HomeMy WebLinkAbout4.01 Draft Minutes 01-16-2001 REGULAR MEETING - January 16, 2001
A regular meeting of the Dublin City Council was held on Tuesday, January 16, 2001, in
the Council Chambers of the Dublin Civic Center. The meeting. was called to order at
7:08 p.m., by Mayor Houston.
ROLL CALL
PRESENT:
ABSENT:
Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston.
None.
PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the
flag.
Mayor Houston announced that, given the long agenda tonight, in accordance with
Section 4 of the Council's Rules of Procedures, he was going to limit the time for speakers
on agenda items during tonight's meeting. Except for public comments, all members of
the public will be limited to 5 minutes on any agenda item. If the item is an appeal
(Items 6.2 and 6.3), he would provide the appellant a total of 20 minutes at the
beginning of the public hearing and the applicant a total of 20 minutes at the end of the
public testimony, followed by no more than 3 minutes of rebuttal by the appellant and
the applicant. If there is more than one appellant, the appellants can allocate the total
time in any manner they wish. These time limits may be shortened if the testimony
becomes unduly repetitive.
Unless otherwise decided by the Council, Mayor Houston stated this will be the order for
tonight's meeting.
On motion of Cm. Oravetz, seconded by Vice Mayor Lockhart, and by unanimous vote,
the Council accepted the Mayor's stated timelines.
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7:10 p.m.
Lt. Colonel John Randolph with Parks RFrA introduced Kevin P Edwards from Davenport
Iowa, who will be replacing Larry Davis who will be retiring this spring.
CONSENT CALENDAR
Cm. McCormick pulled Item 4.9. Vice Mayor Lockhart pulled Items 4.7 and 4.2.
7:11 p.m. Items 4.1 through 4.16
On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes of Regular Meeting of December 19, 2000;
Confirmed (4.3 110~30) Mayor Houston's appointment of Jenny Bau to the Youth
Advisory Committee;
Accepted (4.4 150N70) a $250 check for the Dublin Senior Center from the Women's
Club of Dublin; directed Staff to prepare a formal acknowledgment to the donor; and
approved a Budget Change;
Adopted (4.5 700~20)
RESOLUTION NO. 1 - 01
AMENDING THE SALARY PLAN FOR PART-TIME PERSONNEL
(Minimum Wage = $6.25 January 1, 2001 & $6.75 January 1, 2002)
Accepted (4.6 600-35) improvements constructed under Contract 99-15, Dublin Swim
Center Waterslide Installation Project; authorized the release of $19,268.10 retention
after 35 days if there are no subcontractor claims; and approved $29,107 Budget Change
from Unappropriated Reserves;
Accepted (4.8 600~35) improvements constructed under Contract 00-03, Dublin Swim
Center Fence Replacement Project; authorized the release of $7,442.50 retention after 35
days if there are no subcontractor claims; and approved a $9,118 Budget Change from
Unappropriated Reserves;
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Adopted (4.10 350-20)
RESOLUTION NO. 2- 0t
AWARDING PURCHASE ORDER FOR
GREEN LED TRAFFIC SIGNAL MODULES TO
SYNCHRONEX, INC. ($110,665.92)
Received (4.11 320~30) the City Treasurer's Investment Report for the 2nd Quarter of FY
2000-2001 showing the City's investment portfolio totaling $64,620,159, with funds
invested at an average yield of 6.458%;
Accepted (4.12 300~20) the Annual Report of Developer Impact Fee Funds Deposits
pursuant to Government Code Section 66001, 66006 and 66008 (AB 1600) and adopted
RESOLUTION NO. 3 - 01
MAKING FINDINGS REGARDING UNEXPENDED
DOWNTOWN TRAFFIC MITIGATION CONTRIBUTIONS
FOR FISCAL YEAR 1999-2000
Adopted (4.13 600~30)
RESOLUTION NO. 4 - 01
APPROVING AGREEMENT WITH S & C ENGINEERS, INC.
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
1-5801TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT
and authorized the Mayor to execute the Agreement;
Adopted (4.14 410~50/600~60)
RESOLUTION NO. 5 - 01
APPROVING FINAL MAP FOR TRACT 7148
(DUBLIN RANCH, DR ACQUISITIONS II, LLC)
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Waived (4.15 350~20) the competitive bid requirements for Automated Notification
System purchase and adopted
RESOLUTION NO. 6- 01
AWARDING PURCHASE OF AUTOMATED NOTIFICATION SYSTEM
TO DIALOGIC COMMUNICATIONS CORPORATION ($37,000)
Approved (4.16 300N40) the Warrant Register in the amount of $1,509,729.08.
Vice Mayor Lockhart pulled Item 4.2, and stated she thought it was a great idea to video
stream our marketing piece on the City's Website. She asked questions with regard to the
CD Rom issue and if this would cost an extra $600 to $1,100. She asked if this included
time at trade shows. She asked who we are marketing to.
Mr. Foss stated this was correct. We did not budget for trade shows this year. The intent
is to promote to the business community more than anything else. We are looking for an
opportunity to present Dublin in the best light possible. For a cost of $1,600 then $1,200
per year, brokers developers, users, people looking for a place to live can view our
Website. It opens up a market place for us.
Mr. Ambrose explained that it also helps our major employers and all employees can
view the Website.
Mr. Foss stated it can be updated quickly, whereas old videos become obsolete. It is not
difficult to get the videos out.
On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote,
the Council authorized (4.2 150~35) Staff to stream the promotional marketing video on
the City's Website.
Vice Mayor Lockhart pulled Item 4.7 and asked which piece of artwork this is.
Ms. Lowart advised that it is the one on the front lawn area between Dublin Boulevard
and the fountain.
On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous
vote, the Council authorized (4.7 600N30) the Mayor to execute an amendment to
Agreement for Temporary Display of Sculpture (Steel Water Color #99) at the Dublin
Civic Center for a one~year extension.
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Cm. McCormick pulled Item 4.9. She stated ea~ier this evening they met as the Dublin
Housing Authority and discussed Arroyo Vista and and she noted that appearance
improvement was rated as a high priority item by the Council on their Goals &
Objectives list.
Mr. Ambrose stated he and Ophelia Basgal will be discussing some of the constraints and
overall options next week.
Vice Mayor Lockhart asked about the calculations and stated she thought we only
included high and medium priority items. Why are the low items still showing?
Mr. Ambrose stated they stay on because they weren't deleted by the Council. They count
in the overall total percentages.
On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the
Council received (4.9 100-80) a Status Report on the 2000~2001 Goals & Objectives
and CIP Schedule.
WRITTEN COMMUNICATIONS ~ CHAMBER OF COMMERCE
REQUEST FOR WAIVER OF BANNER INSTALLATION FEE
7:23 p.m. 5.1 (270-20)
Economic Development Director Chris Foss presented the Staff Report and advised that
the Dublin Chamber of Commerce is requesting that the City waive the $400 fee to
install a banner on San Ramon Road to advertise the Chamber's annual business faire on
February 27, 2001. The Chamber would pay the $50 encroachment fee.
Vice Mayor Lockhart asked when we got the poles fixed.
Mr. Ambrose replied that it was just recently.
