Loading...
HomeMy WebLinkAboutItem 4.01 Draft CC Minu 8-6-02CLOSED SESSION A closed session was held at 4:30 p.m., regarding: 1. Put)lie Employee Performance Evaluation pursuant to Government Code Section 54957 - Title: City Manager 6:55 p.m. Mayor Lockhart announced that there was no reportable action taken on closed session item # 1. A closed session was held at 6:58 p.m., regarding: Conference with Legal Counsel: 2. Existing Litigation - Government Code Section 54956.9, subdivision(a) - Name of Case: City of Dublin v. Dublin Land Co., Alameda Superior Court No. V-018100-2 3. Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision (b) - ONE potential case - Facts and Circumstances: Government Code Section 54956.9(b)(3)(B): Emergency response costs and booking fees 4. Anticipated Litigation - Initiation of litigation pursuant to Government Code Section 54956.9: ONE potential case 5. Existing Litigation - Government Code Section 54956.9(a) Name of Case: Livermore Area Recreation & Park District v. Local Agency Formation Commission of Alameda County, Alameda County Superior A regular meeting of the Dublin City Council was held on Tuesday, August 6, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:10 p.m, by Mayor Lockhart. ROLL CALL PRESENT: Councilmcmbers McCormick, Oravetz, Sbranfi, Zika and Mayor Lockhart. ABSENT: None. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING 4~ ~ August 6, 2002 PAGE 355 PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action on Closed Session Item #2. The balance of the Closed Session items will be moved to the end of the meeting. Mayor Lockhart stated City Manager Ambrose had an announcement to make. City Manager Rich Ambrose recognized a key member of City Staff, Kay Keck, who is celebrating her 20th anniversary with the City of Dublin. Kay began her employment with the City on August 2, 1982, and over the years has played a key role and made significant contributions in her role as Municipal Clerk. He congratulated her on this milestone. A huge bouquet of flowers was presented to Ms. Keck. ACCEPTANCE OF GIFF TO THE CITY 7:12 p.m. $. 1 (150~ 70) Parks & Community Services Manager Paul McCreary advised that the City has received a donation of $500 for the Dublin Senior Center from Ms. Elsie Tu. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council accepted the gift and directed Staff to prepare a formal acknowledgement to the donor. YOUTH ADVISORY COMMI2TEE (YAC) APPOINTMENTS AND PRESENTATION FROM OUTGOING YOUTH ADVISORY COMMITFEE 7:19 p.m. 3.2 (110~30) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the terms of office for the YAC will expire in August 2002. Sixteen applications for the 2002~03 term were received for the youth member positions and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 3.56 one application for the adult at~large member. The Mayor recommends appointing 13 members to the YAC. Henry Sui presented the YAC who did a wonderful job this year. Louis Arcuri who is Chair made a short presentation. This is the fifth year of the YAC. Cm. Sbranti noted there were no middle school students. Ms. Lowart stated they will try to get help from the middle school on sub-committees. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council confirmed the Mayor's appointments: Caroline Arcuri, Malinda Barrett, Jeremy Brown, Curtis Champlin, Kimberly Chan, Jessica Chan, Serena Laird, Kristin O'Neal, Sarah Pan, Kim Sevilla, Erik Smith, Laurel Smith and Stephanie Williams. Alternates include Angelique Pilar and Yin~Chen Phang, and Rich Sevilla is to be the adult at~large community member. SPECIAL PRESENTATION BY PARKS RtTA LTC DAWNLEE DEYOUNG AND MAYOR LOCKHART 7:13 p.m. 3.3 (610~50) Mayor Lockhart advised that in our community we have many many special people. Occasionally we find that one of those special people needs recognition for not only what they've done for our community, but for our Country. Tom McCormick is one of those people. He was citizen of the year and is an elected official serving on the Dublin San Ramon Services District Board. He was out of town when a ceremony was held to present Korean War Veterans with a special medallion and recognition. LTC DawnLee DeYoung, Parks RFFA, stated this is one of the best things about her job, honoring those who have gone before her. She talked about the ceremony in July, done by the Korean government and advised that this was in the planning for over $ months. Tom McCormick was a Sergeant in the U. S. Marine Corp and was wounded in action in March of 1951. Also, Tom's brother was recognized; he was killed in action in July, 1953. A medallion recognizing his service was also presented to Tom. Tom stated he and Claudia went to Hawaii with their grandchildren in July and was unable to attend the event. He stated he was overwhelmed and it was very special receiving the medallions here. Mr. McCormick received a standing ovation. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 357 7:30 p.m. Jenny Linn Campbell, managing director of the new not~for~profit theater company, Valley Shakesphere Festival, introduced herself. They are about to open their first production at Concannon Vineyard. She invited the City Council to come out as their guests. They hope to become a live year~round production company. They are looking for space and would love to be here in Dublin. 7:32 p.m. Frank Ruskey stated he was mad because at the donut shop and barber shop they have nothing bad to say about the Council. He appreciates that the City Council has been doing a good job. With regard to the Tri~Valley Falcons Youth Football group, he advised that some of the kids couldn't afford uniforms, so they were blacklisted. He did not think the City of Dublin wants to treat the kids like that. They have a t'.O. Box in Dublin and they use our park to practice. He requested that the City Council look into this. Mayor Lockhart asked for clarification from Ms. Lowart. Ms. Lowart stated it is her understanding that the Tri-Valley Youth Football is an independent group and they put in permits to use the fields just like Dublin Little League. We have a contact person and she advised that City Staff can contact them and see what the situation is. Mayor Lockhart stated she thought they applied for a fireworks booths also. She requested that City Staff look into this to see if there is any assistance we can offer. 7:36 p.m. Vera Karlson stated she has lived here all her life. She is very proud to be a Dublin resident. Unfortunately, she has developed a disability and suffered financial setbacks. Adding to what her Dad said, they try to do fundraisers. This is more an individual discrimination thing than an organization. Unfortunately, the President went out of town and neglected to tell some of the kids that they couldn't get uniforms. Their names weren't in the book. Their mission statement should be changed to "it's for the kids (with parents who can pay)". It costs her $900 for 3 kids to participate. She just wanted to bring this to the attention of the City Council. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 358 Cm. Sbranti stated football and youth hockey are the most expensive. Ms. Karlson stated they applied for scholarships with DLL and they do this on a confidential basis and it was a good experience. Cm. Oravetz spoke about the DLL bylaws that says every kid can play. CONSENT CALENDAR 7:42 p.m. Items 4.1 through 4.19 Mayor Lockhart pulled Item 4.4. Cm. McCormick pulled Item 4.13. Cm. Oravetz pulled Item 4.15. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meetings of July 2 and July 16, 2002; Authorized (4.2 600~40) the Mayor to execute an Agreement for FY £002~05 Services with the Alameda County Library; Authorized (4.$ 600~35) Staff to advertise Contract 02-1 $, Dublin Swim Center Roof Replacement, for bids; Adopted (4.5 600~60) RESOLUTION NO. 132- 02 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR PARCEL MAP 7537 (ARCHSTONE COMMUNITIES TRUST) CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 359 Adopted (4.6 600-60) RESOLUTION NO. 133- 02 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 7181 (SCARLETT HOMES LLC) Received (4.7 320-$0) the City Treasurer's Investment Report for the 4th Quarter of FY 2001 ~02 indicating the City's investment portfolio totals $95,022,498 (market value) with funds during the 4th Quarter invested at an average yield of 3.749%; Accepted (4.8 600-35) improvements under Contract 02-01, Civic Center Electrical Upgrade, authorized payment to Morgan & Son Electric and Lighting, Inc., less 10% retention to be paid in 35 days if no subcontractor or supplier claims are received; Adopted (4.9 600-60) RESOLUTION NO. 134- 02 ACCEPTING IMPROVEMENTS, TRACT 6979 (TASSAJARA MEADOWS 1) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES. INSTALLED AS TRACT 6979 IMPROVEMENTS Authorized (4.10 540-70) Staff to solicit bids for construction of Fire Station # 17; Adopted (4.11 820-60) RESOLUTION NO. 135- 02 APPROVING SYBASE AS A PRIVATE STREET AND READDRESS 5000 AND 5020 HACIENDA DRIVE TO 3 AND 1 SYBASE DRIVE Adopted (4.12 600-30) RESOLUTION NO. 136- 02 APPROVING AMENDMENT TO AGREEMENT WITH THE ZAHN GROUP, INC. .... CITM COUNCIL MINUTES ' VOLUME 21 REGULAR MEETING hugusf 6, 2002 PAGE 360 Adopted (4.! 