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HomeMy WebLinkAbout4.01(b) Draft CC 07-01-2003 MinA regular meeting of the Dublin City Council was held on Tuesday, July 1, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:44 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, ©ravetz, Sbranti, and Mayor Lockhart, ABSENT: Councilmember Zika. Mayor Lockhart apologized for the delay in starting the meeting, which was caused by technical difficulties. PLEDGE OF ALLEGIANCE Ashlei LiiLii, Mayor Lockhart's 9~year old great-niece ~siting from Honolulu, Hawaii, led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEE 7:45 p.m. 3.1 (700-10) Public Works Director Lee Thompson introduced Melissa Morton, the City's new City Engineer. Ms. Morton comes to Dublin from Contra Costa County and brings a wealth of experience. PROCLAMATIONS 7:46 p.m. 3.2 (610-50) Mayor Lockhart read a proclamation declaring July 2003 "Parks and Recreation Month" in the City of Dublin, and presented it to Parks & Community Services Commission Chair Sue Flores. CiTY C©UNC~ L ~iHN'UTES V©LU~d~ 22 REGULAR MEET~NG PAGE 442 Ms. Flores thanked the Council for recognizing the importance of parks in Dublin and expressed excitement regarding the many upcoming Parks projects. 7:48 p.m. $.$ (6i0~50) Mayor Lockhart read a proclamation declaring July 2005 as "Hunger Awareness Month" in the City of Dublin. Bonnie Wilson, Tri~Valley Haven, accepted the proclamation on behalf of the Tri~Valley Hunger Coalition. She explained the mission of the Tri~Valley Hunger Coalition, and spoke about the thousands of people in the Tri~Valley that they serve. Summertime means hungry children who are not receiving free lunch at school. 7:55 p.m. Superintendent John Sugiyama, Dublin Unified School District, thanked Chief Gary Thuman and the Dublin Police Department for the extensive services provided by the Police Department to the Dublin schools this year. The School Resource Officer has made a huge difference, and the police cars patrolling during peak times helped with dangerous parking lot situations. 7:56 p.m. Sue Flores, representing the Americans Supporting America (ASA) Program, updated the Council on the homecoming parade and picnic, which will be held August 16th in Livermore. ASA is looking to bring in 2-4 representatives from Dublin's adopted military unit for the event. She asked that the Council place an item on a future agenda to consider providing extra funding to help with airfare to bring these representatives from Fort Campbell, Kentucky. 7:59 p.m. John Collins, Allegheny Drive, advised the Council that it would soon hear the first reading of a draft ordinance regarding oversized vehicles. He urged the Council to read the information from National Traffic Safety Board and asked the Council not to approve the draft ordinance. The Committee did not take the time to do real research. 8:00 p.m. Mary Qian, Mountain View, advised the Council that American citizen Dr. Charles Li had been arrested during a recent visit to China because of his belief in Falun Gong, a very peaceful meditation exercise. Dr. Li went to China specifically to expose the persecution truth in China against those who practice Falun Gong. Thousands of people are being arrested, tortured and sometimes killed because of their beliefs. She asked the Council's help to expose this truth and to get out the word to assist in Dr. Li's rescue. Any help is welcome. She distributed an information packet to the City Council. 8:03 p.m. Shawn Costello, Dougherty Road, advised that he travels up and down the Iron Horse Trail all the time in his wheelchair. There is a very dangerous spot for wheelchairs going past Sybase. There is an asphalt sidewalk that goes up to Sybase that is very narrow and crumbling. He has talked to the City many times about this, and they just put a sealer on the sidewalk. The sealer is not helping the cracks, which are getting wider. There are four wheelchairs that he knows of that use this route to go to work and to the shopping center. He asked the Council to direct the Public Works Department to put asphalt inside the cracks because the sealer is not helping. It is very dangerous for wheelchairs along this stretch. Mayor Lockhart asked the Public Works Director to investigate the issue. CONSENT CALENDAR 8:05 p.m. Items 4.1 through 4.14 Mayor Lockhart pulled Item 4.5 from the Consent Calendar. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 17, 2003; C~T¥ COUNCEL M~NUTES REGULAR ~:~EETI P{G PAGE 444 Adopted (4.2 600~35) RESOLUTION NO. ~41 -03 AWARDING CONTRACT NO. 034 2 STRIPING AND MARKING CONTRACT TO CHRISP COMPANY ($6~,645) Adopted (4.3 G00-$0) RESOLUTION NO. 14:~- 03 ACCEPTING IMPROVEMENTS TO CIVIC CENTER MBRARY Accepted (4.4 600 ~ :35) improvements under Contract 02-08, Traffic Signal at Dougherty Road and Willow Creek Drive, and authorized the release of retention to Brown and Fesler, Inc., after :35 days if there are no subcontractor claims; Accepted (4,6 600~ :35) work constructed under Contract 02 ~ 18, Traffic Signal Battery Backup Systems, and authorized payment to Republic Electric, Inc., less retention to be paid in :35 days if no subcontractor or supplier claims are received; Adopted (4.7 700~20) RESOLUTION NO. 443- 03 ESTABMSHING a SALARY PLAN FOR FULL-T~E PERSONNEL ~N ACCORDANCE W~TH THE PERSONNEL RULES and RESOLUTION NO. ~44- 03 ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT FROM COmPETiTiVE SERVICE Received (4.8:330~50) the Financial Reports for the Month of May 2005; VOLUME 22 REG!O!,A R 5/H~ET~NG PAGE 445 Adopted (4.9 G00~$0) RESOLUTION NO. 145- 03 APPROVING AMENDMENT TO AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS Adopted (4.10 GOO-SO) RESOLUTION NO. 146- 03 APPROVING CONSULTING SERVICES AGREEMENT W~TH RUGGER~-JENSEN-AZAR & ASSOCIATES TO PERFORM C~V~L ENGINEERING AND LAND SURVEYING SERVICES Authorized (4.11 720-50) the City Manager to accept the rate renewal as pr~v/ded by ABD Insurance Services on behalf of Prudential Financial for Life, AD&D, LTD and STD coverage; Authorized (4.12 720-40) the City Manager to execute a Contract Amendment with Delta Dental; Adopted (4.1:3 700-40) RESOLUTION NO. 147- 03 AMENDING THE PERSONNEL SYSTEM RULES {ADMIN~STP, ATIVE LEAVE & GENERAL LEAVE) and RESOLUTION NO. 448- 03 AMENDING THE MANAGEMENT POSIT~ONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION {ADM~NISTRATIVE LEAVE) Approved (4.14 300-40) the Warrant Register in the amount of $1,655,864.96. C:TY COL!NC~.L M~NTiTTES ~! ~.