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HomeMy WebLinkAbout06-19-2001 Adopted CC Minutes REGULAR MEETING - June 19, 2001 A regular meeting of the Dublin City Council was held on Tuesday, June 19, 2001, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Lockhart, McCormick, Oravetz, Zika, and Mayor Houston. None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEES 7:07 p.m. 3.1 (700-10) New employees were introduced: Dora Sotelo, Part-Time Office Assistant I and Henry Siu, Recreation Coordinator (Teens) in the Parks & Community Services Department and Jeri Ram, Planning Manager. APPOINTMENT 7:11 p.m. 3.2 (110-30) Three applications were received for the student member to the Parks & Community Services Commission. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council confirmed the Mayor's appointment of Catie Hootman to the Commission for a one-year term. Ms. Hootman said she is happy to be on this Commission and to give input regarding all that is happening. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 234 PRESENTATION BY DUBLIN UNIFIED SCHOOL DISTRICT 7:13 p.m. 3.3 (610-50) Items combined. REPORT ON COMPUTERS FOR OUR SCHOOLS TECHNOLOGY PROJECT 3.4 (515-60) DUSD Superintendent John Sugiyama stated many have had a variety of experiences with technology. Technology is here to stay and it will open new frontiers of knowledge for our children. He acknowledged the generosity of the City Council in donating $150,000 for the computer program and stated they wished to share some of the fruits. Katina Lewis, Dublin High School Technology Coordinator and Department Chair of Science put together a presentation. She also distributed hard copies of the presentation, as well as CD's. Dr. Sugiyama spoke about a National Model Schools project that was started at Wells Middle School; Generation WHY. Drew Estrada, a 5th grader and teacher Shawn Cartmell put together a PowerPoint presentation, South Park. Nielsen 4th grader Matt Johnston and teacher Laurie Howe also put together a PowerPoint presentation, Whales. Mayor Houston commented on the education grant received from the state. Dr. Sugiyama stated they now have 1,200 computers on their network so it is about 3.3 students per computer. This is one of the lowest numbers in the state. Students are using the computers constantly. He thanked the City for its very generous contribution. It is making a difference. Vice Mayor Lockhart asked how Dougherty School is doing. Dr. Sugiyama stated they did allocate computers and when the facility is completed in mid-July, they will be put in. He has been in education for 30 years and it is very unusual for a city and school district to have such a good relationship. We all have challenges to deal with, but for the City to consistently provide support is a rare thing. He thanked the City for this support on not only the computer project, but all the joint projects such as building the Stager gym, completing the DHS athletic fields, etc. Good CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 235 education is good for the community. They expressed their appreciation by presenting a small token of appreciation to the City. DUSD Board Members Tanya Clark, and Norbert Hudak, were present and it was reported that Denis King and Eric Swalwell were out of town. Board President Kevin Hart stated on behalf of the generous contribution, on behalf of the Board of Trustees, he presented a glass trophy/plaque to the City Council. PROCLAMATION 7:36 p.m. 3.5 (610~50) Mayor Houston read and presented a Proclamation recognizing and congratulating the Dublin High School Boys Varsity Volleyball Team for their 2001 North Coast Section Class 4 Championship. Head Coach Mike Thurlow accepted the Proclamation and individual certificates of recognition were presented to the team, which included: Mike Thompson, Chris Forney, John Westerlund, Brandon Nash, Julius Ybarra, Mike Wolfe, Esteban Hernandez, Nick Breitbart, Scott Heath and Chris Pedersen. Coach Thurlow stated it has been a pleasure for him to coach this team. Not only are they a fine volleyball team, but they are gentlemen and fine human beings as well. 7:46 p.m. Don Babbitt, 11626 Regio Court stated this year he did make use of technology at the high school. They designed a website for their 30 year class reunion. He has lived here for years and followed in his father's footsteps. He now has a small home building company. He has been reading about affordable housing. His concern was about putting 15% on a new homebuilder. He stated he has been so busy he has not had a chance to put comments in writing. He spoke about what the fees were in 1994 when he built his first new house in Livermore. He referenced a newspaper article. He discussed Livermore's requirements and stated somehow, the fees have to be passed on to the home buyer. He stated ff he were Toll Brothers, he would be sweating because they've bought their land. This is a societal issue. A lot of paper profit is being made. We can't just keep throwing this on to the new homebuilder. We need to solve this as a society and we should look at profits that have been made by the community. He referenced the Summerhill project in Pleasanton. He distributed his business cards and stated he would be willing to sit down with the City Council and discuss this topic. