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HomeMy WebLinkAboutItem 4.01 Draft CC 11-18-2003 MinCLOSED SESSION A closed session was held at 6:30 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL- ANTICIPA TED Litigation- Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision b (l): ONE potential case Facts and Circumstances: Government Code Section 54956.9, subdivision b (3) (B) (October 2~, 2003 letter from Dublin Investors to Mayor and Councilmembers regarding adoption of urgency moratorium ordinance). CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6). City Negotiators: Vice Mayor McCormick and Councilmember Oravetz - Unrepresented Employee: City Manager A regular meeting of the Dublin City Council was held on Tuesday, November 18, Z00$, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, OraVetz, Sbranti, Zika and Mayor Lockhart. None. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action. Mayor Lockhart announced that an emergency item needed to be added as agenda Item No. 5.2 related to Item No. 5.1 dealing with a contract with the Pat Summerall Productions as it relates to the Champions of Small City Management issue. VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 645 On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council agreed to add the item to the agenda as No. 5.2. PROCLAMATION 7:13 p.m. 3.1 (610-50) Mayor Lockhart read a Proclamation declaring the week of November 23-29, 2003 as National Family Week and encouraged families to recognize and appreciate their role, thus contributing to a strong and healthy community. The Proclamation was presented to Randy Shumway, a member of the Dublin Unified School District Board, who stated he was asked to come and receive this for a meeting they are having this evening. This gets back to the roots of what really matters. Pleasanton has done this as well. Some neat activities will come from this. 7:16 p.m. John T. Collins, Sr. Allegheny Drive asked the City Council to please repeal the oversize vehicle ordinance. This law is quite possibly unconstitutional. Mr. Collins referenced the intersection of Village Parkway and Lewis Avenue and stated he felt what has happened there should not happen to other intersections. The curb has been painted black and white. CONSENT CALENDAR 7:18 p.m. Items 4.1 through 4.5 On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Special Joint Meeting of October 1 st and Regular Meeting of November 4, 2003; CITY CoUNciL MINuTEs ' VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 646 Adopted (4.2 920-90) RESOLUTION NO. 221 -03 APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD pARKS, AND COASTAL PROTECTION ACT OF 2002 and RESOLUTION NO. 222- 03 APPROVING THE APPLICANT TO APPLY FOR GRANT ~FUNDS FOR THE ROBERTi-Z'BERG,HARRIS BLO~K GRA. N?~ROG~M,~ND~ER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 Adopted (4.3 600-60) RESOLUTION NO. 223- 03 ACCEPTANCE OF STREET IMPROVEMENTS FOR TRACT 7142 DUBLIN RANCH AREA A, NEIGHBORHOOD A-7 AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.4 600-60) RESOLUTION NO. 224- 03 ACCEPTANCE OF STREET IMPROVEMENTS FOR FALLON ROAD AND BENT TREE DRIVE FOR TRACT 7135 (DUBLIN RANCH AREA A) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Approved (4.5 300-40) the Warrant Register in the amount of $3,990,595.68. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 647 CITY OF DUBLIN'S PARTICIPATION IN PAT SUMME~I,I?S "CHAMPIONS OF SMALL CITY MANAGEMENT" 7:18 p.m. 5.1 (150~35) Economic Development Director Chris Foss presented the Staff Report. The City of Dublin has been notified by Fat Summerall Productions that it has been placed on a short list of potential recipients of the "Champions of Small City Management" award, which will feature and recognize $ cities with a population between 10,000 and 50,000. The announcement of the award for each selected city will be aired in a 2~minute profile of each city on CNN's Headline News Network, as well as being published in Forbes Magazine. ff selected, the City will need to contribute approximately $24,000 toward production expenses. Item 5.2 Mr. Foss advised that Staff received a contract this afternoon and.Staff would like to review it with the production company prior to executing the contract. Vm. McCormick clarified that the Council will not see final contract? City Manager Ambrose advised that they require a signed contract up front before selection. We will know by Thanksgiving. The contract, unlike the letter, doesn't mention Forbes Magazine. The contract is written in their favor and does not give the City final control over the production. Mayor Lockhart stated the City Manager would be responsible for nailing down the issues such as guaranteed magazine coverage and exactly what we're getting. Cm. Zika clarified they are not asking us for any money? Mr. Ambrose replied no, but if we are selected, we have 7 days after execution of the contract to give them $12,000. Usually when we enter into contracts, we don't make final payment until we've completed contract. There's also a chance their program could be canceled by CNN Network News. There are some aspects that we won't have control over. Cm. Sbranti stated he is supportive, but it is hard to assess when you get something like this just a few minutes before a meeting. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 648 Mayor Lockhart stated the City Manager and City Attorney will review this and get information and as long as we are protected, ff they like the basic conditions of what we're going to get for our money, let them have the option to folJow through. Cm. Sbranti stated he felt they should set forth expectations. Vm. McCormick clarified what we get for our money is 2 minutes on CNN and a 5 minute video which we don't own? Mr. Foss stated this is correct. We will be able to use the 5 minute video and can use it in our promotional materials. We won't own it though. We are limited to how we can use the video. We are not allowed to host it on our website. Cm. Zika pointed oUt that we spent twice that much on the original video that didn't go anywhere. Forbes will hit the business community. We will get a lot more exposure than we did on the video we did a couple of years ago. Vm. McCormick clarified the value of this and the $24,000 is to attract business. Foss stated if we are mentioned in Forbes Magazine this is very valuable. He and Ambrose will find out what this will consist of. This is positive and a 5 minute video be helpful and will provide business attraction. Cm. Oravetz stated he did not feel this is a good way to spend $24,000 for 5 minutes of fame. The new Governor just repealed the car tax today. We need to watch our money closely. He stated he will vote against this. Mr. Foss stated any press materials we use must be reviewed by Pat Summerall Productions. The Council indicated Staff should see if they can straighten out the contract and get some kind of written commitment and some type of a profile and ff not CNN, find out what the alternative networks are. Mr. Ambrose stated initially they told us we Would get final approval over the script. This is not the case as referenced in the contract. Paragraph 6 discusses "reasonable script direction" and we need to find out what this is. The lead-in and close is probably what we don't have any say over. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 649 Cm. Sbranti asked to what extent do we and they have control over promotional material? This should be clearly articulated. Mr. Foss referenced paragraph 9 and stated they will be protecting their corporate name. On motion of Cm. Zika, seconded by Cm. Sbranti, and by majority vote, the Council authorized the City's participation in the selection process and authorized an appropriation of $24,000 from Unallocated Reserves, and authorized the City Manager to negotiate a contract. Cm. Oravetz voted in opposition to the motion. PUBLIC HEARING - PA 02-048 ~ GREENBRIAR HOMES COMNIUbHTIES, INC. - TASSAJARA CREEK PHASE HI AND V (YARRA YARRA RANCH) PD REZONING ~ STAGE 1 DEVELOPMENT PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN 7:34 p.m. 6.1 (600-60) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram introduced Consultant Deborah Ungo~McCormick who presented the Staff Report. On behalf of Marjorie Koller, Greenbriar Homes Communities is requesting approval of and amendment of the original Stage 1 Development Plan approved for the site formerly known as the Yarra Yarra Ranch on Tassajara Road. The amendment involves transfer of 85 units from Phase III to Phase IV with no change in the approved density for the site. In addition, a Stage 2 Development Plan is proposed for Phase III to allow construction of 108 residential units and Phase V to allow construction of one single~ family estate home for Mrs. Koller. Cm. Zika stated he had asked about garbage pickup this afternoon and how this will be handled? Ms. Ungo-McCormick responded in the common drive areas the distance between units is 28' and there's a paved area of 22'. She stated the applicants will address the issues of CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 650 refuse pickup. Condition #6 of the vesting tentative map requires a letter from the refuse company to the City indicating)hey can provide adequate service to the area. Cm. Zika asked if they will sell all 8 townhouse units? Ms. Ungo~McCormick stated initially there was going t° be some rental units, but she would defer specifics to the applicant. Vm. McCormick asked about trails. What are the lengths of trails and Summerset Bridge? Ms. Ungo~McCormick stated this is the second bridge and it crosses at about the midpoint of the pr°Ject. The bridge is actually being designed to accommodate the trail. Mark Lander stated the regional trail is somewhere between 800 and 1,000 feet. Mr. Ambrose stated the trail connects all the way to Dublin Boulevard. This is all public access and is part of the regional trail system. Tim Quinn with Greenbriar Homes Communities, introduced Mrs. Koller, the current owner of property and she was also present regarding the home to be constructed on her parcel. He acknowledged it has been a very long session over a year that they have worked with Staff. This is a very challenging site. He thanked Staff for their efforts. Greenbriar is purchasing 53 acres of the site. He described the site and stated there will be very little veget~,tion removed. There will be 108 units; 100 are single family detached and 8 at~tched townhome units set aside for below market rate buyers. All are for sale on deeded of the townhomes deeded lots for sak housing not curret market rate units. Cm. Sbranti asked 4. Mr. Quinn explait Cm. Sbranti comm Lots; 1,692 SCl. fi. to 2,249 SCl. fi.; 2 and 3 story units intermixed. All arill be 1,272 sq. fi. 2'story units, 4 bedroom 2 bath. These are also on They request approval for this project. It provides new alternative ly ax;ailable on the market in eastern Dublin and provides 8 below how this compares elevation and size of units and potential for phase ed the sizes of homes and lot size. ented on the regional trail and asked where it will come from. CITY 'COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 . :' PAGE 651 Mr. Quinn shOwed on the map where the trail will go. The EBRPD trail is adjacent to Mrs. Koller's property and designed to be at grade. Phase 4 is not under contract. This is owned by Pat and Carolyn Adams and they have just developed an equestrian center. Vm. McCormick stated she was interested in the BMR townhomes and asked where they are located and if they are all together? Mr. Quinn stated they are not together but separated by 800 or 000 feet. They are smaller and attached rather than detached. Cm. Zika asked about garbage pickup. Mr. Quinn stated they do have a condition to meet with the garbage company and get a firm commitment. They currently serve the townhome project off of Central Parkway and that project is almost identical in width of roadway and from garage to garage. What they do there is pick up the trash barrels and then back out. The driveways are wide enough for them to put out 3 containers and still get out of their garage. Cm. Zika stated he had questions on the open space interface regulations and wildfire management plan which indicates you have to have sprinklers. However, on the below market rate units, every one of them have that dot and this doesn't make sense. Mr. Quinn stated they met with the Fire Marshal and provided interpretation. He displayed on the illustrated map how the buildings will be sprinkled. Cm. Zika stated he likes the way this sets up and units face one another with garages in back. He loves the 4 bedrooms in the BMR units. However, the bottom floor has no bathroom facilities on the level where the kitchen and living rooms are. He stated this won't get his vote. Mr. Quinn stated this is correct and it is not as convenient as they would like. Cm. Zika stated he is not willing to settle for better than nothing. Cm. Oravetz complimented them on the environmental issues. He lived in a condo at one time and asked if there is any way to work in a small bathroom with a commode and a sink on the bottom floor. Architect Don Ruthroff stated they recognize this is a difficult situation. They are trying to provide what the City wants and what the market finds acceptable. They can CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 652 absolutely provide a powder room under the stairs. The unit is small because they are trying to build what is affordable and what the Ordinance requires. Vm. McCormick asked what kind of data they used for the need for 4 bedrooms and commented we did not find that in our research. Mr. Quinn stated in looking at what's currently available, there are virtually no 4 bedroom units. They felt there was a need for 4 bedroom units. Community Development Director Eddie Peabody stated our new housing element calls for providing affordable housing for large families. The units supplied need to be substantially like the projects where they are located. Staff felt there was a real need to provide the maximum number of bedrooms since this is a family project. Mayor Lockhart asked if they have discussed the bay friendly landscaping concept; a lot' of native and drought resistant plants to help with landfill situation and