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HomeMy WebLinkAboutItem 4.01 Draft CC 04-15-2003 MinCLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Legal Counsel 1. Existing Litigation - Government Code Section 54956.9(a) Name of Case: City of Dublin vs. Dublin Land Co., Alameda Superior Court No. V- 018100-2 A regular meeting of the Dublin City Council was held on Tuesday, April 15, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 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. ~ PROCLAMATIONS 7:04 p.m. 3.1 (610~50) Mayor Lockhart read a proclamation declaring April 26 - May $, 2003 Dublin Pride Week, and urged everyone to participate.in all the events planned for that week. Vice Mayor McCormick and Councilmember Sbranti, Dublin Pride Week Committee Members, accepted the Proclamation on behalf of the Dublin Pride Week Committee. 7:05 p.m. $.2 (610~50) Mayor Lockhart read a proclamation declaring April 28 - May 4, 2005 Mosquito, Vector Control and West Nile Virus Awareness Week Dr. Harvey Scudder, Dublin's representative on the Alameda County Mosquito Abatement District Board, accepted the Proclamation on behalf of the Mosquito and Vector Control Association of California and urged everyone to educate themselves on these issues. PRESENTATION BY EAST BAY REGIONAL PARK DISTRICT (EBRPD) ON THE IRON HORSE TRAIL DEDICATION 7:08 p.m. 3.3 (930-30) Public Works Director Lee Thompson presented the Staff Report, indicating that the City of Dublin, Alameda County and EBRPD have been working together to construct the last segment of the Iron Horse Trail in Dublin, located between Amador Valley Boulevard and the Dublin/Pleasanton BART Station. EBRPD has indicated its desire to dedicate this segment of the Iron Horse Trail on May $1,2003, and would like to partner with the City in this endeavor. EBRPD has asked that Dublin set up a City information booth with literature and commemorative gifts during the event. To support this event, it is proposed to allocate up to $1,000 from the City's General Fund. It is project that Council community promotional funds budgeted for FY 2002-2003 will not be adequate for this event, and a budget change from Unallocated Reserves is therefore recommended. Carol Johnson, East Bay Regional Park District Community Relations Manager, gave a brief presentation regarding the grand opening events and invited the Council and the community to attend. The dedication will take place on the trail, and there will also be a trail safety fair that day, as well. Different agencies, including the City, will be giving away educational information to the public. Cm. Sbranti asked if EBRPD was planning to connect the trail to the potential future location of West Dublin BART station. C!~TY C©UNC~L ¥©L~JME 22 REGULAR i%iEET~NG A. pr~ ~5~ 2ee3 Ms. Johnson advised that a variety of options would be studied, but it depended on funding sources. Vm. McCormick asked if the grand opening event would be well advertised. Ms. Johnson advised that there would be plenty of publicity. Many community leaders, as well as local and regional elected officials will be invited to attend. On motion of Vm. McCormick, seconded by Cm. Oravetz and by unanimous vote, the Council directed Staff to support EBRPD's efforts and provide a City information booth with literature and commemorative gifts for the event; authorized up to $1,000 to provide commemorative gifts to attendees of the event; and approved a Budget Change in the amount of $1,000 to Council community promotional funds from Unallocated Reserves. PRESENTATION BY POLICE SERVICES ON HOMELAND SECURITY/EMERGENCY PREPAREDNESS 7:15 p.m. 3.4 (520-30) Police Chief Gary Thuman presented the Staff Report, advising that, in response to current world events, Staff prepared this report which highlights the City's emergency plans and response procedures as well as how businesses, families and individuals can prepare for any emergency. Fire, Police, Public Works and Disaster Preparedness Staff, along with other agencies, have been actively involved in planning and preparing for any emergency situation that may arise. It is imperative that citizens have provisions for the first 72 hours of an emergency. Educational materials related to homeland security and emergency preparedness for businesses, families and individuals can be obtained on the City's website (www.ci.dublin.ca.ns) or at the U.S. Department of Homeland Security's website (www.readz~?ov). Cm. Sbranti commended Police Services for the community workshops they have been hosting. The Council thanked Chief Thuman for his presentation. C~7-~Y C©UNC~L MINUTES VOLUME 22 REGULAR MEETING Ap~i~ 15, 2803 PUBLIC COMMENT 7:21 p.m. 3.5 John Collins, Dublin resident, asked when the Oversized Vehicle Ordinance town hall meetings would be held. Assistant City Manager Joni Pattillo advised that the three meeting dates would be announced in the newspa.pers, posted at the City's three public locations and on the City's website. CONSENT CALENDAR 7:25 p.m. Items 4.1 through 4.10 On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of March 31, 2003, and Regular Meeting of April 1, 2003; Adopted (4.2 600~30) KESOLUTION NOo 58 - 03 APPROVING AMENDMENT TO AGREEMENT WITH TRI~VALLEY JANITOP, JAL SERVICE FOR CITY FACILITIES JANITORIAL SERVICE And authorized the Mayor to execute the amended agreement; Adopted (4.3 600~40) RESOLUTION NO. 59 - 03 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALA,MEDA REGARDING THE COIMtMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL \~.AR 2003-2004 C.~TY C©UNC!{L M.