HomeMy WebLinkAbout04-09-1996 CC Adopted MinutesREGULAR MEETING ~ April 9, 1996
A regular meeting of the Dublin City Council was held on Tuesday, April 9, 1996, in
the CoUncil Chambers of the Dublin Civic Center. The meeting was called to order at
7:07 p.m., by Mayor HOuston.
ROLL CALL
PRESENT:
ABSENT:
Councilmembers Barnes, Burton, Moffatt and Mayor Houston
Councilmember Howard
PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance to
the flag.
Mayor Houston announced that Item 8.4 Nielsen Ranch GPA would be moved to
immediately follow the Consent Calendar. There has been a request and the City
Council will be tabling this indefinitely.
RECOGNITION OF AWARD TO CITY FOR FACILITY DESIGN & PARK PLANNING
7:08 p.m. 3.1 (150-20)
Parks & Community Services Director Lowart stated the Dublin Heritage Center was
chosen as a 1995 award recipient in the facility design and park planning category by
the California Park and Recreation Society. One of the key factors in the selection
process was the involvement of the community in the planning process and the impact
of the project on the community.
The award was presented to the City at the Annual Awards and Installation Banquet of
California Park and Recreation Society, District III, held on March 297 1996.
Mayor Houston accepted the plaque and congratulated the Parks & Community
Services Department.
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PRESENTATION BY DUBLIN UNITED SOCCER LEAGUE
7:09 p.m. 3.2 (950-10)
Eric Swalwell, 1 I404 Betlen Drive, addressed and updated the City Council on Dublin
United Soccer League's plans to construct soccer fields at Camp Parks and requested
that this item be placed on the next City Council meeting agenda for further
discussion.
Mr. Swalwell stated last weekend marked the opening of the major soccer season in
the Bay Area. Dublin's soccer program serves over 1,000 youth. The problem is we
do not have enough space set aside for children to play the game. In reviewing their
programs, they have identified an opportunity by working with Camp Parks to provide
20 acres of land. They will come prepared to provide greater details at the April 23
Council meeting.
PROCLAMATION
7:12 p.m. 3.3 (610~50)
Mayor Houston read a proclamation declaring the month of April, 1996 as California
Earthquake Preparedness Month and encouraged all citizens to enhance their
knowledge and awareness of proper safety measures to follow before, during, and after
an earthquake.
Traffic Enforcement (590~30)
Zev Kahn, Harlan Road stated he had two items of concern. The first has to do with
the many Dublin citizens that commute to work on our streets each day, particularly
San Ramon Road. He is concerned about the City's apparent change in laws or rules
that citizens have not been made aware of, primarily when the speed limit has been
changed to 50 mph and faster. The signs are still posted at 40 mph. Another concern
relates to as he was driving past Village Parkway and Dublin Boulevard. There was
another instance where the City has changed the laws and now on red you are allowed
to go through intersections. It would be nice if the City would notify citizens of these
changes to the laws in the future.
Mayor Houston commented this was a tongue in cheek request and stated he hoped the
Police Department representatives present noted the comments.
CONSENT CALENDAR
7:16 p.m. 4.1 through 4.8
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm.
Howard absent), the Council took the following actions:
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Approved (4.1) Minutes of Regular Meeting of March 26, 1996;
Accepted (4.2 150-70) gifts of 45" color TV for the Parks & Community Services
Department and $582 from T-shirt sale fund~raiser for the Shannon Center Preschool;
directed Staff to prepare formal acknowledgments to the donors; and approved Budget
Change Form;
Accepted (4.3 600-30) improvements constructed under Contract 95-06 San Ramon
Road Landscape Improvements, and authorized retention and final pay item payment
of $2,542.94 to Nimco Landscape; and authorized a $2,564.7I additional
appropriation from the San Ramon Road Specific Plan ASsessment District Reserves;
Authorized (4.5 600~30) a $5,792 appropriation to the Annual Sidewalk Safety
Repair Budget for Contract 96-0I to be funded by an increase in the CDBG funds
allowed for this project;
Adopted (4.7 700-20)
RESOLUTION NO. 36 - 96
ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL
IN ACCORDANCE WITH THE PERSONNEL RULES
and
RESOLUTION NO. 37 - 96
and
AMENDING THE BENEFIT PLAN
(Dental Insurance, Disability Insurance, Education Reimbursement)
RESOLUTION NO. 38 - 96
and
AMENDING THE PERSONNEL SYSTEM RULES
(General Leave)
RESOLUTION NO. 39 - 96
AMENDING THE RESOLUTION ESTABLISHING MANAGEMENT POSITIONS
EXEMPT FROM COMPETITIVE SERVICE AND
PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS
Approved (4.8 800-40) the Warrant Register in the amount of $814,475.93.
