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HomeMy WebLinkAboutItem 4.01 Draft Minu 02-20-2001 REGULAR MEETING - February 20, 2001 A regular meeting of the Dublin City Council was held on Tuesday, February 20, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:12 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CLOSED SESSION 7:12 p.m. 10.1 (640-30) The Council recessed to a closed session to conference with Legal Counsel ~ Anticipated Litigation ~ Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (1): TWO potential cases. Facts and Circumstances:- Government Code Section 54956.9(b) (3) (A) . REPORT ON CLOSED SESSION ACTION The meeting reconvened at 7:48 p.m., with all Councilmembers present. Mayor Houston announced that no reportable action was taken. INTRODUCTION 7:49 p.m. 3.1 (700~10) 'Chief of Police Gary Thuman introduced Sergeant Mike Hart who recently returned to Dublin to replace Bill Hillman, who is retiring. Mike has been with the Alameda County Sheriffs Department since 1973 and has been in Dublin several times since incorporation. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 65 Sergeant Hart stated he was very happy to be back in Dublin and hopes to stay here this time until retirement. CONSENT CALENDAR 7:50 p.m. Items 4.1 through 4.11 Cm. McCormick pulled Item 4.2 from the Consent Calendar. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Special Meeting of January 27th and Regular Meeting of February 6, 2001; Adopted (4.3 600-50) RESOLUTION NO. 20- 01 AUTHORIZING SUBMISSION OF PROGRAM SUPPLEMENT NO. 003-M TO THE DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION FUNDING FOR THE ALAMO CREEK BIKE PATH PROJECT AMADOR VALLEY BOULEVARD TO IRON HORSE TRAIL CONNECTION and authorized the Public Works Director to execute the Program Supplement Agreement with Caltrans; Authorized (4.4 600~ 30) the Mayor to execute an amendment to the Agreement with Terry Pimsleur & Company consenting to the assignment of the Agreement for event production services to Bright Moments Event Production, LLC; Adopted (4.5 1060-90) RESOLUTION NO. 21 -0'! APPROVING THE DRAFT DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM and authorized the Mayor to execute the program documents; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 200'1 PAGE 66 Adopted (4.6 1020N30) RESOLUTION NO. 22- 01 EXTENDING COMPLETION DATES FOR THE DUBLIN BOULEVARD UNDERGROUND UTILITY DISTRICT 99-1 Accepted (4.7 600N35) improvements constructed under Contract 00~15, Dougherty Road Tree Planting, authorized release of retention after 35 days if there are no subcontractor claims, and approved $980 Budget Change from unallocated General fund Reserves; Adopted (4.8 600N40) RESOLUTION NO. 23- 0'1 APPROVING AGREEMENT WITH ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY FOR LOCAL FUND EXCHANGE FOR THE 1-580/TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT and authorized the Mayor to execute the Agreement; Adopted (4.9 540~70) RESOLUTION NO. 24- 01 APPROVING AMENDMENTS TO THE WILDFIRE MANAGEMENT PLAN RELATED TO CONSTRUCTION NEAR FIRE RESISTIVE HERITAGE TREES Adopted (4.10 600-60) RESOLUTION NO. 25- 01 ACCEPTING IMPROVEMENTS FOR TRACT 7084 DUBLIN GREEN (TOLL BROTHERS) released the Performance Bond and accepted a maintenance bond; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 67 Approved (4.11 300~40) the Warrant Register in the amount of $1,351,414.38. Cm. McCormick pulled Item 4.2 related to the automatic doors at the Civic Center and asked if these operate on demand or do you push a button. Mr. Thompson stated there will be a button on the side of the building or it can be opened manually. Buttons will be on both sides. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council authorized (4.2 600~35) Staff to advertise Contract 01~01, Civic Center Automatic Doors and Outdoor Electrical Upgrade, for bids. REQUEST FOR FUNDING SUPPORT IN THE AMOUNT OF $2,500 FROM VALLEY COMMUNITY HEALTH CENTER'S FAMILY CRISIS SHELTER 8:37 p.m. 5.1 (520~40) Assistant to the City Manager Julie Carter presented the Staff Report and advised that an urgent request has been received from the Valley Community Health Center (VCHC). VCHC is a non~profit community agency which provides a wide range of services for the residents of the TriNValley area including operation of the Family Crisis Shelter, which is the Tri~Valley's only shelter for homeless families. They estimate that 2% of the shelter's users are from Dublin. The budget for the VCHC for FY 2000~01 is projected to be at a deficit level of $84,904. They are requesting $2,500 in funding from the City of Dublin. Because no funds are budgeted for this program, an appropriation from reserves would be required. Sue Compton, Associate Executive Director addressed the Council and discussed the services they provide. Mayor Houston recommended that the Council support this. Cm. McCormick asked if they will face this problem again. Ms. Compton stated it is an ongoing problem. They will work to do a management plan to come up with strategies so they don't have to deal with this every year. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council supported the request. CITY COUNCIL MINUTES VOLUME Z0 REGULAR MEETING February 20, 2001 PAGE 68 PUBLIC HEARING ~ PA 00-015 COMMERCE ONE CORPORATE HEADQUARTERS DEVELOPMENT AGREEMENT 8:44 p.m. 6. I (600-60) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this is the second reading of an Ordinance approving a Development Agreement between Commerce One, Alameda County Surplus Property Authority and the City of Dublin for the Commerce One project, which consists of a new office building complex located on approximately 27.4 acres at the northwest corner of Hacienda Drive and I~580. The project is comprised of four office buildings totaling 780,000 square feet. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 2 - 01 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, COMMERCE ONE, AND THE ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR THE COMMERCE ONE CORPORATE HEADQUARTERS FACILITY PROJECT PUBLIC HEARING ~ PA 00~009 APPEAL OF PLANNING COMMISSION APPROVAL OF THE BLACK MOUNTAIN SITE DEVELOPMENT REVIEW FOR THE CONSTRUCTION OF 7 SINGLE-FAMILY HOMES ON 7 EXISTING LOTS IN TRACT 5073 7:52 p.m. 6.2 (410N30) Mayor Houston opened the public hearing. Senior Planner Dennis Cartington presented the Staff Report and advised that on January 16, 2001, the City Council heard the appeal of this project and continued the item to this meeting. The Council directed that the project be redesigned to minimize impacts to the heritage trees and provide for construction of the homes. It was CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 69 recognized that the redesign of the homes to protect the heritage trees could result in impacts to views of adjacent homes on Brittany Lane. The City Council also directed that Staff look at ways to modify the Wildfire Management Plan to take into consideration heritage trees in proximity to the homes while minimizing Fire Code pruning impacts to the trees. Staff was directed to bring back a resolution modifying the previous resolution establishing the Wildfire Management Plan. Mr. Carrington addressed the project redesign, including: front yard setback; height; and design of the homes. The seven homes will range in size from 2,800 square feet to 3,400 square feet. The homes on Lots 7, 10, 11 and 12 are identical to those described at the January 16th public hearing on this project. The home on Lot 1 was reduced in size to draw it away from the drip lines of the Fire Resistive Heritage Trees on Lot 1. The homes on Lots 8 and 9 were redesigned to move them closer to Brittany Lane and not encroach into the drip lines of Fire Resistive Heritage Trees. The residences are sited on the lots to minimize impacts to views from other residences on Brittany Lane. The homes on Lots 7, 9, 10, 11 and 12 will have a street presence of a single-story home. Mr. Carrington reviewed the changes to the Wildfire Management Plan, as well as additional conditions of approval to the Planning Commission Resolution 00-71 proposed by Staff to address drainage issues and Fire Resistant Heritage Tree issues. A revised Tree Protection Plan was prepared by HortScience to reflect the preservation of the Fire Resistive Heritage Trees. The requirements of the revised Tree Protection Plan are incorporated as conditions. of approval. The environmental impacts of this project were addressed under the Negative Declaration prepared for the Hatfield Development Corporation PD Rezone, Annexation and Site Development Review of which the subject lots were a part. In summary, Staff recommended that the City Council either decide that the Planning Commission action be affirmed and adopt a resolution approving the Black Mountain Development SDR for seven homes on seven existing lots with changes proposed by Staff, ~ OR - decide that the Planning Commission decision be reversed and direct Staff to prepare a resolution reversing and denying the Black Mountain SDR. The resolution should identify how the project fails to comply with applicable SDR findings and/or standards and how the project can be brought into compliance with such findings and/or standards. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 70 Cm. Zika disclosed that he received a telephone call from Mr. Bewley about setbacks and this should not have happened. Cm. McCormick indicated that she too received a call. Vice Mayor Lockhart stated she did also. Jerry weiss, 11158 Brittany Lane, stated he has lived there since 1989. Brittany Lane is one of the last vista views of the hills. He frequently sees mail trucks out there taking coffee breaks enjoying the view. People come up on the 4th of July to watch fireworks. There are beautiful views of the City of Dublin and the tri~valley. Citizens of Dublin will lose some benefit if this development goes in. When asked of the developer at the last meeting, he said the price of the homes will be $700,000 to $750,000. He felt this is incorrect and cited homes in Dublin that are going for over $800,000 that are several years old. A brand new 