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HomeMy WebLinkAboutItem 4.01 Draft Minutes08-07-2001REGULAR MEETING -August 7,2001 A regular meeting of the DUblin City Council was held on Tuesday, August 7, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:12 p.m., by Rick Myllenbeck Senior Director of Sybase, who was "Mayor for the Day". ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Acting Mayor Myllenbeck led the Council, Staff and those present in the pledge of allegiance to the flag. He then advised everyone that Sybase will have a ribbon cutting in January and stated they look forward to coming to Dublin. Mayor Houston presented a plaque to Rick and thanked him for supporting DPIE. are all very excited about Sybase coming to Dublin. We YOUTH ADVISORY COMMITrEE (YAC) APPOINTMENTS 7:14 p.m. 3.1 (110~30) Sixteen applications were received and the Mayor has recommended appointing 11 members to the Youth Advisory Committee, 2 from Wells Middle School and 9 from Dublin High School. Appointments include: Chris Futterer, Staci West, CUrtis Champlin, Jenny Bao, Yin~Chen Phang, Angelique Pillar, Laurel Smith, Louis Arcuri, Kyle Champlin, Kristy Laird and Melissa West. The 2 recommended alternates to the Committee are Jessica Chan and Shelley Kahn. Additional applications were received from two Wells Middle School students and one Adult Representative to the Committee. These included Parent, Michael Williams and students Stephanie Williams and Caroline Arcuri. The Mayor recommended these appointments as well. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 334 On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council confirmed the Mayor's appointments to the Youth Advisory Committee for the term September 2001 through August 2002. Anthony Watts stated as an active YAC member for the past two years, when he received the agenda statement, he was confused and concerned that his name was not on the list. High schoolers are using YAC for community service, which is very important for college applications. He stated he was the one that started the youth music showcase this past year and it was a lot of work. He beseeched the Mayor to review his name and reappoint him. Mayor Houston stated he felt his point was well taken, but it is important to include as many new people as possible and still retain some experienced ones. He is looking at the long haul. Cm. McCormick asked if the alternate positions have been filled. Mayor Houston stated yes, both alternate positions have been filed. 7:20 p.m. Dick Hopkins, 7510 Calle Verde Road, stated he lives near Mape Park. Last December he wrote a letter commenting on junk behind the former Dublin Fishery site. In March he wrote to the Mayor regarding graffiti near Nielsen School and got a nice response from the Chief of Police saying they would look into it. The graffiti hot line number is unlisted. The graffiti is still there about 15 feet from where the school ends. Also behind The Fishery are two mattresses, a table and junk and he has seen homeless people sleeping there on more than one occasion. He suggested that DPS at least once in a while check out vandalism and junk situations in Dublin and refer them for action. 7:22 p.m. Kasie Hildenbrand and David Haubert reported that a small group recently banded together to support the Emerald Glen Park Master Plan. This demonstrated what a positive impact a group can have on the City. They've learned a lot about City events. They wish to formally form a grassroots friends of Dublin group to enrich quality of life for residents of Dublin. They will provide constructive feedback for the Council and staff. Twenty-five residents attended their first meeting and 64 residents are current members. They invited everyone to check out their website at www.friendsofdublin.com and to CITY COUNCIL MINUTI~$ VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 335 attend their next meeting, which will be at 6 p.m., on September 6th at the Dublin Library. David Haubert stated as Friends of Dublin, they will continue to grow and will engage in local issues of importance to them; the proposed juvenile detention facility, affordable housing, open space preservation in Western Hills, etc. With regard to the juvenile hall project, recently Senator Torlakson has taken steps to clarify his position on this project. He urges further review before breaking ground in Dublin. The letter will be delivered either today or tomorrow. They urge Alameda County to reexamine their options. They feel the social costs have been under estimated by the County and they should further review their options before breaking ground. He thanked Sen. Torlakson. There will be more to come on this issue. He invited everyone to log on and participate. 7:27 p.m. Bruce Fiedler, Hemlock Street stated a couple of months back, the City Council was deliberating about providing rental subsidy through a local not-for-profit organization. He discussed an approach that would provide ongoing assistance and affordability. It involves the application of the new HUD Section 8 Home Ownership Program. Under this program, qualified individuals or families may receive mortgage assistance for up to 15 years. Since Dublin does not yet administer Section 8 assistance, such a program would entail a close partnership with the County Housing Authority. He referenced the Mayor's comments at a CTV call-in show the previous evening stating even those homes in our community which used to be affordable are now beyond the means of much of our workforce, and certainly of persons who would qualify for the Section 8 program. Mr. Fiedler stated it seems that if condos of modest size were built by local for-profit or not-for-profit developers, if there was assistance with closing costs through a local community foundation, and if the City invested in a silent second in return for ongoing affordability covenants, this kind of program might work right here in scenic downtown Dublin. Mr. Fielder advised that he had talked to staff of a county housing authority that has already been successful in carrying out this program and he saw no reason we can't make it work here. Mayor Houston stated he felt small condos are great ideas. Nobody builds condos anymore because of the ongoing liability and the lawsuits that chase them every step of the way. