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HomeMy WebLinkAbout4.01(a) Draft CC 05-20-2003 MinCLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. Anticipated Litigation - Government Code Section 54956.9(b)(1) Facts and Circumstances: Government Code Section 54956.9 (b)(3)(B) East Dublin Properties Stage 1 Development Plan, Annexation and Draft Supplemental Environmental Impact Report. A regular meeting of the Dublin City Council was held on Tuesday, May 20, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no action taken during the Closed Session. ACCEPTANCE OF GIFS TO CITY FROM ST. PATRICK'S DAY SPONSORS 7:05 p.m. 3.1 (150-70) Parks & Community Services Manager Paul McCreary presented the Staff Report and advised that the 2003 St. Patrick's Day Celebration was held on Saturday and Sunday, March 15-17, in downtown Dublin. Inclement weather early on Sunday only marginally deterred attendance at the Festival, which exceeded 40,000 people. The City received $2 5,000 in sponsorships for the weekend. In addition, the City received overwhelmLng support in the form of in-kind donations of goods and services. Mr. McCreary named each of the sponsors that contributed toward the festival, and stated the sponsors would be recognized with a commemorative gift and certificate of appreciation. Mayor Lockhart thanked the participants for contributing to the St. Patrick's Day Festival and presented the gifts and certificates to those present. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council accepted the gifts and formally recognized the donors for their contributions. PROCLAMATION 7:10 p.m. 3.2 (610-50) Mayor Lockhart read a proclamation declaring May 2003 as ~Foster Care Month" in the City of Dublin, which was presented to Rosemary Young of Agape Villages Foster Family Agency, and urged the citizens of Dublin to volunteer their talents and energies on behalf of children in foster care, foster parents and the child welfare professional staff working with them during this month and throughout the year. INTRODUCTION OF NEW EMPLOYEE 7:12 p.m. $.$ (700-I0) Police Chief Gary Thuman introduced Cynthia Dickinson, Office Assistant II for Police Services. 7:13p.m. 3.4 Shawn Costello, Dublin resident, expressed appreciation that the crosswalks along Dublin Boulevard have become automatic. However, crossing the street on Dublin Boulevard near the Civic Center is hard to do while construction is underway. He cannot reach the button on the traffic signals to allow him to cross the street. He asked Staff to try to figure out an easier way for pedestrian access. Mayor Lockhart asked the Public Works Staff to look into Mr. Costello's request. CONSENT CALENDAR 7:15 p.m. Items 4.1 through 4.7 Vm. McCormick pulled Item 4.5. On motion of Cm. Sbranti, seconded by Cm. Zika and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of May 6, 2003, and the Special (Field Trip) Meeting of May 12, 2003; Accepted (4.2 600-30) improvements to the Civic Center Council Chamber Lighting Supplement Project and authorized final payment to the Contractor; Received (4.3 330-50) Financial Reports for the Month of April 2003; Adopted (4.4 600~60) RESOLUTION NO. g5 -- 03 ACCEFFANCE OF BULK GRADING FOR PHASE 1 (TIL&CT 7i AND ROUGH GF~.DING AND EROSION CONTROL IMPROVEMENTS FOR NEIGHBORHOODS A-¢ AND A-7 (TRACTS 7t4t AND 7142) (DUBLIN Fe%NCH~ AREA A) C1TY C©UNC~L M~NUTES M~.I 20, 2003 PAG~ 28t Approved (4.6 600~30) Consultant Services Agreement with Berlogar Engineering for Ge©technical Testing at the Dublin Senior Center for services based on time and material not to exceed $17,000; Approved (4.7 300-40) the Warrant Register in the amount of $2,576,163.42 Vm. McCormick pulled Item 4. ~ A ward of Bid~ Ligh ting for Free way Underpass A~work Projecl, Conlract 05-04 (G00-$5) and asked if the mural artists were consulted on the lighting project. Public Works Director Lee Thompson advised that the artists were involved in some of the meetings, and the lighting project should work out very welZ The lights will be on during the day and evening, and will be brighter during the day for heifer con~rast. Mayor Lockhart asked if the lighting would help the overall underpass lighting, not just the artwork? Mr. Thompson indicaIed yes, it should lighten the underpass quite a bit. On motion of Vm. McCormick, second by Cm..Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 88 - 03 AVCARDING CONTRACT 03-04 FREE'WAY UNDERPASS ARTWORK LIGHTING TO COLUMBIA ELECTRIC, iNC. and authorized the Mayor to execute the agreement. PUBLIC HEARING APPROVING IMPLEMENTATI(~N OF THE PROPOSED TRI-VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE ADJUSTMENT, ADDENDUM I TO THE TRI-VALLEY TRANSPORTATION COUNCIL (TVTC) JOINT EXERCISE OF POWERS AGREEMENT~ AND AMENDMENT TO RESOLUTION ESTABLISHING A TVTD FEE FOR FUTURE DEVELOPMENTS WITHIN DUBLIN 7:18 p.m. 6.1 (600~40/1060-90) Mayor Lockhart opened the public hearing. Sr. Civil Engineer Ray Kuzbari presented the Staff Report and advised that, at its April 15, 2003 meeting, the City Council approved, in principle, a recommendation by the TVTC C~T¥ C©UNC'~L M'~NUTE8 V©LLTv'~E 22 REGULAR MEETING May 20? 2803 PAGE 282 to adjust the T,,qT) Fee according to the proposed fee schedule. The new rates would more fairly distribute the fee burden among land uses based on new traffic generation and would increase the fee, which has not kept up with the increase in construction costs. All seven TVTC member agencies approved, in principle, this fee adjustment recommendation prior to the TVTC meeting on April 23, 2003. At its April 2$rd meeting, the TVTC voted unanimously to approve the TVTD Fee adjustment proposal, including the appropriation of $100,000 to prepare an updated fee nexus study, and directed agency representatives to forward the proposal to their respective governing Boards to hold public hearings to modify the fee and approve the proposed Addendum I to the TVTC Joint Exercise of Powers Agreement (JEPA), and amending Resolution No. 89-98 establishing a TVTD Fee for future developments within the City of Dublin. Mayor Lockhart asked what is the difference if this was done in one year vs. two years? Mr. Kuzbari advised that, in terms of time frame for fee nexus study, the study should have been done a few years ago because the current study is from 1996. The TVTC feels that the sooner the fee nexus study update is done, the better because the current fee schedule needs a major update. The TVTC needs to go back and look at what the regional improvement projects should be considered at this time in comparison to the current list, and also need to go back and look at projections for future trips based on the current updates for the General Plans in the Tri~Valley. The TVTC hasn't done an update because it's waiting on Livermore to complete its General Plan update. Livermore's update, which is near completion, will affect land use decisions for North Livermore. Mayor Lockhart clarified that the one to two year estimation of completing the TVTC update is a result of waiting for Livermore? Mr. Kuzbari agreed. Mayor Lockhart asked if the issue of the priority list that exists now, and adding or subtracting from it, happen at the same time as the nexus study? Mr. Kuzbari indicated yes, it was his understanding that, when the nexus study completed, the TVTC will have to go back and update the Strategic Expenditure Plan (SED, which contains the list of improvement projects. If this list update is one of the recommendations from the fee nexus study, then the TVTC would have to consider updating the list. Therefore, also consider updating the SEP. 22 Ma!.' 2e, 2003 PAGE 283 Mayor Lockhart asked if, until the nexus study is complete and that issue is open, the projects stay in the same current priority. Mr. Kuzbari indicated yes. Cm Sbranti questioned if the TVTC would have to wait on the fee nexus study if other cities had to complete General Plan updates? He recommended a uniform timeframe policy for the fee nexus study updates, or the process could be drawn out for years. Mr. Kuzbari advised that the TVTC would not want to wait for another General Plan Update to take place. Normally the fee nexus study is revisited approximately every three years, but it depends on whether there are any major updates to any of the general plans within those three years. Cm. Zika asked if the fee itself has an escalator for cost of living or Consumer Price Index? Mr. Kuzbari advised that it escalates automatically based on the Construction Cost Index for the Bay Area. Cm. Zika stated that many of the projects and priorities are dependant on MTC money and ACCMA allocated STIP funds. This was originally intended as seed money to encourage State and Federal funds. No public testimony was entered relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Vm. McCormick and by unanimous vote, the Council adopted FG;SOLUTtON NO~ $7 - 03 RESOLUTION APPROVING IMPLEMENTATION OF THE PROPOSED Tt~~VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE ADJUSTMENT? AUTHORIZING THE MAYOR TO EXECU~ ADDENDUM TO THE TRI-VALLEY TRANSPORTATION COUNCIL (TYTC) JOINT EXERCISE OF POWERS AGREEMEN% AND ~MM.ENDtNG RESOLUTION 89-98 ESTABLISHING A TVTD FEE FOR FU~dRE DEVELOPMENTS P¥ITHtN THE CITY OF DUBLIN C~'TY C©UNC~L M~NUTES VOLUME 22 REGULAR MEETING PAGE 284, And authorized the Mayor to execute Addendum I to the TVTC Joint Exercise of Powers Agreements and amending Resolution 89~98 establishing a TVTD Fee for future Developments within the City of Dublin. PUBLIC HEARING VALLEY CHRISTIAN CENTER EXPANSION & MASTER PLAN - PLANNED DEVELOPMENT REZONING STAGE 1 & 2 DEVELOPMENT PLAN AND ENVIRONMENTAL IMPACT REPORT, PA 00-017 7:29 p.m. t3.2 (1300-130) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report and advised that the Valley Christian Center was requesting approval of a Master Plan development program consisting of a Planned Development Rezoning and Development Plan (Stage 1 and 2) for the expansion of several buildings; a General Plan Amendment for 1.4 acres for future development of multi-family housing (to be heard as a separate agenda item); and an Environmental Impact Report. The requested entitlements would allow the expansion of the existing 118,300 square foot religious facility and school on the site by 187,000 square feet. The site lies north of the I~ 580 freeway and Dublin Boulevard and west of the terminus of Betlen Drive at 7500 Inspiration Drive, and contains approximately 50 acres of land. The proposed GPA and PD rezoning request is consistent with the Dublin General Plan and Dublin Zoning Ordinance, and the project will accommodate the future growth of the church and the related school campus, and provide necessary semi- public facilities for use by the community and residents of Dublin. The proposed General Plan Amendment will be considered under a separate agenda item, in order to consolidate it with the Eden Housing GPA application and minimize the number of general plan amendments for this calendar year. Ms. Harbin discussed the traffic mitigation and monitoring program as well as neighbor concerns, advising that VVC would be required to enter into an agreement with the City, which would state that an independent traffic consultant would monitor peak hour turning movement at the driveways on a typical school day and a typical Sunday prior to the approval of a building permit. Monitoring would also be performed six months following the issuance of a certificate of occupancy for each building to check for increased illegal turn movements. The Applicant would reimburse the City for the cost C~T~d C©~NC~L MP{UTE8 ¥(}LUME 22 REG[iLAR MEETING 'M,~F 2e~ zees of the monitoring and deposit monies to pay for any potential mitigation measures that might need to be constructed or put into effect because of increased traffic and increased illegal left-hand turns. The deposit should be a sufficient amount for the monitoring and any mitigation measures and improvement costs, and submitted prior to issuance of building permits. Mayor Lockhart asked how the amount of the deposit would be determined if the traffic mitigation measures were not known at this time? Ms. Harbin advised that the Public Works Director would look at the size of the building and the square feet added and determine a rough estimate of the possibility of physical mitigation measures being implemented. Cm. Oravetz advised that a fix for the problem needs to be discussed now, not when there is a problem. Ms. Harbin stated that a large enough deposit would be requested to cover any mitigation measure. Cm. Zika asked if the City gives VCC entitlement for three-story building now, can it be knocked down to two~stories, if necessary, during Site Development Review? Ms. Harbin advised that we could restrict the number of stories in the SDR. The actual Ordinance has a chart that shows the maximum heights that might be allowed, and it also notes that it would be based on a visual simulation analysis. It is possible that during SDR Staff may say that the visual simulation shows a building that is too high and create an adverse impact on the visual landscape. Cm. Zika expressed concern if these were hard and fast entitlements. Ms. Harbin advised that the entitlements are subject to change. The residential development area would still go through the Stage 2 and SDR process at Planning Commission and Council. Many more site specific studies will need to be done before then. Mayor Lockhart asked if the requested entitlements show the maximum limits. Ms. Harbin advised that the numbers showed the maximum, so it could go down depending on the visual impacts. C~T¥ COUNCIL M'~NUTES Y()LL}MFi 22 REGULAR MEE'T[NG P~i~N 20~ 2003 PAGS 286 Cm. Sbranti asked if any of the heights could go beyond the listed maximum? City Manager Richard Ambrose advised that some could, but only those noted. Accessory structures such as spires and steeples could go higher, as well. Vm. McCormick asked what firm conducted the traffic survey conducted on January 12, 2003? Ms. Harbin advised that Fehrs and Peers conducted the survey. Vm. McCormick asked if the public portion of the buildings would be open to other Dublin residents or just for parishioners? Ms. Harbin noted that they would be open for mostly parishioners unless special arrangements were made. The chapel, for example, might be rented out for weddings. Cm. Zika asked if the mitigation measures for traffic would be based on the fact that Schaefer Ranch, whose permit expires in 2006, will be built? What happens if Schaefer Ranch is not built or doesn't build until 2006? Who would pay for the traffic mitigation? Ms. Harbin advised that VCC would still have to contribute their fair share of the widening of Dublin Boulevard. If Schaefer Ranch is reduced in size, it could require a traffic study update at that point to determine if the widening is still necessary. Cm. Zika asked if their contribution would change at that time. Ms. Harbin agreed that it could. Mayor Lockhart advised that, after VCC's presentation, public comments would be limited to $ minutes. She asked that al1 speakers be respectful and polite; everyone will be allowed to speak. Ray Noah, Senior Pastor at VCC, gave a PowerPoint presentation on the proposed project and reminded the Council that the Master Plan had been prepared at the City's request. He indicated that many people in the audience were here to show their support for the project. The presentation reviewed the history of VCC, and emphasized the vital role VCC has played in the community through their ministry and schools. Several social programs in Dublin and the community have had their start through VCC, such as the pregnancy center and Shepard's Gate. VCC wants to be good neighbors and are being C~T¥ C©UNC~L M~N~2'TES V©LVME 22 REGV'LAR PAGE 287 sensitive to neighborhood concerns and needs. Before the Council tonight is the completion of a dream that began 40 years ago and the culmination of distilling that dream into a master plan. He thanked the Council for its consideration. Jerry Loving, Loving and Campos Architects, continued the VCC PowerPoint presentation outlining specifics of the Master Plan and proposed architectural design. The plan before the Council tonight has come at the cost of several thousands of dollars and thorough consideration. He assured Council that the proposed reader board would not be visible off site. He discussed the hypothetical layout of the proposed residential units, indicating that they were proposing the same density as their neighbors, California Highlands, and would be for-sale housing. The wetlands area impacts a small portion of the residential area and would be dealt with at Stage 2, along with driveway locations and housing density. Soil stability is a major issue, which will require much more study. He noted that the proposed Alzheimer Care Facility was no longer being considered and no 24/7 uses proposed. Regarding traffic issues, VCC is proposing that the left-turn out/right-turn in restrictions and monitoring were prohibitions imposed upon themselves. Regarding the two new signals on Dublin Boulevard at Silvergate and Inspiration Drive, City's Traffic Engineer's comments are right on and clear at the Planning Commission level. The street widening along Dublin Boulevard is another component, and the fact that they will be charged the TIF fee, which will be VCC's contribution to citywide parking issues will be part of the traffic mitigation plan for this campus. This fall, VCC plans to try student busing, carpooI activities and on-site queuing to avoid back up on the street. Construction traffic would be directed to Dublin Boulevard, not in other directions. Traffic was only an issue during the two 1/2 hour periods when school begins and lets out; Sunday is a non-peak time. Mr. Loving advised that VCC is in agreement with Staff's extensive conditions of approval. The only issue VCC is concerned with is Parcel S, which is cut off from the main site by Inspiration Drive. VCC has represented to its neighbors, and agreed to at the Planning Commission level, that no structures would be built on the "conservation easement." However, they would like to have the opportunity to do overflow parking in that area, if necessary, for major events such as Easter and Christmas. He also suggested landscaping of the flat portion of the area, such as a picnic area to take advantage of the overlook or unlighted tennis courts, etc., which all would be available to the community at large. It is an important piece of property, and VCC would like the opportunity to have do that. They will go back to Planning Commission with those issues. Cm. Sbranti asked how a new three story building could be built without being higher than the existing two-stow structure? ~Mr. Loving agreed, advising that Building #4 is a two-storey building raised up one floor plus, sitting on a higher level. Building #B would start one floor down, so it won't break the skyline of the existing buildings. Cm. Zika referred to Parcel 1 and asked if VCC was under the impression that, if the Council approved what was before them tonight, that's the bottom line--the number of square feet, the number of stories, etc. Mr. Loving agreed and indicated that there is still the SDR process to get through, and they are not hard and fast on every square foot, but a lot of money and thought has been put into the planning. VCC really focused on the buildings on the campus and studied them carefully. Cm. Zika asked if they were aware of the problems VCC ran into with big boulders, etc., when building the gym and the ball field? Mr. Loving was aware of problems and hoped that they xvould not have to come back for changes. Cm. Zika requested confirmation that there was no visual impact from the three-story building from the freeway or downtown? Mr. Loving confirmed that there was no visual impact. The reader board would not be visible from anyplace outside the facility. David Kruss, President of the Hansen Ranch Home Owners' Association, stated that Hansen Ranch HOA has 180 homes in the area that are going to be significantly impacted by the proposed development. The HOA has no problem with expansion of church and school; however, the traffic that is generated as a result of the construction will be a problem. He challenged the Councilmembers to do the trip during school hours. He has frequently counted up to ¢0 cars in the southbound wing waiting to get through the stop sign. This problem will not improve until a traffic signal is installed at Dublin Boulevard and Inspiration Drive. People are constantly making illegal left turns. There are houses directly behind the conservation easement, so any development on that area will be directly impacting the quality of life of those people below the project. This issue needs to be considered at this level, before the Council approves the plans. Cm. Oravetz asked if he was speaking on behalf of the HOA or as an individual? Mr. Trust stated that he was speaking on behalf of the 180 homes in the HOA, which is objecting to the additional traffic that will be generated by the project. Cm. Oravetz clarified that the HOA did not object to the expansion project, only the traffic, and asked if a solution was developed would they be okay with project? Mr. Trust indicated that they were looking for a solution to the traffic problem; the church has been good to them, and they would like continued good relations. However, the HOA will suffer if they continue their development and the traffic flows back through their neighborhood. Brent 'Wood, Dublin resident, objected to the driveway coming out of the residential area. He disagreed with Mr. Loving, indicating only two of the three driveways currently prohibited left turns. Cars going into and out of VCC pile up on his street and back up into the through traffic lane. Bay Laurel is about a ~)% grade, and during wet weather it is very dangerous. If VCC can mitigate the turns, they are good neighbors. He supports the church and the expansion, but the traffic is the problem. Steven Cox, California Highlands Development, has no problem with the expansion except for the traffic issue. His major concern is Dublin Boulevard being a two lane road. Even with a traffic signal, it needs to be widened to four lanes and it cannot wait for Hansen Hill to happen, or not happen, to do that. 2Pne traffic study needs to be readjusted on that. Dennis Ackley, Cranford Lane, advised that he lives near the High School and has a couple of ways om of his neighborhood also. He wouldn't dare go past the High School at 7::30 a.m. or 3:30 p.m. He would think that the people who live in the Bay Laurel area would use Bay Laurel and leave Inspiration Drive for the schools. The church that is tucked away does not present an aesthetics problem. Till Ricci, California Highlands, agreed with the traffic issues brought up. Not only is there a traffic