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Item 4.01 Draft CC 04-01-2003 Min
CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel I. ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 subdivision (b)(f) Facts and Circumstances: Government Code Section 54956.9 subdivision (b)(3)(B) City Contract No. 01-03 Civic Center Library Improvements 2. EXISTING LITIGATION Government Code Section 54956.9 Subdivision(a) Name of Case: City of Dublin v. Dublin Land Co., Alameda Superior Court No. V-018100-2 A regular meeting of the Dublin City Council was held on Tuesday, April 1, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no action taken. 'PROCLAMATION 7:03 p.m. 3.1 (610~50) Mayor Lockhart read a proclamation declaring April 6~ 12, 2003 National Library Week, and urged everyone to visit the City's new Library on April 12th for the grand opening ceremonies. Cm. McCormick accepted the Proclamation on behalf of the Library Foundation. ACCEPTANCE OF GRANT FROM THE TRI~VALLEY COMMUNITY FOUNDATION 7:06 p.m. 3.2 (150-70) Police Chief Gary Thuman presented the Staff Report. Dublin Police Services is requesting Council approval to accept a $5,000 grant from the Tri~Valley Community Foundation. These funds would be used to increase funding available for printing of Crime Prevention Parent Resource Handbooks. Cm. Sbranti asked about the plan to distribute the handbook. Chief Thuman stated they have done some through Neighborhood Watch and through City events and some to the schools as well. Cm. Sbranti suggested using the Youth Advisory Commission. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted the $5,000 Grant; accepted and directed Staff to execute the Conditions/ Restrictions Agreement; approved the Budget Change; and directed Staff to prepare a formal acknowledgement to the donor. ACCEPTANCE OF GRANT FROM THE ALTAMONT CRUISERS 7:08 p.m. $.$ (150-70) Police Chief Gary Thuman presented the Staff Report. Ri6G~i}LAR ApF~ 1{? 2ee3 PAG~ Dublin Police Services is requesting Council approval to accept a $1,000 grant from the Altamont Cruisers. These funds would be used to purchase safety and informational signage for Police Services Crime Prevention Unit Bicycle Rodeos. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council accepted the $1,000 grant; approved the Budget Change; and directed Staff to prepare a formal acknowledgement to the donor. 7:11 p.m. Daniel Letz, Dublin resident, provided background information to the City Clerk and asked that the City Council support America Supporting Americans (ASA) to provide moral support to our military men and women through an adoption program. This is a non-profit organization. He requested that this be put on a future agenda. Mayor Lockhart directed Staff to place the request on a future agenda. 7:12 p.m. John T. Collins, Sr., indicated that it was his understanding that City Council suggested a committee be formed for an oversized vehicle ordinance. Some people look on this as a fate accompli. There is to be another meeting before it goes to town hall meetings. He was under the impression that this is a closed committee meeting, and asked if he could attend the April 9th meeting? Mayor Lockhart stated that all meetings are open to the public. The committee formation was advertised in the newspaper and this is where the committee members came from. Staff also advertised on the City's website and on CTV$O. Assistant City Manager Joni pattillo advised that the meeting on Wednesday, April 0th is at ~; p.m. Mayor Lockhart stated there is a cross variety of people on the committee studying the issue. Every aspect of the community is represented. CITY C©UNC~L M~iNUTES V©LUME 22 REGULAR MEETING Apri~ ~, 29{}5 PAG!~ 200 7:16 p.m. Mary Beth Acuff, speaking as private citizen tonight, read her statement regarding a draft resolution of the USA Patriot Act. The text of the resolution was developed by Tri- Valley residents, using several sources. The same resolution will be introduced to the ['leasanton and Livermore City Councils. The group, called Save Our Rights, is also working with the library commissions in all three cities. She already anticipates some objections to this request is that it has nothing to do with the City. Whether or not any of the provisions of the USA Patriot Act ever affect the City, all of those who live in the City feel the potential effects. 7:22 p.m. Stephanie Ericson, Dublin resident, supported what Ms. Acuff has stated so well, and encouraged the City Council to put this on the agenda and look at all thc aspects of this law. It is very broad and sweeping. It is unconstitutional and, as representatives of local government, you are sworn to uphold the Constitution, as have hundreds of other agencies because of their concern about how it will affect their citizens. Cm. Oravetz asked what the vote was when this was passed. Ms. Acuff responded that the vote was almost unanimous. Some have regretted the speed with which it was passed. CONSENT CALENDAR 7:24 p.m. Items 4.1 through 4.9 Cm. Sbranti pulled Item 4.3. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March 18, 2003; Authorized (4.2 600-35) Staff to advertise Contract 03-06, 2002-03 Annual Street Overlay Program for bids; Adopted (4.4 670-40) RESOLUTION NO~ 5i -03 )NTENT TO VACATE EXCESS RIGHT-OF-WAY ON DUBLIN BOULEVARD ~DENT~F~ED AS PARCEL C ON PARCEL A{AP 7395 (STREETS AND H~GHWAYS CODE SECTION 83i0 et seq.) Adopted (4.5 600-60) RESOLUTION NO. 52- 03 ADOPTING AN AMENDMENT TO THE TRACT DEVELOPER AGREEr~ENT FOR TRACT 7075 (TASSAJARA CREEK PHASE ~ BY GHC ~NVEST[~ENTS, LLC) EXTEND COmPLETiON DATE TO APRIL i$, 2004 Adopted (4.6 600-30) RESOLUTION NO. 53- 03 APPROVING AGREEMENT BETWEEN C~TY OF DUBUN AND SHAMROCK FORD, FOR ~AINTENANCE OF LANDSCAPING ALONG ~-580 Adopted (4.7 600- 30) RESOLUTION NO. 54 - 03 APPROVING A~ENDI~ENT TO AGREE~.IENT W~TH L~NHART PETERSEN POWERS ASSOCIATES (LP2A) C~iT¥ C©~iNC}iL V©LU'SIE 22 REGULAR PA~GiE 202 Adopted (4.8 600-30) RESOLUTION NO. 55- 03 APPROVING AMEND~,~ENT NO. 4 TO AGREEMENT W~TH WSH~NGTON ~NFRASTRUCTURE SERVICES, INC. (FORMERLY ~K CENTENNIAL), FOR CONSULTING SERVICES FOR THE W)DEN~NG OF DU~L~N ~OULEVARD FRO~ V~LLAGE PARKWAY TO S~ERRA COURT and approved a Budget Change of $50,000 from Gas Tax reserves; Approved (4.9 300-40) the Warrant Register in the amount of $4,746,336.25. Cm. Sbranti pulled Item 4.3, Acceptance of Work - Swim Center Roof Replacement Project, and asked what happened to cause the roof problem and massive leak. Parks & Community Services Manager Paul McCreary stated the skylight wasn't properly covered and a small leak caused damage to the copier. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted (4.3 600~ 35) improvements under Contract 02-13 and authorized the release of the retention $6,975.86, less the cost of a replacement copier, after $5 days if there are no subcontractor claims; Mayor Lockhart stated Cm. McCormick reminded her that a 3/5 vote is required to place something on the agenda. Cm. McCormick stated she is interested in both issues brought up under oral communications (America Supporting Americans and the U.S. Patriot Act) being placed on a future agenda. A majority of the City Council concurred. VO L~:/?-¥: g 22 R:EGULAR MEETING Apr: I.~ 2903 ?AGE 203 REQUEST FROM DUBLIN UNIHED SCHOOL DISTRICT FOR ADDITIONAL FUNDING FOR COMPUTERS FOR OUR SCHOOLS PROJECT 7:27 p.m. 5.1 (515-60) City Manager Richard Ambrose presented the Staff Report, indicating that the Dublin Unified School District is requesting an additional $9,500 in matching funds for the Computers for Our Schools Project. The FY 2002-03 Budget included $10,000 for capital support and another $125,000 in operational support for the project. To date, a total of $9,900 has been expended as matching funds. Katina Lewis and Linda Holloway, Chairs of the Tech Committee, stated they raise about $10,000 every year to purchase computers. This has been an absolutely wonderful thing for students at the High School. Every single student is on the computers at least weekly. They do an annual drive through United Way and an annual telethon with many students calling. Cm. Oravetz asked what kind of computers are they buying; PC's or Apples? The response was the School district is purchasing PC' and clones. Cm. Sbranti stated there have been so many good things that have happened as a result of technology. On motion of Mayor Lockhart, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO~ 55- 03 AUTHORiZiNG ADDiTiONAL FUNDING FOR THE "COMPUTERS FOR OUR SCHOOLS PROJECT" MATCHING MONEY AGREEMENT FOR F~SCAL YEAR And authorized a Budget Change in the amount of $9,500. CTEY C©UNC~L M~NUTES REG ULA. R ~ziE ET[NG April i ~ 2093 PAGe; 204 PUBLIC HEARING CITY OF DUBLIN ZONING ORDINANCE AMENDMENT PA 03-002 7:36 p.m. 6.1 (450-20) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report, indicating that this is the second reading of an Ordinance, which would amend the Dublin Zoning Ordinance, Chapter 8.12 - Zoning Districts and Permitted Uses of Land, Chapter 8.76 - Off-Street Parking and Loading Regulations, and Chapter 8.100 - Conditional Use Permit of the Dublin Zoning Ordinance. These amendments will allow for the conversion of garages to living space in R- 1, Single-Family Residential Zoning districts by means of a Conditional Use Permit. John Collins stated he had never heard the first reading of this Ordinance, so questioned how this could be the second reading. Mayor Lockhart advised that the first reading of the proposed Ordinance had taken place at the last Council meeting. City Attorney Silver explained that the Council waives the reading of the Ordinance, rather than reading the Ordinance aloud in full. A copy of the proposed Ordinance is posted and is available to the public. Mayor Lockhart closed the public hearing. Cm. Oravetz stated the last time they voted on this, it was 3-2 (Zika/Oravetz opposed). After much consideration from both points of view, indicated that he would still oppose the proposed Ordinance. Cm. Sbranfi stated he did not feel the proposed Ordinance would cause e2ra parking on the street and cause a widespread problem. Cm. Zika stated he is also against the Ordinance and was concerned about parking problems. He