Loading...
HomeMy WebLinkAbout06-16-1998 CC Adopted MinutesREGULAR MEETING - June 16, 1998 A regular meeting of the Dublin City Council was held on Tuesday, June 16, 1998, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PRESENTATION BY DSRSD BOARD MEMBERS RELATED TO THE DISTRICT'S NEW OTFER MASCOT 7:05 p.m. $.1 (960-10) Board Members Cynthia Jones announced DSRSD's new mascot, the otter. Recycling is very important and their motto is"You Otter Recycle". Mayor Houston stated he was on the committee that selected the winning name. Actually, the winning name .had 47 entries and he picked lucky number 15 and thus, Christine Gilbert who lives on Castle Court was declared the winner. Christine stated, when asked, that she named the otter Oscar. She said her Mom said it to her and she liked it a lot so that's how she "choosed" the name. OT¥ COUNOL MINUTES VOLUME 1 7 REGULAR MEETING June 16, ! 998 PAGE 2 70 APPOINTMENT OF DUBLIN MEMBER TO LAVTA'S WHEELS ACCESSIBLE ADVISORY COMMITFEE (WAAC) 7:09 p.m. 3.2 (110-30) Mayor Houston stated in accordance with the Bylaws of the WAAC, LAVTA solicited applications as a result of the opening due to the death last year of Mary Gibbert. Paul Moffatt applied and Mayor Houston recommended that he be appointed. Mayor Houston stated Mr. Moffatt is obviously well known in the community and we will rely on his experience and expertise in this regard. Mr. Moffatt thanked the Council for this appointment; it is one of the best they have made. He stated he is interested in working with the seniors since he is on the Senior Center Foundation. He hopes to have people learn more about the transit system here in the Valley. LAVTA has been very generous in developing a free pass for seniors. This will enable them to utilize the DART system. On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council confirmed the Mayor's appointment of Paul C. Moffatt to WAAC and directed Staff to notify LAVTA. APPOINTMENT TO SENIOR CENTER ADVISORY COMMITI'EE 7:11 p.m. 3.3 (110-30) Mayor Houston advised that due to the death of Mary Gibbert in December of last year, an opening has existed on the 5-member Senior Center Advisory Committee. Applications were solicited and he has appointed Carol Tomasa to fill the unexpired term. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council confirmed Mayor Houston's appointment of Carol Tomasa to the Senior Center Advisory Committee to a term ending in December of 2000. CITY COUNCIL MINUTES VOLUME ! 7 REGULAR MEETING June 16, ~ 998 PAGE 271 PROCLAMATION 7:12 p.m. 3.4 (610~50) Mayor Houston read a Proclamation recognizing and congratulating the Dublin High School Varsity Baseball Team for their 1998 Championship and wishing them the best of luck in their future sporting endeavors. This is the first time in history that this has occurred. Fortunately, or unfortunately, most of the team members are in Hawaii at this time. The Proclamation was presented to Head Coach Len Ferro and individual certificates were prepared for the team members: Mike Alger, Andy Avila, Jesse Beal, Jeff Crinklaw, Brian Hirsch, Nick Kavalaris, Manuel Leal, Ryan Neff, Sean Parker, Joe Parrish, Kyle Somers, Ryan Van Emmerick, Juan Vargas, Matt White and Charlie Wolf. Coach Ferro thanked the City of Dublin and the City Council for supporting them over the years. When you have a facility you are proud of, it makes the kids play better. They did Dublin High School and the City proud. Farmers' Market (470-50) Tom Benigno, Citizens Voice referenced the agreement between the City of Dublin and the Farmers Market. There are supposed to be 35 dealers and there are only 17 or 18 participants. If they don't continue to get their 35 producers, they could be in trouble with the agreement. They are going to say Donlon is not really where they want to be and they'll use this to be able to move it. He reported that information had come to him that there were 14 violations in California in 13 cities totaling $13,000. He will be the watchdog to make sure they are right. It is difficult for him to be in 350 different cities. There are some improprieties in the contract. If we are going to do it, do it right. CONSENT CALENDAR 7:I9 p.m. Items 4.1 through 4.22 On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING PAGE 272 Approved (4.1)Minutes of Regular Meeting of June 2, 1998; Accepted (4.2 600-30) work done under Contract 98-05, Shannon Center Interior Painting Project and authorized release of $2,480 retention payment to R. G. Painting Company after 35 days if there are no