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HomeMy WebLinkAbout04-03-2007 Adopted CC Min (2) MINUTES OF THE cITY COUNCIL OF THE cITY OF DUBLIN RE6ULAR MEETIN6 - APRIL 3. 2007 CLOSED SESSION A closed session was held at 6:48 p.m., regarding: L CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: 11759 Dublin Blvd. (Dublin Square Shopping Center) City Negotiator: City Manager Negotiating parties: City of Dublin; Berkeley Land Company, Inc., a California Corporation Under negotiation: Price and terms of payment . A regular meeting of the Dublin City Council was held on Tuesday, April 3,2007, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart. ABSENT: None .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 118 REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action had been taken. .. ORAL COMMUNICATIONS Acceptance of Gifts to City from St. Patrick's Day Sponsors 7:05 p.m. 3.1 (150-70) Recreation Coordinator Lorri Polon presented the Staff Report and advised that the City received $53,500 in monetary sponsorships for the 2007 St. Patrick's Day Festival and Fun Run. In addition, the City received overwhelming support in the form of in-kind donations of goods and services. The Council recognized the businesses and organizations that supported the events. Festival Monetary Sponsors: Guinness, Palo Alto Medical Foundation, Toll Brothers, Kitchen Networks, Triad Gateway, Comcast, Shell Vacations, State Farm, Valley Care Health System, Wyndam Resort Development, Safeway, Sprint/Nextel, Foothill Chiropractic, Ulferts, AT&T, RVX, John Robert Powers, Hacienda Crossings, and Kitchen Experts. Fun Run Monetary Sponsors: World of Shoes, Alameda County Deputy Sheriff's Association, Alameda County Firefighters - Local 55, Wells Fargo, and Shell Vacations. In-Kind Sponsors: Diablo Magazine, NBC 11, Radisson Hotel, Eric's Deli, ESSN, Mimi's Cafe - Dublin, Safeway, Dublin Trophy House, Lucky Pizza, Albertsons, Dublin Cyclery, Select Imaging, Janice Liao D .M.D., and Jazzercize. The Council also recognized local non -profit organizations for their participation: Dublin Sister City Association, Dublin Host Lions Club, and Alameda County Firefighters Local 55. On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council recognized the sponsors and formally accepted the contributions. .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 119 Acceptance of Gifts to City from the Dublin Rotary and Host Lions Clubs 7:14 p.m. 3.2 (150-70) Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the Rotary Club and Host Lions Club of Dublin had elected to support the Dougherty Hills Dog Park by making monetary contributions for the project. The Rotary Club presented a check for $4,500 to the Dublin City Council for use at the Dougherty Hills Dog Park. The Council thanked both organizations and presented them with certificates of appreciation. On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the Council recognized the sponsors and formally accepted the contributions. .. Public Comments 7:18 p.m. 3.3 No comments were made by any member of the public at this time. .. CONSENT CALENDAR 7:19 p.m. Items 4.1 through 4.7 On motion of Cm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meetings of February 20, 2007 and March 6, 2007; Approved (4.2 350-40) the disposal of computer equipment to AERC, a State certified recycler; DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 120 Received (4.3 330-50) Preliminary Financial Reports for the Months of January 2007 and February 2007; Accepted (4.4 600-35) improvements under Contract No. 05-07, Undergrounding of Utilities at the intersection of Dublin Boulevard/Dougherty Road, and authorized release of the retention after 35 days if there were no subcontractor claims. Adopted (4.5 600-30) RESOLUTION NO. 36 - 07 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUN AND BUREAU VERITAS NORTH AMERICA, INC. AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT Adopted (4.6 600-30) RESOLUTION NO. 37 - 07 APPROVING AMENDMENTS TO AGREEMENTS WITH DAVID L. BABBY, DAVID BABCOCK AND ASSOCIATES, CANON DESIGN GROUP, A.S. DlITCHOVER AND ASSOCIATES, JEFFREY F. GAMBONI,JERRY HAAG, LSA, PAUL NIEMUTH AND ASSOCIATES, PLACEMAKERS, PLAN B MUNICIPAL CONSULTING, STEVENSON, PORTO AND PIERCE, INC. AND WRA RELATED TO PRIVATE DEVELOPMENT PROJECTS and authorized the City Manager to execute the amendments and the revised agreement on behalf of the City. Approved (4.7 300-40) the Warrant Register in the amount of $1,024,903.22. .. WRITTEN COMMUNICATIONS - None .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 121 PUBUC HEARINGS Public Hearing Approval of Engineer's Report And Ordinance Creating Dublin Ranch East Side Storm Drain Benefit District 7: 19 p.m. 6.1 (360-40) Mayor Lockhart opened the public hearing. Consultant Paul Kruger presented the Staff Report and advised that the City Council would consider adopting an Ordinance approving the creation of the Dublin Ranch East Side Storm Drain Benefit DistriCt (which included the property within the City's territorial limits to the east of Dublin Ranch and Fallon Road) to levy and collect charges, as a condition of development, to reimburse developers who constructed and installed drainage facilities that benefited properties other than their own. