Loading...
HomeMy WebLinkAboutItem 4.01 DraftMinu 02-05-2002 SPECIAL MEETING — FEBRUARY 5. 2002 Appeal of Planning Commission Denial of Variance and Site Development Review for Dublin Security Storage PA 01-008 (File# 450-40/410-30) On November 27, 2001, the Dublin Planning Commission denied a request from Dublin Security Storage, located at 6005 Scarlett Court, for a Variance and Site Development Review for expansion of an existing warehouse and outdoor storage facility with additional storage units, totaling,approximately 10,000 square feet. The Applicant has filed a letter of appeal of the denial by the Planning Commission based on 1) The variance to the setback regulations should be granted because other self-storage facilities have received approval for zero rear or side yard setbacks; 2) The existing General Plan FAR density measurements substantially reduce the buildable area allowed, and previously approved expansions of this facility prior to the addition of the density ranges to the General Plan would not have been permitted; and 3) The City Council should allow a higher FAR for this site to permit further expansion consistent with the 1987 General Plan which was in effect when the property was purchased. Following a public hearing on January 15, 2002, the City Council determined that a field trip to the site should be conducted prior to rendering a decision on the appeal. The field trip began on site at approximately 4:00 p.m., with Mayor Lockhart and Councilmembers McCormick, Oravetz and Zika present. ADJOURNMENT The field trip concluded at approximately 4:40 p.m. Mayor Ar PEST: City Clerk CITY COUNCIL MINUTES VOLUME 21 SPECIAL MEETING (FIELD TRIP) February 5, 2002 PAGE 21 11 L • REGULAR MEETING - February S, 2002 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel: 1.Anticipated Litigation- Significant exposure to litigation pursuant to subdivision(b) of Government Code 54956.9(ONE potential case)-Facts and Circumstances: Receipt of Claims dated July 14,August 30, and October 26, 2000 and Government Code.Claim dated July 17, 2001 from Goodland Landscape Construction, Inc., related to Emerald Glen Party Phase 2. Conference with Legal Counsel-Anticipated Litigation-Government Code subdivision(c) of Section 54956.9-ONE potential case A regular meeting of the Dublin City Council was held on Tuesday, February 5, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11 p.m.,by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Zika, and Mayor Lockhart. ABSENT: None. 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 stated there was no reportable action. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 22 PRESENTATION BY EAST BAY REGIONAL PARK DISTRICT 7:12 p.m. 3.1 (660~$0) City Clerk Kay Keck advised that in November of 2001, the Board of Directors of the East Bay Regional Park District placed a measure on the ballot for the March 5, 2002 election. The measure would fund four major needs areas: environmental maintenance, public safety, resource protection/restoration, and public access. Representatives from the East Bay Regional Park District have requested an opportunity to provide an update of information related to their Ballot Measure. The amount would be $1 per month per single-family home, 69 cents per month per apartment unit. A 50% discount would be available for low-income seniors. Board President Ayn Wieskamp thanked the Council for this opportunity to speak. She stated they had a (;-minute video which covers most of the information. She advised that Paul Rankin would assist her in showing the video. They.now operate 59 regional parks and more than 1,000 miles of trails on 93,000 acres in Alameda and Contra Costa Counties. With funds made available by the passage of Measure AA in 1988, the Park District has expanded by more than 26,000 acres of parkland and shoreline, protecting these properties for wildlife habitat and outdoor recreation. Ms. Wieskamp discussed the challenges they now face. Measure AA money may not be spent for operations or maintenance. They determined that this was a good time to go out for a parcel tax to do basic maintenance and expansion of parks and operation money for a 12-year period. There is a sunset clause after 12 years and to come up again would require a 2/3 vote. Their website is www.ebparks.org. Rich Guarienti is a newly appointed parks commissioner and is a Dublin resident. Mayor Lockhart asked about the division formula. Ms. Wieskamp stated they go by population. Most of the money in the west is going to be spent on upgrades and this area southeast metro will include maintenance at Shadow Cliffs and opening of Bushy Peak Preserve and Vargas Plateau. There are also district- wide projects. Cm. Zika clarified the area she represents has about the same amount of funds as any other area. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February $, 2002 PAGE 23 Ms. Wieskamp stated they just redistricted like everybody else and they try to stick to the guidelines closely. They have a wide range of supporters, including the Alameda County Taxpayers Association, the League of Women Voters, and the Dublin Chamber of Commerce. The Measure K video was shown. Rich Guarienti stated as a Dublin resident he would like the City Council's support of Measure K. A total of 30 of the projects are less than 12 miles from here. There are :3 items for the Iron Horse Trail that goes right through Dublin; 7 items for Las Trampas Trail in Danville, 10 miles away; and Brushy Peak and Vargas Plateau. For $12 a year, this is truly an outstanding value. Mayor Loc~rt requested that a Resolution of Support for Measure K be placed on the Consent Calendar for Council consideration at the next City Council meeting. APPOINTMENT TO TRI~VALLEY COMMUNITY TV BOARD OF DIRECTORS 7:134 p.m. 3.2 (110~30) City Clerk Kay Keck presented the Staff Report and advised that the CTV Board of Directors is comprised of 11 members; two represent each participating City (Dublin, Livermore, Pleasanton and San Ramon), and the Board of Directors appoints three at~ large members. In accordance with Council direction, an opening on this Board was advertised. Four applications were received by the advertised deadline and Mayor Lockhart has appointed Patrick I-Iannigan to fill the vacancy with a term which will expire in February 2003. Mr. Hannigan was present in the audience and he stated he looks forward to serving. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council confirmed the Mayor's appointment of Patrick Hannigan to the Tri-Valley Community TV Board of directors and directed Staff to notify the appropriate agencies. CITY COUNCIL MINLITES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 24 7:37 p.m. Frank Ruskey stated he understands from a TV show he saw last week that we showed a $4.6 million surplus in the City Budget and now he understands there is no surplus but we are operating with a deficit. How can we go from surplus to a deficit overnight? Somebody has to be responsible for this. Where do we stand at the present time7 Mr. Ambrose stated he thought the television show Mr. Ruskey referenced was the Mayor's speech at the Chamber of Commerce meeting. The surplus was over and above what we had for last year. We do not have an overall deficit and Staff anticipates presenting a report indicating we did have a surplus last fiscal year and we are not in a deficit situation. Our surplus for this fiscal year will probably not meet our projections. A mid-year report will be presented to the City Council next month for this fiscal year indicating where we are. Mr. Ruskey questioned if we have cost overruns for the library and the senior center. Mr. Ambrose clarified that the senior center has not been approved, but rather this is being studied and we are still within the budget on the library project. 7:43 p.m. Mayor Lockhart showed framed proclamations the City had received in honor of our 20th birthday as a City. One was from Senators Don Perata & Tom Torlakson and the other was from State Representatives Ellen Corbett and Tom Torlakson. These will be put on display somewhere in the Civic Center. CONSENT CALENDAR 7:44 p.m. Items 4.1 through 4.14 Mayor Lockhart pulled Item 4.7 and Cm. Oravetz pulled Item 4.6. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of January 15, 2002; CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 25 Adopted (4.2 ~;00-35) RESOLUTION NO. 7- 02 AWARDING CONTRACT 01-14 CiViC CENTER INTERIOR PAINTING TO SNA ENTERPRISES, INC. ($57,000) Approved (4.3 1050-50) Budget Change for the Th-Valley Community Television Corporation Studio remodel; Adopted (4.4 660-40) RESOLUTION NO. 8- 02 SUPPORTING PROPOSITION 42 (TRANSPORTATION CONGESTION iMPROVEMENT ACT) Adopted (4.5 600-60) RESOLUTION NO. 9- 02 ACCEPTING IMPROVEMENTS FOR TRACT 6960 (DUBLIN RANCH NEIGHBORHOOD LS, "STONECREST") AND APPROVING REGULATORY TRAFFIC DEVICES INSTALLED AS TRACT IMPROVEMENTS Accepted (4.8 600-35) improvements under Contract 01-13, Civic Center Fuel Tank Upgrade, and authoriT_~xl $32,518 payment to Paradiso Mechanical, less retention to.be paid in 35 days if no subcontractor or supplier claims are received; Approved (4.9 600-35) Change Order No. 9 ($2,650) and No. 10 ($36,485.92) for Contract 00-16, Dublin Boulevard Widening, Dougherty Road to Scarlett Drive; Adopted (4.10 600-(10) RESOLUTION NO. l0- 02 ACCEPTING CREEK IMPROVEMENTS AND DEDICATION OF PARCEL C TRACT 6960, WITHIN DUBLIN RANCH PHASE I CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 26 Approved (4.11 600-30) Right-of-Way Contract for the Dublin Boulevard Widening Project from Village Parkway to Sierra Court/Civic Plaza (6465 Clark Avenue— Sandelman Property) and authorized the City Manager to sign the agreement and issue a check in the amount of$145,800 payable to American Title Company for deposit into escrow; Authorized (4.12 350-20) Staff to distribute RFP's for a Telephone System for the Civic Center, Shannon Community Center and other City facilities; Received (4.13 320-30) the City Treasurer's Investment Report for the 2nd Quarter of FY 2001-02 showing the City's investment portfolio totals $89,674,118 (cost basis), with funds invested at an average yield of 4.155%; Approved (4.14 300-40) the Warrant Register in the amount of$1,728,424.53. Cm. Oravetz pulled Item 4.6 regarding the Village Parkway U-Turn at Davona Drive and asked when we are going to start work. Public Works Director Lee Thompson stated right away and it should take 2 or 3 months to finish the project. On motion of Cm. Oravetz, seconded by Cm. Zika,and by unanimous vote, the Council adopted. (4.6 600-35) RESOLUTION NO. 11 — 02 AWARDING CONTRACT 01-15 VILLAGE PARKWAY U-TURN LANE AT DAVONA DRIVE TO GRADETECH, INC. ($105,800) Mayor Lockhart pulled Item 4.7 related to the no parking zone on Dublin Boulevard and asked if we had notified and/or heard anything from the day care center next door. Mr. Thompson stated he did not think so. Most of the people are those that go into the Bay Tree Offices. He stated he wasn't sure if the daycare had been notified. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 6, 2002 PAGE 27 Mayor Lockhart stated she was concerned that parking can be a major issue when parents drop off kids. If we haven't spoken with the neiTphboring property, she stated she was hesitant to approve this. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council agreed to continue this item until we can be sure that the day care facility was notified of this change. PUBLIC HEARING - DUBLIN SECURITY STORAGE - APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE AND SITE DEVELOPMENT REVIEW 7:48 p.m. 6.1 (450~40/410~$0) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report and advised that Glenn Kierstead of Dublin Security Storage is appealing the November 2001 decision of the Planning Commission to deny a request for a Variance and Site Development Review for expansion of an existing warehouse and outdoor storage facility with additional storage units, totaling approximately 10,000 square feet. The site is located at {1005 Scarlett Court and consists of two parcels totaling 6.61 acres, which presently contain approximately 93,230 square feet of building area and 57,000 square feet of outdoor storage area. A Variance is required to allow a zero~foot rear yard setback in place of the 20~foot setback required by the Zoning Ordinance along the periphery of the rear property line. The proposal is to locate twenty~five 10 x 20 and eight 5 x 10 foot storage units in the rear portion of the northern parcel within the setback area, and twenty~two 10 x 20 and four 5 x 10 foot storage units on the southern parcel for a total of 10,000 square feet of additional indoor storage space. No other improvements are proposed with this project. Mr. Kierstead filed a letter of appeal of the denial based on: 1) the variance to the setback regulations should be granted because other self~storage facilities have received approval for zero rear or side yard setbacks; 2) the existing General Plan FAR density measurements substantially reduce the buildable area allowed, and previously approved expansions of this facility prior to the addition of the density ranges to the GP would not have been permitted; and $) the City Council should allow a higher FAR for this site to permit further expansion consistent with the 1987 GP which was in effect when the property was purchased. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 28 Ms. Harbin discussed the Variance Request, Site Coverage and General Plan FAR, Encumbrance of Easements on the Property, and Potential Specific Plan for Scarlett Court In summary, Ms. Harbin stated the project does not meet the requirements of the Variance findings because: 1) There are no special circumstances applicable to the physical characteristics of the property that deprive the property of privileges enjoyed by other properties in the vicinity and the same zoning classification. 2) The appellant has utilized much of the 6.61 acre site for various uses and businesses he has developed or leased over the last twenty years, with a minimal amount of area devoted to landscaping and accessways. 3) The landscaping on the site is minimal and is shown on the Site Plan submitted by the applicant as only 3 feet in depth on the north and west side of the property. The Council has recently discussed the possibility that a Specific Plan might be developed for the Scarlett Court area to transition some existing uses to other uses more compatible with the auto/vehicle dealerships that have been established in this part of the City. The proximity of the proposed buildings on the site might adversely influence other potential development opportunities on the adjacent property, which is currently vacant. Ms. Harbin stated granting of the Variance would appear to be a grant of special privileges by allowing buildings to be located in. required yard areas on a property that is overbuilt and has a minimal amount of landscaping, while other properties have been required to meet the setback standards and to landscape yard areas. Additionally, deviation from the maximum FAR for the land use category established by the GP is inconsistent with the GP. A GPA and environmental analysis would be necessary to support further development of the site. The applicant/appellant has the option of applying for a GPA to modify the established FAll's for the land use designation if he so desires. Given the City's present policies and regulations, Ms. Harbin stated it is Staff's opinion that the required findings for a Variance cannot be made, and the Planning Commission denial of the project should be upheld. Cm. Zika requested that Staff talk about the reason for the 20~foot setback and discuss the philosophy. MS. Harbin stated it is desirable so that there is space between the neighbors and your property. There should be area for emergency access, some landscaping and a buffer between neighboring property. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 29 Cm. Zika asked about violation for parking vehicles in this area. Ms. Harbin advised that this is somewhat of a gray area. In this instance, items have been parked for long periods. This is probably a non~conforming use. Glenn Kierstead thanked the City Council for the time they spent coming to the facility this afternoon. He asked Staff with regard to the FAR, if other facilities use outdoor space to determine FAR. Ms. Harbin stated Staff looked at others and one, either U~haul or Allsafe was over the FAR calculation. Part of it was they were using set back area as a result of dedicating a road. Mr. Kierstead gave a brief history of Dublin Security Storage and discussed the location and businesses bordering the property. Also discussed were: area of mini storage parking areas to be covered storage; reasons for converting to covered storage; and FAR considerations. The General Plan definition that pertains to this property stated, "Business Park/Industrial: Outdoor Storage (FAR: .25 to .40; employee density: 360~490 square feet per employee). In addition to the Business Park/Industrial uses described, this classification includes retail and manufacturing activities conducted outdoors such as mobile home or construction materials storage. Example: Scarlett Court." Mr. Kierstead stated ownership of parcels is by local families. The property looks considerably better than when they took over. Documents were distributed to the Council. They feel the area proposed would have a positive impact on neighboring properties. He discussed the definition of the FAR and feels they are actually reducing the FAR's for this. They are in disagreement with the FAR calculations. The GP allows variances, especially when they benefit the public. There is a great demand for storage. They turn people away daily. They store vehicles, they store for families and they store for businesses and provide pick up and drop off services for Dublin. He has been there for 22 years and this got caught in a Catch 22 situation with the development of the