subcontractor claims; Adopted (4.3 600-30) AUTHORiZiNG THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WiTH ALL CiTY MANAGEMENT SERVICES, iNC. EOR THE PROVISION OF CROSSING GIJAIlD SERVICES Authorized (4.4 330-20) Staff to appropriate to Reserves, any Revenues in excess of Budgeted Expenditures as of June 30, 1998 (1997-98 Budget Modifications with regard to Article XIII B of the State Constitution); Adopted (4.5 600-30) RESOLUTION NO. 72 - 98 and APPROVING AGREEMENT WiTH DAVID EVANS, L~NDSCAPE ARCHITECT CONSULTANT RESOLUTION APPROVING AGREEMENT WiTH and authorized the City Manager to execute the agreements; Received (4.6 440-30) a report related to the Annual Review of the City's Building & Safety Services Contract with Linhart Petersen Powers Associates (LPZA); Adopted (4.7 910-10) RESOLUTION NO. ?4 -98 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE [OR THE DUBLIN HERITAGE CENTER ADVISORY COMMIITEE C~[TY COUNCIL MINUTES VOLUME 17 REGULAR MEETING Tune 16, t998 P^GE 2 73 Approved (4.8 600-30) a Consultant Services Agreement with Singer & Hedges, Inc., (not to exceed $16,350) for site improvements at the Dublin Heritage Center and authorized the Mayor to execute the Agreement; Adopted (4.9 630~20) IIE$OLIJTION NO. ?§ - 98 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CI~ OF DUB[I~ ON ~OVEUBER 3, 1~081 ~E~UESTI~ IHE I~EDI CO~ BOI~D OF S~E~VlSO~S TO WIIH IHE $1~IEWIDE GE~E~I[ ELE~IIO~; &ND SU[HO~IZI~G CE~I$1~ PBOCEDU~IL MA~E~S and ADOPTING IIEGIJL~TION$ FOil CANDIDATES [0~ ELECIIVE OEEICE PE~I~NING ~0 ~NDID~IE'$ $1~IEME~ ~ND ~HE COSY8 YHE~EO[ [O~ IHE GENE~[ MUNICIP~L ELECTION YO BE CONSOLIDAT[~ WiTH THE $TITEWIDE GENE~IL ELECTION TO B[ ~[LD ON TUESDAY, NOVEMB[~ ~, ~ 0~8 Accepted (4.10 600~ 30) improvements under Contract 98~01, Sidewalk Repair (remove & replace); authorized $28,933.34 payment to Strange & Chalmers and to release $3,214.81 retention after 35 days if there are no subcontractor claims; Accepted (4.11 600-30) improvements under contract 97-12, San Ramon Road Landscape Repair and Silvergate Drive Median Landscaping Project, Phase II; authorized $9,850.74 payment to RMT Landscape Contractors, Inc., and to release $6,158.73 retention after 35 days if there are no subcontractor claims; Adopted (4.12 600-30) IIE$OLtJTION NO. 77 - 98 LOll CONSULTING SEilViCE$ and authorized the Mayor to execute the agreement; CiTY COUNCIL M~NUTES VOLUME ! 7 REGULAR MEETING june 16, ! 998 PAG£ 2 74 Reviewed (4.13 600-40) the services and a proposed new agreement with Alameda County Public Works for Traffic Signal Maintenance, Street Lighting Maintenance, Real Estate Services, and Crossing Guard Services and adopted RESOtUIION NO. 78- 98 and authorized the ~ayor to execute the ag~ement; Received (4.14 3~0-50) the Financial Repo~ for the Month of ~ay~ Authorized (4.15 950-40) Staff to circulate Requests for Proposals for St. Patrick's Day Festival Management ~ices; 600-$0) Adopted (4.16 RESOLUTION NO. 79 - 98 DOUGHERTY HILLS SLOPE REPAIR, PHASE TO GRADE TECH, INC. ($~ ~ 9,800) Adopted (4.17 670-40) ~ESOLUIIO~ ~O. 80 - ~8 lPP~OVIg6 QUII~IM O~ ~O~IH AVENUE PROPER~ and authoriz~ the ~yor to execute the deed; Adopted (4.~8 4~0-40/600-60) (& TRACT DEVELOPER ~GREEMENT) CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING June 16, 1998 PAGE 2 75 Adopted (4.19 600~30) ilE$Ol-UTIO~t NO. 82 - 98 APPflOVING AN AGREEMENT WITH THOMAS & COMPANY, iNC. FOil ENGINEEIllNG SEIlVICES and authorized the Mayor to execute the agreement; Adopted (4.20 Adopted (4.21 and and and and 600~60) ilESOl-UTlOh~ NO. 83 - 98 8HE~ HO~ES 700~20) WiTH TH[ P[IlSONN[[ ItU[TS AMENDING THE BENEFIT PLAN AMENDING THE PEilSONNEL SYSTEM RULES ilE$OEUTfON h~O. 87 - 98 AMENDING THE ~IESOLUTiON ESTABHSHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SEIlVICE AND PIlE$CtIIB~NG LEAVE BENEFITS FOil THE POSiTiONS C~TY COUNCIL MINUTES VOLUME 17 REGULAR MEETING ~une t6, 1998 PAGE 276 Approved (4.22 (ECONOMIC DEVELOPMENT DffiECTOI:I) :300-40) the Warrant Register in the amount of $659,851.