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HomeMy WebLinkAbout02-01-2005 Adopted CC Min R£6ULAR M££TIN6 - FEBRUAR)' 1, 2005 CWSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. Anticipated Litigation - Initiation of litigation pursuant to Government Code Section 54956.9, subdivision c (one potential case). Z. Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision b (one potential case) Facts and circumstances: Government Code Section 54956.9(b) (1)(B): CIP Project # 95930. A regular meeting of the Dublin City Council was held on Tuesday, February 1, Z005, in the Council Chambers of the Dublin Civic Center. The meeting was calIed to order at 7:00 p.m., by Mayor Lockhmt. .. ROIL CALL PRESENT: ABSENT: Council members Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart. None. .. PLEDGE OF ALLEGIANCE The pledge of alIegiance to the flag was recited by the Council, Staff and those present. . REPORT ON CWSED SESSION ACTION Mayor Lockhart announced that there was no repoltable action on Item 1. On Item Z, the Council authorized (600-35) the City Manager to sign a "Delay Settlement and Waiver" and change order for CIP Project # 95930 (Contract 03-17 McCrary Construction Co.). The Council vote was unanimous, 5-0. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1, 2005 PAGE 33 J'v INTRODUCTION OF NEW EMPLOYEES 7:02 p.m. 3.1 (700-10) Three new employees were introduced, including: Mark Lander, City Engineer; Frank Navarro, Senior Civil Engineer; and Craig Johnson, Building Permit Technician. · PROCLAMATION RECOGNIZING ALBERT YBARRA FOR ACTS OF HEROISM 7:08 p.m. 3.2 (610-50) On September 7, 2004, while driving on the San Mateo Bridge, Albert Ybarra came upon an accident scene in which two young boys had been ejected from their vehicle and, along with an adult male attempting to save them, were struggling in the strong currents of the San Francisco Bay. Without hesitation or thought for his own personal safety, he leaped illto the Bay to help pull the adult and one of the young boys to safety. Mayor Lockhart read and presented a proclamation to Albert Ybarra for his acts of heroism in the saving of two very valuable lives, and congratulated him for exemplifying the definition of a true hero. Chief Thuman also presented a certificate of recognition on behalf of the Dublin Police Services. Mr. Ybarra stated he was thankful he was there to help out. Patrick Harris and Salvadore Dustin also helped. · CERTInCATI;S OF RECOGNITION TO "DUBLIN nGHTERS" SOCCER TEAM 7:13 p.m, 3.3 (610·50) Mayor Lockhart presented Certificates of Recognition to the "Dublin Fighters" soccer team on their win in the Under 10 Division and for winning the District 3 Division Cup. Team members include: Amanda Garcia,Joanna Giron, Veronica Highsmith, Maddie Hirsch, Annie Jones, Allison Mitchell, Brittany Mitchell, Adrianna Nugen, Olivia Silva and Jasmine Wong. Team Captains Rebecca Beasley and Julia Rogers were also recognized, · CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February I, 2005 PAGE 34 SAFELY SURRENDERED BABY LAW SB 1368 PRESENTATION AND CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF DUBLIN TO PARTICIPATE IN THE SAFE HAYEN PROGRAM FOR NEWBORNS 7:17 p,m, 3.4 (585-10) Alameda County Fire Chief Bill McCammon presented the Staff Report and advised that the Safely Surrendered Baby Law (also known as the Safe Haven or Newborn Abandonment Law) went into effect January 1,2001, and authorizes the Alameda County Board of Supervisors to designate locations where newborns (less than 72 hours of age) may be confidentially surrendered by a parent or guardian having lawful custody of the infant, without fear of criminal prosecution, The use of fire stations as drop off locations for newborns is part of a statewide effort to end tragic consequences of infant abandonment. Chief McCammon explained the process and the public education process that will be used. Discussion was held related to the 72 hours regulation and the timing for completing the medical forms, Chief McCammon stated they intend to accept any infant that is brought in. The main focus will be on immediately dealing with the baby and a medical form can be filled out later. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 10 - 05 AUTHORIZING THE CITY OF DUBLIN TO PARTICIPATE IN THE SAFE HAVEN PROGRAM FOR NEWBORNS . CONSENT CALENDAR 7:28 p.m. Items 4.1 through 4.6 On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of January 18, 2005; CITY COUNCIL MINlJTES VOLUME 24 REGULAR MEETING February I, 2005 PAGE 35 Received (4.2 320-30) City Treasurer's Investment Repolt for the second quarter of FY 2004-05, indicating the City's investment portfolio to be $106,385,851 (market value) with funds invested at an average yield of 2,912% as of December 31, 2004; Adopted (4.3 600·50) RESOLUTION NO. 11 - 05 APPROVING FREEWAY MAINTENANCE AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR IMPROVEMENT OF THE 1-580/FALLON ROAD INTERCHANGE Adopted (4.4 600-35) RESOLUTION NO. 12 - 05 AWARDING