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HomeMy WebLinkAbout04-02-2002 Adopted CC Minutes REGULAR MEETING - APRIL 2, 2002 A regular meeting of the Dublin City Council was held on Tuesday, April g, 2002, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika, and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. CERTIFICATION OF MARCH 5, g002 ELECTION RESULTS 7:05 p.m. $.1 (630~30) City Clerk Kay Keck presented the Staff Report and advised that a Special Municipal Election was held in the City of Dublin on March 5th to elect a Councilmember to fill the remaining term of Janet Lockhart, who in November 2001 was appointed Mayor. There were 4 candidates for the one position. The candidates were Shawn Costello, Mark Breazeal, Tim Sbranti and Suzanne Flores. Dublin's voter turnout was 31.7%. Tim Sbranti received GG.2% of the votes and was elected to the City Council with a term ending in November of 2004. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 36- 02 RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2002, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 92 ADMINISTRATION OF OATH OF OFFICE 7:06 p.m. $.2 (640-60) City Clerk Kay Keck administered the Oath of Office to newly elected Councilmember Tim Sbranti, and presented to him a framed Certificate of Election. SELECTION OF VICE MAYOR 7:09 p.m. $.$ (610~20) On an annual basis, generally in December, the Council selects one of its members to serve as Vice Mayor. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. In December of 2001, the Council was unable to select a Vice Mayor and directed Staff to again place the issue on the agenda following the election of a fifth Councilmember. The Council rules state that the procedure for selection of Vice Mayor shall be in accordance with the current edition of "Robert's Rules of Order". This procedure is as follows: · The Mayor opens nominations. · Any member can make a nomination. · Nominations do not require a second. · After each nomination, the Mayor repeats the name. · The Mayor closes nominations when no further nominations am coming forward. · The Mayor then asks for a vote. · When mom than one person has been nominated, the Mayor takes the vote on the candidates in the order in which they were nominated. · The Mayor announces the remits of this vote. · This procedure continues until someone receives a majority vote. Mayor Lockhart indicated her respect for all Councilmembers. One Councilmember serves as her alternate on 80% of all committees. She stated she felt Cm. McCormick. would be the best choice for Vice Mayor. Cm. Oravetz nominated Cm. Zika. He has been on the Council for 3 years and was on the Planning Commission for 11 years. Mayor Lockhart declared nominations closed. Mayor Lockhart called for a vote on Cm. McCormick. Those in favor were Mayor Lockhart, Cm. McCormick and Cm. Sbranti. Opposed were Cm. Oravetz and Cm. Zika. Cm. McCormick will serve as Vice Mayor until December, 2002. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 93 CITY COUNCIL ORGANIZATION/COMMITTEE APPOINTMENTS/ASSIGNMENTS 7:11 p.m. :3.4 (110-$0) An updated appointment list was approved in December, 2001. The Council left several appointments blank and determined that these openings would be filled by the newly elected Councilmember. Staff requested that the Council review the appointment list with Cm. Sbranti's name inserted in the blanks, discuss and/or make any desired changes, confirm the updated Mayor's appointment list, and direct Staff to notify appropriate agencies. Cm. Oravetz stated he is on the Library committee. He asked Cm. Sbranti to take over. He would be alternate. COMMITTEE REPRESENTATIVE Alameda Co. Fire Department Advisory Commission Lockhart Alameda County Housing Authority McCormick (co.,.~ Alameda County Library Advisory Commission Oravetz/SBRANTI (Alternate) Alameda County Mayors' Conference Lockhart Alameda County Waste Mgmt Authority JPA Lockhart/SBRANTI (Alternate) Audit Ad Hoc Committee McCormick/Oravetz Association of Bay Area Governments General AssemblyMccormick/Zika (Alternate) Bus Shelter Art Selection Committee McCormick Cityhood (20 Year) Celebration Ad Hoc Committee Lockhart/Zika Citizen/Organization of the Year McCormick/Oravetz Congestion Management Authority Zika/SBRANTI (Alternate) Downtown Study Task Force Lockhart DSRSD Liaison Committee Lockhart/Zika Dublin Pride Week Committee McCormick/Oravetz Dublin Unified School District Liaison Committee LockhartJMcCormick East Bay Division/League of CA Cities Oravetz/McCormick (Alternate) East Bay Regional Park District Liaison Committee LockhartJMcCormick Energy Feasibility Study Subcommittee Lockhart/Oravetz Housing (Affordable Housing Task Force) Zika Housing (Non-Residential Linkage Housing Task Force)Lockhart CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 94 Housing Element LockhartJZika i-580 Corridor/BART to Livermore Study Policy Committee Zika/McCormick (Alternate) Job Training Partnership Act/PIC SBRANTI League of CA Cities Voting Delegate &Altemate Oravetz/McCormick League of CA Cities Legislative Delegate Program Oravetz/SBRkNTI (Alternate) Livermore-Amador Valley Transit Authority JPA Lockhart/Oravetz/SBRANTI (Alt) Livermore City Liaison Committee Lockhart/McCormick Pleasanton City Liaison Committee LockhartJMcCormick San Ramon City Liaison Committee Lockhart/Oravetz Sister City International Committee Lockhart/McCormick Tri-Valley Affordable Housing Committee Zika/McCormick (Alternate) Tri-Valley Transportation Council McCormick/Zika (Alternate) Zone 7 Liaison Committee Lockhart/McCormick Cm. Oravetz stated he would like to switch positions on the Alameda County Library Commission board. Cm. Sbranti could be the representative and he would assume the alternate position. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council approved the appointment list with the one noted change. PROCLAMATION 7:13 p.m. 3.5 (610-50) Mayor Lockhart read a Proclamation declaring the month of April as Child Abuse Prevention Month and called upon all citizens to increase their participation in efforts to prevent child abuse, thereby strengthening the communities in which we live. 7:16 p.m. Diane Hudson, President of Dublin High Band Boosters advised that members of the DHS Band and Guard Unit were present. Recently the Sanyo, Japan girls marching band and baton team visited Dublin. Many hosted them in their homes and it was a great experience. On the 18th there was a joint concert. She thanked the Mayor for attending. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING Apri~ 2, 2002 PAGE 95 Ms. Hudson introduced Miles Linway. His mom was instrumental in finding homes to host the girls. Kimberly Hudson, who represents the dance part of band was introduced. Mayor Lockhart stated the performances were wonderful. To send back to the friends in the Sanyo Band, she presented City key pins. Also, matching pins were given to each of our band members. She stated we respect everything they do both here and around the world. Kimberly Hudson stated this means a lot to them. This year has really been a step forward for them. They hope to get a lot of respect and acknowledgment for everything they do. She stated the little calendar mishap was alright, but don't let it happen again. Miles Linway stated the bands really appreciated the Mayor attending their event. Cm. Sbranti talked about how hard they work. They have done a great job. They met the band from Japan two years ago when they were in Ireland. 7:21 p.m. State Senator Tom Torlakson congratulated his good friend Tim. He will be joining a great team and accomplish a lot for this community. With regard to the Transit Center, he pledged his support for our efforts. A housing bond is coming up for a vote this week. Hopefully, this will be put on the ballot. He had $100 million added to the bill to reward cities who are trying to do the right thing. Senator Burton is author of this bill. Another is legislation SB 1262 which would reward cities for doing the kind of things Dublin is doing to provide incentive grants. Merging ABAG and MTC is another bill that makes sense. We need to integrate the thinking process for transportation and housing planning. He will fight with us on the VLF to make sure our budget will not be in jeopardy. He stated he looks forward to working with us. Cm. Oravetz stated he was a representative for the Alameda County Library and they have a bill to return ERAF monies. He asked where this is now? Senator Torlakson stated he is determined that they will return monies to libraries as well as park and recreation districts and SB 423 would return the general property tax that was taken away from cities. It will resurrect next year. Cm. Sbranti stated he appreciates his support and taking time from his busy schedule. He is a true friend of local government. CITY COUNCIL MINUTES VOLUME Z 1 REGULAR MEETING April 2, 2002 PAGE 96 Mayor Lockhart commended the whole concept of a housing bond that offers a carrot instead of a stick. The whole object is to get it done. People have to make tough choices. This is a breath of fresh air. Senator Torlakson stated the City may want to go on record in support. 