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Mayor Houston stated Ralph Hughes had requested that Item 4. 4 related to the Chamber
Sign be removed from the Consent Calendar for discussion.
Ralph Hughes~ 7581 Brighton Dtive~ stated in 1990 he was the President of the Chamber.
He understands that some members of the City Council would like to see the sign placed
further down San Ramon Road It has never been called a City Limit sign~ but instead it is to
identify service clubs. The location is a matter of tradition. People can see and read the sign
at its current location. Moving the sign would require permission from a land owner and if
it is on private property it requires some type of an easement and guarantee that it will
remain. The City has not taken any steps to acquire any easement for this purpose. He
would like to see the sign remain where it is.
Cm. Moffatt clarified that the request was for the City and the Chamber to enter into a
dialogue and just discuss the topic.
Mayor Houston clarified whether the sign was on private or public property. He felt it was
more appropriate for it to be at the gateway to the City. An additional sign may be located at
a gateway in the future. The City may want to consider this in the future andif the Chamber
wishes the sign to remain where it is~ this is no problem to the CounciZ
Economic Development Manager Reuel stated the sign is on private property.
Cm. Burton felt we will look into additional signs in the future.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the City
Council received (4.4 400~30) the report related to the City's request for relocation of
the Chamber of Commerce Sign.
Cm. Moffatt requested that Item 4. 6 be pulled and stated he was curious as to what the
increase in the fee would do.
Ms. Lowart stated there has been additional work incurred by the Consultant and there were
several additional areas to the study and additional meetings. We will be dealing with
administrative guidelines next to address some of the concerns brought up in the public
heatings.
Mr. Ambrose explained that a consultant agrees to a certain number of meetings. If we go
through a long process, it will probably exceed the budget.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the City
Council approved (4.6 600-30) $5,000 Change Order #2 and Budget Change Form
for $3,131 to the agreement with Recht Hausrath & Associates for the Public Facilities
Fee Program Study.
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INITIATION OF A GENERAL PLAN AMENDMENT STUDY
(200 + ACRE PORTION OF THE NIELSEN RANCH
7:25 p.m. 8.4 (420~30)
Mayor Houston stated there has been a request to table this General Plan
Amendment Study for a 200 _+ acre parcel east of the terminus of Brittany Drive and
Brittany Lane to an undetermined time. He encouraged interested parties to get
together and try to work out some of the issues.
Vince Fletcher stated he respectfully requested that this item be tabled. They will
go walk the site with interested parties and share some ideas.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the
City Council tabled the Nielsen Ranch GPA and EIR.
Cm. Burton asked if he would be available to get people's cards so he can contact
them since they have gone to the trouble of coming here to hear this tonight.
WRITTEN COMMUNICATIONS FROM STEVE STEWART
REQUESTING THAT THE cITY FUND THE PRODUCTION OF THE CITY SONG
7:28 p.m. 5.I (120~50)
Administrative Assistant Honse presented the Staff Report. As a result of a contest held
in early 1993, Steve Stewart's song, "Dublin Town" was selected by the City Council as
the winner, and a Resolution was adopted declaring "Dublin Town" to be the City's
official song. Mr. Stewart feels that if the song were to be professionally recorded, it
could be used to generate pride in the community, could be a vehicle by which Dublin
communicates with the rest of the world, and if marketed, could provide a means to
raise money for worthy projects in the community. The estimated cost to profession~
ally produce the song will be $5,000 and the City would receive 1,000 taped copies.
Steve Stewart stated he was very pleased to see in the report the reasons why the City
should produce this and make it available to the people. He felt this was a good and
very fair question. The first thing that comes to mind is community pride. He shared
a short note from Mayor Cathie Brown which was included with the song for
Livermore. Livermore doesn't have a corner on pride. In fact, he stated he's not aware
of any other city that has designated an entire week to celebrate pride. He read from
the proclamation that was presented to him in 1993. People need to hear it and learn
it before they will be able to sing it for years to come. With regard to the issue of
unity, there are so many ways to divide people, but this project unites people in a real
physical sense. This Council Chamber filled with those who would like to raise their
voices in celebration of home town pride and spirit, he felt was unprecedented. He
could come up with dozens of reasons to do this. Pride is an intangible; it is a feeling.
What this does is allow us to package the feeling. He understands that 11 other
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Dublins will be visiting here in 1998 and also understands that not one of them has an
official city anthem. He requested that the Council move forward with this.
Cm. Burton complimented Steve for his good organization of this project.
Cm. Barnes felt the whole point is to bring the City together. She likes the idea of
having the Chambers filled with 150 people singing and would also like to see us give
tapes to someone for a fund-raiser; i.e., the Heritage Center, schools, library, etc. We
could help some other organization in town.
Mr. Stewart also suggested involving another segment of the community with an
artwork contest in the schools.