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 200'1 PAGE 236 CLOSED SESSION 7:54 p.m. 10.1 (640~30) CONFERENCE WITH LEGAL COUNSEL ~ EXISTING LITIGATION ~ Government Code Section 54956.9(a) ~ Name of Case: City of Dublin v. Michael Dolan, et al~ Alameda Superior Court No. V 019300~7. REPORT ON CLOSED SESSION ACTION At 8:06 p.m., the public meeting reconvened with all Councilmembers present. Mayor Houston announced that no reportable action was taken. CONSENT CALENDAR 8:06 p.m. Items 4.1 through 4.25 Cm. McCormick pulled Item 4.3 and Vice Mayor Lockhart pulled Item 4.24. 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 June 5, 2001; Adopted (4.2 600~60) RESOLUTION NO. 81 -01 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 6925 (DUBLIN RANCH, PHASE I) Adopted (4.4 700-20) RESOLUTION NO. 82- 01 AMENDING THE CLASSIFICATION PLAN (JOB DESCRIPTIONS) Administrative Aide, Secretary to the City Manager/Deputy City Clerk, Administrative Technician, Secretary, Senior Office Assistant, Office Assistant !/11, Senior Finance Technician, Finance Technician IIII and CITY COUNCIL MINUTES VOLUME £0 REGULAR MEETING June 19, 2001 PAGE 237 RESOLUTION NO. 83 - 01 AMENDING THE SALARY PLAN Administrative Aide, Secretary to the City Manager/Deputy City Clerk, Administrative Technician, Secretary, Senior Office Assistant, Office Assistant IIII, Senior Finance Technician, Finance Technician IIII Authorized (4.5 140-20) the Mayor to sign the Ballot approving the League of California Cities Bylaws Amendment related to dues increase to implement Grassroots Coordinator Network; Authorized (4.6 210-30) the expenditure of $18,719 for work scheduled during FY 1999-2000 at the Shannon Center for a Communications System Upgrade, with work completed in FY 2000-01 and approved Budget Change; Supported (4.7 630-10) the Alameda County Registrar of Voter's request to support new touchscreen voting system; Accepted (4.8 150-70) gifts for Teen Programs (Dub Town Jam) and Playground Programs (After School Recreation); directed Staff to prepare formal acknowledgments to donors; and approved Budget Change; Adopted (4.9 600-30) RESOLUTION NO. 84- 01 APPROVING AMENDMENT TO AGREEMENT WITH TRi-VALLEY JANITORIAL SERVICE FOR CITY FACILITIES JANITORIAL SERVICES Adopted (4.10 700-20) RESOLUTION NO. 85- 01 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES and RESOLUTION NO. 86- 0t ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 238 Adopted (4.11 600-$0) RESOLUTION NO. 87 - 01 APPROVING AMENDMENT TO AGREEMENT WITH MCE CORPORATION FOR PUBLIC WORKS MAINTENANCE SERVICES and authorized the Mayor to execute the Amendment; Approved (4.12 140~50) a $300 Budget Change to reimburse DPIE for student artwork presented to Dublin's Sister City; Adopted (4.13 600-30) RESOLUTION NO. 88 - 01 APPROVING IMPROVEMENT AGREEMENT FOR IMPROVEMENT OF DUBLIN BOULEVARD, AMADOR PLAZA ROAD, AND REQUIRED SITE IMPROVEMENTS (SAFEWAY, INC.) and authorized the Mayor to execute the Agreement; Authorized (4.14 720~40) the City Manager to transmit a letter to ABD Insurance & Financial Services requesting membership in Municipality Pool/Delta Dental Program and adopted RESOLUTION NO. 89- 01 AMENDING THE BENEFIT PLAN DENTAL PROGRAM Adopted (4.15 600- 60) RESOLUTION NO. 90 - 01 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENTS FOR TRACT 6962, 6963 & 6964 (DUBLIN RANCH, PHASE I - NEIGHBORHOOD M-I, M-2 & M-3) Received (4.16 330~50) the Financial Report for the Month of May 2001; CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 239 Adopted (4.17 600-30) RESOLUTION NO. 91 -01 APPROVING AMENDMENT TO THE AGREEMENT WITH PERMCO ENGINEERING & MANAGEMENT FOR CONSULTING SERVICES and authorized the Mayor to execute the Amendment; Adopted (4.18 600-30) RESOLUTION NO. 92 -01 APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH BSK & ASSOCIATES and authorized the Mayor to execute the Amendment; Adopted (4.19 600-30) RESOLUTION NO. 93- 01 APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH BERLOGAR GEOTECHNICAL CONSULTANTS and authorized the Mayor to execute the Amendment; Adopted (4.20 360-50) RESOLUTION NO. 94- 01 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 and RESOLUTION NO. 95- 01 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 240 Authorized (4.21 600-30) the Mayor to execute an Agreement with ACS Desktop Solutions, Inc., to provide Citizen Relationship Management Services; Adopted (4.22 600-60) RESOLUTION NO. 96 -01 RELEASING LETTER OF CREDIT SECURING TRACT DEVELOPER AGREEMENT FOR TRACT 7148 Adopted (4.23 360-20) RESOLUTION NO. 97- 01 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) and RESOLUTION NO. 98- 01 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR L&L MAD 83-2 (TRACT 4719) Approved (4.25 300-40) the Warrant Register in the amount of $1,309,483.24. Cm. McCormick pulled Item 4.3 related to the 'Spare The Air' banners and stated Dubliners will see these banners out on the street pretty soon. They will be around the City and she encouraged people to do whatever they can to spare the air. On motion of Cm. McCormick, seConded by Cm. Zika, and by unanimous vote, the Council approved (4.3 350-20) the banner design of BAAQMD Spare The Air banners and proposed installation from mid~July through September. Vice Mayor Lockhart pulled Item 4.24 related to the Commercial Recycling Program and stated she had questions of Annette Borges. Ms. Borges advised that within the next couple of months a report should be put together and it looks like Dublin will be above 50% with its diversion rate. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 241 Vice Mayor Lockhart asked about the commercial food stream program. Ms. Borges stated they are going to do a pilot program here. They will try to segregate restaurant food waste. They are doing this in the Oakland area and it seems to be working, but they will need to do education first. Vice Mayor Lockhart asked how this will affect Measure D and our overall landfill numbers. Ms. Borges stated as our haulers, they will keep track of the numbers, regardless of where it goes. Vice Mayor Lockhart referenced a lot of incentives in grant programs, and asked if Staff could agendize a summary of these incentive programs. There are programs that would be beneficial for the schools, as well as residents. Mr. Behrmann stated Staff could provide this information. On motion of Vice Mayor Lockhart, secOnded by Cm. McCormick, and by unanimous vote, the Council approved (4.24 600~ 30) the City's mitigation grant funds to subsidize the Commercial Recycling Program and authorized the Mayor to execute the Agreement. REQUEST FROM DUBLIN WOMEN'S CLUB FOR WAIVER OF USE FEES FOR THE DUBLIN CIVIC CENTER 8:13 p.m. 5.1 (200-20) Parks & Community Services Director Diane Ix>wart presented the Staff Report and advised that the Dublin Women's Club is requesting that the fees for use of the Dublin Civic Center be waived for a Community Leadership Education Workshop scheduled for Saturday, October 27,2001. At this Workshop, approximately 50 10th grade students from Dublin High School, California High School and Valley Christian High School will be provided with the opportunity to develop leadership skills and to learn about the democratic process. Use of the room would be for approximately 5 Vz hours and if the City were to charge the Women's Club, the revenue generated would total approximately $11o. On motion of Mayor Houston, seconded by Cm. Oravetz, and by unanimous vote, the Council agreed to waive the fees for use of the Civic Center for a Community Leadership Education workshop scheduled for Saturday, October 27, 2001. CITY COUNCIL MINUTES VOLUME 9.0 REGULAR MEETING June 19, 2001 PAGE 242 STREET LANE IMPROVEMENTS ON VILLAGE PARKWAY BETWEEN DAVONA DRIVE AND WINEBERRY WAY 8:15 p.m. 7.1 (820-20) Public Works Director Lee Thompson presented the Staff Report and advised that as part of recent traffic signal installation on Village Parkway ~ Davona Drive, City Staff implemented a temporary measure to allow motorists to make a safe U-turn using the available travel lanes on the southbound approach of this intersection. With the introduction of the traffic signal at this location, the leftmost southbound lane could no longer be used safely as a shared lane to accommodate simultaneous through and U-turn movements. Mr. Thompson stated Staff was proposing two design alternatives for consideration to construct permanent improvements. Alternative 1 would replace approximately 190 feet of an existing median island on Village Parkway with a southbound U-turn lane at Davona Drive. This improvement would include widening the east side of the intersection opposite Davona Drive to allow larger vehicles to complete the U-turn maneuver without interruption. The southbound lanes would also be reconfigured to two through-lanes approaching Davona Drive. The estimated cost for Alternative 1 is $149,000. Alternative 2 would replace approximately 205 feet of an existing median island on Village Parkway with a southbound left/U-turn at a mid-block location between Davona Drive and Wineberry Way. This turn lane would provide a direct left-turn access into the northerly driveway of the church and also allow U-turns for accessing the medical office building. Only minor traffic signal modifications would be required at Village Parkway/Davona Drive as part of this improvement alternative. However, the church's northerly driveway would need to be widened by approximately 10 feet to allow larger vehicles to complete the U-turn maneuver without interruption. The estimated cost for Alternative 2 is $115,000. The Staff Report indicated that the Church Bishop stated the church would prefer Alternative 2. In comparing Alternatives 1 and 2, Staff felt that Alternative 1 would provide a more orderly, fully protected U-turn movement through the signalized intersection at Village Parkway/Davona Drive. The left/U-turn lane in Alternative 2 would provide a more direct access to the church and medical office building, but would be opposed by oncoming northbound traffic on Village Parkway. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 243 Mr. Thompson advised that in summary, Staff felt that safety associated with southbound access to the existing land uses on the east side of Village Parkway would be greater under Alternative 1, even though it would be more costly to the City. Cm. Oravetz clarified that under Alternative 2, they would not be able to make a U-turn at the light. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council directed Staff to proceed with the development of a Capital Project for the implementation of the selected improvement alternative, alternative 1. URGENCY ORDINANCE - MORATORIUM ~ HISTORICAL DISTRICT STUDY 8:19 p.m. 8.1 (410-20) Associate Planner Andy Byde presented the Staff Report and advised that the Council established as a high priority, the development of plans for a historical district designation on the Donlon Way area. Several City owned historical resources are located within this area, including: Old St. Raymond's Church, the Old Murray School House, and the Dublin Pioneer Cemetery. The Green Store, although it has been significantly altered from its original form, can also be described as a historical resource. The Community Development Department recently received an application for a Site Development Review proposing to redevelop the property known as the Dublin Square (Plumbery), with a new, three-story, 89,000 square foot office building. The existing bank building would remain, while the existing retail building would be demolished as a result of the proposed project. Mr. Byde advised that Staff is concerned that without knowing the desire of the City Council in relation to the establishment of a historical district designation on the Donlon Way area, that the proposed 89,000 square foot office building may negatively impact the historical district designation. If the City Council determines that the proposed project may negatively impact the anticipated historical district designation, the Council should adopt an interim Ordinance, which would impose a moratorium on any entitlement that would allow the modification of properties within the Donlon Way area. The Ordinance would take effect immediately if adopted by a four-fifths vote of the Council and State Law limits the initial term of the Ordinance to 45 days. If the Council determines that the proposed project will have no negative impact on the anticipated historical district designation, no action is necessary. Cm. Oravetz asked if this property is for sale. He also asked if the Planning Commission has seen this yet. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 244 Mr. Byde responded no, it is not for sale. The Planning Commission has not considered it yet. Cm. Oravetz asked if the Berkeley Land Company is aware of our historical study. What is the property worth right now? Cm. Zika asked if the bank is on a ground lease? Mr. Byde stated yes. Mayor Houston asked if the property is zoned for office building. Mr. Byde responded yes, it is consistent with the General Plan as well as the zoning. Steve Lockhart, 7458 Oxford Circle, stated he is the incoming president of DHPA and was present to ask the Council to have vision. The City took over the major historical sites 4 or 5 years ago and we now have a unique opportunity to expand the heritage center to a heritage district. We could expand this to bring in historic buildings from the east and to link all the historical sites in one historic district. If we lose this now, we will never have it back again. He asks tonight to find a way to look to the future to preserve the past and look at how we can do this. Mary Beth Acuff, 8048 Via Zapata, stated she also remembers 6 or 8 years ago when the City became the owners and redevelopers of the historic district and appointed a heritage committee to help oversee and do planning and work with Parks & Community Services Commission to give some vision and ideas to that area. She rememberd being fired up along with Mary Jane Hyde with ideas. She is still waiting for the storage building to be built on the site and stated she hoped it will be built before she dies. She learned that things take place in small steps. Somehow they had to find a way to make the whole area a retro~area for Dublin. We were the first people to create a community in this whole area. Wouldn't it be great if we could get a hotel that would use the area for a merchantile company or with a stagecoach motif. This is a small step opportunity that we can take to persuade people that by combining the private and public sector we can produce a dynamite historic area that will be the envy of everyone. All we've got to do is sell it. We could partner with the private sector and excite them with the idea of a retro hotel. Mike Mikulich, General Manager of the Berkeley Land Company, 1211 Newell Avenue, Walnut Creek, stated they have owned this property for over 30 years. They would like to show their vision of what the area should represent. He is sympathetic with the other surrounding properties. They are dismayed about this meeting. They approached City CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 245 Staff in early February with their elevations