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HomeMy WebLinkAbout08-21-2001 Adopted CC Minutes Sp Mtg SPECIAL MEETING - Auaust 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 6:06 p.m., by Mayor Houston. .... ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. . PLEDGE or ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. .. Mayor Houston advised that this special meeting was called for the purpose of the Council conducting a study session related to the Donlon Way Area and to provide Staff direction on issues including possible design considerations, appropriate land uses, and possible view corridors into the historical sites from Dublin Boulevard and Donlon Way, including the Dublin Square property. Associate Planner Andy Byde presented the Staff Report, including Background Information, Heritage & Cultural Arts Commission Comments, Analysis, Historical Perspective, Appropriate Land Uses, Uses Allowed and Not Allowed within the C-1 Zoning District, View Corridors, Design Considerations, and Specific Plan Process. Several slides of the area were shown. Mr. Byde advised that Staff was seeking direction from the Council in the area of: Appropriate Land Uses and Design Considerations. 1. Appropriate Land Uses: Staff requests that the City Council provide direction as to the desired land use within the Donlon Way area, including the Dublin Square property. The Council should decide whether an office type development is appropriate on the Dublin Square property, and if so, provide direction on the following related items: CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21, 2001 PAGE 360 a. View Corridors: Staff requests that the City Council provide direction as to whether the City Council would desire view corridors through the Dublin Square property and, if so, the extent of the view corridors. b. Design Considerations: Staff requests that the City Council provide direction as to what would be considered an appropriate design theme for the Dublin Square property. 2. Alternatively, if it is the consensus of the City Council that an office use is not appropriate under any conditions, provide Staff with the desired alternative land uses. Also provide direction on: a. View Corridors: Staff requests that the City Council provide direction as to whether the City Council would desire view corridors through the Dublin Square property and, if so, the extent of the view corridors. b. Design Considerations: Staff requests that the City Council provide Staff with direction as to what would be considered an appropriate design theme for the Dublin Square property. 3. Alternatively, in the event that a consensus direction is not possible on key elements of this discussion, provide Staff with direction as to whether the preparation of a Specific Plan for the area is desired. Cm. Oravetz asked how we learned we had Indian remains on this site. Mr. Byde responded the concern was raised because of the location of the cemetery. There are state laws and policies that deal with this, if in fact, this is the case. rollowing Council discussion, it was reported that Marie Cronin raised the concern. Mayor Houston referenced letters received from Tom McCormick and from Steve Lockhart, President of DHPA. He stated he would like input to revolve around what people want to see in this area. Morgan King stated he felt it is unlikely anyone from the community will come forward and say they want an office building there. They would like to see something that adds a little more to the community. This corner is an asset to the City, which should be emphasized rather than harmed. What will we regret most as the years go by? One of the things lacking in western end of Dublin is pedestrian life. He would like to see this encouraged; something that encourages citizens to go there and walk around there. It should be somehow historically related. It is a question of looking at the community's assets and asking what we have lost over the years from not being alert enough. Some CITY COUNCIL MINUTESVOLUME 20 SPECIAL MEETING August 21,2001 PAGE 361 , are concerned about the look of shopping centers in west Dublin. PETCO is a cinderblock building and not very welcoming as an entrance to our community. Scott Huntsman, Brittany Drive, stated the Plumbery has been discussed and many feel it is quite an eyesore. The best solution to the area would be to put in a destination spot. Small retail shops would be an example. He stated his Grandmother visits him occasionally, and every time she comes up, they head out of Dublin. There's no place here where they can walk around. This could be linked to the historic area. Tom McCormick, 7170 Emerald Avenue, discussed the letter submitted. He pointed out that the Dougherty Hotel was left off the reference. Dublin doesn't have a cozy little theme that will draw people in off the highway. A B&B would be good there because of its proximity to the Church. He talked about a B&B up in Colfax that is a main draw into their historic district. Developing the area with an historical design aspect would greatly help revitalize the older part of Dublin. It is a pretty gateway segment. DHPA many years ago worked with developers of the Heritage Office Park and with Gus Nichandros on the Green Store Restaurant. We don't need more office space in an area that is dying to be revived. Paul Moffatt talked about the two hotels and stated these are significant structures. He used to have a store in this area, Drug City, right next to Romleys. This should stay a commercial area. The City could be partners with the landowner to lower costs to build the types of buildings that should be built. The character for a long time has been small businesses. Small businesses are the backbone of the United States. He recommended that we maintain this as a commercial area and if a design motif is expensive that the city work with the developer to develop that concept and help them along. With regard to the concept of opening it up to the cemetery, a quiet area, he stated he felt it should be kept secluded and an area of quiet dignity. Karen Nealon stated she