Cm. Oravetz asked if other groups can come and ask to waive fees?
Mr. Ambrose advised that the City Council sets the policy.
On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the
Council waived the banner installation fee for the Dublin Chamber of Commerce for
their 2001 Business hire.
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ART IN THE PARK PROJECTS FOR SHANNON PARK,
EMERALD GLEN PARK & THE DUBLIN RANCH PHASE I NEIGHBORHOOD PARK
7:25 p.m. 5.2 (900-50)
Parks & Community Services Director Diane Lowart presented the Staff Report and
advised that correspondence has been received from the Dublin Fine Arts Foundation
seeking City Council approval to proceed with commission for Art in the Park projects
for Shannon Park, Emerald Glen Park and the Dublin Ranch Phase I Neighborhood Park.
Ms. Lowart advised that for Shannon Park and the Dublin Ranch Phase I Neighborhood
Park projects, neighborhood selection committees would be assembled to select artists to
prepare design proposals and maquettes that would be appropriate for the parks. The
maquettes would be displayed in the Civic Center and following a public comment
period, a final artist and design would be selected by the committee for approval by the
Heritage & Cultural Arts Commission, Parks & Community Services Commission and City
Council.
Ms. Lowart explained that the process for Emerald Glen Park would differ somewhat.
The DFA Board proposes to select an artist to work with the City's design consultant for
EG Park, Phase II, to integrate art during the design phase.
The cost to the City should not exceed $42,500 and a request for funding will be
submitted as part of the FY 2001 ~02 Budget.
Vice Mayor Lockhart asked why Dolan Park was skipped. It seems to be the only park
that has not been considered and we are talking about parks that don't exist yet.
Ms. Lowart stated they want to make sure new parks get artwork from the get go. She
assured that Dolan Park is on the list and has not been forgotten.
On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council
approved the request of DFA to pursue projects for Shannon Park, Emerald Glen Park and
the neighborhood park in Dublin Ranch Phase I.
PUBLIC HEARING ~ COMMERCE ONE CORPORATE HEADQUARTERS
PLANNED DEVELOPMENT REZONE/STAGE 1 & 2 DEVELOPMENT PLAN PA 00~015
· 7:29 p.m. 6.1 (450-30)
Mayor Houston opened the public hearing.
Community Development Director Eddie Peabody presented the Staff Report and advised
that this item is for Council consideration of an Ordinance approving a Ranned
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Development Rezone and Development Plan for a new office building complex located on
approximately 27.4 acres at the northwest corner of Hacienda Drive and I~ 580. The
project is comprised of four office buildings totaling 780,000 square feet.
Mr. Peabody discussed: Specific Plan/General Plan Issues; Planned Development
Rezoning and Stage 1 and 2 Development Hans Issues; Site Plan; Architectural Design;
Access, Parking, Loading and Circulation; Landscaping, Specific Architectural Elements
and Public Art; Signage; Parcel Map; Development Agreement; Other Approvals; and
Environmental Review~
Vice Mayor Lockhart stated when this was originally the PeopleSoft project, there was a
lot of discussion about the importance of art. A sculpture park would bring interest to
the area while people are waiting at the lights and would be something that is visually
friendly. She asked if there has been discussion with Commerce One?
Mr. Peabody stated they have talked to them and the opportunity at the intersection at the
entry exists for a linear area. There are a lot of opportunities where this idea can be
formulated.
Cm. Zika stated when they were in Anaheim they were taken around to look at some
high rise areas and how they disguised parking garages. He commented that they don't
seem to have done this here.
Mr. Peabody stated they have done quite a bit of architecture and the statement of the
garage blends very well with the buildings. This is a 5 story parking structure.
Peter Pervere, 4440 Rosewood, Pleasanton, stated he is the Chief Financial Officer from
Commerce One. They appreciate the time and effort spent by the City in taking a look at
their application. This is a tremendous project for his company. With the inclusion of
Commerce One, Cisco, Oracle and Sybase, Dublin will certainly become a high tech
center. The CEO of Commerce One was the founder of Sybase. This is really how the
Silicon Valley got started. Dublin will be a preeminent location for a high tech
community. They have about 1,500 employees in Pleasanton now and look forward to
moving to Dublin within the next 1 B to 18 months.
Brian Griggs stated he is in charge of worldwide real estate operations for Commerce
One. This is going to be a phenomenal project. He was involved with PeopleSoft when
they looked at this site years ago. They want to open this site up to have everyone in the
City to share. It will be very much of a statement. They propose and intend to have the
objective of addressing public art. They will be a good partner and good neighbor and
major employer in the City. The parking structure is very expensive because they don't
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want it to look like a parking structure. It will be aesthetically pleasing. Two architects,
John Marx and Bob Gianini were asked to be here.
Mayor Houston stated with regard to art, this is a big site and the advantage will be to do
something linear and take advantage of how big the property is.
John Marx, Principal with Form 4 Architects discussed the 3 different scales they used in
looking at the buildings and the advantage of the pinwheel affect. They paid a lot of
attention to the sense of human scale. The elevations of the garage, they tried to
incorporate building features. They took the grid of the building and the cylinder and
put it in the corners to give it some detail.
Cm. McCormick commented that the drawings were very beautiful but stated she noted
there were no cars. She questioned why they did not opt for 2 parking structures for
more aesthetic reasons.
Mr. Marx stated it was an economic decision.
Mr. Griggs stated they are about 30% above the requirement.
Cm. Oravetz asked if there will be some type of a berm as seen from the road.
Mr. Marx stated some cities encourage a berm and some ask them to do it another way.
There will be a hedge and this is felt to be more of an urban solution.
Cm. Zika stated the white is very stark in the model, but it doesn't look like it will be that
bright on the actual material.
Cm. Oravetz asked, since they have committed to public art, if they would be willing to
set up a commitment for education purposes and also to hiring Dublin residents.
Mr. Pervere stated this is the first request he has received. They did a lot for the school
district in Emeryville. They don't as yet have a charitable organization within the
company, but they are first and .foremost very focused on the local area. The City
Council should feel free to interact with their company in the meantime.
Vice Mayor Lockhart stated she felt a lot of their employees probably already live in this
area. She asked if they are expecting an influx of commuters?
Mr. Pervere responded yes; how they get to the facility will have to be seen. They are
relatively close to the BART station. For people coming from SF, the BART convenience
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will be used. In today's world, most people coming to work seem to get into a car. He
stated he could look at the statistics of how many people live in this area.
Mr. Peabody stated Staff has spoken with WHEELS with regard to the FlashPass Program.
This project has a circular mad which will make it fairly easy to have stops along the
way. He wasn't sure where bus pullouts would be located.
Vice Mayor Lockhart stated she wanted to make sure we don't drop the idea of bus
pullouts.
Cm. McCormick asked if his company has a ride sharing program.
Mr. PeNere stated yes, absolutely they would consider this; he thought they had one in
place.
Cm. McCormick asked if they have bike racks available?
The response was yes.
Mayor Houston closed the public hearing.
On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote,
the Council waived the reading, INTRODUCED the Ordinance, and scheduled the second
reading for the February 6th City Council meeting.
