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HomeMy WebLinkAboutItem 4.01(b) Draft CC 07-15-2003 MinA regular meeting of the Dublin City Council was held on Tuesday, July 15, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. CLOSED SESSION Mayor Lockhart advised that no action was taken in Closed Session. INTRODUCTION OF NEW EMPLOYEE 7:06 p.m. 3.1 (700~ 10) City Clerk Kay Keck introduced new employee, Gloria McCafferty, Senior Office Assistant in the City Manager/City Clerk's Office. PRESENTATION BY YOUTH ADVISORY COMMITIZE (YAC) 7:08 p.m. $.2 (150~70/950~80) Parks & Community Services Manager Paul McCreary advised that the outgoing YAC Members would make a presentation highlighting activities and accomplishments over the past year. CITY COUNCIL MINUTES VOLUME 22 gt~}? ~.5~. 20{}3 Recreation Coordinator Henry Siu introduced YAC members Kristen O'Neil and Laurel Smith, who did a PowerPoint presentation. Mayor Lockhart recognized and thanked Mimi's Cafd for providing over $1,000 of in~ kind donations to support the 2005 Dub Town Jam event. Mimi's has also supported a lot of other events in the community, and they are a good corporate citizen. Janet Westberg from Mimi's accepted a certificate of appreciation. Mayor Lockhart advised that Items 3.3 and 3.4 would be reversed, and the Council heard Item $.4 next. PRESENTATION OF THE CITY'S ONLINE ACTIVITY REGISTRATION SYSTEM 8:10 p.m. 3.3 (950-10) Parks & Community Services Manager Paul McCreary gave a presentation and explained that in 2002, the City Council adopted a high priority goal to investigate the feasibility of implementing an e-commerce project for City services. The presentation updated the Council on the project goals, success rate and future phases of the project related to Parks & Community Services. A live demonstration of the www. DublinRecGuide.com site was provided. The website allows customers to easily register for activities and search for facilities and parks online. Cm. Zika asked if there is any way Dublin Little League or soccer could hook up to this? Mr. McCreary stated we have a way on the City's website to partner in that way, but stated he wasn't sure on this site. He said he would look into this. Cm. Sbranti asked if there is a clear link on the City's website of how to get to the recreation guide? Assistant City Manager Joni pattillo stated while it is invisible to the customer, it is just a click away. It is listed on "What's New", so it is a smooth transition. CITY COUNCIL MINUTES VOLUME 22 PRESENTATION BY BART ON THE STATUS OF THE 1-580 CORRIDOR/BART TO LIVERMORE STUDY- PHASE 7:15 p.m. $.4 (10150~$0) Public Works Director Lee Thompson advised that the second phase of the 1-580 Corridor/BART to Livermore Study further defines rail and bus options for a rapid transit network in the Tri~Valley Area that could provide an alternative to freeway congestion. The service area being investigated extends from the Dublin/Pleasanton BART station east to Livermore and over the Altamont Pass, with potential linkages to Contra Costa County to the north via the 1-1580 corridor. The study, however, does not include information concerning environmental and land use impacts of the alternatives, thus it is premature to analyze the pros and cons of the alternatives. Staff felt that further analysis is necessary to determine its effects; for example, the environmental impacts of the Iron Horse Trail alignment and land use impacts of proposed rail stations in Dublin. Mr. Thompson introduced BART Staff Val Menotti, Manager of Alameda County Planning and Jeffrey Tumlin, Planner with Nelson/Nygaard Consulting Associates who presented the different preliminary alternatives being studied. Supervisor Scott Haggerty stated he believes we are at a critical time in this area. BART has put themselves in a situation where it costs $100,000,000 per mile. It would be great if they could build BART. He stated he felt there is not a huge benefit to Dublin in having the end of line station in Dublin. The DMU is an option they feel they can do. It is 54 miles of rail and they have several hundred million dollars set aside through MTC for new rail starts. Livermore has put aside about $40,000,000 in TIF money. There is $t55,000,000 toward this. This is real here because of the funding sources as well as in San Joaquin County and Contra Costa County. He felt Option 4 would be fantastic but he did not feel his 5 year old son would see this in his lifetime. Eastern Contra Costa County wants to build the same technology. They're already ordering environmental and working. They have the same funding sources as we have. This could put us at least 20 years behind them. He asked for support that all these options move to environmental. He discussed a recent trip to San Diego and his experience with watching light rail and EMU to Tijuana. Condos were for sale within 25 yards of these tracks for $1.15 and $1.7 million. It would be foolish to eliminate any of the options at this time. The City Council thanked everyone for the presentation. CITY COUNCIL MINUTES VOLUME 22 R~GC'LA~:~ MEETING ?AGZ 475 Cm. Oravetz asked where the track would end up in Livermore? The response was it would end in Tracy. Cm. Oravetz asked where on Vasco Road is the station? The response was on the west side of Vasco Road but this is something they would work out with the City through the environmental process. It would be right where the ACE station is. Cm. Oravetz stated he would urge Cm. Zika as the City's representative on MTC, to support this study to further it along. This is money well spent. Cm. Zika questioned the ridership counts and stated because it was not seamless, we have to reduce them 2 5%. He