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HomeMy WebLinkAboutItem 4.01 Draft Minutes 03-26-1996 (2) " !. REGULAR MEETING - March 26~ 1 ~96 A regular meeting of the Dublin City Council was held on TuesdaY7 ~rch.26719967 . in the Council Chambers of the Dublin Civic Center. The meeting Wl1$ ca11eddto order at 7:03 p.m., by Mayor Houston. ,'.., ..1 ,. .~.. r ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howald, Moffatt and Mayor Houston. ABSENT: None .......... ............ PLEDGE OF ALLt:GIA~CE Mayo~ Houston led the Council, Staff and those present in the pledge ofaUegiance to the flag. . .............. " ,.. ... ..... COMMENDATION 7:04 p.m. 3.1 (610-50) Chief Rose presented a Certificate of Appreciation to Ramon Gonzales, an employee of El Torito in recognition of his honesty and integrity when he turned in a large,amount of money, almost $9,000 in cash and checks, which be found attheresta~rant on February 20, 1996. . ',.". . . Chief Rose stated Mr. Gonzales is a man with a lot of honesty and integrity in teday's world. ' Mr. Gonzales was also commended by the City Council~ .....,..,.......,. .. ...........,.........w . Livermore School District (~15..20) 7:06 p.m. ...~ Lynne Stein, 1334 Kathy Court, Livermore,: and President of tlleLivermore Board of Education, read a letter which was sent to the , City Council o,n February 7, 1996 by the Livermore Valley Joint Unified School District Superintendent. The Dublin City' Council WEtS invited to visit the District and see the newest middle and elementary schools that would be typical of any new facilities to be built. The.LivermoreSchool District has the ability to provide quality education programs to aUstuaents. She also brought additional information and stated she hoped,they would take them up on this offer and visit their school district soon. " " . ,. . ." em' COU.NCIl. MDiIrtJtS "OLUII~ 1$\ RE6ULldt .,prING ' Ma.rch."_,1eeS PAGE 143 ffEMNO.M \:J-: Mr. Ambrose stated a response letter went out today. Mayor Houston apologized that their letter had not been responded to earlier. When . the School Board receives the letter, perhaps there can be more dialogue. Mayor Houston recognized Councilmember Stein from the Livermore City Council. ............................+. ........ Library on {pternet (940-50) "Karen Dyer, 6829 Sage Court stated she had attended the February 21, Goals & Objectives meeting. When unexpectedly asked the question she stated the Dublin Library was not on the Internet. She stated she wished to correct her statement and say that at this time they have partial access. She deferred to Pat Zahn or Joy Cadone for more details. Joy Cadone, 7669 Ashford Way, Deputy County Librarian clarified that they are very proud of their access to Internet in Dublin. About 8 months ago, they brought up their on-line automated catalog so people can go to Internet sites. There will be a PC station for patrons soon. This should be in place in about a month. There will be extensive use. There will be no charge to use it. There will generally be about a 2 hour period assigned. This would be a perfect time for Dublin to work in cooperation with the library to develop a home page. This might be a real nice cooperative effort for their . experts on staff could help. At the moment they only have the financing for one PC. They do a great deal of publicity so people will know the process. People can also dial up from home to get to their on-line catalog. She invited the City Council to come for a demonstration once they get to that point. .mw.'~.......,....,.."+,.,.........,,,.,.,..,."w'" ,,~ BARTStation Name (t060-30) Marjorie Wong-Gilmore, 11815 Bloomington Way shared a letter from BART Director Sherman Lewis regarding using the name of Dublin/Pleasanton for the BART Station. He is in support of the name. There does seem to be good support for this name. Mayor Houston explained that there is a final board meeting on Thursday when they will be discussing this in finality. Their recommendation is to name it Dublin/ Pleasanton which is what we recommended. _.........................+~..................:....... 'I' . ' . Crn' COUBCIL MINUTES VOLUME t 5 REGULAR MEETING 1V.I:arc.h. 28, ':1996 PAGE 144 CONSENT CALENDAR 7:16 p.m. . On motion of em. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March 12, 1996; (Cm. Moffatt abstained) Received (4.2 330-50) the Financial Report for tb~ month of February, 1996; Authorized (4.3 350-20) Staff to distribute an RFP for an Evidence Tracking System -and a Fixed Asset Inventory System; Authorized (4.4 600-30) Staff to advertise for bids for Contract 96-03, Annual Slurry Seal Program; Adopted (4.5 600-40) RESOLUTION NO. 28 - 96 APPROVING AMENDMENT TO AGREEMENT WITH ALAMEDA COUNTY FOR TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE . Adopted (4.6 600-50) RESOLUTION NO. 29 - 96 AUTHORIZING THE SUBMISSION OF PROGRAM SUPPLEMENT NO. 009 TO THE DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, RIGHT OF WAY AND DESIGN FUNDING FOR THE DUBLIN BOULEVARD WIDENING PHASE II PROJECT and authorized the Public Works Director to execute Program Supplement No. 009; Adopted (4.7 600-50) RESOLUTION NO. 30 - 96 AUTHORIZING THE SUBMISSION OF PROGRAM SUPPLEMENT NO. 008 TO THE DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION FUNDING FOR THE CITY OF DUBLIN TRAFFIC SIGNAL COORDINATION AND UPDATE PROJECT and authorized the Public Works Director to execute Program Supplement No. 008; . ern' COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 :ntIarch. 26, :1996 PAGE 145 Adopted (4.8 600-30) RESOLUTION NO. 31 .. 