3,400 square foot home landscaped and with ridge views will be more like $900,000. What is it the citizens are giving up? The City Council is making special accommodations. What will the citizens get back? He stated he would like to hear the Council articulate this. Ron Michalos stated he likes the homes. When future home development is in question, it doesn't make sense that we would change existing regulations to accommodate a builder. A solution was presented which would solve the problems. Christina Bond, 11182 Brittany Lane, thanked the City Council for changing the fire code and the Heritage Tree Ordinance. They care about their neighborhood and have made substantial investments in their homes. City legislation protects them. These lots require custom homes to suit the topography. These homes all have similar floor plans. These don't work for lots 8 and 9. An unbiased professional opinion should be sought. Don't put the developer's wish to make money on these homes above the public. You represent citizens of Dublin or you represent the developer. Susan Bewley, 11166 Brittany Lane, stated she lives across from these lots. She read a letter from Tim Treat. "Due to a schedule conflict, I am unable to attend the meeting on February 20, 2001 to discuss the current status of the proposed development by Black Mountain on our street. My absence should not be mistaken for a lack of interest on my part. As a resident of Brittany Lane, I have artended several meetings with Jeff woods of BlaclkMountain Development regarding their plan to build homes CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING FebmaW 20, 2001 PAGE 71 on the now vacant "lots" across the street from my home. As a result of these meetings, plans were drawn that are acceptable to the neighborhood and approved by the Silvergate Highlands Homeowner's Association. Unfortunately, it was later learned that a large Oak tree needed to be severely pruned (over 40%) to accommodate a home on one of the lots. With three arborists weighing in with opinions, it has been determined that pruning to fit the house on the lot will severely harm the tree. To preserve the tree, I have learned that the City now proposes to modify the fire code for one tree, waive the setback restriction for the houses, and raise the houses higher. Why is this being done without any discussion of reducing the size of the houses? As a result of this proposed action, I am formally voicing my opposition to this solution. To "fit" the houses on the lots, three City standards that every other lot must meet are being ignored for the sake of these houses. The ordinances are designed to define an envelope within which a house may be built. Black Mountain Development should be told to design a house that fits in the given envelope that they were aware of when the purchased the lots last year. For the lots in question, the envelope is defined by the existing setback, 25 foot height restriction for a sloping lot, and the proper easement to the protected heritage tree. Instead of instructing Mr. Woods to submit plans to suit the ordinances, you are bowing to his requests to change the envelope to suit his plans. I also happen to be a Board Member of the Silvergate Highlands Homeowner's Association. Our goal as a Board is to preserve the value of our homes and the quality of life in our neighborhood. Since the original plans met those goals and blended nicely into the architectural theme of the neighborhood, they were approved. I am confident that the board will not approve any homes that include any reduced setbacks or variance from the height restrictions. Please give this statement careful consideration and equal weight as if I was in attendance at the next meeting. Sincerely, S/Tim Treat" CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 72 Ms. Bewley stated as Councilpersons and representatives of the citizens of Dublin, you have to follow City ordinances and laws. No one on the Council is a financial planner for the developer and does not have an obligation to increase his financial portfolio. You must, however, follow the rules. These homes have no back yards for children to play. There is a 30% slope. The street really isn't safe nor is the deck. David Bewley, 11166 Brittany Lane, distributed a handout to the Council. (No copy was provided to the City Clerk.) He advised that several of the people who appealed this issue are out of town. There is nothing written with regard to how large a house can be for a particular lot. The arborists did not state clearly the impacts on the heritage trees, so the Bonds, at their own expense, hired an arborist. He commented on expected setbacks. The houses look good, but the reduced setback is bad. They are asking the City Council to not reduce the setbacks. If you allow this, essentially what this tells them is that the rules will not be followed. This is not a valid reason to change the rules. All the rules will be meaningless with no purpose at all. There are solutions. Just reduce the homes. Just build 7 homes across the street. Put lots 8 and 