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HomeMy WebLinkAboutItem 4.01 Draft Minu 01-15-2002REGULAR MEETING - January 15, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding Conference with Legal Counsel: Existin.; Litigation, Government Code Section 54956.9(a) - Name of Case: Standard Pacific Corp. v. City of Dublin, Alameda Superior Court No. VOf9796-6 Anticipated Litigation - Government Code Section 54956.9(b)(1) - Facts and Circumstances: Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3) East Dublin Properties Stage l Development Plan, Annexation and Draft Supplemental Environmental Impact Report Anticipated Litigation - Significant exposure to litigation pursuant to subdivision (b) of Government Code 54956.9 (ONE potential case) - Facts and Circumstances: Receipt of Claims dated July ~4, August 30, and October 26, 2000 from Goodland Landscape Construction, Inc., related to Emerald Glen Park, Phase I Existing Litigation - Government Code Section 54956.9(a) Name of Case: City of Dublin v. Dublin Land Company, Alameda Superior Court No. V.0~8~00-2 A regular meeting of the Dublin City Council was held on Tuesday, January 15, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Zika, and Mayor Lockhart. None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart stated there was no reportable action. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE I INTRODUCTION OF NEW EMPLOYEES 7:04 p.m. $.1 (700~10) Community Development Director Eddie Peabody introduced new employees Kristie Bascom, Associate Planner and Mike Baker, Senior Building Inspector. APPOINTMENT TO ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT 7:06 p.m. 3.2 (110-30) The City has been advised that the term of the City's representative on this Board expires in January 2002. Mayor Lockhart requested confirmation for the re-appointment of Dr. Harvey Scudder, who has served on this Board since 1983, to a term expiring in January 2004. Dr. Scudder stated the business of doing mosquito control operates with essentially no public. The same complaint stands for those that provide guidance with power and other things. Most times, they feel they are fortunate, but really aren't sure. They have about 20 people in the department and there are 21 board members representing all municipalities in the County. He discussed the West Nile Virus that they are dealing with. This can be transmitted with many kinds of mosquitoes. This one has a lot of concerns and people in their 70's have about a 10% mortality. This hits the common crow. Mayor Lockhart stated the letter gave a glowing report on his services and how much they look to him for his leadership and knowledge. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 1 -02 MAKING AN APPOINTMENT TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES (ENDING JANUARY 2, 2004) and directed the City Clerk to forward a certified copy to the Alameda County Mosquito Abatement District. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 2 7:13 p.m. Pleasanton Police Chief Tim Neal extended a sincere thank you from the Pleasanton Police Department for the help Dublin's Police Department rendered to them during the holiday season. All shopping centers were interested in enhanced police service as a result of September 11th. Stoneridge Mall attracts about 30,000 people a day during the holiday season. Chief Thuman very generously offered to assist without regard to city lines. They reciprocated at Hacienda Crossings, but the teeter totter is greatly slanted. Tom Wright, John Brown, Pete Slaughter and Chris Lucia in particular were thanked. Chief Neal stated it is a pleasure working with and sharing information with Gary. 7:17 p.m. Lee Carpenter, Director of Dublin High School Band stated a band that DHS met and marched in front of will be coming to Dublin. They are from Japan and will be here for the St. Patrick's Day activities. On Monday, March 18th, they will be doing a joint concert. He reported that the DHS Band just returned from a trip to Hawaii. Mr. Carpenter commented that on the community calendar, we chose to feature the San Ramon Valley Band rather than DHS or Wells. Mayor Lockhart apologized and stated we will do better next time. CONSENT CALENDAR 7:20 p.m. Items 4.1 through 4.10 Cm. Zika pulled Item 4.2. