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HomeMy WebLinkAbout4.01 Draft CC 10-07-2003 MinREGULAR !~IEETING - OCTOBER 7~ A regular meeting of the Dublin City Council was held on Tuesday, October 7, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers Oravetz, Sbranti, Zika and Mayor Lockhart. Vice Mayor McCormick. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. DONATION FROM DUBLIN SENIOR FOUNDATION FOR SENIOR CENTER VAN 7:01 p.m. 3.1 (150-70) Parks & Community Services Manager Paul McCreary presented the Staff Report. In March of 2003, the City Council authorized the purchase of a new van for the Dublin Senior Center. The purchase of the van was made possible by a variety of funding sources, including a $3,500 donation from the Dublin Senior Foundation. Mayor Lockhart presented a plaque to Dr. Ted Woy. Dr. Woy presented a check to the City Council for the purchase of the van. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote (Vm. McCormick absent), the Council formally accepted the contribution and directed Staff to prepare a formal acknowledgement. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 602 CERTIFICA~S OF APPRECIATION 7:04 p.m. 3.2 (610-50) Sue Flores talked about the festivities surrounding the America Supporting Americans program and stated we flew in soldiers for the parade and had a wonderful weekend of activities. Mayor Lockhart presented a Certificate of Appreciation to Casa Orozco for welcoming approximately 40 people, including several soldiers from the 101st Airborne, 502~d and 526th divisions, their families~ and hosts for a wonderful evening of camaraderie and support on Saturday, August 16, 2003 following the Welcome Home Parade and Festivities. Mr: Jesus Orozco and his staff provided food, drink and vocal entertainment to the delight of all present. The City of Dublin thanked them for their patriotism and generosity. Mayor Lockhart presented a Certificate of Appreciation to Arlen Ness Enterprises for greeting our soldiers from the 101st Airborne, 502nd and 526th Divisions and their families on August 18, 2003 and providing them with a personal tour of the business and museum along with autographed t~shirts and taking photographs with them. The City of Dublin thanked Aden and Cory Ness for their spontaneous hospitality while providing a wonderful opportunity for the soldiers to view their dream machines. PROCLAMATION 7:09 p.m. 3.3 (610~50) Mayor Lockhart read a proclamation declaring the week of October 5~ 11, 2003 as "Fire Prevention Week" in the City of Dublin to commemorate and support the public safety efforts of fire departments, schools and other safety advocates, in conjunction with the NFl'A, and urged all citizens to heed the advice to install smoke alarms and to plan and practice fire drills. Deputy Fire Marshal Scott McMillan received the proclamation. There will be an open house at the new Fire Station this coming Saturday for all citizens. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 603 PROCLAMATION 7:11 p.m. $.4 (610-50) Mayor Lockhart read a proclamation declaring October 2003 as "Crime Prevention Month" In the City of Dublin and urged all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together to make the City of Dublin a safer, stronger, more caring community. Chief Gary Thuman received the proclamation. PRESENTATION BY DUBLIN POLICE SERVICES ON COMMUNITY POLICING 7:1:3 p.m. 13.5 (580~10) Dublin Police Services Chief Thuman provided a brief overview of Community Policing philosophy and organizational structure designed to collaboratively address problems in the community affecting quality of life. Community Policing is a philosophy, a management style, and organizational design that promotes police-community partnerships and proactive problem-solving strategies. The focus is on building and sustaining healthy communities that provide a comprehensive and creative approach to policing. DPS utilize patrol, investigative staff, and specialized position assignments to identify problems and develop SolUtions. Cm. Zika commented that in the past some of the merchants at Hacienda Crossings have been reluctant to prosecute shoplifters. Chief Thuman stated in some cases, this is corporate policy, but we are trying to find some middle ground. We have been able to work effeCtive toward a common goal to reduce this. Cm. Oravetz commented we have an officer wh° spends most of his time at Dublin High School. Are we planning to add another officer? Chief Thuman responded this is something he and the City Manager will look at as the campus grows. We have developed some excellent partnerships. Officer Gill has been CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2(}03 PAGE 604 in this position since its inception. He has developed some great relationships with staff and students. Cm. Sbranti asked with regard to patrol officers if they mostly patrol the same neighborhoods and areas? Chief Thuman stated yes, the City recently approved assignment of individuals to a permanent beat structure and 12 hour shifts. They have foUnd this to be extremely effective and it is working well even though it has been in place only a short period of time. This goes along with the idea of developing partnerships and getting buy~in from the community. CONSENT CALENDAR 7:30 p.m. Items 4.1 through 4.8 On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote (Vm. McCormick absen0, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 16, 2003; Authorized (4.2 600~$0) the Mayor to execute an Agreement with the Zalm Group for Consultant Services for Construction Management for the Dublin Senior Center; Approved (4.3 400-20) Notice of Exemption under the 2003 CEQA for various FY 2003~04 Capital Projects; Adopted (4.4 300-10) RESOLUTION NO. 192- 03 APPROVING THE WRITE~)FF OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE FOR THE FISCAL