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HomeMy WebLinkAbout4.01 Draft Minutes08-21-2001REGULAR MEETING - August 21, 2001 A regular meeting of the Dublin City Council was held on Tuesday, August 21, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:58 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEE $.1 (700~10) Community Development Director Eddie Peabody introduced Susan Thomas, new Office Assistant II in the Planning Department. DEATH OF EARL ANTHONY 8:00 p.m. 3.2 (610~50) Mayor Houston requested that everyone observe a moment of silence in memory of Earl Anthony. Services one will be in San Ramon tomorrow at 10:30 a.m. We will very much miss him and give best wishes to his family. Dick Hopkins, Calle Verde Road, passed out pictures of mattresses behind the Fishery Restaurant site. Two weeks ago, he spoke at the Council meeting and stated he left with the impression that the City Manager would enact something to clean up the mess. The pictures were taken this afternoon. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 369 Mr. Ambrose stated we have contacted the properly owner and they have indicated a willingness to clean the property up. A new tenant will be bringing in a new restaurant on the site. We cannot order immediate clean up but rather have to go through due process required by the City's Property Maintenance Ordinance. We have been put on notice and have acted on it and the process has begun. Mr. Hopkins talked about a letter written to the Mayor in March related to graffiti near Nielsen School. Mr. Ambrose stated this has been painted out. He was by there this morning. With regard to the hotline phone number, he advised that this list is only published once a year. This will be corrected. The number has also been added to the City's Website. 8:03 p.m. Mark Breazeal, Southwick Drive, spoke about Item 10.5 and asked if this will be a closed session. He asked about the City's contract with a law firm, about the position of City Attorney, if we have a contract City Auditor, and about the performance review procedures and timing for the City Attorney and the City Manager. Mayor Houston confirmed that Items 10.1 through 10.6 were all closed session items. He clarified that the City contracts with a firm for legal services, and that Dublin has a City Attorney. Typically the Council reviews the contract annually. He also confirmed that the City provides auditing services by contract. Mr. Breazeal asked if citizens ever have comment on this? Mayor Houston stated the public can comment, just as he was currently doing. Mr. Breazeal stated he mainly wanted to discuss organizational behavior. 8:11 p.m. Dave Haubert, Redwood Avenue, announced that he is Chairman of the Site Council for Dougherty Elementary School. The school scores came out recently and Dougherty School has shown great improvement. Principal Diane Griffiths has done a great job. Congratulations are in order. CONSENT CALENDAR 8:12 p.m. Items 4.1 through 4.22 Cm. Zika pulled Items 4.11 and 4.18. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 370 Cm. McCormick pulled Item 4.9. Vice Mayor Lockhart pulled Items 4.2, 4.3, 4.9 and 4.15. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Special Meetings of July 24 and August 7, 2001; Authorized (4.4 600-35) Staff to advertise Contract 01~11 (City Facilities Lighting Retrofit - Civic Center, Shannon Center and Fire Station) for bids; Authorized (4.5 600-40) the Mayor to execute a License Agreement with the Alameda County Transportation Authority (ACTA) for use of City-owned property at Broder Boulevard and Madigan Drive; Approved (4.6 600-30) and authorized the Mayor to sign a Consultant Services Agreement with Noll & Tam Architects ($32,000) for Senior Center Feasibility Study; Authorized (4.7 660-40) the Mayor to execute a letter expressing the City's support for SB 1069, Plastic Recycling; Adopted (4.8 600-35) RESOLUTION NO. t49- 01 AWARDING CONTRACT 01-05 SHANNON COMMUNITY CENTER HVAC SYSTEMS TO BREEZE AIR SYSTEMS, INC. ($49,000) Adopted (4.10 600- 30) RESOLUTION NO. 150- 01 APPROVING AMENDMENT TO AGREEMENT WITH ZUMWALT ENGINEERING GROUP and authorized the Mayor to execute the amendment to the Agreement; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 371 Adopted (4.12 670-40) RESOLUTION NO. 151 - 01 SUMMARILY VACATING PORTIONS OF PUBLIC SERVICE EASEMENT ENCUMBERING LOTS t4, 15, 38, 39, 45, 58, 59 AND 69 OF TRACT 6957 (STREETS AND HIGHWAYS CODE CHAPTER 4) Adopted (4.13 670-40) RESOLUTION NO. 152 - 01 SUMMARILY VACATING PORTIONS OF PUBLIC SERVICE EASEMENT ENCUMBERING LOTS 3, 4, 37, 44, 