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HomeMy WebLinkAbout4.01 Draft CC 04-19-2004 Min ADJOURNED REGULAR MEETING - April 19, 2004 An adjourned regular meeting of the Dublin City Council was held on Monday, April 19, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 5:07 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. PUBLIC COMMENTS No public comments were made at this time. STATUS REPORT ON 2003-2004 GOALS & OBJECTIVES AND CONSIDERATION OF 2004-2005 GOALS & OBJECTIVES AND STRATEGIC PLAN 5:08 p.m. 8.1 (100-80) City Manager Richard Ambrose presented the Staff Report, and advised that the Annual Goals & Objectives meeting will enable the City Council to collectively CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 ~ ~ establish priorities for the City for the upcoming year within the framework of the new 10-year Strategic Plan. 2003-2004 Goals & Objectives Status Report The adopted Goals & Objectives Program for 2003-2004 included a total of 118 objectives. Of those objectives, 96 objectives were assigned a high priority, 14 objectives were assigned a medium priority, and 8 objectives were assigned a low priority. Since the Council's adoption of the Goals & Objectives Program, a total of 8 additional major assignments were undertaken by Staff. The preponderance of these assignments were Council initiated. TABLE 1 SUMMARY OF 2003-2004 OBJECTIVES LEVEL OF ACCOMPLISHMENT - 2/29/2004) NEARLY ~'g ; 1000:: 118 100 ¥3~:~ 28.0~:i 4 3.4 48.3.' 24 24 Of the 96 High Priority objectives, 36 (37.5%) have been completed or nearly completed to date. There were a total of six (6) High Priority objectives for which there has been no progress made to date: Update study for indirect charges for development services and on impact fees; Perform contract evaluation for Crossing Guards services; Perform contract evaluation for Building & Safety; Complete Commercial Linkage Fee Study; Negotiate Lease Agreement and resolve financing strategy for the West Dublin BART Project; and Explore Historic Park on Donlon Way. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 157 Further progress on High Priority objectives has been impacted by eight (8) additional major assignments during the year, and significant resources allocated to growth issues. Cm. Sbranti noted that Staff had made significant progress on projects since the report. The Council agreed that a lot has happened this year and Staff had handled it impressively. Capital Projects Status Report The City Council approved a total of 49 Capital Projects to be undertaken during FY 2003-2004. Since the adoption of the Budget, the Council has added one (1) additional project and carried over five (5) from the previous fiscal year for a total of 55 capital projects. Thirteen (13) projects are behind schedule. Strategic Plan/2004-2005 Goals & Objectives Earlier this year, the City Council approved a Preliminary Strategic Plan, which identified six (6) strategies that the City should pursue during the next 10 years: 1) Establish Villages within the City of Dublin; 2) Facilitate and encourage continued investment in Downtown Dublin; 3) Develop a transportation system that facilitates ease of movement throughout the City; 4) Create an open space network that ensures environmental protection and provides public access where appropriate; 5) Continue to develop a community that provides a balance of jobs, housing, and services in a fiscally sound manner; and 6) Develop dynamic community facilities that provide unique recreational and cultural experiences in the region. The City's Management Team prepared a preliminary list of Goals & Objectives for 2004-2005 for Council consideration. A total of 107 objectives in nineteen (19) different program areas were identified in the Preliminary 2004-2005 Goals & CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 158 Objectives Program. Of this total, 49 objectives are new, 58 objectives are recommended to be carried over from last year, and nine (9) are recommended for deletion. Of the 107 proposed objectives, 62 are objectiVes which Staff believes accompliShes one or more of the Strategic Goals approved the Council. '~ Additionally, several proposed objeCtives have been added bY the Parks & Community Services and Heritage & Cultural Arts Commissions, as well as by individual Councilmembers for collective City Council consideration. Mayor Lockhart asked anyone in the audience that wished to address the Council on any individual item listed on the Goals & Objectives or the Budget Study Session to come forward. Mr. John DiManto, Dublin Land Company, confirmed that the Council had received binders for his General Plan and Specific Plan Amendment applications, and urged the Council to consider placing the item in a higher priority position. His company was very serious and financially committed to proceed with the project and have posted their initial deposit with the City for the application process. The Council primarily discussed those Goals & Objectives which had been ranked with differing priorities: ADMINISTRATION OBJECTIVE #2: "Participate in City Council Team Building Retreat." Cm. McCormick suggested this objective be deleted and replaced with a ¥2 day follow-up workshop related to the City's Strategic Plan and Mission, Vision and Values Statements to see if the adopted strategies were in line or needed to be adjusted. The Council discussed the recommendation. The collective City Council ranking was changed from Low to DELETE. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 159 ADMINISTRATION NEW OBJECTIVE #2: "Conduct follow-up Strategic Planning Workshop." Cms. McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart ranked this new objective as High. The collective City Council added this objective as HIGH. ADMINISTRATION ADDITIONAL OBJECTIVE #3: "Conduct Study of Labor Guidelines on Both City Projects and Private Development." Cm. Sbranti advised that he had initiated the addition of this objective and ranked it High, and expressed concern related to hiring low bidders on City and private projects. There are programs that reward the low bidders who have gone through a prequalification process, and some jurisdictions set up more thorough standards prior to allowing a contractor.to bid. Mayor Lockhart stated that City projects could be controlled, but asked how private developments could be restricted. City Attorney Elizabeth Silver advised the, in her opinion, the City could not require private developers to enter into project labor agreements. If the developer was building a portion of a public project, a City street for example, the City must require'that the developer pay prevailing wages; however, the City could not make the developer pay prevailing wage for private facilities only. The Council discussed the different issues involved in apprenticeships, pre- qualifications, labor unions, etc., and agreed that the study should include only public projects, and not include private development at this point. Cm. McCormick ranked the objective as High. Cm. Oravetz ranked the objective as Low. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 160 Vm. Zika ranked the objective as Delete. Mayor Lockhart ranked the objective as Medium. The objective was changed to read, "Conduct Study of Labor Guidelines on City projects (i.e., pre-qualification, project labor, apprentice programs, etc.," and the collective City Council added this objective as MEDIUM. INTERGOVERNMENTAL RELATIONS OBJECTIVE #2: "Explore Feasibility of Regional Cemetery." Cm. McCormick adVised that a private developer had come forward with a plan for a regional cemetery, and suggested that the ranking be reduced to Medium in order to keep it on the radar. Cms. McCormick, Oravetz, Sbranti and Zika changed their ranking to Medium. The collective City Council ranking was changed from High to MEDIUM. INTERGOVERNMENTAL RELATIONS OBJECTIVE #3: "Work with cities in the Tri-Valley to establish a clearinghouse to develop & maintain affordable housing opportunities, and publicize & coordinate the regiOn's housing." City Manager Ambrose advised that Staff had ranked this objective as Medium because funding from the State was only on the horizon. Cms. Sbranti and Zika, and Mayor Lockhart changed their rankings to Medium. The collective City Council ranking was changed from High to MEDIUM. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 161 PUBLIC RELATIONS OBJECTIVE #2: "Develop Leadership Academy in conjunction with Chamber of Commerce." The Council discussed the verbiage of this objective and agreed to include Las Positas College in the objective. The objective was changed to read, "Develop Leadership Academy in conjunction with Chamber of Commerce and Las' Positas College," and the collective City Council ranking remained a HIGH PUBLIC RELATIONS ADDITIONAL OBJECTIVE #3: '"Produce City Calendar." Cm. Oravetz advised that he initiated this as a High priority because constituents had been asking when another calendar would be produced. City Manager Ambrose advised that the calendars were typically produced at every 5th anniversary of the City's incorporation, the last being the City's 20th anniversary. Assistant to the City Manager Julie Carter advised that the cost of producing a City calendar was approximately $8,000 including mailing. The Council discussed the issue in relation to cost. Cms. Sbranti and Zika, and Mayor Lockhart ranked the additional objective as Medium. Cm. McCormick ranked the additional objective as Low. The collective City Council added this objective as a MEDIUM priority. CONTRACT ADMINISTRATION ADDITIONAL OBJECTIVE #4: "Perform contract evaluation for Police Services." CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 162 Cms. McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart ranked this objective as High. The collective City Council added this objective as a HIGH priority. PLANNING OBJECTIVE #9: "Investigate creating a new.village around West Dublin BART Station." Vm. Zika questioned wording of objective, advising that "Investigate" seemed inaccurate since the City was beyond that. The Council discussed the issue and agreed that the word "investigate" should be deleted from the verbiage. The objective was changed to read, "Create new village around West Dublin BART Station," and the collective City Council ranking remained a HIGH. PLANNING OBJECTIVE #14: "Investigate options for Shamrock Village.' Cm. Sbranti asked the difference between this objective and a similar objective under Economic Development. City Manager Ambrose explained the difference and indicated that the Planning focus would be more looking at doing a Specific Plan for the property and what types of different land uses could occur. The other goal was more related to helping the property owner with his current type of use in terms of trying to improve the site. Cm. Sbranti changed his ranking to Medium. The collective City Council ranking remained MEDIUM. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 163 PLANNING OBJECTIVE #15: "Develop City Telecommunications Policy beyond Zoning Ordinance for Wireless Communications." City Manager Ambrose advised that a recent U.S. Supreme Court decision may limit the City's ability to accomplish the objective, and would require some legal analysis. The court decision basically allows the State to preclude cities from entering into that business because they are viewed as a local subdivision of the State. The Council discussed the issue and agreed that, in light of the recent Court decision, a Medium ranking would suffice. · Mayor Lockhart changed her ranking to Medium. Cm. McCormick changed her ranking to Low. The collective City Council ranking remained a MEDIUM. PLANNING OBJECTIVE #17: "Complete Starward Drive General Plan Amendment Study." Mayor Lockhart asked if it was ranked Medium by everyone because the park evaluation was completed. City Manager Ambrose advised that Staff had not done a park evaluation on that site because the Council had identified other properties that here higher priority for park evaluation. The issue before the Council would be whether to include the evaluation of the park as a potential General Plan study. Mayor Lockhart asked if a General Plan Study had to be done. City Manager Ambrose indicated yes, because there was a request from a developer who was interested in building housing on that site, which is currently zoned Commercial. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 164 The Council discussed dropping the park evaluation portion of the study. Cms. McCormick, Oravetz, Sbranti and Zika rankings remained unchanged, but agreed that the park evaluation portion should be removed. Mayor Lockhart changed her ranking to High and agreed to remove the park portion. The collective City Council ranking remained a MEDIUM. PLANNING OBJECTIVE #22: "Develop Ordinance to limit amount of square footage increase on remodel of existing houses." Vm. Zika advised that he had put this objective on the list a few years ago because there seemed to be a trend where people would buy houses and then tear down all but a wall. Since that time, it did not seem like there was much of that going on. City Manager Ambrose advised that there had only been a couple of instances. Cms. McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart changed their rankings to Delete. The collective City Council ranking was changed from Low to DELETE. PLANNING OBJECTIVE #23: "Develop View and Solar Access Ordinance." Cm. McCormick advised that she had put this objective on the list a few years ago because of a resident who had paid extra for a lot with a view. Staff advised that the issue had not been a problem. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 165 Cms. McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart changed their rankings to Delete. The collective City Council ranking was changed from Low to DELETE. PLANNING OBJECTIVE #24: "Complete General Plan Amendment on DiManto property." City Manager Ambrose advised that this objective had been developed and ranked as Delete prior to receiving Mr. DiManto's application packet. The Council discussed Mr. DiManto's recent application for a General Plan and Specific Plan and his request that Council rank his project higher, and agreed that he should get into the line with the other developers and wait his turn. Cms. McCormick, Sbranti and Zika changed their ranking to Medium. Cm. Oravetz changed his ranking to High. The collective City Council ranking was changed from Delete to MEDIUM. PLANNING ADDITIONAL OBJECTIVE #27: "Develop a City Ordinance banning any future "drive-through" elements on restaurants or establish an additional fee to fund clean air programs in the City." Cm. McCormick explained her reasoning behind adding this goal as a High priority, advising that she was inspired by the Clean Air Program presented by Supervisor Haggerty. Idling cars and trucks add a lot to the pollution in the valley, and this would be one way to reduce air pollution. Aesthetics and traffic circulation were also an issue. This was not intended to be an anti-fast food Ordinance. City- Manager Ambrose noted that there might be applications for drive-through elements other fast food-a pharmacy or bank, for example. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 166 The Council discussed the two options included in the objectives, and concurred that the objective should be reworded to indicate that. Staff would s~dy the impacts of developing the proposed Ordinance. Cms. OraVetz and Zika gave this objective a Medium ranking. Cm. Sbranti and Mayor Lockhart gave this objective a High ranking. The objective was changed to read, "Study impaCts of developing a City Ordinance banning any future 'drive-through' elements on restaurants or establishing an additional fee to fund clean air programs in the City, ' and the collective City Council added this objective as HIGH PLANNING ADDITIONAL OBJECTIVE #28: "Coordinate General Plan workshop with Planning Commission." Cm. Sbranti advised that he added this objective and ranked it High because, although he felt there was no need to go through a 3-year general plan update, a joint workshop to discuss the general plan update process, as well as the City's general plan policies, would be beneficial. Mayor Lockhart expressed agreement that a joint workshop, which would be open to the public, would be a good opportunity for old and new residents to educate themselves on where the City was going. City Manager Ambrose advised that there would be Staff time involved in putting together the information for discussion. The Council discussed the proposed workshop with the Planning Commission as it related to the general plan' including a status update and policies and agreed woUld be beneficial for the Commission and the public. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 167 Cms. McCormick, Oravetz, and Zika, and Mayor Lockhart ranked this objective as High. The collective City Council added this objective as a HIGH priority. PLANNING ADDITIONAL OBJECTIVE #29: "Evaluate the potential of developing main street retail on Amador Plaza Road." Cm. Sbranti advised that he added this objective and ranked it High because it might present itself on Amador Plaza Road with the freeway coming right off to the road. Amador Plaza Road has much more vacant space than Village Parkway and not as many constraints. The Council discussed future of the area, the timing of potential projects, and available resources. Things are not quite happening quite yet, maybe next year. Mayor Lockhart and Vm. Zika ranked the objective as Medium. Cms. McCormick and Oravetz ranked the objective as High. The collective City Council added this objective as a HIGH priority. HOUSING OBJECTIVE #5: "Implement First Time Home Buyers Program Development." Cm. McCormick asked why Staff gave the objective a Medium ranking. Community Development Eddie Peabody advised that the Medium ranking related to Staff time available. Currently, the Housing Division was a Staff of one; the ranking had nothing to do with the merit of the program. The program, once implemented, would generate the need for more Staff. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 168 The Council discussed the need for the program, and the citizens who need the assistance getting into a market rate home. It would be a good idea to have the program in place, before the funding became available. Mayor Lockhart changed her ranking to Medium. Cm. McCormick changed her ranking to High. The collective City Council ranking remained as HIGH. HOUSING OBJECTIVE #6: "Complete Commercial Linkage Fee Study." City Manager Ambrose advised that the study had been completed and needed to be adopted by Council before implementation. The study would be presented to the Council by October 2004. Cm. Sbranti changed his ranking to High. The collective City Council ranking remained MEDIUM. ENGINEERING OBJECTIVE #1: "Explore feasibility of lighting and landscaping the Iron Horse TraiL" The Council discussed the possibility of solar or low-lighting along the trail for safety purposes, and perhaps benches and a water fountain. The intent would be to keep the trail as natural as possible. Rich Guarienti, Dublin resident, advised that the Iron Horse Trail was maintained by East Bay Regional Park District. It is officially not open at night, so the lighting should be separated. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 169 Public Works Director Melissa Morton advised that the trail is open one hour after sunset and one hour before dawn, but would not discount lighting out of hand. Safety should be considered at crossings during dusk and dawn. Cm. McCormick asked if the City would have to get permission from East Bay Regional Park District. Ms. Morton advised that lighting at crossings were in the public right-of-way. The Council discussed the objective and agreed that its intent was to explore the feasibility of lighting and landscaping. The study would answer all of their questions. Cms. McCormick and Sbranti changed their ranking to High. The collective City CounCil ranking changed from Medium to HIGH. ECONOMIC DEVELOPMENT OBJECTIVE #5: "Develop economic incentive strategy for Central Business District." Cm. McCOrmick asked why Cm. Oravetz ranked the objective as Low. · Cm. Oravetz advised that he was under the impression that this had already been tried when the City attempted to create a Downtown Improvement District and ' the property owners had not expressed any interest. Economic Development Director Christopher Foss explained the difference between this objective and what had previously come before the Council. This objective woUld be very different in that there might be incentives, such as financial incentives, to encourage the property owners to improve their own property. The collective City Council ranking remained HIGH. CITy COUNCIL MI~TES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 170 PARKS & COMMUNITY SERVICES OBJECTIVE #12: "Conduct research on various unique passive park/recreation facilities and identify preferred components and site requirements." The Council asked the difference between Objective #10 & Objective #12. City Manager Ambrose advised that Objective #10 was related to locating a site, and Objective #12 was related to what would be done to the site. Cms. McCormick and Sbranti changed their ranking to High. The collective City Council ranking changed from Medium to HIGH. PARKS & COMMUNITY SERVICES OBJECTIVE #13: "Explore opportunities for Community Garden." The Council discussed the need for a community garden. Cms. Orave~z and Sbranti changed their rankings to Medium. The collective City Council ranking changed from Low to MEDIUM. PARKS & COMMUNITY SERVICES ADDITIONAL OBJECTIVE #18: "Develop plan for replacement of existing marquee at Shannon Community Center with an eleclxonic marquee." Mayor Lockhart noted that this objective had been added by the Parks & Community Services Commission as a replacement for Objective #14. The Council and Staff discussed the possibility of community groups sponsoring the marquee and allowing non-profit organization logos to be placed on the sign and their events advertised, but no product advertising. The location of the marquee was discussed and all agreed that the first marquee would be placed at Shannon Park, with an additional sign ultimately placed at Emerald Glen Park. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 171 The collective City Council added this objective as a MEDIUM priority. PARKS & COMMUNITY SERVICES ADDITIONAL OBJECTIVE #19: "Explore opportunities to improve pedestrian access to Emerald Glen Park." Mayor Lockhart advised that this objective had been added by the Parks & Community Services Commission. The Council and Staff discussed the possible elements of Emerald Glen Park, Phase III. Staff advised that Phase III would includ& the completion of the sidewalk along Central Parkway. The collective City Council added this objective as a MEDIUM priority. PARKS & COMMUNITY SERVICES ADDITIONAL OBJECTIVE #20: "Assess the potential for joint projects/facility improvements at Dublin High School." Cm. Sbranti advised that he had added this objective and ranked it High, and indicated that the School District was currently updating its High School Master Plan and a community theater might be a possibility. Other opportunities for joint projects could include an all-weather track and field, a project which was removed from previous Goals & Objectives programs because the School District had been uncertain of the High School's future. He suggested a Medium ranked to allow the initiation of discussions at the Liaison Committee level. The Council discussed the possibility of a performing arts facility and agreed that it had the potential to serve the needs of the community. A partnership with the School District would make it cost effective. Cms. McCorxrdck, Oravetz, and Zika, and Mayor Lockhart ranked the objective as Medium. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 172 The collective City Council added this objective as a MEDIUM priority. HERITAGE & CULTURAL ARTS OBJECTIVE #11: "Identify a new cultural arts special event to replace the Classic Affair at the Civic." Parks & Community Services Director Lowart advised that Staff ranked the priority as High because Staff was available to accomplish goal. Cm. Sbranti changed to his ranking to High. The collective City Council ranking changed from Medium to HIGH. HERITAGE & CULTURAL ARTS ADDITIONAL OBJECTIVE #16: "Identify funding sources to offset program fees for 2004 Jazzmasters Workshop program.' Staff advised that the Heritage & Cultural Arts Commission had added this objective for Council consideration. However, thanks to recent community donations, funding was in place for this season. Therefore, Staff recommended deletion of the objective. The collective City Council ranking changed from High to DELETE. HERITAGE & CULTURAL ARTS ADDITIONAL OBJECTIVE #17: "Investigate the possibility of obtaining accreditation for the Heritage center through the American Association of Museums. Mayor Lockhart advised that this objective had been initiated by the Heritage & Cultural Arts Commission, and noted that accreditation could take as long as 10 years, as one of the major criterion included the need to have full-time Staff at the Heritage Center. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 173 The Council discussed the issue and agreed that objective was premature but should still be pursued. The collective City Council added this objective as a MEDIUM priority. HERITAGE & CULTURAL ARTS ADDITIONAL OBJECTIVE #18: "Install lighting at approaches to the 1-680 Freeway Underpass Art Projects." Mayor Lockhart advised that she added this objective and ranked it High, because the project was not truly complete until lighting was installed. Lighting for the approaches was not included in the original plan. Parks & Community Services Director Lowart advised the lighting installation may be quite expensive, and Staff would include it as part of the Capital Improvement Program. The Council discussed verbiage of the objective which said "install lighting", and questioned if "study the installation of lighting" would be better. City Manager Ambrose advised that, if funded, Staff would present a project to the Council for consideration with plans and specifications. At that point, it would be ready to install, if Council so directed. The Council expressed concern about wasting money on engineering and design, and indicated a preference to have a budget estimation before making any decisions. City Manager Ambrose suggested that the budget information be available as part of the Council's consideration of the 5-Year Capital Improvement Program. This recommendation would allow the objective to stay as it was currently written. Cms. McCormick, Oravetz and Sbranti ranked this objective as High. Vm. Zika ranked this obje, ctive as Medium. CItY COUNCIL MINUTES ' VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 174 The collective City Council added this objective as a HIGH priority. Mayor Lockhart called for a recess at 8:20 p.m. The meeting reconvened at 8:25 p.m. with all members of the Council present. FIRE SERVICES ADDITIONAL OBJECTIVE itl: "Provide one neighborhood open house at each fire station." Mayor Lockhart advised that she had added this objective and ranked it High. Assistant Fire Chief Sheldon Gilbert indicated that it would be a great idea to have all three fire stations participate in an open house. Cms. McCormick, Oravetz, Sbranti and Zika ranked this objective as High. The collective City Council added this objective as a HIGH priority. FIRE SERVICES ADDITIONAL OBJECTIVE #2: "Conduct pilot study to determine the feasibility and benefit of utilizing the Auto-Pulse Resuscitation System." Vm. Zika advised that he had added this objective and ranked it High, stating that the Dublin San Ramon Women's Club would like to donate an Auto-Pulse Resuscitation System to Fire Station 16. After a year-long evaluation, the system would be re-evaluated for possible inclusion in next year's budget. Assistant Chief Gilbert advised that the Fire Department felt the product was worthy of a pilot program, and the Department was excited about the technology. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 175 Cm. McCormick advised that the product would cost approximately $15,000, and the Women's Club had already raised several thousand dollars. Cms. McCormick, Oravetz and Sbranti, and Mayor Lockhart ranked this objective as High. The collective City Council added this objective as a HIGH priority. DISASTER PREPAREDNESS ADDITIONAL OBJECTIVE #3: "ProVide 'Train the Trainer' course and materials to Dublin Unified Schoo! District for school disaster training." Cm. McCormick advised that she had added this objective and ranked it as High. Assistant Chief Gilbert advised that the Alameda County Fire Department was developing a program called a School Emergency Team (SET) training program, which was a "Train the Trainer" program for School District officials based on the content of the existing Alameda County Fire Department Neighborhood Emergency Training (NET) and the California Community Emergency Response Team (CERT) program. The implementation of the program consists of distribution of a PowerPoint. presentation and video packet to the School District. The Fire Department would provide consultation and training to School District officials, so the District can implement the SET program at the local school level. Program content could be customized to fit the individual needs of the school. Program topics would include: ICS/SEMS systems; basic disaster hazard mitigation; basic first aid/triage; fire extinguisher and basic fire fighting; basic search and rescue techniques; what to have on hand for an emergency; and school security, student accountability, and reporting requirements. Cms. Oravetz, Sbranti and Zika, and Mayor Lockhart, ranked this objective as High CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 176 The collective City Council added this objective as a HIGH priority. TRANSPORTATION OBJECTIVE #10: "Develop a City-wide Bicycle Master Plank, including bicycle access to parks and open space areas." Mayor Lockhart asked the reason for Staff's ranking of Medium. Public Works Director Morton advised that the Medium ranking related to available Staff time. Mayor Lockhart asked about preliminary budget numbers. Ms. Morton advised that there were no budget number yet. Staff would have to work with a consultant to derive a budget. Vm. Zika asked if clean air funds could be used for the project. Ms. Morton advised that the funds could be used for construction only, not for the development of plans. The collective City Council ranking remained HIGH. City Manager Ambrose advised that some of the additional objectives added by Council needed to be assigned to the Strategic Goals, and recommended the following: Objective II.A-29 (Evaluate the potential of developing main street retail on Amador Plaza Road) be included in Strategic Goals 2A and 2B; and Objective III.B-18 (Install lighting at approaches to the 1-680 Freeway Underpass Arts Projects) be included in Strategic Goal 2A. The rest of the additional objectives seem to be Departmental Goals. The Council concurred with the recommendation. City Manager Ambrose asked the Council to consider the proposed changes to the Mission and Values Statements. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 177 Cm. McCormick referred to the Values Statement and suggested removing "Dublin is a place where each person has a voice." It was an awkward statement Council concurred with Staff's proposed changes, as well as Cm. McCormick's suggestion. City Manager Ambrose asked the Council to group their Top 10 High priorities to those Departments with more than 10 High priorities. The Council discussed the Planning objectives and put the following objectives into the Top 10 category: ~ Develop plans for Historical District designation of Donlon Way making certain making certain Alamilla Springs and Green Store are included. ~ Implement residential planned development and investigate opportunities to create a new village in Eastern Dublin Transit Center. ~ Evaluate Courthouse proposal. ~ Complete Pak 'n Save General Plan Amendment and Planned Development Rezoning. ~ Complete review of Dublin Ranch West Annexation (Wallis) General Plan & Specific Plan Amendments. ~ Complete Parks Reserve Forces Training Area (Camp Parks) General Plan Amendment. · Complete General Plan and Specific Plan Amendments for Eastern Dublin Property Owners Annexation Area. ~ Create new village around West Dublin BART Station. · . Develop policy defining village concept. ~ Complete Scarlett Court Specific Plan. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 178 The Council discussed the Heritage & Cultural Arts objectives and put the following objectives into the Top 10 category: · Refurbish exhibit space within the Murray Schoolhouse to provide a fresh setting that will optimally highlight Dublin's history. · Commission a land appraisal for the Dublin Square Shopping Center. · Undertake a site master plan and programming study to determine the ultimate boundaries and uses of the Dublin Historic Park. · Develop a Winter Concert Series at the Heritage Center. · Work with the developer to locate significant works of art in two key places of the Dublin Transit Center, the Village Green Center and the "Iron Horse" Plaza. · Work with BART to incorporate high quality artwork as part of the West Dublin BART Station Project. · Undertake a financial feasibility study to determine development and operational costs of the Dublin Historic Park. · Install lighting at approaches to the 1-680 Freeway Underpass Art Projects. · Explore with DHPA land/cemetery extension feasibility study. · Identify a new cultural arts special event to replace the Classic Affair at the Civic. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the City Council preliminarily adopted the Strategic Plan and Goals & Objectives Program for Fiscal Year 2004-2005. City Manager Ambrose advised that the preliminarily adopted program would be brought before the Council for final consideration at the Budget Hearing. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 179 CITY OF DUBLIN PRELIMINARY ADOPTED GOALS & OBJECTIVES 2004-2005 GENERAL GOVERNMENT ADMINISTRATION COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2004 Address short-term building space requirements for delivering City of Dublin services until City is prepared to undertake Work identified in Civic Center Master Plan. FINANCE COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2001 Complete implementation of GASB 34 rules, with focus on the valuation of the City's infrastructure. High 2. 2002 Update study for fees and indirect charges for development services (ex: evaluate city's Overhead rate charged on development projects) and on impact fees. Delete 3. 2002 Complete feasibility analysis for the DBX Bond re-financing. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 180 INTERGOVERNMENTAL RELATIONS COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2004 in Vision Project. PUBLIC RELATIONS COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1: 2004 Publish an Annual City Newsletter High 2. 2003 Develop Leadership Academy in conjunction with Chamber of Commerce and Las Positas Colle CONTRACT ADMINISTRATION COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE Perform contract evaluations on the following services: High 1. 2004 Contract Crossing Guards High 2. 2004 Building & Safety 3. 2004 MCE Maintenance :, CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 181 COMMUNITY DEVELOPMENT PLANNING COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2002 Develop plans for Historical District designation of Donlon Way making certain Alamilla Springs and Green Store are included. High 2. 2004 Implement residential planned development and investigate opportunities to create a new village in Eastern Dublin Transit Center. High 3. 2002 Evaluate Courthouse proposal. High 4. 2002 Complete Pak 'n Save General Plan Amendment and Planned Development Rezoning. High 5. 2001 Complete review of Dublin Ranch West Annexation 0Nallis) General Plan & Specific Plan Amendments. High 6. 2001 Complete Parks Reserve Forces Training Area (Camp Parks) General Plan Amendment. High 7. 2002 Complete General Plan and Specific Plan Amendments for Eastern Dublin Property Owners Annexation area. High 8. 2004 Create new village around West Dublin BART Station. High 9. 2004 Develop policy defining village concept. High 10. 2002 Complete Scarlett Court Specific Plan. High 11. 2004 Process GPA for updated Parks & Recreation Master Plan. High 13. 2002 Develop StreetScape Guidelines. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 182 High 14. 2002 Revise General Plan to accommodate more in the ,. ~Medium 17. 1996 Develop City TelecommunicatiOns Policy beyond Zoning Ordinance for Wireless Communications. Medium 18. 2003 Complete Starward Drive General Plan Amendment Study. Medium 19. 2003 Investigate Options for Shamrock Village. Medium 20. 2001 Investigate parking and access alternatives for Village Parkway Specific Plan Area. Medium 21. 2003 Complete Review of Moiler Annexation and General Plan & Specific Plan Amendments. Medium 22. 2003 Complete Review of Mission Peak Annexation and General Plan & Specific Plan Amendments. Medium 24. 2003 comPlete GPA Study on the Transportation Corridor Right-of-Way. Medium 25. 1996 Update City's General Plan. Delete 28. 2003 Develop a fee for General Plan revisi°ns. Delete 29. 2003 Open Space Implementation. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 183 HOUSING COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2003 Complete Senior Housing Project. High 2. 2004 Assist Dublin Housing Authority in evaluating potential renovation/redevelopment of Arroyo Vista Housing. High 3. 2002 Develop a 5-Year Affordable Housing Program. High 4 2003 Undertake Housing Needs Assessment. High 5. 2003 Implement First Time Home Buyer Program Development. Medium 6. 2002 Complete Commercial Linkage Fee Study. Medium 7. 2003 Implement State law requirements on density bonus and emergency shelters by completing Zoning Ordinance Amendment. BUILDING & SAFETY COUNCIL PRIORITY # YEAR PROPOSED OBIECTIVE High 1. 2004 Conduct Feasibility Study for Universal Design Ordinance and handicap addition to the Building Code Regulations. High 2. 2004 Prepare Operational Guidelines for Green Building Ordinance. Delete 3. 2004 Implement Curb Address Painting Program. ENGINEERING COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 184 ECONOMIC DEVELOPMENT COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2001 Negotiate Lease Agreement and resolve financing strategy for the West Dublin BART Project. High 2. 2003 Work with Dublin Place Shopping Center to facilitate new improvements to the Center. High 3. 2003 Work with Dolan Lumber owners to facilitate development opportunities. High 4. 2003 Work with Shamrock Village to facilitate improvement to the Center. High 5 2002 Develop economic incentive strategy for Central Business District. CULTURE & LEISURE PARKS & COMMUNITY SERVICES COUNCIL PRIORITY _~ YEAR PROPOSED OBJECTIVE High 1. 2004 Complete construction of new Senior Center and prepare for operation of new facility. High 2. 2001 Develop a master plan & phasing plan for Sports Park on Gleason Drive & Fallon Road including evaluation of BMX Track.. High 3. 2004 Conduct a programming study to explore trends/local market opportunities and determine the community's preferred components for a new recreation/aquatic complex. High 4. 2004 Work with EBRPD to complete negotiations for land acquisition in the western hills for an Open Space Area. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 185 High 5. 2004 Identify and secure sources of funding for land acquisition in the western hills for an Open Space Area. High 6. 2004 Develop and implement a teen website to promote activities, services and programs for Dublin teens. High 7. 2004 Work with EBRPD and the City of Pleasanton to conduct a preliminary engineering study and identify funding sources to facilitate the connection of Alamo Creek Trail under 1-580 to Pleasanton trails. High 8. 2004 Based oh the results of the programming study, conduct a financial analysis to determine the estimated construction and operational costs of a new recreation/aquatic complex. High 9. 2001 Explore opportunity to use Dougherty Hills Open Space on Amador Valley Blvd at for Do Park. Medium 11. 2004 Closely monitor development projects Citywide to identify potential sites for a unique passive park/recreation facility. Medium 12. 2004 Upon completion of land acquisition in the western hills, complete an Open Space MaSter Plan and appropriate CEQA documents. Medium 13. 2004 Develop plan for replacement of existing marquee at Shannon Community Center. with an electronic marquee. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 186 Medium 16. 2003 Explore opportunities for a community garden. Delete 17. 2003 Replace existing marquee at Shannon Community Center with an electronic marquee. Delete 18. 2000 Update Facility Use Agreement with Dublin Unified School District. Delete 19. 2002 Work actively to develop a regional park in the west hills open to the public. Delete 20. 2003 Explore Historic Park on Donlon Way. HERITAGE & CULTURE COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2003 Refurbish exhibit space within the Murray Schoolhouse to provide a flesh setting that will optimally highlight Dublin's history. High '2. 2004 Commission a land appraisal for the Dublin Square Shopping Center. High 3. 2004 Undertake a site master plan and programming study to determine the ultimate boundaries and uses of the Dublin Historic Park. High 4. 2004 Develop a Winter Concert Series at the Heritage Center High 5. 2004 Work with the developer to locate significant works of art in two key places of the Dublin Transit Center, the Village Green Center and the "Iron Horse" Plaza. High 6. 2004 Work with BART to incorporate high quality artwork as part of the West Dublin BART Station Project. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 1.87 High 7. 2004 Undertake a financial feasibility study to determine development and operational costs of the Dublin Historic Park. Y High 9. 2003 Explore with DHPA land/cemetery extension High 11. 2002 Complete the process of placing Old St. Raymond's Church and Murray Schoolhouse on the National Register of Historic Places. High 12. 2002 Work with Dublin Fine Arts Foundation to complete Art in the Parks projects for Bray Commons and Dolan Neighborhood Parks. Medium 13. 2004 Replace fencing in front of Murray Schoolhouse on Donlon Way with fencing similar to that in the Old St. Raymond's Church courtyard; modify and upgrade frontage landscaping as needed. Medium 14. 2004 Implement Phase II of the Downtown Public Art/Bus Shelter Project Medium 15. 2004 Install a small old-fashioned schoolyard playground adjacent to the picnic area at Murray Schoolhouse to reflect the era of the Schoolhouse. Medium 16. 2004 Investigate the possibility of obtaining accreditation for the Heritage Center through the American Association of Museums. Delete 17. 2001 Investigate the feasibility of a Performing Arts Center. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 188 PUBLIC SAFETY POLICE COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2004 Conduct a school safety exercise with Dublin Unified School District with a focus on sheltering students within classrooms. High 2. 