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HomeMy WebLinkAbout07-18-2000 Adopted CC MinutesREGULAR MEETING -July 18, 2000 A regular meeting of the Dublin City Council was held on Tuesday, July 18, 2000, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston. ' None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CLOSED SESSION 10. I (640~30) At 7:05 p.m., the Council recessed to a closed session to conference with Legal Counsel ~ Anticipated Litigation ~ Significant exposure to litigation pursuant to Subsection (b) 54956.9 of the Government Code ~ TWO potential cases. REPORT ON CLOSED SESSION ACTION At 7:22 p.m., the Council meeting reconvened With all Councilmembers present. Mayor Houston stated no reportable action was taken. Mayor Houston announced that Item 3.2 would be considered next on the agenda. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July t8, 2000 PAGE 311 PROCLAMATION 7:22 p.m. 3.2 (610~50) Mayor Houston read a proclamation declaring Tuesday, August 1, 2000 National Night Out and called upon all citizens of Dublin to join the Dublin Police Services and the National Association of Town Watch in supporting the event. The proclamation was presented to Police Chief Gary Thuman. JOHN MONEGO COURT - STREET DEDICATION 7:23 p.m. 3.1 (580-40) Mayor Houston stated he recently attended a dedication ceremony at Camp Parks, where Oscar Johnson was remembered. A new barracks was named in his honor. Mayor Houston read a quote by John F. Kennedy which was made about a month before he was killed. "A nation reveals itself by the men it honors and by the men it remembers". The Council then held a formal dedication of the street named in memory of slain Dublin Police Officer John Monego. A ribbon cutting ceremony was held, with Officer Monego's young son, Dominic, cutting the ribbon. Street signs were presented to Tammy Monego and to Officer Monego's mother. RECESS At 7:30 p.m., Mayor Houston called for a short recess. The meeting reconvened at 7:33 p.m., with all Councilmembers present. AB 939 DIVERSION STUDY 7:34 p.m. 3.3 (810~60) Administrative Analyst Jason Behrmann presented the Staff Report and advised that Waste Management has offered to develop and implement 939 Plus, a Waste Management Diversion Program aimed at increasing the City's diversion rate and improving the City's recycling programs. CITY COUNCIL MINUTES VOLUME 19 REGULAR ~EETING July 'I8, 2000 PAGE 312 Mr. Behrmann introduced Dr. Eugene Tseng, who has been hired by Waste Management to develop and manage the program. Dr. Tseng provided an overview of the program. He stated his dad calls him an overeducated garbage man. He is with UCLA extension and they train recycling coordinators from all over the world. They will use the City of Dublin as a test jurisdiction to test some of the methodologies. They will be starting the second week of August. Cm. McCormick asked if the school district will be included. Dr. Tseng replied that the school district is actually considered to be a business so yes, they will be included. Cm. Zika asked about measuring and how it may be measured more adequately. Dr. Tseng stated as currently measured, our rate is 34%, but he feels the rate is actually much higher. He explained the components of promoting integrated waste management and source reduction. Vice Mayor Lockhart stated the planning committee of Waste Management passed on the Board this morning at their meeting, a request to look at an incentive program using Measure D funds. She asked if this will this help us in developing incentive programs. Dr. Tseng stated absolutely; we will be able to target in the next 5 to 10 years, a new baseline and pick very specific targas to do incentive programs. The 50% reduction is proportionate to how we grow. Typically volume increases when we go to one container recycling, as we will be doing in Dublin. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council approved the 939 Plus Waste Management Program, authorized the use of the City's logo on a joint business card with Waste Management, and approved and authorized the Mayor to sign the later to Dublin businesses encouraging participation in the program. Mr. Chris Finn asked if we have any doors at the Civic Center accessible with push buttons. He stated he was unable to get into the building by himself to attend a meeting. He stated he thought this was in non-compliance with ADA requirements. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 313 Public Works Director Lee Thompson stated we have a capital project this year to put in push button doors on the building. We are okay with ADA because the doors have to have a certain pressure with which you can open them. This will make it much easier. Mr. Finn asked if there is a date on when this will be implemented and asked why did this take so long. ADA came out in 1991. Governmental buildings should have been made accessible immediately. City Manager Ambrose stated the building was built in 1989. Mr. Thompson stated we are currently putting together our schedule for all capital projects. It will be in within the next 6 months. Mayor Houston announced that it was his pleasure to introduce 3 new corporate tenants to Dublin, soon to be located in the Koll Center: Quintus corporation, Simpson Manufacturing, and EMC Corporation. All three of these businesses will be headquartered at the Koll Dublin Corporate Center. The three businesses have combined to lease approximately 175,000 square feet of the Koll Center, located at Dublin Boulevard and Tassajara Road. It is expected that both Quintus and Simpson Manufacturing could occupy their new facilities by year's end, while EMC Corporation will move into their new location by early 2001. Mayor Houston congratulated Michael Parker of Koll Development on the project. The Center will provide Class A office opportunities for businesses looking to take advantage of all that Dublin and the entire Tri ~Valley have to offer. On behalf of the City Council and residents of Dublin, he welcomed the companies to Dublin and wished them success in their new home. CONSENT CALENDAR 7:50 p.m. Items 4.1 through 4.9 Cm. McCormick and Cm. Howard abstained from voting on the minutes of the July 5th City Council meeting. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 314 On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 21 '* and Regular Meeting of July 5, 2000 (Cm. Howard and Cm. McCormick abstained); Adopted (4.2 600~35) RESOLUTION NO. t25- 00 AWARDING CONTRACT 00-08 TRAFFIC SIGNALS ON VILLAGE PARKWAY ~TAMARACK DRIVE, ~ BRIGHTON DRIVE, AND {~ DAVONA DRIVE TO WINGARD ENGINEERING ($438,824) and approved a budget increase of $61,765 from Gas Tax Reserves; Received (4.3 320-30) the City Treasurer's Investment Report for the 4th Quarter of FY 1999-2000 showing that the City's investment portfolio totals $49,503,712 (cost basis), and funds during the 4th quarter were invested at an average yield of 6.230%; Adopted (4.4 600-40) RESOLUTION NO. 126- 00 APPROVING LICENSE AGREEMENT WITH CITY OF PLEASANTON FOR THE RIGHT TO CONSTRUCT IMPROVEMENTS ON PLEASANTON PROPERTIES AT THE 1-5801HACIENDA DRIVE INTERCHANGE AND AT TASSAJARA ROAD JUST NORTH OF 1-580 and authorized the City Manager to execute the License Agreement; Adopted (4.5 600~50) RESOLUTION NO. '!27- 00 APPROVING COOPERATIVE AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE IMPROVEMENT OF 1-580/TASSAJARA ROAD AND 1-5801FALLON ROAD INTERCHANGES and authorized the Mayor to execute the Agreement; CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 315 Adopted (4.6 600~30) RESOLUTION NO. 128- 00 APPROVING AMENDED AGREEMENT WITH MK CENTENNIAL FOR CONSULTING SERVICES FOR THE WIDENING OF DUBLIN BOULEVARD FROM VILLAGE PARKWAY TO SIERRA COURT/CIVIC PLAZA and authorized the Mayor to execute the amended Agreement; Approved (4.7 300~40) the Warrant Register in the amount of $838,142.82; Adopted (4.8 600~30/600~40) ~RESOLUTION NO. 129- 00 APPROVING AGREEMENTS WITH JENNIFER LIN, ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY (ACSPA), THE MISSION PEAK COMPANY AND GREENBRIAR LAND COMPANY REGARDING CONSTRUCTION OF THE 1-5801TASSAJARA ROAD INTERCHANGE IMPROVEMENTS and authorized the Mayor to execute the Agreements; Adopted (4.9 600~.30) RESOLUTION NO. 130- 00 AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND WASTE MANAGEMENT OF. ALAMEDA COUNTY FOR THE PURCHASE OF 64-GALLON RECYCLING CARTS PUBLIC HEARING KINDERCARE PLANNED DEVELOPMENT REZONE, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PA 00-004 7:50 p.m. 6.1 (450~30) Mayor Houston opened the public hearing. Senior Planner Dennis Carrington presented the Staff Report and advised that this is the second reading of an Ordinance adopting a Planned Development Rezone and Stage 1 and Stage 2 Development Plan for a 9,824 square foot KinderCare Learning Center on CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 316 1.2 acres on the north side of Amador Valley Boulevard adjacent to the Kildara development. The Day Care Center will have a capacity of 180 children and will have hours of operation from G:l 5 a.m. until 7:15 p.m., Monday through Friday. Mr. Carrington stated the City Council held a public hearing on this project on July 5m. At that hearing, on a 2~ 1 vote, with 2 Councilmembers absent, the City Council introduced the Ordinance and adopted a Resolution approving the CUP and SDR for the project. Nina Wixson, 7403 Cronin Circle stated she is treasurer of the Kildara Homeowners Association. She reviewed the proposal again and stated she wanted to continue to express opposition to the project. They feel this would have a negative impact on traffic, safety, noise, etc. She stated she is disappointed that KinderCare cannot find a partner on the site. This will make the property less attractive to any future development. It will remain an eyesore as it has been for many years. There will be 848 daily trips to the facility. Danville has turned down a 1,700 square foot facility because of issues of traffic through a shopping center. Dublin's issues are far greater. They are also concerned about back up at the light. She requested that sole access be on San Ramon Road, not from Amador Valley Boulevard. There will be accidents there. She did not feel Mr. Carrington's comparison with regard to noise levels to leaf blowers was appropriate. They have come to an agreement with increasing the wall 2 feet higher, not allowing right turns into their property, and large canopy trees. She stated she still feels that a security arm placed in the back of their property rather than a gate be considered if the project is to go forward. Josephine Di Stefano, 7423 Tehan Court, stated she backs Nina 100%, particularly with regard to the entrance. One hundred and eighty children will basically be in her bedroom. The trash bins will also be there. She would like to have the bins moved somewhere else. She suggested that I<inderCare maintain the lawn area that can't be developed. Also, she stated she goes along with canopy trees. She wrote about her concerns to KinderCare, but never received a response. She hopes something can be done. Robin Chinn, 11812 Kilcullin Court, stated she also supports what Nina put forth. She is opposed to having potential cut~through traffic come through their development. A lot of traffic comes through from the Chamber of Commerce area. The temptation will be great to cut through. The lever arm is a wonderful compromise. The fire people could just bust through it if necessary and they will replace it. Chris Finn, 11812 Kilcullin Court stated one of the things he found interesting was the comment about the leaf blower. He stated one was outside this morning from his CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 317 window. Having been a school counselor, thinking of 180 kids will be even worse. He stated his main issue is safety. In the last week he has made the trip from the front of Kildara down through the intersection. Being in a wheel chair and crossing the Street with people making a right turn from San Ramon Road to Amador Valley Boulevard; this is a dangerous situation. This will make it even more dangerous for him and also the kids attending