clarified that this has been done. He requested ridership data for various stations. Cm. Sbranti stated in looking at Option 2 light DMU through Dougherty Valley, questioned how come we can't do heavy DMU? The response was theoretically it would be possible, but the State PUC would probably frown on this. They have lots of street crossings. They could grade separate grade crossings, but this would add significant costs. Cm. Sbranti asked if EMU technology has been looked at. The response was it is feasible, but it adds pretty considerably to costs. Diesel technology is fairly new. In order to get a rail option that is fundable in this area, they really need to look closely at costs. The noises will be mainly whistles at grade crossings and some vibration. The environmental study will look at what mitigations they can do. Cm. Sbranti asked if with Option 2 the right of way is already secured? Theoretically there is ROW reserved. They would have to negotiate with the Federal Government and in Bollinger Canyon they would transition to the median. Vm. McCormick stated she was interested in the omission factors and asked if these have been studied elsewhere? CITY COUNCIL MINUTES VOLUME 22 REG ~d LA.}ql 5/~]E ET ~!?~G They will definitely need to look at this in more detail. They will look at the differences between tailpipe emission and this. Vm. McCormick talked about funding and asked if the other counties are participating in this study. Their funding comes from the State, so thus far they have not. Alameda County has set aside some funding for further environmental study. Outside this County, they would look to them to come up with capital dollars as well as for the study. They meet with the San Ramon City Council next week. Mayor Lockhart asked about a technical advisory committee and if they have one of these to work with the policy committee. They have met with city staff in all the key cities and felt they would be able to move forward. If they are able to move into the environmental stage, they will probably set up a TAC. Mayor Lockhart asked if there are any studies that say you can have a park and rail and trail with wildlife altogether. There are areas where all this has come together. San Ramon has some acute wildlife issues in their area. Mayor Lockhart advised that we have a lot of development planned on the north side of the freeway and they are having problems with different issues. Highest ridership, lowest cost was the focus of the study. Mayor Lockhart talked about station stops and parking issues. How often will there be station stops? They would place them at many more stops than with a BART option. Between Tassajara and Hacienda and another halfway between Tassajara and Fallon. Mayor Lockhart stated it seems like we need to work really hard to get a commitment from our neighboring counties. It is bigger than just Alameda County and it needs to serve more than just people coming to Livermore, Dublin and Pleasanton. An environmental review - she can't imagine that we won't at least keep the bus/rapid transit alternative alive. This would be particularly if the other counties aren't CITY COUNCIL MINUTES VOLUME 22 interested. We've seen on a small scale that it can work. This could be considered a friendly environmental option. Cm. Zika questioned the comment that ridership numbers don't change whether or not we have a West Dublin station. The Model assumed a West Dublin station. There would continue to be a parking problem if West Dublin isn't built. The main impact would be the level of development planned for West Dublin. Mr. Ambrose discussed commuters coming down from San Ramon who now use the East BART station. They would probably prefer to take a much more direct route if we build West Dublin. Their model assumed the West Dublin station would be built. Cm. Oravetz asked if there are any other stations planned for Dublin heading toward Contra Costa County. Camp Parks or somewhere along Dougherty Road. Dougherty Road north at Amador Valley Boulevard. Mayor Lockhart suggested they also include a statement that the Iron Horse Trail is not a priority routing. Cm. Sbranti suggested we say option 2 and 4 is preferred. Mayor Lockhart stated she would rather say what we don't support and that's the concept of using the Iron Horse Trail. Cm. Zika stated he would also like to see some commitment from neighbor agencies that they will do some development around these stations. We need that kind of a commitment. Mayor Lockhart stated she felt when doing the environmental study, we should focus on Dublin. The other issues will happen in their own time. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council agreed to support the concept of environmental review, but to go on record that we don't support the Iron Horse Trail for this project. CITY COUNCIL MINUTES VOLUME 22 8:21 p.m. John T. Collins, Sr., Allegheny Drive asked if any of the Council had read the information he presented related to safety and obstructed vision. Mayor Lockhart advised Mr. Collins that the City Council will not respond to questions on what they have or have not done. Mr. Collins stated they have taken an oath to uphold the constitution, so he questioned the City Attorney if this mean making laws. Mr. Collins asked if we in danger of losing funds for the trail. Mr. Collins asked when the second and third readings will take place for wide vehicles. City Manager Ambrose advised that the public hearing for the first reading of the Oversize Vehicle Ordinance is scheduled for August 5th. Mr. Collins asked how come San Mateo got such a cheap buy-in, when we've paid for BART for so many years. For 10 years he was a bus/bike/BART'er and it is a good system. CONSENT CALENDAR 8:25 p.m. Items 4.1 through 4.5 Cm. Zika removed Item 4.1, Minutes of July 1, 2003 meeting, and stated he will abstain since he was absent from that meeting. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of June 24, and Regular Meeting of July 1, 2003 (Cm. Zika abstained); CITY COUNCIL MINUTES VOLUME 22 ~_EG ~dLA-~-I: 5,'~.EET~NG Adopted (4.2 600~30) RESOLUT)ON NO. 151 -03 APPROV)NG A~gEND~IENT TO AGP~EEMENT W)TH HQE, )NC. FOP~ ENG~NEEFC~NG SEP~V~CES Authorized (4.3 600~40) the Mayor to execute Agreement for 2003-04 Services with the Alameda County Library (total contract cost ~ $439,018); Accepted (4.4 600~35) improvements under Contract 02~ 14, Civic Center HVAC Replacement, and authorized final payment to N. V. Heathorn, less retention to be paid in 35 days if no subcontractor or supplier claims are received; Approved (4.5 300 ~ 40) the Warrant Register in the amount of $1,679,618.32. PUBLIC HEARING - FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY FOUR (4) DEVELOPMENT AGREEMENTS 8:27 p.m. 6.1 (600~60) Mayor Lockhart opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report. This is the second reading of an Ordinance which would approve four (4) Development Agreements for the proposed development of 930 residential units, of which 587 would be affordable to very low, low and moderate income households, on approximately 25 acres of land designated for High Density Residential uses located within the Eastern Dublin Specific Plan area. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 22 PAGE 478 Vm. McCormick asked about the phrase "the City desires the timely, efficient, orderly and proper development of the Project, and City and Developer desire to facilitate development of the Project in accordance with and subject to the terms and conditions set forth herein." ... Then in another area it appears that this Agreement does not require the developer to develop within a certain period of time. City Attorney Elizabeth Silver stated the first language is in the recitals and this states mutual intent. A DA facilitates the ability of the developer to obtain financing if the rights approved by the City Council are vested for a certain period of time. Typically a DA does not require completion of a project by a certain date. In some of our DA's, we have included provisions related to the time public improvements must be completed and permits pulled. In this Agreement, the SDR remains for 5 years and after that it is no longer valid unless the developer has started. City Manager Richard Ambrose discussed standard provisions included in almost every DA. We encourage, and if they don't meet the timeline, the Agreement is dead. Ms. Silver explained that vesting rights in a DA is very important to get funding for a project. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 8- 03 APPROVING FOUR DEVELOPIttlENT AGRIEEMENTS FOR PA 03-010 FAIRWAY RANCH AFFORDABLE HOUSING COMmUNiTY A) Fairway Ranch El) Senior Housing Component C) Fairway Ranch tVtuRifamily Component D) Condominium Component PUBLIC HEARING CITY OF DUBI.IN ZONING ORDINANCE AMENDMENT PA O$~OgO 8:$13 p.m. 13.2 (450-20) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. This is the second reading of an Ordinance to amend various Chapters of the Dublin Municipal Code (Zoning Ordinance) including Chapter 8.12 - Zoning Districts and Permitted Use of Land; Chapter 8.134 - Home Occupations Regulations; Chapter 8.713 - CITY COUNCIL MINUTES VOLUME 22 Off-Street Parking and Loading Regulations; and Chapter 8.80 - Second Unit Regulations. The proposed Ordinance amendment includes revisions to the regulations for second dwelling units and the associated parking standards for the units based on recent changes in the State Law and home occupation regulations effective July 1,2003. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 9- 03 AMENDING CHAPTER 8.t2, ZONING D~STR~CTS AND PERM)TTED USES OF LAND; CHAPTER 8.64, HOME OCCUPATIONS; CHAPTER $.76, OFF-STREET PARKING AND LOADING REGULATIONS; AND CHAPTER 8.80, SECOND UNiT REGULATIONS, OF THE DUBLIN MUNiCiPAL CODE (ZONING ORDINANCE) PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 8:38 p.m. 6.3 ($60-50) Mayor Lockhart opened the public hearing. Administrative Analyst II Ginger Russell presented the Staff Report, and advised that Amy Roblyer & Start Smalley were present to answer any questions the Council may have. This assessment district funds the cost of maintenance and energy for the City's street lighting system, except for Dublin Ranch and Tract 7067. The assessment in this District is proposed to be $16.84 per single-family residential lot, which is the same as the 2002-03 assessment. This item would approve the levy of assessments for the 2003- 04 Fiscal Year. No testimony was entered by any member of the public relative to this issue. CITY COUNCIL MINUTES VOLUME 22 Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted REgOLUT~ON NO. J52 ~ 03 APPROVING ENGINEER'S REPORT, CONF~RM{NG DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR C~T~DE STREET L~GHT[NG MAINTENANCE ASSESSMENT D~STR~CT 83-~ PUBLIC HEARING LANDSCAPING & LIGHTING DISTRICT NO. 86-1 (VILLAGES ~ WILLOW CREEK) 8:40 p.m. 6.4 (360~20) Mayor Lockhart opened the public hearing. Administrative Analyst II Ginger Russell presented the Staff Report. This assessment district funds the cost of maintenance for landscaping improvements along portions of Dougherty Road and Amador Valley Boulevard and within the Villages ~ Willow Creek development. The assessment in this District is proposed to be $.7% higher than the 2002~05 assessment; this increase is allowable under the terms of the Engineer's Report that was