which don't require a lot of pesticides. There are a whole group of experts that can help advise developments related to this. Mr. Quinn discussed landscaping and vegetation issues along the creek. Inside the project, they have a lot of street trees, large oaks at entry and planters between the parking areas. Along the paseos, they have a variety of trees, shrubs and groundcover. They are trying to soften the streetscape. Mayor Lockhart asked about recycling for multi-family. Will they have recycle bins? Mr. Quinn stated each unit will have their own garbage service and recycling will be included. Rich Guarienti stated he is happy to see any preservation of open space any time it is included in a development project. He did attend the Planning Commission meeting on October 28 and had questions that really weren't answered to his satisfaction. Jeri Ram was very helpful in providing information. He referenced an Eastern Dublin Comprehensive Stream Preservation Report done in 1906 and stated he looks at this as the General Plan for Tassajara Creek. This is a policy and guidance document. It was mentioned briefly in the Staff Report but doesn't identify specifics. He would like to see when these things change in a project that we identify the changes and say why they are changing. There are so many things to address nowadays. He attended a creek and water symposium last week where 200 or 300 people attended. The creeks have no boundaries. They put out a wonderful atlas which he will share with the Ci.ty. There is CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 653 a difference of opinion with EBRPD and the City on this. There is no park in this project. He would like to see these ldnds of things come before the Parks & Community Services Commission for review and theY COUld be resolved b~fore the fact~ Mayor Lockhart stated the issue with Parks & Comrr.~nity Services is really one of policy. She stated she hopes at some point we could take thi~ back to the Commissions and get feedback. They could run it by everybody so they can givefeedback t° the City COUncil. Mayor Lockhart closed the public hearing Cm. Sbranti asked for an example of bay friendly lm :dscaping. Mayor Lockhart explained that it is a whole process of looking at the land and what would be decorative and still drought resistant and ~oks at not having a lot of hedges that have to be pruned weekly. It should require th least amount of maintenance and survive without a lot of extra pruning and watering There is a whole guideline out by Alameda County Waste Management Authority. Th sy are ready to take this on the road and talk to developers. Mayor Lockhart clarified the Council would like to 3ave them add a half bath tobottom floor, making them 4 bedroom 2 Yz bath units. Vm. McCormick stated she hopes we are not settin8 BMR units. She would encourage other developers are different from everything else. She stated she h. Cm. Sbranti agreed, but stated he really likes the fac a precedence of setting aside the :o not do this. The affordable homes ~pes to not see this again. t that the affordable units are 4 bedroom. This is a unique opportunity to put 4 bed room for sale units on the market. He likes the open space and close proximity to Emerald Glen Park. He would like to see them look at innovative ways to landscape. Also, it is important to add the half bath downstairs. ! Cm. Zika stated he felt they could design some bette~ units. The 4 bedroom units are very small. This does those families that ~11 live there a dis~ce: City Attorney Elizabeth Silver stated the additional ~alf bath is not in the plans as approved by the Planning commission, so this COUld be inClUded in the DeveloPment Agreement, which is yet to be prepared. Mayor Lockhart reopened the public hearing. , VOLUME 22 REGULAR MEEd ?lNG November 18~ 21}03 PAGE 654 Mr. Quinn stated they would accept that condition as part of the DA. Mayor Lockhart again ClOsed the public hearing. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by majority vote, the Council adopted (with change discussed above) RESOLUTION NO. 225- 03 MAKING FINDINGS RELATED TO THE PLANNED DEVELOPMENT REZONING AND STAGE t DEVELOPMENT PLAN AMENDMENT ON APPROXIMATELY ~ ACRES AND STAGE.2 DE~E~pMEN¥ P.~N ON 22.3 ACRES, APPROVING A CEQA ADDENDUM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE GREENBRIAR TASSAJARA Iil PROJECT WEST OF TASSAJA~ROAD AND NORTH OF THE CASTERSON PROPERS..PA 02,048 and waived the reading and INTRODUCED the Ordinance. Cm. Zika voted against the motion. PUBLIC HEARING - ESTABLISHMENT OF SPEED LIMITS ON TASSAJARA ROAD, GLYNNIS ROSE DRIVE AND AMADOR PLAZA ROAD SOUTH OF DUBLIN BO ,ULEVARD 8:36 p.m. 6.2 (590-20) Mayor Lockhart opened the public hearing. Senior Civil Engineer Ray Kuzbari presented the Staff Report. Engineering speed surveys were recently updated on several City streets, and new speed limits are being recommended for Tassajara Road, Glyrmis Rose Drive and Amador Plaza Road south of Dublin Boulevard based on the survey results. The recommendations are: Tassajara Road from I-580 to Dublin Boulevard - 35 mph; Tassajara Road from Dublin Boulevard to northerly City Limit - 45 mph; Glynnis Rose Drive - 25 mph; and Amador Plaza Road south of Dublin Boulevard - 2 5 mph. Cm. Sbranti asked when we work on St. Patrick Way and extend it to Regional Street, will this be reviewed again? cITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 655 Mr. Kuzbari stated it is quite possible with the addition of the BART Station they will do a speed survey on St. Patrick Way. Regional Street, Golden Gate Drive and Amador Plaza south of Dublin Boulevard could also be reviewed. John T. Collins, Sr. commented the map displayed seemed to be somewhat incomplete. He suggested we might want to keep the limit a little higher at the ramp onto I~680. Cm. Sbranti asked about the 85th percentile area which was 29 mph and asked about the rationale. Mr. Kuzbari stated there is a horizontal curvature and many driveways along the way. It makes sense to set the speed limit at 25 mph. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. RECESS 8:4 7 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 8:54 p.m., with all Councilmembers present. PUBLIC HEARING PA 02-074 INTERIM URGENCY ORDINANCE 10 MONTH & 15 DAY EXTENSION ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC ~AN FOR THE AREA LOCATED ALONG DUBLIN BOULEVARD, EXTENDING WESTERLY OF DONLON WAY APPROXIMATELY 400 FEET AND EASTERLY OF SAN RAMON ROAD APPROXIMATELY 050 FEET, AND EXTENDING APPROXIMATELY 625 FEET NORTH AND 700 FEET SOUTH OF SUCH STRETCH OF DUBLIN BOULEVARD 8:54 p.m. 6.3 (910-40) Mayor Lockhart opened the public hearing. Senior Planner Andy'Byde presented the Staff Report. At the October 7th and October 2 I, 2003 City Council meetings, the Council enacted an interim urgency ordinance establishing a moratorium on approvals of permits for development in the Historic Area. The adoption of the October 21st Ordinance corrected CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 656 an omission in the notice of the October 7th Ordinance. Pursuant to the terms of State Law, the interim ordinance terminates 45 days after its