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01-07-2003 Adopted CC Minutes
CLOSED SESSION None. A regular meeting of the Dublin City Council was held on Tuesday, January 7, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, OravetZ, Sbranti, Zika and Mayor Lockhart. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and thos~ present in the pledge of allegiance to the flag. City Manager Richard Ambrose explained that even though there was an absence of equipment in the Council Chambers, the meeting is being recorded. We have new wall~ mounted cameras and equipment and hopefully everything works smoothly this evening. We will no longer need the overhead carts and wires that we have been used to seeing. The lighting phase of the project will be completed in February. We are anticipating that we may have live televised City Council meetings by the February time period. INTRODUCTION OF NEW EMPLOYEES 7:03 p.m. 3.1 (700-10) Two new employees were introduced: Code Enforcement Officer Dean Baxley and Fire Marshal Theresa Johnson. C~.TY C©~J'NC~L M~NUTES VOL~.JME 22 MAYOWS APPOINTMENTS TO CITY COMMJSSIONS/COM1VIIqTEE 7:08p.m. 3.2 (110-30) Following Dublin's general municipal elections in November of even-numbered years, terms expire on each of the City's commissions/committees. Openings are advertised extensively within the community. This year, the City advertised: 1) at the Day on the Glen Festival held in September; 2) in the City's Newsletter which was mailed to all homes in Dublin in November; and 3) through newspaper ads which ran multiple times. Applications were received as follows: Planning Commission Parks & Community Services Heritage & Cultural Arts Commission Commission (2 Openings) (3 Openings) (4 Openings) Elpi Abulencia Burr Cain Diona Cheng Karen Angel Alan Elias Janet Fasulkey Herbert J. Bettencourt Richard Guarienti Connie F. Mack Jonathan C. Do Kasie Hildenbrand Georgean Vonheeder-Leopold Kasie Hildenbrand Zev Kahn, M.D. Sally White Don D. Johnson Ira Leitner Morgan D. King Neil McLean Todd Machtmes Margaret O'Brien Senior Center Advisory Fred Musser Joe Torrisi Committee Greer Patton Marjorie Wong-Gillmore (2 Openings) Christine N. Rodrigues Steven Jones ** Burr Cain Steve Polos Barbara Gifford Georgean Vonheeder-Leopold Greer Payton Marjorie Wong-Gillmore Anh-Thu (Ann) T. Nguyen * * ** Received after deadline PLANNING COMMISSION: Mayor Lockhart recommended the appointment of Morgan King and Todd Machtmes to 4 year terms which expire in December 2006. Morgan King and Todd Machtmes were both present and thanked the Mayor for their nomination. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council confirmed the appointment of Morgan King and Todd Machtmes to the Planning Commission. C~T'~? COUNC~.L M~N~!TE$ VOLUME 22 ~AGE 2 PARKS & COMMUNrI'Y SERVICES COMMISSION: Mayor Lockhart recommended the appointment of Burr Cain, Richard Guarienti~ and Kasie Hildenbrand to 4 year terms which expire in December 200¢. Burr Cain, Richard Guarienti and Kasie Hildenbrand were all present and each thanked the Mayor for their nomination. On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council confirmed the appointment of Burr Cain, Richard Guarienti and Kasie Hildenbrand to the Parks & Community Services Commission. HERITAGE & CULTURAL ARTS COMMISSION: Mayor Lockhart recommended the appointment of Janet Fasulkey, Connie Mack, Georgean Vonheeder-Leopold and Sally White to 4 year terms which expire in December 2006. Janet Fasulkey, Connie Mack, Georgean Vonheeder~Leopold and Sally White were all present and each thanked the Mayor for their nomination. On motion of Cm. Oravetz, seconded by Cm. McCormick, and by unanimous vote, the Council confirmed the appointment of Janet Fasulkey, Connie Mack, Georgean Vonheeder-Leopold and Sally white to the Heritage & Cultural Arts Commission. SENIOR CENTER ADVISORY COMMIITEE: Mayor Lockhart recommended the appointment of Barbara Gifford and Greer Payton to 4 year terms which expire in December 2006. Barbara Gifford and Greer Payton were both present and each thanked the Mayor for their nomination. On motion of Cm. Sbranti, seconded by Cm. Zika, and by unanimous vote, the Council confirmed the appointment of Barbara Gifford and Greer Payton to the Senior Center Advisory Committee. 