CONTRACT 04-13 SHANNON PARK PLAY AREA RENOVATION TO G & G BUILDERS INCORPORATED ($113,602 INCLUDING ALTERNATES 1 AND 2) Received (4,5 330-50) the Final Financial Report for Fiscal Year 2003-04; Approved (4.6 300-40) the Warrant Register in the amount of $2,296,178.23, . PUBLIC HEARING - PA 02-074 ADOPTION OF AN HISTORIC OYERLAY WNING DISTRICT ORDINANCE 7:28 p,m. 6.1 (910-40) Mayor Lockhart opened the public hearing. Senior Planner Kristi Bascom presented the Staff Report and advised that this is the second reading of an Ordinance which would approve the following amendments to Title 8 of the Dublin Municipal Code (DMC): Creation of Zoning Ordinance Chapter 8.62, Historic Overlay Zoning District Site Development Review; Amendment to Chapter 8,104, Site Development Review; and an amendment to the Zoning Map to add an overlay zoning designation to the Historic Area. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February I, 2005 PAGE 36 Cm. Oravetz asked if any comments had been received following the first reading. Ms. Bascom replied that she had received none. Sue Hagan, owner of Dublin Creek Kennels on Donlon Way asked for clarification on certain sections as they relate to her property; specifically, modification to site layouts, parking fencing, etc. She questioned if she wanted to do landscaping, does this refer to any type of landscaping? Does she have to get a permit? Ms. Bascom stated this property is unique in that it is both commercial and residential. She would need to explain what she intends to do to the property and Staff would review this. At the most, it could require a fee for a Site Development Review. Mayor Lockhart explained that this is really designed for large office complexes. It would be a good idea for her to can and let Staff know what she is doing. It shouldn't turn into a big problem for her. City Manager Ambrose stated it depends upon the extent and nature of improvements; as an example, if they were to put up some type of structure in the front yard that is not in keeping with the historic district. Cm. McCormick stated she agreed that paying a fee for putting in some junipers is wrong. Mayor Lockhart closed the public hearing. On motion of Vm. Zika, seconded by Cm, Hildenbrand, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO.4" 05 ADOPTING A NEW CHAYI'ER 8.62 or THE DUBUN MUNICIPAL CODE TO CREATE PROVISIONS FOR HISTORIC OYERLAY ZONING DISTRICT SITE DEVEWPMENT REVIEW, AMENDING CHAYI'ER8.104 OF THE DUBLIN MUNICIPAL CODE RELATING TO SITE DEYEWPMENT REVIEW, AND AMENDING THE ZONING MAP TO CREATE A NEW HISTORIC OVERLAY ZONING DISTRICT .. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1, 2005 PAGE 37 PUBLIC HEARING ADOPTION OF SPEED LIMITS ON GLEASON DRIVE BETWEEN TASSAJARA ROAD AND FALWN ROAD AND ON GRAFTON STREET BETWEEN GLEASON DRIYE AND ANTONE WAY 7:35 p.m. 6.2 (590·20) Mayor Lockhart opened the public hearing, Public Works Director Melissa Morton presented the Staff Report and advised that this is the second reading of a proposed Ordinance to establish speed limits for the newly constructed portions of Gleason Drive and Grafton Street. The recommended speed limit for Gleason Drive between Tassajara Road and Fallon Road is 40 mph. The recommended speed limit for Grafton Street between Antone Way and Gleason Drive is 25 mph. 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.5 - 05 ESTABLISHING SPEED LIMITS ON GLEASON DRIYE BETWEEN TASSAJARA ROAD AND FALLON ROAD AND ON GRAFTON STREET BETWEEN ANTONE WAY AND GLEASON DRIVE . PUBLIC HEARING ~ PA 04-044 CONDOMINIUM CONVERSION ORDINANCE REGULATING THE CONVERSION OF EXISTING APARTMENTS IN TH£ CITY TO CONDOMINIUMS 7;37 p.m. 6.3 (430-20) Mayor Lockhart opened the public hearing. Associate Planner Jeff Baker presented the Staff Report and advised that Ordinances were being presented for Council consideration which would regulate the conversion of existing residential apartment units held in single ownership to for-sale condominiums. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1,2005 PAGE 38 Mr. Baker addressed the issues of: A. Application of the Condominium Conversion Ordinance B. Limitations on Conversions C. Limitations on Rent Increases D, Tenant Relocation Assistance Plan E. Inc1usionary Zoning Regulations F. Tenant's Right to Purchase Units G. Building Code Requirements H, Site Development Review In summary, Mr. Baker advised that on January 11, 2005, the Planning Commission adopted a Resolution recommending that the City Council consider adoption of an urgency Ordinance and a non-urgency Ordinance, with modified language, to regulate the conversion of rental apartments to for-sale condominiums. The Ordinance would exempt projects with condominium maps from the provisions of the Condominium Conversion Ordinance, Adopting an urgency Ordinance will ensure that the Ordinance is in effect before the City takes action on the current subdivision applications. To enact the urgency Ordinance, the City Council must determine that the conversion