96 AWARDING CONTRACT 96-02 ANNUAL STREET REPAIR AND OVERLAY TO O'GRADY PAVING ($329,291.96) . Approved (4.9 300-40) the Warrant Register in the amount of $368,933.91. ""......._~.. DUBLIN FINE ARTS FOUNDATION LOANED ARTS PROGRAM SCULPTURE #5 .7:17 p.m. 5.1 (600-30) Parks & Community Services Director Lowart explained that the Dublin Fine Arts (DFA) Foundation would like to display a sculpture "Steel Watercolor #99" created by internationally known Bay Area Artist, Fletcher Benton, at the Civic Center. The sculpture stands 22 1/2 feet tall and is approximately 3 feet wide at its widest point. The proposed location is in the grassy area between the Plaza Fountain and the Civic Center building facing Dublin Boulevard. Ms. Lowart explained that Kemper Real Estate Management Company will pay all direct costs. Depending on the location, additional landscape maintenance expenses may be incurred. Cm. Howard asked if there was a better picture of the sculpture than what was in their . packets. Lynne Baer showed a color photocopy of the sculpture. Mr. Benton also did the huge statue at Bishop Ranch. The location will create a nice image next to the flag poles, and fountain area. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council approved the proposal from DFA, authorized the Mayor to execute the agreement and directed Staff to work with DFA to complete the iy(s.tallation. """""""""." PUBLIC HEARING REDUCTION OF RENTAL AVAILABILITY IN-LIEU RENTAL FEE AMOUNT 7:21 p.m. 6.1 (430-20) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and advised that the In - Lieu Rental Fee amount is determined by the City Council every 2 years. The Fee is used to assure the provisions of rental housing in the City of Dublin. This item would result in a reduction of the In-Lieu Rental Fee from $10,808 to $986.24 per unit not provided. CIIT COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 lVIarch 26, I996 PAGE 146 . Mayor Houston asked when this will come back to the City Council regarding the elimination of this item. . Mr. Carrington stated they do not have it scheduled. Mayor Houston asked when the money will be given back? Mr. Carrington stated if we do collect funds, unless the City Council directs otherwise, wewould use it to subsidize rents for families in the City of Dublin. Mr. Ambrose stated Staff is not able to bring this back in the near future because of the 'current workload in the Planning Department. Dockets are pretty full for the next cou pIe of months. Cm. Moffatt asked if a developer does create low cost rentals, does this compensate toward this? Mr. Carrington replied as far as our fair share of affordable housing, it would actually give us credit toward meeting those goals. Cm. Moffatt asked if the rent is put into Section 8, if this would also apply to low income housing. . Mr. Carrington stated if the City Council directs it this way, it could be applied toward programs that are partially funded by Section 8. We might direct the Dublin Housing Authority to help certain families in Dublin to subsidize their rents. Section 8 applies to our housing element. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Mayor Houston asked for some solutions from the City Attorney. 'this whole ordinance is not needed, so he stated he would favor making it zero right now if Staff does not have the time to take if off right now. We've seen data that this whole concept is obsolete. How can we get this done? Ms. Silver stated the Rental Availability Ordinance provides the method by which the in -lieu fee is calculated. She did not think they can set the fee at zero unless they amend the ordinance. Mayor Houston gave an update of how this ordinance came about. There was a fear in the late 1980's that our rental stock would be going down. A survey of multi-family . Cln' COUNCIL MINUTES VOLUME 15 RE.6.ULAR ME.E.TIN6. lVIarch. 26, 1996 PAGE 147 projects done this year shows that rentals are running over 20%. This no longer applies, but it is now a timing thing as to when we can amend our ordinance. There are a lot of priorities out there and he feels this is one of them. Ms. Silver stated at the last City Council meeting, the Council directed Staff to start a GPA to amend the housing element. Repealing the ordinance could be simpler. She could review it and report back at the next City Council meeting. . Mayor Houston stated he hoped when Staff bring~" this back they would verify and confirm the data that has been presented. We have projects on line and they should not have to pay even the $900. Some GPAs take quite a bit of time. Hopefully we will .,have a firm standing on this. Mr. Ambrose stated one developer has already been given a final map and he was sure the developer firm would rather have the $900 figure than the $10,000 figure. This bears on this particular ordinance. It is a condition of their final map. Mayor Houston reopened the public hearing in order to continue the item to the next meeting for direction on what can be done. On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council continued the item to the next City Council meeting on April 9, 1996. uu ,........,~ ' . PUBLIC HEARING PUBLIC FACILITIES FEE 7:35 p.m. 6.2 (390-20) Mayor Houston opened the public hearing. Parks & Community Services Director Lowart presented the Staff Report and stated the City Council will review the results of the Public Facilities Fee Justification Study and consider adoption of a Public Facilities Fee to finance municipal gublic facilities to reduce the impacts caused by future developments in the City of Dublin and Eastern Dublin. Such facilities include the following: completion of the Civic Center office space, construction of a new library and expansion of the existing library, relocation and expansion of the existing senior center, acquisition and construction of neighborhood and community parks and community buildings (including a community theater, a community center, a recreation center and an aquatic center). Ms. Lowart stated public hearings on this issue were held on February 13, and March 12, 1996, and continued in order to address additional comments that were received during the public testimony portion of the Public Hearing. crn' COUNCIL MINUTES VOLUME t 5 RE6ULAR MEETIN6 1VIarch 26, 1996 PAGE 148 . Ms. Lowart reviewed the Staff Report with regard to: Developer Construction of Facilities; Annual Review; and Amount of Park Land. . In summary, Ms. Lowart stated in order for new development in Eastern Dublin to proceed, applicants are required to demonstrate that proposed developments