PUBLIC HEARING ~ PA 00~020
CONSIDERATION OF APPEAL OF PLANNING COMMISSION
APPROVAL OF SHAMROCK VILLAGE MARKETPLACE
MITIGATED NEGATIVE DECLARATION AND SITE DEVELOPMENT REVIEW
8:11 p.m. 6.2 (410~30)
Mayor Houston opened the public hearing.
Associate Planner Andy Byde presented the Staff Report and advised that this public
hearing is for the Council to consider an appeal filed by Mayor Houston regarding the
Planning Commission's approval of the Shamrock Village Site Development Review,
which consists of remodeling and adding 25,846 square feet of building area to the
existing Shamrock Village Shopping Center located at the corner of Amador Valley
Boulevard and San Ramon Road The addition would result in the shopping center being
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anchored by a new 45,000 square foot grocery store. Ralph's plans to relocate from their
current location at 7193 Regional Street. Ralph's existing store is 25,000 square feet in
size and is located adjacent to Longs Drug Store.
The project site is located between Amador Valley Boulevard and Starward Drive, and
contains approximately 5.7 acres of land, which is owned and controlled by Doerken
Properties. Although MacFrugal's, Casa Orozco, Foster's Freeze and the emergency
medical care facility are located within the Shamrock Village Shopping Center, they are
on separate parcels which are owned and operated by separate owners and for that
reason, are not part of this application.
Mr. Byde advised that the project requires the following permit approvals: 1 ) a Mitigated
Negative Declaration to evaluate the environmental effects of the proposed project; and
2) a Site Development Review for the remodel and addition to the existing shopping
center including loading, parking and landscaping.
Mr. Byde showed several slides.
By a majority vote on December 12, 2000, the Hanning Commission approved the
project.
On December 21, 2000, Mayor Houston filed a written appeal of the Hanning
Commission's decision. When a member of the City Council files an appeal, it is
presumed that the reason for the appeal is that the appealed action has a significant and
material effect on the quality of life within the City of Dublin. DMC Section
8.136.040(B.2) was referenced.
Mr. Byde explained that under the City's Zoning Ordinance, the City Council may affirm,
affirm in part, or reverse the action of the Planning Commission, based upon findings of
fact. Findings shall identify the reasons for the action on the appeal, and verify the
compliance or nonNcompliance of the subject of the appeal with the provisions of the
Appeals Chapter of the Zoning Ordinance. The City Council may adopt additional
conditions of approval that address the specific subject of the appeal.
The City Council may continue this matter, but must take action within 75 days of the
date the appeal was filed (75 days from December 21st is March 6, 2001). Additionally,
because the appeal was filed by a member of the City Council, the Council may consider
any issue concerning the application.
Mr. Byde stated, in conclusion, Staff recommended that the City Council evaluate the
appeal and affirm the Planning Commission approval of December 12, 2000.
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Alternatively, the City Council may do the following: 1 ) affirm the Planning Commission
approval with modifications or additional conditions as directed by the City Council; or
2) reverse the Planning Commission decision, thereby denying the Site Development
Review. If the City Council selects options 1 or 2, the Council should indicate the reasons
for its action by a straw vote. Staff will then return at the following City Council meeting
with a Resolution for formal adoption.
Vice Mayor Lockhart asked how many tenants they are talking about having.
Mr. Byde stated he thought it would be a similar number to what exists now although
there is is still a lot of negotiating going on. They could have a lot of retail space versus
lesser amount of restaurants. It will be in the range of 10 to 15.
Mayor Houston asked about the out parcel that was referenced.
Mr. Byde stated it will most likely be a restaurant site. It is 2,800 square feet.
Mayor Houston stated the reason why he appealed this was we've been here before. We
had the Lucky store and one tenant relocating from one site and abandoned the center
and went across the street into another city and built a grand facility but still had control
of the property they left. Rite Aid, over where the Workbench was, was going to be the
same situation. When Rite Aid's application was being considered, he stated he started
getting lots of e-mails from all over and people said, yes, this happened in their areas too.
He is concerned for not only the good tenants in the center, but the Council must look
out for everybody. He has made constant inquiries over the last year about what will
happen with the old site. Ralph's will have control over the property for 25 more years.
They have skirted the issue. They say they don't own the property, but they control it.
We have too many examples of what can happen when you have a large national retailer
who is not based locally making decisions on a financial basis. This is the reason for his
appeal. He is asking the City Council to deny this application. He would love to work it
out to be a win-win situation to engage the actual property owner. Our hands are tied
and the only avenue we have is to put a stop to it. You study the area and provide
guidelines on what you want the City to look like in the future. He doesn't have
confidence that they can come up with something to satisfy the City Council at this time.
They need to look at what type of infrastructure and improvements can be made to the
property so a better tenant can come to Dublin. We don't need to sell ourselves short.
Things are happening all over Dublin and Ralph's needs to come forward and put up a
concrete program for a win-win situation.
Alan Lynch, a Representative of Shamrock Village Associates, who have owned the center
for the last 3 years, stated they've worked on a development plan since 1997. They want
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to develop a high quality neighborhood center. They feel they have met the goals without
any request for City assistance. They will bring a new look to downtown. Ralph's
current store is obsolete. He stated he recognizes the issues the Mayor has raised. There
are many factors which impact the Ralph's building. They are making a substantial
investment across the street and they want to support the quality of development. They
believe that redevelopment is critical. Ralph's parent company, Kroeger has a corporate
policy and they are not interested in being in the real property business. They do
however, have a lease commitment. Ralph's is prepared to restrict the uses to types as
approved for Emerald Glen in East Dublin. The use restrictions in that development are
appropriate for the tense of their site. Their primary goal is to make this project work.
They are prepared to do whatever they can to assist. They expect about 10 to 15 tenants.
Cm. Oravetz asked how many of the current tenants are scheduled for the new center.
The response was in order to accommodate a supermarket, there is really only one place
for a new building in the center. Their first goal in addressing tenants was to address
those who have long term leases. Once these have been addressed, they will look at new
tenants. There will be a significant increase in rents and they have encouraged the
tenants to sit down with them and discuss their future needs. They expect that World of
Shoes, Ghengis, and Round Table will be back.
Tim Syler, Real Estate Manager for Ralph's stated they are eager to build a new modern
full service grocery store in downtown Dublin. They have agreed to be subject to the
same as EG Village tenant restrictions. They have a strong directive to get the old site off
their books as soon as possible. They will institute a vigorous search for high intensity
retail activity and they are open to any ideas that will address the City Council and the
Mayor's concerns.
Cm. Zika asked the size of their existing store.
The response was it is about 28,000 square feet. They have an obligation to their
landlord that has about 4 or 5 years to run on the lease. They have to pay rent. Their
current requirement is up in 2004 or 2005. At that time, they can exercise another
option or the lease is terminated.
Cm. Oravetz asked if they would be willing to lease this to a Knob Hill or a Petrinis.
The response was no, they would not.
Cm. Oravetz stated we don't want to create another situation like the old Lucky site.
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Cm. Zika asked if R~alph's would be willing to put some money up to dress up the front of
the store before they lease it; say put in $200,000 to make the front more attractive?