approved in 2001. This item would approve the levy of assessments for the 2005~04 Fiscal Year.' No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. I~3- 03 APPROVING ENGINEER'S REPORT, CONF~RMtNG D~AGRA~I AND A$$ESSB~ENT, AND ORDERING LEVY OF A$SE$$~'IENT FOR LAND$CAPING& L~GHTING D~STR~CT NO. 86-'~ {VILLAGES AT W~LLOW CREEK} CITY COUNCIL MINUTES VOLUME 22 PUBLIC HEARING LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97~ 1 (SANTA RITA AREA) 8:43 p.m. 6.5 (360~20) Mayor Lockhart opened the public hearing. Administrative Analyst II Ginger Russell presented the Staff Report. This assessment district funds the cost of maintenance for landscaping improvements in the Santa Rita (Emerald Park) development area. The assessment in this District is proposed to be approximately 93% higher than the 2002-03 assessment; this increase is allowable under the terms of the Engineer's Report that was approved when the District was formed and is below the maximum allowable assessment. This item would approve the levy of assessments for the 2003-04 Fiscal Year. Cm. Sbranti questioned if the 93% increase is directly connected to the improvements along the trail. Ms. Russell responded it is partially, but the main increase is for additional landscaped areas. We have accepted a good bit of street landscaping along Dublin Boulevard at Sybase and Hacienda Crossings. Cm. Sbranti commented the assessment has been artificially low in past years. Ms. Russell discussed use of reserves in accordance with the law. The maximum allowable assessment is $710 per acre, and this can increase in accordance with the consumer index. We still have some Tassajara frontage and some for the Dublin Boulevard frontage that we have not yet accepted. Cm. Oravetz advised that he lives in one of the other districts and in this one the 93% increase would have gotten his attention. He asked ff Staff got any comments? Ms. Russell stated they received two telephone calls and they were more in the nature of asking questions rather than complaints. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 22 On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 154- 03 APPROVING ENGINEER'S REPORT, CONF~R~'~ING D~AGRA~ AND ASSESS~ENT, AND ORDERING LEVY OF ASSESS~ENT FOR LANDSCAPING [~A~NTENANCE ASSESS~ENT D~STR~CT 97-i (SANTA ~TA AREA) DUBHN ~CH S~T HGH~NG ~~N~CE ASS[SS~ DIS~CT NO. 99-] S:~9 p.m. G.G (360-20) Mayor ~c~a~ opened the public hearing. Administrative ~alyst II Ginger Russell presented the Staff RepoN. ~is assessment district funds the cost of energy and maintenance for s~eet lighting in Dublin ~nch and in the Clifden Parc (Tract 70¢7) development. ~e assessment in this District is proposed to be the same as the 2002~03 assessment. ~is item would approve the leW of assessments for the 2003-04 Fiscal Year. No testimony was entered by any member of the public relative to this issue. Mayor ~c~art closed the public hearNg. On motion of Cm. McCormick, seconded by Cm. Zi~, and by unanimous vote, the Co~cil adopted RESOLUTION NO. 155- 03 APPROW~G E~G~EER'S REPORT, CO~F~R~NG BIAG~B AND ASSESSf~]EN% A~D ORDERinG LE~,W OF ASSESS~E~t FOR DUBLIN ~NCH STREET L~GHti~G ~A~TE~A~CE ASSESS[~E~t D~STR~Ct NO. 99-1 CITY COUNCIL MINUTES VOLUME 22 LETI'ERS OF SUPPORT, REVITALIZATION EFFORTS & CITY FINANCIAL COMMITMENT TO THE CALIFORNIA TAX CREDIT ALLOCATION COMMITIZE (TCAC) ON BEHALF OF EDEN HOUSING, INC.'S SENIOR HOUSING PROJECT TO BE LOCATED ON A PORTION OF PROPERTY AT 7606 AMADOR VALLEY BOULEVARD 8:50 p.m. 7.1 (430-80) Housing Specialist Julia Abdala presented the Staff Report. This item relates to City Council consideration of providing Letters of Support, Revitalization Efforts and the City's financial contribution on behalf of Eden Housing for the development of affordable senior apartments on a portion of the site at 7606 Amador Valley Boulevard. The requested letter of support for the tax credit application commits the City to a loan not to exceed $2,248,248 of Affordable Housing In-Lieu Fee Funds toward the Senior Housing Project; $280,000 was previously committed to Eden Housing when the City Council approved the Predevelopment Loan Agreement. The $280,000 is included in the amount listed above. The amount expected to be needed from the City of Dublin in gap financing was previously $1,829,156. The commitment amount now being requested is an increase of $419,092. Mayor Lockhart asked if Eden Housing has approached the School District yet. A speaker who did not identify herself stated Dublin Unified School District staff referred them to the attorney's office, so they will be working with them. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council approved and authorized the Mayor to sign: 1) letter of support and financial commitment for Eden Housing; and 2) letter outlining revitalization efforts within the immediate neighborhoods of the proposed Senior Housing Project. AGREEMENT WITH THE TRI~VALLEY CONVENTION & VISITORS BUREAU (TVCVB) 8:55 p.m. 8.1 (600-30) Economic Development Director Chris Foss presented the Staff Report. The proposed agreement outlines the services provided by the TVCVB to the City of Dublin in return for the City's FY 2003-04 financial contribution of $62,231. CITY COUNCIL MINUTES VOLUME 22 The agreement formalizes the expectations of the TVCVB and addresses responsibilities in several areas, including financial record keeping and reporting, annual audits, and oversight responsibilities of the TVCVB Board of Directors. The agreement calls for the preparation of an annual Program Budget and detailed monthly financial reports, as well as an annual audit of the TVCVB's financial records. The agreement also provides for City representation on the TVCVB's