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HomeMy WebLinkAboutItem 4.01 Draft CC 08-19-2003 MinCLOSED SESSION A closed session was held at 7:05 p.m., regarding: Conference with Legal Counsel -~ ANTICIPATED Litigation ~ Significant exposure to litigation pursuant to Government Code Section 54956.9, subdivision b (one potential case) Facts and Circumstances: Government Code Section 54956.9, subdivision (b) (3) (A) Conference with Legal Counsel- ANTICIPATED Litigation- Significant exposure to litigation pursuant to Government Code Section 54956.9(D)(5)(C): May 17, 2003 letter from David A. and Terry M. Davis A regular meeting of the Dublin City Council was held on Tuesday, August 19, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:20 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCOrmick, OravetZ, Sbranti, Zika and Mayor Lockhart. None. PLEDGE OF ALLEGIANCE Mayor lx)ckhart 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 reportable action. CS#1 was continued to the end of the meetin$.) (Due to time constraints, CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19~ 2003 PAGE 527 PRESENTATION OF AWARD TO MAYOR LOCKHART BY THE ALAMEDA COUNTY TOBACCO CONTROL COALITION 7:21 p.m. $.1 (150~20) Rich Sevilla stated as a Dublin resident and Chair of the Alameda County Tobacco Coalition, it was a pleasure to present award to Mayor Loc~rt for all her hard efforts. He congratulated and presented a plaque to Mayor Lockhart. RECOGNITION OF JEFFREY HCKENS FOR EAGLE SCOUT PROJECT AT DUBHN SENIOR CENTER 7:23 p.m. $.2 (610~50) Parks & Community Services Manager Paul McCreary presented the Staff Report. Jeffrey Pickens of the Boy Scouts of America Troop 922 of Dublin was formally recognized for completion of an Eagle Scout Project at the Dublin Senior Center. The project entailed construction of four 7' x 6' divider panels, which help to create privacy while Senior Center patrons receive special services. A Certificate of Appreciation was presented to Jeffrey. INTRODUCTION OF NEW EMPLOYEE 7:24 p.m. 3.3 (700-10) Captain Gary Thuman introduced Lieutenant Tom McCarthy, who recently came to the Dublin Police Services. Tom just graduated from St. Mary's College in Moraga and lives in Tracy with his wife and three young children. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 528 FgESENTATION BY PUBLIC WORKS STAFF ON THE NFDES PROGRAM 7:27 p.m. 5.4 (1050-20) City Engineer Melissa Morton made a preSentation related to the NPDES Program. The National Pollutant Discharge Elimination System (NPDES), established by the Clean Water Act, was modified in 1987 to include municipal stormwater dischargers. Amendments required individual municipalities to effectively prohibit non~stormwater discharges from entering storm drainage systems and to implement controls to reduce pollutants in stormwater to the maximum extent practicable. Staff discussed the impacts to the City of Dublin and its developers from the new and more stringent NPDES Permit requirements. Public Works Director Lee Thompson provided an update on projects currently under construction. We hope to have the Dublin Boulevard widening project completed by October. The cost is $3.08 million. The Village Parkway Improvement project is about 50% complete, and should be done by the end of September. The cost is about $245,000. Cm. Zika asked about the C.3 storm ponds. Will they be open ponds? Mr. Thompson stated they will be and are supposed to be a nice amenity for the area. The idea is to pump out a lot of the water into the storm drain system. Ms. Morton stated we will coordinate with the local mosquito and vector control agencies to address these issues. We can incorporate some sort of aeration into the design. Mosquitoes like stagnant water. Cm. Sbranti commented on Dublin Ranch with a pond. All projects will need some form of mitigation. How big does a project have to be to require mitigation? Ms. Morton stated in some cases, they may incorporate a small underground pipe and attenuate the storm underground. The Countywide program is looking at regional solutions, and opportunities and challenges will occur. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 1% 2003 PAGE 529 7:48 p.m. Stephanie Ericson addressed the Council on behalf of Save Our Rights (SAVOR) which is a grassroots organization in the Tri~Valley area. She stated she spoke several months ago related to the U. S, Patriot Act. They were pleased that Dublin passed a compromise resolution. She reiterated their thanks and provided an update, Several other agencies have passed resolutions, including the cities of Fleasanton, Livermore and the Contra Costa County Board of Supervisors. In all, 1 $1 cities and counties and $ states have passed similar resolutions, and many more are in progress. They believe the local action has helped strengthen legislators to raise serious questions about the act. By a vote of $$9-11 $, the House approved a bipartisan amendment to withhold ~ding for %neak~ and~peek" searches under the USA Patriot Act. She stated she would like to keep lines of communication open on this issue. 7:53 p.m. Shawn Costello reported on an incident that happened to him this past Friday on the Iron Horse Trail He had a flat tire and lost control of his whee!chak and fiew.~to a gorge and flipped completely over. He thanked the Police and the biker who helped him get up off the ~round. Officer Rank and another officer came and helped him. They responded in less than $ minutes. 7:56 p.m. John T. Collins stated he had information that was not included with Item 6.1. Mayor Lockhart advised that it would be more appropriate for Mr. Collins to speak when Item 6.1 is considered by the Council. Mr. Collins distributed copies of a Transportation Research Record 1538 article, "Pedestrian Crash Types: 1990s Update". He stated this information was missing from the report for Item 6.1 even though he has given it before. CONSENT CALENDAR 7:56 p.m. Items 4.1 through 4.5 On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August 5, 2003; 'CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 530 Adopted (4.2 600-35) RESOLUTION NO. 174- 03 AUTHORIZING WAIVER OF COMPETITIVE BID FRONT COUNTER UPGRADE PHASE 1 (COUNTER IMPROVEMENTS) Authorized (4.3 600~$5) Staff to advertise for bids for Contract 05~ 14, Front Counter Upgrade, Phase 2; Received (4.4 320-30) the City TreaSurer's Investment RePort for 4th Quarter of FY 2002~05, indicating that the City's investment portfolio totals $87,I 1 $,121 (market value), with funds invested during the 4m quarter at an average yield of 2.194%; Approved (4.5 300-40) the Warrant Register in the amount of $1,404,180.85. REQUEST FROM HOPE HOSPICE TO RESERVE EMERALD GLEN PARK FOR A SPECIAL EVENT "SOAR WITH HOPE" ON OCTOBER 18~ 7:57 p.m. 5.1 (920~20) Parks & Community Services Manager Paul McCreary presented the Staff Report. This request is to reserve an area of Emerald Glen Park on October 18th by Hope Hospice for their "Soar with Hope" special event, which is a benefit for the Children's Bereavement Group. They also request that the City allow a tethered hot air balloon in the park as part of the event. Minimal contract service costs will be incurred by the City to assist with site logistics the day of the event. Staff recommended that Hope Hospice, as well as the hot air balloon operator, provide the City with a certificate of liability insurance as required by the Sports Field Use Policy. Staff also recommended that Hope Hospice be required to place a $250 refundable security deposit, again as required by the Sports Field Use Policy. Mayor Lockhart asked if the balloon will