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HomeMy WebLinkAbout10-16-2001 Adopted CC MinutesREGULAR MEETING - October 16, 2001 CLOSED SESSION A closed session was held at 6:30 p.m., regarding.:~ Conference with Legal Counsel 1. Existing Litigation - Government code Section 54956.9(a) - Dublin Boulevard Widening (Dougherty Road to Scarlett Drive) City of Dublin v. Schork Family Trust -Alameda County Superior Court Case No. V-O19491-2 2. Anticipated Litigation - Government Code Section 54956.9(b)(1) Facts and Circumstances: Government Code Section 54956.9(b)(3)(B) East Dublin Properties Stage 1 Development Plan, Annexation and Draft Supplemental Environmental Impact Report. 3. Anticipated Litigation - Government Code subdivision (c) of Section 54956.9 - 1 potential case 4. PERSONNEL- Government Code Section 54957.6(a) - Conference with Agency Labor Negotiator Richard Ambrose- Unrepresented City Employees: Office Assistant I, Office Assistant II, Senior Office Assistant, Finance Technician I, Finance Technician II, Senior Finance Technician, Secretary, Recreation Coordinator, Recreation Technician, Community Safety Assistant, Preschool Instructor, Information Systems Technician, Public Works Inspector and Engineering Technician II REPORT OF CLOSED SESSION ACTION Mayor Houston advised that there was no reportable action. A regular meeting of the Dublin City Council was held on Tuesday, October 16, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:26 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Ix>ckhart, McCormick,, Oravetz, Zika, and Mayor Houston. None. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 433 PLEDGE OF ALLEGIANCE Girl Scout Troop #20 led the Council, Staff and those present in the pledge of allegiance to the flag and the Star Spangled Banner. JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION RELATED TO THE HOUSING ELEMENT OF THE GENERAL PLAN 7:31 p.m. 2. (430-20) (Item 7.4 For Indexing Purposes) Mayor Houston reported that the first item of business was a joint Study Session with the Planning Commission. Planning Commissioners present included: Bob Fasulkey, Don Johnson, Fred Musser and Adib Nassar. Planning Commissioner Maxine Jennings was absent. Planning Manager Jeri Ram advised that as part of the work program on the Housing Element of the General Plan, this Study Session will acquaint the City Council and Planning Commission on the process and procedure for updating the Housing Element and provide an opportunity to ask questions and provide input to the Consultant on important issues the City Council/Planning Commission would like to see addressed in the Housing Element. Jeff Goldman and Jenny Adge made a presentation and discussed State Requirements which include; Identify and analyze existing and projected housing needs; Adopt goals, policies, programs and preserve, improve and develop housing; Adopt a 5~year schedule of actions to implement goals, policies and objectives; and Evaluate effectiveness of current goals and policies Mr. Goldman talked about the Housing Element Process, the HCD Review process, and typical review issues. Current Housing Goals were discussed. Mayor Houston asked if the City could prioritize some of the key issues. Mr. Goldman stated yes, the Housing Element should and will reflect some sense of priorities. The City can focus on what it spends money and staff resources on. Ms. Adge talked about Preliminary Findings topics. Dublin's regional share was discussed. Dublin must plan for additional housing needs between 1999 and 2006 and the annual rate is 725 units. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 434 Mr. Peabody advised that Dublin built about 800 units last year. Cm. Zika discussed legislation which was introduced to penalize us if we don't meet our goals. Ms. Adge explained that they incorporate population, household size, age distribution, household composition, income limits numbers, etc., as they receive the various information. Cm. Zika commented on the red flag list of things for the state. Mr. Goldman stated they will give the City the benefit of their experience. Planning Commissioner Bob Fasulkey questioned the mechanisms to be used for the survey. With regard to unmet needs, he asked they go about gathering this information. Ms. Adge stated they will try to get as many groups together in the community, utilizing the senior centers, the PD, all the shelters, the County Housing Authority, all of the housing programs, etc. Cm. Fasulkey asked about funding sources they identify, and the thoroughness of their search and for an example. Mr. Goldman stated they don't get into a great level of detail but more of a general level. They look at categories of funding sources appropriate for the type of program. Cm. Fasulkey asked how they compensate for the special needs groups? Mr. Goldman stated a lot of the 2000 census data will not be available for this study. They will look at other impacts. He talked about a study he did years ago and used the City of Folsom, which has a prison, as an example. Cm. McCormick asked if Camp Parks will be taken into the equation. Mr. Goldman stated they take into consideration projects under construction or approved. They also look at what is in the pipeline to be built in the next several years. Planning Commissioner Adib Nassar asked about the decision process of what types of housing might be appropriate for future needs. crrY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 435 Mr. Goldman stated in an area such as Dublin, single-family homes will probably be out of reach unless there is a hefty subsidy and more likely for low income they will need to look at some kind of multi-family options. It might be some ownership programs as well as rentals. There is no ratio dictated by the State. They look at our zoning policies in relation to what our allocation is for low and moderate. Vice Mayor Lockhart