Finance Committee to review the organization's finances. The City will disburse funding twice each year (July and January). Mayor Lockhart stated it was recently noted that San Ramon is interested in making a partial commitment. How does this affect the rest of the cities, if at all, and the businesses? What is the policy? Mr. Foss stated tomorrow morning they have their actual Board meeting and will discuss this. San Ramon has offered 4 7% of their required amount to be a member. The Board is concerned that there are 30+ business members of San Ramon and if the City goes out, these members are not allowed to be members any longer. They haVe worked on contingency plans for months. Some programs will not be funded to make up this deficit, as they knew this was an option. Section ~) of the agreement addresses how a city can terminate membership. The results of the Board meeting will be reported back to the City Council. We do have contingency funding in place as far as Dublin's membership. Amy Blaschka stated it basically amounts to a full time staff person, a couple less trade shows, all of their PR budget, some training and a little off the top everywhere. This is new territory for them to discuss. If they do not accept the reduced San Ramon amount, she assured the City of Dublin that their services will continue. The San Ramon business members will trickle out. This will affect everybody, but they will minimize the impacts as much as possible. Mr. Foss stated she did very well with the funding provided this past year. Mr. Ambrose stated the issue is one of equity for the cities. There was a formula set up based on hotel rooms. When San Ramon originally joined, our expenses did not go down. Mayor Lockhart stated this is disappointing for the region. Cm. Zika stated you can't keep jumping in and out. CITY COUNCIL MINUTES VOLUME 22 REG U LAR Cm. Sbranti discussed the possibility that maybe the makeup of the City Council in San Ramon could change and the new City Council in December coUld possibly look at the budget again. Is this an option worth entertaining? Ms. Blaschka stated this option was presented and will be discussed by the Board. She advised that she is not the one making the call. The cities have to come to some agreement insofar as what makes sense. Cm. Sbranti asked how many years the TVCVB operated without San Ramon. Mr. Ambrose stated he thought they had been in about 4 years. It originally started out as the Pleasanton Convention & Visitors Bureau in 1988. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council approved and authorized the City Manager to execute the agreement. UPDATE ON GENERAL PLAN AMENDMENT (GPA) STUDY FOR PROPOSED IKEA FURNITURE STORE ON UNDEVELOPED 27.4-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND HACIENDA DRIVE 9:07 p.m. 8.2 (420-30) Senior Planner Andy Byde presented the Staff Report, which updated the City Council on the progress of the GPA Study for the proposed IKEA Furniture Store. Staff requested direction as to the adequacy of the level of information for the proposed retail center. Staff has been evaluating the project and is nearly complete with the fiscal study and traffic study. Additionally, Staff is evaluating the site plan and the architecture of the proposed IKEA furniture store. Representatives from IKEA have stated they will submit the following discretionary permits: General Plan Amendment, Specific Plan Amendment, Planned Development Rezoning - Stage 1 and 2 Development Plan, Site Development Review and a Parcel Map. IKEA representatives have stated that a complete application should be submitted by the end of July, with anticipation that the project should be ready to bring before the Planning Commission and City Council by late fall, pending the completion of the environmental review process. Opus West will be developing the retail space as a ~qifestyle center", and is approximately 8 months to one year behind IKEA. CITY COUNCIL MINUTES VOLUME 22 Cm. Zika stated he was under the impression that we wanted this all at once. What assurance do we have that this will be developed in a timely manner? Mr. Byde replied at this point, there would not be any assurances beyond what's contained in the DA. Cm. Zika stated we've been burned before, so unless there is something in writing and some commitment, he cannot support this as we have no leverage. Mr. Ambrose discussed difficulties involved when Hacienda Crossings developed. Design decisions were made before tenants were identified, which resulted in plenty of friction. The hard part is it is difficult for the developer to say when tenants are available. The City's control is typically spelled out in the terms of the DA. Cm. Zika stated he felt we could end up with IKEA and nothing else. Mr. Ambrose stated it is dependent upon how we construct the DA. Mr. Byde advised that the current site plan they are reviewing for IKEA, all indications thus far is they have every market desire to recoup some costs and sell the retail portion. Cm. Oravetz asked when the traffic study will be ready. Mr. Byde stated it has been an exhaustive study. It should be released within the next month. Doug Greenholz, representing IKEA, stated they have been working very hard with staff over the last year as well as with OPUS to bring a project forward by July. They are applying for Stage 1 and 2 for the 27 acres. They started this process over a year ago and were encouraged by the reception they got from City officials and listened to desire to have other users on the site other than just IKEA. They hope to bring developments that will compliment Hacienda Crossings as well as IKEA. It is more the idea of higher scale boutique type tenants. They have spoken with a number of developers and they selected OPUS because of their track record and their ability to perform. Their project is straight forward, but OPUS needs to herd cats and they have to go through a more difficult process. IKEA would be purchasing the entire 27 acres but would be building on about 15 acres and have strong motivation to sell the remaining property as soon as possible as they will be carrying this on their books. They are very eager to kick this process off and anticipate being before the City Council in late fall. CITY COUNCIL MINUTES VOLUME 22 ~.i!'