YEAR ENDED JUNE 30, 2003 CITY COUNCIL MINUTES. VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 605 and approved Budget Change ($26,485); Approved (4.5 600-35) Budget Change ($27,358) and adopted RESOLUTION NO. 193- 03 and AWARDING CONTRACT 03-09 CIVIC CENTER FRONT COUNTER UPG~DE -PHASE1 TO ROSA CONSTRUCTION ($13,150) RESOLUTION NO. 194- 03 AWARDING CONTRACT 03-15 CIVIC CENTER FRONT COUNTER UPGRADE, PHASE 2 TO ROSA CONSTRUCTION ($57,370) Adopted (4.6 600~60) RESOLUTION NO. 195- 03 APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY FOR STORM DRAIN LINE B IN DUBLIN RANCH, AREA H Adopted (4.7 600~60) RESOLUTION NO. 196- 03 APPROVING AGREEMENT WITH ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT FOR LINE G3 IMPROVEMENTS and RESOLUTION NO. 197- 03 APPROVING IMPROVEMENT AND MAINTENANCE AGREEMENT WITH THE LIN FAMILY FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 606 Approved (4.8 300-40) the Warrant Register in the amount of $2,965,759.47. PUBLIC HEARING ~ ADOPTION OF FEE TO RECOVER COSTS 0F PREPAR!~_N~ THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS FOR THE AREA KNOWN AS THE EASTERN DUBLIN PROPERTY OWNERS AREA 7:51 p.m. 6.1 (390~20) Mayor Lockhart opened the public hearing. City Attorney Elizabeth Silver presented the Staff Report. The Eastern Dublin Property Owners (EDPO) project area, consisting of 13 contiguous parcels totaling 1,120 acres with 11 different ownerships, subsequently requested annexation, pre-zoning, and related approvals. The City certified a Supplemental Environmental Impact Report (SEIR) and approved the annexation, pre-zoning and related approvals on April 2, 2002. The project area annexation received final approval by the Alameda County Ix>cal Agency Formation Commission (LAFCO) on July 11, 2002, and steps by the property owners to implement the approved mitigation measures have begun. Additionally, on July 1, 2003, the City Council authorized the selection of Wetlands Research Associates Inc. (WRA) to conduct the preparation of the Resource Management Plan (RMP) for the Eastern Dublin Properties project area. As a result of the RMP, it is possible that the current land use plan for the project area will change. A General Plan and Eastern Dublin Specific Plan amendment will be required if land uses, infrastructure requirements, and allowable densities are shifted around within the project area to accommodate the findings of the RMP. Staff prepared a Resolution which would authorize the adoption of a fee to compensate the City for the costs to date of commencing planning efforts in support of the GPA and the SPA. The costs include the consultant contract to prepare the RMP, and the City's administrative and overhead costs. An exhibit to the Resolution describes the method of calculating the revised fee. The Resolution specifies that the Council may review the fee annually and adjust it by Resolution ff conditions change. It also specifies that the Council will, upon completion of the GPA and SPA, adopt a Resolution updating the fee to reflect the final costs of preparing the amendments, including the costs for land planning and environmental review. No testimony was entered by any member of the public relative to this issue. '' '"'' " ' 'CITY C PC-O:~ILMNUT --I ES ' ' "" ' VOLUME 22 REGULAR MEETING October 7~ 2003 PAGE 607 Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote (Vm. McCormick absent), the Council adopted RESOLUTION NO. 198.03 ADOPTING A FEE TO RECOVERCOSTS OF PREPARING AMENDMENTS TO THE GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN PUBLIC HEARING TOLL BROTHERS, DUBLIN RANCH AREAS A-2 & A~3 DEVELOPMENT AGREEMENTS PA 0Z~0Z0 & PA 02~021 7:33 p.m. 6.2 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Michael Porto presented the Staff Report. This is the first reading of an Ordinance approving Development Agreements between the City of Dublin and Toll CA II, L.P. The Development Agreements are required by the Eastern Dublin Specific Plan. These Agreements will vest the project approvals recently granted by the City Council. This project is part of Dublin Ranch Area A comprised of approximately 369 acres of mixed-use development, including Single Family Residential, Open Space/Golf Course with appurtenant structures, and a Neighborhood ReCreation Facility. On December 10, 2002, the Planning Commission approved a Site Development Review for Areas A~2 and A~3. Dublin Ranch Areas A~2 and A:3 ~am..~~s~f~T~.~sajara Road adjacent to the future Fallon Road extension approximately 4,500 feet north of 1~580. This project is within the scope of the Eastern Dublin SP and GPA for which a Program EIR was certified. A Mitigated Negative Declaration was prepared for the entire project. The Planning Commission considered the Development Agreements on September 9, 2003 and unanimously recommended that the City Council consider adopting an Ordinance approving the Development Agreements. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 608 No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote (Vm. McCormick absent), the Council waived the reading and INTRODUCED the Ordinance. DOWNTOWN STREETSCAPE IMPLEMENTATIQN PLAN~, DOWNTOWN SpECIFIC ,P~S _ GATEWAY ARCH DEsiGN'F0R STi PA~CK WAY ~ 7:35 p.m. 7.1 (600-30) Community Development Director Eddie Peabody presented the Staff Report. Staff is seeking City Council approval of the designs for the proposed Gateway Arch as part of the streetscape improvements for the downtown area. The total budget for the Gateway Arch is $567,820. The amount budgeted in FY 2003-04 is $57,330, which will be for completion of the design. Construction will occur in FY 2004~05. Staff discussed progress of downtown streetscape improvements, including: Sidewalk Widening and Lighting Improvements - Village Parkway: A specific work program with Fermco Engineering, already under contract with the City, has