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Item 4.01 Draft CC 03-04-2003 Min
CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. ANTICIPATED litigation - Initiation of litigation pursuant to Government Code Section 54956.9, Subdivision (c) - ONE potential case A regular meeting of the Dublin City Council was held on Tuesday, March 4, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE O1~ ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action. PROCLAMATION SUPPORTING MERCURY THERMOMETER EXCHANGE PROGRAM 7:01 p.m. 3.1 (610-50) Mayor Lockhart read and presented a proclamation supporting DSRSD's Mercury Thermometer Exchange Program and encouraged citizens to take advantage of the program to bring their old mercury thermometers to the DSRSD office and exchange C~TY C©~SNCiL VOLUME 22 REGULAR 5/~E ETib.{G them for new digital thermometers. This will help us do our part to keep the San Francisco Bay clean and preserve it for future generations. Mercury is harmful to the San Francisco Bay aquatic life and ultimately to humans who eat fish from the Bay. The Proclamation was presented to DSRSD Board Member Tom McCormick, who stated they have over 400 thermometers so far. This is important that they do this for the Valley. PRESENTATION BY CHILD CARE LINKS ON CHILD CARE ECONOMICS AND LAND USE ISSUES 7:05 p.m. 3.2 (950-70) Parks & Community Services Director Diane Ix)wart introduced Shauna Brown and Ellen Dektar who made the presentation. They stated they hoped to raise City Council awareness of the role child care plays in supporting Dublin's economy and general development. Dublin's licensed child care industry fuels Dublin's economy in two key ways. It generates $10.95 million annually in revenue and it directly supports 23:3 jobs and indirectly supports 17:3 more (food service, etc.). Child care is a fragile industry with few capital and quahty resources. State budget proposals could drastically reshape availability. Business invests 1%; 60% comes from family; and :39% from government. Child Care is fundamental support for employers/ jobs. Coordinating child care and transportation planning can reduce traffic and improve air. Play space can be creatively configured in dense development. Examples were given of ways cities support child care. Options for Dublin support for child care - new policies: Include child care in fee program for commercial and/or residential space, transportation plans and funding, general plans (nine other Alameda County cities do this), provide incentives for corporate child care. Projects: Incorporate child care in developer agreements and require child care center, land contributions, or other investments to migrate development impacts. Expand school based programs via planning and funding. Maintain reasonable fees and streamline/modify planning department permit processes for child care. Support State legislation to help child care field. Several bills are being introduced by legislators. Ms. Dektar stated they will be happy to meet with planning staff and serve as a resource for child care needs. C~T¥ C©~SNC~L M~NUTES V©LUME 22 PAGE I PRESENTATION BY BART ON THE STATUS OF THE 1-580 CORRIDOR/BART TO LIVERNIORE STUDY- PHASE 2 7:23 p.m. 3.3 (1060-60) At its meeting in December, 2002, the I~580 Corridor/BART to Livermore Policy Advisory Committee directed BART staff to evaluate several new transit concepts in addition to the BART to Livermore in the I-580 Median Alternative. This Phase 2 study will further define rail and bus options for a rapid transit network in the Tri-Valley Area that could provide an alternative to freeway congestion. Senior Civil Engineer Ferd Del Rosario introduced Alameda County Supervisor Scott Haggerty who thanked the City for the opportunity to speak. They've been working on this program for about a year and a half. This is important for our community. Congestion continues to get more prevalent and he stated he felt one of the best things would be to move an end of the line BART station out of the City. They are studying every option and he stated he personally leans toward the DMU project. Val Menotti with BART met with Tracy today. This is a project that is real The final report will be out in April They will give update tonight and answer any questions. He thanked Cm. Zika for representing Dublin on this project. Val Menotti presented an update and stated they looked at two alignments. They will bring their preliminary findings forward in late April. Tom Mattof with consultant firm working with BART looking at Phase 2. Phase 1 findings and phase 2 goals were discussed. Phase 2 goals would be to develop a rapid transit network that connects Tracy, Livermore, Hacienda Business Park Dublin/ Pleasanton BART, Bishop Ranch and potentially Walnut Creek. Examine additional DMU options. More sensitive travel demand analysis. More transit oriented development. He discussed DMU diesel multiple unit and heavy vs. light, with advantages and disadvantages of both. Light DMU may be best service for the Tri-Valley, but not for the Central Valley. Discussed transit oriented development potential around stations. Next steps refine alternatives refine transit oriented development sites and determine ridership, prepare detailed engineering feasibility and cost analysis, conduct travel demand and ridership modeling, identify feasible and fundable alternative. Cm. Oravetz stated he had heard that Congressman Pombo suggested they build a new freeway south of Modesto to connect to Santa Clara. Response was it is likely they will not cover this in their study. They will stick with what MTC has approved. Supervisor Haggerty stated the feeling is that project will spend at least 10 years in court. A transportation professional feels this will take at least 40 years to get this project