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance to create the Dublin Ranch East Side Storm Drain Benefit District. . UNFINISHED BUSINESS Proposal to Display Alameda County Fair Banners on City-Owned Light Poles in Dublin 7:24 p.m. 7.1 (450-20) Economic Development Director Chris Foss presented the Staff Report and advised that in September 2006, the City Council agreed to co-sponsor the Alameda County Fair and include the Alameda County Fair Banners in the City's Banner Program. Staff was directed to bring back the banner design for approval and to work with the Fair to place banners at locations throughout the City. This item identified the Fair's 12 requested locations and provided the design for the Fair's banners. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 122 Mayor Lockhart thanked Staff for working with Alameda County Fair Board and getting the banners displayed in the City. It would help the residents understand the connection the City had with the County Fair. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti and by unanimous vote, the City Council approved the Alameda County Fair's request to display promotional banners on 12 selected light poles in Dublin from May 23,2007 to July 7, 2007, at the proposed locations; and approved the banner design and a link to the Alameda County Fair be placed on the City of Dublin website. .. Award of Contract for Area F Neighborhood Square - Contract No. 07-03 7:27 p.m. 7.2 (600-35) Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that at its meeting of February 7, 2007, the City Council authorized Staff to advertise for bids for the Area F Neighborhood Square. Having received two bids over the project budget, the City had three options for the project: 1) Reject all bids, revise plans and re-bid; 2) Award project with or without alternates and authorize Staff to appropriate additional funds to the project; or 3) Award project and authorize Staff to work with Contractor to determine options for value engineering in which improvements may be eliminated or design details modified so that the improvement was retained yet modified to achieve some cost reduction. Cm. Sbranti asked Staff if they knew the reason for the large difference in submitted bid amounts. Parks and Facilities Development Coordinator Alex stated she was not aware of any specific reason. Cm. Oravetz asked if the increased cost would be taken from the City's General Fund. City Manager Ambrose stated that the increased cost would be covered by the Public Facility Impact Fee Reserves. The Public Facility Impact Fee was not keeping up with the increase in current construction costs, therefore the Fee was currently being updated. Mayor Lockhart asked if the trellis that was left out of the bid could be added next year once the Public Facility Impact Fees had been adjusted and there were additional funds. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 123 City Manager Ambrose stated if the City waited until next year to add the trellis, costs might increase with it being a stand alone project. The City might consider combining future park projects to reduce total overall costs. Cm. Sbranti stated that because costs were over budget, it might be necessary to review capital project costs. Vm. Hildenbrand stated she would not want to see the standard for City parks lowered. The Council agreed that if the City were to wait until next year to build the trellis, the increased costs might be more than if they were to include it now in the bid. On motion of Cm. Oravetz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 38 - 07 AWARDING CONTRACT NO. 07-03 AREA F - NEIGHBORHOOD SQUARE TO JENSEN CORPORATION with Alternate # 1. .. Exclusive Negotiating Rights Agreement (ENRA) with City of Dublin, Housing Authority of the City of Dublin, Housing Authority of the County of Alameda, Eden Housing, Inc., and Citation Homes Central for the Arroyo Vistas Redevelopment Proiect 7:37 p.m. 7.3 (600-40) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the City Council would consider the approval of an ENRA for the Arroyo Vista Redevelopment Project. The purpose of the ERNA was to provide the project developers with assurances that they would be negotiated with exclusively and to assure the Housing Authority and the City that the developers would pay for the predevelopment processing costs. The ERNA also outlined the terms for the future transfer of the property. Mayor Lockhart asked if Staff had any estimate of transactional costs. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 124 Assistant City Manager Pattillo stated that this was such a complex structure that an exact cost was not known. City Manager Ambrose clarified that transactional costs were not costs associated with processing the development to land use entitlements. These were the transaction costs associated with dealing with HUD and the requirements of HUD and the City was not waiving fees. These projects were not often seen so Staff could not point to any specific examples of expected costs. Cm. Sbranti inquired as to the timing and terms of the low interest, deferred loan. Assistant City Manager Pattillo stated that those details were yet to be worked out and would be returned to Council. Cm. Sbranti asked Staff what would happen to any remainder of the $1 million allocated for relocation if there were funds left, would it go back to the developer, Citation. Assistant City Manager Pattillo stated that there were associated costs with moving tenants that had not yet been determined, therefore they were being cautious with figures and what would ultimately be total costs. Staff had been very thoughtful about the relocation of tenants as directed by Council, to try to make it as smooth and seamless as possible. That was a key reason in hiring the Relocation specialist. There would still be more policy questions to be considered by the City Council. Cm. Sbranti asked Staff if there were any provisions in place if the relocation costs were over $1 million. Assistant City Manager Pattillo stated that those details were still being worked out. City Manager Ambrose stated that there were still many issues and details to work out for the agreement. Mayor Lockhart commented that Staff was giving the Council amounts that were on the outside edge, or low end of the scale, of estimates so they could have some picture of what the project entailed, dollar wise. The Council and Staff discussed the relocation consultants and planned meetings with the tenants. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 125 Linda Mandolini, Executive Director of Eden Housing, thanked the Council and Staff for efforts in negotiations. The Housing Authority was going to select Overland Pacific and Cutler as the relocation specialists for this project. Eden Housing had worked with them on previous projects, including one in which they relocated 150 seniors, and had done a wonderful job. There would be two meetings with the residents and surrounding residents on April 24 to discuss the development of Arroyo Vista. Mayor Lockhart stated that outreach to the surrounding neighbors was very important since they would be curious about the project, as well as the fact that there would be an increase in units. Assistant City Manager Pattillo stated that during the RFQ process, Eden Housing, as well as Citation, noted the importance of viewing this as a community project and involving the surrounding neighbors. Eden had been involved in tough projects where at the end; everyone in the community was celebrating the project. On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the City Council 1) Authorized the Mayor to sign the ENRA on behalf of the City of Dublin; 2) Directed Staff to include a reserve in the Inclusionary Zoning In Lieu Fee Fund for a future loan of $1,500,000 as a low interest loan to Eden Housing for the affordable rental units; and 3) Directed Staff to include an appropriation from the Inclusionary Zoning In Lieu Fee Fund in the amount of $250,000 for Transactional Cost in the Fiscal Year 2007-2008 Budget. .. NEW BUSINESS Review of General Plan and Specific Plan Residential Land Use Designations for Properties Generally East of Dougherty Road and Including the East Dublin Specific Plan Area 7:53 p.m. 8.1 (410-20) Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would consider providing Staff with direction regarding current residential land use policies and future residential development for the properties generally located to the east of Dougherty Road and included in the Eastern Dublin Specific Plan Area. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 126 Council and Staff discussed the number of residents, 60,000 to 70,000, estimated in the City's original environmental plan and whether changing the number of residents now would affect financial prognostications for the City. With unexpected decreases and increases in number of units of developments, the numbers had stayed pretty much on target. The City was very close to mid-point resident numbers, taking into account developable land and environmental constraints, and tracking pretty close to medium density . Mr. Milton Righettti, Dublin land owner/developer, commented on working with the City and the need for cooperation of neighboring land owners. Aside from City regulations, he had difficulty in coming to any agreement with the neighboring property owner with respect to access to the property in a place where the City would like the access located. He was unable to get secondary access to his property. He urged the Council to stick with the present PD- 2 process. Mayor Lockhart commented that the Council needed to consider the infrastructure needs of the City in relation to funding provided by development, and with less development, the City would need to come up with more money for infrastructure. She understood how this issue had come out of a previous Council workshop in talking about density levels, but she did not believe there was a tremendous amount of support at the time of the workshop for this issue. She did not want to change the rules if people had been working on plans with the City and had spent money already. The City had a commitment to follow-through with them based on what the rules were now and what they had already brought to the City. Vm. Hildenbrand stated she had brought the density issue forward at the Council workshop