The response was they agree the center needs work, but they could not commit to
$200,000 tonight.
Mr. Ambrose stated another tenant will want to have a say about what the building looks
like. Maybe they could put up some financial security for improvement of the building,
once it is leased. There would be a commitment for the modernization, once a tenant is
located.
Mr. Syler stated if it is a subtenant, any improvements would be negotiated between
Ralph's and a tenant. He could not commit to this tonight.
Cm. McCormick asked the Real Estate Broker, in today's market, how long it would take
to lease the property?
He responded if they were able to market a deliverable property, they would probably be
looking at 60 to 120 day marketing period to secure a commitment to be able to go
through real estate processes. It would take 60 to 120 days to come to terms with a
tenant. Every company works at a slightly different speed.
Cm. McCormick asked if it is possible to put up a bond for 120 days to make sure that
indeed the property moves within that time.
He stated there's a lot that has to occur - about 18 months to 2 years before they would
move across the street. This gives John a lot of lead time to market the space.
Mr. Lynch discussed their timing plans and conceptual plans. It will probably take them
7 or 8 months from demolition to get the center open. The wild card is when they can
start demolition. Construction could start anytime from summertime until next year.
The latest could probably be end of 2002 to open.
Mayor Houston stated one interesting thing he had heard was Kroeger's policy to not be
in the real estate business. Whoever leases it is probably not going to want to lease it for
2 years. They will most likely be in charge and have the authority working through the
broker to continue the terms of the lease for a subtenant. At some point in time, we need
to include the property owner in this. If you have until 2004 or 2005, the missing link is
the property owner. If we had a chance to educate the property owner with all that is
happening in Dublin, he would be doing handstands with the possibility of polishing off
their lease 18 months early. There needs to be a way to include them in the process.
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The response was they do not intent to be a real estate speculator. The expectation is they
will fire up John to find a new tenant with a 5 or 10 year term. They will find the best
high caliber tenant, package this up, and call the landlord once they have their
entitlements. They intent to find a replacement tenant.
Vice Mayor Lockhart stated she felt there still needs to be some discussion and contacts
made. Because we have discussed completing the downtown area can we initiate this
study and hold this over for 30 or 45 days until we can look at some answers so
everybody is on the same page when this is decided. She asked if initiating the study
would allow us to do this?
Mr. Ambrose stated the City Council must take an action no later than March 6th. To say
we will have any realistic output from a study could probably not happen by that date.
Vice Mayor Lockhart asked if this could be delayed to closer to March 6th, so they could
work with some of the players.
Mr. Ambrose stated the City Council could continue the matter.
Ms. Silver stated this is an appeal and the City Council is acting in a quasi~judicial
manner, so none of the Council can meet with the applicant.
Cm. Zika pointed out if the City Council denies it, they have to wait a year before they
can come back.
Ms. Silver stated the Ordinance allows the City Council to deny without prejudice and
they can then come back in less than a year.
The Real Estate Broker stated they are very interested in coming up with a solution. They
have a good rapport with Staff, but it would be very helpful to have specific consensus on
what they can do as a tenant in dealing with specifics. He would very much like to avoid
being caught up in the specific plan for downtown. They have volunteered to be open to
use restrictions. What happens architecturally and financially to the old building seems
to be what they're talking about. He suggested if the concern is the exterior and it is
brought up to a design that is acceptable, look at condition of having Ralph's commit to a
dollar figure. It would cost about $~35,000 to put on a new front. He suggested that we
look at conditioning Ralph's releasing the building for what it would cost to remodel and
put in a figure for improvements.
Mayor Houston questioned if, in order to open up the dialogue, they can deny without
prejudice tonight?
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Mr. Ambrose stated they could continue discussions with Staff, but the Council must keep
in mind Brown Act requirements.
Mayor Houston stated solutions cannot be done while the Council is in this state of
judicial mode.
If they did a sublease and agreement with a new tenant they would agree to spend the
money and Alan's idea might address upgrading the faGade, a new parking lot, etc.
Mr. Ambrose stated the City Council could continue this item tonight and provide
direction to Staff as well as to the Applicant.
Mayor Houston closed the public hearing.
Mayor Houston stated he would like to see one of two things. He cannot dictate to
Ralph's whether or not they are going to be in the real estate business. If they control this
for 25 years, they will probably not structure a deal for 10 years. We need to see how we
can get some hard dollars to improve the look of the center. Otherwise, we need to
engage the landlord now saying if they give up the building in 5 years, their entitlements
are here.
Vice Mayor Lockhart stated she felt this is a big decision that has to be mde by R~alph's.
Vice Mayor Lockhart made a motion to direct Staff to work with all 3 players regarding
disposition of the old Ralph's store, taking into consideration the discussions held this
evening of tenantship of the old store and continue for 60 days to allow Staff time to
make contacts and come back to the City Council with ultimate disposition of
commitment of Ralph's or landowner of what's going to happen. It will have to be no
later than March 6th. This motion received no second.
Mr. Ambrose commented that Ralph's could terminate their lease
On motion of Mayor Houston seconded by Cm. Oravetz, and by unanimous vote, the
Council continued this item to the next City Council meeting, and during this time,
Ralph's can figure out if they want to be in the real estate business or not be in the real
estate business. There should not be this grey area in between.
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RECESS
At 9:15 p.m., Mayor Houston called for a short recess. The Council meeting reconvened
at 9:22 p.m., with all Councilmembers present.
Mayor Houston announced that public hearing Item {3.3 would be moved to the end of
the Council meeting. Item 7.1 was heard next.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION
APPROVAL OF BLACK MOUNTAIN SITE DEVELOPMENT REVIEW FOR
CONSTRUCTION OF 7 SINGLE-FAMILY HOMES ON 7 EXISTING LOTS
RANGING IN SIZE FROM 11,{335 TO 21,942 SQUARE FEET CREATED
AS LOTS 1 AND 7-12 OF BLOCK 1 OF TRACT MAP 5073 PA 00-009
10:27 p.m. 6.3 (410N30)
Mayor Houston opened the public hearing.
Senior Planner Dennis Cartington presented the Staff Report. Residents of Brittany Lane
have filed an appeal of the December 12, 2000 decision by the Planning Commission to
approve a Site Development Review for the construction of 7 single-family homes on 7
existing lots created as lots 1 and 7-12 of Block 1 of Tract Map 5073. The lots are
located at 11299 Rolling Hills Drive and 11151, 11159, 11167, 11183 and 11191
Brittany Lane. The appeal was filed on six grounds:
1 ) Proposed housing should be lowered from proposed elevation to reflect an elevation
based on "Natural Grade", the contour of the ground surface that existed before the lots
were graded in 1985.
2) The height limit on these custom or modified homes should not exceed 25 feet if the
impacts to the views are to be properly minimized. Application of a residential exception
to height limits for sloping lots (Section 8.3{3.110.C.2 of the Zoning Ordinance) is
correct.
3) Staff and Planning Commission failed to preserve Tree 340 as required by Condition
of City Council Resolution No. 82~85 and by Section 5.{30.40(b) of the Heritage Tree
Ordinance and Section 8.04.020(F) of the Zoning Ordinance.