commenced to prepare construction and bid documents for sidewalk widening and new streetlights for both sides of Village Parkway between Dublin Boulevard and Amador Valley Boulevard. These documents will be completed in the next few months, with . construction scheduled before the end of June 2004. Improvements at Village Parkway and Lewis Avenue: The construction of the intersection improvements for Village Parkway and Lewis Avenue, including a small plaza, landscaping, seating, and a new left~turn pocket, are nearly completed. Mayor Lockhart clarified that there will be a trash receptacle and flowers at this location. Gateway Monument: The preparation of construction and bid documents by the City's consultant for the first gateway monument at the intersection of Village Parkway and Dublin Boulevard is nearly complete. It is anticipated that the documents ~!1 be .... completed within the next few months. Potential. funding from an MTC grant will be CITY COUNCIL MI~TES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 609 secured by May 30, 2004, for the construction of the monument. Following preparation of the documents, the consultant will issue a request for bids on the project which is currently scheduled for construction in September 2004. After bids are received, Staff will bring the bid proposals back to the Council for review and selection of a contractor for the constructionof the.~o~umen~., Gateway Archway: If the City Council gives its approval to the final design, the construction bid documents would be completed by May 30, 2004 and construction will begin by September 2004. Consultant Dave Evans discussed the two alternative proposals for the final design of the archway. The second alternative matches the tower approved previously for the monuments. The basic design element of the gateway arch for the intersection of St. Patrick.Way and Amador Plaza Road is two columns or towers on either side of St. Patrick Way, with a metal arch spanning the roadway between the two supporting members. Mr. Peabody stated Staff felt alternative one seems to be much better, Mayor Lockhart asked why we are building an arch that doesn't lead into downtown, but runs parallel instead. Mr. Peabody stated the original concept for the archway was thinking of future development that relates to downtown and also the new BART station. It is an identification that you are now in downtown Dublin and it is recognizable to people coming off the freeway. Mr. Ambrose stated this location has been approved by the City Council for more than 2 years. The four monuments actually distinguish the boundaries of the downtown area. Mr. Peabody explained that when the new BART station is built the traffic may change somewhat to get into the downtown location. St. Patrick Way may become a major roadway and we are including more businesses. Cm. Sbranti asked if, at build out, is more traffic going to be on St. Patrick Way or toward Dublin Boulevard based on the traffic studies. Mr. Ambrose advised that as properties turn over, the amount of trips will intensify in this area. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 610 Cm. Oravetz stated he liked option 2. He discussed in the future who will use the western BART station the most. He stated if he had his druthers, he would put it on Village Parkway so that everybody who comes through Dublin would recognize this as downtown. Mr. Ambrose discussed the comments from the business task force and the common statement that no one knows where downtown Dublin is. Re monuments iden~ where our downtown actually is and this was the outcome of the task force. Cm. Zika stated he felt we need to tie the monuments and archway together and have either pyramids or circles on top. Cm. Sbranti stated he felt Amador Plaza Road has a lot of potential as a main street, even more so than Village Parkway. Mr. Ambrose stated you have some limitations on some of the streets. He pointed out also that there will be a 2 5' clock on the corner of Dublin Boulevard and Amador Plaza Road in front of Safeway. Cm. Zika stated they can always revisit another arch some time down the road. Cm. Sbranti pointed out that it draws attention to one of the most exciting developing areas in town. There will be residences down there. The City Council all indicated they liked the pyramid design on top, which was alternative two. Dave Evans stated a hollow steel beam will hold a 4 V2 foot diameter of the City seal in the archway. Some of the metal components are being painted what they are calling Dublin green. There is lighting within which will provide a warm glow. There will be no neon. On motion of Cm. Zika, seconded by cm. Sbranti, and by unanimous vote (Vm. McCormick absent), the Council approved the Gateway Arch Design (alternative two) and directed Staff to return to the next City Council meeting for consideration of an Amendment to the Agreement with Singer Fukushima Evans to complete construction bid documents for the Gateway Arch. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 77 2003 PAGE 611 IMPROVEMENT AGREEMENT WITH THE HN FAMILY FOR THE CONSTRUCTION OF GLEASON DRIVE IMPROVEMENTS FROM TASSAJARA ROAD TO FALLON ROAD 8:06 p.m. 8.1 .(600-60) City Engineer Melissa Morton presented the Staff Report. As part of the circulation element of the General Plan, Gleason Drive is to extend from Arnold Road to Fallon Road. The road segment in this agreement is the last section of Gleason Drive to be constructed and its construction is a requirement for the development of the Dublin Ranch property. The developer is providing bonds to guarantee construCtion of the improvements and will pay the cost of construction inspection. Once the improvements have been constructed and accepted, the City will incur maintenance costs. Cm. Zika questioned planting in the median strip. Will we have infrastructure in before the pavement? Ms. Morton responded yes. Cm. Oravetz asked what the speed limit will be on Gleason Drive. Ms. Morton stated she would have to check the width. Cm. Sbranti asked what some of the mitigations are. Ms. Morton stated Gleason Drive has to come up to meet Fallon and there must be a reconstructed creek core and we are trying to lower the pad elevations for the new units. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Vm. McCormick absent), the Council adopted RESOLUTION NO. 199- 03 APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY FOR GLEASON DRIVE FROM TASSAJARA ROAD TO FALLON ROAD INCLUDING PORTIONS OF FALLON ROAD AND GRAFTON STREET CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 612 MODIFICATION NO. 4 TO (ZONE 7) ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT LICENSE AGREEMENT OF 1987 TO ADD TWO SEGMENTS OF ALAMO CREEK BETWEEN AMADOR VALLEY BOULEVARD & NORTH CITY LIMIT LINE 8:12 p.m. 8.2 (600-40) Public Works Director Lee Thompson presented the Staff Report. This bicycle/pedestrian path is presently under construction through an encroachment permit from Zone 7. This agreement will add segments of Alamo Creek to the existing joint use agreement for Tassajara Creek, the Alamo Canal and the South San Ramon Creek. The cost of design and construction of the pedestrian and bicycle path are funded through a Transportation Fund for Clean Air (TFCA) grant, the Measure B Pedestrian & Bicycle Fund, and the General Fund. Ongoing maintenance of the pedestrian and bicycle path will become the City's responsibility, whereas maintenance of the adjacent flood control facilities will remain with Zone 7. Modification No. 4 to the 1987 License Agreement with Zone 7 is necessary to assure the public's access to the path, and to transfer the maintenance obligation and liability for the path to the City. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote (Vm. McCormick absent), the Council adopted RESOLUTION NO. 200 - 03 APPROVING MODIFICATION NO. 4 TO THE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT REGARDING THE ADDITION OF A CHANNEL PROPERTY TO THE LICENSE AGREEMENT CONSIDERATION OF URGENCY ORDINANCE FOR THE HISTORIC AREA GENERALLY LOCATED ALONG DUBLIN BOULEVARD BETWEEN DONLON WAY AND SAN RAMON ROAD 8:15 p.m. 8.3 (910~40) Senior Planner Andy Byde presented the Staff Report and advised that a corrected version of the Ordinance had been distributed. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7~ 2003 PAGE 613 This item is for Council consideration of adoption of an urgency Ordinance which would establish a moratorium on specific uses within the Historic Area (generally along Dublin Boulevard between Donlon Way and San Ramon Road). The intersection of San Ramon Road and Dublin Boulevard is and long has been an important entry way into the City, and the inclusion of property on the corners of that intersection in the Historic Area is being considered for the potential to provide an attractive, historic themed entry way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated with those properties. Development within the Historic Area could further deteriorate the historic resources within the Historic Area and frustrate the City's goal of protecting, Preserving, and unearthing historical resources in the Historic Area. Staff expressed concern that, during the period of a Specific Plan Study, it would be destructive to the goals of the proposed SP if parties seek to evade the intent of contemplated SP. Moreover, development that occurs within the area, prior to the completion of the SP may negatively impact the anticipated historical district designation within the area. If the City Council determines that development may negatively impact the anticipated historical district designation, Staff recommended that the Council adopt an interim Ordinance which would impose a moratorium on the issuance or approval of any building permits or land use permits that would result in the construction or initiation of the following list of uses on any parCel located in the Historic ~ea: 1) AdUlt Bus,ess Establishment; 2) Animal Sales and Services; $) Automobile/Vehicle Brokerage; 4) Community Care Facility/Large; 5) Dance Floor; 6) Drive~in/Drive~through Business; 7) Eating and Drinking Establishment; 8) Fortunetelling; 9) Health Services/Clinics; 10) Massage Establishment; 11) Plant Nursery; 12) Recreational Facility/Indoor; 13) Recreational Facility/Outdoor; 14) Retail - Outdoor Storage; 15) Service Station; and 16) Shopping Center. The interim Ordinance would take effect immediately if adopted by a 4/5 vote of the City Council. State law limits the initial term of the Ordinance to 45 days and also requires the Ordinance to include a finding that there is a current and immediate threat to the public health, safety or welfare, and that the issuance or approval of any building permits or land use permits that result in the construction or initiation of any use on any parcel located in the Historic Area would result in a threat to public health, safety or welfare. State law allows the City Council to eXtend the Ordinance by 10 months and 15 days, and again by one year (for a total of two years), following a noticed public hearing. Should the City Council establish a moratorium through the adoption of this urgency Ordinance, the above mentioned written report would be brought back to the Council on NoVember 4, 2003. ..... ciTY cOtr cn. VOLUME 22 REGULAR MEETING October 7~ 2003 PAGE 614 Mr. Byde's Moratorium Presentation included the following information: Cit. v Council Background On March 19, 2001, during the Goals and Objectives session, the City Council requested Staff, as a high priority, to develop plans for a historical district designation for the Historic area. At the City Council meeting of June 19, 2001, the Council considered imposing a moratorium on