because, on a consistent basis, she had heard from residents that there was only a limited amount of housing stock that allowed them to grow. They had a choice to purchase a condominium or townhome or they could move some place else, and they chose to move elsewhere. The City was missing a balance of housing. The commitment to the residents was to have less density housing as you moved away from the freeways, but the development community consistently brought dense housing before the Council. Mayor Lockhart asked how many Dublin residents, that could afford a townhome, would be able to afford single-family housing. Vm. Hildenbrand stated that there were a variety of single-family homes, such as cluster or row homes that compared and were just as interesting to people that were in the same price range as condominiums. The City was not providing an opportunity for people to grow. When this issue was brought up at the Council workshop, there was a consensus DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 127 to look at the issue of density. The Council had a commitment to its residents to balance the housing. The developers came before the Council with condominiums and townhomes and would say that was all they could provide in the project in order to make ends meet. The City did not have the next-step homes for residents looking to move. Cm. Sbranti commented that the City had provided a good balance of housing. What was coming on-line was single-family or medium density housing. But what has been built now was near the freeway because there were not as many environmental constraints. A lot of what was zoned for higher density had been built, but now, the projects further out were going to be built and help balance it out. He was willing to look at the concept of medium low density. He did not want to change the entire City development standards. Because the City had a Medium-High density category, he was willing to look at where it might be appropriate to create a Medium-Low density category, just for the level of consistency. There were not that many properties left in Dublin that would be affected by any changes made by Council. Vm. Hildenbrand reiterated that even with Medium density, the Council would still see condominiums and townhomes where they were expecting to see single-family dwelling units. A Planning Commissioner had relayed to her that the Commission felt the train was out of the station so they felt that was the way the Council wanted to move forward. She stated that may have been how the Council wanted to move forward in 1993, but not now. Cm. Scholz asked if what Vm. Hildenbrand was supporting was not in conflict with what the Mayor had suggested could happen with infrastructure not getting built. Vm. Hildenbrand stated that if the Council went with Option B as outlined in the Staff Report, it would not be modifying the infrastructure so severely that Dublin Boulevard could not be built out as far as it needed to go. They could build cluster or row homes, or alley loaded homes. Cm. Oravetz stated he did not see the plan as being broken so he did not want to change it. Every Councilmember had a vote, and if Vm. Hildenbrand did not like a project that came before Council, she could vote no and say she did not like it. If three Councilmembers voted no, the developer would have to revise that project. She did have a vote. The City had a long term financial plan, and if it was changed now, how would it affect that financial plan. If he had a choice, he would like to see single-story homes built in Dublin, but condominiums were what sold these days. If that was what sold in east Dublin, then that was what should be built. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 128 Vm. Hildenbrand commented why should the City let a developer make a huge financial investment, then come before the Council and not have plans approved and have to have them revised. Why not make those changes before that developer made that huge investment. Two years ago the Planning Commission came before the Council at a workshop and asked why not take this opportunity to maybe change the setback and make some yards and at that time, she was the only one that supported the issue and it was voted down. City Attorney Silver clarified that that if a project came before the Council that needed a General Plan Amendment or a Specific Plan, the Council had total discretion to turn it down. But if the project was for a Stage 2 PD, for example, the Council had to have some reason for turning it down. If it was not within the density ranges or the zoning for the land use densities in the General Plan, then the Council could turn it down. But it was not going to get to the Council not being within the ranges. It might be at the low end or the high end, but when the Council adopted the City's General Plan and Specific Plan, the Council said the developers could come in at the low end or the high end. The point at which the Council had total discretion was at the General Plan and Specific Plan level. When you were below that, the Council could not arbitrarily turn someone down. The Council and Staff discussed what number of properties in Dublin were totally unplanned and which developers