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HomeMy WebLinkAbout10-21-2003 Adopted CC MinutesR~6ULAR ME~TIS~6 ~ OCTOBER ~ 1 ~ ~00~ A regular meeting of the Dublin City Council was held on Tuesday, October 21, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:22 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Sbranti and Mayor Lockhart. Councilmember Zika. PLEDGE OF ALLEGIANCE Mayor Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. PROCLAMATION 7:23 p.m. 3.1 (610~50) Mayor Lockhart read a proclamation declaring the month of October, 2003, Domestic Violence Awareness Month and urged all citizens to become aware of the tragedy of domestic violence, to support those who are working toward its end, and to participate in community efforts. PROCLAMATION 7:26 p.m. 3.2 (610~50) Mayor Lockhart read a proclamation declaring the week of October 23~3 I, 2003, Red Ribbon Week and encouraged all citizens to participate in tobacco, alcohol and other drug prevention programs and activities, making a visible statement and commitment to healthy, drug~free communities in which to raise a generation of drug~free youth. She C~TY COUNCIL MINuTEs VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 627 further encouraged all community members to pledge: AND NO ILLEGAL USE OF LEGAL DRUGS. Lt. Tom McCarthy accepted the proclamation. NO USE OF ILLEGAL DRUGS, 7:28 P.m. John T. Collins, Sr., Allegheny Drive, stated the major subject he wished to speak about is the excess size vehicle ordinance that was recently passed. Supposedly the subject of the whole law was safety and the committee did not even bother to look at the fact that roads are actually safer with them parked on the street. He requested the City Council to please repeal this bad Ordinance. Mr. Collins commented on the Lewis Street changes and asked what was supposed to be improved. Mayor Lockhart explained that this is the first Phase toward making Village Parkway more pedestrian friendly. There will be a widening project. Mr. Collins suggested they observe what this improvement is doing. Look at the black curbs as this might be an education. You have made this street more hazardous to cars and people. Mr. Collins indicated he had comments related to Hooters. Mayor Lockhart advised that this is an agendized topic on the consent calendar, Item 4.8. She stated his comments could be made when that item is discussed. CONSENT CALENDAR 7:32 p.m. Items 4.1 through 4.I 1 Charles Pillers requested that Item 4.8 be discussed. Mayor Lockhart pulled Item 4.4. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 628 On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of October 7, 2003; Adopted (4.2 and 700~30) RESOLUTION NO. 202- 03 AMENDING THE CLASSIFICATION PLAN (RECREATION DRIVER) RESOLUTION NO. 203- 03 AMENDING THE SALARY PLAN (RECREATION DRIVER) Received (4.3 350-50) Preliminary Financial Reports for the Month of September, 2005; Adopted (4.5 600-35) RESOLUTION NO. 204- 03 AWARDING CONTRACT 03-16 STREET LIGHT POLE REPLACEMENT, PHASE 2 TO BROWN & FESLER ($50,312) Adopted (4.6 600-30) RESOLUTION NO. 205- 03 APPROVING AMENDMENT TO AGREEMENT FOR ASSESSMENT DISTRICT (83-2 & 86-1) LANDSCAPING MAINTENANCE SERVICES WITH TRUGREEN LANDCARE CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 629 Adopted (4.7 600-35) RESOLUTION NO. 206- 03 ACCEPTING IMPROVEMENTS TO KOLB PARK CONTRACT 03-10 (G AND G BUILDERS, INCORPORATED) Received (4.9 320-30) a Report related to the City's Annual Investment Policy; Approved (4.i0 150-35) the 2004 State of the City Video and a Budget Change $3,800) from the Contingent Reserve; Approved (4.11 300-40) the Warrant Register in the amount of $3,377,358.59. Mayor Lockhart stated she pulled Item 4. 4 in order to ask questions related to the Local Agency Investment Fund (LAID. There have been recent cYscussions about the value of keeping our funds in me LAlFpool and questlbned if there is any new informal'on different from last year's report. The concern is there might be an opportuni& for the State to raid that account. Finance Manager Fred Marsh discussed the potenE~l that the State could use this and advised that there has been rulings that say LAIFis a trust fund for the rides. The State is just acting as an investment advisor for cities. It offers a very attractive investment vehicle. We can take advantage of the liquich'p and it guarantees us what we invest in L4I£ We cannot lose money in LAIE StaI2rhas started to look into other opobns such as Callrust. We are concerned about this too as we have a s~ificant amount of money in On motion of Mayor Lockhart, seconded by Cm. Sbranti, and by unanimous vote (Cm. Zika absent), the Council received (4.4 320~30) the City Treasurer's Investment Report for the I~t Quarter of Fiscal Year 2003-04, showing the City's investment portfolio at $94,100,775 (market value), with funds invested at an average yield of 2.4 72%. Mr. Charles l~llers asked that Item 4.8 Urgency OrcEnance be pulled from the agenda. He stated he got his first inkling about this from a Tri~ Valley Yerald newspaper aM'cie on October 1~h. He did research on the City's website. Your website is excellent. It told him about everything except what he want. ed to. ~. o~ .This ~.as don~ without any VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 630 notice and w~thout any headn$. It can be undone the same way. He read a lc#er which was submilted earh'er today: "We are the owners of the property on the Southeast Corner of Dublin Blvd. and San Ramon Road. The property currently is leased to operators of a "Coco's" restaurant. We strongly protest the inclusion of our property within this Urgency Ordinance area. We have never been notified of any proposed action by any agency of any placement of restrictions on the merchantability and uses on the parcel except as they relate to ordinary zoning uses. The lease with the operator of Coco's has another 19 years to run before we can be assured of possession of the property and able to change uses. If you allow this Urgency Ordinance to be placed you will cause irreparable harm and slander to our title making it severely handicapped in use and prevent its needed upgrade and modernization to return it o a profitable continued restaurant use. The very first inkling we had of any City action was by a front page article in the Th-Valley Herald (10-18-03), indicating that the emergency action was taken to block a change of operation by the lessee's from a Coco's to a Hooters restaurant. It seems that the overriding, ad primary impetus, for this action was not historical preservation but blocking a very wrongly perceived operation that would be "...decaying of the moral fabric of the community..." (Th-Valley Herald 10-18-2003). Your action, if implemented, could create a slander upon the title to the property, a libel and defamation upon the owners and operators and disparagement of property, disparagement of business, commercial disparagement and trade libel, just to name a few of the available causes of action. Based upon the information we have been able to glean from comments made, your action has placed this property and its operation in a false light before the public. We have been good commercial citizens of Dublin since before February of 1979 and have