~NUTES VOLUME 22 REGULAR MEET;~NG Ap~i~ ! ~ 2003 PAGE 226 And authorized the Mayor the executed the agreement; Adopted (4.4 600-30) RESOLUTION NO. 60 - 03 APPROVING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND RBF CONSULTING TO PERFORM CIVIL ENGINEERING AND LAND SURVEYING SERVICES THROUGH JUNE 30, 2005 And authorized the Mayor to execute the agreement, not to exceed $100,000 through the period between April 15, 2003 through June 30, 2005; Adopted (4.5 820-60) RESOLUTION NO. 61 - 03 APPROVING THE RENAMING OF DIGITAL DRIVE TO MARTINELLI WAY Adopted (4.6 350~40) RESOLUTION NO. 62 - 03 DECLARING CERTAIN ITEMS AS UNCLAIMED AND SURPLUS PROPERTY And authorized Staff to proceed with transfer of property to the auction company; Received (4.7 330~50) Financial Reports for the Month of March 2003; Approved (4.8 600-35) Change Order No. 3 in the amount of $126,358.75 for Contract No. 01 ~ 10, Dublin Boulevard Widening Project from Village Parkway to Sierra Court/Civic Plaza; CITY COUNCIL MEN'UTES ¥'OLTiME 22 REGULAR Apr~ 15~, 2003 Adopted (4.9 600~$0) ~SOLU~ON NO. ¢5 - 03 ACCEPTING IMPROVEMENTS TO CIVIC CENq'ER LIBRARY And authorized Staff to accept maintenance bond of $1,755 from Data~Com Cable, Inc., at a future date; and Approved (4.10 300-40) the Warrant Register in the amount of $5,794,093.49. PUBLIC HEARING VACATE EXCESS RIGHT-OF-WAY ON DUBLIN BOULEVARD WEST OF ARNOLD ROAD IDENTIFIED AS PARCEL C ON PARCEL MAP 7395 AND ACCEPT REPLACEMENT RIGHT-OF-WAY IDENTIFIED AS PARCEL D 7:26 p.m 6.1 (670-40) Mayor Lockhart opened the public hearing. Public Works Director Lee Thompson presented the Staff Report, indicating that in 1994, the City acquired right-of-way for Dublin Boulevard, east of the Southern Pacific Railroad right-of-way, via a Quitclaim Deed from the United States Army. This original alignment of Dublin Boulevard followed the present southern boundary of the Parks RFrA property, terminating at Arnold Road near the current intersection with Central Parkway. The City subsequently adopted the Eastern Dublin Specific Plan, which necessitated the adoption of a new Precise Plan Line for Dublin Boulevard from Iron Horse Parkway to Hacienda Drive to better accommodate developer of the Santa Rita property, thus making obsolete the segment of Dublin Boulevard and immediately west of Arnold Road. Opus West Construction, working on behalf of the Alameda County Surplus Property Authority, has since constructed the roadway improvements along the new alignment and removed the roadway along the former alignment. To formalize this shift in alignment, the Surplus Property Authority agreed to grant the City right-of-way for the new alignment in exchange for the City's abandonment of the original alignment. The C~TY COUNCIL iMi~iNUTES VOLUP~.E 22 REG U LAR BiEET}iNG Apri~ ~.5, 20©3 PAGE 228 abandoned right-of-way could then be merged with the County's parcel bounded by the former alignment, the new alignment, and Arnold Road. Staff has followed the abandonment process in accordance with Streets and Highways Code Section 8310 et seq., including a Resolution of Intent to Vacant adopted by the City Council at its meeting of April 1, 2003. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLLrlION NO. ~4 - 0S RESOLUTION TO VACATE EXCESS RIGHT-OF-WAY ON DUBLIN BOULEVARD IDENTIFIED AS PARCEL ~C" (STREETS AaND HIGHWAYS CODE §8310 et seq.) AND ACCEPT REPLACEMENT RIGHT~OF-WAY IDENTIFIED AS PARCEL ~D" FROM PARCEL NLAP 7395 <~ PUBLIC HEARING SITE 15A GENERAL PLAN AMENDMENT AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT, PA 02-041 7:28 p.m. 6.2 (420-30) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report, indicating that the subject property, referred to as Site 1 SA, is located in the development/planning area known as Emerald Park at the northeast corner of Arnold Road and Dublin Boulevard. The northerly boundary of Site 15A abuts the south side of Central Parkway. The current property owner i.s the Alameda County Surplus Property Authority, which is also the Applicant for the current request/proposal. Site 15A is vacant, totaling 15.6 gross acres, and currently designated for High-Density Residential. The Applicant is requesting that the land use designation be changed from High-Density Residential to Campus Office. At this time, no development plan is proposed. Uses allowed by the Campus Office Land Use Designation include professional and administrative offices, technical data centers C~TY C()UNCiL M~NLTTES V'©LI/i'¥~ E 22 REGULAR MEETING Apr~ ~.5~ 2@{}3 PAG ~[3229 and computer serving facilities, training and conference centers, corporate offices, research and development laboratories and offices, parking structures, support structures and other similar non~govermnental uses. The proposed land use amendment for this site is consistent with the existing and proposed uses on the surrounding and adjacent properties. There will be no net increase of nonresidential land use only a redistribution of existing campus office square foot. Cm. Zika read the footnote on Page 2 of the Staff Report, which stated "Alameda County is considering a proposal for a potential future County courthouse facility on Site 1 SA. The City has advised the County that a courthouse facility would not be permitted in the Campus Office land use designation. The land use designation would need to be changed to Public/Semi Public." He noted, for those who thought there might be a courthouse if the City changed it the Campus Office, that it would not be possible under this designation. Cm. Sbranti asked/f the 1.5 million square feet of office was before or after the proposed change. Mr. Porto indicated both; the square footage was just being redistributed. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. ¢5 - 03 ADOPTING A MITIGATED NEGATIVE DECLARATION, STATEMENT OF OVERRIDING CONSIDERATiONS AND MITIGATION MONITORING PROGR~Sdvl FOR PA 02-041 ~ ALAMEDA COUNTY SITE 15A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENTS RESOLUTION NO. ~¢ - 03 APPROVING PA 02-04 i FOR GENERAL PLAN AND EASTEF, N DUBLIN SPECIFIC PLAN AtMENDMENTS TO CHANGE THE LAND USE DESIGNATION FOR SITE 15A TO CAMPUS OFFICE CFFY C©UNC[L Ns71N~iTE8 ~/©LUME 22 REG~ULAR MEETiING Apr~ 15~ 2083 PAGE 230 PUBLIC HEARING DUBLIN TRANSIT CENTER MASTER DEVELOPMENT AGREEMENT 7:33 p.m. 6.3 (600-{30) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report, indicating that this is the first reading of an Ordinance approving a Master Development Agreement between the City of Dublin and Alameda County Surplus Property Authority for the Transit Center Development. Items in the Development Agreement include, but are not limited to, the financing and timing of infrastructure; affordable housing, a public art contribution, and conveyance of parkland. As this is a Master Dublin