concern, but a concern for safety. California Highlands is at the very end of Dublin Boulevard. If there -were any catastrophe, they would be the last to be evacuated. There is only one way to go in and out of the property. She expressed concern that the construction of 22 residential units would be an intrusion of California Highland residents' quality of life. She asked the Council to deny the approval of the residential units. Eric Raasch, Cedar Crest Terrace, advised that he served on the California Highland HOA before he moved to Dublin Ranch, and is a graduate of VCC. What hasn't been pointed C~TY C©{iNC~ L MINUTES V©LUME 22 REGULAR MEETi~NG PAG!S 290 out is that VCC strives to be an excellent school with excellent students. Approval of the plan is imperative for VCC to continue to be a school that produces excellent students who come back into the community as active participants. There is a lot of traffic, but the mitigation measures input into the plan would do more than their fair share to alleviate the traffic problems. He noted that, during the winter when a water main broke, there was no line of traffic when the construction flag man was at the base of the hill directing traffic through the intersection. It worked as a successful traffic signal simulation. Kevin McGuire, Valencia Street, attends VCC and values the resources and people there. He is aware of the traffic issues and difficulties. VCC has been here for 40 years and located themselves in an area which would allow them to grow. Dubl'm will continue to grow, along with the traffic problems. Each of the concerns have been diligently studied to mitigate the concerns within the guidelines of State and local land use regulations. He supports the expansion. James Jarzak, Inspiration Drive, advised that he was the Vice President of the HOA, but is here as an individual citizen. He is happy to have a neighbor like VCC. He is a professional traffic planner. Traffic is not good in that area and needs to be mitigated. He encouraged the Council to find a way to get the Center to stager start times to reduce peak loads. Mr. & Mrs. Arace, Manzanita Lane, did not wish to speak but indicated their support of the VCC expansion and Master Plan. Gary & Nancy Cantrell, Landale Drive, did not wish to speak but indicated that they are members of VCC and are in favor of the building plans and would like to see them approved. They think their church is a positive contributor to the people of this community helping to meet needs. Mr. Loving indicated that the summation of the public testimony indicated a need for the traffic signals, and he would like to hear the testimony of the Traffic Engineer on that point. He asked that the chairman of the VCC committee, traffic engineer Chris Kinzel, rebut some of the issues. Chris Kinzel, TJKM Traffic Engineer and member of VCC, noted that his firm did not do the traffic analysis and, as a member of VCC, his objectivity might be clouded. The studies point out that there is currently a lot of traffic, and that growth in traffic will be fairly modest. The number one issue seems to be the two traffic signals. They were pleased to find out that the City is on top of it, and the both of the signals are included in CFF¥' COUNCIL M~NUI'ES 'V©LUME 22 REGULAR MEETING Msy 20, sees PAG~}~ 291 the CIP. This is a long term master plan, so a bunch of traffic will not immediately materialize. The signals will probably go in before the project begins. Once the signals are installed at Inspiration and Dublin Boulevard, it will be the most attractive way to get off the hill for VCC people and residents alike. Once the signals go in, illegal left turns should stop. He noted that school start times are already staggered. A bus program implementation should help with this problem, as well. Mayor Lockhart asked how seriously the busing and carpooling programs are being taken? Brian Tebbutt, VCC Staff, advised that the busing program has promise and might work. The route is currently being examined. Carpooling will be explored in the next school year. Mayor Lockhart asked if VCC has given any thought of having someone monitor the driveway to discourage illegal left turns or to take license plate numbers of violators. This idea could be included in the traffic plan and would be relatively inexpensive. Mr. Tebbutt stated that it was an excellent idea, which they have considered. The program would probably start in the next school year, with monitors standing at parking lot exits gently pursuing those inclined to make a left turn not to. Mayor Lockhart asked how long VCC envisioned the entire project taking? Mr. Tebbutt advised that the project was expected to happen over the next 5-15-20 years. Even if funding were in place now, it would take three years to get the first building off the ground. Mayor Lockhart asked if they had a phasing plan of what they would like to do first, second, etc? Mr. Tebbutt advised that the priorities would probably be the high school building first, senior activities building second, and sanctuary third. However, final decisions have not been made. Mayor Lockhart asked if they were prepared for an answer that might indicate that landslides or wetlands will prevent the residential units? CITY C©'UNC[L M~NUTES V~DLU'ME 22 REGULAR MEETING PAGE 292 Mr. Tebbutt stated that the area subject to landslide is on the opposite side of Inspiration Drive. His generally understanding is that the soils analysis for the proposed residential area showed the soil as stable. The wetlands, as described, is a drainage area. Mayor Lockhart asked for confirmation that VCC was prepared to deal with that situation as a separate piece of the project, if needed. Mr. Tebbutt agreed. Vm. McCormick referred to the proposed busing program and asked what percentage of students come from Dublin? Mr. Tebbutt advised that approximately 1/3 come from Dublin, and indicated that VCC thinks it can reduce trips by busing on I~ 580 and 1-1380. It appears to be financially viable and they will do a feasibility study in the fall. Mayor Lockhart closed the public hearing. Cm. Oravetz asked Staff the cost to install the traffic light at the end of Inspiration Drive and Dublin Boulevard? Mr. Kuzbari advised that it would cost approximately $190,000. Cm. Zika noted that new requirements indicate that VCC would be required to mitigate significant traffic increases, and asked the definition of "significant." Mr. Ray stated that there was no criteria or threshold for ~significance." Any increase in the number of violations, is good enough to say that something needs to be done about it. Cm. Zika stated that criteria was needed, and expressed concern about increased traffic on Bay Laurel Drive, especially on Sunday, which should be less than weekday traffic. He felt that it was not appropriate to let the Sunday traffic come up to the level of weekday traffic. Cm. Sbranti asked how many cars could get through a stop sign vs. a traffic signal in one minute. Mr. Kuzbari advised that on an hourly basis approximately 450-500 cars can come from Inspiration Drive. Now, there are about 550 cars in 20~30 minutes trying to make that turn, which causes a back up all the way to the school site. Staff has done field C}iTY CO-UNC~L M;~N~iTES VOLUME 22 REGULAR MEETING PAG}E 293 observations that shows that traffic bottlenecks because of the stop sign. A traffic signal could more than double traffic capacity up to 1,000 an hour from Inspiration Drive. Cm. Zika asked, assuming that Schafer Ranch does not get built, would there still be a need for 4 lanes all the way up? Mr. Kuzbari indicated that, based on traffic studies for Schaefer Ranch and VCC, the need for widening Dublin Boulevard is only between Hansen and Silvergate. East of Silvergate, there is no need for widening to 4 lanes. If Schafer does not build, there is no need for widening between Hansen and Silvergate. Mayor Lockhart asked VCC representatives if adult care was still in their plans. Mr. Loving advised that adult daycare, not Alzheimer's care, was still an option. Vm. McCormick noted that none of the proposed activities were reflected in increased staffing, which only shows 20 additional staff people. Mr. Loving advised that additional staff might refer to part-time staff, which would add up to 20 full~time equivalent staff. Mayor Lockhart referred to Exhibit A of the CEQA document, page 6 of 159, and read Impact 4.5-2 regarding expansive soils and landslides, which read, "Soils in the Project area are potentially expansive soils which can result in damage to buildings with improperly designed foundations. In addition, historic landslides on the site may not have been properly remediated to support buildings and structures." She asked Staff what and when we are talking about in that paragraph? Jerry Haag, Planning Consultant, prepared the EIR, and advised that when the EIR was done there was a preliminary soils report done for the property approximately one year ago. The information in Impact 4.5-2 was revealed in the soils report. It was not a detailed report, just a general reconnaissance report of entire site. One of the conditions of approval would be a specific detailed geotechnical report for each building to make sure the landslides had been properly compacted and the foundations would not be subject to damage from expansive soils. It is a fairly standard condition. Mayor Lockhart asked if this was a condition at that time that these may not have been properly remediated to support buildings and structures? Would it have been the same thing at that time? VOLUME 22 REGULAR MEETiNG M~y 20, sees PAG~ 29S Mr. Haag stated that he was not sure the current buildings were constructed when Dublin was a city; however, presumably, the existing buildings were properly designed in terms of geotechnical requirements. Any future buildings, as part of the master plan, would have to have future studies done to make sure the ground under them was properly compacted. Mayor Lockhart referred to page 7 of 159 which stated that future residents of the project could be subject to short-term construction noise, and asked what "short term" means? Mr. Haag advised that it would be some limited short-term noise related to construction activity such as a bull-dozer, which could continue over the length of time needed to construct that building. It would not be an ongoing operational noise expected day-in day-out. Mayor Lockhart indicated that she assumed there was baseline information on sound issues as they relate currently to VCC, when talking about adding a field or play space. She asked if there was a comparison? Ms. Harbin advised that there were other schools that have play areas that they have added, as well as a baseline for existing noise level. So far noise is not an issue because the property buffers the play area and the housing development. Also, there are no night time activities because there is no lighting. Mayor Lockhart noted that VCC is tentatively proposing tennis courts and picnic areas in locations right above other homes and asked if that situation already exists up there on the other side? Ms. Harbin advised that the play fields are not exactly over homes. At one side they overlook Inspiration Drive as it goes into housing development, but it doesn't actually overlook homes. Mayor Lockhart asked if the proposed Parcel C would be a different situation than exists right now. Ms. Harbin indicated yes, there is a part of the development that wraps around underneath Dublin Boulevard that would be below that Parcel C. The concern was if there was anything built up there. VOLU?~SE~ 22 REGULAR MEETING PAGE Cm. Zika noted that Parcel 1 ,aras being worked as a Stage 2 approval; however, Parcel 2, where the housing was proposed, was at a Stage 1. Does that mean the City is telling VCC that it is okay to pay the Inclusionary housing fee or does that happen at the Site Development Review stage? Ms. Harbin advised that it would be at the next phase. Cm. Zika stated that he was not in favor of paying fees; he wanted to see the units. Mayor Lockhart asked if, as far as the housing was concerned tonight, the City would be approving VCC to move to the next step which would be the studies that would be required before any housing was actually approved, or would the City be approving housing if the studies come back okay? Ms. Harbin advised that the Council would be approving a change in land use designation from Public/Semi Public Facilities use to Medium High Density Residential. The Stage 1 is just setting certain restrictions on the development of that property for the rezoning. It doesn't actually approve which units or what type of units or where they are located; that would be the next stage. This would be a preliminary approval of the concept. Mayor Lockhart confirmed that tonight's decision would not approve any number of units or location of units. So, as an example, if the wetlands studies came back indicating that only 5 units could be built there, then the Council could limit it to 5 units? Ms. Hardin indicated yes. City Attorney Elizabeth Silver clarified Cm. Zika's question regarding the Inclusionary Zoning Ordinance and advised that it would be applicable to projects of 20 units or more. Cm. Sbranti asked the procedure used if the Council approved the Stage 2 or all of the improvements with the school and the sanctuary, but did not approve the concept of residential on that Phase 2 parcel? Ms. Harbin indicated that it would require a revised resolution to remove references to the residential portion of the project, and indicate that it would remain an agricultural use or something to that effect. It would also change the General Plan resolution that would be approved with Eden Housing under another Agenda item. C~TY CG~iNC[L Mi~N~TES VOLUME 22 R.EGULAR MEETING ~¢AGE 296 rvlayor Lockhart expressed concern that, until seeing what is happening with development on top and how the traffic is mitigated to see how it effects the existing and future situation, she is hesitant to move forward with housing because it could only complicate the matter if the City does not correct the problem that exists today, and it will exist with the future development of the church and school. She asked if the Council did not move forward with the housing at all now, could VCC approach the City about that piece of land again when the issues are resolved? Ms. Harbin indicated yes, VCC could return with a GPA, PD rezoning and Development Plan for that property in the future. Mayor Lockhart realized that the City asked VCC to do a complete plan, but she is also hearing that there is a tremendous amount of concern about the traffic issues and mitigating the problems that exist and the problems that are expected with the school development and expansion. Perhaps those issues should be addressed, since VCC has indicated that those buildings will be constructed first, and reserve the housing for when the other issues have been resolved. Cm. Oravetz asked if it was the Mayor's intention to bifurcate the decision? Mayor Lockhart indicated yes. Vm. McCormick asked if the busing program, carpooling program, and driveway monitors could be made Conditions of Approval? Ms. Harbin advised that there were some limitations on traffic management plans and whether the City could require that a particular project proponent establish something like that. The Traffic Engineer would be better suited to answer that question. Cm. Sbranti suggested periodic police patrol of the area during the time in question, as is done at Dublin High School. It doesn't happen every day, but the people are aware of the presence. Vm. McCormick stated that it wasn't enough. John Bakker, City Attorney's Office, referred to page 9 of 15~), the condition dealing with left turns from driveways, a part of which reads, "If it is determined that the expansion has resulted in increased violations of the existing left-turn restrictions on to Inspiration Drive, other measures such as the installation of physical barriers to redirect traffic toward the signalized intersection of Dublin Boulevard/Inspiration Drive may be C~.TY C()~2NC~L VOLU~%iE 22 REGal LAR ME'~ET~NG PAGE 297 required..." Additional examples could be listed of measures that might be imposed on VCC in order to require them to limit the number of left turns, such as monitors or other traffic controls. Vm. McCormick asked if there could be a limit on the number of cars, or do something that would encourage the carpooling and busing programs to move forward? Mr. Bakker advised that, per the Traffic Engineer, there are some restrictions under State law concerning traffic management programs, which have not been evaluated by Staff at this point. It would have to be a voluntary program at this point until State law has been fully analyzed. Mayor Lockhart asked if a moveable barrier or a bollard could be placed in the street to prevent the left turn? Mr. Bakker felt the condition envisioned just that; it would be temporary and moveable to, perhaps, switch directions in the morning and afternoon. Ms. Silver advised that the specific traffic measures would be determined with the SDR for each of the proposed buildings. The condition as proposed, which requires the agreement, is general and will require the determination of the specific measures. Even without the SDR approval, under the Code, the City is allowed to impose conditions dealing with traffic. It is difficult to be specific about the conditions at this point in time. Cm. Sbranti stated that there were two aspects: 1) it was indicated that if the signal was put in the 2004~05 Capital Budget that it will beat any major traffic impacts because VCC won't have buildings out of the ground. 2) good faith efforts can be implemented at this time such as self patrol, busing and carpooling, which combined would be fair mitigation on the traffic. Cm. Oravetz agreed with Cm. Sbranti that a traffic light is needed quickly. He assured VCC representatives that he felt the expansion is a great idea. He concurred with the Mayor and the folks from the Highlands regarding housing and agreed to bifurcate the housing issue and approve the church with the traffic mitigation. Mr. Loving asked the Council to think of the planning that VCC has done at Council's request and the many options they have considered on the residential site. The Church has, in-good faith, moved forward with the plan of market rate housing, with a Staff Report that recommends approval of the housing. VCC is just at Stage 1, which is conceptual, so the Council has tremendous control over that piece of property. The clear CF~'Y COUNC.~-L Mi~NUTES VOLUME 22 REGULAR MEETING understanding is that residential seems to be the correct land use, so can the Council please not bifurcate the approval tonight. Please approve Stage 1 with any qualifications the Council deems appropriate because it must come back for Stage 2 approval and than an SDR approval. Traffic, wetlands, drainage, and grading are fairly standard issues for any development in Dublin. The Church site is isolated and if it can be developed, it will be a great funding mechanism for a non-profit entity. It is very valuable to VCC in their financial planning. Mayor Lockhart stated that she has considered it very strongly, but it was a matter of timing. Many residents support the VCC project; however~ these same residents need to be supported on the traffic issues before moving on to the second issue. It is not a one or the other, but the City needs to consider things that will relieve the current problems first. Vm. McCormick indicated support of the expansion of the church and education facilities, noting that the traffic issues could be mitigated. She advised that she would not support the housing because, in her opinion, it is not part of Dublin's vision. Dublin is trying to get cars off streets, not add more on. She stated that housing should not go in secluded areas accessible only with autos, and felt this was a strictly commercial venture. Cm. Zika supported the expansion of the church and school, but was concerned over traffic. He advised that he supported leaving out housing for now. It seemed that the Council's general consensus, at this time, would be to approve Parcel 1 as submitted, do nothing on Parcel 2 and approve Parcel $ for no development. Ms. Silver advised that everything has been prepared to include the General Plan Amendment, so there are two options: 1) Continue the item and ask Staff to come back with revisions at the next meeting; or 2) Continue the item to a later part of the agenda to see what changes are necessary to the various documents and determine if those changes can be made tonight. The Council agreed to continue the item to a later part of the agenda in order that Staff can make the directed modifications. lO:40p, m. At this time, the Council returned to its consideral~bn of Public Hearin$ Item G.3 Valley Chl~stian Center Expansion & Master Plan - Planned Development Rezonins Stase 1 & 3 Development Plan ~nd En~ronmentM Impact Repo~ PA 00~01Z C~T¥ COUNCi{L REG U LA}R MEET~.NG F?~G.E 299 Ms. Harbin distributed copies of the modified (red~lined) resolutions and proposed ordinance and reviewed the proposed changes, advising that Staff had, per Council direction, stricken the residential portion of the project which would leave the 1.4 acres of land as Agricultural zoning. There would be no General Plan Amendment for that particular area. Mr. Bakker distributed the red~lined versions of the Findings to the Council and reviewed the changes made to the Findings to reflect the actual approval the Council might make tonight. The Council will still be certifying the EIR tonight if the Council were to approve the project; however, the findings would be different because the approval was changing. Cm. Sbranti asked if, with these changes, VCC would need to do a new EIR as it pertains to this site and the residential units if they were to move forward with the GPA at a later date? Ms. Harbin advised if VCC were to return with a GPA for that particular site, Staff would need to review the EIR to make sure it covered all of the issues, and the develop new findings, as well as a new mitigation monitoring program those mitigation measures related to the residential portion of the project. The EIR would then need to be recertified and the findings and mitigation monitoring program adopted. Cm. Sbranti confirmed that VCC would not have to start from scratch; they would be able to work off of this to make findings as it pertains to the residential development? Ms. Harbin agreed. On motion of Cm. Sbranti, seconded by Vm. McCormick and by unanimous vote, the City Council adopted RESOLUTION NO. 92 - 03 CERTLV'TING AN ENVIRONMENTAL IMPACT RZFORT AND ADO~rrI2rNG RELATED M~[TtGAT~ON FIND!NGS, AND A MIT!GATiON MONITOI~NG PLAN FOR THE VALLEY CHFdSTINA CENTER EXPANSION/~,VL4~STER PLAN PROJECT FOR PA 00-0 i 7 and On motion of Cm. Sbranti, seconded by Vm. McCormick, and by unanimous vote, the City Council adopted, as modified CiiTY CO}~JNC~L MINUTES VOLUME 22 REGULAR BIEETiNG M~y 2e, 2{3©3 PAGE 300 RESOLUTION NO. 93 - 03 A RESOLUTION fvLAKJNG FINDINGS RELATED TO A PLANNED DEVELOFM.ENT (FD) STAGE i AND 2 RE. ZONIN~ AND DEVELOlhMENrY PLAN FOR APPROXIMATELY 49.7 ACRES OF THE VALLEY CHF, ISTIAN CENTER LOCATED AT 7500 INSPIRATION Dt~VE and On motion of Cm. Sbranti, seconded by Vm. McCormick and by unanimous vote, the City Council waived the reading and INTRODUCED an Ordinance, as modified by Council, amending the Zoning Map to rezone property and approve a related Stage 1 and 2 Development Plan for 49.7 acres for PA 00~017 Valley Christian Center located at 7500 Inspiration Drive. 