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HomeMy WebLinkAbout02-04-2003 Adopted CC MinutesFebruary 4, 2003 ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Zika and Mayor Lockhart. ABSENT: Councilmember Sbranti CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Mayor iockba~q advised that Cm. Zika received an email dated February 3, 3005 from Morgan IO'~S, concerning item 5.1 on tonight's agenda. Statements made in that email regardinX possible litigation call for a closed session with the Ci& A~orne~ On motion of Mayor Zoc~a~ seconded by Cm. Oravet~ and by ~animous vo& the Council de,trained that pursuant to Government Code Section 54~5~.~, subdivision (b) (1) that the Council found there is a need to ~cuss the F~rua~ 3, 3003 email the City AHorne%' that the need to take such action came to the aHention of the City after the agenda was poste4' that it b necessa~ to hold a closed s~sion tonight prior considering Agenda Item 5.1; and that the closed session be added to the agenda as Closed Session Item 5pursuant to Govemment Code Section 54~54.3 to read as follows: 5. "CONVINCE WI~ LEGAL COUNSEL - ~CIPA TED LI~GA TION Significant exposure to litigation pursuant to subdivision (b) (1) of section 54~5~.~: one potential case - EMstin$ facts and circumstances: Email from Morgan ~$ to Councilmember George Zika dated Feb~a~ & 300~." CONFERENCE WITH LEGAL COUNSEL Existing Litigation - Government Code Section 54956.9(a) ~ Name of Cases: 1) Livermore Area Recreation & Park District v. City of Dublin, Alameda County Superior Court Case No. 2002049773 2) Livermore Area Recreation & Park District v. Local Agency Formation Commission of Alameda County, Alameda County Superior Court Case No. 2002055268 3) Livermore Area Recreation & Park District v. Alameda County Local Agency Formation Commission, Alameda County Superior Court Case No. 2002- 065539 VOLUME 22. REGULAR N!EET~NG PAGE 3,41, Anticipated Litigation 4) Government Code Section 54956.9, subdivision (c) ONE potential case A regular meeting of the Dublin City Council was held on Tuesday, February 4, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:12 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers McCormick, Oravetz, Zika and Mayor Lockhart. ABSENT: Councilmember Sbranti (arrived at meeting at 7:20 p.m.) PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that there was no reportable action. Mayor Lockhart announced that today is Public Works Director L~e Thompson's 20th anniversary with the City. She stated all of Lee's hard work is appreciated. City Manager Ambrose stated Lee Thompson has done an outstanding job for the City. A gift was presented for his wife, Sandy, as well as a plant. Everyone offered their congratulations. Mayor Lockhart advised that Cm. Sbranti should be arriving at the meeting shortly. C~TY COUNCIL MINUTES VOL~UNSE 22 REGULAR M EET~NG PAGE 35 ACCEPTANCE OF GIFTS TO CITY 7:14 p.m. 3.1 (150-70) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the City has received monetary donations for the Dublin Senior Center in the amount of $210. Ms. Edith Iwata donated $10, Ms. Sue Inami donated $50, and $150 was received from an anonymous donor. The donations will be retained in a liability account until such time as a project or need to expend the funds is identified. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote (Cm. Sbranti absent), the Council accepted the gifts and directed Staff to prepare formal acknowledgements to donors. 7:16 p.m. Elpi Abulencia, Linden Street stated he wanted to address two subjects which are timely and significant. Talks of war and talks of retaliation and disasters, etc., CARD of Alameda responding to disasters. This was worthwhile. He found out he is only haft prepared at home and wanted to spread the good word to his friends. He has conveyed this information about the seminars offered. His wife is a state officer of the California Federation of Women's Clubs. He asked at the seminar who will lead this community in the event of a disaster. Jason Behrmann explained this to him. Is there a primer from the community, which can be distributed to the community? He congratulated city leadership for allowing this meeting to occur. (Cm. Sbranti arrived at the meetin$ at 7.'20p. m.) Mr. Abulencia stated his second subject was does the city have a city business plan and if so, maybe it would be good if the community could participate in reading this business plan. Mayor Lockhart explained that we do have a Goals & Objectives process, and we will be working on them in March. Staff also provides quarterly updates. 7:22 p.m. David Haubert, Redwood Avenue, stated he was here as a resident not representing the School Board. The draft EIR has recently been released for the Juvenile Detention Center and the Government Center. He assured everyone that the Friends of Dublin is following the issues very closely and will be present at the meeting on February 19th. They hope to form a coalition of groups, which will oppose the juvenile detention facility from moving to Dublin. Next Wednesday, February 12th, they invite people to come to a strategy session. He referenced flyers to get people to plan an opposition to this. They will follow this all the way. They want to enhance and protect the quality of life in Dublin. Mayor Lockhart reported that each and every Councilmember and staff member have a copy of the EIR and are currently reviewing it carefully. CONSENT CALENDAR 7:25 p.m. Items 4.1 through 4.8 Cm. McCormick pulled Items 4.1 and 4.7. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Cm. McCormick pulled the minutes of theJanuary 31, 3003 meeting and pointed out that it notes that Mayor Loclchart was not presen~ howeve~ it says she led the pledge of allegiance to the gag. She requested that this be corrected to state it was Cm. Oravetz who led the pledge. On motion of Cm. McCormick, seconded by Cm. Sbranti, and by unanimous vote, the Council approved (4.1) Minutes of Regular Meeting of January 21, 2003 with the noted correction. Adopted (4.2 670-40) RE$OLUT}ON NO. 8- 03 SUmMARiLY VACATING STORM DRA~N EASEgaENT ENCUmBERiNG PARCEL 2 OF PARCEL MAP 77i4 AND ACCEPTING G~NT OF REPLACEMENT EASEMENT (STREETS AND H~GHWAYS CODE CHAPTER 4) Adopted (4.3 600-60) RESOLUTION NO. 9- 03 ACCEPTANCE OF ~MPROVEMENTS FOR PARCEL MAP 7:2:50 GENERAL MOTORS AUTOMALL AND JOHN MONEGO COURT (ARGONAUT HOLDINGS, iNC.) Adopted (4.4 G00~$5) RESOLUTION NO. l0- 03 AWARDING CONTRACT 02-i 6 2002-03 ANNUAL S~DEWALK SAFETY REPAIR PROGRAM AND CURB RAMP INSTALLATION TO LUCAS CONCRETE, iNC. ($46,064) Adopted (4.5 670-40) RESOLUTION NO. ii -03 INTENTION TO VACATE A PORT~ON OF EXlST~NG PUBLIC SERVICE EASEMENT (P.U.E.) ON HOUSTON PLACE (STREETS AN[:) H~GHWAYS CODE SECTION 83'~0 ET.SEQ.) Received (4.6 320~$0) the City Treasurer's Investment Report for the 2nd Quarter of FY 2002-03 showing that the City's investment portfolio totals $90,189,520 (market value), with funds during the 2na Quarter invested at an average yield of $.057%; Approved (4.8 300~40) the Warrant Register in the amount of $2,111,049.05. Cm. McCormick pulled Item 4. 