Agreement, all future specific developments proposed for the Transit Center must enter into Development Agreements to comply with the Eastern Dublin Specific Flan. Alameda County Surplus Property Authority has requested a credit against any future commercial linkage fee for the additional residential units they will provide above the City of Dublin required 12 1/2% affordable housing requirements. Depending on the amount of the future Commercial Linkage Fee, the County intends to use the credit on any of its property that would be subject to the future Fee. Staff does not support the County's request to provide a credit of $2,670,512 toward a future Commercial Linkage Fee for the following reasons: 1) The County proposed and the City approved the General Plan/Specific Plan Amendment and a Stage One PD Rezoning which was predicated upon the County building 15% affordable housing as part of the Transit Center project; 2) The County's representative previously requested that credits be provided for only those units that exceed 15%, not 12 V2 %. The change in the County's position occurred only after the Council's action on the Fairway Ranch project, which provides considerably more affordable housing than the Transit Center project; and 3) The Development Agreement provides the County with the guarantee that the City will not change those entitlements approved to date for a period of up to 15 years. It also allows the County to cluster the affordable units, which is contrary to the provision of the Inclusionary Zoning Ordinance. Building 2 1/2% more affordable units without credit and required by the Ordinance is part of the consideration which the City receives in exchange for providing the County with a long-term Development Agreement. Pat Cashman, Alameda County Surplus Property Authority, indicated that he was in total agreement with all aspects of the Master Development Agreement. Staff's characterization of the County's request for waiver is very accurate, even with respect to the timing of where it came from. Although the County would like to have the same C~T¥ C©~'NCIL M~NUTES consideration that the Lin Family received, as they are headed toward the same goal of creating more affordable units than the Ordinance called for, the County will withdraw its request for a waiver. However, the County is asking for some understanding with Council that, in the future, when the County comes forward with proposals on affordable housing, that if they find a need and opportunity to ask the Council for some assistance in that project that the County would not be told by City Staff or Council that the Development Agreement precludes that. The County was not asking for a commitment or obligation, just for the Council to keep an open mind in the future. The County did not believe that this request would require any language change in the Development Agreement. City Manager Richard Ambrose advised that if the requests for concessions are in respect to Inclusionary zoning units, it would fly in the face of the Ordinance. If it is for units in excess of the Inclusionary units, there might be some flexibility. Mr. Cashman stated that was why he focused on the 2 ½%, $7 units. He put forth the proposal to remind everyone how expensive these units are and to put things into perspective. Cm. Sbranti clarified that this proposal was for the units above 12 V2 %? Mr. Cashman agreed. Mayor Lockhart asked why the County was talking about 12 ½% now, when they were talking about 15% in December. Mr. Cashman advised that at one time the County had talked about as much as $0%; however, they never said they would do wholly on their own account. Mayor Lockhart asked if the County was now saying they would do 12 1/2% and City should do 2 1/2%? Mr. Cashman stated that they are not asking the City to provide any units. They are just asking for future consideration in assistance, if they come forward with a proposal, to use a first-time homebuyer support program or a short loan, etc. Cm. Sbranti reviewed the Ordinance and indicated that, after 12 ½% the spirit of the Ordinance was to look at potential incentives to get more than 12 ½% and to provide flexibility. He would not have a problem listening to the County's future proposals. C~'TY C{}~JNC}iL M~NUTES V©LUM.}£ 22 REG~SLAR MEE. TiNG PAGE 232 Mr. Ambrose advised that this issue had not come up in the Development Agreement discussions. The County has been given considerable consideration in protecting entitlements on Campus Office for 15 years. There is a quid pro quo here, and if there is a feeling that there is a request for a $2 million loan, Staff would need to look to see if the funds are available. The issue should be raised in the context of a Development Agreement. Cm. Zika advised that the City had already given many concessions, including clustering affordable units. He agreed with the Mayor regarding the percentages coming down, and is very reluctant to go below 15%. He would be willing to look at assistance over 15%. Cm. Oravetz advised that he agreed with Cm. Sbranti; anything over 12 ½% should be looked at with flexibility. He clarified that the County had withdrawn its request for a waiver? Mr. Cashman indicated yes, the request for waiver had been withdrawn. He expressed concern about the low and very low-income projects that required three rounds of funding out of the State and the Feds. The County may not achieve the level of funding they are hoping for, which would be them in a struggle between the quality of the development, the County and the Developer's investment in the project, and the City's expectations on quality and level of subsidy. These types of projects work om.better when the City's becomes a partner, even in a small way. City Attorney Elizabeth clarified the terms of the Master Development Agreement, indicating that the Stage One Planned Development mandated 15% affordable units. The County would get a credit for anything over 15% affordable. One credit equals one Inclusionary unit. Mr. Cashman advised that the County is addressing the basic program, which is 15%, which will result in 37 units over the general requirement. Above 15%, the