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HomeMy WebLinkAbout4.01 Approve Minutes 6/6/00 •- ✓ - - REGULAR MEETING -June 6, 2000 A regular meeting of the Dublin City Council was held on Tuesday,June 6, 2000, in the Council Cham bers of the Dublin Civic Center'. The m eeting was called to order at 7:06 p.tn.,by Mayor Houston. ROLL CALL PRESENT: Councilmembers Howard,McCormick, Zika, Vice Mayor Lockhart 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. 8 ONSENT CALENDAR 7:07 p.m. Items 4.1 through 4.18 - Mayor Houston pulled Item 4.4, Cm. Zika pulled Item 4.5, and Cm. McCormick pulled Item 4.8. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of May 16, 2000; Adopted (4.2 950-80) RESOLUTION NO. 77 — 00 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE YOUTH ADVISORY COMMITTEE j CITY COUNCIL MINUTES VOLUME 19 - R.EGULAP. MEETING June 6, 2000 PAGE 218 - _ Adopted (4.3 200-20) RESOLUTION NO. 78 — 00 AUTHORIZING WAIVER OF COMPETITIVE BID AND ISSUANCE OF PURCHASE ORDER TO EST SERVICE FOR REPLACEMENT OF FIRE ALARM PANEL AT CIVIC CENTER Received (4.6 810-30) Status Report related to changing the City's Fall special clean-up from September to October (in 2001); Accepted (4.7 150-70) $3,499 in donations from 31 local businesses for the "Adopt-A- Cop" trading card program; approved a Budget Change; and directed Staff to prepare acknowledgments to formally recognize the donors; Adopted (4.9 600-30) RESOLUTION NO. 79 — 00 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC., FOR THE PROVISION OF CROSSING GUARD SERVICES ($54,760) Approved (4.10 600-30) a Change Order to the Agreement with Pacific Program Management for Construction Management Services for the Civic Center Remodel and Emerald Glen Park Phase I, and approved a Budget Change; Adopted (4.11 930-10) RESOLUTION NO. 80 — 00 APPROVING THE ALAMO CANAL BICYCLE PATH PROJECT FROM THE IRON HORSE TRAIL TO 1-580 AND DIRECTING STAFF TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDING CITY COUNCIL MINUTES VOLUME 19 REGULAR, MEETING June 6, 2000 PAGE 219 1 Authorized (4.12 600-35) Staff to advertise Contract 00-09 for bids, I-580/Hacienda Drive Interchange Improvement Project; Adopted (4.13 600-30) RESOLUTION NO. 81 — 00 APPROVING AGREEMENT WITH MK CENTENNIAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE I-580/HACIENDA DRIVE INTERCHANGE IMPROVEMENT PROJECT (Not to Exceed $1 52,080) Adopted (4.14 600-30) RESOLUTION NO. 82 — 00 APPROVING AMENDMENT TO AGREEMENT WITH HIGH QUALITY ENGINEERING, INC. (HQE).. FOR ENGINEERING SERVICES I-580/HACIENDA DRIVE INTERCHANGE IMPROVEMENTS Approved (4.15 600-30) an Amendment to the City Manager's Employment Agreement; Approved (4.16 600-40 & 1060-90) Budget Changes for the Iron Horse Trail and Pavement Management System (PMS) Update; Adopted (4.17 360-20) RESOLUTION NO: 83 — 00 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM . AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) and - CITY.COUNCIL MINUTES . VOLUME 19 - REGULAR MEETING June 6, 2000 PAGE 220 RESOLUTION NO. 84 — 00 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 and RESOLUTION NO. 85 — 00 RESOLUTION OF INTENTION STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 ANNEXATION OF TRACT 7067 Approved (4.18 300-40) the Warrant Register in the amount of $1,358,214.07. Mayor Houston pulled Item 4.4 and stated he is very proud to say he was the lucky bidder at the DPIE big bucks dinner and purchased the rights to name this street. He requested that it be changed to Glynnis Rose Drive. Street sounds so commercial. Drive '—` would be a much nicer name. On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted with the change (4.4 820-60) RESOLUTION NO. 86 — 00 APPROVAL OF NEW STREET NAME "GLYNNIS ROSE. DRIVE' FOR "STREET A" OF TRACT 7149 Cm. Zika pulled Item 4.5 and asked for a report on the coyote incidents. Amy Cunningham presented (4.5 500-10) an informational report related to coyote incidents at Dougherty Hills.Park. . She reported on the incidents which had occurred, and advised that Staff is in the process of having signs posted. She discussed the language that will be on the sign and advised that they have contacted the block captain in that CITY COUNCIL MINUTES _\ .VOLUME 19 • REGULAR MEETING- June 6, 2000 • PAGE 221 • area and let police personnel know how to handle any calls. Animal Control as well as police will log in all calls received. Cm. Zika asked at what point we will do something. Ms. Cunningham stated Animal Control needs documentation in order to get permission from Fish & Game to trap the animal. Cm. Zika asked if this is a single coyote. He stated he thought they usually run in packs. Ms. Cunningham stated Staff is not sure if this is one or more. Signs have been seen of possibly two families living up there. Cm. Zika asked if we violate any rules by moving them to another location. Ms. Cunningham stated these animals cannot be relocated. They will have to stay or be taken care of. Mayor Houston stated the problem is the potential of someone being hurt. Vice Mayor Lockhart stated she walks in the morning and she does see one coyote pretty regularly. There are a lot of people this time of year that like to run up there in the morning and in the evening. Ms. Cunningham pointed out that the dog that was killed up there was off leash and was a 20 lb dog. Cm. Zika stated he felt kids are in danger. Mayor Houston stated he felt if this were a pet doing this,we wouldn't even be talking about this. Why can wild animals eat our pets? Ms. Cunningham stated she will let the coyote trapper know that we want to go ahead and take care of the issue. They do not relocate them. On motion of Cm. Zika, seconded by Cm. Howard, and by unanimous vote, the Council directed Staff to contact the trapper and notify Fish & Game to proceed. Bruce Weidman, stated he is a Park Ranger with the City of Walnut Creek. He called today to get information on when the coyote situation would be discussed. He stated he wanted to let the City know there is a lot of help available. UWIN is an organization that CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 222 • has a lot of good information. Coyotes will not be relocated; they will be killed. He left -. some pamphlets related to coyotes and also left his business card:- He stated they feel coyotes go for cats more than anything else: Cm. McCormick pulled Item 4.8 related to planting a tree and stated she felt this is a really good idea and she hoped people will catch onto it. She stated she wanted to be sure that some sort of uniform plaque is designed. It should fit in with the environment. She stated she was not sure the one that was done accomplishes this. Mayor Houston stated his wife and he brought this forward. We will be establishing a policy to do such a thing and to make sure it is uniform and of very high quality. He stated he was thinking more of a small brass plate rather than other materials that may be destroyed or weather beaten. Cm. McCormick asked if we will go back and redo the one there. Ms. Leonard advised that it has already been installed. The City's Parks & Development Manager will help us pick the correct site and tree. On motion of Mayor Houston, seconded by.Vice Mayor Lockhart, and by unanimous vote,the Council approved (4.8 295-30) request from Guy and Inge Houston to plant a memorial tree at the Dublin Heritage Center in memory of James H. Moran, and directed Staff to develop a memorial policy. CLOSED SESSION 7:22 p.m. 10.1 (640-30) The Council recessed to a closed session. Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Subsection (b) 54956.9 of the Government Code - One potential case. REPORT ON CLOSED SESSION ACTION At 7.45 p.m., the Council meeting reconvened with all Councilmembers present. Mayor Houston announced that no action was taken. Mayor Houston announced that the next item to be heard would be Item 7.3. CITY COUNCIL MINUTES �1 VOLUME 19 - REGULAR MEETING June 6, 2000 PAGE 223 PUBLIC HEARING - HOME DEPOT EXPO DESIGN CENTER SITE DEVELOPMENT REVIEW PA 99-029 = = 8:1.5 p.m . 6.1 . (410-30) Mayor Houston opened the public hearing. Senior Planner Dennis Carrington presented the Staff Report and advised that this Site Development Review proposal is for a 93,130 square foot Home Depot EXPO Design Center on a cleared lot in the Dublin Place Shopping Center, located between Montgomery Ward and Target stores. The proposed project includes upgrading of the associated parking lot, landscaping and off-site improvements. The Home Depot EXPO Design Center is a full-service interior design center with 8 designer showrooms under one roof. Three hundred and eighty parking spaces and eight disabled parking spaces are proposed on the property. Two hundred and thirty-three parking spaces are required. Mr. Carrington discussed issues related to: Circulation/S-Curve;Archaeology; Contaminated Soil; Walkway to North of Project; Landscaping; Design; and Environmental Analysis. Mr. Carrington stated, in conclusion, the applicable City Departments and agencies have reviewed this application, and their comments have been incorporated into the Conditions of Approval. The proposed project is consistent with the Downtown Specific Plan, the General Plan, and the C-1 zoning district. Parking for the project is consistent with Zoning Ordinance requirements. The building is well designed and will be an attractive addition to the Dublin Place Shopping Center. They are voluntarily contributing $354,000 to help defray project traffic costs. Vice Mayor Lockhart stated she thought when this space was first discussed, they talked about taking the t out, but also putting the road through to Amador Plaza. Mr. Carrington stated it wasn't actually part of this project. As part of the overall Specific Plan, access will be provided through to Amador Valley Boulevard. Vice Mayor Lockhart clarified she was talking about Amador Plaza Road. She also asked how this relates to the 6' sidewalk. Mr. Carrington stated it would still be just a driveway. He showed where an island would occur. This would be an enhancement for pedestrians. It will be an elevated CITY COUNCIL MINUTES VOLUME 19 - REGULAR MEETING June 6, 2000 PAGE 224 island. Under current standards, we would require ADA access; however, this shopping center was developed long before ADA requirements. =...... Vice Mayor Lockhart commented she thought this sounded like a Band-Aid approach. Cm. Zika questioned if we have asked for external lighting. Mr. Carrington stated yes, there is a requirement and Staff will make sure this is clarified. Cm. Zika commented that in the Downtown Plan, there was potential for a road or driveway that would head east and hook up with Amador Plaza Road. He clarified that this does not preclude this from happening in the future, but it doesn't do it as part of this project. Mr. Peabody stated this will be discussed with the Planning Commission and City Council when the Specific Plan goes forward and they will look at the best way to make this happen. They will look at all the options. He discussed potential locations for a road going out to Amador Plaza. Cm. McCormick questioned exactly where the locked gates will be. Mr. Carrington stated one will be by the Bible Book Store and he showed where others w' might be on the north side. -. Vice Mayor Lockhart asked about landscaping timing and if closest to the building will happen with the building and then what's to be added later is trees. • Mr. Carrington stated eventually the trees will grow and help break up the face of the structure and provide some visual relief. He discussed the timing for the landscaping. It will happen within 3 years, or before, if an adjacent property owner decides to develop. Mike Abbate, stated he is the Real Estate Manager for Western United States for EXPO Design Center. They appreciate the help Staff has given to help them reach a goal of getting approval this evening. Mr. Carrington,Mr. Peabody and Mr. Foss have been particularly helpful. In a nutshell, what they are building is a one stop shop interior design center. From inspiration to installation is their motto. This store as proposed will be one of 35 or 40 in the Country. This says a lot about the community. It will be one of 3 open by the end of next year in the general area. They also opening centers in Concord and Palo Alto. They have 8 to 10 planned in 5 to 6 years in the Bay Area. At the Dublin center,they plan to create jobs for approximately 150 to 200 people and an • CITY COUNCIL MINUTES �? VOLUME-19 .-... . REGULAR MEETING June 6, 2000 PAGE 225 average store volume is expected to be somewhere in the $45 million per year range and they expect this store to be somewhat above average___He:advised that Frances Chew, _ __ Mike Jenseniand Sam Fay were present to answer questions With regard to landscaping, they intend to install all of the parking lot landscaping at the outset. They want to be part of Dublin's revitalization and hope to set the standard. They will work with an art consultant and work with Staff to try and come up with something suitable as art in a public place. He assured the Council that it will tie in well. Cm. Zika stated he welcomed them to Dublin. He reported that he was in their Virginia store not long ago, and that is a toy shop for adults. He stated he appreciates that they will put in landscaping initially. One concern he had is that this is an awfully big blank wall. He questioned if it could be broken up somehow, at least until the trees grow. They might want to look at,ideas at Hacienda Crossings. Mr. Abbate stated they will work with Staff on this and they have some ideas that may be acceptable. The building is somewhat unique and it is a non-prototype building. Vice Mayor Lockhart stated she also was happy to hear about the landscaping. This will make a big difference in this center. They want to see an inspiring building. Cm.McCormick thanked them for the art element and stated she felt that the wall may ' be a good place to perhaps put something there. Mark Braezeal, Dublin, asked what stores we have within'a 5-mile radius. A lot of people really aren't happy about having this here in Dublin. We have enough hardware stores here already. Mayor Houston stated this is completely different from Home Depot stores. Mr. Abbate explained that this is not a hardware or Home Depot store. They are a showroom store that will have everything from lighting to kitchen to bath to carpet. About 65,000 sq. ft. will be strictly devoted to showroom. You can't buy supplies. They only cross over with Home Depot on product with about 5%. They carry home interior design elements under one roof. They employ 12 to 15 interior designers. They will be an upscale design center. From a traffic generation standpoint, they generate about 1/3 of the amount that a Home Depot store does. Their main customer is a project-based customer. You very seldom see anyone walk out with a package. Orders are typically shipped to one's home. Mr. Braezeal stated he wondered if their