4) The failure to consider the City of Dublin Wildfire Management Plan requirement
that all open space areas shall have two points of access suitable for wildland fire access.
CITY COUNCIL MINUTES
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Failure of Staff and Hanning Commission to consider proper construction requirements
for buildings on lots adjacent to undeveloped land.
5) Appellants were not allowed to present issues and points for review of the Agenda
Statement.
G) Resolution of the Planning Commission and the City of Dublin approving PA 00~009
Black Mountain Development Site Development Review for 7 single~family homes on
existing lots on Brittany Lane is not consistent with the Heritage Tree Ordinance, Dublin
General Plan, Zoning Ordinance, City Council Resolution No. 82~85, and the City of
Dublin Wildfire Management Plan.
Mr. Cartington presented the background of the project. In August of 1985, the City
Council approved PA 85~035.5, Hatfield Development Corporation Investec, Inc., Tract
Maps 5072, 5073 and 5074. Lots 1 and 7-12 of Block 1 of Tract Map 5073 were not
built upon when the rest of the homes were built in 1985. City Council Resolution No.
82-85 set forth the conditions of approval for the three tract maps. Conditions 4 and 12
of that Resolution require that a SDR be processed for the development of these lots.
On May 22, 2000, Jeff Woods of Black Mountain Development applied for this SDtL The
project proposes seven 3,400 square foot semi-custom homes on existing lots ranging
between 11 ,G35 square feet and 21,942 square feet.
The proposed residences are located on existing single~family lots that were created in
conformity with the Single-Family Residential plan designation of the Dublin General
Plan. The proposed residences conform to all applicable development standards of the
R~I Zoning District.
Mr. Carrington discussed additional conditions of approval to Planning Commission
Resolution 00~71 proposed by Staff which relate to:
Storm Drain Easement on Lot 1.
Heritage Trees on Lot 1.
Perpetuation of Oak Grove/planting of additional oak trees.
Condition 39.
Condition 87.
Condition 10G.
Condition 112.
Cm. Zika asked if the houses will have to have sprinklers.
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Mr. Cartington stated yes, they have this requirement.
Cm. Zika asked, on the question of natural grade versus existing grade - once an
approved grading plan has been finalized, if this approved now becomes existing or
natural grade?
Ms. Silver stated you have to review the definition of natural grade before grading for
these houses. That established what is now the natural grade.
Cm. McCormick asked if we have another situation like this that has occurred in Dublin?
Mr. Carrington discussed the Ralph's site could be used as an example.
Mr. Ambrose stated this is a consistent definition. Once it is done, it becomes the natural
grade.
Ms. Silver stated the existing grade is the natural grade for legal purposes.
Cm. McCormick asked if there has ever been any fires in that area?
Jim Ferdinand stated not to his knowledge. You would not have to prune the trees until a
structure is built and they would then have to be maintained. As they stand today, they
are untouched.
11:00 p.m. David Bewley summarized their concerns. They have 4 main areas of
concern: 1 ) Height; 2) Tree preservation; 3) Fire regulations; and 4) CEQA. Condition
#40 was discussed.
A letter from Morgan King was delivered. January 1~, 2001Uoc:bewZey. OH TO: The
Dublin City Council RE.' Appeal of Dave Bewley, et seq. ReXarcheR a proposed
construction of a residence on the street where Mr. Bewley resides. The purpose of this
memorandum is to apprise the City of the current status of the proposed residential
development in connection w~th the Silvergate Highlands Homeowners'Association. 1.
The proper~y in question is within the jurischDlion of the SilverKate Homeowners
AssocialT~n and is subject to the provisions of the Covenants, Conch'lions ~ Restrictions
('CC&R~'9 applicable to that association. 2. Under the CC~le~ no alteration whatever of
any property subject to the jurischDlion of the AssociatiOn may be commenced without
prior approval of the plans by the Association. The Board of Directors passes on all
applications for approval,' 3. No application has been submitted to the Board of the
Association; 4. At the present t~)ne the Board is reviewinX and dral~inX new standards
for trees; ~. Pursuant to the CCaHe~, either the Association or any inch'vidual member
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has stanch~g to seek civil remedies to enforce the CC~R~, including injuncdve relief
Sign e d/A4. D. I0 ~g"
11:05 p.m. Mr. Bond spoke on tree preservation specific to tree #340. Protection versus
preservation was discussed. He stated this is about development; not preservation.
Dublin uses the same requirements as San Ramon, except as applied to Brittany Lane.
None of the grading definitions apply to Brittany Lane. Illegal grading placed a large
amount of soil above the roots of this tree and this is what damaged the tree so far. Tree
#344 was also discussed. There is no development agreement establishing development
rights to develop homes on this site. Consequences of allowing development was
discussed. He requested that the City change the resolution of approval and alignment of
homes so trees are preserved and the developer still gets some homes.
Cm. Oravetz clarified they have problems with lots 7 and 8. He asked Mr. Bewley if,
when they bought their home, they were aware that these lots would develop someday.
Mr. Bewley stated they were and he knew there were special provisions. These lots have
restrictions which create additional 25' buffer zones for these trees. These matters are
conditions of approval binding on the City and the developer. These trees were probably
here when we signed the Declaration of Independence. If the tree has a substantial
likelihood of dying, this is a material and significant change to the conditions.
11:20 p.m. Christina Bond 11822 Brittany Lane stated the developer attempts on lot 8 to
remove a major limb from tree #340. Many aspects of the Dublin Fire Code as it is being
applied is incomplete. It requests that all decks be removed or enclosed. Amend the
Wildfire Plan. The City is not legally bound to approve this development plan. How
important is it to preserve these heritage trees?
Cm. Zika asked about enclosing all decks. Why?
Ms. Bond referenced page 6 which talks about decks that project.
11:2G p.m. Applicant Jeff Woods, Principal with Black Mountain Development thanked
City Staff and stated it has been their wish to have the neighbors of Brittany Lane on his
team. All the questions can be addressed.
Cm. McCormick how much flexibility and reconfiguration plans they have for lots 7 and
8, so they don't intrude on the trees.
Mr. Woods responded that they were designed around the trees all along. They brought
an arborist in to address this.
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Cm. Oravetz asked if there is any way to build the house without cutting tree #340.
Mr. Woods stated there may be a way. It would be very difficult, but it could be done.
. Cm. Zika stated if the limb isn't cut, it doesn't comply with the fire code. The only way to
not cut the tree is to not put a structure within 100 feet.
Mr. Carrington stated this would eliminate building on lots 7, 8, 9 and 10.
Mr. Woods stated the minute he puts up one house on Brittany Lane, he is within 100
foot of that tree. He doesn't want to damage the tree and this tree is an asset to his
project.
Vice Mayor Lockhart asked if these trees will belong to the new homeowners.
Mr. Woods stated yes, and there will be rules that go along with them as part of the
conditions of approval and they will need to preserve them.
Vice Mayor Lockhart asked Jim Ferdinand to respond to the canyon and fire issue. Is
there any flexibility in that or what would be required if we wanted some flexibility.
