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HomeMy WebLinkAbout4.01 Draft CC 07-18-2006 Min MlNUTES OF THE Crn' COUNCIL OF THE Crn' OF DUBLIN RE6ULAR MEETIN6 - JULY 1~. 2006 CLOSED SESSION A closed session was held at 6:30 p.m., regarding; I. CONFERENCE WITH LEGAL COUNSEL",..., ANTlCIPATED LITIGATION Initiation of Litigation pursuant to Goverttrnent Code section 54956.9, subdivision c (1 potential case) II. CONFERENCE WITH LEGAL COUNSEL h EXISTING LITIGATION Government Code section 54956.9., subdivision (a). Name of Cases: Alameda County Superior Court Case Nos. City of Dublin v. Angela Gaspare, et aI ",VOO5222845 City of Dublinv.Ralph Gil, et at,.. VG05241773 City of Dublin v. 'l'ejindar P. Singh, et al - VG05228899 City of Dublin v. Wohlross Associates, et al - VG05238505 City of Duhljn v. Esperanca, et al - Va06262407 City of Dublin v. Stover,et al- VG06264764 III. Public. Employee.PerformanceEvaluation pursuant to Government Code Section 5495 7, Title: City Manager .. A regular meeting of the Dublin City Council was held on Tuesday, July 18, 2006, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart. ABSENT: Council member McCormick .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 230 (I) 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 no action was taken during Closed ~sion. .. ORAL COMMUNICATIONS Introduction of New Employees: Elizabeth Fuchslin, City Manager's Office Intem; and Nicole Woolf, PubJic Works Intem 7:07 p.m. 3.1 (700-10) Assistant to the City Manager Julie Carter outlined the City's Intern Program and introduced Elizabeth Fuchslin, the City Manager's Office Summer Intern, and Nicole Woolf, the Public Works Department Summer Intern. The Council welcomed Ms. FucJ:t$lin and Ms. Woolf to Dublin City Staff. .. Announcementreprding Award of Workforce Housing Reward Grtlnt to the City of Dublin in the Amount $363,955 by the State of CalifomiaDepartment of Housing and Community Development 7:10 p.m. 3.2 (430-20) City Manager Richard Ambrose outlined the Workforce Housing Reward Grant, which was awarded to the City by the State of California Department of Housing and Community Development for its active promotion and approval of affordable housing in Dublin. This grant of $363,955 was in addition to a $680,000 grant, which was awarded to the City of Dublin in 2004 for its efforts toward affordable housing. Mayor Lockhart advised that this money would be used to better the community. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 231 (I) 19p1ic Comments 7:13 p.m. 3.3 Jeff Gil, Gil's Body Works, read the following statement regarding the eminent domain proceedings affecting his business: (~y name is Jeff Gll, I own Gil's Body Works. It's a business which I built into a very successful enterprise. Asyou know, you have voted to close me down by condemning the building in which I operate my business. Let me tell you what this has done to me. My business, furniture, fixtures and equipment is worth in excess of $1.5 million. You have not agreed to pay anything for this. Your Attomey's have told me that I have to be out by August 1$1, which is coming up Peal close, or they will send in SherIffs to have me removed. Where am I supposed to go? How am I supposed to support my family'? The City-desigl1ated location advisor could not find me a relocation spot. There is just nothing available. I11Stead, 1 have located a business which 1 can purchase. I'm not certain the seller would want me to say anything on the price. However, I told the relocation lldvisor, she knows what the purchase price is, is far in excess of my capability to pay. Therefare, I am going to have to borrow money to buy a business to replace the one that I already cW11eddebt-free. 1 have offered to settle with the City for a payment of $1 million, which is quite II bit of difference. I believe this is a big discount to what I would be entitled to If it went to trial on this matter. However, the Attomey's have rejected this settlement pn:>posaJ. I have offered to settle for just the payment of my furniture, fixtures and equipment in an advance of the loss of goodwill. This offer has also been not accepted. Ijust W8J1tyou to know what you have done to a taxpayer member of your community, which is me. You have destroyed my wIfe's lIfe, my lIfe and refused to make a monetllry settlement to allow me to go about my business. I would ask that you reconsider as soon as possible because time is of the essence, and I would like to see if we could settle this. Thank you." .. CONSENT CALENDAR 7:17 p.m. Items 4.1 through 4.8 Cm. Zika pulled Item 4.7 for discussion. On motion of Cm. Zika, seconded by Vm. Oravetz and by unanImous vote (Cm. McCormick absent), the Council took the following actions: DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 232 (I) Approved (4.1) Minutes of Adjourned Regular Meeting of July 13, 2006, and Regular Meeting of July 20, 2006; Adopted (4.2 600-60) RESOLUTION NO. 130 - 06 APPROVING AMENDMENT NO.1 TO AGREEMENT WITH THE LIN FAMILY REGARDING CONSTRUCTION OF THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS Adopted (4.3 410-40) RESOLUTION NO. 131 - 06 APPROVING PARCEL MAP 8879 DUBLIN RANCH, AREA H Adopted (4.4 600-60) RESOLUTION NO. 132 - 06 APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR FALLON ROAD.. DUBLIN BOULEVARD TO CENTRAL PARKWAY Adopted (4.5 600-(0) RESOLUTION NO. 133 - 06 APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR DUBLIN BOULEVARD FROM LOCKHART STREET TO FALLON ROAD AND FOR FALLON ROAD FROM DUBLIN BOULEVARD TO 1-580 Adopted (4.6 600-30) RESOLUTION NO. 134 - 06 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND SHUMS CODE ASSOCIATES AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT Approved (4.8 300-40) the Warrant Register in the amount of $11,105,828.68. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 233 (I) Cm. Zika advised that he had pulled Item 4.7 (450-20), Amendment to an Adopted Planned Development Zoning Ordinance (PA 02-63) for Ml10ws at San Ramon Village, PA 06-034, and stated that he opposed the adoption of the Ordinance. The current Planned Development included Ii condition to repair and clean up the rest of the commercial development prior to certificates of occupancy being released for any housing units. Although Braddock & Logan, the housing developers, signed a purchase agreement to that extent, they were now asking the Councillor an amendment which would allow the release of the occupancy permits prior to the commercial center's rehabilitation. He expressed concern that, although the property owners assured the CouncIl that they planned to comply, it would not get done. On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by majority vote (Cm. Zika opposed/Cm. McCormick absent), the Council waived the second. reading and adopted ORDINANCE NO. 10=06 APPROVING AMENDMENTS TO STAGE 1 AND STAGt 2 PLANNED DEVELOPMENT ZONING DEVELOPMENT PLAN (PA 02-063} FOR THE PROJECT KNOWN AS WILLOWS AT SAN RAMON VILLAGE PLAZA (BRADDOCK & .LOGAN StRVICES, INC.) PA 06-034 .. WRIttEN COMMUNICATIONS - None .. PUBLIC HEARINGS Public Hearing Schaefer Ranch Stage Zl'Jevelopm.etlt Plan, Submitted by Schaefer Ranch Holdings, LLC (Discovery Builders), PA 06-031 7:20 p.m. 6.1 (450-20) Mayor Lockhart opened the public hearing. City Manager Richard Ambrose, at the request of the Mayor, reviewed the history of the Schaefer Ranch project in relation to the scope of the western edge of the City of Dublin, including the project entitlements received from the Council and LAFCo in 1996, and the subsequent Development Agreement in 1998. In 2000, the voters approved Measure M, the western boundary Urban Limit Line, which did not include the Schaefer Ranch DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 234 (I) project as it had received its approvals prior to the item going to the voters. The project was finally getting underway, and the grading occurring now was in accordance with the prior approvals. Planning Consultant Mike Porto presented the Staff Report and advised that this was the first reading of an Ordinance in which the City Council wOuld approve a Stage 2 Development Plan for 302 single-family homes on a 500.28-acre land to be located north of 1-580 at the Schaefer Ranch Road underpass and at the westerly terminus of Dublin Boulevard. The difference between the old plan and the new plan would be areas of minimum lot area, width and depth of lot, separations, coverages, heights, useable yard area, compensating yards, setbacks and development standards specific to the individual neighborhoods. If the Stage 2 Planned Development were not adopted, it would result in a project developed under the existing &w 1 Zoning, whiCh would have tighter setbacks between the houses, less light and air between buildings, smaller yard areas, possible elimination of the single story floor plans, and less creativity and diversity of product type. Doug Chen, Discovery Builders, discussed the project plans, including open space, trails, parks and wetlands. Mayor Lockhart asked how much housing would be seen from the freeway and what passersby would see after construction was complete. Mr. Chen advised that. most of what was visible was the extension of Dublin Boulevard. The hillside grading also included removing landslide areas and reinstalling a reinforced hillside. Most of the honteswouldbe further inland, although some homes might be visible. Over 1,000 trees would be planted in the project area. City Manager Ambrose .advised that actually more than 4,000 trees, many more than originally planned, would be planted within the project and conservation areas. The hillside grading would realign the hillside into a much more natural contour, as the original contours were changed by the construction of the freeway years ago. Dana Owyoung, Discovery Builders, reviewed the revised architecture and advised that the proposed styles and flavors of the project reflected an enhanced project. Going back to an R-l Zoning designation would not be very attractive, and going back to the drawing board would not be a good use of Staff and Developer time. DUBLIN CITY COUNCIL 1VIINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 235 Vm. Oravetz stated that he liked the one-story elevation, but expressed concern that there were not enough offered. Many residents had indicated that they were looking for one- story units. Mr. Owyoung advised that 20% of the . units would be single story with two floor plan options. City Manager Ambrose reminded the Council that, with respect to the East Bay Regional Park District's (EBRPD) regional Dublin hills trail, there had been an effort on the part of the City, adjacent communities and the EBRPD to build a ridgeland trail that connected the Pleasanton ridge with Las Trampas and Contra Costa County. The Schaefer Ranch project would put a key link of that trail in place by dedicating a significant amount of open space to EBRPD. Mayor Lockhart noted that the land would be preserved and the wetlands brought back. Marc Weintraub, Dublin resident, state4 that it looked like a very nice development and advised that he wanted to see the maximurnamount of usable space in this development. There were too many zero lot line homes being built, and theone-story homes were an excellent idea. Brent Wood, Dublin resident, stated that he would like to see more single-story homes, and expressed concern about fire protection and safety on the hillside during construction during the high fire season. He asked where the water would come from for all the new trees and lawns. Anything to reduce water consumption while still building quality homes would be advisable. Morgan King, Dublin resident, advised that he