7, and stated she read with interest the Staff £cport regarding the use of alternate fuel for thc trucks to be purchased. Rather than outright purchase of these trucks, she questioned if we would be better off to lease? Assistant Ci& ManagerJoni t'attillo stated the difficulty with lease is it ends up costing a lot more. This is still a developing market. Dodge Ram will be producing an electrical vehicle within the next year. There is a cost savings to purchasing versus leasing at this time. The most successful program at this time is forpassenger vehicles. Staff looked at this carefully. With the C~TI( CC~UNC[L 5,?i[N~3?ES V©L[JME 22 environmental rnarke~s: some are having c~'fficul~y wi~h ~he maintenance records. Dodge is s~ill in the testinspl~ases, kVe~re lootdns at 4 to g years out. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council authorized (4.7 $50-£0) Staff to distribute Request for Proposals (RFP) to qualified dealers for the purchase of $ City trucks for Public Works Inspectors; REQUEST BY RESIDENTS OF BRITTANY LANE RELA~NG TO PA 00-009 BLACK MOUNTAIN DEVELOPMENT 7:51 p.m. 5.1 (410-50) Planning Manager Jeri Ram presented the Staff Report and explained that this item is in response to a request by Mr. David Bewley to put on the Agenda his letter to the City Council that was submitted at the January 7, 2005 city Council meeting related to Black Mountain Development's Site Development Review approval for 7 lots on Brittany Lane. Also of concern were conditions of approval related to the Heritage Tree Ordinance and the Wildfire Management Plan. Following presentation of the Staff Report, Ms. Ram stated Staff recommended that the Council take no action at this time. Cm. Zika asked which lot it was where the cut was tree. Ms. Ram stated it was on lot 7 that they cut off the 10" limb. City Manager Richard Ambrose stated the City cited the new property owner over that. David Bewley, Brittany Lane made a presentation. They rely on the enforcement of these conditions of approval. Staff has been helpful and several mistakes are worthy of the Council's consideration. When does the term of the project expire? What is the date of approval for PA 00-009? Solution presented: 1) City Council can make a finding that SDR is null and void. 2) create a better system of communication between the developers and residents. Susan Bewley, Brittany Lane spoke and asked if the Heritage Trees are being protected? There are 35 conditions to protect the heritage trees. VOL~iN'2E 22 REGULAR },'~E The City Council can make a finding tonight that the SDR is null and void. Ron Miklebost, Brittany Lane spoke on additional considerations. Mr. Bewley stated: 1) standards to protect the heritage trees are not being considered in the design review; 2) developer request does not show intent to respect the tree protections standards; 3) failure to inform owners of Lot 7 of importance of the conditions of approval; 4) buyers of lots had not been apprised by seller of a need to contact the homeowners association regarding design standards; 5) grading without permits occurred at end of street; and 6) building not complete on some lots. Chris Bond, Brittany Lane stated she was very concerned that the house may be cantilevered over the tree. The house should not encroach on the tree. We need to compromise on lots that have heritage trees and make sure a house fits on the lot. She asked that the Council please follow original conditions on these lots so they can maintain the quality in their neighborhood. She referenced a letter from Rich Bond who is out of town. Mr. Bewley stated a smaller home could solve a lot of these problems. Jerry Wieser, Castro Valley, thanked the City Council for once again revisiting this situation. When he left the meeting 2 years ago, he was under the impression that what was approved was 6 homes and a timely development on Brittany Lane. When they questioned the benefits for Dublin, former Mayor Guy Houston stated this would enhance the west hills and benefit residents of Brittany Lane with increased property values. The real estate marketing flyer says you can buy homes or lots of your choice. Three of the lots have been sold and lot 7 was sold to somebody else with a different architect and a different time frame. He thought a nice uniform development was approved for 6 homes and in reality they have a hodgepodge. His fear is they will have a street like a little kid with holes in their teeth. He requested that the City Council step back and revisit this situation to make sure assumption of the SDR will have uniform development on Brittany Lane. Tim Treat, Brittany Lane stated he lives directly across from lot 8. Ten feet in height has been added to the house. This is unacceptable and will not be accepted in any fashion. Discussions started out on a friendly basis, but homeowners have not been included in this process. They owe David Bewley thanks for sticking with this. We need to get back to square one and get the neighborhood involved. Black Mountain needs to straighten out the equation. He stated he took issue with the Staff Report saying that minor modifications to the plan are acceptable. Lot 8 has major modifications. Moving the C~{TY C©UNC~L. ~4iI~NUTES Febw~a~:y 4, 2003 setback is not lowering the homes. There is misrepresentation of what is happening and this should not be taken lightly. In summary, they feel they have demonstrated that the current SDR and permits are void and a new SDR is required. 1) We want the homes to be designed consistent with the standards in our subdivision. Sizes from 2000 - $200 in our subdivision and as low as 1 $00 when these lots were created. 