2004 Enhance current crime analysis system by utilizing emerging technology to identify crime trends. High 3. 2004 Provide cultural awareness/diversity training to Police staff. High 4. 2004 Develop a teen driver safety/education program. FIRE SERVICES COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE DISASTER PREPAREDNESS COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2004 Develop comprehensive EOC training and exercise program. High 2. 2004 EquiP Fire Station 17 as alternate Emergency Operations Center. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 189 WASTE MANAGEMENT COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2004 Issue RFP for solid waste/recycling collection and disposal and negotiate agreement with service provider. TRANSPORTATION MAINTENANCE COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2004 Implement 5 new community volunteer projects. Medium 2. 2004 Undertake a study to examine Dublin's ultimate maintenance needs, develop a conceptual plan for a new maintenance yard, and examine potential suitable sites in Dublin. TRANSPORTATION COUNCIL PRIORITY # YEAR PROPOSED OBJECTIVE High 1. 2004 As part of the GPA for Parks RFTA, evaluate alternatives for a Central Parkway extension to Dougherty Road and interface options to the planned Scarlett Drive Extension. High 2. 2004 Adopt a specific alignment of Fallon Road from 1-580 to Bent Tree Drive. High 3. 2003 Complete Downtown Traffic Impact Fee Study. High 4. 2002 Work with Pleasanton and Livermore to develop a cost sharing agreement for the ultimate improvement of the 1-580/Fallon Road Interchange. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 190 High 5. 2004 Work with the Contra Costa Transportation Authority to develop a regional traffic model and seek concurrence from the TVTC for the adoption of the model for use in regional traffic planning. High 6. 2001 Work with ACTIA for the implementation of the Measure B transportation project along the Scarlett Drive corridor between Dublin Blvd. and Dougherty Road. High 7. 2004 Utilize new TVTC traffic model to work with Livermore, Pleasanton, Alameda County and the Tri-Valley Transportation Council to examine configurations of streets parallel to 1- 580 (i.e., Dublin Blvd./North Canyons Parkway, Stoneridge Drive/Jack London Blvd.) and make recommendations/advocacy. High 8. 2003 As part of the development of the new 2004- 2009 CIP, incorporate necessary Transit Center Projects to insure timely completion of improvements in parallel with Transit Center demand. High 9. 2004 Update Tri-Valley Transportation Development Fee Nexus Study, together with the other 6 agencies in the TVTC. Medium 10. 2004 Develop a City-wide Bicycle Master Plan, including bicycle access to parks and open space areas. Medium 11. 2004 Examine the feasibility of coordinating central communications for traffic signals in downtown Dublin. Note: Shaded objectives indicate a change in or addition to Council ranking. Numbers may differ from those in Preliminary Goals & ObjeCtives documents as a result of Council ranking. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 191 2004-2005 BUDGET STUDY SESSION 9:12 p.m. 8.2 (330-20) City Manager Ambrose presented the Staff Report. Mr. Ambrose indicated that the City's Annual Budget Study Session provides the City Council with an opportunity to identify those programs, services, and projects the Council would like Staff to analyze as part of the development of the City's Annual Operating Budget and' the update of the Five-Year Capital Improvement Program for the upcoming year. The Budget Study Session also serves as a means of providing the Council with early information regarding those items that may have significant impact (positive or negative) on the City's expenditures and revenues in 2004-2005. The Study Session is also designed to minimize last minutes budget issues for which there would be insufficient time to evaluate. Mr. Ambrose gave the following analysis of anticipated future impacts on the FY 2004-2005 Budget: REVENUE 1. Effects of the Economy - Continued economic uncertainty has resulted in a downturn for the City in several revenue areas, including interest income and transient occupancy tax during Fiscal Year 2003-2004. Several other major revenue sources will be discussed in more detail below. Building Permit revenue has increased. The City has exceeded building valuation estimates for the current year. There is also an expectation that the City's transient occupancy tax revenue will experience some growth in the next fiscal year, as the City hotels recently report a gradual upturn in business. 2. Property Tax - At this time, Staff anticipates modest growth in the City's property tax as a result of projects that are already in process and will result CITY COUNCIL MINUTES VOLUME 23 AD~IOURNED REGULAR MEETING April 19, 2004 PAGE 192 in additional assessed valuation for the upcoming Fiscal Year. The City is still faced with a potential additional shift in the amount of the Educational Revenue Augmentation Fund (ERAF). The Governor's initial proposal would result in a potential City loss of $275,000 to $300,000 - Dublin's estimated "share" of the total $1.3 billion dollar proposed shift. If this legislation is passed in its current form, it is estimated that this could create a PERMANENT additional reduction to the City's property taxes on an annual basis beginning in Fiscal Year 2004-2005. In addition, property taxes will be impacted by the "Triple Flip" disCUssed below. 3. Sales Tax -Auto sales have continued to provide the City with a strong sales tax income for Fiscal Year 2003-2004; total sales tax collections through March 2004 are approximately 4.5% ahead of last year. Staff anticipates that auto sales will remain solid, since it is expected that the rebates and Iow or no interest rates on auto sales will continue to be part of this industry landscape for at least a part of Fiscal Year 2004-2005. The City also now has some of the preliminary information on holiday sales, which show that the City experienced a strong holiday, season, with sales up about 6.4% in the major business groups over the same quarter for the previous year. With these current trends, it is therefore anticipated the City may realize a slight increase in sales tax for Fiscal Year 2004-2005. In addition, sales taxes will be impacted by the "Triple Flip" discussed below. 4. Triple-Flip - The triple flip does not officially take place until July 1st of Fiscal Year 2004-2005. The triple flip would "swap" 25% (or 1/4 cent) of local sales tax revenues for an equal amount of property tax revenues. The 1/4 cent sales tax lost at the local level is then reenacted at the State level. The State would dedicate the "flipped" proceeds to repay the deficit reduction bonds. This is a complicated accounting, reporting and disbursement procedure. Even if the implementation is relatively smooth and the City is reimbursed for direct losses, the City will receive the backfill less often than its normal sales revenues. Thus, the City also anticipates a reduction in interest revenue due to the fact that property tax revenues are received on a much less frequent basis than the monthly sales tax revenues. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 193 5. Impact of the Projected State Budget Deficit - The State not only has a multi-billion dollar deficit for the current year, but is facing a deficit for Fiscal Year 2004-2005. The largest potential impact to the City continues to be the Vehicle License Fee (VLF). The amount of VLF received in the current Fiscal Year has declined from the prior Fiscal Year due to lower car sales statewide and due to the State not paying the backfill portion of the VLF for the first three months of Fiscal Year 2003-2004. Unless the State passes a budget that provides funding to reestablish the payment of the backfill portion of the fee, the City could lose approximately $1.5 million in VLF for Fiscal Year 2004-2005. The Governor is proposing to include backfill in the 2004-2005 Budget. 6. New Development - In Fiscal Year 2004-2005, the City expects to see construction on the following commercial projects: , Enea retail project at the corner of Village Parkway and Amador Valley Blvd · Trumark Commercial , Dublin Buick expansion , Ulferts ~ San Ramon Village Shopping Center It should be noted that none of the above-mentioned projects will create a full year of sales taxes, but, these businesses are expected to be open during the upcoming fiscal year. Also, Staff expects that the IKEA project will obtain its building permits during Fiscal Year 2004-2005. No additional sales tax revenues will be generated by IKEA until the latter part of Fiscal Year 2005-2006. Staff does not expect to see a softening in the Single Family residential market during Fiscal Year 2004-2005. 7. Booking Fees - As of this date, it appears that the City will not receive the State reimbursement for booking fees; this will reduce City revenues by approximately $60,700. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 194 8. SB 90 State Mandated Cost Reimbursements - Due to the current suspension of State Mandate Cost Reimbursements, these revenues will not be received in the current fiscal year. The adopted budget for Fiscal Year 2003-2004 does not assume revenue from this source. Since this revenue remains deferred, Staff will not include this revenue in the proposed budget for Fiscal Year 2004-2005. EXPENDITURES Staff has identified a number of items that were anticipated to have a significant impact on the City's budget for Fiscal Year 2004-2005. This analysis did not include inflationary increases associated with materials, supplies, equipment or increased costs associated with salaries and benefits for City employees. 1. City Personnel - City Departments have expressed a need for additional staff in order to keep pace with development. These proposals are being explored and, subject to Council approval would increase Salary and Benefit costs next year. The recruitment of an additional Senior Planner has been authorized by the City Council in Fiscal Year 2003-2004 and will be included as a new full time position in Fiscal Year 2004-2005, provided funds are available. 2. Additional Police Costs - Staff anticipates for Fiscal Year 2004-2005 that there will be additional Police costs associated with salary and benefit increases for the Alameda County Sheriff's Department personnel. The City is also faced with significant increases proposed for Dispatch Services. It is expected that the Police Services Budget request, if funds are available, will be approximately $450,000 (or about 6%) above the approved budget amount for the current year, not including negotiated wage and benefit increases which are yet to be determined by the County for Fiscal Year 2004- 2005. It is also projected that the estimated actual costs for Fiscal Year 2003- 2004 could exceed the budget by $245,000, primarily due to increased benefit costs. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 195 3. Fire Services - Fire Service costs are expected to increase in Fiscal Year 2004- 2005 by approximately $905,000; these increases are due to increased salary and benefit costs for contract Fire Staff, including COLA's and a significant increase in the PERS retirement rate (from 12.331% to 21.543%), which will become effective July 2004. 4. Maintenance - In Fiscal Year 2004-2005, it is anticipated that the City will experience additional park, civic center, street, sweeping, landscape, tree and signal maintenance costs associated with new infrastructure that in being completed in Fiscal Year 2003-2004. 5. Carryover Capital Projects from Fiscal Year 2003-2004 - As covered in the Fiscal Year 2003-2004 Mid-Year Budget Update, it is expected that approximately $313,000 will be carried over into Fiscal Year 2004-2005 for Capital Projects funded by the General Fund that were initiated but not completed in the current fiscal year. Additionally, the City's current 5-Year Capital Improvement Program identifies approximately $3.8 million in projects with funding from the General Fund which are scheduled for Fiscal Year 2004-2005. If the negative impacts from the State budget/economy and/or other potential revenue shortfalls materialize, Staff projects that there may be insufficient revenues to finance all the Capital Projects scheduled for the upcoming fiscal year. The Council and Staff engaged in a question and answer session regarding last year's budget and the upcoming fiscal year bUdget. City Manager Ambrose referred to the first category, Operating Expenditures, of the Budget Issues Worksheet (Attachment 5) and advised that it would provide an opportunity for Council to look at any added or dropped services or revenues to it would like Staff to consider this year. CITY couNCiL Mi~Tgg VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 196 The Council gave Staff the following direction regarding Operating Expenditures, Capital Expenditures, and Contract Services: OPERATING EXPENDITURES 1.A. Should the service levels adopted in the 2003-2004 Budget be used as the starting point (i.e., base level of service)? Yes - by a consensus. 1.B. To the extent the City Council's 2004-2005 Goals & Objectives require additional resources not included in the current budget, should the 2004- 2005 Budget fund only High Priority Objectives? Yes - by a consensus. 1.C. During Fiscal Year 2003-2004, the City funded a number of community groups. For each community group identified, please identify whether the community groups' funding request should be included in the base level or in a higher service level of service in Fiscal Year 2004-2005. The Council determined that the following ccimmunity groups should be included in the Base Level: Drug Substance Abuse Council (Dry Grad Night, Red Ribbon Week); Alameda County Green Business Program; Child Care Links; Tri-Valley Community Television; Dublin Partners in Education ($10,000 only); Tri-Valley Business Council; and Tri-Valley One-Stop Career Center. Pacific Chamber Symphony was deleted by Council consensus. The Council determined that the following community groups should be included in the Higher Service Level: Dublin Unified School District; Bay Area Buy Recycled Paper Campaign; Emergency Services Network of Alameda County; Dublin F'.me A.rts Foundation; and the Tri-Valley Convention & Visitors Bureau.... CItY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 197 CAPITAL EXPENDITURES 2.A. Of those projects currently identified in the Five-Year Capital Improvement Program (CIP), are there any projects which you would like to see funded in Fiscal Year 2004-2005? None - by a consensus. 