are in conformance with the Eastern Dublin specific Plan policies and land use program and the City of Dublin General Plan. With regard to parks and community facilities, each development proposal must demonstrate conformance with a number of goals and policies. If adequate facilities are not provided for residents in Eastern Dublin, those new . ~esidents will place a burden on existing Dublin park and recreational facilities. Ms. Lowart stated adoption of the Public Facilities Fee is consistent with the General Plan and the Eastern Dublin Specific Plan and will implement those plans. The Parks & Community Services Commission has reviewed and approved the Public Facilities Fee in concept. Cm. Moffatt said he had a hard time understanding the nexus of the city center space. Is this a general use for the whole city? Ms. Lowart stated the premise of sizing the Civic Center is as the City grows the number of Staff will grow to assist the public also. The expansion space will need to I . be finished, i.e., more Police Officers will be needed. Mr. Ambrose explained that if east Dublin doesn't develop, we won't need to increase the size at the Civic Center. We are only putting in the incremental cost of improving the building. Mayor Houston pointed out that the cost is pretty small. Cm. Moffatt referenced fees for commercial businesses. On page 8 of the resolution, several stores are listed. Does this also include service oriented btr~rinesses or are they exem pt? Ms. Silver stated the paragraph reads that uses include but are not limited to, so clearly a law office, or physician's office would not be excluded. Cm. Moffatt referenced page 11 of the resolution and stated he assumed this means a granny flat or if you convert your single family home to multiple use. . CITY COUNCIL MINUTES VOLUME t 5 REGULAR MEETING :M:a.rch 26, 1996 PAGE 149 Ms. Silver stated for residential it is a flat amount, but it would only apply if an additional residential unit is created. The fee is going to be paid when homes are built rather than when someone remodels. . em. Burton asked for a clarification that tonight they are only establishing the fee and not saying how it will be funded. $84 million is a big chunk. When will we know how this is going to be handled and who makes this decision? Mr. Ambrose stated the developer could come in ~nd request that the City form an assessment district. This would have to come back to the City Council if they wanted to form an assessment district. Governmental entities need to collectively get together -and discuss the order of priority, etc., and financing vehicles. em. Burton asked who decides which priorities get decided and when? Mr. Ambrose stated Staff will have to come back to the City Council with a park implementation plan. They will be asking for money for assistance to put the plan together. It will have to go hand in hand with how development occurs and as units come on-line, how much land dedication it will generate, how much in fees, etc. We need to work closely with the development community. Cm. Burton asked about a scenario of 300 homes being built and there's' not enough in park fees to build the park. . Mr. Ambrose stated again they will have to develop some sort of a plan of when these things can come on-line. Some members of the development community have different priorities with regard to what they want to see in their area. Cm. Burton stated he was pleased to see the 96 acres out of the General Fund instead of being loaded onto the new people. Mr. Ambrose stated on a dedication the land value is not an issue. ,.What they will pay will only be the fee going toward the actual improvement costs. (f they don't have the land to dedicate, they would have to pay the fee and we would have to take the money and purchase the property from another developer. Cm. Burton felt this will make some people a little bit upset. Mr. Ambrose stated we will have to do an annual update to the fee. This is one of the things we may want to discuss; acquiring more land earlier in the park implementa- tion plan. CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING 1'VIarch. 26, 1996 PAGE 150 . Cm. Moffatt asked if the recent Supreme Court case on development fees play into this? . Ms. Silver stated the Culver City case applied to 2 different fees. One was for loss of tennis courts. The Court held that the city could charge a fee but the fee they charged was not an appropriate amount. The other fee for art in public places was applicable to all development. This would be upheld as long as it was charged in accordance with the Government Code. Joy Cadone, 6559 Ashford Way, requested that the City Council consider the desire for this community to think in a far ranging view for the value of the community. She -lives in basic Dublin as opposed to designer Dublin. She wants to make sure that the people who are not in the new development that it is seen as integral to the City of Dublin. The city builds an infrastructure for the whole city. She brags about Dublin because she feels it is one of the best run cities in the Bay Area. Four years ago a study of the current library was done. They looked at possible remodel and they proposed that if east Dublin grows there would need to be another facility. They need very much to go back and revisit that. We may not want to build a second library, but rather a larger one more centrally located. She is proud of the citizens who voted to pay additional taxes to build the library and also the swim center. She wasn't sure people would vote to tax themselves in this climate for additional facilities. The library bond will be paid off in 1999 and she thought the swim center bond was already paid off. Eastern Dublin is not an isolated community out there, but rather a part of the . whole. It's difficult to say what something is going to cost 10 years from now. She was very pleased that the City Council is considering this. Cm. Burton stated he thought they agreed that the best location would be on the County property. He thought they set aside some public