be untethered at some point. CITy COUNCIL MINUTES VOLU~WIE 22 REGULAR MEETING August 19, 2003 PAGE 531 Mr. McCreary stated it will not be airborne. On motion of Vm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the request. PUBLIC HEARING - OVERSIZED VEHICLE PARKING ON CITY STREETS ORDINANCE REPEALING AND REPLACING SECTION 6.04,430 REG~ING ON~STP T STORa V. or vmx% s i OF OTHER AFFECTED SECTIONS OF THE DUBLIN MUNICIPAL CODE 7:59 p.m. 6.1 (570-20) Mayor Lockhart opened the public hearing. Assistant City Manager Joni Pattillo presented the Staff Report. This is the second reading of an Ordinance providing for changes to the DMC which will restrict the parking and/or storage of certain commercial vehicles, oversized motor vehicles, and non-motorized vehicles on the public street. John T. Collins, Allegheny Drive stated this will be his last chance to change the minds of the City Council. Size is an issue and he discussed the small number of people who got this going. There is also potential conflicts of interest with the people who drafted this ordinance. The safety arguments were misstated. The demographics of the city from which this was patterned is very different from Dublin. The new law is possibly discriminatory. Can they appeal to a court? Will this be.considered an ex post facto law for him and others like him? Is this really based on public safety? You read and saw what happened in the east last week when there was a disaster wTith power outage. Your additions to the ordinance totally missed the point in two different ways. The City will most likely suffer lawsuits due to this ill-conceived ordinance. Please rescind it. City Attorney Elizabeth Silver stated with regard to an administrative hearing process, yes, they can appeal to court. This process is addressed in the Staff Report. An ex post facto law is one which makes something previously a crime, not a crime. This doesn't make parking a vehicle last week or last month a violation of the ordinance. Timothy Michael Kirkpatrick Holmes stated if you have a problem with someone in the community, why not just deal with that? He doesn't understand why we are going to all CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 532 this trouble. Why can't the Police Department enforce it? Livermore, Pleasanton and Martinez are the only places where he has found where he can park an RV. Why not use some of our vacant property? Mayor Lockhart closed the public hearing. Cm. gbranti asked isn't this still primarily based on complaint for enforcement? Ms. Pattillo replied yes. Vm. McCormick asked a question about when the clock starts ticking. Ms. Pattillo stated it starts when the Ponce Department comes out and verifies the violation. She discussed our current vs. new bail schedule. The clock starts when the Police Department gets involved. Mayor Lockhart clarified comments made related to vacam land,~.~ ~ity does not own this land. It belongs to individuals and they can put this use on their property if they so desire. If someone came and asked, particularly in our light industrial areas, she would love to see something like this go in. We cannot make landowners do anything with their land. She stated she wished someone would take the opportunity to develop an RV storage park. Ms. Pattillo clarified that the Ordinance, will become effective $0 days after adoption, but will not be enforced until January 1, 2004. Cm. Sbranti stated by that time off-street parking issues will also be determined and can be included as part of the educational campaign. Cm. Oravetz stated he read all of Mr. Collins materials. He also agrees with the task force and felt this will make things better for our community. On motion of Cm. Zika, seconded by Cm. gbranti, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 10- 03 REPEALING AND REPLACING SECTION 6.04.430 REGARDING ON-STREET STORAGE OF VEHICLES AND REPEAL AND REPLACEMENT OF OTHER AFFECTED SECTIONS OF THE DUBLIN MUNICIPAL CODE (OVERSIZED VEHICLE PARKING) CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 533 PUBLIC HEARING ~ KEN HARVEY/DUBLIN HONDA PLANNED DEVELOPMENT (PI)) REZONING STAGE 2 DEVELOPMENT PLAN, SITE DEVELOPMENT REVIEW (SDR) & MAS .TER.SIG~.PROG~ pAO2?~~ 8:14 p.m. 6.2 (400-30/410-30) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. This request from Ken Harvey/Dublin Honda is to remodel and expand the showroom area of an automobile dealership located at 7099 Amador Plaza Road, and to renovate the exterior of the building to meet the requirements of the Honda Corporation for their franchises. Approximately 19,000 sq. ft. would be constructed for a larger service area with an open parking area on the second level for vehicle storage and overflow parking, resulting in a total square footage of approximately 33,100 for the dealership. Vm. McCormick asked if any of the signs are lit. Mr. Harvey stated most of them are illuminated. He has been a resident since 1970 and enjoys doing business here. Janet Harbin has put in a lot of work in his project. It has taken almost a year to get to this point tonight. His dealership is competing with Livermore. The large sign that says Honda will be illuminated. There is only one additional Honda sign. Cm. Zika asked ff there is blue tinted glass and some kind of marking on the glass. Staff clarified that this was only shadows on the drawings. Cm. Sbranti asked regarding the primary entrance, how many feet set back from Amador Plaza Road? Mr. Harvey replied he estimated it is about 100' back from the street. He ac~!ly built this building in 1973 or 1974. The main thing is the upstairs parking will be great for them. All dealers have problems with where to park new cars. Vm. McCormick asked if they wilt have room for some landscaping, shrubbery, etc.? Mr. Harvey stated yes, Janet is doing her job. Ms. Harbin stated they will add quite a bit of landscaping in the front and side so it will be more attractive. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 534 On motion of Cm. Zika, seconded by Vm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 175 - 03 MAKING FINDINGS RELATED TOA.P~.LA~NNED DEVE.~P~M~EN~T (PD) STAGE 2 REZONING AND DEVELOPMENT P~N FOR KEN HARVEY/DUBLIN HONDA DEALERSHIP LOCATED AT 7099 AMADOR P.~ ROAO~.PA 02~03! Waived the reading and INTRODUCED an Ordinance adopting a I'D Stage 1 and 2 Rezoning; Adopted RESOLUTION NO. 176 - 03 APPROVING SITE DEVELOPMENT REVIEW FOR KEN HARVEY/DUBLIN HONDA FOR EXPANSION AND RENOVATION OF THE HONDA AUTO DEALERSHIP. LOCATED AT 7099 AMADOR PL~_4 ROAD PA 02~031 and RESOLUTION NO. 177- 03 APPROVING A MASTER SIGN PROG~M FOR KEN HARVEY/DUBLIN HONDA LOCATED AT 7099 AMADOR P~ ROAD PA 02,031 ADOPTION OF MITIGATED NEGATIVE DECIARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND AWARD OF CONTRACT 05~08, ALAMO CREEK BIKE PATH,. AMADOR VALLEY BOULEVARD TO NORTH CITY LIMITS 8:31 p.m. 7.1 (600~35) Public Works Director Lee Thompson presented the Staff Report. This project is proposed to add a segment of the City's bicycle/pedestrian trail system as adopted in the City's General Plan and Parks Master Plan. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 535 An historical background of the proposed Alamo Creek Bike Path was presented. Since at least 1992, the City's General Plan has stated the City's intent to complete the Path at this location, and the City has acted accordingly. In 1992, the Alamo Creek path segment that is the subject of the project was included as a bikeway in the City's General Plan (GP). An implementing policy in the GP specifically states that the segment shall be completed. In addition, in 1004, after extensive public involvement in the planning process, the City adopted the City's Parks & Recreation Master Plan, where pursuant to the GP, the City's long~term recreation planning is set forth. The goal of the Parks & Recreation Master Plan was to create a continuous network pf paths, walks, and trails, thereby providing a recreational resource of routes and linear open spaces enabling the public to travel by non~motorized modes throughout the Dublin community. One of the implementing policies specifically states that the Path segment along Alamo Creek should be completed. Furthermore, the project has been in the City's Capital Improvement Plan since FY 1994-95. Responses to comments submitted by Allan C. Moore, Attorney representing David and Terry Davis were addressed. At the May 6, 2003 City Council meeting, Staff sought authorization to solicit bids for the Alamo Creek Bike Path. After hearing from residents living along the proposed Path, the item was continued. The Council ~heduled ~nd attended ~ fie[O~ ~p to the project site to view some of the concerns firsthand on Monday, May 12~. Residents expressed a number of concerns during the site visit. Staff responded to those concerns in a Staff Report presented at the May 20~ City Council meeting. On May 20, 2003, the City Council approved a Notice of Exemption under the California Environmental Quality Act (CEQA) and authorized Staff to solicit bids. On June 3, 2003, the City Council directed Staff to prepare an Initial Study for the proposed Alamo Creek Bike Path project and return to Council with the appropriate environmental findings when Staff returned with the project to award the contract. It was anticipated that the contract would be awarded in August. Consistent with this direction, the Council is now being requested to take action on the environmental document and award the contract. With regard to the construction contract, a total of two bids were received. The low bidder is GradeTeCh, Inc., with a low bid of $156,639.50. The contractor is scheduled to start work the week of September 8th, and complete the bike path pavement by September 30th in order to expend the TFCA funds by October 9, 2003. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 536 In summary, Staff has reviewed the Initial Study/MND and all comments received during the public comment review period for the MND. Responses have been provided to these comments and a Mitigation Monitoring and Reporting Program has been prepared. Staff has checked references and bonding requirements for GradeTech, INC., and therefore recommended that the City Council adopt the Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and awarding Contract 05~08 to GradeTech, Inc. Jerry Haag gave a brief rundown of the environmental document, ~q Enviromenta! Review process was discussed. After reviewing the comments on the Mitigated Negative Declaration (MND) and preparing responses to environmental issues raised in the comments, it was recommended that the Council adopt the MND based on findings that the Path project as mitigated will clearly have no significant effect on the environment and that an EIR is not required. Mr. Haag discussed findings of the noise report. Cm. Oravetz stated what they have now is a fairly quiet area and he would debate that it will be noisier when it is opened. In 1086, they talked about an eastern trail in the environmental documents. Mayor Lockhart asked for a comparison with increased noise if your neighbor was having a party outside. Mr. Haag replied that he was not a noise expert, so speaking as an environmental planner, it would probably be comparable or lesser because the sound on the trail would be moving. Cm. Oravetz asked Mr. Thompson if the money goes away if the City Council says no tonight, and what happens to the money? Mr. Thompson stated the $107,000 would be lost. This is coming from a grant. The rest of the money can be used on other trails. Regarding the privacy issue, they took several photos showing mitigation for the privacy problems. Associate Civil Engineer Steven Yee showed pictures taken from various locations along the trail. Dan Rodrigues, Ione Way, stated this trail will make good use of space and is a good use for the community. He urged the Council to approve this. CITY COIYNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 537 Maureen Hunkler, Crosscreek stated she has been a resident for 33 years. The flood control district has a level of security which requires them to fence and keep public away from flood areas. The City Council knows that the district's safety standards are reasonable, yet the Council has chosen to disregard. Water level and volume scenario has not been requested from the district. The City appears to be anxious to endanger their children. Young people are attracted to water. This is not a meandering brook, but a flood area which is secluded and uncontrolled. This area is als0 a tender bOX for fires~ There has been at least one fire in the area this year and it was probably started deliberately. What statistical analysis has the City's insurance investigator done? This would not be a trail, it would be a park. The City police cannot easily access and patrol this area. Monica Wolfish, Shady Creek Road, stated she is a 15 year resident of Alamo Creek area. She was struck with the description of landscaping described in the City's pictures. What they saw clearly was weeds. There is fire danger. Regarding the description of houses being above the path, on Shady Creek, this is not the case. The information reported was not entirely accurate. This is dangerous. Her children asked that she express their concern with the creek, which rises to 10 or 12 feet. Without fences, keeping children out of the creek, there is potential for great danger. She thanked Cm. Oravetz for attending their rally and being in support of them. Ed Sanchez, Shady Creek Road, asked them to reconsider the bike path. He stated he felt they were addressed with some insincere attitudes at the last meeting. In 1985, the City was hesitant to address this because of maintenance issues. Excerpts of 1987 minutes were read. The banks were dangerous and hazardous. Has any of this changed? The developer had to get this information from somebody. He stated they had a study done that voiced their comments and professionals evaluated their concerns. They stated there would be significant impacts. As elected members, it is your duty to represent residents of Dublin. How are you supporting this issue when 96% of the residents do not want it? If the noise level gets above the decibel, can another noise study be done? Is having higher fences still be considered? David Hours, Zone 7, Assistant to the General Manager clarified the policy for trail rights. The press has stated this is driven by a new policy. They provide protection for flood control, maintain and improve channels and they seek environmental ways such as offering these trails for recreational uses. It has been the policy of the agency since 1985 to convert these channel areas to trails. They have worked with the City of Dublin since 1987. In their experience, they have seen residents near these conversions who have been reticent, but afterward it is very pleasant and a nice situation where they are able to, meet neighbors. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 538 Rich Guarienti, Rhoda Avenue, applauded the Zone 7 comments. He was here $ months ago and is hearing the same comments from previous meeting. We're paving a maintenance road and providing a crosswalk. He stated he read the CEQA report and found nothing major in the report. What needs to be debated is the Mitigated Negative Declaration. We got a Cadillac report, very comprehensive. It was really more than he needed to know. He has hiked trails for $0 years. The main point is we probably spent more dollars in one mile in looking at this trail than probably any other trail in the State of CaIffornia. Trail Trekkers were out today and they walked by homes where they could see in, but they don't spend time doing this. He requested of the people that are there now to please keep their cats indoors. He supports adoption of the trail and award of the contract. William Oliver, Shady Creek Road, stated a much more serious issue facing them tonight is the expectation that people he voted for, he expected them to represent his interests. The City Council has a duty to not disturb the neighborhood. There is blatant disregard to the wishes of the people living near this creek. He stated people need to monitor the actions of the elected officials. He is happy that these meetings are televised. People can witness what is being done to them and from this day forward, he stated he will monitor all City Council meetings and he will come to the aid of other citizens whether it be signing petitions or other ways. The City will hear from their expert witness and requested the Council give more weight than someone like Mr. Haag who admits they are not qualified. Patty Bias, Oxford Circle, stated she has the home that is closest to this bike trail. They were told, not promised, that this area would not develop. She did find minutes of 1985 where City Council said the area was not going to be developed because it was very steep and dangerous. She also served on the Art in the Park Committee with Ron Nahas who sold the land to build the townhomes on. He spoke with them numerous times that it was his understanding that the area was never to be opened. She stated she is a single lady and she will never feel safe when people can look into her home. What is different now from 1985? One of her firefighter friends told her today that this area is very dry and is simply fuel waiting to be ignited. They want assurance that their homes will be safe from this. If you are using taxpayer money on this, use it to clean up Dublin. There is debris everywhere. Look down Dougherty Road and spend the money to make something beautiful. Please listen to them. She is frightened about what we may do to her home. She thanked Cm. Oravetz for supporting them. Jean DeSaix, Crossridge Road, asked won't you please open your minds and reconsider and listen to the people who live in the neighborhood. They would rather hear coyotes during the night than people .on the trail. She does a lot of walking at night with her CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING Augt~st 19, 2003 PAGE 539 husband and family. Sometimes it is 10 or 11 at night before the bathrooms are locked. Listen to the people who voted for you and reconsider. In February 1987, staff and city representative confirmed that Alamo Creek should not beused by the public. She read from the minutes and asked what has changed since then? Diane Cowden, Oxford Circle, stated residents of Alamo Creek will be sacrificed with their quality of life. They have no rear or side yards. The path will take away the use of a small area they have. What motivates the City to pursue this little stretch of land? They are not being selfish and are not infringing upon other's rights to have a walking path. Let people enjoy the other paths currently available. Reconsider support for this project. David Cowden, Oxford Circle, asked the Council to reconsider the decision on this project. Local residents have indicated through every means available that they do not want this project to go forward. The Mitigated Negative Declaration does not go far enough with the noise and visual impacts or safety of children to have direct unobstructed access to the creek zone. They were told when purchasing their homes, that this would never be opened. The lies came directly from the City of Dublin. They elected to leave the creek under the control of Zone 7~ He readfromminutes, and qu°ted Mr. Tnompson's and Mr. Ambrose's comments. Overturn your decision and leave Resolution No. 15~87 in place. Terry Davis, Crossridge Road, stated she has been racking her brain and emotions over this issue. What can she say to wake you up? This is ridiculous to spend money on this. None of them want this. They are being selfish to protect this area for everyone to enjoy. She is so tired of this whole situation. Please reconsider everyone's points. She thanked Cm. Oravetz for treating them with respect and for being for them. The Mayor has alienated them. Mark Armstrong, Danville, stated his partner Attorney Allan Moore, representing the Davis's apologized for being unable to attend tonight. In their judgment, there are significant environmental issues associated with this, The Department of Fish & Game indicated there are significant impacts requiring mitigation and which are not being considered by the City Council. This is a sensitive biological area and a two day report is really a feasibility study to determine whether they need to go forward. The issue of public safety seems apparent and is ignored and seen as insignificant in the report and not addressed. Land use compatibility is important and has yet to be adequately reviewed and assessed. There are many trails in the area. In 1987, there was a determination to not develop this trail. This may not be a noise impact separately, but when you think of noise, safety and compatibility issues, this needs to be addressed. This CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 540 trail is intended to serve as a local neighborhood trail. They do not like this trail. Do not adopt this Negative Declaration and do some further environmenta! analysis before you undertake this. The Regional Water Quality Control Board requires a permit and he did not see any assessment of significant asphalt for runoff into the creek. David Alexander Davis, Crossridge ROad stated the bottom line is the MND, which was put together rather quickly. This pales and is patchwork at best in his opinion and the opinion of his attorneys. This is a legal issue and very unfortunate we can't resolve it as a community and that it goes to the next step. If you don't change your mind and do the right thing and what everybody wants (not the trail), who is almost unanimous in its rejection of the trail. This is a legal document and step one of the process. It will wind up in the courts. He personally voted for this Council and lobbied for each of the Councilmembers to protect our environment and rights and money. If this trail goes forward and it will have to be taken apart and all the money spent and legal costs and the only trail will be that of alienated neighbors when they go to the poll to vote. We've spent $10,000 for these pieces of paper. Please stop this before it goes any further. Dennis DeSaix, Crossridge Road, stated he is an original buyer in the area and a licensed certified real estate appraiser. In terms of residential properties, he has an expert opinion and he feels this will have property values drop specifically for adverse appeal affect. Traffic influence will affect these properties 1% to 2 % and on Oxford Circle up to 5%. Regarding the quote about no adverse property influences on Iron Horse Trail, this is true because they substituted the railroad right~of~way so the properties weren't adversely affected. Here we are taking away open space. Is it worth giving up $5,000, $10,000, or $I 5,000 for park access in the City, when there is no need or want? Anna Persits, Shady Creek Road expressed her concerned about what's going on. She stated she has lived here for 10 years and it is amazing that the cons obviously outweigh the pros. Earlier in the meeting, we talked about mosquitoes on ponds, and a sign on Honda, and even a tobacco award. This is much more important and she is very upset over what's going on. Steven Safos, Crossridge Road stated if you look in the audience you will see most of the people don't want this trail. They are the ones who put the Council in office. They should not consider testimony from non~Dublin residents. Mayor Lockhart assured everyone that all the testimony given so far was from Dublin residents, with the exception of the Attorney from Danville, and the City's Consultant, Jerry Haag. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 541 Brian Klees stated he was initially in favor of this. It is a beautiful walk along the path. There is an established path on the other side of the fence and there are definitely some potential hazards there. When taking the whole of the comments and trying to set everything into balance, the best case it is an even balance. There are reasonable arguments on both sides and he asked that they consider not moving forward with the trail and take the money instead and install a safe crosswalk where they can take existing path over to cross to and from Shady Creek Road to Alamo Creek Parkand pave section of park where there is a dirt pathway so people can ride their bikes safely over to the apartments across the street. Spend money more wisely rather than on lawyers and courts. Look at what's right for the residents. He originally spoke in favor of this, but now feels it is not worth it. We lose .some grant money, but this is not Dublin money. Put in some crosswalks and a walking trail for bikes. Mike Simons, Tuscany Drive, stated he has lived here for a little more than a year and commutes via bike to PeopleSoft. This is a very good route to connect to some major regional bike routes. If the trail is extended south, it will be a perfect path to get to the library or City Hall or downtown Dublin. The current route, he lives in Torrey Pines Condo's, is right across the river. Bikes are required to be on the road and not on the sidewalk, unless posted otherwise. This trail would be very good for people biking to Iron Horse Trail. He saw a sign on his door and attended the protest to see what the issues were. Daphne, who also lives at his house, also commutes up the trail to San Ramon. It would be nice if a curfew for closing is in sync with other trails. Closing the gates every night at sunset is not necessarily good. Sandra Gistantas submitted a statement which wasreadby the Mayor, "To the Members of the Dublin Ci& Council: I want to protest the change of the Alamo CreekWillow Creek service road to a public trail. This area provides an admirable combina~bn of plants, animals, bird& amphibians and crustaceans. Iris a treasure for Dublin and its residents. There are already many bike and walln'ng trails which are vastly underutilized. We don't require more redundancy. A bike trail is a sad substitute for a wonderful sanctuary. The proposed ~trail" also provides plen& of hiding places for perverts and muggers. Children walla'ng on this path would be hidden from the street and could easily be vic~'mized As a woman I certainly wouldn'! walk through there alone. Off road motorcycles will also be a problem. Again, because of the lack of police and public view. The Ci& of Dublin has an opportuni& to do something truly commendable and noble - choose to make this a protected preserve. The future will thank you. The proposed project adll be an ecolo~cal disaster. Animals need safe corridors to travel between the few remm'ning wild h'fe areas. If the gates are opened, the deer and other animals will be runm'n$ onto the streets, getting hit and causing t~.aff, ic problems. Even nanbnal forests have taken a more conserva~ve a~'tude toward CITY couNCIL MINUTES VOLUME 22 REGULAR MEETING August 19~ 20{)3 PAGE 542 allowin$ use and access to habitat by humans, pets and vehicles. The Forestry Department has stated that even when the animals are r~acclimated" to humans. I was sreatly disappointed to of the ci& counciFs perfunctory walk down this ~'t~aiF¢' their demons~ated disresard for safe& issues, and their lack of appreciation of tins area as a natural sanctuary. Surely, $ood sense and bein$ responsible elected officials can prevail '~ Mayor Lockhart read a statement e-mailed by Marjorie LaBar, '~ To the Dublin Ci& Council: I had hoped to be able to a#end the 8/1~/05 City Council Meetin$. Unfo~unately my job will make that ~possible. Therefore I am usin$ the Ci& of Dublin web site to express my stron$ support for openin$ Alamo Creek to the public. Openin$ this drainase as a public ~rail is a fine use of City Funds and will improve the quality of life for all residents. I live near the Mat~in Creek Trail and walk the entire length on a resular basis. I look forward to havin$ another ~ail in close proximi~ To date, I know of nothin$ which has required police acC'on in relaX'on to our Martin Creek Trail. I hope ~he Council will veery this informal'on and pass it on to thOSe concerned residents livin$ near Alamo Creek. Please take advantase of the information available f~om East Bay Re$ional Park Distr,'ct on trails near residential areas. For the many miles of such ~ails in the Park Distnbt the problems have been SmT~sin$1y rare. I would also surest that if the Ci& has not already done so, that contact be made with the California DepanYnent offish and Game. The Depa~lment offish and Game should have suggest'ohs for maintenance~ securi&~ and lish~'n$ that will help prese~ve its use as wildlife habitat. If the Ci(y should sponsor a communi&project to help build or maintain a new trail, I will be happy to volunteer. Sincerely, Marjorie ZaBar" Edwin Osada sent an e:mail which was read by the Mayor~ aDearMayor Iockha~ I urse you and the council to move forward on the plan to open the aAlamo Creek Bike PathS: Having walked tins path on May 13 during the field ~ip, I feel tins wonderful area should be enjoyed by all Dubliners. Privacy issues from the walk are not obvious to me~ and in fact there is a walkway in front of all the homes alon$ thatpath. The creek itself is open to the North in San Rarnon and seems to be OK... from my novice obse~ations. I hope the Council acts on the behalf of the City of Dublin and not for just a small~rroup. Thanks You, F~dwin Osada P.S. I am writ'ns this email as I will be out- of-town and will miss the Aug 1~ council meea'n$. You may submit it as part of the public comments section. '~ Mayor Lockhart read a statement submitted by Hans F. Berg, Reilly Court~ ~Iam in favor of opening the trail.?' CITY COLrNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 543 Mayor Lockhart read a statement submitted by Gail Berg, Reilly Court, "Open trail please? Mayor Lockhart read a statement submitted by Edith Iwata, Canyon Terrace, Castro Valley, 'ff wholeheartedly support the award of the contract to GradeTech, Inc. for the opening of the Alamo Trail" Mayor Lockhart read a statement submitted by Bernice Bywater, Peppertree Road~ '`i support the awarding of contract to Grade Tech, Inc., to pave & improve this sec,'on ora PUBLIC trail ' A statement was submitted by Francie Cushman, "In support of Council decision: with all due respect to immediate residents' valid concerns, approx 10°~ of ci& residents are petitioning to