~? i. 5~ 2003 Cm. Oravetz asked how long the East Palo Alto store took. Mr. Greenholz advised that they started mid July of last year and are scheduled to open in August. Randy Ackerman, with OPUS, thanked the City for allowing them to talk about their project. They started working with Doug and are very excited about this project. This will build on what has happened in Dublin and will kick it up to the next level project. They have hired BCB Architects to do some design for them. Drawings were distributed and displayed. Who are the tenants going to be has been asked. They are talking to tenants that he felt the City will be excited about. It takes longer for them to do their thing because they w/il be working with multiple tenants and to put all the leases together. They know what they're doing in this respect. He is confident that as they move through the process, they anticipate they will be able to provide further information regarding the Site Development Review process in less time and they hope to have their portion built by summer of 2005. Vm. McCormick asked if they have selected a landscape architect yet, and stated she hopes they will look at public art. Mr. Ackerman stated they have not, but public art is so noted. Cm. Oravetz stated he really likes Walnut Creek and asked if they are going to model this after Walnut Creek? Mr. Ackerman replied Walnut Creek is lucky as there is a plaza system there already. Part of the challenge here will be to create that element. Here we have constraints of freeway, Hacienda, etc. However, once you come into the site, you will have IKEA on site. They will have 2 or $ restaurant sites which will be a draw to the center. Mayor Lockhart pointed out they will be close to the pedestrian center. Are there any opportunities for parking other than just flat paved parking? It is appealing to not have a sea of cars around you. Mr. Ackerman explained that they have tried to create quads of parking and they know they need to deal with this for landscaping. He stated the site plan displayed is very basic. Mayor Lockhart discussed the difficulties with the parking situation at Hacienda Crossings. There are no sidewalks and no safe feeling for pedestrians. CITY COUNCIL MINUTES VOLUME 22 R~TGVLAR Mr. Ambrose advised that the City Council will get the SDR for IKEA and a site plan as well as some written standards and guidelines, but you won't see the actual elevations for the retail center. Cm. Sbranti commented he thought when they get the IKEA proposal, the detail of the other center will be pretty much like what was shown tonight. Mr. Ambrose clarified they won't see the architecture of the buildings. Cm. Zika asked how critical is it that you get off Digital Drive onto this street? Also, with regard to the lifestyle center, there won't be things like cleaners, beauty salons, etc.? Cm. Sbranti asked what is your threshold for what is accepted? Mr. Ackerman stated the tenants will be like Z Gallery, Ann Taylor Loft, 'Williams Sonoma, Pottery Barn. These are the types of tenants that will pay to be here. Restaurants will be sit down successful type operations. They have told architect to design a theme, but tenant identity must fit within the theme. This is a challenge. Mayor Lockhart asked if they could provide a better example or picture of landscaping and how it interfaces with the roads around it and the businesses next to it, where sidewalks would be, and how the streets would lay out? She stated the Council needs to have a basic understanding of how things relate to each other there, where they will put public art, how people will get from point a to point b. Mr. Ackerman stated they just want to make sure they are in the same place and work with Doug and refine and move forward. Mayor Lockhart stated they want to know how it works together, both sites. Interfacing of the two projects and how this works with surrounding businesses are important. Cm. Sbranti asked if in late fall, when the IKEA project comes forward, will you be able to identify 5 or 6 tenants? Mr. Ackerman stated they hope to be able to do this. They are doing letters of intent and hope to then enter into leases. Cm. Sbranti stated he felt this is an important component. The better idea the City has, it helps the City Council to understand. CITY COUNCIL MINUTES VOLUME 22 Vm. McCormick stated she is interested in seeing the architectural design style. This would be good for the City Council to see this. Mr. Byde stated as part of the stage 2, there will be more detail. The whole theme thing will be presented, materials used, etc. Vm. McCormick stated she was concerned that they haven't even seen or approved the project, and here they are talking about trees, sidewalks, etc. Cm. Sbranti stated he sees this lifestyle center as being a destination in itself, and asked if the traffic study takes this into consideration? Mr. Byde replied it does and it evaluates all the openings and fixed points, restaurant versus retail space, etc. Cm. Sbranti asked if the lifestyle center is a component of the project. If the State Legislature changes