was one of the co-authors of Measure M and stated that many people were.oonfused as to how building could be going on in the western hills. It was very important for the public to be educated that this project was approved prior to Measure M and be advised that this was the last approved residential project for the western hills. Mayor Lockhart closed the public hearing. Cm. Zika made a motion to approve the Stage 2 Development Plan. Vm. Oravetz seconded the motion for discussion and asked about emergency vehicle access points for fire safety. DUBLIN CITY COlJNCILMINlJTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 236 (I) Mr. Porto outlined the emergency safety plan and advised that Fire Services had reviewed the project and had updated the safety plan considerably from what was planned 10 years ago. All homes would be accessible to fire apparatus and an access point on the freeway, which was currently unavailable, would be opened. City Manager Ambrose advised that, with respect to water services, the project had a "will serve" letter from Dublin San Ramon Services District (DSRSD). The updated plan was smaller than the plan DSRSD originally indicated they could serve. This project was even more environmentally sensitive than it had ever been and major resources would be protected forever, precluding any future development in that area. Vm. Oravetz noted that this would be the entrance to the City at its more western point, and asked if there will be a "Welcome to Dublin" sign. Planner Jeff Baker advised that there were plans for a "Welcome to Dublin" sign on Schaefer Ranch Road as it heads to Dublin Boulevard. On motion of Cm. Zika, seconded by Vm. Oravetz and by unanimous vote (Cm. McCormick absent), the Council waived the first reading and introduced an Ordinance approving Stage 2 Development Plan for the project known as Schaefer Ranch, PA 06-031. .. 8:00 p.m. Mayor Lockhart noted the number "fpeople in the audience waiting to speak on Item 8.1, Alamo Creek Bike Path, andll$ked the CouncIl's permission to discuss the item at this time. The CouncIl concurred. .. Alamo Creek Bicycle Path: Potential Connection to Trail Located in San Ramon at the Crossridge Road Gate 8:01 p.m. 8.1 (930-30) Public Works Director Melissa Morton presented the Staff Report and advised that the City Council would consider correspondence and testimony, and provide direction to DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 237 (I) Staff regarding the connection of the Alamo Creek Bicycle Path to a trail located at the co-terminus of the path and a trail located in San Ramon at the end of Crossridge Road. Vm. Oravetz indicated that, at the recent Dublin/San Ramon Liaison Committee meeting, there had been discussion regarding the possibility of extending the trail and bypassing the Emergency Vehicle Access (EVA), and asked if Staff had followed upon that idea. Ms. Morton advised that Dublin Staff had met with San RamOn Staff to look at alternative locations, but specific design details had not been looked at. It appeared that a straight line connection between the two paths would be infeasible because of the terrain. Patty Bias, Dublin resident, stated that she would prefer that the path not be extended. However, if it did, she requested that Council il1$tall signs near residential areas that say, "Quite Please, Residential," which might help with the noise. She also requested that the Council consider that the gates be closed on high fire danger days, as was current practice for high water days in the creek. Joyce Hayes, San Ramon resident, expressed opposition to closing the gate, as it created a barrier between Dublin and San Ramon. Walking the trail was necessary for mental and physical well-being, and she had never seen vandalism. and very little trash on the trail. Russ Kennedy, Dublin resident, encouraged the Council to support keeping the gate open. To have a gate closed that Was so warmly welcomed by so many people would be a shame. People using the path, however, should respect the property owners and there should not be motorized vehicles on the trail. Martin LySbns, Legal Counsel representing David and Terry Davis, who live closest to the gate and trail, stated that thepavis's were not the only neighbors in opposition of opening the gate. Opening the gate would allow foot and bicycle traffic from the San Ramon side to access the path. The last time the gate was open, the adjacent neighbors experienced a major increase in noise, vandalism, increased parking at the end of the road and severe lack of privacy. These were the impacts that the first environmental documents set out to prevent, and were the impacts that the neighbors tried to prevent when they opposed the Mitigated Negative Declaration that was done in support of the original project. These were the impacts that the settlement agreement was designed to prevent when the neighbors signed on to it instead of suing the City over the adoption of the Mitigated Negative Declaration. They had been through this before back when the path was first proposed. The Davis's and others had hoped that they would not have to go through it again but, for the record, he felt the need to point out a few things. At the time of the first Zone 7 Licensing Agreement in -the 1980s, the City had stated that this DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 238 (I) portion of the creek should not be utilized or accessed by the public. One of the working assumptions in the preparation of the Negative Declaration was that this path would be used minimally and was "anticipated to be a local pathway used by local Dublin residents and their visitors." Opening the path to through traffic would undermine this assumption and undermine the entire Negative Declaration. The Davis's and their neighbors challenged the Negative Declaration because