anticipated a long continuing relationship with the City and its people. This could change ff this back door and indefensible route is attempted and succeeds in delaying or killing the operation and improvement of this site. I think that it is important to emphasize that any new operator will be operating a restaurant which is the same use that is currently being made of the property. In other words, there is no change in use and obviously no basis for preventing the issuance of a tenant improvement permit that involves changes to the interior of the restaurant. I am not an attorney, but we have been a property owners and operators for over 50 years and have learned that sometimes we must take drastic acti0~, tO protect our rights and the rights of our tenants. Based upon my elementary investigation you can, in all probably, be shown to have acted contrary to law if you pass this serious action against us. All of the primary owners are into their late 70's and have invested in this property from the beginning as a significant part of their retirement funds. They have relied upon honesty and a good investment in this property and good faith by the City. If you arbitrarily remove this security by your apparent capricious action, you are causing great harm because we are too old to start over. You passed this action by an Urgency Ordinance without any notice or hearing and you can just as easily rescind that action - un. der ..the same Urgency Ordinance procedure without any notice or hearing. Please, CITY COUNCIL MINUTES VOLUS{E 22 REGULAR MEETING October 21~ 2003 PAGE 631 we beg of you, remove the apparent deliberate and unfounded defamation of our title. Sincerely, (signed) Charles Fillers Managing Partner" Mayor Ix~c~a~ reminded that the c~'& Council is not responsible for headlines or newspaper a~gicles. The City coUncil has worked on an historical cb'strict since early 3001. The repor~ will discuss what the Ci& hopes to prese~e in the way of historical items for our communi&. Mr. FHlers stated Mr. Byde has $iven him a real $ood rundown of what has happened The ordinance is expandin$ this to include his property. Mayor fockhart replied it was expanded to include a number of properties. This morato~um is a temporary thing to cb'scuss the formation cfa he. rase cb's~n'ct. Everybody is in the same position. This is a 4g-day action and Staff will come back with a repo~. They will then look at the issue of whether it is extended at that time. Mr. Fillers stated they will be happy to help in any way they can. On motion of Vm. Mccormick, seconded by Cm. Sbranti, and by unanimous vote (Cm. Zika absent), the Council waived the reading (4.8 910~40) and on an urgency basis, adopted ORDINANCE NO. 12- 03 URGENCY ORDINANCE MAKING FINDINGS AND ESTABLISHING A MORATORIUM ON THE APPROVAL OF PERMITS FOR DEVEh0PMEN? IN THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA PENDING THE COMPLETION OF A SPECIFIC PLAN AL ,A1V!EDA COUNTY LIBRARY HOMEWO ,RK, CENTER AT DUBLIN HBRARY 7:46 p.m. 5.1 (940-50) larks & Community Services Director Diane Lowart presented the Staff Report. The new Homework Center at the Dublin Library is scheduled to open in November. The Alameda County Library Foundation is funding the program. This assistance will be provided by students from the Dublin High School Leadership class as well as by others who are interested. Help will be available from 3:30 to 5:30 p.m., Monday through Thursday during the school year. CITY coUNcIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 632 Dublin Library Branch Manager Pat Zahn stated the Library is truly wonderful and a joy to work in. They feel they can open a homework center in the glassed in area for grades $~8 administered by a site coordinator. She stated Cm, Sbranti has assisted them greatly. They will be publicizing this in the newspaper and at schools. Mayor Lockhart asked if they have checked out Las Positas? Ms. Zahn advised that they sent flyers to their career center. Mayor Lockhart asked about the opportunity to have paid regular tutoring program in a professional setting. She questioned if a program like this could open the door for this type of activity? Ms. Zahn stated it depends on who would pay for it. Funding would be a big issue. They have a woman who has tutored for years and she does charge. Cm. Sbranti stated he sees tremendous potential for this. This will be a safe place with competent help. This will be a concerted effort among several groups. Ms. Lowart stated Staff will monitor the program and report back to the City COUncil in the future regarding the Success of the program and whether the program is meeting the needs of the community. The City Council thanked Staff for the informational report. PUBLIC HEARING REPEAL OF ORDINANCE NO. Z 1 ~85 LOADING ZONE ON DUBLIN COURT 7:54 p.m. 6.1 (570-20) Mayor Lockhart opened the public hearing. Public Works Director Lee Thompson presented the Staff Report. This item calls for repealing a 60~ loading zone on Dublin Court to allow for more parking spaces on this street where parking demand is heavy due to the adjacent auto dealership. The loading zone is no longer in use by businesses in the Dublin Station Shopping Center. CITY CO~CiL " "' ~' "~: ' M~TES VOLUME 22 REGULAR MEETING October 212 2003 PAGE 633 No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Vm. McCormick, and by unanimous vote (Cm. Zika absent), the Council waived the reading and INTRODUCED the Ordinance. PUBLIC HEARING - PA 0Z~0Z0 & PA 09.-021 TOLL BROTHERS - DUBIJN RANCH AREAS A~Z & A~$ DEVELOPMENT AGREEMENTS 7:56 p.m. 6.2 (600~60) Mayor Lockhart opened the public hearing. Consultant Mike Porto presented the Staff Report. This is the second reading of an Ordinance approving Development Agreements (DA) between the City of Dublin and Toll CA II, LP. The DA's are required by the Eastern Dublin Specific Plan. These Agreements will vest the project approvals recently granted by the City Council. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. McCormick, and by unanimous vote (Cm. Zika absent), the Council waived the reading and adopted ORDINANCE NO. 13- 03 APPROVING THE DEVELOPMENT AGREEMEN!S ~FOR PA 02-020 & PA 02-021 TOLL BROTHERS (TOLL CA il, L.P.) FOR NEIGHBORHOODS A-2 AND A-3OF DUBLIN ~NCH AREAA CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 634 PUBLIC HEARING ~ PINN BRO~RS ~ PLANNED DEVELOPMENT (PD) ~Z0~NG ~ STAGE 2 DE~LOPME~ i 7:57 p.m. 6.5 (450~$0) Mayor Lockhart opened the public hearing. Senior Planner Janet Harbin presented the Staff Report. This request is for a PD Rezoning and Stage 2 Development Plan to develop 254 multi- family and single-family homes on approximately 93.4 acres of annexed properties located southeast and northeast of the intersection of Tassajara Road and the future extension of Fallon Road. The 93.4 acres to be developed include the Silveria and Haight properties, now known as the Silveria Ranch. Approximately 57 acres of the site would be open space, a portion of which would be permanent under an easement or other type of agreement. Tentative Map 7441. This was annexed to the City in May of this year. These will be the first for sale medium density units in the City. This backs up to the Nielsen property and he would like to preserve it as rural agricultural. The roadway area used as access from Tassajara Road would be improved and made much safer than currently exists. Two Tiger Salamanders were found 172' from the Silveria property. The EIR discusses the fact that this species needs to have studies done. There must be a 100' buffer zone between development and known area with this species. Mark Rutherford with the Dahlin Group showed what the streetscapes will look like. Vm. McCormick asked how many of the estate homes will have garages in the back. Mr. Rutherford stated about a third. They have 3 plans and plan 1 is the garage near the back. Mayor Lockhart asked with regard to the 49 acres of open space if there will be any public access. Ms. Harbin stated no it will be private access with a trail around it. It wil! be owned by the homeowners association. Cm. Sbranti questioned if the trails are all private. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING OctOber 21~ 2003 PAGE 635 Ms. Harbin stated yes, and access will be limited due to the endangered species. The trails come off of different locations with~.the development. Mr. Rutherford stated it is land within the homeomers area, ~ey are liable for anyone coming into that property. Vm. McCormick clarified that they provide security and maintenance of the trail. Mr. Rutherford stated yes, to be installed by the developer and maintained by the HOA. He stated the trails are primarily decomposed granite walking trails. Cm. Sbranti stated he felt they need to look at this regarding alternatives. Ms. Harbin showed slides of the open space area proposed to be put under some kind of agreement to preserve it. The other area would not be under such an instrument and it has a trail that goes behind some of the residences. Dale Garrin, Pinn Brothers Homes reviewed some of the history. They have a requirement for emergency access and they thought this was a good ancillary use to use it as a trail. They will most likely include bollards and their genesis lies with meeting the fire and emergency access. They will promote landscaping and allow homeowners under the care of a homeowner association m It is not an area designed to be used by the general public because of the California Tiger Salamander. Cm. Oravetz clarified he would not be able to ride his bike up there on the trail. Mr. Garrin stated no, he would not. Vm. McCormick asked where the nearest retail or food facility and school would be. Ms. Harbin stated a private school would be below this development, past Mr. Nielsen's development. With improvements, sidewalks would be put in. There will be bus service and the developer will put in a bus stop. Cm. Sbranti stated there is neighborhood commercial shown on the General Plan (GP). Ms. Harbin stated the owner may come in for a GP change. The Wallis property will be requesting some GP changes. TY COUN ~iN~gg VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 636 Jeri Ram pointed out the difficulty is some of the designations are in creeks as is the neighborhood commercial in this area. Cm. Sbranti asked if Wallis has to change their proposal, are they looking at any neighborhood or commercial uses? Mayor Lockhart asked how far from the nearest elementary school these houses will be? Mr. Ambrose stated initially, the Fallon K~8 will be the first school. The distance is approximately 2 miles. The school district has identified school sites. Cm. Sbranti advised that Fallon will go on~line in a couple of years.~ Mr. Ambrose advised that there is currently an elementary school shown on the Wallis property in the current GP, but whether the applicant requests a change, this is something the City Council and School District will have to address, Signalized intersections are at Street A, which crosses and connects to the Wallis property. Ms. Harbin stated if Mission Peak property develops, we could have more improvements and additional signalized intersections. Mayor Lockhart asked how the affordable housing affects our plans. Are these funds we are looking for? Have we programmed in any of these funds? Mr. Peabody stated when the Ordinance was adopted, it was the City Council's desire that when you take out your first permit, that is when you pay your fee. These funds could be used with whatever other funds we have in our affordable housing program. This is the way we have been collecting fees. Gregg Pinn stated they were just inquiring if it is possible to phase out the payment of the in-lieu fees. They are fine with paying them all up front. This is not an issue. He gave background information about Pi~ Bros, ~ey are based in San Jose. They have been chomping at the bit to build here in Dublin. They look forward to working with the neighbors and the City. They have one issue with neighbor Mr. Nielsen. In his experience, this is not a major issue, but it just hasn't happened to make the two parties agree. They will continue to do whatever they can and are committed to working with him and with Staff. John Doyle stated he was here to request essentially some time to consider, the impacts of this one particular issue, primarily access, on, this prpject. His client is Robert Nielsen. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 637 They pOinted out that Mr. Nielsen doesn't have problems with the development, per se. He has a good solid agricultural operation that he runs on the neighboring site. With respect to the widening of Tassajara Road, there is an access issue created. The tract map shown, they had not previously seen. He is using a commercial operation with 18 wheel trucks that haul livestock and some wide loads with equipment. Mr. Nielsen asked that the access issue be addressed Several times in the Past, He indicated he was not satisfied with what was proposed. The schematic shown this evening, they will need to look at to determine the impact. They want the opportunity to analyze this and work with developer to provide a workable solution. They~have tried to provide some alternatives, which they feel will work and will be mutually beneficial such as moving the bio-swale further down onto Mr. Nielsen's property. The landscaping median location is unclear. This could provide some problems for trucks entering. One possibility would be a turn knuckle at the elbow of the street. Other significant issues involve the bio swale, intended to fiRer out impurities in the storm sewer system. A domestic water well is 33' into his property and this obviously has impacts with purity of the ground water. Livestock ponds were discussed. Robert Nielsen, Jr. stated he felt getting trucks in and out of there is of ma~ concern and how it impacts traffic. Young kids love trucks with trailers on theme. Grade ~hanges for trucks will be a problem. They have some seasonal operations going on there. Agricultural operations include moving equipment in and out, horses and trailers, etc. Their uses will intensify. A considerable amount of their business comes from the north. He was concerned with the bio~swale and landscaping and access and ability for customers to actually find the site. He is not against the Pinn Brothers project, but they need some answers. He understood that the negative impacts to his property would be addressed and as yet, they haven't. Mayor Lockhart clarified the main points and stated Staff has been working on this. We are looking for sound answers and information. Access is important. Mr. Nielsen stated they have been working to nail down some alternatives and felt developer would be willing to work with them. Access is critical issue and bio-swale as it is a public health issue and water safety issue. Well set back also. Turn around is issue. Grade needs to be addressed with city engineer and their eng'meer. Grading of street will have to be raised. Mayor Lockhart stated she and the City Manager met with them yesterday and they've been working on these issues. Vm. McCormick asked, how deep the well is- CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 638 Mr. Nielsen stated he was guessing somewhere around ! 