2) We want to see the Heritage Trees be given protection in a manner consistent with the Resolution 82~85 and the Heritage Tree Ordinance establishing at least a five-foot protection zone around all the trees prohibiting any structures in that zone. $) Conditions established that can be consistently applied to all of the Custom Lots that are in accordance with Resolution 82~85 for heights and setbacks that do not require renegotiations for every new owner. He looks forward to homes to fill in their street, but they don't need 3,500 square foot houses in a 2,500 square foot neighborhood. Mayor Lockhart commented on the letter from Richard Bond which reiterates the comments made, and stated it will be included in the official file record. Jan Meilsoe stated he and his wife live on Brighton Court and they have bought lot 13. When they discovered the vacant lots, they were excited because they love the nature and fields in the background. They came from Denmark. Custom homes put in on custom lots are different from tract homes and this was why they bought the lot. They wanted to design their own home and have it different and unique. Custom homes are usually bigger homes than tract homes and they add value to the neighborhood. He felt they have tried to follow all the rules. They are happy there are the trees, and will protect them. He stated he wasn't going to speak, but when he heard the comment about the size of the homes by the neighbors, he couldn't contain himself. He would like it to be noted that the ones building on lot 7, they are looking forward to moving into the neighborhood. Cm. Zika commented that lot t3 isn't a part of the Black Mountain SDR. Jeff Wieser, Castro Valley, stated he and his wife are the owners of lot 7. He agreed that the custom home lots should be regarded differently than the tract houses. He stated they weren't given all the conditions when they bought the lot. They hope the SDR that is being undertaken by other residents will not delay their project. This will cause a hardship on them and cost them a lot of money. They purchased their lot from Black Mountain Development and are finding out a lot of the information that Black Mountain didn't provide. Jeff Woods with Black Mountain Development, stated he felt Staff is doing a great job. It upsets him that the man on lot 7 states he was not informed. Prior to developing his lot, C~TY C©L~NC~L M~NLrTE8 VOLUME 22 REGULAR ?~IEETi!NG he had a meeting with Staff, with someone from Black Mountain present. All was disclosed very precisely. They even talked about how difficult the process was going to be. Cm. McCormick stated there was a case made that the SDR is null and void. She asked if the City Attorney concurs. City Attorney Elizabeth Silver commented on when the permit was to begin to run. Condition 3 was appealed to the City Council. Condition 72 does not have the specific reference to the Planning Commission. The Zoning Ordinance, Chapter 8.9¢ which contains general provisions, states that the effective date for discretionary actions is 10 days after approval. The permit began to run 10 days after the City Council's Resolution on February 20, 2001. There was an extension of ¢ months to August. Staff practice has been if a building permit and grading permit is pulled, the SDR is considered valid once the permit is issued. This is in accordance with Chapter 8.9¢ of the Zoning Ordinance which specifies that: "Commencement of construction or use means the actual construction or use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such construction or use." Staff practice has been that they have administered consistent with this section. She noted that the section continues "If there is a dispute as to whether the Permit has expired, the City Council may hold a noticed public hearing to determine whether the SDR is null and void." Cm. McCormick clarified that they cannot say it is null and void without a public hearing. Ms. Silver responded that this item is not noticed as a public hearing on the agenda tonight. In order to do this, the Council would have to notice a future public hearing. Ms. Ram stated what they look for is consistent working to get the building permit done and working on grading. For 5 of the lots, they have made substantial progress in getting their permits. On some, they are within a week or two of getting their permits. They've put up a power pole, which signifies they are ready to get going. Staff feels all these things have happened in a timely manner of when the SDR was running. Cm. Sbranti asked about the AVCO ruling and if it would apply here. Ms. Silver stated the AVCO ruling has to do with whether or not rights have been vested. This is a different issue. You would determine this with a public hearing on whether the SDR is still valid. In California, she explained several different ways a developer can vest rights, including Vesting Tentative Maps and Development Agreements. She explained C~T¥ CO~iNC~L ?~NUTES VOL~2;ME 22 R.EG U LAR ME ETING further that 2 building permits have been pulled. If the developer is complying with all applicable laws, Staff has to issue a permit. Cm. Zika asked what permits have been issued for lot ¢. Ms. Ram responded none for lot ¢, as this lot is separate from Black Mountain. Mayor Lockhart stated some of the lots have gone through the permit process and some are ready to go and some will go back before the Planning Commission with a SDR process. Ms. Ram advised that on lot 1, Mr. Woods will be applying for a new SDR. On lot 8, they are working with Mr. Woods, our arborist and Fire Marshal to see if a home will work with the tree. Public Works also has issues with erosion on that lot. Mayor Lockhart stated she would not like to see the Planning Commission consider any waiver, but rather put it back through the SDR process for lot 8. The other two will come back before the City Council for a SDR. Lot 8 needs some serious discussion. Cm. Oravetz agreed. This will go before the Planning Commission and if the City Council doesn't like it, they can appeal. Ms. Ram stated permits for lots 10 and 11 have been issued and on lot 12, fees have to be paid. Mayor Lockhart stated she was confused by the time period. Ms. Ram stated the project was approved by the City Council on February 20, 2001. It becomes effective 10 days after approval, or March 2,2001. This can be extended to September 2, 2002. The first building permit for lot 10 was issued August 19, 2002. The grading permit was issued on July 9, 2002 for all of the lots. She referenced Section 8.96.020.D and again discussed the meaning of commencement of construction and substantial progress. Cm. Zika clarified that Staff feels they have complied with "substantial". Ms. Ram replied yes, they were working with Staff. Cm. Sbranti asked if this code passes legal muster with AVCO and legal court rulings? Ms. Silver stated she felt it does. The Ordinance defines what construction means. Mayor Lockhart asked about lots