~ ~, ~. ~ ~ ~ Mayor Lockhart pulled Item 4.5 (600-35) resardin$ authorization to advertise Contract 03-14, 2003-04 A~nual Slurry Seal Pro, ram, for bids, and asked if Staff planned to list the streets to be slur~ sealed and the appro~mate work dates on the City's website. ~blic Works Director Lee ~ompson a~ised the street names and stated information would be posted ondine. Vm. McCormick expressed concern about this type of work bein~ done on sparedhe-air days~ and reguested that the ~nnin5 bidder have a cease work policy for these days. Slu~ is preRy nasty work on hot days. Mr. ~ompson a~reed to investigate the regues~ but expl~ned that the slur~ is an oil and water based m~ ~th sand ~e water vapors rome off in the heat, not the oi( which stiv~ to the pavement. There may be some fumes, but no volatile elements vomin~ off Vm. McCormick asked tha~ the Public Works D~artment to investigate the regue~ to make sure Dublin is doin$ the right thin$ on spare-the-~ir d~ys. On motion of Vm. McCormick, seconded by Cm. Sbranti, and by unanimous vote (Cm. Z~a absent), the Council author2ed Staff to adve~ise Contract 05-14, 2005-04 ~nual Slur~ Seal Program, for bids. RECESS 8:10 p.m. Mayor Lockhart asked for a 5~minute break. At 8:21 p.m., Mayor Lockhart reconvened the meeting with all Councilmembers (Cm. Zika absent) present. PUBHC HEARING - ZONING ORDINANCE AMENDMENTS TO CHAPTER 8.12, ZONING DISTRICTS & PERMITTED USE OF LAND; CHAPTER 8.134, HOME OCCUPATIONS REGULATIONS; CHAPTER 8.7t3, OFF-STREET PARKING AND LOADING REGULATIONS; AND CHAP~R 8.80, SECOND UNIT REGULATIONS OF THE DUBI,IN MUNICIPAL CODE (ZONING ORDINANCE). 8:21 p.m. 13.1 (450-20) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. C~TY COUNCIL M~NUTES REG~LAR MEET~.NG To implement the new State Law regarding second units, the City of Dublin is required to revise the Zoning Ordinance to ensure compliance with newly enacted regulations. Section 8.80.030 is proposed to be revised to Section 8.80.040, Development Standards and Regulations, and would allow a second unit to be permitted within the R~ 1 Residential District and Planned Development Districts (if not prohibited by the PD regulations) with issuance of a budding permit if it complies with certain recommended development standards. It also eliminates the requirement of obtaining CUP approval from the Zoning Administrator, and revises the numbering of the section. The State legislature believed the CUP process utilized by most municipalities in approving the development of second units in residential zoning districts was excessive and burdensome and unreasonably restrictive to homeowners. The legislation does allow a City to establish a procedure and specific criteria in its Zoning Ordinance for evaluating second units relative to parking, height, setbacks and other matters, but prohibits the local jurisdiction from requiring discretionary or more subjective review of second units. Staff also recommended adding Section 8.80.050, Permitting Procedures, to the Zoning Ordinance. The section dealing with second unit parking would modify the reference to the subsection for second unit parking to be consistent with the previous revisions. The amendment to the Zoning Ordinance also addresses a modification to Chapter 8.64, Home Occupation Regulations. With the advent of internet based businesses, a resident could work out of their home and presumably conduct several businesses at one time within a minimal amount of floor area or space. Because of this, Staff suggested deleting the section of the Home Occupation Regulations restricting the number of home occupations for one residence and to remove the restriction. The various changes to the DMC listed above would not create environmental impacts. Ms. Harbin discussed CEQA Guideline exemptions. On June 10, 2003, the Planning Commission recommended that the City Council adopt the Ordinance to amend the DMC as proposed. Vm. McCormick noted that the Staff Report stated that "based on the proposed revisions, if all of the above requirements were met, the Community Development must issue the 'permit." She asked if that takes away any Staff discretion at all? C~TV COUNCIL VOLUME 22 REGULAR ~SEET~NG Ms. Harbin indicated yes. Vm. McCormick asked if it included garage conversions? Ms. Harbin indicated no, it does not include garage conversions. Garage conversions would still be under the current regulations, and still be looked at by the Planning Commission. This law only has to do with second dwelling units. Mayor Lockhart clarified that if someone meets the standard criteria and have the required setbacks, and the utilities, etc., then the request must be approved. Ms. Harbin agreed. Cm. Sbranti asked about the setbacks. Ms. Harbin advised that the side setbacks would be the same as for the principal dwelling unit, and be allowed to go further back in the lot to a smaller setback in that area. Cm. Sbranti asked about compatibility with surrounding neighborhood if, for example, someone wants to add a second story in an all single~story neighborhood. Ms. Harbin advised that it probably wouldn't be something they could not approve if they also wanted a second story because, usually in a single family neighbor, a second story can be added unless there are specific planned development district restrictions. Cm. Sbranti asked if this would allow for lofts above the principle residence, as a separate residence with a separate entrance? Ms. Harbin advised yes, it can either be attached or detached to the primary residence. Vm. McCormick asked if the proposed Ordinance would override all HOA regulations? Ms.Harbin advised that the new legislation wasn't meant to take the place of HOA regulations. There are certain times that Staff might need to look at CC&R's, but that is not the norm. Cm. Sbranti clarified that this law applies unless PD Regulations prohibit it, so if PD Regulations or HOA's prohibit it, then that takes precedence? Ms. Harbin agreed. Cm. Sbranti asked if the amendment would allow for a loft or detached dwelling to be used for a business? Ms. Harbin advised that it would allow a second dwelling unit resident to have a Home Occupation (HO) permit. It would not allow it to become a business for the whole unit because it would take up too much room. An HO permit only allows a business to take up space in one room. To use the entire dwelling unit as a business would not be allowed, as it would change the whole purpose of the amendment, which was to provide more housing. Cm. Oravetz clarified that his garage could be converted into bedrooms, as well as build and rent out a loft to his mother-in-law, as long as he complied with the parking regulations? Ms. Harbin agreed. Cm. Sbranti asked if there had been a lot of interest from residents wanting to get Conditional Use Permits for this type of project? Ms. Harbin advised yes, Staff has received several inquires recently. Many people now have extended families, with older children coming back home or elderly