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HomeMy WebLinkAboutItem 4.01 Draft Minu 07-17-2001REGULAR MEETING - July 17, 2001 A regular meeting of the Dublin City Council was held on Tuesday, July 17, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEES 7:06 p.m. 3.1 (700-10) New employees were introduced: Bonnie Terra, Fire Inspector and Marnie Waffle, Assistant Planner/Code Enforcement Officer PROCLAMATION 7:09 p.m. 3.2 (610-,50) Mayor Houston read and presented a proclamation extending the City Council's heartfelt thanks to the leaders, participants and sponsors who took part in the 2001 American Cancer Society "Relay for Live" in the City of Dublin, and encouraged all citizens to educate themselves about cancer, to remember someone in their life who has been touched by this disease and to support such a worthy cause. Individual Certificates of Appreciation were prepared for Gary Thuman, Albert Chavarria, Sr., Katie Mooney, Gaylene Burkett and Vivian Lau. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 294 PROCLAMATION 7:15 p.m. 3.3 (610-50) Mayor Houston read and presented a proclamation declaring Tuesday, August 7, 2001 as "National Night Out" in Dublin and called upon all citizens of Dublin to join the Dublin Police Services and the national Association of Town Watch in supporting the 18th Annual National Night Out. Chief Thuman advised everyone of the kick-off event being held this coming Sunday from noon to 3:00 p.m., at Kolb Park. Everyone is invited. PROCLAMATION 7:17 p.m. 3.4 (610~50) Mayor Houston read and presented a proclamation recognizing and congratulating the Dublin Blue Jays for their 2001 Little League Major Division District 57 Championship. Coaches were A1 Avanzino and Walt Pittman and Manager Bob Ellison. Players included Austin Angelidakis, Brandon Arata, Craig Avanzino, Jason Barnett, Vince Digirolamo, Dylan Ellison, Evan Ellison, Bobby Fahey, Spencer Humphrey, B.J. O'Bryan, Travis Pittson and Brent Songey. PRESENTATION BY YOUTH ADVISORY COMMITTEE 7:26 p.m. 3.2 (950~80) Recreation Supervisor Michelle Wierschem reported that Friday, May 18th was the date of the 2001 Dub Town Jam event. Catie Hootman was chair of the event. Catie explained the planning process for the Dub Town Jam and reported that their theme this year was "Welcome to Paradise". It was held at Emerald Glen Park from $ p.m. to 8 p.m. There were 350 teens there and it was a very successful event. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 295 7:32 p.m. Mark Breazeal, asked about the meeting tomorrow being held at Camp Parks. Can the public go to this? Mayor Houston stated yes, it is a noticed public meeting. This is the first meeting to hear what the Army's ideas are for the future of Camp Parks. 7:37 p.m. Tim Sbranti, North Lake Drive, complimented Staff on the Dub Town Jam. He commended the City Council for its continued support of Dry Grad Night and Red Ribbon Week for schools. He stated Bob Kreider will be retiring this year and he will be taking over this program. He welcomes any ideas and feedback. He also thanked the City Council for the item related to affordable housing, particularly adding a housing person to City Staff. He has seen a lot of exciting programs in other cities. This will be great for our City. Once that person is hired, they should move forward right away. All the stakeholders should be involved. Bring everyone to the table and really look at all the issues. Get the Task Force rolling and this will be good for the City. He advised that he was at a jobs/housing meeting in Sacramento today. This is good that the Council is looking at this. CONSENT CALENDAR 7:41 p.m. Items 4.1 through 4.10 Vice Mayor Lockhart pulled Items 4.5 and 4.7. Cm. McCormick pulled Items 4.2 and 4.7. Cm. Zika pulled Item 4.5. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 19, 2001; CITY COUNCIL MINUTES VOLUME 7,0 REGULAR MEETING July 17, 2001 PAGE 296 Adopted (4.3 600-40) RESOLUTION NO. 120- 01 APPROVING LICENSE AGREEMENT WITH THE CITY OF PLEASANTON FOR THE RIGHT TO CONSTRUCT IMPROVEMENTS ON PLEASANTON-OWNED LANDS AT THE 1-580/TASSAJARA ROAD INTERCHANGE and authorized the City Manager to execute the Agreement; Accepted (4.4 600- 35) improvements under Contract 01-01, Civic Center Automatic Doors and Outdoor Electrical Upgrade, authorized Budget Change of $1,397 appropriation to the Internal Service Fund for the Outdoor Electrical Upgrade, authorized final payment of $14,676 to Morgan Electric and authorized payment of 10% retention after 35 days if there are no subcontractor claims; (Resolution No. 12t-01 not assigned.) Adopted (4.6 700-20) RESOLUTION NO. 122- 01 AMENDING THE CLASSIFICATION PLAN (Assistant Civil Engineer, Heritage Center Director, Housing Specialist, Parks & Community Services Manager, Parks & FaCilities Development Coordinator, Public Works Inspector, Senior Building Inspector) and RESOLUTION NO. 123- 01 AMENDING THE SALARY PLAN (Housing Specialist, Parks & Community Services Manager, Parks & Facilities Development Coordinator, Senior Building Inspector) and RESOLUTION NO. 124- 01 AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 297 Adopted (4.8 600-60) RESOLUTION NO. 125- 01 APPROVING FINAL MAP FOR TRACT 7142 DUBLIN RANCH AREA A-7, TOLL CA II, LP Adopted (4.9 600-60) RESOLUTION NO. 126- 01 APPROVING A FINAL MAP FOR TRACT 7135 DUBLIN RANCH AREA A, TOLL CA II, LP Approved (4.10 300~40) the Warrant Register in the amount of $1,467,851.72. Cm. McCormick pulled Item 4.3 related to purchase cfa Crime Prevention Van. She stated accorah'ng to the Staff Report~ this van will transport la'ds and also supports national night out and several other programs. This is great and we probably need this van to do this. Are these programs listed on the van? She stated she felt it would be good publicity. Ms. Cunningham stated the van will be marked to be used by ail the Crime Prevention Programs. Currently we lease a van and there is no publicity so this would be v~sual. On motion of Cm. McCormick, seconded by Cm. Lika, and by unanimous vote, the Council authorized Staff to distribute Request for Proposals to qualified dealers for purchase of Crime Prevention Van and adopted (4.2 350-20) RESOLUTION NO. 127- 01 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE THREE (3) POLICE PATROL VEHICLES DIRECTLY FROM VENDOR Vice Mayor Loelchart pulled Item 4. 