lives on Kingston Place, which backs up to the office buildings on Dublin Square. She initially felt, not another office building. She urged the City Council to agree that another office building is not appropriate for this site. Put in something the community can use and wants. She listed many possible uses. Create a place where west side neighbors can walk to. Steve Lockhart, Oxford Circle, stated there are so many things we can do here. Let's rebuild the old Dublin Hotel and put little shops inside. We have a golden opportunity and once it is lost, it's gone. Steve McMoyler discussed the old versus new concept; the west side of town is not glossy high tech. We have an opportunity to emphasize the quaint aspects of Dublin. The CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21,2001 PAGE 362 historical flavor and Dublin could really benefit from this. This would not necessarily be at commercial expense. We're looking for character here in Dublin. The 'stroll ability' issue is great. He would like to see more historical aspects and as many artifacts! photos as can be preserved. Tim Sbranti, North Lake Drive, stated he concurred and the overriding theme should be a place that brings people together. It could become a destination that brings people from all over together. Ron Satterwaite, Donohue Drive, stated he has lived here since 1967. The Dublin Corral was there for a long time and he would like to see us rebuild something like this and a barber shop and beauty shop and this would be a draw for the area. He stated he likes the historical theme. Judy Lussie, Chair of the H&CA Commission stated she wished to make a correction in the Staff Report. Although the H&CA Commission did not come forth with a formal recommendation, they did come to consensus that they wanted a park like atmosphere. They wanted the City to purchase the property and she stated they did not have the information regarding the Indian remains possibly buried there. They did want a park like atmosphere with some space where we could use as a resource center for studying the history of Dublin. They don't want flat parking lots or a 3-story office building. Mike Mikulich, representing the Applicant stated they met with Steve Lockhart and their architect and he was surprised and disappointed at Steve's comments about their office building tonight. They also attended the August 9th Commission meeting and gave input into the discussion. He stated he came away feeling encouraged. There seems to be one or two overriding points of interest - view corridors and heritage area, or calling it a resource center or museum or whatever that would call to mind the past of Dublin and what was on the site previous to it being demolished. They proposed a view corridor and advised that the architect would show some views. He mentioned the thought that modern architecture can work hand in hand with historic and the past can be incorporated with the future. He stated he doesn't agree that we duplicate Pleasanton's or Danville's main streets. Attracting retail tenants to this location is difficult, if not impossible. A B&B would be difficult to pull off because of location and current infrastructure. They do not have historic structures on their property. He stated he was surprised to hear for the first time tonight about Indian remains and advised that they will follow state law. This property is properly zoned for office, and is not zoned for park or residential uses. He is sympathetic with a lot of the comments expressed tonight. Unless someone can show him how economically this will pencil out, they don't think it's possible. They would like a fair hearing about the office concept. A lot depends on the CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21, 2001 PAGE 363 economy. Dublin had an opportunity to create a main street in eastern Dublin. They feel they are being put upon to bear the burden of some of the current opinions. Mayor Houston stated east of Tassajara Road we have a town center concept project, so this will be happening. Architect Brendan Koon showed slides indicating what they call a meandering path on Donlon Way from Dublin Boulevard extending down toward the Church, as well as drawings of landscaping that may be possible. They support a view corridor and an office building would not impend this. They could also consider donating land for a museum or somewhere that people could pick up materials, etc. The office building would be pushed west and would open up views. Mr. Koon commented on the Village Parkway guidelines mentioned by Mr. Byde. These guidelines mayor may not be appropriate for this site. He spoke of challenges they had in designing a building for this site. There is no precedent existing for typology such as roof forms, etc. Cm. McCormick questioned if this is the same design office building that was brought before them which was rejected. Mr. Mikulich stated they discussed the fact that a couple of Councilmembers did not like to see an office building on the site. Cm. McCormick stated she thought she was clear that she did not like that office building. Cm. Zika stated he was the one that did not want an office building there. At 7:12 p.m., Mayor Houston stated he felt they will need to schedule another meeting on this. There isn't enough time this evening. Vice Mayor Lockhart commented she does not believe that retail has died on the west side of Dublin, but rather what has died is that shopping center. We need to think outside of a 3-story box being dropped in a parking lot. This is not what the community wants and it will not make a difference in Dublin. This represents our history. It could be developed with a theme that the community could enjoy. She stated she was sorry to see they feel it is a burden. She felt we will need a Specific Plan and we should cross all our t's and dot all our i's. Let's go into this doing something completely and doing it well. We don't want to regret this in the future. CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21, 2001 PAGE 364 Cm. Zika stated he agreed with Vice Mayor Lockhart and likes the walkway