needing assistance. No public testimony was given relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. McCormick, and by unanimous vote (Cm. Zika absent), the Council waived the reading and INTRODUCED the Ordinance amending the DMC (Zoning Ordinance). PUBLIC HEARING FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY PA 03-010 8:33 p.m. 6.2 (600-60/430-80) Mayor Lockhart opened the public hearing. Assistant Planner Marnie Waffle advised that she would begin the Staff presentation with the project description, Planning Consultant Mike Porto would then discuss CFFY COUNCD5 N'HNUTES '¥'©L t?dE 22 REGULAR MEETING landscaping and architecture, and City Attorney Elizabeth Silver would present the Development Agreements. Ms. Waffle advised that this public hearing is for the City Council to consider an application from the Lin family for a Site Development Review (SDR), Density Bonus and four (4) Development Agreements for the construction of 030 residential units of which 588 will be affordable to very-low, low and moderate income households. The project will be located within the Eastern Dublin Specific Plan, Dublin Ranch Area C, between Dublin Boulevard and Central Parkway, east of Keegan Street. There are three components to the project: Senior Housing, 322 units; Multi-Family Rental Housing, 304 units; and For-Sale Condominium Housing, 304 units. Ms. Waffle indicated that originally the proposal was 587 affordable units. In a letter from the Applicant, which was delivered to the City Council after the Agenda was posted, an additional affordable unit was requested to be added to the proposal. Planning Consultant Mike Porto directed the Council's attention to the project model and described the landscaping and architecture of the project. The overall concept of plan was similar to the Waterford project; the main difference was that the architect was able to open up the project and have courtyards that provided more open space. He explained the design and build out of the project. City Attorney Elizabeth Silver advised that there were 4 Development Agreements (DA's) before the Council tonight. The Fairway Ranch Development Agreement includes provisions related to phasing, affordable unit credits and the waiver of a potential Commercial Linkage Fee. The other three Development Agreements are specific to the three different components: Senior Housing, Multi-Family, and Condos. The Development Agreements were separated at the Applicants request for ease of assignment of the three components to other Developers, if necessary. The term of all of 4 DA's is the standard 5 year term for DA's that are required by the Specific Plan. Included is an option for the Developer to extend the term for up to another 5 years upon payment of $100,000 per year for each one-year extension. This is consistent with what the Council has approved for several other large projects that are anticipated to take longer than 5 years to build out. The DA provides that the Site Development Review (SDR) approval would be valid for 5 years. Under the Ordinance an SDR is typically good for one year with the right to extend it for six months. It further provides that if the Applicant completes either the senior project or the multi-family project within 5 years, the SDR approval for the rest of the $ components would be valid for another 5 years. That would give the Applicant a total of 10 years to build out the entire project. CITY COUNCIL N/HN'UTES V©LUrS~E 22 REG~iLA.'R MEETING Because SDR was specific to this project, Staff felt that 10 years was an adequate period of time to tie down the project design. Cm. Sbranti clarified that if the Developer completed just one of the three phases within the 5 year period, it would automatically extend the project for another 5 years. Ms. Silver agreed, as long as it was the senior or multi-family project because of the affordability. They would not have to pay the $100,000 to extend the SDR. If they wanted to extend the DA itself, then they would have to pay the $100,000 each year thereafter. The provision related to the extension of the SDR is consistent with the existing Ordinance, but clarifies the Ordinance by stating that if they have begun and finished either the senior or multi-family project, then the SDR would be good for another 5 years. This is putting it down in black and white, but cutting it off after 10 years so that the AppIicant cannot come back and argue that under the City's Ordinance, he's been diligently proceeding with the project, and even though he's only finished one of the three components in 10 years he still can continue with the SDR. It terminates after 10 years. Cm. Sbranti questioned how this was consistent with the Zoning Ordinance (ZO). Ms. Silver stated one of the provisions of the ZO says that as long as an Applicant has started a project within the one year or the 18 month period, the SDR is still valid if the Applicant is diligently proceeding with the project. Ms. Silver explained that, in addition to extending the SDR for possibly up to 10 years, the DA provides that the Developer must complete either the senior or the multi-family project before doing the condo project, because those projects have the bulk of the affordable units. However, the Developer asked that we consider allowing him to start on the condo project. We said yes, as long as the condo project had been modified to include the number of affordable units required under the Ordinance. That would mean the condo project Would have to be modified to have not just moderate units, but low and very-low units consistent with the Ordinance. In terms of phasing, the DA does two things: 1) The Developer cannot start the Condo project until either the family or the senior project is finished; or 2) If the Developer wanted to start the condo project first, an agreement would be required so that the required number of affordable units for the condo project would be built. The DA also requires them to build the affordable units as they build the market rate units. One of the exhibits to the SDR shows exactly where the market rate, the moderate, the low, and the very low units will be when it's first built and first rented. C~TY CO~iNC~L MINUTES V©LUME 22 REGULAR MEET~NG PAGE 452 The Ordinance outlines affordability, with low considered between 50~80% of the average median income. The Applicant initially proposed that the low income units would be more affordable than the Ordinance requires. So rather than renting to people between 50-80%, the Applicant has proposed all along that those low income units be rented to people at 60% or lower, providing deeper affordability. The DA commits the Developer to doing that. It is important to understand that