they were not convinced that their privacy interests and general environmental concerns were being protected. The disagreement did not result in a lawsuit only because the City and the neighbors worked together to reach a settlement. The settlement agreement was very specific about the limits to be placed on the usage of the path. They were tailored specifically to address privacy, noise and environmental concerns. It would undermine all of those assumptions and render the Negative Declaration invalid if the gate were to be opened and through traffic created. In closing, he asked that the Council keep the path exactly as it was, with the gate closed. His clients did not agree that opening .aConnector to the Bent Creek Subdivision would be a good idea, in as much as it would create the same environmental and privacy impacts as opening the gate itself. He asked that the City take the affirmative steps of accepting the 5-foot dedication and use the spike-stripe that was referred to by Staff in order to insure that the gate would only be used in emergencies. His clients would continue to strongly oppose any attempt, throughout the process, to intensify the use of this trail. Mayor Lockhart read the following statement by Jeanne Olsen, Dublin resident, "The Crossridge Road gate, which has been deliberately padlocked by one homeowner, is an amputation to runners and walkers who appreciate the entire 6-mile loop from the Alamo Creek bike path to Old RanchRpad to the Iron Horse Trail." Terry Davis, Dublin resident and closest resident to the proposed connection, distributed a packet of information which dOG1Jmented what they had been through since 2003 and read a written statement .py her husband, David, who could not attend the meeting: "My understanding of land use protocol, contracts, agreements, etc., is that they are based on specific issues and that the existing laws, rules, and regulations take precedent until and if legal change i$ implemented. According to well-detailed land use protocol, we have in place at this time a binding agreement with the City of Dublin pertaining to the Alamo Creek bicycle pedestrian path established under Mitigated Negative Declaration (MND) that never once alluded to the possibility and or impact of joining two Cities, two Counties and two separate Fire Districts. It is doubtful that this MND could have provided the necessary environmental studies, reviews and impact reports required for such a major change to a well-established neighborhood and nature area. The idea that the Emergency Vehicle Access (EVA) gate was open and available for legal pedestrian travel is completely wrong. This gate and area is designated on record for EVA use only, DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 239 (I) with no pedestrian access, and has been since its construction 10 years ago. Any pedestrian use during the last few years occurred because the City of San Ramon was admittedly remiss in their duty to keep it locked and provide proper signage identifying its purpose. The gate was not closed and locked recently with the potential of reopening in the future, as incorrectly stated. It was relocked as required by law on record governing the gate. Furthermore, the City of San Ramon has still failed to provide proper signage. I cannot help but relive the feelings of that night in 2003 when the City Council voted to pursue the building of the path. We felt defeated and we approached each and every one of you, and you were all very, very empathetic to us, and we decided to open a dialogue. At that point, our legal challenge changed. It was still in place, but took on a totally new meaning, and our goal became to make this thing the best thing for everyone. We all agreed to work with the City to come up with a tolerable solution. You became an ally, not an enemy. After careful negotiations we lifted our lawsuit, andyott were able to get your funding to put in the trail. The current issue at hand, opening this EVA or creating a new path somewhere along the County fence, cannot disregard this legal and binding agreement reached in 2003. This agreement, again, never alluded or allowed for further development of any kind in this area and will not go legally unchallenged. Furthermore, the MND clearly did not set a precedent for Council meetings whose predominant voice is from another City, County and Fire District. It is my opinion they had the opportunity to approach this issue in the meetings when the path was first established. The fact that they have taken advantage of illegal access made available by somebody cutting a City lock simply cannot dictate to and take precedence over a legally binding agreement and situation that our neighborhood and the City of Dublin worked so hard to resolve." Mrs. Davis further indicated that this issue was not about vandalism, which had decreased after the gate was lOCked; it was about their invaded privacy. Someone cut the lock and people started using the EVA for pedestrian use. She started calling when the gate was opened three years ago, without receiving an answer from either City. When the gate was open 200-300 people every weekend day would come past their house, which was way past the impact they were promised. They did not mind having the Alamo Creek bike path open, but having the other path open created a lot of problems for them. She urged the Council to consider not opening the gate. David Aiken, San Ramon resident, advised that having the nice, gentle trail near their home helped him and his wife to exercise and to live a healthier lifestyle. It was too dangerous to walk along Dougherty Road, and this trail provided a safe alternative. If there was a vandalism problem, it could be fixed. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 240 (I) Dan Rodrigues, Dublin resident, stated that he liked the trail and it would be a shame if it could not continue into San Ramon. He had never witnessed anyone misbehaving on the trail. The trail did not go on anyone's property and it did not go any closer to homes than if someone were walking on the public sidewalk in front of their homes. Rich Guarienti, Dublin resident, stated that, once the Alamo Creek bike trail was open, every person he talked to was happy. The issue now was the gate, which was open for a long time before and after the trail was opened. When the trail issue was before the Council in 2003, he had indicated that it would be good to have the connectivity to San Ramon. He agreed that the vehicular gate should be closed for safety reasons; however, an angled gate that would allow pedestrians and bicyclists to go through should be installed. As a Parks & Community Services Commissioner, he felt this issue should have come before the Commission first or at least the Commission should have been given a packet without having to request it. Edwin Osada, Dublin resident, stated that the trail with the open gate was a nice alternative to riding his bike on Dougherty Road, which w8.$ very dangerous now. Jack Hacking, San Ramon resident, stated that he opposed the closing of the gate. It was a pleasant alternative to riding or walking along some of the other roads. It seemed ridiculous that someone could ride or drive up to the gate from either direction, but could not cross over those few inches when the gate was closed. Tim Sbranti, Dublin resident, advised that he was on the Council when the original Alamo Creek Bike Trail was approved. It was another excellent trail opportunity in the middle of town... He urged the Council tp approve opening the gate to connect Dublin to San Ramon. Patty Hilst, Dublin resident, stated that the gate was an emergency access, not a pedestrian trail. She expressed opposition to the opening of the gate, and suggested that if Dublin could not decide what to do, the issue should be handed over to East Bay Regional Park Oistrict. Mayor Lockhart indicated that the statement from Bill Foxworthy, Dublin resident, su pported the opening of the gate. Deborah Laird, Coach for Dublin High School Cross Country Team, advised that a large grou p of high school runners have enjoyed using the trail for their team practices. The community presence of their team had been taken away, and they were being pushed out of the community by not having safe running trails to use. The issues involved could be DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 241 (I) mitigated, and she urged the Council to find a way to open the gates for the benefit of the community. Mayor Lockhart read a statement by Theresa Folse, Dublin resident, who indicated, "Please consider the letter I sent to Richard Ambrose. The number of neighbors wanting it open vs. the few that want it closed is totally outweighed. It brings the community together." Mayor Lockhart read the following statement by Debbie Counts, San Ramon resident: "The blocking of this gate separates Dublin from San Ramon. We should be joining the communities together. I live in the hills of the Bent Creek neighbQrhood, and my daughter baby sits in a Dublin neighborhood. She used to be able to walk to her baby sittings, but now her employers have to pick her up. Our neighborhood a.l$() has 10 plus dog owners that like to use the path for walking and exercise. I know this was intended as a fire access road; it's a paved road and many people from all other communities use this road for biking, walking and running. I am asking that a walk-through gate be installed for the public's use so that th~ neighborhoods can be connected. Dumping of debris that the Davis family complains about is not committed by the folks that walk the neighborhood. It was a dead-end street and could happen in any neighborhood." Vm. Oravetz advised that he lived in the neighborhood a.nd noted that the Developer had told the original homeownersfhat the Zone 7 trail would never be developed. He was originally opposed to the trail, but now he was not opposed to it. However, in 2003, the Council agreed that the trail would end at the top of Crossridge Road. The EVA road was never a trail but the gate was left ppen, so people went through. This would need to be addressed as a legal issue. A bypass connector trail would be a good idea. Cm. Zika thought the "Quiet Please" signs were a good idea, as well as closing the trail on high fire days, and stated that those ideas should be implemented regardless. He asked whether the gate was in SanRamon or Dublin. Public Works Oirector Morton advised that the gate was on the property line, but legally in San Ramon. Cm. Zika asked what authority Dublin had over the gate. Public Works Director Morton advised that Dublin did not have authority over the gate, but over the 5-foot strip of property that someone going through the gate to the Dublin side would have to cross over. The City had not yet accepted the dedication of that property . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 242 Cm. Zika stated that an Environmental Impact Report (EIR) should be done to see what the environmental impacts would be, as well as explore the idea of a connector away from the Davis's residence. Cm. Hildenbrand stated that development sales people did not alWays have the updated information, and often provided inaccurate information to potential homebuyers. This situation was an example of what could happen many years later. She agreed that a full- blown EIR should be done. She also agreed that the sign idea was good, although she was not sure how effective it would be. Mayor Lockhart asked if the EIR process would be for the 5-foot strip or the whole concept of linking the trails. Public Works Director Morton advised that, typically, an Initial Study would be done to analyze what level of environmental review was appropriate. An EIR might not be necessary; however, the environmental document would have to examine, if some sort of pedestrian access were provided, the intensification of use on the Dublin facility in terms of noise and wildlife. Mayor Lockhart asked what would need to occur in order for someone to legally cross over that 5-foot strip of property and onto public streets if San Ramon removed the gate. City Attorney Elizabeth Silver advised that two actions would have to occur, and it would be best to think about this issue as separate anq apart from the action the Council took in 2003 to award a contract to pave the bike path. The Council would have to identify what the "project" was if it wanted Staff to do something. An environmental review was done to look at the environmental impacts of a project. The Council could decide that the project could be to accept the 5-footstrip and then open it up for public use. San Ramon would have to open the gate. In general with two jurisdictions, the two entities would decide which was the lead agency for purposes of environmental review and then examine that as a project. An Initial Study would be done to determine what level of environmental review was appropriate. In 2003, a Mitigated Negative Declaration was done. It would ultimately be the decision of the Council as to what was the appropriate level of environmental review. Several projects could be identified, such as accepting the 5-foot strip and opening the gate or the proposed bypass trail. If Dublin did not accept the 5-foot strip, pedestrians could walk across the strip, but it would not be legal if the City did not open it up to public access. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 243 (I) Mayor Lockhart confirmed that the Council consensus was to consider everyone's right to use the trail, but to first understand the impacts on the environment and to the residents of the neighborhood. She asked Staff what the Council would need to do to study the issue of getting the trail open. City Manager Ambrose recommended that the Council instruct Staff to contact the City of San Ramon and collectively identify some alternatives to us~ as a project description, determine who would act as lead agency, and bring the item back to the Council for consideration to start the process. Vm. Oravetz asked how the 2003 agreement with the neighbors figured in to the environmental study. City Attorney Silver advised that she received a l~tter from Mr. Moore, the Attorney representing Mr. and Mrs. Davis, proposing certain "conditions." There was a letter from her to Mr. Moore restating their proposed conditions and outlining what the City was willing to do. There was a letterbapk from Mr. Moore saying, "That's very nice, we appreciate it." It was actually not a settlement agreement, and not an agreement. It was a series of three letters, and the City Council took the various actions that the City Attorney indicated to Mr. Moore in the letter that the CQuncil would consider taking. It was not an agreement or .allything that was legally binding. The Council did everything that was indicated in the letter to Mr. Moore1 and none of those things affected this issue one way or the other. On motion of Mayor. Lockhart, seconded .by Cm. Zika and by unanimous vote (Cm. McCormick absent), the City Council directed Staff and the City Attorney contact the City of San Ramon to discuss their interest in the project, determine who would be the lead agency, and take the next step. .. RECESS , 9:14 p.m. Mayor Lockhart called for a short break. The Council reconvened at 9:22 p.m., with all Councilmembers present (Cm. McCormick absent), and resumed with the Public Hearings. .. DUBLIN CITY COllNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 244 (I) Public Hearing Citywide Street Lighting Maintenance Assessm.ent District No. 83-1 9:22 p.m. 6.2 (360-20) Mayor Lockhart opened the public hearing. Sr. Administrative Analyst Ginger Russell presented the Staff Report and advised that this Assessment District paid the cost of energy and maintenance for the City's street light system except the lights that were included in Dublin Ranch Street Light Maintenance Assessment District 99-1. This action would approve the Engineer's report and levy of assessments for 2006-2007. The proposed assessment, $16.84 per sil18le-family home, was the same as the 2005-2006 assessment. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanimous vote (Cm. McCormick absent), the Council adopted RESOLUTION NO. 135 - 06 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 .. Public Hearing Landscaping and Lighting Maintenance Assessment District No. 83-2 (Tract 4719 - Stagecoach Roac1) 9:24 p.m. 6.3 (360-20) Mayor Lockhart opened the public hearing. Sr. Administrative Analyst Ginger Russell presented the Staff Report and advised that this assessment District paid the cost of landscape maintenance and utilities along Stagecoach Road and the "interior slopes" of the Dublin Hills Estates development. This action would approve the Engineer's Report and levy of assessments for 2006-2007. The proposed DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 245 (I) assessment was 2.8% higher than the 2005-2006 assessment, which was commensurate with the Consumer Price Index rate of inflation, as allowed by the terms of the Engineer's Report approved in 2003-2004. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Cm. McCormick absent), the Council adopted RESOLUTION NO. 136 - 06 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT, CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT.8S-2 (STAGECOACH ROAD) .. Public Hearing Landscaping and Lighting Maintenance AssessmentOisJrict No. 86-tCVi1lages at Willow Creek) 9:27 p.m. 6.4 (360-20) Mayor Lockhart opened the public hearing. Sr. Administrative Analyst Ginger Russell presented the Staff Report and advised that this Assessment District paid the cbStof landscape maintenance and utilities for certain landscaped areas associated with the Villages at Willow Creek development. This action would approve the Engineer's Report and levy of assessment for 2006-2007. The proposed assessment was .2.8% higher than the 2005-2006 assessment, which was commensurate with the Consumer Price Index rate of inflation, as allowed by the terms of the Engineer's Report approved in 2001. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Oravetz, seconded by Cm. Zika and by unammous vote (Cm. McCormick absent), the Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 246 (I) RESOLUTION NO. 137 - 06 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT, CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES AT WILLOW CREEK) .. Public Hearing Landscaping Maintenance Assessment District No. 97-1 (Santa Rita Area) 9:30 p.m. 6.5 (360-20) Mayor Lockhart opened the public hearing. Sr. Administrative Analyst Ginger Russell presented the Staff Report and advised that this Assessment District paid the cost of landscape maintenance and utilities for certain landscaped areas in the area bounded \by 1-580, Tassajara Road, Gleason Drive, and Arnold Road. This action would approve. the Engineer's Report and levy of assessments for 2006-2007. The proposed assessment was the same as the 2005-2006 assessment. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand,$ecQnded by Vm. Oravetz and by unanimous vote (Cm. McCormick absent), the Council adopted RESOLUTION NO. 138 - 06 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT, CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97 -1 (SANTA RITA AREA) .. Public Hearing Street Lighting Maintenance Assessment District No. 99-1 (Dublin Ranch and Tract 7067) 9:31 p.m. 6.6 (360-20) DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 247 (I) Mayor Lockhart opened the public hearing. Sr. Administrative Analyst Ginger Russell presented the Staff Report and advised that this Assessment District paid the cost of energy and maintenance for the street light system in Dublin Ranch and Tract 7067. This action would approve the Engineer's Report and levy of assessment for 2006-2007. The proposed assessment was approximately 74% ($15.70 per lot) higher than the 2005-2006 assessment, but was below the maximum assessment allowed by the Engineer's Report. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Vm.Oravetz and by unammous vote (Cm. McCormick absent), the Council adopted RESOLUTION NO. 139 - 06 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDER LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) .. UNFINISHED BUSINESS Design Development Plans for iNew Shannon Community Center 9:35 p.m. 7.1 (210-30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that, at its March 7, 2006 meeting, the City Council voted for their preferred Shannon Community Center Design option, Mission Style, and authorized Staff to move forward with the design development of the project. The architect had prepared the design development plans which included more detailed building plans and elevations; materials options for both the interior and exterior of the building and two different color schemes. Staff was asking the Council to select its preferred materials, details and color scheme; authorize removal of gazebo and replacement with the "faerie ring," determine the percentage of total capital project budget to be allocated for public art; and authorize Staff to prepare construction documents. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 248 I Gregor Markel, project architect with the Dahlin Group, presented an overview of the project design plan, including landscaping, color schemes and architectural elements offered in Options #1 and #2, and the opportunity for public art. Mission style elements were considered when preparing the concept models. Maintenance and durability, as well as green-building applications, were considered in choosing design materials. Ms. Lichtenstein advised that, regarding landscaping, a full encroachment permit would be needed in order to do cleanup and trimming in the creek. Cm. Zika expressed concern about removing any of the trees in the creek. City Manager Ambrose advised that, from a public safety standpoint, a lot of non-native plant material should be trimmed or removed. The oak trees would not be included in that cleanup, however. The Council discussed the two color and materials options and agreed on Option # 1, which was based on a traditional mission style building with terra cotta colored tile roof, cream-colored walls, sandstone colored base, dark window mullions and green stone accent tiles. The interior of the building followed the concept of the exterior. The Council discussed the removal of the gazebo and addition of a faerie ring instead of installing another gazebo, and agreed that the faerie ring would be an excellent addition. Vm. Oravetz suggested that Robert Enea, who donated the gazebo to the City several years ago, be thanked again for his donation. The Council discussed the public art component and agreed that 1 % of the total capital project budget should be allocated for public art. Based on a total capital project budget of $10,478,568, 1% of the budget would be $104,785. On motion of Crn. Zika, seconded by Cm. Hildenbrand (Cm. McCormick absent), the City Council selected Option # 1 as the preferred materials, details and color scheme; authorized the removal of the gazebo and replacement with a "faerie ring"; determined that 1 % percent of the total capital project budget should be allocated for public art; and authorized Staff to prepare construction documents. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 249 NEW BUSINESS Item 8.1, Alamo Creek Bicycle Path: Potential Connection Trail Located in San Ramon at the Crossrieige Road Gate, was heard directly after Item 6.1. .. Dublin Ranch Area F - Neighborhood Square ConceptqaJ. Design 10:12 p.m. 8.2 (290-30) Parks & Facilities Development Coordinator Rosemary Alex presented the staff Report and advised that, as approved in the IT 2006..2011 Capital Improvemetlt Program, construction of the 2-acre Neighborhood Square in Dublin Ranch Area F would begin IT 2006- 2007 and would be complete in IT 2007-2008. In order to meet that timeframe, the City's consultant, Keller Mitchell Company, would be presenting the preferred conceptual square design for Councila,wroval. At this time, Staff requested that the Council approve the preferred conceptual square design and authorize the Consultant to proceed with the preparation of the construction documents. Jackie Keller, Keller Mitchell Landscape Desisn, presented an overview of the preferred park design, which was inspired by Italian gardens and design principals. The Developer would be required to build ~rt of the project, such as the bulb-out, which was integrated into the design. The Council discussed the proposed design elements and play structures and indicated its approval, especially the concept of using statuary as play equipment. The proposed rock wall should be as safe as possible. . Ms. Alex advised that the rock wall was developed by playground manufacturers and was current in safety standards. On motion of Cm. Hildenbrand, seconded by Cm. Zika (Cm. McCormick absent) and by unanimous vote, the City Council approved the preferred conceptual square design and authorized the Consultant to proceed with the preparation of the construction documents. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 250 (I) ApPOintment of Ad-Hoc Committee to Evaluate Citizen/Organization of the Year Prosram and City's Annual Volunteer Recognition Event Date Change 10:30 p.m. 8.3 (610-50) City Clerk Fawn Holman presented the Staff Report and advised that, as part of the FY 2006-2007 Goals & Objectives program, the Council identified a high priority goal to "Evaluate the need to improve and expand the Citizen and Organization of the Year Program." As such, the Council needed to appoint two Councilmembers to serve on the Ad-Hoc Committee. The Council would also need to determine anew permanent date for the annual Volunteer Recognition Event, at which time the Citizen and Organization of the Year were announced. The Council confirmed the appointment of Mayor Lockhart and Cm. Hildenbrand to the Ad-Hoc Committee, with a timeframe of August - October 2006; and determined that the new reoccurring Volunteer Recognition Event date would occur on the Friday after the second Council meeting in February. Ms. Holman clarified that the 2007 Volunteer Recognition Event would be held on Friday, February 23, 2007. .. Designation of Voting Delegate and Alternate for the Z006League of Califomia Cities Annual Conference 10:44 p.m. 8.4 (610-40) City Clerk Fawn Holman presented the Staff Report and advised that, at its December 21, 2004 meeting, the Council appointed Cm. Oravetz as Voting Delegate and Cm. Hildenbrand as Alternate for the League's 2006 Annual Conference. Due to unforeseen scheduling conflicts, Cm. Oravetz was unable to attend the conference, and Cm. Hildenbrand was unable to attend the entire conference. As such, it would be necessary for the Council to appoint new delegates to the conference. On motion of Vm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote (Cm. McCormick absent), the Council confirmed the appointment of Cm. Zika as Voting Delegate and Cm. McCormick as Alternate for the League of California Cities 2006 Annual Conference, and directed Staff to notify the League of the appointments. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 251 (I) Desisnation of Agency Labor Negotiators - Unrepresented Employee: City Manager 10:45 p.m. 8.5 (110-30/600-30) City Manager Richard Ambrose presented the Staff Report and advised that this item provided for the designation of two members of the City Council as the City's representatives to discuss conditions of employment, including salary and fringe benefits, for the City Manager. On motion of Vm. Oravetz, seconded by Cm. Zika and by unanimous vote (Cm. McCormick absent), the City Council designated Mayor Lockhart and Vm. Oravetz as the City Representatives to negotiate with the City Manager. . O'nIER BUSINESS Brief INFORMATION()NLl reports from CouneB and/or Staff, including Committee Reports and Reports by Council related to meetings attended atCity expense (AD fZ34) 10:45 p.m. City Manager Ambrose advised that Staff would like to give the Council a demonstration of the new Council voting system August 1, 2006, directly after the Council meeting. The voting system would be implemented at the August 15, 2006, Council meeting. The Council agreed to a demonstration after the August 1 st Council meeting. Vm. Oravetz advised that he attended a Livermore-Amador Valley Transit Authority meeting, at which time the Board voted for a phased fare increase. Cm. Hildenbrand advised that a Dublin family was trying to get out of Lebanon during this dangerous time and asked for everyone to keep them in their thoughts and prayers. Mayor Lockhart advised that she rode public transportation on two of the three spare- the-air days. It was good to see so many people using public transit. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18,2006 PAGE 252 (I) 10:51 p.m. Mayor Lockhart advised that the Council would reconvene to Closed Session to discuss Item III: Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no action was taken during Closed Session. .. AQJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:00 p.m. . Mayor ATTEST: City Clerk ~ DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING July 18, 2006 PAGE 253 (I)