7:21 p.m. Richard Bond related an incident which happened Sunday. They met with some of their new neighbors. Some of their comments were, "what gives Brittany Lane residents the Ci~T¥ COUNC~'L VOLUME 22 ~¢~EGULAR PAGE ~ power to decide the height of their homes?" They said the City Planning Department told them this. They had friends who wanted to purchase lot # 1, but was told that it was unbuildable. Owners of lot 7 could not get cars in or out of the garage. The height conveyed to the architect was wrong, so they had to start again. The City Planning Department approved these plans. They said they were given neither the 1991 or the 2002 approvals by the City Planning Department. The Planning Department should know and apply its own rules. He stated he is not a trouble maker, and they do not deserve this label. He requested that the City Council advise the Planning Department that they should not represent them to new people in their neighborhood in this manner. Cm. Oravetz asked what stage of development they are in right now. Mr. Bond stated he understands they may have to go through a Site Development Review. Mayor Lockhart suggested that if these new people have issues, it would be a good idea to have them expressed here at the City. 7:28 p.m. David Bewley, Brittany Lane, stated he came on December $~d to the Council meeting and asked that the City Council consider helping them with the rules related to the Black Mountain Development. Residents of Brittany Lane are requesting that the Council require a new SDR for SDR Application PA 00-009 and for Lot 6. They further request that the February 2000 Second Conditions of Approval, which allow the development of the 6 custom lots on Brittany Lane and the one Custom Lot on Rolling Hills Drive, be reviewed in a public meeting with the purpose of establishing firm guidelines consistent with the First Conditions of Approval established for their subdivision in 1985, the Second Conditions of Approval established February 2000, and the Dublin Heritage Tree Ordinance. Mr. Bewley stated they further requested that the Council reconsider the exceptions granted allowing modification of mandatory setbacks based on size of a home due to the inappropriate precedent it establishes for the rest of their subdivision. Mr. Bewley presented a memo detailing their request to agendize this issue. 7:30 p.m. Ira LeRner, Mahogany Street, stated he was one of the applicants for the Parks & Community Services Commission and stated he loves living here in Dublin, and in fact, has an Oakland Raider living next door. He has coached pennant winners and little league. When the sun goes down over Pleasanton ridge during the summer, there is about a 15~minute period when it is very dangerous at Emerald Glen Park. He stated he feels Emerald Glen Park is absolutely the most beautiful place around. One of the fields off Gleason Drive is really muddy and they track mud into their homes. He asked if something could be done about this. CONSENT CALENDAR 7:32 p.m. Items 4.1 through 4.3 On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of December 17, 2002; Adopted (4.2 600~30) RESOLUT~O~ NO~ I -03 APPROVING THE. SELECT~ON OF MUNIFINANC~AL, ~NC., TO CONDUCT FISCAL AND ECONOMIC ANALYS~S FOP, TP~NS~T V~LLAGE CENTER Approved (4.3 300~40) the Warrant Register in the amount of $2,109,855.42. 7:33 p.m. Mayor Lockhart reported that she had received a written communication from Roxanne Nielsen asking that we use the Nielsen brand TN on the cattle depicted in the underpass art mural. The Council indicated they felt this was an excellent idea and requested that this information be conveyed to the artists. PUBLIC HEARING - AMENDMENTS TO THE INCLUSIONARY ZONING REGULATIONS REGARDING CHANGES TO PRIORITIES USED IN THE SELECTION OF OCCUPANTS FOR INCLUSIONARY AFFORDABLE UNITS; THE PERCENTAGE OF HOUSEHOLD INCOME ALLOWED FOR HOUSING EXPENSES; AND LAND DEDICATION REQUIREMENTS IN LIEU OF BUll.DING AFFORDABLE UNITS 7::34 p.m. 13.1 (450-20) Mayor Lockhart opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this is the second reading of an Ordinance amending Chapter 8.t38 of the Dublin Municipal Code regarding Inclusionary Zoning Regulations. Specific elements of these amendments include: A financial change in the required household income necessary to qualify for Inclusionary units · A change in the priorities of various affordable housing groups in the selection of new Inclusionary units as recommended by the City's Housing Task Force · A specific new Land Dedication requirement in lieu of building affordable units that can occur when the City Council determines that this option should be taken Cynthia Morse stated she was on the task force and she understood they worked very hard on the point system. A public service employee living in Dublin would get 4 points. She referenced the example used and stated she felt this is unclear and could cause some problems. Mayor Lockhart stated they did intentionally add one point for public service employees living in Dublin. After lengthy discussion, Ms. Abdala clarified that it is intended that a public service employee living in Dublin would get a total of 7 points. She stated Staff would change the language on Page 5 of the Exhibit to the Ordinance to make this clearer. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and adopted, with the clarifications discussed ORDINANCE NO~ 1 -03 A[~IEND~NG CHAPTER 8.68 OF THE DUBLIN M[JN~C~PAL CODE. RELATING TO HOUSEHOLD ~NCOME, AFFORDABLE HOUSEHOLD PRiORiTiES AND LAND DEDICATION REQUIREMENTS RESIDENTIAL OFF-STREET RECREATIONAL VEHICLE PARKING REGULATIONS 7:43 p.m. 7.1 (570-20/570-30) Planning Manager Jeri Ram presented the Staff Report and advised that at the City Council's request, Staff prepared an informational report on the City's current off-street, residential recreational vehicle regulations. The report included information on enforcement of these regulations and also looks at how surrounding cities regulate recreational vehicles. A survey of vehicle storage facilities was also included which identifies the proximity and availability of storage facilities. Assistant Planner Marnie Waffle discussed the existing regulations. Ms. Ram stated Staff requested direction as to whether additional studies should be conducted. Ms. Ram advised that we received 20 formal complaints in 2002. Cm. McCormick asked about the complaints we had received. Ms. Ram stated Staff tried to get people to comply. We tried to work with the citizens and we have a pretty good success rate. Cm. Zika asked if they toured all the streets, or how they selected the streets. Ms. Ram stated most of the complaints were in the western part of town and they just picked a 24 block random selected area. Mr. Ambrose pointed out that in the older part of the community, lots tend to be larger. Cm. Sbranti asked about the nature of most of the complaints. Ms. Ram stated a few reportedly had people living in them or were parked on the lawn, or not screened. Staff will work on code enforcement for the $4 found in non~ conformance. Mr. Ambrose discussed the history of the Zoning Ordinance. Over the years it has been modified by Councils to include certain things on a proactive basis rather than just by complaint. Cm. Zika clarified that RV's parked on the street are a different issue. We're forming a committee to deal with these. Kathleen Robinson, Frederiksen Lane, stated she was here in October showing photos of an oversized vehicle parked in what was displayed as the green area. RV's should not be able to be parked in front yards. She lives right next door to one parked in a front yard and it is huge. These large ones need to be parked off-site. The older neighborhoods rely on the City to work with the neighbors to have a charming and quaint neighborhood. Code enforcement is the only means they have of maintaining their neighborhoods. She requested that we look at size limitations. Cm. Oravetz stated he clearly agreed that the overly large RV's don't belong in front yards. There is, however, only one storage spot available in Dublin. Ms. Robinson stated there is a new site opening in Concord and a new one in Fremont and asked, isn't it the person's responsibility to find parking for their oversized RV? This shouldn't be up to the City. Cm. Oravetz stated he did not disagree, but when people bought these, they felt they could legally park them in accordance with Dublin's rules. We need to come up with something to tell these folks regarding where they can park their RV's. Mayor Lockhart stated she has been interested in getting some zoning along Dougherty Road as uses change to get some storage in there. She hasn't been successful. Cm. Oravetz stated he felt this could be a business opportunity for someone. He suggested if we change the rules, give them a fair amount of time to move them, such as 6 months. CITY COUNC'~L M~iNUTES REGULAR MEETING j~sis, ry 7, 20%3 PAGE 8 Cm. McCormick stated she felt for new owners, it should be immediate. We should put a foot limit on those that could be stored in yards. She questioned if there is ever a penalty for disregarding our code. Ms. Ram stated yes, we have a graduated citation basis from $100 to $500 and then it goes to misdemeanor. They generally comply. Moving and screening takes some time, but we've been fairly successful. Cm. Zika stated he has a big problem with storing them in front yards and would like to see a length limit and would also like to see them not just one foot, but 1 O' back from the sidewalk and screened. Mr. Ambrose requested clarification on some of the issues and areas. Cm. Zika pointed out where he would like to see a fence allowed. Cm. Oravetz stated he isn't interested in changing the Zoning Ordinance, but would rather use enforcement and get the big ones out. Ms. Ram pointed out at one time we did allow them to park in the green area. These are non-conforming uses. Ms. Silver stated even if you have a legal non-conforming