4 600-30) RESOLUTION NO. 137- 02 APPROVING THE IMPROVEMENT AGREEMENT FOR IMPROVEMENTS TO DUBLIN BOULEVARD AND FUTURE SCARLETT DRIVE (NESS FAMILY PARTNERS L.P.) Authorized (4.16 600-40) the Mayor to execute an Amendment to the Agreement for Lease of Fallon School Multipurpose Facility with the Dublin Unified School District; Adopted (4.17 $50~20) RESOLUTION NO. 138- 02 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO NEGOTIATE AND PURCHASE TWO UNMARKED POLICE VEHICLES Adopted (4.18 600~$0) RESOLUTION NO. 139- 02 APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH KLEINFELDER, INC. Approved (4.19 $00~40) the Warrant Register in the amount of $5,108,218.64. Mayor Zoclchaz~ pulled Item 4. 4 related to the CiO' funding of technical support for the Dublin School Distn'ct and corrected a statement she has heard regarding the amount of funaEng set aside at budget time. The correct amount for matching funds is $10,000, not $30~000. The CiO'is contribulin$ $12~000 toward operational support. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.4 600-40) RESOLUTION NO. 140- 02 AUTHORIZING FISCAL YEAR 2002-03 FUNDING FOR THE COMPUTERS FOR OUR SCHOOLS PROJECT MATCHING MONEY AGREEMENT CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 361 Cm. McCormick pulled Item 4.13 related to the Dublin Ranch Area G Neighborhood Park and asked if an art consultant will be included. Rosemary Alex stated back in l PP9 they showed a foo~rint. As we move fonvard with design~ we will develop concepts for public input and City Council approval. The Dublin Fine Atgs Foundation has been contacted and they have expressed interest. Mayor Lockhatg reminded that there has been quite a bit of conversation about a dog run in some future park and stated she hopes this will get some consideration. Ms. Alex stated we want to get the new neighbors involved as they move in. Cm. Oravetz cautioned Staff to watch out for the location of the backstop. Cm. SbranD' requested that we also keep in mind bocce bail. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council authorized (4.1 $ 600-30) Staff to issue RFP for a landscape architectural team to design the park and prepare construction documents for Dublin Ranch Area G Neighborhood Park. Cm. Oravetz pulled Item 4.15 regarcEng the traffic signal on Dougherty Road and Willow Creek Drive and asked when the lights will go on. Public Works Director Lee Thompson ad~sed that signals usually take 3 or 4 months to build so it should be late October to early December. They will do all the underSround work first. They should be opera~'onal by the end of 3003. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council adopted (4.15 600~ $ 5) RESOLUTION NO. 141 -02 AWARDING CONTRACT NO. 02-06 TRAFFIC SIGNAL AT DOUGHERTY ROAD AND WILLOW CREEK DRIVE (BROWN & FESLER, INC. $162,846) CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 362 REQUEST TO PLACE A PLAQUE AT TED FAIRFIELD PARK 7:48 p.m. 5,1 (920-20) Parks & Community Services Director Diane Ix)wart presented the Staff Report and advised that the City has received a request from Connie Fairfield Ganz to place a plaque in Ted Fairfield Park honoring her father, after whom the park was named. Ms. Lowart suggested that ff the Council approves this request, Staff would recommend adding a section of concrete adjacent to the sign and placing the plaque on the concrete. The specifics of the plaque and wording were discussed. Mayor Lockhart stated she felt it is a good idea to do something like this so residents will understand. She suggested it become more of a City project and City Staff work on the wording to do something simple and basic describing Ted's involvement in the community and all the work he has done and turn it more into a public rather than personal plaque. Cm. Sbranti stated he felt it is a good idea as general principle to do plaques and suggested we even do this with other parks. Ms. Lowart stated Staff will work with Mr. Fairfield's family in accordance with Council direction. ART IN THE PARKS - EMERALD GLEN PARK 7:52 p.m. 5.2 (900-50) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the Dublin Fine Arts Foundation (DFA) has commissioned artist Ned Kahn to create artwork for Emerald Glen Park. Ms. Ix>wart introduced Lynne Baer who explained the process used for artist selection. A selection committee comprised of members of the DFA Board and representatives from the Parks & Community Services Commission and Heritage & Cultural Arts Commission reviewed the materials submitted from approximately 130 artists and selected 8 artists to be interviewed. Mr. Kalm, a Sebastopol artist, has been creating public artworks that CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 363 encourage people to observe and interact with natural phenomena such as flowing water, wind, fog and light for the past 18 years. The proposed artwork will be installed in the fountain at the corner of Tassajara Road and Central Parkway that will be constructed as part of Emerald Glen Park Phase II. The artist proposes to install 60 9" wide polished stainless steel plates that sheets of water will emanate from. They will be angled slightly downward to reflect the wave patters from the water surface below. The array of reflective metal squares will create the impression of a digitized line of undulating light floating just above the water surface. As indicated in the Staff Report, the total cost of the arr-~work is $100,000 and will be paid for by the DFA. As with past Art in the Park projects, the City will contribute one~ quarter of the project cost, or $25,000. Sufficient funds are available in the FY 2002-03 Budget. Both the Parks & Community Services and Heritage & Cultural Arts Commissions unanimously recommend approval of the artwork. A model and video of pieces similar to what is being proposed was presented by Artist Ned Kahn, who explained his concept. Cm. Oravetz asked what happens if children go into the lake. Mr. Kahn explained that it has been designed to be pretty sturdy and will have smooth rounded edges on it. The pipes are about 18" and the whole thing will be about 2' tall. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the artwork. LETTER OF SUPPORT FOR PROPOSED CALIFORNIA AFFORDABLE QUANTFI'Y & QUALITY WATER ACT 8:10 p.m. 5.3 (660~40) Community Development Director Eddie Peabody presented the Staff Report and advised that Zone 7 has urged the City to support proposed legislation which would authorize funding to various water projects throughout California. One of the projects specifically named is the Alameda County Flood Control & Water Conservation District Livermore- Amador Valley Ground Water Basin Project. The main element of this project is a CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING August 6, 2002 PAGE 364 Wellhead Demineralization Project to treat groundwater from the basin. It would be planned, designed and implemented by Zone 7, and will contribute to improving groundwater water quality. DSRSD has indicated to Staff that the District is in support of this legislation. Cm. Sbranti asked if this bill was introduced in July. Mr. Peabody stated he felt it is about to be introduced momentarily. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council authorized the Mayor to sign a letter to Senator Boxer in support of this legislation. PUBLIC HEARING WEED AND COMBUSTIBLE REFUSE ASSESSMENT ORDER 8:12 p.m. 6.1 (540-50/$90~$0) Mayor Lockhart opened the public hearing. Fire Marshal Jim Ferdinand presented the Staff Report and advised that property owners were notified of a public nuisance created by weeds and combustible debris growing or accumulating upon the streets, sidewalks and property within the City of Dublin. A Notice of Abatement was marled to the property owner of property located adjacent to Alamo Creek. When no abatement was initiated, the City accepted abatement bids. The City contracted with A Green and Shrubbery Service to complete the abatement ($8,340) and the property owner was billed for the cost to have the weeds and refuse removed. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 142- 02 CONFIRMING THE REPORT AND ASSESSMENT LIST FOR WEED ABATEMENT ALAMO CREEK @ AMADOR VALLEY BOULEVARD APN # 941-2765-295-00 CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 365 and directed Staff to proceed with assessment of lien for abatement costs. Cm. Sbranti stated there are a lot of weeds growing high in eastern Dublin and some garbage mixed in. It is pretty unsightly. Some is on private property and some spills into the public portion. Mr. Ferdinand stated Staff is working actively in the east side right now. Mayor Lockhart stated they talked about some of the Cotmty property along Dublin Boulevard. Some can't be cut back as it has to do with environmental issues. PUBLIC HEARING 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT 8:15 p.m. 6.2 (580-40) Mayor Lockhart opened the public hearing. Administrative Analyst Amy Cunningham presented the Staff Report and advised that the United States Department of Justice, through the Bureau of Justice Assistance, administers the Local Law Enforcement Block Grant Program, which allocates funds to each local jurisdiction based upon the number of Part I crimes reported in that jurisdiction during the preceding three years. The program requires that a public hearing be held regarding recommendations for the expenditure of grant funds. Police Services Staff and the Block Grant Community Advisory Board have met and are recommending that the $19,652 in funding that the City will receive be used to partially offset the salary of a crime trends/bicycle officer. Cm. Sbranti asked about the rationale of why they opted to fund this 100%. Ms. Cunningham stated this grant has historically been used for this purpose. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 366 On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 143- 02 APPROVAL OF APPROPRIATION OF $19,652 FOR 2002 BLOCK GRANT FUNDS and approved the Budget Change. CONSIDERATION OF URGENCY ORDINANCE ESTABLISHING A MORATORIUM IN SCARLETr COURT AREA 8:17 p.m. 6.3 (410-20) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff Report and advised that in June of 2002, the City Council voted to initiate and define the Scarlett Court Area Specific Plan and directed Staff to provide notification to the tenants and property owners within the Scarlett Court Area that the Council is considering a moratorium for the area. Mr. Byde discussed: Moratorium; Concern of Businesses regarding the Moratorium; Moratorium Process; Environmental Review; and Redevelopment. Mr. Byde stated Staff recommended that following the public hearing, the Council determine if ministerial and discretionary actions could negatively impact the outcome of the desired Specific Plan (SD; and if the scope and exceptions proposed in the draft Ordinance are determined to be appropriate, waive the reading and adopt the Ordinance on an Urgency Basis which will impose a moratorium on any ministerial and discretionary actions; -OR- ff the scope and exceptions proposed by Staff are not appropriate then direct Staff to modify the Ordinance; -OR- if the City Council determines that no negative impact will result on the anticipated SP, then take no additional action; and finally, review the previous Redevelopment Study and provide appropriate direction to Staff. If approved tonight, the moratorium would go into effect for 45 days and then be brought back on September 17th. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 367 Cm. Sbranti questioned when Specific Plans were done for Village Parkway and BART, if the City adopted a moratorium during those processes? Mayor Lockhart advised that the City did not in those instances, but did one in the historic district. Cm. Zika asked if we made a commitment to E1 Monte RV that they could replace their building? City Attorney Elizabeth Silver stated the City had to acquire a building and the City paid for the building. There is no agreement or obligation on the part of the City to allow construction of a building on that parcel different than any other approval process to get a building. Cm. Sbranti asked if another alternative of not doing moratorium could be considered, but where the City Council could review specific proposals. Ms. Silver advised that this would require changes to a number of provisions to the Zoning Ordinance because of the number of possible applications. The Municipal Code would have to be changed with regard to building permits, etc. Cm. Oravetz indicated he would like to explore Cm. Sbranti's idea after the public hearing. Mayor Lockhart read into the record a statement submitted by Kevin Peters (General Manager) Dublin Auto Center, 6015 Scarlett Court. "The Sonic Automotive Group has invested heavily into the Scarle# Ct. area with the Dublin Auto Center. We have concern that the ~rroveqh morato~um could effect our investment. We are not clear on the proposal and would like to learn more before provich'n$ comment. ~ Don Price, E1 Monte RV, 6301 Scarlett Court, stated w/th regard to the obligation to replace their building, the City never told them they would get a replacement building, but it was always an understanding that the back building is a vital part of their operation. They submitted their architectural plans and they are currently in for review. He was not sure they met the time requirements. They are in for plan check now. Hopes they will be allowed to go forward with their building. Jeff Jacobson, 6500 Scarlett Court, stated he owns the Miracle Auto Painting business, which has been there for almost $0 years. His concern is are we trying to tie this to the whole development of Scarlett Court. How much time do they actually have there? He has a long term lease. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 368 Mayor Lockhart stated she felt the SP will help them deal with these issues. Ms. Silver stated there was a verbal inquiry and Staff sent a letter explaining that there are no particular plans at this particular time. Public Works Director Lee Thompson stated we have the widening of Dougherty Road as part of the 5 year CIP and part of the TIP program. We do anticipate widening there either next year or the following year. There are a number of road configurations that could occur and which we will look at in the study. Steve Miller, Attorney representing interests of Busick Properties, stated they own light industrial space which they lease to tenants and have for the last 30 years. They rely on having new tenants come in when old tenants leave. They are concerned that this moratorium would hamper this interest with the one year vacancy provision which would preclude new tenant from going in and new business licenses. They won't do this ff they can't get a business license. The implementation of this ordinance is a bit premature. It would make more sense to have ail the information to see ff redevelopment makes sense before you implement this moratorium. Holding off does not financially impact the City in any way. They urged an abundance of caution on the Council's part prior to making a drastic decision affecting the property owner's part regarding their land. Mayor Lockhart clarified that the moratorium is not tied to a redevelopment study. They just asked that this be brought back for review. Mr. Miller stated Cm. Sbranti made a suggestion that on a case~by~case basis, we evaluate changes in use. This makes more sense than an outright ban on uses. They would request that their interests are given the same dignity as auto dealerships. Peter McDonald stated he was here on behalf of Mike Fitzpatrick, related to the Dolan Lumber Site, 6.5 acres. They support the idea of doing a SP, but imposition of this moratorium ordinance is excessive and would be counterproductive. They suggest that any new uses be subject to a CUP and go through some kind of City review. If you have the power to prohibit something, you have the power to allow it with conditions. They would prefer some kind of a use permit basis to allow things to happen. The real threat is the thought that the City will not allow any new substantial buildings. Prohibition against use of existing building is most troubling. This comes right out of the planning books from Berkeley and Santa Monica. He stated he would be very disappointed to have Dublin get into that kind of a planning policy. This could become an opportunity to have public/private partnership. The Dolan property is a natural for redevelopment. Mr. Dolan is 82 years old and doesn't want to make any changes in the property right CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 369 now. They encouraged a cooperative process to look at best use. They are