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HomeMy WebLinkAbout08-01-2000 Adopted CC Minutes REGULAR MEETING -August 1, 2000 A regular meeting of the Dublin City Council was held on Tuesday, August 1, 2000, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Howard and Zika, Vice Mayor Lockhart and Mayor Houston. Councilmember McCormick PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. Mayor Houston announced that following Oral Communications, the Council would go into a Closed Session. INTRODUCTION OF NEW EMPLOYEES 7:11 p.m. 3.1 (700~10) Public Works Director Lee Thompson introduced new Engineering Technician II, Bob Sweatt. Mr. Sweatt stated he was very glad to be here. This is a real opportunity for him and he will work very hard at it. Police Chief Gary Thuman introduced new police personnel, Deputy Tom Wright and Lieutenant Dave DiFranco. Deputy Wright is the department's newest officer and Lt. DiFranco has been with the Shefifths Department for 28 years. Deputy Wright stated he has ties here in the City of Dublin; his mother-in~law lives here. Everyone here understands team work. CITY COUNCIl, MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 335 Lt. DiFranco stated he is pleased to be back here and with the Police management team. They will be doing a lot of great things. Use Policy for Community Gymnasium (950~ 10) 7:17 p.m. Dan Roach, a resident of Soverign Court commented on the usage of the Stager Gymnasium. Right now the gym has been open to adults and teenagers. He has a 13 year old son in his third year at Wells who is a real good basketball player. The student body at Wells over the past couple of years have been able to use the facilities after school during low usage times. This was extended into the summer this year. His son has been going to the Monday night sessions and it is currently being used by non~residents as well as residents. He has used the gym along with adults; each having one side of the gym. Last week Rich Jochner decided to enforce a policy that eliminates any children under 16 years of age. His son was told he couldn't go in after he was dropped off at the gym by his mother. Rich Jochner stated he didn't like the two age groups mixing, even though there has never been any incidents. Rich Jochner suggested he come to the City Council and he was therefore requesting that they consider something relatively unimportant. Dublin doesn't have a plethora of fine facilities for its youth. He requested that the Council give it some thought and give Rich Jochner some direction. He stated he would like to see Dublin residents come first. He added that his son's mother even offered to stay and chapcrone. Parks & Community Services Director Diane Lowart stated she will look into this situation and resolve it at the Staff level prior to the next meeting. Mayor Houston stated he sees no reason to split the teenagers from the adults. CLOSED SESSION 10.1 (640~ 30) At 7:24 p.m., the Council recessed to a closed session to conference with Legal Counsel ~ Anticipated Litigation ~ Significant exposure to litigation pursuant to Subsection (b) 54956.9 of the Government Code ~ ONE potential case. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 336 REPORT ON CLOSED SESSION ACTION At 7:40 p.m., the Council meeting reconvened with all Councilmembers present (Cm. McCormick absent). Mayor Houston announced that no reportable action was taken. CONSENT CALENDAR 7:40 p.m. Items 4.1 through 4.9 On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Cm. McCormick absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of July 18, 2000; Authorized (4.2 150~30/380~20) Staff to distribute an RFP for Promotional Marketing Brochures to qualified consultants; Adopted (4.3 350-20) RESOLUTION NO. 133-00 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE RADAR EQUIPMENT DIRECTLY FROM KUSTOM SIGNALS, INC. Approved (4.4 670~40) purchase of real property located at 6355 Scarlett Court, authorized the City Manager to sign Real Property Purchase Contract; accepted Grant Deed and Temporary Construction Easement for said property; and authorized the City Manager to issue a check in the amount of $67,125 payable to North American Title Company for deposit into escrow; Approved (4.5 adopted 600-35) Budget Change for an additional $28,825 appropriation and RESOLUTION NO. 134 - 00 AWARDING CONTRACT 00-10 CIVIC CENTER RE-ROOF, PHASE 2 TO B.U.R. SERVICES (93,475) CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 337 Adopted (4.6 600~40) RESOLUTION NO. 135- 00 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE CITY OF PLEASANTON REGARDING EXPENDITURES BY THE OPEN SPACE ADVISORY COMMITTEE CREATED BY AN AGREEMENT SETTLING LITIGATION OVER THE EXPANSION OF THE ALTAMONT LANDFILL Adopted (4.7 1060~90) RESOLUTION NO. 136- 00 AUTHORIZING STAFF TO PURSUE EXCHANGE OF FUNDS WITH ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY FOR THE 1-580/TASSAJARA ROAD AND 1-5801FALLON Road INTERCHANGE PROJECTS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE SUCH EXCHANGE Accepted (4.8 600~35) improvements constructed under Contract 00-04, Annual Overlay Project and authorized the release of $56,961.40 retention to E1 Camino