Mr. Ferdinand stated when lots are developed they work with the City and developer to
minimize risks on the property. The Wildfire Management Plan is law. They would
make those homes meet the requirements of the plan. You create different patterns
around the homes based on surrounding vegetation, topography, slopes, etc. If the house
is allowed to be developed, they turn to the WMP for guidance. There are specific
requirements in the ordinance that have to be met. These homes will be sprinklered and
will meet all the requirements for construction and will have to develop their protected
area. The term enclosed refers to the floor. The WMP was written before the Heritage
Tree Ordinance.
When asked, Mr. Woods stated these homes will sell for somewhere in the $750,000
range, or as much as they can get. The market will determine this.
Cm. McCormick talked about the oak trees to be planted. Will these be protected?
Mr. Carrington advised that this was included as a recommendation from the arborist.
Mr. Woods stated they will have disclosure on how to take care of the trees.
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Cm. McCormick stated the arborist reports don't agree. We seem to be trying to see how
far we can multilitate the tree and keep it alive.
Mr. Gamboni stated he has the same concerns. We are looking at horizontal trunks and
we know these trees are not highly flammable. The retention of these major trunks are in
question; one on tree #340 and two on tree #544. They asked that limbs for removal be
marked so everyone could comment. There appears to be some area for negotiation to try
and retain the trunks that would cause the trees to decline over time. We want to retain
these larger limbs.
Cm. McCormick asked if we could mitigate with the Fire Department and allow the
houses to be built, would this preserve the tree?
Mr. Gamboni discussed removing boulders. There is not a way to reverse the impacts of
past grading, but stated he was not sure additional development would cause further
damage. There has already been so much grading that has occurred.
Mayor Houston asked if the limb/trunk on tree #340 is allowed to remain, can a home
be placed on the property?
Mr. Cartington stated it doesn't have any impact on the location of the house. Another
issue is the foliage of the limb needs to be addressed. If you have to trim the foliage to get
it up off the ground, then the limb dies. The subsidiary trunk has some foliage that might
impinge on part of the house. The house would probably have to be modified and pulled
back.
Mr. Woods gave some history on the tree. He stated they could pull the house up the hill,
but the neighbor across the street says it's now too high. He is caught in between and
looking for some direction.
Vice Mayor Lockhart asked if we can have an exception to the Fire Ordinance with
regard to heritage trees.
Ms. Silver stated she would have to look at this.
Cm. Zika requested that she also look at if we change the City liability in any way by
looking at an exception.
Mayor Houston stated if you wanted to make the case of this being two versus one tree, if
you define this as a trunk, you cannot prune it G' below. If the City Council wants to
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define this as a trunk, they can do this. It sounds like there is other problems with the
tree. We can change the elevation to deal with the tree.
Mr. Woods stated his insurance carrier has an issue on the 100' requirement. He has to
meet this in order to have his insurer insure him. The secondary limb is the one that
would require the house to have to be pulled up the hill.
Mayor Houston asked if there is a way to make this a common sense thing and make this
work.
Mr. Cartington stated we have to work with the issue of liability. The City Council could
decide that heritage trees should not be limbed up, but pruned for their own health. We
would need to look at how we handle the liability issue and what is the City's exposure in
this.
Mr. Woods stated the balance of the tree that is laying on the ground, how would you
approach this?
Ms. Silver requested for clarification purposes that the appellants materials which were
submitted to individual Councilmembers, should be included in the record.
RECESS
At 11:54 p.m., Mayor Houston called for a short recess. At 12:18 a.m., the City Council
meeting reconvened with all Councilmembers present.
Mr. Cartington stated Staff recommended continuing this public hearing to the February
20th City Council meeting to see if changes can be made to the Wildfire Management
Plan and to also address the liability issues.
Mayor Houston stated he would like to give more emphasis to saving the tree and less to
the height of the building/house.
Cm. McCormick stated she wants to save the tree and also asked about tree #344; if this
is a problem as well.
Mr. Carrington replied that all heritage trees would have to be treated the same.
Mr. Woods stated it has been a year now and he would like to move forward with this
project and deal with this one lot.
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Mr. Carrington stated there are 19 heritage trees all over this project and they impact
almost all the lots.
Mr. Ambrose stated the Council asked if an exception could be made to the WMI'. Staff
will have to go back and look at this whole document. If you look at the natural grade, it
appears to be 4' above the street.
Mayor Houston stated the flexibility needs to be in the height of the structure.
Mr. Ambrose clarified that City Council direction is they would provide flexibility on the
height of the home, but to look at ways to modify the WMP to take into consideration
heritage trees in proximity to the homes. Staff will bring back a resolution modifying the
previous resolution establishing the WMP.
Mayor Houston asked the arborist about the properties of the oak tree.
Mr. Gamboni stated they are not as flammable and there is not the amount of leaf fall
and bark underneath. There is a difference between the oak and eucalyptus.
Mr. Woods stated he was still confused with regard to where his project stands.
Mayor Houston clarified it is being put off until the February 20th meeting.
Mr. Woods stated we are spending a lot of time and effort raising the house, and the
neighbors don't want this raised. They will come back and still not be happy. The house
could go an additional 6' up the hill. It could be thinner and taller. He can meet all the
setbacks. Why change the Fire Ordinance when it won't make everyone happy?
Mr. Cartington stated they would have a challenge on each lot to figure out how and
where they could build a house.
Mayor Houston stated he would like to see a solution presented at the February 20th
meeting rather than further problems.
Mr. Woods stated Mr. Bewley suggested to him having some type of a heavy mitigation
plan that runs for 10 or 15 years with the property.
By Council consensus, Staff was directed to talk to the applicant regarding options, and
Staff can look at the 20 foot setback requirements.
The Council continued the public hearing to the February 20, 2001 City Council
meeting.
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NEW FESTIVAL AT EMERALD GLEN PARK
9:22 p.m. 7.1 (950-40)
Recreation Supervisor presented the Staff Report and advised that in November of last
year, Staff was directed to report back to the Council on the feasibility of sponsoring a
festival with a new theme at Emerald Glen Park in the Fall of 2001. It was suggested by
several Councilmembers to make the new festival more family oriented and geared
toward children.
Mr. McCreary discussed the Preliminary Event Goals; the Event Components; the Main
Attractions; the Children and Family Activities; Entertainment; Food and Beverages;
Community Enhancing Activities; Art and Craft Exhibitors; Parking and Transportation;
and Marketing.
Mter considerable brainstorming, Staff from the Parks & Community Services
Department developed a list of potential names, and the name, "Day on the Glen" was the
most popular.
Mr. McCreary stated since this is a new event, Staff recommends holding a one-day
festival for the first year, and recommended moving the date of the festival to
September 22, 2001 from 10 a.m. to 5 p.m. If the Council approves the concept of the
new festival, the next step would be for Staff to prepare a final event plan and layout.
Due to the other high priority goals already approved for the current Fiscal Year, there is
not enough Staff time available to plan another new event. Therefore, in order to begin
working on the event plan, layout and budget, the City would need to hire a part~time
employee as soon as possible. Staff proposes hiring a part~time, temporary, employee to
assist the Recreation Supervisor with the overall event management and planning.
Further, Staff proposes contracting for specialty services including sponsorship sales and
artist booth sales. Requests for Proposals would be prepared for the contracted services.