there. Mark Moore, KinderCare Construction Manager, commented on the trash enclosure. He stated it may be possible to move it further from the wall. The wall is definitely on the Kildara property. They have not finalized the discussion. They will determine whether to extend it or build another on their property. They were waiting for final approval before working out the details. Mayor Houston requested that they work this out. Mr. Moore stated he was at the Danville hearing last week, and they were approved by the Planning Commission. He stated they have access to both Amador Valley Boulevard and San Ramon Road. Having both accesses will help. No situation is perfect. He stated the kids will come outside in shifts, so they won't all be out at the same time. Cm. Zika asked if they had considered putting in some landscaping in the front part so it won't be an eyesore. Mr. Moore stated they are not developing anything on that piece of land and suggested that perhaps Mr. Nichandros could address this. Cm. Howard asked about the entrance on San Ramon Road. It comes in just noah of the Sleep Shop. It is an existing entrance. Cm. Howard asked, if the fishery property develops, will the easements change. Mayor Houston closed the public hearing. Vice Mayor Lockhart commented that she understood the concerns of the neighbors. Daycare is critical in our community. It goes in neighborhood and commercial areas. She looks at the area and sees that backing up on the other side is a large Montessori School, a bike shop, 3 restaurants, and probably the largest bar in Dublin. They seem to have no problems with these uses. She stated she will support KinderCare. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 318 Cm. Zika stated he will not support KinderCare because they have not addressed the traffic and noise major concerns. The Council took a position a year ago that this parcel should not develop piecemeal. In the last 6 months, he has heard that Safeway is going in in 6 different locations, yet he doesn't see a Safeway in our community. He was concerned that we will have an eyesore and it will be a long time before we find a tenant for this property. Cm. Howard stated she goes along with Cm. Zika. She went along with this as a total package. We've piece mealed enough in the City and she doesn't want to see this parcel looking terrible for years. Cm. McCormick stated she will support the motion, mostly because she feels we are one community here. Kildara was never intended to be a fortress within the community and gate& It would be ideal to live on a quiet little street with no traffic, but that won't happen here in Dublin. We need to look at the common good for everybody. Mayor Houston stated he will also support the project. With regard to the idea of holding until the whole parcel develops, things change. We have a very quality childcare that can go in and be a part of the community at large. There has been some talk about what can happen with the Fishery property, and this will be evaluated at the proper time. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. t7 - 00 AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT (PD) REZONEIDEVELOPMENT PLAN FOR PA 00-004 KINDERCARE, LOCATED AT 7360 SAN RAMON ROAD (APNs 941-40-3-2; 941-40-2-3 and 941-40-2-7) Cm. Zika and Cm. Howard voted in opposition to the motion. PUBLIC HEARING ANNEXATION OF TRACT 7067 AND 2000-2001 LEVY OF ASSESSMENTS FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99~1 (DUBLIN RANCH) 8:15 p.m. 6.2 (360~20) Mayor Houston opened the public hearing. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 'i8, 2000 PAGE 319 Public Works Director Lee Thompson presented the Staff Report and advised that this assessment district funds energy and maintenance costs for street lighting in the Dublin Ranch development. This item is the first public hearing to be held regarding the annexation of Tract 7067 into the District and the levy of assessments for 2000-2001. A second public hearing will be held on August 1 st prior to final approval by the City Council. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council continued the public hearing to August 1, 2000. PUBLIC HEARING EMERALD GLEN VILLAGE CENTER, PLANNED DEVELOPMENT REZONE/DEVELOPMENT PLAN PA 00~003 8:16 p.m. 6.3 (450~30) Mayor Houston opened the public hearing. Associate Hunnet Anne Kinney presented the Staff Report and advised that this is a request for a Planned Development Rezone for a mixed~use development involving a 134,025 square foot neighborhood shopping center and 390 apartment units at the northwest corner of Dublin Boulevard and Tassajara Road. A Development Agreement will be required prior to approval of a Final Map. Ms. Kinney stated the proposed development envisions an integrated, mixed~use, pedestrian~oriented village. This project represents the first mixed~use development that has been proposed within the City. It is a distinctively urban project in both character and scale. The proposed development consists of four one~story commercial structures (totaling 121,475 square feet) located on the southern portion of the property. A pedestrian~oriented area is planned for the center of the project, consisting of wide sidewalks and an open plaza area with seating, an art feature and enriched landscaping. A four~story apartment building would also be located at the center of the project and would be developed with 12,500 square feet of ground floor retail uses and 91 units in the upper floors. The remaining residential units (299) would be located on the northern portion of the site in four four~story buildings arranged around three CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 320 courtyards and a central parking structure. The primary commercial building is proposed to be located on the southern portion of the site parallel to Glynnis Rose Drive. Ms. Kinney discussed parking issues. A total of 575 (including 9 spaces at the recreational building) surface parking and 713 garage spaces have been provided to serve the development. The spaces provided for the commercial portion of