Paving, Inc., after 35 days if there are no subcontractor claims and approved the Budget Change; Approved (4.9:300~40) the Warrant Register in the amount of $2,:30G,045.44. WRITTEN COMMUNICATIONS REQUEST FOR A DOG PARK @ ALAMO CREEK PARK 7:41 p.m. 5.1 (920~20) Parks & Community Services Director Diane Lowart advised that the City has received a request from Dublin resident, Rose A. rose, regarding the installation of an off~leash dog park at Alamo Creek Park. The estimated cost to modify Alamo Creek Park is $24,200. Ms. Lowart explained that if the Council is in support of pursuing Alamo Creek Park for use as an off~leash dog park, a budget transfer will be necessary, as funds are not budgeted in the FY 2000-2001 Budget for this purpose. Before this is done, however, Staff recommended that the matter be referred back to the Parks & Community Services Commission in order to conduct a public meeting on the project with the surrounding CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 338 neighborhood. If the neighborhood is supportive of the off-leash dog park, a budget change will be brought before the City Council for consideration at a future meeting. Additionally, it will be necessary to amend Chapter 5. 1 O0 of the DMC in order to allow dogs offalcash in designated areas of parks. These changes will also be brought before the Council at a future meeting. Mayor Houston asked where people would park. Ms. Lowart stated at the park parking lot, there are 26 spaces. Mayor Houston asked how far back from Dougherty Road this would be. Ms. Lowart stated it is right on Dougherty Road back to the creek maybe 16 to 20 feet back. It would take about 2 months to do the improvements. Rose Rose, 10738 Inspiration Circle, thanked the City Council for hearing this and Ms. Lowart for her recommendation. She also thanked neighbors for helping her get signatures. People socialize at dog parks, so there is human interaction that takes place as well. She showed slides of a dog park in Palo Alto, where she used to live. Arnie Spanjets, 10738 Inspiration Circle, submitted a statement which Mayor Houston read: "I am here in support of the proposal for a Dublin Dog Park. A park provides a common gathering/social area for dogs and there (SIC) owners. Several informal gathering areas have proved inadequate because of lack of proper facilities. This proposal addresses these issues." Jane curtis, 10711 Inspiration circle, submitted a statement which Mayor Houston read: "I helped collect signatures from Dublin residents to consider a dog park being built. I heard many comments from my fellow 'dog lovers' and residents of the community that this is a very good idea and is needed in the City of Dublin." On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Cm. McCormick absent), the Council agreed to refer this matter back to the Parks & Community Services Commission. 8:00 p.m. Mayor Houston announced that he was combining several of the assessment district public hearings, as the assessment amounts were not increasing from last year, or they were set at an allowed amount. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 339 One public hearing was opened for Items 6.4, 6.5, 6.6, 6.7 and 6.8. Mayor Houston asked if anyone was present to speak on any of the 5 items. No testimony was entered by any member of the public relative to any of the assessment districts. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote (Cm. McCormick absent), the Council adopted the appropriate resolutions. PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 (See Page 339) 6.4 (360~50) No Staff Report was presented. This Citywide street lighting assessment district funds the energy and maintenance costs for the City's street lighting system, excluding the Dublin Ranch area. This item would approve the levy of assessments for Fiscal Year 2000~2001. The assessment is not proposed to increase above the FY 1999~2000 level of $13.26 per single family residence. The Council adopted RESOLUTION NO. 137- 00 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-t PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT 83-2 (TRACT 4719) (See Page 339) 6.5 (360~20) No Staff Report was presented. This assessment district maintains landscaping along Stagecoach Road and on the interior slopes of Agate Way and Coral Way. This item would approve the levy of assessments for Fiscal Year 2000~2001. The assessment is not proposed to increase above the FY 1999-2000 level ($228.72 per single family home and $38.68 per Amador Lakes unit). CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 340 (NOTE: A twospage letter with concerns was received from Janet Fasulkey, 7776 Topaz Circle, Dublin .) The Council adopted RESOLUTION NO. 138- 00 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719 - STAGECOACH ROAD) PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT 86~1 (TRACT 5511 VILLAGES @ WILLOW CREEK) (See Page 339) G.G (360~20) No Staff Report was presented. This assessment district provides for maintenance of certain landscaping improvements associated with the Villages @ Willow Creek development. This item would approve the levy of assessments for Fiscal Year 2000~ 2001. The assessment is not proposed