Mayor Houston stated he felt the 150 or 200 people might pay to be on the tape. It
could be a fund-raiser to get it done. He would have a hard time finding $5,000 in the
City's budget for this item, but felt there are probably enough people who would pay
to participate. It should be done through groups in the community.
Cm. Moffatt asked if there is any discretionary money left over from Dublin Pride
Week.
Mr. Honse replied that we spent pretty much all of the funds allocated.
Cm. Moffatt felt the City should go forward with this project. The City can turn
around and use the tapes to develop some funds to partially cover the costs. He
pointed out that Mr. Stewart will be donating his time. The tapes, recording studio
and musicians are the cost factors here. He suggested that maybe we could use our
hometown band instead of hiring musicians.
Mr. Stewart stated his experience had been that a professional recording would be
more accepted.
Cm. Barnes felt the professional aspect was appealing. The names of the people in the
chorus would be listed on the jacket.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote (Cm.
Howard absent), the Council instructed Staff to place this request as a budget item in
June for discussion and consideration with the FY 1996-97 budget. Mayor Houston
voted in opposition of the motion.
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PUBLIC HEARING
AMENDMENT TO CHAPTER 9.28 OF THE DMC - QUIMBY ACT ORDINANCE
7:41 p.m. 6.1 (390-20)
Mayor Houston opened the public hearing.
Parks & Community Services Director Ix>wart presented the Staff Report and advised
that this chapter of the Dublin Municipal Code requires that each subdivider of land
classified by the City of Dublin Zoning Ordinance for residential use shall as a
condition to filing a final subdivision map, dedicate or reserve lands, pay fees in lieu
thereof, or a combination of both, for neighborhood and community park or
recreational purposes. The Ordinance was introduced at the City Council meeting on
March 26, 1996.
Cm. Moffatt asked when this fee would be due.
Ms. Ix>wart responded at the filing of the subdivision map.
No testimony was entered by any member of the public relative to this issue.
Mayor Houston closed the public hearing.
On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 6 - 96
AMENDING SECTIONS 9.28.040, 9.28.050 AND 9.28.060
OF THE DUBLIN MUNICIPAL CODE
(QUIMBY ACT- PARKLAND DEDICATION)
PUBLIC HEARING - REDUCTION OF RENTAL AVAILABILITY
RENTAL IN-LIEU FEE AMOUNT AND CONSIDERATION OF
RENTAL AVAILABILITY REQUIREMENTS FOR DONLAN CANYON PROJECT
7:44 p.m. 6.2 (430-20)
Mayor Houston opened the public hearing.
Senior Planner Carrington presented the Staff Report and stated this item deals with
consideration of reducing the In-Lieu Rental Fee from $10,808 to $986.24 and
requests direction on how to condition projects and agreements with regard to the
Rental Availability Ordinance.
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Mr. Carrington explained that the City Attorney has concluded that the final map for
the Donlan Canyon project cannot be amended to remove the condition requiring
compliance with the rental availability requirements until the General Plan is
amended to delete these requirements.
Mr. Carrington stated two options are available to refund the Rental In-Lieu Fees if the
City does amend its General Plan. The first would be to enter into an agreement with
Kaufman & Broad, the developer of Donlan Canyon, whereby the City agrees to refund
the Rental In-Lieu Fees when and if the General Plan and Municipal Code are amended
to delete the rental availability requirements. The second option would be to amend
the condition of the tentative map which requires compliance with the rental
availability requirements to allow the subdivider to pay the Rental In-Lieu Fees at a
later point in time (i.e., one year after the last unit is finaled) if the General Plan has
not yet been amended. The second option requires a noticed public hearing.
Cm. Burton asked if any consideration had been given to the accrued interest.
Mr. Ambrose stated they haven't paid yet because the fee hasn't been established.
This would have to be worked out as part of the agreement between K&B and the City.
It would be brought back to the City Council.
Assistant City Attorney Jarvis stated when we collect the fee under option 2, it would
be placed in an account.
Cm. Burton asked if the ownership changes and they haven't paid it is this one of the
failings'of option 2 that you could have change of ownership or bankruptcy. How
does that fly as far as who will pick up the tab? Can it go with the land?
Mr. Carrington stated it would go with the land. Whoever buys the land inherits this
obligation.
Matt Koart, K&B stated either option is acceptable to them. They would be more than
happy to waive any interest they would be entitled to. Staff has committed to him with
a handshake.
Cm. Burton commented that it does pay to have the Mayor on your side.
Mayor Houston felt we do have it in the General Plan now, so lowering the amount is
acceptable and stated he would go for option 2 and if it is still here after a year, it
would have to come back to the City Council.
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Cm. Burton felt we need to be consistent with everyone. He did not see a problem with
option 1. It is prudent for us to have the money on something we have in our code
now. What if the next City Council doesn't go along with this?
