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HomeMy WebLinkAboutItem 4.01 Draft 12-06-2005 CC Min e MINUTES OF THE Crn' COUNCIL OF THE Crn' OF DUBLIN REGULAR MEETING - DECEMBER 6. 2005 CWSED SESSION A closed session was held at 6:00 p.m., regarding: I. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager .... A regular meeting of the Dublin City Council was held on Tuesday, December 6, 2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 p.m., by Mayor Lockhart. +. e ROLL CALL . o PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no action taken during Closed Session. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 438 www.ci.dublin.ca.us Lt, 1 . e ORAL COMMUNICATIONS Introduction of New Employees: Swathi Bored&, Assistant Planner; and Caroline Soto, Secretary to the City Mana~er/Deputy City Clerk 7:03 p.m. 3.1 (700-10) Community Development Director introduced new Assistant Planner, Swathi Boreda.. City Manager Richard Ambrose introduced new Secretary to the City Manager/Deputy City Clerk Caroline Soto. The Council welcomed Ms. Boreda and Ms. Soto to the City of Dublin Staff. ...... Appointment to Alameda. County Mosquito Abatement District 7:07 p.m. 3.2 (l00-30) City Clerk Fawn Holman presented the Staff Report and advised that the City had e received a letter from the Alameda County Mosquito Abatement District advising that Dublin Trustee Dr. James Kohnen's term would expire January 2, 2006, and requesting that Dr. Kohnen be re-appointed to serve another two-year term. On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 214 - 05 MAKING AN APPOINTMENT TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES And directed the City Clerk to forward a certified copy of the Resolution to the Mosquito Abatement District. . DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 439 www.ci.dublin.ca.us . e Selection of Vice Mayor 7:09 p.m. 3.3 (610-20) e e Mayor Lockhart stated that it was the City Council's policy to select, at the first meeting of December of each year, a member of the City Council to serve as Vice .Mayor for a period of one year. Mayor Lockhart thanked Cm. Zika for his excellent service as Vice Mayor for the past two years, and recommended the appointment of Cm. Oravetz to serve as Vice Mayor for the next year, effective immediately. On motion of Cm. McCormick, seconded by Cm. Hildenbrand, and by unanimous vote, Cm. Oravetz was selected to serve as Vice Mayor for the next year. . Public Comments 7:11 p.m. 3.4 Tim Sbranti, Dublin resident and Dublin High teacher, reported on a School Board initiative regarding building a community of character in Dublin. The Committee, which included Mayor Lockhart and Cm. Hildenbrand, created a survey for Dublin residents, and a link had been put on the City's website, wwvv.ci.dublin.ca.us. The Council and community were encouraged to fill out the survey, which would help determine what values Dublin residents wanted to be promoted within the community. The program would link the efforts of the School District with the character programs promoted by the City, as well as businesses and non-profit organizations. After the survey data was compiled, the Committee would return to the City with a concrete proposal of how they hoped the City would financially participate in the program. . CONSENT CALENDAR 7:15 p.m. Items 4.1 through 4.7 Mayor Lockhart pulled Item 4.2 for discussion. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 440 www.ci.dublin.ca.us On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the _ Council took the following actions: . Approved (4.1) Minutes of Special Meeting of November 15, 2005, Regular Meeting of November 15,2005, and Special Meeting of November 18,2005; Adopted (4.3 720-40) RESOLUTION NO. 215 - 05 AMENDING THE BENEFIT PLAN Adopted (4.4 360~20) RESOLUTION NO. 216- 05 ORDERING THE ANNEXATION OF DUBLIN RANCH AREAS B, C, F & H TO THE DUBLIN RANCH STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 Adopted (4.5 600-35) RESOLUTION NO.2 17 ~ 05 e AWARDING CONTRACT NO. 05-07, UNDERGROUNDING OF UTILITIES AT THE INTERSECTION OF DUBLIN BOULEVARD AND DOUGHERTY ROAD, TO TENNYSON ELECTRIC, INC. and approved additional appropriation in the amount of $218,087 from New Revenues; Adopted (4.6 600-30) RESOLUTION NO. 218 - 05 APPROVING AN AGREEMENT WITH ENGEO, INCORPORATED, FOR GEOTECHNICAL ENGINEERING SERVICES FOR THE SHANNON COMMUNITY CENTER Approved (4.7 300-40) the Warrant Register in the amount of $6,704,765.01. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 441 www.ci.dublin.ca.us e e e e Mayor Lockhart advised that she had pulled Item 4.2 (600-35), Acceptance of Work - Dolan Park Playground Renovation, Contract No. 05-10, because she had received comments of concern from park neighbors about the color of the playground equipment and asked about the public comment process. Parks & Facilities Development Coordinator Rosemary Alex reviewed past practice of selecting playground equipment and advised that input from professional Staff and the playground manufacturer was used in the selection of color combinations. Alamo Creek and Stagecoach Parks were currently in the works, and Staff could solicit more community input in the process, if the Council desired. Mayor Lockhart stated that the neighbors should be given the opportunity to comment since they lived near the park. Ms. Alex advised that Staff would move forward with that on future projects. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote, the Council RESOLUTION NO. 219 - 05 ACCEPTING IMPROVEMENTS TO DOLAN PARK, CONTRACT NO. 05-10 . WRITIEN COMMUNICATIONS - None . PUBUC HEARINGS Public Hearing City of Dublin Zoning Ordinance Amendment - Amendment to Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.76, Off-Street Parking and Loading Regulations; Chapter 8.100, Conditional Use Permit, and Enact Chapter 8.87, Garage Conversion of the Dublin Zoning Ordinance, PA 03-002 7:19 p.m. 6.1 (430-20) DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 442 www.ci.dublin.ca.us Mayor Lockhart opened the public hearing. e Associate Planner Linda Ajello presented the Staff Report and advised that this was the second reading of two Ordinances, the first of which would repeal Ordinance No. 4-03, which established a conditional use permit process for garage conversions. The second Ordinance would create a new ministerial process for garage conversions based on performance standards. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Vm. Oravetz and by majority vote (Cm. Zika opposed), the Council waived the readings and adopted ORDINANCE NO. 30 - 05 REPEALING ORDINANCE NO. 4-03 RELATING TO GARAGE CONVERSIONS and ORDINANCE NO. 31 - 05 e ENACTING CHAPTER 8.78 OF THE DUBLIN MUNICIPAL CODE, RELATING TO GARAGE CONVERSIONS, AND AMENDING DUBLIN MUNICIPAL CODE SECTIONS 8.12.050, 8.76.070, 8.76.080 AND 8.100.060 . Public Hearing Fallon Village (formerly EDPO) Final Supplemental Environmental Impact Report, General Plan and Specific Plan Amendments, PO Rezone With related Stage 1 Development Plan for the Overall Fallon Village Project, Stage 2 Development Plan for the Northerly 488 Acres of Fallon Village Owned/Controlled by Braddock & Logan, and Development Agreement Between City of Dublin and Dublin RE Investors (Braddock & Logan), P A 04-040 7:21 p.m. 6.2 (600-60/420-30) DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 443 www.ci.dublin.ca.us e e Mayor Lockhart opened the public hearing. Associate Planner Jeff Baker presented the Staff Report and advised that the City Council would consider a request to certify the Final Supplemental Environmental Impact Report (EIR), and approve a General Plan and Specific Plan Amendment and a Stage 1 Planned Development (PD) Rezone to allow construction of 3,108 residential units and 2,503,175 square feet of non -residential development for the overall Fallon Village project. Additionally, the City Council would consider approving a request for a Stage 2 PO Rezone and a Development Agreement for the northerly 488 acres of land owned/ controlled by Braddock and Logan. The proposed project, formerly known as the East Dublin Property Owners (or EDPO), is located east of Fallon Road and the Dublin Ranch project, west and southwest of the City Limits boundary with unincorporated Alameda County, and north of 1-580. Planning Consultant Jerry Haag reviewed the Final Supplemental Environmental Impact Report (FSEIR), which supplemented both the 1993 EIR and the 2002 CEQA documents. The FSEIR addressed new or significant impacts than were addressed in the two previous documents. The analysis addressed new or more significant impacts in the areas of traffic and transportation, biology, soils, cultural resources, noise, air quality and hazards. e em. McCormick asked about the Fallon ranch house, which was built circa 1870 and was historically significant. Mr. Haag advised that the Draft EIR recommended that the ranch house be preserved; however, since publication of the report,. the Applicant had determined that it was infeasible to preserve the building, so that impact had to be changed to significant and unavoidable. The Applicant was urged to contact experience persons to study the feasibility of moving the building. Mayor Lockhart askedaoout the prehistoric evidence noted in the report. Mr. Haag advised that he did not know the details; however, mitigation was included in the documents that, if something was found, the contractors must stop work until a qualified archeologist could devise a preservation plan. Mr. Baker continued with the General Plan and Specific Plan Amendments portion