2.B. Are there any new Capital Projects that are not in the current Five-Year CIP that you would like to see included in the new Five-Year CIP? None - by a consensus. Cm. Sbranti asked if the intersection of Brighton Drive and Amador Valley Boulevard should be signalized. Traffic gets very backed up during school hours. Public Works Director Morton advised that the Traffic Engineer had studied that intersection, and because of its proximity to another signal, felt it was not feasible. Staff suggested working with the School District to stagger school schedules. Council and Staff discussed the issue, and that other schools were involved in the mix. Council agreed that Staff should work with the School District first. 2.C. In the 2003-2004 Budget (as adjusted), a total of $6,057,383 was allocated from the General Fund for Capital Projects. If this funding is necessary for Operating Expenditures in 2004-2005, which of the alternatives do you prefer for funding Capital Projects in 2004-2005? Defer 2004-2005 Capital Projects to a later year - by a consensus. CONTRACT SERVICES Council was asked if Staff shoul'd evaluate any aspect of the service other than the cost of providing the service for Fiscal Year 2004-2005? CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 198 Council directed Staff to examine the cost for Building & Safety Services with Linhart Petersen Powers & Associates and. 4 Leaf; Crossing Guard Services with All City Management; and Maintenance Services with MCE. Mayor Lockhart asked Staff to provide an update on MCE's Quality Control Program. Cost on all with an update regarding MCE's Quality Control Program - by a consensus. RESERVES The Council was asked if use of the Reserves should be limited to Capital or other one-time expenditures? Yes - By a consensus. BUDGET CALENDAR The City Council chose Monday, June 28, 2004, at 6 p.m. for the Annual Budget and Five-Year Capital Improvement Program public hearing. The Final Goals & Objectives Program and Strategic Plan will be adopted as part of that process. OTHER BUSINESS Cm. Sbranti advised that Dennis Klein, a very active community member, passed away unexpectedly recently, and asked to adjourn the meeting in his honor. The Council offered its deepest condolences to Mr. Klein's family. CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 199 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:05 p.m., to the regular Council meeting of April 20, 2004, at 7:00 p.m. in the Dublin Council Chambers. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 23 ADJOURNED REGULAR MEETING April 19, 2004 PAGE 200 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. Conference with Legal Counsel EXISTING LITIGATION- Subdivision (a) of Government Code Section 54956.9. Name of Case: Robert M. Bischoff, Michael E. Bischoff v. City of Dublin, Animal Control - Superior Court of the County of Alameda Case No. VG03129151 2. Conference with Legal Counsel- ANTICIPATED LITIGATION significant exposure to litigation pursuant to Government Code Section 54956.9000)(1) (ONE potential case) - Facts and Circumstances: Government Code Section 54956.9(19)(3)(A). A regular meeting of the Dublin City Council was held on Tuesday, April 20, 2004, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 201 ACCEYFANCE OF GIFFS TO CITY FROM ST. PATRICK'S DAY SPONSORS $.1 (150-70) This item was pulled from the agenda. It will be rescheduled in the future. 7:06 p.m. Mary Beth Acuff, San Ramon Road, addressed the Council related to the USA Patriot Act. They approached City Councils in the area several months ago related to legislation in Washington and thanks to Cm. McCormick they got a resolution passed by this City Council and it was the first one passed in the Tri-Valley. Her phrasing is the basis for all those passed. We are solidly in the camp of those millions of Americans concerned that the U. S. Constitution not be usurped by contemporary legislation. They would like to have a community forum. Many people are not sure why this should be of concern to ordinary folks. A forum will take place next Wednesday, April 28th in the Little Theater at Las Positas College at 7:$0 p.m. You can ask whatever questions you may have on the USA Patriot Act. 7:09 p.m. Laura Leitner, Mahogany Street, addressed the Council related to Ordinance No.'s 10 and 11-04, voted on on April 6tk She stated she is not usually a NIMBY, but IKEA will have such a drastic effect on traffic flow. They have put together a petition and will begin circulating it soon. She asked for an open mind when they return with signatures. 7:11 p.m. Ira Leitner, Mahogany Street, stated he has great respect for everybody. He thanked Cm. Oravetz for starting this movement. They want to get the 1400-1500 people to sign the petition because they feel I-580 cannot support one more car. They respect IKEA and this has nothing to do with this company. He is a network engineer and he loves living in Dublin. The traffic situation is beyond Dublin and has to be addressed at all levels of government. IKEA will make a terrible situation even worse. He stated they will be doing everything they can to stop this. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 202 7:13 p.m. Swati Chopra, Mahogany Street, who filled out a speaker request form, when called upon, indicated he did not wish to speak. Sanjeev Chopra, Mahogany Street, who filled out a speaker request form, when called upon, indicated she did not wish to speak. 7:I4 p.m. Ann Crawford, Squirrel Creek Circle, stated she is a 25 year resident of Dublin has a lot at stake in Dublin. They voted for Dublin to become a City. She has also been asleep and didn't realize what is going on. We don't need a traffic report to tell us what the roads are like. This is nothing against IKEA. She will support the petition. She stated it recently took them one hour driving from Castro Valley to Livermore. IKEA will brin$ in a lot of people. Her quality of life is such that she doesn't desire to have this. She wants to enjoy the clean air. At the very least, she asked that the City please reconsider the height of the sign, which is completely unacceptable in her view. 7:17 p.m. Tamara ricarra, Applegate Way, stated she knows the Council has voted for IKEA, but also knows the roads are very very busy. She doesn't like the crowds and getting stuck there. Do we need to have this type of business in our community? She isn't taking BART to pick up furniture. We also didn't mention the traffic coming from Stockton, Modesto, Tracy and Manteca. She is opposed to building this. CONSENT CALENDAR 7:18 p.m. Items 4.1 through 4.14 Vm. Zika stated he would abstain from voting on the March 20, 2004 special meeting minutes. Mayor Lockhart pulled Items 4.5 and 4.6. '" CITY C ' VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 203 On motion of Cm. Sbranti, seconded by Vm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.I) Minutes of Special Meeting of April 6th, and Regular Meeting of April 6, 2004; Adopted (4.2 600~60) RESOLUTION NO. 60- 04 APPROVING IMPROVEMENT AGREEMENTS FOR THE TASSAJARA CREEK NORTH (SOMERSET LANE) AND TASSAJARA CREEK SOUTH (MAYMONT LANE) BRIDGES ASSOCIATED WITH TRACT 7414, TASSAJARA CREEK PHASE 3 (GHC ROXBURY, LLC- A DELAWARE LIMITED LIABILITY) Adopted (4.$ 600-50) RESOLUTION NO. 61 -04 ACCEPTANCE OF IMPROVEMENTS FOR SCARLETT DRIVE AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES (SONIC DEVELOPMENT, LLC) Approved (4.4 600-35) Budget Change of $7500 from Category 2 Eastern Dublin Traffic Impact Fees and adopted RESOLUTION NO. 62 -04 AWARDING CONTRACT 04-02 - TRAFFIC SIGNAL UPGRADE DUBLIN BOULEVARD AND SCARLETT DRIVE TO STEINY AND COMPANY, INC. ($38,636) Mayor Lockhart pulled Items 4.5 and 4. G which extend the dmeframes for the Tract Developer Agreement for Tassajara Creek, Phase I and for Phase II and asked what parts are being extended. Public Works Director Melissa Morton stated both extensions are to ensure that ali of the improvements are complete and that the rest of the homes are constructed. Before we CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 204 ~¢¢¢pt public improvements, M1 construcEon [mfEc must be off th~ streets ~nd we ~¢cep! pzisdn¢ improvements. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.5 600~60) RESOLUTION NO. 63- 04 APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 7075 (TASSAJARA CREEK PHASE I BY GHC INVESTMENTS, LLC) and adopted (4.6 600-60) RESOLUTION NO. 64- 04 APPROVING SECOND AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 7279 (TASSAJARA CREEK, PHASE II, BY GHC INVESTMENTS, LLC) Authorized (4.7 600-35) Staff to solicit bids for Contract 04-01, Traffic Signal at Dublin Boulevard and Inspiration Drive; Approved (4.8 600-35) Budget Change of $7,000 from the General Fund and authorized Staff to advertise for bids for Contract 04-06, 2003~04 Annual Street Overlay Program; Received (4.9 320~50) City Treasurer's Investment Report for 5ra Quarter of FY 2005~ 04, indicating that the City's investment portfolio totals $95,648,248 (market value), with funds as of March 51, 2004 invested at an average yield of 2.133%; Received (4.10 350~50) Financial Reports for the Month of March 2004; CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 205 Accepted (4.11 600~$5) improvements for Contract 05~08, Alamo Creek Bike Path Amador Valley Boulevard to North City Limits and authorized the release of retention after $5 days if there are no subcontractor claims; Approved (4.12 600-$5) Contract 01-12 Change Orders S5, $8 and $9 and accepted improvements for I~ 580/Tassajara Road Interchange Improvement Project, approved release of retention after $5 days if there are no subcontractor claims, and approved a Budget Change in the amount of $55,650.14; Adopted (4.1S 600~$0) RESOLUTION NO. 65 - 04 APPROVING AN AGREEMENT WITH THE ZAHN GROUP FOR CONSULTING SERVICES FOR THE SHANNON COMMUNITY CENTER and approved a Budget Change; Approved (4.14 $00~40) the Warrant Register in the amount of $908,455.06; On motion of Cm. sbranti, seconded by Cm. Oravetz (Vm. Zika abstained), and by majority vote, the Council approved (4.1) Minutes of Special Meeting of March 20, 2004. PUBLIC HEARING - AMB PROPERTIES, WEST DUBLIN TRANSIT VILLAGE APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE PARCEL MAP AND SITE DEVELOPMENT REVIEW (SDR) AND PLANNING COMMISSION'S RECOMMENDATION TI-IAT COUNCIL APPROVE MITIGATED NEGATIVE DECLARATION, PLANNED DEVELOPMENT REZONING AND STAGE2 DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT (DA) PA 02-003 7:22 p.m. 6.1 (410~$0/600~60) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. The City Council will consider an appeal of the Planning Commission decision to approve Tentative Parcel Map and Site Development Review for a transit village at 6700 Golden Gate Drive, proposed by AMB Property, and to appeal the Planning Commission's recommendation to Council to approve a Mitigated Negative Declaration, CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 206 Planned Development Rezoning and Stage 2 Development Plan and Development Agreement for the transit village. On March 4, 2004, the law firm of Adams Broadwell Joseph and Cardozo, representing the International Brotherhood of Electrical Workers Union Local 505, Sheet Metal Workers Union Local 104, and the Plumbers and Steamfitters Union Local $42, submitted a Letter of Appeal appealing the February 24, 2004 Planning Commission approval of the Site Development Review and the Tentative Parcel Map for the AMB Properties project and the Planning Commission's recommendations of approval of the Mitigated Negative Declaration, Planned Development Rezoning and Stage 2 Development Plan, and the Development Agreement to the City Council. The Letter of Appeal includes a second letter, also dated March 4, 2004, consisting of $6 pages plus 7 attachments. The arguments supporting the appeal are voluminous, but there appears to be two grounds for the appeal. The first ground is summarized by the Appellant as: ~the City's failure to comply wTth CEQA by relyin$ on an inadequate ISND, instead of prepadn$ an environmental impact report (ELK)." The Appellant further states: '~substan~'al evidence in the record supports a fair ar~gument that the project NIl have si~nificant en vironmental impacts on traffic, public health, air quali05 water quali&, and other resources. ~ The ^ppellant's second ground for the appeal is that the City allegedly failed to follow. procedural requirements by not sending the proposed negative declaration to the State Clearinghouse and providing a SO-day comment period. The Appellant asks the Council to uphold the appeal, withdraw the Initial Study/ Mitigated Negative Declaration and prepare a draft EIR for the project. In addition to the Letter of Appeal, the Appellant submitted late comments on the MND for the project after the public review period was over, and in response to Staff's Responses. Staff advised that the Appellant's first argument is addressed in: 1) this Agenda Statement; 2) the Agenda Statement for Item 6.2; $) the Mitigated Negative Declaration; 4) the February 10, gO04 Responses to Comments Matrix; and 5) the Responses to Late Comments on MND dated April 20, 2004. The ^ppellant's second argument is addressed in: I) this Agenda Statement; 2) the Asenda Statement for Item 6.2; $) the MND; 4) the February I0, 2004 Responses to Comments Matrix (Responses Number 2 and $6); and 5) the Responses to Late Comments on MND dated April 20, 2004. CITY COUNCIL MINIJTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 207 In summary, Staff stated the grounds for the appeal are that the City failed to comply with CEQA by relying on an inadequate Initial Study/Mitigated Negative Declaration and, instead, should have prepared an EIR. The Appellant also argues that the City failed to follow procedural requirements of CEQA by not submitting the Initial Study/MND to the State Clearinghouse and providing a 30~day comment period. Staff believes it is appropriate for the City Council to adopt the MND for the Project and find that no subsequent EIR was required under CEQA Guidelines Section 15162, and that the Project would have no significant impacts because it includes programs, standards and improvements required through the West Dublin BART Specific Plan and through the City's standard conditions of approval. The grounds for adoption of the MND are set forth in the Agenda statement for this item and the Agenda Statement for Item 6.2. Submission of the MND to the State Clearinghouse was not required. Staff therefore recommended