land. CITY COUNCIL MINUTES VOLUME 21 ?~']U~ A'~;? December ~ 7, 2002 PAGE 628 Cm. Sbranti seconded the motion for discussion, and asked to review Options 1 and :3 since Option 2 was too small of a dedication to do much of anything. He understood that the more acreage dedicated, the more potential. However, although we want the units built, but there should be a balance between wanting units built, wanting to get some money, and wanting to get some land. Potentially looking at smaller land dedication may entice some developers to donate more land so the City could explore its own developments. The biggest obstacle to a lot of these types of development for the City is the cost of the land. Mayor Lockhart expressed concern about smaller land dedication and nothing to make it happen, so it would be up to taxpayer dollars to get a project going. That seems like an extra burden on the City and residents. It probably won't happen a lot, but what if a developer planned to build $2 million homes around a golf course, but doesn't want affordable housing in the area? It would be to the developer's advantage to donate land somewhere else to meet their commitment. She hasn't heard an outpouring from developers that this plan wouldn't work, and didn't think it was unreasonable to put the responsibility for helping to provide affordable housing on the back of those benefiting from development in the community. She recommended sticking with Option $. Cm. Zika stated that so much more could be done, and it could look so much nicer, with Option 13. Cm. Oravetz felt Option 13 would get more bang for the buck. Cm. Sbranti indicated that he could support Option 13, but had raised the question in the interest of discussion. Cm. McCormick supported Option 3. On motion of Cm. Zika, seconded by Cm. Sbranti and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance as recommended by Staff with changes to Chapter $.65 of the Dublin Municipal Code related to household income, affordable household priorities, with the addition of a category for public service employees working in Dublin, and land dedication requirements using Option 3 with a caveat to update fees as other fees are updated. CITY COUNCIL MINUTES VOLUME 21 December 1 7, 2002 PAGE 629 HISTORIC UNDERPASS MURAL - AMADOR VAI,LEY BOULEVARD DESIGN 8:14 p.m. 7.1 (600-30) Heritage & Cultural Arts Supervisor Teresa Yvonne presented the Staff Report and advised that in 2000-2001 the City Council identified the funding of a Freeway Underpass Art Project as a high priority goal. The freeway underpasses selected for the project included the underpass at Dublin Boulevard and the underpass at Amador Valley Boulevard. The first phase of the project, design and painting of the Dublin Boulevard underpass, will be completed by February 2003. The design phase of the Amador Valley Boulevard Underpass mural follows a similar base concept as the Dublin Boulevard mural with depicts from past and present Dublin. Once the design is approved by the Council, it must be submitted to the Caltrans Art Review Committee for approval. Upon approval by the Caltrans Art Review Committee, the application will then be made for Caltrans encroachment permits. Best~case scenario would allow the artists to begin wall preparation and painting in February 2003. Lynn Baer, Dublin Fine Arts Foundation, introduced artists John Wehrle, John Fugh and Daniel Galvez, who described the proposed artwork on the Amador Valley Boulevard underpass mural. The scenes, both present and past, were derived from historical photos provided to them. Cm. Sbranti noticed in recent Heritage & Cultural Arts Commission minutes, that Karen Nealon suggested that the soccer players in the new mural have green and white uniforms, which are the Dublin colors. Will that be implemented? The Artist Team indicated yes, that suggestion was noted and will be implemented. Cm. Oravetz suggested that the mural show a Dublin soccer uniform playing against a Dublin High School uniform? He noted that in real life these two teams would not play against each other. The Artists indicated yes, and noted that they have also used local residents as models for the mural. Cm. Sbranti asked if the other kids clothing could reflect locality, such as a Dublin High School t-shirt. CITY COUNCIL MINUTES VOLUME 2 I ~EGLSLA?. ;~,4EET!NG December ~ 7, 2002 PAGE 630 The Council agreed with the suggestion and felt that a DHS t~shirt on a skatebOarder would be appropriate. On motion of Cm. McCormick, seconded by Cm. Sbranti and by unanimous vote, the Council approved the art design including Council suggestions, and directed Staff to submit the design to Caltrans for approval. MODIFICATION NO. 3 TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) LICENSE AGREEMENT OF 1987 