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of December 18, 2001; Accepted (4.3 150~70) gift of $50 for the Dublin Senior Center and directed Staff to prepare a formal acknowledgment to the donor Ms. Setsuko (Sue) Inami; CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 3 Adopted (4.4 1060-90) RESOLUTION NO. 2- 02 AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION FUNDS THROUGH THE METROPOLITAN TRANSPORTATION COMMISSION'S TRANSPORTATION FOR LIVABLE COMMUNITIES HOUSING INCENTIVE PROGRAM AND COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF DUBLIN TO COMPLETE THE PROJECT Adopted (4.5 670-40) RESOLUTION NO. 3 -02 SUMMARILY VACATING PORTIONS OF PUBLIC SERVICE EASEMENT ENCUMBERING LOTS 2, 26, 42, 43, 91, 95, t01,107 AND 1t3 OF TRACT 6960 (STREETS AND HIGHWAYS CODE CHAPTER 4) EASEMENT QUITCLAIM DEEDS FOR Bruce Verstraete and Mary Verstraete Ratan Bajaj and Reema Bajaj Ramon R. Carino Jr. and Margie Carino Ashoorbell Moradkhan and Sheri Moradkhan Mark Housman and Mary Ann Housman Hooshang Yashar and Diana Yashar Aaron Patrick Loeb and Tracy Rae Davis Loeb Kung Kay Chiu and Sau Ping L. Chiu Thang Q. Huynh Authorized (4.6 600-35) Staff to advertise Contract 01-10 for bids, Dublin Boulevard Widening Project between Village Parkway and Sierra Court/Civic Plaza; Received (4.7 330-50) Financial Reports for the Month of December 2001; CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 4 Approved (4.8 600-35) $9,081 Budget Change for additional appropriation for Contract 01-13, Civic Center Fuel Tank Upgrade and approved Contract Change Order No. 1 in the amount of $6,300;. Received (4.9 100-80) Report on 2001 ~02 Goals & Objectives Status and CIP Schedule Approved (4.10 300-40) the Warrant Register in the amount of $4,094,856.71. Cm. Zika pulled Item 4.2 and stated he wanted to give publicity to the Altamont Cruisers Car Club and to publicly thank them for their efforts. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted (4.2 150-70) donation of $1,000 from the Altamont Cruisers to be used for drug education; approved a Budget Change; and directed Staff to prepare a formal acknowledgment to the donor. PUBLIC HEARING - TARGET STORE EXPANSION SITE DEVELOPMENT REVIEW AND SPECIFIC PLAN AMENDMENT 7:21 p.m. 6.1 (410~30/410-55) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report and advised that the proposed project consists of an approximately 15,000 square foot expansion of the existing Target retail store located at 7200 Amador Plaza Road, the upgrading to its associated parking lot, landscaping, exterior fagade and off-site improvements. The store is approximately 105,770 square feet with an attached 4,980 square foot garden center. The garden center will be demolished and approximately 5,000 square feet of the newly expanded enclosed building area will be located in that area. The overall project site area is 414,705 square feet in the Dublin Place Shopping Center, and is within the Downtown Core Specific Plan area of Dublin. Approximately 545 surface parking spaces and 12 disabled parking spaces are proposed on the property. Four hundred and two parking spaces are required by the zoning ordinance for this particular use. Ms. Harbin advised that on January 8, 2002, the Planning Commission determined it to be appropriate to transfer original hearing jurisdiction on this project to the City Council, CITY COUNCIL MINUT£$ VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 5 due to the magnitude of the project and its importance to the overall'development of the Downtown Core'Specific Plan area of the City. Ms. Harbin discussed: Consistency with Downtown Core Specific Plan; Consistency with General Plan and Zoning Ordinance; Circulation/Pedestrian Access;Access to Future Senior-Center Site; Landscaping,Design; and'Erivironrriental Analysis. Mayor Lockhart asked questions about the plaza area planned for the location of where the old theater was located. Ms. Harbin stated the plaza will include.perhaps some outdoor dining. Cm. Zika questioned the placement of the entrance roadway. We will require access off the driveway to the new Senior Center. Is this correct? Ms. Harbin replied that this is correct: • • Cm. McCormick stated she noted they will do some significant landscaping with 300 trees. These won't be palm trees, will they? Ms. Harbin stated-they will-have..to.comply with our Iandscaping.gui_delines and.match,.,_ n _ what's proposed for the Expo Design Center. Cm. McCormick asked if the lighting will include the whole area. Ms. Harbin stated Burlington ,n at this time is not proposing any an change. Staff has had architect with their chitect regarding some açade improvements but they have not yet responded.since Staff gave their comments... Cm Oravetz asked,if Staff felt there is.adequate parking? Ms. Harbin;discussed the fact that there are more:spaces than are required Staff`looked at the entire,center,and concluded thatthere is adequate parking. We,require 402` spaces and 557 are being,provided Cm Oravetz asked about the traffic flow. Ms. Harbin stated Public Works did an analysis and looked at the circulation and felt this is a good plan. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15,2002 PAGES Cm. McCormick stated it looks like a lot of space in front at the entrance and questioned if there are any plans for outdoor furniture or something like this. Ms. Harbin advised that in front they will be putting in some planters, fully landscaped to screen shopping carts. There is no furniture proposed at this time, but they are going to add landscaping. John Warren, SLS Associates in Concord, spoke on behalf of the Applicant. Janet pretty much covered the gist of the project. You will essentially see a brand new store in Dublin. There are no palm trees proposed. They will be putting in close to 1,000 shrubs. They are eager to get started. Cm. Zika asked if they will stay open during this process. Mr. Warren stated yes, and they hope to get underway during the summertime. They hope to start in March with the expansion and then from summer to October or so, will be the interior work. Landscaping will be done sometime in May or June. Cm. Oravetz stated he appreciates Target's involvement with the community. Erin Kovistad, PFRS Dublin Corporation, owner of the parcel, stated they support the expansion and look forward to working with the City on the access agreement. They hope to land strong tenants for the former Copeland and theater buildings. She stated, unfortunately, they do not own the Burlington parcel. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 4 - 02 APPROVING THE SITE DEVELOPMENT REVIEW AND SPECIFIC PLAN AMENDMENT FOR TARGET STORE EXPANSION PA 01-025 PUBLIC HEARING - DUBLIN SECURITY STORAGE - APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE AND SITE DEVELOPMENT REVIEW 7:38 p.m. 6.2 (450-40/410-30) Mayor Lockhart opened the public hearing. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 7 SeniorrPlanner Janet Harbin presented the Staff Report and advised that=on November 27, 2001,the Dublin Planning Commission denied a request from=Dublin Security Storage, located at 6005 Scarlett Court,for a Variance and Site Development Review for expansion of an existing warehouse and outdoor storage facili with additional storage units, totaling approximately 10,000 square feet. The Applicant, Glenn Kierstead, filed a letter of appeal of the denial based on: 1) the variance to the setback regulations'should be granted because other self storage facilities.have received.approval for zero rear or side yard setbacks; 2) the existing General Plan FAR density measurements substantially reduce the buildable area allowed, and previously approved expansions of this facility:: prior to the addition of the density ranges to the GP would not have been permitted; and 3) the City Council should allow a higher FAR for this site to permit further expansion consistent with the 1987 GP which-:was in effect when the property was purchased: Ms. Harbin stated the site consists of'two parcels totaling 6.61'acres, which presently contain approximately 98,600 square feet of building area. `A'variance is required to allow a zero-foot rear yard`setback in place of the'20-foot setback required'bythe Zoning Ordinance along the periphery-of the rear,property line The proposal is to locate twenty-five 10`i 20 and eight 5 x'10 foot storage units in the rear portion Of the northern parcel within the.setback area,-and.twenty two 10 x 20 and four 5 x.,10 foot storage.units on the southern parcel fora total of 10,000 square feet of additional outdoor storage_space, ,No_other.site improvements are proposed.,withwthis project.: Ms. Harbin discussed the Zoning and Building History, which date back to December 1968. The City's General Plan establishes a maximum'Floor Area Ratio (FAR) for land, use classifications and the existing storage area on the site exceeds the .40 FAR for this use by a ratio of .12. The applicant/appellant has been informed thata GPA would`be - necessary to deviate from the established_FAR for the site. In denying the Variance and SDR on, November 27, 2001,the Planning.:Commission made findings that the`project was inconsistent with the regulations of the Zoning Ordinance related to required setbacks in the M 1 zoning district and was not in conformance with the policies of the Dublin'GP related to the FAR for the Business Park/Industrial Outdoor Storage land use classification. The Planning Commission noted that it could not make the findings required for issuance of a variance and therefore, had no alternative but to deny,.