done. Cm. Sbranti asked if there are any preliminary figures on the cost of this system. Response was the scope of the other project was to Livermore only. He can provide the phase 1 study for informational purposes. Cm. Sbranti questioned if this will replace express bus service as an alternative proposal or compliment it, specifically Greenville Road to the BART station? Response was they hope to serve that market. Supervisor Haggerty stated the expected ridership was well below 100. This information is in the study. Cm. McCormick asked about the trip from Bishop Ranch to Walnut Creek. Is this all above ground? Response was there may be short tunnels, but generally it is above ground. There may be short tunnels under the interchanges. It will not be on city streets. Cm. McCormick asked if our BART representative, Pete Snyder has weighed in on this. Response was Pete Snyder is chair of their policy committee and he is waiting for all the facts. Mayor Lockhart asked about numbers coming from the central valley and the amended general plans. They will be running two land use scenarios; ABAG's 2000 numbers and projected 2020. Supervisor Haggerty mentioned his support in working with everyone on the Juvenile Hall issue. C}~TY C©~llNC~L MINUTES V©L'UME 22 REGULAR MEETING INTRODUCTION OF NEW EMPLOYEE 7:52 p.m. $.4 (700-10) Lt. Glenn Moon introduced Sgt. David McKaig, who recently returned to Dublin Police Services, who previously served in Dublin from 1990 to 1999. PRESENTATION RELATED TO NEW LOOK OF CITY'S WEBSITE 7:54 p.m. $.5 (150-$0) Assistant City Manager Joni Pattillo stated it was a pleasure to present a sneak preview of the City of Dublin's new website. Special recognition should go to those individuals who came together to form the website team, including Amy Cunningham, Chris Foss, Ed Laudani, Fawn Holman, Gaylene Burkett, Ginger Russell, John Turner, Steve Pappa and Jim Chapin with citilinks. It takes a village to do a website. Brief highlights of the new website, which will go public tomorrow evening, March 5th, were presented. Cm. McCormick asked if we have a link to the Friends of Dublin website. Ms. Pattillo responded yes we do, through the use of Dublin Online. Cm. McCormick commented that she recently tried to print the Heritage Tree Ordinance from the Dublin Municipal Code and ended up printing a lot more than she wanted. Jim Chapin advised that through the new websit¢, you will be able to print by chapter. The Planning Commission agendas and minutes will also be included. Ms. Pattillo stated the intent is for this to be a living document and not static. The Council complimented Staff and commented they felt it looks great. Cm. Sbranti asked how many other community groups are linked. Mr. Chapin responded everyone we found, and there are a lot. V©LUME 22 REGULAR MEETING PAGE !16 Ms. Pattillo stated we used Dublin Online as a resource for linking. We are developing a formal policy statement in order to address a certain liability. We used pictures, but not to an exaggerated state. 8:08 p.m. David Haubert stated he and his daughter Katelin came to thank Cm. McCormick for coming to the School Board meeting last night and making them aware of Dublin Pride Week, and all the activities. They decided they would chip in and buy a rosebush for the School Board and also each member would buy their own. Checks were presented for 3 rosebushes, from the King family, his family and the School Board. He thanked the Council for the opportunity to participate in this event. They are really looking forward to this. CONSENT CALENDAR 8:10 p.m. Items 4.1 through 4.9 On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of February 18, 2003; Adopted (4.2 540-50) RESOLUTION NO. 31 -03 DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDER[lNG THE ABATE[~ENT THEREOF Approved (4.3 600-35) Change Order//13 ($245,000) for Contract 01-12, 1-580/ Tassajara Road Interchange Improvement Project Adopted (4.4 670-40) RESOLUTION NO. 32- 03 APPROVAL OF EASEMENT CONVEYANCES FOR RECYCLED WATER PUMP STATION R20A TO DUBLIN SAN RAMON SERVICES D~STR]CT (DSRSD) ON PARCEL B OF TRACT 6960 (TED FAiRFiELD NEiGHbORHOOD PARK) Adopted (4.5 G00-$0) RESOLUTION NO. 33 - 03 ACCEPTING IMPROVEMENTS FOR PARCEL MAPS 7i i 6 AND 7223 HACIENDA CROSSING AT OPEN WEST RETAIL PHASES ~, I~ AND (OPUS WEST CONSTRUCTION CORPORATION) Adopted (4.{3 600-60) RESOLUTION NO. 34- 03 ACCEPTANCE OF iMPROVEMENTS, TRACT 7181 SCARLETT PLACE {SCARLETT HOMES LLC, A CALiFORNiA L~MtTED L~AB~L~TY COMPANY) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Awarded (4.7 350-20) Purchase Order ($57,123.54) to Shamrock Ford for the purchase of three City trucks; Cm. Oravetz commented that on Item 4.8, this fundraiser event is coming up on March 3lYh and proceeds will $o to Kaleidoscope. Approved (4.8 820-60) Cm. Oravetz's request to designate a street within Dublin Ranch for naming by a non-profit organization (Kaleidoscope Activity Center) subject to provisions of the City of Dublin's policy for non-profit street naming; Approved (4.9 $00~40) the Warrant Register in the amount of $1,287,323.45. C~TY C©~iNC~L ?¥~NUTES ¥©L~iME 22 REGULAR M'EEIING PAG~ PUBLIC HEARING - VACATE PORTION OF EXISTING PUBLIC SERVICE EASEMENT (P.S.E.) ON HOUSTON PLACE 8:12 p.m. 6.1 (670~40) Mayor Lockhart opened the public hearing. Public Works Director Lee Thompson presented the Staff Report. This item would vacate 2 feet of a 10 foot Public Service Easement to allow a building to be constructed on the south side of Houston Place. There are no utilities in this 2 foot strip. The total area of the easement to be vacated is approximately 376 square feet and Staff considers this area to be excess. 