the DA and the SDR place a cap for all of the affordable units on what the Developer can charge in the way of rent and who they can be rented to. There is specific language in the DA that covers all three of the phases which provides that the Developer can satisfy the obligation for providing moderate units with low and very low units, and can satisfy the obligation for providing low income units with very low income units. This provides flexibility to the Developer if he has a unit that should be a low income unit, but doesn't have any low income applicants. Instead of sitting unoccupied, it can be rented to a very low income applicant. It also allows the Developer to propose greater affordability than the City is requiring in order to get tax-exempt bond financing. The letter that was distributed to Council earlier from Mr. Inderbitzen indicates that, in assessing the project and the number of points needed to get bond financing, they are going to propose greater affordability to CDLAC, the State agency that doles out bond financing, than they are proposing to the City. What is before the Council tonight, is what has been discussed for several months, and what went the Planning Commission last week. It is providing deeper affordability than the City's Ordinance requires because of the 60% for the low income vs. the 80%. The Applicant proposes to commit to CDLAC, in its proposal for bond financing, that they would provide more very low income units. Their project now before the City proposes overall that 30% of the units be low income, and 20% be very low income units. What they are going to propose to CDLAC for bond financing is that you take 10% of those low income units and rent them to very low income people, so they would have 20% low income and 30% very low income. This plan meets the City's requirements. Mayor Lockhart asked if the Developer could go back to the 30 low/20 very low if that plan doesn't turn out to be required by CDLAC? Ms. Silver advised that it could, but if they get the bond financing, they would be committed for the period of the bonds and tax credits except in the unlikely event of a foreclosure and redemption of the bonds. In that event, they would be required to provide $0% of the units to low income and 20% to very low income because that is what is before the Council to approve. Another agenda item, which will be heard later this evening, will explain the issue of subordination. If the Developer proposed to construct more very low income units, it doesn't affect the site plan or the parking, and doesn't change any of the physical aspects of the project. C~'TY C{~UNOiL M~NUTE$ V©}LUME 22 REGULA~t N;iEET~?~G PAGE 453 The DA also provides for affordable unit credits. There are 93 affordable units required for the Fairway Ranch project itself. The Developers propose that, of the total 588 units, after 93 are constructed, then the next 332 units would entitle the Developer to affordable unit credits. As provided in the Inclusionary Zoning Ordinance (IZO), if a Developer builds more than the required number of affordable units, he can ask the Council for a credit to be used on other property he owns or he can sell it to someone else. It is proposed here that the Developer have 332 credits which, times 12.5%, means that the Developer can build another 2,655 units on the rest of Dublin Ranch. This agreement commits the Council to requiring the rest of Dublin Ranch be built at the 12.5% rate based on the current Ordinance. The DA will allow the Developer to satisfy the affordable obligation at the 12.5% rate, even if another Council in the future raises the rate. The Applicant has also requested that the Master DA for Dublin Ranch be amended to state the same. The credits would be good for 30 years. The DA also includes a waiver of a potential fee on commercial development to provide housing or in lieu fees that result from commercial development. The Developer will be building 163 units over and above what is required for the 93 units for this property and the 332 units. The Council had previously indicated that preliminarily, in consideration for those extra units, that it would agree to waive the Commercial Linkage Fee if one was adopted on the commercially designated land owned by the Applicant. The DA places a 30 year cap on that. When the second reading is presented on July 15th, there will be a few minor cleanups, including provisions related to the Planning Commission's approvals. Mr. Porto concluded the Staff Report by advising that the Planning Commission, at its June 24th meeting, reviewed and approved the Tentative Map, as well as recommended the SDR, Density Bonus and 4 DA's go to the Council for its review and action. Mayor Lockhart asked if any headway had been made on the community park issue. Mr. Porto advised that Staff resources have been devoted to the Fairway Ranch issue. Marry Inderbitzen, Lin Family Representative, advised that there are several remarkable things about the project: 1) Staff has been excellent in bringing the project to the Council early. Everyone pulled together in a cooperative effort. He has absolutely no criticism of the Staff Report or documents before Council. 2) The project is going to bring rental and for-sale housing opportunities to all segments of the community, seniors, families, all levels of employees. 3) The project is uncompromising in landscape, architecture, site design, amenities, and location. They have made (tTY COL~NC }!L PAGE 464 improvements in being pedestrian friendly and landscaping. An increased level of affordability plan was included just last week. This project is a long way to being built, but will it be spectacular. He reviewed the information included in the letter he had distributed to Council earlier in the evening regarding CDLAC bond financing. Cm. Sbranti asked about the 10 year requirement on shuttle service. He was under the impression that it was :30 years. It seemed like a limited time, especially for the senior component. Mr. Inderbitzen advised that they had requested a 10 year requirement, based on the requirement that CDLAC would impose in order to recognize it as a legitimate project amenity. Ten years is a significant timeframe, but we don't know what is going to happen in the area surrounding transit. They are working with existing transportation agencies regarding the issue, and are asking not to be committed beyond 10 years. Cm. Sbranti asked what they envision would happen after 10 years, especially for seniors? Mr. Inderbitzen advised that the proposed shuttle program covers all three of the projects, not just the senior project. The senior component would have a separate transportation plan going on beyond the 10 years. They would