7:27 p.m. A1 Hunter, Jade Circle, President of the Dublin Lions Club stated he appreciated the positive words from the last meeting about the St. Patrick's Day parade. Mr. Hunter stated as a private citizen, he wanted to congratulate this City Council on the way they transitioned from one Mayor to another. It worked; unlike certain other cities. There is something missing from this Council and that is a voting block. Everyone is a free thinker who listens to the facts and then makes their decisions. He also commended the City on its 20th anniversary. Congratulations to the Council. CONSENT CALENDAR 7:29 p.m. Items 4.1 through 4.13 Cm. Oravetz pulled Item 4.2. Mayor Lockhart pulled Item 4.8. Cm. Sbranti pulled Item 4.9. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March 19, 2002; Authorized (4.3 580~40) $1,335 Budget Change for remaining California Law Enforcement Equipment Program Funds; Directed (4.4 660~40) Staff to draft a letter to the City's Stage legislative representatives for the Mayor's signature in support of SB 1509, Affordable Housing Incentives; CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 97 Adopted (4.~ 600-40) RESOLUTION NO. 37- 02 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2002-03 ($87,335) Accepted (4.6 580~40/150-70) gift of $4,400 to Dublin Police Services for the "Adopt~ A-Cop" trading card program; formally recognized the 41 local businesses that donated the $4,400; approved the Budget Change; and directed Staff to prepare formal acknowledgements to the donors; Received (4.7 470~50) Report providing an update on the Tri~Valley Convention & Visitors Bureau activities; Authorized (4.10 600~$5) Staff to advertise Contract 02~05, Annual Street Overlay ' Project for bids; Adopted (4.11 600-30) RESOLUTION NO. 38- 02 APPROVING AMENDMENT TO AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR RIGHT-OF-WAY SERVICES FOR THE WIDENING OF DUBLIN BOULEVARD FROM VILLAGE PARKWAY TO SIERRA COURT Authorized (4.12 600~60) the City Manager to accept the final park improvements for Ted Fairfield Park and Parcel J of Tract 6925 within Dublin Ranch Phase I, pending completion of the remaining minor remediation; authorized Staff to accept a $$52,728 maintenance bond at a future date; and adopted RESOLUTION NO. 39 -02 ACCEPTING PARK IMPROVEMENTS AND DEDICATION OF PARCEL J, TRACT 6925 WITHIN DUBLIN RANCH PHASE t CITY COUNCIL MINUT£S VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 98 Approved (4.13 300-40) the Warrant Register in the amount of $1,828,312.92. Cm. Oravetz pulled Item 4.2. He noted that the consultant to deal with the AT&T merger is going to cost us $2,000. He asked if this is something City Staff could do? He also asked if we could get a consultant from within Dublin in this matter. Mr. Ambrose explained that this particular consultant is well schooled in a complicated field called cable television. We have hired this person jointly with the 3 other cities to advise us on the complexities of the telecommunications act. He stated he is not sure we have someone in this field in the City. There is an opportunity to try and get the money reimbursed from the television folks. It is a complex field. Staff doesn't understand the intricacies and the changes that are occurring. Mayor Ix)ckhart stated having served on the sub-committee, the issues are quite extensive and it is important to get the best for all 4 cities in the valley, as well as look at regional needs. These are people that have gone across the country negotiating with AT&T, so this really helps us out. She agreed that Dublin people could be used whenever possible. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council approved (4.2 1050-10) $2,000 Budget Change related to the review of FCC Form 394 for merger of AT&T Broadband and Comcast Corporation. Mayor Lockhart pulled Item 4.8 and asked which piece of artwork this is. Ms. Ix)wart explained it is the one out front. Mayor Lockhart asked if we can move any piece of art. Ms. Lowart stated if we moved it, we would have to fund the moving costs. On motion of Mayor Lockhart, seconded by Cm. Sbranti, and by unanimous vote, the Council authorized (4.8 600-30) the Mayor to execute an Amendment to the Agreement for Temporary Display of Sculpture at the Dublin Civic Center "Steel Watercolor//99. Cm. Sbranti pulled Item 4.9, the artwork for Emerald Glen Park. He asked if this piece was handled different than the normal process? Ms. Ix)wart stated this is the largest commission that DFA has undertaken. This one we are actually having an artist come on board to work collaboratively and we will bring the CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 99 proposed piece forward at the same time as the schematic design on May 7*h. The City Council will be able to comment and provide input. Cm. Zika asked if this will go to the commissions? Ms. Ix)wart yes it will go to both the Heritage & Cultural Arts Commission and the Parks & Community Services Commission. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council authorized (4,9 600~30) the Mayor to execute an Agreement for Emerald Glen Park Art in the Park Project. PUBHC HEARING DOWNTOWN CORE SPECIFIC PLAN AREA REZONING PA 02~005 7:37 p.m. 6.1 (410~55/450~30) Mayor Lockhart opened the public hearing. Associate Planner Kristi Bascom presented the Staff Report and advised that the intent of rezoning the parcels within the Downtown Core Specific Plan area is to bring the zoning designations for the area into conformance with the land use designations contained in the Downtown Core Specific Plan, which was adopted by the City Council on December 19, 2000. The Downtown Core Specific Plan area is approximately 51 acres of land located north of Dublin Boulevard and west of the 1-680 freeway. It contains several of Dublin's major retail establishments, including Safeway, Dublin Honda, Target, Circuit City and Expo Design Center, as well as a mixture of smaller restaurant and service uses. Staff felt that one zoning district applied consistently to all properties in the Specific Plan Area will provide the clearest direction on what development is desired for the Downtown Core. Using a Planned Development zoning district that is based on the Downtown Core Specific Plan for this purpose will ensure that the SP development regulations guide all future development. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 100 On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. PUBLIC HEARING - TOLL BROTHERS - DUBLIN RANCH AREA A, NEIGHBORHOOD A1 ~ DEVELOPMENT AGREEMENT PA 01 ~010 7:39 p.m. 6.2 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this Ordinance would approve a Development Agreement be~een the City and Toll Brothers, as required by the Eastern Dublin Specific Plan. This project is part of Dublin Ranch Area A, comprised of 369 +_ acres of mixed~use development including Single~Family gesidential, Open Space/Golf Course with appurtenant structures, and a Neighborhood ge. creation Facility. The Planning Commission, on August 28, 2001 approved a SDR for Neighborhood A~I of Dublin Ranch Area A. The Tentative Map (Tract 7136 for Neighborhood A~ 1) seffing the lot pal~erns for this subdivision was approved by the Planning Commission on July 25, 2000. Dublin Ranch Area A~ 1 is located west of Fallon Road and northerly of the existing L~5 subdivision of Dublin Ranch Phase I. The project site is also easterly and northeasterly of the existing L~6 and L~I neighborhoods in Dublin Ranch Phase I. The project site is completely surrounded by the 'ffront nine" of the proposed Dublin Ranch Golf Course. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. I -02 APPROVING A DEVELOPMENT AGREEMENT FOR PA 01-010 TOLL BROTHERS (TOLL CA I!, L.P.) FOR NEIGHBORHOOD A-I OF DUBLIN RANCH AREA A CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 101 PUBLIC HEARING - TOLL BROTHERS - DEVELOPMENT AGREEMENTS FOR DUBLIN RANCH AREA G (NEIGHBORHOODS H~I, H~Z: MH1 & MHZ) PA 01-009 7:41 p.m. 6.3 (600~60) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this is the first reading of an Ordinance approving Development Agreements between the City of Dublin and Toll CA II, L.P. The DA's are required by the Eastern Dublin Specific Plan. The Agreements will vest the project approvals rew~ntly granted by the City Council. The applicant is requesting a 10-year DA. This project is part of Dublin Ranch Area G comprised of 86.4 acres of medium high and high density residential, village center mixed uses, a neighborhood park and a neighborhood square. The Planning Commission in January, 2002 approved a SDR for Area G neighborhoods MH-1, MH~2, H~I and H~2. The Tentative Maps (Tracts 7324, 7325, 7326 & 7327) setting the lot pattern for these subdivisions were also approved by the Planning Commission in January, 2002. Dublin Ranch Area G is located east of Tassajara Road and north of I~580. The project area is entirely vacant with no structures. Grading has occurred to create the proposed lots and streets and some street pavement has been installed. Upon completion of the DA process by the City Council, building permits can be issued. Cm. Zika discussed the applicant paying $100,000 per year to get agreements extended, and asked who makes this decision. Mr. Ambrose stated they would be able to extend on a year~to~year basis and pay the City $100,000. It would be automatically extended, once they submit their check. Mayor Lockhart stated she felt this is a pretty strong incentive. Mr. Ambrose stated they sat down and talked to the developer. These don't come up very often. Staff felt there needed to be some incentive to keep them going toward our affordable housing goals. The money goes into the City's General Fund. Cm. Sbranti asked about their incentive in wanting to extend the agreement. Mr. Ambrose stated H2 is a very complicated project and has an underground parking garage and they were concerned that they may not meet the 5-year terms. They were CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 102 also concerned about decisions of a future City Council. The City Council granted an 8- year term on Commerce One, but of course, this didn't actually happen. Cm. Zika stated the two projects that will have affordable housing will have underground parking and the water table being what it is in Dublin, they will be difficult. They're not sure which units will sell best. They have to start this right away. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance. Schedule next meeting. EASTERN DUBLIN PROPERTIES SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, PLANNED DEVELOPMENT (PD) PREZONE (STAGE I DEVELOPMENT PLAN), PRE-ANNEXATION AGREEMENT AND RESOLUTION FOR REORGANIZATION APPLICATION TO LAFCO 7:48 p.m. 6.4 (620~20/600~$0) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff Report, gave baclqgxound information, and advised that this item is for Council consideration of the following: (1) certifying the Supplemental Environmental Impact Report; (2) introducing an Ordinance approving a Prezoning/Stage 1 Development Plan for an area 1,120 acres in size that is located in an unincorporated area of Alameda County bounded by 1-580 to the south and Fallon Road to the west, and City's Sphere of Influence line to the east and north; ($) execution of a Pre~Annexation Agreement between the City and Braddock & Logan Group; (4) and a Resolution authorizing Staff to submit a Reorganization Application to LAFCO to facilitate annexation of the area to the City of Dublin and DSRSD and detach the area from Livermore Area Recreation and Park District The project area is approximately 1,120 acres in size and is located in an unincorporated area of Alameda County bounded by I~580 to the south and Fallon Road to the west. The project area abuts the eastern Dublin City limit boundary. Approximately 472 acres of the project area are included within the City's Eastern Dublin Specific Plan boundary, while the remainder is within the 1993 Eastern Dublin General Plan Amendment area. The entire project area is located within the City of Dublin's GP Planning Area and CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 103 Sphere of Influence. The project area consists of 13 different parcels of land, under 11 separate ownerships. Mayor Lockhart asked about existing and proposed parkland in the area. Mr. Byde pointed out all the green areas designated on the map. Mr. Ambrose stated the land uses are taken from the EDGP and SP. A 68~acre sports park would be built. Cm. Sbranti asked about open space. Mr. Byde pointed out the areas that will be open space. Some of the steeper areas of the site will be one dwelling unit per 100 acres. Cm. Zika referenced attachment 4, which says project has to be revenue neutral. Does this change if we tamper with any of the prezoning? Mr. Ambrose replied no, it does not. 8:05 p.m. Mayor Lockhart stated Jerry Dzakowic, Tesla Road, Livermore, indicated on his Speaker Slip that he did not wish to speak. He attached a copy of the letter from Stuart M. Hashman with various areas of the letter highlighted. Margaret Tracy, Madison Avenue, Livermore, asked about the letter from Stuart Flashman and if it had been received. This was done 9 years ago and a lot of things were very different then. 1-580 is very slow and often times stopped. There are concerns about endangered species and habitat and trails and the distance away from arroyos. One of the suggestions made in the letter was while we look at mitigation measures for traffic impacts, it would be good to consider a traffic fee that will help in improving this situation someday. The cumulative impacts were also mentioned in Stu's letter. Sprawl is no longer an accepted thing. People are now talking about smart growth near transit centers. She requested that we reexamine the plans drawn up 9 years ago for this area. Ted Fairfield stated he was representing Braddock & Logan indirectly. He characterizes what's before the City Council as a bottom line of making land available for annexation. No development rights are being assumed. LAFCO has the requirement that it must be prezoned. This has nothing to do with private plans. Development permits can only be obtained after annexation and complete stage 2 planning. This same package was CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 104 presented to the Planning Commission last week and he stated he understood it was approved unanimously. This is contiguous to city limits, so this is smart growth. This is near transit stations and residents will be subsidized in some way with transit. There seems to be a perception that the City of Dublin is really piggybacking this on a 9~year~ old EIR. Mr. Byde made it clear that the Supplemental EIR in both draft and final form speak to virtually all the changes anybody brought up. They were responded to in some depth and adequately. Kenneth Craig, Trevarno Road, Livermore, Superintendent for LARPD, stated he submitted more comments to the final documents. He read a statement from Dale Turner Chairman of LARPD Board of Directors, expressing concern to our approach to this project. The environmental work we have undertaken is inadequate. He apologized for the lateness of the letter, but only received the EIR on March 22~a and had very little time to respond. They request that we not accept Staff recommendation to certify documents this evening and not forward to LAFCO for consideration. The district wishes to resolve this amicably and if not they will take action available to them. Mr. Craig introduced Legal Counsel Michael Kyle. Mr. Kyle stated he was here this evening on behalf of LARPD, a client since 197¢. It is their position in this matter that contrary to what the Supplemental EIR says that any and all significant impacts which might affect parks & recreation were considered in the 1993 document- they couldn't disagree more strongly. Dublin is the lowest number in the valley when comparing population to parkland and Livermore is the highest. The park district :has jurisdiction in all the unincorporated area of Murray Township. He stated he found it ironic that Torlakson was here talking about what ERAF has cost cities and special districts. He talked about costs to run parks. A study came to an opposite conclusion that some of the people won't migrate to the LARPD facilities. 5 acres per thousand. When this died down last year, they hoped they would be able to meet and do something with Dublin Planning Staff. Unfortunately, there was one meeting which lasted about 30 minutes and had very little to do with park discussion. They feel this project will have great environmental impacts. The environmental document before you this evening is inadequate and they asked that the Council not certify it. Mayor Lockhart asked if they consider Brushy Peak a regional or city park. Mr. Kyle responded it is clearly not in the city limits of Livermore. There are modest fees if you drive a car into Sycamore Grove. Janice Gan, Tracy, stated she works for Fish & Game and came to clarify some of the issues to response from F&G viewpoint. There is a plan moving forward for the North CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 105 Livermore area and can be folded into the Habitat Conservation Plan. With regard to mitigation impacts, there is not a lot of detail included in the plan. Timeframes should be specified. She discussed the Endangered Species Act. This is not adequately addressed. The protocols are still changing. Cm. Zika commented this is like trying to hit a moving target. Ms. Gan stated this is why you get an agreement. Then you have your terms and specifications spelled out and they don't change. Cm. Sbranti asked if this could happen with an individual plan. Ms. Gan responded that this is the old way of thinking, coming in project by project. Looking at this on the whole is a much better way of doing it. This project does go to the edge of the SOI and the parcel next to this is designated future agriculture. Mayor Lockhart stated it is not designated as anything. Mr. Ambrose stated the Council directed Staff to look at detaching this. Ms. Gan stated they would like to get conditions written into the EIR that applicants get permission from Fish & Game and try to get benefits from a large~scale project. She recommended that we not certify this EIR unless we adopt their additional comments, which they feel are relevant. Mayor Lockhart closed the public hearing. Mayor Lockhart stated some interesting issues and comments were discussed. Some are a matter of semantics. Some people simply don't agree with the answer. The parks issue is probably not as strong as Mr. Kyle feels. The City has planned a large number of parks in this area and will meet its goals and responsibilities. People regionally will migrate to a specialty park. People will also migrate towards infrastructure because they are the easiest to get to. There are things that will probably be worked out with habitat plans. Everyone will look at these things when they come up. Once annexed, we will have control over looking at these. It will meet all regulations and will fall within the laws. She has reviewed the revised Supplemental EIR and all issues brought up have received responses. Cm. Zika stated regarding the EIR, he would love to have a habitat plan, but we get generalizations and are told they don't have