of the Staff Report, as well as the Stage 1 Development Plan. The need for public art had been addressed and an errata sheet showing suggested modifications to two of the proposed DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 444 www.ci.dublin.ca.us e ordinances had been distributed to the Council and COples made available to the_ members of the public. .. Linda Gates, Landscape Architect for the Applicant, reviewed the components of the Stage 1 Design Guidelines as presented in the Staff Report and thanked Staff for their invaluable input into the document. The Applicant had settled on a Mediterranean agrarian theme to keep the area simple and classic. Planning Consultant Mike Porto reviewed the Stage 1 Development Standards, the Stage 2 Planning Development, and Stage 2 Architectural Standards portion of the Staff Report. Ms. Gates reviewed the Stage 2 Design Guidelines as presented in the Staff Report. Mr. Baker reviewed the Braddock & Logan Development Agreement, as well as the Vesting Tentative Map, as presented in the Staff Report. A unique aspect of this Development Agreement was the Community Benefit Payment in which the Developer agreed to pay $2.5 million. This would be paid on a per-unit basis prior to issuing building permits for each unit. The Developer also agreed to pay an additional $1 million in connection with the proposal to satisfy its affordable housing obligation, if the affordable housing agreement were approved by the Council at a later date. Mr. Baker reviewed the Vesting Tentative Map, which had been previously approved by .. the Planning Commission. Since the closure of the appeal period, residents of the Piper .. Glen Terrace community had raised concerns regarding the proximity of the upper loop road and its proximity to their property lines. The Vesting Tentative Map included a 26- foot landscape setback from the rear property line to the face of curb; however, the homeowners had requested a 75-foot buffer. The residents of that neighborhood had submitted a letter to the Council expressing their concern. If granted, this realignment would shift the road an additional 50 feet onto the Jordan property. A letter from Braddock and Logan had also been submitted to the Council expressing their willingness to work with the City to shift the road and increase the landscape buffer. Copies of these letters were made available to the public and would be incorporated into the official record. Should the Council decide that an additional landscape buffer be provided, Staff could be directed to modify the alignment of the road through the Final Map process. Jeff Lawrence, Braddock & Logan, advised that this was a long term project and commended Staff for an excellent job of working with the Applicants. Time was spent studying the feasibility of relocating the historic home, and it was determined to be unrelocatable as it did not sit on a foundation and had no structural. integrity in the DUBLIN CITY COllNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 445 www.ci.dublin.ca.us e e walls. Other options included placing historical artifacts associated with the home in the local historical museum for preservation. A photo record of the site could also be considered. He invited the City to visit the site and determine what items might be recorded and preserved. e Milton Righetti, Property Owner, advised that he had been part of this process for many years and commended Staff for their work associated with the project. He believed this was a good project, as is, and encouraged the Council to approve it as-is. Scott Ose, Dublin resident, reviewed the letter that he and his neighbors on Piper Glen Terrace had previously submitted to the Council in which they expressed concern regarding the proposed upper loop road and its proximity to their neighborhood. He commended Braddock & Logan and Greenbriar for listening to them and coming up with a compromise, in which the Developer offered to push the road back farther to the east, encroaching into the Greenbriar properties by another 25 feet. This would effectively double the footage they would have been presented with before the issue was raised. The majority of those neighbors whom he had been able to contact that day were in agreement with the compromise. He also understood the plan was to lower the grade of the road by four feet from the level of their backyards. The Developers had also indicated that extra trees and landscaping would also be installed in the. buffer zone to create a sound barrier. If the Developers were willing to substantiate his understanding of their offer, he and his neighbors would willingly accept the approximate 51 feet that was being offered. He also asked that the speed limit on that street be kept to 25 miles per hour, as it had a downhill