services aren't already being duplicated by a lot of stores and shopping centers already here. This would seem to be more appropriate for CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 226 East Dublin. Some people don't think this is the right location for this type of service.get We We-should parking � There of make revenue. b particular a t what-companies w allo here This - will have a tremendous impact on the daily living of Dublin residents.::This should be the priority of the City Council. This is such a big building, he wouldn't be surprised if it got taken over by some company. This is not a gimme success for Dublin.. He stated he would design the building as a multi-purpose building. Ken Hill co-owner of Lighthouse Christian Supply thanked Mr. Carrington for keeping him apprised of what's going on here. He stated he has a safety concern related to the north side of the building. Where will the dumpster be located? He would hate to have the ladies have to go back into the alley and then go through one or two panic hardware sets. Mr. Carrington stated there is a condition of approval for the applicant to work with him to locate the dumpster and trash enclosure. This will be addressed. There is a general requirement for lighting on the building. Mr. Abbate stated they will light the alleyway however it needs to be. They want to make it as safe and secure as possible. They will not chince on the lighting. They do not plan to cut corners on the outside or inside of this building. Mayor Houston stated Staff and the applicant will contact Mr. Hill so that he can provide input on this to figure out the best location. Rose Rose, Dublin resident stated it seems like a nice store. She asked who they will be targeting? Is it for outlying remodeling or new houses? Mayor Houston stated what we have around us are a lot of houses that were built quite a few years ago. Dublin's population is about 32,000 and there are 65,000 in Pleasanton and when you count San Ramon and Danville, that's a lot of potential remodels. We have a lot of the homes that were built quite a few years ago. In addition, we now have new homes going for $500,000 to $600,000 and they'll be looking at decorating items. Demographically in the Bay Area,you have a lot of older homes that are very expensive Ms. Rose stated she would like to see an upscale food market here in Dublin. The City Council replied that they would also, and reported that they are working on this. Mayor Houston closed the public hearing. CITY COUNCIL MINUTES t � VOLUME 19..... REGULAR MEETING June 6, 2000 • PAGE 227 City Attorney Silver stated she recommended modifying some of the conditions as a result of the Council's discussion:. Condition #1 language should be added, 'The project façade - , ..- - pJ will be redesigned to provide more architectural detail, subject to review and approval of the Community Development Director. Mayor Houston stated he felt having an art consultant on the team may be a better solution. Ms. Silver clarified the 3 issues discussed by the Council which relate to façade, art in public places and landscaping. She suggested that a condition be added dealing with public art. Mr. Abbate advised that the Plans as submitted will be revised to provide more detail. He stated they would like to separate the two conditions. They want to get through the design of the exterior of the building and get into the building permit process as soon as they can. They would prefer that the two not be linked. Mayor Houston repeated his request for having an art consultant as part of the team. Mr. Abbate stated they would prefer to address them on their own merits. Cm.McCormick stated she felt separating out would be okay and have the art consultant review it. Mr. Ambrose clarified that we don't have an art consultant for this project. Cm. McCormick stated we could get one. • Mike Jensen stated they would like to work with the architectural commission that's established with some project on site and try to address architectural concerns. Art in public places would be separate and could be divided. The issues of the wall and the exterior would be deal with directly with Staff and the second element would be art and working with the commission as a separate issue. Vice Mayor Lockhart felt putting the art element on the Planning Commission is not fair. • Mr. Ambrose requested a short break to allow some language to be developed. At 9:07 p.m. Mayor Houston called for a short recess. At 9:11 p.m. the meeting reconvened with all Councilmembers present. CITY COUNCIL MINUTES VOLUME 19 - REGULAR MEETING June 6, 2000 PAGE 228 Mr.Jensen stated they are willing to work to get this completed within 2 years of opening for.business. Mayor Houston stated he felt both sides have to act on good faith and he doesn't want to hold up their certificate of occupancy for something like this. They are on record as being committed to doing something which we can all be proud. Cm. Zika agreed that they shouldn't make this a condition which must be met prior to occupancy. Ms. Silver explained that if this goes to the Heritage & Cultural Arts Commission and then comes back to the City Council for review, their installation could be done after certificate of occupancy. This would require some agreement that extends beyond the certificate of occupancy. Mr. Abbate stated Home EXPO wants to get it done before they open because it enhances their project. Staff reported that Condition #66 would be deleted. Condition #65 would read, "Landscaping. All landscaping including all frees, shrubs and planting for the arbors and hardscape shall be installed prior to the occupancy or use of the building. All improvements shall be to the satisfaction of the Director of Public Works." On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 87 — 00 ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR PA 99-029, HOME DEPOT EXPO DESIGN CENTER SITE DEVELOPMENT REVIEW and _ RESOLUTION NO. 88 — 00 APPROVING THE SITE DEVELOPMENT REVIEW FOR THE HOME DEPOT EXPO DESIGN CENTER DEVELOPMENT PA 99-029 CITY COUNCIL MINUTES VOLUME 19 _ sr REGULAR MEETING June 6, 2000 PAGE 229 PUBLIC HEARING - GENERAL MOTORS AUTOMALL - STAGE- 1 -AND STATE 2 PLANNED DEVELOPMENT REZONE PA 00-002 9:17 p.m.. 6.2 (450-30) Mayor Houston opened the public hearing. Senior Planner Dennis Carrington presented the Staff Report and advised that this is the second reading of an Ordinance approving a Planned Development Rezone to modify parcel and building sizes in the General Motors Automall. Parcel A would be increased in size from 3.5 acres to 4.43 acres and the building on Parcel A would be increased from 26,145 square feet to 28,775 square feet. Parcel B would be reduced in size from 3.0 acres to 2.07 acres and the building on Parcel B would be reduced in size from 22,000 square feet to 19,370 square feet. Parcel C will not be changed. 