of these apartments to condominiums might frustrate the City's goal and State law obligation to adequately provide for the housing needs of all economic segments of the community. To ensure that the Ordinance becomes effective in the event that the urgency Ordinance is challenged, the Planning Commission recommends that the City Council also adopt a non-urgency Ordinance, which would supersede the urgency Ordinance upon becoming effective 30 days after a second reading. Mr. Baker discussed corrections and deletions that needed to be made to the Ordinances, Page 3, Section 8.54,040 B 2. should be corrected to indicate "Rental/Ownership Housing Ratio: The ratio that multiple-family units in developments of twenty-one (21) or more rental units bears to the total number. ' ." and page 11 should be changed to read projects with 21 units also. On Page 12 sentences needed to be deleted from Section 3. Cm. McCormick asked if there is just one project with 21 units. Mr. Baker advised that there are two projects; one with 20 units and one with 8 units. Vm, Zika commented we have a housing element which was approved by the State that says we will have 30% rental. If we exempt 1100 units, we are violating our own policy as soon as it's adopted. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1,2005 PAGE 39 Mayor Lockhart asked if we have any information that says the needs in our community is 30%1 Mr. Baker advised that that was the national average at the time our housing element was adopted. We are currently at 25% of rental housing units now, If we built all multi- family with apartment units now, we would be at 32%. Ron Nahas stated they started developing here in Dublin in 1983 and they still own and manage most of the projects. They all have condominium maps on them. The package from Staff does not respond entirely and address condominiums that went before the Planning Commission. More than fairness is involved. Until a public report is issued by the State, the right to sell the units is vested. Crosscreek is working toward selling the units. This was originally their project and they sold it a number of years ago. He discussed case law and common practices used in Southern California. Substantial reliance on approval is what they rely on, Two Ordinances are before the City Council; one urgency to prevent Archstone tentative map. The public report is not issued for 6 months or more. He questioned how the City Council can make a finding of urgency, He stated he has every confidence the City Council will agree with the Planning Commission, There are some good valid legal reasons for not doing this. He reported that their rents have been declining since 2001 and vacancies have been rising. The market is saying there are too many rentals and too few for-sale units. They are concerned about whether their approvals received from the City are protected. Shyam Taggarsi, representing Archstone-Smith requested consideration of several points. He discussed policies that go against free market such as rent control in Santa Monica and Berkeley. There is a reason why condominium conversions are the rage today. Rents have plummeted over 30% since 2001. Condominium construction reduced to a trickle in the 1990's. There is a pent up demand currently. Economic situations change all the time. He pointed out advantages of condo conversions such as providing affordable housing to many. People are more interested in buying condos than losing their apartment. The incremental property tax revenue is substantial. For every 500 units converted, the City gets $1 million in property tax. This Ordinance represents a de facto moratorium on condo conversions. Their intent is not to convert, but to get as many entitlements as possible on the properties, The upside is far greater to the City than the downside. He asked that the Council not adopt the Ordinance. Mayor Lockhart closed the public hearing. Mr. Baker stated there was a question if they can separate the map piece from the condo conversion permit. If we approved a map, you are no longer su~ect to the Ordinance, CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1, 2005 PAGE 40 City Attorney Elizabeth Silver stated the City has notice when they want to convert. If you separate the map, as it is written now, it wouldn't require a condo permit. If you change the ordinance, the city wouldn't have notice if they sell the property. She discussed the 30% rental requirement. Cm, McCormick stated she was hearing it is highly unlikely we will get to 30%, so why are we doing this? Cm. Oravetz stated when interest rates are high, people want to rent; when they're low, they want to buy. We need to have a percentage of apartments in the community remain apartments. Mayor Lockhart I\.'l;reed, but stated she wasn't convinced of what the percentage needs to be. ym. Zika commented Mr. Nahas seems to think there isn't an urgency, but we feel there is. Ms, Silver explained the urgency ordinance which ties back to City Council