The RFP would be advertised locally, as well as distributed to members of the
International Festival and Events Association and other related industry organizations.
Although there would be only 8 months remaining until the event, Staff believes the new
festival could be successfully planned if the City were to hire a part~time Recreation
Specialist and contract for specialty services. Creating awareness about the festival
would be extremely important the first year. Therefore, the City would need to invest
ample resources into advertising, banners and other marketing materials.
Cm. Oravetz asked about choosing the band and stated he received a call from a Dublin
resident asking if he could submit some ideas about a blues band. In thinking back to the
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pasta festival, he stated he was one of many who passed out political information and he
feels this was a bad thing. He would like to see us not allow this in the future.
Cm. Zika complimented Mr. McCreary on the ideas presented.
Vice Mayor Lockhart stated she likes all of this.
On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council
approved the budget change form allocating $9,085 from Unappropriated Reserves to
hire a part~time, temporary, Recreation Specialist to assist with event planning for the
remainder of FY 2000~01; directed Staff to distribute Requests for Proposals for specialty
services including sponsorship sales and artist booth sales; and directed Staff to prepare a
final event plan and budget for consideration at a future meeting.
DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE
PROPOSED TRI~VALLEY 2002 ELECTRIC POWER CAPACITY INCREASE PROJECT
9:35 p.m. 8.1 (1020~40)
Senior Planner Carol Cirelli presented the Staff Report and advised that the California
Public Utilities Commission (CPUC) has released the DEIR for the Tri~Valley 2002
Electric Power Capacity Increase project for review and comment. The comment period
ends February 19, 2001.
As a result of Staffs preliminary review of the DEIR, Staff recommends that the City go on
record as strongly opposing the CPUC's chosen "environmentally superior project"
because it would impact the adopted land use plan and zoning for the Dublin Ranch
project within the Eastern Dublin Specific Plan area, and would create potential health
and safety, noise and aesthetic impacts within this planning area. Staffs preliminary
assessment shows that this project does not present the most significant environmental
benefit and is not the most feasible compared to the other project alternatives analyzed in
the DEIR.
Ms. Cirelli stated PG&E also strongly opposes the environmentally superior project
mainly for the following reasons: 1 ) undergrounding 9.2 miles of 230kV transmission
lines vs. 2.7 miles would delay PG&E's need to provide power by June of 2002 due to the
time it will take to engineer, manufacture and procure the lines to get the project built;
2) the proposed east Dublin substation would be too far south in the distribution link to
fully relieve San Ramon of its demand for electrical power; and 3) implementation of the
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PAGE 25
proposed project would involve greater costs, thus putting unnecessary burdens on
ratepayers.
Ms. Cirelli discussed the impacts to the City of Dublin and stated Staff, in consultation
with the City Attorney's Office, will be reviewing the DEIR and preparing a comment
letter that does not support the CPUC,s environmentally superior project, but supports
PG&E's preferred alternative as it presents the most significant environmental benefit and
is most feasible compared to the CPUC's environmentally superior project.
Cm. McCormick asked why CPUC discarded plan 1 ?
Ms. Cirelli stated they contacted the various cities and did not see this as the most
superior alternative. It had to do with a protest and a lot of public opposition from the
Pleasanton. They did not want the transmission line to go underground through their
community.
Mayor Houston asked if the issue of how much it would cost was discussed?
Ms. Cirelli stated this coincides with the feasibility of the project. She will be meeting
with PG&E staff in another week.
On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote,
the Council directed Staff to provide comments to the California Public Utilities
Commission on the DEIR.
WEST DUBLIN/PLEASANTON BART STATION AND TRANSIT VILLAGE PROJECT
DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT~
LETTER TO SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
9:42 p.m. 8.2 (1060-30)
Senior Planner Janet Harbin presented the Staff Report and advised that the California
Public Utilities Commission (CPUC) has released the DEIR for the Tri~Valley 2002
Electric Power Capacity Increase project for review and comment. The comment period
ends February 19, 2001. Staff will review the document and prepare comments for the
CPUC.
The SF BART District and Jones Lang LaSalle Project and Development Management are
proposing to develop a BART Station, transit village and associated parking facilities in
the City of Dublin on approximately 10 acres at the terminus of Golden Gate Drive. A 7~
acre parcel would be developed south of 1-580 with an office building adjacent to the
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station in the City of Pleasanton. The new station would be located in the median of I~
580, which is adjacent to the 1 O-acre Dublin property. The station would be accessed
from the newly constructed St. Patrick Way exit off I~680 by way of Golden Gate Drive.
Ms. Harbin advised that the proposal includes a 240Nroom hotel, 160 units of high~
density residential housing, and a 713 stall parking garage for BART patrons adjacent to
the pedestrian overcrossing connecting to the BART station. Development is planned to
commence in early 2001, and completion of the station and transit village is planned in
2003.
Ms. Harbin highlighted outstanding issues as discussed in the Staff Report.
Cm. Zika stated BART held a hearing here last week and it lasted 20 minutes. There were
2 comments, both regarding the City of Pleasanton. One comment was from a
homeowners association. He asked if they successfully resist the Las Positas interchange
will this impact the station?
Ms. Harbin stated they can make findings of overriding mitigations. They can say they
know there is this adverse impact.
Mayor Houston asked if we have any idea of who the operator of the hotel will be.
John Reynolds, with BART Real Estate stated they are working on prospects and he
clarified that they do want to be in the real estate business. Comments closed today
except for extension provided to the City of Dublin. Hopefully, the BART Board will take
action on the environmental document by next month and they will move through the
entitlement issues.
Mayor Houston asked about the name for the station.
Mr. Reynolds stated it will probably be some kind of Board action. First we've got to get
the station, then we can name it.
Mayor Houston stated this BART project is a key part of Dublin's downtown development
and also a key part of the Stoneridge area. We did a good job with the other station, and
we need to make sure the identity is there. Whether it is Dublin/Stoneridge station or
reversed order doesn't matter as long as it identifies where it is.
Cm. Zika stated if BART allows long term paid parking, what provision have they made to
prohibit overflow parking on adjacent areas?
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Mr. Reynolds stated they will have to work with the proposed private property and fact
that BART is going through strategic plan now relative to parking strategies, it is all in a
dynamic process right now and they are looking at all these issues.
On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the
Council authorized the Mayor to sign the letter and directed Staff to submit the final
letter to the BART District.
COMMITMENT TO ENERGY CONSERVATION
9:53 p.m. 8.3 (1020-50)
Administrative Analyst Jason Behrmann presented the Staff Report and advised that in
response to California's energy shortages, and prompted by the Governor and the League
of California Cities, the City of Dublin is being asked to certify that it will cut energy use
by 5% by January 16, 2001 and commit to meeting the Governor's long term energy
reduction goal of 7%.
Mr. Behrmann stated the Governor is primarily targeting state and local governments
and schools and universities to meet this goal. Dublin City Staff is proposing the
following actions:
1 ) Turn off all unnecessary lights and rely on natural light whenever possible.
2) Avoid using appliances such as space heater, microwaves and kitchen appliances.
