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HomeMy WebLinkAboutItem 4.01 Draft CC 12-03-2002 Min REGULAR MEETING - December 3, 2002 Mayor Lockhart announced that the Closed Session would be moved to end of meeting. A regular meeting of the Dublin City Council was held on Tuesday, December $, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor LockharL ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. CERTIHCATION OF NOVEMBER 5, 2002 ELECTION RESULTS 7:06 p.m. $.1 (650~$0) City Clerk Kay Keck presented the Staff Report and advised that the City of Dublin voter turnout for the November 5, 2002 election was 51.$%. Of 1 $,$25 registered voters, a total of 6,857 ballots were cast in the City of Dublin. janet Lockhart ran unopposed for Mayor. She received 5,385 votes, and was thus elected to a 2 year term as Mayor. The candidates for 2 Council positions were: ClaUdia McCormick (4,101 votes), George Zika (5,627 votes), Mark Breazeal (1,027 votes), Elpi Abulencia (879 votes) and Shawn Costello (81 S votes). Claudia McCormick and George Zika received the most votes and were elected to 4 year terms on the City Council. Cm. McCormick pointed out that the Registrar of Voters had misspelled her name. CITY COUNCIL MINUTES VOLUME Z 1 ' ' '~ a REGULAR MEETING : December 3, 2002 PAGE 593 On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 221 -02 RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED MAYOR AND COUNCILMEMBERS 7:10 p.m. 3.2 (640-60) City Clerk Kay Keck administered the Oath of Office to newly elected Mayor Lockhart and Councilmembers McCormick and Zika, congratulated them and presented each with a framed Certificate of Election. S£1.£CTION OF VICE MAYOR 7:13 p.m. 3.3 (610-20) Each year, at the City Council's first December meetin$, a member of the City Council is selected to serve as Vice Mayor for a period of one year. In the absence of the Mayor, the Vice Mayor would become Mayor Fro Tempore and would assume the temporary responsibilities of the Mayor. Mayor Lockhart stated because Ms. McCormick had served a short term as Vice Mayor, she would like to $ive her the opportunity to serve another full term. Cm. Sbranti stated he would support this and in the future, he would like to see a yearly rotation. Mayor Lockhart ensured the City Council that it is her intent to rotate the assignment in the future. On motion of Mayor Lockhart, seconded by Cm. Sbranti, and by unanimous vote, the Council selected Ms. McCormick to serve as Vice Mayor until December of 2003. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 594 CITY COUNCIL ORGANIZATION/COMMIT1ZE APPOINTMENTS/ASSIGNMENTS 7:15 p.m. $.4 (110~30) Individual members of the City Council represem the City of Dublin on various local and regional boards/committees/commissions. The current appointment list was approved in April, 2002, when newly elected Cm. Sbranti was sworn into office. The current list is as follows: COMMITTEE REPRESENTATIVE Alameda Co. Fire Department Advisory Commission Lockhart Alameda County Housing Authority McCormick ~co.~.~ Alameda County Library Advisory Commission SbrantilOravetz (Alternate) Alameda County Mayors' Conference Lockhart Alameda County Waste Mgmt Authority JPA Lockhart/Sbranti (Alternate) Audit Ad Hoc Committee McCormick/Oravetz Association of Bay Area Governments General Assembly McCormick/Zika (Alternate) Bus Shelter Art Selection Committee McCormick Cityhood (20 Year) Celebration Ad Hoc Committee Lockhart/Zika Citizen/Organization of the Year McCormick/Oravetz Congestion Management Authority Zika/Sbranti (Alternate) Downtown Study Task Force Lockhart DSRSD Liaison Committee Lockhart/Zika Dublin Pride Week Committee McCormick/Oravetz Dublin Unified School District Liaison Committee Lockhart/McCormick East Bay Division/League of CA Cities Oravetz/McCormick (Alternate) East Bay Regional Park District Liaison Committee Lockhart/McCormick Energy Feasibility Study Subcommittee Lockhart/Oravetz Housing Task Force (Non. Residential Affordable) Lockhart Housing Task Force (Housing Element of GP) Lockhart/Zika Housing Task Force (Commercial Linkage Fee) Zika/Sbranti 1-580 Corridor/BART to Livermore Study Policy Comm Zika/McCormick (Alternate) Job Training Partnership Act/PIC Sbranti League of CA Cities Voting Delegate & Alternate Oravetz/McCormick League of CA Cities Legislative Delegate Program Oravetz/Sbranfi (Alternate) Livermore-Amador Valley Transit Authority JPA Lockhart/Oravetz/Sbranti (Alt) Livermore City Liaison Committee Lockhart/McCormick CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 595 Pleasanton City Liaison Committee Lockhart/McCormick San Ramon City Liaison Committee Lockhart/Oravetz Sister City Intemational Committee Lockhart/McCormick Tri-Valley Affordable Housing Committee Zika/McCormick (Alternate) Tri-Valley Transportation Council McCormick/Zika (Alternate) Zone 7 Liaison Committee Lockhart/McCormick K21Gicc.rntgstCURRENTapptmt.jl.doc (Updated 4/2/02) Mayor Lockhart presented a revised list for consideration: COMMITTEE REPRESENTATIVE Alameda Co. Fire Department Advisory Commission SBRANTI Alameda County Housing Authority McCormick (co.,..~ ~.aco ~r, o,S.po..o~) Alameda County Library Advisory Commission SbrantilOravetz (Alternate) Alameda County Mayors' Conference Lockhart Alameda County Waste Mgmt Authority JPA Lockhart/Sbranti (Alternate) + McCORMICK (ALT.) Audit Ad Hoc Committee LOCKHARTISBRANTI Association of Bay Area Governments General Assembly McCormick/Zika (Alternate) Citizen/Organization of the Year McCormicldLOCKHART Congestion Management Authority Zika/Sbranti (Alternate) DSRSD Liaison Committee Lockhart/Zika Dublin Pride Week Committee McCormick/SBRANTI Dublin Unified School District Liaison Committee Lockhart/McCormick East Bay Division/League of CA Cities Oravetz/SBRANTI (Alternate) East Bay Regional Park District Liaison Committee Lockhart/McCormick Housing Task Force tr~-~.