$1. Mayor Houston announced that Item 8.2 would be moved forward on the agenda. EMERALD GLEN PARK MASTER PLAN AND PHASE I DEVELOPMENT 7:20 p.m. 8.2 (920~$0) Parks & Community Services Director Lowart presented the Staff Report and advised that the Emerald Glen Park Master Plan had been developed which was one of the Council's 1997 high priority goals. Emerald Glen Park is located on Tassajara Road between Central Parkway and Gleason Road on the Santa Rita property in Eastern Dublin. The Master Plan outlines the present and future development of the park. The Council is being asked at this time to consider the proposed Phase I development of the park. The Master Plan Cost Estimate is: Landscape ~ $7,920,776; Infrastructure - $1,989,500; and Buildings ~ $13,633,250 for a total of $23,543,526. Ms. Lowart discussed the role of the Emerald Glen Park Task Force and stated they had 7 meetings over the last 6 1/2 months, one of which was a community workshop where the public was invited to comment on the preliminary Master Plan. In addition, the Draft Master Plan was publicly reviewed on 2 separate occasions by the Parks & Community Services Commission. The Commission unanimously approved the Draft Master Plan at their May meeting. Phase I Improvements would include: One 90' Diamond One Soccer (regulation) Four Tennis Courts (Lighted Play Area Skateboard Park Restroom Parking for 100 Cars Two 60' Diamonds One Soccer (overlap with diamond) Two Basketball Courts (Lighted) Picnic Area Plaza and Promenade Perimeter Trail Streetscape and Entries (2) CITY COUNCIL NINUTES VOLUlvIE 1 7 REGULAR I'qEETING june ~ 6, 1998 PAGE 2 77 Estimated cost for Phase I, including design and inspection is $3,808,775. Ms. Lowart discussed the financing of improvements detailed in the Staff Report. In conclusion, the Emerald Glen Park Master Plan lays the groundwork for park development by documenting the goals, priorities and design parameters which will govern the development of each phase. Ms. Lowart stated it should be acknowledged that the Master Plan could not have been accomplished without the dedication and commitment of the Task Force members. The Task Force began with a vision for a park that the community would view as a special place and make a statement about the Dublin community. The Master Plan is a reflection of that vision. George Zika asked that people on the Task Force stand. It was great that we didn't limit participation. It worked out absolutely great. They were all envious of Central Park in San Ramon. This is the first park that we've been able to design from the ground up. We will have the emerald of the valley. There's a basic cost of about $2 million to get this going. Mr. Ambrose, who is not known for being loose with a dollar, broke the log jam. They were very appreciative of this. When we get this done, we will be the jewel of the valley. There are no buildings in the first phase. He introduced Linda and David Gates, the experts. Linda Gates explained the process they went through in designing this park and shoWed several Picture boards and visual aids. The committee wanted this to be a very strong signature park. Dave Gates showed about 15 slides of the area. This is 50 acres of fiat land right now, but situated in what will be one of the key areas of our City. It has a major creek system and habitat zone and will be part of a trail system. He discussed the first impression zone surrounded by a small lake system, tied to a promenade, or outdoor corridor. There will be a whole cluster of uses clumped around a crescent; a pedestrian space. In the middle will be Town Square and this is really the heart of this plan. A large amphitheater will sit as a backdrop for the lake. There will be 1,500 to 2,000 people that can fit by gathering. Fireworks could be set off there. This would be like a small version of the Concord Pavilion. Wind is an issue, so it will be heavily planted. The buildings are close enough that activities can spill over into one another. Cm. Burton asked about arrangements for bus stops or pullouts. ' CITY COUNCIL b41NUTES ' VOLUb4E ~ 7 REGULAR MEETING June t~, 1998 PAGE 2 78 Mr. Gates stated hopefully we will see local transit and some jitneys, and some special types of transit there. They will work out the details in Phase I. Cm. Lockhart asked about the proximity of the ball fields and the play area to the water elements. She didn't know how close they were together. She was concerned that little ones might wander away from their parents and endanger themselves. Mr. Gates stated the lake has to be fenced for safety reasons. They wanted it as a visual element. Linda Gates discussed what will be included in Phase I. It will be a fairly ambitious schedule to go out to bid in August of 1999. They will be looking at bus circulation. This is 19 acres and a lot of the money is in the structures. Cm. Burton asked about the hook up with recycled water. Linda Gates stated they hoped this would be their irrigation source of water. Mr. Ambrose stated it is important to understand that the park is being built with Public Facility