referenced a new law coming in July, whereby without any permits, any house can put on a second unit and the City cannot deny them or cannot require them to have a parking spot. C©L~NC~L M~NUTES V©L~i'5<~ E 22 REG~iLAR MEETING Ap~H l~ 2003 PAGE 205 Mayor Lockhart disagreed with that interpretation of the proposed new law, and stated that the City Council can review it. Cm. McCormick stated she is still not fully comfortable with the proposed Ordinance, but she has heard from people who have said they converted their garages in the last 15 years and none of them rent the units; most use it for a '~granny." On motion of Cm. McCormick, seconded by Cm. Sbranti, and by 3/2 vote (Oravetz/Zika oppose), the Council waived the reading and adopted ORDINANCE. h]O. 4- 03 AMENDING CHAPTER 8.12 Z. ON~NG DISTRICTS AND PERMITTED USES OF LAND, CHAPTER 8.76 OFF-STREET PARKING AND LOADING REGULATIONS, AND CHAPTER 8.100 CONDITIONAL USE PERMIT OF THE DUBLIN Z. ONING ORD]NANCE PUBLIC HEARING WEEDS AND COMBUSTIBLE REFUSE ABATEMENT ORDER 7:49 p.m. 6.2 (540-50) Mayor Lockhart opened the public hearing. Fire Marshal Theresa Johnson presented the Staff Report, advising that in accordance with Resolution No. $1-05, the City Council declared that there is a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks and property within the City of Dublin. This public hearing will allow property owners to present objections to the abatement order. Cm. Sbranti asked how many notices were sent out. Ms. Johnson stated normally about 300 notices, but this year a little less. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. C~LT¥ COUNCIL M~NUTES ?AGE 206 On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council directed Staff to continue with the weed abatement process. FINAL DESIGN FOR BUS SHELTER ART PROJECT 7:51 p.m. 7.1 (600-30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report, indicating that the City Council approved the conceptual design of the Bus Shelters by Artist Dan Dykes in November 2002. The final design options were presented to the Council for approval for fabrication of the bus shelters: Design A: The perforated stainless steel screen at the end of the shelter is also covered on the inside of the shelter with an acrylic panel for added protection. · The bench tiles are ceramic. The disadvantage of the ceramic tiles is that if they chip, they will need to be repaired for aesthetic purposes. · The open disk on the central column will remain clear sky space. Design B: · The perforated stainless steel screen for wind protection will not have an acrylic panel. · The bench tiles are a muted green slate. The advantage of the natural stone is that if it chips, it will be unnoticeable and will not require repair. · The open disk on the central column will have an acrylic panel etched with the simple clover of the City seal. This will allow light to still shine through the disk. Mayor Lockhart stated she liked design B. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council approved Bus Shelter final design B. ¥©L{dME 22 REGULAR ¢~5E ETtNG ApF~ '~. 2003 PAGE 207 FAIRWAY RANCH AFFORDABLE HOUSING PROJECT 8:01 p.m. 7.2 (430-80) Planning Manager Jeri Ram presented the Staff Report, advising that this item is being brought back before the City Council for review of the proposed financial package and issues relating to the proposed Fairway Ranch Affordable Housing Project. At the February 18th and March 4th City Council meetings, the City Council conceptually considered a proposal by the Lin Family to construct a 928-unit project in Dublin Ranch Area B with 629 affordable units designed to satisfy the inclusionary zoning obligation for the remainder of Dublin Ranch. The Dublin Ranch representative indicated that in order for this project 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. At the February 18th meeting, the City Council directed Staff to prepare a report that would evaluate the financing request, the impact of paying prevailing wage on the project, the issue of affordable housing credits, the potential for the development of affordable housing outside of the Dublin Ranch holdings, the potential for for-sale units, the feasibility of processing the project within the timeline requested by Dublin Ranch and the impact of the timeline of the proposed project on other City projects. At the March 4th City Council meeting, Staff presented a report that included the Entitlement Process and approximate timeframes and the current Community Development Department project list as well as impacts to the workload on other City Departments. The City Council directed Staff to continue working on the project and deferred work on some other high priority projects until August, 2003. Since the March 4th meeting, Staff has met with the Applicant to clarify the information needed to complete the City's preliminary evaluation of the proposal. Staff has secured the services of a specialist in Housing Finance, CSG Advisors. C~TY CO %]'NC~L M}{.NtiTES REG'~!LAR ?~{ EET~iNG A?i~ }~.