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. McCormick, and by unanimous vote, the Council adopted RESOLL~T~ON NO. 35- 03 TO VACATE A PORT~ON OF EX~ST~NG PUBLIC SERVICE EASEMENT (P.S.E.) ON HOUSTON PLACE {STREETS AND H~GHWAYS CODE SECTION 8310 et seq.) PUBLIC HEARING REPEAL OF DESIGNATED NO PARKING ZONE ON HOUSTON PLACE 8:14 p.m. 6.2 (570-20) Mayor Lockhart opened the public 'hearing. Public Works Director Lee Thompson presented the Staff Report. This item would repeal a designated no parking zone on Houston Place, as this street was recently widened from 2 lanes with no parking to 40 feet which allows 2 lanes with parking on both sides. CN:Y COUNCIL MINUTES REGULAR :EET:NG PAGE 1~_9 No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 3~- 03 REPEALING DESIGNATED NO PARKING ZONE ON HOUSTON PLACE 2003 ST. PATRICK'S DAY CELEBRATION 8:15 p.m. 7.1 (950-40) Recreation Supervisor Bonnie Leonard presented the Staff Report. The City of Dublin will hold its 20th Annual St. Patrick's Day Festival the weekend of March 15-16, 2003. Events will include: Green & White Gala Dinner on Friday, March 14% a Pancake Breakfast on Saturday, March 15th, the Parade on Saturday, March 15th; the Festival on Saturday and Sunday, March 15th & 1 ¢% and a Fun Run on Sunday, March 16th. The web address is www.dublinstpats.com, and the Festival hotline number is (925) 833-6629. Cm. McCormick asked if there will be opening ceremonies on Saturday. Ms. Leonard responded 12:00 noon at the main stage by the library. Mayor Lockhart advised that we will have 12 Irish guests this year. The Knights of Columbus will be having a corned beef and cabbage dinner Saturday night at Shannon Center and the Chamber of Commerce is having their annual St. Patrick's Day lunch on Monday. C?'FY COUNC}{L MINUTES V©LUME 22 M~rc~ 4:, 20©3 DATE FOR GRAND OPENING ACTIVITIES FOR THE NEW DUBLIN PUBLIC HBRARy 8:21 p.m. 7.2 (220-10) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. The suggested dates for the two grand opening events are Thursday, April 10th for the preview Party and Saturday, April 12th for the Grand Opening Day Ceremony. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council approved the dates for the two events. ACCEI~ANCE OF WORK - MURRAY SCHOOL BELL TOWER 8:23 p.m. 7.3 (600-30) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report. In January of 2003, Staff, along with a representative of TGK Contracting completed the final inspection of the Murray Schoolhouse Bell Tower. Upon review of the project with the City Inspector, it was determined that the Contractor had successfully completed the requirements of the contract. A maintenance bond in the amount of $11,692 to guarantee against defects will be provided to the City at a future date. The City currently has an $116,920 surety bond, which will be relinquished when the maintenance bond is received. Cm. Zika asked when we will have the grand ringing of the bell. Ms. Alex stated with regard to the plaque which had spelling errors, Staff has investigated and a member of the Rotary Club offered to pay for a second plaque, if necessary. This approval is being sought from the Rotary Club Board on March 1 lth. If this is approved, we will proceed with installation and we are looking at late April or early May. Staff will come back with an actual date. She discussed investigation of damage which occurred to the school house in the back. Mayor Lockhart stated DHPA is ordering a flag pole. C~T¥ C©~JNCtL M~rN~iTES V©L~iME 22 REG ~iLAR MEETING PAG~ ~_2 t Cm. Sbranti suggested if possible that we do something in conjunction with Dublin Pride Week. Cm. McCormick asked about the damage that was done to the back of the school, which delayed acceptance. Ms. Alex stated it is white powdery material on the foliage. We will remove and dispose of the foliage. Mayor Lockhart stated she received a call from the Chamber reporting this. In the future, as we inspect a final project, we should circle the project just to make sure everything is okay. Ms. Alex stated while this was a very unusual situation, this will definitely be done in the future. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. 37- 03 ACCEPTING ~MPROVEMENTS TO AqURRAY SCHOOLHOUSE AND AUTHORiZiNG ACCEPTANCE OF A $4 ~,$92 ~gAINTENANCE BOND AT A FUTURE DATE CITY INITIATION OF GENERAL PLAN AMENDMENT STUDY FOR THE 19-ACRE UNION PACIFIC RAILROAD AND ALAMEDA COUNTY PARCELS ALONG THE IRON HORSE TRAIL 8:29 p.m. 7.4 (420-30) Planning Manager Jeri Ram presented the Staff Report. Staff is requesting that the City Council authorize initiation of a GPA Study to evaluate an appropriate General Plan Land use Designation for the 19-acre property adjacent to the Iron Horse Trail limited to Parks/Public Recreation, Public/Semi-Public or Open Space. Staff continues to receive inquiries from the public regarding what is to happen with this property. A letter was received from Attorney Katherine J. Hart via e~mail yesterday asking for continuance until Union Pacific can file application for GPA Study for residential and commercial uses. Kate Hart, 1999 Harrison Street, Oakland, on behalf of Union Pacific, referenced the letter she sent via e-mail. She reiterated their request that this item be continued for 1 1/2 or 2 months so they can complete their submittal so studies can run concurrently. She asked if there is currently money in the budget for the open space study. Ms. Ram stated this study will be done in house with existing Staff. Mayor Lockhart asked if the City Council was interested in deferring this item to include another study or to move forward as presented. Cm. Sbranti stated this issue has come before the Council more than once and the community has requested using the space for open space purposes. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 38- 03 APPROVING THE iNITiATiON OF A GENEP, AL PLAN AMENDMENT STUDY TO EVALUATE AN APPROPRIATE GENERAL PLAN LAND USE DESiGNATiON L]LYJ~TED TO: PARKS.