grade. One of the maps showed 6 lanes where the upper loop road connected with Fallon Road, and the City Engineer had mentioned that it might be possible to reduce that road to 4 lanes. He requested that street lighting be kept at low- wattage interior community lighting. He requested that the Council adopt these concerns into the approval of these plans as conditions. Bill Schaub, Planning Commission Chair, advised that the Planning Commission was concerned about the amount of industrial land use within the proposed project, and further concerned about the potential loss of industrial space if the industrial park land use was combined with the campus office land use. It would result in the loss of valuable small business opportunities. John Mueterra, Pleasanton resident, urged the Council to curb its enthusiasm for development, expressing concern about too much development, especially near the airport, as well as water and traffic issues. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 446 www.ci.dublin.ca.us e Patrick Constanza, Jr., representing Greenbriar Homes, Standard Pacific Homes and the _ Jordan Trustees, advised that, after studying the upper loop road issue, they were willing _ to move the right-of-way over, which currently had 26 feet of landscaping to get an additional buffer of landscaping. This was with the understanding that Braddock and Logan would put in the road as originally planned in the right-of-way. He submitted a diagram showing the proposal and asked that it be entered into the record. They were happy to be able to find an acceptable compromise with the neighbors. Mr. Lawrence advised that, based on the Piper Glen Terrace residents' request, Braddock & Logan was committed to the revised designs. He thanked the Jordan Trust, Greenbriar and Standard Pacific for making the commitment, too, in getting the adjustment made to accommodate the neighbors. They would be happy to install the additional landscaping and the reduction of the street elevation down to approximately 4 feet. Everyone's efforts in resolving this issue was appreciated. Mayor Lockhart closed the public hearing, and reserved the right to bring Applicants back for further questions, if necessary. Mayor Lockhart commended Mr. Ose, the Piper Glen Terrace neighbors and the Developers for the way they approached the issue with reasonable communications and expectations. It was very productive, and all involved should be commended. Mayor Lockhart expressed concern about the industrial area issue raised by Planning e Commissioner Schaub. This Council had been consistent about not only finding a place for new light industrial in the community, but to also make space for existing uses that needed to move into other parts of town. Uses allowed near the Airport Protection Plan area should be carefully considered for compatibility. Mr. Ose's traffic and lighting concerns would be addressed later in the process. Cm. Zika agreed with concerns regarding the loss of Light Industrial and recommended that the Campus Office designation be pulled away from those properties and made Light Industrial park. The Developers could come back later to try to justify the need for Campus Office. Cm. Hildenbrand agreed that the industrial area should be preserved, and stated that public art should also be incorporated into the project. Cm. McCormick expressed interest in the comment regarding the possibility of changing a roadway from six to four lanes. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 447 www.ci.dublin.ca.us e . City Engineer Mark Lander reviewed the road configurations, which were based on preliminary numbers, and advised that it now appeared feasible to reduce it back down from six to four lanes. He would not, however, commit to that right now as further study needed to be done. . Cm. McCormick recommended that the language on the errata sheet regarding public art be incorporated into the Ordinances. The Developer's suggestion to record the historic farm house and artifacts on the property for the Dublin Historical Preservation Association would be a great gift to Dublin. With all additions stated, she would be willing to support the project. Vm. Oravetz concurred with all stated by the other Councilmembers, and stated that he would like to make a motion, but would defer to the City Attorney for possible motion language. City Attorney Silver stated that there seemed to be a consensus with the Council and offered suggestions on where the Council might want to modify the recommendation shown in the Staff Report. The action to adopt the Resolution certifying the SEIR could remain unchanged. It appeared that there was a majority of the Council that would like to see the Industrial/Campus Office designation changed to Industrial. Alternative #5 in