3) Turn off all computers, monitors and peripheral equipment such as copiers, and faxes
at night and turn off or use powersave mode on all equipment whenever possible during
business hours.
4) Reduce fountain usage at the Civic Center and Shannon Center.
In addition to these immediate energy reduction measures, the City is also taking long~
term energy reduction steps. The Council recently approved the installation of Green
LED traffic signal modules throughout the City. Staff estimates that installing the green
LED's will reduce the energy usage for traffic signals by 40% and the City's total energy
usage by approximately 14%. All of the LED's will be installed prior to June 1,2001.
vice Mayor Lockhart asked if we had considered any kind of communitywide campaign
to.encourage businesses and residents to do something similar.
Mr. Behrmann stated we have not yet.
Vice Mayor Lockhart suggested working with the Chamber of Commerce with getting
the word out through their newsletter. We could also work with the schools and
business community.
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Mayor Houston stated he read that if you wash your windows, it will increase light
coming in by 7%.
Cm. McCormick asked if this includes Shannon Center and the gym if we have any
control over that.
Mr. Behrmann stated it will include all City properties.
Cm. McCormick stated she felt we may want to look at our fees for facility use.
Mayor Houston stated we need to look at building some power supplies we can count on.
He supports this.
On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous
vote, the Council adopted
RESOLUTION NO. 7 - 01
CERTIFYING THE CITY'S COMMITMENT
TO ENERGY CONSERVATION
ALAMEDA COUNTY JUVENILE HALL/EAST COUNTY GOVERNMENT CENTER
9:58 p.m. 8.4 (420-50/110~30)
City Manager Ambrose presented the Staff Report and advised that in December of 2000,
the Alameda County Board of Supervisors approved taking the initial steps to locate a
new Juvenile Justice Facility on property owned by Alameda County located between
Gleason Drive and Broder Boulevard. The Board of Supervisors also directed County Staff
to prepare a grant application to the California Board of Corrections for funding the
Juvenile Justice Facility and to continue developing a financing plan for the project.
Vice Mayor Lockhart commented that she agrees with doing ad hoc committee. With
regard to evaluating options to provide transportation, she stated she would want to
encourage them to consider adding the jail to rail program to the list. Maybe we could
also do a better job with transportation from Santa Rita getting them back to BART.
Cm. McCormick stated she found this to be one of the most anti-family proposals that she
has seen in a long time. The statistics are pretty sketchy. The majority come from
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Oakland and Hayward and to bring them out to the farthermost reaches of the people
that can help them is unconscionable for the Board of Supervisors to even consider this.
They need to go out and search some more. They did not put enough thought for the
children into this decision. She stated she is not willing to support anything the County
comes forward with until they resolve this.
Cm. Oravetz stated he has not heard anyone supportive of this. He questioned what good
talk will do.
Vice Mayor Lockhart stated she felt this is County land and it is zoned for government. It
is not family friendly and will not accomplish for the kids the needed support. This is a
tact we need to sit down and discuss with them. We need to take a rational and strong
approach in sitting down with the political people and talking. It's important to talk
about what's best for residents of Alameda County.
Cm. Zika stated he agreed with Cm. Oravetz that an ad hoc committee may not do
anything. They're trying to get funding lined up. If all the County understands is dollars
and cents, maybe we could get some of the other areas that will have to transport out
here to say what their costs will be getting witnesses and police out here.
Mr. Ambrose stated he got the impression that speed is the primary component. They
have done trenching on the San Leandro site. They have a lot of exposure if an
earthquake occurs. This was the primary message that he heard when he met with the
County CAO.
Cm. Zika stated he felt other sites may be available that aren't currently owned by the
County, such as the old Oakland Army Base.
Mayor Houston stated in the past we have been very familiar with what the County
wants to put out there. We need to be involved.
Cm. McCormick and Vice Mayor Lockhart both expressed a willingness to serve on the
ad hoc committee.
Christie Waureckie stated she will be an east Dublin resident in about 3 weeks.
Regarding the Post Office, she has spoken to a lot of residents who are not getting their
mail until very late. She has had several conversations with her current post office
carrier who has delivered their mail for 10 years. He says everyone works overtime and
they have no one to deliver in east Dublin now. She stated she felt her entire street would
be willing to participate in talks. She talked with a planning person who told her a lot of
people being released from the jail are going to McDonalds. She asked if this information
CITY COUNCIL MINUTES
VOLUME 20
REGULAR MEETING
January 16, 2001
PAGE 30
is true. The transportation issue is of concern. They would like to see a City of Dublin
post office, not a branch of the Pleasanton post office.
Vice Mayor Lockhart stated most of the people released am trying to get back to the BART
station. The biggest issue we have is the County is supposed to be providing a shuttle
between the jail and the BART station. People get released 24 hours a day. We have met
with the Sheriff and his staff and we are trying to address this between his office, the City
and the bus service.
Ms. Waureckie stated they drive over to see the progress on their house everyday, and
have for the last 7 months. She clarified that she did not mean to imply that they're all
trouble.
Dave Bewley stated he concurred with what the prior speaker said. There is an impact
on our community and Dublin is doing its fair share. Alameda County needs to think
about the impacts. They should spread the risk.
On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council
directed Staff to monitor the County's actions on the Juvenile Hall and East County
Government Center, and appointed an ad~hoc committee of the Council, Cm.
McCormick and Vice Mayor Lockhart, to meet with representatives from the County
Board of Supervisors to discuss the use of the Santa Rita property.
OTHER BUSINESS
12:32 a.m.
Cm. McCormick reported that there will be a walk for Ilene Misheloff on January 30th
from Wells Middle School to St. Raymond's. Maddie Misheloff asked her to 'remind
everyone. It has been 12 years since Ilene disappeared.
Cm. Zika advised that he had attended the U. S. Fish & Wildlife conference. They hired a
private contractor and their analysis says they relied primarily on telephone interviews.
They didn't talk to the City, the County, or the landowners. This is the worse piece of
analysis he has ever seen in his life.
CITY COUNCIL MINUTES
VOLUME 20
REGULAR MEETING
January 16, 2001
PAGE 31
Vice Mayor Lockhart advised that there is one Claude Hutchinson political sign left near
Jack in the Box on Village Parkway. She requested that Staff remove it.
Vice Mayor Lockhart asked when the new Village Parkway traffic signal lights will go on.
Mr. Thompson stated he would check on this; he thought it should be pretty quick.
Vice Mayor Lockhart reported that she got some pictures and complaints about the
Goodwill Store. It is a difficult situation. The furniture store across the street is the same
- way. They have furniture all over outside in the parking lot. She requested that Staff
take a look at this.
Mayor Houston discussed the request by CTV30 to do a live City Council call in show.
They've suggested as potential dates February 2 7th or March 5th.
He stated February 27th doesn't work for him.
Following discussion, it was determined that March 5th works for everyone except Cm.
McCormick who will be out of town.
Staff was directed to contact CTV30 to advise of this date.
ADJOURNMENT
11.1
There being no further business to come before the Council, the meeting was adjourned
at 12:39 a.m.
ATrEST:
City Clerk
CITY COUNCIL MINUTES
VOLUME 20
REGULAR MEETING
January 16, 2001
PAGE 32
Mayor