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HomeMy WebLinkAboutItem 4.01 Draft CC 4-6-04 Min Sp&Reg SPECIAL MEETING - April 6~_ 2004 A special meeting of the Dublin City Council was held on Tuesday, April 6, 2004, in the Emergency Operations Center of the Dublin Civic Center. The meeting began at approximately 5:30 p.m. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart. ABSENT: None. DISASTER PREPAREDNESS/PLANNING (520-30) Standardized Emergency Management System (SEMS) is a system designed to manage personnel and resources, as well as facilitate coordination between responding agencies in the event of a major disaster. Administrative Analyst Jason Behrmann coordinated SEMS training for the City Council, which included a general overview of SEMS as well as discussion of the Council's role in the event of a disaster. Mr. Behrmann gave the Council a tour of the EOC, which included a brief overview of the City's command center during an emergency and set up of the facility and demonstration of what would occur during an EOC activation. ADJOURNMENT The meeting was adjourned at approximately 6:$0 p.m. Minutes prepared by Fawn Holman, Deputy City Clerk. Mayor ATIZST: City Clerk CITY COUNCIL MINUTES VOLUME 23 SPECIAL MEETING April $, 2004 PAGE 128 R, EG.U~R MEETIbI~ - APRIL CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Real Property Negotiators Property: APNs 941-1560-007-01,941-£765-006~01 & 02,941-0305-034-02~ and 941-0173-002-02 Agency Negotiator: Richard Ambrose, City Manager Negotiating Parties: Berkeley Land Company, Inc., County of Alameda S P Co 872- 1-47e~ 12, Sees Candy Shops, Inc., and Anthony & Gerri Verduzco Under Negotiation: Price A regular meeting of the Dublin City Council was held on Tuesday, April 6, 2004, in the Council chambers of the Dublin Civic Center. The meeting was called to order at 7:12 p.m., by Mayor Locldaart. , ROLL CALL PRESENT: Councilmembers McCormick, Oravetz~ Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Lockhart stated that no reportable action was taken. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 129 PRESENTATION OF THE "CLEAN AIR PLAN FOR THE TRI-VALLEY AREA" 7:13 p.m. $.1 (550-10) First District Alameda County Supervisor Scott Haggerty presented the Clean Air Plan for the Th-Valley Area and reviewed its highlights. The measures contained in the plan could be implemented by local agencies and citizens who work and live in the Tri~ Valley, and would also serve as a model for use by other Bay Area communities. He requested that Dublin consider the adoption and implementation of the Clean Air Plan after its various components had been evaluated, and asked the Council to designate a representative to serve on the Tri~Valley Air Resource Team. Ellen Garvey, co-author of the Clean Air Plan, made a PowerPoint presentation and discussed the plan in length, indicating that it was intended to be an educational tool, as well as a blueprint for cities to make clean air a priority. On motion of Cm. Sbranti motioned, seconded by Cm. McCormick, and by unanimous vote, the Council received the report and directed Staff to complete an analysis and report back the findings to the Council at a later date. PROCLAMATION RECOGNIZING RONDA SLACK AS 2003 CROSSING GUARD OF THE 7:24 p.m. 3.2 (610-50) Mayor Lockhart read and presented a proclamation to Ronda Slack, who was named by All City Management as 2005 Dublin Crossing Guard of thc Year. PROCLAMATION RECOGNIZING APRIL 18-24, 2004 AS NATIONAL LIBRARY WEEK AND INTRODUCTION OF NEW DUBLIN LIBRARY MANAGER LEE JOUTHAS 7:29 p.m. 3.3 (610-50) Mayor Lockhart read a proclamation recognizing April 18 - 24, 2004, as National Library Week, and presented it Alameda County Librarian Linda Wood. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 130 Ms. Wood thanked the Council for the proclamation and outlined the events planned for the event which would be based at the Dublin Library. She then introduced new Dublin Library Manager, Lee Jouthas. Ms. Jouthas indicated that she used to work at the old Dublin Library in the 1980's when the Council meetings were held there. She indicated that she was excited to be back in Dublin and looked forward to serving as Manager at the new Dublin Branch Library. INTRODUCTION OF NEW DEPUTY FIRE CHIEF, OPERATIONS 7:34 p.m. 3.4 (540~ 1 O) Fire Chief William McCammon introduced David A. Lord, Deputy Fire Chief, Operations, and outlined the exceptional skills he would bring to the job. AI,AMEDA COUNTY HRE DEPARTMENT PRESENTATION 7:37 p.m. 3.5 (540-10) Fire Chief McCammon made a PowerPoint presentation, updating the City Council on Fire Department activities that have improved response times to the City of Dublin, as well as supplied additional information on other fire service related activities. The opening of Fire Stations 17 and 18 in eastern Dublin improved response times. The Truck Company was moved from Station 16 to Station 17, which is more centrally located; thereby improving response time. The level of service on first alarms was improved by adding an additional Engine Company to Fire Station 18. The Council thanked Chief McCammon for the excellent job Alameda County Fire Department was doing in Dublin. 