Impact Fees and we've done a rather lengthy study to ascertain what will be available. It may be a few years before Phase II comes on line. Mayor Houston asked about the time lag for Phase II. Mr. Ambrose stated it depends on what the City Council does with their library report. There are competing priorities for the money. The City must manage their cash flow and prioritize the projects. Cm. Burton clarified that this park is being built with monies coming from Eastern Dublin development. Mr. Ambrose stated in August of 1 ~ a portion of the facility will be available for use. Mayor Houston commended everyone who was part of the Task Force. Their efforts are appreciated. Ms. Ix>wart stated there will be additional public meetings to refine the first phase development. C T¥ COUNC mu'r[s VOLUME 1 7 REGULAR MEETING ]urie 16, 1 ~29'8 PAGE 279 On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council approved the Emerald Glen Park Master Plan and approved Phase I and authorized Staff to negotiate an agreement for design services for City Council approval at a future meeting. PUBLIC HEARING JEFFERSON AT DUBLIN DEVELOPMENT AGREEMENT PA 97~018 7:,51 p.m. 6.1 (600-60) Mayor Houston opened the public hearing. Senior Planner Jeri Ram presented the Staff Report and advised that a proposed ordinance is being presented for a second reading which would approve a Development Agreement between the City of Dublin and Alameda County Surplus Property Authority for the Jefferson at Dublin project.' The DA is required by the Eastern Dublin Specific Plan. Items included in the DA include, but are not limited to, the financing and timing of infrastructure and the payment of traffic, noise and public facilities impact fees. The Agreement provides for the dedication of 2.84 additional acres of land (above the Public Facilities Fee Requirement of 3.68 acres) for the future City Park to be located east of Tassajara Creek. This additional acreage will be dedicated early to enable the City to move forward on a new park at that location. The 2.84 acres will be credited to the developer and used as a credit for future projects towards their parkland dedication requirements. No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the ' Council waived the reading and adopted ORDINANCE NO. 8 - 98 APPROVING THE DEVELOPMENT AGREEMENT FOR PA 97-018, THE JEFFERSON AT DUBLIN PROJECT CITY cOUNC[L MINUTES VOLUME 1 7 REGULAR MEETING PAGE 280 PUBLIC HEARING - PA 97-020 PARK SIERRA APARTMENTS PHASE II PLANNED DEVELOPMENT REZONE 7:52 p.m. 6.2 (450-30) Mayor Houston opened the public hearing. Planning Consultant Jerry Haag presented the Staff Report and advised that this is the second reading of an Ordinance which would approve the Planned Development Rezone for PA 98-010, Park Sierra Apartments Phase II project. The project is located on a 5.7 acre site north of the Southern Pacific Railroad right- of-way (future Iron Horse Trail), east of Alamo Creek and west of the Arroyo Vista Housing complex. No public testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing~ On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9 - 98 AMENDING THE ZONING MAP I0 REZONE PROPERTY LOCAIED NORTH OF THE FORMER SOUTHERN PACIFIC RAILROAD RIGHT-OF-IItAY, EAST OF ALAMO CREEK AND WEST OF ARROYO VISTA HOUSING COMPLEX (APNs 941-0007-001-02 & 941-0007-002-00) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR PARK SIERRA PHASE I! (PA 98-010) PUBLIC HEARING - PA 98-016 EASTERN DUBLIN SPECIFIC PLAN AMENDMENT 7:54 p.m. 6.3 (410-55) Community Development Director Peabody asked that this item be withdrawn. There are no impacts on any projects underway. Staff needs to make a minor amendment. Mayor Houston stated the item was withdrawn. CITY COUNCIL' MINUTES VOLUME 1 7 REGULAR MEET{NG June 16, 1998 PAGE 281 PUBLIC HEARING BUSINESS REGISTRATION ORDINANCE 7:55 p.m. 6.4 (390-40) Mayor Houston opened the public hearing. City Attorney Silver presented the Staff RePort' and advised that this item is for the Council to review and consider amending the Business Registration Ordinance as it applies to fairs, festivals, farmers markets and special events. Ms. Silver explained that the City's Business Registration Ordinance (Dublin Municipal Code Chapter 4.04) requires all individuals doing business in Dublin to obtain an annual business license, which applies to the Dublin Farmers' Market, the Dublin Pasta & Jazz Festival and other similar festivals or events. Once UVFM and GoodTimes Promotion have obtained all required zoning and other applicable approvals and