property. Mayor Houston stated one potential problem is that we don't own the library. If we were to get a larger facility he wasn't sure how this would play out. Ms. Cadone stated the County Library is always willing to sit downand talk about how they can work best for both the City and them. They will look at this and be as open and cooperative as possible. Karen Dyer, 6829 Sage Court, spoke in support of Ms. Lowart's report to best serve the people. Dublin's pride is homegrown, as evidenced by our parade and Dublin Pride Week activities. Residential growth has to be supported by adequate growth of our facilities. Everyone of the fees mentioned are not luxuries, but necessities. Is this a package deal or are they able to line out certain items? She felt all the facilities will enable us to grow and continue to be proud. She stated she was speaking for several neighbors that she asked to attend. . crn" COUNCIL MINIITES VOLUME 15 REGULAR MEETING DIarch. 26, 1996 PAGE 151 Cm. Burton stated Cm. Barnes was really the fireball that made this come together. She was the sparkplug for Dublin Pride Week. Cm. Barnes thanked Savannah Blackwell of the Valley Times for writing terrific articles. . Marjorie Labar, 11707 Juarez Lane, said during discussions of the East Dublin Specific Plan, concerns were raised about how to pay for this and the City Council assured them that the Specific Plan would be the basis for..4etermining. To break off from this now would be breaking a trust to the people. If growth didn't occur, new facilities wouldn't be needed. Therefore, it is incumbent for new growth to pay for it. We may ,:want to look at how we site parks and look at combining with school sites. She was extremely distressed to read that after the last meeting that the original list was merely a wish list. She took offense at this. They were assured that the Specific Plan would be built. Get the fee in place and adjust it every year. Keep forecasting ahead so we have a place that is good and comfortable to live and attract the tax base. Parks and libraries are not extras; they are necessities. She hoped the City Council would go forward with the fee structure and make sure quality facilities get built as development occurs. We should at least get the smaller neighborhood facilities in right away. We knew going in that this was not going to be inexpensive. Carolyn Morgan, 5184 Doolan Road, Livermore, stated she was a resident of Dublin for 18 years and was one of the ones that put together the referendum. What people wanted was the GP and the SP and these facilities are part of that SP and they are what . the people deserve. If the City Council wants to change the plan, she suggested that they take it back to a vote of the people. Yes, it will be expensive, but you knew that going into it. People with children aren't going to want to move into an area where there aren't parks and libraries available. Don't let the developers talk their way out of these fees. Springtown is an area where people feel they have been left out of the City of Livermore. Facilities are finally starting to be built. Stick to it. That's the plan. Marjorie Wong-Gilmore, 11815 Bloomington Way, also expresseq her support for the passage of the Public Facilities Fee. The schools and recreational f:irograms are very important. She is on the P&CS Commission and they prioritize projects year after year. Aside from the Civic Center which is a beautiful facility, she has had many people from neighboring cities say what a beautiful image this is for the city, just as our recreational facilities are. We should have new and updated facilities that can attract new people to our community. We have many facilities that are tired and overused and we have no where else to go. Some of them cannot be renovated because we have no where to send the kids to play. We need to move forward with this facilities fee. With regard to schools, putting recreational facilities at the school sites, this is very difficult because our facilities are not up to date and we don't have funding to bring CI1Y COUNCIL MINUTES VOLUME. 15 REGULAR MEETING lVIarch. 26, 1996 PAGE 152 . them up to date. This is a way to provide residents adequate facilities. She would like to see us move forward and hopefully approved this tonight. . Matt Koart with Kaufman & Broad, stated they are not questioning the facilities to be built, but what this is about is looking at the nexus study and how much it's going to cost to develop these facilities. The joint use agreement with the school district for use of parklands is a good idea and provides for the fee to be more reasonable. The issue of paying the fee at occupancy or at building permit is important as they are a very cash flow driven business and would rather not pay ul)til they have to. Martin Inderbitzen, 62 West Neal Street, Pleasanton, representing Dublin Ranch . properties thanked Staff and Ms. Lowart for working with them on their comments. They have all been addressed in one way or another. They are supportive. He asked that we look at and analyze joint use of school facilities. What would a joint use agreement look like? Adolph Martinelli, Alameda County, stated on the Santa Rita Property 56 acres is in the SP and there are an array of public facilities; swim center, library site, etc. If they wait for the fee program to collect enough funds they may be waiting 10 or 15 years. The County would like to see flexibility in collecting the fees so that incrementally a park can be built and made available on a short term. They are currently under contract to demolish the old hospital and want to improve the property. They will cooperate with City Staff and developers. . Mayor Houston closed the public hearing. Cm. Burton stated he accepted the scolding about referencing this as a wish list because everybody put in what they wanted. This was how it started. Mayor Houston felt the items were not the problem, but how they will be funded and get built. It seems the property owners are on board with what's planned. .', Cm. Burton asked what we said