use, you can require a legal amortization period. Mayor Lockhart stated she felt if you are going to allow anything in the front or side yard, you have to control the size. Mr. Ambrose stated for the gray and yellow areas, Staff will bring back size limitation options. Staff will bring back some examples of heights and lengths. For the blue area, Staff will look at limiting length and height. Cm. Zika felt the main issues are height and length and setback from sidewalk. He would like to see us look at at least 3' and maybe even 10'. Ms. Robinson asked if currently it is okay to pave a spot on the green area? Mr. Ambrose stated the green area is looked at on a case~by~case basis. Mayor Lockhart stated she felt we should look at not allowing this anymore. People are on notice that we are going to be studying this. CITY CC~U'NC~L MINUTES PAGE 9 Rich Bond stated personally, he felt any boat trailer or RV parked in the front yard is an eyesore. Height is very important. Could we do something to say ff the ownership of the property changes, the old rules would no longer apply? Cm. Sbranti stated he felt this is a good idea, but difficult to track. Cm. McCormick stated she would rather just phase it in. Cm. Sbranti asked why we didn't merge the two issues together in relation to the RV's? Mayor Lockhart explained that one is looking at changing an Ordinance and the other is looking at a neighborhood issue and the police deal with this as a traffic safety issue. This committee (Oversized Vehicle Parking Committee) will be formed in the very near future. COUNCIL SUBCOMMITIZE REPORT ON VOLUNTEER RECOGNITION CELEBRATION 8:22 p.m. 7.2 (610-20) Assistant to the City Manager Julie Carter presented the Staff Report, which included an evaluation of the City's second Volunteer Recognition Celebration which was held on October 11, 2002. The Council Subcommittee (Mayor Lockhart and Cm. Zika) met with Staff to discuss past and future events. The Council Subcommittee proposed changes as follows: 1) Move the Volunteer Recognition Dinner event date from October to February, beginning in 2004. The event would include a banquet dinner and the guest list would include the Mayor and City Council, all nominees for Citizen and Organization of the Year, outgoing Commission/Committee members, current Commission/Committee members, City Manager, City Department Heads, State and Local Elected Officials, Local Agencies/Service Groups (limited to Board Members or President/Vice President), City Volunteers, and City Staff members who are assigned as liaison to City Commissions/ Committees or Volunteers. C[T'¥ C©'[JNC~L M.~N~2TTES V©LUNiE 22 REGULAR MEETING PAGE ~0 This year only (2003), a small reception would be held for outgoing Commission/ Committee Members that are leaving office this month. There would be no event in October of this year. 2) During a Council meeting in August of each year, provide the City's Youth Advisory Committee, Summer Day Camp Volunteers, Junior Leader Volunteers (JLP) and Dublin Swim Center Volunteers (JAWS) with Certificates of Appreciation from the City Council. $) Continue to include the Citizen and Organization of the Year as part of the Volunteer Recognition Dinner event. It was recommended that the Council Subcommittee responsible for the Citizen and Organization of the Year process (Mayor Lockhart and Vice Mayor McCormick) come back to the City Council with evaluation criteria and/or an evaluation point system for reviewing applications. Moving the Volunteer Recognition Event to February provides a clear understanding that the recognition is for the prior year's activities/service. In February 2004, recognition of Citizen and Organization of the Year would occur for services performed during the 2003 calendar year. Mayor Lockhart stated we have also added the Mayor's award and will continue doing this. Cm. Sbranti suggested we take a look at location for the event. We will have a large room at the Library and we could pay to have some tables brought in and have it catered. POHCY FOR ACQUISITION/ACCEPTANCE OF HERITAGE CENTER MUSEUM ARTIFACTS 8:27 p.m. 8.1 (910-10) Parks & Community Services Director Diane Lowart advised that the Heritage Center Director and a committee made up of representatives from the Dublin Historical Preservation Association (DHPA), the Heritage & Cultural Arts Commission, a local fourth grade school teacher, and two Interpretative Docents from the Dublin Heritage Center have drafted a Collections Management Policy for the Dublin Heritage Center Museum. The purpose of the Policy is to define the collecting goals for the Heritage Center Museum within standard museum policy and procedural guidelines. Heritage Center Director Elizabeth Isles reviewed the draft