enactment' If adopted, tonight's item would extend the moratorium on development approvals for a period not to exceed 10 months and 15 days. The extension of the Interim Urgency Ordinance would enact a moratorium on the issuance or approval of any building permits or land use permits that would result in the construction or initiation of sPecific uses on any parcel located within the Historic Area. Mr. Byde discussed prior Council discussion of the Historic Area, which occurred during the Goals & Objectives session on March 10, 2001. This issue was also discussed by the Council at its meetings on June 10, 2001, July 3, 2001, and August 21,2001. The City Council at the 2003~04 Goals & Objectives meeting on March 31, 2003, voted to carry over, as high priority, plans for Historical District designation of Donlon Way, specifically including Alamilla Springs and the Green Store, and complete a new Specific Plan and or Zoning for the area. As part of the FY 2002~05 Budget, the City Council provided funding to prepare a Specific Plan/Historical District for the Donlon Way area. To provide the background information on the existing historical/archaeological resources, Staff determined that experts in historical/archaeological resources would be necessary to assist in developing the base information of the Specific Plan/Historical District. On September 16, 2003, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific Plan for the Historic Area with the purpose of unearthing the historical past in, and preserving and protecting the Historic Area. On October 7th and October 21, 2003, the City Council adopted an Interim Urgency Ordinance for the parcels within an area designated by the Council as the Historic Area, which imposed a moratorium on the issuance or approval of any building permits or land use permits that would result in the construction or initiation of a list of uses on any parcel located in the Historic Area. These uses include;. 1) Adult Business Establishment; 2) Animal Sales and Services; 3) Automobile / Vehicle Brokerage; 4) Community Care Facility/Large; 5) Dance Floor; 6) Drive~in/Drive~through Business; 7) Eating and Drinking Establishment; 8) Fortunetelling; 9) Health Services/Clinics; 10) Massage Establishment; 11) Plant Nursery; 12) Recreational Facility/Indoor; 13) Recreational Facility/Outdoor; 14) Retail-'Outdoor Storage; 15) Service Station; and 16) Shopping Center. CITY cOUNCIL MI~TES ' VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 657 The purpose of the Urgency Ordinance was to preserve the status quo in the Historic Area while the City completes pending studies and evaluates the need for potential future studies, which are necessary to catalog the existing historical resources in the Historic Area, and completes a Specific Plan. In particular, the Interim Ordinance noted that the City anticipates that among the tools that the SP may recommend are: a) various means to preserve, protect, and highlight existing historic structures and sites; b) architectural guidelines which would apply to all structures and future development in the area that would serve to promote a theme related to the history of the Historic Area; and c) the placement of signage and monuments at the location of historic sites. The Council concluded that the untimely changes in uses could ultimately frustrate the City's long-term efforts to ensure the area is developed cOnsistently with the City's goals for the Historic Area. Accordingly, the Ordinance determined that the above listed uses may be in conflict with the contemplated Historic Area SP, the goals of which are to encourage the development of an historic~themed, pedestrian-oriented commercial area, centered around the historic structures and sites that mark the community's founding. The Ordinance noted that the purpose of the expansion of the ultimate boundary for the SP was to preserve the status quo while the City considered both the potential for the existence of historic resources on such properties in the expanded area, and the potential for the intersection, given its status as a major entry way into the City, to serve as a historic~themed entry way into the historic district. Mr. Byde discussed the requirements of Government Code Section 65858. The courts have consistently held that aesthetics and protection of community character - consistent with the goals of the proposed SP- are sufficient to support the findings required by GCS 65858. On November 4, 2003, consistent with the requirements of State Law, the City Council issued a status report on the measures taken to alleviate the condition within the Historic Area that led to the adoption of the Interim Ordinance. First, Staff had begun the process of expanding the architectural consultant's historic resources identification project. Second, the report indicated that the consultant would prepare descriptive design guidelines to regulate rehabilitation of existing structures (including appropriate use of materials and colors) and regulate new construction within the area, Finally, the report set forth a chronology of actions that must take place in order to complete the SP. Staff explained that certain types of repair work that the Building Official determines is necessary for safety purposes would be exempted and would be an exception to the Urgency Moratorium Ordinance. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 658 Cm. Sbranti discussed the situation when the City council considered a Scarlett Court Specific Plan, He asked if the City has ever enacted a moratorium? Mr. Byde discussed the situation with a particular parcel on the southeast corner of Village Parkway and Amador Valley Boulevard when that service station closed. The City Council adopted an urgency ordinance to evaluate new uses in the area. This particular ordinance was extended beyond the 45 days, but did not extend the whole allowed time. A new development plan was adopted for the area. Cm. Zika asked when l>age & Turnbull will complete their assignment? Mr. Byde advised that they should be done by the middle of December. A report could come back to the City Council in January. Sue Hagan, Donlon Way stated she lives right next door to the Heritage Center. She was present mainly for information but stated she wanted to know what this means, "historical resource" as far as owning her home and also having a kennel business there. Mr. Byde stated in her case, the Ordinance says the particular kennel use would be covered by the moratorium, however residential uses are not part of this moratorium so it would not be covered. Emergency changes would be allowed, but expansion or modification of the kennel would not be allowed. Ms. Hagan stated they have no plans to do anything at all, but just wanted to know how this impacts them. John T. Collins, Sr., stated on the list of 1 ¢ things, ¢ of them were done in the historical area. He stated he did not stick around the night the Urgency Ordinance was on the agenda because he did not believe this nonsensical Ordinance would be passed. Hooter's is a restaurant, admittedly with a catch or hook to bring people in. The pancake place didn't make it and