Mayor Houston explained he felt the difference is, this is going to go away. Staff has
researched this and done their homework. This is going away in 3 or 4 months.
Mayor Houston closed the public hearing.
Cm. Burton made a motion, which was seconded by Cm. Moffatt to adopt Option 1
and pay interest.
Assistant City Attorney Jarvis asked if the City Council was directing Staff to negotiate
with K&B The agreement would formalize the arrangement.
Cm. Burton yes Staff should negotiate an agreement.
Cm. Moffatt stated he would not support this. It should go into an account and we
refund it. We're just entering into an agreement with K&B.
Cm. Burton restated his motion to adopt the resolution revising the rental in-lieu fee to
$986.24 and to instruct Staff to enter into an agreement to refund fees to K&B when
and if the rental availability requirement is deleted. This motion was seconded by
Mayor Houston who clarified that with Option # 1, if and when we delete this
ordinance they will get their money back.
Mayor Houston stated hopefully, this ordinance will be gone before someone else
comes in.
Mr. Ambrose stated this is a condition of their map so this agreement would provide
assurance that they will get a refund.
Cm. Barnes asked what's wrong with Option #2. Why incur an added expense if we
are so sure in a reasonable time we will take care of this?
Cm. Burton felt at election time, the make up of the City Council could change. He
stated either one was okay with him.
Cm. Barnes felt they were talking about the City's money and a minor expense.
Cm. Burton suggested paying the expenses out of the interest.
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Cm. Moffatt felt K&B was willing to pay the fee and put it in a separate account. If it's
not used after a certain period of time, it is refunded. If the City Council changes and
there is thought to keep the funds, the City Council would be protecting a future
Council.
On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the
Council adopted
RESOLUIION NO. 40- 96
APPROVING REDUCTION OF
IN-LIEU RENTAL FEE AMOUNT
and selected Option 1 (enter into an agreement with K&B where the City agrees to
refund the Rental In-Lieu Fees when and if the General Plan and Municipal Code are
amended to delete the rental availability requirement) with an added stipulation that
the City will pay interest on the money.
PUBLIC HEARING ~ REVISION TO
EASTERN DUBLIN TRAFFIC IMPACT FEE/AREA OF BENEFIT FEE
8:01 p.m. ¢.$ (300-20)
Mayor Houston opened the public hearing.
Public Works Director Thompson stated the City Council has directed Staff to
periodically review and update the Traffic Impact Fee. The Eastern Dublin General
Plan Amendment and Specific Plan were adopted by the City in 1903. The GPA
outlines future land use plans for the 4,I 76 acre eastern Dublin sphere of influence.
Approximately 13,906 dwelling units and 9.737 million square feet of
commercial/office/industrial development are anticipated in the GPA area, in addition
to parks, open space and institutional uses. The Eastern Dublin Specific Plan provides
more specific detailed goals, policies and action programs for the 3,313 acre portion of
the GPA nearest the City. Approximately 2,744 acres to the east of the City's sphere of
influence are designated on the Land Use Map as "Future Study Area". The GPA does
not outline future land uses in this area and this area was not considered in developing
the Traffic Impact Fee.
Mr. Thompson explained that TJKM prepared a revised report which updates the
Barton~Aschman Study. A separate report was prepared by Santina & Thompson
which provides updated estimates of the cost of constructing the improvements which
are included in Categories 1 and 2 of the Study. TJKM's Study Update and Santina &
Thompson's updated cost estimates incorporate changes based on last year's comments
from the public.
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The major concerns by developers at the initial approval of the Eastern Dublin TIF, and
that were deferred to this first update were: 1) The developers east of Tassajara Road
were concerned that the values assigned to their properties for the determination of
fees and for reimbursement and credit for building improvements and dedicating
right-of-way was too low compared to the property west of Tassajara Road. 2) There
was concern by the representatives of the Pao Lin property that the assigned traffic trip
rate for the Town Center was too high and that there were only two tiers of residential
density used to spread the trip rates and costs.
Mr. Thompson stated the Study Update and Cost Estimate Report Update conclude that
the total cost of all TIF improvements attributed to the SP/GPA areas rose by
approximately $20 million from $101,444,240 to $121,995,379 and are broken down
as follows:
Resolution
No. 1-95 TIF
Category 1 Improvements (100% SP Area): $ 71,911,500
Category 2 Improvements (Outside SP Area-Local): $ 19,118,740
Category 3 Improvements (Regional): $ 10,414,000
$101,444,240
Proposed
Revised TIF
$ 85,351,314
$ 25,570,473
$ 11~073,592
$1 gl,995,379
Mr. Thompson explained that the Traffic Impact Fee revisions are the result of more
detailed studies, updated land values, inflation, changes in land use categories and
interest on funds already advanced. This item was continued from the City Council
meetings of January 23, February 27 and March 26, 1996, to receive additional
comments from property owners and to incorporate those comments into the report.