46, 56, 67, 77, 79 AND 86 OF TRACT 6958 (STREETS AND HIGHWAYS CODE CHAPTER 4) Adopted (4.14 670-40) RESOLUTION NO. 153- 01 SUMMARILY VACATING PORTIONS OF PUBLIC SERVICE EASEMENT ENCUMBERING LOTS 9, 10 AND 47 OF TRACT 6959 (STREETS AND HIGHWAYS CODE CHAPTER 4) Confirmed (4.16 110-30) a change in Council appointments to LAVTA and directed Staff to notify LAVTA; Adopted (4.17 600-60) and RESOLUTION NO. 154- 01 APPROVING FINAL MAP FOR TRACT 7181 (SCARLETT HOMES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) RESOLUTION NO. 155- 01 ACCEPTANCE OF PARKLAND DEDICATION IN-LIEU FEES FOR TRACT 7181 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 372 Adopted (4.19 610-20) RESOLUTION NO. 156- 01 ESTABLISHING RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL (REPLACING RESOLUTION NO. 93-96) Adopted (4.20 600-30) RESOLUTION NO. 157- 01 APPROVING THE LETTER OF AGREEMENT WITH THE OAKLAND MUSEUM OF CALIFORNIA FOR THE PRODUCTION AND DISTRIBUTION OF A CREEK AND WATERSHED MAP FOR DUBLIN, PLEASANTON AND VICINITY Adopted (4.ZI and and 7oo~zo) RESOLUTION NO. 158- 01 AMENDING THE CLASSIFICATION PLAN (ASSISTANT CITY MANAGER) RESOLUTION NO. 159- 01 AMENDING THE SALARY PLAN (ASSISTANT CITY MANAGER) RESOLUTION NO. 160- 01 AMENDING THE BENEFIT PLAN (ASSISTANT CITY MANAGER) Approved (4.22 300~40) the Warrant Register in the amount of $2,608,238.31. Vice Mayor Lockhart pulled Item 4.2 and stated this is money we were counting on for renovation of the sports grounds. Does this also qualify for open space? CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 373 Ms. Lowart stated she did not believe it does. It is for active activities. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.2 920~90) RESOLUTION NO. 161 -01 APPROVING THE APPLICATION TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 and RESOLUTION NO. 162- 01 APPROVING THE APPLICATION TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 Vice Mayor Lockhart pulled Item 4.3 regarding the Bus Shelter Art Project and requested that it be agendized in the future so that more information can be provided. She stated she was concerned about the figures and would like more information on the direction we are going on bus shelters. Cm. McCormick agreed that she would like more time to discuss this. The item was pulled. (4.3 600-30/110-30) Consultant Services Agreement for Bus Shelter Art Project with Lynne Baer; and formation of an Art Selection Committee. Cm. McCormick pulled Item 4.9 and commented what she reads is Ted Fairfield Park is being held up by DSRSD. Ms. Lichtenstein clarified it is the plasterer's union that was on the Pump Station building project. Until they remobilized, we could not complete the area where DSRSD is putting in a recycled water pump station and park restroom building. Cm. McCormick stated she felt this should have been mentioned instead of saying DSRSD held us up. CITY COUNCIL MINU~S VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 374 Mayor Houston asked when we will have our grand opening. Ms. Lichtenstein stated we hope to have plasterer out by the first week in September and then schedule the grand opening possibly for mid to late October Ms. Lowart advised that there will be an agenda item regarding the dedication on the agenda for the next City Council meeting. On motion of Mayor Houston, seconded by Cm. Oravetz, and by unanimous vote, the Council approved (4.9 600-60) an Amendment No. 1 to Improvement Developer Agreement for Ted Fairfield Park with MSSH Dublin Development, LLC Cm. Zika pulled Item 4.11 regarding the Street Overlay Project. He noted that the bid came in considerably below budget. He asked if this includes fixing the median on Village Parkway for a left turn only. Staff clarified this is for phase one. Kevin Van Katwyk stated it does not include the Village Parkway work; we have a separate CIP for that project. Cm. Zika asked if this will be done before school opens7 Mr. Ambrose stated he had the same concerns. The problem is the grant funding we get often delay these projects. We have to comply with their requirements and schedule. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted (4.11 600-35) RESOLUTION NO. t63- 0i AWARDING CONTRACT 01-09 2000-01 ANNUAL OVERLAY PROJECT TO McGUlRE & HESTER ($i,065,755.54) Vice Mayor Lockhart pulled Item 4.15 related to recycling grants and complimented Mr. Behrmann on the report. Since the school year is just about to begin, she stated she wanted to explain to the community about the programs and requested that Mr. Behrmann briefly go through the various programs. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 375 Mr. Behrmann discussed the various grants available and advised of a website, www. stopwaste.org that people can reference. They can also call Roberta Rankin or Claudia Torian at (510) 614-6109 or contact City Staff. Vice Mayor Lockhart stated they also have poster contests and give away a lot of money. Cm. McCormick asked when the food waste reduction program is to get started. Mr. Behrmann stated WMI is currently trying to coordinate something with Livermore and maybe sometime in the fall we may have some kind of a pilot project going. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council received (4.15 810~60) a Report related to Recycling Grants. Cm. Zika pulled Item 4.18 regarding the housing fee study and questioned how we define major employers in Dublin. It is usually those with hundreds of employees. He felt we should go down to employers who have 20 or 25 employees. These employees would have a greater need. He would like to see the definition of major employers set at 20 to 25 employees. Mayor Houston suggested they include employers of that size in order to get an accurate sampling. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the council adopted (4.18 600-30) RESOLUTION NO. 164 - 01 AWARDING A CONSULTANT CONTRACT TO COTTONIBRIDGESIASSOClATES FOR PREPARATION OF A NON-RESIDENTIAL AFFORDABLE HOUSING FEE STUDY AGREEMENT WITH EDEN COUNCIL FOR HOPE AND OPPORTUNITY (ECHO HOUSING) AND ALLIED HOUSING~ INC. FOR USE OF CITY IN-LIEU FUNDS FOR RENTAL ASSISTANCE PROGRAMS FOR HSCAL YEAR 2001 8:30 p.m. 5.1 (600~30) Senior Planner Carol Cirelli presented the Staff Report and advised that consideration of this item involves entering into agreements with ECHO Housing and Allied Housing, Inc., for the use of housing in-lieu funds for FY 2001-02. The funds will be used for implementing and administering rental assistance programs in Dublin. In-lieu housing funds for this project have been approved under the FY 2001 ~02 Community Development Department budget. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 376 Ms. Cirelli advised that Marjorie Rocha with ECHO Housing was present to answer any questions. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 165- 01 APPROVING CONTRACTS WITH ECHO HOUSING ($20,000) AND ALLIED HOUSING, INC., ($36,000) FOR USE OF IN-LIEU FUNDS FOR FISCAL YEAR 2001-02 and authorized the City Manager to execute the agreements PUBLIC HEARING g001 LOCAL LAW ENFORCEMENT BLOCK GRANT 8:32 p.m. 6.1 (580-40) Mayor Houston opened the public hearing. Administrative Analyst Amy Cunningham presented the Staff Report and advised that the Local Law Enforcement Block Grant requires that a public hearing be held regarding recommendations for the expenditure of grant funds. DPS Staff and the Block Grant Community Advisory Board have met and are recommending that the $20,195 funding be used to partially offset the salary of a crime trends bicycle officer. Cm. McCormick questioned if the crime trends officer is a whole new thing? Captain Thuman explained in more detail how this position will be utilized. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 166- 01 APPROVAL OF APPROPRIATION FOR 2001 BLOCK GRANT FUNDS (DUBLIN POLICE SERVICES) CITY COUNCIL MINU~S VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 377 PUBLIC HEARING TASSAJARA CREEK PHASE II DEVELOPMENT AGREEMENT (GREENBRIAR PROPERTY RF~IDENTIAL DEVELOPMENT) PA 00-056 8:$6 p.m. 6.2 (600~60) Mayor Houston opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that this Ordinance would approve a DA between the City of Dublin and GHC Investments, LLC for Greenbriar Homes Communities, Inc. The project consists of an approximate 8-acre site divided into 46 single~family residential lots on 5.66 acres; 1.4 acres of creek corridor open space (parcel D); and .9 acres of creek corridor open space (parcel E). Tim Quinn with Greenbriar Homes Communities thanked City Staff for all their help. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and continued the public hearing to the September 4th City Council meeting. HERITAGE AND CULTURAL ARTS LONG-RANGE PLAN 8:40 p.m. 8.1 (910-80) Recreation Supervisor Bonnie Leonard presented the Staff Report and advised that the Heritage & Cultural Arts Commission recommends approval of the Heritage and Cultural Arts Long~Range Plan. The Plan is a result of a yearlong process and reflects recurrent themes that manifested themselves throughout the information-gathering phase of the process. The goals are: 1. Create more art in the public spaces in Dublin. 