action in September to adopt the Resolution of Intent to adopt these regulations and the situation if projects were approved before the ordinance takes effect. Vm. Zika discussed the fact that we have some applications to convert and if we don't pass some Ordinance in the near future, these projects would be approved. Mr, Baker explained that, at this time, those applications haven't been deemed complete. We still have a window in which a non-urgency Ordinance can take effect before - 50 days from time it is determined to be complete. Vm. Zika stated while he realizes we have some commitment to Mr. Nahas and the other 500 units, things change in 20 years. If we exempt these 1100 units, we get no affordable units, or handicap units - we get nothing. If we pass what the Planning Commission recommends, we violate the policy as soon as we pass it. Why not go about our merry way and do nothing? He stated he realizes 30% may be high. He would be willing to sit down and work on this figure. He would be willing to exempt them if we could get some affordable and handicap units. We have a greater need for workforce units. We had to pass our Inclusionary Ordinance and that is why it exists. Can we come up with a win/win for everybody? CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1,2005 PAGE 41 Mayor Lockhart stated she was concerned about parts of this also. People rent homes every day for a variety of reasons. We can't lump these and make them fit into one little package. The State of California has been struggling with people being able to own their own homes. She talked about touring brand new units in Livermore where people could buy cheaper than they could rent. They were designed for affordability. This could be a wonderful opportunity for people in our community. We're acting like all these units are going to be going on the market tomorrow and this may not be the case. She stated she doesn't have an urgency fear about this whole issue, There are questions that haven't been answered or concerns that haven't been thought completely through. She stated she is not interested in challenging apartment owners in our community. She would like to know what the actual need is in our community. It could be 30% or 25% or 20%. She also would like more conversation about the rights of tenants. There are too many opportunities to take advantage of this situation. Every home doesn't have to be made ADA accessible. It feels like we're stepping on people and she doesn't like this feeling. The overall process doesn't feel comfortable. Cm, Hildenbrand stated she is also uncomfortable with this, A lot of questions need to be answered. Cm. McCormick agreed that condos are a necessary part of our housing stock. After reading this, she came in thinking 30% is the magic number. Right away however, we are out of sync, This is the national average and doesn't necessarily relate to our numbers. Mr. Ambrose stated if we had a housing needs assessment we would have a better handle on this. HCD is the unknown. Staff doesn't think realistically you will be able to hold 30% as we build out. We need to review our housing needs assessment to come up with our figure. Mayor Lockhart stated it warrants the time to find out what is realistic for our community. This Ordinance will affect a lot of people and whether they want to come in and build in our community. If we put something out there that is totally unacceptable to the apartment building community, we cut our own throats. What are our needs? What can we do to meet those goals and sti1l meet the needs of our business community? Cm. Oravetz suggested the City Council do nothing right now. Leave things as is. If they have agreements to convert, let them go forward, Put this on the shelf and bring it back some other time. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February I, 2005 PAGE 42 Vm, Zika felt we need to address this, but we need more data. If we start the conversion process, we might get ourselves into a corner and panic, He wants to see some percentage of affordable units, Mr. Ambrose summarized that the intent of the City Council is to take no action tonight, but direct Staff to come back with a housing needs assessment. If we come back and determine that a condo conversion Ordinance is appropriate, we can move forward. Vm. Zika suggested another option is to pass this and then fix it later. Mr. Ambrose stated the City Attorney feels we can apply the Ordinance to projects that do not yet have a public report. We can't delay their projects, As soon as the applications are complete, we have 50 days to process it. Housing Specialist Julia Abdala stated there will be an item before the City Council shortly referring to a housing survey. Consultants will design a tool to gauge different types of needs of the community. This is a scientific survey. It will take the consultants a few months to do the survey and come back with the results. Mr. Ambrose discussed moving forward with % identified and