Mr. Thompson stated the amount of the fee would be adjusted if the City Council
adopts a Regional Transportation Fee as recommended by the Tri~Valley
Transportation Council for regional improvements. It is anticipated that such a fee
would replace the Category 3 component of the fee. The fee could also be adjusted as a
result of Staff negotiations for a TIF with Contra Costa County.
In summary, Mr. Thompson stated copies of the public hearing notice, draft Staff
Report and draft resolution were mailed to all East Dublin property owners on
January 9, 1996, in addition to the required public notice which was published.
Revised reports were mailed on April 5, 1996.
Cm. Moffatt asked about commercial and if they will be charged on the basis of per-
trip.
Mr. Thompson stated this was correct; it's the same as it was last time.
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Mayor Houston asked about regional components and what they are and the total
amount of monies to be raised for regional projects.
Mr. Thompson referenced Table 2-4 of the TJKM report. Eastern Dublin would be
assessed for the I~580/I~680 Interchange Project, $1.332 million, for the 1-580
Auxiliary Lanes, $4.810 million, State Route 84 would be $720 million, and Improve
Transit Service at $4.212 million.
Mayor Houston commented we also have the Hacienda and Tassajara Road
improvements under a separate agreement.
William D. Ross, Attorney (425 Sherman Avenue, Suite 310, Palo Alto, 94306)
representing Allwin Development, owner of property in town center area, addressed
the Council. Allwin Development presently opposes the adoption. TJKM has
represented several landowners in the area. There is presently nothing in the record to
establish the independence of judgment on the part of TJKM. AB1600, Government
Code Section 66000 and the Dolan standard were mentioned and a case cited. TJKM's
memo dated March 12 was referenced. Mr. Ross discussed an example in the Santa
Clara County plan. The matter before the City Council should be based on an
engineering analysis. The City is taking a unique position and one they are not aware
of specifically with regard to objectivity. In the April 1 communication of CCS a
comprehensive analysis is set forth as to why their position is justified.
Government Code Section 65104.b was referenced and they feel there is no
comprehensive consistency in the City's plan. Goals and policies of traffic and
circulation are analyzed comprehensively. Affordable housing also relates to the
findings of the Government Code. Allwin Development requested that the matter be
continued to address these matters. They request notification of any future updates.
Chwen Siripocanont with CCS Planning & Engineering discussed their correspondence
with City Staff. They received comments from City Staff and then met to discuss the
comments. One of the major comments was that Staff felt the town center was no
different from other areas in the SP. CCS requests an additional 30% reduction in trip
generation for the Town Center as they feel that having a mixed, high density use will
greatly reduce the amount of vehicle trips. They submitted another letter on April 1
with all the justifications for supporting their request. She showed several slides
summarizing their assumptions. She discussed the definition of medium density as
spelled out in the Specific Plan; the assumption is 10 units per acre. CMA adopted a
policy in Santa Clara County to encourage transit usage and they allow up to 30% and
they requested that this percentage apply to the Town Center area.
Cm. Moffatt asked if the figures were based on the Santa Clara County and Virginia
area that she referenced.
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Ms. Siripocanont stated a firm commissioned by CMA conducted extensive research in
Santa Clara County about 4 or 5 years ago.
Cm. Moffatt asked if they have the same percentage of overpasses and new highways
that we are required to do.
Ms. Siripocanont stated Santa Clara is more of a suburban type community and people
there primarily are driving. This is an incentive for people going into the area. The
survey was done in the 80's in Brandenmill, Virginia. As traffic engineers they have to
take what's in the ITE handbook.
Mayor Houston asked about the Santa Clara County CMA numbers stating they permit
a maximum of 30%. What percentages have actually been granted?
Ms. Siripocanont stated if it is within a quarter mile of transit facility they are allowed
to take 30%.
Mayor Houston asked her to explain the applicability of Van Ness in San Francisco to
this situation.
Ms. Siripocanont stated a very high density commercial is why they look at this high
extreme. This area is not served directly by BART. Commercial along Van Ness is sort
of like a transit spine.
Mr. Thompson stated when the plan was originally before the Council there was some
kind of a transit spine and this was changed to make it a 4 lane street. If you give a
30% reduction in this area, you will have to push it into commercial and other
residential. We already have a fee with a higher generation rate. We may want to
look at some of the issues Mr. Ross brought up.
Mayor Houston stated presently we have areas for buses with turnouts, and he asked if
this is similar to what will be out in this area?
Mr. Thompson stated it will be similar to what we currently have in Dublin.
