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HomeMy WebLinkAboutItem 4.01 Draft Minutes 5-4-1999 (2) . . . REGULAR MEETING - May 4, 1999 A regular meeting of the Dublin City Council was held on Tuesday, May 4, 1999, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 p.m., by Mayor Houston. .... ROLL CALL PRESENT: Councilmembers Howard, Lockhart, McCormick, Zika and Mayor Houston. ABSENT: None. ... PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. . 7:04 p.m. Mayor Houston announced that the Closed Session would be held at the beginning of the meeting. CLOSED SESSION 10.1 (640-30) The Council recessed to a closed session to consult with Legal Counsel regarding Anticipated Litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - one potential case. 10.2 (700-20) PERSONNEL - Government Code Section 54957.6(a) - Conference with Agency Labor Negotiator Richard C. Ambrose - Unrepresented City Employees: CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4/ 1999 PAGE 259 ITEM NO. ~ Office Assistant I & II, Finance Teclmician I & II, Preschool Instructor, Secretary, Recreation Coordinator, .Administrative Secretary, Administrative Aide, Assistant Planner, Community Safety Assistant, Computer Systems Specialist, Engineering Technician, Recreation Technician, Management Assistant, Administrative Assistant, Recreation Supervisor, Heritage Center Director, Public Works Inspector, Associate Planner, City Clerk, Senior Planner, Assistant to the City Manager, Assistant Civil Engineer, Associate Civil Engineer, Finance Manager, Infoimation Systems Manager, Parks & Facilities Manager, Senior Civil Engineer, Economic Development Director, Planning Director, Parks & Community Services Director, Assistant City Manager/Administrative Services Director, Community Development Director, Public Works Director/City Engineer REPORT ON CLOSED SESSION ACTION 7:32 p.m. . Mayor Houston announced that no action was taken in Closed Session. The public meeting reconvened with all CounciJmembers present. ~ . CONSENT CALENDAR 7:32 p.m. Items 4.1 through 4.12 On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of April 20, 1999; Accepted gift (4.2 150-70) of $1,000 from Valley Christian Schools; approved the Budget Adjustment; directed Staff to prepare a formal acknowledgment to the donor; and directed Police Services Staff to use the funds to purchase equipment and supplies for drug education programs; Adopted (4.3 350-20) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING 1-1ay 4, 1999 PAGE 260 . . . . RESOLUTION NO. 77 - 99 AWARDING PURCHASE ORDER FOR STREET BANNER ADDITIONS TO KELLEY DISPLAY, INC. ($7,150.28) Accepted (4.4 600-30) improvements installed under Contract 98-03A, Civic Center Roof Replacement Project, and authorized $48,795.57 final payment to B. U.R. Services; . Adopted (4.5 600-60) and RESOLUTION NO. 78 - 99 APPROVING FINAL MAP FOR TRACT 6962 (DUBLIN RANCH - NEIGHBORHOOD M1) RESOLUTION NO. 79 - 99 ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEES FOR FINAL MAP FOR TRACT 6962 (NEIGHBORHOOD M1) Accepted (4.8 600-30) work performed under Contract 98-15, Fire Station Exhaust E:h1:raction System, and approved budget adjustment of $443.76 and authorized final payment of $3,358.46 to Air Exchange; Adopted (4.11 600-30) RESOLUTION NO. 80 - 99 APPROVING AGREEMENTS WITH CONSULTANTS ON AN AS NEEDED BASIS FOR OVERFLOW SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO PRIVATE DEVELOPMENT PROJECTS STEVENSON, PORTO AND PIERCE, INC. CANNON DESIGN GROUP JERRY HAAG AND ASSOCIA TES JEFFREY GAMBONI LANDSCAPE ARCHITECT DA VID EVANS, LANDSCAPE ARCHITECT JIM HEMMANN ASSOCIA TES, LANDSCAPE ARCHITECTS PAUL NIEMUTH, LANDSCAPE ARCHITECT LSA ASSOCIA TES, INC. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4,1999 PAGE 261 and authorized the City Manager to execute the agreements; . Received (4.12 330-50) the Financial Reports for the Month of March, 1999; Authorized (4.13 640-20) the City to join the Amicus Brief in the case of Haggis v. City of Los Angeles; Accepted (4.14 150-70) a $750 gift-from AutoNation to be used to offset the cost of commemorative Dub Town Jam T-shirts; directed Staff to prepare a formal acknowledgment to the donor; and approved the Budget Change Form; Approved (4.16 300-40) the Warrant Register in the amount of $1,285,421.01. em. Lockhart pulled Item 4.6 from the Consent Calendar and asked about the company involved in recruiting. Since the Council did not see any of the proposals} she asked if DMG was comparable in cost Mr. Ambrose stated they were actually the most expensive} but the individual involved has a lot of experience recruiting for this particular type of position. The lowest one was $2} 000 less} but it was felt that this .finn would pull together the best pool of candidates. . Cm. Lockhart asked if there were any local recruitment companies considered. Mr. Ambrose explained that because this is a very critical and specific type position} there are specialfinns that deal with this type of recruitment No one locally was contacted. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council authorized (4.6 600-30) the City Manager to execute a Professional Services Agreement with DMG-MAXIMUS (not to exceed $21,500), to commence an executive search for the position of Assistant City Manager/Administrative Services Director and approved the Budget Change Form; Cm. McCormick pulled Item 4.7 from the Consent Calendar. She stated she read the 2 volumes over the weekend. She expressed concern that she may have missed some - regulations or specifications incorporating some old growth trees in CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 262 . . . . new designs and/or what to plant around old trees and the types of growth around older trees. '.. Ms. Lowart stated they addressed trees in general and didn't specifically call out new or older trees. Mr. Thompson stated this would take a special set of specifications. Cm McCormick asked if she could request this. - Mayor Houston asked if an arbonst would make comments related to what could be put in, in or around older trees or notations about the surrounding area. Mr. Thompson stated ifit is an oak tree, they don't want any irrigation or anything under it. Irrigation rots the roots. They usually prune them structurally. Mayor Houston asked if they could put this in writing somewhere in the documents. Cm McCormick stated she also didn't find for trails and paths, anything about wood chips or natural wood fibers. She asked if there are specifications included. She noted gravel was mentioned. Mr. Thompson stated we usually use asphalt or concrete, and use wood chips under swings. It tends to get washed away with rain. Mr. Ambrose pointed out that these specifications apply to neighborhood parks. They are usually more manicured. Trails will brush alongside the neighborhood parks. They get a lot more traffic and they are a lot more maintenance. Mayor Houston asked about the trail in the Hansen Ranch area. Mr. Thompson stated this will have an aggregate rock base and will be also used for emergency trucks. On motion of Cm. McCormick, seconded by Cm. Lockhart, and by unanimous vote, the Council agreed that Staff will put in the additional language and bring back the Park Development Standards for adoption at the June 1st City Council meeting (4.7 920-20). CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 263 '"" " Cm. Lockhart pulled Items 4.9 and 4.1 o.from the Consent Calendar and asked . about the exact location of wh~re this is: Mr. Thompson replied that it is from Amador Valley Boulevard north to the City Limit line. It is on the east side of the channel. Item 4.10 is the same area. On motion of Cm. Lockhart, secon':ied by Cm. Howard, and by unanimous vote, the Council adopted (4.9 600-40) RESOLUTION NO. 81 - 99 APPROVING COOPERATIVE FUNDING AGREEMENT BETWEEN THE EAST BAY REGIONAL PARK DISTRICT AND THE CITY OF DUBLIN - FUNDING FOR THE CONSTRUCTION OF THE IRON HORSE TRAIL FROM THE ALAMEDA COUNTY LINE TO THE 1~580/1-680 INTERCHANGE IN DUBLIN and authorized the City Manager to execute the agreement; Adopted (4.10 600-40) . RESOLUTION NO. 82 - 99 APPROVING AN AGREEMENT BETWEEN THE CITIES OF DUBLIN AND PLEASANTON FOR CONSTRUCTION/REIMBURSEMENT . FOR PHASE II OF THE ARROYO/IRON HORSE TRAILS PROJECT and authorized the City Manager to execute the agreement; Cm Lockhart pulled Item 4.15 from the Consent Calendar and stated she noted it talks about lighted tennis courts and questioned if the electricity is included to put up the score booths. Jen Ram stated yes it includes the conduit. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted (4.15 600-30) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAr:~ ?f..4 . . . . RESOLUTION NO. 83 - 99 APPROVING THE REQUEST BY VALLEY CREST TO WITHDRAW THEIR BID FOR CONSTRUCTION OF EMERALD GLEN PARK PHASE I, CONTRACT 99.04 and RESOLUTION NO. 84 - 99 AWARDING CONTRACT 99.04 CONSTRUCTION OF EMERALD GLEN PARK PHASE I TO GOODLAND LANDSCAPE CONSTRUCTION, INC. ($3,988,000 + 1 ALTERNATE $23,800) ~ PUBLIC HEARING - PA 98-055 MICRO DENTAL LABS~ INC.9 DEVELOPMENT AGREEMENT 7:45 p.m. 6.1 (600-60) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and explained that this is the second reading of an Ordinance which would approve a Development Agreement between the City of Dublin, HHH Supply and Investment, and the Alameda County Surplus Property Authority for the Micro Dental laboratories project. The DA is required by the Eastem Dublin Specific Plan. Cm. McCormick asked if there had been any further conversations about public art. Mr. Peabody stated they have had brief conversations since they last met. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 265 On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous . vote, the Council waived the reading and adopted ..... ORDINANCE NO.1 0 - 99 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, HHH SUPPLY AND INVESTMENT (PA 98-055) AND THE ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR MICRODENTAL LABORATORIES .. PUBLIC HEARING - PA 98-035 TASSAJARA MEADOWS II DEVELOPMENT AGREEMENT 7:46 p.m. 6.2 (600-60) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that this is the second reading of an Ordinance which would approve a . Development Agreement between the City of Dublin, Mission Peak Homes, Inc., and the Alameda County Surplus Property Authority for the Tassajara Meadows II project. The DA is required by the Eastem Dublin Specific Plan. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 11 - 99 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, MISSION PEAK HOMES, INC. (PA 98-035) AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR THE TASSAJARA MEADOWS II (COUNTY SITE 1) PROJECT .. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 266 . . . . PUBLIC HEARING - PA 98w007 GENERAL MOTORS AUTOMALL DEVELOPMENT AGREEMENT , 7:47 p.m. 6.3 (600-60) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and explained that this is the second reading of an Ordinance which would approve a Development Agreement between the City of Dublin, Argonaut Holding, Inc., ; and the Alameda County Surplus Property Authority for the General Motors Automall project. The DA is required by the Eastem Dublin Specific Plan. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 12 - 99 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, ARGONAUT HOLDING, INC. (PA 98w007) AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR THE GENERAL MOTORS AUTOMALL PROJECT .. PUBLIC HEARING - PA 98w063 TOLL BROTHERS DEVELOPMENT AGREEMENT 7:48 p.m. 6.4 (600-60) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and explained that this is the second reading of an Ordinance which would approve CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4" 1999 PAGE 267 l"' a Development Agreement between the City of Dublin, Toll Brothers, Inc., and . the Alameda County Surplus Property~Authority for the Toll Brothers residential project. The DA is required by the Eastem Dublin Specific Plan. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion ofCm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 13 - 99 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, TOLL BROTHERS, INC., (PA 98..063) AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR THE EMERALD GLEN #4 RESIDENTIAL DEVELOPMENT ... PUBLIC HEARING - PA 96..037 . ORDINANCE REQUESTING CONSENT OF BOARD OF SUPERVISORS AND THE ZONE 7 BOARD TO ANNEX SCHAEFER RANCH TO ZONE 7 FOR WATER PURPOSES ONLY 7:48 p.m. 6.5 (1000-30) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and advised that adoption of this Ordinance would initiate the annexation process of Schaefer Ranch into Zone 7 for water services. This step is necessary for water service to be provided for Schaefer Ranch. Mr. Carrington advised that this matter will go before the Zone 7 Board of June 16th, and before the Alameda County Board of Supervisors on June 29th. No testimony was entered by any member of the public relative to this issue. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 268 . . Mayor Houston closed the public hearing. . . .... On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 14 - 99 APPLYING TO THE BOARD OF SUPERVISORS AND THE BOARD OF DIRECTORS OF ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR CONSENT TO ANNEX TERRITORY WITHIN THE CITY OF DUBLIN TO ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR WATER SERVICES ~ PUBLIC HEARING AMENDMENT TO TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE 7:49 p.m. 6.6 (390-20) Mayor Houston opened the public hearing. City Attomey Silver presented the Staff Report and advised that this item before the Council is for adoption of a Resolution amending Resolution No. 89-98, which adopted the Tri- Valley Transportation Development Fee, which funds regional transportation improvements due to increased traffic in the City. This proposed amendment is to clarify one of the exemptions and to change the date of the annual adjustment. No change is proposed to the amount of the fee. Ms. Silver advised that it would be clarified that a development project which is subject to a development agreement which requires the developer to pay the TVTD Fee is not exempt from the fee. All development agreements for Eastem Dublin projects require paYment of the TVTD Fee. Ms. Silver stated the TVTC has also recommended that the 7 jurisdictions change the effective date of the adjustment from March 1st to July 1st since the information to calculate the fee is not available until after March 1st. The JPA CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 269 provides that the Fee be adjusted annually by the increase or decrease in the Engineering News Record's Construction Cost Index for the San Francisco Bay . Area. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 85 - 99 REVISING RESOLUTION NO. 89-98 ADOPTING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES ... PUBLIC HEARING REPEAL OF LIMITED PARKING ZONES ON SIERRA LANE 7:51 p.m. 6.7 (570-20) . Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that this is the second reading of an Ordinance that would repeal limited parking wnes on Sierra Lane which are no longer needed. 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. Lockhart, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 15 - 99 REPEALING LIMITED PARKING ZONES ON SIERRA LANE ...f>- CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4.1 1999 PAGE 270 . . . . PUBLIC HEARING - DUBLIN RANCH "AREA A", "AREAS B - E, F, G, & H" - DEVELOPMENT AGREEMEN~ PA 96-038 (AREA A), PA 96-039 (AREA B - E), PA 98-068 (AREA F), PA 98-069 (AREA G). & PA 98-070 (AREA H) 7:52 p.m. 6.8 (600-60) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that introduction of this Ordinance would approve a Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project Areas A through H. The Dublin Ranch project is located generally along the east side of Tassajara Road, north of 1-580 and west of Fallon Road. Mr. Peabody advised that all required public improvements for this area have been guaranteed by the Developer. Certain major improvements will be accomplished through the use of an assessment district and the rest through the normal required conditions on future entitlements, and subsequent required development agreements. In addition to required Eastern Dublin development agreement conditions, the City will receive an additional 7.5 acres of community park to address the City's existing park deficiencies, a $2 million contribution for the future library and maintenance funding for major storm drain facilities. This will be a large long-term development, 20 to 25 years of future development. The Planning Commission reviewed this project on Apri113th. Cm. Lockhart clarified that this DA does not guarantee annexation of the Wallis property . Mr. Peabody stated it does not, but they have agreed to pay the fees appropriate at the time. Cm. Zika stated page 3 talks about 573 homes around the golf course and 1,875 on the balance of the land. He asked if we are guaranteeing them this amount of units. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING M~y 4, 1999 PAGE 271 Mr. Peabody stated these are the numbers that were approved by the City Council when they approved the PD. If they can get this many units on the . property, we would allow that,number. Cm. Zika referenced an historical situation where 200 homes were approved but because of soil tests, they couldn't get them on. He asked if we would be required to allow that many no matter what. Mr. Peabody stated no, they would have to conform to all normal requirements. If they wanted to change the number of units, they would have to come back to : the City Council with a new PD. Cm. Zika asked if these numbers represent the medium or high of the range. Mr. Peabody explained that there was an enormous amount of evaluation as to what could be put in and a good look was done on all the geographic areas as to how many units they could cany. The overall plan does not exceed the numbers in the GP and as established by the City Council. Martin Inderbitzen, 5510 Sunol Boulevard, Pleasanton stated they are in . concurrence with the Staff Report recommendations. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and introduced the Ordinance approving the Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project. ... CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4/ 1999 PAGE 272 . . . . PUBLIC HEARING - ORDINANCE ADOPTING THE 1997 EDITION OF THE UNIFORM BUILDING CODE, THE 1996 NATIONAL ELECTRICAL CODE, THE 1997 EDITIONS OF THE UNIFORM PLUMBING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, AMENDING CHAPTER 5.08 OF THE DUBLIN MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 1997 UNIFORM FIRE CODE, AMENDING CHAPTER 7.28 OF T~E DUBLIN MUNICIPAL CODE (BUILDING REGULATION ADMINISTRATION) AND REPEALING CHAPTER 7.56 OF THE DMC (SWIMMING POOL ENCLOSURES} 8:06 p.m. 6.9 (440-20) Mayor Houston opened the public hearing. Building Official Ken Petersen presented the Staff Report and advised that the Uniform codes are adopted and published by the California State Building Standards and by the California Department of Housing and Community Development on a three-year cycle. The provisions of the Ordinance must take effect on July 1, 1999 pursuant to the State of California. Mr. Petersen stated there are 2 proposed changes to be added to the DMC that will amend Chapter 7.28. Section 7.28.155 of the DMC adds a requirement that if a conflict between Uniform Codes or Manufacturer's instructions exists, the more stringent provisions shall prevaiL This modification is necessary to bring the City's regulations into conformance with the Uniform Code. Section 7.28.310C of the DMC adds a requirement that if a plan submittal is not complete that the architect on record shall list all Deferred Submittal items in the plans and shall be required to review all Deferred Submittal items before submittal to the City for review. This modification is necessary to bring the City's regulations into conformance with the Uniform Code. Mr. Petersen explained 8 proposed changes to the Fire code, Chapter 5.08 of the DMC. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 273 These include Chapter 5.08.010 of the DMC, change year from 1994 to 1997 . and 1998. ',- Section 101 change section numbers to be consistent with 1997-98 text. Section 105.8 Appendix IV-B add to Christmas Tree Sales Item c.10. Section 902.2.2.2 Public Works approvals of access roads prior to construction. Section 903.4.3 Hydrant marking -deleted and the test of code has adopted the 'language. Section 1003.2 changed section numbers to be consistent with 1997-98 text. Section 1006.2.4.1 amendment deleted, text of code has adopted the language. Section 1007.3.4.2 language has been deleted and re'\\1TItten. Mr. Petersen indicated that the Council must identify which of 3 options they want included in amendments to the 1997 Uniform Building Code (chapter 7.32) . regarding wood burning stoves. The City is concemed with wood buming because fireplaces and wood stoves generate 400/0 of the particulate matter in the Bay Area during the winter months. Of greater concem are the fine particles, which can lodge deep in the lungs causing permanent lung damage. Burning wood also generates carbon monoxide, nitrogen dioxide, volatile organic and toxic air pollutants. The City Council should select one of 3 options which would be included in the text of Chapter 7.32: Option 1: No regulations on the installation of solid fuel buming fireplaces. Option 2: Regulation allowing for installation of certified fireplaces only. Section 7.32.205 of the DMC, Section 3101.1 of the UBC, Chapter 31, Prohibited Installations - add a new Section 3101.1 to read: A. It shall be unlawful to install a wood burning fireplace or appliance that is not one of the following: 1) Pellet-fueled wood heater, 2) EPA certified wood heater, CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4r 1999 PAGE 274 . . 