Gl'. He would like to have it grand fathered in as it warrants this. Mayor Lockhart closed the public hearing. Cm. Oravetz thanked the Planning Commission for doing a real good job on this. They rejected the variance and it was appealed to the City Council. He also thanked Mayor Lockhart for suggesting that they go out and walk the site. When the Corrie property develops, he will inherit a 4' wall and this is not fair to him. The first building would not CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 30 be bad and he stated he would be inclined to let them build this first building and would grant a variance. Cm. Zika stated he felt Cm. Oravetz had a good idea, but based on the criteria, he wasn't sure how we would get there from here. They would have to satisfy all 5 requirements. If we give him approval, what would stop Mr. Corrie from wanting to do the same thing? He stated he did not feel the necessary findings could be made. Cm. McCormick agreed. She stated she was having a difficult time coming up with the findings to grant the Variance. We do have standards with regard to landscaping and setbacks. She stated she believes it needs to have a buffer zone. We have a transit center coming in and she wasn't sure she wants to see concrete walls right up to the property line. She stated she couldn't make the findings. Mayor Lockhart stated she felt a couple of the issues brought up by the applicant refers to other storage units. Personally, this is like comparing apples to oranges. They could be in a different zoning category and they have to follow the rules for their area. She did not understand until she saw this, but he is gaining revenue from the air space and she understands why this is included in the FAIL It provides income. She stated she felt the community would be losing by giving up the RV outdoor storage space. The impact on neighbors was discussed. She felt it would have a negative impact on people working right next door at the Nissan facility. They must give reasons and she agreed with the Planning Commission that opportunities do not exist. Cm. Oravetz asked if they could come back with a different plan at a later date for the One building. 1V~. Harbin stated they could, and we would still apply the FAR requirement. On motion of Cm. Zika, secon~ by Cm. McCormick, and by majority vote, the Council adopted RESOLUTION NO. 12- 02 AFFIRMING THE PLANNING COMMISSION ACTION OF NOVEMBER 27, 2001, AND DENYING A VARIANCE AND SITE DEVELOPMENT REVIEW TO ALLOW CONSTRUCTION OF TWO BUILDINGS WITHIN THE REQUIRED SETBACK FOR DUBLIN SECURITY STORAGE (PA 01-008) Cm. Oravetz voted in opposition to the motion. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 31 CONSULTANT SERVICES FOR MUNICIPAL ELECTRIC UTILITY FEASIBILITY STUDY 8:20 p.m. 7.1 (600-,30) Economic Development Director Chris Foss presented the Staff Report and advised that this item is for Council consideration of a consultant services agreement with Environmental Services Associates (ESA) to complete a technical briefing paper addressing the current state of electrical energy in California and providing strategic recommendations relevant to the City. The study will be completed in approximately $ to 4 weeks at a cost not to exceed $9,730. Funds were not appropriated in the FY 2001~ 02 Budget for this study; however, the City did allocate a reserve of $750,000 for energy projects. Frank Ruskey stated he has been in the power business for over 40 years. He helped build the Diablo Canyon Nuclear Power site and he will give testimony to the Power Board on the 23~a of February. He objects because our timing is off. We have a complete new energy board in Sacramento and it is in chaos at the present time. How can you do a realistic study? If the state grabs all the power lines, there is also talk about doing away with allowing cities to have their own energy. He asked that the City Council delay this item until after February 23ra. We could hire the professionals after the State decides what they're going to do. Mayor Lockhart clarified that in approving the contract, this doesn't mean the project is done tomorrow. We are looking at an opportunity to evaluate our energy needs and to compare this with what the state is doing. We can start working on the details of the scope of work they will do, and it will be way after the state meets before they get to this part. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 13- 02 APPROVING AGREEMENT WITH ENVIRONMENTAL SERVICES ASSOCIATES TO CONDUCT A MUNICIPAL ELECTRIC UTILITY FEASIBILITY STUDY authorized the City Manager to sign on behalf of the City, and approved the Budget Change. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 32 FISCAL YEAR 2002-013 - PROJECT APPLICATIONS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 8:27 p.m. 8.1 (480-30) Housing Specialist Julia Abdala presented the Staff Report and advised that this item is for the City Council to determine the projects that will receive CDBG allocation for Dublin. Dublin's CDBG allocation for FY 2002-03 is $87,335, a 5% drop from last year's allocation of $92,057. Staff recommended the following for funding: · City of Dublin - Sidewalk Ramps · Dublin Housing Authority- Arroyo Vista Roof Repair · Contribution toward Acquisition/Rehabilitation of the Tri-Valley Family Crisis Homeless Shelter · Valley Community Health Center - Senior Support · Th-Valley Haven Domestic Violence Shelter · Spectrum Community Services - Meals on Wheels · City of Dublin - Minor Home Repair (mandatory) · Program Administration TOTAL $ 6,782 $ $4,000 5,427 7,000 8,000 4,000 15,526 6,600 87,335 Mayor Lockhart asked about the $5,427 for rehabilitation of the homeless shelter. Are we getting this money from a low interest loan or taking it out of our CDBG money? Ms. Abdala stated we are taking it out of our CDBG money for the next 10 years. We are not participating in the loan, but just contributing. Mayor Lockhart asked if there is some way we can participate in the loan and give them the money