~PUE~L~C RECREATION, PUBL~C,CSE~i-PUBL~C, OR OPEN SPACE FOR THE tg-ACRE S~TE DESIGNATED TRANSPORTATION CORRIDOR ON THE ABANDONED RAILROAD R~GHT-OF-W'AY AND ALAMEDA COUNTY LAND EMERALD GLEN PARK PHASE II ENVIRONMENTAL REVIEW AND AUTHORIZATION TO BID 8:37 p.m. 7.5 (¢00-30) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report. The 2000-05 Capital Improvement Program includes funding for the second phase of development of Emerald Glen Park. Phase II will complete the corner of the park at Tassajara Road and Central Parkway and will include a lake and trellis structure, a REGULAR M E }Z, TN~G PAGE ~23 maintenance storage area, temporary parking, and street frontage landscaping. Staff has completed the necessary environmental review and is prepared to advertise for bids. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUT~O~ ~0. 39- 03 ADOPT~OINI OF A M~T~GATED HEGAT~VE DECLARAT~OI~ AND MITIGATION MONITORING PROGRAM FOR PA 02-070 EMERALD GLEN PARK, PHASE ti And authorized Staff to advertise contract for bids. REPORT ON NEW WASTE DIVERSION FROGRAMS 8:43 p.m. 7.6 (810-60/850-10) Administrative Analyst Jason Behrmann presented the Staff Report which provided an update on the new diversion programs that were approved by the City Council in September 2002. These programs include an annual electronic and household hazardous waste collection event, a curbside used oil recycling program, and a commercial food waste recycling program. Mayor Lockhart asked about the new processing for food waste. How long has it been since we switched over and have we noticed any difference? Mr. Behrmann stated they changed over about $~4 weeks ago. Sheila Fagliano, Recycling Coordinator with WMI stated since that time she has been able to secure additional customers. Volume is steadily growing. They have been assisting with training. She talked about the food sorting process. Cm. Sbranti asked about the response from schools. Ms. Fagliano stated they had a presentation at the principal's meeting and she has had a couple of calls. The custodian staff is aware of what they are doing. The school program will incorporate the children sorting the trash. Ci{TY C©UNC~L MINUTES ¥©LUME 22 M~rc~ 4~ 2003 Cm. Sbranti asked if they had contacted St. Raymond's, Valley Christian Center and Quarry Lane schools. It is important to get children at an early age into recycling, so he suggested contact also be made w/th daycare centers. Cm. Oravetz asked about the appointment only situation. Mr. Behrmann stated we will not turn people away, as long as they are Dublin residents. We encourage people not to do this, but to make an appointment. Cm. Zika commented when we did something like this out in Livermore a few years ago, the line was 4 hours long. There were no appointments. He suggested if we do this, they should form two lines so those who made appointments are not inconvenienced. The Council thanked Staff for the report. DUBIJN RANCH AFFORDABLE HOUSING PROCESSING 8:54 p.m. 7.7 (430-80) Community Development Director Eddie Peabody presented the Staff Report. A report was presented to the City Council which discussed the feasibility of processing the entitlements for the Dublin Ranch Affordable Housing project on an expedited basis. The Dublin Ranch representative indicated on February 18, 2003, that in order for this project of high density 928~unit multifamily project with a significant affordable housing component to be financially feasible, the City would need to contribute the equivalent of $6.786 million to the project and complete the project entitlement process prior to the deadline of July 16, 2003 for applying for a State Housing Bond Allocation. In addition, the Applicant requested that the City waive any further inclusionary zoning and future possible commercial linkage requirements for the balance of Dublin Ranch and Wallis Ranch properties. Delay of certain 2002-03 Goals & Objectives will occur if this project is the highest priority. Proposed specific City financing from the Inclusionary Housing Fund will not be known until the Applicant submits a final proposal and financing plan and Staff has completed its evaluation of the proposal. The project, as currently known, would require the City to process the following entitlements: * Site Development Review Approval {2N?Y COUNC'!~L ~d~N~STES VOLUME 22 REGULAR MEETING PAGi, B · Density Bonus Approval · Development Agreement · Affordable Housing Agreement · City to issue bonds (includes hiring financial adviser, hiring bond counsel and hiring underwriter) Generally, a project of this complexity fast-tracked would take the City approximately 8- 12 months from start to bond issue. The entitlements would be phased over the one- year period. Mr. Peabody stated hopefully, Staff will be coming back to the Council on March 18th with a preliminary evaluation of the Applicant's financing request and potential City contribution for gap financing of the project and the impact of prevailing wage. Also, the issue of affordable housing credits, the potential for the development of affordable housing outside of the Dublin Ranch holdings, and the potential for for-sale units. Cm. Zika questioned the timing for the pre-application. Mayor Lockhart asked if we go through this process and they don't get the financial approval for the project, does it then just go back to the drawing board and have to start over? Mr. Peabody stated the applicant won't have financing. We can ask what happens to entitlement. There are a number of sensitive issues that can stop the project along the way. Martin Inderbitzen representing Applicant Dublin Ranch thanked Mr. Peabody for the Staff Report. They have tried to make sure everything is covered. If we lock arms, we can succeed and view this as a goal that is to be accomplished. This City Council has