that still don't have building permits. Ms. Silver stated if they pull one building permit, the SDR remains valid for the remaining houses, as long as there is progress. Ms. Silver summarized the two issues: First, does the SDR remain valid and secondly how long does it remain valid? As long as there is substantial progress being made or changes requested. Ms. Ram stated typically, developers pull permits in different stages. Mr. Ambrose stated as an example, you could have 100 lots in any subdivision and they pull building permits as they have the ability to build. They build models first and then build in phases. Staff has taken a reasonable approach and has been consistent with going through the SDR process. Cm. McCormick asked if lots 10, 11 and 12 are for sale? Mr. Woods stated currently lot 1 has somebody looking at the existing house and it will need modification because of the tree; it will require a new SDR. Lots 8, 9, 10 and 11 have financing in place and actually have buyers waiting for him to start building. On lot 12, the permit is ready and a friend will build the exact home that was approved with the SDR. It is a matter of timing with the economy, sales, scheduling, etc. They are moving forward with lots 8, 9, 10, 11 and 12. Mayor Lockhart stated lots 1, 7 and 8 because of the tree issue, is what they're talking about. Lot 8 will go through a new SDR. Ms. Ram stated it is really a rear yard issue. If the house can be brought back a little, it will be out of the tree protection zone. Staff has been trying to work out a solution. Another solution would be to indent the entire house and this wouldn't change the view corridors or the height. In this instance, Staff would feel comfortable in working with the applicant on this. Otherwise, it would go directly to the City Council. Mayor Lockhart stated she has concerns about protecting the tree. She asked if 5' around the tree is adequate? Ms. Ram stated we look on a site-by-site basis to make sure the trees are protected. CFFY C©'~INC~L ?~!~N~iTE8 REG'LJLAR MEETING Mr. Woods stated the exact same issue was before the City Council initially. They are using the new Ordinance. He stated he knows the new parameters. The Ordinance was changed due to his project. Ms. Ram advised that two different arborists looked at this and established the protection zone for the conditions of approval. Cm. McCormick asked who did the grading and moved the boulders and if there was a permit. Ms. Ram stated Black Mountain did the grading as part of his work, and there were some issues with boulders. We worked with Alameda County and Mr. Woods to correct it. There were some erosion issues. Public Works Director Lee Thompson stated the developer did move dirt onto the Nielsen property with their agreement. The City contacted the County and they looked at it. There were subsequent changes. Slopes had been evened out and hydroseeded. It's not in our jurisdiction, but we worked with the County people. Cm. Zika stated he had a problem understanding how the cantilevered house would work and further, if this is being proposed by the developer, he considers this a major modification. Ms. Ram stated this was one solution they looked at, and they are also talking about having the developer move the house backward. Mr. Ambrose assured the Council that Staff understands the concerns and this will come back through the process. Mayor Lockhart stated she felt everyone understands what the considerations are. She doesn't have a problem having custom homes going through the process with the Planning Commission and looking at the issues that need to be resolved before they can be built. We want to make sure that in the process of bringing in new homes, we add benefits and not detract from the natural things we have. These are very sensitive areas. It will take a lot of patience and due diligence on everyone's part. She commended the residents of Brittany Lane. It benefits us all to protect the heritage trees. She is not interested in pursuing a public hearing to determine whether the SDR is active. Staff is consistent with how they apply the rules for all other projects. She stated she was comfortable in saying they are in compliance. Mayor Lockhart assured that they will all be keeping a close eye on the process. She appreciates having this much knowledge on this situation. Cm. McCormick concurred, but stated her concern that she is still nervous about lot 8 and positioning of the house. It may not come back to the City Council. She asked if it is possible to have a report to the City Council when Staff and the developer have worked out a plan for the lot that is appropriate. Ms. Ram stated yes, Staff could do this. Cm. Oravetz asked that lots 7 and 8 also come back before the City Council. Ms. Ram stated Staff can keep the City Council updated through weekly reports. Mayor Lockhart clarified that Cm. Oravetz was asking that any changes on final approval on all :3 lots come back before the City Council. Ms. Ram advised that this may hold up construction. The City Council could end up seeing a lot of minor changes such as moving the steps slightly. A lot of small things change during construction. If everything were brought back, the City Council would really see a lot of the project. Cm. McCormick stated lots 1 and 7 will have new SDR's, so they will go back to the Planning Commission and the City Council can monitor this. It is lot 8 that she is concerned about, because it may not get another SDR and they may not see it again. She would like to see this one, as she is nervous about the tree. Ms. Ram stated when it comes in for its final, they could come down and look at it. Cm. Sbranti asked if lot 8 could be brought back before the City Council. This is a unique situation that warrants some sort of review. Ms. Silver stated she felt since the Community Development Director is listening to this, if there is a need for a change and he doesn't grant a waiver, it could come back through the amendment process and before the City Council. Mr. Ambrose stated if the home plans are not approved in accordance with the conditions of approval, this will necessitate a change and Staff will follow the amendment process. PAGE RECESS 9:25 p.m. Mayor Lockhart called for a short recess. At 9:31 p.m., the meeting reconvened with all Councilmembers present. PUBHC HEARING - TOLL BROTHERS DUBLIN RANCH AREAS A-4 & A-5 DEVELOPMENT AGREEMENTS PA 02-022 AND 02-023 9:31 p.m. 6.1 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Michael Porto presented the Staff Report. This is the first reading of an Ordinance approving Development Agreements between the City of Dublin and Toll CA II, L.P. The DA's are required by the Eastern Dublin Specific Plan. This project is part of 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. The Planning Commission, on December 10, 2002 approved a Site Development Review for Areas A-4 and A~ 5, located east of Tassajara Road adjacent to the future Fallon Road extension approximately 4,500 feet north of I-580. No testimony was entered by any member of the public relative to this issue. 