3) Fireplace certified by EPA (Should EPA develop a fireplace certification program.) .... Option 3: Solid Fuel Burning Fireplaces and Appliance Prohibited completely. Section 7.32.205 of the DMC, Section 3101.1 of the UBC, Chapter 31, Prohibited Installations - add a new Section 310 1.1 to read: A. It shall be unlawful to install a solid fuel burning fireplace or appliance. The Bay Area Air Quality Management District recommended Option 2, in a letter to City Officials on January 26, 1999. Our existing fee structure will remain in place. Cm. Lockhart asked about 105.8 Appendix IV-B, Item c.10 on page 3, related to Christmas trees. She stated the Council is looking at temporary signage. This won't relate to signs will it? Jim Ferdinand stated this section relates to how to keep trees safe during the holiday season. . Cm. McCormick commented on the wood burning fireplaces and asked if this would also apply to remodels or just new construction. Mr. Petersen responded it would apply to new construction and remodeling. Cm. Zika asked if he meant this would apply if you are adding or remodeling a fireplace? Mr. Petersen responded yes. Cm. Zika pointed out we don't talk about a difference of wood burning or solid fuel. Mr. Petersen stated they are the same. Mayor Houston clarified if you wanted to repair your existing fireplace, you could do it. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 275 . Mr. Petersen stated this would be considered an existing fireplace. . Mayor Houston asked about elimination of swimming pool enclosures and what this is about. Mr. Petersen stated prior to the 1997 Code, we didn't have a section that covers this, but it is now in the Code as part of the body rather than as an appendix. We will maintain what we have. No testimony 'was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. The City Council agreed to option 2 with regard to wood burning stoves. On motion of Cm. Zika, seconded by Cm. Lockhart, and by unanimous vote, the Council selected Option 2 regarding Wood Burning Stoves regulations to be included in amendments to the new 1997 DBC (Chapter 7.32), and adopted RESOLUTION NO. 86 - 99 . INCLUDING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE TO BE ADOPTED BY REFERENCE IN THE DUBLIN MUNICIPAL CODE and waived the reading and INTRODUCED the Ordinance. ..,., AGREEMENT WITH GOODTIMES PROMOTIONS FOR DUBLIN PASTA FESTIVAL 8: 16 p.m. 7.1 (600-30) Parks & Community Services Director Lowart presented the Staff Report and advised that in accordance with Council direction, Staff had prepared an agreement with GoodTimes Promotions, Inc., for management services for the 1999 Dublin Pasta Festival to be held September 11 & 12, 1999. CITY COUNCIL MINUTES , VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 276 . . . . Ms. Lowart advised that the agreement will be reviewed each year for up to 5 years. If the agreement is terminated before October 1, 2001, GoodTimes will have the exclusive right to use the name "Dublin Pasta Festival". lfthe agreement is terminated after October 1, 2001, the City shall have the exclusive right to use the name. Cm. Lockhart stated she was curious about the fact that last year it was the Dublin Pasta & Jazz Festival, and this year, it's minus the jazz. She asked just what name do they own and how do they go about owning it? - Ms. Lowart stated the original festival they purchased from the Downtown Merchants Association was the Pasta Festival and they later added jazz. They are now recommending that the jazz portion be deleted. Dan Mace, with GoodTimes Promotions stated the name was purchased from the Pleasanton Downtown Merchants Association 3 years ago and there was a cost involved, which included inventory as well as signage and the name. What they bought were the exclusive rights to have the festival anywhere in the valley. Cm. Lockhart asked how Pleasanton came to own the name pasta. Mayor Houston stated it is the same thing as the Rose Parade in Pasadena. None of the surrounding cities would use the name Rose Parade. Mr. Mace stated they should take out the word own, and just say they have the rights to the name. Mayor Houston stated usually if you invest time effort and money in a name, within your coverage area you would not want somebody to come up with the same idea. Many times there is a covenant that this company will not put a like festival together in a neighboring city. Usually you have a covenant not to compete. There's usually geography spelled out. The promoter has put on this event for several years and we would not want them to put on a jazz festival in San Ramon. Cm. Lockhart clarified at the end of 3 years they give up their rights to have another pasta festival in a neighboring town. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 277 Mr. Mace stated this is correct. . Cm. McCormick asked about- shuttle services from BART that says, if it is possible. Mr. Mace stated they will probably work with Wheels and put this into the marketing materials. They do this for other events. Ms. Lowart stated we have been successful in doing this with other festivals. They don't anticipate problems in this regard. Ms. Lowart pointed out that with regard to non-competition, Section 17 addresses this. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council approved the agreement and authorized the Mayor to execute and approved the Budget Change Form. ... AMADOR VALLEY BOULEVARD/STARWARD DRIVE TRAFFIC STUDY . 8:26 p.m. 8.1 (590-80) Public Works Director Thompson presented the Staff Report and advised that the City Council requested that Staff prepare a traffic safety report regarding the Amador Valley Boulevard/ Starward Drive intersection because of a recent traffic accident and because of additional traffic anticipated from the Starward single family development being constructed on Starward Drive. Lori Hileman from TJKM presented the results of the study and reviewed the report which discusses sight distance (visibility) issues related to the crosswalk on Amador Valley Boulevard, traffic signal warrants, accident experience, peak hour volume, lighted crosswalks, and whether a traffic signal would be warranted as a result of the development. Ms. Hileman stated Gordon Lum was also present to answer questions. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING MClr 4,1999 PAGE 278 . . . . Cm. Lockhart asked what it is in the vision that makes the crosswalk closer to the light give better vision. What makes it safer closer to the light? ..,. Mr. Lum used a diagram to explain the line of sight. It has to do with the curve of the road. It is better for both the pedestrian and a driver. Cm. Lockhart asked if it is better or worse when you are right in the middle of crossing to go to the library. She asked if they made any notice on the Donohue Drive sign. The sign blocks out everything in the center. It is low and it is very wide. It is in the median and right at the curve. It is difficult to see the . crosswalk because of the sign. Mr. Ambrose asked if we have a hanging street sign at that location. We may want to look at this and replace it with a hanging sign to get it out of the median. It is currently a ground-mounted sign. We could look at what would be involved in putting in a lighted sign. Cm. Lockhart commented on the speed. This crosswalk is so close to the light that drivers may see the light tum yellow and speed up to make the light. She is concemed about the speed there. Mayor Houston felt we have been through this in other parts of the City. Crosswalks without lights give people a false sense of security. He would never dream of crossing at this location. When he is out jogging, he crosses with a light. The one in front of Albertson's is a nightmare, because there is so much action going on at this location. Those crosswalks are dangerous. At certain times of the day with the sunlight blinding you, this also contributes to a dangerous situation. He discussed new traffic coming from Starward and the way the street is so wide. He asked if there would be some benefit to tightening this area up somehow with a median. This would help with the new traffic. Mr. Ambrose reported that there is a product out with built in lights in sidewalk where when a pedestrian enters it, the lights go on and flash. We do not currently have any in our city, but it is a new product that some cities are considering. You can see them during the day. Cm. Lockhart stated there is a flashing light up on Dougherty. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 279 Mr. Ambrose stated these are actually embedded into our sidewalk. Signaliza- tion is a problem because it is so close. to the next signal. . ,," Pat Zahn, Dublin Library Branch Manager stated she has been here for 6 years and during that time she has voiced her concem to City Staff members about this crosswalk. She used to use it to get to Eric's Deli. It appears that people were ::drning at her directly. One of her co-workers also feels you take your life in your hands crossing there. When you use that crosswalk, you have to stop in the median and then wait. If this is going to be a senior center someday, this won't fly. She felt the crosswalk should be taken out because it is dangerous. - She believes the speed limit should be changed to 25 mph as it is for schools. If not a flashing yellow light, what about those round speed bumps that would slow traffic down. Whatever kind of lights you use, consider what a life is worth. Clarice Glass, 7319 Starward Drive #42 stated she lives in that area and is a professional pedestrian. She does not own a car by choice. She has been almost hit at least 7 times. She caused an automobile accident when one person stopped and others piled into them. The speed limit should be lower there. An exercise by the Dublin Police could wam people there when one car stops, others should pay attention because they have no idea why that one car stops. . Mr. Ambrose stated one other option would be to take a galvanized pipe type of sign and say no pedestrian crossing and this would force people to use the Donohue intersection. It is not that far. Cm. Lockhart asked if you would do the same thing at Albertson's. Mr. Ambrose stated the City Council may want to look at this. Mayor Houston felt these two crosswalks were the by product of when Dublin was a different place. This is a major street. He felt these two areas should be removed because it is just too dangerous. There's no need to have them just because they've always been there. Mr. Ambrose stated he felt the City could not use radar to enforce a speed limit of 25 mph there, because the courts look at the 85th percentile speeds. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 280 . . . . Mayor Houston felt we could narrow the street somewhat. Cm. Lockhart felt we have a tremendous amount of businesses along both sides of the street to make people go to Donohue or Regional. There are a lot of walkers in the area. Mayor Houston stated if he was a senior and couldn't see very well, he sure wouldn't cross there. Cm. Howard stated she would like to see the crosswalk removed. Mayor Houston made a motion to remove the 2 crosswalks. Mr. Ambrose reported that Staff would have to bring back the appropriate document at the next meeting. Cm. Lockhart stated she does not see us helping cars to be more responsible to people in the area. Cm. McCormick stated she would like to see more about flashing lights and the narrowing of Starward and explore some of the costs and engineering involved. She did not feel the Council should make a decision tonight. Mr. Lum suggested as a compromise plan, they recommend no pedestrian crossing but rather use the crosswalk to encourage people to use the northeast comer. Cm. Zika stated the speed limit on Amador Valley Boulevard past the AM/PM Mini-Mart all the way to Dougherty Ro~d is 25 mph. Why can't we make it this limit all the way to San Ramon Road? It would be nice to eliminate crosswalks, but he doesn't think people will comply. They've been using the one by Albertson's for 30 years, and they will probably continue. Mayor Houston felt either get rid of the crosswalks or put in lights. The only way to make people slow down is narrow the road and force people to slow down. This is a parkway in our town that they're trying to tum into a pedestrian street. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 281 Mr. Ambrose stated he felt we have about 17,000 cars per day through the commercial area. If you want to use radar, trying to pace somebody is more difficult. .. . Mr. Lum explained the 85th percentile and establishment of a speed limit. If 85th is 37 mph then your speed limit is 35 mph but exception is if you have an exceptional accident rate, you can lower it an additional 5 mph. This segment of Amador Valley Boulevard is scheduled to be resurveyed and they will have new data to determine what is enforceable in court. It might be appropriate to have something saying a lower speed limit when children are present. Cm. Zika stated he felt yellow signs saYing pedestrian crossing could be used also. He felt we should see what altematives we've got. Cm. Lockhart stated she felt we should also be reasonable about costs too. She likes the idea of narrowing Starward. Mr. Lum stated the current speed survey expires in October of this year. Cm. McCormick felt new data may support lowering the speed limit. . Mr. Lum stated they can update the speed survey whenever Staff directs. Mayor Houston felt we should do it this summer, before school is out. On motion of Mayor Houston, seconded by Cm. McCormick, and by unanimous vote, the Council directed Staff to have the survey done prior to June 10th and then report back to the City Council. ... INITIAL LEGAL PROCEEDINGS PROPOSED DUBLIN RANCH ASSESSMENT DISTRICT 9:02 p.m. 8.2 (360-10) Community Development Director Peabody presented the Staff Report and explained that this item is for the Council to review and approve the initial legal steps necessary for the formation of the Dublin Ranch Assessment District. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4/ 1999 PAGE 282 . . . . Assuming Council adoption of the 3 Resolutions as recommended, the boundary map will be recorded in the County Recorder's records. The next step will be for the Director of Public Works to prepare and file the required engineer's report, containing the matters required by law. When the report is ready for filing, it will be scheduled for preliminary approval by Council Resolution, which will establish the time, date and place of the required public hearing. In the meantime, Bond Counsel will be drafting and circulating among the working group a draft agreement between the CitY and the Lins respecting procedures and conditions for issuance of bonds and e},.""Penditure of bond , proceeds to acquire completed public improvements to be constructed under contracts the Lins will enter into with the respective contractors, together with requirements for the Lins to provide information for the Official Statement respecting their development plan and related financing plan. Mr. Peabody advised that Sam Sperry was present to answer any questions. On motion of Cm. Zika, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 87 - 99 ACCEPTING PETITION AND DETERMINING TO UNDERTAKE SPECIAL PROCEEDINGS CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 DUBLIN RANCH and RESOLUTION NO. 88 - 99 APPROVING THE BOUNDARY MAP CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 DUBLIN RANCH and RESOLUTION NO. 89 - 99 ADOPTING THE RESOLUTION OF INTENTION CITY OF DUBLIN ASSESSMENT DISTRICT NO. 1999-1 DUBLIN RANCH ... CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4/ 1999 PAGE 283 1 .: AGREEMENT WITH GEORGE E. HOMOLKA, INC., FOR DUBLIN RANCH ASSESSMENT . DISTRICT PROCESSING AND OVERSIGHT ENGINEERING SERVICES 9:05 p.m. 8.3 (600-30) Public Works Director Thompson presented the Staff Report and advised that portions of the public streets and utilities within the proposed Dublin Ranch development are planned to be financed through an assessment district. This contract will provide oversight of the District proceedings for the City. The - proposed fee for the work is not to exceed $100,000 for a one-year period. The cost of services to be provided under this agreement would be paid by the Assessment District once it has been formed and bonds sold. Preliminarily, the cost of services would be paid from deposits received from Jennifer Lin (Dublin Ranch Developer) and later reimbursed by the Assessment District, when formed. On motion of Cm. McCormick, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 90 - 99 APPROVING AN AGREEMENT WITH GEORGE E. HOMOLKA, INC., FOR CONSULTING SERVICES ... . PURCHASE PREFERENCE FOR LOCAL VENDORS IN THE CITY PURCHASING ORDINANCE 9:06 p.m. 8.4 (380-10) Assistant City Manager Rankin presented the Staff Report and advised that this item was originally scheduled to be considered at the meeting of April 20th, but due to time considerations, it was deferred. The City Council requested that Staff review the current Purchasing Ordinance and determine whether a preference could be granted to local businesses. The City Attomey reviewed the issue and recommends against enactment of this policy. It is believed that this type of law CQuld be subject to legal challenge. Staff also reviewed policies in CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 284 . . surrounding