00' but couldn't honestly answer this question. Dan Schaefer talked about the street slope of about 5%. The grade difference was discussed. Existing driveway varies between 8 and 14% going up the slope. Trucks could bottom out the way it is designed. Mayor Lockhart closed the public hearing. 9:18 p.m. City Engineer Melissa Morton stated Staff has tried to address the concerns by Mr. Nielsen and how they propose the concerns would be alleviated. 'Vertical curves diagrams were shown. Temporary access easements could be granted to facilitate the turn movements. Water quality issues were discussed. The well is 22 5' deep. The bio~ swale will not hold water for any extended period of time, but rather acts as a filter. We could put in some kind of a liner system to insure no ground water interface. Cm. Sbranti asked for a detailed explanation of how the liner system would work. Ms. Morton explained this process. This is an added protection. Habitat issues were addressed. Bio~swale will be planted with red~fescue and ornamental plants and will not provide suitable habitat. Mr. Ambrose requested that the landscape median be addressed. Ms. Morton discussed the median island. It could be shortened to facilitate the turning movement. Cm. Sbranti asked if there is a purpose for having a median there. Ms. Morton stated visually it enhances and it attenuates high speeds in straight stretches. Cm. Sbranti asked why you can't create a lip to make the turn into the property and not have a median? Ms. Morton stated the median doesn't have to be there. The median on Tassajara Road is a safety feature because of speeds and curvature of the road. In its completed state, Tassajara Road will be 6 lanes plus turn lanes. VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 639 Cm. Sbranti asked about the width of Street A in comparison to a normal city residential street. Ms. Morton advised that the proposed access created for the Nielsen property would be a full 36' curb to curb. The current driveway width is about 12'. Mayor Lockhart asked about signage. Will people be able to see his produce areas? Will the bio-swale cause a visibility problem? Ms. Morton discussed the bio-swale area, which will have some ornamental plants around it. These will not obscure the view of the commercial operation. Ms. Harbin stated under the sign regulations, Mr. Nielsen would be able to have some directional signage directing people to his pumpkin patch or Christmas Tree lot. The power lines will come down also. He currently has no signs off site, but directional signage would be allowed. Mr. Nielsen access would have to change with the improvement of Tassajara Road. Mr. Ambrose advised that impacts of parking needs to be discussed. We still have not understood that. Cm. Oravetz stated usually people park ali over the road. Mayor Lockhart reopened the public hearing. Mr. Nielsen discussed the truck maneuver backing up. This is an area where you can park cars. This is an unsafe type issue. From a safety standpoint, this is not a good solution. A bio-swale liner was discussed. Perhaps a biologist could look at this and this would alleviate some of his concerns. He stated he would con~ibute some pfthe CqstS~ Mr. Ambrose stated Staff does not believe this is a problem. Mike Stella stated a subdrain is typically ¢". The pipe that will feed the bio-swale for the ['inn project is 24". He explained how the storm drain system will work. Mr. Nielsen talked about the !e~mm~i~to,~h~ property, with regard to parking, he explained how they chalk out the parking. They have diagonal parking up to the pump house against the fence. He will have an engineer draw this up. He stated he would like to get copies of the documents received. ~om the county regarding the well. Regarding CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 640 the apron and the nature of the right to use that, he questioned the parameters and who would be in control of that. If it is homeowner ass~iation con~o!led property, and if there is a need to do something in the future, this may not be appropriate. Ms. Morton stated it would be as long as the Nielsen property is a commercial operation, the additional apron areas would continue to be utilized for that purpose. Mr. Pinn talked about the parking issue. The issues with access, bio-swale, gates, parking and safety they will address and a lot of strides have been made ~ the last couple of days to address the safe access for trucks to get in. There is even a possibility of relocating the bio-swale. They are the type of company that will meet with Mr. Nielsen and will pay to pave a parking lot for his operation. They've been on this project for almost 2 years and spent half a million dollars and they will continue to work with them to iron out their issues. He stated this will be a fabulous project for the City of Dublin. Mayor Lockhart was concerned that we haven't heard from the residents regarding trucks backing up on their street. This is a big concern, and she wasn't sure there is another way to do this. Mr. Pinn talked about a possible hammerhead with two gates or a knuckle. This would involve working with Mr. Nielsen to offer an easement or other solution. Mr. Ambrose stated if a hammerhead works, we could look at this. Mr. Pinn stated they are committed to this. Mayor Lockhart commented Bay friendly landscaping is working with the environment and with more natural and drought resistant plants that really benefit the area. Cm. Sbranti stated he felt the issue of a biologist will allay some of the concerns and this is fair. Mayor Lockhart summarized that Staff should look at a biologist, turn around for trucks, explore hammerhead, and liner for bio-swale. The commercial operation needs to take into consideration that it will have neighbors; and elevations for truck to get through. Look at potential spots for the bio-swale in relation to the well and pump house. Mayor Lockhart asked how much of this can be approved this evening? CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 641 City Attorney Elizabeth Silver stated some of the issues could be addressed ~ th~ development agreement (DA), which will come back to the City Council, including liner for bio~swale, hammerhead, the bump, the location of the bio~swale and if Mr. Finn would commit to including those issues, they would not have to be decided at this time. This would allow the City Council to move forward with the proposed actions tonight. Mr. Nielsen's representative