permits and have obtained a business license, the question 'becomes whether the individuals who sell food and/or goods at either event are also required to obtain a separate business license. Under the current terms of the Business Registration Ordinance, all individuals who sell food and/or goods would need to procure separate business licenses. Many cities allow small vendors and growers that participate in these types of events to work under the master business license of an operator. Ms. Silver stated in order to help promote the City through the use of festivals, fairs, farmers markets and special events, Staff suggested that the City Council consider amending the Business Registration Ordinance to clarify its application for festival-type activities. Ms. Silver stated two Ordinance were presented to the Council for consideration. Ordinance A would add a sentence to Section 4.04.020 at the end of the definition: "Person and persons shall also include the operator ora festival, fair~ farmers' market or similar event (organizer) and ali other persons who sen or offer to sell goods and/or food at the event (purveyors) through contract with the organizer or otherwise." Ordinance B would add this same verbiage and in addition, would add "Section 4.04.205- Master Business License for fesfl'val Organizers. The organizer of a festival, fair~ farmers' market or similar event shall obtain a master license for himself and ali purveyors of goods and/or food who will par~icipate in the event. CITY COUNCIL 'MINUTES VOLUME ! 7 REGULAR MEETING June 16, 1998 PAGE 282 No individual purveyors shall be required to obtain a separate license. Section 4. 04.330 is amended. Application - ~ First License. In the event the application is made for issuance ora master license to a festival orsanizer~ the application shall set forth the names and addresses of all purveyors~ and the goods and/or food to be purveyed. Any further information which the Collector may require to enable him or her to issue the license. Section 4. 04.250 ~ ~ Business Registration Fees is amended to read as follows: The business registration fees, which are found to be commensurate ~dth the cost of issuance of the license, are as follows: A. General business; S50 per business; B. Itinerant business~ SlOper day (limited to a maximum fee of $5O per calendar yeaG C. Temporaryplaces of sale~ $10 per day; and D. Master License for Orsanizer~ $50 per permitted event." Cm. Burton commented that many times the individuals are not that successful. He would rather see the master situation With one fee. He asked if an event had a list of 75 or so people, would we be able to check to make sure they are appropriate. Mr. Ambrose stated often times with festivals, we have people come into town and just slide in when they're not really a part of the event. Mayor Houston felt a master list would be easier on Staff. We would still be on top of this. Cm. Barnes clarified that GoodTimes Promotions would pay once and Farmers Market operators pay one fee per year. Cm. Lockhart felt we are contracting with a promoter and therefore there would be someone responsible for the list. If it streamlines this for Staff and makes the promoter responsible, then she agreed that it makes more sense and she would approve Option B. No public testimony was entered by any member of the.public relative to this issue. Mayor Houston closed the public hearing. Lt,~,., ~^~'~, On motion of Cm. Lockhart, seconded by Cm. ~' ahd by unanimous vote, the Council waived the ~ding and INTRODUCED Ordinance B which was Exhibit 3 of the Staff Repo2. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING June 16~ t798 PAGE 2.83 PUBLIC HEARING TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE 8:02 p.m. 6.5 (1060-90) Mayor Houston opened the public hearing. City Attorney Silver presented the Staff Report and indicated that this item would establish a Regional Transportation Fee to be paid by new development in Dublin. The collected fees would be spent on regional transportation improvements which are mitigations for the new traffic generated by new development. The 1-580/I-680 Flyover is designated as the first priority. Ms. Silver stated the TVTD Fee will be used to partially finance the following 11 Transportation Improvement Projects: 1) Improvements to the 1-580/1-680 interchange: construct a southbound z) 3) 4) 5) 6) 7) 8) 9) 1,0) 11) 1-680 to eastbound 1-580 flyover and associated improvements (not to exceed $5,548,300) Improvements to State Route 84 between 1-580 and 1-680 Auxiliary