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 adopted.. ORDINANCE NO. 13 - 00 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF DUBLIN BOULEVARD, EAST OF TASSAJARA CREEK (APN 986-0016-002, 986-0016-003, AND 986-0016-004) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR THE GENERAL MOTORS AUTOMALL PROJECT (PA 00-002) Mayor Houston announced that Item 6.4 would be heard next. 8 RECESS - At 10:14 p.m.,Mayor Houston called for a short recess. The meeting reconvened at 10:21 p.m., with all Councilmembers present. CITY COUNCIL MINUTES VOLUME 19 ' REGULAR MEETING June 6, 2000 PAGE 230 PUBLIC HEARING - CALIFORNIA VEHICLE CODE (CVC).ENFORCEMENT ON-INSPIRATION CIRCLE, GEORGIAN OAKS COURT, BLOOMFIELD TERRACE, DRY CREEK DRIVE, AND MOUNTAIN RISE PLACE (HANSEN HILL, PHASE 2) • 10:21 p.m. 6.3 (590-30) Mayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that the streets being considered with this item are all within the Hansen Hill Development, Phase 2. This subdivision is located north of Dublin Boulevard and west of Silvergate Drive. The streets in Tract 6038 have not yet been accepted by the City; however, the residents of the subdivision have requested that the City enforce CVC regulations in this area, especially related to the speed limit. The approval of this item would allow for more active enforcement by Dublin Police Services. Mark Mayse, 10757 Inspiration Circle, stated he felt this is but one of many issues we will have as a result of new development. They are having a lot of speeding on Inspiration Circle. He was off work for a week and working in his front yard and saw a lot of speeding during that time. He requested that we give the Police Department authority to do something about this. Brent Wood, an Inspiration Circle resident stated he supports this. They have had a y J l monitoring trailer up there and he has been in his front yard and seen speeds in excess of • 45 mph. He has also watched people pass him in the school zone. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 91 — 00 APPROVING ENFORCEMENT OF TRAFFIC REGULATIONS UNDER CALIFORNIA VEHICLE CODE SECTION 21107.5 INSPIRATION CIRCLE, GEORGIAN OAKS COURT, BLOOMFIELD TERRACE, DRY CREEK Drive AND MOUNTAIN RISE PLACE CITY COUNCIL MINUTES VOLUME.19 - • REGULAR MEETING June 6, 2000 PAGE 231 - PUBLIC HEARING - SYBASE CORPORATE HEADQUARTERS COMPLEX, PA 99-062, (EASTERN DUBLIN SPECIFIC PLAN/GENERAL PLAN-AMENDMENT PLANNED DEVELOPMENT REZONE/DEVELOPMENT:PLAN_AND_; DEVELOPMENT AGREEMENT) AND CORRIE CENTER PHASE II'.; OFFICE DEVELOPMENT PA 99-010 (GENERAL PLAN AMENDMENT) 9:18 p.m. 6.4 (420-30/600-60) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this application includes an amendment to the Eastern Dublin Specific Plan/General Plan for the Sybase Corporate Headquarters project, an Amendment to the General Plan for the Corrie Center Phase II Office Development, a Planned Development (PD) Rezone/ Development Plan and a Development Agreement for the Sybase Corporate Headquarters facility. Mr. Peabody explained that under State Law, the City can only make four changes to each element of the General Plan during any calendar year. However, each change may include multiple amendments. To date, the City has received four requests to amend the land use element of the GP which includes the following projects: Dublin Ranch (Areas F, G and H), Greenbriar Homes, Sybase Development and the Corrie Center project. Two • = •GPAs have already been approved in 2000, and the City proposes to group'subsequent amendment requests in order to preserve the right to make a fourth change to the GP later in the year. The Sybase application includes an amendment to the EDSP/GP, and encompasses a 34.6-acre site located on the block bounded by Dublin Boulevard to the south, Hacienda Drive to the east, Central Parkway to the north and Arnold Road to the west. The proposed amendment would involve changing the land use designation for the easterly 19 gross acres of the site from High Density Residential to Campus Office. Applications have also been filed for a PD Rezone/Stage 1 and 2 Development Plan, and a Development Agreement. If approved,these various applications would allow for the development of the Sybase corporate headquarters complex on the site totaling 420,000 square feet of gross floor. Mr. Peabody advised that on May 9th, the Planning Commission took action to approve a SDR permit and Tentative Parcel Map for the Sybase project, subject to City Council approval of the SPA/GPA and PD rezoning. CITY COUNCIL MINUTES VOLUME-19 REGULAR MEETING June 6, 2000 PAGE 232 Cm. Zika expressed concern about this being our first 6-story building and having fire apparatus to take care of this: The Fire Department feels we have equipment to take care of it. He indicated that parking is_another concern. He-asked how high the berms are around the parking lot Vice Mayor Lockhart asked if Staff did any comparison with putting a 6-story building in the view corridor. Mr. Peabody stated the.primary view corridor adopted with the Specific Plan actually deals with views from the freeway. In this case, we are talking about isolating the buildings to basically one corner of the property. _This should provide easy viewing of the hills from the freeway. The apartment complexes adjacent are a lower height and also allow views. It is a lot further away so there will be a wider view. Terry Lowry with Wilcox Development stated they are seeking approval for this project. It will be the new corporate headquarters for Sybase Corporation. They have worked closely with Staff over the last few months to meet all the requirements. Hope Spadora, Vice President of.Worldwide Corporate Real Estate and Facilities stated they are very excited to be here. This has been a 3 year process for them. In order to compete with other high tech companies and give their employees something to compete with, they had to partner with a city such as Dublin.: They hope to relocate 1,000 employees to this project They operate m 160 countries and reported revenues of$871 million in 1999::,_They have a very strong balance sheet. The New York Stock Exchange runs off their database. Their growth product is enterprise portals. They welcome the opportunity of partnering with Dublin. They realize they will be the gateway to East Dublin. She stated she hopes they can work together with the community on art projects. David McAdams,Project Manager introduced Lynn Bower and from their project team Jim Lee and Emad Sutsari. They were very excited when they found the piece of property they wanted to build on. This is the Hacienda gateway and he discussed their site planning process. Sybase will be the sole tenant of the project. One building will house primarily the engineering portion of Sybase. One floor is essentially equipment space with just a few employees. They are investigating the possibility of doing childcare on the bottom floor. The other building will be all of the administrative and executive functions of Sybase. A bridge connects the two buildings. Two floors-of building b will be unoccupied. The ground floor is accessory space and 90% of the second floor doesn't generate tenancy. The total of those areas is about 47,000 sq. ft. or a little over 10% of the building is not generating tenancy. This equates to about 134 parking spaces that they don't anticipate there being a demand for. They've been working on this since January. They are officially short about 8 spaces from the required 1200 spaces. There CITY COUNCIL MINUTES :` VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 233 will be a shuttle from the BART station to the Sybase campus. Sybase is a co mpany that works on,very flexible hours. They believe that parking will_be more than sufficient for the intended use If the usage changes,there is an opportunity to build'a"deck and they could also restripe fora different ratio of spaces. Cm. Zika stated his concern was the infatuation of the mid-30 age group with SUVs and the compact parking space ratio. He indicated he liked hearing the word childcare. He asked how high the berms are. Jim Lee stated they have