5 related to Affordable Housing Implementation Program Policies and Guidelines for Use of the City of Dublin Inclusionary Housing In~ Lieu Fees Fund A list under Rental Units on page 4 comes up in a number of places, indicating household targets and types of housing. //4 says, 'Tamilies with children that currenti): reside in Dublin". She stated her first thouzht was this meant comma al~er CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 298 families and thought this meant grandchildren. It actually means families with children (comma). She wanted to clarify this. We need to be specific that we are talking about and R should rea~ "Families that have children; that live in Dublin". Cm. Zika pointed out that the percentages allocated to very low~ low and moderate- income are different on page 4 from those listed on page 14 of 1G. The target groups and percentages on this page should be the same as on page 4. Mr. Peabody agreed and stated they will change this. A &pographical error was pointed out on Page 13 of 1G in the lastparagraph. Under Pn'ority 1: The first sentence~ 'This option deals primarily with housing for iow-income renters many of who... The word "who" should be changed to "whom". On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote with changes, adopted (4.5 450-80) RESOLUTION NO. 128- 01 APPROVING POLICIES AND GUIDELINES FOR USE OF THE INCLUSIONARY HOUSING IN-LIEU FEES FUND and RESOLUTION NO. 129- 01 ADOPTION OF THE AFFORDABLE HOUSING IMPLEMENTATION PROGRAM AMENDMENT Vice Mayor Lockhart pulled Item 4.7 related to the Final Tract Map for Toll Brothers. She stated she was concerned about the name Cherry Hills Lane/Court because right across the border, there is a Cherry Hills Lane in San Ramon. She asked if we route proposed names to agencies outside Alameda County. Mr. Thompson stated this was not sent to Contra Costa County, only to Alameda County for emergency response purposes. Vice Mayor Lockhart stated she felt this would be a real reason to not duplicate this name. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 299 Mr. Thompson stated the Council could approve this subject to a name change. Staff can work it out with the developer. Vice Mayor Lockhart requested that we remove Cherry Hills Court and Lane. Cm. McCormick commented on the fact that we have a program to offer street names to non-profit organizations. This actually impacts Items 4.7, 4.8 and 4.9. These are coming back already named. She suggested maybe we could ask them to donate a street to be named. Mr. Thompson stated the process that was established was someone would need to contact a developer if they're interested in inquiring about this idea. They don't go through City Staff. Mayor Houston agreed and stated he had worked on a couple of names. One was through DPIE and the other was Kaleidoscope. We allow it, but it is really up to the developer to say yes or no. The group that wants to name a street must make contact directly with the developer. Mr. Ambrose asked if they could approve the final map tonight without having the exact names. The developer stated they would be happy to select other names. Mayor Houston stated he felt the Council could leave it up to Staff and the applicant to rename these two streets. Ms. Silver stated the motion should be specific before the final map is adopted. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council directed that Staff and the developer select other names for Cherry Hills Lane/Court and adopted (4.7 600-60) RESOLUTION NO. 130- 01 APPROVING FINAL MAP FOR TRACT 7141 DUBLIN RANCH AREA A-6, TOLL CA II, LP CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 300 PUBLIC HEARING ~ DOUGHERTY ROAD LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86~ 1 7:,55 p.m. 6.1 (,360-20) Mayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that this assessment district funds the cost of maintenance and utilities for certain landscaping improvements associated with the Villages @ Willow Creek Development located along Dougherty Road. This is the first of two public hearings regarding a proposed 54% assessment rate increase. The proposed assessment for 2001~02 is $130.64 per single- family lot and $65.32 per multi-family dwelling. The City Council can receive testimony from the public, however, no action will be taken at this meeting. The second public hearing and tabulation of ballots regarding the proposed increase, will occur at the August 7th City Council meeting. Cm. Oravetz asked what was meant by reducing the maintenance. Mr. Thompson explained and stated the only pruning we would do would be for safety purposes, replacement of plants, and there would be a 60% cutback overall. Mr. Ambrose stated this assessment district could have been in a homeowners. association, but was instead set up as an assessment district. The developers set them up initially. He pointed out that the reserve also helps the district in times of drought and/or freeze when we have unexpected expenses. Nancy Soares, a Crossridge Road resident stated she and her husband have lived here for about 9 years. The location is quiet, serene and a great place to live. She has called several times over the years about the condition of the landscaping out there. Things are not really maintained in a quality manner. She stated she is more than happy to pay to have them maintained. There have been times when the City responded quickly and took care of things. She stated she learned last week from a conversation with Ginger, that the City has never gotten competitive bids, but MCE has done this maintenance all along. She asked