lanes along 1-680 from D~ablo Road to Bollinger Canyon road West Dublin/Pleasanton BART Station I-580 HOV lanes between Santa Rita Road and Greenville Road 1-680 HOV lanes from the State RoUte 84/I-680 interchange to the top of the Sunol Grade Improvements to the 1-580/Foothill Road/San Ramon Road interchange Improvements to 1-680/Alcosta BOUlevard interchange Crow Canyon Road safety improvement west of Bollinger Canyon Road Vasco Road safety improvements north of 1-580 within Alameda County Express bus service in the Tri-Valley area The total cost of these improvements is $535 million; $166 million of which the TVTC has already secured. Discussed other fees (per parcel). /Vis. Silver discussed the Required Findings, Amount of Fees, Annual Reports, and Environmental Review as detailed in the Staff Report Mayor Houston asked if we adopt everything and if everybody is not yet on board by September 1 st, then we don't start collecting? Ms. Silver stated yes, our fee will become effective when all the others are effective. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING PAGE 284 Cm. Burton commented this is the same fee that has been in the works for nearly 10 years. Mayor Houston stated at this time we are down to splitting the finest of hairs in getting this resolved. Everybody has an opportunity to opt out after 6 months, but if they opt out, they can't get back in. The list will be developed during the first months. [:very month, more and more projects are getting approved; not only in Dublin, but everywhere. The monies will be going into a treasury, so theoretically, if someone is in for a few years and collects potentially a couple million dollars, the money would stay in the bank, so it would not be advantageous for anyone to opt out. Cm. Barnes asked who had said yes so far. Ms. Silver stated the next item on the agenda addresses changes with the Joint Powers Agreement. Before the TVTC considered and recommended the changes, the Cities of San Ramon, Livermore, Danville and Dublin all approved the JPA and also the Board of Supervisors of Alameda County. The only one remaining was Contra Costa County who has not yet considered the JPA or the fee. She learned today that Contra Costa County has another issue and they will suggest a way the 5 cities and Alameda County can address Contra Costa County's concerns. We don't know for sure what the letter will say related to their concerns. She felt we can take action to alleviate their concerns: Cm. Lockhart asked if they talked about whose projects would produce the money and asked if Tassajara Valley was included. Mayor Houston stated Dougherty Valley was the big producer. What's happened recently doesn't affect it whatsoever. Cm. Lockhart asked if a treasurer had been selected. Mayor Houston stated no, but he hoped that Pleasanton will do this. They have volunteered their services. George Zika asked what exemptions there are from this fee. Mayor Houston stated he thought the only exemptions are alterations to existing structures, public schools, subsidized housing, government buildings and development subject to an existing development agreement. The fees will be paid when the building permit is pulled. c0uNci VOLUME REGULAR MEETING PAGE 285 Mayor Houston discussed the issue of exempting government buildings. Ms. Silver stated there is language which discusses governmental buildings for the public entity. Mayor Houston clarified that the beneficiary is the member jurisdictions, no one else. Mayor Houston closed the public hearingi On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted llE$0[UIION NO. 89 - 98 MODIFICATIONS TO THE JOINT POWERS AGREEMENT FOR THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE 8:18 p.m. 7. I (1060-90/600-40) City Attorney Silver presented the Staff Report and stated the Tri-Valley Transportation Development Joint Exercise of Powers Authority Agreement was approved by the Dublin City Council on May 5, 1998. Since that time, other member jurisdictions have requested revisions to the wording of the agreement. This item would make those requested modifications. Ms. Silver summarized the changes: 1) The first amendment of the Strategic Expenditure Plan (SEP) shall be forwarded as a "Circulation Draft" to all of the seven entities by a unanimous vote of the TVTC (Section 11 (b). Any of the parties may withdraw from the JPA and terminate the fee by giving notice within :30 days of the date the "Circulation Draft" of the first amendment of the SEP is forwarded by the TVTC. If any party gives such notice, the termination of its fee and withdrawal from the agreement shall not be effective until the 1-580/1-680 Interchange Project is constructed and the entities that have advanced funds are reimbursed (Section 18). This language assures that Dublin will be reimbursed for the contributions that it has CITY COUNCIL MINUTES VOLUME t 7 REGULAR MEETING june ~ 6., 1998 PAGE i?.86 already made for the Interchange Project pursuant to its Local Match Agreement, even if one or more parties withdraws from the agreement and terminates its fee. 2) The SEP shall include guidelines for credit for both developer-constructed and entity-constructed projects (Section 11 (b). 