TO ADD ALAMO CREEK SEGMENT ADJACENT TO PARK SIERRA APARTMENTS 8:28 p.m. 8.1 (600-40) Public Works Director Lee Thompson presented the Staff Report and indicated that in 1987 the City of Dublin entered into a License Agreement with Zone 7 that allows public use of Zone 7 property along the bank of Alamo Creek and adjacent to Alamo Creek Park for recreational use. This License allowed the City to construct and operate a multi-use trail for bicycles and pedestrians. The License was subsequently modified in 1995 and 2000 via Modification Nos. 1 and 2 to include segments of Alamo Canal, Line J~6, South San Ramon Creek~ and Tassajara Creek. Modification No. 3 would add the segment of Alamo Creek adjacent to Park Sierra Apartments to the various creek parcels governed by the original License Agreement and subsequent modifications. Modification No. 3 is necessary to assure the public's unobstructed access to the multi-use trail, and to transfer the maintenance obligation and liability for the multi-use trail to the City. In the future, the maintenance obligation and liability for the Iron Horse Trail will be transferred to East Bay Regional Park District via a Sublicense Agreement. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 232 -02 APPROVING MODIFICATION NO. ~ TO THE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN (CITY) AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONvIXOL AND WATER CONSERVATION DISTRICT REGARDING THE ADDITION OF A CHANNEL PROPERTY TO TI-IE LICENSE CITY COUNCIL MINUT£S VOLUME 21 REGULAR ,)AEETING December t 7, 2002 PAGE ~$31 2003 ST. PATRICK'S DAY FESTIVAL ART"WORK AND ROAD CLOSURES 8:29 p.m. 8.2 (950-40) Parks and Community Services Manager Paul McCreary presented the Staff Report, indicated that the 20th Annual St. Patrick's Day Celebration is scheduled for the weekend of March 15-16, 2003, and advised the Council of the proposed festival location, as well as parade and fun run routes. Staff also proposed three different concepts for poster artwork and requested the Council to select its preferred concept. The Council discussed each option and concurred that the young Irish dancers were a constant in our community and best represented the spirit of the festival. Mr. McCreary indicated that the concept would be translated from the photograph to a watercolor painting for the poster. On motion of Mayor Lockhart, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 233 - 02 AUTHORIZING TEMPORARY STREET CLOSURES FOR 2003 ST. PATRICK'S DAY FESTIVAL, PARADE AND SHAMROCK 5K FUN RUN & WALK and selected Attachment 2, Sketch 2 for the poster. CLASSIC AFFAIR AT THE CIVIC 8:38 p.m. 8.3 (950-40) Parks and Community Services Manager Paul McCreary presented the Staff Report and advised that the Classic Affair at the Civic was a cultural arts event designed to showcase local artists and give the City of Dublin a more formal special event. The event was first held in June 2001 and then again in June 2002. Neither event reached the attendance goals set out by Staff, which resulted in City subsidizing the event. As such, Staff is recommending several changes in regards to date/time, location/layout, entertainment, food, art exhibition, promotions, and the possibility of designating the event as a fundraising effort to benefit a City program or facility. Both the Heritage & Cultural Arts and the Parks & Community Services Commissions agreed with Staff's recommendations. CITY COUNCIL MINUTES VOLUME 21 'FT:G U'~,~, R ........... T,~ December ] 7, 2002 PAGE 632 Based on comments made by the Commissions regarding designating the event as a fundraiser, Staff suggests partnering with the Dublin Senior Center Foundation for the event. The Foundation has been fundraising for many years for the City's new Senior Center and seniors are one of the target audiences for this event. Cm. Oravetz asked how much the tickets cost last year? Mr. McCreary indicated $35 each. Mayor Lockhart asked if this event would be revisited next year for reconsideration? Mr. McCreary indicated yes. Cm. Sbranti asked if ticket price was a problem? Mr. McCreary indicated it didn't seem so. Mayor Lockhart indicated that the event was cold in the courtyard and the timing was bad. There were too many other things going on at that time. Cm. McCormick asked if Staff had preliminary discussions with the Senior Foundation? Mr. McCreary indicated no, but if they were not interested, there were other associations that would be willing to participate. Cm. Oravetz commented about timing and noted that Mother's Day weekend might be a good time. John Johnson, Newcastle Lane, clarified that the subsidized dollar amount depended on how many tickets were sold? The Mayor agreed, and indicated that the Council hoped to make some adjustments and