7.47 p.m. Michael Conklin, San Ramon Resident, distributed information regarding the "Sentinels of Freedom: Operation Welcome Home," a community support program for returning patriots. The recognition program included City proclamations individually honoring CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 131 returning veterans who have served overseas, completed their military service and been honorably discharged or recently graduated from Military Advanced Individual Training or Military Academy. The proclamations could be included in their resumes when transitioning back into the civilian workforce. The program sets up a vehicle for the City Council to "own" the program in their individual cities. He advised that many surrounding Cities' were considering adopting the program, and encouraged Dublin to participate as well. Mayor Lockhart asked how the information regarding the returning veterans would be transmitted to the City. Mr. Conklin advised that people in the community, such as former teachers, friends and family, would tell the veterans about the program and how to get in touch the City. Occasional postings in local newspapers, as well as the City website, etc., would be helpful, too. 7:55 p.m. John T. Collins, Sr., Allegheny Drive, expressed his opinion that Dubliners would not walk on the newly widened sidewalks on Village Parkway. He also expressed his negative opinion regarding profiling by the Police and inconsistent use of the City Council speaker timer. CONSENT CALENDAR 7:56 p.m. Items 4.1 through 4.8 City Manager Richard Ambrose requested that Item 4.2, Consultant Services Agreement - Murray Schoolhouse Exhibit Design, be removed from the agenda because Consultant Gloria Matsumoto had advised that she would not be able to do the work. On motion of Vm. Zika, seconded by Cm. Sbranti and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March 16, 2004; CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 132 Adopted (4.3 600-30) RESOLUTION NO. 53 - 04 AMENDING AN AGREEMENT WITH RUGGERI-JENSEN-AZAR & ASSOCIATES FOR CIVIL ENGINEERING AND LAND SURVEY SERVICES Adopted (4.4 600-35) RESOLUTION NO. 54 - 04 AWARDING CONTRACT NO. 04-03, 2003-2004 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND CURB RAMP INSTALLATION TO AJW CONSTRUCTION and approved a Budget Change in the amount of $3,268 from unallocated Recycled Project Preference Funds; Accepted (4.5 600-35) improvements to Contract No. 03-14, 2003-2004 Annual Slurry Seal Program, and authorized final payment after 35 days if there are no subcontractor claims; Granted (4.6 120-10) use of City Seal on Child Care Links Certificates of Recognition; Received (4.7 330-50) financial reports for the month of February 2004; and Approved (4.8 300-40) the Warrant Register in the amount of $1,575~966.02. PUBHC HEARING IKEA RETAIL COMPLEX PD - PLANNED DEVELOPMENT REZONING AND RELATED STAGE 1 AND 2 DEVELOPMENT PLANS AND DEVELOPMENT AGREEMENT, PA 02-034 7:58 p.m. 6.1 (600-60/450-30) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff Report, and advised that this was the second reading of two proposed Ordinances~ which would give final approval to a Planned Development rezoning and Development Agreement for the proposed 317,000 square foot IKEA home furnishings store and a 137,000 "lifestyle" retail center, adjacent CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 133 to the IKEA store. The Eastern Dublin Specific Plan required that the Applicant enter into a Development Agreement. David Kriorzere, Briarhill Subdivision resident, stated that Dublin was well positioned to support an IKEA store. An IKEA would complement Dublin's retail mix and would provide valuable tax revenues to support the community. Mayor Lockhart closed the public hearing. Cm. Sbranti made a motion, which was seconded by Vm. Zika, to waive the reading and adopt the Ordinances. Cm. Oravetz spoke in length about his opposition to the project, citing an additional traffic burden and lowered quality of life to the citizens of Dublin, as well as the hope that "Digital Dublin" would come to fruition. He advised that a 75~foot sign, as opposed to a ~)0~foot sign, would be adequate for the project and asked the Council to reconsider the sign issue. Mayor Lockhart spoke in length about her support of the project, indicating that the cars were already driving by Dublin, but not stopping. IKEA would bring people and money to Dublin during off~commute times, as opposed to Office Campus which would clog the freeways during peak commute times. Cm. McCormick indicated a willingness to reconsider the sign. Vm. Zika stated that there was still adequate office space to accommodate the technology industry when it picked up again, and that half of the traffic generated by IKEA would happen on the weekend, not peak hours. The projected sales revenue would help with many community projects. The 99~foot sign, in principle, was too high but people needed to be able to see it to get off on Hacienda Drive, which had adequate turn lanes, and not exit off of Dougherty Road. Cm. Sbranti discussed the traffic issue and stated that the traffic volume would reduce with the addition of another IKEA in the region. There would still be 3 million square feet of office space only a ¼ mile from the BART station, which would keep the BART advantage. Quality of life would be enhanced because community enhancements would able to be completed because of the extra sales revenue. Cm. Oravetz reiterated his concerns about reduced quality of life to Dubliners, who would be affected by weekend traffic. There was still hope for the Digital Dublin dream; CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 134 the economy was looking up. Capital Improvement Projects would happen regardless of the II(EA. The Council discussed the issue of traffic and quality of life in length. Mayor Lockhart stated that, as Dublin grew from its current population of approximately 35,000 to its anticipated 60,000 at build~out, everyone would have a little tougher time getting through town, as was normal for a growing community when it balanced revenue with homes. Vm. Zika called for the question. Mayor Lockhart advised that the sign height was still an issue, and asked if there was language that the Council could add this evening that would allow Staff to continue to work on the sign issue and, perhaps, devise alternatives. City Attorney Elizabeth Silver advised that the sign height was approved at the March 16, 2004 meeting, when the Council approved the Master Sign Program no appeal had been received. The two Ordinances before the Council tonight did not include the sign. The only possibility would be if the developer were to agree to make a slight change to the Development Agreement to include language to the effect that either the approved