about joint use of facilities with sc.hools. Ms. Lowart stated in the P&R Master Plan they recommend against joint use. This could be added in if the City Council desired. Cm. Burton felt this should be considered. Mayor Houston also felt it should be looked at. Cm. Barnes stated there is another body we can't speak for, but we could review it. . CIn' COUNCIL MINUTES VOLUME 15 REGULAR MEETING M:a.rch.. 26, 1996 PAGE 153 Cm. Burton felt there is a cooperative effort and it could be done. Cm. Barnes felt we should say look at the idea of considering joint use. . Mayor Houston asked about a policy of when the fee is paid. Ms. Lowart advised that currently it is at occupancy, or in the case of commercial, it is at building permit. -- Ms. Silver stated under state law the City Council cannot require payment sooner than at building permit or final for residential. You can't require it sooner. " Mr. Ambrose stated we would have to do a CIF as part of the phasing plan. We would look at 5 years or a reasonable period of time. Today, we could not require it until final inspection. Mayor Houston requested that the City Council consider this also, depending on the project. Cm. Moffatt stated the developer might want some improvements on their land sooner. Mayor Houston su~ested they keep this option open for discussion when the implementation plan comes before the City Council. . Ms. Lowart referenced a correction on page 3 third paragraph of the resolution. The word December should be changed to read March 1996. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted with the above correction noted RESOLUTION NO. 32 - 96 ". ESTABLISHING A PUBLIC FACILITIES FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN As part of the motion, the Council also determined that they would like to consider the issue of school property joint use as part of the comprehensive plan and would also like to consider some flexibility of when the fees are paid. ."""". uu......"",.+....",,..,,""""""u, crn' COUNCIL MINUTES VOLUME 15 RE6ULAR MEETING :M:a.:rch. 26, :I.99G PAGE 154 . . PUBLIC HEARING - AMENDMENT TO CHAPTER 9.28 OF THE DUBLIN MUNICIPAL CODE - QUIMBY ACT ORDINANCE 8:34 p.m. 6.3 (390-20) Mayor Houston opened the public hearing. Parks & Community Services Director Lowart presented the Staff Report and advised that the proposed amendments to the Quimby Act Ordinance pertain to the amount of land to be dedicated, the calculation of in -lieu fees, and credits for open space and recreational facilities. Ms. Lowart discussed: Background Information; Amount of Land to be Dedicated; ,Calculation of In - Lieu Fees; and Credits. Cm. Burton asked if all they were doing is clarifying. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending Sections 9.28.040, 9.28.050 and 9.28.060 of the Dublin Municipal Code. . PUBLIC HEARING REVISION TO EASTERN DUBLIN TRAFFIC IMPACT FEEl AREA OF BENEFIT FEE 8:38 p.m. 6.4 (390-20) Mayor Houston opened the public hearing. """ '~ "" Public Works Director Thompson stated this is the annual update of the existing Traffic Impact Fee for the Eastern Dublin development. Proceeds from this fee will fund the oversizing of arterial streets, the provision of park and ri4e lots and selected regional transportation improvements. Staff feels that additional time is needed to discuss the value of required rights-of-way with major property owners. No testimony was entered by any member of the public relative to this issue. On motion of Mayor Houston, seconded by Cm. Burton, and by unanimous vote, the Council continued the item to the City Council meeting of April 9, 1996. .................---... -+- . crr{ COUNCIL MINUTES VOLUME 15 REGULAR MEETING :M:a.rch 26, 1996 PAGE 155 PUBLIC HEARING NOISE MITIGATION FEE 8:40 p.m. 6.5 (390-20) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and advised that a Noise Mitigation Fee will allow the City to cover the cost of mitigating noise impacts to existing residences in the Eastern Dublin Specific Plan from development in the EDSP at buildout when noise impacts will be greatest, B:Dd of administering the intake of the Fee program. The fee amount is determined by land use category and for residential land use, ranges from $2.85 to $4.74 per unit. . Cm. Moffatt asked if there is any reason why the developer couldn't take this into account and adjust the price at that time. Why does the entire area have to pay? Mr. Carrington stated the entire area will be generating noise and they will all equally impact the 7 houses. This is a very small fee per unit and will be charged to all 13,000 units. Cm. Burton stated he was thankful there is only 7 houses. He assumed the noise mitigation will be on all new houses built. Mr. Carrington stated this was correct. The new houses will have to meet the standards of the UBC, and all the other codes. . Cm. Barnes clarified that 7 homes are there right now. em. Moffatt clarified that this is a one time fee. Any new development in,eastern Dublin will have to pay the fee. Mayor Houston stated this is another one of those "have to do its" because it's in the plan. ~'. ~'. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of em. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted crr"i COUNCIL MINUTES VOLUME 15 REGULAR MEETING lVIarch 26, 1996 PAGE 156 . RESOLUTION NO. 33 - 96 . ESTABLISHING AMOUNT OF NOISE MITIGATION FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN ......."..'..-------------.+.. ...------......... PUBLIC HEARING - URGENCY ORDINANCE AMENDING THE MUNICIPAL CODE AND ZONING ORDINANCE TO ASSIGN RESPONSIBILITIES TO THE COMMUNITY DEVELOPMENT DIRECTOR . 8:46 p.m. 6.6 (610-20) Mayor Houston opened the public hearing. City Attorney Silver stated an Ordinance had been drafted to reassign duties designated in the Municipal Code and Zoning Ordinance of the Planning Director to the Community Development Director. With the resignation of the Planning Director, this Ordinance will insure that applications are handled in an appropriate fashion. Ms. Silver explained that this is merely a housekeeping item. This Ordinance will not change any existing procedures or requirements of any development entitlements. An urgency ordinance requires a 4/5 vote of the City Council. . No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and on an urgency basis, adopted ORDINANCE NO. 5 - 96 ".s... AMENDING THE DUBLIN MUNICIPAL CODE AND THE ZONING ORDINANCE TO DESIGNATE THE COMMUNITY DEVELOPMENT DIRECTOR IN PLACE OF THE PLANNING DIRECTOR TO TAKE EFFECT IMMEDIATELY .'