prefer to reevaluate the rest of the program in 10 years to see how it is going. It is not just a cost issue, as other considerations like peak times and schedules would need to be considered. Mayor Lockhart asked if there was a way to specify that the senior shuttle component continues? Mr. Inderbitzen advised that they would accept that modification, but would like to have, over the life of the project, the flexibility to make modifications based on the actual demands. The Council, Staff and Applicant discussed proposed bus stop locations and busing routes, as well as street configurations. The streets within the project were mainly meant for pedestrian access. Cm. Sbranti advised that he felt strongly about the senior transportation issue. Vm. McCormick noted that the Staff Report recommended $0 years for the senior shuttle. Mr. Inderbitzen agreed to the modification. Cm. Sbranti asked about the affordable unit mix with the projects. Mr. Inderbitzen referred to the Staff Report exhibit which showed the unit mix, and advised that the affordable units would be mixed throughout the project. Cm. Sbranti asked if the applicant screening process would be taken care of by Legacy Property Management. Mr. Inderbitzen indicated yes, as well as an outreach program. Mayor Lockhart asked if the Dublin Housing Authority would receive a report on the affordable housing like it does with Park Sierra. Housing Specialist Julia Abdala advised that, per the IZO, Council would receive an annual report, not quarterly like Park Sierra. Vm. McCormick asked if the underground parking plan was discarded because of money. Mr. Inderbitzen advised yes; however, the levels of the parking would not be visible from outside anyway which is an advantage in this type of project. Vm. McCormick asked if there were bike racks throughout the project. Mr. Inderbitzen stated that they hadn't gotten to that level of detail yet. Vm. McCormick expressed interest in green building elements, such as solar for pool heating, or maybe electric shuttles. Mr. Inderbitzen stated green building was incorporated into the Conditions of Approval. Mr. Porto advised that green building would be applied to the construction aspect of project. Cm. Oravetz asked if the streets would be public or private. Mr. Inderbitzen advised that they would be private streets. Mayor Lockhart asked if the upper tier of the condo parking would be screened at top so it would not be seen from ground level? Mr. Porto advised that the line of sight is such that it would not be visible. Mayor Lockhart asked about the avenue of trees all the way around the project. Mr. Porto advised that the Streetscape Master Plan was approved as part of Area G. The Council, Staff and Landscape Architect discussed types of trees and placement in sidewalk areas. The sidewalks are 8 feet, which is exceptionally wide for this type of project and very pedestrian friendly. Vm. McCormick asked about public art. Mr. Inderbitzen advised that public art would be included, as it is very important. He further specifically thanked and commended Housing Specialist Julia Abdala, as well as the City's Financial Consultants, for their very important input. Rich Guarienti, Rhoda Avenue, expressed interest in the senior component of the project. He applauded Cm. Sbranti for bringing up the transportation issue for seniors. A dedicated shuttle for large senior housing complex is a must. Mayor Lockhart closed the public hearing. Vm. McCormick made a motion to adopt the Resolution approving Site Development Review and Density Bonus; waive the reading and introduce the Ordinance approving . the four Development Agreements. Mayor Lockhart asked Vm. McCormick if she would consider amending her motion to include an amendment to require senior busing for 30 years. Ms. Silver adv/sed that the amendment would require a change to Condition of Approval #¢6 in the Resolution, and suggested the following addition to the condition: "The shuttle service shall remain in operation serving the residents of Fairway Ranch for a period of 10 years from the date of initial occupancy, provided the shuttle service for the senior project shall remain effective for 30 years following the date of initial occupancy." On motion of Vm. McCormick, seconded by Mayor Lockhart, and by unanimous vote (Cm. Zika absent), the Council adopted, as modified RESOLUTION NO. 149- 03 APPROVING S~TE DEVELOPMENT REVIEW AND DENSITY BONUS FOR FAIRWAY RANCH AFFORDABLE HOUSING COMA~UNITY PA 03-0i0 and waived the reading and INTRODUCED the Ordinance approving the four (4) Development Agreements. Mayor Zoclrhaz~ advised that the Council would consider Item $. 6, Fairway Ranch Ix)an Commitments, at this time as it was related to the item just approved. CONSULTANT SERVICES AGREEMENT - BUS SHELTER FABRICATION 9:55 p.m. 7.1 (600~$0) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. This agreement is with Artist Dan Dykes for fabrication of three bus shelters to be placed in downtown Dublin based on a design previously approved by the City Council in February, 2003. A fixed fee not to exceed $75,000 will be paid. Sufficient funds are included in the FY 2003-04 Budget. Vm. McCormick asked if weather would affect the project. Ms. Yvonne advised that the only weather~related affect might happen during the week of installation in order to do the foundation. Mayor Lockhart stated a Dublin resident consistently reminds her that the bus stop near McDonald's on Dublin Boulevard is a dangerous site. Have there been any problems at that location? Ms. Yvonne advised that she had spoken with LAVTA representatives about the location. The bus actually stops past the shelter, because the shelter is at the edge of the driveway and they don't want to block the driveway. It is a very busy bus stop and LAVTA has no plans to remove it from that location. Mayor Lockhart asked if it could be moved as far over as possible. Ms. Yvonne advised that she would study the feasibility of moving the bus stop with the Planning Department. On motion of Cm. Oravetz, seconded by Vm. McCormick, and by unanimous vote (Cm. Zika absent), the Council approved the Agreement and authorized the Mayor to execute. CONSULTANT SELECTION FOR THE PREPARATION OF THE RESOURCE MANAGEMENT PLAN WITHIN THE EASTERN DUBLIN PROPERTY OWNERS ANNEXATION AREA (EDPO). 