commented on the Task Force and stated she likes the spread, but it is also very important that we not exclude any residents interested in participating. We should keep it open to as many as possible. The Council thanked the Consultants for the presentation. Mayor Houston adjourned the Joint Study Session. RECESS 8:10 p.m. Mayor Houston called for a short recess. The regular City Council meeting reconvened at 8:16 p.m., with all Councilmembers present. INTRODUCTION OF NEW EMPLOYEES 8:16 p.m. $.1 (700-10) Public Works Director Lee Thompson introduced Judith Olund, Public Works Office Assistant II. Police Chief Gary Thuman introduced new Police Services employees Deputy John Graham, Sgt. Joe Hoeber and Lt. Donna Jay. ACCEFFANCE OF GILTS TO CITY FROM DAY ON THE GLEN FESTIVAL SPONSORS 8:25 p.m. $.2 (150-70) R~ecreation Supervisor Paul McCreary advised that the 2001 Day on the Glen Festival was held on Saturday, September 22ha, at Emerald Glen Park. Over 7,500 people attended. The City received $25,500 in sponsorships for the Festival. In addition, the City received overwhelming support in the form of in-kind donations of goods and services from local businesses. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 436 In recognition of their contributionS, sponsors were presented with Certificates of Appreciation, as well as posters and skateboard competition t-shirts. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council formally accepted the gifts. PROCLAMATION 8:30 p.m. 3.3 (610-50) Mayor Houston read a proclamation declaring October 23~31, 2001 "Red Ribbon Week" in the City of Dublin and encouraging all community members to pledge: No use of illegal drugs, and no illegal use of legal drugs. The Proclamation was presented to Police Chief Thuman. 8:31 p.m. Kasie Hildenbrand, 4603 Westwood Court, stated James Morehead was going to speak related to the Juvenile Detention Facility, but he had to leave. She advised that since the October 3~a meeting with Supervisor Miley, James has produced and distributed over 4,000 flyers and received over 100 offers for help. He is working with Sybase on the issue of the location of the Juvenile Detention Facility. Petitions have been distributed and as of Monday, he had received 50+. Residents can get involved and their website address is www. stopthesuperjail.com. CONSENT CALENDAR 8:34 p.m. Rems 4.1 through 4.17 Vice Mayor Lockhart pulled Items 4.7 and 4.11. On motion of Vice Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of October 2, 2001; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 437 Adopted (4.2 600-30) RESOLUTION NO. 176- 01 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HARLEY DAVIDSON OF VALLEJO FOR PARTICIPATION IN THE BUY BACK PROGRAM Authorized (4.3 600~30) the City Manager to execute the First Amendment to the Consultant Services Agreement with MuniFinancial for the Eastern Dublin Fiscal Impact Analysis and approved Budget Change transferring $9,100 from new revenues; Confirmed (4.4 110-30) the Mayor's appointment of George McHugh to the Senior Center Advisory Committee to a term expiring Authorized (4.5 600~35) Staff to advertise contract 01-14, Civic Center Interior Painting, for bids; Directed (4.6 640-80) the City Manager to respond to Recommendations 01 ~08 and 01 ~ 09 made in 2000-01 Alameda County Grand Jury Final Report; Approved (4.8 600~35) Contract 01 ~03 Change Orders//5 and #6, Civic Center Library; Adopted (4.9 670~40) RESOLUTION NO. 177- 01 ACCEPTING GRANT DEED FOR PARK & RIDE LOT (LOT 8 OF TRACT 7147) KOLL DUBLIN CORPORATE CENTER, ACCEPTING GRANTS OF EASEMENTS FOR ACCESS, AND APPROVING THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs) OVER LOT 8 OF TRACT 7147 Approved (4.10 600-30) and authorized the Mayor to execute an Improvement Agreement between the City of Dublin and DR Acquisitions, LLC for Fire Station # 18; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 438 Adopted (4.12 600-60) RESOLUTION NO. t78 - 0t APPROVING FINAL MAP FOR TRACT 7279 (GREENBRIAR LAND COMPANY) and RESOLUTION NO. 179- 01 ACCEPTANCE OF PARKLAND DEDICATION IN-LIEU FEES FOR FINAL TRACT MAP 7279 Approved (4.13 600-30) and authorized the Mayor to execute an Agreement between the City of Dublin and DR Acquisitions, LLC to fund deficit between costs of providing service to and revenues generated in eastern Dublin; Approved (4.14 330-20) Final Budget Changes and Operating Transfers for Fiscal Year 2000-01; Received (4.15 330-50) Preliminary Financial Reports for the Months of August and September 2001; Received (4.16 320-30) the City Treasurer's Investment Report for the 1~t Quarter of FY 2001-02 showing the City's investment portfolio totals $76,261,330 (cost basis), and funds during the 1 ~t Quarter invested at an average yield of 5.065%; Approved (4.17 300-40) the Warrant Register in the amount of $1,138,188.81. Vice Mayor Lockhart pulled Item 4.7, related to providing technical support staffing for the Computers for our Schools program. She asked if the School District has given us any budget projection and when they will be hiring. Mr. Ambrose stated the amount approved by the City Council for the budget was based on supplementing School District staff with consultants from Las Pasitas. CITY COUNCIL MINIYrEs VOLUME £0 REGULAR MEETING October 18, 2001 PAGE 439 On motion of Vice Mayor Locldaart, Seconded by Cm. Oravetz, and by unanimous vote, the Council adopted (4.7 600~40/515~60) RESOLUTION NO. t80- 01 AUTHORIZING FISCAL YEAR 200t-02 FUNDING FOR THE COMPUTERS FOR OUR SCHOOLS PROJECT MATCHING MONEY AGREEMENT and authorized the City Manager to execute the agreement with DUSD for funding computer technical support. Vice Mayor Lockhart pulled Item 4.11 regarding the Fire Stations proposed prototype. She stated she is so pleased to see this and the Green Building Guidelines are especially noteworthy. Recent newspaper editorials indicate no one is doing their fair share with environmental issues. She commented she is glad we are taking advantage of Waste Management's expertise. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council approved (4.11 600-30) and authorized the Mayor to execute a Consultant Services Agreement with BSA Architects for Fire Stations # 17 and # 18. The next 3 items (7.2, 8.2 and 8.3) were taken out of order for consideration by the Council. PUBLIC HEARING - RESOLUTION EXPRESSING CITY'S INTENT TO AMEND THE INCLUSIONARY HOUSING ORDINANCE TO MITIGATE THE IMPACTS OF RESIDENTIAL DEVELOPMENT ON THE AFFORDABILITY OF HOUSING IN THE CITY OF DUBLIN 8:52 p.m. 6.1 (430~20) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that on July 17, 2001, the City Council adopted a Resolution expressing the City's intent to increase the percentage of affordable units and related changes to the Inclusionary Housing Ordinance. This Resolution will put developers on notice that the City Council intends to adopt an Ordinance imposing a fee. By notifying developers, applications for CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 440 discretionary approvals submitted after the adoption of this Resolution, but before adoption of the fee, will be subject to the changes to the Inclusionary Housing fee. Notices of this hearing have been sent out to developers with potential future residential projects. Bruce Fiedler stated in the earlier joint Study Session the 1999-2006 numbers indicated about 25% of our population is low and very low-income households. He stated he supports an inclusionary housing plan and feels this can be done. There is value in having a mix of housing in the City. He also supports later item for change and additional fees. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 182- 01 EXPRESSING THE CITY COUNCIL'S INTENT TO AMEND THE CiTY OF DUBLIN INCLUSIONARY HOUSING ORDINANCE AS CURRENTLY CODIFIED IN CHAPTER 8.68 OF THE DUBLIN MUNICIPAL CODE (Intent is to establish a Citywide affordable housing goal in an amount not to exceed 15% of new housing units and to prohibit in-lieu fees from being used for more than Vz of the affordable/inclusionary units.) NOTE: An e-mail (pserna_~hbanc. org) was received late in the afternoon from Phillip £ Serna, Vice President of Regional Governmental Affairs~ Home Builders Association of Northern California~ statin$~ ~As I can not be present at tonight's headn~ please clarify for the record that should the CiO/Council adopt the resolution of intent~ such action will in no way prohibit entities with vested development tfghts~ as defined in the Subdi~sion Map Ac6 from meeting the requirements of the current incluslonary orch'nance (Chapter 8. 68 of the Municipal Code as of October 1 a, 3001) and acquiring building permits or other subsequent entitlements." PUBLIC HEARING - WEST DUBLIN BART SPECIFIC PLAN AMENDMENT FOR CROWN CHEVROLET AND ENEA/HHH PROPERTIES PA 01-024 8:57 p.m. 6.2 (410-55) Mayor Houston opened the public hearing. Senior Planner Janet Harbin presented the Staff Report and advised that this item is for the City Council to consider an amendment to the West Dublin BART Specific Plan for the CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 441 Crown Chevrolet and Enea/HHH Properties to extend the boundaries of the planning area, modify the land use designations in the Plan, add a traffic mitigation measure, and increase the Floor Area Ratio (FAR) for the properties to 1.00. Ms. Harbin stated based on the studies prepared for the requests to amend the West Dublin BART Specific Plan, a modification in the FAR for the subject properties and other similar properties, revisions to the Land Use Concept and traffic mitigation measures, and a revision to the Plan boundaries are appropriate at this time. These changes would be in conformance with the intent of the Specific Plan to create a vital urban environment in close proximity to public transit facilities and transportation corridors. Vice Mayor Lockhart asked about retail office and if this is retail or office. Ms. Harbin stated they could have either. Vice Mayor Lockhart asked what would be best for the City. Ms. Harbin responded retail would generate the most revenue. Vice Mayor Lockhart asked if there is a need for more commercial in our downtown area. Ms. Harbin stated with the BART station being located there in the near future, there will be greater need for retail as well as office uses. Vice Mayor Lockhart commented on mitigations and if all ~this business is to the east of San Ramon Road, why is mitigation to the west. Senior Civil Engineer Kevin Van Katwyk explained how they look at this as a whole, stacking and how many cars can accumulate in one block. They review the intersection to look at ways to keep it within its normal level of service. Mr. Ambrose explained this further and discussed signal timing phases, etc. Cm. Zika asked if this presupposes Golden Gate Drive to be 3 or 4 lanes. Ms. Harbin replied 4 lanes. Cm. Zika asked about the difference between commercial A and B. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 442 Ms. Harbin discussed this and explained that B might be specialty shops, cafes, etc. It is a little fuzzy and basically has to do with size of business. Vice Mayor Lockhart asked as far as being pedestrian friendly if there is one scenario that will be better than others or one that might hinder our attempts at making this pedestrian friendly. Ms. Harbin stated the analysis assumes the smaller 'property across St. Patrick Way would probably be used as a parking structure. We would look to make sure a whole block isn't covered with parking structures. Cm. McCormick asked with an FAR of one this translates to a certain number of square feet to make it work economically. Ms. Harbin stated with an FAR of one, presumably a business would look at this as being what they needed. The economist analysis factored in parking areas, requirements for landscaping and percentage of open space area. Mr. Ambrose stated an FAR of one is maximum. It could develop as .8. Cm. Oravetz asked if this has been discussed with Crown Chevrolet and £nea. Ms. Harbin stated they have met with them and they both seem to be agreeable and we got no negative feedback from them. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Oravetz complimented the Planning Commission on their decision and recommendation on this. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 183- 01 ADOPTING AN AMENDMENT TO THE WEST DUBLIN BART SPECIFIC PLAN FOR PA 01-024 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 443 9:11 p.m. RECESS Mayor Houston called for a short recess. The Council meeting reconvened at 9:17 p.m. with all Councilmembers present. Mayor Houston stated thenext item to be heard would be Item 8.$. PUBLIC HEARING - EASTERN DUBLIN PROPERTIES FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, PLANNED DEVELOPMENT (PD) PREZONE (STAGE I DEVELOPMENT PLAN) ZNv READING, PRE-ANNEXATION AGREEMENT AND RESOLUTION FOR REORGANIZATION APPLICATION TO LAFCO PA 9:24 p.m. 6.5 (620-20/600-30) Mayor Houston opened the public hearing. Senior Planner Andy Byde advised that this item involves the City Council's consideration off 1) Adoption of a Resolution Certifying the Final Supplemental Environmental Impact Report 2) Adoption of an Ordinance approving a Prezoning/Stage 1 Development Plan for the area 1,120 acres in size that is located in an unincorporated area of Alameda County bounded by I~580 to the south and Fallon Road to the west and the City's Sphere of Influence line to the east and north 3) Adoption of a Resolution approving execution of a Pre-Annexation Agreement between the City and Braddock & Logan Group 4) Adoption of a Resolution for Reorganization Application to LAFCO. Acting City Attorney Kit Faubion updated the City Council on the Supplemental EI1L She explained how and why a SEIR was prepared. The review process provides background for the decisions. This is not a new project. It was adopted in 1993 when the City looked at building out eastern Dublin. The City Council made various findings and determinations and all the mitigation measures continue to apply as each and every project in eastern Dublin is approved. The adopted plans in 1993 anticipated change. The current issue before the Council is to what extent does there need to be additional environmental review. The result was a determination to prepare a Supplemental EIR pursuant to CEQA guidelines. Various sets of findings were included and these tie up the end of the process. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 444 Mr. Byde presented the Staff Report which included discussion off Project Description; Annexation/Reorganization; Planned Development Prezoning; Environmental Review; Agricultural Resources; Air Quality; Biology; Traffic and Circulation; Utilities and Service Systems; Environmental Analysis Conclusion; Mitigation Monitoring and Reporting Program; Pre-Annexation Agreement; and Dublin Unified School District. In conclusion, Mr. Byde stated the proposed Planned Development ['rezone and Annexation request for the Project area is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and Dublin Zoning Ordinance. The project will accommodate the logical extension of public services within Eastern Dublin Specific Plan and City of Dublin General Plan. Mr. Byde explained the annexation/reorganization portion of the project. LAFCO has to approve the reorganization proposal. This is in the LARPD service area and the City will request that these be detached from LARPD. The City received a letter from LARPD Board indicating they are opposed to the detachment. Mr. Byde discussed the prezoning, which is a Stage 1 PD. Braddock & Logan have signed a preannexation agreement. Staff has received two letters; one from the City of Livermore and one from Stuart Flashman, Attorney for Citizens for Balanced Growth and PARC. He advised that Staff has not had a chance to go through the issues from Livermore. Staff would like to review the issues and return to the Council and recommended that the Council reintroduce the Ordinance this evening and continue it to November 6th for adoption and continue the remaining items to the November 6th date as well. Cm. McCormick asked if the SEIR was distributed to all the interested parties. Mr. Byde stated yes, it was and there were 5 notices on this. Cm. McCormick asked if we received comments from U. S. Fish & Wildlife or Corps of Engineers. Mr. Byde stated no comments were received from them. Margaret Tracy, representing the Board of Directors of the Preserve Area Ridgelands Committee stated she had a copy of letter from Stuart Flashman and read his conclusion, 'Dublin's headlong rush to approve this project is both unseemly and illegal. CBG and PARC respectfully suggest thai the CiO, continue its consideration of Ire project, wTthdraw this tSEIR, and back up and conduct a proper environmental review of this important regionally signil~'canlproject." She stated she was surprised by the process CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 445 followed by the City of Dublin. Stu submitted other letters and they were never notified that there had been responses to the comments and it was hard to get hold of one. It is a very inadequate time to review such a document. They are very concerned to be left out of the loop on this. Certainly the environment is different 8 years later, principally in the areas of air quality, water supply and they should be examined in the present context. Someone asked how you mitigate for a lack of water. Donald Miller, representing Citizens for Balanced Growth, advised that their attorney submitted the letter. This EIR is contrary to the spirit and letter of CEQA and a Supplemental EIR ignores changes to air quality, water and traffic in the