negotiating with a boat retailer, a substantial company. They don't need to do any major building expansiOns. A look at long term uses - the boat dealership fits what you would expect to come out of the SP for the area. They don't have strong feelings one way or the other regarding redevelopment. A moratorium would not play well with a jury. They would like to see a moratorium that allows properties to improve during the process. Michael Fitzpatrick, representing Dolan Lumber Company, stated they are currently negotiating with a boat company. This property was not in good housekeeping fashion in the past. He came in about a year ago and worked on cleaning up the entire property. They are not here to contradict the City's plans. They are here to work with property owners to get a fair shake. You should not bite off the hand that feeds you. This is a very large company, which will create a potentially large tax for Dublin. Robert Cope, Rocklin, representing Cope & McPheters Marine passed out brochures to the Council. (No copy was provided to the Ci& Clerk for the record) He stated they are in 10 locations in $ states. They represent some very high end products in their specific market and over the years have become very good partners in the communities where they have developed. Their goal is to apply for a special use permit and do their magic in the area. They have no plans to change the property other than cleanliness and painting and to fix what's broken. The revenue they will bring will add to the community. Michael Reiss, San Ramon, stated he is interested in the Dolan Lumber Company, but doesn't have 56 years of business behind him. He is an entrepaneaur. He provided one copy only of his business plan to the Mayor. He hopes to seek exception regarding auto franchises. He has been in the industry for 20 years, has the necessary capitalization and has been in contact with one manufacturer franchise. There are :3 viable franchises which could go into that property. His initial plan is to bring one with intention of putting second facility on the premises in the near future. With Chris Foss' help, he initially hoped to put a new facility on the property immediately. Alternative would be to improve existing property and install atrium style showroom. He hopes to tap into auto related synergy. They will create new jobs for the City and will create about $18 million annually in taxable revenue. He would hope to create a state of the art facility which would put a very nice face on the City of Dublin. Mr. McDonald clarified neither of these people have leases on the property. Glenn Kierstead, owner of Dublin Security Storage since 1980 stated they expanded their property in 1987 and have 90,000 square feet of storage and mini-storage. They would like to expand and build out the facility. They are totally landlocked and have no CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 370 frontage on Scarlett or Dublin Boulevard. The redevelopment report identified 15 blighted properties. He asked which properties these were. Mr. Byde stated this was from the redevelopment feasibility analysis. They evaluated in 1999 and 2000 what was a quick thumbnail analysis of whether redevelopment was feasible. This was a legal and financial exercise. The goal will be determined by the SP to be conducted. Mr. Kierstead stated many properties were affected by the September 11th disaster and they see some ripple effects. He asked that the City Council consider eliminating the lease provision and allow properties influx or process of development be considered on an individual basis for improvement to their property. Sid Corrie, 7950 Dublin Boulevard, stated they have a 3~acre site, one acre with a 20~ year lease. Quite some time ago they started a subdivision process. They watched this whole process evolve and they had an understanding they could continue with their lot split. In reading this, it says no subdivision allowed. He sees no reason why they would not be allowed to continue with the lot split. He's glad to see the Council working on the entire idea. A lot of places in the Bay Area could take lessons from Dublin's Staff. Are we really going to do some redevelopment? It appears that the private sector is competing for this property. It sounds like the auto uses are already allowed. They are happy for the whole process to evolve, but would like to continue with their lot split. Mayor Lockhart stated she regretted even mentioning the redevelopment study that was done a couple of years ago. Mayor Lockhart closed the public hearing. RECESS 9:06 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 9:18 p.m., with Cm. Zika absent. Mayor Lockhart advised that due to the fact that Cm. Zika was ill and left abruptly, she would suggest that this item be continued to the first September Council meeting. CITY COUNCIL MINU~S VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 371 Mayor Lockhart stated she would like City Council discussion related to the SI, and concept for the area. The City will drop the word "redevelopment'. She requested ideas on concepts of what the Council wants to see in the SI' study. What is the purpose and what kind of questions do we want answered in the study? Cm. Sbranti pointed out it is the gateway to the City and he felt all would like to see a more attractive gateway to the City. Look at access to the businesses and infrastructure and can we do better with that land. He sees this as a commercial center. It is right off the freeway and felt it is best for commercial uses. He likes the idea of auto row or boats. There is private redevelopment taking place and he would like to see this accelerate. He would like to see a vibrant commercial area. Cm. McCormick stated she has the same vision for the area and would like to see it linked with the transit corridor. Regarding the process, use a CUP rather than moratorium. Is this possible? Mr. Byde advised that currently M~ 1 zoning requires the majority of uses permitted by a CUP to be acted upon by the Planning Commission. Mayor Lockhart stated her question is, if CUPs are required in that area, could the City Council review these instead of the Planning Commission? Mr. Byde stated the City Council could elect to be the hearing body if this is their desire. Ms. Silver elaborated that if the Council were considering instances where CUI,s were allowed, they would be in the context of the existing zoning on the property. Some are permitted uses and some are conditioned. Rather than the I,lanning Commission approving these, the City Council could approve them. Mr. Byde reviewed permitted uses. Just about every use related to auto requires a use permit. Mayor Lockhart asked if it is possible with a CUP to limit the time of the use? If a study takes 2 years, could they limit it to a year after the end of the study? Mr. Byde stated yes with significant qualifiers. Significant improvements could be made and it could be problematic to do this. Ms. Silver advised that with regard to a term limit on a CUP, the general rule is a permit runs with the land. If an applicant requested a CUP for a limited duration, it could CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 372 terminate, but the City Council or Planning Commission should not assume that a time limit could be placed on a CUP. Ms. Silver stated the moratorium is very straight forward. Case law is clear that there is no liability on the part of the City and legal protection is provided to the City from damages from delay in getting approval to develop the property. There are exceptions proposed and more exceptions can be added. Mayor Lockhart asked ff they take existing uses and include them as exceptions in the moratorium, then at the end of that period of time, and after SP study~ they could do as they've done with other studies and change zoning and move forward? Ms. Silver stated they can look at all uses and permitted uses and can say the moratorium, except for approvals, can be granted for the following uses. Of the ten permitted, we like 3 of those so we will except those 3 from the moratorium, as an example. Mayor Lockhart stated her vision is to retain the nature of the automotive industry in that area and she would also like the SP to consider light industrial such as a Light Industrial Park because this is valuable to the community and the valley. Dublin is a City that would look at uses which have been there for a long time and want to keep those businesses in the community. This area is such a gateway and it looks bad. Her greatest hope is we can retain boats, cars, whatever, but be proud of what we see when we look there. The building is very old and a SP is to look at improving the area. Cm. Sbranti stated the fact that the area qualified for redevelopment says something. Cm. Oravetz stated he felt what we really want is a facelift in the area. The moratorium seems to not be supported by the property owners. They have a month to come up with some different ideas if they put this off until September. Can we go back to the drawing board and see if the moratorium is the right way to go? We need to figure out how we get a facelfft without a moratorium. Mayor Lockhart stated she felt we can protect the City and protect businesses. She asked ff the SP will affect the plans for the dead end where Nissan is to go through? Mr. Byde stated this will be evaluated. Mayor Lockhart stated improving the roadway and undergrounding the wires will certainly improve the area. We are trying to find a way to clean up the area. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 373 Mr. Ambrose clarified that the City Council is trying to find some middle ground. Staff will try to come up with some options with no moratorium. Mayor Lockhart stated in the meantime, it is business as usual. Cm. Sbranti requested that we look at what the allowed uses are. The problem is ff you have a different set of rules for one particular area as opposed to the rest of the City, this could Cause problems. Mayor Lockhart pointed out this is no different than what we did on Village Parkway. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by majority vote (Cm. Zika absent), the Council continued this item to the September 3, 2002 meeting. CIVIC CENTER LIBRARY FURNITU~ BID AWARD 9:40 p.m. 7.1 (600~$0/$50~20) Parks & Facilities Development Manager Herma Lichtcnstein presented thc Staff Report and advised that the Library Furnishings Bid Proposal consists of reading tables, web~pac stations, circulation desk, reference desk, seating and lounge chairs for the library's public spaces. A total of 5 bids were received with the Iow bid of $462,778 submitted by Interra Inc. Their bid was found to be non-responsive as they could not fulfill the bonding requirements of the bid proposal. Thc next lowest responsible bidder was Agafi furniture with a bid of $480,909. Cm. McCormick stated she was very happy to sec green materials considered for thc library. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by majority vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 144- 02 CONTRACT NO. 02-11 CIVIC CENTER LIBRARY FURNITURE REJECTING BID OF INTERRA, INC., AS NON-RESPONSIVE and .... CITY cOUNCiL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 374 RESOLUTION NO. 145 - 02 AWARDING CONTRACT NO. 02-11 CIVIC CENTER LIBRARY FURNITURE TO AGATI FURNITURE ($480,909) INITIATION OF GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY FOR THE AREA F NORTH AND AREA F SOLTI~ PORTIONS OF DUBLIN RANCH 9:43 p.m. 7.2 (420~$0) Planning Consultant Michael Porto presented the Staff Report and advised that an original application was submitted for the development of $7 acres of property located in Dublin Ranch, south of Dublin Ranch Phase I, north of Gleason Drive, east of Tassajara Road and west of Fallon Road. The applicant has since revised their application to request consideration of a GP and SPA for Area F North as well as a $.9- acre portion of Area F South. Staff explained that in order to accommodate the land use changes proposed by the applicant, a GP and SPA is required that contains the following components: 1. Area F North: Change in designation from Medium Density Residential to Single Family Residential 2. Area F North: Change in designation from Public/Semi-Public Facilities (High School) to Public/Semi-Public Facilities (Junior High SchooD $. Area F North: Change in designation from Public/Semi-public Facilities (High School) to Public/Semi-Public Facilities 4. Area F NozCh: Change in designation from Public/Semi-Public Facilities (Junior High School) to Residential (unknown land use density and designation) and $. Area F South: Change in designation from Public/Semi~Public Facilities to Medium Density Residential. Staff has expressed several concerns to the applicant about the proposed land uses and locations, including questions about the suitability, accessibility, and usability of the proposed 5.$-acre Public/Semi-Public Facilities site and the proposed use and unknown density of the proposed 19.4-acre Residential site, both in Area F North. Staff explained that if the City Council authorizes a GP and EDSPA for Area F North and Area F South, Staff will: CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 375 · Continue processing the project application and analyze the specifics of the proposed 5.8~acre Public/Semi-Public Facilities site proposed for Area F North, including how this site could be accessed, why this particular site was chosen, how the acreage amount was determined, the overall physical suitability of the site for the land use proposed, and how the proposal will be compatible with surrounding land uses. · Analyze how the removal of 3.9 acres of Public/Semi~Public Facilities designated property impacts Area F South. Examine the land use proposals in relation.to the results of the Public/Semi~Public Facilities GPA Study (anticipated to be reviewed by the City Council in October 2002). · Determine the appropriate unit density for the 19.4~acre residential site in Area F North as currently undesignated by the applicant. · Examine all the proposed land use designations to determine if they are appropriate based on City policies and standards. · Study the land use plan, lot subdivision, circulation routes, and the interrelationship and compatibility of the proposed combination of uses. · Formulate a proposal for providing affordable housing units within the subdivision in the absence of a proposal by the applicant. Although the City Council is reviewing the GP and SPA only at this stage, the application in its entirety is for Site Development Review, Vesting Tentative Subdivision Map, Planned Development Rezone, and a GP and SPA. This project will come before the City Council again with the GPA/SPA/Stage I (Area F South) and Stage II (Area F North) Planned Development once all of the preliminary work has been completed by Staff and the Planning Commission and is ready to move forward. In summary, Staff stated at this point, the City Council needs to determine whether a GP and SPA Study should be authorized for the applicant's new proposal. Mayor Lockhart asked for clarification of the high school/middle school issue. The determination is a School District decision. They will determine use on the site. If they determine that a middle school is there, she clarified that there is not room for both a high and middle school. She clarified that it is one or the other. Mr. Porto stated this is correct. Mr. Porto stated originally it was for a high school, which requires more land than a middle school. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 376 Mayor Lockhart requested that at some point, if the study goes forward, the City Council take a field trip to the area. She stated she felt this would be very helpful. Mr. Porto stated the site is somewhat inaccessible at the present time. He pointed out on the map where the site could be accessed. Cm. McCormick discussed the two small sites being discussed. Mr. Porto stated there is significant tOpographic issues which will have to be resolved and which would look at the viability of that particular property in the study. Access to the site was then discussed. Cm. Oravetz stated he supports this and would like to go forward with the GPA study. Marty Inderbitzen 7077 Koll Center Parkway, representing Dublin Ranch stated he would answer questions. Regarding the school district issue, there was initially a high school and middle school site as well as several elementary schools designated. He discussed the process of the School District decisions. The School District has made a very strong commitment to a middle school and has asked them to address the development opportunities on this site and to build a turn key school for them. This requires them to look at all the issues of surrounding land uses. They can address the circulation issues and land uses surrounding this site and topographic conditions. All ~ they are looking for is an opportunity to continue working with Staff on all these issues. Cm. Sbranti stated he was still not convinced and looks forward to the study answering some questions. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by majority vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 146- 02 APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY FOR THE AREA F NORTH AND AREA F SOUTH PORTIONS OF DUBLIN RANCH CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 377 INITIATION OF A GENERAL PLAN AMENDMENT (GPA) STUDY FOR SAN RAMON VII,I,AGE PLAZA AT 8909 SAN RAMON ROAD 10:02 p.m. 8.1 (420~$0) Associate Planner Kristi Bascom presented the Staff Report and advised that Michael Banducci, on behalf of Bancor Properties LLP, has submitted a request to change the General Plan land use designation for one of the parcels on the southeast corner of Alcosta Boulevard and San Ramon Road, commonly known as San Ramon Village Plaza. The entire center is comprised of two parcels and is approximately 4.6 acres in size. The one parcel proposed for the GPA Study is 2.11 acres. Both parcels are currently designated for Retail/Office uses. The proposal is to develop the site with medium-high density residential uses on the southern half (adjacent to Bellina Street) and remodel the retail portion on the northern haft (adjacent to Alcosta Boulevard). Thc existing gas station at this same corner of Alcosta Boulevard and San Ramon Road is not a part of this application. Ms. Bascom advised that if the City Council authorizes a GPA Study, Staff will begin a detailed review of the applicant's proposal. This project will come before the City Council again with the GPA and Stage I/II Planned Development application once all of the preliminary work has been completed by Staff and the Planning Commission and is ready to move forward. Michael Banducci, with Bancor Properties, First Street, Livermore stated they are under contract to purchase the entire center. They've been working over a year to get to this point. They feel this will be a great transition and they look forward to working with the City to beautify this gateway to the City. Cm. McCormick asked about retail proposed for the site. Mr. Banducci stated currently there is about 48,000 square feet and they will retain about 14,000 square feet. They hope to maintain the good tenants and redo the center and over time, bring in new tenants if it makes sense. Cm. McCormick stated she would prefer to see independent owners; not another Starbucks. Cm. Oravetz discussed Mountain Mikes. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 378 Mr. Banducci stated the old Lucky store building would be taken down. They will do a new faqade and create a little main street through this project; an urban village. They will look at redoing all phases of the site. Cm. Oravetz talked about the new 12 l/z% affordable housing law. Cm. Sbranti reiterated the need to preserve independent businesses. In terms of the layout, he asked how the parking will work? Mr. Banducci showed a plan which shows 2 Vz spaces for each unit, and approximately 5 l/z spaces per 1,000 square feet of retail. Cm. Oravetz asked about the timeline. Mr. Banducci stated they would like to start as soon as possible. Next summer may be possible if they can get through the approval process. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by majority vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 147- 02 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR SAN RAMON VILLAGE PLAZA 8909 SAN RAMON ROAD, APN # 941-0164-1~, INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR THE ADJUSTMENT OF THE WESTERN EXTENDED PLANNING AREA BOUNDARY 10:12 p.m. 8.2 (420-30) Community Development Director Eddie Peabody presented the Staff Report and advised that the Western Dublin Extended Planning Area is an unincorporated area lying immediately west of the existing City limits and bounded by the communities of Dublin, San Ramon and Castro Valley. Because this area, extending westward to Eden Canyon Road is within the City's Sphere of Influence as designated by the Alameda County Local Agency Formation Commission, it is an area that could be annexed by the City. Over the past 20 years, portions of the area have been considered for development. For example, Schaefer Ranch was annexed to the City during the 1990's and development approvals were granted at that time. Development of Schaefer Ranch has been delayed, however, by the Federal regulatory requirements associated with threatened and endangered species. crrv couNciL MI S VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 379 An adjustment is being proposed which would remove approximately 2,164 acres of land from the Western Extended Planning Area Boundary Area. The Area currently consists of approximately 3,100 acres of ridgeland, with a series of ridges and canyons, including a number of rural residential units. Mr. Peabody discussed properties proposed as a part of a future Dublin Regional Open Space Area. A GPA Study will address a possible boundary adjustment. The question is whether the remaining 2,164 acres remain as a part of Dublin's planning area and SOI. If the GPA Study is authorized, Staff will evaluate the changes necessary for the GP impacts, ff any, on the Measure M (Urban Limit Line Boundary) requirements adopted by the voters and any relationship to the proposal to create a Regional Open Space area on the eastern portion of the western extended planning area. If the GPA is authorized, Staff will conduct its analysis and prepare a Staff Report for approval by the Planning Commission and City Council. Should the City Council authorize a modification of the boundary, a later application would be made to LAFCO to remove the affected area from the City's adopted SOI. Notice of this request to initiate a GPA was sent to all parties who have been involved in the ongoing discussion of open space in the Western Extended Planning Area over the past 3 years. Cm. Oravetz commented on the colored map. If Castro Valley becomes a city, he asked if they could declare the area we give up as part of their SOI? Mr. Peabody stated yes they could. Mayor Lockhart stated they considered it Measure D land and not part of their sphere. Cm. Oravetz clarified that under Measure M, no development could occur to the area which was shown in yellow without a vote of the people. Cm. Sbranti asked if the City Council decides to de-annex this land out of our sphere, would this still be subject to Measure D and the entire County would have to vote on it? Mr. Peabody stated yes. Cm. Sbranti asked what the benefit would be of giving this up? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 380 Mr. Peabody replied an advantage could be in looking at how the property could ever be developed or its relationship to Dublin. There is no infrastructure or roads to the area. It is in the Castro Valley School District. De-annexing would not necessarily preclude changing the ability to have it as open space. Mayor Lockhart talked about some historical aspects and questions by ranchers. Mr. Peabody stated most of this is grazing land. They operate with wells and their fire service comes from the opposite direction. Mr. Ambrose stated this would be very similar to a buffer which no one could develop. Tom Ford, Tina Place, stated he has been involved with the Western Dublin Planning Area for about 10 years. PARC strongly supported Measure M and strongly supports public control of the whole 3,100 acres. He felt eventually Castro Valley will incorporate. They will probably seek more land for their own uses and development could be to the detriment of the 1,000 acres of a regional park. He asked everyone to remember West Dublin is severely short of park space. We need at least 50 acres and we have 28 acres. We should be providing some recreational open space immediately adjacent to west Dublin. The area does not need to be outside the SOI of Dublin. He urged the City Council to take no action to change this area. The City's current reserves show to be $92 million. Vote no on the GPA study. David Bewley, Brittany Lane, stated he was one of the co-authors of Measure M. This is a good faith issue. He stated he seems to be agreeing with Cm. Oravetz. We are not in a situation where we have a problem that needs to be fixed. This brings up a whole lot of issues. This property could be annexed at a later date. Additional open space could occur in the future. Specialized agricultural uses could potentially occur. Open space could be lost. This has traditionally been in our SOI. There is no compelling reason to eliminate this area from our SOI. Measure D is more restrictive than Measure M and subject to the electorate of the whole County. Dublin would give it due consideration and does not preclude it from coming before the Dublin electorate. There is no problem that needs to be solved. Definitely turn this down at this time. It could be brought forward at some point in the future. Keep our options open unless there is a strong reason not to. There may even be legal issues involved. There is no compelling reason. He discussed the intent of the Urban Limit Line measure. Morgan King, Creekside Drive, stated he also was one of the original proponents of Measure M. The adoption of Measure D may have changed the equation of property owners de-annexing. The benefits are really gone. He reiterated what Mr. Bewley and Mr. Ford said. Voters for Measure M voted for the entire extended planning area. Let's ' ' CITY COUNCIL MINUTES .... VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 381 keep it in and keep our options open. He stated he hopes Dublin will dream big, and someday incorporate this into one large regional park. Mr. Ambrose corrected a previous statement and clarified that Dublin does not have $92 million in reserves. This is not discretionary money. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by majority vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 148 - 02 DENYING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR THE ADJUSTMENT OF THE WESTERN EXTENDED PLANNING AREA BOUNDARY SUSTAINABILITY INVENTORY PILOT PROGRAM WITH THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY AND RECYCLING BOARD (ACWMA) AND THE INTERNATIONAL COUNCIL OF LOCAL ENVIRONMENTAL INITIATIVES (IC.LEO 10:43 p.m. $.3 (420-10/600-40/110-30) Associate Planner Kristi Bascom presented the Staff Report and advised that the City has been invited by the ACWMA to participate in a Sustainability Inventory Pilot Program being conducted by a non-profit organization called the International Council for Local Environmental Initiatives. ICLEI is a membership organization of local governments and national and regional government associations, and is partnering with the Recycling board to recruit participation in their new program on sustainability. Ms. Bascom discussed the various levels of participation. An outline of the ambitious Community Development Department Staff work Plan for FY 2002-03 was presented. Adding another item to this list will likely slow down the progress of completing the other tasks, unless the City Council defers items until the proposed SIPP has been completed. Financial impacts on the Community Development Department budget in terms of Staff time spent on the Sustainability Inventory Pilot Program will be determined by the level of participation in the program approved by the City Council. In summary, Ms. Bascom stated Staff requested that the City Council either: I. Do not authorize participation in the Sustainability Inventory Pilot Program (SIPP), CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING August 6, 2002 PAGE 382 2. Authorize limited participation in the SIPP, approve the MOU (Limited Scope), and determine which Community Development Department projects in the FY 2002~ 03 Work Plan should be deferred, or 3. Authorize participation in the SIPP as proposed by ACWMA and ICLEI, approve the MOU as proposed by ACWMA and ICLEI, and determine which Community Development Department projects in the FY 2002-03 Work Plan should be deferred. Cm. McCormick noted the Staff Report estimates a need for about 80 hours of Staff time to complete project, then in another place, it says 30 or 40 hours. Ms. Bascom stated Staff called other jurisdictions and learned that the actual time spent was more than originally estimated. Rory Bakke, ACWMA invited the City to participate in this pilot project. Oakland and San Leandro have signed on and Albany is considering participating. Dublin would be the fourth and final jurisdiction to participate. The inventory is a profile of the community's natural, social and economic resources. The profile can be used to set goals and targets to move toward a more sustainable community. Palo Alto went way beyond what they are asking us to do. They will pay ICLEI to do all the work. They will assemble all the data. They will offer to have a workshop for the 4 jurisdictions at the end of the year. The process is extremely valuable. She stated she hopes Dublin will participate. Mayor Lockhart asked about Council participation in forming the questions as their job involves directing policy for the community. Their input could be valuable, especially since this could be a kick off for our GP update and broadening the scope and adding elements that haven't been included in the past. She asked how would this work in the scheme of things, by adding a subcommittee of a couple of Councilmembers. Ms. Bakke stated this would be ideal. When decision makers are involved, it strengthens the process. Cm. Sbranti asked how long the process will be. Allison Quade ICLEI stated because they are doing data collection they are trying to finish it up in a couple or 3 months. They will then prepare the findings. Cm. Oravetz asked with regard to the financial statement which is presently unknown, if they could provide a quick estimate? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 383 Mr. Ambrose stated the issue is staff time. We have a fairly ambitious work program. He pointed out that about $0 hours of staff time was allocated to the Western Extended Planning Area GPA which won't go forward. The Council felt if it could be done as a replacement for # 1 $ on the Planning Division Project List, it could be done. Cm. Sbranti stated he felt some of these issues could be included and would provide valuable information for the General Plan. Cm. McCormick commented on the design of the questions and clarified that we could develop our own questions and have the number of questions we want. They could be relevant to the GP. We can design our own study. Mayor Lockhart asked about having a Council sub~committee. Cm. Sbranti stated he would be willing to serve on this committee. Mr. Ambrose stated the only issue is staff time and pointed out that there is no G1° update planned for this year with the exception of the housing element. Mayor Lockhart stated she felt as policy makers, they are looking at growth issues daily. Not only do we need to know where we're going, but who we are and understanding what our community is made of and what to look for. Policy issues are critical. We've never inventoried what our resources are in the community and what we need to work on. Cm. Sbranti stated he felt this can impact growth decisions and there are broader implications beyond just the scope of the GP. Cm. McCormick asked if anyone considered the limited scope. Mr. Ambrose stated the way this is geared now, it identifies providing implementation and setting goals for us. Once they're thrown out there, they're there. There are some unknowns, depending upon how you tailor this. This could involve a lot more time than just providing an inventory. Ms. Bakke clarified that ICLEI is not a consulting firm. She suggested maybe limiting the hours. They would give recommendations, but what Dublin does with them is up to us. Mr. Ambrose questioned how a public agency produces a document that isn't public. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 384 Mayor Lockhart asked ff we didn't want a written list of targets, could they just generically discuss this in a workshop. Cm. Sbranti asked if there may be a way to get the data without producing a report. Ms. Bakke stated she felt the more we put in the more we get out of it. Mayor Lockhart suggested that we go into this with the full scope and design questions for our community and replace # 13 on the major project list for Community Development. On motion of Mayor Lockhart, seconded by Cm. Sbranti, and by majority vote, the Council agreed to proceed with the full program as presented with understanding we will design it to meet the needs of our community and include a sub~committee consisting of Cm. Sbranti and Mayor Lockhart who will participate in the question formation process. CONSULTANT SERVICES FOR THE SENIOR CENTER DESIGN 11:10 p.m. 8.4 (600~30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that in February 2002, the Council directed Staff to solicit proposals for the Senior Center Design and to evaluate the potential for senior housing on the site on Amador Valley Boulevard. Six firms responded to the City's request for RFPs. Of the 6 firms, 3 were asked to interview and the Dahlin Group was chosen. Ms. Lichtenstein discussed the services to be provided, including: Conceptual Design, Schematic Design Phase, Design Development, Construction Documents, Bid and Award, and Project Meetings & Presentations. The total fixed fee will be $583,000. Mayor Lockhart asked ff under the building description, "Based on the Feasl'bili& Study the proposed bu~ldingr will be single-story, include