had not been working within the structure of the City's General Plan for eastern Dublin. Council was directed to a list in the Staff Report that detailed properties and acreage. There were four properties that were totally unplanned now, Croak, Jordan, Camp Parks and Chen. In looking at the Medium density category acreage of these properties, it totaled approximately 57 acres of land that would be affected if changes were made by the Council. Camp Parks had other restrictions that would also affect its development. Cm. Sbranti stated that it was misleading to say that all the City had done was High density or Medium-High because the City had done a variety, leaning toward, Medium, Medium - High and High only because in order to build, it was being done closer to the freeway. He was willing to look at the Medium-Low density category concept of getting more variety of Medium designations. He would ask Staff where they might recommend some of the Medium-Low designation. The economic models of the future of the City were based on the Eastern Dublin Specific Plan. There had been changes in the plan due to environmental constraints that had sometimes increased density and sometimes lowered densities. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 129 Vm. Hildenbrand stated that she was not saYing the City was only building Medium- High. But what the Council was consistently seeing in Medium density designations was a majority of condominiums and townhomes. Focusing in on Medium where the City had an opportunity to provide small yards for activity, was not being offered as often as the City was offering condominiums and townhomes in Medium density housing. She was not saYing change the land designations, but look at the possibility of getting more, small homes with yards so residents could move out of their apartments, townhomes or condominiums, and have a home of their own with a yard. Cm. Sbranti commented that a Medium-Low density category would achieve, at least conceptually, what Vm. Hildenbrand was suggesting. Mayor Lockhart stated that there were single-family homes in the City of Dublin that had big back yards. Vm. Hildenbrand stated that those older homes might need remodeling and with the money you had spent on purchasing the home, and then the money you would use to remodel, you could afford to buy a new single-family home outside of Dublin. The Council discussed the high number of condominiums on the market not only in Dublin, but in the State of California, due to the economy. Cm. Sbranti reiterated that looking at a density category of Medium-Low would achieve some of the detached housing options being suggested. By having a Medium, Medium- High and Medium-Low density it would achieve that. But there were not many properties that this would affect. Mayor Lockhart suggested looking at the few properties that were left in Dublin that were not in a planning process and ask if it made sense on that particular project, to zone it that way, when they first came in to speak to the City. Vm. Hildenbrand asked if the Council should give Staff direction to encourage more homes that were detached, single or cluster. Right now Staff was letting those developers come through and if it met the range, they were seeing more townhomes and apartments. Cm. Scholz asked if any of the options outlined in the Staff Report reflected what Vm. Hildenbrand was advocating. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 130 City Attorney Silver stated that in the City's General Plan, there was a description of the different types of residential densities, Single-Family, Medium, Medium-High, etc. The discussion had in part focused on creating a Medium-Low density category, taking a Medium density, which was 6.1 - 14 du/acre, and splitting it up into two different categories. In the City's General Plan, the language said that the current range allowed detached, zero-lot line, duplex, townhomes and garden apartment developments suitable for family living and the Specific Plan contained similar language. So if the Council directed Staff to consider a new land use designation of Medium-Low, the Council could specify then the types of units allowable in that land use category and could achieve the same goal that Vm. Hildenbrand was suggesting. It could indicate that the homes had to be detached, for example. The Council had a lot of flexibility. The Council would have to amend the City's General Plan to create the new land use category and it now described what type of units were allowable, so you could do the same thing in the Medium-Low density category if the Council created it. Mayor Lockhart asked Staff how extensive a process it would be to amend the City's General Plan to add a category and a description of a category. City Attorney Silver replied that if the City amended the General Plan it would also have to amend the Eastern Dublin Specific Plan because the Specific Plan had to be consistent with the General Plan. It would require compliance with CEQA. Jeff Baker stated that both the General Plan and Specific Plan would have to be amended and would have to take a look at the Environmental Review. City Attorney Silver stated that the EIR for Eastern Dublin assumed the mid-point