Policy. Adoption of the proposed Collections Management Policy and Procedures will establish a foundation for developing permanent exhibits and progressing the Heritage Center Museum to a level of professionalism that is comparable to other museums. These policies will help to facilitate a successful and sustainable historic site to benefit the citizens of the community of Dublin. Cm. Sbranti stated he felt the policy is overdue and important. He noted nothing post~ 1 f)60, and asked if any thought had been given to modern day Dublin when it started with the Volk McClain development. This needs to be on the radar screen. Ms. Isles stated this policy would not exclude any significant artifacts important to the town. Mayor Lockhart agreed that this is really when the character of the community started to change. We actually got a stoplight and a grocery store. Cm. Sbranti stated he felt this is important as the birth of modern Dublin. Cm. Oravetz discussed going to Applebee's recently and they have pictures of Dublin from years ago. Cm. McCormick stated for collecting and acquisition, the policy is good. Since we are a City with people still here in the community who remember the earlier days, she would like to see us possibly acquire some of the artifacts that people have hoarded in their homes. She stated she would like to see a little more participation from one person from DHPA and one from the H&CA Commission and one from Staff look over these items and maybe the people would be the only one who has extensive information about these things. Cm. Sbranti asked about the policy of loaned items. Will this category be reviewed by Staff or just categorically denied? Ms. Isles stated they would use short term loans for specific exhibits. This would be encouraged. Long term loans are not to the advantage of the museum. Cm. McCormick suggested for future program other cities have from time to time put ads inviting people who have old photos to bring them in to have Staff look at them and see if we can generate some interest. Cm. Zika stated we could have our version of the Antiques Road Show. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the Collections Management Policy and Procedures, with direction as provided by the City Council. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR HSCAL YEAR 2003-04 - PROJECT APPLICATIONS 8:42 p.m. 8.2 (480~$0) Housing Specialist Julia Abdala presented the Staff Report and advised that the City has participated in the Alameda County Urban County Housing and Community Block Grant (CDBG) Program since 1982. During this current Fiscal Year (2002-03), the City received $87,13 $ 5 in CDBG funding. Dublin's CDBG allocation for FY 20013-04 is anticipated to be $90,$79, an increase of 13%. Based on a formula used by County HUD, funds may be used for certain project categories as follows: Jurisdiction Improvement Projects $137,8G¢ Housing Rehabilitation $15,91 $ General Administration $ 13,1300 TOTAL $90,379 MS. Abdala discussed the eight proposals received for 2003~04 CDBG funding. All of the projects recommended for funding meet the CDBG program's national objectives of benefiting low and moderate income persons. However, the total amount requested for all projects exceeds Dublin's total CDBG funding allocation. Mayor Lockhart asked if these organizations were made aware of Staff's recommendations. Ms. Abdala stated Staff Reports were sent to all of them last Friday. She received several calls. Mayor Lockhart stated she would like to see us support Easter Seals - Kaleidoscope with the full $I0,000 requested, if possible. They're getting ready to make a major investment in our community. Entitlement city funding was discussed. Cm. Oravetz agreed that if we get more money, we could fund more. If we get less, would we just reduce incrementally? Mr. Ambrose stated Staff would have to bring this back to the Council. He pointed out that we have an agreement with Livermore and Pleasanton regarding jurisdiction funding. Mayor Lockhart discussed the Meals on Wheels program, and commented that it breaks down to 80 cents a meal. Mayor Lockhart stated she would like to see if we get additional funds, have it go to Kaleidoscope. Ms. Abdala clarified if we get less funding, bring it back to the City Council to discuss. If additional funding is received, it goes to Easter Seals - Kaleidoscope. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council directed Staff to submit applications for $90,379 in CDBG funding for FY 2003- 04 as follows: City of Dublin - Sidewalk Ramps $9,844; Dublin Housing Authority - Arroyo Vista Roof Repair $34,000; Annual Contribution toward Acquisition/ Rehabilitation of Tri~Valley Haven's Sojourner House as agreed to in the Participating Agreement between the Cities of Livermore, Pleasanton, Dublin and County of Alameda $5,427; Senior Support Program of the Tri~Valley $9,508; Tri~Valley Haven Domestic Violence Shelter $15,000; Spectrum Community Services - Meals on Wheels $5,000; Easter Seals Bay Area - Kaleidoscope After School $5,000; and Program Administration $6,600; and authorized the Mayor to sign and send letter to County of Alameda Housing & Community Development Department requesting the redirection of $15,913 of Dublin's 2003-04 CDBG funds from the Alameda County Housing Rehabilitation Program to the uses listed above. DUBHN RANCH AREA G NEIGHBORHOOD PARK 8:56 p.m. 8.3 (600-30) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report and gave a historical perspective and overview of the process. Two public workshops have been held to obtain input on the design of the 4.8 acre neighborhood park in the Dublin Ranch Area G development. Ms. Alex introduced Aditya Advani, with the Consultant Firm, Royston Hanamoto Alley and Abey who made a presentation regarding the alternative conceptual designs considered for the neighborhood park, as well as the recommended preferred design. The preferred alternative conceptual design retains the central circle and weaves a curvilinear pattern along the edge of the park. In accordance with the City of Dublin Parks Master Plan, basic park program elements include a play area for toddlers and school-aged children, picnic area~ informal turf area and rest-room facility. Based on public input, the additional recreational elements include a dog run area, basketball court, volleyball area and game tables. Although bocce ball was identified by the Landscape Architect as a potential recreational element for the park, the public did not rate this as a high priority. Cm. Oravetz asked about the dog run, and whether it will be fenced in or just an open grass area. Mr. Advani responded that it will be about half an acre, which will be fenced. A dog park was discussed, but this is a dog run for essentially small dogs. They can be off leash and run around. The basketball court was discussed. It will be a full size court, but not lighted. The baseball field was discussed. Cm. Oravetz stated he really likes the idea of the walking path. Mayor Lockhart stated she likes the idea of the track. The walking path at Alamo Creek Park has some nice features. There is nice material on the path and it is very comfortable. She requested that Staff explore other material options than just concrete on this track. C~I'¥ C©UNC~L M~.NUTE8 V©L~/ME. 22 REGULAR NIE ETilNG PAGE ~5 Cm. Sbranti asked about picnic tables. This area will primarily be surrounded by people who don't have their own back yards. Competition may be great for use of the picnic tables. He asked about game table areas. The volleyball court will be turf instead of sand. Ms. Alex stated they will come back to the City Council with more detail regarding the types of materials they are proposing, probably in late February. Cm. Zika suggested not combining the school age area and the toddler area. The older kids tend to not see the younger ones. He stated he likes the gap between the two areas. Mr. Ambrose pointed out a problem is parents have trouble watching the kids if the areas are separated. Cm. Zika asked if we have any statistical information on how many people who live in high rise developments have dogs? Ms. Alex stated she did get some information on pets from the people in attendance. She felt the dog run is in a viable location. Mayor Lockhart asked how long it will be before the people request accessories such as water and benches in the dog run area. Cm. Sbranti stated he felt it might be wise to look at another area for the basketball court if you have to put in a fence. Cm. McCormick commented on the fact that there were more votes for basketball than volleyball. Ms. Alex talked about a bocce ball court. She displayed overheads showing Sycamore Park in Danville and their bocce ball courts. Cm. Sbranti stated when he thinks of this, he envisions more of a regional park setting for tournament games with lighting and which would draw from out of the area. One court would be just for personal use. It would be good to introduce one court if there is space for it. A large sports park will develop near this neighborhood park in the future. Ms. Alex stated an extensive master plan will be planned for the sports park. Richard Guarienti stated he attended the first meeting. He supported the trails and leisure activities. One of the things he observed is who is the customer. There will not C~TY CG~E/NC:~ L MiENL~TE$ V©LUME 22 PAGE ~ 6 be lots of families with lots of kids. There will be 2 kinds of diverse people here. The consultant and staff has done a great job at listening to the customer. This is their back yard. Kasie Hildenbrand stated they did a great job in reaching out to the community. This will help to avoid complaints we see after people move in. She felt the dog run will get used by even more than the people who live in the area. She agreed that people living in this area will be smaller family sizes. Overall, the design is very nice. People will use the track. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council approved the preferred alternative conceptual design and authorized the Consultant to proceed with preparation of design development plans. APPROVAL OF RESALE AGREEMENT FOR USE WITH OWNERSHIP INCLUSIONARY UNITS 9:44 p.m. 8.4 (600-30) Housing Specialist Julie Abdala presented the Staff Report. A form Resale Agreement was presented, which will be used as the vehicle to maintain affordability on ownership Inclusionary Units for 55 years, as required in the City's Inclusionary Ordinance. Staff anticipates that the first time the Agreement will be used will be for the 103 Inclusionary condominiums to be constructed by Toll Brothers in Area G in eastern Dublin. Staff noted that the time period for the life of the Resale Agreement with Toll Brothers for this project will be for 30 years. Ms. Abdala discussed the various features of the agreement, including: 1) Restrictions on future sale price; 2) Increases in value of unit; 3) Option to purchase; 4) Owner- occupied units; and 5) Input from Agencies. Staff requested direction from the City Council on two items contained in the Resale Agreement. One issue relates to the percentage of equity to be shared in case of the City's abandonment of resale restrictions. Staff did some preliminary research and has not yet identified any cities that have this type of equity sharing. The Council may find that 25% equity would be appropriate as it allows the owner to still realize a benefit from the sale of the unit, and also allows the City to continue to deposit funds into the Affordable Housing Fund. Issue two related to shared appreciation at termination of resale restrictions. Staff believes that 25% would be reasonable because it still allows the owner to realize a benefit from the sale of the unit, and also allows the City to continue to deposit funds into the Affordable Housing Fund. The Council discussed the way the equity is determined at the time of sale of the property. Cm. Oravetz stated he felt we should not put any restrictions on the amount people could earn in equity. The council pointed out if this were the case, units would no longer be affordable once they were sold. Cm. McCormick asked where the 25% would come from to repay the City. Ms. Abdala stated at the end of 55 years, there would be some pretty good windfalls. The City could somehow share in the equity and money could go into the in-lieu fund. Cm. Oravetz stated he would say 5% to the City. Cm. Zika stated he would say 50% to the City. Mr. Ambrose stated in the case of Toll, the City has not funded with any inclusionary fees. Cm. Zika suggested that we could say at the end of 55 years, they could sell it for market rate and they would be entitled to profit, based on how the median income has increased. Mayor Lockhart stated we would give them 75% of the profit, regardless of how much that is. Cm. McCormick and Cm. Sbranti also felt 25% for the City was a good percentage. Cm. Oravetz argued for 5%. On motion of Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, the Council agreed to the 25% figure and adopted RESOLUTION NO, 2:- 03 APPROVING A FORI~I RESALE AGREEI~ENT TO RESTRICT THE SALE OF OWNERSHIP IiNCLUS~ONARY UNI~TS Cm. Oravetz and Cm. Zika voted in opposition to the motion. 2003 GOALS & OBJECTIVES (G&O) MEETING/ BUDGET STUDY SESSION AND COUNCII,/COMMISSION WORKSHOP 10:09 p.m. 8.5 (100-80) City Manager Richard Ambrose presented the Staff Report. Annually, the City Council holds a special meeting to define the City's G&O for the upcoming year. The City Council this year also expressed an interest in expanding participation of the City's Commissions in the G&O process. Staff requested that the Council provide direction on proposed City Council/Commission Workshop(s), related to: topics to be considered; whether Council desires to meet with all Commissions at the same time or individually; should Advisory Committees to the Parks & Community Services Commission be included; should a facilitator be secured; and establish a date and time for the workshop(s). Staff also requested that the Council determine if the same approach used in establishing the City's G&O in 2002 should be used for 2003 and establish a date for the G&O special meeting during the week of March 31, 2003, and determine if the