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HomeMy WebLinkAboutItem 4.01 Draft 10-4-05 Minutes ô~ ~~ MINUTES OF THE Crn' COUNCIL r~@'{ì&~~ OF THE Crn' OF DUBUN ~ ~\\~ 1t£6ULAR M££TlN6 - OCTOB£1t 4. 2005 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: J. CONFERENCH WJï'H LEGAL COUNSEL - ANTICIPAThD LiTiGATION Initiation of litigation pursuant to Government Code section 54956.9, subdivision c (2 potential cases). ll. CONFHRENCE WITH LEGAL COUNSEL - ANTICiPATED LiTIGATION Government Code Section 54956.9, subdivision (b)(l) Facts and Circumstances: Government Code Section 54956.9, subdivision (b)(3)(B) ClP Project /I- 96920 · A regular meeting of the Dublin City Council was held on Tuesday, October 4, 2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Lockhart. · ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, and Oravetz and Mayor Lockhart. ABSENT: Vice Mayor Zika. · PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. DlJBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 355 www.ri.dublin.ca.us I ./ · REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no action taken during Closed Session. · INTRODUCTION OF NEWLY APPOINTED COMMUNITY DEVELOPMENT DIRECTORJERI RAM, AND NEW EMPLOYEES: ASSOCIATE PLANNER LINDA A,JELLO, SR. PLANNER ERICA FRASER. AND RECREATION SUPERVISOR FRANK LUNA 7:06 p.m. 3.1 (700~ 10) City Manager Richard Ambrose introduced Jeri Ram as Dublin's new Community Development Director. Ms. Ram has worked for the City since 1994, and served as Planning Manager for 4 years prior to her appointment as Community Development Director. Community Development Director Jeri Ram introduced Associate Planner Linda Ajello and Senior Planner Erica Fraser. Parks and Community Services Manager Paul McCreary introduced Recreation Supervisor Frank Luna. · PROCLAMATION DECLARING OCTOBER 2005 AS "CRIME PREVENTION MONTH" 7:12 p.m. 3.2 (610-50) Mayor Lockhart read a proclamation declaring the month of October 2005 as "Crime Prevention Month," and urged all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together to make the City of Dublin a safer, stronger, more carins community. Commander Gary Thuman received the proclamation and encouraged the public to continue working with Police Services to make Dublin an even safer community. · DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 356 www.ci.dlIblin.(~a.lIs PROCLAMATION DECLARING OCTOBER 9-15, 2005 AS "nRE PREVENTION WEEK" 7:15 p.m. 3.3 (G10~50) Mayor Lockhart read a proclamation declaring the week of October 9-15, 2005, as "Fire Prevention Week," and advised that the City of Dublin supported the public safety efforts of fire departments, schools and other safety advocates, in conjunction with the National Fire Protection Association. Deputy Fire Chief Sheldon Gilbert received the proclamation and stated that Dublin was viewed as a role model in fire safe communities. . PRESENTATION BY ALAMEDA COUNTY TRANSPORTATION AUTHORITY (ACTA) AND APPROVAL OF PROPOSED AMENDMENT NO.1 TO THE 1986 MEASURE B EXPENDITURE PLAN 7:17 p.m. 3.4 (10GO-90) Public Works Director Melissa Morton advised that a representative from Alameda County Transportation Authority would make a presentation to the City Council on the proposed Amendment No. 1 to the 1986 Measure B Expenditure Plan. The statues governing the Measure B Program require an amendment to the Expenditure Plan whenever a project is added, deleted or revised. The Amendment must receive the approval of the majority of City Councils in Alameda County. Christine Monsen, Executive Director of the Alameda County Transportation Authority/Alameda County Transportation Improvement Authority, outlined the expenditure plan process and advised that the proposed expenditure plan amendment includes the removal of the Route 238 Bypass Project; and adds the proposed Route 238/Mission - Foothill - Jackson Corridor Improvement Project in Hayward; I~580/Redwood Road Interchange Project in Castro Valley; Central Alameda County Freeway System Operational Analysis; Castro Valley Local Area Traffic Circulation Improvement Project; and Implementation Guidelines for the above projects. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 357 www.ci.dublin.ca.us On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by majority vote (Vm. Zika absent), the Council adopted RESOLUTION NO. 190 - 05 AUTHORIZING THE APPROVAL OF AMENDMENT NO.1 TO THE ALAMEDA COUNTY TRANSPORTATION EXPENDITURE PLAN DATED AUGUST 1986 . PUBLIC COMMENTS 7:23 p.m. 3.5 Karen Seals, Dublin resident, expressed concern about the health hazards regarding smoking and second-hand smoke and a proposed hookah bar coming into Dublin. She asked the Council to adopt an emergency moratorium on all new business licenses for tobacco retailers in the City of Dublin until City Staff, health advocates and community members have had the opportunity to address some of these community concerns. She reviewed the hookah bar trend, as well as known health concerns related to smoking. .. MOTION TO ADD ITEM TO AGENDA 7:29 p.m. Mayor Lockhart, in light of recent information, made the following statement: Following the posting of the agenda for tonight's meeting, i learned that one or more persons were investigating the possibility of opening retail or wholesale businesses where tobacco would be used on the premises and that it is possible that such businesses could begin operations immediately. I believe it is imperative that the Council consider the appropriate location and zoning approvals for such types of businesses and whether such businesses should be allowed in the City and that the Council cannot wait until its next meeting to begin such consideration, given the information that is known about the dangers of smoking and secondhand smoke. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 358 www.ci.dublill.ca.us I THHRE'FORE MOVE pursuant to Government Code section 54956.9, subdivision (b)(I), that the council find (l) there is a need to discuss an agenda item tonight to consider adopting a moratorium on retail and wholesale tobacco shops, private smokers' lounges and similar businesses where smoking is allowed on the premises and/or to adopt an urgency ordinance and introducing an ordinance amending the Dublin Municipal Code to prohibit such businesses in Dublin; (2) that the need to take such action came to the attention of the City Council qfter tonight's agenda was posted; (3) that it is necessary to consider this item in order to determine the appropriate locations and appropriate zoning regulations for such businesses or whether such businesses should be banned before such businesses locate in the City because of the well-known dangers of smoking tobacco, including the effects o.lsecondhand smoke; and (4) that Item 6.2a be added to the agenda pursuant to Government Code section 54954.2 to read as follows: "Consideration of (i) adoption of interim zoning ordinance imposing a 45-day moratorium on retail and wholesale tobacco shops, private smokers' lounges and similar businesses where smoking is allowed on the premises or in areas adjacent to the premises and (2) adoption of an urgency ordinance and introducing an ordinance amending Dublin Municipal Code Chapter 5.56, the City's Smoking Pollution Control ordinance, to prohibit smoking in retail and wholesale tobacco shops, private smokers' lounges and similar businesses where smoking is currently allowed on the premises. " On motion o.lMayor Lockhart and seconded by Cm_ McCormick, and by 4/5 mqjority vote (Vm. Zika absent), the Council placed this urgency item on the agenda as Item 6.2A. . CONSENT CALENDAR 7:33 p.m. Items 4.1 through 4.4 Cm. McCormick pulled Item 4.2 for discussion. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 20, 2005; I>UBLIN CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 359 www.l.i.dubliu.ca.us Approved (4.3 GOO~30) Change Order #1 to Emerald Glen Park Phase III Construction Management Services Agreement with Don Todd and Associates in the amount of $31,800; Approved (4.4 300-40) the Warrant Register in the amount of $90G,G9G.54. Cm. McCormick advised that she pulled Item 4.2 (GOO-GO), Annual Review of Development Agreements, to clarify that the purpose of the review was to make certain that the agreements were lived up to by the City and the Developer. Community Development Director Jeri Ram concurred. Cm. McCormick clarified that this was not an opportunity to open up the Development Agreement to other changes. Community Development Director Ram advised no. Cm. McCormick asked if there was ever an opportunity to do that. City Attorney Elizabeth Silver advised yes, if the Council were to find that a party to the agreement was not in compliance. If the Council found that the Developer was not in compliance with one of the terms of the agreement, the Council could actually terminate the agreement. That would be the only time that the Council could unilaterally take action. The Council could always mutually agree to amend an agreement, if the Developer was agreeable. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 360 www.ci.dublin.ca.us On motion of Cm. McCormick, seconded by Cm. Oravetz and by majority vote (Vm. Zika absent), the Council adopted RESOLUTION NO. 191 - 05 ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS (OPUS [CREEKSIDE BUSINESS PARK); DUBLIN RANCH AREA A~H; DUBLIN RANCH PHASE I; GREENBRIAR HOMES COMMUNITIES PHASE I; DUBLIN RANCH- SUPPLEMENTAL DA AREAS F, G, AND H; SCHAEFER HEIGHTS; EMERALD GLEN VILLAGE CENTER [WATERFORD); GREENBRIAR HOMES COMMUNITIES PHASE II; TOLL, DUBLIN RANCH, AREA A, NEIGHBORHOODS A~G & A-7; TOLL, DUBLIN RANCH, AREA A, NEIGHBORHOOD A-I; TOLL, DUBLIN RANCH, AREA G, NEIGHBORHOOD H~ 1; TOLL, DUBLIN RANCH, AREA G, NEIGHBORHOOD H~2; TOLL, DUBLIN RANCH, AREA G, NEIGHBORHOOD MH~ 1; TOLL, DUBLIN RANCH, AREA G, NEIGHBORHOOD MH~2; TOLL, DUBLIN RANCH AREA A, NEIGHBORHOOD A~4; TOLL, DUBLIN RANCH AREA A, NEIGHBORHOOD A-5; TRANSIT CENTER- MASTER DA; FAIRWAY RANCH MASTER; FAIRWAY RANCH, SENIOR HOUSING COMPONENT; FAIRWAY RANCH, MULTIFAMILY; FAIRWAY RANCH, CONDOMINIUM; TOLL, DUBLIN RANCH AREA A, NEIGHBORHOOD A~2; TOLL, DUBLIN RANCH AREA A, NEIGHBORHOOD A~3; AMB PROPERTY CORPORATION, WEST DUBLIN TRANSIT VILLAGE; GREENBRIAR HOMES COMMUNITIES PHASE III; AND IKEA) . PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY AT 6450 DUBLIN BOULEVARD (ESPERANCA) FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 7:35 p.m. G.l (G70~20) Mayor Lockhart opened the public hearing. Associate Civil Engineer Steven Yee presented the Staff Report and advised that the City seeks to widen and improve Dublin Boulevard and Dougherty Road at the intersection of these two major arterial streets as part of CJP Project No. 96852, Dougherty Road Improvements - Houston Place to 1-580. In order to accomplish this goal, it was necessary for the City to acquire a portion of a parcel, commonly known as G450 Dublin DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 361 www.d.dubHu.ca.us Boulevard (APN 941 ~0205~037), owned by J & E Esperanca Investments, LLC. The property owner, and the property owner alone, has the right to address the Council on all of the proposed findings required to adopt the Resolution of Necessity. Others, such as tenants, may wish to address the Council regarding the acquisition and issues related to it, but their comments should not be considered by the Council when making the findings that must be made to adopt the resolution. The adoption of the resolution required a 4/5 affirmative vote. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by 4/5 majority vote (Vm. Zika absent) the Council adopted RESOLUTION NO. 192 - 05 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO I~580, WITH SCARLETI COURT ACCESS TO DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONL Y AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETI COURT ELIMINATED - J & E ESPERANCA, PROPERTY OWNER ASSESSOR'S PARCEL NO. 941- 0205-037 . PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN REAL PROPERTY AT 6500 SCARLETI COURT (WOHLROSS) FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852. DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 7:41 p.m. G.2 (G70~20) Mayor Lockhart opened the public hearing. Associate Civil Engineer Steven Yee presented the Staff Report and advised that the City seeks to widen and improve Dublin Boulevard and Dougherty Road at the intersection of DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 362 www.ci.dublill.ca.us these two major arterial streets as part of CIP Project No. 9G852, Dougherty Road Improvements - Houston Place to 1-580. In order to accomplish this goal, it was necessary for the City to acquire a portion of a parcel, commonly known as 6500 Scarlett Court (APN 941-0550~010~22), owned by Wohlross Associates. The property owner, and the property owner alone, has the right to address the Council on all of the proposed findings required to adopt the Resolution of Necessity. Others, such as tenants, may wish to address the Council regarding the acquisition and issues related to it, but their comments should not be considered by the Council when making the findings that must be made to adopt the resolution. The adoption of the resolution required a 4/5 affirmative vote. A letter dated September 27, 2005, from Jeff Jacobson, Miracle Auto Painting, requesting the opportunity to address the Council regarding this matter had been received by Staff. Wayne Abbott, on behalf of Jeff Jacobson, Miracle Auto Painting, stated that Miracle Auto Painting was requesting that the Council not adopt the Resolution of Necessity as it would put the company out of business. Although Staff had been diligently working to help the business relocate, tent in Dublin was very high. Mr. Jacobson wanted to thank Staff, especially Lee Thompson and Steven Yee, for their forthrightness during this process, as well as thank the community for allowing Miracle Auto to serve them. Miracle Auto was respectfully requesting that the Council vote no on the Resolution of Necessity. Mayor Lockhart closed the public hearing. Mayor Lockhart made a motion to adopt the Resolution of Necessity, stating that it was a difficult decision; however, this would benefit the greater community in the long run. Cm. Hildenbrand concurred and seconded the motion. Cm. McCormick commented that Miracle Auto had been in Dublin for a very long time and met a community need. This was a difficult vote for her; however, she understood her responsibilities as a Councilmember. Cm. Oravetz concurred. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETINGOOctober 4, 2005 PAGE 363 www.d.duhlin.ca.us On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by 4/5 majority vote (Vm. Zika absent) the Council adopted RESOLUTION NO. 193 - 05 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1~580, WITH SCARLETT COURT ACCESS TO DUBLIN BOULEVARD LiMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLiN BOULEVARD TO SCARLETT COURT ELIMINATED - WOHLROSS ASSOCIATES, PROPERTY OWNER ASSESSOR'S PARCEL NO. 941- 0550-01 O~22 .. PUBLIC HEARING AMENDING THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES 7:50 p.m. G.2A (5GO-90) Mayor Lockhart deferred to City Attorney Elizabeth Silver to outline and explain the Council's options regarding this item, which had been placed on the agenda, due to its urgency, with a 4/5 affirmative vote. City Attorney Elizabeth Silver distributed three draft ordinances for the Council's consideration, numbered, for reference purposes, #1, #lA, and #2. The Council would consider three actions related to this item: 1) adopt an interim Zoning Ordinance to impose a moratorium on retail and wholesale tobacco shops, private smokers' lounges and similar businesses where smoking is allowed on the premises; 2) adopt an Urgency Ordinance amending the Dublin Municipal Code, which currently prohibits smoking in most public places, but allowed smoking in retail and wholesale tobacco shops and smokers' lounges; and/or 3) introduce an Ordinance that was the same as the Urgency Ordinance, to be used as a back up to the regular Ordinance in case of a challenge. City Attorney Silver referred to Chapter 5.5G of the Dublin Municipal Code, in which the Council had prohibited smoking in places of employment and public places, except in certain places that were defined in the Labor Code. places listed in Labor Code section 6404.5 where smoking was permitted included retail and wholesale tobacco shops and DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 364 www.ci.dublin.ca.us private smokers' lounges. Currently, Dublin permitted stores that sell tobacco, cigarettes or tobacco products to allow people to smoke the tobacco or the cigarettes on the premises. State law allows the City to ban smoking of cigarettes or tobacco products in such businesses. Draft Ordinance #1, if chosen by the Council, was an Urgency Ordinance which stated the intent of the City Council to prohibit smoking in retail or wholesale tobacco shops and private smokers' lounges, as authorized by Labor Codes Sections 6404.5(i) and Health and Safety Code section 118910 and 118940. The State has made it very clear that a City could prohibit smoking in these types of establishments. There was a case involving an Ordinance that the City of San Jose adopted in which the Court upheld the City's right to ban smoking in these types of establishments. Draft Ordinance #1 would add a subsection to the Dublin Municipal Code that would state that smoking was prohibited in these types of establishments. The amendment would be City~wide and would apply to existing businesses that may currently be operating in the City where they sell tobacco or tobacco products and they allow smoking; although, Staff was not aware of any such businesses currently existing. The amendment would apply prospectively so that no such business could open. Draft Ordinance #1 includes findings to make it effective immediately. The facts constituting its urgency were as follows: Cancer causally related to smoking tobacco was the second~leading cause of death in the United States. Secondhand smoke increased the risk for lung cancer and coronary heart disease in non~smokers. The City of Dublin had received inquiries regarding the permitting and establishment of retail and wholesale tobacco shops and private smokers' lounges and other businesses permitting smoking on the premises within the City. The City of Dublin did not regulate the location and land use impacts of retail and wholesale tobacco shops and private smokers' lounges and other businesses permitting smoking on the premises within the City. Absent the adoption of this Urgency Ordinance, the establishment and operation of retail and