make the event a little more inviting to the community so the City would not have to subsidize it. On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council directed Staff to move forward with the proposed changes. As noted, Item 8.4 was heard earlier in the evening. CITY COUNCIL MINUTES VOLUME 21 December 1 7, 2002 PAGE 6B3 FUTURE GENERAL PLAN LAND USE DESIGNATION FOR THE 19~ACRE UNION PACIFIC RAILROAD AND ALAMEDA COUNTY PARCELS ALONG THE IRON HORSE TRAIL AND PROCEDURE FOR GENERAL PLAN AMENDMENTS 8:45 p.m. 8.5 (420-30) At the October 1, 2002, City Council meeting an item had been placed on the agenda by Trumark Companies, requesting the Council to authorize Staff to begin work on a General Plan Amendment Study to enable residential uses to develop on the 19-acre site owned by Alameda County and Union Pacific Railroad (not Southern Pacific Railroad as previously stated) and currently zoned as a transportation corridor. Prior to the Council hearing, Trumark Companies withdrew its application; however, during the meeting's public comment period, testimony was received from various citizens regarding the future use of the transportation corridor adjacent to the Iron Horse Trail, north of Amador Valley Boulevard. The City has continued to receive questions from surrounding citizens regarding the development process and how land use changes could occur on the 19~acre site. Due to the inquiries from the public regarding this site, ktaff placed this item on the agenda to review and consider various aspects of the site, including the ownership of the 19~acre site, current land use designation, how land uses can be changed. Mr. Peabody noted that a letter was sent to Alameda County in September 2002 regarding legal requirements related to the sale of County property because there was an interest at that particular time to sell the property to a private entity rather than retaining ownership by Alameda County. No response has been received to~date. The site is currently zoned Transportation Corridor and any change from this designation would require a General Plan Amendment to be approved by the Planning Commission and the City Council. The City Council must initiate a General Plan Amendment Study for any changes from one General Plan designation to another. Requests to initiate a GPA Study may be made by an applicant or may be made by the City Council itself. At the conclusion of a GPA Study, public hearings are held by the Planning Commission and City Council. Although there are no General Plan Amendments currently on file with the City, there are two public uses which may be considered for the 10-acre site if a General Plan change does occur: 1) the possible location of a future recycled water pipeline for DERWA's San Ramon Valley Project; or 2) designation of the site as possible recreation or open space use in conjunction with the Iron Horse Trail, which is being discussed in the Park Master Plan review. CITY COUNCIL MINUTES VOLUME 21 R.3~G U LAR ?~,5~ETING December ] 7, 2002 PAGE 634 All uses being discussed at present for this site are public uses. Staff recommended that the City Council discuss this matter and issue a statement that any future General Plan Amendment should be for public use only. Kate Hart, an attorney with Crosby, Heafey, Roach & May and representing Union Pacific Railroad, referred to a letter which had been submitted to the Council earlier today, and indicated that Union Pacific objects mainly to the issuance of a statement by the Council because they believe it amounts to a defacto General Plan Amendment. If the Council issues a statement saying that you can't do a study for any other use than a public use, there is no distinction. In addition, Union Pacific felt that a General Plan Amendment would not be appropriate at this time because there has been no CEQA discussion and no compliance with the normal procedures for General Plan Amendment. Also, Union Pacific did not receive any notification of tonight's agenda item. The lack of notification was surely a mistake; however, they are requesting notification in the future. Steve Westlund, representing the Heritage Commons HOA, thanked the Council for responding to the issue and agendizing it for tonight. The HOA urged the Council to use every effort to keep land open space, as it is enjoyed by many people in the neighborhood, as well as the surrounding area. To develop the property would have a negative impact on the City. Laura Moore, representing many residents of Dublin Hills Estates and surrounding areas, encouraged the Council to issue a statement that it would not authorize a General Plan Amendment Study for the development of the area. She re-stated their request to have the land rezoned as open space. She submitted a petition