9 together for a bigger home. What they want is for the rules to be upheld. You need a valid purpose to reduce the setback. Tom Ford congratulated the City Council on its previous generation and adoption of the Heritage Tree Ordinance and for giving serious weight to deliberations. The City's image has been improved and its reputation also has improved. The fire code adjustments seem reasonable and acceptable. He stated he would make a strong point that the large square footage is difficult because of these lot sizes and shape. Creative architecture could be used. What will Dublin citizens gain? You have a duty to existing residents first. Carol Carter, 11200 Rothschild Court, submitted a written statement which the Mayor read. "#1 What steps will the City Council take to ensure existing homeowners, that further development in the hills, will not compound the current sulphur spring problems caused by the last phase of development? #2 Have studies been performed to rule out potential sulphur problems from new development? #3 How will this be disclosed to potential buyers?" Mayor Houston closed the public hearing. Vice Mayor Lockhart commented when this first came to the City Council, there were so many pieces to it. It has since boiled down to just a few issues and what does benefit the community. Monster homes in neighborhoods have been mentioned. She asked Staff how these came to be such large homes. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 73 Mr. Cartington stated the size was proposed by the applicant. There is no limit to the PD fezone which was adopted in 1985, and 35% coverage maximum on the lot for a 2 story house is what can be there. Vice Mayor Lockhart stated with regard to the Heritage Tree Ordinance, she is quite proud of this and the fact that the City has made a commitment to heritage trees. Changes to .the Wildfire Plan were more to preserve the heritage trees and still allow public use and private development, where it fits on the land. She stated she is not in favor of changing the character of a neighborhood. She was glad this has been reduced to just the two lots. She cannot support what's proposed on these lots. She would be interested in something that would allow for a smaller home on Lots 8 and 9 or some kind of reconfiguration in keeping with the rest of the neighborhood. Cm. McCormick thanked the homeowners on Brittany Lane. They brought up a lot of issues which were missed the first time around with regard to the heritage trees. She stated she agreed with Vice Mayor Lockhart and was concerned about the size of the homes on Lots 8 and 9. She asked how many square feet would have to be trimmed to have a 20' setback. Jeff Woods, Black Mountain Development, stated he did not have an answer to this. After the last meeting, based on the Council's direction, he did go back to Staff and designed these houses to meet the guidelines as directed. Cm. Zika thanked the neighbors for pointing out problems with the Heritage Tree Ordinance. These homes are under the 25' height limit and have been reduced from 3,400 to 2,800 square feet. He stated he had no other concerns and will approve the project. Cm. Oravetz asked the Council to respond to what is the benefit. To him, the benefit is we are creating more homes for citizens to live in. This property has been vacant for many years. At the last meeting, the big goal was to save the trees. This was a benefit. Mayor Houston stated he felt it benefits the whole neighborhood. They will enhance valuations and enhance the whole area, much like Hunsen Hills has. Last time, there were some issues related to the Heritage Tree Ordinance, and changes that were made were positive. This is a positive benefit. This was the primary talk at the last meeting. On motion of Mayor Houston, seconded by Cm. Oravetz, and by majority vote, the Council adopted CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 74 RESOLUTION NO. 26- 01 AFFIRMING THE DECISION OF THE PLANNING COMMISSION ON DECEMBER '12, 2000 APPROVING PA 00-009 BLACK MOUNTAIN DEVELOPMENT SITE DEVELOPMENT REVIEW FOR SEVEN SINGLE-FAMILY HOMES ON EXISTING LOTS ON BRITTANY LANE WITH CHANGES PROPOSED BY STAFF Vice Mayor Lockhart and Cm. McCormick voted in opposition to the motion. NAMING OF NEIGHBORHOOD PARK IN DUBLIN RANCH PHASE I DEVELOPMENT 9:06 p.m. 7.1 (920-60) Parks & Community Services Director Diane Lowart advised that this item was continued from the last City Council meeting. Dublin Ranch Phase I development includes a S-acre neighborhood park. The park is being built by Shea Homes, the master developer for Dublin Ranch Phase I and upon completion, will be dedicated to the City. The park is bordered by Oak Bluff Lane on the north, North Dublin Ranch Drive on the west, Antone Way on the south and a future elementary school on the east. An intermittent stream corridor runs along the west and north edges of the park. Features of the park include a children's play area, baseball field, soccer field, and basketball and sand volleyball courts. A DSRSD pump station/restroom building is also