.."'..."."""'.'."....+'.................'...'..-.. . CITY COUNCIL MINUTES VOLUME 15 REGULAR MEETING :M:a.rch. 26, 1996 PAGE 157 EASTERN DUBLIN SCENIC CORRIDOR ADOPTION AND EASTERN DUBLIN SCENIC CORRIDOR POLICIES AND STANDARDS 8:48 p.m. 7.1 (420-20) . Senior Planner Cirelli advised that this item was continued from the March 12, 1996, City Council meeting. In compliance with the Eastern Dublin Specific Plan and EIR, the City Council needs to consider the official adoption of Tassajara Road, 1-580 and Fallon Road as designated scenic corridors, and approval of scenic corridor policies and review procedures and standards for projects within the scenic corridor viewshed. Ms. Cirelli stated Staff presented this item at the last City Council meeting and at that time, property owner John DiManto (Dublin Land Company) expressed concern with ,the Viewpoint 2 development standards. Two Councilmembers also questioned the appropriateness of preserving views of the hills and ridges from the freeway and the potential impacts on commercial development along 1-580. Ms. Cirelli discussed the Viewpoint 2 Analysis as contained in the Staff Report. She explained that when applying the standards, the property owner would be able to build a commercial project that takes advantage of the maximum Floor Area Ratio allowed by the Specific Plan (.60) and still complies with the proposed standards. Cm. Moffatt stated he had reviewed the tape for this item as he was absent from the last meeting. Cm. Burton stated he had had time to talk to staff and realizes there are ways to deal . with the problem. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 34 - 96 OFFICIALLY ADOPTING 1-580, TASSAJARA ROAD AND FALLON ROAD AS DESIGNATED SCENIC CORRIDORS AND APPROlflNG THE EASTERN DUBUN SCENIC CORRIDOR POUCIES AND STANDARDS .""..."--_.."......"".+...""""...",,..,.--' TRI-VALLEY CROSSINGS (SANTA RITA COMMERCIAL CENTER) REVISED SITE PLAN 8:53 p.m. 8.1 (410-30) Associate Planner Ram presented the Staff Report and advised that in late 1995, Homart Community Centers, the original applicant, was acquired by Developers Diversified of Ohio. Developers Diversified placed a new management team in charge of the project, however, retain the same architect that was used by Homart. Ms. Ram stated a revised Site Plan has been submitted for the 800,000:!: sq.ft. shopping center CITY COUNCIL MINUTES "OLUME 15 RE6ULAR MEETIN6 lYIa.:rch 26, ISS6 PAGE 158 . . which was approved by the City Council on August 22, 1995. Developers Diversified feels that the Center, in its present configuration, is difficult to lease long term. They are requesting that the City Council approve a revised Site Plan that will accommodate their tenant mix. They are not requesting any other change from the original project approval. Ms. Ram reviewed the Analysis contained in the Staff Report. In summary she stated the Proposed Site Plan blocks 26% more of the freeway view of the Center than the Approved Site Plan. However, the Proposed Site Plan adds 2 1/2 acres of landscaping between the freeway and the majority of the buildIngs. Staff believes that while the orientation of the Center is slightly modified, policies of the EDSP have been satisfied ,and Staff therefore recommended that the City Council approve the Proposed Site Plan. Through the use of overhead site plans, Ms. Ram discussed the differences in the Site Plan. The circulation and landscaping plans have been improved. There's 26% more building along 1-580. Ms. Ram advised that the Applicant was prepared to present a perspective to illustrate how the Center will look from the freeway. John McGill, Vice President and Director of Development for Developers Diversified based in Cleveland, Ohio gave an overview of their company and how they came to be involved in this project. They have been in business since the mid 1960's. It is a . family founded and run company. Three years ago they went public and are traded on the New York Stock Exchange. They are worth approximately $1.2 billion. They manage properties in 33 states. Dublin is their first entry into Northern California. They are committed to go forward with this. It's important to them that development is done correctly. They are a self-contained managed real estate investment trust. They keep their developments long term. In this way, they think different than their predecessor. They come to the floor as flexible developers and know that there will be a great deal of give and take. Their 30 years of experience certainly speaks for itself. They want to make this project absolutely successful. The initial phase they have today has 9 tenants that range anywhere from 25,000 to 75,000 squareleet that are committed to this project by either letters or leases. It's very important for them to mix this center correctly; with hopefully not too much duplication. They plan to commence construction no later than mid-summer. Their goal is to open in the Spring of 1997 and they think this is achievable. Initially $45 million is being invested into this development. Jobs will approach 400 to 500 jobs. Their financial wherewithal is there to accomplish this. They aren't asking for any major departures from the plans which were approved for Homart. . ellY COUNCIL MINUTES VOLUME. 