a plan for a minimum 3' berm + plant materials. The landscape standards the City has are extensive and he felt this size berm will hide most of the cars. The Corrie Center GPA project site is located within Dublin's downtown area at the southeast intersection of Dublin Boulevard and San Ramon Road. The site area consists of approximately 4.5 acres and is currently developed with a three-story L-shaped office building (70,790 square feet), surface parking and landscaped areas. The proposed four-story office building (46,110 square feet) and parking structure would be located to the rear of the existing building and would be connected to it via a one-story glass enclosed foyer_ The property is surrounded by commercial development, including Coco's restaurant to the north, the Monarch Hotel to the south and Earl Anthony's bowl to the east and is bounded by San Ramon Road and the I-580 off-ramp to the west and southwest. Mr. Peabody stated the existing GP land use designation for the project site is Retail/Office. The project site is located-within Zone 2 - General Commercial of the Downtown Dublin SP and the proposed project complies with this designation. The GPA proposes to increase the maximum floor area ratio for the Retail/Office land use to .6. This application was considered by the Planning Commission at a public hearing on February 22, 2000 and was recommended for approval to the City Council. On March 7, 2000, the City Council adopted a Resolution approving a Negative Declaration for the Corrie Center project because the project will not have a significant effect on the environment. Ted Hoffman, Co-Proprietor of Dublin Bowl discussed the Corrie development with regard to parking issues and other concerns. He stated he wasn't aware initially that they were developing and they tried to work out parking arrangements. This never did develop. Since their discussions,Mr. Corrie has purchased the bowling center and their lease expires in 2005. He was told that arrangements had been made that the local CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 234 bowling alley would be available for additional parking spaces. Mr. Corrie later told him he had made arr angements for parking somewhere else:_ He asked Anne Kinney where he:-Was going to get his-parking spaces and was told they are on his property and on his access'easement He was never asked for use of the easement -They are leasing this property until May 2005. Neither he nor Earl Anthony were asked about use of this ' parking and they went on record as being concerned about these 2 issues although•they are open to discuss the matter. Cm. Zika asked if their lease specifically calls out parking spaces in the center. Mr. Hoffman responded yes, it does. Mayor Houston asked if the conditions for approval is based on having spaces before they can begin construction. Mr. Peabody stated yes and they went through this at great length. He would need to look at the terms of the lease, but they did discuss this in talking about the easement. Mr. Corrie controls that particular property and would have to provide the required parking for the development. Most will be done as part of an underground structure; Spaces needed in the driveway easement were 4 or 5. Staff will look at this at the time of construction to make sure everything is okay. - Sid Corrie-stated early on, they attempted to work out a reciprocal agreement for the 17 spaces. Ted clearly was looking for payment. The bowling alley does most of their business on weekends and evenings. For 9 years,every time the bowling alley had a big event,they filled up his parking spaces. In 9 years, he never said to Ted,you have to pay for using this.space. After he bought the bowling alley,they threatened to sue unless they were given an extension on the lease. This is no way to do business. They are trying to see how much trouble they can cause. This he calls extortion. They went to court and the judge told them to settle this another way. As recently as this morning, Ted was in his office trying to get money from him. The end result is it is in poor taste and he doesn't have any thinking going on in his brain. They tried to get $100,000 in repairs on his building that his lease said they should do. They are talking about 17 spaces out of a couple of hundred. They will build an overhead structure if they have to. He stated his attorney was present to handle the nuisance lawsuit if needed. Michael Lowe,Attorney, representing Dublin Land Company, the previous owner of the property, addressed the issues. There is pending litigation surrounding the sale of Dublin Bowl. With regard to the terms of the lease, the language says tenants are entitled to the parking area but there is no specific requirements. Corrie Development owns both parcels so even the thought of a reciprocal parking agreement is somewhat confusing. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 235 Corrie owns both parcels. Earl Anthony Bowl as represented by Mr. Hoffman referenced the parcel as his- when Corrie has certain lease ri hts to the'ro--e The courts are - _ - S p p_rh' remedies for breaches of leases Mayor Houston stated he felt this is a landlord.tenant dispute and we need to have approval go forward with a project. Before they can build, the'parking situation has to be resolved and settled. Ted Hoffman clarified that the Bowling Center was sold and they had the first right of refusal. They matched the offer and this was why they had to go to court. 'Since that time, they had a mediation hearing. They are not extortionists; they are negotiating. Parking was one of five issues. They are currently setting a trial date. Mayor Houston closed the public hearing. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 89 — 00 APPROVING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR PA 99-062, SYBASE CORPORATE HEADQUARTERS FACILITY and _ RESOLUTION NO. 90 00- APPROVING A GENERAL PLAN AMENDMENT FOR PA 99-010, CORRIE CENTER PHASE II OFFICE DEVELOPMENT TO INCREASE THE FLOOR AREA RATIO FOR RETAIUOFFICE AND AN AMENDMENT TO THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN FOR PA 99-062, SYBASE CORPORATE HEADQUARTERS FACILITY and waived the reading and INTRODUCED the Ordinances and scheduled the second reading of both Ordinances for June 20, 2000. CITY COUNCIL MINUTES VOLUME.19 REGULAR MEETING June 6, 2000 PAGE 236 APPROVAL OF FINANCIAL PARTICIPATION" MEMORANDUM OF-UNDERSTANDING_(MOU)=_WITH THE SAN FRANCISCO BAY-JAR-EA:RAPID TRANSIT DISTRICT (BART)• AND THE CITY OF PLEASANTON FOR THE PROPOSED . WEST DUBLIN/PLEASANTON BART STATION 10:26 p.m. 7.1 (600-40) Economic Development Director Chris Foss presented the Staff Report and advised that the West Dublin/Pleasanton BART Station will serve to revitalize a portion of the City's central business district through the inclusion of residential and hotel activity. This project also serves as one of the focal points of the City's West Dublin BART Station specific planning effort, and Staff expects the project to relieve congestion at the East Dublin/Pleasanton BART Station, create new BART ridership, as well as stimulate new development opportunities around the station. This proposed MOU provides for a financial commitment from the City of Dublin to finance the West Dublin/Pleasanton BART Station. It proposes that the City of Dublin will lease a 600-space parking garage in Dublin in exchange for rent equivalent to the tax receipts (sales,property;and transient occupancy) generated from the Jones Lang LaSalle private development over a specified length of time (minimum 12 years - maximum 17 years) This action does not commit the City of Dublin to approve the - proposed residential or hot-el lunits-on the project. The developer will process the private component through the standard planning process of the City of Dublin. Vice Mayor Lockhart questioned the issue of BART retaining liability for the parking garage and asked how long they will do this. Is it forever? Mr. Ambrose stated the agreement will be as long as we are a party to the financing. It • will revert then entirely back to BART and they will have total responsibility for operation of the garage. Peter Snyder, BART Director, stated it has taken a long 2 1/2 years for something you would think should come together very rapidly. They are in the home stretch. By early next year, we should see some dirt flying in that area. He looks forward to seeing this project culminate. They are working full speed ahead on getting all the environmental stuff done. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 237 RESOLUTION NO 92 — 00== APPROVING A MEMORANDUM OF UND ERSTANDING. . BETWEEN THE CITY OF DUBLIN-AND THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (BART) REGARDING FINANCING OF THE WEST DUBLIN/PLEASANTON BART STATION • -, REVIEW OF ROUGH CUT OF PROMOTIONAL MARKETING VIDEO 10:31 p.m. 7.2 (150-35) Economic Development Director Chris Foss presented the Staff Report and advised that the City Council identified the preparation of a Promotional Marketing Video as a high priority for.FY 1999-2000. Staff has worked with Goal Line Productions to produce a 10-minute video that promotes Dublin's quality of life, strategic location, and business- friendly atmosphere. Mr. Foss advised that Staff is now requesting that the Council provide comments on the rough cut and direct Staff to complete the preparation of the video. Vice Mayor Lockhart stated she felt one of the things that comes across as a major message to businesses is that Dublin is a good community to come into. She asked if there is any way to include the tennis courts and skate park at Emerald Park and maybe get some skateboarders on film, which would speak to the newer and up-to-date facilities we can offer. Mr. Foss stated he would check into this. Cm. Zika stated he felt it starts out like gangbusters but seems to end a little weak. It gets slow in the middle. We have too much of just looking at people talking. Maybe they could do cutaway shots with pictures. He also suggested they cut the reference to Castro Valley: Cm. Howard suggested when they talk about schools, that they put in a picture. • Mayor Houston stated the video is structured in such a way that things can be updated to make the life of it more than a couple of months. The music in the beginning is great CITY COUNCIL MINUTES VOLUME 19- REGULAR. MEETING June 6, 2000 PAGE 238 and has energy and then after the opening montage it gets back into elevator, funeral - music. Mr. Foss stated he had conversation with the director today and they talked about bringing up the music at the start and then end with it. . Mayor Houston stated he sat down with his family and watched the tape. His 5 year old son thought it was great in the beginning because of the music, and he liked the beginning energy. • HERITAGE AND CULTURAL ARTS ASSESSMENT FINAL REPORT This item was moved and heard following the Consent Calendar and Closed Session. 7:46 p.m. 7.3 (910-80) Recreation Supervisor Bonnie Leonard presented the Staff Report and discussed the results of a community-wide assessment of art and heritage programming that was conducted by AMS Consultants. The assessment included 5 focus group sessions and a telephone survey of 400 residents. Bob Bailey introduced his colleague, Roberta Waterstone, and then gave a presentation. _ He thanked the Commission who has been very helpful and supportive through this process: He gave highlights of the survey. Survey results indicate a strong preference for art and cultural events focused around children. Eighty-five percent strongly or somewhat agree that there should be more arts education in the schools. The Heritage Center is recognized as a traditional gathering place and is seen as an appropriate location for weddings and history-related events and activities. Survey participants agreed that the arts and cultural offerings in Dublin are a source of pride for the community. Although 70% of those questioned strongly agree or somewhat agree that there should be more public art in Dublin, 81% strongly or somewhat agree that there should be more public participation in choosing public art. Only 27% support • spending tax dollars on public art; however,..84% of those asked would be willing to support arts and cultural activities with user fees. CITY COUNCIL MINUTES VOLUME 19 . • REGULAR MEETING June 6, 2000 PAGE 239 Mr. Bailey stated it is apparent from the-survey results that residents are most interested win activities and gathering type events for families as well as events that are tied to . _ community..identity._=Eighty percent of residents haveattended the St: Patrick's Day Festival and-57% attended the Pasta Festival. Cm. Zika questioned the low ranking of children's museum when a large percentage stated they support art in the schools. Mayor Houston clarified that residents would be willing to spend existing tax dollars for arts education in the schools. Cm. Zika commented on the fact that 25% of the people they talked to are retired. He didn't know our retired population was that big. Mr. Bailey stated they get a higher response rate from retired people. As there is in all surveys, there is some skew. These are the people who are interested enough in the survey to answer. The halo effect is another bias. Ms. Leonard stated in consultation with the Project Manager, and using the results of the survey, the Heritage & Cultural Arts Commission will develop a long-range plan for heritage and cultural arts programming. -The plan will be brought before the City Council at a future meeting. On motion of Mayor Houston, seconded by Cm. Howard, and by unanimous vote, the Council accepted the Final Report and directed Staff to prepare a long-range plan for heritage and cultural arts programming. CONSTRUCTION TRUCK ACCESS AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 10:38 p.m. 8.1 (600-30) Public Works Director Lee Thompson presented the Staff Report and advised that this agreement will ensure that the developers of the Windemere Ranch in Contra Costa County will repair damage to Dougherty Road in Dublin caused by truck trips to their site during Phase One of their project, which consists of 2,249 residential units. The developer plans to start Phase One construction in June of 2000 and this Phase is expected to last more than two years. Concurrently with the execution of this agreement, the developer shall furnish the City with a Faithful Performance Bond in the amount of C ITY COUNCIL MINUTES VOLUME-19 - REGULAR MEETING June 6, 2000 PAGE 240 • $200,000 to guarantee compensation for pavement damage on Dougherty Road.: Iri addition,the_developer will be required to reimburse all City costs to conduct random \, counts of Phase One trucks on Dougherty Road and survey the Street periodically to determine the extent of pavement deterioration: Mr. Thompson advised that the term of the agreement shall expire when construction of the Bollinger Canyon Road extension and northern access Road to the site has been completed and opened to truck traffic, or on October 31, 2001, whichever occurs earlier. The developer is required under the agreement to submit a new construction truck access plan prior to May 31, 2001, to cover the time period from June 1, 2001 through October 31, 2001 for City review and approval. Cm. Zika asked since we are adding trucks through the intersection of Dougherty Road and Dublin Boulevard, if we can change the allowed time from 4 p.m. to 3 p.m. Mr. Thompson stated this would shorten them up quite a bit. This are only 13 trucks a day projected, or 2 per hour. We're concerned that they're heavy trucks. Vice Mayor Lockhart asked where the trucks are coming from. Mr. Thompson stated most will be coming from Livermore and Pleasanton from the quarries.. : = Vice Mayor Lockhart asked about the timing on Dougherty Road with all the other projects at_the north end.