the development (566 spaces) meet the requirements of the City's parking ordinance. The Zoning Ordinance requires the provision of two parking spaces (one covered and one uncovered for unreserved/guest parking) per dwelling unit. To serve the residential portion of the project, a total of 780 parking spaces would be needed. The project, as proposed, would supply on~site parking at a ratio of 1.85 spaces per dwelling unit or 722 spaces. Therefore, the project would lack 58 spaces. Ms. Kinney stated it has been City practice to allow a portion of the unreserved parking spaces for residential projects to be located on-street. Due to the peculiarities of this site, there is no on-street parking available on either Tassajara Road or Dublin Boulevard, and limited on~street parking available on Glynnis Rose Drive (approximately 10 spaces) and only parking on Central Parkway if parking bays are constructed. In addition, a City Park is located on Central Parkway and a townhouse/single-family project is under construction west of Glynnis Rose Drive, the patrons of which will compete for limited on~street parking in the area. There is limited opportunity for the project to augment the proposed on~site parking with on-street parking. Ms. Kinney discussed a parking study prepared by the applicant which concluded that average parking demand at apartment communities would require 1.68 spaces per dwelling unit. In addition, the study determined that parking demand for apartments peaked at a different time of day than shopping centers which would allow residents/ visitors to utilize some of the retail surface spaces if necessary. There are a number of options available in order to meet the required number of parking spaces. Firstly, the developer could construct an additional half parking level to provide another 58 spaces. Secondly, the City could allow the developer credit for the existing 10 spaces on Glynnis Rose Drive and the developer would only need to construct an additional 48 spaces. Thirdly, with the provision of 732 spaces (722 on-site and 10 off~ site), the developer could reduce the number of dwelling units by 24 to 366 units. Ms. Kinney advised that if the City Council determines that there is sufficient evidence to indicate that the proposed supply of parking at the project is appropriate, the PD Regulations may be amended. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 321 Ms. Kinney discussed the architectural design and advised that the development has been designed using a mix of eclectic Mediterranean architectural details, reminiscent of European villages. The primary commercial building faGaxle is characterized by a series of tower elements paced in random pattern and parapet walls of varying heights finished with heavy molding caps punctuated with wood brackets. Ms. Kinney discussed access and circulation, landscaping, Environmental Review, and the Development Agreement. In conclusion, Ms. Kinney stated the project, as conditioned, is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and Dublin Zoning Ordinance. The proposed project will provide an attractive pedestrian~oriented mixed~use development, which is compatible with other land uses in the immediate vicinity, as well as transportation and service facilities in the area. Vice Mayor Lockhart asked about the California Regional Water Quality Control Board comments on page 62 and how this was resolved. Ms. Kinney advised that we are still in the process of answering their letter and meeting their concerns. The project, she feels, can meet the treatment concerns of how water is collected on the site and how it is distributed to reduce potential for offsite problems. Vice Mayor Lockhart asked how many of the units are studio units. Ms. Kinney stated 58% are one bedroom, 33% are one bedroom + den, and the remainder are 2 bedroom. There are no studios. Vice Mayor Lockhart asked how far away the parking lot would be. Mayor Houston felt whether the cost is less or high, some people will team up to cut costs while others may not. The assumption cannot be made because of the market rate that people will automatically team up. Hopefully, we can get some facts on this. Bob Burke, with Shea Properties, Livemore stated this is one of the most exciting mixed use products they have done in their history. They've agreed with Staff on hundreds of issues. The one on which they don't agree is the parking issue. Their current proposal is 1% for every one bedroom unit and 1.85 for every 2 bedroom unit. They manage 28:3 units here in Dublin. They don't sell off their projects, but they always hold and manage their projects in house. They don't want to be at a competitive disadvantage. In order to stay competitive, they have to provide adequate parking. They hired the ultimate parking expert in the Bay Area to look at this, and their recommendation was for them to provide CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 322 60 spaces less than what they are providing.. David Janes, Principal with SGFA Architects was introduced. Don Goss, who is Manager of Residential Development Division in Southern California was also introduced. David Janes went through an overview of the project and described the commercial and residential components and landscaping features of the overall project. Cm. McCormick asked how close the trees will be on The Avenue. Mr. Janes replied they will be about 20 foot on center. Don Goss, Vice President with Shea Properties stated they operate 5,500 apartment units in California. Their philosophy is to hold them rather than sell them. They stand the test of time. They must meet customer demands. The Eastern Dublin Specific Plan encourages mixed use development as a means to reduce traffic. The required 2 spaces for every unit is not discretionary. They question the logic. They want to know that they have the appropriate ratio of parking on their project. He discussed what the experts found; about 1.59 spaces per unit. They surveyed 3 projects here in Dublin. They came back and recommended they do 1.68, but they put in an additional safety factor of 100 additional spaces. Urban/suburban provides new opportunity. This is very pedestrian friendly. 