idea and the view corridor. We have proposed office all the way down Dublin Boulevard and we don't need more office space there. We need small retail. We need small apartments for seniors who no longer need the 4 and 5 bedroom house. We need to do this right or we've lost it. He stated he was willing to spend the time and look at mixed use. Cm. McCormick stated she agreed with Cm. Zika and Vice Mayor Lockhart. As someone who has belonged to DHP A for many years, she advised that this center has been the topic of conversation for many years. It is suffering from benign neglect. This is our opportunity to make something really wonderful of it for the people of Dublin. A Specific Plan study is really the only way to go to do it right. Cm. Oravetz discussed a situation at work where he lost a good employee. He said we need to make lemonade of this. He asked them to come back amd look at a study to see if commercial would fly there. He stated he was willing to wait for the next session to continue discussion of this. Mayor Houston requested that they ask Safeway if this is a viable site for retail. They will learn that it is an inferior site for retail. He liked the idea of a performing arts theater or a park, but these would require the City to own the property and this mayor may not be possible. He was concerned about the cemetery, regardless of what we do. When you talk about opening things up, how appropriate is this with the cemetery there. A small hotel with boutiques could possibly be an option. This is no longer the crossroads, but we can still try to protect and enhance the area. Something may indeed not happen. We may end up with a nice Specific Plan that could sit on the shelf. We may be buying what's there for the next 20 years. He stated he thought there would be a little more understanding of each other's problems on the part of the applicant and the DHPA. Nothing has been accomplished in the last month. Mr. Mikulich spoke from the audience and stated he disagreed. He and Steve Lockhart had a meeting of the minds on several of the issues. They've spent a lot of time on this. There's no question that the property is tired. They do not consider this a burden; but rather an opportunity. They've considered alternate uses, but they all have problems. There is good and bad with every possible scenario. They felt office use is good, because this is the way it is zoned. Things have changed a lot in the last 9-10 months. Vice Mayor Lockhart referenced a letter she received from Diana Donlon Caldwell. Tom Donlon was a distant cousin of hers. She and her brother were out of town and unable to attend this meeting. CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21, 2001 PAGE 365 Mayor Houston reiterated they don't have to do anything with this property. This is not an opportunity to just have anything we want. Cm. McCormick stated she wouldn't mind a coat of paint if this is all they offer. Cm. Oravetz stated he is not ready to give up on this. Cm. Zika stated he is not willing to vote to spend $50,000, plus hours and hours of Staff time and bump something else off the priority list at this time. He doesn't want a big office building there. He stated he had hoped something could be worked out. Mayor Houston asked about the boundaries of a historic district. Will it encompass Hexcel or what is the boundary? Cm. Zika stated he felt there are some things we don't know yet. We would have to look at the impacts and we really don't know the limitations parameters it sets if we designate a historic district. Vice Mayor Lockhart stated she is very anxious to move forward but realizes we have a lot of things on the table. This is an area where our history began and it needs to be protected and obviously from the landowner. Mayor Houston stated he felt it is important to figure out the boundaries. He asked the Council's desire related to another meeting. Cm. Oravetz stated he felt with a study, we will end up right back where we are now. Mayor Houston suggested they schedule at the next City Council meeting to have another study session beginning at 6 p.m. Cm. Zika stated he likes the view corridor concept, and mixed use with retail on bottom and further that he will not support the office building presented. Vice Mayor Lockhart stated she felt the land use should include restaurant and definitely a view corridor. It's not in to the whole site, but you have to have considerations for the cemetery. This should not be difficult to accomplish. She stated she likes the 19th Century look discussed in the Staff Report. This is the history we're trying to protect. Cm. Oravetz stated he liked the hotel idea and the B&B is nice. Cm. McCormick asked what zoning will include all these things. CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21, 2001 PAGE 366 Mr. Byde stated the zoning would have to be some type of special PD zoning which we currently don't have. Cm. Zika stated the cemetery sometimes gets vandalized; so having some apartments there would be good. Mayor Houston talked about intensity of uses. They are not interested in a 3-story building, but something smaller or less intense. Cm. McCormick felt they are trying to define a pedestrian like use. They want something open in the evening that is a destination point that has pedestrian life to it. Cm. Zika proposed this be put off for a month and let Mr. Mikulich and Mr. Lockhart get together to come up with some solutions. Cm. McCormick and Vice Mayor Lockhart both stated they did not feel this is a 2-person responsibility. Everyone who spoke is an equal voice. Cm. Oravetz suggested they could come back next time and tell the City what they've considered. Cm. McCormick stated she felt maybe Staff needs to have the next conversation. With regard to land uses they've talked about, office building, no and view considerations, yes. Mr. Ambrose stated the first issue is if the City Council is interested in current zoning of office use. This might ultimately force them into a Specific Plan. Typically a SP provides more details and specifics. Vice Mayor Lockhart made a motion, which was seconded