that the City Council spend her money wisely to ensure we get a good value for our dollar. We don't know if we're getting a competitive bid. A dumpster load of plants were pulled out recently and someone told her they didn't know where the money comes from in the budget for replacement. She questioned several budget amounts. She stated she is disappointed that they are looking at such a huge increase. We should have looked at this 5 years ago. They are now looking at a 54% increase and this is the straw that breaks the camel's back. She urged everyone to tour this area on foot. She indicated CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 301 several areas that should be carefully reviewed. She suggested we take a look at Bent Creek along Old Ranch Road in San Ramon. This is what Dublin should look like. She wants to make sure they are getting their money's worth and that the figures are accurate. Mayor Houston closed the public hearing. Mr. Thompson stated some of these items are in the park budget and some will come out of the park maintenance budget. The City looked at someone who could do all kinds of things for the City. We negotiate an hourly rate with MCE and we put together a program to balance the budget with what the costs will be. The actual replacement goes up and down depending upon circumstances. They basically say how many hours it will take them at their hourly rate. It is a contract price per service. Mr. Ambrose stated some of the items are negotiated with subcontractors. The way we provide maintenance throughout the City is consistent. Some cities do it with city employees; Dublin contracts with MCE Corporation. They are the only ones who submitted a bid for our entire maintenance package. He stated he thought the last time we went out to bid was in the early 1900's. Cm. McCormick asked if there are other companies out there now, since it has been 10 or 12 years since we went out for bid. Mr. Ambrose stated we aren't aware of any. Cm. Zika asked about some of the specific questions brought up and asked for clarification. He clarified that the target is the overall budget, but we can move money around depending upon where it is necessary. Mr. Ambrose advised that an important component is sprinkler heads. Vice Mayor Lockhart commented on us having one contractor pay for this and yet we are asking the residents to pay 54% more when they are willing to invest in increased maintenance. She is interested in what kind of solutions we have to their landscaping issues right now. We've dealt with weeds along the bike path in the past. She stated she would like to give the residents confidence that their concerns are going to be addressed. Mayor Houston suggested Mr. Thompson report back to the City Council on all the issues they've discussed. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 3O2 Cm. Oravetz stated the votes will be counted at the next meeting and advised that he lives in the district. Mayor Houston stated if they feel we are doing an inadequate job, he would love to have this turned over to the homeowners. The citizens can vote how they want to vote and all the City can do is direct Public Works with regard to the maintenance. Cm. Oravetz stated speaking as a resident of this assessment district, they want to know what they will be getting for their money. Mr. Thompson stated the level of service will remain the same if they vote for the increase, because the reserves are depleted. Mayor Houston stated individual complaints can be called in to the City at any time. They don't have to wait for the annual assessment district hearing. Ms. Soares urged the City Council to put off this vote to a meeting other than the next one, so they can inform the residents what will happen if this doesn't pass. Vice Mayor Lockhart stated it sounded like we haven't done a good public relations job. Mr. Thompson stated an informational meeting was held and no one showed up. Mr. Ambrose stated City Staff could make an effort to hold another meeting. We would need Ms. Soares' help to get this together. Mayor Houston suggested using the neighborhood watch group. They should work with Public Works and set up another meeting. Mr. Ambrose suggested they use a community room in one of the apartment complexes. The Council continued the item to the August 7th City Council meeting. PUBLIC HEARING VALLEY CENTER PLANNED DEVELOPMENT REZONE PA 00-010 8:23 p.m. 6.2 (450-30), Mayor Houston opened the public hearing. Associate Planner Andy Byte presented the Staff Report and advised that this is a request for a PD Rezone to accommodate a new 8,260 square foot building at the northwest corner of Village Parkway and Amador Valley Boulevard. Additionally, the project proposes to improve the parking lot and complete a fagade improvement to the existing building known as the Valley Center. This is the second reading of the Ordinance. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 303 At the public hearing held on July yd, the City Council requested Staff to investigate the possibility of replacing the parkway strip adjacent to the sidewalk to accommodate a larger sidewalk along the frontage of the site. After working with the applicant, Staff recommended that two feet of sidewalk be added to the existing sidewalk, making a 6 foot sidewalk along the southern frontage of the site. The additional sidewalk width would come from the parking lot so that the existing park strip could still be maintained with landscaping and trees. Peter Shutts, 4133 Mohr Avenue, Pleasanton, Architect on the project, thanked Planning Staff and the Public Works Department for their help with all the different issues they've been addressing. They discussed the sidewalk issue with Planning Staff and are in concurrence with all the other conditions. They look forward to working with the City and continuing this project. Mayor Houston closed the public hearing. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 5- 01 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED ON THE NORTHWEST CORNER OF VILLAGE PARKWAY AND AMADOR VALLEY BOULEVARD AND FURTHER IDENTIFIED AS APN 941-175-21-2, 941-175-21-8 AND 941-175-21-6 TO A PLANNED DEVELOPMENT ZONING DISTRICT ESTABLISH GENERAL PROVISIONS AND ADOPT A DEVELOPMENT PLAN FOR PA 00-010 FOR PA 00-010 VALLEY CENTER PUBLIC HEARING ~ PA 01-004 TOLL BROTHERS - DUBLIN RANCH A-6 & A~7 DEVELOPMENT AGREEMENT 8:29 p.m. 6.:3 (600-60) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this is the second reading of an Ordinance approving a DA for Dublin Ranch Area A, comprised of approximately 369 acres of mixed-use development, including single- family residential, open space/golf course with appurtenant structures, and a neighborhood recreation facility. A DA is required by the Eastern Dublin Specific Plan. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 304 This Agreement will vest the project approvals recently granted by the City Council and provide for additional DA's at the time of the development of the individual parcels within the project area. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6- 01 APPROVING THE SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR PA 0t-004 TOLL BROTHERS (TOLL CA II, LP) FOR NEIGHBORHOODS A-6 & A-7 OF DUBLIN RANCH AREA A Mayor Houston announced that Item 8.1 would be considered next on the agenda. PUBLIC HEARING AMENDING RESOLUTION CHANGING THE AMOUNTS OF IN-LIEU FEES; RESOLUTION EXPRESSING INTENT TO INCREASE PERCENTAGE OF AFFORDABLE UNITS AND RELATED CHANGES TO INCLUSlONARY ZONING ORDINANCE; AND DISCUSSION OF LONG RANGE INCLUSlONARY ZONING ORDINANCE CHANGES 8:33 p.m. 6.4 (450-20/430-80) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that in June, the City Council asked Staff to return at this meeting with a discussion of timing for possible changes to the present Inclusionary Zoning regulations related to required percentages of affordable housing, in-lieu fees and constructing affordable units. In addition, Staff was asked to identify priority areas for affordable housing in new developments throughout the City. Mr. Peabody advised that this report proposes adoption of a resolution doubling the amount of the Inclusionary Zoning In-Lieu Fee, adoption of a resolution expressing the Council's intent to increase the percentage of required affordable units and related changes to the IZO, identifies a possible schedule for review of any IZO changes and how these issues can be resolved. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 305 Mr. Peabody gave a general summary of the provisions of the City's IZO. Mr. Peabody stated Staff recommended that the City Council: 1) Resolve whether in-lieu fees should be doubled for the present and if so, adopt Resolution; 2) confirm Council direction to establish priority areas for affordable housing in new developments throughout the City; :3) confirm Council direction to create a mandatory 15% (7.5% construction & 7.5% fee) IZO change and evaluate any other desired changes to the IZO; 4) adopt Resolution notifying developers of pending changes to inclusionary housing regulations; 5) authorize a General Plan Amendment Study to determine GP changes that may set goals for affordable housing in various geographic areas of the City; 6) instruct Staff to schedule a study session in September or October, 2001, regarding specific potential IZO amendments; and 7) instruct Staff to complete any GP and Zoning Ordinance amendments regarding affordable housing issues as they relate to Inclusionary Zoning and final Ordinance changes by November, 200I for appropriate public hearings. Don Babbitt, Regio Court, stated at the last meeting, he passed out his business cards, but none of the City Council took the time to give him a call. We need to get out of the box and start creating some study sessions and bring in all the people and look at how we address this issue. He discussed what has happened to prices in the last 23 years. He asked if the City has done any AB 1600 nexus to increase these fees. He expressed surprise that we are not enacting fees on commercial development tonight. He encouraged the City Council to put this ordinance off and get the non-profits involved. We should be able to leverage our $5 million with bonds. Get the rest of the community and the builders involved. Cm. Oravetz talked about our entire valley that is overpriced. As a builder if he came to us and the City said we have a goal of 15% for affordable units, is he willing to deal with us and have give and take between the two of us? Mr. Babbitt stated yes, this is why we need to get everyone in a room to talk about this. Cm. Zika stated the City Council has authorized and under state law, we have approved a commercial fee study. This will be about $1 per foot. We authorized in the budget $1 million from the General Fund into the housing fund. Kevin Peters with Shea Homes stated the affordable housing crisis is a real problem and it should not be entirely put on the backs of people who don't live in the community yet. Builders do need to be part of the solution. Any solution needs to be equitable and flexible and the problem he has with the resolution deals with passing through costs to only new homes. He referenced a study done in another community that was looking at CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 306 increasing their fee to 15%. This added $30,000 to each home. This could potentially make the problem worse. There needs to be more dialogue and more refinement on how a receiver zone works. We could reexamine formation of a redevelopment district of underutilized business properties. We could ask the state legislature through various forms of tax reform to produce affordable housing. He encouraged the City Council to adopt a broader resolution than what's before them tonight. Mayor Houston asked about the project on Dougherty Road and the tax credit program and requested that he describe how this worked. He asked if it