sign would not be built to the approved height of 99 feet, or that the Applicant would apply for a different sign under a different Master Sign Program. Vm. Zika asked if the Development Agreement would have to come back before the Council if it was changed at this point. Ms. Silver advised no. Mayor Lockhart stated that community members had expressed concerns this week regarding the height of the sign, and advised that the sign would not be installed at road grade. Doug Greenholz, IKEA Real Estate Manager, acknowledged the concerns expressed for a 99' sign, and advised that it was not really 99', as it sits in a hole. The IKEA sign had only an 11-foot difference from the height of the sign at Hacienda Crossings. IKEA has worked with Staff and elected officials for two years and has developed a positive relationship. For the public record, IKEA would be willing to come back and work with Staff and officials to look at alternatives to the 99~foot sign, but preferred not to change the Development Agreement. . CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 135 On motion of Cm. Sbranti, seconded by Vm. Zika and by majority vote (Cm. Oravetz opposed), the Council waived the reading and adopted ORDINANCE NO. 10 - 04 AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE IKEA AND HACIENDA LIFESTYLE CENTER PROJECT and ORDINANCE NO. 11 - 04 APPROVING THE DEVELOPMENT AGREEMENT FOR PA 02-034, IKEA PROJECT PUBLIC HEARING DUBLIN RANCH AREA F NORTH, PLANNED DEVELOPMENT REZONE/ STAGE I FOR THE AMENDMENT AREA, REZONE/STAGE 2 DEVELOPMENT PLAN FOR THE DEVELOPMENT AREA, PA 01-037 8:30 p.m. 6.2 (450-30) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this was the second reading of an Ordinance in which the Applicant proposed a Stage 1 and Stage 2 Development Plan commensurate with the proposed land use changes to establish development standards and landscape standards for the development area. Dublin Ranch Area F is located within the boundaries of the Dublin Ranch property owned by the Lin Family. Dublin Ranch is located within the Eastern Dublin Specific Plan Area. The project site is comprised of portions of Planning Areas B, F & E, and is situated between Tassajara Road and Fallon Road approximately 2,500 feet north of I~580. No testimony was entered by the Public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Sbranti and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 136 ORDINANCE NO. 12 - 04 AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE PROJECT KNOWN AS DUBHN RANCH AREA F NORTH, PA 01-037 PUBLIC HEARING WEEDS AND COMBUSTIBLE REFUSE ABATEMENT ORDER 8:32 p.m. 6.3 (540-30) Mayor Lockhart opened the public hearing. Fire Marshal Theresa Johnson presented the Staff Report and advised that, in accordance with Resolution No. 27-04, the Dublin City Council declared that there was a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks and property within the City of Dublin. Notice of this declaration was posted, as well as abatement courtesy notices went to all known existing property owners to abate the hazard. This public hearing would allow property owners to present objections to the abatement order. No testimony was 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 directed Staff to continue with the abatement process. PUBLIC HEARING - AMENDMENTS TO THE DUBLIN MUNICIPAL CODE (DMC) (ZONING ORDINANCE) - AMENDMENTS TO TITLE 8 OF THE DMC~ ZONING ORDINANCE CHAPTER 8.127 ZONING DISTRICTS AND PERMITFED USES OF LAND; AND CHAPTER 8.108, TEMPORARY USE PERMIT~ REGARDING AUTOMOBILE/VEHICLE STORAGE LOTS 8:$6 p.m. 6.4 (450-20) Mayor Lockhart opened the public hearing. Assistant Planner Marnie Waffle presented the Staff Report and advised that this was the first reading of a proposed Ordinance in which the proposed amendments would make the establishment of automobile/vehicle storage lots in C-2, General Commercial, CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 137 zoning districts subject to a Temporary Use Permit and would establish development review standards for more effective regulation of automobile/vehicle storage lots. Cm. Oravetz expressed concern about hurting car dealerships and asked ff Staff had had discussions with them regarding the proposed Ordinance amendment. Ms. Waffle advised that Staff was currently reviewing applications for vehicle storage; however, to her knowledge, no specific discussions regarding this amendment had been held. The Ordinance was properly noticed, and no comments had been received. Council and Staff discussed the time limitations allowed by the Temporary Use Permit. Vm. Zika asked for the definition of "heavily traveled roadway." Ms. Waffle advised that the text read "as determined by the Community Development Director", but would include major roadways, such as Dublin Boulevard, Hacienda Drive, and Amador Valley Boulevard. The intent was to shield auto storage from being highly visible. No testimony was entered by the Public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Sbranti and by unanimous vote, the Council waived the reading and introduced the Ordinance approving Amendments to Title 8 of the Dublin Municipal Code, Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of Land, and Chapter 8.108, Temporary Use Permit, and continued the item to the April 20, 2004 City Council meeting for the second reading. PUBHC HEARING GREENBRIAR HOMES COMMUNITIES, INC., - TASSAJARA CREEK PHASE III DEVELOPMENT AGREEMENT, PA 02-048 8:45 p.m. 6.5 (600-60) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report and advised that this was the first reading of an Ordinance which would approve a Development Agreement between the City of Dublin and Tassajara Creek Phase III Greenbriar Homes Communities. The CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 138 Development Agreement is required by the Eastern Dublin Specific Plan, and would vest the project approvals recently granted by the City Council for Vesting Tentative Map and Site Development Permit for the project. The