by Cm. McCormick, that the Council consider zoning for this property that includes mixed use and some office space. City Attorney Silver stated procedurally, the Planning Commission would have to recommend a change in zoning and then hold public hearings and it would come back to the City Council. This would be direction to Staff to begin the process. On substitute motion of Mayor Houston, seconded by Cm. McCormick, and by majority vote, the Council directed that Staff initiate a Specific Plan such as has been done in the past with the somewhat similar area of Village Parkway, which has some of the same design characteristics and goals. Cm. Oravetz and Cm. Zika voted in opposition to the motion. .. CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21,2001 PAGE 367 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 7:45 p.m. ATTEST: ~~~ Mayor CITY COUNCIL MINUTES VOLUME 20 SPECIAL MEETING August 21,2001 PAGE 368 REGULAR MEETING - AUQust 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 How~ton. ......... ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. .. PLEDGE or ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ...... INTRODUCTION or NEW EMPLOYEE 3.1 (700-10) Community Development Director Eddie Peabody introduced Susan Thomas, new Office Assistant II in the Planning Department. .. DEATH or 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 property 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 o~anizational 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. 149 - 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 14, 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 LA VT A; Adopted (4.17 600-60) RESOLUTION NO. 154 - 01 APPROVING FINAL MAP FOR TRACT 7181 (SCARLETT HOMES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) and 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 (4.21 700-20) RESOLUTION NO. 158 - 01 AMENDING THE CLASSIFICATION PLAN (ASSISTANT CITY MANAGER) and RESOLUTION NO. 159 - 01 AMENDING THE SALARY PLAN (ASSISTANT CITY MANAGER) and 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 rairfield 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 MINUTES 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 rairfield 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 opens? 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. 163 - 01 AWARDING CONTRACT 01-09 2000-01 ANNUAL OVERLAY PROJECT TO McGUIRE & HESTER ($1,065,755.54) 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.stoDwaste.org that people can reference. They can also call Roberta Rankin or Claudia Torian at (510) 614-6199 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 COTTON/BRIDGES/ASSOCIATES FOR PREPARATION OF A NON-RESIDENTIAL AFFORDABLE HOUSING FEE STUDY .' AGREEMENT WITH EDEN COUNCIL FOR HOPE AND OPPORTUNITY (ECHO HOUSING) AND ALLIED HOUSING, INC., rOR USE or CITY IN-LIEU FUNDS FOR RENTAL ASSISTANCE PROGRAMS rOR FISCAL YEAR 2001-02 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 2001 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 MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 377 PUBLIC HEARING TASSAJARA CREEK PHASE II DEVELOPMENT AGREEMENT (GREENBRIAR PROPERTY RESIDENTIAL DEVELOPMENT) PA 00-036 8:36 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 13, paragraph 5) states, "Provide opportunities for temporary displays of public art. b. Encourage cooperative efforts with Dublin Schools, Dublin Library, Dublin rine Arts roundation, 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 13, 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. He questioned that they want their own logo and t-shirt? 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. ~..." T PRODUCTION or 2002 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 restivals, has ceased operations. It is proposed that the 2002 restival 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 restival 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 380 CONSIDERATION or ENERGY FEASIBILITY STUDY 9:00 p.m. 8.3 (1020-40) Economic Development Director Chris ross presented the Staff Report and advised that Mayor Houston requested at the last City Council meeting that Staff agendize an Energy reasibility Study for Council consideration. After discussing the Staff Report, Mr. ross 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 Staff's 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 affected? 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. ross 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 4th will be the next meeting of the TVBC over at DSRSD. Mr. ross advised that San Ramon 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. ..P' 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 rriday, 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 Godzil1a 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 M.EETING August 21, 2001 PAGE 383 ~yor Houston suggested Cm. Oravetz call Ms. Lowart and this person and layout the Issues. Cm. Oravetz stated he will do this. Vice Mayor Lockhart advised that the ABAG raIl 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 are 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 there 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 are not timed together. Can we time the ones at Donohue and at Regional to give people an opportunity to get out of there. Kevin Van Katwyk stated they are 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 are 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 MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 384 10.2 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 10.3 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 lOA ANTICIPATED LITIGATION - Government Code Section 54956.9(b)(1) - racts 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) 10.5 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government Code Section 54947, Title: City Attorney 10.6 CONFERENCE WITH 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 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:45 p.m. ATTEST: ~ ~~ CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING August 21, 2001 PAGE 385