3) The SEP shall include guidelines to assure that Project Sponsors do not receive more in fee revenues than the amounts authorized in the SEP for the project (Section 11 (b). Cm. Lockhart asked if this will be like projects subject to readiness and if a project that is third on the list could supersede number two if it is closer to being ready. Mayor Houston stated there is flexibility built in so if you have an opportunity to get something done, you can change the Plans to do this. We never know when we may get additional funds or what the needs will be in the future. We need flexibility. This is built in. It takes unanimous consent. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted llESOLUIION NO. 90 - 98 APP~IOVING $OINT EXEllCISE OF POWERS ~G~EEME~I PE~I&INI~G ~ IHE I~I-VSEEEY IRINSPORIIliON DEVEEOPMENI FEES PA 98-034 MACARONI GRILL (AT HACIENDA CROSSINGS) SITE DEVELOPMENT REVIEW 8:22 p.m. 8.1 (410-30) Senior Planner Ram presented the Staff RePort and stated a Resolution is being presented which would approve the Site Development Review application for Macaroni Grill at Hacienda Crossings, located at the southeast corner of Hacienda Drive and Dublin Boulevard. The 7,144 Sq. ft. restaurant is proposed adjacent to Hacienda Drive in the 53-acre Hacienda Crossings site on a 12,000 sq. ft. pad. Ms. Ram stated the fiscal impacts of this project were addressed as part of a fiscal analysis performed for the project and the City Council reviewed the fiscal analysis as part of the PD Rezone and Development Agreement applications in January of 1995. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING PAGE 287 Ms. Ram advised that Macaroni Grill's architects are Cortland Morgan Architects from Dallas, Texas. Cortland Morgan Architects worked with the architects for the Center, SGPA, and Staff to refine their Standard design for the site. Landscape architects are Gates & Associates of Danville, CA. Ms. Ram discussed the Site Plan, ElevationS, Landscap!ng, Consistency with the General Plan, Eastern Dublin Specific Plan and Zoning Ordinance, Environmental Review, and Departmental and Agency Review, and summarized that the City Council's approval would allow for the development of Macaroni Grill as part of the Hacienda Crossings Commercial Center. The restaurant's design and theme will work with Hacienda Crossings to create a new entertainment and retail center for the City. It will be an exciting addition to the City of Dublin. Cm. Burton asked if they serve more than macaroni, and if they have other places around the area. Cm. Barnes stated she would make the supreme sacrifice and test out their other restaurants. Mr. Ambrose stated he visited the Santa Clarita site and the food was excellent and it was a real nice restaurant. Cm. Barnes asked how soon she can make reservations. Ms. Ram encouraged everyone to take a drive out and see what's happening. Everyone wants their building permits now. Staff is pleased with the progress we are seeing. Things are definitely getting underway. asked about the theater project. Mayor Houston Ms. Ram stated in the last few months we have seen a big interest in getting started. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted IIESOLUTI0N NO. 01 - 98 A POI1TION APPIIOVING PA 08-034, MACARONI GRILL SiTE DEVELOPMENT REVIEW, OF THE HACIENDA cROssINGS ENTEI1TAINMENT CENTEI! CITY COUNCIL MINUTES VOLUblE 1 7 REGULAR FLEETING June 16; 19~18 PAGE 288 OTHER BUSINESS Budget Hearing (330-20) Mr. Ambrose reminded everyone of the budget hearing on June 29, beginning at 6:00 p.m. The Budget will be forthcoming in the next day or so. Meeting with State Assembly Member Leach (610-85) Mr. Ambrose reported that a copy of an invitation had been distributed to attend a business roundtable with Lynne Leach this Friday at the Lafayette Park Hotel. Cm. Barnes indicated she would be attending the breakfast. Dublin