enough staff to deal with this. He needs data and information, not somebody's theory. Regarding parks, he stated he has lived in this CITY COUNCIL MINUTES VOLUME g 1 REGULAR MEETING April 2, 2002 PAGE 106 Valley for 30 years and has never ever been to a Livermore park. We are more than happy to share Emerald Glen Park with everyone in the Valley. Staff has provided enough for them to make informed decisions on the environmental impacts and has done an excellent job and he stated he recommends approval of the EIR. Cm. McCormick stated she read carefully the EIR and was mystified that people keep referring to the 1993 ElK These all reflect the current situation. She stated she is interested in the Habitat Conservation Plan. This is a fine document and we should move ahead. A prezoning is very early in the process. No one is going to go out with a shovel and start turning dirt. Another issue for when we get to the real parts of zoning, we need to look at our churches and places of worship. We have not planned for the spiritual life of this community. This is one of her priorities as we move forward, to be sensitive to the churches. Cm. Sbranti referenced the comment about how this adds to sprawl and stated he sees this as addressing sprawl. Contiguous growth is important. This plan doesn't develop a single unit. There is no plan yet. Any plans would have to be sensitive to environmental issues. This allows us to participate with a HCP and preserve habitat. Our parks deficit can be addressed as part of this. When this was first brought to the Council in October, 2001, he stated he was concerned. This addresses everything and he stated he felt it is very, very thorough. Some may disagree, but from his perspective he felt a good job was done and we should move forward. Mr. AmbrOse stated the information presented by LARPD is not accurate and the deficiency is greatly overstated. We have worked to cure that deficiency and work with the schools to provide facilities. Emerald Glen Park is much closer to new residents than Livermore parks. Cm. Sbranti stated when he wants to go to a regional park he goes to Tilden or Del Valle, but when he wants to go to a City park, he does. Mr. Ambrose stated Livermore residents use our skateboard park at Emerald Glen and we welcome them. We don't charge admission fees either. On motion of Cm. Oravetz, seconded by Cm. Sbranfi, and by unanimous vote, the Council adopted RESOLUTION NO. 40 - 02 CERTIFYING THE EASTERN DUBLIN PROPERTIES SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND MAKING RELATED CEQA FINDINGS CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 107 and RESOLUTION NO. 41 - 02 MAKING FINDINGS RELATED TO APPROVAL OF THE PD PREZONING AND RELATED STAGE 1 DEVELOPMENT PLAN waived the reading and INTRODUCED an Ordinance approving a Planned Development (PD) Prezone and Stage 1 Development Plan; adopted RESOLUTION NO. 42- 02 APPROVING THE PRE-ANNEXATION AGREEMENT WITH BRADDOCK & LOGAL GROUP RESOLUTION NO. 43 - 02 DIRECTING STAFF TO FILE AN APPLICATION WITH ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR REORGANIZATION RECESS 8:45 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 8:54 p.m., with all Councilmembers present. DOWNTOWN STREETSCAPE IMPLEMENTATION PLAN FOR THE DOWNTOWN SPECIFIC PLANS RECONSIDERATION OF MONUMENT DESIGN 8:54 p.m. 7.1 (400~$0/600~$0) Senior Planner Janet Harbin presented the Staff Report and advised that the approved design of the first monument for the Downtown Streetscape improvement Plan is being brought back to the Council, at its request, for reconsideration and direction. On March 5, 2002, the City Council unanimously approved the monument design presented by Dave Evans of Singer Fukushima Evans, consisting of a 25' high linear CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 108 structure constructed of tan masonry with a 5' lighted cupola. Attached to the monument would be a semi~circular aluminum sign to state "Downtown Dublin" on a green background. The lettering on the sign would be accentuated with neon lighting. The issues that Councilmembers have mentioned as concerns since approval of the monument design are: · Adding the sign lettering or sign copy to the monument face · Continuing the aluminum signage completely around the monument structure · Possible reduction of the massing and bulk of the monument structure · Reducing the overall height of the monument. Staff advised that there are several options available to the City Council with regard to the design of the monument, including the following: 1) Reaffirm the monument design approved at the March 5, 2002 meeting. 2) The Council may determine that it is appropriate to give the Consultant specific direction on the modification of the monument design, and direct Staff to return at a later date with the revised design for consideration and approval. 3) The City Council can appoint a committee or task force to assist in the development of final monument design. If this option is chosen, the Council should direct Staff to solicit applications for committee members. The Staff Report discussed a summary of progress on other Phase I tasks, including: Site Surveys, Geotechnical Analysis, Arched Gateway Design, Lewis Avenue/Village Parkway Intersection Improvements, Village Parkway Tree Survey, Pedestrian Bridge Feasibility Analysis, and financial Considerations of the Proposed Monument and Improvements. In summary, Staff recommended that the City Council receive the presentation by Singer Fukushima Evans' and select one of the options outlined in the Staff Report. Mayor Lockhart stated she really appreciates the Council's willingness to reconsider this issue. Dave Evans made a slide presentation. A monument used in Redwood City was shown. Theirs is more historic and has a dome on it similar to the dome on their City Hall. They feel the Dublin Civic Center has strong lines and felt it to be a good source of architectural example. Cm. Sbranti asked about the look of other signs to be used in the downtown area. Mr. Evans stated the others haven't been designed yet, except for the archway over St. Patrick Way. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 109 Mr. Ambrose indicated that the secondary markers were going to be smaller. Mayor Lockhart stated those on the task force felt all the markers were going to be the same. One of the comments she got was asking if we need to say '~Dublin". Mr. Evans stated Staff asked about this also and they didn't intend to say Dublin on each of the monuments. When they looked at the 4 key corners, the roads are so wide, they felt a vertical monument would be more feasible than an archway. Ultimately, they felt the Civic Center was the strongest piece of identifiable architecture in the City. Cm. Zika asked if there were problems because this is next to McDonalds or with the sign itself. Mr. Evans stated the landscape improvements will help to give the monument a place such as a public garden which will help set up a distinction. Cm. McCormick asked if the block letters could be lit from inside rather than with neon. Mr. Evans stated yes, this is very possible and it could be done. An acrylic face would last probably 10 years. Cm. McCormick recommended this be done. Mayor Lockhart asked if illuminated lettering could be placed down the monument. Mr. Evans stated they could certainly study this. Cm. Oravetz asked if the City logo could be on it in place of a clock. Cm. Sbranti asked if this monument could be coordinated with the other markers. Will there be uniformity? Mr. Evans stated this is certainly the intent. They are holding off on designing the smaller markets pending direction from the Council. Cm. Sbranfi asked if they have worked with citizen groups in other communities? Maybe they could then package a plan. Mr. Evans stated task forces have worked in a workshop environment. They are quite used to this. The framework for this came out of task forces. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 110 Mayor Lockhart stated she would like to see this go back to the task force and have it reconstituted to take a look at alternatives. Cm. Sbranti indicated he liked this idea and it could also include the Heritage & Cultural Arts Commission. Mr. Ambrose asked whether the task force will be the distinguishing body and bring comments back to the Council. Mayor Lockhart recommended that the task force hold a public meeting and then bring recommendations back to the CounCil. The concept is good. We can work with the basic concept. Our clocktower is one of the most beautiful elements in our community. She stated she liked the idea of including the City Seal in the design. Cm. Zika liked the idea of putting Dublin down the monument. He commented on the Impala. We want to have something just enough that McDonald's is not in the foreground. We should not downplay this too much. Mr. Evans stated scale is important, as is lighting. Cm. Sbranti stated he liked the idea of interior lighting as it fits the downtown better. The Council agreed that we should reconvene the task force and members of the community can provide input at a public meeting. Mayor Lockhart stated she would like to see the other smaller markers. Mr. Evans stated some may want to carry directions such as City Hall this way. It could direct people to key locations downtown. The four at key corners would all be the same size. Cm. Sbranti stated he felt it is important for the task force to look at each marker to ensure consistency. If we resolve the big ones, the others should work themselves out. Rich Guarienti, Rhoda Avenue, stated the key thing is there are members of the public that should have input in this. You don't want to build something that people will object to. This is a good start and public input is important. Have the consultant come back with options. Why not budget for all four markers and go ahead and do the landscaping? You then understand how it fits with everything in the City. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 111 Roxanne Nielsen, Meg, re Drive, stated she was curious about the location at McDonalds. The corner of Amador Valley Boulevard and Village Parkway has the empty lot and she asked ff this is a possible site. Mayor Locklaart stated this is one of the locations. All four signs will De 30 feet high. Mr. Ambrose stated the reason the City Council picked this site is the City owns this easement site. We can at least begin and get the first one up. Tom Ford, Tina Place, talked about the northwest that has a habit of putting totem poles. This one has no relevance to the City, is rather glitzy, and frankly is quite ugly. He does support something announcing downtown, but people may say this is another Castro Valley scheme. Something sophisticated and relative to our IT image could De acceptable. This is not the right choice. On motion of Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council directed that Staff take the basic clocktower portion of the design and give some options with simpler signage and take that with and without the thing on top and reconvene Downtown Business Task Force and invite any other members of the public and get feedback on the whole issue of the downtown signage and have options on what it will look like on all 4 corners. Cm. McCormick asked if they could come back with recommendations. Cm. Sbranti stated there is no real time table, so we should do it right Janet Harbin clarified that this was the task force that operated before the SPs were developed. Mr. Ambrose clarified the options which related to height, letters down side and lighting. SELECTION OF OPEN SPACE PRESERVATION OPTION WESTERN DUBLIN EXTENDED PLANNING AREA 9:38 p.m. 7.2 (420~20) Community Development Director Eddie Peabody presented the Staff Report and advised that the Open Space Preservation Options for the Western Dublin Extended Planning Area Report was presented to the City Council in June 2000. This study explored options for preserving open space in the Western Dublin Extended Planning Area. This large CITY COUNCIL MINUTES VOLUIVIE 21 REGULAR MEETING April 2, 2002 PAGE 112 undeveloped area in the City's existing Sphere of Influence lies between the existing City Limit and Eden Canyon Road. In October 2000, the City Council directed the preparation of another study that focused upon creation of an open space preserve in the eastern portion of the Western Dublin EPA. Specifically, the implementation study was to: · Focus on the eastern portion of the Planning Area, comprised of 767 _+ acres in three ownerships (Nielsen, Milestone Partnership and John Machado Properties). · Evaluate the feasibility of two options for preserving open space in the eastern portion of the Area (co~terminus with the City Limit); one option involving limited development in the area and another option involving purchase of open space lands. The feasibility evaluation included geotechnical suitability analysis and land valuation appraisal to assure accuracy of the results. · Refine options for funding open space acquisition costs. · Prepare a study report for public review including an action plan based upon the technical findings of the study and hold two City Council meetings and two public workshops to receive comment and to refine the action plan. Mr. Peabody discussed three options which were presented for Council consideration. Option 1 - }'reserve Open Space by Acquiring the Nielsen and Milestone properties- Direct acquisition of the two properties by the City would create a 620 acre permanent open space preserve in conjunction with the East Bay Regional Park District trail acquisitions along the ridge (Scott and John Machado properties). City funding would be required. If owned and maintained by the City, ongoing costs would need to be funded by the City on a yearly basis. A second possibility for acquisition of the two properties would be to initiate discussions with the EBRPD for creation of a Dublin Hills Regional Park combining the two properties with the District's Regional Trail Acquisitions (Machado properties). The District has expressed interest in a cooperative effort with the City focusing in acquisition funding and maintenance funding. City Staff could be directed to meet with EBRPD Staff to initiate planning efforts. The planning effort could result in a Memorandum of Understanding that would guide the cooperative effort to create the regional park. This option was highly favored by citizen comments in the two workshops. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 113 Option 2 - Preserve Open Space in conjunction with possible limited development on the Nielsen property in order to secure open space easements - In the Implementation Report, two possible development scenarios were presented (59 units and 6 units) as an example of how some development might work on the Nielsen property to help preserve other portions of the properties for open space fee/easements. There was little or no public support expressed for the development option. Option $ - Take no action at this time- The two properties are presently impacted by Measure M adopted by the Dublin voters which requires a vote of the Dublin electorate before any General Ylan amendment proposing urban development in this area can be approved by the City. In addition, Measure D, adopted by the County electorate prohibits any change from the County Agricultural zoning on these properties, as they are presently unincorporated and are under County jurisdiction. These two measures effectively prohibit any urban development on the two properties at the present time and serve as a means to ensure open agricultural uses for the foreseeable future on the properties. No action by the Council would affirm the present agricultural use of the property, although open space use by the public would be prohibited. Little interest was expressed by the public for this option in the workshops. In conclusion, Mr. Peabody stated if the City Council believes that permanent preservation of the subject property by acquisition methods alone is the proper approach, Staff would recommend that the feasibility of a partnership between the EBRPD and the City should be explored. The District is very interested in the possibility of creating a Dublin Hills Regional Park and could have funding that could be funneled into this proposal. If the Council prefers to secure open space fee/easements by allowing limited development in the Nielsen property, Staff should be instructed to return with specific methods to achieve this direction. finally, the City Council has the option to take no action on this item at this time. Given the required mandates of Measures M and D, and the fact that the voters of Dublin must ultimately decide on any development proposed for this area if it is even annexed, any change in the present agricultural nature of the affected properties will be difficult to achieve. Mr. Peabody stated both workshops were attended by 45 - 50 people. Mayor Lockhart read comments submitted by Carl Hayden and Susan Clemmans, Martin Canyon Road. 'ff would like to express our wish £or approval o£ Op.'on 1. We prefer that the area be preserved as open space without development. Susan'~ CITY COUNCIL MINUTES VOLUME g 1 P,_EGULAR MEETING /~pril 2, 2002 Mayor Lockhart read comments submitted by Gary Oehrle, champagne Place. '~uppo~ o£ Optiort 1. Marjorie LaBar, Juarez Lane, spoke in support of measure 1 option £ in setting up agreement with East Bay Regional Park District for a western Dublin regional park. By making a policy statement that we wish to purchase land, you give credibility to go after grant money. We will need other money to make this a reality. The community has spoken and want it preserved. She stated she uses the Hansen Trail at least :3 times a week and it is very frustrating to come to the end of the trail and not be able to get to the other area. Use money to hire a professional grant writer. Monies are available through foundations. She suggested that the City consider how to link a buffer zone around the 805 acres. Purchasing long term trail easements might be a way to do this. Enough studying already; make the commitment come true. David Bewley, Brittany Lane, stated this is a truly momentous occasion. This began in 1002 with a referendum. 