apparently Bob's Big Boy didn't make it and there was another place he couldn't remember. Give Hooter's a chance to live or die on its own merits. Virginia Bennett wrote a book on Dublin Reflections. A drinking establishment was legal in Dublin's history, so why not now? Give the City a break, please. Charles Pillers with Dublin Investors, San Jose, stated on page 5 of the City Council information he received, it says property owners were mailed notices; however, he has yet to receive any notice whatsoever. Were it not for the City's webpage, he would not know what is on the agenda. He gave the Planning Department his home phone number and t.old them not to give out his phone number,. Since that time he got calls CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 659 from realtors and he asked where they got his number. They said from the Planning Department. You will end up with an empty building and this doesn't help the City. It will definitely not be an asset to the City. He read a letter which was submitted November 18, 2003. "We are the oarners of the property on the Southeast corner of Dubh'n Blvd. and San gamon Road. The property is leased to operators of a "Coco's" restaurant. We strongly protest the inclusion of our properly udthin this Urgency Ordinance and/or to any extension thereof, as called for in this agenda item G.3 Your action of October 7, 2005 and continuation of on October 21, 2003 has caused significant harm and slander to our title and made it severely hanchbapped in use and delayed or prevented its needed upgrade and modernization to return it to a profitable and continued restaurant use. Any continuat~bn of this deliberate and very possibly illegal inclusion in this moratorium will~ in all probabili&, cause us to seelc redress in the Courts for our current and future damages and also for punitive damages based upon your acts and the facts~ or Iaclc thereof, in bringing this action to the Council. We first want to restate~ by inclusion witin'n this letter, (and attached hereto) all of the statements and facts contained in our letter and my comments to this Council at the meeting of October 21~ 2003, agenda item 4.8. That letter and those comments are continued with this hearin~ and are again herewith submitted. I have exhaustively examined the Zeitgeist of tin's properly and can find absolutely no basis for any t~nding of any event or use within its history of any historical significance whatsoever, l~ne most signif~bant act that I can l~'nd was the establishment ora '~Bob's Big Boy~' restaurant here in 19 7~. That buildin& with slight modil~'cations, is st~71in use there today. I am sure that Bob Wyann would rise in Ins grave with incredu~& if he knew that you considered that his restaurant chain~ win'ch he had started in Glendale~ California, in the l ~40's, and also had over 30 years and 300 other restaurants opened before the restaurant ever came to Dublin, would be considered ~q-Iistorically SignitTcant~ by the CiOr of Dublin. I am afraid your ideas of ~historical significance~' are misplaced. I did, however, find increasing evidence that strengthens the belief that the inclusion of this parcel in the moratorium was prompted by fear of ~ttooters~ and not of any t~ndin$ of ~in'storical" value. I also investigated the arguments against ~Hooters" and found them to be completely without any foundation whatsoever. Since the Ci& of Dublin has no real probabili& of l~'ndin$ any ~Sioo~ificant Historical Value~ to this property~ we demand that this property be removed and released forthwith from any inclusion in any moratorium being considerS. And further, that the Slander upon our Title and other deliberate acl~bns mentioned in our !etter and commentS of October 21, 200~, be ceased immediately. Sincerely~ Charles Fillers ~4ana~ing Partner~ Mayor Lockhart apologized for not getting Mr. Pillers the information. Anna ghimko with Cassidy Shimko & Dawson, San Francisco, stated she was here on behalf of Hott Wings, Inc. and urged a vote against extending the moratorium Urgency Ordinance. She submitted a 19 page letter just before the City Council meeting. This Ordinance has no connection and you will be placing the City in considerable legal peril by extending this Ordinance. This is very plainly directed at stopping one user from replacing another. She discussed legal deficiencies. There is no current or immediate threat to the public health & welfare. No historic resources are at risk. There is nothing historic about the existing Coco's Restaurant. Only one change has occurred since 2001 and that is a pending building permit application to put in a HOOter's Restaurant. There is no evidence on which to rely to take this action. The City cannot preclude the use of CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 660 one restaurant to another. They are quite concerned that action taken, if extended tonight, would violate equal protection and due process under the Constitution and the taking of private property. They also believe there have been established links from the Dublin City Council to DHPA and members have participated in the past with historic area and that organization has been funded by the City in the past and they urged those members on the City Council to refrain from voting on this issue this evening. There is a lot of information in the letter that the City would be taking a grave risk ff they vote to extend this. Marla Smith stated she was originally concerned with how her comments would fit in with historical district discussions. The mai issue here is there are soccer moms who don't want their husbands to hang out at Hooter's. This is a way for students to make good money and go to college. Her daughter works for Hooter's. The restaurant provides security when their shift is over. This could only help the area. The tax benefit to the City is obvious. Regarding the clothing that the girls wear, girls wear less to high school. Their tops are low and they wear shorts. There are as many couples and families as single men who go there. The kids think this is like a celebrity. The real issue is them are people concerned about this type of an establishment. This is near a freeway and there are businesses around it. She asked that they look at this with an open mind and an empty stomach and go and enjoy the best wings you will ever have. Rich Guarienti stated as a former member of the Heritage & Cultural Arts Commission, he felt coming off the freeway making a left turn is where you go into the heritage district. The epicenter is really at Donlon Way and Dublin Boulevard. He did not think of anything east of San Ramon Road. We could include Alamilla Springs as this is a very important area. In listening to the comments, he suggested they only look west of San Ramon Road. He stated he had been to a Hooter!s in Nashville, TN in 1990, and he was not offended and his wife was not offended. Nick Trani, owner of Hooters stated they love the advertisement and give and take of Hooters coming to town. It is impossible to pay the amount of money to buy this. The truth has to be stated - what is a Hooters. His 23 year old son who graduated college said they needed to diversify. The idea of a Hooters completely threw him when his son suggested this. He, his wife and 10 year old grandson went to a Hooters in Long Beach on a Sunday night. He talked about his experience. The symbol of Hooters is an owl and it has no other meaning. 