located in the park. Ms. Lowart stated as has been past practice, the Parks & Community Services Commission was requested to select up to three names for the park for consideration by the Council. The names selected are: Antone Park; Antone Ranch Park; and Dublin Ranch Park. Mayor Houston suggested naming it Ted Fairfield Park. Ted has been an integral part of the development of eastern Dublin for 1 S years and he was the face of Dublin Ranch. He's been involved in many civic activities. He was instrumental in securing $2 million for our library and funds for the computers in our schools program. He deserves some recognition. Vice Mayor Lockhart stated she felt a lot of things that have happened wouldn't have worked quite as smoothly without Ted's help. He put Dublin residents in the forefront. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 200'1 PAGE 75 She stated she thought of the name Carlow, which was James Wilt Dougherty's dog. name could be put near a dog park. She stated she would support Ted Fairfield. Cm. Oravetz stated he has called on Ted to help out with youth sports. On motion of Mayor Houston, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council selected the name of Ted Fairfield Park. His PUBLIC ART ~ EXPO DESIGN CENTER This item was heard prior to Item 7.1. 8:45 p.m. 7.2 (900-50) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that Orange County Artist, Ray Lamb, has been retained by EXPO Design Center for artwork required as a condition for their project, located between Montgomery Wards and Target within the Dublin Place Shopping Center. Mr. Lamb's design would be constructed and installed upon completion of the EXPO Design Center structure. The Heritage & Cultural Arts Commission reviewed and approved the artwork as proposed by Mr. Lamb. The Commission, however, was not in agreement with the location for the artwork as suggested by Mr. Lamb. The Commission was concerned that there was not adequate clearance around the artwork for truck traffic and for people to gather to observe the piece. The Commission felt that in front of the EXPO building would be a better location. In addition, in order to educate the community about the significance of the piece, the Commission felt that a plaque should be installed. Ray Lamb discussed his proposed artwork. The 10' tall, 8' wide sculpture would be fabricated of core-ten steel on a round 6' column. He proposes placement of the artwork on a parking island on the roadway in front of the EXPO building. Extra pages were presented which address the site location. Cm. Zika stated he likes it. It's like a stationery mobile. He asked about parking spaces required. Mr. Peabody stated Staff can work on the parking layout. Cm. Zika stated he felt it wouldn't stand out as much in the lot; he likes the H&CA Commission's choice. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 76 Cm. Oravetz asked if a plaque could be put on it to explain to the public the concept. Mr. Lamb stated something could be put on the building. Mayor Houston discussed what was originally discussed where they would have some kind of Celtic figures on the building. Rather than taking away from the art piece, it would be enhanced. Maybe the plaque or pavers or something with a Celtic flavor would enhance it. San Ramon has done this quite a bit. Some simple tile as an accent to the building could make the project bigger. Cm. McCormick stated it was an either/or situation. Vice Mayor Lockhart commented she felt the front of the building is pretty busy and she doesn't want to see the artwork get lost. Cm. McCormick stated she liked the idea of describing the piece on a wall where people could read it and learn about the piece. She also liked the idea of having it out where people can see it from all angles. Following discussion, the Council indicated a preference for Site 2, a larger adjacent island, described on the handout distributed by Mr. Lamb. The Council also felt grass in the area surrounding the statue would add a nice cool effect. Mr. Ambrose stated Staff will check to see if there is a problem with the location. On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the artwork, directed Staff to secure a Letter of Credit to guarantee the installation of the artwork; provided direction on the preferred location for the artwork as site 2, and authorized the Community Development Director to work with EXPO Design Center and the shopping center property owners to determine a location based on Council direction and to include a plaque on the building. STATUS REPORT ON CITY INTERVENTION IN 2002 TRI~VALLEY CAPACITY INCREASE PROJECT WHICH MAY APPROVE A PERMIT FOR PG&E TO EXPAND ELECTRICITY TRANSMISSION FACILITIES IN THE DUBLIN AREA 8:36 p.m. 7.3 (1020-40) City Attorney Elizabeth Silver presented the Staff Report and advised that based on Council direction, on February 8th, her office filed a Petition to Intervene with the Administrative Law Judge (ALJ) regarding PG&E's application to the California Public Utilities Commission (CPUC) for a Certificate of Public Convenience