~ 2003 PAGE 208 The Staff Report discussed a review of applicable requirements, including: 1) Zoning and General and Specific Plan Designations; 2) Inclusionary Zoning Regulations; and 3) Density Bonus Regulations and Statute. The Staff Report discussed benefits for the Applicant, including: Bridge Loan; Density Bonus; Reduced Cost to Dublin Ranch of Providing Inclusionary Units; Marketability of Dublin Ranch; and Requested Exemption From Commercial Linkage Fee. Benefits for the City include: Additional Affordable Units; Deeper Affordability on Low Income Units; Earlier Affordable Development; and Built Affordable Units. Staff has been meeting with the Applicant on a regular basis to discuss SDR application issues. Staff has not received a complete pre~application packet that was required to be submitted by March 5, 2003. In addition, Staff is concerned about the length of time that it is taking to work out issues related to the site. Issues that remain unresolved are fire access and on-site parking. Prior to May 19, 2003, Staff will be preparing an analysis for the City Council on the following issues: · Parking Standards for the project · Any changes to the financial plan · Additional information on project experience by the Applicant of managing and operating additional projects that are 10 years or older. Staff requested that the Council provide direction on whether Staff should continue processing the Application. If yes, provide direction on whether to proceed to complete the financial terms of this proposal as recommended by Staff which consist of: A. Financial assistance (loan) not to exceed $4.5 million for Phases I & II in equal increments. B. A 3% compounded interest rate. C. No waiver of future commercial linkage fees for Dublin Ranch commercial areas. D. Other issues that have been agreed to by the Staff and Applicants. E. Review and resolve whether to provide a loan for the project which will assist the applicant to construct the project without paying prevailing wage rates. F. Review and comment on applicant's proposal for construction, management and long~term operation of the proposed project. VOLUME 22 REGULAR MEETING Apr~ ~ 20@3 PAGE 209 G. Provide direction to Staff on Inclusionary Zoning/Density Bonus unit counting. Cm. Sbranti referred to Recommendation #G, and asked for clarification. City Attorney Silver provided a lengthy legal discussion regarding density bonus. Information received as of today was distributed. Cm. Sbranti asked about the financial difference between a simple interest $% vs. compounded. Mayor Lockhart responded there would be an approximate $400,000 difference. Cm. Zika asked for a quantification of the marketability of Dublin Ranch. Gene Slater, Financial Consultant, stated that the value of meeting the Inclusionary Ordinance would be that the Applicant is exempted from the requirement on the rest of the land. The value of that is the cost per unit. The total value over time is approximately $:35 million, or $16 million present value. Martin Inderbitzen, along with Robert Kline, Jim Tong and several other consultants were here to address any questions. He opposed the City Attorney's interpretation of the State's density bonus regulations. The City's inclusionary zoning ordinance sets a 12.5% requirement/target. They seized upon this opportunity to provide a significant amount of affordable housing and this project will produce results far beyond what was even thought of when the Ordinance was adopted. They know there are funds out there today and they want to go out and get them for our City to help meet its goals. The commitment of the 25 acres to this project is a tremendous asset. It gets harder to provide affordable housing in communities. They will build a substantial number of units over which would be built and provide increased opportunities for people. What they ask for in City assistance is very modest. An overhead projector presentation outlined their requests and the outcome of those requests: expedited processing - yes; waiver of processing fees - no; deferral of impact fees - no; credit for excess units - no; 25% density bonus - disputed; full compliance with inclusionary zoning ordinance for Dublin Ranch - disputed; grant of $6,786,000 from housing fund - no (instead $4.5 loan with interest repaid within 6 years); and reduced parking requirements - disputed. In an adjacent city there is a $65 unit project which provides 86 below market units and they are waiving lots of fees for a net benefit of $1.1 million or $15,000 per unit. C}[TT C©UNC~L M~N'U"FES V©LU>fE 22 REGULAR MEET]iNG PAGE 210 Mr. Inderbitzen stated they seek direction on the mix of units. Mayor Lockhart referred to the matrix of for-sale units and confirmed that there are 2¢ moderate, 10 low, 1 ¢ very low income units, and confirmed that there were a total of 52 affordable for sale. Mr. Inderbitzen stated that it's a market rate project with 52 for-sale units are all moderate rate for 55 years, per Council direction. Cm. Zika stated he assumed the 3 bedroom units will have 2 baths. Mr. Inderbitzen responded yes. Cm. Zika asked how many Senior affordable units included 2 master baths. Robert Kline stated 76 