project would be earning credits and the County wouldn't be looking for support above 15%. Ms. Silver advised that credit and assistance would be double counting. But for those 37 units which are between the 12 k~% and 15%, the County was suggesting that, in the future, when the Developers come in for those Stage 2 PD, they may ask the City for assistance for those units. This is not anything that has been discussed previously. There is nothing in the agreement that requires or precludes that; it is silent on that issue. Mr. Cashman advised that he was looking for clarification regarding that silence. C!!TY C©UNC'~L M~N'(JTES VOL. UH~ 22 REGULAR MEET~{NG PAGE 233 Cm. Zika stated that he was not in favor of giving additional assistance. The City has already allowed for many concessions. Vm. McCormick asked if Council wanted to make some provision in the agreement, without obligation on either side, would the agreement need to come back to Council? Ms. Silver advised that language could be added, but she didn't think it was necessary because the Development Agreement did not preclude it. Council further discussed the issue and agreed that 15% was still important; however, the Council would listen to possible future proposals. There was no testimony entered by the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council denied Alameda County Surplus Property Authority's request for a credit against future Commercial Linkage Fees, if adopted; waived the reading and INTRODUCED the Ordinance approving the Master Development Agreement between the City of Dublin and Alameda County Surplus Property Authority. Mayor Lockhart noted for the record that the County withdrew its request for a fee waiver. PARKS RFrA GENERAL PLAN AMENDMENT STUDY REQUEST, PA 03-015 ~):05 p.m. 7.1 (420~$0) Associate Planner Kristi Bascom presented the Staff Report, indicating that in a letter dated March 1 $, 2002 the Office of the Chief, Army Reserve requested that the City commence with a General Plan Amendment Study to allow for the eventual transfer and private development of 187 acres of Army property on the south end of Parks RFrA along Dublin Boulevard. The City Council reviewed the request at its meeting of April 2, 2002 and had concerns about the proposal itself as well as the commitment of staff time to complete the study. At that meeting, the Council voted to table the request for one year. In a follow up letter dated March 1 ~3, 2005, the Director of Army Reserve Division request that the Council reconsider the Army's request to begin a GPA Study. Additionally, the Council has preliminarily adopted this item as a high priority on its 2003-2004 Goals & Objectives. Staff will work with Parks R}TA to develop a way to involve the community in the planning process, determine feasible uses for the land based on City policies and standards, and develop a workable land and circulation plan. Staff would also conduct a detailed review of the proposed project in relation to City goals, policies and ordinances. Vm. McCormick indicated that she was willing to move this request forward; however, she felt that Staff should not to work on this project before August. It should not interfere with other projects. Mayor Lockhart commented that, while she agreed that it should not take away from other high priority projects, if there was any part of this proposal that the Army could do in preparation for further work with the Council, they should be encouraged to do so. Mr. Ambrose indicated that the traffic study might be done in advance and would not involve the Planning Staff. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLUTION NO. G7 - 03 AUTHORIZING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR THE U.S. DEPARI~IENT OF DEFENSE, DEPARTMEN~F OF THE ARMY, AR/MY RESERVE DIVISION FOR 187 ACRES AT THE SOUTHERN PORTION OF PARKS RFTA, ASSESSOR PARCEL NUMBER 98¢~ 1 ~ 1 - 15 (PARTIAL}, PA 03-015 APPROVAL OF CONTRACT TO PURCHASE RIGHT-OF-WAY FOR THE VILLAGE PARKWAY IMPROVEMENTS - AMADOR VALLEY BOULEVARD TO DUBLIN BOULEVARD PROJECT 9:10 p.m. 8.1 (600-30) Public Works Director Lee Thompson presented the Staff Report, indicating that as part of the project entitled Village Parkway Improvements - Amador Valley Boulevard to Dublin Boulevard, which as designed to beautify that section of Village Parkway, a plaza is to be constructed at the intersection of Village Parkway and Lewis Avenue. In order to construct the plaza, the City must acquire a portion of the property located at 7033 CFR? C©UNC~L HP~'{.JTES VOL~ZHE 22 REGULAR Apr~ ~5,, 2003 Village Parkway, which is approximately 534 square feet in area. The $18,900 market value of the property was based on an appraisal prepared by the consultant, Associated Right-of-Way Services, and approved by Council. This amount was offered to the property owner, Ghysels, who subsequently agreed on a proposed settlement of $21,3130. Cm. Oravetz asked if it would be difficult for two cars to pass on Lewis Way. Mr. Thompson advised that the street is 213' across. The plan would be to take out 13 feet of the 8~foot parking lane. On motion of Cm. Sbranti, seconded by Vm. McCormick, and by unanimous vote, the Council approved the purchase of real property located at 7033 Village Parkway, and authorized the City Manager to sign the right~of~way contract and issue a check in the amount of $21,3130 payable to North American Title Company for deposit into escrow. SELECTION OF CONSULTANT FOR DOWNTOWN BUSINESS ASSOCIATION FEASIBILITY STUDY 8:13 p.m. 8.2 (1300-30) Assistant City Manager Joni Pattillo presented the Staff Report, advising that one of the City Council's High Priority Goals & Objectives for Fiscal Year 2002-2003 was "To evaluate the need for specific business associations within Dublin." Downtown Revitalization Consultants (DRC) has proposed a Scope of Services that will engender discussion with the property owners and businesses in the City's Central Business District as to the level of interest in the creation of a Downtown Association. The Consultant will prepare a survey to the potential association members to elicit the relevant level of interest and then hold a focus group meeting to