and Necessity that would allow it to construct new facilities for electricity transmission in the Dublin area, CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 77 also called the 2002 Tri~Valley Capacity Increase Project. PG&E proposes to build a new substation north of the City, actually located just inside Contra Costa County, which would receive power from a new Livermore substation to the east. In October of 1999, the City Council adopted a Resolution expressing support for PG&E's proposal The DEIR for the Project, which the CPUC issued on December 26, 2000, proposed a new alignment of facilities that would approve construction of the Dublin Substation in Area C of Dublin Ranch. The City objects to the new alignment. Ms. Silver advised that on February 13th, the City Attorney's Office filed Opening Testimony on the City's behalf. The ALJ requested that the City file the Testimony prior to a decision on the Petition to Intervene so that the other parties would have an opportunity to review the Testimony prior to the beginning of hearings on February 20, 2001. The City is to testify on March 7th. The ALJ will make a decision probably in July and the CPUC will decide probably in August. Cm. Zika advised that he artended the hearing last week, and the Mayor of San Ramon and two Councilpersons were present at that time and read into the record that they were supportive of Dublin's position. STREET BANNER ART PROJECT 9:12 p.m. 8.1 (900N50) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that funds were included in the 2000~2005 Capital Improvement Program for street banners to include the eastern Dublin area in the City's banner program. The Council is being asked to consider incorporating children's artwork into the banner production and contracting with an art consultant and artist to oversee the project. As proposed by City Art Consultant Lynne Baer, an artist or artist team would be selected to conduct a workshop series. Students would create images that the artist would produce on new banners. Two possible workshop scenarios were identified for Council consideration: 1 ) The program would be coordinated with Dublin Unified School District and incorporated into the middle school curriculum. It is anticipated that this scenario could be completed in the fall or winter quarter of next school year. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 78 2) A 9~week workshop would be incorporated into the City's Parks and Community Services Recreation on Campus (R.O.C.) program. R.O.C. is an after~school program conducted at Wells Middle School. The banner art program would be one of the Special Interest Classes for which participants register. It is anticipated that with this scenario, banner designs would be completed by June 2001. vice Mayor Lockhart asked if we have discussed scenario 1 with the DUSD? Ms. Leonard stated it was proposed to the Superintendent and he was supportive. Cm. Zika commented he thought there would be more participation under 1 than 2. Ms. Leonard stated it would be a classroom curriculum. Cm. Zika stated he liked # 1 because it would get more kids involved in the program. Mr. Ambrose pointed out we would still be dealing with a limited number of kids involved in art classes in the school. Staff advised that # 1 would involve about 30 kids and #2 would involve maybe 20. Vice Mayor Lockhart pointed out scenario 1 would involve parents, teachers, parent clubs, etc., and it gives ownership. Scenario 2 is a paid program. Mayor Houston discussed a program in the City of Albany where they have banners that kids did and every single banner is unique. This is how you involve more people. How much more would this cost? If you get several hundred of these up in the community, you touch more people. He stated he was not necessarily against the proposal, but requested that Staff delay it for awhile and contact the City of Albany about their program. Some of the banners were truly works of art. Vice Mayor Lockhart stated Tucson does the same thing. Their banners are all different. They had one long street where these were put up and they had a parade so the kids could get recognition. She stated she thought about taking a section of Village Parkway and if we integrate this into some school curriculum, at some point the school district could take over the project. Ms. Lowart suggested looking at this as part of the CIP update and Staff could talk to the school district in the meantime. Mayor Houston stated he felt an artist would be there to guide the process. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 79 Ms. Leonard explained that the artist would take all the designs and incorporate them into 5 basic designs. We would have to give someone camera ready products. Mayor Houston suggested Staff talk to Albany. We could make this more novel and fun and we could rotate them over the course of the year. Cm. Zika stated he felt we should get the elementary schools involved. Cm. McCormick stated she would want to make sure we have a firm commitment from the schools and pointed out that there hasn't been much art participation in the past. Cm. Oravetz stated he liked scenario 1, as this is a good example of partnershiping. He suggested we try Wells first and see how it works. Vice Mayor Lockhart stated she felt we have to start somewhere and see where it leads and maybe at some point, we could expand to elementary schools and work toward that as a goal to open it up to the other schools. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by majority vote, the Council approved the proposed process for Banner Art Project; selected workshop scenario # 1, authorized the City Manager to negotiate and execute agreements with an art consultant and artist in an amount not to exceed $20,000; and directed Staff to adjust the project budget as part of the 2001 ~02 Update to the Five~Year Capital Improvement Program. Mayor Houston voted in opposition to the motion. MARTIN CANYON CREEK TRAIL DEDICATION 9:29 p.m. 8.2 (930~30) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that one of the conditions for development of the Hunsen Hills Ranch residential development project required the developer to make improvements to the Martin Canyon Creek, develop a creekside trail and dedicate the land to the City. The developer has completed the improvements and the trail is ready for use by the community. Ms. Lowart discussed a dedication event and potential commemorative items which could be handed out. Staff proposes conducting a dedication ceremony on either Saturday, May 5th Or 19th from 10 a.m. to noon. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 80 Cm. McCormick asked what kind of wood the walking stick would be. Ms. Lowart replied that it will probably be a pressed wood product. Cm. Zika stated he envisioned kids playing with them as swords. Cm. McCormick stated she hopes plans include an information board or kiosk of some kind on native trees there and not paper handouts. Ms. Lowart stated this can be looked at with the capital budget. Cm. Oravetz asked how this will be broadcast to the community. Ms. Lowart advised that Staff will do a direct mailing to all of the Hunsen Hills residents, feature it in the upcoming Parks & Community Services activity guide, advertise through the schools, as well as press releases. Vice Mayor Lockhart asked if there are signs that show how to get on the trail. Ms. Lowart stated it actually starts on Silvergate Drive. Signs could be looked at. Vice Mayor Lockhart requested not to do it May 5th because Dublin Sister City people will be going to Ireland that week. She would not be in favor of a band and would prefer not to have music. She stated she likes the idea of a walking stick. Cm. Zika stated he prefers May 19th also. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council selected May 19th for the dedication event, selected walking stick as the commemorative item to be distributed and approved a Budget Change of $2,255. REVIEW OF PLANNING DIVISION PROJECTS AND ASSIGNMENTS 9:35 p.m. 8.3 (700~20/420~10) Community Development Director Eddie Peabody presented the Staff Report and advised that Staff had prepared a status report of the Planning projects during the past 5 months which have been filed or are soon to be filed with the City. Several of the new projects will seriously impact the existing Planning Division workload and the ability to respond to projects in a timely fashion. New advanced planning projects such as West Dublin BART Specific Plan Amendments ~ Crown/Enea, Downtown Specific Plan Rezoning, CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 81 Housing Action Plan Implementation, West Dublin Open Space Implementation are underway. Some of the projects which a~e starting up or are eminent include Sun, Oracle, Cisco, Pegasus, Plumbcry, General Motors, Dublin Place Shopping Center expansion, Safeway downtown, Dublin Ranch Golf Course Residential, Dublin Ranch Town Center Residential and Greenbriar Phase II. In addition, a number of annexations, Fallon Road East and Tassajara Road, are also starting up. Mr. Peabody stated given the present and anticipated future staffing issues, combined with the workload, it is apparent that additional Staff is needed to meet current Department needs. In addition, for the short term, a redirection of Staff priorities is necessary. Staff requested that the Council review the status of Planning Projects list which was presented and provide direction regarding priorities. Mr. Peabody advised that Staff proposes two new positions to carry out the existing workload: one Associate Planner and one Planning Manager. Mr. Peabody discussed those projects recommended for deferral until additional staff time is available. Vice Mayor Lockhart commented on the Camp Parks 77 acre addition to transit center and stated she sees things on the list that she would definitely want considered first. Mr. Ambrose gave an explanation. This has apparently been somewhat fast tracked by the Army's real estate department to begin a process for a land exchange. Vice Mayor Lockhart stated she would like the Army to know that this hasn't come to the City and there is no consensus that the City may be interested. We haven't done any studies. This is presumptuous of them to not talk to Dublin about it first. Cm. Oravetz stated he concurred, and felt they should be told to get in line. Mr. Peabody stated even though it may not be the biggest project, we want to have the downtown project given some priority and also the BART project. This project is on track. Cm. McCormick stated she was disappointed to see the West Dublin Open Space Implementation on the list and she hoped it would come off the deferral list first. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 82 Mayor Houston commented he appreciates this report and would leave it up to the Community Development Director. He would also like to see a report such as this on a regular basis. Mr. Ambrose asked if City Council would like him to communicate with the Army on the 77 acres. Vice Mayor Lockhart there is still so much work to be done, this is very premature to be looking at this right now. There's no consensus that we even want 77 more acres. She doesn't want to see us be the last one to find out what's going on. The Consensus was for the City Manager to write a letter and agendize it for the next meeting. Mr. Peabody stated the Council should continue the discussion of height limits as they relate to new projects. It is important for potential property owners in the transit center to get clear direction from the Council. This would be a study session type item for direction. The Council indicated support for this. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council approved the addition of two positions (Associate Planner and Planning Manager) in the Planning Division and adopted RESOLUTION NO. 27- 0'! AMENDING THE CLASSIFICATION PLAN (PLANNING MANAGER) RESOLUTION NO. 28- 0'1 AMENDING THE SALARY PLAN (PLANNING MANAGER) RESOLUTION NO. 29- 01 AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION (PLANNING MANAGER) CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 83 OTHER BUSINESS 9:59 p.m. Mr. Ambrose reminded the Council that the Goals & Objectives report had been delivered and any questions should be directed to him by March 151. Staff needs the Council's rankings back by March 2nd in order to stay on schedule for the March 19th G&O special meeting. Mr. Ambrose reported that a communication had been received from Assembly Member Dutra inviting us to a hearing in Mountain View on February 28th, from 3 p.m.~6 p.m., on how California can best address responding to rapid growth. Mr. Ambrose advised that we received a communication from Senator Torlakson who will conduct a meeting on the electrical dispute. On February 23ra at 4 p.m., he will be looking for an alternative that will work for everybody. The meeting will be in our conference room, and he is trying to get the Mayors together. Mr. Ambrose advised that Staff is still trying to nail down a hearing time for the CPUC hearing on March 7th. Vice Mayor Lockhart will represent the City. Cm. McCormick announced that the deadline has passed for nominations for Citizen and Organization of the Year. We received a number of nominations. They will pass the nominations to the judges. The winners will be announced at the next City Council meeting. Cm. Zika reported that he artended the ALJ hearing at Dublin Elementary on PG&E's proposed alternatives and no one was in favor of the so called superior alternative. It is the most expensive proposal. Cm. Oravetz stated he artended a League of California Cities East Bay Division meeting and brought up the BMX issue and found support and this will be an agenda item for the next meeting. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 84 Cm. Oravetz advised that he attended an Alameda County Library Commission meeting and Linda Wood indicated she would like to talk about a couple of senate bills. She will contact the City Manager to schedule. Vice Mayor Lockhart commented she felt it was very clever on the part of Mr. Ambrose and Mr. Peabody presenting their planning workload project list just before Goals & Objectives are due. One of the projects not being deferred is the freeway underpass project. She reported that Artists are being interviewed next week, and by the next City Council meeting, they should have an idea of the time line for the projects. Mayor Houston reported that he artended a meeting with Senator Torlakson and Assembly Member Dutra and the other two Mayors in the Valley regarding BART to Livermore. There was discussion and good thoughts exchanged emphasizing that we want to get BART out to Livermore. Pulling it together with regard to funding remains to be seen. Both expressed a willingness to work with the Valley. Getting BART to San Jose will assure that it comes to Livermore. Everybody realizes it will take a long time for this to happen. We need to look at not only building it, but the maintenance as well. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:09 p.m. ATTEST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING February 20, 2001 PAGE 85