Cm. Moffatt felt transit improvements in the past have been borne by the developers.
Mr. Ambrose pointed out the fact that the City is currently processing plans for single
family housing and there is a lot of product that is single family detached housing; 7~
14 units per acre is not necessarily townhouses.
Mayor Houston closed the public hearing.
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Cm. Burton asked if we can we say what the numbers will be. There seems to be an
inconsistency with what is being challenged.
Mr. Thompson stated we are seeing some different housing types than what we have
seen in the past.
Carl Springer with TJKM commented with regard to the 30% reduction. This is the top
of the scale in the policy in Santa Clara County, and this is as much as you can
discount. :Their policy allows up to that much. The whole analysis structure is geared
toward short term impact. The numbers have to be warranted; they don't just give
carte blanche. They are trying to give the City a reasonable average. Their role in this
project was simply as a calculator. They made very little engineering judgment.
Cm. Burton stated he was aware that this is very subjective. This is a very expensive
proposition and he asked how we would stand if somebody challenges us and takes us
to court. Are we on safe ground to actually set figures that are very subjective?
Mr. Jarvis advised if we get charged in court, the court will defer to our records and
how we arrived at our decision and if it was backed up by the record.
Mr. Springer discussed the starting rates to generate the model.
Cm. Burton asked if we are comparable with San Ramon, Livermore, etc.
Mr. Springer stated he wasn't familiar with what their fees are.
Cm. Moffatt felt this is consistent with what the TVTC has looked at. What we have
here is considerably less than what was discussed by this group in the past. This is a
little bit more of a realistic way to apply the mitigation fees.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote (Cm.
Howard absent), the Council adopted
RESOLUTION NO. 41 - 96
REVISING THE TRAFFIC IMPACT FEE AND AREA OF BENEFIT FEE
FOR FUTURE DEVELOPMENTS WITHIN THE EASTERN DUBLIN AREA,
AS PREVIOUSLY ESTABLISHED BY RESOLUTION NO. 1-95
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INTERSTATE 580/680 DIRECT CONNECTOR (MEASURE B) PROJECT
8:50 p.m. 8. I (800-30)
City Manager Ambrose presented the Staff Report and advised that this project was
approved by the voters in their adoption of Measure B in 1986. The project replaces
the existing southbound I~680 to eastbound I~580 loop with a flyover ramp
connecting I~680 southbound directly to 1-580 eastbound. The project also includes
hookramps from I~680 into Downtown Dublin. ACTA has identified Dublin's fair
share of the required Local Match as $2,038,500 of which the City has already paid
$111,700 to date, resulting in a remaining balance of $1,926,800. Dublin's Local
Match share would increase if other Tri~Valley agencies do not commit to their share
of the project's cost.
Executive Director of ACTA Vince Harris introduced his legal counsel, Bertha
Ontiveros with the law firm Wendel, Rosen, Black and Dean, Christine Monsen,
Deputy Director of ACTA, Eugenic Thomson, the Authority's Transportation Engineer
and Tom Wintch, Design Manager for the I~580/I~680 project. As indicated, the
580/680 project is part of the projects approved by the voters by Measure B in 1986.
For this particular project, the matching funds are $10 million.
Eugenic Thomson discussed the benefits of the project and explained why Dublin was
assessed $1.9 million. The project will carry some major benefits for Dublin. A
cloverleaf simply doesn't suffice for 250,000 vehicles per day. This is a high accident
location.
Cm. Moffatt asked if Danville and San Ramon were also assessed in this model.
Ms. Thomson stated they calculated their benefits also. Pleasanton is paying for their
share of the ramps.
Tom Wintch discussed the specifics of the connector street.
Cm. Burton asked how much parking would be taken away from the Good Guys.
Mr. Wintch stated approximately 14' of right-of-way will be taken. He did not have
the number of parking stalls but felt they were impacting fewer than 10 parking stalls.
They will provide the owners with a realigned parking diagram and show ways to
recover some of the lost spaces. The roadway has not yet been named. They currently
refer to it as BRX.
Mr. Harris stated they have talked about the Authority's proposal as they talk to the
TVTC membership. Livermore, Danville and San Ramon have taken actions to
participate through a TVTC impact fee program. The Contra Costa County jurisdiction
remains at the level as proposed and Dublin, Pleasanton and Alameda County provide
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the balance of the shortfall. The Authority has no recourse under the law if the local
match of $10 million is not funded. This is not Staff's recommendation.
Cm. Moffatt asked about a time limit set when a decision would have to be made by all
entities involved.
Mr. Harris stated they view this in terms of total monies. The best case scenario, in
order for construction to start in 1997 would be to get the entire commitment by July
of this year. They must go through quite a negotiation process with Caltrans. The
next best case would be to see the commitments by October. The worst case scenario
would be to not get the commitments by the end of the year. Slippage costs about $3.5
million which is significant.