discuss the concept of a Downtown Association as well as the potential funding mechanism. Cm. Sbranti asked if the survey would include phone calls and direct contact? Direct contact would be important as it pertains to explaining what business improvement district is. Ms. Pattillo advised that the written survey would include background information. A focus group would be held as a survey follow up to answer questions. CiTY C©UNC~L M~NUTES ¥©LU?iE 22 REG~dLAR MEETING ?AGE 23~5 Mayor Lockhart asked if the Economic Development Director will be working with the Consultant? Ms. Pattillo indicated yes, as part of the scope of services. She also advised that Council would receive a preliminary report within 1 O~ 12 weeks. The Chamber of Commerce will also be involved. Cm. Sbranti stated that property owners should be involved as well, as they provide a different perspective from tenants. On motion of Vm. McCormick, seconded by Cm. Sbranti and by unanimous vote, the Council adopted RESOLLrlION NO. 68 - 0S APPROVING AGREEMENT WITH DOWNTOWN REVITALIZATION CONSULTANTS (DRC) TO CONDUCT A DOWNTOWN BUSINESS ASSOCIATION FEASIBILITY STUDY FOR THE CITY OF DUBLIN And authorized the City Manager to execute the contract with DRC in an amount not to exceed $10,000. APPROVE IN PRINCIPLE A RECOMMENDATION BY THE TRI~VALLEY TRANSPORTATION COUNCIL TO ADJUST THE TRI~VALLEY TRANSPORTATION DEVELOPMENT FEE 9:17 p.m. 8.3 (1060-40) Senior Civil Engineer Ray Kuzbari presented the Staff Report, indicating that the Tri~ Valley Transportation Council (TVTC) has been working to update the Tri~Valley Transportation Development (TVTD) Fee in order to more fairly distribute the fee burden between land uses and to increase the fee which has not kept up with the increases in construction costs. The proposed change, in principal, requires unanimous agreement by all seven agencies. Upon TVTC's unanimous vote, the next step would be for each of the member agencies to hold public hearings to modify the Fee and approve the addendum to the TVTC Joint Exercise of Powers Agreement (JEPA). C~TY C©UNC'~L Mi~NUTES V'© LUSd7 E 22 REGULAR MEETING:. PAGS 23'7 Mayor asked clarified that this would approve in concept the new fee until the nexus study, and asked if the proposal had any reflections on the priority projects that are already listed? Mr. Kuzbari indicated that it was simply about the fee. The priorities would not be changed. The new Strategic Expenditure Plan (SE[') proposed, although still unadopted, would reorganize the priority list for the eleven projects without changing any of the allocations. The only change on the SEP update would be the target allocation dates, not the dollar amounts. Mayor Lockhart asked if Vasco Road was on the list. Mr. Kuzbari indicated yes, but was listed as a low priority project based on the current SEP and would have no TVTD allocations. However, Alameda County has requested some TVTD funds be allocated for the project. Mayor Lockhart asked if that would come out of the new fee? Mr. Kuzbari advised that the TVTC recommended that the fees be adjusted according to the new fee schedule and not use the additional revenues to make further allocations at this time. They would allocate $100,000 to fund the fee nexus study update. Mayor Lockhart clarified that the rest of the money would just sit in the pot until the TVTC did an update on the SEP. At that point, would there be the possibility that Vasco Road be funded? Mr. Kuzbari yes, it is a possibility. Cm. Zika stated that TVTC would have to come up with the whole $40 million, as the money has been pulled out of the State funds through 2005. Cm. Oravetz asked if any of the other agencies had voted on this issue? Mr. Kuzbari advised that the Contra Costa County Board of Supervisors and City of Pleasanton had approved the fee increase in principal. Cm. Sbranti indicated that the current fee is 10% of what the current nexus study says it should be. CITY C©[iNC}iL Mi~N[JT}ZS V©LUME 22 REG Ell LAR M EET~.NG ApF~ ~5~ 2~2.03 ~ A~ 238 Cm. Zika reminded those present that the whole purpose of the fee was to provide seed money to get Federal and State funds. It was never intended as matching funds. On motion of Vm. McCormick, seconded by Cm. Zika and by unanimous vote, the Council approved, in principal, the recommendation by the Tri~Valley Transportation Council to adjust the Tri-Valley Transportation Development Fee as described in its report. REQUEST FOR THE PLACEMENT OF YELLOW RIBBONS ON CITY STREET TREES TO RECOGNIZE THE UNITED STATES ARMED FORCES 7:29 p.m. 8.4 (520-30) Assistant City Manager Joni Pattillo presented the Staff Report, advising that resident Millie Wasik requested that the City offer some visual support for our men and women in the military by the placement of yellow ribbons on the trees throughout the City of Dublin. If the Council concurs with this request, Staff would organize any interested volunteers to help place these yellow ribbons at Village Parkway, Dublin Boulevard, and San Ramon Road over the next several weeks. Millie Wasik expressed her disappointment that the City had not already participated in some sort of support for the troops and urged the Council to provide the funds and volunteers to make this request happen. Cm. Oravetz disagreed with Ms. Wasik's statement that Dublin was not making an effort to support armed services. He agreed, however, that the City should sponsor the yellow ribbon campaign. Cm. Zika noted that a member of the City Staff had been called to duty for a full year after 9/11 and continued to receive full pay. He advised that the yellow ribbons should be done quickly; troops are already coming home. Vm. McCormick agreed that the U.S. has entered into a new phase of the war and many of the troops are already heading home. She indicated that she didn't want to trivialize the yellow ribbons, but would like to do something bigger and better and welcome back those returning. REG[dLA'R MEETING Apr~ ~.5~ 2003 Mayor Lockhart advised that Larry Tucker, who represents a Tri~Valley group called Operation MOM, had contacted her asking for Dublin representatives to help plan a hometown parade that would give the whole Tri~Valley