some of their tax assumptions, there may be components we have to re-examine as part of the fiscal analysis. Mr. Ambrose stated the issue is the rules of the game may or may not change. We have to move forward. Cm. Sbranti stated he would like to see some kind of analysis at the time this project comes before the City Council. Mr. Ambrose stated all California cities are in the same boat. Do we stop business because of the State? The concern of OPUS is as they move through this process and more and more of what they want to see is presented and then they start to critique their project very finely before it is a SDR package, could IKEA get delayed based on their project? Mayor Lockhart stated the concern is to move both forward and to make sure we're all on the same page with regard to what's going to go on that site. This is valuable land and a great location and both sites can develop and be something we are all proud of. Mr. Greenholz stated this is why they wanted to have a Stage 1 and 2, but without the fine detail level of a SDR. The City Council clarified that it wants more detail, but not to the level of a SDR. CITY COUNCIL MINUTES VOLUME 22 Cm. Zika stated he wants assurance that it will be developed within a reasonable amount of time. To the extent feasible, the Council requested that they identify some of the tenants. HNANCIAL REQUEST FROM AMERICA SUPPORTING AMERICANS (ASA) COMMIITEE FOR ASSISTANCE WITH AIR_FARE FOR MEMBERS OF THE CITY'S ADOFI'ED MILITARY UNIT TO PARTICIPATE IN THE ~WELCOME HOME" CELEBRATION SCHEDULED FOR AUGUST 16, 2003 10:01 p.m. 8.3 (150-85) Assistant City Manager Joni Patfillo presented the Staff Report and advised that at the July 1, 2003 City Council meeting, ASA Committee Representative Sue Flores asked that the Council agendize for future consideration, a request to provide additional financial assistance to help with airfare for 2 - 4 representatives from the City's adopted military unit, Delta Company of the 2nd Battalion of the 502nd Infantry, to participate in the Welcome Home Parade and BBQ on August 1 ¢th in Livermore. ASA is requesting $1 ¢300 to purchase 4 airline tickets. Ms. Pattillo advised that if the Council approves this request, a Budget Change would be necessary to allocate funds to the City Council's Community Promotion account from the General Fund Unallocated Reserves. Sue Flores stated a lot of the details are being refined. They met with Livermore and Fleasanton representatives yesterday. Part of the problem is, most of our unit is in Iraq right now. One soldier was wounded and is back in Fort Campbell, and he would be riding in the parade and take part in the ceremony. There will be an air flyover and a 21 gun salute. Nashville is the closest airport to Fort Campbell, KY. Our representatives would be flying in on August 15th. Hacienda Business Park has expressed a desire to help with funding in a general way. Operation MOM is a non~profit group and anything that Dublin raises will be segregated and go into our own account. She stated the Mayor is helping to work on room reservations. Mayor Lockhart asked how soon we will know how many are coming? Ms. Flores replied right now, we know one, and we may have a couple of the wives come as representatives. CITY COUNCIL MINUTES VOLUME 22 R:EG~{!LAR MEET~NG Mayor Lockhart gave a plug to the Tri-Valley Convention & Visitors Bureau as they are working on getting rooms donated in Livermore, Pleasanton and Dublin. She questioned if we are specifying exactly what the $1,600 is for? Ms. Pattillo stated as soon as airfare is taken care of, they can also look at hotel, food, and maybe a donated van. Ms. Flores advised that she is working with Southwest Airlines. She will be responsible for feeding these people, so she is working on getting some restaurants to donate some meals. Mayor Lockhart asked if we could say $400 per representative, and it could then be used for air, transportation, meals, whatever the need is. Ms. Flores stated they will be doing a fundraiser at the parade and this is an ongoing thing. We are not stopping with this parade. We want the Unit to know we are here for them. This is our biggest event thus far. The Pentagon is aware of this. Mayor Lockhart asked if they had approached car companies for vans. Ms. Flores stated Livermore has already started on that portion. Mayor Lockhart stated Enterprise Car Rentals is very supportive of programs such as this. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the request and approved the Budget Change, to allocate $400 per representative, not to exceed $1,600. REVISION TO DRIVING UNDER THE INFLUENCE (DUI) EMERGENCY RESPONSE COST RECOVERY PROGRAM 10:14 p.m. 8.4 (580-20) City Attorney Elizabeth Silver presented the Staff Report. This item requests formalization and ratification of the City's billing practice under the DUI Emergency Cost Recovery Program that allows the City to, among other things, bill for all costs associated with appropriate emergency responses to an incident. CITY COUNCIL MINUTES VOLUME 22 Mayor Lockhart commented on the second page of the Resolution, it says "the City may bill motorist only for the direct costs to the City of the emergency response, i.e. costs of repairing or replacing City property damaged or destroyed; hourly salary and fringe benefit costs of the police or other personnel who directly respond to the incident; and emergency vehicle costs." She stated this seems odd. Isn't this part of their job? Also, what about domestic abuse and other situations? Mr. Ambrose explained that someone could act in a negligent way and take police officers away from performing other services. The State allows us in this particular incident, to