15 RE.6ULAR MEETIN6 :M:a.:rch.. 26, 1996 PAGE 159 Mr. McGill introduced their Consultant Team: Assistant Director Kevin Woodman with Developers Diversified; Larry Musil and Brian Wolfe, with Musil Perkowitz Ruth, Inc.; Roland Hapa, with Brian Kangas Foulk, and David Gates Landscape Architect. . Cm. Burton welcomed them to Dublin. There is a lot of competition and he stated he hopes their selection of tenants will be able to compete successfully or be different. He asked for the types of clients they are attracting. Mr. McGill stated there is going to be minimal amounts of small shops and the center will be made up of major "category killer" types of tenants. They try to work with the top one or two in any particular category. There is consolidation around the country ,,today. There is a market here, but their plan is to deal with the top tier of tenants. They have a major furniture store; major consumer electronics store; sporting goods category; a major book operation; a major motion picture theater; a major home goods operation; and a major children's apparel. They have probably decreased slightly the overall total number of square footage. Brian Wolfe, with Musil Perkowitz Ruth, Inc., stated they are a 130 person architectural firm. They are currently working on several shopping center and movie complex projects. They worked on the original Homart project. He showed slides and addressed access and circulation issues. They are staying with the original concept for signage. The actual building area is slightly reduced from the original 800,000 square feet. Cm. Burton asked if they were carrying forth any type of theme as was discussed in the past; i.e., like the heritage element. . Mr. Wolfe stated they are doing quality architecture and using a lot of contemporary shapes, organized in a classical framework. They won't be a historical style project, however. Mayor Houston asked if they have selected a logo yet. 1". Mr. Wolfe reported that Developers Diversified is still working on that. em. Burton asked if there was any particular design that would go on the pads in the front. Mr. Wolfe stated they will come back with an architectural design and layout. There will be consistency.with colors and palette. Ms. Ram stated this would be done through Staff review. crn' COUNCIL MINUTES VOLUME t 5 I{EGULAI{ MEETING l.VIarch 26, ::1996 PAGE 160 . . Cm. Howard asked what they would be doing with the 5 pads before they build. Mr. Wolfe stated all the perimeter landscape would be installed and probably hydroseeded for erosion control. They would have some control over what the planting seed mix would be. David Gates, Landscape Architect briefly pointed out the improvements. Their concept along 1-580 is basically a low hedge. There will be a strong sycamore edge along Dublin Boulevard. From a landscape view, it is a!l improved plan from the previous one. . em. Burton stated he was concerned about the open space in front of the project along Hacienda. Wildflowers last a short time and then you have weeds. He suggested that it be sprinkled. He did not feel it would cost a lot to put in some grass that could be maintained. Mr. Gates said you can get about 5 years of color out of hydroseeding. They landscaped the parking area of the AT&T building in Pleasanton and it is quite colorful. Cm. Barnes stated she is always concerned with nose to nose parking. Mr. Gates explained that the trees would be clumped and then have some nose to nose . parking. Breaks would be created by the clumping of the trees. Cm. Barnes stated she was concerned that most of the walking is behind cars. Cm. Burton asked the location of the bus pullout. Mr. Wolfe showed where a landscaped bus area would be inside the center. Cm. Barnes stated she hoped there would be some nice restaurants close to the movie theaters. fl..... Economic Development Manager Reuel stated the 5 parcels are getting as much interest shown as the other areas. On motion of em. Burton, seconded by em. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 35 - 96 REVISING THE SITE PLAN FOR PA 95-026 SANTA RITA COMMERCIAL CENTER (DEVELOPERS DIVERSIFIED, TRI-VALLEY CROSSINGS) u..,...... . CITY COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 lVIa.:rch 26, 1996 PAGE 161 DUBLIN POLICE SERVICES 1995 CALENDAR YEAR REPORT 9:47p.m. 8.2 (580-60) Chief Rose advised that this report, prepared on an annual basis, documents police . response to crimes reported or detected within the City, response relative to traffic offenses and/or accidents and all programs administered by the Dublin Police Services. He pointed out that comparisons from year to year which are shown in percentages can be very misleading when applied to small base numbers. Part I crimes, which include murder, rape, robbery, assaults, burglary, larceny, stolen vehicles and arson decreased by 4%. All other offenses (narcotics violations, yandalism, etc.) increased by 20%. Overall, crime statistics for 1995 showed a 9% . :Increase. Cm. Barnes asked how many burglaries were of homes. She commented that 3 of her very good friends had been burglarized within the last week. Chief Rose stated they try to contain it as best they can. There are a lot of components. We are way below what our neighboring communities are. Mayor Houston felt one of the important keys in our City is that officers are visible in the neighborhoods. This helps to keep the crime rate down. Cm. Howard asked if alarm systems in homes are a big deterrent. . Chief Rose stated yes, they are a deterrent; if you look at attempted burglaries. They can provide a residential safety survey. Cm. Burton asked if a dog is better than an alarm. The City Council thanked Chief Rose for the report. UHUUUUUH'.'UU" ,,,,,,.. ". OTHER BUSINESS 9:57 p.m. Schaefer Ranch Proiect (420-30) Mr. Ambrose rep6rted that a joint session with the Planning Commission is scheduled for April 8 on the Schaefer Ranch project. The City Council requested that it begin at 6:00 p.m. Conflicts with other meetings were discussed, and the Council agreed to change the starting time of the meeting to 7:00 p.m. . ern' COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 lVIarch 26, :1996 PAGE 162 . , . Audit (310-20) . Mr. Ambrose distributed a memo to the Audit Committee related to Auditor selection proposals. ~ v Dublin Boulevard Improvements (820-20) Cm. Howard asked when Dublin Boulevard will be completed. _ ~taff responded that completion is still scheduled in