the SEIR showed 77 acres along the freeway as Industrial as opposed to Industrial/ Campus Office. If the Council desired, it could adopt the Resolution approving the General Plan and Specific Plan Amendments adopting the project as described in the SEIR with the Industrial alternative if the Council wanted all 77 acres or less to be Industrial. The Council discussed the map of Proposed Fallon Village Proposed General Plan Land Uses and concurred that the 61 + acres of Industrial Park/Campus Office should change to Industrial Park only. The General Commercial/Campus Office designation would remain unchanged. The Council and Staff discussed the movement and reduction of the height of the road, which could be dealt with through a motion using language suggested by the City Attorney. The Vesting Tentative Map, which showed the location of the road, had been previously approved by the Planning Commission. The letter from Braddock and Logan indicated that they were not opposed to submitting a Final Map that showed the road in the easterly location, provided that certain other things occurred. The motion that the Council might adopt would be to request Braddock and Logan to make that change to the DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 448 www.ci.dublin.ca.us e Final Map when they submit it. The errata sheet with suggested language regarding. public art to the Stage 1 PD Ordinance and Stage 2 PD could be added to each respective Ordinance for introduction, but would have to be referred back to the Planning Commission for approval. The Planning Commission would have the opportunity to consider and make a recommendation on the issue prior to the second reading of the Ordinances at the next Council meeting on December 20th. City Attorney Silver advised that she would need to review with Staff whether language would need to be included regarding the historical artifacts or whether it was already included. She asked the Council for time to prepare possible motion language based on Council direction. . RECESS 9:03 p.m. On motion of Mayor Lockhart, seconded by Cm. Zika and by unanimous vote, the Council continued the Public Hearing Item 6.2 until later in the meeting in order to allow the City Attorney the opportunity to prepare possible motion. The meeting reconvened at 9:18 p.m. with all Councilmembers present. . Mayor Lockhart advised that the Council would move on to Item 6.3. . Public Hearing Senior Center Facility Use Policy and Fee Schedule 9: 19 p.m. 6.3 (240-10) Mayor Lockhart opened the public hearing. Parks & Community Services Manager Paul McCreary presented the Staff Report and advised that the City Council will consider the proposed Facility Use Policy and Fee Schedule for the new Dublin Senior Center. If adopted, reservations for rental of the Senior Center would be accepted in January for spring rentals. No testimony was entered by any member of the public relative to this issue. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 449 www.ci.dublin.ca.us e . Mayor Lockhart closed the public hearing. Cm. Hildenbrand expressed concern about the short time available to actually have a function if the rental hours were only from 5:00 p.m. - 10:00 p.m., and suggested allowing rentals until midnight, at least until the Shannon Center re~ opened. Vm. Oravetz concurred and asked how late functions at Shannon Center were allowed. Mr. McCreary advised midnight. The Council discussed the need for extended hours and agreed that people should be sensitive to the senior housing neighbors as they arrived and departed. Mr. McCreary suggested closing the outdoor patio space next to the senior housing after a certain time and to allow the use of only the front patio space after that time. Council concurred with the suggestion, and agreed that the back patio should be closed at 10:00 p.m. The Council discussed the proposed fees and agreed that they were fair. e On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 220 - 05 ESTABLISHING A FACILITY USE POLICY AND RENTAL FEE SCHEDULE FOR THE DUBLIN SENIOR CENTER including modifications to the Facility Use Policy extending the use hours to midnight and closing the back parking lot patio at 10:00 p.m. . UNFINISHED BUSINESS Selection of the City Council/Commissions Workshop and Goals &; Objectives/ Budget Study Session Dates for the 2006-2007 Budget Process e 9:33 p.m. 7.1 000-80) DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 450 www.ci.dublin.ca.us City Manager Ambrose presented the Staff Report and advised that at its November 15,. Z005 meeting, the City Council requested that Staff return with additional dates for both the City Council/Commissions Workshop and Goals & Objectives/Budget Study Session for the 2006-2007 Budget process. The Council discussed the proposed dates and