-- Mr. Thompson stated they are finished up with the water line in Dublin, but had to come back and fix damage. Archstone will be coming in within the next few months, so there will be some additional work there. This project will take several years. Vice Mayor Lockhart asked if consideration was given to the speed limit on Dougherty Road and how it changes from 45 mph to 35 mph and then back up a little. She asked if we could look at these speeds with adding big trucks. Mr. Thompson stated speed studies came to the Council just a few months ago. The trucks should not go any faster than the cars. The studies are based on the 85th percentile, and we could end up with higher speeds. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 241 RESOLUTION NO.-93.= APPROVING CONSTRUCTION TRUCK ACCESS AGREEMENT WITH _ - WINDEMERE BLC LAND COMPANY LLC = :v .: A CALIFORNIA LIMITED LIABILITY COMPANY_ • and authorized the Mayor to execute the Agreement. ESTABLISH DATE FOR PUBLIC HEARING FOR PROPERTY RELATED FEES FOR GARBAGE COMPANY RATES AND ANNUAL FEES FOR MINIMUM RESIDENTIAL GARBAGE SERVICE, APPROVING AMENDMENT TO GARBAGE FRANCHISE AGREEMENT AND CONSIDERATION OF PROPOSAL TO PROVIDE 64-GALLON RECYCLING CARTS TO DUBLIN RESIDENTS 10:44 p.m. 8.2 (810-30) Management Assistant Jason Behrmann presented the Staff Report and stated in order to adjust the City's garbage rates and fees for minimum residential garbage service, a Public Hearing must be held in order to give the public a chance to comment on the proposed - changes. In addition to se tting the Public Hearing date,a Franchise Agreement Amendment is needed to clarify certain provisions of the rate setting methodology included in the Agreement. A proposal has also been submitted by Livermore Dublin Disposal to provide 64-gallon recycling carts to Dublin residents. Mr. Behrmann explained that based upon the formula in the existing agreement, the annual adjustment applies a CPI factor to Collection and Disposal costs: For the Collection adjustment, the Agreement provides that only 80% of the annual change in the CPI is applied to the Prior Year Collection Compensation. Therefore, although the published CPI factor for the period was 4.1%, the adjustment to the Prior Year Collection Compensation is 3.28% (80% of the CPI Factor). During the course of performance under the current Franchise Agreement, different interpretations have been used to determine how Prior Year Company Compensation would be calculated. In order to clarify this definition in the Franchise Agreement, Staff has drafted an Amendment, which will establish how the Prior Year Collection Compensation is calculated. This method of calculation makes a significant difference when the City is rapidly growing, and garbage subscribers are increasing. The Collection Compensation for FY 2000-2001 • under the new Agreement is $2,288,792. CITY COUNCIL MINUTES VOLUME 19 . .. , REGULAR MEETING June 6, 2000 PAGE 242 The Disposal cost is adjusted based upon two factors: 1) 100%-of the CPI for the period; and 2) estimated tonnage, which fluctuates from year to year The full CPI factor of 4.1% is a pplied to the Prior Year Base Gate Rate for Disposal. Additional fees levied by agencies in the County (Measure D, County Open Space Fee,County Inspection Fee, etc.) are then added to the base rate. The new 2000 adjusted gate rate, excluding City franchise and administrative fees, is $32.64 per ton. This amounts to a 5.8% increase over 1999. Approximately 38% of the gate rate is fees levied by agencies in the County. In order to determine total disposal costs, the new gate rate is multiplied by projected tonnage. For rate setting purposes, projected tonnage equals actual tonnage for July through February and a projection for the remainder of the Fiscal Year. The Disposal Compensation for FY 2000-2001 is $1,009,533. In addition to the Collection and Disposal Compensation calculations, the City levies franchise and administrative.fees of 14.6%. Including these City fees, total target compensation is $3,862,207. Using the current subscriber census, with the current rates and the Measure D subsidy, the Company is projected to generate $3,723,307 in revenues. This results in the need for the proposed adjustment to the rate structure to generate an additional $138,900 during FY 1999-2000, which will make up the shortfall. .. •Mr. Behrmann discussed the detailed comparison of current and proposed rates; new _ Altamont Landfill Host Community Fee; Rate Comparison to Neighboring Jurisdictions; and the Approval Process. Mr. Behrmann stated in addition to the garbage rate application process, Staff is requesting that the Council provide direction in determining whether to provide 64- gallon recycling carts to Dublin residents. In November of 1999, the City received a report by Hilton Frankopf and Hobson, which evaluated the City's progress and strategies to achieve the 50% AB939 diversion goal. One of the Report's recommendations was to provide large mixed item recycling containers to Dublin residents in order to increase diversion. The cost to provide the carts to Dublin residents is $300,300. Mr. Behrmann stated LDD has proposed two options for acquiring the carts. The first proposal is for LDD to purchase the carts, in exchange for an extension to the current Franchise Agreement. The life of the carts is five years, however, as of June 30, 2000, there will only be three years remaining on the contract. The Agreement includes a provision that grants the City the option of extending the Agreement three times up to a total of 36 months. In order to recover the capital costs of the carts, LDD is proposing that the City exercise this option and extend the Agreement through June 30, 2006. If CITY COUNCIL MINUTES VOLUME 19 = REGULAR MEETING June 6, 2000 PAGE 243 ■ the Council wishes to pursue this-option, a Franchise Agreement Amendment is required: This_option would provide the carts at no additional cost to the City or its residents; _ -- however this_would limit the City's`ability to change any aspect of the Agreement until : June 30,2006 _ The second option is for the City to purchase the carts using Measure D funds. LDD is willing to purchase the carts and accept payment(s) from the City totaling $200,000. This option is appealing because there will be no additional costs to Dublin residents, and the City's payment will come entirely from the Measure D recycling fund. In summary,Mr. Behrmann stated Staff recommended that the City Council concur with the establishment of a Public Hearing on August 1, 2000, adopt the Resolution approving the Franchise Agreement