once we have our housing numbers, we can change it. Mayor Lockhart stated she will not support the original recommendation as she felt these people have been operating under an assumption for some time, Cm. Oravetz and Cm, Hildenbrand agreed Vm, Zika again stated if we pass this as it exists, we violate the policy as we pass it. Mr. Ambrose advised that the 30% housing number is not a policy, it is just a percentage we had when we passed our housing policy. Do you exempt current maps? The Planning Commission recommends that you do. He suggested the Council deal with this issue and put this aside. You then deal with future applications. Those that have existing maps should not be required to meet these requirements for affordable units. He questioned ifthis is what he heard? Mayor Lockhart stated we have a commitment to affordable housing, but to go back and tell people that came to and invested in our community, to go back after the fact, we are going to make them responsible for the new rules ~ this is almost like bait and switch. This is not fair. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1, 2005 PAGE 43 Cm. McCormick asked about tenants and fairness to them. Mayor Lockhart stated she did not feel when people rent apartments that they expect to live there for the rest of their lives. She stated she doesn't think tomorrow all these units will have for-sale signs on them. Cm. McCormick asked why not just exempt everybody? Vm. Zika stated if you got in before 1990 you're exempt; otherwise you're not. Mayor Lockhart made a motion, which was seconded by Cm, Oravetz to continue the item for 30 days and give Staff an opportunity to look at some of the questions asked tonight. Nothing is going to happen for at least 50 days. Maybe another alternative or information on percentages can be reviewed, Mr, Ambrose stated he understood the Council's primary and major concern is they don't feel comfortable with the percentages. Staff should look at how much multi~family has been built. Mayor Lockhart requested a clearer picture of what we will look like at build out. Vm. Zika requested that we look at how do we get some workforce affordable housing out of this. Mr. Ambrose stated there is a line of demarcation. Mayor Lockhart added that we look at the difference between existing maps and what might be planned in the future, What does this mean in the big picture at build out? Mr. Ambrose stated we will look at some opportunities for apartments to convert. Mayor Lockhart requested we look at some way for property owners to get the value out of their apartments maybe without actually having the conversion permits. Look at more flexibility and a clear picture of what the future holds at build out with regard to make up of current status with the different types of units. Vm. Zika asked if we can get some affordable units out of the ones that have a map for conversion, CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1,2005 PAGE 44 Ms. Silver talked about the public report which allows them to sell the units. If the City Council wants to subject Mr. Nahas' project to the Ordinance, you need to apply the Ordinance to projects that have no condo map, She discussed a Supreme Court decision and stated she feels the City can do this. They disagree with this interpretation. This is based on two cases out of West Hollywood. We believe the owner with a condo map does have a vested right without a public report. This is a very technical area of the law and one about which people disagree. If we want to apply this to projects that have maps, she stated they feel they can successfully defend this. Mr. Ambrose stated they can water down the requirements and change any of the conditions in the Ordinance. Ms, Silver stated this is the first decision the City Council needs to make. The second relates to the percentage of rental units. Other data could possibly support a different percentage. On motion of Mayor Lockhart seconded by Cm. Oravetz, and by unanimous vote, the Council agreed to continue this item for 30 days and give Staff an opportunity to look at some of the questions asked tonight. . RECESS 9:03 p.m. Mayor Lockhart called for a short recess, At 9:11 p.m. the meeting reconvened with all Councilmembers present. . EMERALD GLEN PARK PHASE III .. CONTRACT 05-02 - AUTHORIZATION TO BID 9:11 p.m. 7.1 (600·35) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the 2004·2009 Capital Improvement Program includes funding for the third phase of development of Emerald Glen Park. After a series of public workshops in the Summer of 2004, the City Council adopted the Conceptual Plan for Emerald Glen Park Phase III in August of 2004, The City's consultant, Carducci & Associates has completed preparation of the plans and specifications for the project, which is ready for bid, Cm. McCormick discussed the bocce ball courts. She felt we should add the arbor. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February I, 2005 PAGE 45 City Manager Ambrose stated we will zet bids on all the items. This will ultimately be the Council's decision, On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council authorized Staff to advertise for bids. . CONSIDERATION OF SUPPORT FOR LEGISLATIVE CHANGES THAT WOULD AMEND THE AMERICANS WITH DISABILITIES ACT (ADA) TO REOUIRE NOTICE PRIOR TO nLING A LAWSUIT 9:16 p.m. 7.2 (660-40) Assistant City Manager Joni Pattillo presented the Staff Report and advised that based on the information that was presented by Staff at the January 18,2005 City Council meeting on the City of Morrow Bay's request to have cities throughout California support legislative amendments to the ADA, there were some additional fo11ow-up items raised by the Council that needed to be addressed prior to the Council taking any action on this request. Ms. Pattillo discussed Staff's responses to the fo11ow-up items. In summary, Ms. Pattillo stated based on the additional findings from the follow-up items, Staff recommended at this time to take the same approach as the League of California Cities, which is to wait until the bill is fully developed and then follow-up with the League of California Cities on its position on the bill and then bring this item back to the City Council for consideration. Cm. Oravetz stated he and Vm. Zika attended the East Bay Division meeting last week and they got the same advice. Mr. Ambrose stated Staff will bring this item back when the "spot bi11" AD 20 is fu11y developed. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1, 2005 PAGE 46 APPROVAL OF PARCEL MAP 8407 AND IMPROVEMENT AGREEMENT FOR ENEA PROPERTIES COMPANY. LLC 9:19 p.m. 8.1 (600-60) Public Works Director Melissa Morton presented the Staff Report and advised that Enea Properties Company LLC is seeking City Council approval of Parcel Map 8407 and the Improvement Agreement associated with the Enea project located at the southeast corner of Amador Valley Boulevard and Village Parkway. Parcel Map 8407 will subdivide an existing parcel to accommodate a future office building and a future commercial/retail center, On motion of Cm. Hildenbrand, seconded by Cm, McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 13 - 05 APPROVING PARCEL MAP 8407 AND IMPROVEMENT AGREEMENT (ENEA PROPERTIES COMPANY, LLC) . APPROVAL OF nNAL RELOCATION IMPACT STATEMENT FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852 DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 9:22 p.m. 8.2 (670-30) Public Works Director Melissa Morton presented the Staff Report and advised that as part of the Dougherty Road Improvements - Houston Place to 1-580 project, 4 businesses will be impacted and subject to relocation. These businesses are: Miracle Auto Painting & Body works, Gi1s's Body Works, All Glass and Smog Station. A Relocation Impact Statement is required in order to identify the needs of the affected business occupants, to discuss the relocation assistance available to the businesses, and to identify commercial properties available for lease or sale that could accommodate the needs of the affected businesses. Jeff Gil, Gil's Body Works, stated the relocation has been explained very well. The supply is another matter. Right now, there is no supply. Most of the questions are related to the goodwill pad of it. They have no answers for their employees. From now until August is a long time. He stated another problem they have is down time once they find a location. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February I, 2005 PAGE 47 Jeff Jacobs, Miracle Auto Painting stated they understand they need to move. His shop has been there since 1972 when there was a Kmart there, their shop and a bunch of cows, They are now at the busiest intersection in town. Unfortunately, the City is not making allY room for their type of business. They have known about this for 7 % years. The City has come up with nothing for goodwill or loss of business. His potential new location in Pleasanton will have a quarter of the traffic currently passing his location. His chance for doing this project is about over. He has 17 employees with families and is very concerned. They want to continue in this area, so they have a potential location in Pleasanton. Wayne Abbott, Miracle Auto Painting stated with regard to building and moving they have had their rights explained. What they request is for the City Council to request Staff to move this thing into full gear to speed this up. He requested that the Council instruct Staff and the Attorneys to pick up the pace. Ralph Gil owner of Gil's Auto Body property, stated the business has been good to him. They have a chance to save part of it. He requested that the City talk it over and save part of it for him. Denise Gil,Jeffs wife, stated their lives have been put on hold. They would like to have things not put aside so quickly. If they could have answers to their dollar questions, they would greatly appreciate it. Mayor Lockhart explained that this has to do with Staff time and City Council meetings because