also added the impact on parking and a further refining of the extended turning pocket. Mayor Lockhart stated with regard to the Tassajara issue, she was not sure this relates to this project. Cm. Sbranti felt the right hand pocket is a positive. Commercial signage could be looked at and add parking to the DA. Mr. Ambrose suggested the City Council put a time limit on final resolution of these issues. Mayor Lockhart stated she felt they all want the project and are doing their best to accommodate. She stated she was not willing to add Tassajara to this. It is being designed not just for this project, but Tassajara Road will happen. Staff is to examine parking to see if there is an issue and a resolution. Ms. Harbin stated the DA will probably come back in about a month. With the second reading of the Ordinance, they would have time to finish up the DA. Mayor Lockhart closed the public hearing once again. Cm. Sbranti commented this seems to be a great project, but he wanted to look at the issue of trails. He assumed that the trails wouId be open for the general public to enjoy this scenic area. Mayor Lockhart stated this is a project amenity like a private swimming pool. It is their property and they will maintain it. Mr. Ambrose pointed out the trail is really limited to the back yards of the homes. This is more similar to Dougherty Hills if they were to dedicate the land to the City. We would have to look at what liability the City would assume. Cm. Sbranti stated his preference, would be to look into this as publ!cly owned space. CITY COUNCIL MINUTES ' VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 642 Cm. Oravetz stated this is privately owned space and the residents would know going in that this will never be open to the public. Ms. Silver talked about environmental mitigation. Ms. Harbin discussed the upper 49 acres necessary for the habitat and also discussed nexus necessary for some type of mitigation. Ms. Silver explained that the area north of Fallon Road requires a conservation easement and once it is created it runs in favor of the City or other types of groups and it is then permanent and the land to the south would be designated open space under the City's land use and zoning, but could be changed by a future Council. A conservation easement is permanent under the laws of the State of California. Vm. McCormick asked how we can make this permanent open space. Ms. Silver stated we can request the developer to make that a part of a conservation easement, but we cannot require it. Mr. Ambrose stated the trails are private, but not gated. With regard to the lower 8 acres, the City Council can make it part of the motion to request the developer to make this part of a conservation easement. The Pinn Brothers representative stated they would be happy to put a permanent conservation easement on that piece of property. Mr. Ambrose clarified that the Council would like to adopt the resolution, waive the reading and introduce the Ordinance, and deny the request with respect to inclusionary housing fees, and direct Staff is to work with Robert Nielsen and Pinn Brothers to: 1) see biologist opinion; 2) review if the median can be removed from street A; 3) look at the street issue with a hammerhead; 4) make sure to review grading issue of trucks not bottoming out; 5) look at the impacts of parking on Robert Nielsen's operation and bring back with consideration of the DA, as well as look at issue with bio~swale. Vm. McCormick stated she did not feel this is an issue; we should leave the bio~swale issue with the biologist to see if this gets resolved. With regard to the conservation easement issue excluding the trail, she felt we should let them have a private trail. Mr. Nielsen's Attorney added the issue of exploring the turn around to not interfere with homes as much as.possible. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 643 On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 207- 03 MAKING FINDINGS RELATED TO THE PLANNED.DEVELO?.MENT~(PD) REZONING AND STAGE 2 DEVELOPMENT.r.P.~ ~LA.~ ~N, APPROVING AN EIR ADDENDUM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDE~TIONS FOR PA 02~24 THE PINN BROTHERS FINE HOMESISILVERIA RANCH PROJECT ON 93.4 ACRES EAST OF TASSAJARA ROAD AT THE INTERSECTION OF FALLON ROAD and waived reading and INTRODUCED Ordinance and deniedApplicant's request to revise resolution related to payment of Inclusionary Housing in~lieu fees. RECESS 10:49 p.m. Mayor Lockhart called for a short recess. The meeting reconvened at 10:56 p.m. with all Councilmembers present (Cm. Zika absent). AWARD or BID~ CONTRACT 015-02 TRAFFIC SIGNAL AT CENTRAL PARKWAY AND TA.SSAJARA CREEK 10:56 p.m. 7.1 (600~35) Public Works Director Lee Thompson presented the Staff Report. This project will install a traffic signal on Central Parkway at Tassajara Creek to improve traffic safety for pedestrians crossing Central Parkway, including trail users, Dougherty Elementary School students, and residents using Emerald Glen Park. This project is funded thrOugh the City's General Fund. On motion of Vm. McCormick, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absen0, the CounCil approved a Budget Change and adopted CITY coUNcIL MINUTES VOLUtVIE 22 REGULAR MEETING October 21~ 2003 PAGE 644 RESOLUTION NO. 208- 03 AWARDING CONTRACT 03-02 TRAFFIC SIGNAL AT CENTRAL PARKWAY & TASSAJA~ CREEK TO WINGARD ENGINEERING, INC. ($t30,777) PROPOSED FENCING ALONG THE ALAMO CREEK BI~ PATH 10:58 p.m. 7.2 (600-55) Public Works Director Lee Thompson presented the Staff Report. The City Council gave direction to City Staff to look into the feasibility of installing a fence along the Alamo Creek Bike Path as a response to residents near the project site. The residents had expressed concern that path users might walk over the creek banks into the creek channel. It is proposed to add a 3' high 2~rail fence to remind hikers and bikers to stay on the path. The estimated cost to install approximately 2,472 Lineal Feet (LD of fencing along portions of the east side of the Alamo Creek Bike Path at $35/LF is $86,520. Approximately $57,696 is available for the fence installation from the Measure~B Bicycle & Pedestrian Fund. If the Council approves going forward with the fencing, Staff will complete the design and return to the Council for approval and for a budget change. The City will be required to obtain Zone 7 Water Agency's approval and modification to the existing license agreement prior to the fence installation. However, Zone 7 personnel have informed the City that any fencing along the creek is discouraged by Zone 7 as it will hinder maintenance efforts and emergency repairs to Alamo Creek. Staff is currently looking at alternatives to the fencing type presented in this report, such as removable components, in order to allow Zone 7 access to the creek at any given time. Mayor Lockhart stated this fence is really symbolic, and asked if it would be cheaper to plant bushes. At specific spaces where we want to make sure there's no access, we could place fencing. Mr. Thompson stated if we put something in we would have to irrigate it and this is where the expense would come in. . .. . . . . . .CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 645 Vm. McCormick asked if we could delay