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 INTRODUCED the Ordinance approving the Development Agreements. PUBLIC HEARING REPORT ON APARTMENT TEMPORARY SIGNAGE 9:33 p.m. 6.2 (400~$0) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff Report. This item is for Council consideration of an Ordinance which would amend the Sign Regulation section of the Zoning Ordinance to allow for temporary signage at apartment communities. The City Council directed Staff to prepare an Ordinance which allows temporary banners for apartment communities not exceeding 12 square feet in size and with the duration of 15 days up and 45 days down. The Planning Commission heard the proposed amendment to the Sign Regulations and recommended that the City Council approve the change. Cm. McCormick asked what materials banners could be made of? Mr. Byde stated it can't be above the roofline, but no other regulations. City Manager Ambrose stated banner signs are to be composed of flexible materials. Cm. Sbranti asked if it can be attached to a dwelling unit? Mr. Byde stated there's no regulation except it can't be above roofline. Lesa Hirschhorn, The Springs, advised that regarding banners, this is not even close to what they requested. They wanted something close to 6 to 10 feet. At first she was told this was allowed, and she spent close to $1,000 for a banner. She wasted her entire marketing budget on something that we're now saying is not allowed. A 12 square foot banner will not be seen by anybody driving by any complex. This doesn't help them. They want people at street level to see them. The 15 days up and 45 days down doesn't really make sense to this industry. If you are going to give them something, you have to give them something that works in this industry. V'©L'UME 32 Scott Kelly, Operations Manager for Archstone Communities on Hacienda Drive, stated their newest addition is on Iron Horse Trail. He missed the meeting with Mr. Byde but stated he had comments which will benefit both the City and properties. This is a business that is cyclinal and seasonal and which takes its dips. They ride out the storms and rely heavily on in house marketing with banners and balloons which attracts the traffic. Seventy percent of their traffic is generated by drive bys and 40 to 50% of these become actual renters. Color and movement are important to get the message out. It evolves every 30 days with move ins and move outs. They need to react. Occupancies relate to tax dollars. He asked that the Council consider a plan based on occupancies. They are about 70% pre-leased at Iron Horse Trail. They have been required to take all the flags down and their traffic has been cut in half. It will now take them much longer than anticipated to get the revenue going. Competitors have a much greater row to hoe. What would be ideal for his business is to have the opportunity at 05% occupancy or below to have 10 days up and 20 days down. The higher the occupancy, maybe 30 days up and 30 days down. New construction communities need more flexibility. They need at least 3 months for each 1 O0 units. Mayor Lockhart asked how they advertise. Mr. Kelly responded through publication apartment guide, and the Internet is becoming a much bigger resource. Their biggest push is at the site with a visual. Ki Hwang, Manager of Amador Lakes Apartments on Stagecoach Road, stated they are off the beaten path so this would benefit them. Currently they are not hurting as much as some of the other communities. Everything does help. They would like something a little bit more, as 12 square feet really won't help them much. They want something more consistent with businesses regulations. Ten days up and 20 days down would be fine with them. Tim May stated Andy Byde and City Staff is doing a really great job communicating with them. The fact that we are creating an Ordinance is good. This is also an opportunity for folks who want to live in Dublin. People drive through the communities where they want to live. Allowing a sign will create an opportunity for competition. It also helps them as a business find customers and can therefore also help the City with revenue. The renters/tenants operate on a :30 days cycle to terminate tenancy. Apartments miss a cycle and a half if they can't have their sign up for 45 days. He stated he wasn't sure if it should be up 10 and down 20 or up :30 and down :30. He would also like consideration for some sort of mechanism so that if there is a business crisis where occupancy has plummeted, they should be able to come to the City and make a case for some sort of variance or exception so they can do whatever it takes so they can stay in business. C'~iTY C(~!NC~L M~NiD-TES VOLUME 22 REG L*LAR 5!EET~NG PAGE 4~9 Those creating new housing stock for Dublin should also be given leeway. He stated he would gladly talk to anyone who has questions and can be reached at (51 O) 537-0340. Mayor Lockhart closed the public hearing. Cm. Zika stated he liked the 10 up and 20 down idea. He noted ?leasanton doesn't allow any signage at all, and San Ramon allows 12' banners which can be up 90 days a year total maximum. Cm. McCormick pointed out this is not their only marketing tool. These are homes for people and they are in neighborhoods. To have signage up all the time, it is not good for the neighborhood. Mayor Lockhart asked about the issue of new units getting to have signs up longer or units that drop below a certain occupancy. Cm. Sbranti stated he felt the first issue might be worth considering. Look at commercial district. If you have a business that is struggling, they could come and ask for something special. This opens up a whole scenario. We could look at 10 up and 20 down. He stated he has never rented based upon a sign. He felt this is a fair compromise. Cm. Oravetz asked about size of sign; they are asking for bigger signs. Cm. Zika stated they are still allowed to have vacancy/no vacancy on their monument signs. Mr. Byde stated flags are allowed under temporary tract signs. Once everything is finished, they have to take the flags down. Cm. Oravetz suggested the Council consider allowing 20 square feet, so a sign could be 2' x 10' or could be 4' x 5'. This is what Danville has. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance to amend the Dublin Municipal Code to allow 10 days up and 20 days down with a maximum of O0 days per year and with the size to remain at 12 square feet. Cm. Oravetz stated he would like to see 20 square feet, but would support 12. ¥©LUN¢!E 22 REGULAR 54E ET~NG PAGE 50 PUBLIC HEARING AMENDMENT TO FIRE FACILITIES FEE 10:07 p.m. {3.5 ($90-20) Mayor Lockhart opened the public hearing. Economic Development Director Chris Foss presented the Staff Report. This item would propose an increase to the Fire Facilities Fee ranging from 24% for residential development and 25% for non-residential development. The cost of fire facilities and apparatus necessary to serve new development through build-out in the City of Dublin is estimated to be $8,8GG,000. The recommended fire facilities fee fairly allocates this cost to new development. The fee would go into effect G0 days from the date of adoption of the Resolution approving the new fee schedule. Cm. Oravetz clarified that this only goes up to new development? Mr. Foss responded yes. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Cm. McCormick asked if Black Mountain comes under this fee. City Manager Ambrose stated those that have permits, paid under the current fee schedule. This new fee schedule doesn't go into effect for 60 days. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 12- 03 A~END~NG THE F~RE FACiLiTY FEE FOR FUTURE DEVELOPMENT W~TH~N THE G~TY OF DUBLIN CONSULTANT SERVICES AGREEMENT BUS SHELTER CONSTRUCTION DOCUMENTS 10:10 p.m. 7.1 (600-30) Heritage & Cultural Arts Supervisor Theresa Yvonne presented the Staff Report. This project provides for the replacement of 3 bus shelters over two fiscal years in the downtown area. The Council was asked to consider an agreement with the artist to prepare construction documents so that the conceptual design can be fabricated into a full-scale structure. Cm. McCormick asked if we own the design? Ms. Yvonne stated the final design will come back to the City Council and we will own the design so that if at a later time, we can make a change and build other shelters. Cm. Oravetz asked if this is something we should wait on until we get a clearer picture of what's happening with the Budget in Sacramento. Mayor Lockhart stated she felt the total amount will not make much difference in our budget or projects for the year. LAVTA has also budgeted money for this project. Cm. Sbranti stated he asked the same question of the City Manager earlier today. A larger expenditure will take place when we go to bid. To keep the project moving, he stated he felt $15,000 is warranted at this time. On motion of Cm. McCormick, seconded by Mayor Lockhart, and by unanimous vote, the Council approved and authorized the Mayor to execute the Agreement with Artist Dan Dykes (not to exceed $15,000). OPPOSITION TO SHIFY IN VEHICLE LICENSE FEES 10:15 p.m. 8.1 (660-40) Economic Development Director Chris Foss presented the Staff Report. This item requests that the California Legislature disapprove Governor Davis' proposal to divert $4 billion in Vehicle License Fee (VLF) revenue from cries and counties to balance the State of California's multi-billion dollar budget deficit over the next 1 $ months. C~TY COUNCIL M~NUTES V©LU3/I E 22 PA.G~ 52 Mayor Lockhart advised that it passed out of the Senate today. We should write a letter to just the Governor and send thank you letters to the Assembly and Senate. Cm. Sbranti stated the Governor has indicated he won't sign it, but there is a lot of lobbying going on by a lot of agencies. City Manager Ambrose stated, as always, regarding the budget process, it's not over until it's over. Cm. Oravetz referenced Chris McKenzie's talk at the League of California Cities policy committee meeting. Some cities have a lot more to lose than Dublin. We need to all stand together. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council requested that Staff send thank you letters to the Legislators for opposing the shift in Vehicle License Fees and supporting AB X 1 4 (Wesson) and urge them to continue to support this, and adopted RESOLUTION NO. '~3- 03 URGING THE CALiFORNiA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SN~FT OF LOCAL VLF REVENUES AND TO HONOR THE '~998 CO~,g~TA{ENT TO RESTORE THE VLF FISCAL YEAR 2002-03 MID-YEAR BUDGET REPORT AND DECEMBER 2002 MONTHLY REPORT OF FINANCIAL ACTIVI~ES 10:20 p.m. 8.2 (330-50) City Manager Ambrose presented the Staff Report and advised that Finance Manager Fred Marsh was present to answer any questions. A detailed Mid-Year Budget Review was prepared to identify any material deviations from the adopted Fiscal 'fear 2002-03 Budget. The primary focus of the report is on the General Fund, which accounts for the majority of City operations. Staff has identified proposed adjustments to General Fund Revenues and Expenditures. This item also provides the report of the financial statements for the month of December, 2002, and a preview of potential impacts on the City's Fiscal Year 2003-04 Budget. CITY COUNCIL MINUTES REGULAR M!SET~NG Staff prepared proposed budget changes to account only for events that are likely to occur during Fiscal Year 2002-03: 1) An increase in Legal Services Litigation Expenditures of $27,000 to reflect additional work performed to date by the Legal Division on litigation; 2) An increase in the Community Cable TV budget of $13,000 to reflect higher than anticipated production costs in the broadcast of City Council meetings; 3) an increase in the Building & Safety budget of $40~000 to fund additional contract building services in the Building division due to the increase in number of permits pulled for new residential construction; and 4) A transfer of approximately $4 million of budgeted expenditures from the General Fund to the Public Facility fund to reflect the use of General Fund library reserves for expenditures incurred in FY 2001- 02. At this time, the Governor has proposed a reduction in FY 2003-04 in Vehicle License Fee payments to the City, which would amount to approximately $1.4 million and the elimination of booking fee reimbursements of approximately $131,000. Both of these revenues directly impact the City's General Fund. In addition, the Governor is proposing to suspend the Prop. 42 allocations to cities for road maintenance in FY 2003-04. The City of Dublin would lose approximately $84,000. If the