bill the responsible party. Mayor Lockhart stated she has a moral problem with this; somehow it doesn't make sense. Mr. Ambrose stated this is part of trying to discourage DUI's. This is being done in accordance with what the State allows us to do. Ms. Silver talked about description or definition of incident. Some jurisdictions define incident as an accident. The City will only bill if there is an accident. On motion of Cm. Oravetz, seconded by Cm. Zika, and by majority vote (Mayor Lockhart abstained), the Council adopted R~SOLUT~ON NO. ~55 ~ 03 REVISING PROCEDURES FOR )~PLE~qENTAT~ON OF THE DRIVING UNDER THE ~NFLUENCE EMERGENCY RESP©NSE COST RECOVERY PROGRAgJ~ ACCEPTANCE OF GRANT DEED FROM DR ACQUISITIONS, LLC FOR LAND AND IMPROVEMENTS FOR FIRE STATION #18 10:25 p.m. 8.5 (670-90/600~30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report. In October, 2001, the City Council entered into an Improvement Agreement between the City and DR Acquisitions, LLC (developer) to dedicate land for and construct the new Dublin Fire Station # 18 facility. DR Acquisitions has executed a Grant Deed for the land and constructed the Fire Station # 18 facilities to the satisfaction of City Staff. Fire Station # 18 is adjacent to the future community park site. CITY COUNCIL MINUTES VOLUME 22 A maintenance bond in the amount of $1,250,000 to guarantee against defects will be provided to the City at a future date. The City currently has a $5,000,000 ~tter of Credit to be relinquished when the maintenance bond is received. The City will incur facility maintenance costs and sufficient funds are available in the FY 2005~04 budget to assume the maintenance of these improvements. Ms. Lichtenstein advised of a correction which is a slight reduction in amount of the maintenance bond coming in. The Station will be opening tomorrow morning. Marty Inderbitzen, representing DR Acquisitions, stated they entered into an Agreement about 2 years ago and really proud and happy they finished this project right on time. He discussed one clarification regarding language in improvement agreement refers to credit providing them an amount equal to the value of the land. The Agenda Statement says using the current fire facilities fee, but the agreement says the then current fee. They will be seeking some kind of an adjustment in that value. This is important to them because if this station was roughly equal to what their impact is, it provides a wider community impact and they might get a credit and get reimbursement for over the next 10 years. They will be talking to staff in the next few days. On motion of Cm. McCormick, seconded by Mayor Lockhart, and by unanimous vote, the Council, with revised maintenance bond amount, adopted RESOLUTION NO. ~57- 03 ACCEPTANCE OF DEED OF' LAND AND ~PROVEMENTS FOR DUE~L~N FIRE[ STATION # '~8 FRO~[ DR ACQUIStT~ION$, LLC DESIGNATION OF AGENCY LABOR NEGOTIATORS FOR UNREPRESENTED EMPLOYEE: CITY MANAGER 10:31 p.m. 8.6 (110-30/600~30) This item provides for the designation of two members of the City Council as the City's representatives to discuss conditions of employment, including salary and fringe benefits, for the City Manager. Last year's designated team was Mayor Lockhart and Cm. Sbranti. CITY COUNCIL MINUTES VOLUME 22 The Council designated Vm. McCormick and Cm. Oravetz as the Council representatives to negotiate with the City Manager. OTHER BUSINESS 10:32 p.m. City Manager Ambrose reminded everyone of the National Night Out event on July 22~a at Ted Fairfield Park. The Dublin/Pleasanton Liaison Committee will hold a meeting here in Dublin on Friday, July 18~. The Dublin/DSRSD Liaison Committee will meet on Friday, August 1 st at 8:00 a.m. The City received a request from Pleasanton to comment on the next Tri~Valley Council meeting. They have requested agenda items and suggested potential dates of September 4th, 11th or 24th. After checking calendars, the City Council determined that September 24th works the best for all. Mr. Ambrose publicly announced that the City received a letter from the State of California indicating the City's Housing Element has been certified and approved by the State. This is a major milestone for the City. Cm. Oravetz reported that LAVTA is in the process of interviewing for a new director. Interviews with the $ finalists will be held on July 22nd. Cm. Zika stated he attended Friday's first concert of the year. There was a super crowd and the group played from 7-9 p.m. with no breaks. Everyone seemed to enjoy themselves. CITY COUNCIL MINUTES VOLUME 22 Cm. Sbranti reported that on July 9th, he joined Cm. Zika, Vm. McCormick and Mayor Lockhart for the tour of Legacy Properties which was very informative. The following day, he and Cm. Oravetz, Mayor Lockhart and Vm. McCormick went to the Kaleidoscope Easter Seals BBQ. There was a great showing from the community and parents and kids were very appreciative. Mayor Lockhart advised that Vic Sood, General Manager of WHEELS officially retired the end of last week. They are very excited to interview candidates for a new General Manager. Mayor Lockhart reported that she represented Dublin at the grand opening ceremonies Saturday at the Dunsmuir House at the Scottish Games and she made contact with Counsel General of Dublin Ireland, and also the Counsel General from New Zealand. They both look forward to visiting us. Mayor Lockhart reported that the Council participated in a positive live call in show last night with CTV30. Tomorrow she, Vm. McCormick and Cm. Zika will attend the League of California Cities conference in Monterey. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:$9 p.m. Mayor ATI'EST: City Clerk CITY COUNCIL MINUTES VOLUME 22 ~Y:.EGU LAR