9:59 p.m. 7.2 (600-30) Senior Planner Andy Byde presented the Staff Report. As part of approving the annexation and prezoning of the Eastern Dublin Property Owners area (the area east of Fallon Road to the City's Sphere of Influence line), the City Council certified a Supplemental Environmental Impact Report on April 2, 2002, which contained several mitigation measures relating to future environmental and resource analysis to be done. The project area annexation received final approval by the Alameda County Local Agency Formation Commission on July 11, 2002, and steps to implement the approved mitigation measures have begun. Staff reviewed Proposals received from five qualified firms with associated sub- consultants for various elements of the Plan. After interviews and reference checks, Staff determined that Wetlands Research Associates, Inc., prepared the most comprehensive proposal considering approach, tasks and contract price. The costs of preparing a Resource Management Plan will be paid for by developer deposits and will ultimately be borne by all property owners within the Eastern Dublin Property Owners boundary area. The total of the contract as identified is not to exceed $167,708. C~TY C©~jNC~L M~N'UTES REG~SLAR MEETING PAG~ S59 Cm. Sbranti asked if the RMP would determine potential areas for residential and commercial development, as well as which areas would be difficult to develop. Mr. Byde advised that this particular plan and background of approvals is a little different than other projects. The Council approved a Stage 1 PD for this area, which approved in concept, general areas for residential, commercial, etc. However, there was some information that was not known until detailed site planning was done. Cm. Sbranti asked if the RMP would analyze to the level that specifies which areas are for open space park use or which areas are totally off limits. It's important to have open space opportunities in the east. Mr. Byde indicated yes. Mayor Lockhart stated the RMP gives us a better opportunity to plan trails in advance. Cm. Oravetz confirmed that the $1 ¢7,000 was a developer deposit; the City is not paying for it. Mr. Byde confirmed that a single developer has been paying for the processing of the project, and will continue doing so. Staff is working on a reimbursement agreement where the cost would be spread over all of the property owners as the properties are developed. Mayor Lockhart noted that the Developer was in full support of doing the project this way. Cm. Sbranti asked about the timeline. Mr: Byde advised that the projected completion is March 2004. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council adopted RESOLUT~OIN NO. t,51 -03 APPROVING AN AGREE~]ENT W)TH CONSULTANT (WETLANDS RESEARCH ASOCIATES, ~NC.) FOR THE RESOURCE i~,~ANAGE~ENT PLAN W~TH~N THE EASTERN DUBLIN PROPERTY OWNERS ANNEXATION AREA and authorized the City Manager to negotiate and execute the Agreement, not to exceed $167,708. AUTHORIZATION TO SOLICIT BIDS FOR I~ 580/SAN RAMON ROAD/ FOOTHILL ROAD INTERCHANGE IMPROVEMENT PROJECT CONTRACT O3-11 8:06 p.m. 8.1 (600-35) Public Works Director Lee Thompson presented the Staff Report. This project would realign the westbound 1-580 off ramp at San Ramon Road from a cloverleaf to a tee intersection and would install a traffic signal at this tee intersection. The improvements would solve the short weaving movements between the off ramp and Dublin Boulevard. Funding is proposed to come from the Tri~Valley Transportation Council. Cm. Sbranti expressed concern about traffic configuration near the Petco Store on San Ramon Road. The Council and Staff discussed the current traffic configuration and how the proposed configuration would affect traffic. Cm. Sbranti reiterated his concern about the potentially dangerous traffic configuration near Petco, and suggested that the Council may want to consider that issue at a later time. On motion of Cm. Oravetz, seconded by Vm. McCormick, and by unanimous vote (Cm. Zika absent), the Council authorized Staff to advertise for bids. SENIOR CENTER ART DESIGN 10:14 p.m. 8.2 (600-30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. The Senior Center Art Selection Committee, the Senior Center Advisory Committee, the Heritage & Cultural Arts Commission and the Parks & Community Services Commission are recommending approval of the "Wisdom Through the Ages" artwork design by C~T¥ COUNCIL M~NLTTE~5 VOLUME 22 REG ~L~LA.~7. MEETING Rowland Cheney. Funding of $49,000 is available in the 2002-07 5~Year Capital Improvement Program. Mr. Cheney proposes a bronze sculpture approximately eight feet by eight feet utilizing images that have been associated symbolically with the concept of wisdom throughout the centuries and across many cultures. The sculpture depicts cranes, owls and horses. The patina colors and the placement of the elements of the sculpture are meant to provoke a feeling of continuum and balance of life forces that is wisdom. A maquette of the sculpture was presented. The location recommended is the rear courtyard of the Senior Center in the planted area at the edge of the patio. It would be in direct alignment with the front doors and should draw the eye down the corridor to the rear of the building. It would also be visible and accessible to the public that rents the community room at the Senior Center. Following approval of the artwork, Staff will finalize an agreement with the artist and the agreement will be brought before the City Council at a subsequent meeting for approval. Vm. McCormick asked if the sculpture would be visible from Amador Valley Boulevard. It would be best to be visible. Ms. Yvonne advised that it would be partially blocked by the 6' perimeter wall, so it will not be completely visible from the street. After the 8' sculpture is placed on the pedestal, it will be about 12' tall. The wall is recommended to be 6' tall to act as a sound barrier along the busy street. Mayor Lockhart asked if the Senior Center Advisory Committee supports the recommendation? Ms. Yvonne advised that the project went to the Senior Center Advisory Committee prior to going to the Heritage & Cultural Arts and Parks & Community Services Commissions. The Senior Committee had expressed concern about the sculpture being placed in the courtyard and potentially blocking the use of the space. To mitigate the concern, the sculpture will sit in a planted area. Vm. McCormick asked if the artist would consider a higher pedestal? Ms. Yvonne advised that the artist probably wouldn't mind, but the seniors had already expressed concern about it being so tall. It would need to be on a 6' pedestal to be completely visible. Vm. McCormick suggested that it be lit at night} Ms. Yvonne indicated that it was a good suggestion. Cm. Sbranti asked if the symbolism would be described on a plaque or in a brochure? Ms. Yvonne stated the plaque would be for identification only, but an informational brochure would be ideal. Cm. Sbranti made a motion to approve the artwork. The motion was seconded by Cm. Oravetz. Vm. McCormick asked for the motion to be amended to include lighting the sculpture at night. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council approved the artwork with the modification of lighting at night. REVIEW OF SERVICES AND NEW 3~YEAR AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES 10:24 p.m. 8.3 (600~30) Public Works Director Lee Thompson presented the Staff Report, advising that MCE has provided maintenance services to the City of Dublin since 1984. The current one-year contract with MCE expires on June 30, 2003, and it is proposed to execute a new three~ year agreement with the ability to request annual rate increases. Mr. Thompson advised that there was a typo in the dollar amount of the contract shown on Exhibit 2, Payment Schedule. The numeric amount ($2,574,445) shown in the Exhibit was correct; the amount in written form was incorrect, and will be corrected before the contract is executed. Vm. McCormick asked how progressive the company was in terms of low emission equipment, no work on spare-the-air days, etc. Mr. Thompson advised that delaying work might sometimes cause problems and is very expensive. The equipment that MCE rents is fairly new with low emissions. Mayor Lockhart suggested that MCE come up with an alternative work plan for spare- the~air days, such as weed instead of run lawn mowers. Mr. Thompson advised that it might be a problem with some of the subcontracts, but could be studied. Approximately 40% of the work is subcontracted, and the subcontractors have to booked in advance and have a pre-determined work schedule. Assistant City Manager Joni Pattillo suggested that the feasibility of the issue become part of her monthly meetings with Public Works and MCE. The issue will entail a lot of study. The City Council discussed the importance of alternative work plans on spare~the~air days, as well as using low emission equipment, and agreed that the issue should be studied. The City of Dublin needs to set a good example for our residents. Ms. Pattillo advised that MCE is very progressive regarding cost containment and using technology for efficiency. She indicated that Staff would be happy to provide a progress report to Council regarding the issue during Public Works' presentation to Council at one of its August meetings. Cm. Sbranti asked about the wage and benefit package for MCE employees. Mr. Thompson advised that some of the work is considered prevailing wage work, some are paid less. Stan Smalley, Vice President of MCE, reviewed the salary and benefits package, and advised that MCE experiences good retainage of employees because of their excellent package. The more repetitive jobs are subcontracted out, and the more skilled projects are kept in-house, and pay better than most other companies. Cm. Oravetz noted that TruGreen was doing an excellent job in the Stagecoach Road area. Mr. Thompson agreed, and advised that MCE oversees the quality of work. C~TY CC}UN{IL M~N{iTE8 REG [iLAR ME ET~NG PAGE 464 On motion of Vm. McCormick, seconded by Cm. Sbranti, and by unanimous vote (Cm. Zika absent), the Council adopted RESOLUTION NO, ~52- 03 APPROVING AGREEMENT W~TH MCE CORPO.RAT~ON FOR PUBLIC WORKS AqAINTENANCE. SERVICES REQUEST FROM DUBLIN UNIFIED SCHOOL DISTRICT FOR ADDITIONAL FUNDING FOR TECHNICAL SUPPORT UNDER THE COMPUTERS FOR OUR SCHOOLS PROJECT 10:35 p.m. 8.4 (600~40/515~20) Assistant City Manager Joni Pattillo presented the Staff Report, and advised that the Dublin Unified School District has requested that the City allocate up to $125,000 for computer technical support under the "Computers for Our Schools Project." The $125,000 funding was proposed, based on the number of computers that the School District has received over the past fiscal years under the project. The technological support funds are proposed to be used to ensure uninterrupted access to students that benefited from the computer matching grant program. Superintendent John Sugiyama thanked the Council for the City's continued support of the project. It has had an incredible impact on the schools and the children's learning experience. Because the program has worked so well, a very high percentage of the equipment is very recent vintage. At some point, the School District will take over the maintenance and replacement of the computers. School District Staff have presented the Board with a maintenance plan for the computers. Vm. McCormick asked about the School District's proposed plan to take over the computer maintenance responsibility. Dr. Sugiyama advised that the Board has discussed the need for a parcel tax, or some other revenue enhancing measure. Maintenance and support of current equipment and future replacement of equipment need to be considered. One of the options being discussed is a 5~year rolling lease to replace approximately one fifth of the computer stations every year over a 5 year period. As a side note, teacher computer stations are now an issue; however, the matching funds program was for student computers only. CITY COUNCIL '3¥1~NUTES VOLUME 22 Vm. McCormick noted that she had asked, during the Budget Hearing, for a budget report. It was part of the City's agreement with the School District, but the Council has never seen one. The Council would like to see a budget report. Dr. Sugiyama agreed to provide a status report to the Council in early September. Mayor Lockhart asked if the schools understood that the School District had requested technology support during this budget cycle, and not the matching funds program. Dr. Sugiyama indicated yes, the schools are aware of the City's current contributions. Mayor Lockhart stated because the City implemented the matching fund programs, the City does have a certain responsibility to help protect the investment. Cm. Sbranti asked if there was a technology committee? Dr. Sugiyama advised that the District Technology Advisory Committee was working on revising the District's 5-year technology plan. The replacement of computers and maintenance support is a requirement of that plan. The revision should be to the School Board by November. The protection of the investment the City has made is particularly significant since all of the computers are within three years of age. Cm. Sbranti confirmed that impact of the computers is felt at the High School in a positive manner. He suggested that the City's Information Systems Manager be involved in some manner with the revision or review of the District's 5~year plan. Dr. Sugiyama suggested it be discussed at a future Liaison Committee meeting. The School District has 12 pairs of fiber running up on poles, and perhaps the Committee can explore some kind of a joint project where the City can benefit from the use of the fiber network. It would be great to have City Staff involved. Ms. Pattillo asked if it was the Council's expectation that the issue be agendized on the Liaison Committee meeting agenda? She heard two topics of discussion: 1) to review the District's technology plan; and 2) to work on joint projects. The Council discussed a potential joint effort, and directed Staff to agendize the issues on the next Liaison Committee meeting agenda. C~iTY C©UNC}'L M~.NUTES VC%'L, CME 22 REGULAR MEETING $~dy 1~ 20~53 PAG]~ 46¥ Dr. Sugiyama advised that he would be happy to provide a status report on the computers and the kinds of servicing and maintenance requirements to the Council in September. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council authorized the City Manager to execute the Agreement with the Dublin Unified School District. AGREEMENT WITH DANIEL B. LOPEZ FOR THE PROVISION OF DETAILED ANALYSIS OF PROSPECTIVE AFFORDABI,E HOUSING PROJECTS AS ASSIGNED BY STAFF 10:50 p.m. 8.5 (600-30) Housing Specialist Julia Abdala presented the Staff Report and advised that on July 18, 2002, the City Council approved a consultant contract with Daniel B. Lopez for evaluation of proposals and financial analysis for the developer selection and subsequent financial analysis of the Eden Housing Senior Housing Project a the former library site. Staff has determined that the expertise of a Housing Consultant will continue to be needed for continued analysis of Eden Housing, Inc., Senior Housing Project's future financial spreadsheets, as well as other projects that will include an affordable housing component. Mayor Lockhart asked if the agreement would be for financial analysis only. Ms. Abdala indicated that the Consultant would be used primarily for financial analysis; however, he has a vast amount of experience in affordable housing issues that might be utilized. Mayor Lockhart asked if this was in support of Ms. Abdala's job as Housing Specialist? Ms. Abdala advised that it would be in support of her position, as some of the requirements need a higher level of expertise. Vm. McCormick asked about hourly costs, and expressed concern about not having the estimated number of hours included in the agreement. CETY COUNCIL MINUTES REG ULA}~,~ MEETING PAGE 4¥? Ms. Pattillo advised that the hours will be left open-ended, but Staff would closely monitor the budget. Doing so will allow flexibility to use the Consultant on an needed basis. Private developers will pay for the cost, as well. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote (Cm. Zika absent), the Council adopted RESOLUTION NO, '~53 = 03 APPROVING AN AGREEMENT W~TH DANIEL B. LOPEZ ON AN AS-NEEDED BAS~S BY THE COMMUNITY DEVELOPMENT DEPARTMENT FOR TECHNICAL F~NANC~AL ANALYS~S RELATING TO AN AFFORDAE~LE SEN~OR HOUSING PROJECT and authorized the Community Development Director to execute the Agreement. LOAN COMMITMENTS AND LETIZRS OF SUPPORT AND COMMITMENT OF FINANCIAL CONTRIBUTION FOR THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE (CDLAC) BOND APPLICATION APPLICTIONS FOR FAIRWAY RANCH This item was heard out o/order after Item 9:45 p.m. 8.6 (600-60) Housing Specialist Julia Abdala presented the staff report, advising that at previous meetings, the City Council had conceptually considered a proposal by the Lin Family to construct a three-phase, 9SO-unit project in Dublin Ranch Area B consisting of senior, multi-family and condominium developments with an aggregate total of 587 affordable units. As stated in the Fairway Ranch SDR consideration earlier in the evening, the number of affordable units has been changed to 588. The Developers of Fairway Ranch are preparing to apply to the California Debt Limit Allocation Committee (CDLAC) for an allocation of tax-exempt bonds to finance the Fairway Ranch Senior Project and the Fairway Ranch Multi-Family Project. This type of financing is highly competitive, and the Developer is working to provide thorough and convincing applications. It is in the interest of the City and the Developers to work together in the effort to secure financing for the first two phases of Fairway Ranch. Staff is recommending that the Council approve the execution of letters of support for the two projects and approve the loan commitments for the two projects. C~TY COUNCIL M~NUTES VOL~iME 22 REGULAR MEETING PAGig 468 Sue Bloch, representing the City Attorney's Office, discussed the content included in the loan commitment letters, advising that the commitment letters govern the terms and conditions under which the City would agree to provide the loans. One letter addresses the senior project, and one letter addresses the multi-family project. Essentially the commitment letters provide a roadmap that describes all of the requirements that the City would expect to see prior to disbursement of its funds. The letters include the terms of the loans, as well as the loan amounts, interest rates and payback period. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council approved the letters of support for both Fairway Ranch projects, the Senior Project and the Multi-Family Project, and authorized the Mayor to sign on behalf of the City; approved the Loan Commitments for the Senior Project and the Multi~Family Project; and adopted RESOLUTION NO~ ~ 50- 03 AUTHORIZING TWO LOAN COmmITmENTS FOR [}UBL~N RANCH SENt~OR HOUSING PROJECT AND DUBLIN RANCH FAM~L.Y HOUSING PROJECT (FAIRWAY RANCH) Mayor Lockhaz~ echoed M~. Inderbitzen's sentiments about the cooperative effort to bring; this project before the Council. The Council had full confidence that Staff could overcome any of the challenges, and they did. OTHER BUSINESS 10:55 p.m. Ms. Pattillo thanked everyone for their patience during the technical difficulties, and offered assurances that it would not happen again. The Summer Concert Series will begin Friday, July 11th with Busta Groove, hot funk and R&B, followed by Pamela Rose on July 18, The Parrotheads on July 25, Alta Rockers on August 1, and LaDeana on August 8th. Complete information is available on the City's website and in the Summer Recreation Brochure. The National Night Out BBQ will be held on July 22"d at Ted Fairfield Park beginning at 6:00 p.m. CITY C©UNC}iL M~NUTES RE. GL;LAR MEETING PAG~E 469 Cm. Oravetz advised that he would be attending a LAVTA meeting tomorrow, as well as the League of California Cities meeting in Monterey later this month. Vm. McCormick gave credit to the Dublin/San Ramon Women's Club for participating in July 2003 Hunger Awareness Month by collecting food for this effort and the Children's Emergency Council. She wished everyone a happy 4th of July and encouraged everyone to buy the Safe and Sane Fireworks. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:00 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATTEST: City Clerk C©UNC~L VOLUME 22 REG'U LAR MEET'~NG PAGE 47©