wholesale tobacco shops and private smokers' lounges and other businesses permitting smoking on the premises within the City would result in the harmful effects identified above. As a result of the harmful primary and secondary effects associated with tobacco use and the current and immediate threat such effects pose to the public health, safety, and welfare, it was necessary to adopt this ordinance to make it effective immediately. Ms. Silver advised that, if the Council considered this ordinance, there she would recommend a slight modification be made to the draft. The Draft Ordinance labeled #lA would make the exact same change to the Dublin Municipal Code as #1, but was set up, not as an Urgency Ordinance, but as a regular nUHLlN CITY COUNCIL MINUTES VOLUME 24 REGlJLAR MEETING October 4, 2005 PAGE 365 www.ci.dublin.ca.lIs Ordinance, where it, if the Council wanted to consider it, would waive the reading and introduce this Ordinance. At its next meeting, the Council could consider adopting the Ordinance. If the Council was interested in amending the Municipal Code to ban smoking in these types of establishments, it was good practice to back up an Urgency Ordinance with a regular Ordinance in case there were a challenge to the grounds constituting the emergency. If the Council were interested in draft Ordinance #1, she suggested introducing # 1A also. Both Ordinances would do the same thing, but it was a "belt and suspenders" approach. Cm. McCormick asked if Ordinance #lA would require a 4/5 vote, as well. City Attorney Silver advised that Ordinance #lA would require a majority vote of 3/5. The Urgency Ordinance would require all Council members present to vote affirmatively since one Councilmember was absent. The draft Ordinance labeled #2 approached these types of establishments from the Zoning standpoint. If the Council was going to allow retail and wholesale tobacco shops and private smokers' lounges where smoking was allowed on the premises, which was currently allowed, this Draft Ordinance indicated the Council's intent to study the appropriate location of such businesses, answering questions including what zoning districts should such businesses be allowed in, should a conditional use permit be required, should the Council place a limit on the number of such businesses in the City, should the Council restrict the proximity of one business to another, or possibly such businesses to schools and other places where children congregate. This would be a moratorium adopted to allow the Council to study those kinds of changes to its Zoning Code. In the meantime, this Ordinance would place a moratorium on the issuance of any permits, including a business license permit. The moratorium would be effective for 45 days, during which time Staff would return with a report, and possibly another Ordinance for the Council to consider extending it another 10 months and 15 days, which could then it could be extended again for 12 months. The extension time would be used to allow Staff to study this use. This Ordinance would also require a 4/5 vote, which at tonight's meeting, meant that all four Council members present would have to vote affirmatively. This Ordinance would become effective immediately, and included findings necessary to adopt the Ordinance. Cm. McCormick asked for a definition of "Private Smokers' Lounge." DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 366 www.ci.dublin.ca.us City Attorney Silver stated that the State Labor Codes definition read, "Any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products including, but not limited to, cigars and pipes." Cm. McCormick clarified that a private smokers' lounge was part of the tobacco retail establishment. City Attorney Silver agreed and advised that a retail or wholesale tobacco shop was defined as, "Any business establishment the main purpose of which is the sale of tobacco products including, but not limited to, cigars, pipe tobacco and smoking accessories." Meaning, if there was a store that sold cigarettes or a store that sold pipe tobacco, that store could allow people to smoke there, or that store could have an area attached to it for people who wanted to smoke. None of these Ordinances would affect the right of someone to have a business that sold tobacco or cigarettes. Cm. Oravetz clarified that none of these Ordinances would affect a business person trying to establish a 7 ~ 11, for example, because they would not be smoking the product in the store. To his knowledge, no establishments currently operating in Dublin allowed smoking on the premises. The Council agreed that they knew of no businesses in Dublin currently allowing smoking on the