2. Develop programs and partnerships to support a broad spectrum of cultural arts and historical interests within the community. 3. Advance the historical and cultural aspects of the Dublin Heritage Center. 4. Provide consistent and ongoing arts education, activities and programs for the youth of Dublin. 5. Promote and market Dublin's heritage and cultural arts. Ms. Leonard advised that the FY 2001-02 Budget includes funding to begin implementation of the plan and also includes funding for additional consultant services. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 378 To assure that the Plan document does not become static and obsolete, the Heritage and Cultural Arts Long~Range Plan will be reviewed on an annual basis, prior to the City's G&O setting process. Vice Mayor Lockhart commented on the arts projects that she did not see Dolan Park listed anywhere and questioned this. Ms. Leonard advised that the projects listed were the ones identified for this year. Cm. McCormick clarified that it was on the list, but with development to the east, it got bumped. Vice Mayor Lockhart stated she just wanted to make sure that at some point in the future it is still on the radar screen. Vice Mayor Lockhart stated on page 5 of 1 $, paragraph 5) states, "Provide opportunities for temporary displays of public art. b. Encourage cooperative efforts with Dublin Schools, Dublin Library, Dublin Fine Arts Foundation, DPIE and other interested parties to create and display temporary exhibitions of public art." She stated she would like to see us add "business community" as a partner. Vice Mayor Lockhart stated on page 9 of 1 $, she would like to see our Dublin Pride Week poster contest added to the list as #12. Cm. McCormick stated on page 5 she would like to see as a goal under the top of page b) that for future city parks, we include an art consultant. She asked if this should be made as a goal for all construction. Ms. Leonard stated this could be addressed in the public arts master plan. Mayor Houston stated he felt we have been doing quite nicely working with this through our Planning Department. He stated he would not like to have this included. Cm. McCormick stated she mentioned this as a result of the trip to Tucson. They put this in right up front. It works well, at the staff level. Mr. Ambrose stated as things occur in an area, we could bring on an art consultant. Vice Mayor Lockhart stated she felt as long as it is in the master plan this would be okay. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 379 Cm. McCormick stated on page 6 she wanted to add "put emphasis on either performance art or gallery art or sculpture art that focuses on diversity and brings this into the mix". She stated she also had the Dublin Pride Week poster contest issue noted. She stated she felt this is a fine ambitious document. Cm. Oravetz stated he read the Long Range Plan and wanted to let the Commission know their work is appreciated. Cm. Zika stated they did an excellent job. and t~shirt? He questioned that they want their own logo Ms. Leonard clarified that it was not for the Commission, but for the heritage and cultural arts. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council approved the Long-Range Heritage and CUltural Arts Plan. PRODUCTION OF ZOOZ ST. PATRICK'S DAY FESTIVAL 8:55 p.m. 8.2 (950~40) Recreation Supervisor Paul McCreary presented the Staff Report and advised that Bright Moments Even Production, which has produced the past 3 St. Patrick's Day Festivals, has ceased operations. It is proposed that the 2002 Festival be produced in-house using a combination of Staff and specialty contractors. Staff did an initial analysis of the cost of producing the Festival in~house versus contracting with a production company and found the costs would be roughly the same. Mayor Houston asked about music and how we would provide music. Mr. McCreary explained the process we would use. Cm. Zika commented Staff ends up doing most of the work anyway, so they should get credit for it. He stated he felt they will do a good job, based on what they've done so far with Day on the Glen. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the concept of producing the St. Patrick's Day Festival in~house and directed Staff to prepare an event plan and budget for the Council's approval. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 38O CONSIDERATION OF ENERGY FEASIBILITY STUDY 9:00 p.m. 8.8 (1020-40) Economic Development Director Chris Foss presented the Staff Report and advised that Mayor Houston requested at the last City Council meeting that Staff agendize an Energy Feasibility Study for Council consideration. After discussing the Staff Report, Mr. Foss stated Staff was requesting that the Council: 1. Review the issues and provide direction regarding the following: A. Is the City Council interested in exploring the financial and logistical issues associated with a range of opportunities in the provision of municipal energy services? B. If so, is the City Council specifically interested in evaluating the potential/ desirability of soliciting proposals to locate a 49.5 MW generation facility in Dublin or elsewhere to meet the City's current and future energy needs? C. Are there any other energy-related issues the City Council would be interested in exploring? 2. If the City Council is interested in A B or C, authorize Staff to prepare an RFP to hire an independent energy consultant to assist City Staff in developing an RFP to evaluate the financial and logistical issues associated with those options. 3. Appoint a City Council Committee to assist Staff in interviewing consultants. Mr. Foss advised that costs are dependent upon City Council direction and are yet to be determined. Also, if the City Council directs Staff to move forward in this area, it must be with a realization of the required Staff time. This project may affect Staffs ability to complete some of the high priority projects approved as part of the Goals & Objectives, depending upon the extent of the Council's interest in exploring and pursuing the City's energy options. Vice Mayor Lockhart questioned if there were any other issues the City Council is interested in exploring. She also asked about the difference between a municipal utility district and a public/private facility. With regard to the transmission line upgrade for the valley, if we had a plant in our City, how would the upgrade be affected7 Energy consortiums deal with this type of a plant and also solar and wind power. She CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 381 questioned if we could we ask consultants if they have background or information on how efficiencies would work combining these types of energy. Cm. McCormick asked if it is possible to partner with DSRSD for RO water. Cm. Oravetz stated he is all for this proposal. This would be a chance for Dublin to become self~sufficient. Cm. Zika stated he likes the idea of having an independent consultant do an analysis. We need somebody independent to take a look at all the issues. He pointed out that we were lead to believe that San Ramon is a little further in the process than they actually are. Mr. Foss talked about issues that came out of the meeting last Friday. There are hundreds of issues we will have to work through. A consultant can sort through some of the conflicting information we've received. Mayor Houston referenced the letter in the packet from Sybase. It is important for businesses as we grow to make sure we can offer power and energy the same as we offer water and sewer. This will be part of the infrastructure package. He stated he is very much in favor of this. He and Vice Mayor Lockhart had an opportunity to visit a power plant. They are small, they are clean, they are quiet and quite different than what you think a power plant might look like. Twenty-five percent of the citizens in California are currently served by municipal power. Palo Alto, Santa Clara and Alameda currently provide municipal power. They are Northern California Power Association members and they are looking for new members. He thanked the Tri~Valley Business Council who started the process of studying this problem. They have been a good source of information for the cities, but it is now up to the cities to take it to the next level. Tuesday, September 4ta will be the next meeting of the TVBC over at DSRSD. Mr. Foss advised that San gamon will be putting a feasibility study on their agenda for consideration. Vice Mayor Lockhart stated we have an opportunity to get good feedback from Santa Rita who just put in a huge solar roof. Mayor Houston and Cm. Oravetz volunteered to be on the committee. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council agreed to proceed with RFP and appointed Mayor Houston and Cm. Oravetz to the City Council subcommittee to assist in the interviewing. Mr. Ambrose clarified that the RFP would address the items identified. CITY COUNCIl, MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 382 OTHER BUSINESS 9:16 p.m. Mr. Ambrose reported that nomination forms will be going out this week for Citizen and Organization of the Year. The winners will be announced at the Volunteer Recognition Event being held on Friday, October 5, 2001. Mr. Ambrose advised that the Tri~Valley Council meeting date has been changed to September 27th. The time is not yet set. Pleasanton is looking for agenda items. Cm. Zika reported that Godzilla reared his ugly head this weekend. The large balloon did not come down until Monday morning. Apparently, new management of the dealership was not aware that it had to be tethered to the ground rather than to the roof. Cm. Oravetz advised that at the East Bay Division meeting, they discussed NFPA and the League is absolutely 100% against this. He stated he would supply comments to everyone. Cm. Oravetz stated a citizen called him regarding a BMX park in Dublin and they would like to work with Parks & Community Services Director Diane Lowart's group the same way we set up the skateboard park. He asked if Ms. Lowart could contact this citizen. Mr. Ambrose stated the City Council gave Staff direction on this issue several months ago. We can't do this until we have the immunity and the second thing is to design it into future parks. We have a dog park to deal with first. Cm. Oravetz stated he would take a different approach. We should take a look at their plight. He stated he will keep making this an issue until we get it through. Vice Mayor Lockhart stated we need to make sure we get immunity first. Maybe the volunteer group should work on this aspect. Ms. Silver pointed out this item was not agendized, so it was not appropriate for the Council to be discussing it. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 383 Mayor Houston suggested Cm. Oravetz call Ms. Lowart and this person and lay out the issues. Cm. Oravetz stated he will do this. Vice Mayor Lockhart advised that the ABAG Fall General Assembly will be held on October 18th. The main topic will be energy and public policy. She stated she and Cm. McCormick will attend. Vice Mayor Lockhart brought up the subject of parking in front of the Post Office. Comments came from a business owner in the area. The problem is Post Office employees are parking in front, and it doesn't serve the community. People am having a terrible time pulling out into the lane of traffic. Can we take a look at this issue and see whether or not we should make it a 15~minute parking area for those three spaces for the sake of people trying to get out of the area. Mayor Houston suggested maybe they could talk to the Postmaster. Vice Mayor Lockhart stated she had someone on Amador Valley Boulevard ask if them is any way for street lights to be on a free flow set up. In trying to get out from Starward Drive onto Amador Valley Boulevard, there is never a break in the traffic because the lights am not timed together. Can we time the ones at Donohue and at Regional to give people an opportunity to get out of them. Kevin Van Katwyk stated they am looking at the timing all along there to get the traffic through and to have good movement in the area. He stated it is a problem, and they am watching it very closely. They have some mitigation measures of future development to help clear that out. CLOSED SESSION At 9:30 p.m., the Council recessed to Closed Session: 10.1 EXISTING LITIGATION ~ Government Code Section 54956.9(a) ~ Name of Case: Public Utilities Commission Application 99~11~025 (PG&E Application for Tri~Valley 2002 Capacity Increase Project) CITY COUNCIL MINU'rtB VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 384 10.2 10.3 10.4 10.5 10.6 ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (ONE potential case) ~ Facts and circumstances: Receipt of Claims dated July 14, August 30, and October 26, 2000 from Goodland Landscape Construction, Inc., related to Emerald Glen Park, Phase I EXISTING LITIGATION - Government Code Section 54956.9(a) - Name of Case: City of Dublin v. Dublin Land Company, Alameda Superior Court No. V-018100~2 ANTICIPATED LITIGATION - Government Code Section 54956.9(b) (1) ~ Facts and circumstances: Government Code Section 54956.9(b)(3)(B) ~ East Dublin Properties Stage 1 Development Plan, Annexation and Draft Supplemental Environmental Impact Report ~ (ONE potential case) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government Code Section 549477 Title: City Attorney CONFERENCE WlTH LABOR NEGOTIATOR (Government Code Section 54957.6) ~ City Negotiators: Mayor Houston and Cm. McCormick ~ Unrepresented Employee: City Manager REPORT ON CLOSED SESSION ACTION No reportable action. ADJOURNMENT 11.I There being no further business to come before the Council, the meeting was adjourned at 10:45 p.m. ATTEST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21,200t PAGE 385