directed Staff to schedule the Council/Commissions Goals & Objectives Workshop on Saturday, February 4, 2006 at 9:00 a.m., and the Council Goals & Objectives/Budget Study Session on Wednesday, March 22, 2005 at 5:00 p.rn. . NEW BUSINESS Civic Center Workspace Programming Study - Architectural Services 9:36 p.m. 8.1 (600-30) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that, in October 2005, Staff solicited a Request for Proposal from seven architectural firms to complete the Civic Center Workspace Programming Study. MKThink, Interior Architects, demonstrated in their proposal and interview the" experience necessary to complete the project. The report will include Staff- recommendations on re-configuration of office space and expansion options along with costs of the Civic Center. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote, the City Council adopted RESOLUTION NO. 221 - 05 APPROVING AN AGREEMENT WITH MKTHINK FOR THE CIVIC CENTER WORKSPACE PROGRAMMING STUDY +". ." DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 451 www.ci.dublin.ca.us e e e e Continuation of Fallon Village Project 9:38 p.m. 6.2 (600-60/420-30) City Attorney Silver submitted the proposed motion to Vm. Oravetz, who had previously initiated a motion. Vm. Oravetz, with the assistance of City Attorney Silver, formulated the following motion: . a) Adopt Resolution certifying a Supplemental Environmental Impact Report for the Fallon Village Project; b) Adopt Resolution approving the General Plan and Eastern Dublin Specific Plan Amendments for the Fallon Village Project, including the deletion of the Industrial Park! Campus Office designation and the replacement of that designation with the Industrial Park designation and conforming changes to the Resolution in tables, figures and exhibits, the effect of which would be there would be 61.3 acres of Industrial land; c) Waive the reading and Introduce Ordinance approving a PD - Planned Development Rezone with Stage 1 Development Plan for Fallon Village with the elimination of the PO Office/Industrial designation throughout the document and replaced with PD-Industrial, removal of certain permitted and conditionally permitted uses currently listed which would no longer be appropriate because of the elimination of Campus Office. Mr. Baker reviewed potential impacts related to Motion #c to certain permitted and conditionally permitted uses by changing the designation to Industrial Park only. City Attorney advised that Motion #c should also include changing the maps, diagrams and the exhibits to conform to the changes that had been described by Mr. Baker. The Ordinance should also include, in Section 3, a new paragraph #14, related to Public Art, as specifically worded in the errata sheet. The last change to Motion #c should be to refer the Public Art condition to the Planning Commission for its report and recommendation, and to request the Planning Commission to report back to the Council by its December 20, 2005 meeting. Vm. Oravetz, with the assistance of City Attorney Silver, continued the motion with the following: DUBLIN CITY COUNCIL MIN1JTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 452 www.ci.dublin.ca.us Waive the reading and introduce the Ordinance approving a PD-Planning .A Development Rezone with Stage 2 Development Plan for the northerly 488 ., acres of Fallon Village owned or controlled by Braddock and Logan, including the addition to the PO Ordinance in Section 3 of new paragraph #10, Public Art, as specifiGally worded in the errata sheet. Ms. Silver advised that Motion #d should also include the referral of this Ordinance to the Planning Commission for its report and recommendation back to the Council prior to the Council's December 20th meeting. d) Vm. Oravetz continued the motion with the following: . e) Waive the reading and introduce the Ordinance approving a Development Agreement for the northerly 488 acres of Fallon Village owned and controlled by Braddock and Logan. City Attorney Silver advised that motion #e should also include requesting Braddock and Logan to show the loop road 25 feet to the southeast of the location shown on the Vesting Tentative Map and approximately +4 feet lower than the location of the loop road shown on the Vesting Tentative Map pursuant to the letter received from Braddock and Logan dated December 5, 2005. Mayor Lockhart asked if the drawing from Mr. Costanza should be referenced. e City Attorney Silver advised that, although it was basically the same, Staff preferred the more general language. Cm. McCormick seconded the motion for discussion, and asked if the motion should include language regarding the documentation of historical artifacts. City Attorney Silver advised that the Council's concerns were adequately addressed in Mitigation Measure SMCUL- 