9:55 p.m. Mayor Lockhart called for a 5 mN'ate break, after which time the Council would consider Item ¢.3. 10:04 p.m. The City Council reconvened with all Councilmembers present. PUBLIC HEARING EDEN HOUSING - DOWNTOWN CORE SPECIFIC PLAN AMENDMENT, PLANNED DEVELOPMENT REZONING STAGE 1 & 2 DEVELOPMENT PLAN, AND MITIGATED NEGATIVE DECLARATION, PA 05~005 10:O4 p.m. 6.3 (600~60) Mayor Lockhart opened the public hearing. Planning Consultant Jerry Haag presented the Staff Report and advised that the proposed site is located within the rear portion of the former Dublin Branch Library located on Amador Valley Boulevard. The project includes construction of 54 apartment units with 5:3 of these units targeted to low-income senior households in Dublin. The project architect has designed the senior housing building to be complementary with the design C~TY COUN'C~.L H~NUTES ¥OLUME 22 REG ULAiR M'EET~NG Ms.v 20, 2003 PAGE 30.~ of the proposed Dublin Senior Center to the north. The housing complex will be owned and managed by Eden Housing Management, Inc., a subsidiary of Eden Housing Inc. The proposed General Plan Amendment will be considered under a separate agenda item, in order to consolidate it with the Valley Christian Center GPA application and minimize the number of general plan amendments for this calendar year. All of the actions being considered under this item would be contingent upon approval of the General Plan Amendment. Mr. Ambrose clarified that the Ordinance was being introducedat this meeting, not adoptedas indicated in the presentation. Linda Mandolini, Executive Director of Eden Housing, thanked City Staff who have worked hard to get them this far under intense funding deadlines. Chris Layman, Architect, gave a brief PowerPoint presentation outlining the proposed site and building, advising that the small parcel will be utilized to its maximum. The building is designed to work with the new Senior Center, but also as a stand alone building. Cm. Zika asked about additional costs between the units constructed for ADA occupancy or adaptable for ADA occupancy. Mr. Layman advised that they are all ADA accessible with $~foot wide door ways and wheelchair accessible bathrooms. The difference is in switches and the installation of some grab bars that are not technically required. Although the cost to build out all the units is minimal, it's usually not done unless necessary. Cm. Zika clarified that the proper reinforcement would be installed in case the extra equipment needed to be installed. Mr. Layman confirmed, advising that it was a code requirement. As an elevator-served building, every unit had to be accessible or have the ability to be adapted. Mayor Lockhart asked if there would be a recycle chute as well as a trash chute? Mr. Layman advised that the trash rooms on each floor will each have recycle bins available. Vm. McCormick asked if there were any green building elements? C~TY CO'[iNC~L N~'~N'UTES VOL[JME 22 REGULAR MEETING M~N 20, 2903 PAGE 3@2 Mr. Layman stated that they have been meeting with the City's consultant to incorporate green materials, and will incorporate as much as is affordable. The site itself is already a "green site" because it is infill land on a transit corridor. These items will be more fully reviewed under design development and budget. Mayor Lockhart advised that Eden Housing would also pursue funding available through the Waste Management Authority and Recycle Board. Cm. Sbranti asked if Eden knew at this point who the contractors would be. Mr. Layman advised that they are in the interview process at this time. Cm. Sbranti asked if any of the prospective contractors had the pre-qualified apprentice programs? Mr. Layman was unsure. Cm. Oravetz asked when this project would begin construction? Mr. Layman advised that it depended on funding, but could be as early as February 2004. Housing Specialist Julia Abdala advised that this project was awarded a $5,000 green building grant from Alameda County Waste Management for green building in affordable multi-family design. Dennis Ackley, Dublin resident, asked where the Senior Center would be in relation to the senior housing? Mayor Lockhart advised that the Senior Center Would be built over the old library site. Ed Osada asked about the grounds surrounding the project and asked if the housing would be visible from Dublin Boulevard. Mr. Haag advised that was a very tight site, but there will be at least a 1 O-foot landscaped setback on each side of the building, with one side having a 25-foot landscape yard. The senior housing site is on the southerly portion of the lot and would not be seen immediately adjacent to the street. Mayor Lockhart closed the public hearing. C~T¥' COLTNC~L M~NUTE$ V'OL~.iME 22 'REGULAR NSEET~NG M~I 2e~ 2003 On motion of Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council the adopted · ~SOL~H~ON NO. 88 - 03 ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGI~2&M FOR THE EDEN HOUSING SENIOR AFFORDABLE HOUSING PROJECT? FA 03-003 and RESOLUTION NO. 89 - 03 APPROVING AN AMENDMENT TO THE DO'9,rNTO'~3,~? CORE SPECIFIC PLAN TO ADD A HIGH DENSITY RESIDENTIAL DENSITY LAND USE, ON THE EDEN HOUSING SENIOR PROJECT PROPERTY, PA 03-003 and RESOLUTION NO. 90 - 03 A RESOLUTION MAKING FINDS RELATED 'FO A FLANNED DEVELOPMENT (FD) STAGE 1 AND STAGE 2 REZONING AND DEVELOPMENT FLAN AND FOR ALTERNATIVE METHODS OF COMPLYING '~VtTH CHAPTER 8.~8.04E OF THE ZONING OF40!NANCE~ FOR AFFROXtMATELY 0~58 ACRES OF LAND FOR THE EDEN HOUSING AFFOF~DABLE HOUSING PROJECT LOCATED AT 760~ AMADOR VALLEY BOULEVARD and waived the reading and INTRODUCED the Ordinance adopting a Planned Development (PD) Stage 1 & 2 Rezoning (with the Development Plan attached as Exhibit A-1 and the Rezoning Exhibit attached as Exhibit A~2). Mayor Zockhart asked if Staff was ready to return to Item 6. 2 regarding Valley Christian Center. Ms. Ram advised that Staff was not ready with the modifications to Item ~.3, and sux, gested that the Council consider Item G. 4 regarding the General Plan Amendments for Valley Christian Center and Eden Housing. Mr. Ambrose su~ested that the Council not consider the General Plan Amendments until they had taken final action on Item ~.3. CF~\'" (?OUNCi~L Mi~NUTES VOLUME 22 REGULAR MEETING M~y 20, 2003 PAGE 304 Mayor Lockhar! aSre~t and su~ested that the Council hear a fairly short item, such as Item 8.1 before returning ~o Item G.Z At the Mayor~ direction~ Staff presented Item 8.1 at ~his ~e. ~ ~UBLIC H~A~NG GENE~L PL~ ~END~S FOR EDEN HOUSING ~D VALLEY CH~S~ CE~R- PA 03-003 ~D PA 00-017 10:50 p.m. 6.4 (420-30) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that Valley Christian Center and Eden Housing have requested approvals of General Plan Amendments to the Land Use Element of the City of Dublin General Plan. State law generally allows four general plan amendments per element per year. Since January 2003, the City has approved one General Plan Amendment. In order to avoid amendments in excess of the number permitted by State law, General Plan Amendments for specific projects can be grouped together and adopted by resolution. This method enables cities to approve several projects at the same time while only counting legally as one amendment, and has been done by the City in the past. Ms. Ram reviewed the Eden Senior Housing project, advising that it includes the construction of 54 apartment units, 53 of those targeted as low-income senior households in Dublin. This project was described in full on an earlier Agenda item. The project includes a General Plan Amendment, Downtown Core Specific Plan Amendment, Planned Development Rezoning Stage 1 & 2 Development Plan, and Mitigated Negative Declaration for the proposed construction of an income-restricted senior housing apartment project located on a portion of the former Dublin Branch Library site on Amador Valley Boulevard. The site is currently designated as "Retail/Office." Although this designation would allow for residential uses in the Downtown Intensification Area, of which this area is a part, "High Density Residential" appears to be more appropriate with a density of 25 units and above per acre. Approval of the General Plan Amendment to High Density Residential for the proposed Eden Housing project would be consistent with the Dublin General Plan, and the Planning Commission recommended approval of the General Plan Amendment. CITY COUNCIL M~NUTES VOL.~dME 22 R~,GULAR MEETING M~i 2©~, 2003 PAGE 3©5 Ms. Ram advised that the General Plan Amendment proposed for Valley Christian Center is for a 1.4 acre site, and is one on which Council just took action for the PD Rezone to indicate that the Council wanted to remove the residential portion. As such, viewing the slides included in the presentation would not be necessary. Ms. Ram distributed and reviewed the revised copy of the proposed resolution that had been revised at Council direction to remove the Valley Christian Center from the joint resolution. Bill Brenson, Diana Lane, expressed concern that there was only one elevator in the proposed three~story building, as it might be difficult for those in wheelchairs. Also, a three-story level seemed out of character for the area. Mayor Lockhart advised that the project 'was not assisted living units which generally have wheelchair bound residents. Linda Mandolini, Eden Housing, advised that they want the seniors to walk and get exercise to maintain their independence. One elevator has successfully accommodated a similar existing project. John Collins, Dublin Resident, asked if this General Plan Amendment should be tabled in order to batch it with more in the future. Mayor Lockhart advised that there was a timing issue for funding on this project. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council adopted P~SOLUTION NO~ 94 - 03 APPROVING A GENERAL PLAN AMENDMENT FOR FA 05-00S EDEN HOUSING TO CHANGE THE LAND USE DESIGNATION FROM RETAIL/O~tCE TO ~ '~ ~ ' H~GH DENSITY RESIDENTIAL (2 5.0+ DVTELLING UNITS PER ACRE) As modified by Council. C~I'¥ C©UNC~L N~INUTES VOLUME 22 PAGE 306 A~PPROVAL OF NOTICE OF EXEMPTION AND AUTHORIZATION TO SOLICIT BIDS, CONTRACT NO. 03-08, ALAMO CREEK BIKE PATH - AMADOR VALLEY BOULEVARD TO NORTH CITY LIMITS 11:00 p.m. 7.1 (600-35) Public Works Director Lee Thompson presented the Staff Report and PowerPoint presentation and advised that at its May 6, 2003 meeting, the City Council continued the item for the authorization to solicit bids for the Alameda Creek Bike Path from ganador Valley Boulevard to North City Limits after receiving concerns from residents living along the proposed path. Some of those concerns included loss of privacy to adjacent property owners, disruption of wildlife along Alamo Creek, and potential noise problems from motorized scooters and children loitering on the path. The Council scheduled and attended a field trip to the project site to view some of the concerns firsthand on Monday, May 12t~. The Staff Report and PowerPoint presentation was prepared to review and respond to concerns voiced during the field trip, including: weed abatement along the path; graffiti along the path; slope sloughing on Dougherty Hills; median break and proposed crosswalks on Willow Creek Drive as not safe; closure of path entrances at night and/or during high water in creek; erosion on Alamo Creek bank; illegal activities near trails; vehicles entering trail; and development in the open space corridor. This project was identified in the 2000-2005 Capital Improvement Program to begin construction in FY 2001-2002. Due to Staff workload and coordination issues with Zone 7, Staff requested an extension to expend the Transportation Fund for Clean Air (TFCA) funds. The current TFCA funding guidelines require the project to be completed by October 9, 2003. The project has appeared in the City's Five-Year Capital Improvement Program since FY 1994-95, and has also been identified in the City's General Plan since September 1992. Staff recommends that the Council approve the. Notice of Exemption under the 2002 California Environmental Quality Act, Section 15301, Class 1 (c), and Section 15304, Class 4(h), and authorize Staff to solicit bids for Contract No. 03-08. During the PowerPoint presentation, Mr. Thompson stated that the first few pictures in the presentation showed the limits of the pathway from Amador Valley Boulevard north of the City limits. Several photos showed that the existing locked trail, or maintenance road at this point, is about 15' wide. The westerly 12' would be paved. Note: Balance of testimony related to this item transcribed verbatim. CiTY C©UNCi~L MINUTES V©L~ZM E 22 REGULAR MEETING PAGE 3©7 Mr. Thompson stated: One of the items had to do with how much of the existing plant material had to be removed for fire control Fire Prevention Staff examined the trail and made recommendations on what would be required along the trail Ail of the weeds to be cleared would have to be cut to no higher than four inches. Trees in the fire break area would need to be limbed up to 6~. Ali that area would be on the west side of the trail; the east side of the trail, which is in the creek, would not need plant material removed. Where there are no homes adjacent to the trail, the weeds would have to be knocked down to about twelve' on the west side; none on the east side. Any of the green shrubs or trees would not have to be cut. All of the weeds would have to be knocked down in those areas adjacent to homes, basically the total area from the path to the fence. Cm. Lika asked: Would this have to be done if the trail was not there? Mr. Thompson advised: Yes, it should be. Continuing his presentation, Mr. Thompson stated: During the field trip, a couple of areas of graffiti were noticed on retaining walls. If the City took it over per the City's policy~ the graffiti would be removed within one day. The areas where there is green, irrigated groundcover would not have to be cut. The next slide shows an area where there was concern about landslide or sloughing of the hill above the trail. The whole cut pictured was caused by when the creek used to wind around directly into the base of that hill and it cut down so that the hill kept falling into the creek. When the Villages were first proposed, the Soils'Engineer recommended that the creek be relocated and the 1Rtle oxbow was filled in and there was an area that is an area that is a ilatplain to catch any of the slough that comes off of the slope. The developer was required to put a fence around the top so that people using the open space park would not get too close to the top of that slope. There was concern aboutpedestrians crossing at Willow Creek, so Staff went no~h on the Iron Horse Trail to see what the other cities have done. This par~icular slide shows Prospect A venue in Danville. It has a similar residential area where people cross. What they've done is sign for crosswalk. They have stop signs for the bikes and peds, and in this case instead of painting the crosswalk, they actually raised it a couple of inches. Here is an example on Linda Mesa A venue in Danville. It's hard to see, but they've painted crosswalks in here. They have stop pavement marla'ngs on the pavement, and again, they have the crosswalk signs. We've proposed similar Opes of things where we'd have these types of signs at the trail We'd have advance signs talla'ng about upcoming pedestrian crossings; we'd be painting the street to say "Pedestrian Crossing," coming either way. We would have stop signs and bars for the trail on either side. C'ETY {7OUNC~L M~NLiTE8 V©~'UME 22 REGULAR MEETING P. 1s~? 2e, 2003 T~e next concern expressed was resardins the setbacks from the houses to the trail. Staff measured several different areas and discovered that the closest point on the townhouse side w~s ~pproxim~tely 6' to ~ fence from the trM~ ~th others bein~ 18' to 40~ From the sinsle f~mily side, R~ets do~ to ~bout 14~ clear on the en~ ~th some o~ t. he others ~eRing much bi~e~ such as 17~ to 40~ Fhere ~re ~11 kJnds of setb~cks ~lon5 otherp~ths ~11 ~round the City ~nd some setbacks from the houses ~ctually range from ~ to 100~ Tops o~b~ r~n~e from 0~ ~th ~ retaining wM1 to over 100~ R really v~ies depending on the tmiZ A slide of t~e most comparable trail w~s ~long T~ss~j~m Creek between Dublin ~oulevard ~nd Cen~l F~rkw~y. In this case, the setback Mm©st 8; ~11 the w~y along the ~re~; R gets ~ liRle ~der on either end ~t the streets. ~bou~ 8;~rom ~n open ~ence. Some o~ the b~ck y~rds h~ve solid ~ences; howeve~ ~11 o~ the front y~rds ~re open. Another concern expressed w~s reg~rdin~ seeuri~ closures ~t night ~nd at h~es of high w~ter in the creek. R would be possible to close the pathway ~t nigh~' the onlyproblem wo~d be t~e e~r~ time incmed for t~e m~intenance people on weekends. ~t no~ we e~n & the weekdays. Concern w~s expressed about erosion of the ba~s with~ the creek itsel~ ~nd I would just like to point out that emsion in the creek is c~used by the water that comes ~rom Contr~ Cost~ Coung' Rd©es not come off t~e side of the b~nks where the trail rs. In St~ff would drain the trail ~w~y ~rom the top of the b~nk ~nd R ~11 be picked up in the concrete ~uRer ~nd then taken do~ to the boRom. As far as illegal acti~ties~ Dublin Police ~ices has researched similar paths and found that there have been ve~ few calls for se~ce. A repo~ f~m Police Se~ces was aRached to the a~enda packet. Re~ar~ vehicles on ~he ~ai~ the ~ail would be si~ned for no motorized v~icles on the trai~ includin~ ~o-peds. ~e only v~icles that would be allowed would be maintenance and emergency s~bes vehicles. ~ issue was raised about a path bein~ defined as "development~:in an open space co~ido~ which would not be allowed Staff looked at some of the Ci~ General Plan elements: and ~he Open Space ~lement contains policy to promote the inclusion of hi~, bi~ and/or equestrian trails within designated open space areas. ~e City~ Conse~a~ion Klement includes a policy fo pro~de access to s~eam co~idors for passive recreational use~ which the City considers this traiZ So~ in fac~ the ~ails are allowed and encoura~ed in the open space areas. There were concerns expressed regarding the CEQA requirements. This project is categorically exempt under Sections 15301, Class l (c), and Section 15504, Class 4 (h). Under 15301, il stales that "minor public alteralions of exis~'n g public facilities involving negligible use beyond that previously existing at the time of the agency's determination are exempt from the provisions." Basically, the City would just be paving something that is already there; the Ci~, is not tal~'ng out any trees or landscaping. The existing public right-of-way is presently being used by Zone 7personnel to inspect and maintain those creeks. There have been some fairly major improvements or fixes to the creek where they have had to dump tons of rock, so there has been some major equipment out there. The result of paving the access road to allowpublic access for walMng and biking during limited daytime hours would have nesligible impact beyond its current use. Although the maintenance road is currently closed to the public, allowing public access is considered a minor public alternation on existing .use, under Section 15504, Class 4 (h). The crea~'on of bicycle lanes on exish'ng public rights-of-way, and this is a publicly-owned stream, which do not involve the removal of healthy, mature scenic trees, except for forestry and agn'cultural pUrPoses, does not have a significant effect on the environment and is exempt from provisions of Al the last meetin$, Slaff indicated that concern was expressed about wildlife in the corridor. The City's biologist did a reconnaissance survey, and determined that wildlife observed or expected to occur along or within the creek zone are species that can inhabit an area with human activity, and that wildlife species that are not adaptable to human ac~'vifies have previously moved or been forced out of the reach of Alamo Creek, which is basically when the whole area was developed. The concern regardingproject funding was that we have the $107,000 which the Cig has a deadline of October g 2005 to use it or lose it. The $158,000 Measure B funds could be used on another project. The project schedule would now be approximately from aboutJune to October. StafFs recommendation would be to approve the Notice of Exemption under 200Z CEQA Section 15501, Class 1 (c) and Section 15504, Class 4 (h), and authorize City Staff to solicit bids for Contract No. 05-08, Alamo Creek Bike Path Project, or provide Staff ~wth an alternate direction. Vm. McCormick stated: Bye heard you refer to this a couple of times as a "public" right-of-way." What makes it different from a "private" right-of-way? l~'$ht now it's gated. C~iTY C©UN{!L MifNUTE5 REGULAR MEETING Mr. Thompson stated: It is publicly-owned, just like if the Ci& owned a piece of property it would be publicly-owned even if it were fenced off, as opposed to a private individual owning it. Vm. McCormick stated: So it's public property. Mr. Thompson stated: Yes. Cm. Oravetz stated: I will hold my questions until alterpublic comment. I have questions regarding liability to ask of the City Attorney later. Cm. Sbranfi stated: The question Ihave is related to the height of the water and the rate of the current as it compares to the creek along the Iron Horse Trail. Does it reach about the same depth water-wise and reach the same speed in terms of the current? Mr. Thompson stated: /t is comparable. The big rains that Puffin experienced in November-December 3002, the channel along the Iron Horse Trail got almost to the top, and went up and down so fast that it pulled some of the banks in with it which resulted in some pret& big failures along the bank. There have been similarproblems at Alamo Creek, too. Cm. Sbranti stated: I think ifl saw it correctly, we're looking at a 3'difference between the edge of the trail and the edge of the bank at mostparts, sometimes a little more, but no less7 Mr. Thompson stated: The 3' was just the gravel pa~' there is also another 4'or 5' where there are shrubs along the creek and the top of