impacts identified materialize and the economy does not materially change, Staff projects that there will be insufficient revenues to finance all the capital projects proposed for FY 2003-04 in the CIP. If this projection materializes, the City will either need to defer projects or utilize reserves. Mr. Ambrose stated the VLF is really the biggest chunk right now with unknown. The Council discussed CIP funding. Mr. Ambrose advised that $11 million was budgeted in FY 2002-03 and some of this was using reserves for funding. Mr. Marsh talked about assumptions made for revenues next year. The projected surplus was about $5.t3 million and we are down to about $800,000. The Council set aside some reserves for specific projects. Cm. Zika reported that CMA feels that funds for us of about $80,000 will be cut. He also stated he just got notice regarding his pension which said to cover his wife on medical, the price went up 33% for medical coverage. Mr. Ambrose stated we know what our PERS costs will be for next year. The concern is it will be much higher the following year. Mr. Ambrose advised that Fremont will cut their library hours. The County Librarian has stated she does not feel this will impact the other libraries in their system. She indicated the State has cut their revenue so much already that just a small part of their funding comes from the State. Mayor Lockhart commented on the thoroughness of the report and thanked Fred and everyone else who worked on it. This is appreciated. It is very clear where we are. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote, the Council approved the recommended Budget Changes. RESOLUTION SUPPORTING LEGISLATION AND ACTIVITIES OF THE ALAMEDA COUNTY COALITION TO ALLOCATE PROPOSITION 50 FUNDING FOR DUBLIN'S STORM WATER QUALITY TREATMENT PROJECT 10:41 p.m. 8.3 (660-40) Public Works Director Lee Thompson presented the Staff Report. This Resolution would support a Dublin project to install a water pollution device on a 66" diameter storm drain pipe parallel to Dublin Boulevard~ as well as projects proposed by Zone 7 Flood Control which will benefit the Tri-Valley Area. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 14- 03 SUPPORTING LEGiSLATiON AND ACTiVitiES OF THE ALAMEDA COUNTY COALITION TO ALLOCATE PROPOSITION 50 FUNDING FOR THE C~TY OF DUBLIN'S STORM WATER QUALI~TY TREATMENT PROJECT IMPROVEMENT AGREEMENT WITH ARMS~ONG GARDEN CENTER FOR PORTION OF ANIADOR VALLEY BOULEVARD AND REQUIRED ON-SITE IMPROVEMENTS AND AGREEMENT FOR LONG TERM ENCROACHMENTS WITHIN THE PUBLIC RIGHTS-OF-WAY 10:45 p.m. 8.4 (600-60) Public Works Director Lee Thompson presented the Staff Report. Armstrong Garden Center, as part of their development of the northwest comer of San Ramon Road and Amador Valley Boulevard (AVB), are widening AVB along their frontage as well as building a fountain/plaza complex within the City's right-of-way. Armstrong is providing performance and labor and materials bonds to guarantee construction of public right-of-way improvements for AVB and required on-site improvements, and will pay the cost of the associated construction inspection. Once these improvements have been constructed and accepted, the City will incur maintenance costs for City street improvements, except for the corner landscape feature. The tenant/property owner will incur all maintenance and operational costs of the corner landscape feature. Cm. Sbranti asked about the timeframe. Mr. Thompson stated it will probably take 6 or 8 months. Cm. Oravetz confirmed that Armstrong then takes on the liability of the fountain. Mr. Thompson stated yes, this is correct. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. i5- 03 APPP,©VING THE ~t~'~PROVEt~ENT AGREEMENT FOP, ~¢JPROVEggENT OF A PORT~©N ©F A~'~ADOR VALLEY COURT AND FOR REQUIRED SITE It, gPROVEA,~IENTS ARA~STRONG GARDEN CENTERS, ~NC. and RESOLUTION NO, i~- 03 APPROVING AGREEA~ENT FOR LONG TER~ ENCROACHMENTS FOR THE LANDSCAPE FEATURE AT THE CORNER OF SAN RA~gON ROAD AND Ar~ADOR VALLEY BOULEVARD ARA~STRONG GARDEN CENTERS, ~NCdPROTO, LLC AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBHN AND ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY 10:48 p.m. 8.5 (600-40) Public Works Director Lee Thompson presented the Staff Report. This amendment to the agreement between Alameda County CMA and the City of Dublin will extend the deadline to expend funds for the Alamo Creek Bike Path project. The project consists of paving a 12' wide asphalt concrete path along the west side of Alamo Creek between the north City Limit line and Amador Valley Boulevard. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council adopted RESOLUTION NO. i7 - 03 APPROVING AMEND~qENT TO AGREEMENT W~TH THE ALA~EDA COUNTY CONGESTION MANAGEA~ENT AGENCY FOR THE TRANSPORTATION FUND FOR CLEAN AIR FOR THE ALAMO CREEK BIKE PATH, NORTHERN CiTY L~M~TS TO AAqADOR VALLEY BOULEVARD ALTERNATIVES FOR PROPERTY LOCATED AT SOUq]-IEAST CORNER OF VILLAGE PARKWAY & AMADOR VALLEY BOULEVARD (7197 VILLAGE PARKWAY) 10:51 p.m. 8.6 (420~10) Economic Development Director Chris Foss presented the Staff Report. During the FY 2002~03 Goals & Objectives, the City Council directed Staff to investigate the options for the property on the southeast corner of Village Parkway and Amador 'Valley Boulevard. For the past 4 years, this property has been vacant and has become a C~TY COUNC.~'L MP{UTES VOLU'ME 22 PAG?3 57 community eyesore. The Staff Report outlined several potential development alternative opportunities for the vacant site. As part of the City Council's consideration, Mr. Foss stated the Council may wish to only have Staff pursue further exploration of one of the alternatives presented and defer commitment of City funds until the impact of the Stage budget deliberations on the City's budget are known. Cm. Zika pointed out that we are in an unknown as far as the budget goes, but his personal preference of using it for disabled or senior housing might be a good alternative. He doesn't want another car or drive through use there. ~ave it alone for now. Mayor Lockhart stated she likes the concept of the economic incentive program and to look at this in an area where we want to develop. There are some real possibilities for it. She would like to see us find a way to market it. If we put TIF in place, this is something that as long as it sits there~ it is an eyesore. The building is a gas station. She would like to see us get creative in our marketing and find a use for it. We will all benefit and we can find a way to get paid back over a period of time. Don't take it on ourselves. This is a