2. On motion of Vm. Oravetz, seconded by Cm. McCormick and by unanimous vote the Council adopted RESOLUTION NO. 222-05 DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 453 www.ci.dublin.ca.us e e e e CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, AND ADOPTING MITIGATION AND ALTERNATIVES FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM. FOR THE FALLON VILLAGE PROJECT PA 04-040 and PA 05-038 Adopted RESOL:uTION NO. 223-05 APPROVING GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS FOR THE FALLON VILLAGE PROJECT PA 04-040 including the deletion of the Industrial Park/Campus Office designation and the replacement of that designation with the Industrial Park designation and conforming changes to the Resolution in tables, figures and exhibits, the effect of which would be there would be 61.3 acres of Industrial land; and Waived the reading and introduced the Ordinance approving a PD - Planned Development Rezone with Stage 1 Development Plan for Fallon Village with the elimination of the PD Office/Industrial designation throughout the document and replaced with PD-Industrial; the removal of certain permitted and conditionally permitted uses currently listed which would no longer be appropriate because of the elimination of Campus Office; modifying affected maps, diagrams and the exhibits to conform to the changes that had been described by Staff; include, in Section 3, a new paragraph #14 to read as follows: "Stage 2 development plans for all development shall contain a requirement to either make a contribution for or provide public art in accordance with an ordinance or resolution requiring public art in effect at the time of the Stage 2 development approval or, if no such ordinance or resolution is in effect at the time of the approval of the Stage 2 development plan, as determined by the City Council;" and referred the Public Art condition to the Planning Commission for its report and recommendation and requested the Planning Commission to report back to the Council by its December 20, 2005 meeting; and Waived the reading and introduced the Ordinance approving a PD-Planning Development Rezone with Stage 2 Development Plan for the northerly 488 acres of Fallon Village owned or controlled by Braddock and Logan, including the addition, in Section 3, a new paragraph #10, Public Art, to read as follows: "In accordance with the Stage 1 Planned Development Plan, public art shall be provided in conjunction with the DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6, 2005 PAGE 454 www.ci.dublin.ca.us development. The design and final location of the public art shall be reviewed and approved in conjunction with the Site Development Review (SDR) for the project or any e portion thereof. The final design may be deferred until after SDR approval provided that the SDR approval contains conditions adequate to ensure that the design in completed and the public art in installed concurrent with a specified number of units;" and referred the Ordinance to the Planning Commission for its report and recommendation back to the Council by its December 20th meeting; and Waived the reading and introduced the Ordinance approving a Development Agreement for the northerly 488 acres of Fallon Village owned and controlled by Braddock and Logan, and requested that Braddock and Logan to show the loop road 25 feet to the southeast of the location shown on the Vesting Tentative Map and approximately +4 feet lower than the location of the loop road shown on the Vesting Tentative Map pursuant to the letter received from Braddock and Logan dated December 5, 2005. . OTHER BUSINESS 9:48 p.m. City Manager Ambrose advised that a draft funding agreement had been received for the ... West Dublin BART Station. - Vm. Oravetz advised that he and Mayor Lockhart had attended the LAVTA meeting yesterday. The visioning document would soon be complete and ready to share with the en tire Council. Cm. Hildenbrand commended the Heritage Center Staff for hosting a great holiday workshop. It provided a nice traditional feel in our community. Cm. McCormick advised that she had attended the Winter Concert at the Heritage Center, which was well done. She also attended an all-day workshop hosted by Stopwaste.org and distributed a recycling guide to each Councilmember. She suggested that Staff obtain more of the free guides and hand them out at the counter to customers and developers as a resource guide. . DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR ME,ETING December 6, 2005 PAGE 455 www.ci.dublin.ca.us e e ADJOURNMENT 11.1 e e There being no further business to come before the Council, the meeting was adjourned at 9:50 p.m. Mayor A TrEST: City Clerk ~ DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING December 6,2005 PAGE 456 www.ci.dublin.ca.us