proposed Tassajara Creek Phase III project is part of a larger 5-phase project for the Tassajara Creek - Greenbriar project that has been approved in phases since March 2000. No testimony was entered by the Public relative to this issue. Mayor Locldaart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by majority vote (Vm. Zika opposed) vote, the Council waived the first reading and introduced the Ordinance approving a Development Agreement for Tassajara Creek Phase IH, and continued the item to the April 20, 2004 City Council meeting for the second reading. RECESS 8:50 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 8:56 p.m. with all Councilmembers present. PUBLIC HEARING APPEAL OF PLANNING COMMISSION APPROVAL OF ALAMEDA COUNTY AUTO AUCTION AUTOMOTIVE SERVICE CENTER, CONDITIONAL USE PERMIT, PA 03~070 8:56 p.m. 6.6 (410~30) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report and advised that, at its March 9, 2004 meeting, the Dublin Planning Commission approved a Conditional Use Permit for the Alameda County Auto Auction Automotive Service Center. The new automobile service center, which would provide minor repairs and service to the autos to be sold at auction, is proposed for a 19,850 square foot building located at 6938 Sierra Court in an M~ 1 (Light Industrial) Zoning District. On March 15, 2004, a third-party letter of CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 139 appeal was submitted by Rick Duemling, Tempresco, Inc. The appeal was based on the area businesses being negatively affected by increased parking pressure, additional vehicular traffic, and noise, safety and pollution issues. Staff had reviewed the basis of appeal and, based on their review, Staff recommended that the Council affirmed the Planning Commission's approval of the Conditional Use Permit. Cm. Sbranti asked if there would be outside storage of vehicles. Ms. Harbin advised that a maximum of 10 days per car would be allowed. The Planning Commission recommended that some type of fencing be installed, which would keep the vehicles from being seen. No comments were received by nearby residents. Vm. Zika asked if there was a condition prohibiting the storage of batteries or tires on site. Ms. Harbin advised battery replacement did not fall under minor repairs and would not be performed on~site. Tires would be required to be stored inside. Cm. Sbranti asked ff code compliance would be on complaint basis only or through site checks. Ms. Harbin advised a combination of both enforcement tools would be utilized. Cm. McCormick asked if the work bays would be kept open during hours of operation, and how many would be open at any given time. Ms. Harbin advised that there were no restrictions, and the number of open bays would depend on how many cars were being repaired. Health and ventilation reasons, as well, would keep the bays open. Rick Woodward, representing Alameda County Auto Auction, advised that the Applicant agreed with the Staff Report and accepted the Conditions of Approval, including the added restrictions. The private use would remain compatible with the surrounding neighborhood. Although there was street parking in that area, there would be more than enough on-site parking for the use. The proposed use would generate less traffic than the traditional use of the building. The photographs submitted by the Applicant were not intended to demonstrate the uses of the immediate 13000 block of Sierra Court, but were intended to show the uses within the general surrounding M~ 1 zone and some of the use concerns that exist with some of the businesses. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 140 Vm. Zika clarified, for the record, that they would not be changing batteries or tires at that building. Adel Saadeh, Applicant, confirmed that they would not be changing batteries or tires at the proposed site. Vm. Zika confirmed that the smog checks would take place inside the building. Mr. Saadeh indicated yes, and advised that there were tubes that fit on the auto exhausts that run outside the building, for technician health reasons. The Council asked about the number of vehicles that would arrive each day and how quickly the vehicles would be unloaded. Mr. Saadeh advised that there would be 2 - 4 loads each day, with approximately 4 - 7 vehicles per load. Each load would take approximately 20 - ~30 minutes to unload. The majority of the vehicles would be unloaded at the auction site and driven individually to the service site. Cm. Sbranti asked how many cars would be stored outside at any given time. Mr. Saadeh advised that most of the vehicles would be stored indoors. The building would easily fit 30 - 40 cars. There would also be lifts inside so stacking of vehicles could occur. Rick Duemling, Tempresco, Inc. and the Appellant, reviewed his reasons for his appeal of the project: traffic, parking, noise, and health & safety issues. He, as well as other area business owners, would like to see the integrity of Sierra Court remain and not be opened up for an auto service. There are other areas in Dublin specifically zoned for automotive. Pat Weber, Sierra Court business owner, presented a PowerPoint presentation that outlined his and other business owners concerns regarding the proposed project, including traffic, parking and noise. The Applicant might have the best intentions, but the Conditional Use Permit was very vague as to "minor repairs." There was nothing to specify what the Applicant cannot do. There was only the Applicant's word of what would not be done. What was the point of a Conditional Use Permit if it does not have conditions? The potential for abuse was there, and the SOO-foot radius notice did not include enough of the surrounding property owners. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 141 Cm. McCormick asked about the business hours of the surrounding facilities. Mr. Weber advised that most of the surrounding businesses were open Monday through Friday, so weekends were not really an issue. The auction is held one Saturday per month, with a preview on the Friday before the auction. Rick Woodward clarified that the 300Mfoot required radius took into consideration at least 15~20 homes across the canal, so the appropriate notification was done. The other contributor to traffic on that street during the weekend was the church. Cm. Oravetz asked if they considered any other locations in Dublin. Mr. Woodward advised that there were no appropriate locations available to service the number of cars proposed, as well as provide the close proximity needed. Mayor Lockhart asked Staff if there were other permits needed in order to operate the facility that would have restrictions on the types of uses in a building. Ms. Harbin indicated yes, other permits would have restrictions on how to dispose materials and waste, etc. Mayor Lockhart clarified, for example, that a permit would be required to set up a paint booth. Ms. Harbin indicated yes. Mayor Lockhart closed the public hearing. Mayor Lockhart stated that other car dealership trucks offioaded vehicles every day on much busier roadways. It was not convenient, but people get around them. The Appellants' major argument seemed to be that this would change the face of his business neighborhood. She could not make the case to deny the Conditional Use Permit based on this report. Cm. McCormick asked if the services that could and could not be performed could be listed in the CUP. Ms. Harbin referred to Condition # 1, which listed the minor repairs allowed. The Council discussed "minor repairs" and work that was "related" to minor repairs. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 142 Cm. Oravetz stated that the other business owners, who are expressing that they did not want the project to occur, needed to taken into consideration. Mayor Lockhart agreed that businesses should not be lost over the issue, but the Applicant should not be denied just because someone disagreed with the proposed use. The Applicant was proposing to do minor repairs, some of which other surrounding businesses might currently be doing to their own .fleet vehicles. Cm. Sbranti advised that he had mixed feelings, and stated that the biggest concern, in terms of M- 1 zoning, was if one auto use was allowed it would lead to more and more auto uses in the region. There was a big difference between an auto auction and auto service/repair. Vm. Zika made a motion, which was seconded by Mayor Lockhart, to adopt the Resolution affirming the Planning Commission's approval of the Conditional Use Permit. Cm. McCormick stated that the terms "minor" and "related repairs" should be clarified and the condition tightened. City Attorney Silver advised that if the Council wanted to tighten Condition # 1, it could be changed to read"...provide auto repair service limited to smog testing and minor related repairs; safety inspection and minor related repairs..." The addition of the word "minor" in those two places would clarify that the repairs have to be minor ff they are related to smog testing or safety inspection. If the Council chose that option, technically the Council would not be completely affirming the approval of the Conditional Use Permit by the Planning Commission, because a slight modification was made. The resolution would then be affirming, in part, the Planning Commission's approval of the Conditional Use Permit. The Council would still be denying the appeal but making a slight change, which could be done at this meeting. Vm. Zika suggested adding the end phrase, "all other repairs are prohibited." Ms. Silver advised that a Conditional Use Permit, by nature, only allowed what was allowed and everything else was prohibited. However, it would not hurt to made the modification. City Manager Ambrose clarified that the Council's direction was to insert the word "minor" in front of "related repairs" for smog testing and safety inspection, and insert "all other repairs are prohibited." CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 143 The Council concurred. On motion of Vm. Zika, seconded by Mayor Lockhart, and by majority vote (Cm. Oravetz and Cm. Sbranti opposed), with modifications to Condition # 1 to the Conditional User Permit, the Council adopted RESOLUTION NO. 55 - 04 AFFIRMING THE APPROVAL OF A CONDITIONAL USE PERMIT REQUEST FOR PA 03-070 TO OPERATE AN AUTOMOTIVE REPAIR AND SERVICE ESTABLISHMENT TO SERVE THE ALAMEDA COUNTY AUTO AUCTION IN AN EXISTING BUILDING WITHIN THE M-1 LIGHT INDUSTRIAL ZONING DISTRICT AND LOCATED AT 6938 SIERRA COURT PUBHC HEARING DUBHN TRANSIT CENTER SITE A-2 (EAH, INC,) STAGE 2 PLANNED DEVELOPMENT ZONING AND DEVELOPMENT AGREEMENT 9:57 p.m. 6.7 (600-60/450-$0) Mayor Lockhat4 opened the public hearing. Assistant Planner Marnie Waffle presented the Staff Report and advised that this was the first reading of two Ordinances which would approve a Stage 2 Planned Development Zoning and Development Agreement for the construction of a 112~unit affordable apartment community located on a portion of Dublin Transit Center Site A at the southwest corner of Dublin Boulevard and DeMarcus Boulevard. The project proposed three stories of residential over one level of parking. All units will be affordable to very- low and low-income households. The property is zoned PD, Planned Development, and is located within the Eastern Dublin Specific Plan area. The General Plan and Eastern Dublin Specific Plan land use designation for the property is High Density Residential. Al Bonnett, Sr. Vice President of EAH, Inc, introduced his company to the Council and presented a PowerPoint presentation showing samples of their work and outlining the company's philosophy. EAH operates throughout California and Hawaii, and this was their first development in the Tri~Valley. Affordable rents are of the highest concern to them~ and all of their rents will be affordable. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 144 Vm. Zika asked if the 3-bedroom units would be limited to people with children. Mr. Bonnett advised that tax credit program would not allow that policy. Vm. Zika congratulated them for a well~laid out plan, and expressed concern regarding parking. BART riders would take up much of the on-street parking. Mr. Bonnet suggested that the Council add a provision for limited on~street parking. The Council discussed possible time limitations for on-street parking and agreed that a two~hour limit would be appropriate. Vm. Zika asked why there was no laundry facility on the third floor. Benny Wong, Sr. Project Manager for EAH, advised that the architect complied with the California Housing Finance Agency and Tax Credit requirements for affordable housing; however, EAH felt that an additional laundry facility on the top floor was necessary. Vm. Zika asked EAH to seriously consider adding a laundry facility on the top floor. No testimony was entered by the Public relative to this issue. Mayor Lockhart closed the public hearing. The Council congratulated EAH, Inc., on the unusually high number of 5-bedroom units offered, as well as the very affordable rents. On motion of Vm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the first reading and introduced the Ordinance approving a Stage 2 Planned Development Zoning; waived the first reading and introduced the Ordinance approving a Development Agreement; and continued the item to the April 20, 2004 City Council meeting for the second reading. SOLID WASTE FRANCHISE CONSULTANT SERVICES AGREEMENT 10:17 p.m. 7.1 (600-50) Administrative Analyst Jason Behrmann presented the Staff Report and advised that the current solid waste franchise agreement with Waste Management expires on June 30, 2005. Consultant services are required to assist the City in preparing a Request for Proposal and negotiating a franchise agreement for solid waste and recycling collection and disposal services. Staff believed that R3 Consulting Group's provided the best CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 145 overall approach and value to the City. The total cost of the agreement is for an amount not to exceed $7~),050. It is estimated that one third of this amount will be spent in FY 2005~04, requiring a Budget Change in the amount of $2(I,¢50 from Unappropriated General Fund Reserves. The remaining amount will be included in the FY 2004~05 Budget. The City will receive 100% reimbursement of these costs from the selected hauler. Cm. McCormick asked if the proposed workshops would be separate from regular Council meetings. Mr. Behrmann advised that the workshops would be open for public participation, but in a separate venue dedicated specifically to this issue. Cm. Sbranti expressed concern about the timing of the workshop and a December contract because the November election could result in a different Council. Mr. Behrmann advised a change in Council was a normal course of business, and it often happened that different Councils began and ended a project. New Councilmembers would be brought up to speed on the project because the June 30, 2005 deadline would still be applicable. Assistant City Manager Joni Pattillo clarified that the Council workshop was intended to be a scoping to determine the needs of the community. The schedule would be dependent upon the Consultant and Staff. If the Council so desired, the schedule could be modified. Vm. Zika asked how much the annual contract was currently worth. Mr. Ambrose advised that the garbage contract was currently between $4-5 million. As Dublin grows, that dollar amount would go up. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 5¢ - 04 APPROVING AN AGREEMENT R3 CONSULTING GROUP FOR SOLID WASTE FRANCHISE PROCUREMENT SERVICES and approved a Budget Change in the amount of $26,650. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 146 CONTINUATION OF EMERGENCY ACTION AND PROGRESS REPORT ON REMEDIATION WORK AT THE DUBLIN CIVIC CENTER 10:28 p.m. 7.2 (530-10/600-30) Public Works Director Melissa Morton presented the Staff Report and advised that the Civic Center incurred water damage from rain in early March. At its March 16, 2004, meeting the City Council approved a declaration of emergency in order to allow a waiver of competitive bid to obtain a contractor for environmental remediation work related to the water intrusion and authorized a budget of up to $220,000 for the work. This item would approve a continuation of the declaration of emergency while the remediation work continues. Cm. McCormick asked if Staff had an estimate as to how much will be spent. Ms. Pattillo advised that the cost was well within the budgeted $220,000. Cm. Sbranti asked about preliminary indications as to the cause of the problem. Ms. Morton advised that preliminary reports showed that the window systems and the block walls along the perimeter and interior walls had leaks. The Zahn Group would define the remediation process. Ms. Pattillo advised that the Zalm Group was exploring various options, and a report will be presented at the April 20th Council meeting. On motion of Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 57 - 04 APPROVING CONTINUATION OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER and continued the item to the April 20, 2004 meeting for Council review 'of emergency action taken. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 147 INFORMATION AND COMMENT LETFER ON THE DRAFr CITY OF LIVERMORE MUNICIPAL AIRPORT 2004 MASTER PLAN UPDATE AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 10:34 p.m. $.1 (420-50) Senior Planner Andy Byde presented the Staff Report and advised that the City of Livermore published the Draft City of Livermore Municipal Airport 2004 Master Plan Update and Initial Study/Mitigated Negative Declaration for public comment. The Airport Master Plan addressed further development of the Airport, including airfield improvements, aircraft storage, and commercial services for the Airport. Staff reviewed the document and drafted a comment letter, which expressed concern that the scope and content of the Mitigated Negative Declaration was not adequate. Mayor Lockhart asked about Livermore's next steps. Mr. Byde advised that the next step would be for Livermore to adopt the Mitigated Negative Declaration. If the Council directed Staff to send the comment letter, and the plan was still approved, then perhaps the City Attorney would become involved. The map used in the plan was a very old base map that did not refer to Dublin at all. The Council and Staff discussed the plan, its deficiencies and its exclusion of Dublin, as well as the number of potential landings and flight time limitations. Cm. Oravetz suggested discussing the issue at a Tri~Valley Council meeting. Mayor Lockhart recommended that it first be discussed at the Liaison Committee level. The Council concurred that a Liaison Committee meeting between Livermore and Dublin should be held to discuss the issue. Mayor Lockhart noted that litigation may be the end result. City Attorney Silver advised that the first step would be for Dublin to comment on the adequacy of the Mitigated Negative Declaration, which would be the purpose of the draft comment letter. The letter asked that the Mitigated Negative Declaration not be adopted until adequate mitigation measures were identified to fully mitigate the impacts. Livermore would also have to go to the County Airport Land Use Commission and refer the proposed changes to its Airport Master Plan to the County Airport Land Use Commission. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 148 The Council discussed on the impacts to Dublin, including decibel averaging and times of day the levels were taken. The Council agreed to have a Livermore~Dublin Liaison Committee meeting first, in addition to the letter of response. Carl Aaron, Ironwood Drive, advised that the airport noise did not affect him at his current home location, but the draft letter seemed reasonable to a layman such as himself. Citizens cannot expect travel systems to remain static over time and most changes are for the better. Milton Righetti, Eastern Dublin Property Owner, advised that he had sent an email to Staff, which was distributed to Council in case he was unable to attend. He attended tonight's Livermore Planning Commission meeting regarding the Airport master plan, and the matter was continued to the May 4t~ at a forum that would accommodate everyone. The comments to the Negative Declaration were continued to May 6th. He suggested that those dates be verified. He felt that the Negative Declaration did not fully address the impacts of the airport. This was the time to request that an Environmental Impact Report be performed to allow everyone a chance to comment on the impacts and mitigation issues. On motion of Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council received the Staff Report in concept, incorporating comments from Alan Rosen, and authorized Staff to send the letter to the City of Livermore. Council further directed Staff to arrange a City of Liverrnore/City of Dublin Liaison Committee meeting to discuss the issue. ESTABLISH A NEW CAPITAL IMPROVEMENT PROJECT TO IMPROVE THE DESIGN OF THE CENTRAL PKWY/PERSIMMON DRIVE INTERSECTION 11:04 p.m. 8.2 (600~ 35) Public Works Director Melissa Morton presented the Staff Report and advised that this item was to appropriate funds for a new Capital Improvement Project to design intersection improvements at Central Parkway/Persimmon Drive in Fiscal Year 2003~ 2004, with construction to be included in the 2004~2005 Fiscal Year Capital Budget. The improvements would enhance the sight distance when turning left from eastbound Central Parkway onto Persimmon Drive. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 149 On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council established a Capital Improvement Project to improve the design of the Central Parkway /Persimmon Drive intersection, and approved a Budget Change in the amount of $15,000 for design of the project in FY 2003-04. JAZZMASTERS WORKSHOP 11:07 p.m. 8.3 (950~30) Heritage and Cultural Arts Supervisor Theresa Yvonne presented the Staff Report and advised in February 2004 the Heritage and Cultural Arts Commission reviewed a proposal to partner with JazzMasters, a not-for-profit organization providing music mentoring to school children dedicated to the art of music performance. The Heritage & Cultural Arts Commission recommended that this be added to the FY 2004-05 Goals & Objectives Program and offered this summer. At the time of writing of the Staff Report, $1,000 had been donated for the program from Mark Sweeney of Hacienda Business Park, and the original recommendation asked the Council to consider subsidizing this program at a cost of $1,000. However, since then, an additional donation of $1,000 had been received. With the $2,000 donation and the recommended fee of $100 per student, no additional money was needed from the Council. Mr. Ambrose clarified that in order to effectively advertise this program, Staff needed to finalize the Summer Brochure at this time, which was why it was being brought before the Council in advance of the Goals & Objectives. Cm. McCormick clarified that we're now not providing any money. Mr. Ambrose advised that, at this time, Council would need to sponsor the program and advertising it in Dublin's Summer Recreation Guide. David Kriorzere, Dublin resident, indicated that he had the privilege of working with Parks & Community Services Director Diane Ix)wart, as well as other Staff. There are a lot of kids looking forward to beginning this program. He urged the Council to look beyond the original discussion and consider extending the program to elementary children, as well. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 150 Mayor Lockhart thanked Hacienda Business Park and Penn Brothers for their $1,000 each, and indicated that a charge of $100 per student was a very reasonable cost for music lessons. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council accepted the JazzMasters Program at no cost to the City. REQUEST TO AMEND POSITION AIJ.OCATION PLAN IN FY 2003-04 CITY OF DUBHN BUDGET 11:14 p.m. 8.4 ($$0-20) City Manager Ambrose presented the Staff Report and advised that the need for additional staff ,aras clearly apparent with the additional complex workload. During this last fiscal year, the amount of high priority projects assigned by the City Council increased, yet the number of Staff available to process the projects stayed constant. Additionally, over the past few years high priority Goals and Objectives in the area of advanced planning have increased, requiring Senior Planner level attention and thereby reducing the available hours of senior level staff to work on development-related projects. The use of consultants was evaluated and determined not to be a good use of City funds. Since the position would be added this fiscal year, it would be necessary to amend the FY 200$-2004 Position Allocation Plan. It is not likely that the position will be filled prior to preparing the draft budget for FY 2004~2005. Therefore, if the City Council approved the new position and, as a result of preparing the FY 2004-2005 budget, determined that funds needed to be allocated elsewhere, the recruitment could be placed on hold. On motion of Cm. Sbranti, seconded by Vm. Zika and by unanimous vote, the Council adopted RESOLUTION NO. 58 - 04 APPROVING AMENDMENT TO THE POSITION ALLOCATION PLAN ADOPTED IN THE FY 2003-2004 CITY OF DUBLIN BUDGET CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 151 AGREEMENT WITH ENVIROCOM COMMUNICATIONS STRATEGIES FOR THE PROVISION OF COMMUNICATIONS FACILITATOR TO ASSIST THE CITY AND THE DUBLIN HOUSING AUTHORITY IN STUDYING POTENTIAL RENOVATION/REDEVELOPMENT OF ARROYO VISTA PUBLIC HOUSING 11:19 p.m. 8.5 (600-40) Housing Specialist Julia Abdala presented the Staff Report and advised that at its meeting of February $, 2004, the Council authorized City Staff to solicit proposals for a consultant to provide communication/facilitation services in presenting the results of a Planning/Financial Feasibility Analysis of renovating/redeveloping the Arroyo Vista Complex to the residents of the housing complex. Staff and the Mayor interviewed three firms interested in providing the services requested. Based on qualifications and references, Staff recommended the services of Surlene Grant with Envirocom Communications Strategies. The Council expressed its confidence in Envirocom Communications Strategies' ability to do an excellent job. On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 59 - 04 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND ENVIROCOM COMMUNICATIONS STRATEGIES TO PROVIDE COMMUNICATION/FACILITATION SERVICES FOR THE ARROYO VISTA FUBLIC HOUSING COMFLEX RESIDENTS and approved a Budget Transfer in the amount of $7,000 from the Inclusionary Housing In-Lieu Fee Fund for work under the contract during the remained of FY 2003-2004. REPORT ON 2004 DUBLIN PRIDE WEEK ACTIVITIES AND ACCEFFANCE OF DONATIONS TO THE CITY 11:22 p.m. 8.(3 (150-80) Administrative Analyst Jason Behrmann presented the Staff Report and advised that Dublin Pride Week is an annual event that seeks to promote a positive image for the City of Dublin. This year's event, which is scheduled for the week of May 1 st - May 8th, CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 152 includes activities such as a poster contest, blood drive, canned food drive, e-waste collection, creek clean-up and other community improvement projects. The Committee members included members of the City Council and Staff, as well as representatives of Dublin Unified School District, Waste Management, Tri~Valley Herald, Chamber of Commerce, DSRSD, Z~>ne 7, Boy Scouts, Girl Scouts, Dublin/San Ramon Women's Club, Dublin Lions Club, Citilinks and other community volunteers. Mayor Lockhart asked the easiest way to sign up to volunteer for a community project. Mr. Behrmann advised that volunteers could call City Hall at (925) 833~6650 or go to www.dublinprideweek.com to sign up for various events, including the blood drive. The Dublin Pride Week website design was donated by Citilinks. The Council congratulated Staff and the Dublin Pride Committee members on a job well done. The event was shaping up to be bigger and better than ever. On motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council received the report, accepted the donations, and directed Staff to prepare formal acknowledgement to the donors. OTHER BUSINESS 11:39 p.m. City Manager Ambrose invited the community to attend the annual Eggstravaganza would be held Sa~rday, April 10th at 10:00 a.m. at the Shannon Park. Cm. Oravetz advised that he had attended the Tip a Cop fundraiser at Applebee's Restaurant. Tips were donated to charity. Vm. Zika advised that he, the Mayor and Assistant City Manager met last month with Congressman Pombo to request additional funds for I~550. An additional $5 million was allocated for HOV lanes of I~ 550, and Congressman Pombo should be publicly thanked. Cm. Sbranti advised that Associated Community Action Program (ACAP) has been dealing with difficult times with County cutbacks. Although funding is less, they are still working to provide affordable housing and jobs. CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 153 Cm. McCormick announced that Dublin was the recipient of the 2004 Clean Air Award from the American Lung Association. Mayor Lockhart advised that she had recently met with Congressman Pombo and Don Young, House Transportation Committee Chair, and spoke about transportation issues in our region. Mayor Lockhart announced that she attended Wheels' inaugural program for their Automatic Vehicle Locator System (AVL), which runs off satellites. Senator Ellen Tauscher was present because she was instrumental in gaining over $2 million toward the $3.5 million cost of the program. 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:44 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 23 REGULAR MEETING April 6, 2004 PAGE 154