right upfront. She also asked if we could advance it and then pay ourselves back. Ms. Abdala stated we are eligible to take out a Section 108 loan and we would be doing this next year. We have to be very specific with a Section 108 loan and she stated she wasn't certain we could coordinate this. Mr. Ambrose stated the principal amount of the loan would be relevant to the discussion. Ann King, Director of Tri-Valley Haven thanked the City for hearing their request for this money. This came together very quickly. She discussed their history and experience. They've been around since 1977 and started with a grassroots effort. They serve $0 women and children. Dublin's problems sometimes seem invisible, but last year they CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 33 helped 5 women get restraining orders and took 813 hotline calls. It's important to have relationships with surrounding areas as they try to get women who need emergency shelter as far away from the situation as possible. They hope to start a mobile food program to serve this area. Buying and rehabilitating this house would really make this a permanent stable thing. This is a big community project and they need our support. Mayor Loc~art asked if this house will remain a family house? Ms. King stated yes, it will remain a family house. Cm. Zika referenced a newspaper article saying the previous home closed because it was losing $10,000 a month. Ms. King explained the needs of purchasing and running this. They do need to find operating funds in a responsible way. Ms. Abclula stated if this were to foreclose, the City would get their money back. Jean Prasher from the City of Livermore stated $5813,000 is the total project budget. She stated she understands Mayor Lockhart's generosity. This is truly a regional shelter and a valley effort. The loss of the shelter is a huge loss for the community. They tried to find the most efficient way, at the least cost to everybody, to make this work. They are inviting Dublin to join in with the Section 108 loan. HUD is very flexible and good at working with the local jurisdictions to determine what works best for them. You can go 10 or 20 years and you can pay it back quicker if you want to. We can defer payments until next fiscal year. This is something they can talk to staff on. Mayor Lockhart felt they all have an interest in supporting the project. She asked which way is better for them? Ms. Prasher stated the value of Section 108 is you don't have to use CDBG funds to pay it back. They can work with us however we choose to participate. Patty Benavidez, Beverly Court, stated she was a resident of Dublin and wanted to show support for the shelter in Livermore. The families are from many areas and need the services this program provides. Many are the working poor. Homelessness is a regional program. Even though our CDBG allocation funds are less than our neighbors, there could be general funds available as well as CDBG funds from Dublin. We should make a commitment to provide for our vulnerable families. Lee Ann Fergerson, from the Office of Alameda County Supervisor Scott Haggerty urged consideration of funding for the rehabilitation in the amount of $145,000, the same as CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 34 the other cities are paying. A letter from Supervisor Nate Miley was read stating he supports Dublin joining with Alameda County, Livermore and Pleasanton in purchasing the former Family Crisis Shelter in the City of Livermore. He hoped that the City of Dublin would join as an equal partner. Cm. Zika stated the CDBG funds that Dublin receives are $87,000, compared to Pleasanton's $30~,,000 and Livermore's $4~98,000. Since we get less than 10% of the funds that come into the valley, we have opted to contribute 10% of our funds toward this. Ms. Fergerson replied that other cities have indicated if they didn't have this amount of CDBG funds they would find other monies. Michelle Winthrop from HUD stated families from the Tri~Valley go elsewhere to seek shelter. Is it fair to ask other areas to fund families from this area. They are not asking us for $147,000 from CDBG funds, but any funds available. The HUD loan is a way to amortize our $147,000 or we could take it from other pots of money. Maureen Behrend, San Ramon, stated their group has been working with the Tri~Valley Haven. She discussed the emergency meeting that took place and stated she was so impressed with the commitment and efficiency of everyone involved. This was really impressive. She respects the decisions that the Council will have to make. Ultimately, you have to take some kind of values leap and do what you can based on the facts you have. There are lots of mathematical ways to justify a decision. This takes the wisdom of Solomon, and she stated she will be praying for all. Mayor Loc~rt commented on the decision to participate. She stated she understands that every city has different pots of money, but there are strings attached to many. Seniors and the library were mentioned. The seniors have been very patient and it is their turn. While it is true that people from Dublin go elsewhere to seek shelter, people from other places seek housing here in our valley as well. The valley is doing its share. Livermore is exemplary in what they're doing. In using CDBG money, this is the appropriate funding source for a project such as this. The money we don't receive because of our size does come through the County. She is comfortable with Staff's recommendation. We are not shirking our duty. Through service clubs she has spent a great deal of time working on this program. This City Council has shown in the past that they are supportive of their efforts. Staff has come up with a good solution, even though it is difficult with 12 worthy groups. Cm. McCormick asked for consideration to perhaps enter the $5,437 as a minimum each year and to review it every year to possibly increase it if we can. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 35 The rest of the City Council concurred. Cm. Oravetz again emphasized that Livermore and Pleasanton get much more in their CDBG funds. We are doing the right thing. He stated he wants us to be part of the solution. Cm. McCormick stated she would like to give the Tri~Valley Haven their requested amount of $12,000 rather than just $8,000. In looking at the Senior Support Services, she stated she was surprised by the low number of calls from our City, and it appears they've only helped 9 seniors. They're getting $7,500. Ms. Abdala asked if they would reduce the senior support by the same amount? Cm. McCormick stated yes, this was her intention. Mayor Lockhart questioned what kind of documentation we receive regarding the senior support services. Ms. Abdala replied we get quarterly reports which indicate the types of service whether counseling or case management with home visits, etc. The last report was as of December. She is required to go out yearly and monitor the agencies. Cm. Zika asked about their criteria for basing their request. The Council determined that it would first vote on the Tri~Valley Crisis Homeless Shelter issue. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council agreed to make the first contribution payment of $5,427 and then this amount would be a minimum for future payments, so we could review it yearly and increase the amount. Mayor Lockhart discussed the Allied Housing scholarship programs. We are not recommending them for funding this year, but clarified that we gave them funds last year. Cm. Oravetz stated he was okay with the recommendations in the Staff Report as is. Cm. Zika stated he was also. Cm. McCormick stated she would like to give more to the Tri-Valley Haven. There is a $4,000 difference and it would cut the senior support program down to $3,000. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 36 Mr. Ambrose asked if the handicap sidewalk ramps could provide some of the funds. He asked Mr. Thompson if this could be possible. He stated he thought we might be able to get funding for this program from another source. The Council agreed to take the $4,000 for the Tri~Valley Haven Domestic Violence Shelter from the Sidewalk Ramps program, thereby reducing that funding to $2,782. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council agreed to fund the Tri~Valley Haven with their requested amount of $12,000 and to reduce the City Sidewalk Ramps program by $4,000. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council directed Staff to submit applications for $87,335 in CDBG funding for FY 2002-0:3 as discussed for the rest of the items. 9:18 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 9:30 p.m. with all Councilmembers present. REPLACEMENT OF SHANNON PARK EUCALYI:q'US TREES 9:30 p.m. 8.2 (210-30) Ms. Lichtenstein presented the Staff Report and advised that $20,000 is available in the FY 2001-02 Budget to replace eucalyptus trees along the west fence at Shannon Park. The trees have been inspected by an Arborist and found to be infected with a pest known as Red Gum Lerp Psyllid. City Staff suggests that the trees be replaced with a combination of Liquid Amber, California Laurel and Mulberry. Additionally, shrubs including Photinia, Fremontodendron and Gold Pfitzer Juniper are suggested for planting along the west fence. The concept behind the planting design is to install varieties that are fast~growing, can withstand the wind and have a reasonable life span. Before proceeding with the tree removal and replacement, Staff recommends that a neighborhood meeting be held with the residents adjacent to Shannon Park to review the tree replacement plan. Cm. McCormick asked if the arborist will be present at the neighborhood meeting. She would like to see more native trees such as maple and sycamore. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 37 Ms. Lichtenstein stated they chose trees based on the area. Cm. Oravetz stated he would like to have everyone on the street noticed. Cm. Zika asked if we could stretch it to notifying residents within 300'. Thanked Staff for the excellent recommendation. Additional native trees based on arborist recommendation. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the tree replacement plan and directed Staff to notify Shannon Park neighbors of the project. ST. PATRICK'S DAY PARADE FLOAT FOR CITY COUNCIL 9:35 p.m. 8.3 (950-40) Jason Behrmann stated in order to prepare for the St. Patrick's Day Parade this year, Staff needed direction from the Council with regard to the Council float entry. Options for consideration include: 1) antique cars; 2) golf carts; 3) City Council float; 4) walking; or 5) other. Staff requested that the Council consider the alternatives for the Council's float entry and provide appropriate direction to Staff. Cm. Zika stated he liked golf carts. Cm. McCormick stated she felt it would be really neat to have a float since this is our 20th year. Cm. Oravetz stated he would like to walk, but would support Cm. McCormick's idea. Mayor Lockhart asked about incorporating past citizens of the year on the float. Mr. Behrmann stated since this would be quite a few people, there could be an additional entry for citizens of the year. He advised that Staff will look at the different options. The Council concurred that a float is their preference. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 38 ARMSTRONG GARDEN CEN~R SPECIFIC PLAN AMENDMENT STUDY REQUEST 9:40 p.m. 8.4 (410~55) Planning Manager Jeri Ram presented the Staff Report and advised that Michael D. Kunce of Armstrong Garden Centers, representing John Nichandros, is requesting a Specific Plan Amendment Study for a 1.9~acre parcel located on San Ramon Road between Amador Valley Boulevard and Sleep EZ. The site is within Area 3 of the San Ramon Road Specific Plan Area. The proposal is to amend the permitted uses for Area 3 to allow a garden center use. Ms. Ram advised that the Applicant proposes to build a new retail garden center that would include indoor and outdoor garden materials. The current plan indicates that the 6,400 square foot garden center building set back on the parcel providing a gazebo and heavily landscaped area along San Ramon Road. Cm. Zika clarified that the Sleep EZ parcel is owned by someone else. Michael Kunce, President of Armstrong Garden Centers, stated they are a 113~year~old company and 100% owned by employees. The facilities were actually designed by focus groups. This is a very upscale garden center and gift shop. There is nothing comparable in Northern California that he could compare it to. It would be set back on the lot due to the earthquake fault. This is strictly a retail facility; no potting or growing. Their garden centers are heavily involved in their communities with beautifications, adopt a school programs, and they give a lot of garden talks and lectures. Cm. McCormick asked the location of the facility in the picture as part of the Staff Report. Mr. Kunce replied that one is in the City of Claremont and one is in Glendora on Route 66. They also have stores in Newport Beach, £ncinitas, and Carlsbad and propose putting them in Mill Valley, Novato, San Rafael and Walnut Creek. Cm. McCormick asked about the buildings being designed by focus groups. Would you do this here? Mr. Kunce responded initially they got focus groups in 3 different counties and this has been very well received and this is what they would like to stay with. They do make some cosmetic changes to fit the community. They are just in California and each store employs about a dozen people. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 39 Cm. Zika asked if Staff has any inkling about the Sleep EZ building and if there is anyone interested in combining the two parcels. Jeri Ram stated no. Mayor Lockhart stated she felt this project is delightful and something we don't have. A lot of people are interested in garden areas. With the preschool right behind it, this is a great use. This is a great improvement over the empty lot and she stated she felt it will bring people from all over the Valley. Cm. McCormick asked if the study will address the ingress and egress to the property. Ms. Ram stated as part of the SDR they would look at the access issues. Mayor Lockhart stated she likes this because it is a destination point. She stated she also likes the idea of maintaining the small business right next door. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 14- 02 APPROVING THE INITIATION OF A SPECIFIC PLAN AMENDMENT STUDY FOR ARMSTRONG GARDEN CENTERS FOR PROPERTY LOCATED AT 7360 SAN RAMON ROAD OPTIONS TO PROVIDE SOLID WASTE AND RECYCLING SERVICES FOR THE CITY 9:54 p.m. 8.5 (810~10/600~30) Administrative Analyst Jason Behrmann presented the Staff Report and advised that the current Franchise Agr~ment for solid waste and recycling services with Livermore- Dublin Disposal is set to expire June 30, 2003. The City Council has the option of extending the current Agreement up to 36 months or seeking competitive proposals for solid waste and recycling services. In determining whether to extend the current Franchise Agreement or solicit proposals, the Council may wish to evaluate the services currently provided by Livermore Dublin Disposal. Factors to be considered could include rates, customer satisfaction and programs and services. CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING February 5, 2002 PAGE 40 Mr. Behrmann advised that Dublin's current garbage rates are among the lowest in Alameda County. The City's solid waste and recycling programs are comparable to most jurisdictions in the County. LDD provides weekly residential curbside collection for both recycling and green waste, as well as 3 special clean~ups per year. LDD makes approximately 90,000 residential pickups every month and with an average monthly complaint level of 31 calls, the complaint ratio is approximately 3.4 calls per 10,000 pickups. Additionally, LDD has been responsive in dealing with problems and complaints as they arise. Certain other programs are provided by County jurisdictions that are not offered in the City of Dublin. These programs include commercial and residential food waste recycling, curbside used oil recycling and special events such as tire, electronics and appliance collections. Any or all of these programs could be included in a future franchise agreement, should the City choose to solicit proposals. Mr. Behrmann pointed out that according to the City's current Franchise Agreement, the City may direct changes to the existing service, including adding any or all of these potential programs. Regardless of whether the City directs LDD to make program changes or requests that they be included in any future proposal, the City will pay for the service either through higher rates and/or by using available Measure D funds. By seeking proposals, the cost associated with any new program could be lower due to competition. Mr. Behrmann stated if the Council elects to solicit proposals for solid waste and recycling services, Staff would include any new programs in its request for proposals. Regardless of how the City chooses to proceed, Staff recommended that the Council indicate its interest in enhancing the current level of service through the addition of new programs. Annette Borges talked about some of the things they have done over the last 4 or 5 years. They are pleased to report that Dublin has reached a 56% diversion rate. Accomplishments include: single stream recycling; lowest garbage rate in the area; and good customer service. Several of their drivers were present. Many live here in Dublin. Ms. Borges stated Sheila can probably find a float for the Council. They participate in Dublin events, including the parade, and they enjoy being here. The new programs would be commercial food waste program. Hacienda Crossings area is very full with restaurants. They currently do 6-day service out there now. The e-waste CITY COUNCIL MINUTES VOLUME 21 REGUI,/d~ MEETING February 5, 2002 PAGE 41 is another program they are looking at