<,therequest In summary, Ms. Harbin stated the proposed project does not meet the requirements of the zoning ordinance related to setbacks and there are no special circumstances applicable to the physical characteristics of the property,that deprive the property of privileges enjoyed by other properties in the vicinity and'the-same zoning classification. Granting of the variance would appear to be a grant of special privileges by allowing CITY COUNCIL MINUTES VOtelVig 21 REGUULAk`1VIEETING- January 15, 2002 PAGE='8 buildings to be located in required yard areas on a property that is overbuilt and has a minimal amount of landscaping, while other properties have been required to meet the setback standards and to landscape yard areas. Additionally, deviation from the maximum FAR for the land use category established by the GP is inconsistent with the GP. A GPA and environmental analysis would be necessary to support further development of the site. Given the City's present policies and regulations, it is Staff's opinion that the required findings for a variance cannot be made, and the Planning Commission denial of the project should be upheld. Ms. Harbin discussed the :5 options presented for Council consideration. Glenn Kierstead, Applicant, stated they are not applying for outside storage but inside storage. In the density ratio that they computed for Allsafe Storage they had a 55% FAR so he wasn't sure where the difference is. Dublin Storage has a 65% FAR. He concurred with U~Haul's, which they computed at about 65%. If you visit any other storage, the density is higher just because of the nature of the facility. Their facility is the only one in Dublin that has been required to do landscaping. He has been in business in Dublin for $1 years. He has been General Manager since 1980. He discussed the history of the parcel. Zero lot line in rear, application of FAR rule, and the non~conforming use as a result of the Gl' change are the $ issues. He discussed the other storage facilities in Dublin, their zoning, their set backs, etc. They were approved for a zero set back on the south, but they did not use it. They provided a $100,000 improvement to the channel. There is also a SO-foot road easement, which has been taken away 8% of their property. A Zone 7 water easement also restricts 5% of their property on the northerly boundary. This property qualifies for the conditions the Council could grant. Mr. Kierstead stated regarding the FAR issue, the down zoning has negatively affected their property. In computing the FAR for their property, Staff is also including the outside storage area. The Building Area Ratio is $2%, but they go to 44% when you add the outside storage. They actually will be decreasing the FAR by a total of 400 square feet on Parcels 1 and 2. There are actually two separate properties, even though they manage it as one. They will be exchanging outside FAR for inside FAR, so this will not have a great impact on the City of Dublin. The Council has the right and the ability to grant the variance, since they are actually reducing the FAR on the property. When the Gl' was adopted they went from a conforming use to a non~conforming use on the property. A simple solution may be to consider a rezoning on the property. They are not a big company and requested that they be allowed to continue with their original request to expand. If the Council would like to view the property, they would request a continuance. CITY COUNCIL MINUTI~S VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 9 Cm. Oravetz clarified that east is a drainage canal, north is Zone 7 easement and other side is another road easement. He asked if they have any neighbors? Mr. Kierstead stated they have been good neighbors all along. They have had no problems with the people in front of them - the car sales people. 84 Lumber is to the right of them. They don't impact a lot of people. They probably have less than 200 or 300 cars a day going there. Frank Cameron, Tracy, stated he lived in Dublin for about 15 years starting in 1965. He served for 8 years on the County Planning Commission. He understands the situation here. He is an investor and partner in the mini-storage since 1980. Storage in the community is a real service to the community. There needs to be some place to put RVs so they aren't on the streets. The zero lot line appears to be viable as there is really nothing around them. He requested that the Council consider this variance and allow them to grow and provide a valuable service to the community. John Bannert, Livermore, stated he has lived in the community for 32 years and is Manager of Dublin Storage. Allowing them to go on with this project would improve the curb appeal as you go down Scarlett Drive. Also, it would help them with security problems of people going through the fence lines. Nissan improved part of the area. Problems do occur, security~wise. Fred