units will be 2~bedroom/2~bath (one master bath and one guest bath). Only the market rate units have two large bathrooms. Mr. Inderbitzen reiterated that they are asking the following: 1) resolution on the mix of the units and the layout of the project; 2) resolution of the loan term and the amount; and 3) resolution on the issue of full compliance with the ordinance and a waiver of the commercial linkage fee, which is not currently in place. To get a fee in place, the City would have to conduct a nexus study to rationalize that there is a rational relationship between the commercial development that would occur on the Dublin Ranch property and the impact on housing that would be generated as a result of that commercial development. They would also like to have a resolution to the parking issue. They have a desire to make sure the parking program for each one of their projects works, and are motivated to make sure it isn't excessive. Parking is provided at a rate based on an established ordinance. When parking spaces that go unused, it drives up the cost of affordability. The requirement of 1.9 spaces per unit for seniors is 1.33 to 1, and the Inclusionary Ordinance provides for a reduction of parking where appropriate. The Waterford project mixed use is at less than 1.9 to 1. The City's own senior project is at 1.5 to 1. Their survey tells them it should be about 1.5 to 1 average. Their commitment would be 1.8 on condos, 1.5 on family apartment and 1 to 1 on the senior project. It is an expensive challenge to get the parking. The simple versus compound interest would become a factor. Generally, parking is about $12,000 per space. On the issue of long term management, Legacy Properties or its equivalent will be the property manager for both projects. Legacy will be retained on a consulting basis during the predevelopment phase of the projects to advise the Project Team on marking and operational issues that influence project design. Upon completion of the projects, Legacy will rent the units, C~[TY CO~NC}~L M~N~ITES VOLUME 22 REGULAR MEETi~NG ~AGE 211 manage the units and have primary responsibility for compliance with the City's bond and tax credit affordability requirements. They would like to leave this evening with clear direction from the Council. Cm. Zika questioned the issue of seniors being 55 and why not ¢2? Mr. Inderbitzen stated this is a standard they can identify through a lot of state and federal financing options. Robert Kline stated ¢2 is a federal standard unit. They are pushed to show the greatest need possible and you expand the market even further at 55 instead of ¢2. Cm. Zika stated his concern is that at 55, most people are still working, and they usually have at least 2 cars. These units are over half a mile from any shopping, so the seniors will have to have some kind of transportation. Mr. Inderbitzen stated it is exactly ¢/10th of a mile from the Waterford project and there will be transportation available. There has been little guidance from the City regarding definition of senior. Cm. Sbranti asked what standard they used in their study? Mr. Inderbitzen stated originally they used ¢2 and came up with .8 parking units for seniors of 55. Mayor Lockhart pointed out there are a lot of singles in that age group. Cm. Zika stated Waterford has the option of overflow parking into the commercial area. Mr. Ambrose reminded the Council that the SDR is not before the City Council this evening. They have not presented a concrete proposal. Cm. Zika asked about subordination of the loan and encumbering another piece of property? Ms. Silver stated the City would get a deed of trust on some other land in Dublin Ranch with 3 times the value of the loan. Subordination is a different issue. CSiTY COUNC~.L M~NUTES REGULAR MEETING $ ~x. ~ 212 Mr. Inderbitzen explained that the loan would go into the financing package, but the security would be a separate issue. The City wants to guarantee they will get its money back in t3 years. Robert Kline advised that they researched other examples of subordination where cities did not subordinate its inclusionary requirements to the mortgage. They are trying to make sure they can comply to get triple AAA rated bonds. This is the lowest subsidy he has seen in his $$ years dealing with affordability housing. The efficiency of the financing is very important, and he stated they will provide a full report to Staff and the City Council. Curtis Susuki, Arbor Creek Circle, stated he has been a resident of Dublin since 1 f)90 and is currently employed with the San Jose Housing Department. He is proud of what Dublin is trying to do with housing. They deal with many of the same issues in San Jose. Mark Schlitt, Creekside Court, stated he was here in February and also represents the Executive Board of the Tri-Valley Interfaith Forum. It is exciting to see the City Council taking such a proactive aPproach to affordable housing, and encouraged the Council not to underestimate the value of being able to provide low income units for these folks. This is the hardest kind of building that can be accomplished, but will