can be copied. Mr. Peters responded that this was a 4% tax bond and they have to compete for these through the State of CA. This is a good tool, and a good example of ways to deal with affordable housing. Cm. Oravetz asked him about the 15% figure. Mr. Peters stated he felt 15% is an admirable goal and this is broader than what's in the resolution. Cm. Zika stated right now we have a goal of 5% and it has encouraged nobody to do anything. We've got money, but no units. What can we do to encourage the actual units? Mr. Peters stated affordable sites can be feathered out a little more to set up receiver zones for units and have a target of where they will go. The more built out the City gets, the tougher it will be. Higher density units is one way to solve the problem. There are plenty of projects around the Bay Area where you can't distinguish affordable from market rate units. Jennifer Mosel, Tri~Valley Coordinator for Community Resources for Independent Living and Dublin resident stated she has expressed concerns to former City Staff who have now left. What concerns her is we have an implementation plan but no element. This is like putting the cart before the home. All of the things could be looked at at once rather than piecemeal. That is what's happening now and it is creating controversy and more concerns. She stated she understood a consultant is close to being hired. We should use this consultant to the best use by having them look at the big picture. No one seems to think doubling the fee is the only solution. She thanked the City Council for moving forward with the 15% fee. People are watching and people notice and the City Council is to be congratulated. In~lieu fees need to be high enough to encourage builders to build affordable units. Other cities in the valley have higher fees and they have not had a problem attracting developers to their communities. Banks and landlords look at and CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 307 prefer that a ratio of only 30% of a family's income go toward housing costs. Many people commute all the way from Modesto and Sacramento because the number of affordable units available is so low that the wait lists are a minimum of two years. She stated she looks forward to participating in the solution. Peter MacDonald 400 Main Street, Pleasanton, stated he was here on behalf of the Lin Family and Marty Inderbitzen, developers of Dublin Ranch. They do not oppose an increase in the fee. When you get into the math for very low income housing, it becomes virtually impossible to work this out. They are opposed to attachment $, because it implements the policy before we've done the study. It's like ready, shoot, aim. We should talk about a 15% goal and then everyone sit down and talk about how we get this done. If you make bad decisions in the middle of a disaster, you make things far worse. The Bay Area housing market is a disaster. Set asides are probably the least efficient to the point of being counter productive as a way of promoting housing affordability. One of the first victims is redevelopment. As long as 98% of our consumers are using market rate housing, we need to look at ways to make them affordable by design and by supply. Dublin has been doing more than its share of market rate housing. Adolph Martinelli, Manager of the Alameda County Surplus Property Authority, stated they will have 1500 residential units before the City Council in the transit area. They support this increase in fees. Dublin's current fees are the lowest of any jurisdiction he is familiar with. This would be a good start. As part of their application they would propose to have a site available to accept 15% low income development and it would require resources to be directed to the site as well as their land. This would be much more effective than some small inclusionary units. He applauded the City Council for looking at the issue and stated there is a study to be done on the broader issues. Vice Mayor Lockhart stated she appreciates the County's offer of 15% affordable housing. There are some areas where it should be higher such as the transit area where she will be looking at closer to 30% overall. She would expect to see a higher percentage in that particular area. Mr. Martinelli stated they are proposing 15% moderate and not to burden the market rate project and in addition they propose to set aside a site to be a receiver for mixed family or senior housing, or in conjunction with private developers, and this would be about 200 units. They are designing the entire transit center as a unit. Cm. Zika stated he would not want the low income units to be segregated from everyone else. He doesn't want to create another Arroyo Vista. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 308 Mr. Martinelli stated the site they would make available would have various units of affordability as well as market rate units. They will have to forsake some economic opportunities in order to compete. Mr. Ambrose discussed tax incentives and bond programs, which make some of these programs possible. The percentage of the units makes you competitive for these funds. As we get into this, we will have to look at it carefully. Bruce Fiedler, a 15 year resident of Dublin, stated for the last 16 years he has directed an affordable program in a neighboring community. He supports revisions to the policies and guidelines for the IZO being considered. He talked about the district where he has worked since 1985. Diversity in the buildings is reflected also in the diversity of the income and family composition among residents. The spirit of inclusion is critical to the well-being of our City's economy and to the vigor of the spirit and soul of Dublin. Guy Bjerke, with Home Builders of California, stated they desire to see a more broadly based solution. Establish a goal and fold this discussion into a broader view and consider all the options. Setting numbers is a mistake. Set a goal and with additional