Mr. Ambrose discussed how Dublin will fund its $1.9 million. We have 4 sources.
Downtown Mitigation Fees, BART Mitigation Fees, in fee title property from the Eneas,
and lastly the Eastern Dublin TIF. The first 3 sources we have obligated and have
funds in hand. With respect to the Eastern Dublin TIF, many of the property owners
initially aren't going to be paying us any fees within the time constraints that the
Authority needs. They (ACTA) go out of existence in the year 2002. The money has to
be on the table no later than 2000. The City Council intends to defease the Civic
Center debt in 1999 and this would free up about $1 million after that time. One
option looked at would be to commit these funds and then repay the General Fund as
Eastern Dublin traffic impact fees come in. We would need to sit down with ACTA to
negotiate a payment plan. At this time we should only commit to what our fair share
is. We still have time to work with other agencies to pay their fair share.
Mr. Ambrose stated given that the participation of other entities in the Tri~Valley is
presently uncertain, and there is a possibility that their participation could change or
could modify the results of the Local Match required, Staff recommended that the City
Council adopt a resolution committing only to its fair share of $1,926,800 at this time
and authorize Staff to negotiate an agreement with ACTA which provides for a
payment schedule. If the circumstances necessary to fund this project change in the
next several months, Staff would propose that that change be brought back to the
Council at a later time.
Cm. Burton asked how much money is not being paid by the other agencies.
Mr. Ambrose answered about $1.6 million.
Mr. Harris stated Pleasanton has taken no formal action at this time. They don't know
what Pleasanton plans to do at this time.
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Mr. Ambrose stated the City Council has by adopting the TIP, committed future funds
for the Highway 84 project.
Mayor Houston felt if we don't work together and pool funds we can't get as many
projects done. Cooperation is important. Our TIP has a regional element. We are
authorizing funds for Highway 84 and are committed to this. He is the representative
on TVTC and stated he would like direction from the Council to make Highway 84 as
the next priority project. This does benefit us also. It's another ACTA project that we
have a shortfall on. We need to make that a priority as number two. The 580/680
project is number one. Also, he would like us to consider encouraging other cities to
adopt an impact fee. He distributed a political cartoon showing the developer fees pot
as empty because no one is collecting. We need everybody to adopt a traffic impact fee
and it can be adjusted when the regional fee is put into place. We should send a copy
of our ordinance to others and tell them they need to do this. When the regional fee is
put into place, they can adjust.
Mr. Ambrose stated Pleasanton very strongly wanted the West Dublin BART station
ahead of Highway 84. They have $1 1/2 million in this project. Livermore has
$700,000.
Mayor Houston felt they still have to go back to the TVTC. Livermore feels they aren't
getting anything or receiving a return on their investment. We need to make some
overture to listen to what Livermore has to say.
Mr. Harris stated they will continue to work with other jurisdictions. They also ask
that this body assist them in working with the other jurisdictions. They need to get the
others back to the table.
Mayor Houston stated everybody at the TVTC has agreed that 580/680 is the top
priority project.
Cm. Burton stated he would support Mayor Houston's request if the Western BART
station were placed as priority number three. The initial impact of the BART station on
our City will be tremendous.
Mayor Houston pointed out that when Highway 84 is improved, this helps us also.
On motion of Mayor Houston, seconded by Cm. Moffatt, and by unanimous vote, the
Council adopted
RESOLUTION NO. 42 - 96
APPROVING. CONTRIBUTION TO THE
1-580/I-680 DIRECI CONNECTOR PROJECT
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RE~IUI.~tR MEETIN~
April 9, 1996
PAGE 192
The motion also included, "authorize commitment to local match, authorize the City
Manager and Staff to work with ACTA on payment schedule and give direction to
make a motion that Highway 84 be the next priority project, also send letter to
jurisdictions speaking of regional impact fee and suggest they follow our model until
the regional fee is put into play and support and encourage ACTA in any way we can
to get the projects into play."
APPROVAL OF MASTER CONSULTANT CONTRACTS ON AN AS NEEDED BASIS
FOR OVERFLOW SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT
9:39 p.m. 8.2 (600-30)
Community Services Director Peabody explained that with the acceleration of new
development projects in both Western and Eastern Dublin, and the requirements
related to Eastern Dublin Implementation Measures, the Community Development
Department has contracted with numerous outside consulting firms'on a project~by-
project basis. Anticipated workloads over the next year dictate we retain ongoing
consultant firms to handle overflow work. Consultant rates are $65 per hour and all
charges are to be funded through direct developer fees for major planned development
applications or as approved Planning Division budgetary projects in the 96-97 Budget.