the creek bank. Cm. Sbranfi stated: I think you had mentioned that there would be the need for additional MCf for the weekends. In terms of the weeknights, it is not cost effective to have an MCE employee at everypark at the exact moment of dusk. How many MCE employees do we have currently at night closing down public parks? Mr. Thompson stated: We just have the one, and he actually stax~gers Ids hours so he comes in about 4 p.m. and works until l l:OO p. m. during the weekdays. On the weekend, we have either one or two people come in on Saturday and Sunday. They come in at normal time, which is 7.'00 a.m. to 3:30 p.m. We might be able to stager their hours somehow. VOLUP~GE 22 REGULAR MEETING M:~N 20, Cm. Sbranti stated: So, currently, when you have an AlICE employee close down parks and lock up bathroom facilities, etc., they are going from the different parks in the City, mala'ng the rounds as part of their nightly duties. Mr. Thompson stated: Yes, there's somebody tonight at this meeting. Cm. Oravetz stated: I will ask my question to the City Attorney on liability, and it falls along the Vice Mayor's question. It's public property or it's private, but right now it says no trespassing beyond that fence. Ifa Dublin resident goes beyond that right now and breaks their leg, can they sue the City? Ms. Silver stated: They can always sue the City. Cm. Oravetz stated: Zet me cirri, fy; Will we be liable for that ach'city that clearly trespasses. Ms. Silver stated: Mr. Thompson can correct me l'/Fnl wrong, but right now this is Zone 7property, so this is not a situation where the City would be liable. Mr. Thompson stated: That's correct. Cm. Oravetz asked: If the Council approved this and we open up that gate, and a person goes on the other side and breaks their leg. Can they sue the City? Iknow they can sue anybody, but are we liable? Mr. Silver stated: They could sue the City. In a situation like that, the plaintiff would probably allege that it was a dangerous condition of public property, and that if it had been properly maintained by the Ci0, then it would not be a dangerous condition of public property. If it had been properly designed when it was constructed, it would not be a dangerous condition, in which case there would not be liability. Cm. Oravetz stated: A kdd goes down to the creek and, in the worst case scenario, drowns. Now what happens? Ms. Silver stated: Again, Ihe City can be sued, but the City has certain immunities from suit. There is a risk of liabiliO, when the City owns anyproperty. Mayor Lockhart stated: Any trail. ¥©~UM'E 22 REG ~3rLA EP~ MEET}lNG PAG~B 3~.2 Cm. Oravetz stated: I a~ree, but are we accepting more liability as a CiO' now by opening up these sates? As a City, as taxpayers? Ms. Silver stated: You're accepting more only to the extent that you have another lrail along a creek. ~he City currently has trails along creeks, so il is not any greater potential Iiabili(I than the CiOr already has with respecI to other trails in the City, other sheets in the Ci~v~ and the trails along creeks in the City. Cm. Oravetz stated: So we would be exposing ourselves to more risk than il has today. Mr. Ambrose stated: As a Cilygrows, you're going to have more risk because it has more facilities. Cm. Oravetz stated: Okay, and that answered my question. Mayor Lockhart stated: There are a number of speaker slips this evenin$, and I will start with them as they were turned in. If we have time, we will read into the record the .other comments. If no61 will mMre sure theyget to the City Clerk and get included in the official record for those who did not wish to speak, but left comments. Please remember we are $oin$ Io Iry to keep il to three minutes, and respecI each olhers right to hear the comments and receive them, and just maintain decorum. We will ail do much better it we do. Stephen Safos, Crossridge Road, stated: A couple of thi~gs co, cern me about Ihe whole project. First of aIl, it is a cul-de-sac, and it is going to be a trail head at that location so we are going to have parto'ng issues as we already do have and traffic issues, as well. A lot of kdds play in the street, and I am afraid that what's going to happen is that more cars coming down pretty fast is going to increase the possibility of an accident. After reading all of Staff's information, l had a question about the wildlife issue. There is a lot of wildlife along that creek bed and a 1o! of birds nesl down there. A lot of limes you have mallards down there nesting, you have the ducMings, and deer. With people encroaching on Ihal area, there is going lo be some disturbance of wildlife down there. The wildlife, When it comes in, is noticing to notice that it's a paved road They are still going to start to nest down there, and that's going to be disturbed Again, I am concerned about the security. With more traffic, and that is a rather isolated area, we are going to have more possible break-ins. I can't say that for sure, but I Would be worried about that We're going to have people along that trail because it is very isolated and you are not$oing to be able to see them. I am concerned about the safety of people. There are a lot of peopie that Wa]k around there, and again, being any isolated area, there is a possibiliP of attack. The other issue here, is this whole project seems to have CNi'Y C6~UN{IL ~dP~'UTES VOLUME 22 REG~iLAR MEETING PAGE, 313 come together without anybody knowing about it, so I am not sure if this was part of the master plan or this is something you guys thought of and decided to act upon. But we did not find about this as residents until several weeks ago. It seemed to be pretty far alon~, as far as the project is concerned, so I am a little upset about the fact that we were not notified that any of this was tala'ng place. Thank you. Margarita Macias, Shady Creek Road, stated: I'm here again today and I thank you for letting me talk. I'm still very concerned about the safety issues, especially the safety of the children playing in that creek when it is running very, very fast. Only if you live there, you can see how fast it can go. And it goes very high, that is why when we had the walk, you could see how the erosion was in every side of it. Another thing that we find out is that, close to my home, there are three sexual abusers living in either the apartments or the projects. So we open this gates, we open the gates to these people. Our children are safe right now, and Fm just asla'ng you to please really think about this for the children and our own safety. We don't want one of our neighbors to be lulled in that creek. Now we can enjoy the creek. We don't want to cry because we lost a friend or a child. Thank you. Mayor Lockhart indicated that the next speaker was Helga Small. An unidentified person advised that Helga Small had left. Alicia Weir, Oxford Circle, stated: I live quite close to Alamo Creek Park. Alamo Creek Park is a place anyone could go to; it's a public park, and anybody does go there. One thing I like about the park is that I can walk there alone or take my dog. Or, during the summer when my grandsons are practicing soccer late afternoon to get ready for the games that the Dublin Soccer seasons is going to be pu~'ng on in the Fa11~ I can go down there and watch them, and watch the boys run their Iaps around the field. I can aisc just sit down there are watch all the myriad activities that go on in the park, like the children and the mothers down on the playground equipment and the boys and the men playing basketball on the basketball court. I might see a son and his father as they are trying to learn how to bat a balZ All these things make the park very reaI to me, and I can hear the voices of.many different ianguages spoken as Igc around. Another thing I often witness are the balloons and congregation of people who are at the picnic tables celebrating a birthday or some other occasion. And, I can see that the park is a very useful place. In the winter time, I can go over on the bridge and I can look down into the water and see how.much it has swollen after a rain. There is bicycling around the parks, skateboarding, and rolierblading. It is a very busyplace. But, as in any other public place, it takes a police surveillance to make sure that the park is being used properly, and so usually a policeman does come around periodica!ly and checks on R.EG ~i;LAR NIEET!~NG things. The boys that are standing on top of the restrooms have to be told roger doyen. And so, as I think that we don't really need to have another trail because we have this park, and we have the bridge that leads over the creek and on down to Amador Valley Boulevard, and from there, to the Iron Horse Trail. What I like about it, is that the bridge and the pathway, the bike path that we could use is visible, is instantly visible. It is safe and it respects wildlife and property. I think we should keep it that way. Patty Bias, Oxford Circk, stated: I am the former President of the Woodlands Association, and the proposed trail is going to come right behind our homes. I am the person that has the home with the 6'setback, so I'm the closest. Iknow that you used to live there, so I I'~ow that you know where, probably, I live. Literally, they will be able to, closer to this po~h'um, look in my bedroom, to look at mypatio and our town homes there. I know when you took the walk, you could see that we don't really have a backyard. We only have a front yard, and they are only little white picket fence, so there is nowhere to hide. So literally, everyone will be walla'ng by loolu'ng right in my living room. 12 trying not to be emotional, so if my voice is cracking, I apologize for that, but I really wish that you all would reconsider this. I've taken a lot of great pride in living in Dublin. I've been on a couple of committees for the community. I paid a lot more money, over $i0,000, for the creek side location, which now is going to be ruined if you put in that bike path. I think that you've got enough bike paths, and I think Alicia was bringing that out and pointing out about having the park there. We do have the public near to us there, and i/s a very nice park. I know they you are lootn'ng at that money, and you don't want to lose that money. What I would like for you to consider is putting the path somewhere else, and I would certainly volunteer to be on any committee to look to put it somewhere where it is not going to bother the residents. You lost quite a few people this evening because of the other thing tal~'ng so much time, and we had a lot more people here. So I think you've been hearing from a lot of us about how unhappy we are about opening that up and bringing all of this public into our community. And, actually, it doesn't really hook up to Iron Horse Trail. Iron Horse Trail is three blocks down, so I don't know howpeople are thinkdng it hooks up there. Again, I know that you have seen these pictures of the water, but I don't think that that is something to say that we shouldn'tpay any attention to. And, once you've opened it up, I don't know ho~ unless you are going to stand a guard at either end, that you are going to keep people out of there. And that water is high, and in comes up to the hail because I've got pictures of it, so I don't know where the other measurements were coming from. But literally, it comes even w~'th it. It was quite extensive this last year. I was very surprised myself I just want to point out to you that as a single person, and there are quite a lot of single ladies that live along there, that you'rejustgoing to have me absolutely scared to death with that public standing out there loolu'ng in my home. So, Ireally wish you would consider lool~'ng at alternate places and not ruining literally, our lives. I like C~TY C©UNC~L M~NUTES PAGE 315 were I live; I like my neighbors and, trying not to be emotional, I really beg you to reconsider this a~scussion and to please listen to your citizens and your voters. Thanks for Iistenin g. Aimee Auer, Crossridge Road, stated: All of us have spent and sacdficecl countless hours of family time, personai time, worMn$ time researching and calling and ioo~'ng on the internet, just finding ways we can gather information and organize and consolidate all of our findings. We have iots of letters that have been or ~dli be submitted regarding our findings, provided by lawyem and a biologist. We hope that these findings and conclusions by the expects are strongly heard i'm not an expect in any of the late~ but I am an expect in one thing and that is my family. Same thin~ I don't want to get emotional either. My central concern is that this trail wouidjeopardize the safety of my family, and I'm sorry to say there is no expert with any level of statistic that can change my view. i have two small children, and one on the way, and my job is to provide them with the best environment I can. I'm fearful of the fact that, since the trail will be open to the public permanently, it wilI not only attract good citizens who are interested in respecting the trail~ like ourselves, but others that are interested in criminal activity. I think it's naive to think that aIl the people that are using the trail are good people. AIl communities, aII societies, have criminaIs and these types of people. They are actuaIly in the daily news, as we speak. Last night, I'm sure you'Ve aII heard of the horrible incidents that have happened I'm extremely concerned that with this access on the trail there's going to come a loss of my family's sentiment of safety, the joss of ourprivacy, and the potentiaI for harm toward my family. I have found many webz'tes citing the same, one research that 8boWs that most people become more lax about their concerns after Ibis trail is built. But I can assure you that their concerns are lessened because they felt there's nOthing they can do now to stop it. Aside from Iiving in misery, what choice is Ieft? The! accept il, just as we accept ali other anno3dng disturbances in our lives, yet those disturbances are stilI present. And, just because peopIe eventuaIIy get used to these disturbances, t. hese negative things, that shouldn't be an argument to support it. The irony of this IraiI is that when we moved from San jose to 17ubIin, specificaIiy because we Iived under a Ilightpath adjacenl to yighway 87, a mile from the CounO~jail, a mile from juvenile hay, we drove up to this house and said it's so quite, so peacefuI, iI feels so safe here. And, precisely bought the house because of that. That's where we are coming from; we had no idea that there was pIanning to be a bike path behind our home. Needless to say, the home we bought is free from any of the disturbances we felt in our first home, and is the most idem Iocation for my family. Tonight's Vote has the potential to change ali of that. This vote of supporting the trail pMII forever change our attitudes and feeIings, our sentiments tbr where we IiVe. Our homes where we Iive each and every day, where our children play, where we have paid a premium to enjoy the luxury of the Iocation through our mortgages and our taxes. Where we ~nt to remain as it is VC~L,~_j'B4~ E 22, regardless of funding that may have been applied for. We see this trail as a threat and as an adverse change to the quality of our lives, and we hope that you can put yourselves in our shoes and feel the severity and the passion that we ail feel regarding this issue. Thank you /bt your 12'me. David Cowden~ Oxford Circle, showed photos and stated that: What we are seeing here tonight is the passion from the 67 homeowners that live along this creek. The 67 homeowners along this creek are adamantly against this, save for one perhaps. Showing the photos, he advised that the first view was along the east side of the creek. As you can see it's a wide avenue; R affords an excellent dew of the creek. It's a very quiet, pastoral area. The next view is loola'ng south from Amador Valiey. The next view is the entrance heading north, across Amador Valley, across the sheet into Wildwood. To the left would be the creek bed. I'm trying to remain calm about this. This has been vezy disturbing to me and my neig,~bors. We have made passionate pleas to the Council to listen to us. We're very concerned that we're not being heard. We hope that's not true. Ireally can't go on; I~rn speechless. Fm just hoping to God that you 'll please listen to us and not pass this. WE can't just allow money to make this happen. I apologize. Fve been preparing for this mentally for weeks. I can't sleep at night. Ail of us are in the same boat, and I apologize. I wanted to really give an impassioned plea tonight and play on your sympathies. I hope that that's going to happen, but please listen to us. I hope the others can speak better than I can. Fm very emotional about this. I love this area; we have a beautiful home, and you're destroying my life. You 're destroying the sanctity of these people's life. And you can't do that. In good conscience, you can't do that. Thank you. Gary Porin, Oxford Circle~ stated: /n the Agenda Statement that was prepared in response to the questions that were raised in the last meeting that the statement on the issue of the Alamo Creek bike path does not address disruption to the property owners adjacent to the proposed trail or the loss of value to theirproperty due to the close proximity of the trail to theirproperties. I would like to note for the record that the Council must seriously consider this issue to the ultimate potential impact on the homeowner's property values, and consequently the liabili(y to the City in effect by causing a tala'ng of the homeowner's property by the City. Allen Moore~ Land Use Attorney with Gagen~ McCoy, McMahon & Armstrong in Danville, stated: Our offices represent Dave and Terry Davis, and several of the other neighbors that are here tonight with houses that front along the creek. Since we don't have a map up, would you put the plat of the whole creek area on the screen again? (Request complied with) As shown on the maps, and as shown in yourpacket, the folks that I represented for the past several weeks, and walked the site with, generally live C~TY C©UNC~'L M~NEJTE8 VOLUME 22 REGULAR }viEEI'~NG PAGE 3!7 right along the path. Along Shady Creek goad, along Crossridge Road that terminates up to the end of the cul-de-sac, along Oxford Circle where the town homes and condos are, and Oxford Place. Those are the folks that are the most affected, and those are the folks that are in near unanimous opposition to the path. Our office has dralled a legal letter dated today, May 30. I'm going to hand that in for the administrative record to the City Clerk (copy received). That's lo'nd cfa lengthy legal letter telling the legal reasons why we oppose the bike path. The letter attaches, as Attachment A, the substance of the project impact reasons why the bike path and pedestrian path should be denied. I'm not going to read that letter to you in the interest in time. I would ask that just a couple of minutes over the three minutes because 171 be spealo'ng for several people. I just want to address two points in that letter and then I will sit down. The first point I want to address is a legal point, and that point is that it is clear under exis~'ng law that the project should not be subject to a categorical exemption. This project deserves full environmental review under the Cahfornia Environmental Quality Act. By full review, I don't necessarily mean an EIR, I just mean the basic initial study that's generally required when anybody proposes a project. Generally, when any project is proposed, Staff does an initial study, there's a lengthy checldist, and on that checklist it has things like privacy, property values, aesthetics, crime, concerns about noise, safety, the water issues. Ali those are on the initial study checMist that is routinely done under CEQA. Staff didn't do that checMist here. They haven't done it yet, and theypropose not to do it at ail That checMist would identifypotenfial significant impacts, and then pursuant to that identification, Staff could propose mitigation measures to help these people or it could be considered that the project should be denied. That hasn't been done because it's been Staff's determination early on here that this project is exempt from CEQA, don't have to follow it. Now what are they basing that exemption on? They base it upon Section 15301 of the guidelines which provide that minor repair or alternation of existing facilities may be exempt. I'm going to read you, so it's not just lawyering, here's the section. Class 1, Existing Facilities consists of the repair, maintenance, permitting, leasing, licensing or minor alteration of existing public orprivate facilities or topographical features involving negligible or no expansion of use beyond that existing at the time of your determination. So there are two factors there. 1) Are we talking about the minor alteration of an existing faciliOG and 3) Are we tailo'ng about no expansion of that use. On both counts, no. On both counts, this exemption clearly does not apply. 7~nere is no existing facility there. The existing property, as we lo'nd of determined at the outset here, is property that is owned by Zone 7 Water District, I guess in fee. There is not an exisling public right-of-way that we're going to do a minor alteration. If fact, we're creating a new right-of-way. The project description in the agenda tonight is the creation cfa new bicycle path and pedestrian path. That's a project. It's a Project under CEQA; categorical exemption does not apply. The second consideration under Ihal section is, does the project involve negligible or no expansion PAGE 3! 