~,, ~,,r,~,.,, =~,,~ Zika/Sbranti 1-580 Corridor/BART to Livermore Study Policy Committee Zika/McCormick (Alternate) CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING December 3, 2002 PAGE 596 Job Training Partnership Act/PIC Sbranti League of CA Cities Voting Delegate & Alternate Oravetz/SBRANTI League of CA Cities Legislative Delegate Program SBRANTIIORAVETZ(Altemate) Livermore-Amador Valley Transit Authority JPA LockhartJOravetz/Sbranti (Alt) Livermore City Liaison Committee Lockhart/McCormick Pleasanton City Liaison Committee Lockhart/McCormick San Ramon City Liaison Committee LockhartJOravetz Sister City international Committee LockhartJlVIcCormick TH.Valley Affordable Housing Committee Zika/LOCKHART (Alternate) Tri-Valley Transportation Council McCormick/SBRANTI ,(Alternate) Zone 7 Liaison Committee LockhadJMcCormick K21GIcc.mtgslCURRENTapptmt.jl.doc (Updated 12/3102) Cm. Sbranti stated he felt the appointments are good. Different Councilmembers are allowed to serve on different committees. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council confirmed the Mayor's AppOintment/Assignment List and directed Staff to notify affected agencies. ACCEPTANCE OF GIFt TO CITY FOR THE MURRAY SCHOOL BELL TOWER PROJECT 7:17 p.m. $.5 (150~70) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the Murray Schoolhouse Bell Tower reconstruction has been spearheaded by the efforts of three community~based organizations. The Dublin Rotary Club, in partnership with the Dublin Historical Preservation Association proposed a project whereby they would provide matching funds to the City for the project. The Dublin Rotary Club and DHPA will present a check to the City in the amount of $2 5,000. Included as a primary participant in the project, the General Federation of Women's Club (GFWC) Dublin~San Ramon Chapter has committed to purchasing the bell, and a representative from this club will present a check to the City in the amount of $4,150. Slides were shown of the prog/'ess made this last week. CITY COUNCIL MINUTt~S VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 597 Dave Burton representing the Dublin Rotary Club and Steve Lockhart representing DI-IPA presented a giant check to Mayor Lockhart. Mr. Burton stated they committed to raise half the money about a year and a half ago, which at the time, was estimated to be $50,000. A check for $25,000 was presented to the City. This is a hallmark for history and he is delighted that we will give some authenticity to it. The Women's Club bought the bell. The tower will be massive. Steve Lockhart has been co-chair. They have enough money to also pay for the plaque and flagpole, which is yet to be worked out. This is going just fine, but it won't be this year. Steve Lockhart congratulated those who were re-elected. He advised that they had hoped to do this for 20 years. Dave spearheaded this and brought it all together. Official funds have been deposited with the City Clerk. Eve Feiler and Martha Pittore from the Women's Club stated their check is a lesser amount and much smaller. Others in the group were asked to come forward to present the check, including Cm. McCormick. Ms. Feiler presented a check for $4,150, which represents full payment for the cost of the bell. On motion of Mayor Lockhart, seconded by both Cm. McCormick and Cm. Zika, and by tmanimous vote, the Council accepted the gifts and directed Staff to prepare formal acknowledgments to the donors. ACCEPTANCE OF GIPTS TO CITY FROM DAY ON THE GLEN FESTIVAL SPONSORS 7:26 p.m. :3.6 (150-70) Parks & Community Services Manager Paul McCreary presented the Staff Report and advised that the 2002 Day on the Glen Festival was held on Saturday and Sunday, September 21~t and 22nd at Emerald Glen Park. The City received $18,500 in sponsorships for the festival. In addition, the City received overwhelming support in the form of in-kind donations of goods and services from local businesses. In recognition of their contributions, the sponsors were presented with Certificates of Appreciation, as well as glassware and skateboard competition t-shirts for their support of the festival. Representatives from the following companies received recognition: Trumark Companies, Tri-Valley Herald, Sybase, Hacienda Crossings and Checkers Catering. CITY COUNCIL 1VIINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 598 Mr. McCreary stated Staff will coordinate with those companies not represented. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council formally recognized the donors for their contributions and accepted the gifts. ACCEPTANCE OF GIFF TO DUBLIN HERITAGE CENTER 7:51 p.m. $.7 (150~70) Teresa Yvonne presented the Staff Report, and advised that Mr. Denis Roda has offered a piano to the Dublin Heritage Center as a g/ft. The upright piano is in fair condition and maintains tune. It will be used frequently by the Dublin Community Choir for practices and performances. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council accepted the gift and directed Staff to prepare a formal acknowledgment to the donor. Mayor Lockhart asked if anyone wished to speak on a non-agendized item and requested that comments be limited to no more than $ minutes. 