70% of the voters voted against development in Eden Canyon. Several oak trees were removed when Hansen Hills developed. This led to Measure M, which was voted in overwhelmingly. This policy will be truly a legacy for the community and can outlive us all for our children and grandchildren. It is necessary to make the vote for option 1 tonight for open space. This is the right thing to do. Option 1 can be considered the beginning of the process to get it done. We've got to move forward and see what the possibilities are. He requested that the Council consider a way to look at the entire western planning area. Don't drop it, but consider it. Empower yourself to at least look at it. There is a lot of public support for this. He stated he felt we could have built a muCh more humble City Hall and still gotten the work done. Christina Bond, Brittany Lane, thanked the City Council for putting the task force together to look at open space. She urged the City Council to go forward on Option 1. Stephanie Leonard, Brittany Lane, stated she reiterated what previous speakers have said to vote for Option 1. We have a beautiful jewel up there overlooking Dublin. Richard Bond, Brittany Lane, stated she felt the developers would like to develop this land at any cost. All the citizens of Dublin support open space in the Dublin Hills so Option 1 is what you should do. Consider the other :3,000 acres and she felt if a task force were in place they would equally support this. There is no doubt that the quality of life would be enhanced by keeping these hills. If you ever wanted a monument identifying Dublin, it would be through Option 1. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 115 Daniel Marlin, Rolling Hills Drive, stated he backs up onto the path to the hills. This is very heavily used with a constant stream of foot traffic. There is a nice balance of wildlife. There is definitely a need to preserve open space. He stated he moved from Montevideo Drive in San Ramon. Pamela Glynn, Rolling Hills Drive, stated she supports Option 1. She would like to see us support long term stewardship for irreplaceable open space for current and future generations. Susan Bewley, Brittany Lane, spoke about how important open space is to the quality of life for people in Dublin. We should not depend upon our schools for open space and recreational use. Mostly, because there are no public bathrooms. We should make sure we have parks and open space for all to use. We could do a survey of residents. The Dublin Sports Grounds is not easily accessible, although they are heavily used by sports groups, which is good. We need the open space to use, not just to look at. She stated she would like to see us develop a plan with the £BRPD. Rich Guarienti, Rhoda Avenue, stated he supports Option 1. Let's move forward and work with EBRPD. EBRPD's Measure K didn't pass. Brushy Peak is in Livermore and won't open as soon as planned, since Measure K didn't pass. Walnut Creek people can access open space right out of their neighborhoods. LARPD and Mt. Diablo does not allow grazing. Dublin seniors were out at the Sunol Regional Wilderness last week exploring this area. We have the beauty right here that can be enjoyed. Roxanne Nielsen, Alegre Drive, stated she agreed with a previous speaker that their land would make a wonderful monument for the City. She stated she believes the City Council morally and ethically has an obligation to not take option #$. The City's legislation took away the value of their land. They passed eastern Dublin. The citizens prefer option 1 and they hope this can be worked out. Fred Gilley, Inspiration Circle, stated as leaders of this community you have heard what the community said with passing Measure M; we don't want this to look like LA. Pass Option 1. Tom Ford, Tina Place, stated this has been very much a cooperative effort and hopes it continues in a positive sense. Mike Kyle spoke earlier about our statistics being way down in park space. We have zero regional parks in our City. He stated it is difficult to hold his head up for Dublin when he looks at Livermore parks. San Ramon has a very large open area to the west of their city. Our Dublin pride can be based on many things, but not on parks. We must be competitive. We need option 1 and we need it now. We've worked on this for over 10 years. Let's get it done - let's roll. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 116 Richard MacDougall, Rolling Hills Drive, stated he is also for the first option. The folks that own it ought to be compensated for it. Diana Day, Rolling Hills Drive, stated she also supports option 1. It is up to the Council to get the ball rolling. Get with the program and move forward. Margaret Tracy, Madison Street; Livermore, stated for 30 years they have hoped to draw the public's attention to the Mt. Diablo ridgelands. They've decided where you want public access, the public must pay. At this time, there are 3 very active committees to encourage agriculture in the tri~valley area; both irrigated and non~irrigated. Why do you want to take it off the public tax rolls? Special resources have to be carefully nurtured. She stated she agreed with others but she is for limited option 1. Save the Dublin ridgelands. Dave Haubert, Redwood Avenue, stated Friends of Dublin personally favors option 1. Beyond just passing this, the next step should be some kind of a task force to look at different designs of what we could ultimately use this space for and define for everybody what the sources of recreation could be. He echoed comments on obtaining as much outside funding as possible. Regarding comments on parks, we need to look at how this fits in with open space and parks. We have limited resources and we also need to finish Emerald Glen Park and keep in mind the balance with other priorities. Christine Terbijhe, Creekside Court, stated she supports option 1 to preserve open hills and to have access to those hills. Morgan King, Creekside Drive, discussed with option 1, specific reasons why this should be a more attractive alternative for the City. This would probably not require a public vote. Politically it would be easier to do option 1. Public funds are there, but it is a matter of how long it would take to get the money. It seems no one really wants the additional land excluded, but pencil in a phase 2 to contemplate additional lands to create an even larger park. We could acquire a lot more land in the future. Dublin has allowed itself to be maneuvered into a poor position with the endangered special act, leaving an impression that this Council is not sensitive to these issues. He knows this is not true. Call it Dublin Hills Regional Park & Habitat Preserve. This would do a tremendous amount to change the public impression, which is already improving. TW Starkweather, Circle E Ranch Drive, San Ramon, stated he owns thousands of fence line feet and lives in this environment. The essential need is for recreational space to allow the natural evolution and create housing/jobs balance. He recently spent a week in Washington, DC as part of the Council of Governments. It is possible for communities like Dublin to have access to the financial reservoirs of federal government. He CITY COUNCIL MINUTES VOLUME £ I REGULAR MEETING April 2, 2002 PAGE 117 suggested that someone interview the Mayor of Lodi. He stated he believes in private land ownership rights. He supports trails that allow the linkage of this part of Dublin to San Ramon. He also owns land with trails in Pittsburg. People need this. The federal government has a lot of money for programs like this. Rachel Mills, Bloomington Way, stated she supports option 1. Marie Cronin, Dublin Canyon Road, stated this has been an issue for 10 years. It is very difficult for the property owners and landowners. Unless the rancher can make a living on his land and if the city could enter into a partnership so they can make a living with agriculture. It costs S200/acre to maintain passive open space according to EBRPD. Maybe a task force could strive to come up with an answer where the agriculturalist could make money with their land. It would be better to not give the land away to EBRPD or whoever. Let the rancher enter into an agreement with the City for some kind of a lease for 20 or 30 years. You can't lose the element of the person who owns the land and property, A solution could be a win/win situation with option 1. She stated she serves on the Tri-Valley Council. Her family and 32 families that she knows of have been here 150 years on these hills, but the ability today is not possible to make a living. Go back to square one and work with the landowner. If you can work out the bugs in option 1 where it is fair, then it could be a win/win situation. Russ Fields, Eden Canyon landowner, stated he is in Dublin's Sphere of Influence, and he can't even vote here. He is in Castro Valley. You devalue their ground and he borrows money off his ground to run cattle. He is banking on his land being at house value. He is on the other side of the ridgeline and he wants to stay over there and wants us to stay over here. Roy Mills, Bloomington Way, stated he would like to see open space preserved in the western hills and supports option 1. He would like to see the agricultural committee in the community look at this. Cm. Sbranti attended public workshop and having heard comments and comments tonight and going door to door campaigning, there seems to be a lot of support for option 1. It is important to work with landowners and give fair value. This is a unique opportunity and will help preserve for future generations and give value to our community. We should pursue option 1 and there are a lot of funding resources out there which we should pursue. We should look at the land west of this extended planning area and this should become a long-term goal. Mayor Lockhart advised that the SO1 issue is not on the table tonight. Staff is studying this issue but the Council has not yet received a report. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 118 Cm. Oravetz stated he concurred with Cm. Sbranti. Option 1 is the only option. Is the money there? Can we get a grant writer? Mr. Ambrose stated if option 1 is the way to go, Staff would bring back options for proceeding. Cm. Zika stated he also supports option 1. There is not a lot of grant money out there just to acquire open space. There is money out there to preserve agriculture and easements and habitat, but still allow the farmer and rancher to work the land. This may be our best option for getting grant money. There is a lot of competition. They did listen to some farmers who developed habitat areas on their land. He supports option 1 and is really interested in getting some kind of easement for open space and still let them use the land. Cm. McCormick stated she felt the community has pretty much made the decision in both workshops and tonight. She concurred that option 1, with the second possibility listed. Mayor Lockhart stated ever since Measure M, one thing loud and clear the residents were saying is do this with me. Residents are willing to put their money where their mouth is. This is the right way to do it. The commitment needs to come from the community as well as outside resources. Residents understand it is their tax dollars that will support this. To the landowners she would say owning this land is something special. You have a legacy in our community. She would like to see a good faith effort continue and work with them to find a way to save that space and have it enjoyed by residents throughout the area. She stated she also supports option 1. Mr. Ambrose clarified that we should also work with EBRPD as well as landowners. Mayor Lockhart replied yes, there may be a number of ways to bring this into play. Any funding we can find we should pursue. There are a lot of sources of money for what we are trying to do for the community. Cm. Sbranti stated we should investigate all the options. On motion of Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council selected Option 1 and work with EBRPD. CITY COUNCIL MINUTES VOLUME 2 I R_EGULAR MEETING April 2, 2002 PAGE 119 RECESS 10:55 p.m. Mayor Lockhart called for a short recess. The meeting re. convened at 10:59 p.m. with all Councilmembers present. PARKS RFTA (CAMP PARKS) GENERAL PLAN AMENDMENT STUDY REQUEST 10:59 p.m. 8.1 (420~30) Planning Manager Jeri Ram presented the Staff Report and advised that the Department of the Army is requesting a GPA Study for a 188~acre parcel, to allow for the eventual transfer and private development of 188 acres of Army property. If the City Council authorizes the Study, it is anticipated that this project would take a substantial amount of Staff time for processing and take a minimum of one year to 18 months to process. Will Bowman contractor Dom Bachman Army Reserves and Colonel DeYoung installation stated they are flexible and do not have preconceived ideas cast in stone. They want to work with the City to come up with a plan acceptable to the Army and the City. They understand the needs and want to accomplish the objectives. Cm. Zika stated he appreciates that they understand the need for parks. They have FAgs of 1.1 on some of the commercial. The density they have will increase traffic tremendously. A big concern will be how we handle the traffic. This kind of density will not fly; it is simply too much. Cm. Sbranti stated he felt it is important to keep the park space included in the plan and also possibly an elementary school. The other thing is making sure we look at mitigating the traffic issues. Cynthia Jones, Cherry Hills Lane, San Ramon stated the DSRSD Board was advised that it is no longer called Camp Parks, but ?arks RFrA. Keep it at what it is. Don't let the Army sell off the land. You have a military facility in your community, and this is unique. Hang on to it as best you can. She would rather see military housing on the base. Think carefully before you lose something unique for all of us. DSRSD has done the sewer and water for Parks. Our military is another endangered species. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 120 Cm. McCormick stated she loves Parks and she is amazed at the timing of this. It is strange that we have military personnel in harms way and now we are hearing that one of our training places wants to swap 188 acres for some kind of commercial deal. This is appalling that this request has come forward. This should remain a training base - especially at this time for our nation. This is not the time to even do a study on this. She stated she objects to using Staff time on this. Mayor Lockhart felt priorities in Dublin have been established and looking at this 188 acres that have not been on the table isn't on the priority list. Staff has bent over backwards to be accommodating to everyone's needs. Somebody else who has been waiting in line would get moved around. This is not the appropriate time. People are bailing out right and left because the economy isn't there to put people into office buildings. There are too many other projects happening right now. There is not room on the plate for this now. Realistically in the next year, we will not be able to do this work. Cm. Oravetz stated he likes the idea of the 188~acre swap, but they need to get in line. There are just so many other things going. Let's put it in the box and maybe in 2003 it could be reconsidered. Cm. Sbranti asked if we could approve the plan, but not jump ahead of other developments. It would take on less of a priority than other plans. Mr. Bowman stated they understand priorities. This is the perfect time to be planning. They can use this time to get the plan together and get entitlements. The entire reason for doing this project is to keep Parks here and to keep it a training area. They are trying to dispose of 188 acres on the south side of the site. He was not sure the Army would be able to come back in a year. He requested that they be put in line in order to take advantage of the next economic upturn. Mayor Lockhart explained her concerns with approving this at this time. Cm. Zika stated we went through the same process when we developed the plan to the east. They're just asking to be put in line. We should allow them to go back and make provisions. We are under no obligation. Cm. Oravetz made motion to table this discussion for at least a year. Cm. Sbranti stated he sees an opportunity with a lot of land right in the middle of our City. He discussed the concept of two different communities and this could provide development to connect the two. Staff will always be busy. He doesn't see this moving CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 121 ahead of other projects. There is no guarantee that they will come back with something the Council approves. There is still a lot of land where they can do their training. Mayor Lockhart felt there is inherent approval if the City Council gives the impression that they can go forward. Knowing what will be on the other side of the road will help determine what is appropriate for their site. Mr. Bowman made comments about funding. On motion of Cm. Oravetz, seconded by Mayor Lockhart, and by majority vote, the Council tabled this request for I year. Cm. Sbranti and Cm. Zika voted in opposition to the motion. DUBLIN SPORTS GROUNDS RENOVATION PHASE II 11:131 p.m. 8.2 (600-:30/260-30) Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the DSG Master Hah was adopted in May of 1990. The Master Plan improvements were to be completed as a series of phases. Phase I was completed in FY 1995~96 and included construction of a new 60' baseball field along with new bleachers and drinking fountains. The current Phase II project was approved for funding in FY 2001-02. In November of 2001, the Council authorized an Agreement with Carducci Associates for landscape architectural services on Phase II. The project area for Phase II encompasses approximately 8 acres of the 26~acre site. Improvements include the renovation of the drainage and irrigation system for soccer field//3, drainage improvements to Baseball fields//3,//4, and//6, underground conduit for future lighting of Soccer field//3 and Baseball field'//3, drainage and tree replacement along the freeway and play area renovation. Although not originally included in the scope of work, Staff recommends adding the infield renovation of Baseball field//6. This work was to be recommended as part of the Park Maintenance Budget for FY 2002~03, however, given the proximity of the infield to other work that is being done as part of the renovation, adding it to the Phase II project may result in cost savings. The construction budget for this project is $715,000, which is broken into two components, the sports field and children's play area. The estimated cost for the sports field area is $569,788. The estimated cost for the children's play area is $185,395. The total estimated construction cost is $755,183. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 122 The DSG Renovation Plan was presented to the Parks & Community Services Commission on March 18, 2002. After input from the community, including representatives from Dublin Little League and Dublin United Soccer League, the Commission recommended approval of the schematic design for DSG Renovation Phase II by the City Council. Bill Fee with Carducci & Associates discussed the scope of work. A full soccer season will be lost. This is the only way to do it. They will start August l~t with a 90~day construction period and a 90~day maintenance period. In the children's play area, the steps will be taken out. Cm. McCormick asked how realistic this schedule is. Mr. Fee stated they will break ground in August and a critical thing is if they seed or sod. Once the grass is in, you need 90 days for the grass to grow. The primary part is the soccer field. When they open it up to the public, they want the grass to be well established. The playground could be built in October and November. When asked about recycling, Mr. Fee advised that the play structure could be recycled. The sand could be reused. The grass could go to a compost pile. This could be built into the project. Ms. Alex stated they will look at all areas of recycling. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the schematic design for the DSG Renovation Phase II and authorized the consultant to proceed with preparation of construction documents. DESIGNATION OF TWO COUNCIl. MEMBERS AS CITY REPRESENTATIVES TO DISCUSS COMPENSATION WITH CITY ATTORNEY 11:47 p.m. 8.3 (110~30/600~$0) Pursuant to Government Code Section 54957.6, this item provides for the designation of two members of the City Council as the City's representatives to discuss terms of the City Attorney's contract, including compensation, with the City Attorney. The two members would report their recommendation to the full Council in open session following meetings with the City Attorney. Mayor Lockhart stated she would like to have Cm. Sbranti and Cm. McCormick serve on this. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 123 On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council designated Cm. Sbranti and Cm. McCormick to discuss compensation with the City Attorney. INCREASED PENALTIES FOR PUBLIC ART VANDALISM 11:48 p.m. $.4 (920~65) Police Chief Gary Thuman presented the Staff Report and stated a high priority goal for Dublin Police Services in FY 2001 ~02 was to determine the viability of increasing penalties for public art vandalism. Chief Thuman discussed California Penal Code Section 594, existing penalties, and the findings of legal research. If a minor is personally unable to pay a fine, the parent of that minor is liable. A court may also order counseling. Staff felt the City is most likely preempted from enacting additional criminal penalties based on the amount of damage. It is the City Attorney's opinion that the City Council may adopt civil regulations and penalties pursuant to penal Code Section 549.5 for the defacing of public art. The City may adopt an Ordinance allowing use of public funds to clean up graffiti and to recover its costs of abatement, which it already has in Municipal Code Chapter 5.68. The means of cost recovery are a lien or special assessment against the property on which the graffiti exists, or in the case of a minor vandal, on the property of his or her parents or guardians. Chapter 5.68 does not currently contain a provision allowing the imposition of a lien or assessment on the property of a minor's parents or guardians to recover the City's abatement costs. The Council could also consider putting a measure on the ballot to impose a special tax on the sale of items used for graffiti type activity (e.g. cans of spray paint). This revenue could then be used for graffiti prevention and removal. It would require a 2/3 vote to pass. Finally, the Council could consider creating an administrative graffiti abatement program and charging all sellers of materials that can be used for graffiti a fee for the administration of the program. Implementing this would require significantly more research, but it is theoretically possible. In summary, Chief Thuman requested that the Council provide direction to Staff with regard to any additional action or study. CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 124 Cm. Zika asked if it is up to the District Attorney whether or not he will prosecute the case. Chief Thuman discussed what generally happens. Because this is an issue which goes to quality of life, the DA is usually willing to prosecute these cases. They take an aggressive stance. From time to time, taggers will come in and damage property. Cm. McCormick stated she is interested in this, as we are proceeding with a major public art program. She would like to see the civil regulations reviewed. The underpass art could become a target. We could look at the options presented. These are small changes to the Ordinance, but they would make a difference. Cm. Sbranti stated he imagined that if the taggers come in from out of the area, they probably bring in their own paint. He reported that local merchants question high schoolers when they buy spray paint to do their floats. Mayor Lockhart stated she would not want to impact the businesses with a change in process. The Council supporting beefing up the civil penalties for minors in order to get dollars. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council provided direction as discussed. REPORT ON VOLUNTARY TRIP REDUCTION PROGRAM 11:59 p.m. 8.5 (590~80) Ray Kuzbari presented the Staff Report and advised that the City Council, as part of the City's Goals & Objectives process, requested that Staff look into and report on the feasibility of a City Trip Reduction Program. Such a program, if implemented, would encourage employees of large employers to use public transportation rather than single~ occupancy commuting. Mr. Kuzbari discussed SB 437, which rescinded TRO requirements administered by local or regional public agencies in California. Staff discussed the City of Pleasanton's and City of San Ramon's voluntary programs. CITY COUNCIL MINUTES VOLUME 21 ~GULAR MEETING April 2, 20O2 PAGE 125 If the City decides to implement a voluntary trip reduction program in a manner similar to the Cities of Pleasanton and San Ramon, a new full-time position would likely be needed to administer the program. The City of Dublin does not currently have a voluntary TRO program in place. However, City Staff has encouraged developers in Eastern Dublin through the land use review process, to coordinate with LAVTA by joining bus pass incentive programs for their employees. Another program currently in place in Alameda County to help promote ridesharing is the Guaranteed Ride Home Program, sponsored by the Alameda County Congestion Management Agency (ACCMA), funded through the Bay Area Air Quality Management District Transportation Fund for Clean Air program. Employers with 100 or more employees that are located within Alameda County may participate in this program. The LAVTA Flashpass incentive program and the ACCMA Guaranteed Ride Home Program are cost-effective for the City of Dublin in that both programs come at no cost to the City and require no additional City staffing. Cm. McCormick asked if we currently inform new businesses of the flashpass and ride home program? Mr. Kuzbari stated the flashpass, through the planning process is discussed, but the guaranteed ride home program has probably not been discussed with the developers. Mayor Lockhart stated LAVTA also calls new businesses to make them aware of the programs. Mr. Kuzbari stated there are 2 employers in Dublin who participate in the GRH program. Cm. Sbranti clarified that if we do a program we have to add a Staff person. Mr. Kuzbari stated this is correct. They would have to be strong in the area of public relations and someone who would work with employers and help coordinate training and do surveys to gather and process the information and determine the success of the program. Mayor Lockhart stated LAVTA has just approved a big market study in the area, which will be an education piece as well. Sybase is already over their allotted 600 passes per month. This is exciting. The National Conference of Mayors has recently come out with a program, the Mayor's Clean Air Program. Many many cities are talking about public CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 126 transportation and air quality and they are starting a program where they will do the programs and leg work and shoot them off to cities. Cm. Sbranti stated this seems like a great regional issue. Mayor Lockhart talked about programs which help. Cm. McCormick stated she would like to see us be more aggressive in marketing the programs available. OTHER BUSINESS 12:11 a.m. Cm. Zika congratulated Parks and Recreation Staff on the recent Eggstravaganza. It was very well attended. They did a nice job. Cm. Sbranti stated he enjoyed his first Council meeting. He asked questions with regard to his committee appointments. The Council advised that he should attend the various meetings with the member so he can be introduced and get involved. Cm. Oravetz thanked Andy Byde for the nice report and congratulated Staff. On the street naming fundraiser at Kaleidoscope, a street was auctioned off to the Madden Family for $6,500. They earned $83,000. He congratulated Tim. Mayor Lockhart congratulated Frederiksen Elementary School on their science fair. They did a first class job and it was a wonderful experience for everybody. CLOSED SESSION At 12:17 a.m., the Council recessed to a closed session. Conference with Legal Counsel 1. Anticipated Litigation ~ Government Code Section 54 956.9(b) (1) Facts and Circumstances: Government Code Section 54956.~(b)($)(B) East Dublin CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 127 Properties Stage 1 Development Plan, Annexation and Draft Supplemental Environmental Impact Report. REPORT ON CLOSED SESSION ACTION Mayor Locldaart announced that there was no reportable action. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 1:00 a.m. ~'~ clerk( CITY COUNCIL MINUTES VOLUME 21 REGULAR MEETING April 2, 2002 PAGE 128