last 9 years. The haste to move this project forward without proper notification seems suspect. They had only 24 hours to review a very substantial document. They want to know what is the big rush. Why not do it right? Why not let the Council and the public be fully informed about what the real environmental consequences of this plan are. Air quality tradeoffs need to be considered. The proposal to move this to November Oh - what is the rush to do all these things in one evening? They urged the Dublin City Council to consider and withdraw the SEIR and do a full scale EI1L T. W. Starkweather stated he has read and studied the documents and felt Staff has done an extremely thorough job. There is balance in housing and commercial and the City has zero vacancy in industrial. There is also economic balance, which the City Council must consider in running a City such as Dublin. When communities don't have economic balance, they have economic blight. We have an opportunity for an extraordinary future for our community. The tactics are obvious and typical with what our neighbors have done. Staff should review the documents to make proper recommendations. He stated he Supported continuing it to the next meeting. Mayor Houston continued the public hearing. On motion of Mayor Houston, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council waived the reading and REINTRODUCED the Ordinance. Vice Mayor Lockhart commented she managed to read this in one day. Anyone else could have accomplished the same thing. What she found were answers to serious questions regarding water, air quality and if someone takes the time to read this they will find these issues have been addressed. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 446 PROPOSED INCLUSIONARY ZONING ORDINANCE AMENDMENTS 9:51 p.m. 7. I (450-20/110-$0) Community Development Director Eddie Peabody presented the Staff Report and advised that in July 2001, the City Council amended the present Inclusionary Zoning Ordinance to increase in-lieu fee requirements to $2 per square foot for single-family residential units and $1.50 per square foot for multi-family units. In addition, the Council directed that Staff return with potential Inclusionary Zoning Ordinance amendments. As a result of public testimony at the July Council meeting, Staff has met with a group of developers and housing advocates in three meetings regarding potential Ordinance amendments. There are four categories of revisions to the Ordinance that Staff requested direction from the Council, including: 1) percentage of required moderate, low and very low units; 2) fee waivers; 3) alternatives to building units; and 4) how in-lieu fee requirements are calculated. Mr. Peabody discussed the analysis contained in the Staff Report and stated Staff is in the process of determining moderate and affordable housing costs so that information can be presented accurately about the difference between affordable and market construction costs. Staff will return with additional analysis prior to preparing the new Inclusionary Zoning Ordinance Amendment. Additionally, Staff will utilize Council direction given at this meeting to help create the new amendments. We will build about 4,411 units and our regional required number is 4,741. We have not built any affordable units since 1999. Our fee is relatively low when compared with other cities comparable in size. Mr. Peabody stated one issue is which percentages do we take. The City Council agreed with the ABAG numbers: 50% moderate income, 20% low income and 30% very low income. With regard to fee waivers for affordable housing, should the developer pay in-lieu fees for all units, even though 7.5% of the required units have been built? Mayor Houston stated he felt this seems to be double dipping. Vice Mayor Lockhart stated she felt it would be a big incentive for them to build the 15%. Mayor Houston questioned if this would be incentive or coercion. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 447 Mr. Peabody stated the goal is 15% and up to 7 ½% can be paid for by fee. Vice Mayor Lockhart stated the ultimate goal is we want units built and she wanted to make sure we have enough flexibility to allow them to build the units. They should be able to be creative, otherwise we are the ones to lose in the long run. Are there other scenarios that developers could come up with that should be considered7 We should incorporate enough flexibility to allow them to get to the 15%. Mayor Houston stated he felt we need to look at this on a global basis for the whole City. A higher percentage will be around the BART station. Cm. McCormick asked if these ideas should be tried first before we accept in-lieu fees. The Council discussed several possibilities. Cm. Zika stated he felt the percentage doesn't make much difference. If we are going to take in-lieu fees on those cases where they cannot produce the units, the fee has to be high enough so that we can produce the units. The highest percentage in the whole area is 10%. We may be setting the bar too high if we set this at 15%. The bottom line is we want to get units. Mayor Houston talked about a house on the market in Dublin that has gone from $385,000 9 months ago to $315,000 now. Since this process has started, the bottom has fallen out of the real estate market. We should be very cautious about this. The house is on Larkdale Avenue. Vice Mayor Lockhart stated she doesn't agree that we punish them for doing what's right. What we want are units. They need to be creative. Let people in the industry present ideas. Mr. Peabody discussed some joint kinds of projects. Cm. Zika clarified that we don't want them all in one corner of the City. Mr. Peabody stated our City is just getting started in the affordable housing business. Other cities have a lot of detailed information on how they make their determination. We should make this as simple as possible