Amendment regarding the interpretation of Prior Year Compensation and provide direction to Staff regarding whether the Council would like to provide 64-gallon recycling carts to Dublin residents, and if so, authorize the City Manager to negotiate an agreement/contract with LDD to purchase 64-gallon recycling carts using the City's Measure D fund reserve, for a total not to exceed $200,000. Mr. Ambrose stated the reason we recommend the 64-gallon carts and to not extend the agreement is we don't know where we are with AB 939. We may want to take more drastic steps with our next agreement. This is almost all of our Measure D funds. There may be more flexibility in future years with recycling efforts. We are proposing a diversion study.with the new budget and expect about a $50,000 to $60,000 cost. Mr. Behrmann stated we haven't identified other Measure D projects at this time. Mr.Ambrose stated it is too early to see the results of the construction and demolition ordinance. - Vice Mayor Lockhart asked how the diversion study would work. Mr. Behrmann responded that we aren't sure who will do it, but a lot of cities are deciding that they need to do a new diversion study. We aren't catching all the diversion that's occurring in the community. Waste reduction efforts would be reported. We would look at everything that's.happening in the community and could count all this toward our diversion. Annette Borges, LDD District Manager stated she did a proposal for a 64-gallon cart and it is easy, convenient and looks nice and there is no doubt that our diversion will get better. Dr. Eugene Sing does the diversion study and he is part of the CA Integrated Waste Diversion Board. They call it AB 939 + and they come out and do audits and find CITY COUNCIL MINUTES VOLUME 19 - REGUTAR MEETING June 6, 2000 PAGE 244 out all the things_that are being recycled but aren't being counted. He is willing to come ,} and they are offering his services at no cost to the City of Dublin to help us meet our goals... Construction and demolition figures will be reported soon.=The tonnages are there _ and calculated. :Tlie-`carts could be provided by the last quarter of this year.-Theywould put a brochure in the.carts. This is the best way to go. They are also looking at reducing back strains in picking up the bins. Residents could keep the bins or sometimes people choose to give them to the schools. Vice Mayor Lockhart felt the diversion study would be a good opportunity to educate businesses. Mr. Behrmann agreed that this is a second component to the study. Ms. Borges stated it would take a year and a half to two years to complete the diversion study. Mr. Behrmann reiterated that we haven't looked at all the options for the diversion study yet. Mayor Houston stated he likes the idea of using Measure D dollars. Vice Mayor Lockhart stated she was concerned that we deplete that fund when other projects might come up where we could use the money. °� r . _ . Cm. McCormick stated she felt the 64-gallon carts will increase the waste stream :substantially. It is well worth it. On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council established a public hearing on August 1, 2000, adopted RESOLUTION NO. 94 — 00 AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE FINAL AGREEMENT BETWEEN THE CITY OF DUBLIN AND WASTE MANAGEMENT OF ALAMEDA COUNTY FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES • - directed that 64-gallon recycling carts be provided; and authorized the City Manager to negotiate an agreement with LDD to purchase the carts using the City's Measure D fund reserve, for a total not to exceed $200,000. CITY COUNCIL MINUTES • VOLUME 19 - �f REGULAR MEETING June 6, 2000 PAGE 245 Ms. Borges stated LDD will not bill until August 1st. +' OTHER BUSINESS 11:05 p.m. Mr. Ambrose reported that we have another opportunity to meet with the Contra Costa County Board of Supervisors on June 13th at 9 a.m. to discuss traffic impact fees. Vice Mayor Lockhart stated she will attend. Cm. McCormick reported that as a member of the Alameda County Housing Commission, she served on the scholarship committee and they gave 12 scholarships totaling $15,000. It was very gratifying to do this. None were given to Dublin residents; no one applied. Cm. McCormick stated she had a wonderful art trip to Tucson. She also participated in the ceremonies for the opening of the trail. Cm. Howard reported that a couple of weeks ago, she attended the League of California Cities local government day and on Monday she met with Tom Torlakson and Liz Figueroa. A lot of stuff was discussed with the legislators that day and it helped. There were things changed as a result of going up there. Vice Mayor Lockhart stated at the Iron Horse Trail ceremony, she represented Dublin and Cm. Howard and Cm. McCormick were also there representing Dublin. There were 3 golden spikes driven in the ground and Mayor Curt Kinney and she together pounded a spike into the ground. The County did one and the two cities and then East Bay Regional Park District did one. There were a lot of people trying out the trail that day and it was a lot of fun. A location is needed for the hammer and the spike. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING June 6, 2000 PAGE 246 Vice Mayor Lockhart reported on a 24-hour trip to Tucson to discuss public art projects in their community.._They went with LAVTA and they._will-be doing-a PowerPoint _--.. __-_ presentation and-a video that their staff Put together: They brought_back-some good information:_=:Their county has done a wonderful job working with the cities to provide public art. Another big component of their trip was to look at bus shelters. Hopefully we will see the presentation in the future on public art and public transportation. Mayor Houston discussed the trip to Sacramento and stated he met with Assembly Members Leach and Dutra and Senator Rainey and his issue was the return of ERAF monies to counties and cities. A direct return is not forthcoming. Some consider a better way is to send it back to cities in the form of programs. The prevailing thought up there is what they do send back will be targeted to specific programs. Some of the programs we will not be against, but this is not our choice. He discussed the information sent by • the LOCC about joining the amicus brief. They have a deadline of June 22nd to join this. Ms. Silver stated Sonoma County filed suit and alleged that it is a state mandated program and therefore there should be reimbursement. The court found in favor of the county and it's on appeal. The effect is the state would be required to reimburse counties and cities the money taken under ERAF. Mayor Houston stated he is interested in supporting Sonoma County's effort and joining in the amicus brief. Ms. Silver stated a report could be prepared for the June 20th City Council meeting. Mayor Houston stated Vice Mayor Lockhart is the City's delegate to the Tri Valley Transportation Council and he is the alternate and they both have conflicts. He stated he spoke with Cm. Zika about becoming the delegate. The group meets on the third Wednesday of the month. He requested that Staff put this on the next agenda to make a change. • CITY COUNCIL MINUTES VOLUME.1.9 - REGULAR MEETING June 6, 2000 PAGE 247 ADJOURNMENT 11:1.. . . - There being no further business to come before the Council,the meeting was adjourned at 11:17 p.m. Mayor ATTEST: City Clerk CITY COUNCIL MINUTES VOLUME 19 ... REGULAR MEETING June 6, 2000 PAGE 248