perfectly legitimate retail site. Cm. Sbranti stated maybe this could be where we consider a TIF loan or offset of some fees. City Manager Ambrose stated the TIF is based on new residential and non-residential uses. We came up with a dollar amount per trip. We could come up with an incentive strategy and target those things that are particularly important to the Council. Cm. Sbranti asked about business improvement districts as an economic incentive. We could set aside some funds as an enhancement to increase sales tax revenue and other revenues to the City. He questioned if this is being looked at as an option. Mr. Foss stated we are looking at this. Most business improvement districts are set up by businesses to stimulate business. Most cities that look at improvement districts have redevelopment funding sources. We would have to use general fund monies. The Council discussed contaminants in the dirt and potential clean up costs. Cm. Oravetz stated he felt there is a good argument for this; it takes money to make money. If we use general fund money it will generate us some sales tax money. He C~TY C©UNC'~'L M~NUTES V~DLUME 22 REGULAR 'MEETING would put a Starbucks and Noah's Bagels there. We should pursue this. He stated he liked Cm. Zika's idea of senior housing, but this won't produce any sales tax. A park also sounds great, but we don't want to deal with the clean up issues. Cm. McCormick stated she felt we need to move quickly and aggressively. Mr. Ambrose stated there is a direct public benefit to using general fund money. Mayor Lockhart stated she felt it will further the plans for Village Parkway. Cm. Sbranti asked if the current deal falls through, could this come back before the Council to at least look at the alternatives. Cm. Oravetz stated he would rather see a report in 6 months. Mr. Foss stated Staff will have something back in and around the TIF discussion. We can let the real estate market know that these incentives are available. On motion of Cm. McCormick, seconded by Cm. Oravetz, and by unanimous vote, the Council accepted report and directed Staff to investigate an economic incentive program relative to the proposed TIF for this particular business district. PREDEVELOPMENT LOAN AGREEMENT WITH EDEN HOUSING, INC. 11:13 p.m. 8.7 (600~30) Housing Specialist Julia Abdala presented the Staff Report. This agreement would allow Eden Housing, Inc., to begin preconstruction work at 7606 Amador Valley Boulevard, in anticipation of the construction of affordable senior housing units. A Budget Change would take $280,000 from the Affordable ' Housing/Noise Mitigation Fund and obligate it toward this loan so that payments may be made to Eden Housing, Inc., as reimbursement for eligible expenses. Mayor Lockhart stated she noted the reference, "since the city would be disbursing the funds only on a reimbursement basis, if there were surplus money at the time the tax credit application is submitted, it would revert to the Affordable Housing/Noise Mitigation Fund". She asked, what is the noise mitigation fund? City Manager Ambrose stated there is a NMF in the Eastern Dublin Plan that we keep a couple of different accounts. This is a very small account, under $50,000 to mitigate impacts as a result of roadway and traffic noise. It has to be used in the east to mitigate sound issues. City Attorney Silver stated she recollected there are about 12 - 15 houses and we had to put in double pained windows and things like this. Under state law, monies like this would go back to the then current property owners when the City makes the determination that the funds are no longer needed. If the refunds are minor, a refund is not required. She stated she would need to review the provisions. Mayor Lockhart asked about the homes around the jail that have a noise issue. Ms. Silver stated there was an impact identified in the 1993 EIR affecting existing residences and included a mitigation measure and it was implemented by the adoption of a fee. Developers paid the fee and it went into a fund for retrofitting if the people wanted to do this. The reality is, most of those houses are no longer there. At some point in time when a determination is made that those funds are no longer needed, they would go back to the current property owners in accordance with State Law. Staff can look into this to see if mitigation can go for a different improvement. Cm. Sbranti discussed the federal funding stipulation. Linda Mandolini, Eden Housing Executive Director, stated we would own the plans and own the land. They would lose application costs and application time. They usually get funding within 2 years. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote, the Council approved the Predevelopment Loan Agreement with Eden Housing, Inc.; approved a Budget Change; and adopted RESOLUTION NO. I8- 03 AUTHORIZING A PREDEVELOPMENT LOAN W~TN EDEN NOUS~NG, INC. ($280,000) OTHER BUSINESS 1 1:29 p.m. City Manager Ambrose announced the Tri-Valley Council meeting on February 2 7th. Dublin is hosting this meeting at McNamara~s. If anyone has agenda items, they should get them to Staff. Cm. Sbranti has asked that a status report on the community theater and performing arts center for the various cities be on the agenda. Cm. Oravetz announced that Dublin is hosting the East Bay Division meeting on February 20th. This meeting is also being held at McNamara's. He reported that Vic Sood, LAVTA General Manager is retiring. He advised that he attended a ~ague policy committee meeting in Ontario last month. Cm. McCormick stated she attended the senior citizen center art selection committee meeting and selected a theme for the art. They are sending out Request for Qualifications with the theme, "Wisdom Through the Ages". She stated she also attended the Alameda County Library preview planning meeting and advised that this and Dublin Pride Week will both take place in April. At the Tri-Valley Business Council forum, Sunny McPeak was very complimentary about Dublin's affordable housing program. Mayor Lockhart advised that the Dublin City Council will participate in a live call-in program with CTV30 on Monday evening. Mayor Lockhart advised that the Council would adjourn to Closed Session to complete Items 1, 2 and 3. Cm. Oravetz requested that the meeting be adjourned in honor of our space shuttle astronauts who perished this weekend and our sympathies go to their families. At 11:34 p.m. the Council adjourned to Closed Session. Mayor Lockhart announced that no action was taken. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:57 p.m. ATI~ST: ii