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HomeMy WebLinkAbout04-20-1999 CC Adopted MinutesREGULAR MEETING – April 20, 1999 A regular meeting of the Dublin City Council was held on Tuesday, April 20 , 1999, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:30 p.m. by Mayor Houston. CLOSED SESSION The Council recessed to a closed session to consult with Legal Counsel regarding Anticipated Litigation – initiation of litigation pursuant to subdivision © of Government Code Section 54956.9 – one potential case. REPORT ON CLOSED SESSION ACTION Mayor Houston reported no action was taken during the closed session. The public meeting was reconvened at 7:13 p.m., with all Councilmembers present. ROLL CALL PRESENT: Councilmembers Howard, Lockhart, McCormick, Zika and Mayor Houston. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CONSENT CALENDAR 7:14 p.m. Items 4.2, 4.5, & 4.11 were pulled from the Consent Calendar for discussion. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 226 On motion of Cm. Zika, seconded by Cm. Howard and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of March 18, 1999 and Regular Meeting of April 6, 1999; Adopted (4.3 600-40) RESOLUTION NO. 62 - 99 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND COUNTY OF ALAMEDA REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1999-2000 and authorized Mayor to execute six originals of the agreement; Accepted improvements (4.4 600-30) for tree removal, Emerald Glen Park, Phase I (Project No. 99-01) by Reliable Tree Experts; Adopted (4.6 410-40) RESOLUTION NO. 63 - 99 APPROVING FINAL PARCEL MAP 7375 (BLACK ANGUS) Adopted (4.7 600-60) RESOLUTION NO. 64 - 99 APPROVING FINAL MAP FOR TRACT 6963 (DUBLIN RANCH – NEIGHBORHOOD M2) and RESOLUTION NO. 65 - 99 ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEES FOR FINAL MAP TRACT 6963 (NEIGHBORHOOD M2) Adopted (4.8 600-60) RESOLUTION NO. 66 - 99 APPROVING FINAL MAP FOR TRACT 6958 CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 227 (DUBLIN RANCH – NEIGHBORHOOD L3) and RESOLUTION NO. 67 - 99 ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEES FOR FINAL MAP TRACT 6958 (NEIGHBORHOOD L3) Adopted (4.9 600-30) RESOLUTION NO. 68 - 99 AWARDING CONTRACT 99-02 1999 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND HANDICAP RAMP CONSTRUCTION TO J.J.R. CONSTRUCTION, INC. Received (4.10 320-30) City Treasurer’s Investment Report for 3 Quarter 1998-99; rd Adopted (4.12 600-30 RESOLUTION NO. 69 - 99 AWARDING CONTRACT 98-11B HERITAGE CENTER IMPROVEMENTS, PHASE II TO DB LANDSCAPE And approved budget change form for $69,784 from Unallocated In Lieu Parkland Reserves; Authorized (4.13 700-20) Staff to fill full-time Management Assistant position in the City Manager’s Office; Approved (4.14 600-30) Change Order #1 in the amount of $4,650 and approved Budget Change Form for agreement with Hausrath Economics Group for preparation of a revision to the Public Facilities Fee Justification Study; Adopted (4.15 600-30) RESOLUTION NO. 70 - 99 APPROVING AMENDMENT TO CONTRACT WITH ZUMWALT ENGINEERING GROUP FOR ENGINEERING SERVICES FOR FY 1998-99 CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 228 And approved Budget Change Form; Approved (4.16 300-40) the Warrant Register in the amount of $578,493.53. Cm. McCormick. pulled Item 4.2 regarding a report on the Camp Parks Master Plan. She indicated she wanted more discussion. Throughout the report, there was reference to being a “Good Neighbor”. She wanted to talk to them about dedicating land for a cemetery and having better landscaping around the berm by the 8 Street Gate. th Carol Cirelli, Senior Planner, indicated Staff had worked with Camp Parks in the initial stages of the Master Plan in regard to roadways, but these two items were not discussed. Mayor Houston stated he had called Col. Black about ball fields. He felt a liaison meeting to update on what is being planned over there would be helpful. Then the public could be told what was happening. Mr. Ambrose asked if someone from Camp Parks should be invited to make a presentation at a Council meeting and allow the Council to ask questions? On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council received the Report (4.2 130-80) on the Camp Parks Master Plan and directed Staff to contact Camp Parks about making a presentation at a future City Council meeting. Cm. Lockhart requested Item 4.5 be pulled. She was concerned that someone from Police Services was the person assigned to work with the Shelter Management Committee. Mr. Ambrose explained that the person assigned was a City of Dublin employee and not an employee of Alameda County Sheriff’s Department. Cm. Lockhart indicated that person had their office on the Police side and reported to Dublin Police Services. Mr. Rankin explained that though it was Alameda County Sheriff’s Department, the Staff was different for Animal Control Services. The Administrative Assistant was an analyst position created to administer contracts. Mr. Ambrose stated there was not a supervision issue. Cm. McCormick asked if any of the animals were sold or given to labs or research institutes? Mr. Rankin indicated the animals were given to the Valley Humane Society if they were adoptable. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 229 On motion by Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the City Council adopted (4.5 600-40) RESOLUTION NO. 71 - 99 AUTHORIZING AN AMENDMENT TO THE ANIMAL SHELTER OPERATING AGREEMENT ORIGINALLY APPROVED BY RESOLUTION NO. 6-96 Cm. Lockhart pulled Item 4.11 and thought there had been a conversation about a traffic study for that area, but no reference was made in the report. Mr. Thompson indicated a traffic study had been done. Mr. Peabody stated a survey had been done for Amador/Starward, but this Tract did not add a significant amount of traffic. Mayor Houston recalled discussion about line of sight and thought Council had directed Staff to have another look at the intersection to make it safer. Council wants more input. Cm. Lockhart stated it was a dangerous area and she had a serious concern about adding more walkers to the area. She can’t support adding more traffic to the area. Mr. Thompson indicated TJKM had done a line of sight review and this crosswalk was in the proper place and should not be moved further down. Mayor Houston felt the project itself was not an impact, but speeding in this area was the problem. Cm. McCormick saw more cars making turns on and off of Starward and Amador Valley Boulevard. She wanted someone to look at the situation and possibly change the whole design of the intersection. Our own Librarian wouldn’t cross the street there. Mr. Thompson stated another traffic light could not be put there. Mayor Houston felt the Council wanted more study of this area. Mr. Ambrose explained to the Council that legally they had to adopt the Final Map if the applicant had met all the conditions. This item tonight was an ministerial action.. Mr. Thompson indicated Staff could examine the possibility of changing the signals or the geometry of the street. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 230 Cm. Lockhart wanted the speed limit changed. Mayor Houston requested Staff bring back to the next meeting what traffic studies have been done. Cm. McCormick asked what the parkland dedication went to? Mr. Thompson responded to the Dublin Sports Grounds and a community park. Mr. Rankin stated it went for the land and not to pay for construction costs. Cm. McCormick asked if open space could be included in the language? Mr. Ambrose explained if it is not listed in the Public Facilities Fee Program by State Law & AB 1600, it cannot be included. On motion of Cm. Zika, seconded by Cm. Howard, and by majority vote (Cm. Lockhart abstained), the Council adopted (4.11 600-60) RESOLUTION NO. 72 - 99 APPROVING FINAL MAP FOR TRACT 7029 (STARWARD) and RESOLUTION NO. 73 - 99 ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEES FOR FINAL TRACT MAP 7029 PUBLIC HEARING PA 99-005 EXTENDED STAY AMERICA HOTEL SITE DEVELOPMENT REVIEW 7:37 p.m.6.1(410-30) Mayor Houston opened the public hearing. The Staff Report was presented by Dennis Carrington, Senior Planner. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 231 The Site Development Review is for a 122 suites three stories high (48 feet) Extended Stay America Hotel on a 2.56 acre site. The Planning Commission approved a Conditional Use Permit at a public hearing held on July 14, 1998. The City Council approved a project at this location on August 4, 1998, which included a 122 units Extended Stay America Hotel and a 93 units Studio Plus Hotel. A new public hearing is necessary because the Studio Plus Hotel has been eliminated and the 122 unit Extended Stay Hotel will be at a new location on the parcel. The hotel will be facing Dublin Boulevard to the north and Tassajara Creek to the east. The main entryway will be accented by a portico which will shelter people leaving their vehicles. Convenient parking will be located adjacent to the main entry to the hotel. Vehicle access to the hotel will be from Dublin Boulevard. Freeway access will be primarily from I-580 at Hacienda Drive. A condition of approval for the Site Development Review requires that there be no illuminated wall signs on the north elevations of the structures in order to minimize light and glare to the residences to the north. Monument signs may be no more than 6 feet high and their faces must be oriented to the east and west. Cm. McCormick asked who the landscapers were? Mr. Carrington responded Borrecco/Kilian & Associates. Cm. Lockhart asked if the satellite dish listed was correct? Mr. Carrington responded it was at ground level. Mayor Houston asked where the satellite dish was positioned? Jeff McAdams, Architectural Dimensions, Walnut Creek, indicated on the map that it was in the corner as far away from the street as possible and it would have landscaping around it to screen it. Mayor Houston asked how big was it? Mr. McAdams responded 10 ft diameter and 12 to 13 ft high. Cm. Zika indicated it backed up to the Creek. Mr. Ambrose stated that AutoNation has a wall along the property. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 232 Mr. Carrington indicated that there would be an enclosed service yard. Mr. McAdams stated it was the farthest location from the homes and they tried to pick a spot where could get a decent amount of landscaping around it and use the trash enclosure to try and block it Cm. McCormick asked if the creek was accessible from the project? Mr. Ambrose responded there was no pedestrian pathway along there. Mr. Carrington indicated that trees and schrubbery would be used to screen the area. Cm. Lockhart stated it was real important to use lots of landscape. Mr. McAdams indicated that they could look at upgrading the landscaping. They were trying to keep everything from being out front and from being visible. Cm. McCormick asked how many other Extended Stay Hotels were there in the country? Steve Peters, Real Estate Manager for Extended Stay America, indicated there are 335 properties across the country. There are approximately five hotels in the Bay Area that are open. They try to make special architectural features that fit into the city they are going into so it will have the look and feel of the community it is in. Milpitas has a tiled roof with terra cotta color with a Mission Spanish feel. Cm. McCormick asked if it was going to be green? She also wanted to point out that on their leadership page that listed their Board of Directors and Officers, there was only one woman listed. Mr. Peters indicated there would be green trim on it, but it will not be a green building. Mayor Houston asked him to describe the type of hotel Extended Stay was. Mr. Peters stated the hotel was designed for people who were coming into town for a week or more on business, consulting, relocating, sometimes construction work. There are kitchens in every unit with microwaves and refrigerators. It was a convenient place to stay with families that have young children. There are data ports in all the rooms for voice mail, e-mail and fax machines. He felt the primary customer was a business customer. Cm. Lockhart felt there was a real need for that. Mayor Houston closed the public hearing. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 233 Mayor Houston requested that the applicant work with Staff on the screening issue for the satellite dish. On motion of Cm. Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted RESOLUTION NO. 74 - 99 APPROVING PA 99-005 SITE DEVELOPMENT REVIEW APPLICATION FOR EXTENDED STAY AMERICA HOTEL With the Condition that more landscaping be added around the Satellite Dish and having the Community Development Director check this. PUBLIC HEARING PA 98-047 KOLL DUBLIN CORPORATE CENTER DEVELOPMENT AGREEMENT 7:45 p.m.6.2(600-60) The Staff Report was presented by Eddie Peabody, Community Development Director. On March 23, 1999, the Planning Commission reviewed the Staff Report for the proposed project and adopted a Resolution recommending that the City Council adopt an Ordinance accepting a Development Agreement with Koll Development Company for the Koll Dublin Corporate Center. On April 6, 1999, the City Council held the first public hearing. As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is necessary prior to final adoption of the Development Agreement. Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Zika asked about upgrading the landscaping to hide the parking lot. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 234 Mr. Peabody responded that the landscaping was being reviewed per the discussion by the Council. Mayor Houston asked about an update? Mr. Peabody asked if the update could be a written report? Mayor Houston responded yes. On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 7 - 99 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN, KOLL DEVELOPMENT COMPANY, LLC (PA 98-047) AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY FOR THE KOLL DUBLIN CORPORATE CENTER PUBLIC HEARING PA 98-045 DUBLIN RANCH PHASE I DEVELOPMENT AGREEMENT 7:49 p.m.6.3(600-60) The Staff Report was presented by Eddie Peabody, Community Development Director. This project consists of a maximum of 847 residential units in nine neighborhoods. MSSH, Centex Homes, MSSH Mayfield, and Standard Pacific will be constructing different neighborhoods. The master developer will be MSSH Dublin Development, LLC, but the agreement is also with the other developers who will construct some of the neighborhoods because they own the property. The Development Agreement sets forth many items including but not limited to infrastructure construction and phasing, and the payment of various required impact fees. On March 23, 1999, the Planning Commission reviewed the proposed project and made a recommendation that the City Council adopt an Ordinance accepting a Development Agreement. On April 6, 1999, the City Council held the first public hearing and discussed terms of the Development Agreement including vesting rights of the developer, offsite street improvements, CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 235 neighborhood park dedications, various credits and improvement agreements and the eight year term of the agreement. Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 8 - 99 APPROVING THE DEVELOPMENT AGREEMENT FOR PA 98-045, DUBLIN RANCH PHASE I BETWEEN THE CITY OF DUBLIN, MSSH DUBLIN DEVELOPMENT, LLC, CENTEX HOMES, STANDARD PACIFIC CORP., AND MSSH MAYFIELD LLC PUBLIC HEARING PA 98-055 MICRO DENTAL LABS, INC DEVELOPMENT AGREEMENT 7:50 p.m.6.4(600-60) The Staff Report was presented by Eddie Peabody, Community Development Director. The Planning Commission held a public hearing in regard to this development agreement on April 13, 1999 and recommended that the City Council adopt the ordinance approving the Development Agreement. Based upon a traffic study conducted for the Micro Dental Labs, Inc. project, it was determined that certain improvements were required to the circulation system as a result of the projected future traffic from the project. These improvements include improving some roadways, widening some roads, the improvement of certain intersections in Dublin and Eastern Dublin, the ultimate construction of the Tassajara Road/Santa Rita Road/I-580 Interchange. Other improvements that were identified could be phased and put in as required by traffic warrants or when other projects come on line. Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 236 Mayor Houston closed the public hearing. Cm. McCormick asked if there had been any further discussion about public art? Mr. Peabody responded there has only been one discussion. There may be one more. Cm. McCormick stated to make it a priority. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance adopting the Development Agreement between the City of Dublin, HHH Supply & Investment, and Alameda County Surplus Property Authority for the Micro Dental Project (PA 98-055). PUBLIC HEARING PA 98-063 TOLL BROTHERS DEVELOPMENT AGREEMENT 7:52 p.m.6.5(600-60) The Staff Report was presented by Eddie Peabody, Community Development Director. A public hearing was held by the Planning Commission on April 13, 1999, where they recommended that the City Council adopt the ordinance approving the Development Agreement. Based upon the traffic study conducted for the Emerald Glen #4 Project, it was determined that certain improvements were required to the circulation system as a result of the projected future traffic from the project. These improvements included improving some roadways, widening some roads, the improvement of certain intersections in Dublin and Eastern Dublin, the ultimate construction of the Tassajara Road/ Santa Rita Road/I-580 Interchange. Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance approving the Development Agreement CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 237 between the City of Dublin, Toll Brothers, Inc., and Alameda County Surplus Property Authority for the Toll Brothers Project, Emerald Glen #4 (PA 98-063). Mayor Houston requested Mr. Peabody give an overall explanation about development agreements. Mr. Peabody explained that one of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into Development Agreements with developers in the planning area. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project for a specified period of time. It is also a mechanism for the City to obtain commitments from the developer that the City might not otherwise be able to obtain. Three public hearings are required on Development Agreements. The purpose of the hearing before the Planning Commission is to recommend the approval for the Agreement to the City Council. The first Public Hearing before the City Council is to introduce the Ordinance and the second public hearing is to adopt the Ordinance. The Ordinance will become effective 30 days after the second reading. PUBLIC HEARING DUBLIN RANCH “AREA A,” “AREAS B-E, F, G, & H” DEVELOPMENT AGREEMENT PA96-038/Area A; PA96-039/Area B-E; PA98-068/Area F; PA98-069/Area G; PA98-070/Area H 7:55 p.m.6.6(600-60) Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston continued the item to the May 4 City Council meeting. th PUBLIC HEARING REPEAL LIMITED PARKING ZONES ON SIERRA LANE 7:56 p.m.6.7(570-20) The Staff Report was presented by Lee Thompson, Public Works Director. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 238 At the City Council meeting of March 2, 1999, a petition was received from Andrea Mokros of Curtis PMC, located at 6591 Sierra Lane requesting that the City remove a 2-hour parking zone located along their property frontage on the north side of Sierra Lane. The on-site parking for the building occupied by Curtis PMC is not sufficient for the number of employees, and the on- street parking is needed for the overflow. Upon researching the original reason for creating the limited parking zones, it was found that in 1981 Bedford Properties requested the limited parking from Alameda County because large trucks were parking along the curb and causing a sight distance problem. Since then, the City has adopted an ordinance limiting trucks to two hour parking throughout the City making the two-hour parking zone superfluous. The 20-minute parking zone on the south side of the street was originally requested by Viacom for customers conducting business at Viacom’s office. The current occupants do not want to keep the limited parking zone so it is recommended that this curb be available for normal parking. Since both these limited parking zones were originally adopted by ordinance, they must be repealed by ordinance. A second public hearing will be needed for adoption. It is also recommended that a 15 feet red No Parking Zone be installed on each side of driveways along Sierra Lane to improve sight distance for vehicles exiting the driveways on this street. The 15 feet of red curb would be installed on each side of driveways at 6800 - 6840 Sierra Lane; 6700-6680 Sierra Lane; 6644 – 6640 Sierra Lane; 6481 – 6465 Sierra Lane; 6487 – 6483 Sierra Lane; and 6591 Sierra Lane. Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Lockhart asked if any feedback had been received from Curtis PMC about the red curbs? Mr. Thompson didn’t believe they had notified the City, but the City had sent them a copy of this item. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived reading and INTRODUCED Ordinance repealing limited parking zones on Sierra Lane and approved no parking areas (15 feet on each side of drive ways) for sight distance. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 239 PUBLIC HEARING PA 98-007 GENERAL MOTORS AUTOMALL DEVELOPMENT AGREEMENT 7:58 p.m.6.8(600-60) Staff Report was presented by Eddie Peabody, Community Development Director. The project site is located at the southwest corner of John Monego Court and Dublin Boulevard. The Planning Commission held a public hearing on April 13, 1999 and recommended that the City Council adopt the ordinance approving the Development Agreement. Based on the traffic study conducted for the General Motors Automall Project, it was determined that certain improvements were required to the circulation system as a result of the projected future traffic from the project. These improvements include improving some roadways, widening some roads, the improvement of certain intersections in Dublin and Eastern Dublin, the construction of the Tassajara Road/Santa Rita Road/I-580 Interchange. A special requirement is the construction of the Dublin Boulevard Bridge over Tassajara Creek. Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Mayor Houston asked about possible tenants? Mr. Ambrose indicated there was only one franchise at the moment. On motion of Cm. McCormick, seconded by Cm. Lockhart, and by unanimous vote, the Council waived the reading and INTRODUCED Ordinance approving the Development Agreement between the City of Dublin, Argonaut Holding, Inc and Alameda County Surplus Property Authority for the General Motors Automall (PA 98-007). CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 240 PUBLIC HEARING PA 96-037 ORDINANCE REQUESTING CONSENT OF BOARD OF SUPERVISORS & THE ZONE 7 BOARD TO ANNEX SCHAEFER RANCH TO ZONE 7 FOR WATER PURPOSES ONLY 8:00 p.m.6.9(620-20) The Staff Report was presented by Dennis Carrington, Senior Planner. Approximately 168 acres of Schaefer Ranch are currently within Zone 7 and can receive water services. The remaining 332 acres of Schaefer Ranch must be annexed into Zone 7 if they are to receive water service. Zone 7 has adequate capacity to serve the additional 332 acres and 466 dwellings of Schaefer Ranch for water services only. Flood Control Services will be provided by Zone 2 of ACFC&WCD. The homes in the annexed area will use an estimated 180 acre feet of potable water on an annual basis. The impact on the potable water resources will be mitigated by a requirement that an estimated 120 acre feet of recycled water be used within the annexed area. California Water Code requires a city to receive consent from both the Zone 7 Board and the Board of Supervisors of the Alameda County Flood Control & Water Conservation District for annexation into an existing Zone for water service. The application must be in the form of an ordinance describing the boundaries of the territory desired to be annexed and must declare that the area to be annexed will be benefited by such annexation. If the Board determines that the annexation is in the best interests of the zone and the territory proposed to be annexed, it may by resolution order that the boundaries of the zone be altered to include that territory. Mayor Houston wanted to make clear that Zone 7 has provided a will serve letter. They have allocated water for this project. Mr. Carrington confirmed that yes, they have. Cm. McCormick asked that the Zone 7 representative talk about Del Valle and draining that particular body of water. The City had sent them a letter asking them to look elsewhere for water. Would this be part of the water supply for Schaefer Ranch? Vince Wong, Assistant General Manager at Zone 7, indicated they were looking at other ways of bringing water into the area without adversely impacting the recreational facilities. That was the reason for the 60 day extension on the EIR to look for ways to work with the Department of Water Resources, the lead State Agency so they might bring water in without having to purchase or use a portion of Lake Del Valle. Schaefer Ranch will be part of the new CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 241 water supply resources. There will be a meeting tomorrow to identify other water sources. They have identified sources of water that are available. Cm. McCormick asked if recycled water was in the mix at Schaefer? Mr. Wong responded that recycled water would be a part of the program handled by DSRSD. Mayor Houston asked when was the date that the serve letter was issued for this project? Mr. Wong responded that in September of 1996, Zone 7 sent a letter to the City of Dublin indicating that they would serve the Schaefer Ranch through DSRSD. Cm. Lockhart asked that the size of the project and the amount of water needed for Schaefer Ranch was not going to be the straw that breaks the camel’s back, .was not going to be the deciding figure as to whether Del Valle was used? Mr. Wong indicated that Schaefer Ranch has been approved by the Zone Board the service of 180 acre feet of water. It represents less than 3/10 of 1% of current water usage now. Mayor Houston opened the public hearing. Tom Ford, 7262 Tina Place, Dublin wanted to speak as a concerned citizen and not with any organization. He indicated that this was a request to move Zone 7 boundary so that Zone 7 can serve the residential area of Schaefer Ranch, which is now in Zone 2. The boundaries described in the Initiative include all of Schaefer Ranch including the part in Zone 2. He read from the Ordinance on the Moratorium establishing the urban limit line. He felt the General Plan Amendment Study was far from complete so the moratorium should have a long way to go until probably the general election date of November 2000. Here we are considering some change to the moratorium. The moratorium was an agreement between the initiative proponents and the City to essentially hold off any planning or changes to the area until after the election in November 2000. He has been told this request to Zone 7 is not a General Plan change and as such is exempt from the Moratorium. However, he felt it is contrary to the intent of the Moratorium. It is claimed to be exempt from CEQA. He protested that opinion and claimed it is not exempt from CEQA. Under CEQA, it should have an environmental review and have a report done before this action was completed. The proponents of the initiative are aware of this agenda item and preferred to remain silent at this time for further study. He stated he was not a proponent of the initiative although he did work with them nor did he write it. He felt free to speak out and to object to what he felt was a violation of the moratorium agreement on the part of the City. He asked the Council to table or withdraw this agenda item pending further review of the implications including the water supply issue. Water supply forecasts predict a shortage in the Valley, especially in the timeframe of Schaefer Ranch with 476 homes requiring water. Protect our water. Follow CEQA. There is currently an initiative CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 242 circulating called POW. It is also part of the overall effort to save Lake Del Valle. We can’t nibble away at our water supply in all directions and say it doesn’t matter. The overall gross shortage projected shows they have not found the water to meet our needs for approved development in the valley. It would be foolish to go ahead and in a few years find we are short of water, we are rationing, and we have high rates and all the other problems that go along with that. Mayor Houston closed the public hearing. Cm. Lockhart indicated that she had served as the Chair for the moratorium committee. She felt it was important to note that the authors of the Initiative for Urban Limit Line were not at this meeting. Schaefer Ranch was discussed and it was agreed that Schaefer Ranch would not be part of the moratorium. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading, INTRODUCED the Ordinance applying to the Board of Supervisors of the Alameda County Flood Control and Water Conservation District and the Board of Directors of Zone 7 of the Alameda County Flood Control and Water Conservation District for consent to annex territory within the City of Dublin to Zone 7 of the Alameda County Flood Control and Water Conservation District for Water Services and continued the public hearing until May 4, 1999. PUBLIC HEARING PA 98-035 TASSAJARA MEADOWS II DEVELOPMENT AGREEMENT 8:13 p.m.6.10(600-60) The Staff Report was presented by Eddie Peabody, Community Development Director. The Planning Commission held a public hearing on April 13, 1999 and recommended that the City Council adopt the Ordinance approving a Development Agreement. In addition to standard transportation requirements such as improving some roadways, widening some roads, the improvement of certain intersections in Dublin and Eastern Dublin, and the construction of the Tassajara Road/Santa Rita Road/I-580 Interchange, Tassajara Meadows II has been required to construct Gleason Drive from Tassajara Creek to Tassajara Road as a part of the Development Agreement. Mayor Houston opened the public hearing. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 243 No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance approving the Development Agreement between the City of Dublin, Alameda County Surplus Property Authority, and Mission Peak Homes, Inc. for the Tassajara Meadows II (County Site 1) Project (PA 98-035) PUBLIC HEARING PA 98-038 RITE AID/KINDERCARE SPECIFIC PLAN AMENDMENT; PD REZONE; CONDITIONAL USE PERMIT & SITE DEVELOPMENT REVIEW 8:15 p.m.6.11(450-30) The Staff Report was presented by Carol Cirelli, Senior Planner. On April 6, 1999, the City Council approved 1) a Specific Plan Amendment to allow a retail drug store as a permitted use within Area 3 of the San Ramon Road Specific Plan and to allow a drive-through pharmacy and a day care center with 15+ children as a Conditional Use within Area 3; 2) a PD District Rezone; and 3) a Conditional Use Permit to establish a 24-hour drive- through pharmacy and a day care center for 15 + children and to exempt parking requirements for the day care center, for the Rite Aid/KinderCare project. Two additional conditions were added to the approved Conditional Use Permit. The Applicant/Developer shall be responsible for purchasing and installing the agreed upon street signage along Amador Valley Boulevard and Donlan Way for purposes of discouraging traffic from entering the Kildara Community as a short-cut. The Rite-Aid Corporation and KinderCare Learning Centers shall each contribute a maximum of $5,000 which shall be paid into an escrow account to be used by the Kildara Homeowners Association for purposes of mitigating any traffic impacts the project may cause within the Kildara community. Any funds remaining in the escrow account 18 months after the last certificate of occupancy for either Rite Aid or KinderCare will be refunded to the applicants equally. The Conditional Use Permit was also amended to address the re-lease of the existing Rite Aid tenant space as follows: “Prior to issuance of building permits for PA 98-038 Rite Aid project, the Rite Aid Corporation shall provide the City Council with verification that the existing Rite Aid tenant space located at 7201 Regional Street has been re-leased (or resold) to a business whose use is consistent with the Downtown Specific Plan and that substantial improvements CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 244 will be made to the structure at 7201 Regional Street prior to the reuse of the existing Rite Aid tenant space.” Staff was also directed to return to the Council with the Applicants’ Site Development Review request with project site plans depicting alternative locations for the drive-through pharmacy window and recommendations for public street signage for deterring traffic away from Kildara community. The applicant developed two drive-through alternatives. The first alternative has the drive- through along Rite Aid’s northern building and the second alternative has the drive-through along Rite Aid’s eastern building. Public Works Staff reviewed both alternatives and concluded that both alternatives would work from an on-and off-site circulation standpoint. But the eastern alternative may pose some traffic problems and would eliminate one parking stall. Neither alternative would allow face-to-face contact with the pharmacist and the prescriptions would be delivered through a pneumatic tube. It is recommended that a total of four signs on Amador Valley Boulevard and Donlon Way be installed and modifying the direction of pavement arrows going southbound adjacent to KinderCare. Mayor Houston opened the public hearing. Mayor Houston stated the existing site improvements have not been addressed at all. Cm. Lockhart asked if in Alternative #1 can people communicate when they drop off their prescription? Ms. Cirelli responded that they could go to the pharmacist side and talk to someone. Cm. McCormick asked if there would be signage indicating that? Through Ms. Cirelli, the applicant responded yes. Ms. Cirelli indicated if the drive-through was moved 7 feet eastward in Alternate #2, the stacking problem would be removed. Cm. Zika asked if the parking lot off to the left was for KinderCare? Ms. Cirelli responded that it was a shared parking lot. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 245 Cm. Zika felt it was extremely dangerous to have the traffic routed through that area. Someone taking their child to KinderCare could park there and the child could run out into the traffic coming through that area and be killed. David Cambra, 11863 Flanagan, Dublin stated he had reviewed the latest Staff Report and the new Site Plans, considered the primary concerns of the homeowners, applied creative thinking and problem solving skills, and had identified a layout that he felt addresses these concerns. He felt the primary concerns were 1) noise from the adjacent 180 child day care center; 2) light from parking at the 24-hour convenience store; 3) safety at the location of the 24-hour Drive- through; and 4) traffic from a number of additional trips per day. He proposed swapping the location of Rite Aid and KinderCare buildings so that the play areas would be as far as possible from the homes. He also suggested locating the drive-through on the east side of the building and moving the driveways closer to San Ramon Road. He felt the benefits to the homeowners with this plan would be to limit noise from all the day care play areas, limit the lighting from the parking and drive-through, discourage traffic away from Kildara Homes, and could influence traffic toward San Ramon Road. He felt the benefits to the applicants with this plan would be to increase visibility from the street and the shopping center, provide better traffic flow in and out of all driveways, deter crime and increase pedestrian safety, and establish a positive relationship with neighboring homeowners. He concluded that he felt his proposed site addressed the primary concerns and the homeowners favored his site plan. He felt good neighbors look for solutions. He urged the Council to seriously consider this alternative. Nina Wixson, neighbor of David’s, urged the Council to think positively about his solution. If there would be low usage, she wondered why there needed to be two lanes? She felt the traffic flow could be argued on many levels. If the Council could not choose David’s alternative, she would like them to choose #3 for the Kildara Homeowners. Mayor Houston closed the public hearing. Kurt Smith appreciated the Homeowners’ efforts in trying to come up with some creative solutions. He explained how they had come up with the Site Plan we had. It wasn’t done in an arbitrary manner. They met with Staff four or five times. Several different concepts of where the building should be and where it should face was discussed. He wanted to emphasize that the whole Rite Aid Program is all about being on the corner of Main and Main at the stoplight with very convenient access and very good exposure to busy streets. He stated that the main office in Pennsylvania would not have an interest in the property if it had to locate it behind another building that was on the corner. Moving KinderCare out front is not an option for Rite Aid. He did not believe KinderCare or any type of childcare could afford the front of that property. Their economic deal probably had a land value of two or three times as high per square foot for the front of the property as compared to the back of the property. Childcare simply cannot afford the corner of Main & Main at the stoplight. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 246 Mayor Houston concurred that KinderCare would love to go into the front, but there is a reason why the high profile public business is going to be on the frontage of the main road. Mayor Houston asked Mr. Smith to address his concern about the old site and what the Council could expect done on the old site. Mr. Smith explained how at the last public meeting he was reluctant to make any comments about who they were working with specifically because it was not a done deal. But he felt if he wasn’t forthcoming about who they were working with, the project probably would not have been approved at that meeting. So he did state they were working with Marshall’s. As a result of that public announcement, a prior landowner who had been working with Marshall’s called Marshall’s and now they are competing very aggressively with them for Marshall’s. They do have a back-up tenant that is a retail tenant that would qualify for the uses designed for that shopping center. Frankly, they can’t go out there and negotiate seriously with anybody until they know they have gotten an approved deal because Rite Aid will not leave their present site until they get approval on the new location. He did not think Rite Aid was the best co-tenant for Mervyn’s. He felt the tenants in the Ross Shopping Center were there because Mervyn’s was across the street. Mayor Houston indicated having a tenant signed up with a lease really wasn’t that important to him. Tenants come and go. What he was really interested in is what was going to be done to that site to make it more appealing to a future tenant. But also if they had to stay there, how it could increase your business by having an improved property where you are now. He was not interested in swapping sites and leaving it to chance that out of the goodness of some corporation’s heart in Pennsylvania that they would improve Downtown Dublin, California. He did not trust that. Talking about the drive-through was low on his list. He will not leave a spot in his town for the next fifteen years that is going to suffer at the expense of putting something else right across the street. Having a tenant in hand would be nice and he regrets letting the cat out of the bag was not in their best interest. But what was going to have a long term benefit to the citizens of Dublin is to improve our sites. Unfortunately, out of area owners don’t always care, but the Council does care so he wanted to have assurances and plans as to what they can do with that old site whether they stay or leave. He wants the whole Downtown to get better and build off of what they have done. Mr. Smith indicated there was a condition made that before they could pull their building permits for the new building, they had to have an acceptable user and they had to spend a reasonable or significant amount of money improving the outside of the existing space. He felt that really states the intent and beyond that he didn’t know what else to do. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 247 Mr. Ambrose indicated that the Staff Report stated that Condition which was “Prior to issuance of building permits for the PA 98-038 Rite Aid project, the Rite Aid Corporation shall provide the City Council with verification that the existing Rite Aid tenant space located at 7201 Regional Street has been re-leased (or resold) to a business whose use is consistent with the Downtown Specific Plan (i.e., retail and service commercial uses) and that substantial improvements will be made to the structure at 7201 Regional Street prior to the reuse of the existing Rite Aid tenant space.” Mr. Smith felt that was very unusual and had a lot of power. Mayor Houston stated he saw it as the opposite. He saw very low power. If push comes to shove, they get everything down to the wire and what if the Council was not happy with what improvements have been made. He was really disappointed that there was nothing being presented today. He was not concerned about the inside of the building because your new tenant will negotiate whatever tenant improvements they are going to have. He wanted something done on the outside starting right away. Mr. Smith indicated he had given some thought to the outside and had stood in the parking lot for some time looking at the three buildings. There are three different styles there. The Albertson’s building has some curves to the roof which gives it an Oriental look, but the building materials are the same as Rite Aid. Mervyn’s is more boxy looking with lots of stucco. The Rite Aid building has very few windows and has a covered walkway which makes a very dark look. The building itself and the materials don’t look that old, but it doesn’t look good. He would like to remove the walkway cover and add a whole row of windows. He would like to lighten up the coloring of the building. He indicated he has met with the owner of the Rite Aid building to make sure he was in agreement so they would be working together. He suggested that he go back with Staff to the parking lot and find out if they agree that is the way to approach it. Mayor Houston liked hearing those thoughts, but he still didn’t see anything on paper. He appreciated that Mr. Smith has thought about improving the outside of the building, but he didn’t want to just let go without having some assurances. City Attorney Libby Silver suggested that since the Conditional Use Permit which was approved last meeting doesn’t become effective by its terms until the rezoning ordinance becomes effective, the Council could make modifications to the conditions of the Conditional Use Permit in the Staff Report. Council could also provide that the ordinance that rezones the property is not effective until the applicant submits a preliminary plan for making external improvements to the building which would be approved by the Council or by Staff whichever way the Council preferred. Once those preliminary plans have been submitted and approved, then the Ordinance would become effective. Once the Ordinance is effective, the Conditional Use Permit becomes effective and the language in the CUP would come into play which would CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 248 require the Rite Aid applicant to show to the satisfaction of the Council that substantial improvements have been made before building permits are issued. By using the general term “substantial improvements” will leave it up to the Council to determine what is substantial improvements and whether they meet their satisfaction. Mayor Houston clarified that this would allow the Council to make this ordinance effective at a later time and still proceed forward. Ms. Silver agreed that if the applicant and Staff could work together and within a month or six weeks come up with a preliminary proposal for making modifications to the external appearance of the building, then once the preliminary proposal had been reviewed by the Council, then the Ordinance would become effective. Once the Ordinance becomes effective will trigger the effectiveness of the CUP. Language in the CUP would still require the applicant to show to the Council’s satisfaction that substantial improvements would be made to the exterior of the building before it is reused or released. She recommended it be kept in general terms because there are so many unknowns. Mr. Smith stated that a good thing about a process like this is it sends a message to the people that they are negotiating with that this project can move forward so long as they can solve that issue. Cm. Lockhart didn’t want to put a block out there so big they can’t get a tenant. Mayor Houston agreed. Ms. Silver indicated that after that month or six weeks process, the applicant would sharpen his pencil and come up with some specific plans for improving the appearance of the building which the Council can review and once the Council is satisfied about the improvements, then the building permits for the new site would be issued assuming all other requirements are met for the building permit. Mr. Smith indicated that would help them make deals. Cm. Lockhart wanted to talk about KinderCare. She wanted to commend Mr. Cambra because she thought it was a really creative solution if reality hadn’t stepped in with dollars on who is building on what site. She felt she probably could have supported the proposal, but she does understand the reality of the cost of the land and the location. Of the alternatives, she understands Cm. Zika’s concern about the parking lot being used. But she felt if people have a desire to not follow the arrows, they are going to go through the parking lot and we can’t stop it. People can get out of their cars and go inside and talk to the pharmacist. She supported Alternative 3 and saw it as a compromise for everybody. It would help the situation for the residents in the area and keep the drive-through available for the customers. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 249 Cm. Howard indicated she was not sure she liked Alternative #3 with losing of parking spaces. She didn’t think the circulation of the cars would be as good. Cm. Lockhart asked how many parking spaces would be lost? Ms. Cirelli responded approximately one. Rite Aid’s main concern was that they like to provide parking up against the building for pedestrians to have easy access to their building and with Alternative #3, they would be losing the majority of their spaces along that building. Cm. Lockhart indicated at their current location, they don’t have parking up against their building and it doesn’t seem to be an issue. Cm. McCormick liked Alternative #3 but she was sorry to lose the face-to-face contact with the pharmacist. She felt that was important, but given what they have been presented with, #3 would probably serve best for the residents. Cm. Howard indicated if she wanted to speak with the pharmacist, she would go inside. Mayor Houston remembered from the last meeting the site of the drive-through wasn’t the problem. It was any noise associated which was the speaker box and/or doors opening for whatever reason. The idea of flipping the buildings would not work. Circulation off of San Ramon Road would not permit that. He liked #3, but he felt the drive-through causes a lot of circulation problems. It would be nice if it was a nice square lot, but it isn’t so it causes problems. The Council is trying to solve the problems and mitigate it for the neighbors. He felt having the drive-through in the back at 3 or 4 a.m. versus having it more up front safety wise is better for the patrons. Peter Tobin with Tate & Associates asked the Council to look at #3 on the slide. In his opinion and Rite-Aid’s opinion, it is not the one that works. He showed a total blind spot and have pedestrians walking through the area. It would absolutely force circulation through KinderCare. He showed on Alternative #1 that the cars could be forced to go a certain way and not go through KinderCare. Mayor Houston indicated the concern of the neighbors was not visual because Kindercare was going to block the Rite Aid building anyway. It is any noise. He felt there was an issue with safety having the drive-through in the back of the building. Mr. Tobin felt #2 would be preferred if #1 was not chosen. Alternative #3 had a blind spot and eliminated parking. Mayor Houston asked how far it was from the drive-through to the restaurant? CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 250 Mr. Tobin responded there was an existing easement of about 28 feet and close to 40 feet which is plenty of room. With that alternative, it would act as a drop off and a pick up versus having two lanes. Mayor Houston wasn’t sure the restaurant wanted to have a drive-through literally outside their front door. Mr. Cambra wanted to try to be creative and also solving some of the homeowners’ issues which he felt was still left open at this point. He could probably have the homeowners’ toss back in their $10,000 if that helped. Maybe side by side as opposed to front and back. He urged them to take a step back and think it over to really try to solve the issues. At the time these plans were laid out, he was sure they were the best, but they didn’t have the issues the homeowners brought to the table. He urged them to sit with the homeowners and try and come up with some creative ideas. Mr. Ambrose asked if an electronic reader board as opposed to loud speakers was a possibility to solve the noise concern. He asked if it might be feasible for the prescription type of business. When someone picks up their prescription, do they need to have that loud speaker? That is one of the neighbor’s concerns. Mr. Tate indicated the speaker itself was 4 feet off the ground and is not very big at all and the car will help block the noise. On a drop-off, there is a monitor so the pharmacist can see who you are to double check your ID. Visually, the pharmacist can see you, but you can’t see the pharmacist. Cm. Zika asked if all prescription pick-ups require some communication? He wasn’t sure if it was a company policy or State Law, but it seems like when you get a new prescription, the pharmacist or whoever is serving you wants to make sure you understand what the instructions are and what the limitations are. Mr. Tobin responded that in a lot of cases the pharmacist will recommend you come inside. This is for refills and convenience. Ms. Wixson said one word….noise. Mayor Houston indicated it would be used an average of 3 to 4 times an hour. It is not like a fast food where you have hundreds of cars an hour. He felt they were laboring over it way too much. To try to address some of the neighbors concerns, he voted for #3 and said deal with it. They will work on the provisions for the existing site. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 251 Ms. Silver added the following language to the Ordinance in Section 3. “This Ordinance shall become effective 30 days following its adoption or following the City Council’s approval of a proposed preliminary plan for improvements to the exterior of the structure at 7201 Regional Street, whichever occurs first.” On motion of Mayor Houston, seconded by Cm. Lockhart, and by majority vote (Cms. Howard & Zika voted NO), the Council waived the reading and ADOPTED ORDINANCE NO. 9 - 99 AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT (PD) REZONE/DEVELOPMENT PLAN FOR PA 98-038 RITE AID/KINDERCARE LOCATED AT 7348-7372 SAN RAMON ROAD (APNs 941-40-3-2; 941-40-2-3; 941-40-2-7; & 941-40-2-10) The Council chose Alternative 3 on Exhibit 3A and added the following language to the Ordinance in Section 3. “This Ordinance shall become effective 30 days following its adoption or following the City Council’s approval of a proposed preliminary plan for improvements to the exterior of the structure at 7201 Regional Street, whichever occurs later.” and RESOLUTION NO. 75 - 99 PA 98-038 RITE AID/KINDERCARE SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A +16,700 SQUARE FOOT RETAIL DRUG STORE AND A 9,824 SQUARE FOOT DAY CARE CENTER, AND TO VOLUNTARILY CONTRIBUTE TRAFFIC IMPROVEMENT FUNDS IN THE AMOUNT OF $129,880 LOCATED AT 7348-7372 SAN RAMON ROAD PUBLIC HEARING DUBLIN CEMETERY INTERMENT FEES 9:25 p.m.6.12(295-10) The Staff Report was presented by Diane Lowart, Director of Parks & Community Services. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 252 The current fees for full earth burial are $1275 and for burial of cremated remains are $110. The fees were established in 1994 and have never been increased. The cost for full earth burials are adequate, but the cost of cremation burials are exceeding the $110 fee. The labor costs combined with an increase in vault prices have resulted in a 60% increase in cremation burial costs. It is recommended that the cremation burial fee be increased to $180 which would cover the increased costs. The proposed fee increase was conceptually approved by both the Heritage Center Advisory Committee and the Parks & Community Services Commission. Notification of the proposed fee increase was sent to all plot holders at the Dublin Cemetery. Cm. McCormick left the dias. Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Zika, seconded by Cm. Howard, and by majority vote (Cm. Lockhart abstained & Cm. McCormick was absent), the Council adopted RESOLUTION NO. 76 - 99 ADOPTING INTERMENT FEES FOR THE DUBLIN CEMETERY RECESS At 9:29 p.m., Mayor Houston called for a short recess. The meeting reconvened at 9:33 p.m., with all Councilmembers present. CITY PURCHASING ORDINANCE IN REGARD TO PURCHASE PREFERENCE FOR LOCAL VENDORS 9:33 p.m.7.1(380-10) The Mayor deferred this item to the next Council meeting. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 253 MEMORIAL FOR OFFICER JOHN PAUL MONEGO 9:35 p.m.7.2(580-10) The Staff Report was presented by Police Chief Gary Thuman. On January 5, 1999, the City Council heard an oral presentation from Shaun Fontaine, a prospective Eagle Scout, who presented a proposal to the City for a memorial honoring Dublin Police Officer John Paul Monego who was killed in the line of duty on December 12, 1999. Shaun indicated funds for the project would be derived from donations so that there would be no cost to the City. An AdHoc Committee comprised of Councilmembers Howard and McCormick and City Staff was formed to work with Shaun on the design and location of the memorial. The memorial will be 2’4” x 1’4” x 10” sloping from top to bottom and composed of granite with a 2’ x 1’ bronze plaque. The bronze plaque will bear replicas of the Alameda County Sheriff’s badge and the City of Dublin logo. The memorial will be placed adjacent to the curb along Civic Plaza in front of the building and will allow visual access to all visitors entering the Civic Center complex. The project will commence on or about July 3, 1999 and be concluded about July 24, 1999 with an anticipated dedication in August. Mr. Ambrose indicated that Shaun Fontaine was in the audience. Mayor Houston complemented Shaun Fontaine on a very thorough report. Shaun Fontaine thanked the Council for considering the project and working with him on the project. Donations were still coming in. In four days time, the donations rose from $100 to $2,260. The stone may be donated. He has gotten his final Boy Scout approval for the project. Cm. McCormick congratulated Shaun. He was so organized at the meetings and it has been a pleasure working with him. She also commended Captain Thuman. Cm. Lockhart suggested that the dedication might be combined with the Concerts at the Civic. This would be a time to celebrate and remember John. Mayor Houston asked if Shaun had a date in mind. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 254 Mr. Fontaine responded that he was looking to get the project done and would leave the dedication up to the City. On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council received the report and directed going forward with building of the memorial. PUBLIC FINANCING PLAN FOR THE PROPOSED DUBLIN RANCH ASSESSMENT DISTRICT 9:45 p.m.8.1(360-10) The Staff Report was presented by Richard Ambrose, City Manager. City Staff has been working with property owners in the Eastern Dublin area to discuss ways to fund critical freeway interchanges, major streets, drainage, water, sewer, and reclaimed water improvements for the Eastern Dublin Specific Plan Area. In June 1998, the City Council authorized an evaluation of a proposed financing plan for a portion of the Dublin Ranch property owned by the Lin Family and approved retaining an independent Financial Advisor and Bond Counsel to provide the City with an independent evaluation of this proposal. No other property owners wanted to participate. A 1913/1915 Act Assessment District was determined to be the preferred financing tool so that assessments on property in the district would finance the improvements over a specified time. The City would be the lead agency in forming the district and administering the debt issuance. The City would enter into an agreement with DSRSD to make certain that the bond proceeds from the assessment district would meet DSRSD’s improvement needs. A specific list of major infrastructure public improvements for the area could be financed using a two phase assessment district on a 561 acre portion of Dublin Ranch between I-580/Fallon Road and south of the existing Dublin Ranch Phase I development. The proposed major public improvements would only finance 20-25% of the total infrastructure needed to completely develop the 561 acres, but developer financing would insure the remaining infrastructure would be built. The next steps to form the district would be 1) have the developer submit a petition to the City to form an assessment district; 2) prepare a formal resolution of intention to be adopted by the City Council to start the eventual creation of the assessment district; 3) retain a Financial Advisor, Bond Counsel, and Bond Underwriter to prepare specific documents to create and CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 255 implement the district; 4) secure DSRSD Board of Directors’ approval of participation in the proposed assessment district procedure with the City; and 5) proceed with preparation of the Engineer’s Report on the improvements, costs, and assessment spread. Mark Northcross, Project Finance Associates, Inc, gave a brief analysis and summary of recommendations for the public financing plan for the proposed Dublin Ranch Assessment District. He indicated that the front-end costs to develop the property are considerable. TIF fees are inadequate in both quantity and in timing to fund the required minimum infrastructure necessary to open the property to development. He felt an assessment district was the best financing vehicle available for this purpose. The assessment bonds will be paid off through development of the property. The issuance of bonds will be conditioned in part upon obtaining certain entitlements. The developer must have the financial strength to pay the assessments from their own reserves. The City will incur certain on-going administrative costs as a result of the formation of a district and issuance of bonds. In the event of a delinquency, the City must pursue judicial foreclosure through the civil court system. This can add considerable expense. The risks associated with this proposal are consequently typical to land-secured finance and are not in any way unusual by the standards of public agency issuers in California or the municipal bond industry. A total of $56 million in improvement and land acquisition costs are proposed to be funded by the assessment district. Cm. Zika liked the report and felt it was extremely complete. But he wanted to discuss the conditions that must be satisfied on page 23 of the Report. Section 5.8 Conditions for Phase 2 Bond Issuance. indicates that the satisfaction of items #4 and #5 in Section 5.7 must be met. But Item #6 in Section 5.7 is not a part of Conditions for Phase 2 Bond Issuance. That is “determination to the satisfaction of the City that DSRSD can provide an adequate number of sewer connections to support development of the assessment district.” He wanted that condition added to Section 5.8. Mr. Ambrose indicated the City will act as the lead agency and will have a development agreement with DSRSD. Marty Interbitzen, representing the Lin Family, complemented Mark on his presentation and Rich Ambrose on his leadership. Rich was able to focus the group and he wanted to publicly thank him. He noticed that securing the services of an appraiser was not in the report. Mr. Ambrose indicated it was not part of the agenda. Mr. Thompson stated they have gotten a few names but had not picked anyone. Cm. Zika asked about placing it on the agenda that evening. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 256 Mr. Ambrose responded that Staff would feel more comfortable if they were able to bring back a resolution of intent along with the selection of an appraiser. Staff had felt the first step was to obtain a bond counsel. Mr. Interbitzen indicated it would be fine with him as long as it was brought back at the next meeting. On motion of Cm. Zika, seconded by Cm. Howard, and by unanimous vote, the Council accepted the Public Financing Plan Report and authorized Staff to begin the preparation of documents to create an assessment district for the south Dublin portions of the Dublin Ranch Property with the condition that Dublin San Ramon Services District will be able to provide adequate sewer connections to support development of the assessment district as a Condition for Phase 2 Bond Issuance, and to secure the services of a Financial Advisor and Underwriter to assist the City in the district formation. BOND COUNSEL LEGAL SERVICES FOR THE PROPOSED DUBLIN RANCH ASSESSMENT DISTRICT 10:18 p.m.8.2(600-30) The Staff Report was presented by Richard Ambrose, City Manager. In June of 1998, the City secured the legal services of Orrick, Herrington, and Sutcliffe to assist the City in the evaluation of the Jennifer Lin proposal to form an assessment district. Those services were limited to the feasibility analysis. The City must secure the bond counsel legal services to form the proposed Dublin Ranch Assessment District. Orrick, Herrington and Sutcliffe (OHS) are well qualified to provide bond counsel services to the City and the proposed fee for the services is reasonable. On motion of Cm. Zika, seconded by Cm. Howard, and by unanimous vote, the Council approved the agreement for Bond Council Services with Orrick, Herrington, and Sutcliffe, LLP, for legal services for the proposed Dublin Ranch Assessment District and authorized the Mayor to execute the agreement. 1999 DUBLIN PASTA FESTIVAL 10:19 p.m.8.3(950-40) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 257 The Staff Report was presented by Diane Lowart, Director of Parks & Community Services. At the April 8, 1998 Dublin City Council meeting, the Council gave conceptual approval for GoodTimes Promotion (GTP) to hold a Pasta & Jazz Festival in the City of Dublin in September, 1998. All direct costs associated with that festival were to be borne by GTP with no net cost being incurred by the City. The Dublin Pasta & Jazz Festival was held on September 12 & 13, 1998 with an estimated attendance of 40,000. Although there was no net cost to the City for the 1998 Festival, there was significant Staff time spent by the Economic Development Director to procure the necessary permits and coordinate the event with affected merchants and other City Departments. GTP has presented the City with a proposal for the 1999 Dublin Pasta Festival which would be run much like the St. Patrick’s Day Celebration. The City would sponsor the event and assume financial responsibility for the event. GTP would produce the festival for a proposed management fee of $35,000 plus a 30% commission on all beverage sales. The contract would be for a three-year period, negotiated annually. A revised budget was handed out to the Council. Based on the contract terms proposed by GTP, the net cost to the City is estimated to be $7,140. The net cost to the City could be reduced substantially if the contract terms were similar to the contract terms that the City has with the St. Patrick’s Day Celebration promoter. The Promoter would be paid a management fee of $30,000 plus 40% of any net profit generated by the event. This would result in an estimated net profit to the City of $2,249. Staff asked the Council about the following issues: 1) Should the responsibility for notifying affected property owners be borne by GTP? 2) Should the terms of the agreement be similar to the St. Patrick’s Day agreement with the management fee being $30,000 plus 40% of any net profit generated by the event? 3) Should Staff time be monitored closely to determine if the Pasta Festival is impacting Department operations? It is not possible under the current Staffing to have Staff contact the businesses so a merchant mailing would be done to affected property owners instead with GTP being responsible for following-up with affected property owners. Funds are not available in the Fiscal Year 1998-99 Budget so a budget change form would need to be prepared along with the agreement. Mr. Ambrose stated in terms of a second major festival, Staff could not put together another event in September if this one is not approved. Cm. Lockhart asked if the name was copyrighted? She was concerned over the proposed term over ownership of Festival name. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 258 Ms. Lowart responded if GoodTimes Promotion had a guaranteed contract for three years, the name would become the City’s. Cm. Lockhart asked about the contract for the St. Patrick’s Day Festival. Ms. Lowart explained under the terms of the St. Patrick’s Day contract, the promoter is paid a management fee of $30,000 plus 40% of any net profit generated by the event. The agreement is reviewed each year and may be renewed for up to a total of five years provided that the services performed are satisfactory. Cm. Lockhart felt that was reasonable. Mayor Houston indicated his idea was to have it work the same as St. Patrick’s Day but using Option 2 so the City could break even or better. He felt the three year period was reasonable. The City can’t do it without them this year. Mr. Reuel did a lot of work in the first year in contacting the businesses. Cm. Lockhart was not sure the name was worth this. She did not feel it was good for the City with them taking profits from beverages. Cm. McCormick stated she was not interested in buying a name and being tied to a three year contract. Mr. Ambrose responded that if the City doesn’t have an operator, it could not pull together an event at this point in time. Mayor Houston felt it was a good deal, otherwise the City has no festival. It was highly successful last year. Work has already been done. They may go somewhere else. The only risk is if we feel they can’t put on a festival for three years. It was successful last year. Cm. Lockhart indicated there were issues last year. The City was almost sued. She wanted to give them the same opportunity the City has given Pimsleur. She was having a tough time with spending $90,000 for a name. Mayor Houston felt the festival was not a revenue generator, but a way to promote the City of Dublin. Cm. Lockhart indicated some car dealers were not happy with the location. She did not feel it was fair to impact the same area in town with two festivals. She did not have anything against the Pasta-Jazz Festival, but it is a major commitment. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 259 Mayor Houston didn’t think Regional Street could handle 40,000 and it was not fair to impact Regional Street twice for two weekends. Ms. Lowart stated timing was important. Vendors need to know by next month at the very latest. Emerald Glen Park might be an alternate location in the future. Cm. Lockhart felt the construction was another issue. Ms. Lowart indicated construction was not an issue for the St. Patrick’s Day event. Mayor Houston stated he would be disappointed if the festivals left Downtown. The Council was trying to attract people to Downtown, but that was a future issue. Cm. Zika indicated he was fine with a contract similar to what the City has given the St. Patrick’s Day promoter. Mayor Houston asked Mr. Mays if he would like to speak. Don Mays, Events Director for Good Times Promotion indicated he had not anticipated some of the feedback in regard to the Pasta Festival. They thought Dublin wanted the Pasta Festival. It was successful last year. There were some problems associated with last year’s events as happens with all first year events. They were taking actions to resolve some of those problems. They are decreasing the number of vendors to up the quality of the vendors and to avoid duplications to keep everybody happy so they will come back in future years. They wanted to have a three year contract. They wanted to keep the Festival in Dublin if possible, but GoodTimes Promotions does own the Pasta Festival. They were willing to turn the name and inventory over to the City of Dublin for a three year contract. We are willing to be open minded to discuss a contract with the Recreation Department. Cm. Zika asked about what inventory? Mr. Mays responded signage. He felt their fee of $35,000 was very difficult to compare to the St. Patrick’s Day Festival. First, there is a substantially larger sponsorship amount that they have to go out after. Second, when soliciting a restaurant, it is difficult because their chefs do not want to participate in a festival. It is very time consuming to get them to buy into the event. Last year they charged $750 for a restaurant. This year they have dropped it down to $375 for a restaurant. This year they will be incorporating Pasta Patios where each patio will have four Pasta Restaurants serving pasta dishes only. They are decreasing the cost of beverages from last year anticipating selling more beverages for a lesser amount of money. They have already been committed verbally to over $6,500 for sponsorships. He felt his company produced a first rate community-oriented event. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 260 Cm. Lockhart asked how many restaurants were there last year? Mr. Mays responded eleven. Mayor Houston made a motion to use option 2 (which was paying GoodTimes Promotions a $30,000 management fee plus 40% of any profit generated by the event above costs) in a 3 year non-competitive agreement with the name and ownership of the Pasta Festival going to the City of Dublin after 3 years. Cm. Zika asked what would happen if for some reason it didn’t work. Is there any escape clause in this thing? Cm. McCormick responded we would have a bad festival. If nobody shows up, if the vendors are bad, if the food is bad, we have no out. She supported option 2 without the 3 year contract, but with an option to renew after an evaluation like the City has with the St. Patrick’s Day Festival. Mayor Houston asked how many years had the Pasta Festival been going on? Mr. Mays responded since 1994. Mayor Houston felt last year’s festival was successful except for the 105 degree heat. It has been a success in the other city to the south. He did not understand why some Councilmembers have this apprehension that it won’t come off. There is always room for improvement in all the festivals the City might have. Cm. Howard seconded the motion. Cm. Zika indicated the other side of that coin was if it has been around for so many years and has been successful, then there shouldn’t be any problem giving them the same kind of contract that the City gave to Pimsleur for the St. Patrick’s Day Festival. Cm. Lockhart felt it really was not doubting them as much as trying to make it uniform with what we are doing with our other Festival. Mayor Houston indicated he looked at it in a whole different way. He wanted to keep the Pasta Festival. If they still own the Pasta Festival, they have the option of going anywhere else they choose. We have an opportunity to lock it in for our City forever. Cm. McCormick asked if we do not do a contract but an option to renew and they renew them for three years, it’s ours. How about that. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 261 Cm. Howard said isn’t that the same thing? Mayor Houston stated it was not the same thing and they don’t have to agree to it. Mayor Houston indicated he had made a motion which had been seconded, and they had discussed it so he called for the question. Mayor Houston made a motion to use option 2 (which was paying GoodTimes Promotions a $30,000 management fee plus 40% of any profit generated by the event above costs) in a 3 year non-competitive agreement with the name and ownership of the Pasta Festival going to the City of Dublin after 3 years. Mayor Houston and Howard voted yes. Cm. McCormick and Cm. Lockhart voted no. Zika abstained. On motion of Cm. Lockhart, seconded by Cm. McCormick, and by majority vote (Mayor Houston & Howard voted NO), the Council directed Staff to negotiate an agreement with GoodTimes Promotions, Inc. for a $30,000 management fee plus 40% of any profit generated by the event above costs with a 5 year renewal clause and the City would own the festival name if it contracts for 3 years in a row with GoodTimes Promotions, and prepare a budget change form to be brought back for City Council consideration at a future meeting. OTHER BUSINESS Exhibit Announcement (900-50) Cm. McCormick announced that an exhibit that was in the Civic Center Lobby is now being displayed at the San Jose Museum. Library Week (940-50) Cm. McCormick handed out bookmarks to the Council in celebration of Library Week. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 262 Gift from the Irish (140-50) Cm. McCormick indicated the Bray Sister City Delegation had left a gift for the City that she would like displayed in the case in the Lobby. Clean-up the Creek (550-50) Cm. McCormick invited everyone to participate in helping clean-up the creek. Please meet on April 24, 1999 at 9:00 a.m. at the Dublin High School Gymnasium. There will be treats, gifts, and prizes for those who participate. Delegation from Taiwan (140-50) Mayor Houston acknowledged the visit of a delegation from Taiwan to the City of Dublin and to our valley. They toured the City of Dublin, had lunch in Pleasanton, and went to Wente Winery. Amador Valley Boulevard Complaint (440-40) Mayor Houston asked Staff to look into trailers on lawns and cars along Amador Valley Boulevard. Improvements to San Ramon Rd/Foothill Rd. (820-20) Mayor Houston asked if the letter had been sent to Pleasanton on the improvements to San Ramon Road/Foothill Road? Mr. Thompson, Public Works Director, responded it had been sent last week. ADJOURNMENT CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 20, 1999 PAGE 263 ( Amador Valley Boulevard Complaint (440~40) Mayor Houston asked Staff to look into trailers on lawns and cars along Amador Valley Boulevard. Improvements to San Ramon Rd/Foothill Rd. (8£0~20) Mayor Houston asked if the letter had been sent to Pleasanton on the improvements to San Ramon Road/Foothill Road? Mr. ,Thompson, Public Works Director, responded it had been sent last week. AD~OUI~NMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:00 p.m. Minutes prepared by Sandie Hart, Secretary. Mayor CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING Apdl 20, 1999 PAGE 258