the opportunity to thank the troops. His group planned to host a whole weekend of events, including a parade, and picnic with guest speakers and gifts. The group was trying to put a committee together and line up sponsors to get everything ready so they can pull off the event with minimal notice. The group estimates that the event will take place in late August. She expressed interest in participating with the group effort. Millie Wasik stated that the August timeline might be optimistic. Some troops are being told they would not be home before 6 - 9 months. Mayor Lockhart agreed that the troops might be in Iraq longer than expected, and suggested giving Staff parameters to work with and a timeline of putting the yellow ribbons up and having them taken down. Ms. Pattillo advised that the City would be providing $500 only for yellow ribbons. No Staff time would be involved, as volunteers would run the project. Cm. Sbranti commented that some Staff time would have to be involved, related to deciding what trees would be ribboned, etc. Mayor Lockhart suggested that Staff arrange for a meeting space, and that the project be modeled after Red Ribbon Week. Millie Wasik asked for a Council volunteer to help them implement the project modeled after Red Ribbon Week. Cm. Sbranti volunteered to work with the group. Mayor Lockhart noted that the yellow ribbons would already be up by the next Council meeting and requested that Staff report back as to when the ribbons were estimated to be taken down. On motion of Cm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council approved the placement of Yellow Ribbons on City Street Trees and approved a Budget Change for $500 to be allocated to the City Council's Community Promotion Account from the City's General Fund Unallocated Reserves. AMERICA SUPPORTING AMERICANS PROGRAM AND THE CITY OF DUBLIN'S PROPOSED ADOPTION OF DELTA COMPANY OF THE 2~v BATI'ALION OF THE 502~v PARACHUTE INFANTRY REGIMENT OF THE 101st AIRBORNE DIVISION 8:40p.m. (150-85) Assistant City Manager Joni pattillo presented the Staff Report, indicating that at the April 1, 2003 Council meeting, a member of the America Supporting Americans (ASA) made a brief presentation to the Council and requested this item be placed on a future agenda. America Supporting Americans is a non-profit 501 (c) (3) organization, whose mission is to link American military units with American communities who want to show support for its armed forces in various projects. The City of Dublin participated in ASA's program during the 1 ftl31 Operation Desert Shield and Desert Storm. Sue Flores on behalf of Richard Me, the East Bay Representative of ASA, reviewed the long and decorated history of the Delta Company, nicknamed the "DOGS", and advised that they are now known as the 502nd Infantry Regiment, no longer the "parachute infantry." She urged the Council to participate in this program. By doing this, the City would not be stating a position for or against the current war in Iraq, but rather show support for those serving. Cm. Sbranti stated that most citizens feel the need to get involved in show of support. Cm. Zika agreed and indicated that he was happy to adopt a group with such a long and honored history. Vm. McCormick asked who would send the packages. Ms. Pattillo advised that the citizen's committee would do the actual packaging, and the City would provide small gifts. The citizen-driven Committee would also return to Council to give status reports. On motion of Cm. Sbranti, seconded by Vm. McCormick and by unanimous vote, the Council directed Staff to prepare a resolution for the May ¢, 2003 City Council meeting, to participate in the America Supporting Americans Program and to formally adopt the 2nd Battalion of the 502nd Infantry Regiment of the 101 st Airborne Division. C~T¥ COUNCIL MINUTES VOLUME 22 R. EGULAR. '?~SEET~NG Apri.~ i5, 2©~83 ?AGE 24~i REQUEST FROM ~SAVE OUR RIGHTS" COALITION OF THE TRI-VALLEY FOR CITY COUNCIL CONSIDERATION OF A RESOLUTION TO "DEFEND OUR CONSTITUTIONAL CIVIL RIGHTS AND LIBERTIES" 9:50 p.m. 8.6 (520-50) City Manager Richard Ambrose presented the Staff Report, advising that at its April 1, 2003 City Council meeting, Mary Beth Acuff and Stephanie Ericson requested that the City Council consider adopting a resolution prepared by the Save Our Rights Coalition of the Tri~Valley (SAVOR). Among other things, the resolution requests the Council to support repeal of the U.S.A. Patriot Act, support passage of the Freedom to Read Protection Act of 2003, and to oppose introduction of the Domestic Security Enhancement Act of 2003. The Council requested Staff to place this item on a future Council agenda for Council consideration. Bob Cuddy, representing the Save Our Rights Coalition, indicated that SAVOR was a group of approximately 50 members from Dublin, Fleasanton and Livermore, representing a cross section of the community. SAVOR fully supports catching terrorists here and abroad; however, its membership is concerned about the means employed to reach that goal. The Federal government has overreached itself, especially with U.S. Patriot Act, and he hoped to persuade the City Council to express its concern. SAVOR is not an anti-war group or a partisan political group; it is solely concerned about protecting the constitution and civil liberty. Mary Beth Acuff, Dublin resident, concurred with Mr. Cuddy and thanked the Council for putting the issue on the agenda. She is fully aware that U.S. Patriot Act is Federal legislation and only they can change it. The Council may think it is none of the City's government business, but she begged to differ. The City Council has a responsibility to its constituency whose freedoms, given to them by the Bill of Rights, are being infringed upon. She urged the Council to consider the resolution drafted by SAVOR. Stephanie Ericson, Dublin resident and a member of SAVOR, thanked the Council for having the discussion on the agenda. The U.S. Patriot Act is an attack on the Constitution, and ultimately casts a shadow on all levels of government. She urged the Council to seriously consider the resolution put before them by the SAVOR group for future adoption. She