Farmers' Market (470-50) Cm. Lockhart stated she had gotten a lot of comments regarding the first farmers market. There are truly not a lot of produCe vendors and not a lot of variety of fruits and vegetable. She still had concerns that there are no bathroom facilities at all. The advertising for the first week was good, but since then it has lessened. She has concerns on how we will encourage vendors and entice the public if there is not enough produce available. Cm. Barnes stated she attended the first farmers market and really enjoyed herself. The farmers will probably use the rain excuse for lack of produce. Mayor Houston requested that Staff keep up on this. Cm. Barnes stated she heard some comments about the wind, but everyone knows that Dublin and wind go together. Cm. Burton stated the cherries and peaches and avocados were excellent. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING June 16; 19'98 PAGE 289' American Cancer Society_ Relay for Live (130-60) Cm. Lockhart stated something happened in Dublin this last weekend that should make us all proud. Chief Thuman chaired the American Cancer Society event this year, the Relay for Life. She stated she wished to publicly thanked him for all his hard work. Also Michelle Wierschem in the Recreation Department volunteered her time to provide a whole day of entertainment. She is very proud of Dublin and to see the support for the ACS. People involved were really excited to see the big response from Dublin. Our City was made proud last Saturday. Mayor Houston felt next year for the fireworks celebration, perhaps we should let more people know about it. League of CA Cities Meeting (140-20) Cm. Barnes stated she attended the League of California Cities policy committee conference in Burbank last week. They got their fill of the VLF and they are now becoming experts. Concert @ Civic Center (950-40) Cm. Barnes reminded everyone that Friday evening at 6:30 p.m., another concert will be held at the Civic Center. The band, The Fundamentals, will play rhythm and blues music from the 60s and 70s. Dublin Youth Football will be selling food. Village Parkway Improvements (470~ 50) Mayor Houston commented that on Village Parkway (at Amador Valley Boulevard), we've seen another gas station close. They did cut down the weeds at this site. He felt the Council might want to take on the issue of making Village Parkway more pedestrian friendly. This should be before we have new buildings built there. We should step back and think about it. Do we want another gas CiTY COUNCIL !'41 TES VOLUME 1 7 REGULAR MEETING June 16, 1978 PAGE 2?0 station there, or something else? He noticed that there are currently some things happening on Village Parkway and maybe the Downtown Task Force should take a look at this. You have to study it first to see what we may want to go there. Cm. Lockhart stated there is no shortage of ideas on the part of the Task Force. Mr. Ambrose stated Staff would bring back an item on this. Traffic Control/Enforcement - Hansen Ranch (590-30) Mayor Houston discussed the fact that up at the Hansen Ranch development, there has been discussion with some of the neighbors regarding speeding and traffic on Bay Laurel Street. The City hasn't taken the street yet. This is an issue and a problem. Some of the improvements haven't been done. Mr. Thompson is looking at dividing up some of the issues from the development agreement so the City may be able to take the street and can therefore provide enforcement. Staff was requested to provide a status update on this situation. Property Maintenance at Workbench Hardware Store Site (530-20) Cm. Barnes advised that we are approaching the one year anniversary of the big Dublin fire at the Workbench Tm-Value Hardware Store, and she felt the time is long past when the property could have been cleaned up and fences removed. This could be a respectable corner, Amador Valley Boulevard and San Ramon Road. Mayor Houston asked what avenues we have regarding the site. Mr. Ambrose stated the Building Official has attempted to get Mr. Nichandros to take the fence down. It may be time to look at other options. He stated Staff can prepare a report on what our legal avenues are. Mr. Peabody stated we did get him to clean up all the debris. We can see what we can do about the rest. CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING :lune ~ 6, ~ ?9'8 PAGI~ 291 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:43 p.m. ATTEST: CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING June 16, '~ 998 PAGE 292