for its analysis and if the Council took the Medium density category and split it into two categories; you would basically be at the midpoint. Right now, half of the development could come in at the lower range and half at the higher half. So if you split the category in two, that is what would also happen. Cm. Sbranti stated that the City had a Medium-High density category, there was a Medium density category, but there was not a Medium-Low, so that would achieve getting more of the housing types and it would not change things too dramatically, and it would be worth looking at. City Manager Ambrose stated that the environmental review that the City had today was based on Medium anyway, so there would not be any more traffic impacts because there was Medium density, the Council would just be splitting the Medium density in two. It DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 131 would still fall within the range of the number of units that had been originally evaluated as part of the environmental document. Mayor Lockhart reiterated her concern for not changing the rules on people that were already in the process of developing, at some stage. If there were properties that could be affected by a Medium-Low density category that the City could look at, if and when they ever did decide to plan, then she was fine with taking a look at it then. Cm. Oravetz made a motion to accept Option D, continue to implement the existing General Plan and Specific Plan. Without a second, the motion was not considered. Cm. Sbranti made a motion to accept Option A, Prepare General Plan/Specific Plan Amendments to include two new land use designations including Medium-Low 96.1-10 du/acre) and Medium (10.1-14 du/acre). City Manager Ambrose asked for clarification from the Council as to what properties would be affected by this item. The Council and Staff discussed at what point of interaction with the City, and what properties, would be affected by this item. Narrowing down the properties would make it easier for developers to know what was expected before they come before the Council so the Council would not have to vote them down. Cm. Oravetz stated that he could vote no on any issue. City Attorney Silver stated that Cm. Oravetz could vote no, and if there was a majority of the Council that denied an application that was consistent with the General Plan and the Specific Plan, the City Attorney would urge the Council to include findings as to why the Council was denYing it. For example, it might be consistent with the density ranges in the General Plan and Specific Plan, but if there was some other General Plan policy with which it was not consistent, that would provide a basis for denYing it. The Council concurred that Staff would go back and look at a category of Medium-Low for the Croak, Jordan and Chen properties, where there was currently a Medium designation. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 132 On motion of Cm. Sbranti, seconded by Vm. Hildenbrand and by majority vote (Cm. Oravetz opposed), the City Council directed Staff to prepare General Plan/ Specific Plan Amendments to include two new land use designations including Medium-Low (6.1-10 du/acre) and Medium (10.1-14 du/acres) in relation to three properties, Croak, Jordan and Chen. .. Request to Initiate a General Plan Amendment and Eastern Dublin Specific Plan Amendment Study to Modify the Existing Land Designations at 6960 Tassaiara Road, Commonly Referred to as the Fredrich Property 9:08 p.m. 8.2 (410-55/420-30) Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider a General Plan Amendment and Specific Plan Amendment Study request. Cm. Sbranti asked Staff if there was any other property with a neighborhood commercial designation once it was taken away from this property. Community Development Director Jeri Ram stated that there was some Agricultural zoned land along Tassajara Road that might come in for a change at some point and time, south of Silvera Ranch. It included a signalized intersection. The Council discussed the convenience of having a small store in that area because it would be a good opportunity. On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 39 - 07 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT AND EASTERN DUBUN SPECIFIC PLAN AMENDMENT STUDY TO MODIFY THE EXISTING LAND USE DESIGNATIONS TO REDUCE THE DWELLING UNIT DENSITY AND REMOVE THE NEIGHBORHOOD COMMERCIAL DESIGNATION FOR THE PROPERTY LOCATED AT 6960 TASSAJARA ROAD (APN 986-0004-002-03) PA 07-004 . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 133 Consultant Services Agreement With Jerry Haag, Urban Planner, for a Joint Environmental Impact Statement/Environmental Impact Report for the Arroyo Vista Project 9:19 p.m. 8.3 (600-30) Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider authorizing Staff to hire outside consultants to assist Staff with the preparation of an environmental document for the Arroyo Vista project. Mayor Lockhart asked at what point would Staff know what type of document would be needed. Senior Planner Fraser stated that as with any environmental review, Staff had to start with an initial study and identify what could potentially be the environmental impacts of that project. Once that was completed, then Staff could identify what type of environmental review was needed. There might be studies such as a cultural analysis study or a traffic analysis. Staff was anticipating that an EIR would be required. Staff was not sure of the EIS. Mr. Haag did have experience with the EIS document. On motion of Cm. Oravetz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 40 - 07 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND JERRY HAAG, URBAN PLANNER, AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT and authorized the City Manager to execute the agreement. .. Report on 2007 Dublin Pride Week Activities 9:23 p.m. 8.4 (150-80) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would receive a report on the planned activities for the 2007 Dublin Pride Week, scheduled for April 28 - May 5, 2007. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 134 Vm. Hildenbrand asked if there would be a Bay Friendly Landscaping workshop at Armstrong Garden Center. Administrative Analyst Bradley confirmed that there would be such a workshop on Saturday, April 28, at 1 :00 p.m. The commercials for Dublin Pride Week would be aired within the next week or two. The Fairie ring would be a two-year project that would have its kick off this year. The City Council received the report and thanked Staff. .. Resolution of Intent to Adjust the Amount of the Existing Public Facilities Fee that is Imposed Pursuant to Chapter 7.78 of the Dublin Municipal Code 9:32 p.m. 8.5 (390-20) City Attorney Elizabeth Silver presented the Staff Report and advised that the proposed resolution notified developers and other interested persons of the amount, nature and basis for the anticipated update to the City's existing Public Facilities Fee, which was established by Chapter 7.78 of the Dublin Municipal Code. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti and by unanimous vote, the City Council adopted RESOLUTION NO. 41 - 07 EXPRESSING THE CITY'S INTENT TO ADJUST THE AMOUNT OF THE EXISTING PUBLIC FACILmES FEE THAT IS IMPOSED PURSUANT TO CHAPTER 7.78 OF THE DUBLIN MUNICIPAL CODE .. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:38 p.m. City Manager Ambrose asked if all Councilmembers had received a flyer on the Transportation Summit that would be held in the Council Chambers, on April 11, 2007, from 10:00 a.m. to noon. It was presented by the area's Congressional Representatives, Ellen Tauscher and Jerry McNerney. They would be discussing transportation issues DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 135 related to Alameda, Contra Costa, Santa Clara, Solano and San Joaquin Counties. The Chair of the House Subcommittee on Highways and Transit, the Director of the State Department of Transportation, MTC Executive Director, and the San Joaquin Executive Director of Council of Governments would all be present. There would also be an ABAG General Assembly on April 19. The topic was "Focusing Our Vision." City Manager Ambrose would check to verify who was the voting delegate of the Council. Cm. Scholz stated she had met with June Garrett, the representative from BART, and had discussed BART business. She also met with Charles and Linda regarding Arroyo Vista and discussed plans for the future. Cm. Oravetz attended a LA VTA meeting and had been given an update on BART. Vm. Hildenbrand stated she and the Mayor had attended the Tri-Valley Triangle Study and the outcome had been that they were going to move forward with Option 1, instead of Option lA which would have included the full improvements of Highway 84. Dublin, Livermore and Alameda County had selected Option 1 because in order to be regional players in a regional study, all roads, highways and freeways needed to be considered and Pleasanton needed to consider the Stoneridge extension as a part of a regional traffic solution to the area. There were six expensive items that needed to be paid for and improved prior to getting to the Option of Highway 84 that Pleasanton supported. Vm. Hildenbrand wanted to let parents know that the helicopter that had hovered over the area of Dougherty Elementary had been a news helicopter working on a story, and nothing had happened at the school. She also stated she would be attending a League Dinner coming up. Cm. Sbranti stated he had nothing new to report since the last Council meeting. Mayor Lockhart stated that the Triangle Study was concluded. The recommendation from those meetings would move forward at the new CMA meeting and a vote would be taken by all 18 agencies, including all the Cities, BART, and AC Transit. They would be voting on the expenditure plan on the Prop. IB monies for 580 and 680 and they would also be voting on the Triangle Study's recommendation, Option 1. Highway 84 had a $190 million cost, not taking into account any environmental issues that might have arIsen. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 136 Cm. Sbranti thanked Mayor Lockhart and Vm. Hildenbrand for their participation and attendance at the Triangle Study. .. ADJOURNMENT ~ 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:47p.m. Minutes prepared by Deputy City Clerk Caroline P. Soto. ATTEST: DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 3, 2007 PAGE 137