75% of sales are food. There is no hard liquor sold. Hooters is a fun restaurant and place to go. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING NOvember 18, 2003 PAGE 661 Mayor Lockhart stated maybe there has been some misunderstanding on both parts. Because of the timing this seems to have focused on only one business. The City is serious about our historical district. This whole discussion took place long before there was even talk about a Hooters coming into our community. In looking at our G&O, there are a lot of high priority items. A lot of businesses will have to consider their time during this process. This is not just their business that's being looked at. There is historic value in the area and we just want to make sum we include all of it in our plan. As soon as this is determined, it will all be cleared up one way or the other. We can then look at adjusting our boundaries accordingly. This is a temporary thing. We need to take a time out and do the study and move forward. Dublin is a City that is known as business friendly. We are very protective of an area that has historic value. She stated she wants to take the time to read and review their documents and supports adding this as a closed session item on the next agenda. Cm. Zika stated the Council doesn't know what's in these 17 or so pages and also doesn't know what the consultants will come up with. If we do a 62~day extension to the Ordinance and consider this at the January 16th meeting, we would have all the facts. Cm. Oravetz requested they give them time to hear the consultant's report and read and digest this letter and then get on with it. Cm. Sbranti stated the Council has been talking about this for a long time. They talked about it in terms of the office project. We are close to determining the boundaries and in July was when we authorized the consultant to start working on establishing a district. We didn't even know Coco's was closing then. He stated he agreed that this process shouldn't take 10 Vz months. They need to hear what the consultants have to say. People just look at this one moment in time and don't look at the history and what this meant for the region. We need to let the process continue. Cm. Zika asked if they could extend this for 62 days until the second January meeting. city Attorney Silver advised that state law allows them to extend it up to I 0 ½ months. She suggested extending it to the day after the second January City Council meeting, which would be January 21, 2004. Vm. McCormick stated to her, it is all about the report. She doesn't care about what restaurant goes in there. She cares about the historic district and establishing it. She wants to see the report and wants to establish a historic district. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 662 Mayor Lockhart stated they need to stay the course and not get sidetracked with other issues. Let's just do it and get it over with and move on. Their goal is not to delay a business. She stated she had read Mr. Trani's comments in the newspaper, saying he did not believe the City is trying to delay his business. This is important to the Community, and they are halfway through the process. Mr. Ambrose clarified that the City Council will not have a complete report by that meeting, but will be in a position to establish boundaries. Mayor Lockhart stated there are a lot.of businesses over ther9 tha~.would like to~0w the historic significance to their businesses. Cm. Oravetz commented on property rights issue and requested that they be patient. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council waived the reading and on an urgency basis, with an extension to January 21, 2004, adopted ORDINANCE NO. 16- 03 AN URGENCY ORDINANCE MAKING FINDINGS AND ESTAB~!~:H~!~NG A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN THE DUBLIN HERITAGE HISTORICAL,DISTRIC!AREA PENDING THE COMPLETION OF A SPECIFIC PLAN RESOLUTION OF INTENTION TO MODIFY THE ADOPTED RIGHT-OF-WAY ALIGNMENT FOR ST. PATRICK WAY FROM REGIONAL STREET TO GOLDEN GATE DRIVE PA 95-045 9:50 p.m. 6.4 (820-90) Mayor Lockhart opened the public hearing. Senior Civil Engineer Michael Stella presented the Staff Report. St. Patrick Way is identified as a major east~west road to serve downtown Dublin. It will be a connection to 1~680 on/off ramps, allowing development of surrounding land uses per the West Dublin BART Specific Plan. The ultimate right-of-way width will vary between 68 and 71 feet. The ultimate section ~11 consist of twol 2 foot ~de travel CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 663 lanes, a 12 foot wide center two~way left~turn lane, and 8 foot wide parking on the south side and sidewalks that vary between t3 and 11 feet on both sides of the street. St. Patrick Way improvements will assure safe and convenient access to abutting properties. The design will be based on a 25 mph speed limit. The The City is processing a minor revision to the existing precise alignment for the portion of St. Patrick Way between Golden Gate Drive and Regional Street. The City is in the process of reviewing development plans for properties that are proposed to be served by the St. Patrick Way extension, and in order to accommodate all the current and future uses by surrounding properties, a modification to the alignment is being proposed. The Planning Commission reviewed the proposed modified right~of-way at its meeting on November 12, 2003 and determined that the revised alignment is in conformance with the City of Dublin General Plan. The Planning Commission also adopted an Addendum to the Mitigated Negative Declaration for the revised alignment and adopted a Resolution recommending that the City Council adopt a Resolution of Intention to Establish a Revised Right~of~Way Line for St. Patrick Way. Cm. Zika discussed and clarified the process we have to go through. Cm. Sbranti talked about several development proposals and asked who specifically pays for this extension. City Manager Ambrose stated this is the plan line that establishes where the road will be. Costs are currently being negotiated with certain property owners and there will be some project requirements. John Greet with Legacy Partners stated they are fully supportive of this alignment. Mayor Lockhart closed the public hearing. On motion of cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 226- 03 ADOPTING A RESOLUTION OF INTENTION TO MODIFY AND ESTABLISH A RIGHT-OF-WAY LINE FOR ST. PATRICK WAY BETWEEN REGIONAL STREET AND GOLDEN GATE DRIVE (PA 95~43) CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 664 and set a public hearing for December 2, 2003 to hear any protests or objections tO the modified Right~of~Way Line for St. Patrick Way. i DUBLIN SENIOR CENTER AUTHORIZATION TO sOLIcIT BIDS FOR CONSTRUCTION 10:07 p.m. 7.1 (600~30) . Parks & Facilities Development Manager Herma Li~'~htenstein presented the Staff Report. Staff