this and go through a winter and see what happens. Would the grant go away? Mr. Thompson stated the Measure B money would still be there. This could be an option. Mayor Lockhart stated she felt we haven't been given an opportunity to find out. Cm. Oravetz stated right around the park where the children play is where he would build a fence. He suggested we build a portion for public safety and then see if we need more fencing at other places. We should just fence right by the playground. Mr. Thompson clarified it would be a couple hundred feet and specified the area where it comes into the park. Vm. McCormick requested we try and keep it within the grant money. On motion of Cm. Oravetz, seconded by Cm. Sbranti, and by unanimous vote (Cm. Zika absent), the Council directed Staff to proceed with the proposed rail fence as discussed with the understanding that Staff will come back with actual design and to go to bid. ESTABLISHMENT OF NO PARKING ZONE (PER1V~ PARKING ONLY) FOR THE NORTH END OF CROSSRIDGE ROAD 11:06 p.m. 7.3 (570~20) Public Works Director Lee ~ompson presented the Staff Report. Residents on Crossridge Road have requested no parking except by permit only. This request stems from a concern that the Alamo Creek Path users will use parking in this area as a staging area for pathway use. The cost to print permit tags for display on vehicles is approximately $100 for an initial run, with the potential of additional tags being necessary in future years. If street signs are ultimately needed, the cost of signage would be approximately $500. Operating budgets for these activities include sufficient funds for both the permit tags and permit parking signs. VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 646 Cm. Sbranti clarified we wouldn!t issue permits unless it is a problem. Mr. Thompson stated this would be on the books and in effect, but not enforced unless there is a problem. Mr. Ambrose stated this puts residents in control of the action. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 209- 03 ESTABLISHING NO PARKING ZONE (FOR PERMIT PARKING ONLY) AT NORTH END OF CROSSRIDGE ROAD SCARLETr COURT SPECIFIC PLAN STUDY PA 03-065 :09 p.m. 7.4 (41 O~ 55) Associate Planner Kristi Bascom presented the Staff Report. In October of 2002, the City Council delayed the development of the Scarlett Court SP Study for one year. Staff is now requesting Council authorization to continue the development of the Plan. The Community Development Department has budgeted $70,000 for the completion of the SP in Fiscal Year 2003~04, including $40,000 for an economic study and $30,000 for internal circulation study. Cm. Sbranti clarified that Staff is not recommending a moratorium and asked why no longer. Ms. Bascom discussed the considerable amount of testimony last year. Mayor Lockhart questioned whether Staff got any feedback regarding any plans for the area. Ms. Bascom stated Staff recently met with a future applicant of the Dolan Lumber site, but is not aware of anything else such as new proposals. CITY VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 647 Wayne Abbott, Miracle Auto Painting, stated Staff passed out to property owners and business owners an agenda statement and in the background, it says City Staff is attempting to plan the area and intersection that directly affects their property. This is under a CIP for the right hand turn and they've been told to anticipate the project to commence within 30 days, but the agenda statement says Staff would like to hold off on the turn lane until the plan is done for the entire area. He stated they are confused about this and asked for some guidance. Mr. Thompson stated it is listed in the CIP for Staff to begin environmental and appraisals and the thing we would like to hold off on is how the west end of $carlett Drive is handled. We will need to purchase those properties right next to existing Dougherty Road and an appraisal is tentatively supposed to be done by April. We are pretty much on the same time frame as the property owner pulling out of the property. Mr. Ambrose explained that the issue is what happens to Scarlett Court when Dougherty Road is widened. Peter MacDonald stated he was here on behalf of Mike Fitzpatrick, owner of the former Dolan Lumber site. He thanked the City Council for putting this off for a year so they can work on getting the property sold. He understands the City needs to go forward with the SP process. He stated he feels it is wise not to put a moratorium on. Michael Dolan died and during the time before they had to file the state tax documents in early May, Chris Foss let anyone interested get in touch with them. They put out a request for proposals and had a number of conversations and narrowed down to 2 serious people they are in discussions with. They think they have the potential to have a real deal and bring a proposal to the City. If they don't get one of these deals, they are concerned about the protection of their tenants and don't want to rush people who have been there for a long time. They want to give them at least 90 days. They have developed some guidelines for talking to people. They are looking for commercial uses in the area. This is a gateway to the City and plan on having it looked at very carefully. They would like to have the SP say this. Designate it commercial to Cg zoning district or something equivalent and some type of PUD overlay for the entire area. Not sure it has to say a heck of a lot more than this. Basically the Scarlett Court intersection with Dublin Boulevard is gone. Scarlett Drive is being widened from g to 4 lanes. The traffic situation is not that complicated. You already did the economic study for the redevelopment area, so he was not sure what an additional study will tell you. The market will tell you much more quickly than an economic study. On the property just to the north of them, the Nohr property, there is a use permit for a car lot. You have to be respectful of the uses there and allow some time between the time the SP gets adopted VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 648 and the transition. They hope to bring back to the City a user agreement to lead the redevelopment of the area. Glenn Kierstead stated his project is further down Scarlett Court; 7 acres used for public storage. They are land locked. They are a step child over there. They support a commercial classification for the property. Not sure what the focus of the study would be. He would like some resolution as they are ready to expand and cannot in current configuration. Doreen Green, Busick Air Conditioning, stated she has approached Staff during the past year and was told Staff had received no direction from the City Council and was told, do whatever you were going to do. They have painted their building, repainted trim and tidied up the other two buildings and put in some blacktop renewal and slurry seal. Hopefully, the improvements they have made will be acceptable. They have 100% occupancy in the area and some of the tenants have been there since 197:5. They are providing a use that should be acceptable to the City and if you have any other things you want them to do, they will be happy to look at this. Wayne Bennett representing Mike Nohr stated he was