7:52 p.m. David Bewley, Brittany Lane, congratulated the Mayor and Councilmembers on their re~ election, and asked that we put on a future agenda a project that was before the Council previously related to Black Mountain Properties. They request that the City look into a series of issues on this and provide guidance. Seven custom lots were to be developed and to be a single project. It appears some of the lots are being developed separately. As neighbors, they had a letter with 17 signatures, and asked that this be agendized for future review. They are looking for some certainty on this project. There were 112 conditions placed on this development. Their understanding is that if it isn't developed within the time limit, it is null and void. They believe it is no longer being developed in a phased manner, and feel a new SDR is in order. Substantial modifications are on lot 8 as they are looking to build near a heritage tree. There were S5 mandatory conditions relating to heritage trees. The Heritage Tree Ordinance specifically states trees must be preserved. There has been an unauthorized cutting of one of the trees with a crew of 4 or 5 people. They took issue and called the City and were told they had permits. They cut one limb off and stated they were through. They would like to see signs put on CITY COUNCIL MINUTI~S VOLUME 7.1 REGULAR MEETING December 3, 2002 PAGE 599 heritage trees and conditions could also be put somewhere on the lot so people looking to buy will have no misunderstanding. People could look at fines as simply a cost of doing business. We should strengthen the Ordinance to say if you cut a tree, you must replace it, in addition to a higher fine. Look at lots 8 and 9; as they feel conditions weren't followed. Look into some way where these specific conditions could be a part of the deeds. He stated he would like the letter included in the record. Copies were provided to the City Clerk for distribution to the Council. Cm. Oravetz asked if the ideas were included in the letter. Mr. Bewley stated no, but he could write out his comments and get them to the City Clerk. They are requesting 3 separate conditions for heritage trees and feel the Ordinance can be refined. 7:45 p.m. Bruce Fiedler, Hemlock Street, read a statement, copies of which were provided to the City Council and City Clerk: "A few years ago, I had occasion to bring to these Council Chambers a series of photos of businesses along Castro Valley Boulevard, Dublin Boulevard, and East Fourteenth Street on Oakland and San Leandro. Sadly~ there were equally bad looking sites in each ci&. The council did take action to revise the sign ordinance and to do some enforcement. I am glad to say that there has been signitTcant improvement in most parts of our communio'. But~ there are a few merchants whose signs and other advera'sing cb'splays make a mess of the downtown shopping area that this communio' is tou'ng to improve - even to the point of investin$ a considerable sum on downtown monuments and to a welcome arch on St. Patrick Drive. I believe you will consider the monument item later in your meetin~ and I want to express the opinion that the 35 foot version suggested by Councilmember Sbranli is a belier size for those four corners. But back to the matter at hand This morning I visited three businesses win'ch have a significant amount of approved signage, and an e~mgious amount of non-approved signage and other displays. I have provTded photographs for your consideralion, and will list those items at this time. Auto Dealer ~'A ": Approved permanent signs: Six brand and agency signs on the building. But in addition, them am 30 vertical fabric signs~ 6 red, white and blue tlags on light poles~ g9 balloons, and antenna pennants on many cars. Auto Dealer ~B~' Approved permanent signs: Two lighted towers~ four brand and agency signs~ and another four informah'onal signs on the builcb'ng. In adcb'~'on there are g4 vertical fabric signs, $ swivel signs~ $ 7 balloons already up and about 20 more being attached to cars. Auto Dealer aC'~.: Approved permanent signs: Three tall lighted towers~ three monument signs, ten brand and agency signs on the buildings. In adcb'lion there are $$ ver~bal fabric signs on poles~ 126 balloons up and about tweno' more going up on cars~ plus an arch of md and green helium balloons~ and a fabric banner on the freeway side of one building. I am aware that these three businesses bring s~3,nificant tax revenues to the ciO'. I am also aware that when sign ordinances CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 600 are tax, or not enforce~ commercial gr~Sfid prohferates m~d business di~tn'ots devolve into slums. ~is hu~s other bus~esses in the area as customers ~ to other communi~bs or to other shoNN~g ~t~cts that show a liHle more class. I have ~en he~en~ to see Dublin ~o~n~ ge~g a new libra~ and ~nior cent~ new stores at Hacien~ and Tassajara~ ~d l am loo~ fo~d to a N~r of ~ansit centers at the B~Tstations. But I ~so se~ the averag~ home adjb~g communi~ valued at ~150~000.00 more t~n a s~il~ home ~ DubS. this to our declining do~to~ a simaDbn that has been fu~er a~ravat~ by a few bUs~s~s ~at l~k ~ a ca~v~ sidesho~ ~d I ~hbve the ~o~t of t~ r~venues lost ~au~ other bus~esses f~l to ~ve is ~mater th~ the revenue that might ~ ~a~ in by ba~ers and baNoons. So~ I ~g~ the counc~ to Nro~d~ ve~ s~ific ~bection to s~ff to e~orce the ordnances we no.have that relate to the ap~arance of o~ business comm~i~ and to do ~ on an ongo~g basis ~th the ~me ~gor as~lice of~cers enfo~ our ~fic ~ws. Ialso urge the council ~o ~rsonally ~ew these l~ations ~d ~en to consider such re.sion to the sign ordnance as may ~prov~ the tone of our co~uni~ and help aN of our do~Io~ merchants thrive. ~ank you for your ~d aHen~bn. I l~k f~ward ~o seeing action on this maHe6 and I offer such assis~ncv as I may ~ able toNe.de." CONSENT CALENDAR 7:51 p.m. Items 4.1 through 4.10 Cm. Sbranti pulled Item 4.1, minutes of the November 19t~ City Council meeting. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Authorized (4.2 600~35) Staff to advertise Contract 02~20, Street Light Pole Replacement~ Phase Ir for bids; Authorized (4.3 600~35) Staff to advertise Contract 02~ 19, Civic Center Generator~ for bids; Adopted (4.4 600~60) RESOLUTION NO. 222- 02 ACCEPTING IMPROVEMENTS FOR RIGHT-TURN LANE WIDENING ON DUBLIN BOULEVARD AND HACIENDA DRIVE FOR PARCEL MAP 7223 "HACIENDA CROSSING" AT OPUS WEST RETAIN PHASE II (OPUS WEST CONSTRUCTION) CITY COUNCIL MINU'I%S VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 601 Adopted (4.5 600-60) RESOLUTION NO. 223- 02 ACCEPTANCE OF IMPROVEMENTS, TRACT 7022 (TASSAJARA MEADOWS !1, MISSION PEAK HOMES, INC.) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.6 600-30) RESOLUTION NO. 224- 02 APPROVING AN AMENDMENT TO THE IMPROVEMENT AGREEMENT FOR PARCEL MAP 7589 (WATERFORD PLACE/THE SHOPS AT WATERFORD BY SHEA HOMES LIMITED PARTNERSHIP) Adopted (4.7 600-60) RESOLUTION NO. 225- 02 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENTS FOR TRACT 7252, DUBLIN RANCH AREA A (TOLL CA, L.P.) Adopte~ (4.8 600-$0) RESOLUTION NO. 226- 02 AUTHORIZING WAIVER OF COMPETITIVE BID AND APPROVING CONSTRUCTION SERVICES AGREEMENT WITH MANUEL BROS., INC., TO REPAIR DAMAGED UNDERGROUND FIBER-OPTIC TRAFFIC SIGNAL INTERCONNECT CABLE ON DUBLIN BOULEVARD and established a new Capital Improvement Project and approved a Budget Change; Approved (4.0 600-$0) an amendment to the City Manager's Employment Agreement effective July 2002, which represents a 4.56% increase in the City Manager's total compensation package; CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING December 3, 2002 PAGE 602 Approved (4.10 300-40) the Warrant Register in the amount of $:3,458,603.72. Cm. Sbranti pulled the November 10th minutes and referenced the bottom of page 577 (Item 6.4 - Housing Element) "Cm. Sbranti stated a lot of work went into this. One issue he brousht up was the concept of affordable by desisn. He was not sure this needs to be addressed in the document...." Cm. Sbranti stated he would like this corrected to say, "He was very sure this should be included in the document." On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council approved (4.1) Minutes of Regular Meeting of November 10, 2002, with the correction to page 577. PUBLIC HEARING - AMENDMENTS TO THE DUBIJN MUNICIPAL CODE CHAF1ZR Z. 12 - PLANNING COMMISSION 7:53 p.m. 6.1 (660-20) Mayor Lockhart opened the public hearing. Assistant City Manager Joni Pattillo presented the Staff Report, and advised that this is the second reading of an Ordinance that will amend the Dublin Municipal Code Chapter 2.12, Planning Commission. The amendments relate to the term length of the Planning Commission, as well as establishing an acceptable level of attendance. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Cm. McCormick clarified if this passes, it will take effect in 30 days. What about new appointments, will they be covered? Mayor Lockhart stated yes, it will cover those serving when it takes effect. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUT£S VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 603 ORDINANCE NO. 20- 02 AMENDING DUBLIN MUNICIPAL CODE CHAPTER 2.12 TO PROVIDE FOR TERM LIMITS AND FOR REMOVAL OF PLANNING COMMISSIONERS FOR LAPSE IN ATTENDANCE PUBLIC HEARING DUBLIN TRANSIT VILLAGE CENTER PLANNING AREA PLANNED DEVELOPMENT (PD) REZONE/STAGE I DEVELOPMENT PLAN FOR THE DUBI.IN TRANSIT VII.IAGE CENTER PLANNING AREA PA 00-01 $ 7:56 p.m. 6.2 (420-30) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this is the second reading of an Ordinance amending the Zoning Map to rezone property and approving a related Stage I Development Plan for the proposed development of a 91-acre mixed use Transit Village, including High Density Residential, Campus Office, Neighborhood Park, Neighborhood Commercial and uses supportive of transit oriented development. Cm. Oravetz asked if we had received any comments since the last meeting. Mr. Porto replied none had been received. Cm. Sbranti asked what the process is from here in terms of a timeline. Mr. Porto stated zoning will be in place in $0 days at which point applications could be received for a stage 2 development agreement and site development review. Mr. Porto stopped and stated apparently the City Attorney had different information. City Attorney Silver referenced page $ of the Ordinance. Section 6 states, ~Parkland planning for the project also anticipates approval of a General Plan amendment on Site 15A of the County Surplus Property Authority lands. The project PD-zoning and this Stage 1 Development Plan shall not be effective until the above general plan amendments and specific plan amendment are approved and effective." This is the site next to Sybase. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 604 Cm. Sbranti asked if there are any new concepts being worked on or will the same plan be submitted for approval? Mr. Porto stated the developers for the individual parcels will bring a SDR with their design concepts and we will use the City Council's comments in reviewing what they bring to the table. There is still lots of review that will occur. Cm. Sbranti stated while he supports Stage 1, there is a lot to still look at. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 21 -02 AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE I DEVELOPMENT PLAN FOR THE DUBLIN TRANSIT CENTER PROJECT PA 00-013 DOWNTOWN STREETSCAPE IMPLEMENTATION PLAN FOR THE DOWNTOWN SPECIFIC PLANS - GATEWAY MONUMENT SIMULATIONS 8:02 p.m. 7.1 (600~$0/400~$0) Senior Planner Janet Harbin presented the Staff Report and explained that as requested at the City Council meeting on November 5, 2002, the Consultant for the Downtown Streetscape Implementation Plan has prepared simulations of the approved gateway monument design for other locations designated by the Downtown Specific Plans for consideration by the Council. The estimated cost for the monument and related improvements during Phase I of the project is $195,0:35.40. The funding for the monument is included in CIP Project # 94060 for FY 2002~05, as part of the Downtown Streetscape Implementation Program. Dave Evans reviewed the comer locations which were previously looked at. Both 25' and 29' sign simulations were shown at each location. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 605 Cm. Zika asked about moving the traffic controller on the corner by Oil Changers. What was the reason for this? Mr. Evans stated it was visual and he wasn't sure the cost to relocate the traffic controller would be justified. Mayor Lockhart asked if any consideration was given to the vacant lot across the street where an office building will be going in7 It could be constructed with new buildings going in and wouldn't look like something added after the fact. Mr. Evans stated he looked at it with Staff and the proposed architecture will have a corner tower. Part of it was his original justification on what the ideal corners were. The inside corners would be preferable, if they will fit there. Cm. Sbranti stated ff you were to put it on that corner and another one at Casa Orosco they would at least be on the same side of the street. The Casa Orosco side is preferred by him as he felt this is somewhat of a unique building. In the future, perhaps Shamrock Village could build on the theme. Cm. McCormick asked how this would fit with the other two corners ff they selected the north corners. Mr. Evans stated he did not think they mark the downtown area quite as well. He pointed out that the simulations are just a static view. When you are actually seeing them, you will experience them from different angles. Janet Harbin suggested that the City Council may want to consider the actual locations after we install the first one by McDonalds. Mr. Evans stated the construction documents will be for the first target site and the critical factor will be how tall the City Council wants the monument. Mayor Lockhart stated she prefers the shorter and the other Councilmembers agreed except for Cm. Oravetz, who later stated he would be willing to go with the 25'. Bruce Fiedler, stated in looking at the perspective, he felt the smaller would look better because that proportion doesn't overwhelm what is behind it. Tom Odam stated he was on the Task Force and also on the Village Parkway Task Force. The monument will be there for a long time and will be something permanent. You can C1TY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING December 3, 2002 PAGE 606 always make it smaller, but you can't make it bigger. He stated he supports the outside corners~ but can live with the inside corners. Bigger is better. An unidentified audience member who spoke from her seat, stated she is for the taller one. Cm. Sbranti stated he feR both are pretty tall monuments. He agrees that in years ahead some of the businesses may change. He prefers the 25' height as it fits more with the scheme of the area. Mayor Lockhart pointed out that the Village Parkway monuments are really more pedestrian oriented. Cm. McCormick stated she really likes the design and supports the smaller height. Cm. Oravetz stated he really likes the design also. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council selected the 25' height, directed the Consultant to finalize the approved Task Force recommended monument design; instructed the Consultant to prepare construction bid documents for the first monument; and directed Staff to request bids following preparation of bid~level documents. AWARD OF BID FOR PURCHASE OF CITY POOL VEHICLE 8:24 p.m. 7.2 (350-20) Public Works Director Lee Thompson presented the Staff Report and advised that bids for a hybrid passenger car to be used by Staff as a pool car were requested from Alameda County Honda and Toyota dealerships. Five bids were received, with the lowest bidder being Toyota Walnut Creek, with a bid of $21,310.77. These vehicles get 4 5 to 52 miles per gallon. Cm. Sbranti noted that Dublin Honda's bid was only about $210 more and asked if we are always bound to take the absolute lowest bidder? Mr. Thompson responded he felt if we stop doing this, we may not get bids. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 607 City Attorney Silver explained that for public works contracts we have to follow state provisions and go to lowest responsible bidder. The City Council adopted a purchasing Ordinance which applies to purchase of goods and contracts for services which are not public works projects. Basically, it is similar to state law, which says it should be awarded to the lowest responsible bidder. City Manager Ambrose stated there are exceptions to the Purchasing Ordinance, but this does not fall under one of the exceptions such as specific designs, etc. Previous City Councils had discussions about local preference and this was when we included sales tax as part of the award. We adjust bids received from Dublin businesses to indicate the 1% sales tax that we receive. Cm. Oravetz stated he would also like to see us buy local. Cm. Zika pointed out they have a responsibility to see that taxpayer money is wisely spent. On motion of Cm. McCormick, seconded by Cm. Zika, and by majority vote, the Council awarded the purchase order of $21,310.77 to Toyota Walnut Creek. Cm. Oravetz voted in opposition to the motion. REPORT ON APARTMENT TEMPORARY SIGNAGE 8:50 p.m. 7.5 (400-50) Senior Planner Andy Byde presented the Staff Report, which was an informational report concerning existing regulations related to apartment temporary signage and also reported on the discussions with apartment owners and'managers on the subject of temporary signage for apartment communities. Mr. Byde also discussed adjacent cities and temporary banner regulations. Mr. Byde advised that if the City Council determines that modifications should be made to the existing Sign Ordinance~ Staff will prepare an agenda statement and Ordinance and bring them before the Planning Commission for review and will then return to the City Council for two public hearings. The new Ordinance would then be in effect $0 days after adoption. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 608 Mayor Lockhart asked him to address the comment that some places in the community have special permits. Mr. Byde stated under the sign ordinance an applicant can request a master signage plan. In researching this, we found there were no apartments that had master signage plans allowing temporary banners. Once we discovered this, we no longer issue permits. Any banners up are illegal. Timothy May, Executive Director of the Rental Housing Association, offered congratulations to those re-elected, and thanked the City Council for sending this back to Staff. He thanked Staff for the great job they did in discussing this with apartment owners. Dublin has one of the lowest occupancy rates in the Valley; lower than Pleasanton or Livermore. They believe that because the signage Ordinance in Dublin is so restrictive, they are finding it very difficult to bring their volume back up to what they feel is acceptable; 95% is a great equilibrium. We are not selling widgets here. Banners are one of the primary uses for advertising in their industry. One of the most crucial ways they contact their customers is when they are driving through the neighborhood and see banners and stop. He agreed that banners should be used within boundaries established by City. Use wisdom to make sure there is flexibility to accommodate areas that have different needs. Please consider fact that there is a real need to promote and provide flexibility. Assured City Council that apartment community is not interested in creating apartment graffiti. He gave his phone number as (51 O) 537-0340. Mayor Lockhart asked how do you equate the fact that Pleasanton allows no banners. Mr. May stated in spite of this, we have a greater vacancy rate. The price has a lot to do with it, obviously. The need is also a factor. A lot of other communities have a slow growth approach. People coming into this community need to find housing. Cm. McCormick asked about vacancy rates in general in the industry. Is it uncommon to have a full house all the time? A sign could go up and stay up all the time, as vacancies occur. Mr. May clarified vacancy/occupancy rates. At 95% occupancy, rates will stabilize. Cm. McCormick asked if with a 95% occupancy, a sign would ideally stay up all the time. Mr. May stated not necessarily. They would operate within the guidelines established. There is a need to promote that apartment to people looking for a place to live. This is not something that his industry has actually had to address in a long long time. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 609 Cm. Sbranti asked about vacancy rates over the last few quarters. Numerically how have vacancy rates shifted? Mr. May stated occupancy has declined slightly in Dublin~ when you factor in new properties which have come on line. When you compare this with what has happened with rents, they have dropped. Some folks have dropped their rents so drastically, they are losing money and are unable to recoup their investment. Cm. Sbranti asked about percentage of rent drops. Mr. May stated in the last 4 quarters, about ! 5%. They understand the laws of supply and demand. There needs to be a level playing field and a way to advertise. Signs drive prices down. Mayor Lockhart commented on what our neighboring cities do, and what we legally allow. Cm. Zika stated he liked the San Ramon idea. They allow 12 square feet signs and a maximum of 90 days per year. We spent a lot of time going over the Sign Ordinance and have made a concerted effort to try and get the junk out of our community. He stated this is as far as he would be willing to go and we should require strong enforcement. He stated he did not realize apartment owners weren't allowed to have any signs whatsoever because they are considered residential. Again~ he stated he likes San Ramon~s requirements. Cm. Sbranti indicated he liked the idea of 15 days on and 45 days off and this actually comes out to about the same per year. Every two months~ they can make a push. 12' is not too big. They do need to be able to advertise their product. Cm. Sbranti stated he supports 15 on and 45 off. Bruce Fiedler stated he manages apartments and hopes as we go forward and he agreed that every business needs to be able to advertise their product~ and the way they do it is important. Flimsy signs look bad. A rigid background sign has a better chance of being neat in our community. We should have some planning here so this goes through the process. Staff expertise could be brought into play. We live here and what we see on the streets has a direct effect on our homes. Mayor Lockhart asked if there are specific standards with temporary signs or is a banner considered the same thing? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 0 Mr. Byde discussed temporary promotional signs, balloons and banners. Within banners, there is no regulation on color or placement. There is also an allowance for a temporary onsite for lease sign. A 16 sq ft sign is limited to 1 sign per 1 O0 feet of frontage and has other stipulations such as text and phone numbers, etc. The City Council discussed rigid signs, promotional signs, banners, etc. If it is a temporary sign, these are easy to come down. Mr. Byde talked about some special allowance with design criteria to amend monument signs. One complex has added to their sign - vacancies. Staff could come up with some design criteria to fit within standards and expedite the process. It could be slipped into a slot. Cm. Oravetz suggested adopting San Ramon's idea and send it along to the Planning Commission and also incorporate Mr. Byde's suggestions. Mr. Byde stated they could have hooks and have a sign which could be permanent as part of their sign. Mayor Lockhart stated she felt we also need to offer some kind of temporary signage during the year. Cm. Sbranti stated he has seen banners done with class. This is something the Planning Commission could look at. Mayor Lockhart stated we are actually offering them a combination. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council recommended that Staff take a report to the Planning Commission for consideration and study, which looks at San Ramon's ordinance on monuments, (15 days on and 45 days off and allow 12 square feet), and then bring it back to the City Council. HCENSE AGREEMEb~F BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY TO MAINTAIN THE PORTION OF THE IRON HORSE TRAIl. ON PROPERTY OWNED BY ALAMEDA COUNTY 9:08 p.m. 8.1 (600-40) Public Works Director Lee Thompson presented the Staff Report. This License Agreement will give the City of Dublin a license over the 50' wide property of the County for maintenance of the Iron Horse Trail and will allow assignment of the rights of the license to the East Bay Regional Park District (EBRPD). CITY COUNCIL MINUT£S VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 1 Mr. Thompson stated the part from Dougherty Road to Dublin Boulevard will eventually be moved when Scarlett Drive goes through. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 227- 02 APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA COUNTY TO MAINTAIN THE PORTION OF THE IRON HORSE TRAIL ON PROPERTY OWNED BY ALAMEDA COUNTY and directed Staff to work with EBRPD to finalize a sublicense agreement that will delegate the maintenance of the Iron Horse Trail specified in the Alameda County agreement. CONCEPTUAL PLANS FOR NEW DUBLIN SENIOR CENTER 9:10 p.m. 8.2 (240-$0/600~:30) Parks & Community Services Manager paul McCreary presented the Staff Report. In August, the City Council selected Dahlin Group, Inc., of San Ramon to design the new Senior Center. Dahlin Group has met with the Senior Center Advisory committee to confirm the program and activity requirements. The Architect has also met with Eden Housing, the developer selected to build senior housing on the site, to set the parameters for the site plan and the housing component. Based on these meetings, Dahlin Group prepared three conceptual design alternatives for the Senior Center building footprint and site plan. The three conceptual design alternatives were presented for Council consideration. Carl Dahlin discussed the conceptual plans. The seniors and the SCAC unanimously preferred conceptual plan c with some modifications, such as move kitchen, utilize southeast patio in different manner, expand staff offices and reception area, plan for ample storage, use a folding wall between arts & craft room, and consider safe and easy crossing from adjacent overflow parking. Cm. Oravetz asked about the height of the ceiling. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 2 Mr. Dahlin discussed the various heights in the different rooms. The main room will accommodate about 240 for sit down dinners. It also has a raised performance platform. Cm. Zika asked ff storage will be under the stage. Mr. Dahlin stated certain types of chairs can go under, or other items for storage. Cm. Zika asked ff the room could be split into 3 instead of 2 sections? Mr. Dahlin stated he felt 3 would make each very small and there might be some conflicts with kitchen service. Cm. McCormick asked ff the patio is covered? Mr. Dahlin stated they looked at putting in a soft cover and basically a fresh air patio. Cm. Sbranti talked about the wind Patterns. There would be natural blocking by the building. Cm. Zika asked about mechanical details at this point. There was discussion related to the size of the kitchen. Mr. Dahlin stated this is bigger than what they have now. When they get into the detailed planning, they will look at specifics and usability and the most effective ways to lay out the kitchen. Mayor Lockhart asked if he felt plan C will meet most of their needs. Cm. Sbranfi asked ff the kitchen could be moved over somewhat. Mr. Dahlin stated they have looked at this. This also impacts the driveway and parking. Cm. Sbranti commented on office space and felt there might be a little room to play with to help accommodate one of the recommendations of the seniors. He asked about comments from the seniors regarding outdoor recreation. Mr. Dahlin stated there wasn't a lot of discussion about that. They will look at outdoor opportunities CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 3 Cm. McCormick talked about the poPularity of groups growing flesh vegetables. Perhaps the idea has not come up. Richard Guarienti, Rhoda Avenue, gave feedback on the recreational aspect. At first they felt things were shoehorned in, but he applauded everyone on what they've come up with. Interior is great with accommodations and you have to look at long term. It has to be flexible. We need outdoor as well as indoor areas. You could even wheel out a ping pong table. He hikes with people in their 80's. We want to have something for everyone. They've done a good job with the limited space. Details are yet to be worked out. Cm. Sbranti stated they could continue the discussion with the outdoor piece. Bruce Fiedler, Hemlock Street, stated in another community he was on the planning group for another senior center. They've done a great job in a shorter time here. In order to maximize the citizen's land to have as much affordable housing as possible, he suggested the possibility of looking at another floor and if the parking were to affect this design, is it possible for Eden and Dahlin to caucus again to determine if there would be any change. If we preclude other possibilities, we do it forever. He has noted that outdoor spaces are not used as much as was planned in the beginning, but you still need them. You can enjoy the outdoor space through the windows. Those that are frailer cannot tolerate the cold and the hot. Herma Lichtenstein stated in discussions with the architect, it was felt if we add another floor, it becomes cost ineffective for them to do the project. All the Council indicated a preference for alternative C, and look at recreational opportunities. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council selected alternative C as the preferred conceptual plan. ACCEPTANCE OF WORK - CONTRACT 02~047 ALAMO CANAL BIKE PATH FROM THE IRON HORSE TRAIl. JUNCTION TO I~ 580 9:48 p.m. 8.3 (600~35) Public Works Director Lee Thompson presented the Staff Report, and advised that this project constructed an asphalt concrete bike path along the east side of Alamo Canal between the Iron Horse Trail Junction in the north to the Dublin Civic Center in the south. CITY COUNCIL MINUTI~S VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 4 Mayor Lockhart asked if we addressed the issue of flooding in this area. Mr. Thompson stated it has flooded in the past and we have had to go in and clean off the silt. Mayor Lockhart stated she felt we should look at this to avoid children going into the canal on their bikes. Safety should be of major concern. Mr. Thompson stated we can do some signing and warning and if it gets high, we could barricade it off. City Manager Ambrose suggested we could also look at the feasibility of closing the gate at the beginning of the trail if we have a significant storm. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council approved a Budget Change of $22,031, accepted the improvements, and authorized the release of $26,501.89 retention after 35 days if there are no subcontractor claims. APPLICATION FOR MULTI-FAMILY AFFORDABLE HOUSING GREEN BUlLDING DESIGN ASSISTANCE 9:52 p.m. 8.4 (430~60/810~60) Assistant City Manager Joni Pattillo presented the Staff Report. In September 2002, the City selected Eden Housing, Inc., to work toward developing senior affordable housing at the site of the current library. This housing development would be an opportunity to participate in this green building program. At this time, the opportunity exists to apply for technical assistance in the development of the Senior Housing Project using green building concepts. The Multi-Family Affordable Housing Green Building Design Assistance Project sponsored by the Alameda County Waste Management Authority would provide qu. alffied affordable multi~family housing projects with technical assistance. Recommendations would be made in the areas of solid waste management, resource conservation, energy efficiency and indoor air quality. Selected projects would also be eligible for a $5,000 stipend. CITY COUNCIL MIi~IUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 5 To apply for this program, the City and Eden Housing must complete a series of applications and a Letter of Intent to Participate, by December 9th, from both the non~ profit housing developer and the City. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council authorized the Mayor to sign the Letter of Intent to accompany the Application. OTHER BUSINESS 9:54 p.m. Mr. Ambrose stated he wanted to give an advertisement for the holiday tree lighting ceremony which will be Thursday night here at the Civic Center. Mr. Ambrose stated he had a request from the School Superintendent to consider a possible joint meeting in late January or early February. The agenda is still to be developed, but would not include the high school site issue. We could talk about joint use agreement and other issues. Mayor Lockhart stated she felt the first week in February would work best. Cm. Sbranti requested that we avoid the second and fourth Tuesdays for the School Board joint meeting. Mr. Ambrose stated also, it is our turn to host the Tri-Valley Council meeting in January. Cm. Sbranti suggested January 18th or 23fa. Following discussion, the Council selected the date of January 23rd. Mr. Ambrose advised that there's a possibility that Alameda County will have a public hearing on the juvenile hall issue here at the Civic Center on January 29th or BOth. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 6 Cm. Oravetz reported that LAVTA is having a canned food drive on board the WHEELS buses. Passengers can pay with a can of food instead of paying the fare. Cm. Sbranti stated he enjoyed attending the time capsule ceremony and also the Chamber of Commerce bowling tournament. They had teams of 5 and he felt the Council should consider having a team. Cm. McCormick reported that we have dueling tree lighting ceremonies on Thursday night. Hope Hospice is also lighting their Tree of Hope at 6:30 p.m. in front of DSRSD. Mayor Lockhart reminded everyone that on Sunday, the Heritage Center will be having an open house from 2 - 5 p.m. Mayor Lockhart stated she wished to adjourn this meeting in memory of Ron and Carol Satterthwaite's daughter, Courtney who died this week. She was in her mid 20's. Carol is President of DSCA and very active in the community. CLOSED SESSION 10:02 p.m. A closed session was held regarding: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code Section 54956.9, subdivision (c)~ one potential case 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9 subdivision(a) Name of Case: City of Dublin v. Dublin Land Co., Alameda Superior Court No. V-018100-2 REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 7 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10::35 p.m. Mayor ATYEST: Cify Clerk CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING December 3, 2002 PAGE 61 8