doing. Residential used motor oil program could be done here. Their green waste goes to the Altamont and by the 3ra quarter they should be doing composting. Education in the schools is also very important and they look forward to success in the classrooms. They look forward to many more years of solid waste service and requested an extension of the contract. Cm. Oravetz stated they talked a lot about e waste computer equipment on the committee of the League he serves on. He asked what people can do today. Ms. Borges said people can call them and they will pick it up and take it to Davis Street. People can take them and pay $15 now. Ideally we would have a central location. This would most likely be limited to residential on a small scale initially. They've done it in Napa. Cm. Zika thanked them for what they've done in Dublin; they have demonstrated what they can do. He stated he had a minor request related to hazardous waste. Could we have a day for those someplace once a year? Ms. Borges stated they could look at putting something together. This is a very expensive program. Mr. Behrmann stated there are some grant funding opportunities we can look at. Mayor Lockhart stated she would like to see a curbside oil pickup here. This would be a valuable service to residents. She reported that she received some phone calls today from 3 people who said they have great personal relationships with their garbage collector. Ms. Borges talked about focus cards used for customer service. They get a lot of cards from people who say how wonderful their service is. A 90% customer service satisfaction is one of the highest. Mayor Lockhart stated she felt Dublin is pretty happy with their service. Mr. Behrmann clarified the Council's options. On motion of Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council agreed to extend the contract 24 months and talk about adding recycling services in the meantime. In 24 months, Staff should negotiate just with LDD and look at household hazardous waste, e-waste, used oil, and food recycling programs. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 42 Judy Tarldoni, Dublin resident, stated she is extremely pleased with the service. The two men on their route are extremely professional and they don't want anybody else. Mel Luna stated he is more than pleased with Waste Management and would like to see them keep it. Joy Bailey stated she has lived in Dublin almost 37 years and can't remember when there wasn't a LDD service and has never ever heard a complaint about this company. She has never read anything negative about this service. Even if she had to pay a little more for service, she doesn't want any change. Nothing is broke, so don't fix it. Anna, an LDD Dispatcher thanked everyone for speaking so highly about the men. She appreciates all the comments. Courtesy pick-ups is what she hears over and over. Mr. Behrmann asked if the City still intends to pursue commercial food waste program. Mayor Lockhart stated she would like to hear the proposal on this, especially for Hacienda Crossings. We need to encourage some kind of a program. They should provide proposals on all the programs. Mr. Ambrose questioned the timing. Ms. Borges stated within a month they should have information to City Staff. Mr. Ambrose advised that Staff will look at and analyze the data. REPORT ON DUBLIN PRIDE WEEK ACTIVITIES AND ACCEPTANCE OF GIFrS TO THE CITY 10:19 p.m. 8.6 (150-80) Administrative Analyst Jason Behrmann presented the Staff Report and advised that Dublin Pride Week, scheduled for April 20~27, 2002, is an annual event which promotes a positive image in the community. The event includes activities such as a school poster contest, "Make a Difference in Dublin" projects and a Citywide special clean up. A committee comprised of representatives from City Staff, the City Council, Dublin Unified School District, Livermore~Dublin Disposal, and the Dublin Chamber of Commerce has met several times to develop, plan and implement the goals for Dublin Pride Week. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 43 It is estimated that the City will contribute $7,525; LDD will donate $3,025 for school giveaways; the Dublin Chamber of Commerce will donate $1,000 for banners; Target will donate $200 in gift certificates; and the Tri-Valley Herald will contribute a variety of advertising and promotional services valued at $8,600. The Christmas in April program was discussed. Standard Pacific had a very successful program last year and they will do it again this year. Cm. Zika questioned the size of the donated trees. Mr. Behrmann stated one is a 20-gallon and the other is SO-gallon. They are good-sized trees. We are working with MCE to determine where they can be planted. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted gifts from LDD, the Tri-Valley Herald, the Dublin Chamber of Commerce, and Target, and directed Staff to prepare formal acknowledgements to the donors. OTHER BUSINESS 10:25 p.m. Mr. Ambrose reminded the Council of the Tri-Valley City Council meeting tomorrow night, being hosted by the City of Livermore. Mr. Ambrose reminded everyone of the liaison committee meeting with Livermore on February 12th. Cm. McCormick acknowledged Staff's work on the City's 20tn anniversary kick-off event held on February 1 ~t at Shannon Center. Everyone had a good time. Thank you very much! Cm. Zika stated it was a fantastic party. Cm. Oravetz stated Linda Schmidt made a wonderful quilt that will be on display here at the Civic Center. Mayor Lockhart stated it was a wonderful evening. As she was recognizing people Friday night, she stated she inadvertently left out one segment of the City's wonderful staff ~ Kay Keck, Fawn Holman and Sandie Hart. Compliments to our entire staff for giving Dublin residents something to remember. CITY COUNCIL MINUTES VOLUME 2 I REGULAR MEETING February 5, 2002 PAGE 44 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:28 p.m. ATIZST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING February 5, 2002 PAGE 45