is seeking City Council approval to bid the Dt ~lin Senior Center project. The Architect has provided permit plan sets for review~ o the City departments, has received comments and incorporated them into the Bid Set. Staff worked with the architect to ensure that the building design conformed to a mii~zmum LEED building certification criteria. Due to changes in the Alameda County Waste Management Authority (ACWMA) grant process, Staff did not pursue grafit funding for the Senior Center project. The furniture package will be bid as a separate project. Mayor Lockhart asked what had changed with the WMA grant process? Ms. Lichtenstein explained that we were working arith the original parameters of the fire station design, and midpoint in the process we pulled in WMA and we were told they would not provide grant unless we could meet LEED Silver criteria. Cm. Sbranfi asked if we have considered using process of pm-qualification? Ms. Lichtenstein responded yes, and it is based on language from the State. She discussed the pros and cons of using this. Cm. Sbranti stated several jurisdictions are considering adopting ordinances requiring this pre~qualification in order to get the highest quality contractors. This is very progressive and something we could look at. Mayor Lockhart stated she felt this could be brought up during the annual Goals & Objectives process. City Attorney Silver stated pre~qualification can be done in a number of ways. The state does have a prequalification format and attorneys in her firm that specialize in this area tailor them for a specific city. CITY COUNCIL 1M INUTES VOLUME 2 REGULAR MEl~ November 18, PAGE 665 2 ,TING ~003 Cm. Sbranti stated he will definitely bring this forward during the G&O process. We have so many capital projects in our City, and this process could prove beneficial. Cm. Oravetz stated he would like to study this also and commented small businesses may feel they are getting left behind. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the CounCil authorized Staff to solicit bids for construction of the Dublin Senior Center. FISCAL YEAR 2005-04 GOALS & OBJECTIVES STATUS REPORT & ClP SCHEDULE 10:17 p.m. 7.2 (100-80) City Manager Richard Ambrose presented the Staff Report and advised that Staff had prepared a report apprising the City Council of the status of the FY 2003-04 Goals & Objectives as of October $ l,t, as well as a schedule 'for the City's Capital Improvement Program, indicating estimated project start and completion dates. Vm. McCormick referenced page 6, item 7 "Develop a plan to attract and retain independently owned businesses in new projects as well as the downtown area of Dublin and investigate opportunity zones". The status indicates Staff has been unable to locate applicable programs in the State. She questioned this. Economic Development Director Foss stated we have asked other cities and have been unable to determine. Emeryville's Redevelopment Agency actually went out and leased a building and looked for tenants. We have been unable to find anything the way this goal is worded. He stated if the goal could be further defined, Staff can investigate. Cm. Sbranti suggested contacting the National Independent Business Association who may have information. Vm. McCOrmick asked if we had contacted the League of California Cities as a resource. Mr. Foss replied yes, we've used this list serve. The Council thanked Staff for the report. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 182 2003 PAGE 666 DESIGNATION BY CITY COUNCIL OF AD HOC AUDIT REVIEW COMMITTEE 10:21 p.m. 8.1 (110~30) City Manager Richard Ambrose presented the Staff RepOrt. The independent auditors from the firm of Vavrinek, Trine, Day and Company anticipate that in the next few weeks, they will complete all of the work required to publish the Comprehensive Annual financial Report for the fiscal year ending June 30, 2003. Staff requested that the City Council designate two members that will serve on the Ad Hoc Committee and will meet with the City Auditors to review and discuss the audit report. Mayor Lockhart and Cm. Sbranti served on the Committee last year. Mayor Lockhart suggested that she and Cm. Zika serve on this Committee. Mr. Ambrose advised of possible dates for the meeting with the auditors; December 9th, 10m, or 1 gm. Mayor Lockhart and Cm. Zika checked their calendars and indicated they could meet on December 9th or the morning of December 10th. On motion of cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council appointed Mayor Lockhart and Cm. Zika to serve on the Ad Hoc Committee to review the FY 2002~03 Annual Audit. FALLON SPORTS PARK MASTER PLAN CONSULTANT SERVICES AND FORMATION OF A COMMUNITY TASK FORCE 10:24 p.m. 8.2 (600-30/110-30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report. The 2002~07 Capital Improvement Program includes the development of a master plan for the 60 + acre Fallon Sports Park located on Fallon Road between Central Parkway and Gleason Drive. Staff has prepared a Request for Proposals seeking consultant services to work with Staff to develop the ultimate uses for this park. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 667 As part of the~park planning process, Staff is also recommending the formation of a Community Task Force to provide input and direction on the development of a master plan. Staff will solicit participation by placing a display ad in a local newspaper and will send notices of the openings to: 1) Dublin Unified School District; 2) Dublin San Ramon Services District; 3) Dublin Chamber of Commerce; 4) eastern Dublin property owners and new homeowners; 5) youth and adult sports groups; 6) service clubs; and 7) local non~profit groups. In addition, Staff recommended that a member from the Parks & Community Services Commission, Heritage & Cultural Arts Commission, Youth Advisory committee and the Senior Center Advisory Committee serve on the Task Force. The Parks & Facilities Development Manager will provide Staff support and the Task Force will work closely with the consultant team who will prepare the Fallon Sports Park Master Plan. Cm. Sbranti asked how long we envision the Task Force meeting. Ms. Lichtenstein responded that a master plan should be done by next fall. Cm. Zika commented on the way Emerald Glen Park was set up with Task Force was a very good process. Ms. Lichtenstein stated this will also define which priorities will go first. Mr. Ambrose advised that a lot of decisions are being made with regard to grading. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council approved the RH' and authorized Staff to advertise for consultants and approved the formation of a Community Task Force and authorized Staff to advertise openings. MEMORANDUM OF AGREEMENT (MOA) FOR SPATIAL DATASHARING BETWEEN THE CITY OF DUBLIN, TOWN OF DANVILLE, CITY OF LIVERMORE, CITY OF PLEASANTON AND THE TRI~VALLEY BUSINESS COUNCIL 10:26 p.m. 8.3 (600~30) Assistant City Manager Joni Pattillo presented the Staff Report. This item is for Council consideration of a Memorandum of Agreement to coordinate and share the use of Spatial Data (defined as parcel base map, centerlines, public trails, drainage, ortho~photography, and general plan land use) and other information technologies for planning, management and public safety purposes. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 668 A new draft Agreement was distributed which included two minor changes requested by the City of Pleasanton. Mayor Lockhart questioned if we foresee adding any other agencies or cities in the future. Ms. Pattillo responded very much so. This allows them to come forward. Every city is at a different level of development with regard to their GIS program. This MOA allows for this opening. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (with the two modifications) RESOLUTION NO. 227- 03 APPROVING A MEMORANDUM OF AGREEMENT (MOA) FOR SPATIAL DATASHARING BE~EEN THE~C!~ OF DUBLIN, TOWN OF DANVILLE, CITY OF LIVERMORE, CiTY OF PLEASANTON, AND THE TRI-VALLEY BUSINESS COUNCIL and authorized the City Manager to execute the Agreement. MODIFICATION NO. 5 TO ZONE 7 ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION D!S~CT LICENSE AGREEMENT OF 1987TO ADD SEGMENT OF ~O CREEK FROM AMADOR VALLEY BOULEVARD SOUTH TO IRON HORSE TRAIL 10:32 p.m. 8.4 (600-40) Public WOrks Director Lee Thompson presented the Staff Report. This pedestrian/bike path was constructed as part of the improvements for Tract 5883 (Dublin Meadows). Modification No. 5 will add a segment of Alamo Creek to the existing joint use agreement with Zone 7 allowing public access and transferring maintenance and public liability to the City. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 669 On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 228- 03 APPROVING MODIFICATION NO. 5TO THE LICENSE A~REEMEN? BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL & WATER cONSERVATION DISTRICT REGARDING THE ADDITION OF A CHANNEL PROPERTY TO THE LICENSE STRATEGIC PLANNING CONSULTANT SELECTION PROCESS 10:34 p.m. 8.5 (600-50/110-30) City Manager Richard Ambrose presented the Staff Report. This item is for the City Council to consider authorizing the initiation of the selection process for a strategic planning consultant, who will assist City Staff in developing a Strategic Plan to strengthen the City's Goals & Objectives process. A Strategic Plan will assist the City Council in establishing the City's mission, vision and operating philosophy, as well as help identify significant future challenges and develop long-term goals and strategies, and short-term goals and objectives to address those issues. Consultant service costs are estimated not to exceed $15,000. Funding has not been included in the FY 2003~04 Budget for these services, so an additional budget authorization would be required by the City COuncil ff a consultant is selected. Mr. Ambrose stated some dates had tentatively been identified, November 24th and 26% late afternoon for potential interviews. Cost should not exceed $15,000. Mayor Lockhart stated this is something she would very much like to be involved in. She would also like to see Cm. Sbranti be involved as he has expressed concern over our G&O process and has ideas. Mayor Lockhart indicated either date would work for her. Cm. Sbranti stated 4:30 p.m. would be perfect on November 24th and 5:30 p.m. on November 26th. CITY ~OUNCIL MINUTES VOL~WIE 22 REGULAR MEETING November 18, 2003 PAGE 670 On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council authorized the City Manager to initiate the selection process and appointed Mayor Lockhart and Cm. Sbranti to serve with the City Manager as an Ad Hoc Consultant Selection Committee. OTHER BUSINESS 10:40 p.m. Mr. Ambrose thanked Staff for the 2 good events this past weekend at the new fire stations. More events upcoming include the holiday tree lighting on December 4th in front of the library and dedication of the City underpass murals on December 6th which will stage on Amador Valley Boulevard. Cm. Oravetz reported that there will be a League meeting this Thursday night in Emeryville. The former mayor of Santa Clara will speak on ethical leadership. On November 22~d, there will be a food drive in Alamo Creek Park. Cm. Sbranti advised that Eddie Jo Mack is the new Chair of the Alameda County Library Commission. He stated he enjoyed the fire station openings. Tomorrow night he will attend the Dublin High School master plan meeting at the School Board. Vm. McCormick referred back to the G&O Report which lists refurbish the exhibit space in the Murray School House. It says an RFP was circulated and exceeds budget. Ms. Ix)wart stated we circulated bids and not only did the bids exceed budget but exceeded the budget for the entire project. We have meetings scheduled with people who build sets and are set designers to see ff they can meet our needs. Staff will report back shortly. Vm. McCormick stated she listened intently to Rich Guarienti about having the Commission look at landscaping plans on projects and asked if this has to be on an agenda? CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18, 2003 PAGE 671 Mr. Ambrose responded that the issue will have to be examined with their bylaws and he advised that Staff will come back to the City Council on how to do trail planning and how it affects land use. We will try to come up with a way for Commissions to have some input. Mayor Lockhart stated she is hearing positive things about the Village Parkway/Lewis Avenue intersection and now that the planters are in it looks really nice. One concern is there is no waste container there. Can we look at this? People are enjoying the space. Mayor Lockhart commented that the lights for the underpass art on Dublin Boulevard looks fantastic at night. It is spectacular. She stated she hopes we leave it bright enough so people can see it at night. She asked when the lights will arrive for Amador Valley Boulevard? Mr. Thompson advised that we are trying to get everything done before the dedication. We have some lights out that will have to be fixed. We would normally put a dimmer for evening hours, but you should still be able to see it pretty good. During the day it will have to be full bright. Mayor Lockhart reminded the community that on November 24th the City Council and Planning Commission will have a joint meeting related to the Alameda County Courthouse. She asked if this will be televised. Mayor Lockhart asked about the timing of the new trail off of Amador Valley Boulevard. When are the gates to be unlocked? Mr. Thompson stated the real push was to get it done, but the raised crosswalk is the next thing and then the signs. They will do some stamped asphalt pattern there. It should be open possibly next month. CLOSED SESSION 10:50 p.m. The City Council adjourned back into closed session to consider: 2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.t3) N City Negotiators: Vice Mayor McCormick and Councilmember Oravetz ~ Unrepresented Employee: City Manager CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 672 REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action. ADJOURNMENT II.1 There being no further business to come before the Council, the meeting was adjourned at 11:05 p.m. ATIZST: City Clerk M~yor cITY CoUNCiL MINUTES VOLUME 22 REGULAR MEETING November 18~ 2003 PAGE 673