development within the area in light the application for the new office building. The Council voted to table the consideration of an Urgency Ordinance pending further discussions of possible options within the Historic Area. At the July 3ra City Council meeting, the Council voted to take the discussion off the table and subsequently voted to undertake a Specific Plan for the Historic Area. The City Council at the 2003/2004 Goals and Objectives meeting, voted to carry over, as high priority, plans for Historical District designation of Donlon Way, specifically including Alamilla Springs and the Green Store, and complete a new Specific Plan and or Zoning for the area. To provide the background information on the existing historical and archaeological resources, Staff determined that experts in historical and archaeological resources would be necessary to assist in developing the base information of the Specific Plan. At the May 20, 2003, City Council meeting, the Council authorized the selection of two consultants to assist City Staff in the preparation of the Specific Plan. Specifically, the selected historical consultant's scope of work for includes a recommended boundary for the Specific Plan area. The Consultant is in the process of completing this assignment. The Archaeological consultant has completed a preliminary report. At the September 16, 2003, meeting, the City Council expressed its strong desire to immediately move forward with a comprehensive Specific Plan for the Historic Area with the purpose of preserving, protecting, and potentially unearthing the historical past in the Historic Area. Historical Area Background Dublin's historic era begins around 1830 when Jose Maria Amador, the former Mayordomo of Mission San Jose arrived in the valley. Throughout the Mexican period the Amador Valley was divided between two large ranchos: Amador's CI~ COUNCIL M~TEs VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 615 16, 517-acre Rancho San Ramon and Jose Pacheco 's 8, 885-acre Rancho Santa Rita, The boundary between the ranchos ran east-west, roughly parallel to what is now Dublin Boulevard. Over the next two decades a compact village grew up around the crossroads formed by the intersection of the Benicia to Mission-San Jose Road (now San Ramon Road) and the Oakland to Stockton Road (now Dublin Boulevard). As the junction of two of the most important stagecoach routes in the East Bay region, Dublin Village became an important stopover point for travelers. By 1878, when Thompson & West published The Illustrated Atlas of Alameda County, Dublin had two inns (Amador Inn and Dougherty Station), two stores (Amador Store and Green's Store), St. Raymond's Church and the Old Murray School. Following the di'scusslon at the last City Council last meeting, Staff delineated the area (as shown on Exhibit A to Attachment 0 generally along Dublin Boulevard between Donlon and San Ramon Rgad for a potential boundaries of the specific plan area Alamilla Springs, the Green Store, Heritage Center, Bonde House, Brown Shingle house and Tank house, and the large Live Oak Heritage trees. The interseCtion of San Ramon Road and Dublin Boulevard is and long has been an important entry way into the City, and the inclusion of property on the corners of that intersection in the Historic Area is being considered for the potential to provide an attractive, historic themed entry way into the historic district, in addition to the possibility that historic or prehistoric resources or sites may be associated with those properties. Proposed Moratorium Location and Historic Area Staff identified the Historic Area based on three overall criteria: (1) whether the property contained current historic structure or ~own str~qt~es; (2) whether properties had a historical linkage to historic structures; and (3) whether properties were within an archeological high probability area. The first criteria Staff used to delineate the Historic Area was whether properties contained current historic structure or kno~n struqtures~ Suc~ ~uqmres~inc!ude AIamilla Springs, the Green Store, Heritage Center, Bonde House, Brown Shingle house and Tank house. Currently the City's Historic consultant is evaluating these resources' historical context and importance to Dublin's past CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 616 The second criteria was whether properties had a historical linkage to properties that had an important historical context to Dublin's past. This includes areas immediately adjacent to areas identified as the cradle of historic Dublin, the two pieces of the Santa Rita and San Ramon ranchos, Specifically the Amador/Dougherty residence adjacent to Alamilla Springs and the Murray Homestead and Green Mansion. The properties adjacent to these now separate parcels were once part of these important properties. Additionally, little study has been completed within this area because of the expansion and widening of San Ramon Road, and thus not very much is know about this area. Staff will be returning at a future meeting to request authorization for the Historic Consultants to study the adjacent properties. The third criteria for establishing the boundaries of the Historic Area was the identification of an archeological high probability area. The majority of prehistoric sites within the Amador and Livermore valleys area located near watercourse and along the banks of former marshes. According to the Archaeological consultant, a buffer encompassing 150 feet along Dublin Creek is considered an,archeological high probability area. Dublin creek runs approximately conterminous with the southern boundary of the City. Ultimately, to determine the historic boundary, Staff overlaid these three criteria upon one another and determined the location of the historic boundary. The historic Boundary is the location that Staff proposes to be