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 336 7:31 p.m. Mark Breazeal, Southwick Drive, commented that on March 19th there was a preliminary G&O meeting and the Councilmembers committed to high, medium and low goals. He asked how these are going. Mayor Houston stated there were about 120 goals listed, and they don't really even start until the budget is adopted. The practical application is funded July 1 ~t. He advised that toward the mid-point of this fiscal year (or December) would be the appropriate time to get an update on this. Mr. Breazeal commented that a lot of things aren't even on the list and they are things that are discussed quite a bit. He suggested that perhaps some of the Council sub- committees should be shaken up. In looking at the Vice Mayor position, the Council only looks at this on an annual basis. Mayor Houston stated some of the goals are short, medium or long term. Mr. Breazeal stated he felt some of the goals listed are pretty lame. The other Councilmembers are just as qualified as Vice Mayor Lockhart to be Vice Mayor and should be given a chance. There are some better improvements that could be made and we should look at how this could be better managed. Cm. Oravetz commented on Mr. Hopkins' request and asked if this could be agendized. Mr. Ambrose stated he recollected that Staff did what they could with code enforcement. Staff can take a look at what specific actions have been taken. CONSENT CALENDAR 7:39 p.m. Items 4.1 through 4.16 Vice Mayor Lockhart pulled Items 4.2, 4.4 and 4.11. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 21 ~t; Regular Meeting of July 3d; Special Meeting of July 17th; Regular Meeting of July 17th; and Special Meeting of July 18, 2001; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 337 Authorized (4.3 600-40) the Mayor to execute an Agreement with Alameda County for Library Services (21 additional hours per week + additional Library materials); Adopted (4.5 350-20) RESOLUTION NO. 133- 01 AWARDING BID FOR PURCHASE OF ONE (t) CRIME PREVENTION VAN TO HAYWARD FORD, INC. ($25,788) and approved a Budget Change; Authorized (4.6 350-20) Staff to distribute Request for Proposals to qualified dealers for purchase of one unmarked police vehicle and adopted RESOLUTION NO. 134- 01 DECLARING t993 FORD TAURUS AS SURPLUS PROPERTY AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF IT AT AUCTION Approved (4.7 600-30) Consultant Services Agreement for Engineering Testing, Civic Center Library, with RES Engineers Inc. ($48,624), and authorized the Mayor to execute the Agreement; Adopted (4.8 600-60) RESOLUTION NO. 135- 0t ACCEPTING IMPROVEMENTS FOR TRACT 6308 (HANSEN HILL, PHASE II) AND APPROVING REGULATORY TRAFFIC DEVICES INSTALLED AS TRACT IMPROVEMENTS and authorized Staff to accept a $655,000 maintenance bond; Accepted (4.9 600-35) improvements under Contract 01-04 (Shannon Center Parking Lot, Hansen Drive & Bedford Court Improvements); authorized release of retention after 35 days if there are no subcontractor claims; authorized a Budget Change for an additional appropriation of $1,711 in FY 2001-02; and approved Budget Change of $670 to transfer from the Shannon Parking Lot project to the Bedford Lane Subdrain project; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 338 Adopted (4.10 670-40) RESOLUTION NO. 136- 01 SUMMARILY VACATING PORTIONS OF PUBLIC SERVICE EASEMENT ENCUMBERING LOTS 14 AND 85 OF TRACT 6956 (STREETS AND HIGHWAYS CODE CHAPTER 4) Adopted (4.12 600-30) RESOLUTION NO. 137- 01 ACCEPTING IMPROVEMENTS ON CENTRAL PARKWAY, KEEGAN STREET AND DUBLIN BOULEVARD AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES WITHIN THE INSTALLED IMPROVEMENTS Adopted (4.13 600~60) RESOLUTION NO. 138- 01 APPROVING PARCEL MAP 7537 (ARCHSTRONE COMMUNITIES TRUST, A MARYLAND REAL ESTATE INVESTMENT TRUST) and RESOLUTION NO. 139- 01 ACCEPTANCE OF PARKLAND DEDICATION IN-LIEU FEES FOR PARCEL MAP 7537 Approved (4.14 540-20) a Budget Change of $3,000 for contract legal services associated with the National Fire Protection Association Standard 1710; Received (4.15 320-30) the City Treasurer's Investment Report for 4th Quarter of FY 2000-01 showing the City's investment portfolio to be $76,248,328 (cost basis), with funds invested at an average yield of 5.187%; Approved (4.16 300-40) the Warrant Register in the amount of $2,491,581.01. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 339 Vice Mayor Lockhart pulled Item 4.2 related to accepting improvements for Tract 7067 and asked about the use of the word substantially. What is not done? Mr. Thompson stated the only thing not done will be done during the one year maintenance period and this is for the roadway. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.2 410~50) RESOLUTION NO. 140- 01 ACCEPTING IMPROVEMENTS FOR TRACT 7067 (CLIFDEN PARC) AND APPROVING REGULATORY TRAFFIC DEVICES INSTALLED AS TRACT IMPROVEMENTS and authorized Staff to accept maintenance bond; Vice Mayor Lockhart pulled Item 4.4 related to the consultant contract to prepare the Housing Element Update and asked if this contractor has done projects similar to our community or how they were selected. Ms. Cirelli explained the process. The consultant is particularly experienced in working with the State HCD and this is an important tie to establish while working on the Housing Element. Mr. Ambrose stated this is a very critical area. Some cities have submitted two or three times. It's important that we have someone who understands the process and can shepherd us through. We may incur substantial penalties in the future for not having an approved Housing Element. Vice Mayor Lockhart asked several questions about 1.2 and 3.2 related to wording in the contract that discusses conducting a field check. Under 1.2, site accessibility, Vice Mayor Lockhart questioned "underused site particularly ... commercial mixed use: then it talks about conducting, a field check but later on ... could not be mitigated to a less than significant level - then in paragraph below, they will not perform independent field - is this referring to a different part of the process? Are we going to survey sites but not do field investigations. Page 9 of 19 under 3.2 was referenced. Mr. Ambrose stated one is the process that relates to CEQA and significant impacts that cannot be mitigated. We can make some General Plan changes that we can mitigate, but others that we cannot. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 340 Cm. Zika referenced 3.2 last paragraph - they will not perform - does this mean they will not go out and look at vacant or underutilized property that can be used for affordable housing? Ms. Silver stated it is important to read this in context and this is for purposes of the environmental review. Vice Mayor Lockhart discussed page 9 of 19, staff coordination and two public workshops and two public hearings with the Planning Commission and the City Council. She questioned if these are these in addition to those she and Cm. Oravetz attended with Dennis Carrington. Ms. Cirelli stated those were the initial meetings we held with advocacy groups and citizens to pass information to the consultant to enable them to start the work. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted (4.4 600~30) RESOLUTION NO. 141 -01 AWARDING A CONSULTANT CONTRACT TO PARSONS HARLAND BARTHOLOMEW & ASSOCIATES, INC. TO PREPARE HOUSING ELEMENT UPDATE and authorized the City Manager to execute the Agreement. Vice Mayor Lockhart pulled Item 4.11 related to the used oil recycling grant and asked if we have a use for these funds. Mr. Behrmann stated this fund is being used for a media campaign and it promotes the used oil sites in the City of Dublin. Vice Mayor Lockhart asked if this funding can be used to work with WMI to do curbside oil pickup? Mr. Behrmann stated yes, the funding could be used for something like this if the Council so desired. Vice Mayor Lockhart felt this would be a lot more effective than having people take it somewhere the first of the month. It would be much more convenient if we could put out used oil with garbage. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 341 Mr. Behrmann stated at several locations, people can take used oil anytime, and be paid for it. Vice Mayor Lockhart felt maybe we could look at this at contract time. It is being used in other cities. Maybe this could be put on the G&O list. Mr. Behrmann pointed out he was aware that there could be some spillage and it could potentially go down the storm drain. Cm. Zika asked if we could also do something with paint cans and turpentine cans. Mr. Ambrose stated because of the expense involved with this type of pickup, the costs involved is prohibitive. There is a lot of risk involved also. We tried doing mobile pickups, but even these were very expensive. Cm. Zika suggested once a quarter having a drop off place somewhere in the City. Mr. Ambrose stated Staff could look into this and report back. Vice Mayor Lockhart stated WMI is looking at extending the hours of the Livermore and Hayward facilities. They get long lines because they are not open very long. Mr. Behrmann stated just recently the WMI evaluated their entire household hazardous waste program. They put a 90 cent per ton surcharge on. Vice Mayor Lockhart stated residents can let them know if this is a big deal. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted (4.11 810-60) RESOLUTION NO. 142- 01 AUTHORIZING SUBMITTAL OF A USED OIL AND OIL FILTER RECYCLING GRANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD PUBHC HEARING LANDSCAPING & HGHTING DISTRICT 86-1 (VILLAGES ~ WILLOW CREEK) 7:58 p.m. 6.1 (360-20) Mayor Houston opened the public hearing. Mayor Houston stated this assessment district funds the cost of landscaping maintenance and utilities for certain landscaping improvements associated with the Villages ~ Willow Creek development. This is the second and final public hearing regarding the proposed CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 342 levy of assessments for Fiscal Year 200!-02. The assessment in this district is proposed to increase by 54%. Following the close of the public hearing, ballots submitted by property owners will be tabulated and the results announced. The City Council will then take appropriate action based on the results of the vote. Mr. Thompson discussed the requirements under Proposition 218 and reported that Staff held another neighborhood meeting; no one showed up at the first one. Property owners may submit ballots tonight or change their vote before the close of the public hearing. The ballots will be taken into the Regional Meeting Room for tabulation. Any interested parties may observe tabulation of the ballots. After tabulation, the ballots and results will be returned to the City Clerk, who will announce the result of the vote. Based on the result of the vote, the City Council will adopt the appropriate Resolution. If the vote is negative and the increase is denied, the City Council will provide direction regarding level of service. Cm. Oravetz asked if this doesn't pass, can money be taken from the General Fund. Mr. Ambrose stated the Council could do this, but the Council would need to look at the implications of this action on the other assessment districts. Nancy Soares, 7846 Crossridge Road, stated she