established a pretty ambitious goal to provide affordable housing for all segments of the community. Their response has been equally ambitious. This site is a wonderful location for high density housing and is right across from the town center. He distributed handout "2002 Goals, Policies, and Programs (of the 2002 Housing Elemen0". This will be a lot of work, there is no doubt about it. If we all want to succeed, we can do it. They are seeking direction tonight on whether they should continue working with Staff to go forward with this. Is the City interested in a grant from the City's housing fund, deferral of impact fees, etc.? The fine details are things that depend on the level of how ambitious the City is. Cm. Oravetz asked what happens if they don't get their funding on August 10th. Mr. Inderbitzen stated it doesn't mean the project is dead, but they will have to pursue another source of funding. There may be a larger equity on the part of the landowner. This is a good issue to talk about, what is their fallback position. Mayor Lockhart asked does it seem possible that the end result could be similar but somewhat different to accommodate the needs of the community? Mr. Inderbitzen stated there are several versions that this project could actually take. They may be able to revise the affordability numbers in the senior component. It is hard to have a moving target. They desire a stabilization of the project proposal. They didn't intentionally plan it this way. There is a great opportunity to get funding through this process, but they have to be ready by July. Cm. McCormick asked if they would consider reducing the scope of the project. Mr. Inderbitzen stated they've considered taking the senior element 320 units, and one phase of the residential component and put all of their obligation into those two elements. This leaves 1 / 3 of their project as market rate. Cm. Sbranti commented on issues of moving target, asking the City for potential loans, and fee deferrals - it's like a Catch 22 situation. He asked if they could submit more options such as a scaled back version with a little less City support and a more ambitious one with more City support. He stated this would give him a better idea of what he would vote for. Mr. Inderbitzen stated they try to figure out what works for the community and to deliver what works. It is a lot harder in a public environment to do this. They could offer a number of scenarios with variables and these would be impacted by the appetite of the City's involvement. This takes a lot of time. They have a proposal in, and he needs to know if the City wants it to be better. If this is the case, he needs to know what is better. Mayor Lockhart stated they need to address if they want to move this to the top of the list and look at a policy of funding this project. What other projects are we committed to? We can then look at moving the financial package along. The City Council has to make basic decisions first. City Manager Ambrose advised that Staff had included on list the transit center project with 3 housing projects with significant affordable housing and we have a timeframe to pursue a grant. The senior housing project also which is affordable has a timeline. Cm. Zika stated he would like to look at alternatives. He is scared to death, due to this various ambitious timeframe. This is a 55 year project. He would like to see less City participation with cash and if this results in fewer units, so be it. He was concerned about the concentration of units and felt they could be moved to other locations with no problem. If we go with this as designed we have committed $7 million cash and given 25% density bonus and allowed $43,000 per unit as subsidy, parking concessions less than 1 space per unit and this is over Vz mile from shopping. We do have other affordable housing things on the books and they don't seem to mind the prevailing wage issue. Who will operate this project, the Lin family or somebody else? He stated he did not feel in the time we have, we can identify this. This is too much too fast. He did not want to rush to judgment and in haste. Mayor Lockhart stated she understood Cm. Zika's concerns and hesitation and suggested they discuss basic policy issues. On the issue of grant versus loan, Cm. McCormick stated she would like to see it be a loan. Cm. Sbranti stated his preference would be loan. If he knew what we would be getting with a grant, we could potentially get more funding. He was hesitant to say definitely either one. Cm. Oravetz agreed and stated the reference of 3 of the Council is for it to be a loan. Mayor Lockhart stated she also favors loan. Cm. Zika asked if this would be a low interest loan? Mayor Lockhart stated this is something they would review and tell us how it would work. Mr. Ambrose stated depending upon the length, a loan may not work. We may need the money for other projects. Mayor Lockhart stated she supports a shorter term loan. Mayor Lockhart stated the next issue was fee deferral. Cm. Oravetz supports this. Mr. Ambrose stated Staff would like to bring back what fees we are talking about. We will have to be specific related to what types of fees we would consider and what the deferral process would be. Mayor Lockhart commented they've quoted right out of our own Ordinance. Cm. Zika pointed out you don't get all the options. C~T¥ C{IUNC~iL MINUTES VOLUME 22 R.P£G ULAR NiEET~NG PAGE Mayor Lockhart asked with regard to the basic size of the project, are we interested in looking a $ bedroom units. Cm. McCormick stated she was interested in the overall project and scaling it back somewhat. She would like to see it around 600 units. Mayor Lockhart stated she would not take it down to this size. Mr. Inderbitzen stated they have a 3 phase project, senior and two residential