1.8 5 was felt to be the appropriate amount by Shea Properties. He discussed the shared opportunity they have with the retail. Timing is everything. Parsons Transportation did the study. Excess demand may or may not occur. It is within a mile and a half of the BART Station. They request that the City Council amend the parking to represent 1.8 5 spaces per unit. Cm. Zika asked what these units will rent for. Mr. Goss replied right now they start about $1,200 and for a 2 bedroom unit + den, go up to $2,200. Cm. Zika asked how convinced they are if they would put a caveat that these have to be sold in tandem. People will have to make $50,000 to $60,000 to afford these units. He has 5 kids who fit this category and 3 of the 5 have 3 vehicles. Where would they park? This is a beautiful award winning project. But, once the infrastructure is in, we are done. If their studies don't work or the economy changes, he thinks people will share apartments. We don't have enough affordable housing, so people will have to share these units. Where are we going to put these people? He was concerned if we make a mistake here and they sell the shopping center to someone else and a conflict arises. If you feel real good about this, he suggested putting in a caveat that says for a 10 year CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 323 period you can't sell them as individual pieces. At end of that time if the theory works, the caveat could be pulled off. Mr. Goss stated they feel there are more than 10 on~street parking spaces than what Staff shows. They feel they could come up with a reciprocal parking agreement to come up with 30 spaces. This could be enforced with any owner or future owner of the property. They have a project in Southern California that has 1.87 spaces adjacent to markets, cinema, jobs, etc. They are also considering in San Diego a 1.889 space project. Their studies show that this works. Cm. Zika discussed affordable units. Mr. Goss stated currently they plan to pay the fee in the City's Ordinance. Shea Properties is the only major developer that has put in affordable units. They have 57 families in Park Sierra living in affordable units. They are committed to that, but in this particular project, they don't feel it is appropriate. Rick Carlisle, 6425 Tiffany Common, Livermore stated he is a future resident of the townhome right across the Street, at 4625 Sandyford. This is an exciting project. This is exactly what we need to look forward to in the future with integrated residential and retail. It is exciting to have this showcase in Dublin. At the Planning Commission meeting, there was discussion related to service entrance to grocery store in back and to extend the delivery times. He sees this as no problem; extending to 11:00 p.m. The soundwall to shield the trucks should be high enough to cover the air conditioning units on the trucks. It should be heavily landscaped; maybe put some mature trees in that location. With regard to parking, he stated he agrees with the applicant. When you step back and look at this different type of urban project, there are certain things that you can't just use the standard 2 spaces per unit. There are some people that will have only one car. You may have occasions once in a while with a big event where spaces are filled, but this would not be the norm. You would have extra spaces in the retail. When you look at the costs of an additional ½ story to the parking structure, it is significant. More projects like this need to be brought up to all communities in the Valley. This is exactly what we need. Mayor Houston closed the public hearing. Cm. Zika asked if we have excess parking spots at the shopping center. Ms. Kinney stated they are pretty close to the line. The demands are different. We would have to look at this if changes were to occur. CITY COUNCIL MINUTES VOLUME 10 REGULAR MEETING July 18, 2000 PAGE 324 Vice Mayor Lockhart stated she felt it is important not to sell apartment dwellers and townhouse dwellers short on creativity. They will find a place to park. It seems the only ones taking a risk are Shea Properties. Personally, she doesn't want to sacrifice a project of this magnitude and this important in the valley for those few parking spaces and to think that they are going to make the difference. We have to take the opportunity to bite the bullet and look at alternatives with public transit to see if the public is accepting of it. She complimented Shea on a project that offers something different to the Tri~Valley area. Hopefully, we will encourage others with BART stations in their area to consider projects like this and to change the trends. Cm. McCormick stated she loves the project. This is just what we've been looking for. It meets a lot of needs in the valley. She looked at Amador Lakes, which is 1.85 and yet their parking demand rate is 2.2. We have to look at what is happening right now. The study bears out the fact that 1.85 is probably more parking than what is going to be needed. This is a great project. The architecture is beautiful and it will be a gem for our community. Cm. Howard stated she has always been one to say nothing but 2.0 but she likes this development so much, she will support it. This is a great project for Dublin. City Attorney Silver advised that if the City Council wants the 1.85 parking ratio, they could amend Section 8 of Exhibit A~ 1 (Page 5), which now says 2 spaces/dwelling unit. Staff can return at the next meeting with this revision to say 1.85 spaces/dwelling unit. The amendment would be just for this piece of property. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, the Council adopted RESOLUTION NO. 131 -00 ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR EMERALD GLEN VILLAGE CENTER PA 00-003 and waived the reading and INTRODUCED the Ordinance and scheduled the second reading of the Ordinance for the August 1 ~* City Council meeting. Cm. Zika voted in opposition to the motion, but stated it is a beautiful project. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 325 TRI~VALLEY SPCA, APPROVAL OF BUILDING COLORS PA 99~004 9:20 p.m. 7.1 (410~30) Associate Hanner Anne Kinney presented the Staff Report and advised that at a public hearing in December of last year, the City Council expressed concern over the bright accent colors proposed for the new animal adoption and education facility to be located on the northwest corner of Barnet Boulevard and Gleason Drive. The facility will provide a low cost spay/neuter clinic, education, animal training and placement services. Ms. Kinney advised that the bright, vibrant building colors proposed for the SPCA facility have been replaced with softer more muted earth tones that will complement the surrounding natural and built environment. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council approved the revised color palette for the SPCA facility. ACCEPTANCE OF WORK, CONTRACT 99~04, EMERALD GLEN PARK IMPROVEMENTS 9:21 p.m. 7.2 (600-35) Parks & Community Services Director Diane Lowart advised that Phase I of this project included the installation of three ball fields, two soccer fields, two basketball courts, four tennis courts, a skate park, concession building and a water play area. Once the Council accepts the improvements, the park will be made available to the public. However, the play fields will not be available for league play until the official grand opening in the Fall. Ms. Lowart stated at this time, the project is substantially complete, but Staff anticipates that it could be complete within the next week to 10 days. One option would be to accept portions of the project as complete and allow City Manager to designate or accept at next meeting. Ms. Lowart read a prepared statement: The Council could authorize the City Manager, on behalf of the City, and at his discretion and prior to acceptance of the work as a whole, to exercise the City's right under Section 1.13 of the Dublin Contract No. 99~04 to occupy, use and maintain those portions of the work under that contract which he determines are appropriate for occupation, provided that such occupation shall not CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 326 constitute a waiver of the provisions of the contract regarding turf maintenance. In addition, the Council could authorize the City Manager, at his discretion, to accept Contract No. 99-04 on behalf of the City when the City Manager determines the improvements are complete and authorize release of the Line of Credit 35 days following acceptance if there are no subcontractor claims. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council authorized the City Manager, at his discretion, to accept Contract No. 99~04 on behalf of the City when the City Manager determines the improvements are complete and authorized the City Manager to release of the Line of Credit after 35 days if there are no subcontractor claims. AMENDMENT TO AGREEMENT FOR TEMPORARY DISPLAYS OF SCULPTURE AT DUBLIN CIVIC CENTER 9:24 p.m. 8.1 (600-30) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the City has the sculpture, "Sirius" on loan from artist Peter Voulkos through an agreement between KLMPH, LF, the Dublin Fine Arts Foundation, and the City. This agreement will expire on December 21, 2000 and contains a G-month prior notification for removal clause. The 47' x 18' sculpture is located on or near the site of the new Dublin Library. Ms. Lowart stated with the anticipated ground breaking for the library in March of 2001, Staff does not recommend extending the agreement for an additional year, and recommended that notice be given for removal of the sculpture. KLMLP, LP has indicated that there may be a buyer for the sculpture. Ms. Lowart stated if the piece is not sold, the sculpture could be relocated to the front lawn area of the Civic Center, adjacent to the west access Road. Staff recommended that the City Council consider relocation only if KLMLF, LP is willing to finance the move. Cm. McCormick argued in favor of attempting to keep the sculpture if we can and try to move it to another location. This sculpture makes Dublin stand out. Peter is a well known sculpture and known throughout the world. She encouraged the Council to look to other places to move it. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 327 Vice Mayor Lockhart asked if it could be moved to another location, such as at Emerald Glen Park. Mayor Houston requested that Staff discuss this with the artist and find out first about the potential sale. Ms. Lowart stated the owner, KLMLP,LP is the one with whom we would negotiate. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council authorized Staff to execute the removal notification, and then consider relocation of the sculpture if KLMLP,LP is willing to finance the move. REGIONAL HOUSING NEEDS DETERMINATION 1999~2006 9:28 p.m. 8.2 (430-50) Senior Planner Dennis CarPington presented the Staff Report and advised that the Association of Bay Area Governments (ABAG) has re-submitted the Regional Housing Needs Distribution (RHND) responsibilities for each Bay Area jurisdiction. The City Council discussed the ABAG RHND on March 2 I, 2000, and directed the Mayor to sign a letter to ABAG requesting that Dublifts allocation of RHND housing numbers be reduced. The ABAG Executive Board met on May 18th and made two changes to the RHND process: 1) The jobs/housing weighling ratio was changed from 10%:90% to 50%:50%. This reduced Dublin's housing allocation from 4,891 dwelling units to 4,741 dwelling units. 2) A shift was made in the distribution of dwelling units assigned to unincorporated areas within cities sphere of influence (SOD. The new unincorporated SOI distribution is 75% of the allocations assigned to the cities and 25% assigned to the counties. This resulted in 695 dwelling units being reassigned from Alameda County to the City of Dublin, for a new total of 5,436. Mr. Carrington stated ABAG transmitted the third release of the RHND to the cities and counties on May 30th. In that memo, ABAG made it clear that the RHND process is inherently controversial, and in recognition of this, the Executive Board revisited the previously noted issues. However, it is not anticipated that the process will ever meet with full regional concurrence. Mr. Carrington discussed the ABAG determination, Timeline, and ABAG Executive Board Meeting. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 328 The City's total RHND allocation (as revised) is 5,436 housing units. The City will need to provide 5,436 housing units from January 1, 1999 through June 30, 2006. Reference was made to the breakdown in the Staff Report. The final State HCD's RHND for the Bay Area after negotiations with ABAG is 230,743. ABAG Staff and the Housing Methodology Committee (comprised of city and county representatives) produced a methodology based on Projections 2000. This methodology was revised by ABAG at its May I 8, 2000 meeting. The methodology takes into account growth in terms of both households and jobs. This growth is weighted 50% households and 50% jobs to determine a regional allocation factor to be applied to the regional goal number received from HCD. The methodology is also used to distribute a share of housing to each jurisdiction by income category. Mr. Carrington stated the City's RHND number of 5,436 housing units is very high and constructing these many units over a 7 Vz year period may be difficult to achieve, especially the construction of 1,327 units for very low and low income households. The City will have met 57 of the 796 very low income category of units during the housing element planning period. The City may be able to meet a portion of this requirement with the transit center developments proposed for the East and West Dublin BART stations. Planning Staff is in the process of completing the Mfordable Housing Implementation Program. The Program's recommended affordable housing policies and programs will have taken into consideration the amount of affordable housing units that the City is required to provide as part of its regional housing needs requirement. Mr. Cartington summarized that Staff had prepared a response letter to ABAG, requesting that ABAG lower Dublin's RHND numbers based on local land use data and development policies, and existing and future growth patters for Dublin. The letter also includes a discussion regarding the requirement to provide affordable housing as an "unfunded" State mandate. The letter states that the State should consider providing financial incentives for meeting affordable housing goals. Furthermore, the letter includes a discussion of how environmental constraints may impede future housing development in Dublin. Mayor Houston stated in talking to Heasanton Councilmembers, they indicated they are not pleased with ABAG's numbers as well. He asked if neighboring cities be writing letters as well? Mr. Cartington stated everybody submitted letters last time. The deadline is August to get a letter in. CI'TY COUNCIL MINUTES VOLUME 19 REGULAR MEETING duly 18, 2000 PAGE 329 On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council authorized the Mayor to sign and send the ABAG letter. NOVEMBER 2000 BALLOT MEASURES: CITY OF DUBLIN MEASURE REGARDING WESTERN EXTENDED PLANNING AREA URBAN LIMIT LINE; "SAVE AGRICULTURE AND OPEN SPACE LANDS" INITIATIVE; AND PROPOSED BOARD OF SUPERVISORS MEASURE ENTITLED "VISION 2010: THE EAST COUNTY COMPREHENSIVE PLAN TO PROTECT AGRICULTURE, OPEN SPACE AND NATURAL RESOURCES" 9:~5 p.m. 8.~ (660~30) Community Development Director Eddie Peabody presented the Staff Report. The City Council has placed a measure on the November 2000 ballot proposing an amendment to the City's General Plan to include an urban limit line for the Western Extended Planning Area which would be coterminous with the existing City limit line. The "Save Agriculture and Open Space Lands Initiative" would make numerous amendments to the East County Area Plan, part of the County's General Plan. In particular, it would revise the existing Urban Growth boundary on the west to be at the existing City limit line and on the east to run northwesterly from Croak Road and I~580 to Tassajara Road. If approved by the voters, the new UGB for Dublin on the west would be the existing City limit line. Areas within the City's SOI on the west would be outside the UGB. Areas within the City's GP area and within the City's SOI on the east would be outside the UGB. The existing ECAP requires the Board of Supervisors to amend the UGB following annexations and to review and adjust it every 5 years. The initiative would prevent any change to the UBG without approval of the voters of the County. In addition, the initiative would repeal Policy 25 which requires the County to support development in Eastern Dublin and to support phased annexation of the Eastern Dublin Specific Plan area to the City. The City Council has gone on record in opposition to this initiative. Mr. Peabody stated the July 13th draft of the proposed measure, "Vision 2010: The East County Comprehensive Plan to Protect Agriculture, Open Space and Natural Resources", would affirm and readopt the urban growth boundary in the existing ECAP. The urban growth boundary for Dublin on the east would run northwesterly from Croak Road and I~ 580 to Tassajara Road. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 330 Mr. Peabody stated it is Staffs understanding that a revised version of the proposed measure will be proposed to the Board of Supervisors. In particular, the revised version would reaffirm ECAP policies that support adopted general and specific plans in the City and would require the County to amend its UBG to be coterminous with the limits of urban development set forth in such general and specific plans. Mr. Peabody stated Staff had prepared a Resolution for Council consideration to support the proposed Vision 2010 measure to include proposed new Policy 1B. Staff believes adoption of this amendment to ECAP is consistent with the City's long term plans for Eastern Dublin. The City adopted the EDSP and GPA in May of 19937 and has been planning infrastructure to serve these areas since January 1994, when the SP and GPA were affirmed by the voters at a referendum. City Attorney Silver discussed the effect of conflicting ballot measures. The one with the most votes would be adopted. Valefie Raymond 2368 Buena Vista, Livermore congratulated the Council on their vote on the Emerald Glen project. She stated Tom O'Malley was unable to be present, so she was speaking on his behalf. Dublin helped fund Vision 2010 and participated along with a number of people representing a broad range of interests. Their action plans were based on the vision of what they wanted to see in the valley in the year 2010. This measure is definitely city focused and based on the belief that cities should be driving this. It also puts the emphasis of voter support behind a more aggressive effort to make agriculture and open space options and choices. They worked very closely with the agricultural community on this measure. This gives them a seat at the table. She encouraged the City's support. She requested that we also add a letter to be sent to the Board of Supervisors to request they put this measure on the ballot. Livermore did include this in their 4~ 1 approval a couple of weeks ago. Mayor Houston thanked Mr. Peabody and Ms. Silver for their going through this. The Council agreed to add a letter to the Board of Supervisors requesting that they place the Vision 2010 measure on the ballot. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 132- 00 SUPPORTING THE PROPOSED VISION 2010: THE EAST COUNTY COMPREHENSIVE PLAN TO PROTECT AGRICULTURE AND OPEN SPACE AND NATURAL RESOURCES (VISION 2010) CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE331 and authorized the Mayor to sign the letter to Tom O'Malley of the Tri~Valley Vision Project. OTHER BUSINESS 9:48 p.m. Mr. Ambrose advised that this Friday, July 218t is our next summer concert at the Civic Center. Tito Garcia and the International Orchestra will be entertaining. Cm. McCormick stated she felt the Civic Center concert was great last Friday. The band was Double Funk Crunch. Cm. Zika thanked Parks & Community Services Director Diane Lowart for the group last Friday; they were exceptional. Mayor Houston reiterated that we have 4 more Friday night concerts at the Civic Center. There will be Salsa music this Friday night. Mr. Ambrose provided an update on coyotes at Dougherty Hills Park. Dublin received a written response from the Department of Fish & Game and they feel at this time that trapping is not warranted and recommend we modify human behavior in the park. We have put up signs and information. We've received no additional reports of aggressive behavior. Citizens also request that we take no further action at this time. Vice Mayor Lockhart thanked Staff on their diligence in pursuing the answers to the coyote questions. Our residents feel they've really been served by the response. Cm. McCormick stated this had really been a good couple of weeks for Dublin neighborhoods. Sunday afternoon between 1 p.m. ~ 5 p.m., she counted about 40 neighbors who came to Mape Park and everybody participated in looking at the design to go into the art project. She stated she feels everyone will be delighted with what we come up with. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 332 Cm. McCormick stated she also had an opportunity to inspect some new buses that will be driving on Dublin streets. Vice Mayor Lockhart talked about riding on the buses to Wente Winery. There are 5 new buses from the Gillig Corporation that will be put into service. Two will be used with the new express bus service going to Silicon Valley. They are going to Lockheed and employees there are trained to drive them. She applauded them on their foresight in doing this. Congratulations to LAVTA. Cm. McCormick asked Mr. Thompson about the blank glass looking out at the kiosk at the Iron Horse Trail. She asked how this will be managed. Mr. Thompson stated we have to get together with EBRPD. There should be at least one of the panels available for people to post things. Within the next 2 or 3 weeks, this should take place. They can contact Public Works at this point. Cm. Zika congratulated Chief Thuman for a great National Night Out event last night. Cm. Zika stated he was at C/VIA this week and they talked about some 90 cent federal dollars. We may be able to buy a dollar of federal money for 90 cents for our interchanges and this should save us about 1½ million dollars. We did not get funded the first go round, but there is a good chance of funding later this year. Vice Mayor Lockhart stated she and Cm. McCormick artended a community woodworks grand opening at the old Oakland Army Base that has closed down. They've taken something that needs to be deconstructed and hired local area people to aleconstruct it and took the material and set up a mill in one of the big warehouse buildings and are coming up with some wonderful products. They're working with local artists and they've done some really great things. This helps with jobs and they take materials and instead of hauling them to the landfill, they work for the community. They've done some very clever art products. They are in Building 823. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 333 Vice Mayor Lockhart stated she had received the notice of the public hearing by the Contra Costa County Board of Supervisors regarding the Urban Growth Boundary for the Tassajara Valley, and asked if this would be beneficial to attend. Mr. Ambrose stated our negotiations with them is on the joint traffic impact fee and if this does occur it could change the nature of our agreement. At this point, Staff will just monitor it. Mayor Houston stated he had gotten a complaint about the soundwall over by Dublin Elementary. There's graffiti on our side of the wall. They contacted Calltans and were told that Caltrans will only deal with the freeway side. The problem is access. We need to figure out some way to get it off very quickly. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:01 p.m. ATTEST: Mayor CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 18, 2000 PAGE 334