with over 200 new signatures. Combined with the old petition, there were over 450 signatures. She also pointed out that the neighbors received little notification for meeting tonight's. Most of the neighborhood heard via word of mouth. She pointed out that many of the people present, were in support of open space in that area, and asked all those present in support to stand. Larry Kalua, Newcastle Lane, indicated that the wildlife needed a place to live and urged the Council to leave the property as it is. John Johnson, Newcastle Lane, commented that it is already a defacto park and encouraged the Council to leave it the same. The traffic impacts would be too great around the schools. City Manager Richard Ambrose noted that a letter from John Fenstermacher, Alameda County Real Estate Division, was received today, indicating that they were unaware of the proposed action by the City and respectfully requested that the Council continue this CITY COUNCIL MINUTES VOLUME Z 1 December ~ 7, 2002 PAGE 635 action to allow the County sufficient time to assess the economic impacts of the City's proposed action on the County's property and its future use. Mayor Lockhart noted that she did have chance to read the email from Union Pacific and analyze the comments from her personal point of view. She made the following statement to the Council: "It is up to the Council to decide whether or not it wants to change any of the land uses in its general plan. That is Council's decision. In Dublin, the process begins with the Council taking action to authorize the Staff to do a study of a possible General Plan Amendment. At our October 1 st meeting, we had a request for such a study for the property in question from Trumark Companies. We did not consider that request that evening, however, because Trumark withdrew its application. They did not continue it, they withdrew it; therefore, Council did not discuss a General Plan Amendment. There have been no other requests to Staff since October from the property owners or Trumark Companies to initiate a General Plan Amendment Study for this property. Since the October meeting, residents of the community have asked me about the land uses for this property. I asked the City Manager to put this item on the agenda tonight so the community would understand the process that is required to change any land uses in our general plan. I think that the Staff Report describes the process for any such changes. I think it is important for the public to understand what we are NOT doing tonight. We are not considering a General Plan Amendment tonight. We are not authorizing Staff to do a General Plan Amendment Study for this property. What Staff has recommended is that the Council indicate that it will not consider a General Plan Amendment Study for this property for any uses other than public uses. I, for one, do not wish to see any land use changes for this property at this time. If and when Staff receives another application for a General Plan Amendment Study for this property, the Council will consider that application just as it considers all other such requests. I will look at it with an open mind and if, at that time, I believe a study should be conducted, I would want Staff to look at all possible uses of the property, including public uses." Mayor Lockhart reiterated that this was her own personal opinion. For some reason, this has gotten blown out of proportion. If a study takes place in the future, it would definitely need to consider public uses. Cm. McCormick thanked the Mayor for her comments and for clarifying what the Council was trying to do tonight. She stated that she agreed with most of the Mayor's comments, and has also looked at Staff's recommendation that Council issue a statement. However, she would like the Council to consider something else, and move this issue forward. She asked the Council to consider putting this issue on a future agenda to CITY COUNCIL MINUTES VOLUME 21 December ~ 7, 2002 PAGE 636 consider a General Plan Amendment Study for the 19 acres for public uses. We need to step up and do this, and she was asking .for Council support. Cm. Zika seconded the motion. On motion of Cm. McCormick, second by Cm. Zika with a unanimous vote the Council directed Staff to place a request to initiate a General Plan Amendment Study for the 10- acre site for public uses only on a future agenda for Council consideration, following the CEQA process and the required public and property owner notification. Cm. Sbranti commented that there was one other public use that the residents asked Council to consider, which was to declare the old railroad bridge as a historical monument. RECESS At 9:10 p.m., Mayor Lockhart called for a short recess. The Council meeting reconvened at 9:15 p.m, with