to increase above the FY 1999~2000 level ($84.72 per single family home and $42.36 per multi~family dwelling). (NOTE: Protest letters were received from Jackie Osterloh, 7730 Chantilly Drive, Dublin, and Cynthia L. Weitzer, 421 Sutton Circle, Danville, for property located at 6400 Dijon Way, Dublin .) The Council adopted RESOLUTION NO. 139- 00 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES (~ WILLOW CREEK) CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 341 PUBLIC HEARING LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) (See Page 339) 6.7 (360~20) No Staff Report was presented. This assessment district funds maintenance of certain landscaping improvements in the City's Santa Rita development area. This item would approve the levy of assessments for Fiscal Year 2000-2001. The proposed assessment does not exceed the maximum amount that has been approved for the District. The total developed acreage in this District is now 425.32 acres. The assessments are: California Creekside single~family lots: California Brookside multi~family units: SummerGlen ~ Richmond American (north) lots: SummerGlen - Richmond American (south) lots: SummerGlen ~ Kaufman & Broad and Fulte lots: Dublin Greene Tract 7084 single-family lots: Dublin Greene Tract 7149 multi~family units: $40.78 per lot $17.96 per unit $33.80 per lot $39.32 per lot $61.20 per lot $43.22 per lot $32.54 per unit The Council adopted RESOLUTION NO. 140- 00 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) PUBLIC HEARING ~ ANNEXATION OF TRACT 7067 AND FY 2000-2001 LEVY OF ASSESSMENTS FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH) (See Page 339) 6.8 (360~20) No Staff Report was presented. This assessment district pays the cost of energy and maintenance for the decorative street lighting system within the Dublin Ranch development. Taylor Woodrow Homes has requested that their development, Tract 7067, be annexed into this District. This item requests approval of the annexation and levy of assessments for Fiscal Year 2000-2001. The proposed assessment of $13.34 per single family lot is less than the FY 1999~2000 assessment. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 342 The Council adopted RESOLUTION NO. 141 -00 CONFIRMING REPORT, ORDERING ANNEXATION, AND LEVYING ASSESSMENT FOR Street LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-t (DUBLIN RANCH AND TRACT 7067) PUBLIC HEARING ~ EMERALD GLEN VILLAGE CENTER PLANNED DEVELOPMENT REZONE/DEVELOPMENT PLAN PA 00~003 8:02 p.m. 6.1 (450~30) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this is the second reading of an Ordinance approving a Planned Development Rezone for a mixed~use development involving a 134,025 square foot neighborhood shopping center, 390 apartment units, structured and surface parking, landscaping and related improvements at the northwest corner of Dublin Boulevard and Tassajara Road. Shawn Costello, 6700 Dougherty Road #118, asked where this is located. Mr. Peabody explained that it is just south of the new Emerald Glen Park, on the comer of Dublin Boulevard and Tassajara Road. Mr. Costello stated he heard from someone that they are going to build on the other side;. where other apartments are. He stated he wanted to ask some questions about it. Mr. Peabody stated he might be thinking about Archstone who is going to build on Dougherty Road near Houston Place. They will be building 177 multi~family units. Mayor Houston clarified that he was talking about a different project. The Archstone project is not on the agenda and therefore, it was not appropriate for the Council to discuss it. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by majority vote (Cm. McCormick absent), the Council waived the reading and adopted CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August l, 2000 PAGE 343 ORDINANCE NO. 18- 00 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED NORTH OF DUBLIN BOULEVARD AND WEST OF TASSAJARA Road (APN 986-0005-028 [A PORTION] AND 005) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR EMERALD GLEN VILLAGE CENTER (PA 00-003) Cm. Zika voted in opposition to the motion and stated it was because of inadequate parking. PUBLIC HEARING ~ ADOPTION OF ADJUSTMENT OF RATES FOR GARBAGE COLLECTION, DISPOSAL, AND RECYCLING SERVICES PROVIDED BY LIVERMORE DUBLIN DISPOSAL 8:06 p.m. 6.2 (810~30) Mayor Houston opened the public hearing. Administrative Analyst Jason Behrmann present the Staff Report and advised that current garbage rates became effective July 1, 1999. In accordance with the Agreement with Livermore Dublin Disposal, the adopted rates were scheduled to be reviewed for a rate adjustment July 1, 2000. The amount of the allowed adjustment is to be calculated in accordance with a specific formula. The actual percentage of increase varies depending on the type of service received. The increase is less than 1.5% for residential curbside customers using the standard 35 gallon cart, approximately 3.75% for commercial customers, and 5.25% for drop box service. In most of the rate categories, the proposed City of Dublin rates are well below the average of the agencies surveyed. In accordance with the requirements of Proposition 218, adopted by the voters in November of 1996, notices were mailed to all parcel owners on June 16, 2000. One written protest has been received by the City. Mr. Behrmann stated drop~box tonnage increased by nearly 60% from 1998 to 1999. Drop~box tonnage now represents approximately 40% of all waste generated in Dublin. The new Construction and Demolition Debris Ordinance is intended to reduce the amount of this material going to the landfill. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 344 Mr. Behrmann explained that as part of the settlement of litigation over the expansion of the Altamont Landfill, Alameda County agreed to impose new per~ton fees on LDD's parent corporation, Waste Management of Alameda County, Inc., and to require LDD and WMAC to pass those fees to their franchisors and thus, to the franchisors' customers. LDD's proposed rate increases reflect the inclusion of those fees in its calculation of adjusted target revenue. Mr. Behrmann stated 2 protest letters were received. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote (Cm. McCormick absent), the Council adopted RESOLUTION NO. 142- 00 AMENDING THE SCHEDULE OF SERVICE RATES FOR INTEGRATED SOLID WASTE SERVICES AND ESTABLISHING MINIMUM SERVICE LEVEL FOR RESIDENTIAL CUSTOMERS PUBLIC HEARING ASSESSMENT FOR BASIC GARBAGE/RECYCLING SERVICES 8:08 p.m. 6.:3 (810~10) Mayor Houston opened the public hearing. Administrative Analyst Jason Behrmann presented the Staff Report and advised that the annual fee for the cost of Basic Residential Garbage Service is collected on the property tax bill. The proposed FY 2000~2001 annual assessment is $122.40 per household, which represents an increase of approximately 1.49% over the assessment levied for FY 1999~2000. Customers who request services beyond the Basic Service are billed directly by LDD. The City has been providing the current mandatory residential garbage and recycling services since July 1, 1993. Mr. Behrman discussed the requirements of Proposition 218 and advised that notices were mailed to property owners of approximately 6,350 parcels on June 16th. The City received a total of two protest letters. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August t, 2000 PAGE 345 No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote (Cm. McCormick absent), the Council adopted RESOLUTION NO. 143- 00 APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEE FOR FISCAL YEAR 2000-2001 CONSULTANT AGREEMENT TO CONDUCT EASTERN DUBLIN FISCAL IMPACT ANALYSIS 8:11 p.m. 8.1 (600~30) Economic Development Director Chris Foss presented the Staff Report and advised that Staff is proposing that the City enter into a Consultant Agreement with MuniFinancial to conduct the Eastern Dublin Fiscal Impact Analysis at an estimated cost of $12,500. The proposed Eastern Dublin Fiscal Impact Analysis is intended to estimate the effects of new development on the City's General Fund and to determine when new development under the Eastern Dublin Specific Ran will generate sufficient surplus revenues to fund the annual operating costs of the proposed new Fire Station in Eastern Dublin. A budget transfer from new revenues in the amount of $12,500 will be required. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Cm. McCormick absent), the Council authorized the Mayor to execute the agreement with MuniFinancial and approved the Budget Change authorizing the transfer of $12,500 from new revenues. OTHER BUSINESS 8:12 p.m. Mr. Ambrose announced that action had been taken to accept the Emerald Glen Park improvements last Friday afternoon and the public now has access to the park. The play fields are still not ready for organized use until the Fall. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 346 Mr. Ambrose reported that the City has another concert coming up this Friday evening from 7:00 p.m. to 9:00 p.m., at the Civic Center. Tommy and the 4~Speeds will be playing classic oldies from the 50% and 60's. Cm. Howard stated she attended the League of California Cities conference last week. They spent one morning talking about the League's strategic planning process. Some people got surveys and some did not. She stated she copied the questions and will forward them to the rest of the Council and then will take them back at the next East Bay Division meeting. Mayor Houston asked Mr. Foss to give announcements on some new companies coming to Dublin. Mr. Foss stated at the Koll Dublin Center, the City is pleased to welcome 5 new companies: Quintas Corporation, Simpson Manufacturing, SuperGen, Macromedia Corporation, and EMC Corporation. Koll has leased about 240,000 square feet of their 2130,000 square foot building. All of the companies say this is an idea location. Mayor Houston asked if the City video is complete. Mr. Foss advised that the video is set up in the conference room and the Council can view it at any time. Mayor Houston requested that copies be made for each of the Council and also that a copy be provided to the Chamber of Commerce. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING August 1, 2000 PAGE 347 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:18 p.m. AT'FEST: ~Cl~er~C-~ CITY COUNCIL MINUTES VOLUME 10 REGULAR MEETING August 1, 2000 PAGE 348