in the beginning to see what this produces. We could then get into more elaborate programs. Vice Mayor Lockhart stated she felt if they can be creative and figure out a way to build affordable units, we can call this meeting their obligation rather than meeting their CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 448 dollar obligation based on the cost of the house. If they produce the units, we could call it even. Cm. Zika stated he would like to look at assessing the fee based on the value of the unit. Vice Mayor Lockhart stated she felt it is harder to plan this way because land values are all over the board. Mr. Peabody referenced two letters which had been received: one from Mr. Phil Serna and one from H. Jon Paynter, Toll Brothers. Maurine Behrend, San Ramon stated she loves the City Council and loves our meetings. She lives in San Ramon. It was a privilege to be a part of the working group. She learned a lot about the details of what it takes to build an affordable unit. The IZOs that work are very flexible. She likes a 10% must build, but with incentives to help a developer get to that percentage. The IZO is just a part of how we will get to our assessed needs. Jennifer Mosel, CRIL and Dublin resident, stated she was concerned that building affordable units will drive up cost of market units. There are ways to help developers offset costs so the hit they take is less. She commented on the ABAG numbers, and commented she likes the current Ordinance the way it is and encouraged the City to keep it. She commented we should look at how we can make people happy rather than at penalties. Give them incentives and if they build more than 15%, they get more incentives. She stated she was encouraged to see in-lieu fees as part of a flexible inclusionary zoning plan. She was also happy to hear the Council say, build the units, over and over. Finally, she stated she is eager to see development of the Task Force and ideas and programs that come out of that. Marty Inderbitzen representing Dublin Ranch Properties stated he has significant stake in this discussion, as 3,~00 to 4,000 units left under their ownership to be built. They will feel the biggest impact of whatever we decide to do. This could have a $10 million impact to them. They have been grateful to be successful and have paid their way and gone beyond to enhance the community for existing as well as new residents. This issue is an important one and an obligation they all have to deal with. An in-lieu fee has been convenient but the real issue is to build units. They have been and will continue to work with Eddie Peabody and the committee. Education is a very important thing and the issues are very complex. If one or two Councilmembers could participate in the discussion as it goes forward, this would be appreciated. He agreed that the ABAG percentages seem to make more sense. The total obligation should not fall on just the newcomer in the community. A general fund amount could be committed each year. With regard to total percentage, the existing Ordinance is now 5% and this has not been CITY COUNCIL MINUTES VOLUME 20 REGULAR/~AEETING October 16, 2001 PAGE 449 accomplished. To propose a 300% increase is not necessarily the way to encourage the development community to meet this. He encouraged the City Council to keep an open mind and don't necessarily send message that it is a 15% target. Create opportunity for them to achieve units. We also need to be flexible in the area of in~lieu fees. Any units in the affordable category are better than what we are getting now. Give flexibility. Two developers stand out because they are so much larger - them and the Surplus Property Authority. Consider alternative for larger landowner/developer that allows them to build some product to meet their obligation as a way of achieving something. Kevin Peters with Shea Homes stated he also participated on the TaSk Force. Affordable housing is a significant and difficult issue to grasp. One area the group struggled with is it seems they are trying to build a three~legged stool. Homes are where jobs go to spend the night. We must look at the commercial as part of the solution. What are all the sources we have to solve the problem. Market rate housing needs to be part of the solution, but it needs to be bigger than this. He encouraged a couple of Councilmembers to work on the Task Force. Bruce Fiedler if someone came in and said Dublin can have over 100 units of affordable housing, it is just as important for this community to maintain the quality. The City may be able to offer some incentives to The Springs to continue their Section 8 housing. It is important to maintain what we have. Vice Mayor Lockhart, Cm. Zika and Cm. Oravetz all indicated they would be happy to be on the committee. After discussion, it was determined that Cm. Oravetz and Cm. McCormick will serve on this Task Force. FORMATION OF A CITY OF DUBLIN HOUSING TASK FORCE This item was heard right after the Consent Calendar. 8::38 p.m. 7.2 (110~50) Planning Manager Jeri Ram presented the Staff Report and advised that this item is for the Council to discuss issues related to the appointment of a Housing Task Force to meet with Staff and consultants on the Housing Element of the General Plan and other issues as assigned. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 18, 2001 PAGE 450 Staff recommended that the Task Force be appointed for a period of one year. Based on discussions with the City's Consultant on the Housing Element, Jeff Goldman of Parsons Harland Bartholomew Associates, Inc., the Task Force should include: 1) A member or representative of special needs populations 2) A member of the senior community 3) A resident from an existing affordable housing complex 4) An affordable housing builder 5) A member of the market rate building community 6) Interested members of the community 7) A member of the City Council 8) A member of the Planning Commission Staff recommended a minimum of 7 members and a maximum of 15 members be appointed to the Task Force. An advertisement listing the types of members who should apply could be placed in the newspaper and the Mayor would then appoint from those who apply and the City Council would confirm the appointments. Ms. Ram stated it is anticipated that the Task Force will meet $ times on the Housing Element. The first meeting would take place shortly after the Task Force is appointed. Staff recommended that the Council provide direction on:' 1) Time period for the Task Force 2) Composition of the Task Force $) Number of members to be appointed to the Task Force 4) Method of selecting members of the Task Force Mr. Ambrose advised that the City had received a letter from the Chamber of Commerce requesting membership on the Task Force. Cm. McCormick stated maybe we need to consider expanding this. Vice Mayor Lockhart stated she felt there needs to be an understanding of a commitment to serve on this and we need continuity. It is important that members attend all the meetings. This is such an important issue. She stated she would like to see some guidelines that they commit to attending the meetings. Cm. Zika commented 25 people were very active when they designed Emerald Glen Park. This Task Force will meet only $ times, so we will have to take somebody's word that they will fulfill the commitment. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 18, 2001 PAGE 45'i Mayor Houston stated he felt we should have a reasonable limit on members, but it is open to anyone to come to the meetings. Let's advertise it and see if there is interest. Cm. Oravetz stated he would agree with the application process, but all will be welcome. The Council directed that Staff advertise and see what the response is. Cm. Zika and Vice Mayor Lockhart volunteered to be the Council representatives. On motion of Cm. Oravetz, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council appointed Cm. Zika and Vice Mayor Lockhart to serve on this Task Force with the time period being one year as suggested by Staff. TED FAIRFIELD PARK DEDICATION 10:58 p.m. 7.3 (920~60) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that Ted Fairfield Park is the City's newest neighborhood park, located in the Dublin Ranch Development on North Dublin Ranch Road between Antone Way and Oak Bluff Lane. Ms. Lowart discussed the activities planned for a park dedication event with a western barbecue theme. Staff presented 3 options for dedication of the park. Option 1 - Hold event in December and proceed with planned activities; Option 2 - Hold event in December and change activities; and Option 3 - Delay event until Spring and proceed with planned activities. Originally, the artwork proposals from the 5 finalists for the Art in the Parks project were to be displayed at the event. The selection of the art will be complete by December; therefore, it would be too late to display the proposals at the dedication. However, the selected artwork proposal could be displayed. Ms. Ix>wart advised that if the Council prefers conducting the dedication in December, Mr. Fairfield would be available on either December 1 ~t or 8th. If the Council decides to delay the event until April, Staff would report back to the Council on potential dates at a future meeting. Cm. McCormick asked when the art project will be done. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 452 Ms. Lowart said it could be done by Spring. The Council determined that Staff should wait and do it in the Spring. DESIGNATION BY CITY COUNCIL FOR AN AD HOC AUDIT REVIEW COMMITFEE 11:01 p.m. 8.1 (310~60/110~30) City Manager Rich Ambrose advised that the independent auditors from the firm of , Vavrinek, Trine, Day & Company will be completing all of the work required to publish the Comprehensive Annual Financial Report for the Fiscal Year ending June 30, 2001. In the past, the City Council has established an Ad Hoc Committee to review the report with the Auditors. The Council designated Cm. Oravetz and Cm. McCormick to meet with the City Auditors to review and discuss the Audit Report for the period ending June 30, 2001. REQUEST BY VALLEY CHRISTIAN CENTER TO INITIATE A GENERAL PLAN AMENDMENT STUDY FOR A 1.4 ACRE SITE AT 7500 INSPIRATION DRIVE This item was taken out of order and heard following Item 7.2. 8:45 p.m. 8.2 (420-30) Senior Planner Janet Harbin presented the Staff Report and advised that Valley Christian Center is requesting that the City Council allow the initiation of a General Plan Amendment Study to designate 1.4 acres of Public/Semi-Public Facility property for medium high density residential 14.1-25.0 dwelling units per acre to accommodate the multi~family development component of a Master Plan for the Valley Christian Center facility. The applicant's intent is to actually construct 22 dwelling units on the southwestern portion of the site near the intersection of Inspiration Drive and Dublin Boulevard. Ms. Harbin advised that an application for rezoning the property, including the church~ related facilities and the residential development, to a Planned Development is included in the submittal. Approval of a Tentative Parcel Map to divide the property into three separate parcels is also included in the application. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 200t PAGE 453 If the Council approves initiation of this Study, Staff would include the work in the current work program for the department as time permits. Staff has performed a pre~application review of the project, and has determined that an Environmental Impact Report (EIR) will be required for the GPA, PD rezoning, and Tentative Parcel Map application. The EIR would be prepared during the course of the project review and would assist in the evaluation of the appropriateness of the residential use and the expansion of facilities on the site. Roger Mahany, Business Pastor at VCC stated they have been working on this for 5 years and this is just a portion of the overall parcel they have. Cm. McCormick asked if any of these units will be affordable housing. Mr. Mahany stated they are just in the planning stages so this has not yet been factored in. Mayor Houston asked about the plan. Mr. Mahany stated it will probably be a marketable project. Cm. Zika clarified they are developing a master plan for the entire 50 acres. He stated he does not want it piecemealed. Their former pastor made a commitment and a master plan never came forward. Cm. Oravetz stated he will be wanting to see affordable housing. He asked if their property is part of the western hills and subject to Measure M. Mr. Ambrose stated no. Vice Mayor Lockhart expressed concern because she knows how backed up Staff is right now with General Plan studies. It may be awhile before the study can actually get underway. Mr. Mahany stated Staff has explained the timetable. On motion of Mayor Houston, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 181 - 01 APPROVING INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR VALLEY CHRISTIAN CENTER PROPERTY CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 454 CIVIC CENTER HOLIDAY LIGHT DISPLAY 9:18 p.m. 8.3 (950-40) Public Works Administrative Analyst Ginger Russell presented the Staff Report and stated Staff was requesting direction as to whether holiday lights should be installed and whether the hours of operation should be limited, in light of the Governor's Executive Order D-19-01 which provides that, "All California retail establishments, including but not limited to shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours, except as necessary for the health and safety of the public, employees, or property." The outdoor holiday lighting displayed at the Dublin Civic Center has typically consisted of the rooftop lights, which are attached to the perimeter of the portion of the building that faces Dublin Boulevard and 1-580 and one evergreen tree on the front lawn. There are indoor holiday trees located in the lobby of both the Administrative Wing and Police Wing of the Civic Center, at the Shannon Center and at the Senior Center. The cost of power for the relatively small amount of holiday lighting used by the City of Dublin, even at current rates, is not a substantial amount. The issues involved are those of compliance with the Executive Order and public perception. Many other agencies and businesses will most likely limit the hours of operation for any holiday lighting. The cost of providing timers for City lighting is actually higher than the cost of power. Ms. Russell advised that the City's contractor, Sierra Display, typically installs the rooftop lights around mid-November, and Staff requested direction in order to advise Sierra whether or not to install the lights. They have indicated that their 100+ 'light line' display customers, mostly shopping centers, are going ahead with their displays this year. Staff recommended that the City Council review the information presented and provide direction as to whether the lights should be installed and whether the hours of operation should be limited, as well as any other direction desired. Carmen, a DHS student, asked if this would interfere with the energy crisis we've been having. Ms. Russell stated it would be displayed during an off-peak time when most of the energy usage would not be taking place. Carmen asked if it is for a specific holiday or all holidays and exactly where would it be. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 455 Ms. Russell explained the lighting display. Mayor Houston stated he felt we should have the display. A timer might not be cost effective. He encouraged that we keep it up during the holiday season. Cm. Zika concurred and stated he felt it is important this year because of what has happened. Cm. McCormick stated the timer would be a one-time purchase, which could be used for 10 years. Vice Mayor Lockhart stated she felt it is nice not only for the community but for those traveling on the freeway as well. Mayor Houston asked if we will have red and green lights or just green. Ms. Russell stated this year it will be red, green and white lights. Cm. McCormick stated she likes lights so much she would like to add lights for the fountain. Mr. Ambrose pointed out that the fountain is a different story when it comes to energy use. Mayor Houston clarified that the Council's direction was that we go forward with what we've done in the past. OTHER BUSINESS 11:02 p.m. Cm. McCormick reported that she spent 4 days in Tennessee at a housing conference and stated all over the U.S., cities are struggling with the same issues of affordable housing that we are. She brought back materials for distribution. Portland Oregon is still the model. CITY COUNCIL MINUTES VOLUME 20 REGUI~R MEETING October 16, 2001 PAGE 456 Cm. Zika asked about Fandangos and why it hasn't been cleaned up. Mr. Peabody stated architect disappeared and we wrote a letter that they need to clean it up. Cm. Oravetz advised that he will attend an East Bay Division Meeting (LOCC) this week in Orinda. Vice Mayor Lockhart asked Chief Thuman if the Santa Rita gun range operates until 10:00 p.m. She questioned if it could be closed at 9:00 p.m. instead of 10:00 p.m. Chief Thuman stated he can approach the County on this issue. It was previously operated until midnight or 1:00 a.m. Mayor Houston reported that the City had a volunteer event on October Sth, and it was a great event. He thanked Staff. Vice Mayor Lockhart congratulated Julie Carter on the birth of her new baby daughter Nicole Elizabeth on Sunday, October I4th. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:07 p.m. --~ ~City C1L~rk Mayor CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING October 16, 2001 PAGE 457