all Councilmembers present. E-COMMERCE PROJECT 9:15 p.m. 8.6 (350-20) Assistant City Manager Joni Pattillo presented the Staff Report and indicated that the City Council adopted a high priority goal to investigate the feasibility of implementing an e- commerce project for citizen use of City services. This would allow citizens to do business with the City from their home or office and at their convenience. Residents would be able to use the Internet to register for recreational classes and programs and pay for other City services. An E-Commerce Task Force made up from various City employees completed a feasibility study and developed a project plan and time for Council consideration. Class Software Solutions will be raising prices by 17% on January 1, 2003; therefore, Staff recommends that the Council waive the competitive bid process and authorize the issuance of a purchase order for e-commerce and point of sale software, including project planning, installation and training, at a price not to exceed $29,655. CITY COUNCIL MINUTES VOLUME 21 December '~ 7, 2002 ~ :~G~_ 637 Cm. Sbranti commented that the report was very thorough and complimented Staff. This is a very valuable service to our residents. Ms. Pattillo recognized the work efforts of the Task Force, which was comprised of Parks & Community Services Director Diane Lowart, Administrative Services Director Carole Perry, Finance Manager Fred Marsh, Information Systems Manager Steve Pappa, and especially Parks & Community Services Manager Paul McCreary. The Task Force wanted no one left behind on this service, which is why the proposed kiosk was part of the E~ Commerce project. The Council complimented Staff for thinking of everyone. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 234 - 02 AUTHORIZING WAIVER OF COMPETITIVE BID AND AUTHORIZING ISSUANCE OF PURCHASE ORDER FOR E-CObv{MERCE AND POINT OF SALE SOFTWARE FROM CLASS SOFTWARE SOLUTIONS OTHER BUSINESS 9:20 p.m. City Manager Richard Ambrose noted that the Th~Valley Council meeting date last identified did not work out, and asked the Council if February 20th was available. Cm. Oravetz indicated that the League's East Bay Division meeting was the same night, and Dublin was the host. After discussion, the Cotmcil set the new tentative date for the Tri~Valley Council meeting for February 27 starting at 7 p.m. The business portion of meeting would be held first and dinner would be served at 7:30 p.m. The Council would submit agenda items to Fawn Holman, Deputy City Clerk. Cm. Oravetz wished everyone a happy holiday. Cm. Zika distributed copies of the "State of Transportation in Alameda County" and "Service Monitoring for Alameda County" regarding traffic congestion. Unfortunately, CITY COUNCIL MINUTES VOLUME 21 December 1 7~ 2002 PAGE 638 Alameda County and the Valley have 2 of the top 5 congested areas. There does not seem to be enough reasonable funding, and the CMA was studying alternatives. Cm. Zika attended the Housing Task Forces' last meeting. The housing plan has been submitted to the State; hopefully it will get accepted. He wished all a happy, healthy holiday. Cm. Sbranti reported that the Public Safety Memorial Committee had its first meeting and was making good progress. Also, with the Vice Mayor, the Dublin Pride Week Committee met to gear up for the week of April 28, 2003. Cm. McCormick attended a Tri~Valley Transportation Committee meeting, where yet another study was approved for the 1~680 corridor. She attended the kickoff meeting for Dublin Pride Week, and some very exciting activities are being planned. She wished a happy holiday to all. Mayor Lockhart indicated that she recently attended the Golden Valley Update, which was a recap of a collaborative effort of the Tri-Valley Business Council and hits on all the different issues and policies, and summarizes the results over the last year. She distributed a copy of the report to the Council. Mayor Lockhart commented on the U.S. Conference of Mayors' report she received which reviewed the important legislative activities it's been involved in over the past year, including homeland security. She plans to attend the U.S. Conference of Mayors in January 2003. Mayor Lockhart advised that the Mayors' Conference appointed her to ABAG and ACTIA. Mayor Lockhart thanked Staff for a wonderful tree lighting event and wished everyone a happy holiday. CLOSED SESSION 9:39 p.m. The Council reconvened to Closed Session. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action. CITY COUNCIL MINUTES VOLUbAE 2 I December ] 7, 2002 PAGE 639 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:10 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATTEST: City Clerk i: CITY COUNCIL MINUTES VOLUME 21 ~'~:"'~' ?~/~ ~ MEETING December 1 7, 2002 PAGE 640