8 o£an existing use? If there is no expansion of the use, okay then the categorical exemption applies. Conversely, if there is any expansion of the existing use, you can't use this exemption; you have to do the checklist that I referred to. What do we have here? We have the Zone 7 Water Agency area that is used once a month, according to your Staff £eport; that's what we have now. That's the baseline for environmental review. Closed to the public; that's what we have now. What is proposed? A right~of- way open to the public seven days a week forpedestrian and bicycle use. So we're going from no use at any time by no one, to use all the time for everything by everyone. That's an increase in use. There's no question. And, generally when I give legal advice to neighbors like this where I give public testimony, and I'm a Planning Commissioner mysel£for the City of Walnut Creek, I'm conservative. I say this is a gray area that could go either way. This is clear. It's clear that the exemption does not apply as a matter of law. My final point would be, and Fll wrap up, aside from the legal point which I'm certain of, look at R from a fairness standpoint. I also walked the property and went upstairs and looked at the bedrooms of the folks that are in the condos on Oxford Circle. This isn't property like the Iron Horse Trail like we saw earlier on the nicer slides with the big setbacks. The people on Oxford Circle (pointed out on slide) have no rear yards. Their rear yards are Oxford Circle itself, and that feeds right into their garage. They have no side yards, unlike the Iron Horse properties. No side yard setbacks. The property right adjacent to them is another town house. Ail they have for the use and enjoyment of their house is a small strip of front yard Particularly some of these folks that talked tonighI; that's aIl they have. And the Ci~Y is proposing to put a public trail right adjacent to Ihat. In my view, that's a taIo'ng of all their use and enjoyment. When they want to have a talk with their family member out in the front of their house, because that's the only place, they have no side or back yard That's the only place they can sit. If you go up in their bedrooms upstairs, the sound from that trail will rise right up, so what you'll have them doing in the daHime is keeping their bedroom windows closed and their shades closed, such to protect theirprivacy. It's simply not fair. Aside from the legal statement I made, that's not fair from a privacy standpoint and ff's not good land use planning in our view. That's aIl l have. Thank you. Victor Macias, Jr., Shady Creek Road, stated: Ifl can go to the situation with critters or animals that live in the creek area. A while back a classmate of mine invited me to his house, pulled out a bb gun and said would you like to take Y out to the creek and shoot some critters. Of course, I respect those Weapons and I told him no that I didn't want to shoot any critters of any sort, that I didn't Want to damage anHhin$ of that park because I livejust five feet from the trail. I've been living there since I was born, so I know how ii is to see deer and everything. To see these animals leave because of lo'ds that do those lhings is lo'~d of scary because you won't see those animals, but just shrubbery. Maybe little critters like the swallows might be there or somethin5 but not as much as they C~"FY C©UNCH~ M~NUTES V©LUME 22 REGUL~,kR MEETP4G PAGE 31i 9 used to be. The other thing is that if you remember in the December rains how the cree~ during the 16~h through the Zt~h~ WaS up real high. One night we heard some l~ds or like some people having a balljust goin$ down it w~th a raft. And somebody eventually repor~ed it, but that~ what they ~'d on that night. ~ose are a few of the things. Another thing just real quic~ is if you walked the ~ai~ you remember seeing this turn near the en~ at the top where Cr~srid~e is. It~ pre~ sha~, and if you~e a bicyclisl and youke a ~ there~ a lot of youn$ ~'ds that live there, they ~end to do things like 5o do~ at great speeds or thin$s like tha~ regardless of speed limits and they want to cut the turns as fast as they can. Jeanne DeSaix, Crossr~dge Road, stated: I've been a resident al ~d$e Creel that~ what R used to be called when we bought our homes lgyears a$o~ and my husband and my family live there. Obviously we bought R for a lot of different reasons. I grew up in the ~s Angeles area and in not too $~d of ~ area. R was ve~ dangerous; I was not really allowed to get outside ve~ much because ora lot of the shootings and the crime and all that. ~en we lwated up here, one of the reasons we both liked the ~'dge Creek area was because we though~ and this is what we were tolg is that that area where the proposed path is $oin$ to 5o, was just for maintenance vehicles and fire emergenc3 ~en we would wall my dau$hte6 my son when I walked them in their strollers, we would go alon$ Fall Creel which runs parallel to the first pa~ of the trai( and we'd also walk alon$ Wildwood Roag that runs parallel to the other side. We thought isn't this $rea~ we live in a City that respects human life. ~eyput fences right near the sidewalk. We can see the creeL' we van see the wild animals. We van see all these thin$s, but weke protecte~ So we had our sidewall we were able to wall $o across safely at the crosswalL not in the middle of the street where the new signals is, if youke familiar ~th the area. I think there is$oin$ to be a bigproblem there, if you~e going to have a bike path crossing ~th people com~s through the signaZ We thought it was wonderful that the City had thought fomard and said weke going to protect the people that live here. We thought theyput the fence up for us. We would always walk along that path, and we could always walk do~ Amador Valley toward Iron Horse Trail. I guess what I~ ~S to say is please consider just a couple of the points that I have made. I do believe it is ve~possible that it~ probably likely that there~ going to be a negagve effect on our securi~ and there~ already a loiteringproblem in the park. We do call the police on occasion, and especially for the hills I think this is $oin$ to add the problem. Even lhou$h the park~ closeg they~e still back there. It can be dangerous. ~e other thing that I said is tha~ I really believe that I und~stand the money issue. I understand mone3 and I've been in business for a IonS n~e. I think that if the money is su~lus, and I think it said that it could be re-appwpriated for something else~ but maybe R could $o for the light that they need up at Silvergate, up near the VCC prope~ because they really need it. ~at~ what I would do with it. That~ all l have to sa3 I C ~TY CO'UN-C ~TE PAGE .320 really am pleading; I'm not aska'~, I am pleading that you think about it and put yourselves into our shoes. And~ how would you like to be siring in your backward with your newborn baby nursing and having someone wall~'ng through your backward I don't' think you'd like it very much, and the men, if you can't relate, find a woman that can. William Oliver, Shady Creek Road, stated: I'd like to address another issue and it does relate to the $107,000 that you got in the categorical exemption. We have been in contact with the Transportation Fund for Clean Ai6 a David Butch, and got basically a summary of what they$ive that money out for. There are a couple of inconsistencies that are in my mind that I'd like cleared up tonight if possible. W~at we heard from David Burch is that the purposes of releasing this funding was for geRingpeople out of cars, in other words to reduce emissions. He gave us sort cfa thumbnail 3uideline that on the order of $10,O00 for eve~ 50 cars that you mi$ht get off the road We also heard from him that they would not release funding if the primarilypu~ose of the payoff was for recreation or aesthetic pu~oses. It is for a purpose to allowpeople to $o to worL' school or shopping. In other words, let~ ~etpeople usin$ their bikes to do that ~stead of their cars. ~ey would not release funding if there was an existin$path. ~ose are ~he things that we h~rd Now if we were to take that $1~O00per 50 cars and extrapolate that to $10~000, and you had been granted a $10~000, then if we go on that tach you~e estiman~S 500 cars to be off the road ~at that tells me is it doesn't seem logical tha6 if you use that as an argument when you apply for your application, that would ~ a minimal impact use, number one. Number two, on the other hang got a couple o( in the Ci~ statement for May ~, it~ indicated in here, quote '~taff anticipates that this trail would be used p~marily as a j~in3 wal~S ~ail by the people li~n$ in this nei~hborh~ ~e pathway would ultimately connect to other trails, but would not be a major re~onal ~aiZ So, it doesn't look to me like your intend~ purpose of the trail is to set people off the streets from that statement. You get a similar statement on the Ci~ agenda Council meen~s dated toda% May 2&~ on page of 4 which basically says the same thing. If you went ~th the other thing, on the bicycle trai( there are several exisn~s ~ails that we ~ow o~ and so I~ wondering where you Sot the funding. I have a copy of the TFCA Regional Fund Summa~ Guidelines, and what they say on page 9 on the boRom in a note says, '~rojevts that will be used primarily for recreational bike use ave not likely to compete successfully for TFCA funds. Off road bicycle paths t~ically have higher costs, these projects generally do not score well unless required TFCA funding amount is modest." So, I'd like to find out what was in that ap~ivaabn~ and I think we are going to conn~ue our invesnkanbn to see how you sot that $10~000, Because what were he,ins from the TFCA and what were seeing ~iRen do~ here at your o~ agenda meetings confuse me, and I~ su~ they confuse some other people. C~TY COU;~JC~L REGULz3~R 3diE ET~NG Diane Cowden, Oxford Circle, showed several slides and stated: WhatI'dlike to do is do a comparison of the otherpaths in Dublin because you've cited those in your documents that we should look at those. Now this first one is part of the Iron Horse Trail and it's south of Dougherty Road at Scarlett Place. This is a housing track located along the existing trail that is in a high traffic area, and homebuyers have already bought into that under those conditions; it's not something that's been done to them after the fact. Then you have north of Dougher&, you have the Park Sierra Apartments. These apartment complexes are in two sections. I'm not quite sure why, but this one section doesn't have ail the gating like the second section does. But, it's la'nd of difficult to compare apartment living with personal homes. I mean, the attachment is much different, and these people, if they find something difficult to deal with, they can move on. Homeowners have invested so much money, and so much of their lives in it. And something like this that comes in to it, we can't move on. And I think that's a really big point because a lot of the trails are along apartment complexes. Further on down, they have an apartment complex with a locked gate. And they have gates that I don't know exactly how they open up but they shut. So there is so much securi& in there in that area. Now we go onto the entrance off of Amador Valley. Again, it goes by an apartment complex and then it goes by an area called Arroyo Vista housing project, and that even has a fence. They don't even have a view of thatpath. And then we go on to the Amador Valley Boulevard, where the main strip for the Iron Horse Trail is. And, this is nora nalural settin&' it doesn't look like anything what we look at. And, if you look at what I'm calling a drainage ditch. I don't know how you can compare that to a creek bed that is much wider than that, much deeper then that. I just don't see your comparison. And also, these people, do you see the distance they are from the path? But also, that was there when they moved there. They bought into that. The next one that you asked us to look at was the Iron Horse Trail in San Ramon at Alcosta. As you can see, again, this was a path that was there before these homes were put there. They have this wide area that has veryprettyplanting, and then it comes up against an eight foot concrete wail. And again, I sound like a broken record, it was there, and an open space, and a trail when they bought. Now we go to the Mara'n Canyon Creek Trail; it's up in the Hansen Hill area. As you can see, this is a single file walla'ng trail, not a bike path. Houses are at a greater distance and they are up the hill. This is a very short trail, with no real incenlive to use it, and it dead ends. There are no connectors to it, like an active park area or school walla'ngpaths orpublic access. It's in a very remote isolated area in a housing tract, andit does not draw residents from other areas in the City. The trail was also a park of the original development. Just because this was one that the Mayor had drawn a lot of alien,'on to, especially on our walk, had I compared Hansen Hill vdth our area, and yes I had. But I went back a second time and this time I talked to residents. C~TY COU'NC~L M.~NUTES 'VOLUME 22 REGULAR MEE"F~NG ~he residents that I talked with are up on that higherpart, said that they don't even see that path, it's so far down. Mayor Lockhart asked: Did you walk all the way to the end? Ms. Cowden Stated: Yes, we did. And so they said, they h'ved at 11443 Bay Laurel, his name was l~bk Salsman. One of the things they said, it kind of ties in with what was happening here tonight, was he had no problem with that trail because it isn't a problem. What he had a problem with was the traffic in the front of his house. I thought that was kind of interesting. The path does not get a lot of use, he said, and especially not from outside people. And the distance from him which is down hill, and the amount of growth keeps any view or noise from him. If it had been a much more visible, closer trail, as I was telling him what we were contending with, he said he would not have been a~reeable to it at the time of his purchase. He sympathized with us and wished me luck. And I asked ifI could use his name. Then I went to the very beginning of the trail because I thought that that was really significant because the person at the very beginning, his home is right on it. And so I thought, I'm going to really hear some negative things from this fellow. Andhe said, and his name was Brian Patterman at 11556 Bay Laurel, said he was aware of the trail when he purchased his home. He said the only issue was who was going to maintain it, either the homeowners' association or the City, which it wound up being the City. And he said it is rarely used, and he said it's just too rural to invite outside use. Now we go to the Tassajara Creek. Mayor Lockhart asked the speaker to finalize her comments up. Ms. Cowden stated '{/~n almost done. We go to the Tassajara Creek and this path also was a part of the original development. And this particular area right here, the houses are all the way across the street and then you go to where the path is and then this is what they have beyond that. It's all open space. And, then on the other areas, there are fences and gated entrances for the residential area. Mayor Lockhart stated: Thegates remain open. Ms. Cowden agreed and stated "And there's really no access from Dublin Boulevard because there is no where to park on Dublin Boulevard, so a passerby isn't going to stop and take that. They are aotually$oing to have to come into the residential area to take that. Mayor Lockhart stated: Theypark at the center and come over. CITY COUNCIL MINUTES REGULAR ?.3/~EETING PAGE 323~ Ms. Cowden stated: '~Just a couple o£notes on the Alamo Creek. I don't feel that any of the otherpaths or trails fit the uniqueness of our area. And, all of them were part of the original development, and I think that's a really keypoint here. And, you just don't see the natural habitat that we have there, and the untouched area. And you don't see a year-round tlowing stream. We feel that securi~ is a issue; there are too manyplaces for someone to conceal themselves, and the natural vegetation along the Alamo Creek. The Woodland Condominiums, as was said before, have their main streets at the rear, high traffic passes right under our bedroom and bathroom windows. And the only refuge we have is that h'ny space in front of our condo. And there are no yards or solid fences in that area to separate us from the path. John T. Collins, Sr., Allegheny Drive, asked: Is there a chance it might be extended to the north and south if it was built? Mayor Lockha~ stated: Contra Costa County is to Ibc north, and there is a trail that comes down from the north to the street that would then connect with this trail. Mr. Collins stated: I'm ask3ng about the south side of Amador. Mr. Thompson stated: The City has a proposal to do a path on the north side o£Amador Valley Boulevard to tie it to both Dougherty and to the Iron Horse Trail. Mr. Collins reiterated: I was asla'ng about the south side. ~he reason why I'm asl~'ng is if it could be extended to the south side, it would come right down here and you could ride down lo the library and lo City Hall right on it. Mayor Lockhart stated: There is a trail that will come right to the library. Mr. Collins stated: For Irc of Ibc people who spoke before, Ihey were told by the people who sold them their house, ll~ey were told a lie. One said, "In my isolated place." Isolated7 It's got populated streets on either side, except where the trail is in the undeveloped park, and there it's on the opposite side of the creek from the developed secO'on. By the way, you might mention that that whole thing could be a park, and a pre~ty nice park, sometime on Ibc other side of the hill from them. One said, "The people who left here were waiting for Ibis. "Most of Ibc people left were here for the Valley Christian issue° There will be bad people on the trail or on the streets you're driving on, perhaps si~'ng next to you out there in Ibc audience. Or Ialla'ng even, perhaps. But, lhaI's what I mean; it's not an unusual thing, or an exceptional thin~, or something you should be afraid of. The one who said, "We moved because we were a mile from a prison." Well, I hate to tell you, but you moved to within a mile to a prison. REGULAR MEETING -~4~y 20,, 2003 Santa le'ta is right on the other side of Parks. As you probablyguessed, I'm supporting the trail. One other thin~, if you can't do it there, I'd be happy to have you put R against the one behind me. Burr Cain, Oxford Circle, showed a map of the area and stated: Ithank the Counciland Staff for talu'n$ the field trip and loolu'ng at Alamo Creek. I do feel it's rather unfortunate that you didn't have the opportunity to look at a little more of the area than just the creek. Because you already have existing facilities in that area that sene the purpose you're trying to develop. If you look at this map, that's Amador Valley, that's Oougher~ Road, that's Willow Creek, this is all Camp Parks. Running the len3~h of Camp Parks on the east side of Dougherty Road is a Class One bicycle path. Interestingly enough, I didn't realize, there are actually three types of bike paths. As you go in here, off of Amador Valley onto Wildwood, as someone menh'oned earlier, this is a rather quiet area because the onlypeople that really use it are the ones that are getting into this community. So you have a very quiet, two-way street in here, and you have a sidewalk and a fence that looks down over the creek. And in reality, the view from that sidewalk is a lot better than the view from the other side. As you go across here, now you're getting to Fall Creek Road. And on Fall Creek Road, again, you have the same thing. You have a nice sidewalk and a nice wide street and the opportunity to look at Alamo Creek and look at the vegetation and the wildlife without going to the west side of the creek. You have stoplights at Amador Valley Boulevard. You have a stoplight at Willow Creek, so that bicycle passengers orpedestrians can cross at either one of those spots. So, why do we need another bike path; why do we need another trail? We already have it. Point number two, if you examine the City of Dublin Master Plan, 1994, the Parks ~ Recreation Master Plan, you read certain things into it. And what I mean is to say that everything that's written is subject to interpretation. But let's look at some of the things that are written in it. In the Trial Plan Section, the goal is the preserve the visual quality of the hills and creeks that contribute to the character of DublM. $.2: Encourage the prese.~ation of ridgelines, riparian corridors and within oak woodland areas so that these natural resources may be a part of the open space system. $. G: Emphasizes the protection of wildlife habitats and corridors. If you move down to Community Image and Character, 4.B, it says "protect and emphasize the layout of neighborhood." On Page 71 it says, "Special wildlife habitat areas should be protected from access." Ail of these things seem pretty straight forward to me. Why are we discussing this issue? Ed Sanchez, Shady Creek Road, stated: A thank you is in order for you guys for actually beingpatient and listing to us, but I think the jury might still be out on whether or not you're actually hearing us. Madame Mayor, you stated at the last meeh'ng that wouldn't it be nice to open this trail for the residents. But you're hearing from us and many concerned residents and we really don't want it open. For the most part, we are long- Ci~T¥ C©{!NC~L M!NUTES VOLUME 22 REGULAR MEETING term, if not original, residents of the Willow Creek development. We're not just renters who may stay for a year or so and then move on to another city. We are homeowners of 15 - 18 years plus. We pay our taxes here, we do our shopping here, we send our children to your schools. Yet Fm very surprised at the fact that youYe not listened to our concerns. You've walked the trail, you've seen some o~ the potential haz~rds~ ~nd you do not ~ppe~r to be concerned about the residents and the wildlife issues. So if we can't seem roger to your he~s ~nd emotions, m~ybe we~l t~ the intelligence ~nd conscience. So I h~vejust ~ few things, firs~ R w~s stated in t~e l~st Council meetin~ that this bike p~th will enhance the v~lue of our homes. I quote ~rom my original ~ppr~i~ "~e lot b~cks to ~n open are~ wh/ch provides privacy ~nd enhances market v~lue. ~ Seeon~ why is it as ~ homeo~eg ~nd in tal~g ~th the other homeo~ers that I really ~'dn~t ~ow unhl this issue came up, that the dev~oper would make such ~ statement that the Alamo Creek would never be touched7 ~ey had to talk to somebody ~bout it. In sp~S with some l~wers ~nd land use developers, they seem to be ~ liRle ~pp~lled by this issue; it just s~ms to be ~ poor l~nd use decision. No~ we ~11 live ~th ~ conscience, ~nd I h~ve no ide~ how you would feel if there~ ~ negative outcome on this trail. I~ow we just heard about a lady that~ot beaten to death on a regional ~aiL I just learned of three sex o~enders that live in this proximit~ I don ~t like to think or even speak about ~hese t~es of issues~ but we are tal~h$ about p~ble dro~in~s~ beatin~ rapes and murders just due to the general terrain of the path and the creek. In closin~ should you vote to open this bike trai~ would you please make sure that you have enough money for additional fencin~ to secure my propert~ alon~ ~th signs stating that it is private prope~y and no ~espassing? You ~ow ~he old statement of the squea~ wheel that gets the oil? I hope IYe been able to convey logistic information, and when you go to vote, you will re--tuber the squea~ wheel. Trevor Auer, Crossridge Road, distributed a le~er to the Council and stated: I wouldlike to enter into the pubhb record ~ leRer from Stua~ Hashman, ARorne~ ~Thin it s~cifically spea~ to the CEQA .