reiterated SAVOR's concerns as expressed by the other speakers. Cynthia Morse, a former Dublin resident now residing in Livermore and a member of SAVOR, stated that she had been investigated by the FBI while collecting sewing machines for women in E1 Salvador. She hoped the Council did not think things like this C~T¥ COUNCIL MINUTES PAGE 242 would not happen to other people. She repeated the concerns of other the speakers, and urged the Council to consider the adoption of the resolution opposing the Patriot Act. Michael Bischoff, Dublin resident, thanked the Council for putting this important item on the agenda and expressed appreciation of full support of the two related items on the agenda. He agreed with the statements of other members of SAVOR and looked forward to the Council's full support in passing SAVOR's proposed resolution. He stated that it was ironic that we are fighting for another country's rights when something is happening to our own rights. Frederick Norman, Pleasanton resident, stated that the U.S. Constitution was in danger of being harmed by the U.S. Patriot Act and wished that history had shown more people speaking out against atrocities. He hoped the Council would support the opposition of the U.S. Patriot Act. Mayor Lockhart advised that before the Council discussed the issue, she would like to make the following statement, "Our constituency is made up of residents of varying opinions on this issue and many others. I have no doubt that amongst the five of us, we represent the opinions of most of our residents. Originally, I felt that whatever decision we did come to tonight, if any, that it must be a unanimous decision. I would obviously still prefer that were the case but, whether or not it is possible, I think it is important that each of us respectfully represent our own opinion and see if we can find a consensus. In doing so, I believe that we will be modeling the very democracy that our soldiers are dying for." She advised the entire Council that they had her utmost respect and all opinions are valid opinions on this Council. Vm. McCormick stated that she was moved by eloquence of Mr. Norman and advised that she, too, has been troubled by this Act. She thanked the citizens for bringing to the Council's attention. She stated that the Patriot Act was one of the greatest assaults on our civil liberties, and advised that she would support the resolution as presented by SAVOR, or support a compromise to that resolution. Cm. Zika stated that he has taken the Oath of Affirmation both when in the Navy, as a Councilmember, as well as other occasions. He stated that he also supports the Constitution, however, expressed concern about what right the City of Dublin City Council has to declare something unconstitutional when none of the Council are attorneys. The Council is charged with the responsibility overseeing the City, not making Federal law or determining what Federal laws are unconstitutional. He stated that Library Act referred to in the proposed resolution was excellent and he could support it. However, he had no knowledge on how the rest of the Act was used or C;{TY C©UNC~L M~N~iTES Aprii ii. 5~ 2003 PAGE misused. The vast majority of the Congress supported the Act when it was passed 1 $ months ago, and they haven't tried to change it if they regret it. He suggested that people hand write, not email, their congressional representatives showing opposition. He would vote against a resolution opposing the U.S. Patriot Act. Cm. Sbranti advised that, on a personal note, he agreed with many of the comments made by SAVOR. He has family of Italian descent who were interned during WWII. However, he would have a hard time with his role as a Councilmember to put the City behind this position. Although this is an important social position, he stated that he does not know that it is the role of a City to take sides on this type of legislation. Cm. Oravetz indicated that parts of the U.S. Patriot Act troubled him, but parts of it do not. He thanked the speakers for so eloquently speaking on this issue; however, none of them discussed why our government enacted this resolution. Our country was under attack by terrorists on September 11,2001. During times of war, people need to expect some restrictions and inconveniences in their civil liberties, as has been shown throughout history, in order to keep U.S. citizens safe. He stated that he would not support opposing the U.S. Patriot Act because he trusts his government on this issue and urged his constituency to do the same. Cm. Zika indicated that he would like to make a motion to support HR 1157, also known as the Freedom to Read Protection Act of 2003, which would require the FBI to get warrant to search library records. Cm. Sbranti advised that, as an Alameda County Library Commissioner, he voted on that issue because it dealt specifically with libraries. There was unanimous support on that issue. City Attorney Silver advised that the issue was included in the draft resolution provided by SAVOR and was specifically listed on the agenda. It could be pulled out for separate consideration. On motion of Cm. Zika, seconded by Vm. McCormick, and by majority vote (Cm. Oravetz abstained), the Council authorized the execution of a letter to be mailed to Dublin's Congressional and Senatorial representatives advising them of Dublin's support of HR 1157, known as the Freedom to Read Protection Act of 2005. Vm. McCormick made a motion to adopt an alternate resolution, which was more condensed than the initially proposed resolution and just affirms Dublin's commitment to the U.S. Constitution. The proposed resolution would read as follows: C~TY COUNCIL MilN~JTES REGULAR MEETT~ NG Apr,} ~.5~ 20f~3 PAGE %44. "Now therefore be it resolved that the City of Dublin affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism should not be waged at the expense of the fundamental civil rights and liberties of the people of Dublin and of the United States; that the Dublin City Council calls on all private citizens and organizations, including residents, employers, educators and business owners to demonstrate similar respect for civil rights and