make a huge difference to struggling people. Mary Beth Acuff, Dublin resident, questioned the ability to not pay prevailing wages. The project sounds very interesting and she likes the use of mixed neighborhoods. She felt a red flag on prevailing wages. Cm. Zika stated he had concerns about information that was to be submitted $O days ago that has not yet been submitted. If we are this late early in the process, what's going to happen later? Mr. Inderbitzen responded they are working very hard to cooperate with Staff. Mike Porto is doing a remarkable job, working over the weekend. Reality is whether or not they have provided substantial enough information for Staff to move forward. They are more at risk than the City. By Council consensus, Staff was directed to continue to process the application. The Council determined that Recommendation A and B should be combined for discussion. C}JTY CtDUNC~L V©LiiME 22 iREG ULAR PAGE 213 Cm. Oravetz stated he would support simple interest. Cm. Zika stated he felt compound interest would maintain the integrity of the fund. Cm. Sbranti asked what the City's precedent for loans has been. Ms. Abdala stated the senior housing is 3% simple interest, but for only $250,000. Mayor Lockhart stated the value of the project, the location and the speed of development are important issues. She stated she was waiting for someone to convince her one way or the other. Cm. McCormick stated leaned toward simple interest. Cm. Sbranti stated he could support simple interest. Mayor Lockhart stated she could live with this. By consensus, the Council agreed to simple interest. Mayor Lockhart referred to the commercial linkage fee, stating that getting affordable units was worth more than a fee and this balances the commercial impact to the housing. The ultimate goal is to mitigate the impact of commercial businesses in our community. They have made the case that they will provide enough housing for affordable workers they will bring to the area, so she supports no commercial linkage fee. Cm. Sbranti also supports a waiver of this fee. Mr. Ambrose stated that Staff will look at senior units, which typically don't impact jobs. Cm. Oravetz agreed with waiving the commercial linkage fee, as they are building 162 extra units. Cm. Zika cautioned that the City was setting a very dangerous precedent. If the City forgives this fee, and the County will be in here next week wanting us to forgive its fee. By a consensus, the Council agreed to not apply the commercial linkage fee to this project. C~TY C{)UNC~L M~NUTES VOL. UME 22 REGULAR HEET~NG April 1~ 2{}03 PAGE 214 Regarding the mix of units, by consensus the Council indicated it was satisfied with the mix. Regarding the issue of prevailing wage, Mr. Ambrose advised that prevailing wage does have a lot of impact on the ability for the project to proceed. Cm. Sbranti stated he did a lot of research on this. Part of SB 975 was a compromise between labor and home builders for a one-year period only. After January 1, 2004, any affordable project will use prevailing wage. With expedited approval, the City can do part of the project avoiding prevailing wage. One or two phases will most likely use prevailing wage rates. By consensus, the Council agreed to provide a loan for the project which will assist the applicant to construct the project without paying prevailing wage rates. Mr. Ambrose asked the Council for determination as the issue of management and long term operation. Cm. Zika stated he asked for some projects 10 years old that he could look at. He is not familiar with Legacy or Lincoln. Mr. Kline stated he would be happy to provide a list. Mayor Lockhart stated the people who put the money on the line want this to be successful as does the City. She would like a list of names and see properties that have been around for awhile. Cm. Sbranti stated they have a lot of incentive to make sure the project is done well, particularly since the project is right next door to condos. He agreed he would like to see some examples. The consensus was the Applicant should provide more information. Mr. Ambrose asked the Council for direction regarding the issue of density bonus and inclusionary zoning, which would provide some important policy direction for Staff. He assumed that, with this project, the Council is comfortable with the package. However, in terms of future projects, should those units double count? Cm. Zika stated no, the goal is to get units. C~T¥ CG'~JNC~L M~N~'TES VOLUME 22 Apr,1 f., 2003 PAGE 215 Mayor Lockhart suggested doing it on a project-by-project basis? Mr. Ambrose stated yes, but a determination would provide the developers of future projects and Staff with direction. Cm. Sbranti stated he could not make a decision on this complicated issue tonight. Mr. Ambrose pointed out it is part of the Applicant's current proposal. If the City Council feels comfortable with the proposal as it is currently proposed, that the Council will not apply the density bonus ordinance by counting the units separately, that would be fine. By Council consensus, it was determined that the issue of