~hbe of Exemption. There is ~n a~hment ~o tha~' ~ statement from a biologist that speaks to the presence, or likely utilization, of the Alamo Creek area by the red-le~ed fro~ which is ~ f~erallyprot~t~ endangered species. I don~t want to take too much ~e tal~g about the categorical exemphbns that have been ~cussed previousl% but I do want to hit ~ couple of hi$h points. Firs~ the Class 1 Cate~orical Exemption is apphbable based on where no negligible chan~ing use. It doesn't speak to const~tion means and methods. It doesn't speak to the impact of such a project' that~ the p~pose of an EIR or ~ Negative Declaration statement for which one has not been proposed orput ~ard in the context of this project. Ce~ainly the use is not '~o chan~e in use'" and I would argue that it~ not negligible ~oing from probabIy a 4-man crew once a month to, conse~afivel~ 35people a day for nine months out of the year. If you just l~k at the total number of person hours, it~ an as~onomical increase C~T'¥ COUN~OTL, in just the amount of people on that trail, in terms of time. I do want to speak brie.qy in terms of the Class 4 Exemption, which speaks to minor alternations to the land. Class 4 (h) speaks specifically to con ver~ing existing rights-of-way to a bike path, and eve~dy would say '~e~ that~ ~ slam dunk. ~' Howeveg eye, one should notice that that is qualihbd by Section 15300.2 fxemptious, and I can read from that right now. ~sie~ll~ w~at that says is that Classes ~ 4~ ~ 8 and 11, miud you th~t~ five exemptions out of 32~ that ~re ~fford~ h~ve this specific loc~abu exempabu~ and theyke qualified by eon4deration of where the projeet~ to be loc~te~ That is to s~ that a project that is ordinarilyinsignifie~nt in its impact on the en~ronmen~ mayin a particularly sensitive area~ be si~ificant. A~ain~ this is one exemption of five that are listed of the ~3. Ce~ainly in a case where it~ ~d ora push which wayyou should go~ you should probably err towards the more conse~ative~ and at least do a ~egative Dec~ if not a ElK ~e leRer that I~ pro,ding and submi~g into the public record from the aRomey says that we have somethin$ from a biologist here that su~ests that this is a good habitat for the r~-le~ed frog. One of the pro~sions of the CEQA lan~uage~ basically S~tion 15~4 ~)~ dete~ining the significance of en~ronmental impacts~ says tha~ 'qf there b a disagreement among expels suppled by facts over the significance of an impact on the environmen~ the lead agency shall treat the effect as significant and prepare an EIR. ~ We have a difference of opinion here. Your bi~ogist who did a su~e~ ~'d not... '~ Mayor ~c~art ~ter~pted and asked: Did your bi~o~ist do a s~ey? ~. Auer stated: Yes~ it~ aHached to the leHer. He ~'d go out. Mayor ~c~a~ asked: How did he ~et onto the proper~? ~. Auer stat~: We re~ested permission from Zone 7 to ~et onto the prope~ and he was allow~ on the prope~y through permission of Zone Z Mayor ~c~art asked: ~d he ~ a first hand su~ey? ~. Auer stated: Yes. So, basically what we have b a difference of opinion here~ which drives the need for at least a Kegative Dec, if not an EIR. We have two categorical exemphbns which are fuzx~ if not just ~at out not aceeptable~ and I wouldjust petition ~ha~ if for no other reason than to abide by the leRer of the la~ ce~inly the intent and the spirit that fu~her inve~igation needs to be done before this proj~t is approved just on the environmental impacts alone. C~TY COUNC~iL M~.NUTES REG !:!iLAR PAG~ 321 David Davis, Crossridge Road, stated: One thing I would like to say is that ail of the park areas, all of the trails that exist, and we do have a really quite unique trail system in place as alreadypointed out. The standards of this new trail are not up to the standards of the existing trails, in that they don't provide the protection from the creek itself. They don't provide this fence. Every section of this creek that we're talking about, and these existing trails, have a fence to keep the la'ds out of the creek, to keep the dogs out of the creek. This new section, which in reality is a duplication of what's already there, does not have a fence. There is no fence proposed because we simply don't have the funds to put this fence in. I'm talla'ng about the riparian zone and the trail itself. Mayor Lockhart stated: There are no fences at Tassajara. Mr. Davis stated: I'm not talking about Tassajara. Tassajara is a completely ah'fferent trail Mayor Lockhart stated: You said "none of the other trails." Mr. Davis stated: I'm talla'ng about the trails that now exist along the Alamo Creek corridor. I'm talla'ng specifically about Alamo Creek. We have a trail system the full length of that, either sidewalk, tree-lined sidewalk, some sort cfa pathway. It was all done under a master plan 15-1Gyears ago. The Gregory Group was involved in that, and ail seven of the areas known as the Villages. It was a model plan at that time. Seven different developers got together and developed this masterplan, and it included full negotiation of this creek without intrusion on the creek itself. Myself, like so many others, were promised that this was Zone 7property, no trespassing. I've been able to dig up some documents, I'm not going to bore you with them, but I have in writing that I was promised that that land would not be, it did not use the word "developed'; and they used words like 'ffntruded upon." There would be no human activity on that land other than to maintain g by Zone 7. There was never talk about a license being issued to the Ci& of Dublin or any of that sort of thing. So I am adamantly opposed to this; passionately opposed to this. I have hired an attorney already; Fd like to submit, for the record, my lelter of intenNon to sue the Ci& of Dublin if this takes place. Unfortunately, this has gone from the arena cfa friendly, small City discussion into a legal arena, and it's going to be a mess. It's turning into a mess and it's going to get messier and messier. We started a fund; we're well-financed, we're well-supported by the neighbors. We have as many as four attorneys involved strictly from our perspective, not including this environmental issue that l haven't had too much to do with. Terry Davis stated: My husband is a hard act to follow. Just so you know, we Yve at 8081 Crossridge Road We are the last house on the cul-de-sac. The gate and the CFTY C©UNC~L MENUTES VOLUN4E 22 REGU LA'P~. ?~gEETfNG PAGE ~28 entrance to this trail is right next to my house. It $oes risht behind my house, and we can also see the trail that comes from $'~n Ramon. We knew those were $oin$ to $o in, and m~ny ~s w~ have childrcn on our la~ ~th hurts and thin$s from fallin~ on th~ trails they havc up in San ~mon. W~ hav~ lost half ourprivacy because of th~ trail from San ~mon. ~cy can loo~ right do~ into my yar~ right.do~ into my ~'tch~n~ right down into my f~ily room. So~ I~ a~cady exp~ricncin~ what is going to happen to especially th~ p~opl~ in th~ town homes. M~yor ~~rt ~s~ed: Did you opposc that ~s. D~vis stated: H was in San ~mon~ and truthfull~ wc ~w there, so it was like we didn't reallypursue it. It~ in a di~erent cit~ a different count~ . and we didn't seriouslypursue it. We weren't happy about it, and they h~ve fences and stuff and eve~in~. Bug irre~ardless of that, it~ goin$ to be doubled now for us, and it~ really hea~breakin~. But the other issues, too, and this is ~oin~ back 15-16 years ago, we ~ew they were going to redirect the creek. And it broke our hea~s when they did it. Imean we ~ew they were ~oin~ to do it when we bought our house, and broke our hea~s because they just took our trees, they t~k out the riparian zone; they massacred it. It has now~ro~ into one of the beautiful liRle places we've ~o~ and I am so afraid if you do open this trai~ that is ~oin~ roger totally d~troyed a~ain. Were goin~ to have the people down there, the dogs there, the ~'ds do~ there. You~e not ~oin~ to keep people ou~ and all that is ~oin~ to ~et uprooted and destroyed Dou~he~y Road is almost a11houses now. I mean it~ like we had this little tiny haven that you can view on both sides; I mean you can stand out on the street loo~ through the fence and watch the dee~ watch the raccoons, watch all of have to be there. ~d then it ~ll give all of us ourprivac~' it~ not vuRin~ it off from anybody. Eve~dy can still walk alon~ the roads, and there~ still plenty of access. Were pleading ~th you, plebe keep it closed Paul Zegar~ Oxford Circle, stated: Referrin~ specifically to the Council agenda dated May 30 that you've ~1 seen, there are ~ couple of thin~s that I want to bring yo~ aRention to that there~ some inconsistencies or some contradictions in here. If you ~o from the Fire Prevention Bureau memorandum, dat~ May 1~ there~ ~ comment in here on the first paragraph tal~ about the southern potion of the proposed trail from ~ador Valley Boulevard to the park. One of the ve~ last sentences says, "On the creek side of the trail only dead material are to be remove~ no other trimmin~ will be re~ired ~ ~at~ one statement. You ~o to the statement from LSA Associates and he says~ "Vegetation removal ~ll be ~ited to pmnin~ shrub gro~h, which extends on to the existing road bed." Contrad~btion there, because there is vegetation that ~oes over the road and is pa~ of some trees, some branches, and they~e goin~ to have to cut off CF-FY COUN'C~L MU~'UTE~ VOL~ 37IE 22 REG U LAR i%,tEET~NG So which one is this., is thc Fire Bureau the one you~e going to follow or LSA Associates, or some other policy? There are other contradictions in here that people have pointed out, but I won't$o through them. The other thing that is not in here, but I want to bring it out, about comment that Dublin Police have not reported any crimes on the trails in Dublin. Well of course they haven't, East Bay Park District patrols them. And you go back to the comment that I made back in the original meeting where Lt. John Ie'ng said there are troubles on the ~ails. A direct quote from him sai~ 'qt~ quite annoying to the ~ple Who live along the trail" It doesn't roarer what the Dublin Police sa~ talk to the people who are patrollin~ the trails and are out there right no~ and hear what they have to say about this. Another thin~ I wanted to point out is, I guess I~ frustrate~ and all of us are, is why are we here defendin~ our open space. Shouldn't the burden be on the people who want to des~oy our open space? Shouldn't the burden be on them to ~ive the position of why this is ~oing to happen? ~y ~re we the ones who are standing here tal~ to you, when it should be the people who are saying, 'Wey, we want to take this open space away from yom" I really don't understand the position. We have something already' someone wants to remove it. ~e burden should be on them to prove that by removing it that~ a proper method So fag I have not seen that burden. I have not seen them face that burden. Final comment. Youke a histo~ teacheg you this. Abraham Lincoln said about the gov~nmen~ "Of the people, by the people, for the people. ~ You've all heard that comment. We would just like to make sure that no~ 150 years late~ what President Lincoln sai~ is that something you~e really~oing to follow or is that something we just teach in school and just forget about after that? ~ank you. Brian ~ees, Shady Creek Road, stated: I want to thank eye, one here for their time and listenin~ to eye,one and the~ opinions. I want to thank the staff for the excellent job that they did in preparin~ the report and addressin~ many of the concerns of the citizens. Fve done quite a bit a research, and Fve ~otpa~es of notes here where I van counter many of the points that were raised Bu~ Madame Mayo~ if you revall our conversation on the 1~, we went back to the do, park issue and talked about how the Council w~s about ready to ~o for that and the person that was supportin~ that chan~ed their mind? Wel( ddj~ ~. I have to say that Fve listened c~refull~ I still believe, generall% that the trail is a g~d concep~ but you recall two weeks ago at the meetin~ I expressed concern about the EIR. ~d in listening to comments of the aRorney and other comments that were made~ and readin~ some of the s~e ordinance mysel( came to the same conclusion or had the same qu~tion. This is, in fac~ a expansion of use of that area. P~y voncem, in loo~ at this issue and being a potential proponent of the was where~ the factual su~eys that were made to identify exactly what the issues were? ~d I think that~ the issue and the stm~le that we've a11had here is thatprofessional analysis ~d su~ey wasn't done. I also agree with the statement that the prima~ REGULAR PAGE 330 purpose of the trail would be recreational and not as an alterative transportation mode. Yes, it's part of an interconnected trail system, and I think that would be great. I think we need something like that. But it is not primarily for transportation, and I hate to see us go forward and all the sudden have our funding pulled or withheld Somebody brought up earlier a point, and if you recall the last meetin3 1 sux~gested doing just the southern parc of the trail. I currently ride along the Wildwood Trail section to get to Amador Valley Boulevard, and I think if there are plans to modify Amador Valley Boulevard, pan2'eularly as far as reducing the grade there and provide some bike lanes to interconnect to Dougherty Road and to the Iron Horse Trail, I think that would be a big improvement. It's a pretty steep grade there for bikes, especially when you're hauling twins behind you. I think also on the other side of it, we have walked or ridden along the Fall Creek Road, and you can experience somewhat of the creek in the na~ral environment by walking along there. It's not the same affect as walking along the trail; it would be nice to have the trail open, but it's close. The one downside is that there is no interconneetion. If you travel up Fall Creel you're stuck and you have to loop back out again to Dougherty Road and come down that way. If there's some way we can look at maybe doing an interconnect from Fall Creek to Crossridge at the cul-de-sac, where we'd have that same interconnect, the same functionality, for the neighbors to be able to travel the whole length of the thing without ha~qn$ to double back or things like that. That's something that I would ask you to take a look at because I think that would serve a lot of the same function. I'm still unclear about what is the ultimate thing to do. I think there's a lot of good reasons to have the trail. I think there's a lot of emotional reasons why people are opposed to it. My property doesn't back up against the trail, but I, too, have two young children and want to have them safe. I'd like to have them experience nature first hand. We've put this thing of(' it's been on the books for years. It's late in the game, when we've got this deadline for financing and we cfi'dn't get our act together soon enough to do the proper studies. UKortunately, we may have to pass up this funding and go another route. Pdchard Guarienti, Rhoda Avenue, stated: I wish I had the time to talk to a lot of the residents about their fears, as an avid trail user for over $O years in this area. I could speak to you for a half hour or more on the subject, and would like to debate some of the issues raised here. But, I did go ahead and prepare something, because I know that iii didn't, I would talk longer than three minutes. I thank you for the opporlz~nity to speak here tonight. I lead a wallo'~g group called the Dublin Trail Trekkers, and eight of us attended the field trip and saw that the trail that was proposed had attributes that would be beneficial for public access. We also observed that this trail did not pose any more serious risk to the homeowners or environment that many other trails that we have walked in the East Bay Area. People talk about patrolling the trail I am also a member of East Bay Regional Parks Trail Safety Patrol, so I get out on a lot of the trails and see VOLUME 22 REGULAR M"E ETING what the problems are and there are not a lot of problems. Subsequently, 24 members of the Trail Trekkers have signed a petition in support of the project along side Alamo Creek, and I would like to read it to you and present it to you at this time. "We undersigned, as members of the Dublin Trail Trekkers do enthusiastically support the CiO~ of Dublin project to pave the existing Zone 7 Water Agency's maintenance road along the west side of Alamo Creek between the north City limits and Amador Valley Boulevard. Public access to a multi-use trail through Ibis beautiful area will provide many benefits to the communiO: as a recreation and transportation resource." It's signed by 34 members. About half of them were here tonight; I think there are only two of us left. The project has been planned for some time, and it appears in the City of Dublin Parks ~ Recreation Master Plan, which has been referenced a couple of times tonight. 1994, there was a couple of references out of that, but I'd like to talk about the goal in there. There's a stated goal for trails and bikeways, and it reads as follows, "To create continuous network of paths, walks and trails; therefore, providing a recreational resource of routes and open spaces enablin$ the public to travel by non-motorized modes throughout the Dublin communiOz." I think that's a sreat goal. Completion of the trail segments along Alamo Creek is part of that plan. It's stated right in this plan. So it's been there; it's been there for some time, as pointed out in the Staff Report. I know there's been a lot of emotion here tonight, and it's understandable that the neighbors to the project have fears of the unknown. As I mentioned last time, this has been ddj~ vu in other communities. This occurred on the Lafayette Moraga Trail; it goes through some very nice neighborhoods. It occurred on the Iron Horse Trail through Alamo and Danville. It occurred just recently on the Arrbyo Mocho Trail in Pleasanton, which is a Zone 7 trail that they've turned over to the City of Pleasanton. It's happened in £ivermore, £ARPD. Zone 7 there also. Once the trails were open, the neighbors realized many of the positive aspects of having a trail there. So what are the benefits of such a trail? Zet me point out what I think are the main topics. Recreation, which are walla'n~, bila'n~, jo~in~, etc. Enjoyment of nature. Health through exercise; really a very important part of use of trails. Transportation. We talked about the non-vehicular, bicycles, etc. Education. Anytime you go out on a trail~ you learn something. Meeting people. You meet newpeople; you meet some neighbors. Peace and solitude. Sometimes you want to go out by yourself andjust experience the quiet. Communitypride. I think ha vin$ that trail as part of our system should be part of our comm unitypride. Fve heard decreased property values. That's not a basis of studies Fve seen, which show an increase in property values. And being a good nei~hbor. We have neighbors to the north with San l~mon; it will connect to that trail. After visiting the trail last week, I can see the need to pave the trail. I had talked about as a walker, hiker, I could live with it as it is. But, I do see the need to do it. It connects to the north with two paved trails leading to San Ramon, and connects to the south with a paved trail near the creek, as well as a short distance to the Iron Horse Trail. A paved, multi-use trail will C;.TY C©UNC~L MINUTES V©LtSME 22 R E G UL. AR ME ET! N G PAGE 332 accommodate bicycles, wheelchairs, etc. A paved trail will also be easier to maintain. With the opening of this trail, one will be able to bike, walk or jog on a paved path to the Dublin Library, City Hail, Sports Ground or to the BART Station. What a great advantage to live near one of these trails and be able to use non-vehicular transportation. So let us not pass up this opportuniO, to realize these benefits. The agreement has been reached with Zone 7 to provide public access and the funding has been obtained to do the paving of the existing maintenance road So let's get it done. We can tackle the conditions for the use of the trail in another forum. Trails through a natural area may need different restrictions than a communitypark. I have recommended this issue be addressed at future Parks ~ Community Services Commission meetings, with possible recommendations to the CiO: Council. I know that you will weigh all the facts relating to this important decision, and make your judgment based on what is best for the City of Dublin as a whole and being a good neighbor to our surrounding commum'ties. Remember that everything we do involves some risk and some compromise. There is nothing we do that is totally safe. Risk is made up of two components, and I want to remind you of those. Probability and consequence. When weighing the risk of the predictions of the negative things that might happen if this trail is open, please remember what is the risk and what is the benefit? How many of us drove here tonight other than Shawn Costello? Probably the most risky thing we do is get in our car and drive here. And yet, the benefit is we didn't have to walk. To give you some input on what the benefits of the trail are like, in a couple of moments I would like for you to watch an 11 minute video entitled, "The Trail Next Door." It was put together by the City of Folsom up near Sacramento, and it also has some shots of the Iron Horse Trail in it. I agree with most of the comments with the Staff Report. I don't see the issue of trails being closed at night. Many of the trails are not closed at night, except forparks are closed at night. But I look forward to the opening of Alamo Creek Trail with your consideration and support tonight. It can work if youjust give it a chance. With that, if there are any questions. Mayor Lockhart stated: As much as I would like to have the video shown, I just think with the lateness of the hour~ it's a quarter to one in the morning. I just don't think it's going to have the benefit that we're loola'ng for. Mr. Guarienti stated: It does talk about residents who are opposed to the trail initially. Mayor Lockhart stated: That's probably right and at a future date that might be helpful. But tonight I don't think that's going to make a big ahfference in the discussion. Mr. Guarienfi stated: I understand Thank you. C~TY C©UNC~L VOLU'P~iE 22 REGULAR P~;~ E EI'ENG ::ay 28~ 2003 PAGE 333 Mayor Lockhart stated: For those o£ you who were wondering why I allowed lO'vh to speak longer is because he did ask earlier if he could show the 11 minute video, and knowing that we were not going to allow that time, and he was spea~'ng to the other side of the issue, I felt # only fair to give him a little extra discussion time. The following speaker slip comments were not read al°nd, but are entered in as a matter of public record: Anita Freeman, Shady Creek, did not wish to speak, but would like to have the following comments entered into the public record: The banks of Alamo Creek where I live are very steep and the maintenance road is very narrow. This area is not generally in the open but in fact is quite secluded. As such, itpresents itself to be an ideal environment to encourage dangerous behavior as well as tragic accidents. Please protect our children and keep the path closed. Thank you. Francie Cushman, Betlen Drive, did not wish to speak, but would like to have the following comments entered into the public record: As a long4erm Dublin resident, hiker, environmentalist, and cyclist, who travels throughout the Bay Area on streets and bike trails, I believe the Alamo Creek Trail can add value to the community as trails in other commum'ties have done- Zafayette/Moraga, Contra Costa Canal, Iron Horse and other canal trails. Every time I'm on the trails, I see numerous people using the trails for commute and family activities. I knowpeople who feel much more comfortable having trails for cycling instead of city streets. Bill Rose, Pleasanton, did not wish to speak, but would like to have the following comments entered into the public record: As a resident of the Tri~ Valley, I consider a bike path in Dublin enhances not only the Dublin community but also the Tri- Valley community. Similar objections to the bike path raised by the residents have been raised by residents in other communities and have been proven to be groundless or, at best, only of minimal import. Helga Small, Rampart Drive, did not wish to speak, but would like to have the following comments entered into the public record: There is so much beauty to enjoy while hila'n$ and so much is discovered. Hikers or hilo'ng trails do not attract a criminal element. No one need fear our usage of trails near their homes. Jo Luciani, Swinford Court, did not wish to speak, but would like to have the following comments entered into the public record: Isuppo~Alamo Creek£xt. CITY COUNC~iL ?