that the Council affirm the Planning Commission's approval of the Tentative Parcel Map and Site Development Review, find the Planning Commission Resolutions recommending Council approval of the MND, PD Rezoning and Development Agreement are not appealable and deny the appeal. Tanya Gulesserian, Attorney with Adams Broadwell Joseph & Cardozo, stated she was representing the International Brotherhood of Electrical Workers Local 595, Sheet Metal Workers Union Local 104 and the Plumbers and Steamfitters Union Local 342, whose members reside, recreate and work in the City of Dublin. She stated she would like to reserve a few moments after the applicant's presentation to clarify any information necessary. The EIR process is the legally mandated process of reviewing when fair arguments have been made that there will be significant impacts on the community. Staff's presentation did not go into why the EIR is not required in this case. Staff has stated opinion that EIR has already been done; however, no EIR has been done for the Dublin Transit Center project as required under CEQA. She discussed the legal requirements. The Negative Declaration that was prepared in 2000 was done on 3 Specific Plans in Dublin. This is the same scenario that courts are clear that project reviews are required. Substantial evidence standard was discussed~ Sierra Club vs. County of Sonoma cited. The project will result in significant traffic, air quality, water quality, public health and numerous other resources which they detailed in their comment letter. Mitigation proposed is unenforceable, doesn't exist in conditions of approval, or is nonsensical. Staff did not analyze the impacts on the retail component, or a typical office building. They used traffic counts for a typical corporate headquarters building. This would be a single tenant building. Staff never analyzed traffic during construction. There was failure to analyze worst case hypothetical scenario. CEQA requires the city to look at worst case traffic impacts from the project. She discussed impacts with and without BART station. Staff admits that the project will contribute to CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 208 unacceptable traffic level impacts. Their own traffic expert finds that level F will be at intersection of Dublin Boulevard and Dougherty Road. Triple turn lanes were suggested in order to approve to level D. This is highly radical and there is no discussion on whether this would actually be done. The City Council's job is to ensure that significant impacts will be mitigated to less than significant level before you approve a project. Parking was discussed. This plan doesn't provide on site parking to meet current City standards. Public Health - experts performed health risk assessments. Risk levels exceed the Bay Area Air Quality Management District acceptable levels. Impacts have not been analyzed by Staff for this project. Measures were suggested which could reduce impacts. Hydrology, flooding and water quality impacts were discussed. Basement construction requires further analysis. They have submitted evidence with assistance from technical experts. Traffic - conditions of approval state mitigation measures in other documents should be incorporated here to reduce impacts. Extension of St. Patrick Way is spelled out and is clear in the Development Agreement. The fee hasn't been identified and the timing of improvements hasn't been identified. If there are conflicts, it states that the Development Agreement shall prevail. It is unclear as to what mitigation measures will actually be incorporated. There is no clear example that a clear argument has been made that this project may have significant impacts. You only need this under CEQA. She urged the City Council to uphold the appeal. Vm. Zika discussed the comment about small retail requiring $0 additional trips and asked at what point CEQA is triggered? Ms. Gulesserian responded she felt one additional trip would contribute to significance which we haven't analyzed. Vm. Zika asked about the different traffic figures for corporate versus regular office building. How significant is that? Do we have any data or is this just a conclusion? Ms. Gulesserian stated numbers were provided showing the different counts. Vm. Zika discussed the lack of adequate parking comment. Housing and retail establishments close to a transit center provide that you have less than the usual required number of parking spaces because people will walk to and from the transit center to services and homes, etc. He asked if they are against high density growth which is smart growth? Ms. Gulesserian stated this assumes the BART station will be built. There is no discussion of timing. The issue is whether the potentially significant impacts have been analyzed. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 209 Cm. Oravetz stated smart growth is what we're all about. Research out of UC Riverside and Cal Poly Tech is telling us this is what we need to do. He commented since she is representing unions, he asked if they will be seeing more unions coming at us? Ms. Gulesserian replied transit villages are part of the new wave of urban infill and reflect more sustainable development. This does not mean that we should not do environmental review for these projects. We can make them be the best they can be for our Community. They will be a poster child on how to do an urban village in a transit center. We must make statement on how they can be mitigated. This type of planned development is good, but not an excuse not to make sure the impaCts are addressed. We just need to work on it a little more. These union members reside in the area. They work and commute and recreate in the City of Dublin and in Alameda County. They are concerned about sustainable development. Poorly planned development projects lead to growth moratoria on future project approvals. We cannot ignore all of our environmental laws. Mayor Lockhart asked if any of their consultants were present this evening? Ms. Gulesserian replied no. Mayor Lockhart asked if any of the consultants had actually been to Dublin. Did they observe the community and the land? Ms. Gulesserian stated yes, several of them have worked on other projects in Dublin and Alameda County. Mr. Rollins lives in the Bay Area and had opportunity to come and visit the site. Two others visited the site and location and did public health portion. Mayor Lockhart asked why they refer to this as empty land? Ms. Gulesserian stated this was a typo. City Staff has repeatedly referred to this as empty land. Mayor Lockhart indicated she believed the consultants referred to the land as empty when in fact, there is a large warehouse there which is operational. Cm. Sbranti talked about current uses. How does this environmentally worsen what's there now?. Diesel trucks are in and out all day. Ms. Gulesserian responded mixed transit uses are good projects to replace industrial in projects such as this. They are looking, at the environmental impacts of this project and CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 210 there are no residential uses there at the present time. They will compare the existing base line traffic impacts with the proposed project. City Staff has found that there will be significant impacts. Cm. Sbranti explained that this is the second transit village we have in Dublin. The Eastern is considerably more intense. How was that project not appealed? Ms. Gulesserian stated she did not have an opportunity to look at that project. Cm. McCormick noted that the word vacant land was used. Some of their conclusions make her believe that the land really is vacant. There is a thriving business there now that makes 400 trips per week out of there. Other experts who studied the area have found that' this new use will actually improve the air quality. She suspects that their consultants were misinformed. This is unfortunate. She stated she finds it suspect. Ms. Gulesserian urged her to look at the letters submitted by their consultants, You will see f'mdings related to cumulative air quality impacts based on the City's projects and consistency with numbers with the Clean Air Plan. All projects need to be looked at. Mayor Lockhart announced that the City will be going next week to receive an award with the Clean Air Plan. We won in the smart growth category. David Gold, Partner at Morrison & Forester, stated he has worked for last 3 years with AMB on this project. This particular project is satisfying to be involved with. Has worked for 20 years with elected officials on other plans. Dublin is well situated to develop transit oriented projects. Challenges come with implementation. The Bay Area Council, Sunny McPeak and others have indicated CEQA can be abused. Building mitigation measures into a planning document is totally and completely appropriate. The appellants never sat in on the public hearings 4 years ago. He. discussed the planning process, which has occurred over the last 4 years. Now, after 5 years of planning, they appear and are demanding an £IR. Don't allow common sense to be turned on its head. Staff has done an exhaustive job of reviewing CEQA case law. He read the language "subsequent EIRs and Negative Declarations". Substantial changes are proposed or substantial changes occur. They have a 100% paved industrial warehouse site with heavy trucks out there. CEQA doesn't require the City to start over. He urged the City Council to follow Staff's recommendation and the Planning Commission's recommendation and deny appeal and not reward this 1 lth hour effort. Jim Abrew stated he has been a resident of Dublin for 39 years so he has seen a few changes around here. He is a 45 year member of local 595. He stated he feels we need CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 211 an environmental report on this thing. He read in the paper that we will have 700 parking spaces over there. This will cause a traffic impact. We should do a full impact study on this thing. Bruce Kern, Executive Director of Alliance for Business, urged the City Council to deny the appeal and support the Negative Declaration. After listening to the dialog, he stated he now understands why Michelle Perot with Sierra Club finds infill projects so difficult. Dublin has done a great job in providing housing for the community. Only 15% of residents of the East Bay can afford a house. This is the overriding consideration for everything. Our own children cannot even afford to buy a house. In Alameda County alone, we have several thousand housing units confing on board. The environmental laws seem to be going against common sense. Mayor Lockhart closed the public hearing. Cm. Oravetz asked about Tom Brohaw's traffic analysis report. Senior Civil Engineer Ray Kuzbari stated he doesn't see how any of the points brought up have any validity. When we received the letter in December, Staff spent a lot of time working with our consultant to respond to their comments. He had all the points brought up regarding the traffic issues. We responded very thoroughly and clearly. We did such an exhaustive job that this seems to be unproductive at this time. The intersection most impacted will be Golden Gate Drive/St. Patrick Way. This intersection is projected to function at level A; a very healthy level A. Cm. Oravetz asked ff we took into consideration the new BART station with the IKEA study? Mr. Kuzbari responded yes, we looked at the buildout of all of Dublin, the General Plan buildout scenario. Vm. Zika asked the difference in traffic in corporate office headquarters and regular office buildings. Mr. Kuzbari stated ITE has both categories and there is a definition in the manual for each type of use. This project size is 150,000 square feet, so ff you use general office instead of corporate office, this will mean 10 to 15 additional trips at the am and pm peak hour. It is a blip; nothing happens. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 212 Cm. Sbranti talked about hydrology and the question of whether or not a report was done. Public Works Director Melissa Morton stated because the site is predominantly impervious, Staff did not anticipate that additional storm water would run off the site. They discussed an underground structure or basement having impacts. If there is anticipated groundwater on the site, a dewatering activity would drain and reduce or eliminate pollutants before discharge into the storm system. The City has an active NPDES program and has adopted measures and will ensure that their storm water pollutant plan reduces or eliminates. We actually show a reduction with a change in Use, Streams and creeks were discussed and measures to ensure stability in the future. Cm. Sbranti talked about the threshold for environmental work and requirement of substantial change. What is the threshold under CEQA? What is substantial change? Attorney Kit Faubion from the City Attorney's Office explained that CEQA wants you to do as much as you can as early in the process as possible. It is a different situation where there has already been environmental review. When you have already done environmental review, you are allowed to rely on the prior review. The point of CEQA is to look at change. CEQA guidelines give direction, but don't tell you what a substantial change is. Examples were given on what could be a substantial change. In this case, the various reviews submitted show that there wasn't substantial change and the studies didn't show any substantial change and in some cases not even negative. Mayor Lockhart stated this has been a wonderful process for learning. The process we went through helped a lot to see where we're going and what we're doing. Inffll projects such as this, smart growth projects, are good and heaRhy for our City and community. We cannot pull the blanket over our heads and say there is traffic out there so I'm not going out today. We can't stop traffic, but we can control the elements of traffic and quality within our community. We are trying to build a balanced and healthy community. What this project does for the downtown community in Dublin will be amazing. This will update and improve our downtown area for all of our residents. This is exactly what they're striving for in building a community of villages. She stated she will support denying the appeal. Vm. Zika agreed and stated he will also deny the appeal. The City has worked for 10 years to revitalize the downtown area with the BART station. While he still has concerns CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 213 about parking, he will deny the appeal. Their appeal doesn't have any teeth. Staff has done an excellent job in preparing this. Cm. Oravetz stated he will also deny the appeal. This is smart growth and good traffic. The difficulty is they weren't here a couple of weeks ago to talk about the traffic for IKEA; he could have used their support. Cm. McCormick stated she looked at the challenge to CEQA and whether we need an EIR. After listening to both sides and being involved and looking at the documents for a long time, she concluded that they have done a good job in reviewing this. We have standards we apply to all our projects. She has faith in these standards. She is a strong supporter of labor and hates to turn this down, however, she will support the denial. Cm. Sbranti stated he feels the same way about labor, but when you look at the work done by City Staff and AMB over the last 4 or 5 years, the environmental work, and reading expert's comments,you need to look at common sense issues of is this a good project with housing next to retail next to transit. It is good and he will vote to deny the appeal. On motion of Vm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 66- 04 DENYING APPEAL AND AFFIRMING PLANNING COMMISSION RESOLUTION NO. 04-12 (APPROVING A TENTATIVE PARCEL MAP AND SITE DEVELOPMENT REVIEW) AND FINDING THAT PLANNING COMMISSION RESOLUTION NO'S. 04-08, 04-09, 04-tl (RECOMMENDING, RESPECTIVELY, COUNCIL APPROVAL OF A MITIGATED NEGATIVE DECLARATION, PD REZONING AND STAGE 2 DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT FOR THE WEST DUBLIN TRANSIT VILLAGE) ARE NOT APPEALABLE RECESS 9:02 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 9:11 p.m., with all Councilmembers present. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 214 PUBHC HEARING - AMB PROPERTIES, WEST DUBLIN TRANSIT VILLAGE - MITIGATED NEGATIVE DECLARATION, PLANNED DEVELOPMENT REZONING AND STAGE 2 DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT PA 02-005 9:12 p.m. 6.2 (450~$0/600~60) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. The City Council will consider a Planned Development Rezoning and Stage 2 Development Plan, Vesting Tentative Parcel Map, Site Development Review and a Development Agreement for a mixed-use project transit village containing a maximum of 304 multi-family residences, neighborhood retail uses, and an approximately 150,500 square foot office building at 6700 Golden Gate Drive on 9.06 acres located in the West Dublin BAI~I' Specific Plan Area. The Project has been the subject of several prior City approvals. The West Dublin BART Specific Plan and related General Plan amendment were adopted by the City Council in December, 2000 to master plan the portion of the City's downtown between 1-580 and Dublin Boulevard, and generally between San Ramon Road and 1-680. The goal of the plan was to encourage the transition of fight industrial land uses to a more vital, high- intensity development of mixed uses thereby creating a transit-oriented community near a transit hub. The next layer of approvals for the Project site occurred in June, 2002 when the City rezoned the site from the M- 1, Light Industrial district to the PD-planned Development district and adopted a related Stage 1 Development Plan, as required by the PD district regulations. The current applications are the last in the series of discretionary approvals for the Project. Through the Stage Z Development Plan, Vesting Tentative Parcel Map and SDR, the Applicant shows the City how all the applicable standards and programs from the Specific Plan, and the uses and development standards from the Stage 1 Development Plan will be implemented through building, grading and other ministerial development permits. BART has also been planning for its property. In April 2001, BART approved the West Dublin BART Station and Transit Village and certified a Supplemental EIR examining the potential environmental effects of both the planned station and a mixed use transit CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 215 village north of the station. The developer of the transit village portion of the project has since applied for and received development approvals from the City. The Staff Report discussed: Floor Area Ratio (FAR); Mixed Use Residential Density; Mixed use Retail Component; and Traffic Issues. The Staff Report addressed: Stage 2 Development Plan; Statement of Proposed Uses; Stage 2 Site Plan; Phasing Plan; Compatibility with Stage 1 Development Plan; Architectural Standards; Development Standards; Preliminary Landscape Plan; and Inclusionary Zoning Regulations. Under the Site Development Review, the following areas were addressed: Topography and Site Development; Architectural Concept & Theme; Lot Coverage; Landscape Design Theme; Traffic and Circulation; Intersection LOS Analysis; roadway Segment LOS Analysis; Parking Analysis; Traffic Effects of BART Development; Dedication of St. Patrick Way; Access to BART~Owned Property; Pedestrian Access to BART Station; Water Supply; Sanitary Sewer and Recycled Water Irrigation; Storm Drainage/Hydrology; Police and Fire Department Requirements; and Maintenance of Landscaping and Streets. In summary, Staff stated this application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Stage 2 Development Plan and the conditions of approval for the Vesting Tentative Parcel Map and SDIL The proposed project is consistent with the Dublin General Plan, West Dublin BART Specific Plan, and Stage 1 Development Plan rezoning previously approved, and represents an appropriate and well~planned transit~oriented project for the site to assist in revitalizing the West Dublin BART Specific Plan area and the economic viability of the area. Additionally, the City has taken many steps prior to this project in approving various environmental documents and taking action to support the mixed use development of this site. Item 12 modified requires affordable housing agreement. Instead of building 7.5% of units, they will build 10% or 30 units and the rest would be paid in-lieu fees. 15/6/9 theY would like to negotiate for a I 0 year term DA. Applicant has requested a 15% reduction in the parking space requirement. Vm. Zika asked how they will keep BART commuters out of the shared parking spaces. Ms. Harbin said they may have a gate and restricted parking. She discussed the various environmental technical reports which had been prepared over the last several years. ....... MINUTES ' ' CITY COUNCIL ' ' VOLUME 23 REGULAR MEETING April 20, 2004 ' PAGE 216 She stated George Nicholson from Omni~Means was present to address any traffic related questions. Cm. Oravetz asked about the changes to the intersection mentioned and when this would occur. Ms. Harbin stated the interchange is to be completed this spring. Senior Civil Engineer Ray Kuzbari stated the design phase of the traffic signal at Amador Valley Boulevard & Starward Drive is underway. It will be put in in 2005. The 1-580 westbound off ramp and San Ramon Road improvement is currently underway. There is a weaving section where many of the vehicles which exit the freeway have to cross over $ lanes to turn left on Dublin Boulevard. This project is currently underway and we are putting a traffic signal at this intersection and this will become a non-issue in a couple of months. Cm. Oravetz questioned if an economic study had been done on what the benefits will be to downtown Dublin? Ms. Harbin stated there was an economic development study done for the downtown specific plans when they were proposed in 2000 and it considered the various land uses and it showed there would be a substantial increase in revenues to the City. City Manager Ambrose stated the City Council did those when they considered the Specific Plan back in 2000. It looked at the entire west Dublin BART project. John Greet, President of Legacy Partners, stated he was involved with the first commercial project in the east, Humphrey Zeiss and Creekside when he was with Opus West. Hacienda Crossings is probably the most recognizable project in the Bay Area. What sets Dublin apart from other cities is the determination to make better projects. The process is fair and equitable. This project is a credit to both AMB and to the City. It will be pointed to as a model for mixed use transit oriented development. The company originated and is headquartered in the Bay Area. He introduced Luis Belmonte Luis Belmonte, Executive Vice President of AMB Property Corporation, discussed AMB's proposal and gave an introduction of the AMB Property Corporation. They are in $5 major metropolitan areas in North America, Europe and Asia. They take their fiduciary responsibilities very seriously. They strive to be a good corporate citizen. They will increase the percentage onsite of affordable units from 7.5% to 10%. In the 3 ~/~ years since they purchased the property, they have worked w!th City Staff and the City CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 217 Manager. This project has many reasons to be a win/win situation for both them and the City. Other communities will view this project as a model for smart growth. AMB owns 100% of this project. Legacy Partners was hired and they have not determined at this time if they will have a part in the future development of this project. He requested City Council approval so they can take the next steps to develop this. Vm. Zika thanked him for upping the number of affordable units. Cm. McCormick asked about studios, one bedroom and 2 bedroom. How will they be divided up? The response was there will be a blend with 24 studio and 1 $0 1 bedroom units. If you take the proportion, the affordable mix will equal the other mix. Community Development Director Eddie Peabody stated they will have to build a number with the same formula as the overall mix of the project. There will be at least one S-bedroom for very low income. Cm. McCormick asked about the 8 units to be paid in-lieu. City Attorney Elizabeth Silver advised that all of this will be set forth in the affordable housing agreement. Cm. Sbranti stated in loolcing at retail, he was concerned that 1000 SCl ft might be on the low side. Could this be expanded? Mr. Belmonte stated there are a number of opportunities to add retail if there is a market for it. When the project is fully built out, there will be a market for retail. Once we have foot traffic, you have justification for retail. Cm. Sbranti asked what is immediately north of St. Patrick Way? How far away is Orchard Supply Hardware? Ms. Harbin stated the OSH building is very close to the sidewalk that would be on the side of St. Patrick Way. The store is set back somewhat from there. City Manager Ambrose stated there is not enough room to develop retail or office on that side of St. Patrick Way. There are opportunities in the general vicinity, however. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 218 Andres Grechi, Corporate Design Director for MBH Architects showed the uniqueness and various features of the project. He clarified that the retail space is $,500 square feet rather than 1,000 square feet. Mayor Ix>ckhart discussed Green Building measures and asked ff they take these into consideration with the design? The response was once the project gets to the next level, they will choose materials which are green. Mayor Lockhart asked that they consider a recycle system for high density dwellers, such as garbage chutes, which could be built in at the beginning.. Mr. Belmonte stated as an individual, he builds low income housing. He is interested in anything Staff can tell them about our requirements. They will implement this. Mr. Grechi stated it is important where the trash bins are located and they will make it easy for residents to adhere to these programs. Ms. Harbin pointed out that Condition # 15 relates to recycling. Cm. McCormick asked about benches and stated she hopes they will work with Staff to buy materials made from recyclable materials. She stated she also hopes they will do less with palm trees and more with local native varieties. She asked about public art. The response was they have the space, but a specific artist is not yet lined up. Mr. Belmonte stated they will be happy to work with the City and the City's public art consultant on the placement of public art. Vm. Zika referenced Page 2 of the drawings and the 263 shared spaces. He asked if these are at ground level or underneath? Mr. Belmonte stated they are underneath and they will control the access. They will have card key access. Vm. Zika.questioned the 11 tandem spaces and asked if this is actually 22 spaces? The response was these are designated for the large units and yes, this is 22 spaces. Cm. Oravetz asked if this will b~. a gated community? CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 219 Mr. Belmonte stated they will control access to the parking inside the building. Tanya Gulesserian Attorney on behalf of IBW requested that the minutes incorporate the comments they made on the previous item and further urged denial of the project. Mayor Lockhart closed the public hearing. Cm. Oravetz stated he feR this is a good project and the economic vitality is very good. Cm. Sbranti stated he also supports this based on the economic vitality and beyond that, this is a real lynch pin for continued investment in that part of town. Having seen what it has done for Pleasant Hill, it can happen here too. We will really stand out with 2 transit villages. This one really is in the heart of our city. Cm. McCormick made a motion which was seconded by Vm. Zika, to adopt the Resolution and introduce the Ordinances. Ms. Silver asked ff this included the change to the PD Ordinance related to the change in affordable units to be constructed and also suggested that the City Council should incorporate all the comments from the previous item into the record for this item. Ms. Harbin stated with reference to public art it could be added as Item 14 in the development plan. This will be incorporated and brought back with the second reading of the Ordinance. Cm. McCormick and Vm. Zika agreed to include these in their motion and second. On motion of Cm. McCormick, seconded by Vm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 67 - 04 ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE AMB PROPERTIES TRANSIT VILLAGE PROJECT PA 02-003 and waived the reading and introduced Ordinances: 1) approving the PD Rezoning and Stage 2 Development Plan, and 2) approving a Development Agreement between the City and Ah~ Properties. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 220 RECESS 10:51 p.m. Mayor Lockhart called for a short recess. At 10:37 p.m. the meeting reconvened with all Councilmembers present. PUBLIC HEARING - DUBHN TRANSIT CENTER SITE A~2 (EAH, INC.) PLANNED DEVELOPMENT ZONING AND DEVELOPMENT AGREEMENT FOR THE PROJECT AREA PA 05~061 10:$7 p.m. 6.$ (600-60) Mayor Lockhart opened the public hearing. Assistant Planner Marnie Waffle presented the Staff Report. This is the second reading of two Ordinances. The proposed project is a Stage 2 Planned Development Zoning and Development Agreement for the construction of a 11 £~unit affordable apartment community located on a portion of Dublin Transit Center Site A at the southwest corner of Dublin Boulevard and DeMarcus BOulevard. The project is proposed to be S stories of residential over one level of parking. All units will be affordable to very low and low income households. The property is zoned PD, Planned Development and is located within the Eastern Dublin Specific Plan area. The General Plan and Eastern Dublin Specific Plan land use designation for the property is High Density Residential. No testimony was entered by any member of the public relative to this issue. . Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 13- 04 APPROVING A STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS DUBLIN TRANSIT CENTER SITE/~-2 (EAH, INC.) PA 03-061 and CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 221 ORDINANCE NO. 14- 04 APPROVING A DEVELOPMENT AGREEMENT FOR PA 03-061 DUBLIN TRANSIT CENTER SITE A-2 (EAH, INC.) PUBLIC HEARING - TASSAJARA CREEK PHASE III (GREENBRIAR HOMES COMMUNITIES RESIDENTIAL DEVELOPMENT) DEVELOPMENT AGREEMENT.. (GHC ROXBURY, LLC-TRACT 7414) PA 02-048 10::59 p.m. (;.4 (600-60) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report. This is the second reading of an Ordinance approving a Development Agreement for the Tassajara Creek Phase III (Greenbriar Homes Communities Residential Development). The proposed Tassajara Creek Phase III project is part of a larger 5~phase project for the Tassajara Creek~Greenbriar project that has been approved in phases since March 2000. This phase of the project consists of an approximate gO.g-acre site divided into 100 single-family detached and 8 attached residential lots on 20.$ acres with eight open space parcels that total approximately 11.5 acres. Approval of this Development Agreement will implement provisions of the Eastern Dublin Specific Plan and the Vesting Tentative Map and Site Development Permit for the project. The proposal is consistent with both the General Plan and the Specific Plan. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. 15- 04 APPROVING THE DEVELOPMENT AGREEMENT FOR PA 02-048 TASSAJARA CREEK PHASE III GREENBRIAR HOMES COMMUNITIES RESIDENTIAL DEVELOPMENT TRACT 7414 (GHC ROXBURY, LLC) Vm. Zika voted in opposition to the motion. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 222 PUBLIC HEARING SITE DEVELOPMENT REVIEW (SD10 AND MASTER SIGN PROGRAM (MSP) FOR THE TRUMARK COMMERCIAL RETAIL CENTER PA 05-068 10:41 p.m. 6.5 (410-130/400-$0) Mayor Lockhart opened the public hearing. Associate Planner Kristi Bascom presented the Staff Report. This proposed project consists of a SDR permit and MSP for the development of a 46,200 square foot retail shopping center on a 4.55~acre site on the southwest corner of Dublin Boulevard and Myrtle Drive, immediately east of the Hacienda Crossings Shopping Center, north of Ford of Dublin and west of the Extended Stay America hotel. The project site is a part of the original Santa Rita Commercial Center (Hacienda Crossings) PD zoning District and, as such, requires the City Council to consider the Site Development Review permit for the project. In 2000, the subject site was approved for a 214~room hotel development that was never constructed. The property owner and developer, Springhill Suites, decided not to move forward with the construction of the facility and instead, put the property on the market. Trumark Commercial has now submitted a SDR with the intent of building a shopping center on the property. Ms. Bascom reviewed the Site Plan; Building Elevations; Building Materials and Colors; Master Sign Program; Landscaping Plan; Compatibility with Surrounding Uses; and Traffic and Circulation. This project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified. A Mitigated Negative Declaration has been approved for the Santa Rita Specific Plan Amendment, of which this project is a part. That MND, together with the Program EIR, adequately describes the total project for the purposes of CEQA. This application has been reviewed by the applicable City departments and agencies, and their comments have been incorporated into the Conditions of Approval for the project. Ron Winter discussed recent projects by Trumark Commercial. He talked about the development process and commended Staff for working with them. He showed a site plan of their proposed project featuring Craftsman style architecture. They feel this is a very good project. He thanked Staff for working with them. ..... couNcIL MINUTES ' ' CITY VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 223 Vm. Zika suggested some kind of a crosswalk between them and Hacienda Crossings. Mayor Lockhart complimented them on the letters they sent to the neighborhood. She commented on location of recycle bins and garbage and stated She hopes they will have enough space to get the trucks in and out and do both. Ms. Bascom stated we have a condition related to food waste as well as regular garbage. Mayor Lockhart expressed concern about the size of the sidewalks that run from Dublin Boulevard back into Hacienda Crossings. A lot of people cross at Myrtle with children with bicycles and strollers. Can we do something about the narrowness of the sidewalk? Mr. Winter stated they could widen this to a 7' walkway and lower the landscaping down to 5'. Cm. McCormick asked about the plaza area and if this is a common area? The response was that the patio would be a leased area. They've talked about putting some art in the project. Cm. Sbranti stated he really likes the project and the idea of providing for some smaller uses and supporting small independent businesses. Mayor Lockhart closed the public hearing. Cm. McCormick stated she likes the project and this will answer the need for the small business person. This is really needed out there. Cm. Oravetz stated this is an economic boost for the City and he also likes the project. Ms. Bascom asked if the Council wished to add a condition regarding the 7' sidewalk? On motion of Vm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted (with the addition of the 7' sidewalk requirement on Myrtle Drive) RESOLUTION NO. 68- 04 APPROVING A SITE DEVELOPMENT REVIEW (SDR) AND MASTER SIGN PROGRAM (MSP) TO CONSTRUCT A 46,200 SQUARE FOOT COMMERCIAL CENTER ON 4.55 ACRES ON THE CORNER OF MYRTLE DRIVE AND DUBLIN BOULEVARD PA 03-068 CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 224 PUBLIC HEARING - AMENDMENTS TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) PA 04~004 AMENDMENTS TO TITLE 8, CHAFIZR 8.12, ZONING DISTRICTS AND PERMITIt~D USES OF LAND AND CHAPTER 8.108, TEMPORARY USE PERMIT REGARDING AUTOMOBILE/VEHICLE STORAGE LOTS 11:04 p.m. 6.6 (450~20) Mayor Lockhart opened the public hearing. Assistant Planner Marnie Waffle presented the Staff Report. This is the second reading of an Ordinance which would make the establishment of automobile/vehicle storage lots in C~2, General Commercial zoning districts, subject to a Temporary Use Permit and which would establish development review standards for more effective regulation of automobile/vehicle storage lots. Development standards proposed include: · Vehicle storage would be limited to a maximum of 6 consecutive months. One 3- month extension could be granted upon written request, submitted at least 14 calendar days prior to the expiration of the permit, to the Director of Community Development. · The storage of vehicles would be limited to those vehicles belonging to an established Dublin based business. · The vehicle storage lot would not be permitted to be open to the public nor would any sales transactions be allowed to take place at the storage lot location. · A Temporary Use Permit granted for a vehicle storage lot could ~tot be renewed once it had expired. · A maximum of one Temporary Use Permit could be granted per location. A location would be defined as an address, a parcel, or a shopping center, whichever is larger, as determined by the Director of Commtmity Development. · A Temporary Use Permit would be denied ff it was determined that the temporary vehicle storage would eliminate parking required for another use. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 225 · A vehicle storage lot could not be located within 1 O0 feet of a heavily traveled roadway. · The establishment and operation of the use must comply with all standards developed by the Director of Community Development. Mayor Lockhart asked if Staff received any feedback from the car dealers. Ms. Waffle advised that we didn't get any comments. 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. 16- 04 AMENDING TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND AND CHAPTER 8.108 TEMPORARY USE PERMIT RELATING TO AUTOMOBILE/VEHICLE STORAGE LOTS PA 04-004 PROGRESS REPORT ON REMEDIATION WORK AND REQUEST FOR ADDITIONAL FUNDS FOR REMEDIATION AT DUBLIN CMC CENTER 11:06 p.m. 7.1 (530-10/600-30) Public Works Director Melissa Morton presented the Staff Report. The Civic Center incurred water damage from rain in early March. At the March 16th City Council meeting, the Council approved a declaration of emergency in order to allow a waiver of competitive bid to obtain a contractor for environmental remediation work related to the water intrusion and authorized a budget of up to $220,000 for the work. This item would approve a continuation of the declaration of emergency and increase necessary funding to complete the remediation work. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 226 The cost of remediation to date is $92,200 for construction and testing (original budget allocation was $~.20,000 for remediation and restoration.) The water intrusion analysis found several faults in major building systems responsible for the water intrusion to date. Budget allocation for remediation and restoration needs to be increased to $~91,200. Cm. McCormick asked about insurance. Ms. Morton stated Staff is reviewing the work to date as well as the timeframes and what our legal remedies are and discussing leaks with our insurance carrier to find potential relief with regard to these costs. Assistant City Manager Joni Pattillo stated we have engaged our insurance carrier and Staff has been diligent on this from the very beginning. Cm. Sbranti stated hopefully, the final bill won't be this high. Remediation is important. Mayor Lockhart stated this is a big facility and it is 15 years old. She agreed that remediation is most important. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 69 - 04 APPROVING CONTINUATION OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER, AND INCREASING BUDGET ALLOCATIONS FOR CONSTRUCTION AND DESIGN/CONSTRUCTION MANAGEMENT and approved the Budget Change. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 227 AGREEMENT AMENDMENT WITH THE ZAHN GROUP FOR DESIGN OF BUILDING REMEDIATION AND RESTORATION FOR WATER INTRUSION AND MANAGEMENT OF BUILDING REMEDIATION AND RESTORATION PROJECT 11:I1 p.m. 7.2 (600-30) Public Works Director Melissa Morton presented the Staff Report. On March 16, 2004, the City Council approved a contract with the Zahn Group, Inc., for Water Intrusion Investigation and Management of the Environmental Remediation Project. Preliminary investigation of the water intrusion to date indicates that additional funds for consultant services will be necessary to complete the remediation. This amendment increases the total not-to-exceed amount from $60,000 to $106,760. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council approved a Budget Change in the amount of $46,760 and adopted RESOLUTION NO. 70- 04 APPROVING AN AMENDMENT WITH THE ZAHN GROUP, INC. FOR DESIGN OF BUILDING REMEDIATION AND RESTORATION FOR WATER INTRUSION AND MANAGEMENT OF BUILDING REMEDIATION AND RESTORATION PROJECT OTHER BUSINESS 11:14 p.m. City Manager Ambrose requested that the City Council determine if a workshop one hour before the City Council meeting on May 4th would work in order for the Council to provide input to Staff related to the garbage RFP. The City Council indicated this timeline would work. Mr. Ambrose advised that the Alameda County Congestion Management Agency will be holding a workshop in the Regional Meeting Room on April 28th from 6:30 p.m. to 8:30 p.m. to discuss the various types of transportation projects which the countywide plan includes. , ,, ,, CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 228 Vm. Zika reported that he will be at a CMA meeting on Thursday to discuss the bill to take another $338,000 out of the transportation fund. Cm. Sbranti stated he had been very busy the last couple of weeks. The "Every 15 Minutes" program went very well at Dublin High School with the anti drinking and driving message. Students tookit seriously. Supervisor Nate Miley has violence prevention task force which he has been serving on. One of the directions the County is going is to having an office of violence prevention and the coordinator would report to the County CAO. It will reach across the various departments focusing on violence prevention. There is a lot of momentum behind this. There will be a series of town hall meetings in July and they will have a meeting in the Tri~Valley and it will probably be here in Dublin on July 15~ to present the preliminary findings of the task force. This would include domestic violence and drug abuse that leads to violence. Cm. Sbranti advised that he had a meeting with Burr Cain and some of Parks & Community Services staff about a Stepping Out For Seniors event on May 15t~. One suggestion was to incorporate some type of senior event and he stated he will bring this up at the Tri~Valley Council meeting in May. It could be a senior Olympics event such as golf~ bowling or bocce ball to promote seniors. Looking ahead to 2006, each city might sponsor some type of event to promote active and healthy lifestyles among seniors. He stated Anna Hudson was in on the meeting. ADJOUm M NT II.1 There being no further business to come before the Council, the meeting was adjourned at 11:23 p.m. Mayor ATTEST: city Clerk CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 20, 2004 PAGE 229