The contracts would be with 4 firms: Stevenson, Porto and Pierce, Inc. (Planning);
Cannon Design Group (Planning); Jerry Haag and Associates (Planning); and
Sycamore Associates (Biologists).
Mr. Peabody explained that each of the contracts contain provisions that the
consultant will only work on a time-and-materials basis at the direction of the
Community Development Director. No work will be done without expressed
permission and all costs will be charged to the Community Development Department
budget in accordance with costs associated with that project.
Cm. Burton asked if he had worked with all of these consultants and who will do the
oversight?
Mr. Peabody responded yes, except for the biologist. He explained how the budgeting
will work. He will oversee the contracts.
Cm. Moffatt stated he was pleased to see this type of arrangement set up to do extra
work be done as we need it. This is a terrific idea.
On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the
Council approved the Agreements for Professional Services with: 1) Stevenson, Porto
and Pierce, Inc.; 2) Cannon Design Group; 3) Jerry Haag and Associates; and 4)
Sycamore Associates and authorized the Mayor to execute the agreements.
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April 9, 1996
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AGREEMENT WITH SINGEI~ HODGES & EVANS FOR
DEVELOPMENT OF A PARKS IMPLEMENTATION PLAN FOR EASTERN DUBLIN
9:46 p.m. 8.3 (600-30)
Parks & Community Services Director Lowart stated in order to process the planning
applications that are being submitted for Eastern Dublin, and to insure that park and
recreational facilities are being provided for in accordance with the Eastern Dublin
Specific Plan and Parks and Recreation Master Plan, it is essential to have a parks
implementation plan in place. To complete the parks implementation plan in a timely
manner, Staff is recommending that a consultant be retained to assist in the
development of the plan.
Ms. Lowart stated Staff proposes to enter into a Consultant Services Agreement with
Singer, Hodges & Evans for the development of a Parks Implementation Plan for
Eastern Dublin. The proposed fee for services is $6,200 and the fee will be recovered
through the collection of the public facilities fee in Eastern Dublin.
Mr. Ambrose pointed out that we went through a lot of discussion with the public
facilities fee and this will fit in with the public facilities impact fee and direction given
to resolve some of the issues.
Cm. Moffatt asked if it would be appropriate to carry this over to western Dublin and
Schaefer Ranch.
Ms. Lowart felt at this time they should concentrate on Eastern Dublin.
On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the
Council approved the Agreement with Singer, Hodges & Evans, authorized the Mayor
to execute same, and approved the Budget Change Form.
POLICE DEVELOPMENT REVIEW SERVICES
0:48 p.m. 8.5 (600-40)
City Manager Ambrose stated in order to process development review applications in a
timely manner and provide recommendations to improve security to new projects and
to minimize the potential for crime to occur, the Police Chief has recommended that
the City secure the services of Sgt. Dave DiFranco on a part-time basis for the next
several months. The additional cost for these plan review services would not exceed
$19,000 and costs would be recovered through project application fees.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council authorized the City Manager to secure additional services from the Sheriffs
Department to provide plan review for upcoming development projects during the
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remainder of FY 1995-96 and authorized an additional appropriation from New
Revenues in the amount of $19,000.
OTHER BUSINESS
9:51 p.m.
LAVWNIA/East Bay Dischargers Authori _ty (1030 ~ 30)
Mr. Ambrose stated we have been informed by DSRSD that they intend to terminate
the mediation services as a result of the last LAVWMA meeting. We are also a party to
the agreement. Most of the services are related to the LAVWMA project for sewer
expansion. The Pleasanton City Council recently took action which was not in
accordance with direction that DSRSD and Dublin was going with regard to sewer
services. The District feels that based on this action there is no need to pursue
mediation services any further. We thought we were close to agreement and we
proposed a lot of different alternatives which were rejected by a majority of the
Pleasanton City Council.
Pleasanton has indicated they will pursue their alternative with the East Bay
Dischargers Authority to downsize the pipe.
Tri-Valley Planning Committee (420-50)
Mr. Ambrose stated we've had some indication that other agencies want to get going
on the TV Planning Committee. Staff will bring this back to the Council.
Cm. Burton stated his feeling that we have enough cooks in the kitchen already.
ABAG Dues Increase (140-10)
Cm. Moffatt advised of an ABAG meeting coming up and they are requesting a 2.8%
increase in dues and also they have some cleanup motions for their bylaws. The dues
increase has been budgeted, so he wanted to let everyone know that he would support
this on behalf of Dublin.
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VOLUME 15
RE{iUI.hR MEETIS~
l~px~fl 9~ 1996
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ADJOURNMENT
11.1
There being no further business to Come before the Council, the meeting was
adjourned at 10:02 p.m.
CIT~r COUNCIL MIN~
VOLUME 11~
RE{IULAR MEETIN(I
Apx*fl 9, 1996
PAGE 197