~i.~NUTE8 V©LUME 22 REGULAR MEETING M~F ge, 2(!~©3 PAGE 334 Terry & Lidia Lai, Shady Creek Road, did not wish to speak, but would like to have the following comments entered into the public record: Ioppose the bu~Tding of the Alamo Creek bike path due to potential theft issues. Path is too close to the creek for the safety of children. We also paid a g5, o00 premium on our home for the privacy on the creek side. Michaela Hauser, Oxford Place, did not wish to speak, but would like to have the following comments entered into the public record: The Alamo bikepath should never be admitted because it w~ll destroy the peace and beauty of the creek. Nadine Hover, Oxford Place, did not wish to speak, but would like to have the following comments entered into the public record: I have on several occasions called my children to my bedroom window to see a doe and her $ fawns on our common area. I feel with people invading ourprivacy, this will diminish our quality of life, and enjofing the wildlife that me and my cluTdren enjoy. I do not want to see garbage and people in place of wildlife. Alex Persits, Shady Creek Road, did not wish to speak, but would like to have the following comments entered into the public record: To Mayor: Mfs. Janet Zockhazg: D Pear Mayor, during the last meeting you said' "If path entrances open, there will be ce~ain restrictions': Under that you meant the time to open and close the gates. According to Page 2, #g, "no maintenance staff available to close the trail on weekends." Because of this reason gates will be open from Friday morning till Monday evening (but this is a contradiction with yourprevious statement about restrictions), or do you co~sider to keep the gates closed from Friday evening till Monday morning? (Because you do need to have a maintenance person to open them on Saturday morning??? 2) By the way, City "maintenance stafF' never, ever closed public restrooms in Alamo Park on time. Rules on park's sign indicate: ':..one hour after sunset." They close them at 10:$0 - 11 p.m. daily. Iam absolutely sure that they willhave the same approach to the new responsibilities. Thanks. Suzanne Hargraves, Cross Ridge Road, did not wish to speak, but would like to have the following comments entered into the public record: Iam very concerned with the traffic this project will bring. I have small children and the safety issue of them having access to the creek behind our home concerns me deeply. Dina and Stan Meir, Cross Ridge Road, did not wish to speak, but would like to have the following comments entered into the public record: 1) After the recent attack in the Bay Area, is it safe to open a woodsy, secluded area. Will it be patrolled? If you saw the picture in the paper it looked very much like our creek area. Z) Also why is it necessary C~iTY C©UNC~L Pv~INUi'ES VOLUME 22 REGULAR with ail the paths and sidewalks ava~Table in that area already. Why not use the money to better the Iron Horse Trail. Beth Kobold, San Ramon, did not wish to speak, but would like to have the following comments entered into the public record: I feel that opening the Alamo Creek Trail would greatly benefit the Cf& of Dublin by allowing access for people wall~'~g or bil~'~g. People of all ages and abilities could use the trail to get to the library and Publin Spor~s Grounds without having to walk or ride on the City streets in the traffic. Bryan Corey, Oxford Place, did not wish to speak, but would like to have the following comments entered into the public record: I oppose the bike path since it will destroy the wildlife and cause a fire hazard. Carol Sibilia, Estrella Court, did not wish to speak, but would like to have the following comments entered into the public record: Please keep the path open. Fve lived here since 19G4. I've seen enormous changes. Open spaces are needed to keep the community clean, beau~ful and spacious. We tried to encourage people to walk for health of the individual and health of the community. Open spaces keep the prope~y values high also. Please allow Alamo Creek Road to be paved and be opened to the public. Matthew (last name illegible) did not wish to speak, but would like to have the following comments entered into the public record: I do not live in this area, but I do have a creek behind my house and it is used as a dump area for debris and hazardous waste. Please don't open this area up. Thank you.r Jill Baldasaro, Oxford Circle, did not wish to speak, but would like to have the following comments entered into the public record: I concur with the comments of those speal~'ng tonight against this initiative. We as a communi& are extremely concerned about the impact of this proposed initiative on our developments, including noise, nuisance, crime, environmental impacts, and possible (likely) decreasing values of our homes due to (negative) impacts form this initiative. As a resident since 1~5 along the creekside of the Woodlands, I want to see the natural environment surrounding our community preserved and not developed into a public area. Thank you. Stan Andre, Crossridge Road, did not wish to speak, but would like to have the following comments entered into the public record: I do not suppor~ the bike path for several reasons: O The proposed changes are coming approximately 15years after the home were built. 3) The new path will create an attractive nuisance for children with direct access to the creek. 3) The path will create significant securi& and privacyproblems for C~TY C©UNC~/L MINUTES V©L~iME 22 REGULAR MEETING M~y 2~, 2¢503 PAGE 336 my neighbors. 4) The pathway will create an area difficult for the Dublin Police to patrol. 5) I urge a no vote by the Council on this proposal. Thank you. Shawn Costello, Dougherty Road, did not wish to speak, but would like to have the following comments entered into the public record: The trail needs plugs for wheelchairs to recharge, so disabled people can enjoy the path. Mayor Lockhart stated: I know that everyone has sat through the last couple of hours and the 2 ~ hours previously, so Fm sure that it's time for the Counc~7 to deliberate on this issue. I want to take a stab at starting this. I will be very honest, and I don't think it will surprise anybody to say that, I was so impressed with that trail when I walked it. I saw the beauty of it, and l saw the nature of it. And quite honestly I thought about the people that would enjoy it. I thought about the benefits g could bring to the entire community. The education it could give; the understanding that people could get from a trail like that, and seeing what's there. I haven't changed my mind about the trail and the benefits of the trail, but Fm really concerned at this point, and I think Mr. Oliver, you're the one that hit home. The funding that we're using for this trail, the Clean Air funding portion of that. I have a real concern if we're using money that's used for clean air issues and tala'hq cars off the road~ and we are doing recreation, health and education as opposed to transportation. I can't stretch that far to see how this relates to that. Mr. Thompson stated: There's actually two pots of money on the TFCA. One is competitive type of thing. The way they were speala'ng, it's la'nd of regional that you compete and try to take cars off the road The other is a set aside part of money that goes to each CMA that we have in this coun&. Then that's distributed for local trails that have transportalion benefits, and this is not a park. It will be tying into other transportation corridors, so it has the potential of doing that. Mayor Lockhart asked: But it doesn't have the same requirements as other TFCA money? Mr. Thompson stated: No. Mayor Lockhart stated: I know we've heard a lot about the CEQA process tonight. How do we get by with not doing more with that? Mr. Thompson stated: It depends on how you look at it. We've Mways done our trails as categorically exempt. This particular one, we're not removing any vegetation, and it does fit into some of those categories so that's why we used that. Maybe the City Attorney could speak to that. CF~'Y COUNCIL V©LUM'E 22 REGULAR ~'~ M~y 2e? 2ce3 PAGe; 337 Ms. Silver stated: Staff has recommended that the Council find that there are two categorical exemptions that are applicable to this proposed project. It's obv~'ously up to the Council to decide whether the Council believes that the proposed project is categorically exempt if the Council is going to approve it. If the Council consensus is not to approve & then the environmental issue is irrelevant. With respect to the two catesorical exemptions, the Council could rely on one or the other. As one of the speakers indicated, the second of the two that is referred to in the Notice of Exemption does have a qualifier. And that qualifier does indicate that that exemption is not applicable when there are particularly sensitive environmental issues. A letter was submitted from Stuart [lashman with a letter from a biologist attached indicating that he believes that the area may be a habitat for the red~le~ed frog. However, the other categorical exemption that Staff has relied on is Section 15501; that's the one dealing with existing public facilities. That one is not qualified by the section that says categorical exemptions are not applicable when there may be particularly sensitive environmental issues present. There's no such qualification for that exemption. So if the Council is comfortable with relying on that exemption, Section 15301, I don't believe that the letter from Mr. Flashman, and included the attached letter and comments, are relevant of this exemption. There were some comments by Mr. Moore with respect to this particular exemption. Staff has proposed this exemption because it would be a minor alteration of an existing public faciriO,, and there is a public faciriO, which is the Zone 7 road. In Staff's opinion, it is a minor alteration in that it's not an enlargement of it, part of it will be paved. The Council would also have to find that there's negligible use beyond that previously existing. Clearly, there would be some increase in use, but what the Staff is relying on is negligible use. Loola'ng at the existing use, the fact that there appear to be some people who go into that area now illegally because there is graffiti there for example, and comparing that to the existing use with the limitations, with the closure at night, closure during bad weather and things of that nature. I can answer any other questions if you have them, but ultimately it's up to the Council. Cm. Oravetz stated: I think some of the people know I live in the neighborhood. If you don't, I live on Squirrel Creek Circle, and I've rived there since day one, 1988. So I'm a little emotional about this issue also. I think Burr made a good comment. Why do we need this? I walk through the neighborhood almost every day, except when I'm here until midnight, vdth my dog. Igc down Wildwood and back up Amador Valley, down Dougherty and through the park, and it's perfect. So I have to ask myself, is there a need? The answer is no, because Ilive there. I know it. It's great. One of the things I wanted to say to the Council from my heart is that I was there in 1988 like a lot of the folks here, and never was it stated that this was going to be path. Never was it stated that it never was going to be. The only controversial thing I remember about our neighborhood was the convenience store that we finally now have. Some of you might C~iTY C©UNC~L V© L.U ?v~iE 32 PAGi~ 338 be mad at me, but I voted for that because in 1988 they said this is part of the Alamo Creek Village. But ou~ neighborhood is a great neighborhood. One of the things I like about our neishborhood~ up until this moment, is I thousht it was the best kept secret in Dublin. It's no longer a secret. And that's okay. I've never been accused of beths an environmentalist, but !care for the environment. When I walk my doS every nisht, loo~ at the deer and the sguirrels and th~t~ stress relief for me. Fve ~:1~' I've ~ot ~notherjob. I don't think we need the intrusion. ~e privacy issue doesn ~ffect me as much because I live in the middle of the nei~hborh~ But it ~ffects me that there ~re goin~ to be more strangers in our nei~borhoo~ ~d th~t~ ~ quality of life issue. Th~t~ ~ d~Fferent thin~. I~ not~oin~ to sit here because it~ the late hour and tell you all the pros and cons, but you ~ow I~ ~inst this. We don't need this. Were ~oin~ to buy ourselves more liability issues, ~s I tried to question Libby two hours a~o on, th~n we nee~ As ~ steward of the Cit~ as one of the five Councilmembers, to vote that the Ci~ doesn't need this. We don't need to take on the extr~ liability for this. The CEQA stuf~ ~ain I~ not an environmentalis~ it sounds like you made ~ ~ood ~r~ument a~inst our aRorney. And she~ even s~n~ now that you Council have to decide this. If we decide to ~o fo~r~ we~e ~oin~ to,et sue~ We~e ~oing to find oumelves in ~ cou~oom; they've ~lre~dy s~id th~ indi~dually ~nd as ~ ~roup. I don't think we need to buy that liability. I don~t think we need to spend t~xpayers' money and Libby defendin~ us ~ainst this ~roup of people. It~ a ~ood nei~borhoo~ We t~lked ~bout this as bein~ ~ nei~hborh~d ~iZ IJl finish up with this. Then let the neighbors decide if it~ a nei~borhood trail. And none of the neighbors want this. Fve talked to b~ch o~eople over the l~st wee~ just Ed and B~n ~nd my neighbor up the s~eet Ke~n, that were for it. But eve~dy else I talked to, which w~s largely don't need this Ton% why ~re we even t~l~ ~bout it? So, I would like the Council to think about this. It~ not somethin~ the neighbors nee~' it~ not somethin~ they want. It~ not somethin~ we have to take on the extra liability for. Cm. Zi~ stated: We ~ssume the s~me liability eve~ time we open kidders up on the fiel~ so that~ not an issue. Eve~ time we open up ~'d trips on second base, we have the s~me liability. I don't see ~ significant incre~e the use of this. I think it~ ve~ ve~ mino~ If ~n~hin~ we p~ve ~ ~il that tmcks~o down and cre~te ~ravel dust ~om. Obviousl~ people ~et in there. There~ ~affiti on the walls, so somebody~ets in there and does somethin~ so th~t~ not ~ ch~n~e. Our biol~ist s~ys there~ no bi, problem with frogs. Folks, if we listen to Wildlife, this entire City is fro~ haven ~nd nobody should be fi~n~ here. You biologist to say one w~y or anothe~ it doesn't m~ke much sense. Plus the f~ct that US. Fish ~ Wildlife just lost a lawsuit that says you people just over-s~pped your bounds, step back. I don't ~ow what the criteria is an~ore. We~l put signs in there that say do~s have to be on leashes, that there are ticks abou~ stay on the ~aiZ We can alsoput REGULAR. b~sy 20~ 2003 ?AGE ~39 small 4-foot fence in certain areas that Mds could maybe fail over the side of the creek. ~Ve can't put the d-foot fence ail the way down because that prevents wildlife from going back and forth in the area. I have lived next to a park for 35years. Some of the houses on the other side of the street back up to the park. Two of them have never even had a backyard fence. During that 35years, there has been one break-in, and that occurred in the first year. There has never been a securi&problem. Never, ever. And this is one of the hisser parks in the area, Shannon Park. If there's a concern that you don't feel the fence is big enough on the back end or front end of yourproperty, we can raise that to & 10 feet; that shouldn't be a big problem. Especially close to the town houses or the condos. This has been on the books for years. If somebody told you different, then somebody didn g tell you the straight sMnny. I don 7 know who told you what or whemver you got the Park Master Plan, but that's been there for a long time. Cm. Sbranti stated: I see three different issues that have been raised' environmental concerns, aesthetic neighborhood concerns, and public safety concerns. I can address each of those. I think, on the environmental concerns, there a lot of people that are very passionate about that, very sensitive about that, and I think our Council has a demonstrated record of sharing those concerns. Ha~ffng grown up near the Iron Horse Trail before there was Stagecoach, before there was the Iron Horse Trail, I used to play in that creek, that canal right behind Dublin High School I have fond memories of that. Two years ago when we did the creek cleaning for Dublin Pride Week, I was cleaning that creek, and I commented at that time that I couldn 7 believe that, 30years later, we have Stagecoach that is built out, as well as Amador Lakes Apartments, and the Iron Horse Trail. Yet the wildlife still remains. I was right there amidst it; I saw it with my own eyes. Iknow the arguments have been raisedhere, and they've been raised with passion. I just don ? agree because IYe seen it differently, from my own perspec~ve within that trail The fact that the Alamo Creek was actually moved, to me, was a much more significant development, and the fact that the wildlife still exists with that OPe of development. I think that this trail will not have a significant environmental impact. So then, we have to look at the aesthetics and the neighborhood issues. I try to put myself in that circumstance to understand the concerns. As I walked that trail, I really tried to get a glimpse, seeing what I could see. I couldn't see inside those homes. I know on some parts of the trail we were closer to the homes, and otherparts we were further away. But I couldn 7 make anything out, lo©la'nS into windows or looldng into living rooms. Something like graffiti will go away when we open up the trail Public safety, to me, was the bissest concern and had the most issues. I wanted to get information for the East Bay Regional Park, which encompasses Alameda and Contra Costa Counties. At the last meetin$, our Council asked to get a report on Dublin, and I think we got a report. No reported incidents at Tassajara Creek. I think two burglaries along the Martin Canyon Area; neither had to do with the trail Four calls along the Iron Horse CITY C©UNCIL MiINUTES V©LUME 22 REGULAR MEETING PAG}~ 3Se Trail; nothing ora violent nature. That was the evidence within Dublin, but I said it's not enough to look at Dublin. Let's look at the whole system. So loola'ng at the East Bay Park District, 1,175 miles of trails, and the amount of crime vMthin that amount of trails is so minimal. No homicides, no rapes, no robberies. Basically, there were 7 burglaries within a 1,175 mile area. I can understand it's an emotional issue because of living in the neighborhood, but the evidence that I've seen doesn't back up the fact that trails, on a wide spreadbasi~; have rampant crime. That's one of the reasons Ihad that informah'on looked at. I think there are some other issues in terms of public safety. One of the biggest things to me is the water. There are a couple of ways: 1) Being very vigilant about locl~'ng those gates. I would even consider loclu'ng the gates for the winter months, perhaps December, January and February. I think ul~'mately, parents have to have responsibility for their l~'ds; but at the same time, kids wander into the creek and I would be concerned about that. At that same time, I think that if JdCE properly monitors the creek, locl~'ng the gates when the water gets high. The water in the Iron Horse Trail getsjust as high. I know from experience because my mom would tell me roger out of the area when the water gets high. Iknow it from running along the Iron Horse Trail now. It doesn't move as fast, which I think is a concern. But the water gets 15-20 feet high, all the way up to the edge. But that's a public safety issue we can look at. I had a concern about the Willow Creek crosswalk, but I think the signage that was demonstrated would mili~ate that appropriately. I do think the gates need to be locked at night and MCE really, given the sensitive nature of the area, makes it a priority to make that one of the firstparks that theyget to in terms of locla'ng up if we do go forward with this. I know there's been a lot of passion exhibited here, and I really wish it would be easier for me to look at the crowd and say yes I agree. But, having been a camp counselor for seven years, having been on trails with kids, I think it builds appreciation for the environment and I have not seen the wide spreadProblems. I can understand the fears because if people haven't been on as many trails, but I haven't seen it with my own eyes, my own experience. I think our own Parks Master Plan and our own General Plan calls for the expansion of trails and recrea~'onal open space. I think one of the issues that was raised is that this destroys open space. I don't see putting in trails as destroying open space. I think if we put in houses or a highway, that would destroy the open space. This is a trail. I don't think it destroys open space, and I think I'm going to support it. Vm. McCormick stated: I came in tonight really wanting to protect the environment, protectpeople's safety, and I think that we can do that. IYe always been a proponent of opening the Zone 7 trails. They've been closed to this community for too long. They're just now starting to open them up. And Ijust have to say it's a public trail. You don't own that trail; it's not yours. It belongs to the people of Dublin. I think it's only right that everybody have a chance to use the trail. Ik sorry somebody told you that nobody CtT¥ C©UNCIL J~!'