cities and the agencies award purchases based solely upon the lowest cost. Mr. Rankin stated, in summary, no change is recommended to the current Ordinance. Cm. Zika asked how long it has been since we upgraded the criteria for purchases up to $200. Mr. Rankin stated the policy was established about the time he got here in .1983. Cm. Zika suggested that on purchases up to $5,000 where we call around and get 3 quotes, that a policy be set up that at least one be a Dublin vendor. He asked if information with regard to identifying certain categories is available from our business licenses. Mr. Rankin stated his Staff had done a mailing of bid notice to the Chamber so they can advertise this. The business license information is generated based on . state standard codes and probably would not be helpful in this regard. Cm. Lockhart asked if it is standard policy to include the sales tax and do we do this on a regular basis. l\1r. Rankin stated it will not be in writing but we have as a matter of practice done this. It is rare that bids are this close. Cm. Lockhart stated she would like to see Staff look even in the yellow pages to get somebody in Dublin to bid. Mr. Ambrose commented on Cm. Zika's point that maybe we should look at increasing the $200 amount to $500. This could be brought back to the City Council. Mayor Houston stated he felt part of this is just the best effort of Staff. We don't want to get into a problem where maybe 2 Dublin businesses get slighted. We make our best effort to keep it local, but we also need to get things done quickly. . CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING Mzy 4, 1999 PAGE 285 Cm. Zika suggested maybe when people renew their licenses, Staff could ask them if they want to be put on the bid .list for City of Dublin purchases and let them check a box. . Mr. Rankin stated our commodities spending is not a big number. By consensus, the Council directed Staff to bring back the change to $500 and make it a policy to at least include one Dublin vendor on the short list. +- OTHER BUSINESS 9: 13 p.m. Educational Summit Seminar (515-60) Mr. Ambrose reminded everyone of the Educational Summit this Saturday at Dublin Elementary School. .. . Transportation Meeting (1060-40) Mr. Ambrose advised that there will be a Tri- Valley Transportation Forum on Friday, May 21st. .... Dublin Farmers' Market (470-50) Mr. Ambrose advised that the Dublin Farmers' Market is on schedule to open June 5th. Mayor Houston commented that there was recently an interesting newspaper article on farmers markets and about the State's role. The state is going through budget hearings and if the Department of Agriculture is not funded, they won't provide service. Maybe we should send letter that we would like them to keep supporting this. CITY COUNCIL MINUTES . VOLUME 18 REGULAR MEETING May 4/ 1999 PAGE 286 . Mayor Houston requested that Staff look into this and bring back an item at the next City Council meeting. ' . . .. Creek Clean-up (530-20) Cm. McCormick commented on the April 24th creek cleanup. It was a wonderful experience and. about 100 people showed up and worked. She thanked several companies, businesses, teachers, students, cub scout packs, colleagues, etc. Mr. Ambrose dug a tire out of the creek. She also thanked the Public Works Department and DSRSD, and everyone who participated. The creek is much cleaner thanks to Dublin people. ..... Waste Management Seminar (810-10) Cm. Lockhart stated she had information for Staff regarding a Waste Management 2-part seminar on how easy it is to be building green. They suggested that we do everything in our power to get someone to the seminar. .. Rowell Ranch Rodeo (610-85) Cm. Lockhart stated May 12th is the Rowell Ranch Rodeo and she was curious with regard to how many Councilmembers will be on horseback. Cm. Zika stated it has been 50 years since he's been on a horse, so he doesn't want to try it now. .. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 287 . Cm. Lockhart reported that she will be gone May 21st - 30th, and any complaints during that time will have to go to someone else. She wished all the Mothers of Dublin a "Happy Mother's DaY'. Council Announcement (610-80) .... Educational Summit Seminar (515-60) Mayor Houston also reminded everyone of the Educational Summit. It is an all day event. Anyone can come and participate. People can reserve space by calling the City at 833-6605 or call the School District at 828-2551 x 8002. We want everyo~e's thoughts and ideas on how to improve our schools. +- Recognition of Paul Rankin (700-10) Mayor Houston recognized Paul Rankin for his outstanding service to the City . for the last 15 years. He stated he expected to see him move on to bigger and better things much sooner; we were fortunate to keep him for all these years. There will be a luncheon at the Dublin Fishery for Paul on May 27th. For reservations and/ or information, contact City Offices at 833-6650. ... Commander Mape (950-40) Mayor Houston reported on what he felt was a special thing for our City when the body of Commander Mape was retumed after 30+ years. He attended the service over in San Mateo and there were a lot of friends of the Mape Family there. This makes our Mape Memorial Park even more special. The family has indicated they appreciate all the things we have done at the park. ... CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 288 . . . . ADJOURNMENT 11.1 ~ There being no further business to come before the Council, the meeting was adjourned at 9:21 p.m. Mayor ATTEST: City Clerk ~~ CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING May 4, 1999 PAGE 289