has mixed emotions about what has gone on. A whole myriad of things have happened to bring them to this point and it is not a good situation. A lot of people are under the impression and don't realize how much not approving this will impact their property values. They were told at the meeting that if plants die, they will not be replaced. Even with the assessment happening, some of these things will not be replaced. The gentleman from MCE stated all along they have warned the City that plants were dying and not being replaced. If this doesn't pass, this is going to be horrendous. Even if it does pass, there are still big gaping holes on Dougherty Road. This is magnified over several years. This situation should have been addressed over the years. She stated she has a lot of pride in Dublin and has lived here for 27 years. It is difficult to drive down Dougherty Road and know when you hit San Ramon. She requested a 4th consideration that something come out of the General Fund to take care of this disappointing situation. The City needs to be accountable for the decisions that have been made. Mayor Houston stated he wished to respond to comments made about when you cross the border into San Ramon. He advised that a couple of years ago they increased the fees a substantial amount. The people in that area are paying for this. He would be more than happy to have them form a homeowners association to take this over. Unfortunately, this isn't going to happen. This was part of their property when they bought. The rest of the City is not going to be subsidizing this. The huge increase in San Ramon was very CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 343 controversial. The options are before the Council tonight. He reiterated he would love them to organize an association and they could then increase to whatever level they desire. This is the financing mechanism that is in place. The assessment district is what is accountable. The costs have been held down for many many years. The information that was sent out, and by law, we have to be as unbiased as we can. There are legal things we can and can't describe in what they are voting on. Mr. Ambrose gave historical information. If the City was remiss, maybe we should have called an election earlier. We attempted to hold neighborhood meetings every year and there was not an indication from the homeowners that what was going on was not satisfactory. Under Proposition 218, the only way this can be raised is by election. There are areas out there that don't look as good as they should. The landscaping needs to be improved. A committee of residents could work with the City to improve the landscaping and help stretch our dollars out there. The City will work with residents in this upcoming year. He thanked Ms. Soares for her comments. Vice Mayor Lockhart asked if there are regular reports on the work done out there. Mr. Thompson stated we get a manpower report saying how many trees were trimmed, removed, etc., and it is about a quarter of an inch thick every month. Vice Mayor Lockhart stated she felt if we have areas that are missing a lot of landscaping there should be some kind of a heads up report that this is a problem. There is some kind of a disconnect between the people out there pulling this out and the City being aware of what's happening. Even communicating could improve. We could work a little closer with MCE. Cm. Oravetz stated they could start their own homeowners association. If they do, where does the money go? Cm. Zika agreed that there is a disconnect here. If somebody from MCE notices that plants are dying, can't they do some kind of notification or paperwork? Mr. Thompson stated we do go through the area several times a year and plant. It's difficult to plant one or two plants at a time. Mayor Houston stated he felt a supervisor will have to do some type of regular inspection. Dean McDonald with MCE explained how the connect works between the foreman and irrigation labor person and they say when we need to get out and prune and when we CITY COUNCIL IVIINUTE$ VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 344 need to replace. Mr. McDonald admitted that they have dropped the ball in certain areas and are taking the extra money we have at the end of the third quarter and doing planting then. There are so many things that can happen that put them over the top of their funds. They try to be cautious with what and when they do things out there. A lot of the landscaping is very old and needs to be replaced. They have daily reports that indicate activities they are performing. The people who go out every morning have 5 other parks that they need to get to. This is more an administrative task than general labor. Ms. Soares stated the general feeling of a lot of people is they don't want a homeowner's association. They don't want to be told what color they can paint and what plants they can plant. She stated they trust the City to take care of things. There was a 30 yard dumpster out there for several weeks and a whole lot of dead stuff was pulled out and put in the dumpster. It's pretty blatant out there. Evett ???, representing the owners of the Cottonwood and Parkwood apartments stated she has met with Dean regarding landscaping at Amador Lakes which they also own. She stated she would be happy to meet on a regular basis to report and communicate the needs. She drives to all of their properties to check out the grounds. She very seldom sees MCE out there. Maybe if this passes, they could form a committee to establish some priorities. They are in favor of the increased assessment. Mr. Ambrose stated San Ramon, in many cases, quadrupled their assessments. Some residents are paying $300 - $400 per year. Mayor Houston closed the public hearing at 8:30 p.m. Ballots were given to Fawn Holman, Deputy City Clerk, who coordinated the counting in the Regional Meeting Room, along with Ginger Russell, Administrative Analyst and Rick Clark, Consultant with NBS Government Finance Group. At 9:24 p.m., the ballot counting was completed. City Clerk Kay Keck announced that the increased assessment passed. The value of the YES votes was $39,322.64 (68%), and the value of the NO votes was $12,476.12 (32%). On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Cm. Oravetz abstained), the Council adopted RESOLUTION NO. 143- 01 DECLARING THE RESULTS OF AN ASSESSMENT BALLOT PROCEEDING AND APPROVING CERTAIN ACTIONS Cm. Oravetz abstained. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 345 8:31 p.m. NOTE: Mayor Houston announced that the remaining assessment districts, Items 6.2, 6.3, 6.4 and 6.5 were being combined into one public hearing. David Haubert, 4886 Redwood Avenue, stated they have a homeowners association and they also have an assessment. He asked if they can have both? Mayor Houston explained that this could be the case; it depends upon the way the development was first formed. Mr. Thompson advised that for Items 6.2 and 6.3, the assessment is the same as it has been in the past. For Item 6.4, there is a small increase and for Item 6.5, the assessment has actually gone down a little bit. PUBLIC HEARING CITYWlDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 8:31 p.m. 6.2 (360~50) Mayor Houston opened the public hearing. (See note above.) This street lighting assessment ch'sttfct Funds the energy and maintenance costs for the CiO"s street lighdn g system, exclucEng the Dublin Ranch area. This item would approve the levy of assessments for FY3001-03. The assessment is not proposed to increase above the 2000-01 level of $15.26 per single-family residence. 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 vot% the Council adopted RESOLUTION NO. 144- 01 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 346 PUBLIC HEARING ~ (TRACT 4719 ~ STAGECOACH ROAD) LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 8:31 p.m. 6.3 (360~20) Mayor Houston opened the public hearing. (See note on Page 346.) This assessment rEsin'ct maintains landscaping along Stagecoach Road and on the interior slopes of Agate Way and Coral Way. This item would approve the levy of assessments for £iscal Year 2001-03. The assessment is not proposed to increase above the 2000~01 level of $338.73 per single-family home and $38. ag per Amador Lakes unit. 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 adopted RESOLUTION NO. 145- 01 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) PUBLIC HEARING ~ DUBLIN RANCH STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 8:31 p.m. 6.4 (360~20) Mayor Houston opened the public hearing. (See note on Page 346.) This assessment dl'stn'ct pays the cost of street lighting power and maintenance for Dublin Ranch Phase I, Area A (not inclucEng the golf course), Area G and Tract 7087, Clifden Park. This acl~bn would approve the levy of assessments for Fiscal Year 2001-02. The proposed assessment is $15.10 per lot, which is less than the maximum established for this assessment ch'stn'ct. Mayor Houston closed the public hearing. CITY COUNCIL MINUTES VOLUME 20 ~GULAR MEETING August 7, 2001 PAGE 347 No testimony was entered by any member of the public relative to this issue. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 146 - 01 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) PUBLIC HEARING LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) 8:31 p.m. 6.5 (360-20) Mayor Houston opened the public hearing. (See note on Page 346.) This assessment dist~bt l~nds maintenance of certain landscaping improvements in the Ci(y's Santa gdta development area. This item would approve the levy of assessments for Fiscal Year 2001-03. The assessment is not proposed to increase above the maximum approved for this ch'stn'ct and will be less than last year's assessment. 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 adopted RESOLUTION NO. t47- 01 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 348 WRITI'EN COMMUNICATIONS ~ ADOPTION OF RESOLUTION SUPPORTING THE PROPOSED tBART RAIL SERVICE IN THE TRI~VALLEY REGION 8:34 p.m. 5.1 (1060~$0) Public Works Director Lee Thompson presented the Staff Report and advised that Alameda County Supervisor Scott Haggerty and BART Director Peter W. Snyder have requested that the City Council adopt a Resolution supporting tBART rail service in the Tri-Valley. tBART is a lightweight, self~propelled diesel multiple-unit rail vehicle system. The concept for tBART is to supply a comparatively affordable interim service that will provide near-term interregional connections, while preserving the opportunity for a future BART extension to Livermore. Cm. Oravetz questioned why the people in Livermore settle for less when they have been paying into this for so long. Mr. Thompson stated this will give them something for an interim basis which they can use now. Cm. Zika reported CMA has spent funds for the next 25 years. Robert Allen stated he is opposed to this. He was a BART Director for 14 years, until 1988, representing the Valley. He discussed the 13.2 miles and stated it would be different if tBART were developed differently with gauge, as it would provide the impetus for future BART line. There would be no grade crossings if it were in the freeway. He talked about fare collection and the need for more people with tBART and soundwalls running through the City. There was no consideration given to the physical and environmental problems this system would create. You would have a separate control system. He stated he cannot see where the cost would be so much less than expanding BART. The costs are totally out of hand. He asked that the City Council consider carefully the ramifications before they endorse tBART. Cm. Zika discussed the costs in today's dollars. CMA will do a study to look at the alternatives, the costs, the problems, the environmental impacts, etc. The people who are going to study this will be looking at BART, tBART, an express bus system and several route alternatives. This has got to be a fluid system. He stated he plans to abstain. The letter Says this is the way we should go. It's like we've made up our minds, so don't confuse us with the facts. Cm. McCormick asked when the study is to be complete. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING. August 7, 2001 PAGE 349 Cm. Zika stated by the end of the year. Cm. Oravetz stated he will side with Cm. Zika and abstain. to Livermore. He would like to see BART go Cm. Zika stated you can only put so many trains on a track without problems. He suggested we delay. Vice Mayor Lockhart stated as a LAVTA representative, she is aware that there are more than 8,000 people taking the bus daily. This is a reasonable financial alternative that needs to be explored. There are so many opportunities at Greenville Road for a fix and there are alternatives that can be looked at. How many cars will be taken off the freeway? She stated she still has not seen a study on this. This is critical information and until we have this, it seems silly to select a system when we don't know who we are serving yet. From the perspective that she has yet to see from Livermore leadership toward high density and smart growth, she doesn't see that putting a tBART station in that won't pass acre long buildings and protect the view. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council agreed to table the Resolution until Staff brings back study showing need, cost, alternatives, etc. 8:49 p.m. Mayor Houston called for a short recess. Councilmembers present. At 9:00 p.m., the meeting reconvened with all PUBLIC HEARING VACATE EXCESS RIGHT-OF-WAY ON HOUSTON PLACE 9:00 p.m. 6.6 (670-40) Mayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that it is proposed to extend the existing Houston Place cul-de-sac to the east to connect with the extension of Scarlett Drive. This vacation of public right-of-way will eliminate the now unnecessary edge of the cul-de-sac bulb. No financial impact to the City will result from the recommended action. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 350 No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted RESOLUTION NO. 148- 01 VACATING EXCESS RIGHT-OF-WAY ON HOUSTON PLACE (STREETS AND HIGHWAYS CODE SECTION 8310 et. seq.) CITY VOLUNTEER RECOGNITION EVENT (+ CITIZEN/ORGANIZATION OF THE YEAR) 9:01 p.m. 7.1 (610~50) Assistant to the City Manager Julie Carter presented the Staff Report. A Council Subcommittee, consisting of Mayor Houston and Cm. Zika met with Staff in April to review and discuss the parameters regarding the recognition of City Council appointed Commissions/Committees and Citizen/Organization of the Year. Ms. Carter discussed the specifics of the event, which will be held at the MonarCh Hotel on October 5, 2001 from 6:00 p.m. to approximately 9:15 p.m. Ms. Carter stated because the event has grown from recognizing City Commissioners/ Committee Members with an $8,000 budgeted, to holding a Citywide recognition event, Staff estimates that an additional $4,000 will need to be budgeted to cover the increased scope. Cm. Zika stated it was felt that volunteers should be given one big party. They know all 350 invited guests won't show up, but the first 200 or 250 will get a free dinner. This will be a nice thank you party. Mayor Houston stated this is an event we are copying from the City of Pleasanton, to celebrate what we've done and the people that have made it possible. We deserve the same thing. Cm. McCormick requested that we add DHPA for all their work in the City, and also include the City's representatives on the CTV Board. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 351 Ms. Carter advised that she had also become aware of the Heritage Center volunteers. Vice Mayor Lockhart suggested we extend the invitation to volunteer and guest, rather than volunteer and spouse. Cm. McCormick asked about recognition for service clubs. Mayor Houston stated if they get nominated for Organization of the Year, they will be there. Cm. Zika thanked Julie for putting all of this together. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the $4,000 Budget Change. AGREEMENT WITH TRI-VALLEY CONVENTION & VISITORS BUREAU (TVCVB) 9:09 p.m. 8.1 (600-30) Economic Development Director Chris Foss presented the Staff Report and advised that the City of Dublin has supported the Tri~Valley Convention and Visitors Bureau through a financial stipend since 1996. The activities of the TVCVI3 have recently come under public scrutiny with the resignation of the TVCVI3's President and CEO amid allegations of financial improprieties. A proposed agreement has been prepared which outlines the services provided by the TVCVI3 to the City of Dublin in return for the City's FY 2001-02 financial contribution of $65,024. The TVCVB Board of Directors is made up of 15 volunteer representatives of the Tri-Valley's hospitality industry. Dublin is represented by Outback Steakhouse. Staff from the 4 member cities (Dublin, San Ramon, Livermore and Pleasanton) have reviewed their individual contracts with the TVCVB and have agreed that the standardization of agreements will help to formalize the City's relationship with the TVCVB and will provide controls on the expenditure of the City's financial contribution. Staff believes that the proposed contract and its financial control mechanisms will protect the City's interests in assuring that the services for which the City of Dublin contracts with the TVCVB will be delivered. Donna Flavetta and Otis Nostrand from TVCVB were present to answer questions. CITY COUNCIL MINUTES VOLUME £O REGULAR MEETING August 7, 2001 PAGE 352 Cm. McCormick clarified that we are paying half of the $65,000 this July and the balance in