!NUTES '¥©LUME 22 REGULAR MEETING May 20, 2003 PAG P~', 341 else was $oin$ to use it, but that isn't true. kVhen it says it's a public trail, that's what it means. It's public. That's for everybody; that's for everyone that lives here. I was Softing a li~le irritated with ail the irrationM fears, because it sounded like Dublin was this hotbed of crime. You live in one of the safest cities in the Bay~ea. Our crime stats are so lo~ it amazes all of us that were so fo~unate to live in such a city. And yet what I hear are all these fears of what~ goin$ to happen on that li~le ~rail. By the time you were all th~u~h, you had von~nced me that we really need to open the trail to protecI ff and to have people waling on it and watching out for ~his traiZ I~ going ~o support openin~ the traiZ Mayor ~c~art stated: Iha~e ~ couple of questions about i~ which may be irrelevant at this point. I~ wonderin~ does it have ID be pavedZ Does it have to be open year roundZ Is it somethin8 that oouldjusl be open seasonMly or could be open for walks with biolo~is~ or somethin~ tojust~et sta~ed in the prooessZ Or is it M1 or no~in87 Is il weSo in, wepa~e, we do it ~1~ we keep it open most of lbo year? Or do we ha~e other options with the trail and with Zone 77 ~. ~ompson stated: I suspeot we would lose the money if we werejustsoin8 to use the rock because it wouldn't ~vome a bicycle ~aiZ You couldn't use it for bicycles. Vm. McCormick stated: Or wheelchairs. Mr. Thompson stated: And it probably wouldn't cost us anything either, except for a few dollars for gates on the ends or something like that. It's something I suppose we could do. I think Zone 7 would go along with that, too. Mayor Lockhart asked: Are we breala'~g any ADA laws or anything if we don'tpave it? Mr. Thompson stated: I don't think so, but maybe we would be. Ms. Silver stated: I just wanted to clarify that this particular trail is included in the General Plan. There were references to the Parks Master Plan, and the fact that it references the trail as a recreationM amenity. It is actually included in the General Plan in the Circulation Element, and the legend says that this pa~ivular type of trail shall provide pedestrian and bicycle connections to schools and other public facilities. So # is intended for circulation. Obviously a side benefit is that people are out there and they can enjoy the environment, but it is definitely intended for circulation. I will defer to Adr. Thompson with respect to if you can really ride a bicycle wen on Sravel. Mr. Thompson stated: Not thatgravel. C~TY COUNCIL MINUTES VO'LU ME 22 ~V~y 20~ 2003 PAGE 542 Mayor Lockhart stated: I'm going to support the trail also. So, if there's a motion. Cm. Sbranti stated: The other issue that I think we might want to look at is at Crossridge Road There were some issues brought up regarding the access point on the north end Cm. Oravetz stated: There are a lot of issues Fd like to bring up if we're going to debate this. I'm against & but I've got to mitigate it as much as I can now. We've got a parla'ng issue at the top of Crossridge. We've got this going across Willow Creek where the la'ds are going to run across. That's a very dangerous area now. Keeping it open at night. I don't want to see that. You want to close it for half the year, Tim/I'm all for that. Cm. Sbranti stated: Not half the year. I was loola'ng at December, January and February, as a possibility. And if we have early rains, and MCE or experts come out and say the creeks going high and fast, then close it mid-November. If it comes to be December 1~ and it's unusually dry, it could stay open. As a rule of thumb, loola'ng at December, January and February as a potential mitigation and as a safe& measure. I would be open for that. Obviously, if it gets to be March 1st and it's still high and ra~in~, we're not going to open it up. If we make that a policy or condition of use, I think I would feel better about that aspect of it. That was one of the issues that I wanted to bring up. The second one, I think Tony was just alluding to it, was Crossridge Road in the sense that that's the north access point. I do not want to promote people driving within that residential cul-de-sac and parkin& and creating a parking issue with people using that as their access point. I don't know, if at the end of the cul-de-sac, there's either the options of doing either red curb or permit parla'~g. But I certainly would like that issue looked at because I would like people to access it from Alamo Creek Park or from Amador Valley Boulevard I think it's more appropriate than accessing the trail from Crossridge. The parla'ng should occur where there's more public parla'~g, and it's not going to impact. I can understand, living right on Crossing and you buy into a cul-de- sac, and if you're going to have that la'nd of parla'ng. I wouldn't want to see that, so I think that would be the other condition that I would like to see. I don't know what's better. Maybe that's something that can be brought back to us, at least loola'ng at or tMla'ng to see what the residents prefer on that issue. Mr. Thompson stated: Jdaybe we could build it and see if it actually became a problem. Maybe most of the people who were going to use it are people in the neighborhood Mayor Lockhart stated: I think we should just start out not allowing it. C~TY COUNCIL MieN'UTES ¥'©LUME 22 REGULAR MEET~.NG May 20, 2003 PAGE 343 Cm. Sbranti stated: I would do it from the beginning. Whatever Staff feels is the best on that issue or in talla'ng to some of the residents, which ever theyprefer on that. Fm pretty open. Mr. Ambrose stated: We can bring the parking issue back to you, but I think the issue of hours should be decided tonight. Cm. Zika made a motion that the City Council approve the Notice of Exemption under 2002 California Environmental Quality Act (CEQA), Section 15301, Class 1 (c), and Section 15034, Class 4(h), for the Alamo Creek Bike Path, Amador Valley Boulevard to North City Limit and authorize Staff to advertise for bids. Cm. Sbranti seconded the motion. Ms. Silver stated: If the Council intends to limit the time when the trail is open, with respect to the months of the year and to the hours during the day, and w~th respect to uses, for example no motorized vehicles, I would surest that the Council include all of those ld~ds o£1imitations in its motion. Cm. Zika stated: /t's standard that motorized vehicles are not allowed on trails, and we have a CiO, Ordinance that says you have to keep dogs on leash. What else do you want to include, that it's closed at dusk and open at sunrise? Mr. Ambrose stated: What would you like us to include in terms of the duration that the trail is open, either the periods of the year or periods of the day. Cm. Oravetz stated: I think it should be closed at dusk. I think it should be closed December through February as sux~gested by Cm. Sbranti. Cm. Zika stated: I don't think you can make that decision. It should be closed when, in the judgment of the StafF~ the water gets too high. In April around here, I don't imagine it was very low. Cm. Oravetz stated: We could make it a stipulation to let MC£ or whoever it is on City Staff to make a determination on that. But~ it will be totally closed November, Decembe6 January and February. Cm. Zika stated: No. Cm. Oravetz stated: Fro just tOdng to help. C~T¥ C©~_~NC;~E REGULAR ~,'EEET~NG ~AGE Cm. Sbranti stated: I think what I was loola'n$ at was move December, January and February, Which is three months instead of four. Bu6 the other option is if you Were to have tight monitoring cfi6 now that I'm thinlo'~$ out loud to try to stipulate certain months of the year, it might be a little difficult because of the changing weather patterns. We've had biz; rains in late-May before. Vm. McCormick asked: Do we have to put that in, Icc? Ms. Silver stated: Yes, I would surest it. Mayor Lockhart stated: That the creek be monitored and closed as determined by the Public Works Director. Cm. Sbranti stated: And aisc the parIo'~g issues on Crossridge. Cm. Zika stated: The red curbs or permit. Mr. Thompson stated: Can we bring that back because we probably need to think about whether it needs to be limited ovpermitted or red-curbed If we do red curb there, then the residents can 't park. Cm. Sbranti stated: I would at least like to look at that. Vm. McCormick asked Cm. Zika to re-state his motion. Cm. Zika stated: I motion to amend the existing motion to add that the trails be closed at dusk and opened in the morning; that il be closed if, in the judgment of Ibc Public Works Director, the water level is dangerously high; limitingparlo'~g at the end of Crossridge Road be considere~ the method to be determined later; appropriate signage placed on the trail indicating that dogs must be kept on leash, no motorized vehicles are allowed, and to stay on the trail because there are ticks and poison oak. Mayor Lockhart asked: W~at about the crossing at Willow Creek? Do we need anything with that now or can ii wait? Cm. Zika stated: I think one of the items we heard here was there was a slight raise in the crosswalk. I think that's a real good idea because ii will have a tendency, hopefully, to slowpeople down. A one or two inch rise in the crosswalk. Also, the appropriate signage at the crosswalk, and the consideration cfa 4-foot fence by the creek. V©LU3~!E 22 REGULAR MEETING ~,,'{~y 2e~ 2003 PAGE 345 Unintelligible comments from the audience regarding 4-foot fences were made at this time. Mayor Lockhart stated: We're not going to get into a debate right now. Cm. Sbranti stated: Is there a way that we can, because a Council majority has a policy on this issue, approve the creek and look at some of these issues in terms of now that we know the creek is going to be open, some of the stipulations, or do we need to decide all of them right now, related to fence heights, etc.?It seems like we could approve g and that would be adequate direction, and then we could look at some of the specific issues about should there be fences and, if so, where7 The parla'~g issues, what the crossing could look like. Because what we've been look]'~g at the last two meetings, is whether or not to do this. Now that we've decided to do it, what Fd rather have is loola'ng at ways to do it right. Is that okay or do we have to put every stipulation into it tonight? Ms. Silver stated: You don't have to, but I would su~gest that you do. Now the motion, as I understand it, with respect to the parking is to consider limiting the parla'ng so you're not actually directing Staff to do that yet, because they would have to come back to you. And to consider 4-foot fences along the creek. Again, that's something that would have to come back to you. But as I understand it, the otherparcs of the motion lhat you're mata'~g a dec]sion on is to close the trail at dusk and open it in the morning. Cm. Zika stated: And 8-foot fences next to the condos that are real close to the trail itself Ms. Silver clarified: So the motion would be to consider those. Cm. Zika stated: Yes. Cm. Sbranti asked: If we consider fences, do we have to put the fence height? Mr. Ambrose stated: We would have to bring that issue back to you, because, again, the project that's before you does not include those as parc of it. The otherparc of this motion is, atTer youget through the Notice of Exemption... Cm. Zika stated: Fm not sure why we have to put all of this other stuff in here. Cm. Oravetz asked: W~hat about CEQA ? Cm. Zika stated: That's parC of the motion to approve the Notice of Exemption. CITY COUNCIL ¢~/HNUi'ES V©L'U~vi~E 22 REGULAR MEETING May 2©~ 2003 Cm. Oravetz stated: Alright, again 171be opposed. Cm. Zika asked: You don't want to vote for any of this? Cm. Oravetz stated: No. An unidentified speaker from the audience stated: You'll get re-elected. Mayor Lockhart stated: Excuse me, we've finished public comment for now, if you gl please let us finish the deliberation. Thank you. Mayor Lockhart asked: So is there anything else that needs to go into the motion other than what he~s done7 Cm. Sbranti seconded the amended motion. Cm. Zika called for the question. Mayor Lockhart stated: Motion by Cm. Zika, seconded by Cm. Sbranti. Any other comment from Council? Ayes: Councilmembers McCormick, Sbranti and Zika, and Mayor £ockhart. Noes: Councilmember Oravetz. Mayor Lockhart stated: Motion passes 4-1. Mr. Ambrose clarified: Did Council include the portion authorizing Staff to advertise for bids in its motion? Cm. Zika stated: Yes. FAIRWAY RANCH AFFORDABLE HOUSING PROJECT, PA 03-010 1:25 a.m. 7.2 (430-80) Community Development Director Eddie Peabody presented the Staff Report and advised that, at the April 1 ~ 2003 City Council meeting, Staff presented a report to the Council on the Fairway Ranch Housing Project that included issues to be discussed at future City Council meetings. One issue was providing the Council with additional information on C~T¥ COUNCi~.L 'VOLU~4E 22 PAGE, 347 the management and operation of affordable housing project that are ten years or older, and information on the entity that would be utilized to manage the Fairway Ranch Housing Project. The affordable housing projects surveyed revealed that the projects are being maintained and managed successfully and turnover rates were reported as typical. Legacy Partners has been chosen by Klein Financial to provide property management services for the senior and family rental communities within the project. A proposal is now being developed that would require the owner to submit to the City for review and approval a plan for the marketing and management of the property. The requirements included in this action would ensure that the appropriate safeguards would be established to guarantee the continuing operation of the management entity for each of the rental projects. Martin Inderbitzen, representing Dublin Ranch, indicated that here with him tonight was Jim Tong with Charter Properties, Bob Klein and Terry Freeman of Klein Financial Corporation and Mike King of Legacy Partners. At a previous meeting, the Council had asked for more information about how the project would be managed and what the manager's requirements would be. Council had been previously advised that Legacy would be used, or an equivalent to Legacy as the standard by which Dublin Ranch would manage the project. Legacy has been hired on a consulting basis earlier in the project to help with some of the design issues, floor plans and project amenities to make sure that, operationally and developmentally, the project would make sense. They are experienced both as builders and managers of similar projects. Dublin Ranch intends to move forward with Legacy Partners under a management agreement. Mike King, Legacy Partners, showed a PowerPoint presentation of their projects and described their background in property management. He advised that Legacy provides high quality experience in managing this type of project. He distributed a marketing packet for Legacy partners to Council. Cm. Zika asked for clarification as to when Legacy Partners was formed. Mr. King advised that Legacy was the western region of Lincoln, and the principles formed Legacy Partners from there. He worked for Lincoln first; the principles have been with Lincoln Legacy for 33 years, and are the same people who founded the company in the western region. Cm. Sbranti noted that Legacy owned nothing that was more than 20% affordability at this time, so this would be the highest percentage of affordability in a property that they owned. He could see in the ones that they manage, there was some with 100% affordability, but in the ones that they owned 20% affordability is the highest. C~TV C©UNC~L M~NUTES VOLUME 22 REGULAR MEETING Mr. King agreed. Mayor Lockhart asked if their management services had programs for the low income and seniors? Mr. King indicated yes, they've had a lot of experience in that area, including shuttle buses which were very well received. They also have experience in mixed us~ property. Marry Inderbitzen indicated that it was his understanding that the Council had asked that the proposed property manager be introduced so the Council could learn a bit about them. However, the implication of the Staff Report is that Staff is looking for some kind of tacit approval or direction from the City Council that those provisions be written into the affordable housing regulatory agreement. That suggestion, he would submit, goes a lot farther than what he understood that the City Council wanted them to go. The report says that Staff wants the Council to write into the agreement specific requirements, including things like the right to approve, and to continue to approve, changes and the right to, maybe, terminate the property manager over the life of the project. There are some things that the Staff suggests in the Staff Report that Dublin Ranch can and will provide. There are some things that don't make them comfortable, but they might be willing to provide them. There are some things they don't think they can do because they think there will be lender requirements to contend with. The lender won't tolerate a third party terminating the property manager. They are in the middle of negotiating the terms with the City Attorney, and it really caught him by surprise to see this in the Staff Report. He is asking for tacit approval of it~ and is requesting that the Council not give direction on this because they don't have the whole story. Perhaps a committee of the Council would like to participate in the negotiation to see the whole issue and have a better basis for a decision. Mayor Lockhart asked Staff for their comment on Mr. Inderbitzen about lenders and the amount of third party interest a lender might have in management and giving that control to someone else over the lender and management team. Mr. Ambrose advised that Staff was not asking the Council for any tacit approval, which is something that Mr. Inderbitzen might be reading into the Staff Report. The information Staff included was just for Council's information in terms of some of the things Staff was discussing with Mr. Inderbitzen as part of the negotiations. Ail Staff was looking for tonight was an information report for Council to see if the developer was headed in the right direction using Legacy, and whether the Council would like Staff to arrange a field trip to see their properties. PAGiE 349 Cm. Zika indicated that he would like to take field trips to some of the other projects, especially some of the local older properties. Vm. McCormick asked to arrange a field trip to 3 or 4 local properties. CONSULTANT SELECTION FOR HISTORICAL RESOURCE IDENTIFICATION AND ARCHAEOLOGICAL ASSESSMENT WITHIN THE DONLON WAY AREA 1:50 a.m. 7.3 (600-:30) The City Council continued this item to the June 3, 2003 Council meeting. AWARD OF CONTRACT FOR EMERALD GLEN PARK PHASE II 1:50 p.m. 7.4 (600-30) The City Council continued this item to the June $, 2003 Council meeting. REQUEST FOR FUNDS BY THE DUBLIN HOUSING AUTHORITY TO CONDUCT AN ANALYSIS OF THE FEASIBIIJTY OF REDEVELOPING ARROYO VISTA This item was taken out of order and heard after Item 6.3 10:29 p.m. 8.1 (600-40) Community Development Director Eddie Peabody presented the Staff Report and advised that at its April 15, 2003 meeting, the Dublin Housing Authority discussed maintenance and operation of Arroyo Vista and the possibility of studying the feasibility of redeveloping the site. Arroyo Vista is a 20-year-old public housing project comprised of 150 single-family dwelling units. The Dublin Housing Authority is requesting funds from the City of Dublin's Inclusionary Housing Fund in the amount of $$0,000. These funds would be used for the planning activities, which would initially include submitting an application to the U.S. Department of Housing and Urban Development to explore the disposition of the public housing property. The study would include the feasibility of increasing the total number of housing units, providing more one-bedroom units, and relocating residents during the construction phase. Cm. Sbranti asked when the Housing Authority would hear the results of the report? Mr. Peabody advised that Staff would work with Alameda County Housing Authority as they seek consultants to do the study and work with HUD, and the work would get underway as fast as possible. On motion of Cm. Sbranti, seconded by Vm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 91 - 03 AUTHORiZiNG IIIE CIirW ~'V[ANAGER TO EXECUTE AN AGREEMENT BETWEEN THE DUBLIN HOUSING AUTIIORtTY AND ~iE CITY OF DUBLIN P3~GAF~OiNG A GI, D~,NT FOR THE ST~JDY OF ~IE FEASiBILIiW OF F~rDEVELOFMENT OF THE A~ROYO VISTA HOUSING COMPLEX And approved a Budget Transfer in the amount of $30,000 from the Inclusionary Housing Fund to the Dublin Housing Authority. CONSIDERATION OF ASSEMBLY BILL 1495 (CHAVEZ) RE: PAROLE PLACEMENTS FOR SEXUAL OFFENDERS 1:50 a.m. 8.2 (660-40) Economic Development Director Chris Foss presented the Staff Report and advised that existing California Penal law provides that an inmate releaSed on parole for any violation of child molestation or continuous sexual abuse of a child shah not be placed or reside, for the duration of parole, within one-quarter mile of any school including any or aH of Grades K~6 inclusive. Assembly Bill 1495 (Chavez) makes several modifications to the existing California law (Section 300:3 of the California Penal Code), including the citing of parolees. AB 1495 proposes to, among other things, expand the "safety-zone" in which convicted sexual offenders are prohibited to live and/or work to one-quarter mile from any elementary or middle school. At the May 6, 2003 Council meeting, Mayor Lockhart advised that she had received a letter from Mayor Herfert of West Covina encouraging the City's support of AB 1495. The proposed legislation was C~/T'¥ COUNCIL N'~i~NUTES VOLUME 22 REGULAR MEETi{NG M~7 20, 20e3 PAGES 35t passed out of the Assembly Public Safety Committee on May 1, 2005 and was amended on May 5, 2003. Legislation has been approved by the Dublin Police Services. Mayor Lockhart advised that the real issue was it included elementary schools but not middle schools, which some people felt should be included. On motion of Cm. Zika, seconded by Cm, Oravetz and by unanimous vote, the Council directed Staff to write a letter in support of AB 1495 for the Mayor's signature to be mailed to Assemblyman Ed Chavez. OTHER BUSINESS Mayor Lockhart indicated that the new street banners were up and looked beautiful, and thanked the school kids who designed them. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 1:54 a.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mawr ATIZST: City Clerk