they have to make their decisions at Council meetings. They understand that this is a difficult situation, Were the demand and need not there to widen this road, we would not be doing this if it were not necessary. She stated she hopes they realize Staff is not dragging their feet, but trying to work toward solutions that work for everybody. Cm, McCormick asked about comment that this is to be done by April and August of this year. This was distributed to all the owners? Were there any objections noted? Ms. Morton stated we didn't receive any written comments. We have weekly, sometimes daily conversations with the property owners about the process. We have had a lot of verbal comments. Mr. Ambrose clarified that we have also been working with the Gils regarding retaining apart of their building. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1,2005 PAGE 48 Ms. Morton advised that Staff met with Jeff Gil and discussed the actual setback and to determine whether a cut and reface is possible. It doesn't appear to be possible. They would have to consider a new building, Vm. Zika reiterated we hope to have a written offer this month and to be completed by April. On motion of Cm. McCormick, seconded by Cm. Hildenbrand, and by unanimous vote, the Council adopted RESOLUTION NO. 14 - 05 APPROVING FINAL RELOCATION IMPACT STATEMENT FOR THE DOUGHERTY ROAD IMPROVEMENTS (HOUSTON PLACE TO 1-580) PROJECT . ST. PATRICK'S DAY PARADE FWAT 9:41 p.m. 8.3 (950-40) Assistant to the City Manager Julie Carter presented the Staff Report and discussed the alternatives for the Council's participation in the annual St. Patrick's Day Parade, Options for consideration included: Antique Cars; Alameda County's Antique Fire Truck; Golf Carts; City Council Float; Walking; or other alternative. Cm, Hildenbrand stated she likes the antique fire truck and would like them to be all together in the parade. Mayor Lockhart stated she votes for the fire truck. Cm. Oravetz agreed. Vm. Zika stated he will be in Virginia visiting his grandkids. By a Consensus, the Council agreed that they would ride in the antique fire truck in the parade. .. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1,2005 PAGE 49 EMERALD GLEN PARK WATER PLAY AREA RENOVATIONS 9:45 p.m, 8,4 (600-30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that at the end of last summer, it was brought to the attention of the Parks & Community Services Depaltment that the resilient surfacing at the Emerald Glen Park water play feature had failed, The surface has delaminated from the sub-layer and was presenting a tripping hazard. At that time, Staff closed the facility to minimize potential hazards. In order to repair the water play area at Emerald Glen Park, Staff is requesting that funds be made available to complete renovation work prior to the summer of 2005. Cm. Hildenbrand asked about the lifespan of the product they will use, Tot Turf. Ms. Lichtenstein stated it has a 5 years warranty. On motion of Vm. Zika, seconded by Cm, Oravetz, and by unanimous vote, the Council approved a Budget Change in the amount of $61,930; waived the competitive bidding requirement and authorized Staff to enter into an agreement with Robertson Industries for an amount not to exceed $25,500; and authorized Staff to proceed with the remaining project items provided the cost is within the total available budget. . ESTABUSHMENT OF NEW CAPITAL IMPROYEMENT PROGRAM (CIP) PROJECT, TRI-VALLEYTRIANGLE STUDY 9:51 p.m. 8.5 (590-80) Public Works Director Melissa Morton presented the Staff Report and advised that the establishment of the proposed CIP Tri-Valley Triangle Study project will supplement the current CMA funding for the Tri-Valley Triangle Study with local funds to cover the additional cost to refine the travel demand and traffic operations models for the study to reflect local traffic conditions within the study area. The purpose of the Triangle Study is to develop a sequencing strategy for improvements identified in the Alameda Countywide Transportation plan for the I-5S0, I-680 and Route S4 corridors. It will take 9-12 months to conduct the study, City Manager Ambrose stated a great side benefit of undertaking this study is we can all discuss what the true impacts are on our respective arterials using a common set of numbers. Staff is to be commended. There has been a lot of work on behalf of Staff and the Mayors. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING February 1,2005 PAGE 50 Cm. McCormick discussed and clarified the funding figures, On motion of Cm. McCormick, seconded by Cm. Hildenbrand, and by unanimous vote, the Council established a new CIP Project and approved a Budget Change in the amount of $58,500 to cover Dublin's share of the cost. .. OTHER BUSINESS 9:59 p.m, Vm, Zika advised that the Livermore Master Airport Expansion Plan is back to square one. .. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m, ATTEST: Mayor ~ CITY COUNCIL MINUTES VOLUME 24 REGUI.AR MEETING February 1, 2005 PAGE 51