included within the Moratorium Area. Reason £or Moratori~ra Development within the Historic Area could further deteriorate the historic resources within the Historic Area and frustrate the City's goal of protecting, preserving, and unearthing historical resources in the H[storic Area.. Pending studies and potentiaIfuture studies are necessary to catalog the existing historical resources in the Historic Area and to provide the City with information on the tools at its disposal to protect, preserve, and elucidate this history of the Historic Area. Current Zoning and Allowed Uses The Historic Area has a mix of zoning districts including Planned Development, C- 1, H-i, and R-S-D-20. The predominant zoning is C-i, the listed uses are allowed within the C-1 and Planned Development Zoning Districts. CITY COUNCIL M~'TES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 617 For the duration of the moratorium, the highlighted uses, would be prohibited from receiving building permits or land use permits that would result in the con~c, tion or initiation of the highlighted uses Why' these 1~ uses are not allowed Staff selected these uses because they fall within two categories: (1) a use type that may not be consistent with the historic nature of the area; and (2) use types that result in the construction of buildings that are not consistent with the historic nature of the area. Example of a use type that wouM not be consistent with the historic nature of the area wouM be fortune telling, massage establishment, adult business establishment, dance floor, or recreational facility. Examples of a use type that wouM result in the construction of buiMings which are not consistent with the historic nature of the area are animal sales and services, community care facilities, drive in business, eating and drinking establishments, service centers, and Shopping centers. Staff is concerned that, during the period the Specific Plan Study, it wouM be destructive to the goals of the proposed Specific Plan if parties seek to evade the intent of contemplated Specific Plan. An example of this wouM include a submittal for a new drive in business with proposed architecture that was not consistent with the yet to be completed design guidelines for the area. Additionally, development that occurs within the area, prior to the completion of the Specific Plan, may negatively impact the anticipated historical.district designation within the area. ShouM the City Council adopt the moratorium tonight, Staff will also study the interrelationships between the Downtown Streetscape Implementation Plan and the Historic Area. If the City Council determines that development may, negatively impact the Historic Area and the historical district designation, the Council should adopt the attached interim ordinance (Attachment 1) which would impose a moratorium on the issuance or approval any building permits or land use permits that would result in the construction or initiation of the previously listed uses on any parcel located in the Historic Area CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 618 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Adult Business Establishment Animal Sales and Services Automobile/Vehicle Brokerage Community Care Facility/Large Dance FlOor Drive-in/Drive-through Business Eating and Drinking Establishment Fortunetelling Health Services/Clinics Massage Establishment Plant Nursery Recreational Facility / Indoor Recreational Facility / Outdoor Retail- Outdoor Storage Service Station Shopping Center Moratorium Regulations The interim ordinance wouM take effect immediately if adopted by a four-fifths vote by the City Council. State law limits the initial term of the ordinance to 45 days. State law also requires the ordinance to include a finding that there is a current and immediate threat to the public health, safety or welfare, and that the issuance or approval any building permits or land use permits that results in the construction or initiation of any use on any parcel located in the Historic Area wouM result in a threat to public health, safety or welfare. State law allows the City Council to extend the ordinance by 10 months and 15 days, and again by one year (for a total of two years), following a noticed public hearing. Any subsequent extension shall require a four-fifths vote for adoption. No more than two extensions may be adopted. Ten days prior to the expiration of an interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition, which led to the adoption of the ordinance. Recommendation Staff recommends the City Council receive Staff presentation; take testimony from the Public; question Staff and the Public; deliberate; and waive the reading and adopt the urgency ordinance, which enacts a moratorium on the issuance or approval any building permits or land use permits that wouM result in the construction or initiation of specific uses on any parcel located in the Historic Area. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 619 Mayor Lockhart stated when they looked at Dublin Square Shopping Center and putting an office building there, they would have moved forward, but the proposal was withdrawn. Mr. Byde stated there were 3 meetings and there was discussion on taking action other than a moratorium. Cm. Oravetz clarified we have heard nothing from Berkeley Farms since then. Sue Flores asked if this would affect businesses such as the Kennel on Donlon Way if they wanted to grow. Mr. Byde stated the way the Ordinance is drafted, it would; however, it wouldn't affect their ongoing use of the property. Mayor Lockhart stated this is a temporary moratorium while we do a study, and it would preclude, them from making changes to their property right now. Cm. Sbranti commented this was an excellent Staff presentation and he looks forward to moving forward with the Ordinance. Mayor Lockhart stated it is important to take a look at this as a whole, rather than piecemeal it. She pointed out the fact that Alamilla Springs was really the lifeblood for the area. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote (Vm. McCormick absent), the Council waived the reading and on an urgency basis adopted the corrected ordinance ORDINANCE NO. 11 - 03 AN URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE APPROVALOF,,PERM!TS,_EORPEVE, kO?:M~N? IN THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 620 PARKS AND RECREATION MASTER PLAN UPDATE 8:34 p.m. 8.4 (920~30) Parks & Community Services Director Diane Lowart presented the Staff Report. This item is for COuncil consideration of options to resolve the amount and location of park acreage to service the residents at build-out of the City, as well as the size and location of the Sports Park on Fallon Road. The projected build~out population being used for the Parks and Recreation Master Plan Update is 59,900. per 1,000 residents. Of this amount, 3.5 acres per 1,000 residents is designated community park, and 1.5 acres per 1,000 residents is designated neighborhood park. Based on the projected population of 59,900, the park system at build-out of the City should total 299.5 acres with 209.7 acres of community parks and 89.8 acres of neighborhood parks. Currently, there are 150 acres of neighborhood, school and community parks in Dublin. Based on the current population of 30,322, there is an existing shortfall of 1.6 acres of developed parkland. In an ongoing effort to keep pace with new development, 39.8 acres of developed parkland has been added to the park inventory in the past three years. The pending and proposed land use and development plans for the build-out of eastern and western Dublin identify an additional 46.8 acres of neighborhood park and 97.5 acres of community park, for a total of 144.3 additional acres of parkland. This results in a shortfall of 5.2 acres of parkland at build~out of the City. Staff discussed potential park sites, including: 1) Dublin Square Shopping Center (4.2 acres); 2) Dublin Unified School District Offices (4.4 acres); Southern Pacific Right~of~ Way (up to 18.9 acres); 4) Sees Candy Property (1.2 acres); and 5) Eastern Dublin Property Owners Annexation Area (5.2 acres). The Eastern Dublin General Plan Amendment (GPA) and Specific Plan (SD deSignated land for an 80.6 acre sports park adjacent to Fallon Road. This park spanned the lands of two property owners, the Lin Family/Dublin Ranch (66.5 acres) and the Jordan Family (14.1 acres). The City entered into a Development Agreement (DA) with the Lin Family in March 1999 for the Dublin Ranch project and it was agreed that the sports park would be 68 usable and contiguous acres (as opposed to the 80.6 acres). The DA required the Lins to convey 52 acres of usable parkland for the sports park to the City. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 621 The balance of the sports park was shown on the Jordan property. As there was some uncertainty regarding the potential to use the land on the Jordan property for the sports park, it was further agreed in the DA that 1 $ additional acres would be tentatively set aside for potential park until the City determined whether it had 68 contiguous acres available for the sports park. Since the negotiation of the DA, a preliminary environmental survey indicated that there are a number of environmentally sensitive areas on the property, thus limiting its use for parkland. The Lin Family has proposed to dedicate the 52 acres required of the DA along with 8 additional acres on their property resulting in a 60 acre sports park. The Eastern Dublin GPA and SP identifies 14.1 acres (10.6 net acres) of community park on the Jordan property. Although it can no longer be developed contiguous to the sports park on the Lin property due to the Fallon Road alignment, Staff recommended that this park acreage continue to.be shown on the Jordan property. This acreage could be moved to another location on the Jordan property or to another property or properties in the Eastern Dublin Property Owners (EDPO) Annexation Area to provide approximately 10 acres of contiguous community park elsewhere in Eastern Dublin. The Parks & Community Services Commission considered the potential park alternatives to alleviate the deficiency at build-out as well as the size and location of the Sports Park. at a special meeting on September 29, 2003. By a unanimous vote, the Commission supported the proposed 60 acre sports park on the Lin property and the 10.6 acre community park on the Jordan property. Additionally, the Commission prioritized the alternative park sites to alleviate the deficiency at build-out as follows: 1) Southern Pacific Right-of-Way (SP R-O-W); 2) Dublin Square Shopping Center; 3) Sees Candy Property; 4) Dublin Unified School District (DUSD) Offices; and 5) Eastern Dublin Property Owners Annexation Area. In summary, Staff requested that the City Council: 1) approve size and location of the 60 acre sports park on the Lin property; 2) maintain 10.6 acres of community park on the Jordan property at this time; and 3) provide direction on preferred alternative park sites to alleviate the park deficiency at build out of the City. Cm. Sbranti commented on alternative park sites in downtown and asked if there was any thought or examination given to other underutilized properties such as where Chuck E. Cheese is or near Toys R Us and Coat Factory and the underutilized parking lot along Dublin Boulevard. CITY COUNCIL MI~TES VOLUME 22 REGULAR MEETING October 7~ 2003 PAGE 622 Ms. Lowart stated they first looked at prior City Council suggestions and then targeted the downtown area to see if there were any vacant lots. At one time we had considered the corner of Amador Valley Boulevard and Village Parkway gas station site, but