work, you may come to different conclusions during this process. They are greatly concerned about the attachment 3 resolution as this is putting the cart before the horse. It implies that anyone who comes in to make an application tomorrow, they will be subject to the regulations, no matter what they may be. People have to comply with the rules as they exist. They find this troubling. Cm. Zika stated we have a 5% goal now and we are not achieving this. What can we do? Putting the goal higher is a meaningless figure. If we put a mandatory clause in, then you have to meet it. Mr. Bjerke stated the question will be what is the new homebuyer's share? In the scheme of things, it may be a different figure. Staff will have to explain why Dublin hasn't met its housing goals. He's concerned about the 7 ½%/7 ½% as hard numbers. The resolution doesn't change the program, it just doubles the fee. Cm. Zika asked if they object to any mandatory number or to the 15%. Mr. Bjerke stated they don't know right now what makes the most sense for the build out of Dublin. Cm. Oravetz stated as a Planning Commissioner they approved many projects. The goal is now 15%, but they're asking for flexibility in getting to that 15%. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 309 Cm. Zika stated he is looking for something with a little more teeth. We've tried the carrot and it hasn't worked. He stated he wants units, so if we do inclusionary, we get units. Tim Sbranti stated he agreed with Bruce Fiedler about the healthiest and most vibrant communities being those with a mix of high end and very low. Inclusionary zoning can help with the goal that we share. Mayor Houston closed the public hearing. Vice Mayor Lockhart stated since suggesting this 15% figure, she has had a lot of opportunities to discuss this with the development community and appreciates the feedback she has gotten. Dublin is not currently accomplishing its goals and it's time to start doing something about it. Make builders and developers partners and work together. She stated she agreed that we cannot put the responsibility for affordable housing on one group or element in our community. It is the responsibility of the entire community. She applauded Mayor Houston's suggestion of putting in the $1 million. This will keep affordable housing as a priority in our community. In trying to have a mix, we may lose some very good projects. Fifty percent will be in the moderate range and she stated she doesn't want to see us sacrifice this group because it can't support low and very low. Land banking, fund pooling, etc., can be looked at to help us accomplish needed housing. It will take some work to get the tool box together and figure out ways of doing this. She would like to see us go with a 15% affordable goal tonight and put together workshops to come up with ideas of getting us to where we want to go. She would like to see us make changes in the resolution that establishes Citywide goal of 15% and works toward making all of Dublin an affordable and wonderful place to live. Cm. McCormick stated she wanted to talk about doubling the in-lieu fees. We've been the lowest in the area for years. She proposed that the Council approve doubling the fees. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council agreed to double the in-lieu fees and adopted RESOLUTION NO. 131 -01 AMENDING RESOLUTION NO. 57-97 ESTABLISHING THE METHOD FOR DETERMINING THE AMOUNT OF HOUSING IN-LIEU FEES PA 01-014 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 310 With regard to the resolution stating the City's intent to increase the percentage of affordable units, Cm. Oravetz suggested changing the third whereas to add "goal". Mayor Houston stated he felt the important thing is to do the study first. We have no idea what the ramifications are and what this really means. If you waive fees, it's really more than 15%, because you have to add in infrastructure costs. We are somewhat like a giant homeowners association. Every unit built has to pay for certain fees for services. Until we know what the ramifications are, we should wait until the consultant looks at this. Throwing out any number right now doesn't make any sense. Cm. McCormick stated this is a notice of intention, but it actually won't take effect until after a study is done. What is the purpose of changing anything in this now? It is academic, so what is the purpose of tweaking it? Vice Mayor Lockhart stated we are making it quite clear that our goal is 15%, and this stimulates the discussion in this area. Mayor Houston stated he felt the message has been heard. He doesn't see any reason for this resolution at all. There is no teeth in it, but there is not meant to be anyway. Mr. Peabody stated this is not a requirement. We have done this before when we have contemplated an increase in fees. It puts it on record that we are considering changes. Mayor Houston stated since we annexed the transit area we've known that high density projects are coming along. This gives us an opportunity to really sink our teeth into something. He discussed our numbers with neighboring community's numbers. We have a long way to go, but to say we haven't done anything is simply not true. He applauded the Council for saying this is a Citywide problem and putting General Fund money in. He again stated he did not feel we even need this resolution at this time. Cm. Zika clarified that all this has to be put together by the end of the year. Mr. Peabody stated we are already working on the housing element right now. Cm. Zika discussed looking at a fee based on selling price of a new home. By the end of the year, we will hopefully have our act together. Cm. McCormick stated she felt we need this goal and we need this number. CITY COUNCIL MINUTI~$ VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 311 Vice Mayor Lockhart stated she is not willing to back away from the goal of 15% Citywide at this point. The infrastructure is probably the biggest