density bonus and inclusionary zoning, as presented in the current proposal, was acceptable. The issue of density bonus and inclusionary zoning for future projects would be brought back before Council. Ms. Ram advised that Staff is working with the Developer on parking and they just received information today. Staff suggested bringing that information before Council after Staff had the opportunity make an analysis. Mr. Inderbitzen stated they need direction that tells them whether or not they will be able to take advantage of some parking reduction. It would be helpful if they had some flexibility. Mr. Ambrose stated he felt that the City Council needed to have all the facts before providing direction. The Council agreed. Mr. Inderbitzen stated he would like to take away some sense that the City Council will support flexibility on parking. They want to make sure the parking works. He was concerned that to make parking meet the ordinance, it may not make the project work. The more demanding the Council is on parking, the less affordable the project becomes. Cm. Sbranti stated the Council has made a lot of concessions and, hopefully, the Developer can work with Staff on this. Cm. McCormick asked if they would be looking at the green building ordinance at the next meeting. Mr. Ambrose replied that Staff has not had a chance to work on the green building ordinance. This project has impacted Staff's time significantly. AUTHORIZATION TO SOLICIT BIDS FOR CONTRACT 05~04 LIGHTING FOR FREEWAY UNDERPASS ARTWORK PROJECT 9:55 p.m. 8.1 (1300-35) Public Works Director Lee Thompson presented the Staff Report, indicating that this project would install a row of light fixtures above the murals on the walls of the two freeway underpasses. The construction budget for the lighting portion of the project is $105,950. Mayor Lockhart asked if fluorescent used more energy. Mr. Thompson stated that fluorescent is an energy saving bulb. Mayor Lockhart asked about turning the lights off part of the day. Mr. Thompson stated the lights would have a dimmer for daytime which can be set up with a photosensor or timer. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council authorized Staff to advertise for bids. LETFER OF PARTICIPATION AGREEMENT FOR MULTI-FAMILY AFFORDABLE HOUSING GREEN BUILDING DESIGN ASSISTANCE 10:01 p.m. 8.2 (810-60/600-40) Housing Specialist Julia Abdala presented the Staff Report, indicating that in December of 2002, the City Council approved Dublin's application for participation in the Multi- Family Affordable Housing Green Building Design Assistance along with Eden Housing, C~iTI/ COUNCIL }~4[NUi?'~i.$ V©LU?~SE 22 April l~ 2003 PAGE 217 Inc. The application was for green building design assistance in developing the affordable senior housing project at the former library site. The City of Dublin was selected to participate in the Green Building Design Assistance program along with the Cities of Livermore and Alameda. The Alameda County Waste Management Authority is ready to begin providing the design assistance to Eden Housing, and the development team for the senior housing project. In order to allow for this design assistance to begin, it is necessary to enter into an agreement with Alameda County Waste Management Authority. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council authorized the Mayor to sign the Letter of Participation Agreement. KOLB PARK PLAY EQUIPMENT PROPOSALS 10:02 p.m. 8.3 (350-20) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report, indicating that in January of 2003, the City Council authorized Staff to distribute a Request for Proposals for the Kolb Park Play Equipment Replacement Project. Five proposals were submitted by the deadline. Upon review by Staff and the Parks & Community Services Commission, the proposal by NorCal ~isure Sales is recommended to the City Council for approval. Cm. Sbranti asked how the structure for ages 5 ~ 12 compared with size of equipment at the Dublin Sports Grounds. Ms. Alex stated in terms of the number of play elements, this one is larger because of the two separate play areas. The slide has a little more of a height advantage. Mayor Lockhart asked if the project was handicap accessible. Ms. Alex stated that two handicap ramps will be supplied and a wheelchair transfer station will access to the deck components. Certain criteria must be met and all the play proposals have met the requirements. Cm. Zika asked about old fashioned swings and teeter/totters. Ms. Alex stated there will be swings. Cm. McCormick stated she appreciates the green building manufacture. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council approved the play equipment design and authorized Staff to issue a Purchase Order for the equipment DEDICATION OF MURRAY SCHOOL BELL TOWER 10:13 p.m. 8.4 (910-40) Parks & Community Services Director Diane 'Lowart presented the Staff Report, indicating that, as part of the reopening of the Heritage Center, Staff recommended having a dedication ceremony to ring the new bell. The Mayor and City Council, and a representative from the Rotary Club, the Dublin/San Ramon Women's Club and the Dublin Historical Preservation Association are being asked to do the honor of the first ringing of the new bell. The original suggested date for the ceremony was Thursday, May 1st, at 6:00 p.m., but there is apparently a conflict. Following discussion, the Council selected the date of April 29th at 6:30 p.m., and requested that Staff check with all the groups to see if this works. ACCEPTANCE OF WORK CIVIC CENTER LIBRARY IMPROVEMENTS CONTRACT 01 ~05 10:17 p.m. 8.5 (600-35) Parks & Community Services Director Diane Lowart presented the Staff Report, advising that in May of 2001, the City Council awarded the contract for Phase I of the Civic Center Library Improvements to NV Heathorn, Inc. The base bid was $11,852,182. This project is primarily funded through Public Facility Impact Fees, with additional funding from the General Fund. C~.T¥ C©UNC~L }~'i[NUTES V©L}-dME 22 REGULAR MEETING Apr~ 1~_~ 2003 ?AG~ 219 Work under the Contract for Phase I included construction of the entire building and site improvements. Furnishings, cabling and books were completed under separate contracts or agreements. Phase 2 will be the opening of the already improved expansion areas (approximately 10,000 square feet) and furnishing of these spaces. With the exception of some minor punch list items, work under the Contract is complete. It is anticipated that the punch list items will be complete no later than April 10, 2003. In the event they are not completed, a change order to shift the unfinished items to warranty items will be negotiated. In addition, the Contractor is requesting a Change Order to cover additional expenses incurred during the course of the project. These expenses include additional labor and materials for the building construction and include such items as added structural requirements, fire proofing, added lighting, and functional design changes. The City Attorney has reviewed this information and concurs with the proposal to pay $120,402 to the Contractor for this extra work. This Change Order requires City Council approval. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council approved the Change Order, authorized the City Manager to accept the final improvements for Contract 01 ~05 upon completion of the remaining minor punch list items, and adopted RE$OLUT~O~ NO. 57 = 03 COND[~T~O[~AL ACCEPTANCE OF )~PROVE[~ENTS CO~TPJ~CT 0~03~ DUBL~H PUBLIC L~BRARY APPROVAL OF STREET NAME CHANGE FROM ALTAMIRANO WAY TO MARTINELLI WAY 10:19 p.m. 8.6 (820~60) Public Works Director Lee Thompson presented the Staff Report, indicating that the proposed naming of a street to "Martinelli Way" is a recommendation to honor Adolph Martinelli, Alameda County Planning Director, who is now retiring from County service and who has been invaluable in the coordination of the development of County owned lands with the City of Dublin. C~T¥ CG~%i'NC~L M~NUTES VOL~iME 22 REG ElL,AR M E~T}~NG PAGE 220 Cm. McCormick stated that Mr. Martinelli has played a major part in our City. She would like to see something a little more significant and suggested Digital Drive become Martinelli Way. Mayor Lockhart liked the idea of this suggestion, noting that it is a fairly prominent street. Cm. Oravetz stated he could support the suggestion. Cm. Sbranti stated he could support this. The name "Digital Drive" doesn't fit anymore. City Attorney Silver advised that the agenda statement is very specific. She suggested the Council indicate a consensus on a street other Altamirano Way. The alternate street can be included on the consent calendar for the next meeting. By consensus, the Council directed Staff to return to the April 15, 2003, meeting with a consent calendar item to rename Digital Drive to Martinelli Way. OTHER BUSINESS 10:£6 p.m. Mr. Ambrose indicated that he had received an email from East Bay Regional Park District to coordinate dedication of Iron Horse Trail, which offered two event dates to prioritize: either May 17 or May 31 at 11:30 a.m. They were also requesting Council to designate a speaker for the event. After discussion, the Council gave May $1 as the first choice, May 17 as the second. Mayor Lockhart will speak on behalf of the City. Mr. Ambrose reminded the Council that Dublin San Ramon Services District would be celebrating its 50 year anniversary on Tuesday, April 8, from 5-7 p.m. Cm. Oravetz advised that he had attended a League policy meeting in Sacramento. The East Bay Division meeting this month will be April 17 at Wente Winery. The Kaleidoscope street name was purchased by Rick Lewis for $5,500. The event raised $110,000 total. REGULAR MEETING PAGE 221 Cm. McCormick advised that she has been working on Dublin Pride Week and the new Library, as well as attended workshop on second units. Mayor Lockhart echoed congratulations to DSRSD on its 50th anniversary. She attended the ribbon cutting ceremony last Saturday for Arlen Ness. They have a wonderful operation and it is an incredible facility. She thanked the Police Department, who helped out Saturday afternoon. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:32 p.m. Mayor ATFEST: City Clerk