phases. They could limit the affordable to 2 phases on about 17 acres which would reserve the remainder of the site, or 7 acres for high density housing. What makes this project is they can get a 2 5% density bonus in order to make the market rate units attractive enough to carry the rest of the project. Mayor Lockhart stated the difference is, do you want it to be more affordable, or more balanced with market rate? Cm. Sbranti stated he felt there are a couple of different ways to look at it with different options. Each would have City commitment based on concrete numbers and have option a, option b, or option c. It is on the applicant to submit this by April 1 st for Council consideration. Mr. Peabody commented on the practical application. This is the schedule of what it takes to get something done. The more time it takes the City Council to determine the project, the more unlikely the deadline can be met. Mr. Ambrose asked if the SDR application would change if the number of affordable units were changed. The financing analysis portion would change. Mr. Inderbitzen stated the physical aspects won't slow the process, but it certainly changes the financial details. It will probably take them the rest of the month of March to run different scenarios. The financial consultant can generate some good financial data. Cm. Sbranti stated given the scope of what's being proposed, and given the size being asked for, he would like to look at some options, and then the City Council can make a decision. Mayor Lockhart stated she felt the parking issue needs to be discussed. We should have at least one parking space per unit. If this means a few less senior units, or reconfiguration, she wasn't sure. CO~iNC}iL M }'N{}TES VOLUME 22 REG'~ILAR M EET~NG PAGE !29 Mr. Inderbitzen stated they need to do a study to justify what the demand is. They've already committed to a study so they understand how this works. They will have a shuttle program to help offset also. Mayor Lockhart stated while they hope this meets the complete commitment for Dublin Ranch, should it not meet it based on environmental issues and other things, they are expecting to meet the figure. Mr. Inderbitzen discussed if the City wants a commitment to build 12.5%, they are willing, but if they overbuild they would like to discuss credits or some other considerations. Cm. McCormick stated she had problems thinking about this project that we are rushing just to avoid prevailing wages. Is there an answer out there? How will this impact the project? This is an important aspect of this. Mr. Inderbitzen stated their consultant will identify what that impact is. If they don't make the funding cycle, it will just be a harder project for them to put together. He didn't want to diminish this significant issue. Mayor Lockhart discussed the fact that there is a reason affordable housing has been exempted from prevailing wage requirement. Cm. Oravetz stated he felt prevailing wage should not be the issue that kills this project. He is not willing to do this. Mr. Inderbitzen explained that labor took a position that prevailing wage is important, but affordable housing is also important. They've picked a date when the new rules go into effect. Robert Kline stated the next cycle after July 1 Cth will be into January of next year. Labor would allow cities to get a down payment for affordable housing into place and give cities an advantage to get affordable housing done with new laws going into effect next year. Mr. Ambrose stated the Ordinance doesn't define what an expedited process is. Next January would still be an expedited process. Mayor Lockhart stated she was happy they are going to get figures on senior housing. Mayor Lockhart commented on the discussion regarding management for project of this size and felt we need to make sure the project is secured with people thoroughly familiar with affordable housing projects. There are special needs attached. Mr. Inderbitzen stated there is a clear understanding. Mr. Kline stated they understand this is a very sensitive area on which to focus. Legacy - they've had good experience with them and they've stated they must be equal to or better than Legacy. They are doing a very good job in San Jose with exactly this type of project. Additionally, they work with firewalls, or backup positions. A nationally known CPA firm provides audits annually as well as property site oversite reviewing property manager performance. Cm. Zika stated he would be particularly interested in looking at projects that are 10 years or older. Mr. Kline advised that the property owner and manager have primary responsibility after 15 years. The rental income stream from the affordable housing units is considerably small. This continues for the whole 55 years. Mr. Ambrose clarified that Staff should look at numerical units of 12.5% and loan vs. grant issue. Cm. Zika talked about the other 7 or 8 acres to have market rate units. Cm. Sbranti stated he would like to see an option for some for-sale moderate units. Mr. Ambrose stated the problem is our medium density goes up to 14 units. They may have to change the product type. Staff will review the 12.5%, look at for-sale units, loan vs. grant, or a combination and term of loan. Mayor Lockhart stated she really appreciates Staff. This is not an easy project. Our Staff has stepped up to the plate and will do their best to work on this project. Everybody has to be responsible if it is to happen. This is what the City Council has been talking about for years and years. Her goal is to take it to the next step and get the answers. She stated she hopes the City Council will support moving to the next level and getting answers regarding what they can support. On motion of Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council agreed, using