liberties; that the City of Dublin calls on our United States Senators and Representatives to monitor the implementation of the USA Patriot Act and Executive Orders and to actively work for the repeal of those Acts and Orders that violate fundamental rights and liberties enumerated in the U.S. Constitution; that the City of Dublin calls on our United States Senators and Representatives to discourage introduction of legislation further diminishing civil rights and liberties; that copies of this resolution be sent to the President of the United States, to our elected Federal representatives and to the Governor of California." Cm. Sbranti seconded the motion for discussion. Cm. Oravetz advised that the Patriot Act included a 2005 sunset clause. In 2005, the legislature would reconsider the Act as it pertains to the situation at that time. Cm. Sbranti indicated that he interpreted this newly proposed resolution to reaffirm the Constitution and that Dublin is asking them to monitor the Act to protect our civil rights and liberties. It does not ask for the Act to be banished or that Dublin opposes it. This resolution is a compromise that he may be able to support. Mayor Lockhart indicated that she felt that, in this form, it is more of a positive about our civil liberties and what it is really doing is letting our representatives know that our civil liberties are important to us and for them to consider them in their future considerations. She read aloud the Oath of Office, which each Councilmember was sworn in office with. She advised that she was not opposed to taking a stand that is positive, that reaffirms the Council's oath and lets our representatives in Congress know that these are important to all Americans. Cm. Sbranti advised that this was the first time he had seen the new resolution; however, it sounded like it was just reaffirming Dublin's support for civil rights and liberties. Cm. Oravetz reiterated that the U.S. was at war and our Congress enacted this legislation for good reason. Cm. Zika indicated that he felt it was a cleverly written document; however, after the first two paragraphs he became a little uneasy. It was not the Council's responsibility to C~TY CO~iNC~L VOL~iME 22 REGULAR MEETING tell the Federal government what to do. This document was not as heavy handed as the first resolution, but it is basically the same thing. Vm. McCormick advised that the Council has asked the Federal government to monitor several Acts before. This is no different than asking them to monitor the Red~~gged Frog Act, and it is part of the Council's responsibility to ask them to monitor this Act for our residents. Cm. Oravetz advised that he would need more time to review the resolution introduced by Vm. McCormick. After brief discussion of individual interpretations of each paragraph of the proposed resolution, Cm. Oravetz called for the vote. On motion of Vm. McCormick, seconded by Cm. Sbranti, and by a majority vote (Oravetz and Zika opposed), the Council adopted RESOLUTION NO. ¢9 - 03 TO DEFEND OUR CONSTITLYI'IONAL CIVIL RIGHTS AND LIBERTIES And directed Staff to mail copies of the executed Resolution to the President of the United States, elected Federal representatives and to the Governor of California. Cm. Oravetz clarified that the Resolution vote would indicate that Cms. Oravetz and Zika opposed the Resolution. OTHER BUSINESS 9:58 p.m. City Manager Ambrose thanked City and Library Staff for an outstanding job on bringing the new Library construction to a conclusion and hosting excellent grand opening events. City Manager Ambrose advised the Council and the public of several upcoming events including the Eggstravaganza on April 19th at 10:00 a.m. at the Shannon Community Center, and the Senior Center Volunteer Recognition Event on April 24th at 4:30 p.m. at C~T¥ COUNCIL ~,i~NUTES VC?L, UNiE 22 i~AGE 246 the Senior Center. Dublin Pride Week kicks off on April 26t~ and will commence with the Household HazWaste and Ewaste collection occurring at the former Pak 'n Save sight. Invitations to sign up by appointments were mailed to Dublin residents. The Bell Tower Dedication will be held on April 29th at the Heritage Center. This project was a cooperative effort between the City of Dublin, the Dublin Heritage Preservation Association, the Women's Club and Rotary Club. Dublin Pride Week will conclude on May Srd with various projects, including creek cleanups. Cm. Zika commended Staff on an excellent job with the new Library. Cm. Sbranti congratulated DSRSD on its 50th Anniversary. He is looking forward to Dublin Pride Week, particularly the blood drive on May 1st, which will be held at the High School. Vm. McCormick indicated that she and Cm. Sbranti had appeared on CTV to promote Dublin Pride Week. Last year's poster contest winner, Matt Pecota, appeared with them. She remembered Dublin citizen Jackie Hensley, who recently passed away and extended her condolences to her family. Mayor Lockhart polled the Council as to a potential date to hold a reception honoring outgoing Commissioners and Committee members. The Council agreed that the event would be held on May 29th at 6:30 p.m. in the Community Room in the new Library. Mayor Lockhart indicated that a proclamation acknowledging the month of April as Alameda County Child Abuse Prevention Month would be presented to Alameda County. Mayor Lockhart expressed concern about car dealerships parking cars in southwest corner of the Pak 'n Save parking lot. Mr. Ambrose advised that the City is experiencing a problem with several auto dealerships. Cars are not selling as quickly as usual, but the dealerships are still receiving vehicles from manufacturers at the same rate. V©L,~/ME 22 ~EGULA.R ~EET:N G ?AGE 247 Community Development Directory Eddie Peabody advised that Dublin Toyota was trying to provide employee parking on a temporary basis. The auto dealership had been contacted by Staff to remove cars quickly. Staff is dealing with the same problem in several other locations. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:05 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATFEST: City Clerk C.~TY C©~©'NCi{L 5,'~NUTES V©LD'ME 22 REGULAR MEETING