January. Cm. Zika stated he felt the new contract is much better than what we had before. They are all remiss in not being more diligent. Whoever is selected should be required to set a G&O for the various units as to what they plan to do in the coming year. They can then come back next year and say what they've achieved. He would like to know what they contributed to the Valley and more specifically what the City of Dublin gets for its $65,000. They've done a lot for the wineries and a lot for the golf courses, but we don't have either of these. He wants to know specifically what they've done for Dublin. We need some kind of gauge. They should set their goals and then we can see what they've accomplished. Cm. Oravetz agreed. Mr. Foss pointed out that they won't have an executive director until September or October. Ms. Flavetta stated business goes on as usual and they are still bringing in a tremendous amount of business. They hope to have someone in place by September. This looks realistic. They hope to come back and give a report to the City after the first quarter of the year. Mayor Houston suggested perhaps they could give a thumbnail sketch of what they're doing for Dublin. The bottom line for Dublin is from TOT. Ms. Flavetta stated they work very closely with the hotels, so much of the revenue comes from overnight stays. They feel they show benefit to other members by people eating and entertaining themselves while here. Vice Mayor Lockhart stated she would like them to consider two issues: one adding a voting member from each of the communities so there is consistency. This would help in the communication with the City Council. The other is there doesn't seem to be a lot of membership in the Dublin business community. She would like to see a campaign to increase business members. This might take some extra coaxing geared to the community to get businesses involved. She would like to see these addressed at the Board level. Mr. Foss reported that we have 18 members from Dublin at the present time. They have a little over 200 total members. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 353 Cm. McCormick stated she did not know how they recruit for the Board and expressed concern that we don't have enough voting rights on the Board. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council approved the Agreement with TVCVB and authorized the City Manager to execute the Agreement. ADVERTISING PROPOSAL FROM LIVERMORE VALLEY WINEGROWERS ASSOCIATION 9:26 p.m. 8.2 (150-30) Economic Development Director Chris Foss presented the Staff Report and advised that the Livermore Valley Winegrowers Association has embarked on an aggressive marketing campaign to attract visitors to the Tri~Valley area. The Association is proposing to rent advertising space at the Oakland International Airport (Terminal One) and is recruiting the City of Dublin to co-sponsor an ad at a cost of $4,400 per year ($370 per month). The ad, which is visible from both directions, would be in the Welcome Soffit above the doorway leading to security and the gates at Terminal One. The advertisement would read "Welcome to the Livermore Valley Wine Country", and would include the logos or names of the co-sponsors beneath the slogan. Mr. Foss advised that the Cities of Livermore, Pleasanton and San Ramon have committed to paying a portion of the $1,485 monthly cost, which is based on a 10-year advertising term. George Vierra stated they are raising money from wine auctions. The advertising proposed will be seen by over 10 million people per year. They feel this will benefit all the cities in the wine region. They're trying to do the same thing for the Livermore Valley as has occurred in the Napa Valley. Cm. Oravetz asked if the sign will say Dublin on it anywhere. Mr. Vierra stated across the bottom of the ad will include the name and logo of all the sponsors. He discussed the design. Mayor Houston stated he felt names rather than logos would be best. Cm. Zika asked why they didn't take this proposal to the TVCVB. CITY COUNCIL MINUTES VOLUME 20 ~ REGULAR MEETING August 7, 2001 PAGE 354 Mr. Vierra stated he called the cities direct and they started saying yes. The Oakland Airport came to him and he went directly to the cities. Cm. Zika asked what benefit Dublin will get from this. Mr. Vierra responded we could benefit the same as St. Helena benefits by being a part of the Napa Valley. Cm. Zika stated he felt the TVCVB is the place to go with this request. He doesn't see any advantage to Dublin with this. Mayor Houston stated he likes this. Other cities have embraced this. The more we get Dublin's name out there, the better. He suggested working with Caltrans and the highways and local roads to have signage that talks about "welcome to the wine country". He commented that the City's former Economic Development Director, Greg Reuel got lots of freeway signs for Dublin. This makes a difference. This has a spillover effect in many ways. Cm. Zika stated he used to travel thousands of miles at airports and he did not pay any attention to airport advertising signs. Cm. Oravetz questioned being tied into this for 10 years. Mr. Foss stated we would include a rider that would allow a city to opt out each year based on budget. We would work through Mr. Vierra and give 60 days notice if we opt out. Mr. Vierra advised that they have a fourth partner, Signature Properties. San Ramon stated they would rather see 4 cities than a private business. Pleasanton and Livermore both support this, but they have not yet voted on it. Cm. McCormick stated it feels to her like we're advertising Livermore. Mr. Vierra stated they're trying to build the name Livermore Valley in the world of wine. There will be a general overall benefit to surrounding areas in getting people to the Livermore Wine Country. Mayor Houston stated the benefit is getting people into our hotels. It is a regional thing. Napa has built up over the last 30 years. We're just starting something as a region. This is a good thing. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 355 Cm. Oravetz stated he favors it, but was concerned about a 10 year obligation. San Ramon obviously feels there is some good to it. He would be willing to try it for a year. Mayor Houston suggested it be more than a year; at least two years. Cm. Oravetz agreed. Mayor Houston suggested making it contingent upon funding of the other 3 cities. Cm. McCormick asked if this can be brought back for review before the end of a 2 year period. Mr. Foss stated the contract can be brought back. Mr. Vierra clarified that they have a commitment from 3 cities and they will put the ad up with 4 logos in September. They would like Dublin to be a part of the ad, but will not delay any longer. Vice Mayor Lockhart stated she did not feel comfortable not seeing a contract. Cm. Oravetz made a motion, which was seconded by Mayor Houston, to support the proposal and to direct Staff to place a contract on a future agenda for action with a limit of 2 years. Vice Mayor Lockhart, Cm. McCormick and Cm. Zika voted in opposition to the motion. The motion was defeated. OTHER BUSINESS 9:47 p.m. Mr. Ambrose reminded everyone that the last summer concert of the season will be this Friday evening at the Civic Center. Mr. Ambrose reported that the City has received a request to build a cellular antenna at Shannon Park. Sprint will meet at 7 p.m.'on August 13th with neighbors of the park. Mr. Ambrose advised that the City had received a letter from San Leandro related to a sustainable growth workshop being sponsored by ABAG and the Bay Area Council. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 356 Mr. Ambrose advised that Pleasanton had sent a letter inviting the Council to a Tri~Valley Council meeting on September 20th, and requesting items for placement on the agenda. Vice Mayor Lockhart stated she will be traveling to Sedona, Arizona then. Cm. McCormick advised that she attended a Tri-Valley Transportation Council meeting and had an update on 11 local projects. Mr. Thompson stated he had heard they are opening the 1-680 southbound to 1-580 westbound ramp on August 16th. The big one, eastbound, should be open in January. Mayor Houston asked about the status of the Alcosta project in San Ramon. Cm. McCormick stated the project is ready to proceed and is ready for construction, but the funding is not there yet; it will be $1.~ million. Cm. McCormick stated she and Cm. Zika attended the League of California Cities in Monterey where they had workshops on developing the power of mayors and councilmembers and a roundtable workshop which was good. Building and keeping the public trust was also a good session. Cm. Zika also commented on the workshops in Monterey. Dublin is much better off with our staff than a lot of other cities that seem to have insurmountable problems. We are very lucky. Cm. Zika reported that CMA approved a 25 year plan. The policy committee will meet monthly regarding alternatives to Greenville Road. Cm. Oravetz reported that he had gotten phone calls regarding the study session on the heritage district. He asked if Berkeley Farms has come back with their plans. Mr. Ambrose stated he briefly spoke with them. Vice Mayor Lockhart advised that they have talked with DHPA. Mr. Ambrose stated the Heritage & Cultural Arts Commission will have this on their August 9th agenda. Vice Mayor Lockhart stated on August 23rd, LAVTA will be holding a public hearing on a fare increase proposal. The meeting will be at DSRSD starting at 7:00 p.m. CITY COUNCIL MINUTBS VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 357 Mayor Houston stated he received a copy of the advertisement for Day on the Glen, September 22~d. Sybase is our title sponsor. He asked how this will be distributed? will be the City's fall festival event. It should be a lot of fun. Mr. Ambrose stated Staff will check on this and advise the Council. This Mayor Houston advised that this morning he attended a meeting of the Tri~Valley Business Council and energy problems were discussed. He was happy to see a good turnout today. Dublin, Pleasanton and San Ramon attended the meeting and had input into the issue. The discussion revolved around having municipal collaboration for power generation in the valley. San Ramon seems to be ahead of the game. They have assigned a staff person. He stated he would like to have this put on the agenda for the next meeting and have the City put out an RFP for feasibility and analysis. Mr. Ambrose clarified that this was a short timeline for Staff to prepare an RFP. Mayor Houston requested that Staff contact San Ramon to see what they have done to date. The Council can discuss this and perhaps provide future direction regarding an RFP. Vice Mayor Lockhart reminded everyone that on August 14th, there will be an opportunity to have breakfast with the Mayor at Acclaim Printing on Dublin Boulevard at 8:00 a.m. People can call the Chamber of Commerce for information. CLOSED SESSION 10:01 p.m. 10.1 CONFERENCE WITH LEGAL COUNSEL ~ EXISTING LITIGATION (Government Code Section 54956.9(a) - Name of Case: Public Utilities Commission Application 99-11-025 (PG&E Application for Tri~Valley 2002 Capacity Increase Project) 10.2 CONFERENCE WITH LEGAL COUNSEL ~ ANTICIPATED LITIGATION (Government Code Section 54956.9(b)(1) ~ Facts and Circumstances: Government Code Section 54956.9(b) (3)(B) ~ East Dublin Properties Stage 1 Development Plan, Annexation and Draft Supplemental Environmental Impact Report ~ ONE potential case. REPORT ON CLOSED SESSION ACTION No reportable action. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 358 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:15 p.m. ATIZST: City Clerk Mawr CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 7, 2001 PAGE 359