Budget Study Session should be held on the same date as the G&O meeting or at a separate meeting. The Council determined that Goals & Objectives would be the topic. The G&O of each Commission should be discussed. This would be a way to focus for the year. On the issue of whether they should meet will all Commissions at the same time or individually, Mayor Lockhart and Cm. McCormick both indicated they liked the idea of having them all together. Cm. Sbranti asked how the structure would work. Mayor Lockhart stated she would like to have the people get to know each other. This would most likely be on a Saturday. Mr. Ambrose stated they could schedule a half day and we could provide lunch. We could provide a continental breakfast at 8:30 a.m., and start at 9 a.m., until noon or 1 p.m. Mr. Ambrose clarified that the City Council would not be making any decisions, but just having dialogue. The Council discussed whether the Advisory Committees to the P&CS Commission should be included and determined that the advisory committees have their own goals which relate to the overall goals of the Commission. They could provide their input to the P&CS Commission and then the Commission could bring them forward. Mayor Lockhart pointed out the meeting will be open to the public, so if they wanted to come, they could. The Council determined to just stick with the Commissions. The Council determined that a facilitator will not be necessary; the Mayor and Staff can lead the meeting. After discussing dates and times, the Council determined that it should be held on Saturday morning, March 1st, with a continental breakfast available at 8:30 a.m., and with the meeting to start at 9 a.m. With regard to the approach to be used for the G&O meeting, the Council indicated they liked the process and the way it is done. The Council discussed having a top 10 list, but agreed there were reasons such as budget implications as to why this couldn't actually be done. The Council established a date of Monday, March 31st starting at 6 p.m., for the G&O meeting and determined that the Budget Study session be held at the same meeting. CiTY C©UNC~L REG'~iLAR ME'ET'~iNG OTHER BUSINESS 10::31 p.m. Mr. Ambrose gave a reminder of the LAFCO hearing on Thursday at 4:30 p.m, for the Silveria annexation. Mr. Ambrose advised that as a result of heavy rains we have had problems with Alamo Creek Channel and reportedly~ Zone 7 is willing to accept this and make necessary repairs. This is moving toward a long term resolution. Mr. Ambrose announced that an acceptable solution has been identified regarding the Dublin Library windows. We will meet with Library Staff this week to map out a new schedule. We hope to have our part done by late February, and then we will get a handle on how much time the library needs to get their equipment in. Staff will come back to the City Council with a date for the grand opening. Mayor Lockhart reported that Dublin will host the Alameda County Mayors Conference in April. Hopefully~ the Library will be open by then. Cm. Oravetz reported that a LAVTA meeting will be held this coming Monday afternoon, January 1 Sth. He and Cm. Sbranti will attend the League of California Cities monthly East Bay Division meeting in Orinda on January 16th. The featured speaker will be Dan Borenstein, Political Editor for the Contra Costa Times, as well as special guests Loni Hancock and Guy Houston. On January 24% he will attend a League policy committee meeting in Southern California. Cm. McCormick advised that she had attended an Alameda County Library Foundation meeting. They are planning the preview opening of the Library. They are looking toward the end of March. It will be quite an event. It will be a fundraiser for the Library Foundation. Cm. McCormick reported that Dublin Pride Week will be April 26th - May 3rd this year The Dublin Pride Week Committee has been meeting and planning lots of activities. If anyone wishes to join the Committee, they can call Assistant City Manager Joni Pattillo at 833-6650. Mayor Lockhart announced that the Recycle Committee is meeting in Pleasanton on Thursday, January 9th at the Four Points Sheridan, where recycle issues and projects will be discussed. On January 15th, she will attend the 1~580 Truck Corridor Safety meeting with the Highway Patrol. On Thursday, January 16th at 7::30 a.m. at the Pleasanton Hilton, the Martin Luther King Jr. event will be held. Mr. Ambrose talked about the Zone 7 trail issue and she stated she wanted to publicly thank Steve Calthough, one of the Zone 7 Board Members, for representing the residents of Dublin on this issue. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:$9 p.m. ' -'9 Mayor AT1ZST: ~ CITY C©~iNC~ L 'M}iN ~iTES 'V©L~iME 22 REG Li LAR PAGE 22