Musser, Planning Commissioner, stated in their consideration of this particular project there were a number of issues, and they found it difficult to make the necessary findings to grant the variance. In looking at this property and the other properties, most were developed under the County or other zoning. Under existing zoning and GP, they could not make the findings. Cm. Oravetz asked if it was a unanimous decision by the Planning Commission. Mr. Musser replied yes, with one Commissioner absent. Mayor Lockhart closed the public hearing. Mayor Lockhart asked if it would be possible for the Council to go to the site and see exactly what they are talking about. Cm. Oravetz concurred. Ms. Harbin stated it would be possible for the Council to take a field trip. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 10 Ms. Silver stated it would have to be a noticed meeting to a date and time specific. Under the Ordinance, they have to make a decision within 75 days of the day the appeal was filed (December $, 2001). Cm. McCormick concurred and stated photos would have been very helpful. Mayor Lockhart made a motion, which was seconded by Cm. Zika, to continue the item in order to do a field trip and take a look at the site. Ms. Silver advised that the Council should continue the item to a special meeting at 4:00 p.m., on February 5th. They would then continue to a regular meeting on the same date at 7:00 p.m. On motion of Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council agreed to continue the item as stated above. RECESS 8:12 p.m. Mayor Lockhart called for a short recess. Councilmembers present. The meeting reconvened at 8:20 p.m., with all ART IN THE PARKS - TED FAIRFIELD PARK 8:20 p.m. 7.1 (600~30) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that the Ted Fairfield Park Art Selection Committee, the Heritage & Cultural Arts Commission and the Parks & Community Services Commission are recommending approval of the park artwork design proposal. Art Consultant Lynne Baer advised that the Art Selection Committee selected 5 artists to prepare proposals and maquettes for the park artwork, and a proposed work entitled "Birdwatch" by Johanna Poethig was selected. The piece is a ceramic work celebrating the birds in the area in a colorful and amusing play on the practice of bird watching. The site for the piece is the retaining wall across the bridge from Dublin Ranch Drive. CITY COUNCIL MINUT£S VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 11 Ms. Baer pointed out that Mr. Fairfield was in the audience as was Kasie Hildenbrand, who was on the Art Selection Committee. Ms. Baer stated the Public Works Department as well as the Police Department review the selected artwork and provide comments from their perspectives. It is approximately 200 feet long. The tiles are 6" x 6" with some 12" x 12". It will have a sealant. Tiles are very difficult to graffiti, so there hasn't been much problem. It should be completed in August. It will abut the sidewalk. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the proposed artwork, "Birdwatch" for Ted Fairfield Park and authorized the Mayor to execute the Agreement. SAFEWAY - PUBLIC ART CONDITION CLARIFICATION 8:30 p.m. 7.2 (900-50) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that Staff is requesting that the Council review the Condition of Approval related to the provision of public art in the Safeway retail development project and provide direction to Staff on implementation of the Condition. On March 6, 2001, the City Council considered the SDR for the Safeway retail development and a condition was added to the SDR: Public Art. The applicant/developer shall provide the following public art: (1) a clock tower at the comer of Dublin Boulevard and Amador Plaza Road with public art integrated into the design of the clock tower; and (2) a public art piece at the main project entrance along Dublin Boulevard (and as identified as location for "~uture public art loca~bn" on the approved site plan, labeled Attachment D. The final design and precise locahbn of the above items shall be subject to the recommendation by the Heritage & Cultural Arts Commission with final approval by a majori& vote of the City Council. Art Consultant Lynne Baer and City Staff met with Safeway personnel for an initial discussion of the artwork requirements and the text of the condition was reviewed and discussed. At that meeting, Safeway personnel indicated that the total budget for artwork for the project would be $50,000. Ms. Baer feels that a quality clock tower created by an artist of the size most appropriate for the site could cost $50,000. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 12 Due to the fact that the proposed artwork project is not in keeping with the conditions of the SDR, i.e. only the clock tower is being proposed, Staff requests that the Council clarify the condition before Safeway confirms a contract with the artist and the design is brought before the Heritage & Cultural Arts Commission and the City Council for review and approval. A secondary work of art at the main entrance was identified in the SDR and the budget for such a work could be in the $10,O00 ~ $25,000 range, including possible demolition, engineering and installation requirements. The cost of a secondary work was not included in the total $50,000 Safeway art budget. Cm. Zika asked if they would be shown what the clock looks like. Ms. Leonard stated the model is not yet complete. Mayor Lockhart stated she did not feel she was at the same meeting as Staff that night. She read excerpts from the minutes related to the discussion about the clock. She felt it was partially her fault in not looking more clearly at the conditions. Mr. Farrell was given a catalog of clocks. The Safeway sign already exists and they talked about cars being able to see a clock. She felt the corner site is the preferred site for whatever goes there. Cm. Oravetz concurred and stated he would like to see the clock on the corner. Cm. Zika stated he felt if they are going to develop a model, what he saw is not an old~ fashioned clock and not what they had in mind. He commented he would hate to see them waste their time and money if this is not what theywant. Cm. McCormick discussed original art versus a catalog clock. Catalog art does not qualify for art under our program. This is like buying a couch from Levitz. You will find these clocks sitting in a thousand other cities. So far, this has been our program and this is what we are known for. She stated she will not vote for a catalog clock. Ms. Baer stated in working with artists, they have a very different intuitive way of interpreting things. She requested that if the model comes through, the Council listen to how it evolved. Safeway is enthusiastically involved with this for a number of reasons. She asked if they could bring forth a model and then discuss the issues. Mayor Lockhart stated she thought they were pretty clear with regard to the concept they bought into. In our community, there are a variety of different tastes. Art is in the eye of the beholder. There's a place for all kinds of art in our community. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 13 Ms. Baer requested that they look at this with an open mind. Mayor Lockhart stated she was hoping we would get creative with what's around the artwork. She doesn't want to exclude this type of artwork and would be willing to look at this. Cm. McCormick stated she had never seen a picture of the clock. Ms. Leonard asked about a second piece, and if the Council is abandoning this. Mayor Lockhart stated originally they talked about a clock and something to do with family with it. This was the concept of having two pieces. Either location would work and they talked about having life size bronze sculpture with it. Mr. Ambrose stated if there is a consensus of something else with the clock, this would cause us to go back and work with Safeway to work on this condition. People have spent a lot of time on this and we wanted to avoid having to come back to the Council with missing elements that the Council really wanted to see. We hoped to try and save some time on this issue. He requested clarification to ensure that Staff meets the condition as the City Council intended. Mayor Lockhart stated she couldn't answer the question. If a majority doesn't approve - the piece . . they're going on duel tracks. Cm. McCormick felt they could approve a clock in that area and then a second piece with something in the plaza would cost an additional $10,000 to $20,000. What they're talking about is who will pay for this additional piece. Cm. Zika stated if we go for the catalog clock, we still have money that Safeway has committed and why couldn't this go in the secondary location? Mr. Ambrose stated this is what Staff is trying to clarify: We don't want to have it go through the commissions if this is clearly not what the City Council wants. He clarified that the City Council is willing to have one.art piece on the corner,then again asked about a secondary piece. Mayor Lockhart stated again, she could not answer. Ms. Leonard stated this is just a proposal at this time. Mayor Lockhart stated it is obviously important for someone that they look at this piece. CITY COUNCIL MINUTES - VOLUME 21 REGULAR MEETING January.15, 2002 PAGE 14 • Mr. Ambrose asked if two conceptual