a mee~ingt room for events, activi& rooms and commercial s&le lcl'tchen. In addition, the Architect will revie~v "igreen" bu~ldin$ components with the Ci& and incorporate those that are appzvpriate" ff this is a project that might qualify for funding from Waste Management? CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 385 Ms. Lichtenstein replied yes and there was a meeting today. Those will be eligible and we will do a similar process. Cm. McCormick stated she felt at some point the Heritage & Cultural Arts Commission might be invited to participate and provide input on the design. Ms. Lichtenstein stated they plan to pursue some public art component with the project. Mr. Ambrose asked the City Council to identify the scope of the Commission's role. This would be helpful for both the Commission and Staff. Cm. McCormick stated she felt for the Commission to look at the overall design in an advisory role would be beneficial. Mr. Ambrose talked about the various roles of the Commissions. Mayor Lockhart stated she felt they should definitely be looking at the public art component. Cm. Sbranti asked ff there is a way they could be included simply in an advisory capacity. The response was they are already. This would routinely happen. Cm. Sbranti suggested maybe notifying them at some point and letting them provide input. They could be extended an invitation along with the Parks & Community Services Commission. Ms. Lowart clarified public buildings don't necessarily go through the Parks & Community Services Commission. The Heritage & Cultural Arts Commission receives minutes from the P&CS Commission, so they would be included. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by majority vote (Cm. Zika absent), the Council approved the agreement with Dahlin Group, Inc., and authorized the Mayor to execute the agreement. ' CI~tr COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 386 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (MOU) WITH DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) REGARDING COOPERATIVE IMP!.EMENTATION OF AGREEMENT TO SETFLE WATER LITIGATION 11:19 p.m. 8.5 (600-40) City Attorney Elizabeth Silver presented the Staff Report and advised that the City is party to a 1999 MOU with DSRSD for cooperative implementation of an agreement between DSRSD and other parties to litigation over the provision of water to Dougherty Valley. This item is for the Council to consider approval of the First Amendment to the MOU which would provide the City with the opportunity for input to DSRSD on matters which may affect the City's interests as a land use planning agency under the proposed agreement between DSRSD and Livermore, entitled "The Tri~Valley Water Retailers Cooperation Agreement". The DSRSD Board is also considering approval of the First Amendment at its meeting tonight, as well as considering approval of the Tri-Valley Retailers Cooperation Agreement. On motion of Cm. McCormick, seconded by Mayor Lockhart, and by majority vote (Cm. Zika absenO, the Council adopted RESOLUTION NO. 149- 02 APPROVING FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING REGARDING COOPERATIVE IMPLEMENTATION OF AGREEMENT TO SETTLE WATER LITIGATION SELECTION OF FALL BANNER DESIGN 11:22 p.m. 8.6 (350-30/820-20) Parks & Community Services Manager Paul McCreary presented the Staff Report and advised that the fall seasonal banners which were purchased 11 years ago, are in need of replacement. The fall banners are hung annually from September through November. Four design options were presented for Council selection. Mr. McCreary stated following the selection of the preferred design, Staff will obtain quotes for the new banners and place the order with the lowest responsible bidder. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 387 Cm. Oravetz stated he liked Option D. Cm. Sbranti stated he also liked Option D. Cm. McCormick asked if we can have two designs. Mr. McCreary stated the bid was set up to be one design only. Mayor Lockhart stated she also liked Option D and suggested we could personalize them with '~Autumn in Dublin". On motion of Cm. McCormick, seconded by Cm. Oravetz, and by majority vote (Cm. Zika absen0, the Council selected Option D as the preferred banner, and agreed that the personalizafion should say "Autumn in Dublin". CIVIC CENTER LIBRARY MODULAR FURNITURE - AUTHORIZATION TO BID 11:24 p.m. 8.7 (600~30/350~20) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the library Modular Furnishings Bid Package is the second of two furniture packages for the Library. This bid package will include the work stations, filing systems, shelving, etc., for the Library staff areas. The first bid package was released in early July 2002. Bids are scheduled for opening on August 22nd and award of the contract is anticipated at the September 3, 2002 City Council meeting. The Council discussed the lounge chairs. Cm. Sbranti asked about the stacking chairs. These will be in the auditorium area and can be pulled in and out and arranged with or without tables. Green building practices will be submitted by each bidder. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by majority vote (Cm. Zika absent), the Council authorized Staff to advertise the Library Modular Furnishings for bids. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 388 AWARD OF CONTRACT FOR DUBLIN SPORTS GROUNDS RENOVATION PHASE II ll:28p.m. 8.8 (600~$0) Parks Sc Facilities Development Coordinator Rosemary Alex presented the Staff report and advised that in June of Z002, the City Council authorized Staff to advertise for bids for the Dublin Sports Grounds Renovation, Phase II. On July 24, 2002, the City received bids from Jensen Corporation, Valley Crest Landscape Inc., and Bauman Landscape. Jensen Corporation submitted the lowest responsive bid with a base bid of $794,777 and alternates that decrease the bid to a low of $732,277 or increase the bid to a high of $852,805. Upon evaluation of the bid results and consideration of the overall project, Staff recommended the award of the contract to Jensen Corporation of the Base Bid along with the inclusion of Alternate #4 (installation of two scoreboards). Alternates # 1 ~ $ are not recommended for inclusion in the project scope. If the Base Bid including Alternate #4 is approved, the cost would increase to $830,077. Staff recommended adding a 10% contingency, thus bringing the amount of funds needed to $~31 $,854. An additional appropriation in the amount of $158,2~) 1 will be needed from the Unappropriated General Fund Reserves to award the contract. Cm. Oravetz asked where the scoreboards would be located. You don't want them to interfere with the soccer fields. Ms. Alex explained that Staff will coordinate the final location. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by majority vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 150- 02 AWARDING CONTRACT NO. 02-09 DUBLIN SPORTS GROUNDS RENOVATION TO JENSEN CORPORATION ($794,777 + ALTERNATE #4-$36,000) and approved the Budget Change. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 389 OTHER BUSINESS 11:33 p.m. Cm. Oravetz stated he attended the League of California Cities Conference in Monterey and got some good information. Cm. Sbranti stated he also enjoyed participating in the League of California Cities workshop. Cm. McCormick congratulated Dublin neighborhoods on the National Night Out kickoff event. It was great. She stated she visited the Wastewater Treatment Plant and took the smell test. She also Chaired a meeting of the Tri~Valley Transportation Council. Mayor Lockhart thanked Dublin Police Services for all of their efforts with National Night Out. Mayor Lockhart advised that Lt. Col. DeYoung asked that an announcement be made that the National Guards at Parks RFrA are leaving soon and there is going to be appreciation ceremony for the soldiers thanking them for the outstanding job they've done. It will be on Friday, August 16th from 3:00 p.m. - $:30 p.m. on the base. People are invited to stop by and say thank you. There will be a barbeque and the cost is $14. Mr. Ambrose asked if there will be a City Council meeting on August 20th? The City Council concurred that the August 20th meeting be canceled and adjourned to September 3rd. CLOSED SESSION 11:38 p.m. The Council continued consideration of Closed Session Items #3, #4 and #5. Mayor Lockhart announced that no reportable action was taken. CITY COUNCIL MINLVrEs VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 390 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 12:15 a.m. Mayor ATIZST: City Clerk CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING August 6, 2002 PAGE 391