concerned based on past dealings with the City. ASP is indeed specific and tries to tie all the land uses together. Mr. Nohr has been there over $1 years and feels it is an appropriate use that generates sales tax for the City. There is an economic concern and they felt a land use permit term of one year may be a little too short. They also support not having a moratorium. Ralph Gil stated this is the first time he has spoken. He is right next door to Miracle's building and asked what is going to happen to his building? Does he have to get a lawyer? Mr. Thompson stated we are getting going with environmental and this property has tenants and we would have to do a relocation study. We have the actual budget for acquisitions in the next year so we would do appraisals this year and next year we would talk about making an offer on the business. This would be the first part of the next fiscal year, so around July of 2004. Cm. Sbranti asked if we are looking at only the Miracle side of the intersection? Mr. Thompson stated when the Union 76 Gas Station went in on the southwest corner, we actually got most of the right-of-way needed. We will actually need some on the north west corner also. It also affects the Pak 'N Save site. .... C TVCOU C L .......... ,,,, .... ..... VOLUME 22 REGULAR MEETING October 212 2003 PAGE 649 Mayor Lockhart stated as Dublin grows there will be naturally occurring changes in that area. The most curious part is circulation around there is really rather odd. Mr. Ambrose advised that we know how wide Dougherty Road needs to be to mitigate the impacts, but a study needs to be done. This is an opportunity for the City Council to indicate their preferred uses for the property with a SP and some new uses. Mayor Lockhart stated everything around this is in transition and in the process of changing. It is important that this piece not be left out. This is to everybody's benefit to do this study. Circulation is crucial. She stated she has always felt automotive works in this area. We need to do it right. This is too important an area to just say let's see what happens. Cm. Sbranti stated he has a preference on properties that are vacant or underutilized for commercial. This is a good opportunity for some commercial development and auto is also a priority for the area. Cm. Oravetz agreed and stated this is the gateway to our community and a lot of people in Dublin want to see a change there. Vm. McCormick stated there will be community meetings with property owners. She asked when these will start up. Ms. Bascom stated Staff will come back with a work plan. She anticipates that it will be sometime next Spring. Mayor Lockhart clarified that while we are doing this, businesses in the area can still move forward with their plans. Mr. Ambrose pointed out if the City received an application, the City Council may be faced with having to deal with this prior to the completion of the specific plan. On motion of Cm. Oravetz, seconded by Vm. McCormick, and by unanimous vote (Cm. Zika absent), the Council authorized Staff to continue the Scarlett Court Specific Plan Study. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 650 ACCEI~ANCE OF WORK CONTRACT 02-15, FIRE STATION # 17 IMPROVEMENTS 11:44 p.m. 7.5 (600~$5) Parks & Facilities Manager Herma Lichtenstein presented the Staff Report. The Contractor has constructed the facilities to the satisfaction of City Staff and Staff is now requesting that the Council authorize the City Manager to accept all final improvements. On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council authorized Staff to accept a $284,800 maintenance bond at a furore date, approved a $54,580 Change Order, approved a Budget Change, and adopted RESOLUTION NO. 210-03 ACCEPTANCE OF IMPROVEMENTS DUBLIN FIRE STATION # 17 (BLACKSHEAR CONSTRUCTION) AMENDMENT TO PREDEVELOPMENT LOAN AGREEMENT, PROMISSORY NOTE AND ASSIGNMENT DOCUMENTS WITH EDEN HOUSING, INC. I1:45 p.m. 7.6 (600~$0) Housing Specialist Julia Abdala presented the Staff Report. Eden Housing, Inc.'s tax credit application was successful and on September 29, 2003, the developer was awarded tax credits to provide financing for the Dublin Senior Housing project. Eden Housing must now begin in earnest to work toward a construction date no later than February 25, 2004, in order to be able to retain the use of the allocated tax credits. Eden Housing is requesting an additional $314,560 to the Predevelopment Loan Agreement. The total of the original Agreement and the Amended Agreement may not exceed $594,560. These funds will be paid back to the City of Dublin on closing of construction loan with 5% interest. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 651 An Amendment has been prepared for Council consideration related to the Predevelopment Loan Agreement with Eden Housing, Inc., in order that they may continue with pre~construction work at 7606 Amador Valley Boulevard, in anticipation of the construction of affordable senior housing. Mayor Lockhart commented this is really exciting. Linda Mandolini, Executive Director of Eden Housing, stated you were lucky you beat out Oakland and Fremont on a large family project. She thanked Staff for helping them get ready. They are looking forward to moving forward On motion of Vm~ McCormick, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council adopted RESOLUTION NO. 211 -03 AUTHORIZING AMENDMEN!NO~ ! ~TO.TH~,B~V.ELOPMENT LOAN WITH EDEN HOUSING, INC. and approved Budget Change in order to provide additional funds to disburse money for pre-construction work. IMPROVEMENT AG~~~ ~ SON!C. DE~boP~NT, LLC FOR IMPROVEMENTS TO A PORTION OF SCARLETr DRIVE 11:49 p.m. 8.1 (600~30) City Engineer Melissa Morton presented the Staff Report. Sonic Development, LLC has agreed to improve the segment of Scarlett Drive between the Arlen Ness Headquarters and the Dublin Nissan Dealership along the east side of the Chabot Canal. Sonic Development has provided a Faithful Performance Bond and a Labor and Materials Bond, each in the amount of $81,849.06 to guarantee construction of public right~of~ way improvements to Scarlett Drive, and will pay the cost of associated construction inspection. Once these improvements have been constructed and accepted, the City will incur maintenance costs for the City street improvements. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 652 On motion of Cm. Sbranti, seconded by Vm. McCormick, and by unanimous vote (Cm. Zika absen0, the Council adopted RESOLUTION NO. 212 - 03 APPROVING THE IMPROVEMENT AGREEMENT FOR IMPROVEMENTS TO SCARLETT DRIVE (SONIC DEVELOPMENT, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY) CELEBRATIONS FOR COMPLETION OF THE HISTORIC UNDERPASS MURAL AND HRE STATIONS # 17 & # 18 11:52 p.m. $.2 (950-40) Parks & CommUnity Services Director Diane Lowart presented the Staff Report. Staff is proposing a ribbon cutting ceremony for the Historic Underpass Mural and at both new fire stations. Staff developed two options for the date of the celebrations for consideration by the Council. The first option would be to have the celebrations on two consecutive Saturdays with the Fire Station Grant Opening on November 15 from 10:00 a.m. to 1:00 p.m., and the Mural Unveiling on November 22 from 10:00 a.m. to 12:00 noon. The second option would be to conduct both celebrations on the same day, November 22nd. Under this option, the Fire Station Grand Opening would begin at 10:00 a.m. and go until 1:00 p.m., and the Mural Unveiling would begin at 12:00 noon and go until 2:00 p.m. The City Council could go from one event to the next. The Fire Chief has indicated he will not be available on November 22nd. Mayor Lockhart stated she didn't like the idea of doing them all on the same date. She was concerned that the 15th is the weekend of the Dublin Cup and a lot of soccer players will be in town for tournament play. Cm. Oravetz stated he agreed with 2 separate dates. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 653 Ms. Lowart suggested putting the Fire Station event into December. Mayor Lockhart advised that she will not be here on November 22nd. The Council agreed to do the Fire Stations on November 15th. The Council agreed to hold the underpass event on December 6th, from 10:00 a.m. - noon. This date is based on whether the Artists can be there that day. NONRESIDENTIAL DEVELOPMENT AFFORDABLE HOUSING IMPACT FEE STUDY AND TASK FORCE RECOMMENDATION PA 01 ~039 12:00 midnight 8.5 (450~80) Community Development Director Eddie Peabody presented the Staff Report. The City Council reviewed the Nonresidential Development Affordable Housing Impact Fee Study that was prepared and reviewed by the Nonresidential Development Affordable Housing Task Force. On September 4, 2005, the Task Force made a recommendation to the Council that a fee ordinance be established, that the fee be limited to $1 per square foot due to current economic conditions, and that the City Council consider exempting projects under City review. Staff requests City Council direction on: a) whether a Nonresidential Development Affordable Housing Impact Ordinance should be prepared; b) whether a Fee ReSolution should be prepared; and c) whether certain categories of projects under City review should be exempted. Mayor Lockhart talked about Task Force discussion to do something as a two-pronged approach. Everyone said do it now at a lower rate. Vm. McCormick commented on one of the charts and asked for an example of neighborhood retail. Mr. Peabody stated this could be a small shopping center like Safeway Center. General commercial could be like Scarlett Court. Car dealerships, and Hacienda Crossings are general commercial uses. Cm. Sbranti asked how fees were determined. What methodology was used? CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 654 Ms. Macdonald stated the consultants u~ census info~afi0n abop~.~dus~ and income. Office generally has more employees per square foot. Cm. Oravetz questioned the figure at build out. We will only generate $5 million out to 2025? Mr. Peabody explained that there were exemptions. Mayor Lockhart stated the Task Force was supporting the lowest fee possible. This led to some really interesting conversations. Tony Beatty representing IKEA, stated they are all for affordable housing. They carefully analyze all the fees before they go in for an application. They made application in August and anticipate they will fall under the category of exemption. They are comfortable with the fees they have anticipated. Additional fees will be drastic. He stated Dublin has the highest fees of any other project he has been involved with. Mr. Peabody stated Staff would bring back examples of things they could exempt should they choose to do so. Vm. McCormick asked how far along IKEA is. Mr. Peabody advised that they filed an application and Staff is reviewing it, but they haven't been reviewed by the Planning Commission or City Council. This is a decision of the City Council on where they want to break it off. This ordinance would go through the normal timing of introduction and adoption, and there would then be a 60-day period before it can go into effect. Mayor Lockhart commented she went into this thinking everybody needs to pay their fair share. She understands that concept quite well, but when they started looking at what the real costs were and the benefits, versus the economy right now, she was concerned about doing this at all right now. We have done the work with the study. She would like to see us table the program for a year and look at a healthier economy and look at focus of where the money is needed. Is there really a gain to implement this right now? She wasn't sure right now is the time to implement this. Vm. McCormick stated she felt we need to look at our own revenues and the number of businesses stacked up to come in. This is our evaluation of the economy. If we delay this, we need to come back and look at how. the City is doing, and base it on that. Are CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21, 2003 PAGE 655 our revenues Okay? Do businesses still want to come in? IKEA is in the pipeline so they shouldn't be subject to this. Mayor Lockhart stated she wants to make sure we dOn't lose our competitive edge. Cm. Oravetz commented we may need to look at why are we doing this? We are doing a really good job with affordable housing right now. If we put more taxes on businesses coming in, it might drive them to neighboring cities. He agreed to table this for a year. Cm. Sbranti commented if we are telling the residential builders they have to build 12 ½ %, but then businesses who bring in the jobs which cause the need for affordable housing are given a break, he was struggling with the fairness of this. Mr. Beatty stated he also represents Airborne DSL and he came up with 35 vacant buildings in the Dublin~Pleasanton area. There is no co~ercial buil~g going on. Dublin is geographically better off than a lot of cities. Cm. Sbranti stated he didn't want to see the issue tabled forever, He~!ieves in the fairness of the fee. He wants to see thiscome backand for fa~ess, we do need to implement it at some point. On motion of Mayor Lockhart, seconded by Cm. Oravetz, and by unanimous vote (Cm. Zika absent), the Council determined that this issue be tabled for one year. OTHER BUSINESS 12:31 a.m. Cm. Oravetz reported that he went to a League of California Cities meeting last Thursday in Moraga and they had folks from ABAG speak about affordable housing. He suggested that he and Julia Abdula contact Matthew Callihan and invite him to speak at a City Council meeting on a lease~ownership plan. Mayor Lockhart advised that the Affordable Housing Committee that meets had a presentation by the ABAG group and the Tri~Valley Affordable Housing group will be a clearing house where this information will be provided. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 656 Cm. Sbranti stated hewas happy to report that school test scores district wide went up dramatically this year. Dougherty Elementary School went over 900 and all the schools did exceptionally well with all the testing. There will be some positive press on this later this week. Mayor Lockhart adjourned the meeting in honor and memory of Donna Kolb Miller, who passed away this week. She was our historian and did a fabulous job with our students. Condolences go to her family. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 12:35 a.m. ATI~ST: Mayor Pro Tempore CIT~ CouNCI~'MINuTES VOLUME 22 REGULAR MEETING October 21~ 2003 PAGE 657