we didn't look at pieces of parcels, not breaking up something, as this'could be problematic. Mayor Lockhart asked about the vacant lot on the corner of Starward Drive. The City Council discussed the possibility of using the property on Starward Drive for a small neighborhood park. Cm. Sbranti suggested that in terms of our thought proCess, you could look at little pockets and some of the parcels that are underutilized and we might want to consider them in the future. Cm. Oravetz asked about the odds of the Southern Pacific right-of-way turning into a park. Ms. Ix>wart stated if the City Council wants this as a priority, we would hire a consultant to look at the potential for some unique recreational opportunities that we could look into. Mayor Lockhart stated she is interested in this, but the wild factor is what makes it special. It is not manicured, mowed and maintained and people that Use it enjoy sharing it with wildlife and other species. Cm. Oravetz clarified he wasn't suggesting doing anything to it except declaring it a park. Mr. Ambrose discussed active recreational uses and stated we co~!d ¢.5e Quimby Act funds, our open space funds, to purchase this. Ms. Lowart advised that if we wanted to use the S? R:O~W to..meet o~r~d~fici~ncy, we could identify 5.2 acres of this. Mayor Lockhart stated for prioritizing, she would put the EDPO annexation area ahead of the DUSD offices. The EDPO area is really viable. The Sees Candy property could be a wonderful little passive area with that beautiful tree. Her number 1 priority would be the Dublin Square. Shopping Center. Sees Candy property would be 2~a, the SP R~O~W yd, EDPO 4th and DUSD 5th. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7~ 2003 PAGE 623 Mayor Lock_hart stated at the Commission level, there was quite a bit of discussion on whether the SP R~O~W or Dublin Square Shopping Center should be first. Cm. Oravetz stated he would rather see SP R~O~W ahead of Sees Candy. Cm. Sbranti stated he agreed that Dublin Square go first. He agreed with Cm. Oravetz that SP R~O~W should be second, then Sees Candy, Starward Drive, EDPO and DUSD. Mr. Ambrose asked if there were any other alternatives. Staff can look at the piece of property on Starward for a pocket park for the neighborhood. Mayor Lockhart and Cm. Zika both agreed to put this ahead of EDPO and DUSD. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote (Vm. McCormick absent), the Council approved size and location of the 60 acre sports park on the Lin property, agreed to maintain 10.6 acres of community park on the Jordan property at this time, and prioritized the preferred alternative park sites to alleviate the park deficiency at build out of the City. The preferred order is: 1) Dublin Square Shopping Center, 2) SP R~O~W, 3) Sees Candy property; 4) Starward Drive, 5) EDPO, and 6) DUSD. SUPPORT OF ZONE 7 IN THE PROPOSED POTABLE WATER RATE INCREASE OF 0% FOR 2004 9:00 p.m. 8.5 (1000~20) Assistant City Manager Joni Pattillo presented the Staff Report. An initial proposal by Zone 7 was to increase the 2004 potable water rate charged to DSRSD by 7.92%. After review by Zone 7 management, the Zone 7 Finance Committee and the Tri~Valley Water Retailer Group, on which DSRSD Staff participates, Zone 7 has stated that their recommendation Will be for a 0% rate increase for 2004. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 201 -03 ENDORSING ZONE 7's PROPOSED 0% INCREASE TO THE POTABLE WATER RATES FOR 2004 CITY COUNCIL MINUTEs VOLUME 22 REGULAR MEETING October 7~ 2003 PAGE 624 OTHER BUSINESS 9:02 p.m. Cm. Oravetz reminded everyone of the East Bay Division Meeting on October 16th in Moraga. The speaker is from ABAG. LAVTA is going through some cuts and suggestions. They still haven't announced a new director. He thanked the Pleasanton City Council for the joint meeting on October l~t to look at the west BART station design. Cm. Zika reported on CMA information. It seems three of the worst congested areas in the Bay Area are out in the Valley. One of these days the rest of the region is going to have to put up some money or the EPA is going to close us down due to congestion. He thanked Staff for the wonderful Day on the Glen event and thanked the people that came into the City and talked to them. He stated he had a great time. Cm. Sbranti reported that at the Tri-Valley Council dinner there was discussion and we are moving forward promoting the arts together and will help each other. At the Day on the Glen event, the Lions Club had a pancake breakfast and raised over $500 for the public service memorial and they are moving forward. Mayor Lockhart stated she thought Day on the Glen was really successful and saw many dads, moms, kids, strollers and dogs. Thanks to everyone who explained Dublin to all the visitors. The feedback was wonderful. They got more information than she thought was even possible, Next year we will push the School Board to attend this event and field some of their questions. It was exactly as billed - a family event. Thank you Staff, you made us all proud. Mayor Lockhart stated she had received information that next April is ~Keep California Beautiful' month. Are we doing Dublin Pride next April? We have been requested to let them know what is going on in other communities, Assistant City Manager Joni Pattillo stated there hasn't been a specific date picked as yet. Mayor Lockhart advised that she will be meeting with the Postmaster regarding mailboxes and mail and our post office. If anybody on the City Council would like to join the meeting, She stated she would get them the details. They will meet next week. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 625 ADJOURNMENT 11.1 There being no further business io come before the Council, the meeting was adjourned at 9:08 p.m. ATI'EST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 7, 2003 PAGE 626