keep a wonderful natural resource, which could be a wonderful educa~'onai intro, a private, unused ci& resource. Concerns raised by vicini& residents, raise the potential benefits this area could create !? u~ ~t pnly as a bikin$/hildn$ trail but as an environmental education area. People need education, not fear." 9:47 p.m. Mayor Lockhart announced that no further public comments would be received. Vm. McCormick referenced the comment made about asphalt runoff from paving area. Is this a concern and how do we mitigate? Mr. Thompson advised that we prepared SWlTS which hinders runoff from impervious areas. We are grading the path away from the creek and there will be filter at catch basins. Vm. McCormick asked about weeds. Mr. Thompson replied that right now it is Zone 7's requirement to abate the weeds. If we enter into an agreement either we or Zone 7 will be responsible. It depends upon the terms of the agreement. Vm. McCormick stated she had read the 1987 minutes, and asked what has changed? Mr. Thompson stated there is a different City Council. One of the references had to do with $ different creeks; Alamo Creek downstream and Dublin Creek. At that time, the City Council did not want to take over that area. ~ere wa.s another issue about his CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 544 concern with putting in a fence and at the time we were concerned with kids hitting balls into the creek. In recent years, we have not fenced our trails. Vm, McCormick asked about the fences. Mr. Thompson stated it was mentioned if people wanted higher fences, we could do that. The curve area is fairly fiat and not a steep slope. We could put a 4' fence all along there if that is of concern. Vm. McCormick stated they did discuss closing in winter whenever water levels are of a certain height. Mr. Thompson advised that Staff will keep tabs on water reports and we could close the gates and also close them at night so there is some security at night. Mayor Lockhart commented we have the same issue on th~,~il<~<by the library when the water gets high. We have made arrangements with gates to close off the area. Vm. McCormick stated apparently'in 1992, this came into the General Plan. Mr. Thompson stated in 1985 or 1986 there was a Parks Master Plan that had this in there. The City Council at that time made this determination., Cm. Sbranti stated the City Council made a decision in 1987 and then.changed course in 1992 and Staff is now supportive of now using this as a trail. City Councils can change their mind but from a Staff standpoint, he asked what factors caused them to be opposed in 19877 What changed? Mr. Thompson stated he felt initially, Zone 7 was just looking at a blanket type thing. We probably didn't have the money to maintain it then, but since then, trails have become much more popular. Cm. Sbranti talked about closing during flooding with thunderstorm. How quickly would the water rise and how quickly could we monitor and close the gates? Mr. Thompson replied the watershed goes into Contra Costa County and there is a time delay. MCE has a list of places where we watch closely. This could be on their list of places to look at. VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 545 Cm. Sbranti asked about the potential for some level of fencing on the creek side at the edge of the bank and separating the trail from the creek. Mr. Thompson replied we certainly could do that. Zone 7 wants no more than 4! high, so that's what we did at the park and this keeps young kids out. This would just be more money. Mayor Lockhart asked if we could in the agreement make sure the weed abatement is maintained? Mr. Thompson replied we could put this in the agreement. Mayor Lockhart asked if closing the trail is actually someone driving in and checking to make sure nobody is still in there. Mr. Thompson stated yes this is correct. Mayor Lockhart asked if there is any way to widen Wildwood? Mr. Thompson stated it was not made for any bicycle lanes and is just a two lane road. Cm. Oravetz requested the picture be displayed of their neighborhood and stated he lives in this neighborhood. He received letters from some to recuse himself and not vote on this. Occasionally an issue hits closer to them than others. Each of the members on the Council live in different areas. In their neighborhood, they have a trail that doesn't connect to other trails. He lives in the middle of the neighborhood. There is an excellent alternative and that is the trail on the eastern side. What they have is a solution that doesn't have a problem. He stated he asked the City Manager how many people had called in and asked for this trail to be opened. He moved there when his son Mas 5 years old. He is now 6'5" and 240 lbs. He told him not to go down to the creek when he was young. He is not an environmentalist, but he is very concerned about the environment. He walks this area daffy. Instead of making this a trail, why not make it a wildlife habitat. This is an excellent place to have a sanctuary. On Page $2 of 158 there is a question: "Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?" The No Impact section is checked. What about the people out here, it has a lot of impact. This will bring strangers into their neighborhood. There is already a way to get to the Iron Horse Trail. He pleaded to not open this trail. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 546 Cm. Zika stated this has been in the plan for a long time. He stated he hopes Mr. William Oliver means what he says about getting involved and hopes he speaks for a lot of the group. Get involved. He stated he saw no reason to change what is in the plan. He understands how they feel, but really doesn't think there is a problem. Based on our experience with other trails, the problems with safety are not there and he will support approving this. Cm. Sbranti stated most of the people in the neighborhood oppose and people in the community approve. Councils and commissioners change over time. Since 1992, every subsequent City Council has supported this. He stated he will still support the trail. From his personal experience on trails, he does not see some of these issues. Noise is minimal and most people are fairly respectful and quiet. He did not feel noise impacts will significantly change. When he walked this trail, there is pretty substantial brush or height and he did not see privacy as being significant. We have not seen safety problems with any of the trails in Dublin. You still see wildlife and deer on the Iron Horse Trail. When this subdivision was built, the creek was rerouted and wildlife still survived. You still see it there. Regarding fire issues, our Fire Inspector has signed off on it, and other trails open to the public, and he does not see this as significantly different. Closing during winter months and during heavy rains, he would still support and we may need to look at some mitigation with parking on Crossridge. He would like to potentially have a fence on the side by the creek as a physical barrier to remind that the creek is not open. He will vote in favor of this and felt it is good citywide for expansion of trails and is good public policy. Vm. McCormick stated a speaker asked them to do the right thing. She stated she is a certified tree hugger and she loves this trail and wants to preserve wildlife. She listened to everybody who got up and spoke. She was told there were things going on in there and all kinds of misdeeds going on. One young man said a friend asked him to go down to the creek with a gun and shoot some critters. This really impacted her, and she stated we need more eyes down there. This is a treasure for all of Dublin. She hears from a lot of the 30,000 people who want the trail open. She will support opening the trail. Mayor Lockhart stated not everybody will agree with every decision of the Council. This doesn't mean there is a lack of respect. It just means there is a difference of opinion. This is not out of disrespect. Anybody has a right to go into any neighborhood. She stated she couldn't believe Cm. Oravetz's comment about having strangers in his neighborhood. As far as neighborhood noise, you live right across from the gun range. Noise does exist. You do hear planes overhead. She heard these noises as well as wildlife while sitting outside her place on Oxford Circle. This is what it means to live in nei borhood trail ,that belongs to all residents. This is what a n.eighborhood. This is a g,h .. . . . . ..... . .. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 547 trails are all about. She feels the City will do a better job of weed abatement than what Zone 7 has done. We can work with the safety issues and close the trail at night and agreed with a fence on the creek side. Cm. Oravetz stated they were noticed when they moved into the neighborhood in 1988 that there would be noise from the base. Revelry and taps is music to his ears. Anybody can walk down Crossridge or Via Zapata or anywhere. This is an area that was previously closed and strangers can walk there. A different element can now walk in their neighborhood. Cm. Sbranti stated ff it is so secluded and dangerous there are no environmental problems. Cm. Oravetz clarified that he was saying this is not the neighborhood they signed up for. Cm. Sbranti stated on May 2 l~t, the developer Ron Nahas sent a letter in support of the project. He felt this would be a good amenity for the public. Cm. Zika made a motion which was seconded by Cm. Sbranti to adopt the Resolution and additionally to include minimum 8' chain link fence on house side and explore possibility of 4' fence in selected locations on creek side. Cm. Sbranti stated this addresses some of the concerns regarding safety. He wants to prevent people from using Crossridge as an access point for parking. With measures such as red curb or parking permits, we can control parking on Crossridge. Cm. Zika suggested they wait and see if this is a problem. City Attorney Silver stated with regard to the comments from Council about a 4' fence on creek side, the MND does not require this as a safety measure. Staff could discuss this with Zone 7 and return and this should be done separately at a later time. Also, parking is a separate and unrelated issue and Staff could return after looking at options at another time. Vm. McCormick asked does this include the 8' instead of 6' fence? Ms. Silver stated this is a Zone 7 fence and not a CEQA required fence. Cm. Zika withdrew his original motion and Cm. Sbranti withdrew his second to the motion. Cm. Zika then restated his motion. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 548 On motion of Cm. Zika, seconded by Cm. Sbranti, and by majority vote, the Council adopted RESOLUTION NO. 178-03 ADOPTING A MITIGATED NEGATIVE DECLARAT!ON AND ...... MITIGATION MONITORING AND REPORT!NG PROG~,RA~M, AND AWARDING CONTRACT 03~8 ALAMO CREEK BIKE PATH PROJECT (AMADOR VALLEY BOULEVARD TO NORTH CITY LIMITS) TO GRADETECH, INC. ($156,639.50) Cm. Oravetz voted against the motion. City Manager Ambrose clarified that Staff would explore extension of 6' to 8' chain link fence, explore some kind of fencing in areas that might have steeper slopes on the creek side, and look at parking issue on cul de sac. Staff will return to the Council with a report on these possibilities at a later date. Mr. Thompson stated if we put another 2' on the fences, most of the existing vines would have to be cut. We may want to talk to the people who back up to the fence regarding their preference. RECESS 10:38 p.m. Mayor Lockhart called for a short recess. The Council meeting reconvened at 10:47 p.m., with all Councilmember present. INITIATION OF A WEST DUBLIN BART SPECIFIC P~ ~ND~ S~DY~ FOR ..... PROPERTY LOCATED AT 6600 GOLDEN GATE DRIVE (APN # 94121500,046)PA 03~053 8:47 p.m. 8. I (410-55) Associate Planner Kristi Bascom presented the Staff Report. Ms. Ronnie Warner, on behalf of the Orix Real Estate Equities and the San Francisco BART District, has submitted a Stage 1 Planned Development application for the development of 7.26 acres of property located adjacent to the future West Dublin BART CITY coUNcIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 549 station on Golden Gate Drive. The proposal is for a multi-family residential project, hotel, and restaurant on the site. The applicant has requested two amendments tothe West Dublin BART Specific Plan for the property located at 6600 Golden Gate Drive. The first is a change in maximum permitted density on the residential site from 160 dwelling units (45 units/acre) to 210 units (58 units/acre), and the second is a change in land use designation for a portion of the site from L (Lodging), which permits hotels and ancillary uses, to Commercial (B), which permits restaurants and other smaller~scale commercial uses. Ms. Warner stated they have been working on this BART project for a number of years. They are asking for a slight change in the numbers of apartments and number of hotel rooms. The change is as a result of the market demand. They have found a lesser demand for hotel rooms and a greater demand for apartments. Cm. Zika commented we still don't know how this is going to pencil out yet. Ms. Warner stated they are currently looking for a financial investor and they will then seek approvals and they are moving forward with these numbers as submitted. The station is being designed and they anticipate starting construction in fall of next year and construction will take about 2 years. They hope to start on apartments after receiving entitlements by next summer and construction will take about a year. They anticipate selling parcels and starting construction on hotel a few years from now. Restaurant size is anticipated to be about 7,500 SCl. ft. to not only serve the hotel patrons, but citizens as well. They may find a hotel operator who wants to integrate the restaurant more so than they show now. Right now, they anticipate a separate restaurant. Cm. Sbranti asked about difference between full service and limited service hotel. Ms. Warner stated they looked at marketing the hotel site and determined they needed to change not only the siz% but the type as well. Limited service hotel would not have meeting rooms, conference rooms, banquet room as there just isn't a market for this. They are looking at something that can happen in the near term. Cm. Sbranti commented since the residential construction will come first, is there any chance to make a full service hotel happen? Ms. Warner stated a full service hotel generates a much higher trip than apartments, so they would have to reevaluate whether they could handle this. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19~ 2003 PAGE 550 Cm. Oravetz advised that when he was on the downtown task~force, they talked about the linchpin of this project being the hotel. He wasn't enthusiastic about a HOliday Inn Express type hotel coming in. Mayor Lockhart stated you can have the greatest vision in the world, but if there aren't people out there willing to build this, it isn't going to happen. The most important thing is to get the other BART station built, Maybe the economy will change and there will be a future opportunity. They are the professionals and they know what they can and can't get. City Manager Ambrose reviewed the financing of this project. When the BART Board approved the extension, it was a two-station extension. The proviso was that no major transportation funds would compete with other funds and it had to be locally funded. We had to come up with a mechanism to make this work. The private development portion will certainly contribute to this and BART will have to issue bonds and once you issue the bonds, somebody has to pay the mortgage. Mr. Ambrose advised that Dublin and Pleasanton are pledging T O T and property and sales tax and BART is pledging revenues attributable to that station towards the debt service. If that money is not adequate, they will not be able to issue bonds. We need the revenue to show the financial institutions how the bond payments can be made. There is a question as to how soon any hotel can move forward. There isn't a magic funding source for this project. If any one piece falls out, we will all have to collectively get together to see how this can work. Dan Rodrigues, Ione Way, commented the requested increase in density amounts to a lot more units. He was concerned about additional parking. He suggested we have 2 parking places for each housing unit + visitor parking. There must also be a generous amount of parking for the commercial uses. Parking at Safeway is inadequate and he stated he hopes we don't repeat this. Cm. Zika stated he read that Pleasanton is also concerned about parking. They're looking at going up. Ms. Warner stated it is BART's goal when building new parking structures that a foundation support additional levels of parking. On motion of Cm. Zika, seconded by Cm. Sbranti, and by majority vote, the Council adopted CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19~ 2003 PAGE 551 RESOLUTION NO. 179- 03 APPROVING INITIATION OF A WEST DUBLIN BART SPECIFIC PLAN AMENDMENT STUDY FOR PROPER~ LOCATED AT 6600 GOLDEN GATE DRIVE (APN # 941-1500.-046 PA 03-033) Cm. Oravetz stated his oppOsition was because of concern about Dublin's image. KB HOME ANNEX. atTION STUDY REQUEST FOR PROPERTY LOCATED AT 6960 AND 7o2o TAss^JARA RO 11: I 3 p.m. 8.2 (620-20) Planning Manager Jeri Ram presented the Staff Report. Mr. Jeffrey McMullen of KB Home is requesting that the City Council authorize an Annexation Study for 6.6 acres located at 6960 and 7020 Tassajara Road. KB Home currently has a contract to purchase the 6.6 acres from Joe and Violet Vargas and Tom and Helen Friedrich. Staff is currently processing an annexation request on the Wallis Ranch property directly {o the south of this site. The City Council is being asked to consider whether a Study should be initiated to determine ff the properties should be annexed to the City to allow for the eventual development of multi-family housing, proposed to consist of 93 townhouses and stacked flats with a proposed density of 14.1 dwelling units per acre on the approximate 6.6 acre site. Mayor Lockhart if we don't annex this piece, does it become an island? Ms. Ram responded no, because there is a small parcel above it. The property above is known as the Tipper property. We are looking at a whole series of properties that we may combine for annexation purposes. Mayor Lockhart asked about looking at these piecemeal. Ms. Ram stated this is a small piece and it may not have very many environmental concerns and probably won't be difficult to process. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 552 Cm. Zika asked if this counts as one of the amendments to the General Plan? Ms. Ram advised that this doesn't count, as it is just an annexation study. on motion of Vm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 180- 03 APPROVING THE INITIATION OF AN ANNEXATION STUDY FOR KB HOME FOR PROPERTY LOCATED AT 6960 AND 7020 TASSAJARA ROAD REQUEST TO INITIATE AN EASTERN DUBLIN SPECIHC PLAN AMENDMENT STUDY AND TO PROCEED WITH THE ANNEXATION PROCESS FOR PROPERTY LOCATED AT 656I TASSAJARA ROAD (APN # 985~0001-O01) I 1:20 p.m. 8.3 (410-55) Planning Manager Jeri Ram presented the Staff Report. The applicant has requested to amend the Eastern Dublin Specific Plan to include the project area, known as Moller Ranch, and to develop land use designations for the property. The property also needs to be annexed to the City. The whole ranch is 1,074 acres, 226 acres of which are in the City of Dublin's Sphere of Influence area but outside of the Eastern Dublin Specific Plan area boundary. The City Council discussed the exact location of the property. Bob Silva stated there is 170 acres east of this property in Alameda County and 600 or so acres in Contra Costa County. He discussed the ridgeline restrictions and slope maps within the General Plan. They propose to use the development envelopes and cluster the developed areas with open space. They have completed biological studies for endangered species and geotechnical to determine where development could and couldn't take place. They have entered into an agreement with DSRSD to provide water service to the property. A lot of issues have had in depth discussions through the environmental process. They've completed phase I of an environmental review. This will complete the northern boundary of Dublin when this is done. They request to start CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 553 the official process with the City to initiate the environmental studies so Staff can respond to site planning issues and start the annexation process. To the north, development is allowed at 1 unit per 80 acres. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 181 -03 APPROVING THE INITIATION OF AN EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY AND AUTHORIZING THE COMMENCEMENT OF ANNEXATION PROCEEDINGS FOR PROPERTY LOCATED AT 6861 TASSAJARA~ ~ROAD (APN # 985-0001-001) PA 03-049 OTHER BUSINESS 1 I:$4 p.m. Cm. Oravetz thanked Larry Tucker and Sue Flores for all their work on the welcome home parade. He had an opportunity to talk with some of our marines. He reported that the League of California Cities meeting this month is canceled. The next meeting will be a breakfast meeting in Sacramento at the conference. Cm. Zika advised that he will attend the whole conference. Cm. Sbranti stated he will probably attend one day. Cm. Oravetz advised that he may go on Sunday to the policy committee meeting. Mayor Lockhart stated the parade was very well run and thanked all who made it happen. Ceremonies at Robertson Park were very memorable. There is no shade out there, but the soldiers stayed and talked to everyone. She thanked a special family, the Orosco family, who own Casa Orosco. They did a dinner that evening for about 40 people and totally supported the program. This reunited a lot of families. The most exceptional part of the evening was when the waiters stood in front of them and sang the Star Spangled Banner. It was amazing. She stated she is an A1 fan of Casa Orosco. We should invite them to be recognized at a City Council meeting. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 19, 2003 PAGE 554 CLOSED SESSION 11:59 p.m. Mayor Lockhart advised that the Council would go back into closed session for consideration of Item 1. Conference with Legal Counsel ~~ ANTICIPATED Litigation ~ Significant exposure to litigation pursuant to Government Code Section 5495.6,9, subdivision b (one potential case) Facts and Circumstances: Government Code. Section 54956,9, subdivision (b) (3) (A) REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:57 p.m. ATI~ST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING August 1% 2003 PAGE 555