thing. It costs the same to build a road in front of this house as that house. Vice Mayor Lockhart referenced the third "whereas" of the resolution, which currently reads: "WHEREAS, the Council has expressed its intent: A. to increase the City's Affordable Housing Set Aside, to 15%, and g. to prohibit In-Lieu Fees from being used for a portion of the Affordable Housing Set-Aside, which would not exceed one-half of the Affordable Housing Set-Aside; and WttEREAS~ . . . NO W~ THEREFORE~ be it resolved that the Ci& intends to amend the Inclusiona~T Zoning Or~'~ance: a) to increase the amount of the Affordable Housing Set-Aside to an amount that would not exceed 15% with corresponding amendments to the percentages of moderate, iow and very low income units; and b) to prohibit In-Lieu Fees from being used for more than one-bMr of the Inclusionary units." Vice Mayor Lockhart suggested changing it to read: A. to establish a Citywide affordable housing goal of 15% and the second a) would read: a) to establish a Citywide affordable housing goal of 15% and leave out amount that would not exceed one~half... The Council next discussed potential wording: A. to establish a Citywide affordable housing goal in an amount not to exceed 15% of new housing units and to leave in both B. and b) as they currently read. Mayor Houston stated he felt at some point you have to do the study. Vice Mayor Lockhart suggested, after additional discussion, that they remove both B. and b) sections. Following further discussion, Vice Mayor Lockhart stated she did not mind leaving B. and b) in. We don't want everybody copping out to the fee. We want to close this loophole. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 312 The final agreed upon language was: WHEREAS, the Council has expressed its intent: A. to establish a Citywide affordable housing goal of 15%; and B. to prohibit In-Lieu Fees from being used for a portion of the Affordable Housing Set-Aside, which would not exceed one-half of the Affordable Housing Set-Aside; and WHEREAS, the City intends... NOW, THEREFORE, be it resolved that the City intends to amend the Inclusionary Zoning Ordinance: a) to establish a Citywide affordable housing goal in an amount of 15% of new housing units; and b) to prohibit In-Lieu Fees from being used for more than one-half of the Inclusionary units. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, with the changes discussed, the Council adopted RESOLUTION NO. 132- 01 EXPRESSING THE CITY'S INTENT TO INCREASE PERCENTAGE OF AFFORDABLE UNITS AND RELATED CHANGES TO THE INCLUSlONARY ZONING ORDINANCE Mayor Houston voted in opposition to the motion. Mayor Houston asked if the General Plan and Zoning Ordinance amendments regarding affordable housing issues as they relate to Inclusionary Zoning and final Ordinance changes would be done with all the other studies? Mr. Peabody stated they could change the General Plan and look at changing the Inclusionary Zoning Ordinance. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted Staff recommendations as follows: #2 Confirmed Council direction to establish priority areas for affordable housing in new developments throughout the City. #5 Authorized a GPA Study to determine GP changes that may set goals for affordable housing in various geographic areas of the City. #¢ Instructed Staff to schedule a City Council study session in September or October, 2001, regarding specific potential Inclusionary Zoning Ordinance amendments. #7 Instructed Staff to complete any GP and Zoning Ordinance amendments regarding affordable housing issues as they relate to Inclusionary Zoning and final Ordinance changes by November, 2001 for appropriate public hearings. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 313 10:08 p.m. Mayor Houston called for a short recess. with all Councilmembers present. At 10:16 p.m., the Council meeting reconvened PUBLIC HEARING WEST DUBLIN BART SPECIFIC PLAN AMENDMENT FOR CROWN CHEVROLET AND ENEA/HHH PROPERTIES 8:3:3 p.m. 6.5 (410-55) Mayor Houston announced that this item was being removed from consideration. In June, the Planning Commission considered this Specific Plan Amendment. Following the Planning Commission's recommended approval, it was determined that additional technical analysis regarding traffic impacts was needed before further consideration by the City Council. A public hearing will be noticed for a future City Council meeting when the technical analysis is completed. INTERIM AGREEMENT BETWEEN CITY AND TOLL CA II, LP FOR ISSUANCE OF BUILDING PERMITS FOR MODEL HOMES IN DUBLIN RANCH AREAS A~6 AND A-7 8:30 p.m. 8.1 (600-60) City Attorney Elizabeth Silver presented the Staff Report and advised that the Council just adopted an Ordinance approving a Development Agreement with Toll CA. The Ordinance becomes effective in 30 days. Once the DA is effective and the developer has complied with all other requirements, the City may issue building permits for construction of homes within the development. Ms. Silver stated in the interim, the developer has asked for permission to begin construction of model homes. The purpose of this interim agreement is to provide assurance to the City that, if an application is received for a building permit for a model home prior to the effective date of the DA, all other requirements are satisfied for issuance of such a permit and the City issues such a building permit, all risks associated with issuance of a building permit prior to the effective date of the DA are borne by the developer. The interim agreement would allow for the issuance of no more than 4 building permits each for model homes in Area A-6 and A-7. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council authorized the Mayor to sign the Interim Agreement. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 200t PAGE 314 ALAMEDA COUNTY REDISTRICTING PLAN 10:18 p.m. 8.2 (620-70) Economic Development Director Chris Foss presented the Staff Report and advised that a Redistricting Plan is a legally required process to redraw the Alameda County Supervisorial Districts to equalize the population in each district. During this redistricting process, Alameda County held 13 public hearings during the month of June to receive community input on the proposed plans. The Alameda County Board of Supervisors will consider the 20 redistricting plans at its July 24th meeting and must approve a plan no later than August 21, 2001. Mr. Foss stated County Staff has indicated that, if the City Council has an opinion on the plan (s), all communications should be submitted in writing prior to the July 24th Board of Supervisors meeting. Adolph Martinelli stated the County's population grew by about 165,000 over the last 10 years. Some of the districts lost numbers while the majority grew. Ten of the plans show Dublin consolidated with other Livermore Amador Valley communities. Mayor Houston asked if Livermore and Pleasanton have come up with a preferred plan? Mr. Martinelli stated to his knowledge they have not forwarded comments to the Board yet. Hayward has indicated they would like to see Hayward kept in tact. Fremont would like to see their City divided so they will have 2 supervisors. They feel they will have more authority on the Board than with just one Supervisor representing them. Vice Mayor Lockhart stated Livermore members have indicated to her that they would prefer to see Dublin included in the Valley. Cm. McCormick stated she would like to see us included with Livermore, Pleasanton and Sunol. Also, we could include Castro Valley. Vice Mayor Lockhart suggested alternative P, in order to include major shared traffic issues and there's also the issue of open space, which we share with Castro Valley. Cm. McCormick stated she would like any plan to keep the Valley intact and to also include Castro Valley. It was pointed out that Option K splits Dublin in half. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 200'1 PAGE 315 The Council discussed who put forward the various plans. Cm. Zika made a motion, which was seconded by Cm. Oravetz, to say the Dublin City Council favors any plan that puts Dublin in with the Valley cities and that we like Plan P the best. On amended motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Dublin City Council expressed a desire to go on record in support of the alternative shown as Plan P. PROPOSED ENERGY-RELATED PROJECTS - REQUEST FROM STATE OF CALIFORNIA FOR ADDITIONAL CONSERVATION MEASURES 10:32 p.m. 8.3 (1020-50) Administrative Analyst Ginger Russell presented the Staff Report and advised that this item discusses a request from the State of California that the City reduce its energy usage by 15% and proposes Capital Improvement Projects designed to conserve energy and to provide additional emergency power for the Civic Center. The proposed projects include upgrading the emergency generator, a lighting retrofit, and an HVAC retrofit. The total cost of the three projects would be $1,348,060. Ms. Russell discussed General Fund costs, Internal Service Funds available, potential rebates and payback periods. The Council discussed the Emergency Generator and the HVAC Renovation at the Civic Center. Mr. Ambrose stated there have been occasions when he has come very close to having to close down City Hall because of inside temperatures approaching 90 degrees. Cm. McCormick asked how this would relate to any energy plants the Mayor is looking at. Cm. Oravetz stated if we had our own power plant as the City of Alameda does, we would not have rolling blackouts. Cm. McCormick questioned if we need to look at this equipment if we are looking at possibly going in a different direction. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 316 Mayor Houston stated he felt if we have an emergency~ this is not money wasted. Working toward our own power facility is a lot more involved. This is a short term insurance policy that we can use for different things. He stated he would support all of the recommendations. Mayor Houston stated some of the cities are doing better than we are at conserving. We are doing the best we can. He requested that we write a letter to the Governor. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council authorized Staff to proceed with the three Capital Improvement Projects, authorized the Mayor to execute the pledge form for 15% reduction, and approved the Budget Change. OTHER BUSINESS 10:47 p.m. Mr. Ambrose reminded everyone of the joint City Council meeting with San Ramon on July Z4th at 6 p.m., to discuss the Fire Union's request. Mr. Ambrose advised that on July 25th, MTC will be having a press event to announce the $1.$ million funding to Dublin for the eastern Dublin transit center project. We are being allocated more money than any other city in their jurisdiction. Mr. Ambrose announced that the League of California Cities Annual Conference this year is being held in Sacramento on September 12~15, 2001. Whoever wishes to attend should advise Staff so that reservations can be made no later than August 1*t. Staff also needs to advise the League who will be the City's voting delegate, and if anyone will be carrying the City's flag in the opening ceremony. Cm. Zika stated he will attend and will cast the City's vote. Cm. Oravetz stated if he attends, he will carry the flag. Vice Mayor Ix>ckhart advised that a resident e~mailed her about a pothole on Amador Valley Boulevard going westbound in the left lane underneath the underpass. She requested that Staff take a look at this. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July '17, 200'1 PAGE 317 Mayor Houston welcomed Avia, a new tenant of 67,000 sq. fi. of space in the Koll Center. Also Burlington Coat Factory will be coming into the old Montgomery Ward store. ADJOURNMENT 11.1 There being no further business to come before the Council~ the meeting was adjourned at 10:$g p.m. ATTEST: City Clerk Mayor CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING July 17, 2001 PAGE 318