Mr. Ambrose's list, to move forward to the next step. REGULAR ME~Ti~NG Cm. Zika stated he would vote for this with the caveat that he doesn't like the original proposal and something different may come forward that he could support. Cm. McCormick asked about the other projects on the list. Mr. Peabody stated Staff working on this project will be working on it solely for the next 5 months. Mr. Ambrose pointed out that he will be in the thick of a very difficult budget this year. Cm. Sbranti asked if, in terms of the transit center, MTC grant, staying on top of the EIR process for the Juvenile Detention Facility, the senior center project, these won't be affected? Mr. Peabody stated Staff will continue working on these. Mr. Ambrose stated he talked to Gene Slater and they will be prepared to review the results of the financial study on April 1st. Mr. Kline stated hopefully they can bring some answers and options on April 1 st and further information, if available, at the next meeting. RECESS 10:31 p.m. Mayor Lockhart called for a short recess. At 10:3~) p.m., the Council meeting reconvened with all Councilmembers present. APPROVAL OF FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS FOR IMPROVEMENT OF I~580/SAN RAIMON ROAD/FOOTHILL ROAD INTERCHANGE 10:39 p.m. 8.1 (600-50) Senior Civil Engineer Ferd Del Rosario presented the Staff Report. In order to construct the interchange improvement project, the City is required to enter into a maintenance agreement with Caltrans to establish maintenance responsibilities for the proposed improvements. A portion of the property is actually located within the City limits of Pleasanton. CITY C©UNC~'L M~NE}'TES ¥OL~i~ME 22 REGULAR MEET;SNG '}SAGE ~ 32 Cm. Zika verified that we get to run the signals. Mayor Lockhart asked what kind of landscaping there will be? Mr. Del Rosario stated it will be similar to rail and pilaster we have at other locations. There will be more enhancements with plant materials, crepe myrtles, perennials and some annuals on the northeast corner, all subject to Caltrans approval. They will be drought resisent consistent with City Council policy. The Council felt it is important that this area be maintained. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 40 - 03 APPROVING FREEWAY A~A~NTENANCE AGREEA,~ENT W~TH THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE ~PROVEMENT OF THE t-5801SAN P,&A~ON ROAD,~FOOTH~LL ROAD ~NTERCHANGE NO PARKING ZONE AT THE EAST INNER CORNER OF ASPEN STREET & PERSIMMON DRIVE 10:46 p.m. 8.2 (570-20) Public Works Director Lee Thompson presented the Staff Report. This no parking zone is being proposed to solve a sight line safety problem. The request is from the Dublin Police Department and the adjacent property owner concurs with the request. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 4~ - 03 APPROVING NO PARKING ZONE AROUND THE ~NNER CORNER OF ASPEN STREET AND PERS~'~',~ON DRIVE REPORT ON 2003 DUBLIN PRIDE WEEK ACTIVITIES AND ACCEPTANCE OF DONATIONS TO THE CITY 10:48 p.m. 8.3 (150~80/150~70) Assistant City Manager Joni Pattillo presented the Staff Report. Dublin Pride Week, scheduled for April 26-May 3, 2003, is an annual event which promotes the Dublin community. The event includes activities such as a school poster contest, T~Shirt design contest, and community improvement projects. Cm. Sbranti asked if the brochure is finalized with copies made already? If we are able to do the bell tower ir[ conjunction with this week, this would be good. Promote it during this week. Ms. Pattillo stated she will follow up with Staff on this. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted donations from Livermore~Dublin Disposal, Tri~Valley Herald, Dublin Chamber of Commerce, Dublin San Ramon Services District, Zone 7 Water Agency and Dublin Lions Club and directed Staff to prepare formal acknowledgements to the donors. ~ ASSEMBLY BILL 1886 ~ INCREASED FINES AND PENALTIES FOR TRAFFIC VIOLATIONS IN PROXIMITY TO OCCUPIED SCHOOL GROUNDS 10:57 p.m. 8.4 (580~40/660-40) Dublin Police Services Lt. Glenn Moon presented the Staff Report. AB 1886, which was recently enacted by the California State Legislature and signed by the Governor, provides for increased penalties, including double fine amounts, for certain defined traffic violations that occur in school zones. The funds accrued from these increased penalties are set aside for school pedestrian and bicyclist safety and education programs. This is a pilot program in Alameda, Ventura and Santa Barbara Counties. It is good until January 2007, unless extended beyond that. V~ LUN!E 22 'REGULAR MEETING Cm. Sbranti asked if tl~e City will have to reauthorize it in January 2007 or does the state legislature? Lt. Moon stated it is up to the state legislature. Cm. Oravetz asked when this would go into effect. Lt. Moon responded that Staff will work with the County Auditor/Controller on where the citation money goes and on posting signage. Once accounts are set up and signage is in place, we can enforce this. Cm. Oravetz stated he felt we need to give a clear message to the school kids that the fine is doubled. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO, 4:2 - 03 ADOPTING ~NCREASED F~NES AND PENALTIES FOR, TRAFFIC WOLAT~ONS COMMITTED ~N PROXiMiTY TO OCCUPIED SCHOOL GROUNDS PROPOSED PUBLIC SAFETY LINE OF DUTY DEATH PROTOCOL AND PUBLIC SAFETY MEMORIAL ALTERNATIVES 11:03 p.m. 8.5 (610-20) Assistant City Manager Joni pattillo presented the Staff Report. The Public Safety Memorial Committee, comprised of representatives from the City Council, City Manager's Office, Dublin Police Services and the Alameda County Fire Department, has developed a proposed Public Safety Line of Duty Death Protocol, as well as investigated and developed alternatives for a Public Safety Memorial. The purpose of this Policy is to ensure that, in the event of a line of duty death, Public Safety members are honored and memorialized in a timely and appropriate manner. A future budget allocation from the General Fund will be required in the range of $5,000 - $15,000. The final amount required will be dependant on the City Council's selection of a Public Safety Memorial. Alternative 1 would be to place a Memorial Plaque in the interior of the Civic Center in the General Administration wing. Estimated cost would be $5,000 ~ $7,000. Alternative 2 would be a Public Safety Statue to be located along the west wall of the center courtyard of the Civic Center. Estimated cost would be $45,000 with an additional $10,000 - $15,000 for a brick or granite pedestal for the statue. Mayor Lockhart asked if we are looking at removing a bench? Ms. Pattillo stated the thought was that it would fit between the two benches and maybe remove some of the concrete. Staff would review the materials to make sure it is compatible with the building. Mayor Lockhart and Cm. Zika both stated they liked the statue. Ms. Pattillo stated she wished to recognize the efforts of the committee: Cm. Sbranti, Deputy Fire Chief Gilbert, Fire Captain Roca, Chief Gary Thuman and Lt. Glenn Moon. Mayor Lockhart asked about the issue of street naming. City Manager Ambrose stated there is a considerable expense if you try to change a name. The committee talked about the possibility if a street were available. Mayor Lockhart stated she felt we may set up an expectation that we can't meet. Cm. Sbranti stated this came up in discussions with Staff and it was felt this may not be the best policy. The wording was changed to "if a street became available". Ms. Pattillo read from the policy: "Street Naming: If the oppo~uni& to name a street is available then a staff person from Ci& Manaser's Office ~qll contact the family of the fallen officer to see if they would like a City of Dublin street to be named in honor of their deceased family member. The request would then be processed throush the CiO,'s established street namin$ procedure." Mayor Lockhart stated she would rather see no written policy related to street naming. We could still do this if the opportunity presented itself. This would not give a family the expectation. Cm. McCormick asked about the 4 figures shown on the display statue. Ms. Pattillo stated the committee would bring back an appropriate plaque for City Council approval. On motion of Mayor Lockhart, seconded by Cm. Sbranti, and by unanimous vote, the Council supported the Public Safety Line of Duty Death Protocol policy with removal of the section referencing street naming and selected Alternative 2, the statue. CITY OF DUBLIN COMMENT LETrER ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT, ALAMEDA COUNTY JUVENILE JUSTICE FACILITY & EAST COUNTY HALL OF JUSTICE 11:16 p.m. 8.6 (420-20) Planning Manager Jeri Ram presented the Staff Report. A draft comment letter was presented for the City Council's review on the draft EIS/EIR, Alameda County Juvenile Justice Facility and East County Hall of Justice. The Council was asked to review and approve the letter in concept and authorize Staff to send the letter. Cm.. Sbranti stated he felt the letter was excellent and thorough. The County states the objectives of this project early in the EIR and talks about it being convenient for the families. There are 7 or 8 bullet points and he felt there are a lot of contradictions in their objectives. The other issue is the social aspect of warehousing kids in this facility and to warehouse kids in the shadow of Santa Rita and the Federal Correctional Facility are additional arguments that we could raise. Cm. McCormick stated she felt we should bring up the gun range issue. Ms. Ram stated both comments of Cm. Sbranti are addressed in the letter, as well as the firing range. Cm. Zika asked if we mention that the proposal had to be acceptable to the community? City Attorney Silver stated she thought this was included, but would double check. Cm. Oravetz stated he felt things may be about to unthaw and that Supervisors Haggerty and Miley may be wearing down. Mayor Lockhart stated Nate Miley and Keith Carson are both opposed to locating in Dublin. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council approved the draft letter and authorized the City Manager to sign and send the letter to Michael Houghtby, Field Representative, State of California Board of Corrections. OTHER BUSINESS 11:24 p.m. City Manager Ambrose advised that for the I~ 580 HOV project, Caltrans and Alameda County CMA will be conducting two public information meetings; one in Pleasanton and one in Livermore. Cm. Oravetz stated he felt the Saturday morning meeting with the Commissioners was a good meeting and he would like to see us do this twice a year. He thanked everyone for attending the East Bay Division meeting held in Dublin recently. Cm. McCormick reported that she attended an 1-680 TAC meeting and they are recommending an express bus down 1-680 in a dedicated lane to connect Walnut Creek BART with Dublin BART. She also attended an Alameda County Library Foundation meeting and they are working on the grand opening of the new Library. She thanked all who attended the joint City Council/Commission meeting Saturday. C~TY C©EJNC~L M~NL~TES REGULAR MEETi[NG PAGE ii$8 Mayor Lockhart reported on the 91 st Division Training Support invitation for Thursday March 6th at 6 p.m. at Windom Garden Hotel. Mobilization ceremony will be on Friday, March 7th at 10 a.m. on the soccer fields at Parks RITA. They apologized for snafu that we did not receive invitation sooner. Major Michelle Sutek is working on this project. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:29 p.m. Mayor ATTEST: City Clerk CiTY COUNCiiL M}iN UTES REGULAR MEETING PAGE