proposals could be presented? Ms. Leonard stated they could go back to Safeway and ask. Mayor Loc~art stated she felt Safeway was amenable. Mr. Farrell would just like us to make up our minds and get on with it. They could look at two and they decide for the corner. Ms. Leonard stated they will have a model of the one and will see if they can get one of the other. The Council concurred with Mayor Lockhart's request for life size bronze sculptures of people. Mayor Lockhart stated she felt it would be better to bring this to the City Council first and then take the selection before the Commissions. Cm. Zika asked why it would go back to the Commissions if the City Council has made a decision. Mayor Lockhart stated they could get the Commission's input. Cm. Zika questioned if they've made a decision, why go back through the loop. Cm. Oravetz stated he would like to see it on an individual basis as soon as available. It was clarified that it will go to the Heritage & Cultural Arts Commission first. ST. PATRICK'S DAY PROMOTIONS 8:56 p.m. 7.3 (950~40) Parks & Community Services Manager Paul McCreary presented the Staff R~eport and advised that artwork for the 2002 St. Patrick's Day Festival has been developed for use on the glassware, t-shirts and posters. It has also been suggested that the Civic Center fountain be operated with a green water effect to promote St. Patrick's Day in Dublin. Staff requested direction from the City Council on promotional ideas for the Festival, including: 1) select preferred color combination for t-shirts; 2) select preferred design for glassware; 3) select preferred poster design; and 4) if the Council favors operating the fountain, approve a Budget Change allocating $700 from Unappropriated reserves. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 15 The City's St. Patrick's Day Website is www.dublinstpats.com. Cm. Oravetz asked how difficult it is to illuminate the fountain? Mr. McCreary stated they would just switch out the lights. Mayor Lockhart commented from what she had heard, people really like it when the year is on the t-shirt and the glassware. They collect them. Cm. Zika stated if the year is not on it, they could be used from year to year. The City Council indicated a preference for the green t-shirts with white design and lettering and requested that the year be added. Of the 3 designs presented for the glasses, the Council liked the one on the right. On the posters, Mayor Lockhart commented she likes the castle in the background. She stated she would like to see a dark haired child rather than a blond. The Council selected first one, designated 3A. The City Council also liked the idea of green lights in the fountain, and approved the Budget Change of $700. REQUEST TO INITIATE A GENERAL PLAN AMENDMENT STUDY FOR REMOVAL OF THE EASTERN EXTENDED PLANNING AREA DESIGNATION 9:05 p.m. 8.1 (420-30) Senior Planner Janet Harbin presented the Staff Report and advised that this proposal would initiate a study to amend the City's General Plan to remove the boundaries of the Extended Planning Area east of the area proposed for future annexation by the East Dublin Properties. The Eastern Extended Planning Area encompasses Doolan Canyon and includes approximately 2,744 acres lying north of 1-580 and between the incorporated boundaries of Dublin, San Ramon and Livermore. The City has no plans to urbanize this area in the near future. Cm. McCormick asked about the timeframe for the study. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 16 Ms. Harbin stated about a month or month and a half and there would be a public hearing after that before the Planning Commission and then to the City Council. Carolyn Morgan, Doolan Canyon, asked if we are removing the designation or removing the area? Ms. Harbin stated we are removing the designation. It would still be shown on maps, but it would not be part of the City. Mr. Ambrose clarified the proposal would be to study the area to remove the area from our GP. Ms. Silver stated under state law, a city can consider what it considers its planning area and our GP currently includes this. If it's removed, we would be stating we have no interest in this area. Ms. Harbin stated the study would include the impacts. Cm. McCormick asked if a future City Council could change this in the future. Ms. Harbin stated yes, a future Council could with a General Plan Amendment. Mr. Ambrose stated a future Council can modify its General Plan. Some agencies establish them by election. Alameda County did this with Measure D. The study will discuss the advantages and disadvantages. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 5- 02 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR THE EASTERN EXTENDED PLANNING AREA CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 17 AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING EXPENDITURES CREATED BY THE ALTAMONT LANDFILL SETI'LEMENT AGREEMENT ~:1£ p.m. 8.2 (~00~40/110~$0) Administrative Analyst Jason Behrmann presented the Staff Report and advised that this Agreement stipulates that the County will use its vote on the Open Space Advisory Committee to ensure that open space fees allocated to the Dublin~Pleasanton area as part of the Altamont Settlement Agreement are distributed evenly between the Cities of Dublin and Pleasanton. Alameda County is responsible for convening the Open Space Advisory Committee. Based on recent conversations with the County, it is anticipated that the County will send letters to all affected jurisdictions regarding the formation of the Committee in January or February 2002. At this time, it would be appropriate for the Council to appoint a Councilmember to serve on the Committee as a non~voting representative. Cm. McCormick stated she wanted to clarify, after the committee makes its recommendations, since Dublin is not included as a voting member, Pleasanton will be bound to reject it by this agreement if Dublin has not approved it. Mr. Ambrose stated both Fleasanton and the County have been cooperative in trying to understand our needs. Mayor Lockhart stated Jason Behrmann has worked very closely on this issue through the Waste Management Authority. She stated she would like to represent us on the Committee. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 6- 02 AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY REGARDING EXPENDITURES BY THE OPEN SPACE ADVISORY COMMITTEE CREATED BY AN AGREEMENT SETTLING LITIGATION OVER THE EXPANSION OF THE ALTAMONT LANDFILL and appointed Mayor Lockhart to the Committee. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 18 OTHER BUSINESS 9:16 p.m. Mr. Ambrose reported that the City of Livermore is attempting to schedule a Tri~Valley Council meeting for February 6th. If the Council has items for the agenda, they can let Staff know. Mr. Ambrose announced that there is going to be a media tour convoy of the new 1-580/680 flyover ramp on Thursday at 1 p.m. Those going should meet at the job site trailer on Gleason Drive on the future fire station site at the CHP facility. There will be a grand opening later in the month. Cm. McCormick reported that she and Mayor Lockhart met with representatives from Alameda County regarding the juvenile hall facility. We are still opposed and they are not. They are trying to move ahead with the building, which is still to be 420 beds. The County is not willing to deal. Cm. McCormick reported that on January 30th at 7 p.m. starting at Wells School, there will be a walk for Ilene Misheloff who disappeared 13 years ago. There is a walk each year from Wells to St. Raymond's, where there will be an ecumenical service. Cm. Zika stated he had the honor of representing the City Council at Nicholas Andrade's Eagle Court of Honor on December 29th and presented a proclamation. It was a very nice Court of Honor. He also congratulated Nicholas' parents, as he received a thank you note within a week. Cm. Oravetz stated the Alameda County Library Commission on which he serves has not yet met this year. Cm. Oravetz advised that he will attend Thursday night a League of California Cities meeting. Senator Torlakson will be the speaker. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January 15, 2002 PAGE 19 Cm. Oravetz thanked the Boy Scout Troop for collecting Christmas trees here in Dublin. The community thanks them for their work' Cm. Oravetz reported that the AM/PM is back in business and the owner told him they will compete with Safeway for the price of gas. Cm. Oravetz thanked Dublin citizen Justin Peele, who plays football as a tight end for the Oregon Ducks. He represented Dublin very well, and it was very nice hearing the announcer say he is from Dublin, California. Mayor Lockhart stated she will be doing her first State of the City address tomorrow at the Chamber of Commerce meeting at the Monarch Hotel. Mayor Lockhart announced that this Friday evening will be former Mayor Houston's farewell party. It is also being held at the Monarch Hotel. Mayor Lockhart stated February 1 st is the City's 20th anniversary dinner. A very nice event will be held that evening at the Shannon Community Center. Anyone interested in attending can contact City offices for information. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:24 p.m. ATFEST: City Clerk Kay Keck Mayor Janet Lockhart CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING January t8, 2002 PAGE 20