July. .',.., uuu.." , Term Limits & Campaign Contribution Legislation (660-20) Cm. Barnes stated she would like to get on a future agenda the issues of term limits and also campaign contribution reform. .'" Street Improvement Proiect Status (820-20) I Cm. Barnes stated every year the condition of Dougherty Road situation comes up. . This road does not display Dublin Pride. Mr. Thompson stated there is a CIP that will be starting soon and which has some Federal ISTEA money with it. They planted seeds for flowers about a month ago. There are no CIP landscaping projects at this point. It actually goes from north of Houston Place to Amador Valley Boulevard. We won't be touching the southbound lanes. .. ~,~,. Dublin Housing Authority (430-90) The next meeting of the Dublin Housing Authority on April 23, will begin at 5:00 p.m. DHA will apparently be dealing with issues that will take more than their usual one hour of meeting time. .. . CIlY COUNCIL MINUTES VOLUME 15 REGULAR MEETING lVIarch. 26, I996 PAGE 163 Transportation Funding (1060-90) Mayor Houston ask about when we will have funding for the flyover on the agenda. . Mr. Ambrose stated it requires a local match of about $5.6 million. Livermore, San Ramon and Danville have indicated that they are not going to participate except through a Tri - Valley Transportation fee, if it is adopted. The reality of this is that it leaves Contra Costa County, Alameda County and Dublin and the opinion as of today is the rest of us are still on the hook for the $1.6 million that the others are not choosing to pay. He understood that Pleasanton is-still talking about some credits to fund their share. Staff will bring the issue back once we get to a point of knowing ',::what our share will be. In the last week, our share has gone from $1.9 million to $2.4 million. Mayor Houston felt we need to take a leadership role in this. This is always going to change until somebody puts their foot down. We need to take a stand whether we are on board or not. Everybody is looking for a little leadership on this. We should get on with at least the minimum and try to work with the others and show that it's of value to everyone. We need to get this on the agenda. Cm. Moffatt stated he understood that the Alameda County Transportation Authority is in a position to loan cities this if they need it. Mayor Houston did not feel that anybody is going to write a check for $2 million. . Cm. Moffatt felt Camp Parks might be advantaged by having the 580/680 interchange so there might be a point there that can be followed. Mayor Houston again suggested that it be put on a future agenda as soon as possible. ,.u,...,'...........,..,",.... Personnel Recruiting (740-10) ;- Mayor Houston reported that we are going to have to look at some interim measures to try to expedite projects in the future. Mr. Ambrose stated probably at the next meeting we'll be looking at a panel of project planners. Our new Community Development Director is moving fast, but we are not staffed to look at all the other issues. We are working on some interim measure to keep the projects going. The costs will be born as part of the processing costs. It's usually feast or famine. ,..,'.."..,....,....".. cny COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 lVIarch.. 26, 1996 PAGE 164 . . . Fire Services (540-10) . Mayor Houston reported that he had received a letter from one of the members of the San Ramon Valley Fire Protection District, Steven Morgan. He asked that copies be made for the rest of the City Council. The letter outlines some of the problems of going over in Contra Costa County with them for fire services. ....,,,..........,".",,......,,. Public Information/Relations 050-50) Mayor Houston stated there was a nice article in the City/County magazine about 'Dublin cooperating on the mapping project. San Ramon was the lead agency regarding the GIS mapping project. It's nice to see these kind of things recognized. .. .................... ~ ... Refri,g;erator Purchase (I 00-30) Mayor Houston requested that a small refrigerator be purchased and placed behind the Council area near the sink so that softdrinks can be kept there. .. St. Patrick's Day Event Review (950-40) . Mayor Houston stated on Sf. Patrick's day they were all talking about a review and he suggested that everyone might want to write down comments on how to make the celebration better and bigger next year. Cm. Burton stated he got a bad feeling about the kids holding out their hands for the candy. He won't carry candy because of the begging. Mayor Houston requested that everybody put their comments in w.riting and get them to Ms. Lowart related to the celebration and to the Lions Club related to the parade. .. . CLOSED SESSION 10:15 p.m. 10.1 (720-10) The City Council recessed to a closed session in accordance with Government Code Section 54957.6(a) - Conference with Agency Labor Negotiator Richard Ambrose - Unrepresented City Employees: Office Assistant I & II, Finance Technician I & II, Secretary, Recreation Coordinator, Administrative Secretary, Administrative Aid, Secretary to the City Manager/Deputy City Clerk, Assistant Planner, Community Safety Assistant, ern" COUNCIL MINUTES VOLUME 15 REGULAR MEETING lYIa.:rch. 26, :I.99G PAGE 165 '. . .. Engineering Technician, Management Assistant, Administrative Assistant, Recreation Supervisor, Public Works Inspector, Associate Planner, City Clerk, Senior Planner, Assistant to the City Manager, Finance Manager, Senior Civil Engineer, Economic Development Manager, Planning Director, Parks & Community Services Director, Assistant City Manager/Administrative Services Director, Community Development Director, Public Works Director/City Engineer . REPORT OF CLOSED SESSION ACTION Mayor Houston announced that no action was taken in closed session. ...'..'.""..""""""..+.--..--'--."""""".." ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:50 p.m. "',','.'"''',''''''' ""',..+.,"'" . A TrEST: Mayor City Clerk ."""""""""'+.' "" crn' COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 lVIarch. 26, :1.996 PAGE 166 .