premises. Cm. Oravetz asked how this would affect medical marijuana establishments, if they were allowed in Dublin. City Attorney Silver advised that marijuana was defined as a controlled substance and was not considered to be tobacco, as they came from different plants. Mayor Lockhart stated that this issue was important to discuss because, if someone was considering opening such a business in Dublin and, if this was not something that the Council felt was beneficial or helpful to the community and it did not wish to condone or encourage it, then it would only be fair to tell the business person up front. The issue was urgent in that, as representatives of the community, if the Council felt that this was harmful to our community and it did not wish to condone it or encourage it, then the Council needed to step up and say it. Mayor Lockhart made a motion to adopt Ordinance #1 and #lA, with whatever modifications were recommended by the City Attorney, and start the process in motion to DlJBLlN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 367 www.ci.dublin.ca.us end the discussion. The issue could be dragged out through the moratorium process, but it did not resolve the issue and it did not help someone know exactly where they stood in the City of Dublin. Cm. Oravetz seconded the motion. City Attorney Silver advised that the proper motion would be to "waive the reading and adopt the Urgency Ordinance of the City Council of the City of Dublin Amending Section 5.5G.050 of the Dublin Municipal Code Relating to Smoking in Public Places, currently referred to as Ordinance #1, with a change to Section 3, so the last sentence would read, "As a result of the harmful primary and secondary effects associated with tobacco use and the current and immediate threat such effects pose to the public health, safety and welfare, it is necessary to prohibit smoking in retail and wholesale tobacco shops and private smokers' lounges and other businesses." The second part of the motion would be to "waive the reading and introduce the Ordinance entitled, "An Ordinance of the City Council of the City of Dublin Amending Section 5.5G.050 of the Dublin Municipal Code, Relating to Smoking in Public Places," which was currently labeled as Ordinance #lA. The Council discussed the motion and agreed that this would be the best decision for the City of Dublin, as this was not the type of use that should be encouraged. On motion of Mayor Lockhart, seconded by Cm. Oravetz and by 4/5 majority vote (Vm. Zika absent), the Council adopted ORDINANCE NO. 23 ····05 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING SECTION 5.5G.050 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES as modified, and waived the reading and introduced the Ordinance entitled, "An Ordinance of the City Council of the City of Dublin Amending Section 5.56.050 of the Dublin Municipal Code, Relating to Smoking in Public Places," currently labeled #1 A. . Dl1BLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 368 www.ci.dublin.ca.us PUBLIC HEARING SORRENTO AT DUBLIN RANCH AREA F STAGE I PLANNED DEVELOPMENT ZONING AND APPROVING STAGE Z PLANNED DEVELOPMENT ZONING, PA 04 8:08 p.m. G.3 (450-30) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this was the second reading of an Ordinance that would authorize an amendment to PA 01-037 Sorrento at Dublin Ranch Area F Stage 1 Planned Development Zoning and approving Stage 2 Planned Development Zoning. The Applicant, Toll Brothers, Inc., is proposing 1, III units of medium density residential on 105 acres, 10 individual residential neighborhoods, a 2~acre site for a neighborhood square, a 5-acre site for a neighborhood park, a 10-acre site for an elementary school, and 2 private recreation centers. A Stage 1 Planned Development and Stage 2 planned Development are being proposed to establish development standards. Area F is located within the Eastern Dublin Specific Plan Area and is generally bounded by the proposed extension of Gleason Drive on the north, Central Parkway on the south, the proposed extension of Brannigan Street on the west and the proposed extension of Lockhart Street on the east. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. McCormick and by majority vote (Vm. Zika absent), the Council waived the second reading and ORDINANCE NO. 24 - 05 AMENDING STAGE 1 PLANNED DEVELOPMENT ZONING FOR PA 01 ~037 TO REVISE THE MAXIMUM NUMBER OF UNITS IN DUBLIN RANCH AREA F TO 1,351 UNITS AND APPROVING A STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS SORRENTO AT DUBLIN RANCH AREA F SOUTH OF GLEASON DRIVE (TOLL BROTHERS, INC.) PA 04-042 . PUBLIC HEARING DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 369 www.ci.dlJhlin.ca.us DUBUN TRANSIT CENTER AMENDMENT TO MASTER DEVELOPMENT AGREEMENT, PA 00-013 8:10 p.m. 6.4 (GOO~GO) Mayor Lockhart opened the public hearing. Community Development Director Jeri Ram presented the Staff Report and advised that this was the second reading of an Ordinance that would amend the Master Development Agreement for the Transit Center between the City of Dublin and Alameda County Surplus Property Authority. The proposed amendment to the Development Agreement would set forth the affordable housing obligations of the project in the event that 300 additional residential units are constructed within the Transit Center. The Dublin Transit Center project area is located generally within the area of the Iron Horse Trail to the west, Dublin Boulevard to the north, Arnold Road to the east, and I~580 to the south. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika absent), the Council waived the second reading and adopted ORDINANCE NO. 25 - 05 APPROVING THE AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT FOR PA 00~013 SURPLUS PROPERTY AUTHORITY or ALAMEDA COUNTY FOR THE DUBLIN TRANSIT CENTER .. PUBLIC HEARING DUBLIN RANCH AREA H STAGE 2 PLANNED DEVELOPMENT ZONING, PA 05-005 8:12p.m. 6.5 (410-30) Mayor Lockhart opened the pu blic hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this was the second reading of an Ordinance that would approve the Stage 2 planned Development DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 370 www.d.dublin.ca.us Zoning of a proposed development, as submitted by James Tong on behalf of Chang Su~O Lin, et aI, of an 11.13 acre area with a Water Quality Pond, open space and landscaping to comply with the requirements of the Regional Water Quality Control Board for storm water treatment for Dublin Ranch. Area H is located generally south of the proposed extension of Dublin Boulevard and north of 1-580, generally between the proposed extensions of Brannigan and Keegan Streets, two north~south collector streets. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by majority vote (Vm. Zika absent), the Council waived the second reading and adopted ORDINANCE NO. 2G - 05 APPROVING A STAGE 2 DEVELOPMENT PLAN fOR THE 11.196-ACRE PROJECT KNOWN AS THE STORM WATER QUALITY CONTROL BASIN WITHIN AREA H OF DUBLIN RANCH (JAMES TONG ON BEHALF OF CHANG SU~O UN, HONG YAO UN AND HONG LIEN UN), PA 05~005 . PUBLIC HEARING CITY OF DUBLIN ZONING MAP AMENDMENT. PA 02-069 8:13 p.m. 6.G (450-20) Mayor Lockhart opened the public hearing. Community Development Director Jeri Ram presented the Staff Report and advised that this was the second reading of an amendment to the Zoning Ordinance that would update the Zoning Map. There are four categories of Map modifications being proposed with the aim to: 1) Provide consistency with General Plan Land Use Map; 2) Correct mapping errors; 3) Provide consistency with the 1997 Zoning Ordinance Amendments; and 4) Properly reflect recent1y~approved rezonings. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 371 www.ci.dublin.ca.lIs On motion of Cm. Oravetz, seconded by Cm. McCormick and by majority vote (Vm. Zika absent), the Council waived the second reading and adopted ORDINANCE NO. 27 -- 05 AMENDING THE ZONING MAP TO REFLECT ZONING ORDINANCE UPOA TES AND MINOR MAP MODIFICATIONS, PA 02-069 .. PUBLIC HEARING ADOPTION OF RESOLUTION APPROVING 4-WAY STOP SIGN INSTALLATION AT GRAFTON STREET/ SADDLEBROOK PLACE/CASTLETON LANE, AND TWO CROSSING GUARDS AND "NO PARKING" ZONES ON ANTONE WAY AND SOUTH DUBLIN RANCH DRIVE FOR PEDESTRIAN ACCESS SAFETY TO/FROM ELEANOR MURRAY FALLON SCHOOL 8:15 p.m. G.7 (File #590~40/570~20/GOO-30) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that Staff was seeking City Council approval to implement pedestrian safety measures along the primary walking routes to/from the newly opened Eleanor Murray Fallon School to ensure the safety of school children as they walk or bike to/from school. If implemented, these pedestrian safety measures will include establishing crossing guard supervision at two uncontrolled crossing locations on South Dublin Ranch Drive and Antone Way, and 4-way stop sign control at the intersection of Grafton Street/Saddlebrook Place/Castleton Lane. Cm. Hildenbrand had heard from many residents regarding this issue and commended the Safety Committee for its recommendation. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 372 www.ci.dllbIiIl.ca.us On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika absent), the Council adopted RESOLUTION NO. 194 - 05 APPROVING IMPLEMENTATION OF PEDESTRIAN ACCESS SAFETY MEASURES FOR ELEANOR MlJRRAY FALLON SCHOOL and authorized the City Manager to execute an amendment to the Agreement with All City Management Services, Inc., for the provision of additional crossing guard services for Fiscal Year 2005-Z00G; and approved Budget Change in the amount of $9,857 to the Crossing Guards Operating Budget for Fiscal Year 2005~200G. . APPROVAL OF COOPERATIVE AGREEMENT WITH THE EAST BAY REGIONAL PARK DISTRICT AND THE CITY OF PLEASANTON REGARDING FUNDING FOR THE FEASIBILITY STUDY OF THE ALAMO CANAL TRAIL UNDERCROSSING AT 1-580 8:33 p.m. 7.1 (600-40) Public Works Director Melissa Morton presented the Staff Report and advised that the East Bay Regional Park District, in collaboration with the Cities of Dublin and Pleasanton, was preparing an engineering study to determine the feasibility of constructing a segment of a trail underneath the 1-580 freeway that will connect the Alamo Canal Trail in Dublin with the Pleasanton trail south of the freeway. The Cooperative Agreement would formalize the reimbursement of funds between the three agencies. Cm. McCormick asked when the Council would see a report of the study. Public Works Director Morton advised that Staff would have a better idea when the Request for Proposals process was complete. The schedule would be updated after the Consultant was hired, but Staff was estimating one year. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by majority vote (Vm. Zika absent), the Council adopted RESOLUTION NO. 195 - 05 DUBUN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 373 www.ci.dublin.ca.us APPROVING COOPERATIVE AGREEMENT BETWEEN EAST BAY REGIONAL PARK DISTRICT, CITY OF DUBLIN AND CITY OF PLEASANTON REGARDING l'UNDING FOR THE FEASIBILITY STUDY OF ALAMO CANAL TRAIL UNDERCROSSING AT INTERSTATE HIGHWAY 580 and authorized the City Manager to execute the Agreement. . RESIDENTIAL GREEN BUILDING GUIDELINES 8;37 p.m. 8.1 (530-10) Assistant City Manager Joni Pattillo presented the Staff Report and advised that, in order to encourage green building practices in private, residential developments, the Alameda County Waste Management Authority (ACWMA) developed three sets of green building guidelines, targeting new home construction, remodeling and multi-family development (Alameda County Residential Green Building Guidelines). The Council would consider adopting these Guidelines as an official City reference document. The City currently used the information sources in discussion with Developers, but this action would solidify those conversations. The Council and Staff engaged in a question and answer session regarding the use of these documents as a reference, and Council agreed that it was a great first step and eventually it would be easier for Developers to deal with as they come to understand its value. Mayor Lockhart commended Staff for being proactive on this issue, even prior to when the issue was popular. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika absent), the Council adopted RESOLUTION NO. 196- 05 ADOPTING THE ALAMEDA COUNTY RESIDENTIAL GREEN BUILDING GUIDELINES (FOR NEW HOME CONSTRUCTION, HOME REMODELING AND MULTIFAMILY) AS A CITY REFERENCE DOCUMENT . DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 374 www.ci.dublin.ca.us OTHER BUSINESS 8:47p.m. City Manager Ambrose advised that the Leadership Academy Tour would occur on Saturday, October 8u" commencing at 9:00 a.m., and the Council was invited to attend. The first formal Leadership Academy Class, would be held Thursday, October 13th. A City of Dublin/City of San Ramon Liaison Committee meeting was scheduled for October 14th at 10:00 a.m. The Wicklow Square Senior Housing Grand Opening would be held October 18th at noon. Cm. Oravetz advised that he had just learned that that the Public Utilities Commission was having a hearing about the possible closing of PG&E payment centers in the area, and expressed concern about the Livermore location closure. Cm. Hildenbrand advised that this was National Walk to School Week and encouraged everyone to walk to school. It was healthy and a good way to spare the air. Cm. McCormick advised that the Council had attended a Tri-Valley Council meeting last week, which was very interesting. She and the Mayor would be attending the League of California Cities Annual Conference in San Francisco this week. Mayor Lockhart advised that she and Public Works Director Melissa Morton went to Murray Elementary School to attend a safety week assembly and answer questions. She thanked Public Works Director Melissa Morton and Dublin Officer Chris Roemer for their participation. . ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:54 p.m. Mayor ATTEST: City Clerk l~ DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 4, 2005 PAGE 375 www.ci.dublin.ca.lIs