and about historic significance and were encouraged to submit their development plan. He did not receive any written notification that this meeting was to take place and that this was on the agenda. The Berkeley Lane Company attempts to be a good neighbor in the community. They are headquartered in Walnut Creek. They have undertaken a number of studies for the highest and best use of their property for the last several years. They finally settled on the office scenario as the best use. They would like to work with the City and with the historical folks. They respectfully request that we recognize their rights as property owners. They feel they have been singled out, probably because they've submitted their plan and $30,000 in fees to the City. Cm. Oravetz asked if the property is for sale. Mr. Mikulich responded no, it is not. They have had multiple offers in excess of $3 million. Brendan Koon, BLC architect, spoke of their vision for the property and stated they work in many historical districts. Downtown Sonoma in the square was a recent project they completed. He discussed the process they have been through in the last 6 months. One of the first things they questioned was whether this was in a historical area. They presented their site plan and 3 perspectives of the building in February. They were encouraged by Staff to go ahead and submit their drawings. They continued to design and make the project better. He pointed out some considerations they made in the site plan and building. He showed slides of the existing building, and their proposal, which would place the office building more in the center of the site. They will provide a good amount of the parking under the building and out of site. There will be a good amount of landscaping between the site and the cemetery. There will be increased views of the Heritage Center from both Dublin Boulevard and Donlon Way. A picture of the building they envision was shown. They feel their design is tasteful and appropriate for the site. Cm. Zika asked how much traffic the office building would generate compared to retail. Mr. Byde stated retail generates a higher amount than an office use. It probably won't be significant, but with different peak times. Cm. Oravetz asked if they would be willing to sit down with the historical society and look at a building that would blend with the historic district such as a merchantile or hotel. Mr. Mikulich stated certainly, but unfortunaely, this is not something they would want to touch with a ten foot pole. He doesn't have a problem sitting down with them, but CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 246 whether this would benefit both parties is questionable. There are certain economic consequences to everything. They are good neighbors and have volunteered their property on a number of occasions. Cm. Oravetz asked if we offered them $3 million for their property, would they consider this? Mr. Mikulich stated they have been offered this amount a number of times. This particular site was originaly selected for transport of milk products because of its location. The Sabatti family almost never sells property. Cm. Zika asked if they would consider a mixed use of residential and retail? Mr. Mikulich stated they've considered a number of uses. He met with Mr. Peabody years ago and the second suggestion to come up was office. They own no residential property. They have looked at a number of issues and feel there's more bang for your buck with office uses. Cm. McCormick mentioned the comment that the Sabatti family never sells. She stated she assumed they never donate either. Mr. Mikulich stated they have made a number of endowments and are large contributors to a number of charities. They are extremely generous. He stated he would be happy to open up a dialog with them with regard to some need. With respect to the use of the land, he stated he cannot speak for them. Cm. McCormick Stated she had not heard about this timeframe. Mr. Byde clarified the timeframe. They met with Staff in February and showed their project and discussed consistency with zoning and the Gl". Since that time, he did not believe there had been any conversations about them coming in with a large office building. Vice Mayor Lockhart stated they were not being singled out from other properties other than they were ready for a change. The idea was to start a historic district as uses change. They could have checked with the climate of the community related to this area. The use they feel is the highest and best use is not always the same as is felt the highest and best use for the community. DHPA and Mary Beth, as well as the Heritage & Cultural Arts Commission and the Council would like to have an oportunity to speak with the Sabatti family as well as them. She requested that the Council support the moratorium in order to give an opportunity to sit down and discuss the issues. They are CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 247 not being picked on; they have done this in the past in the community. This is an appropriate time to have these discussions with the landowners. She agreed that once it's gone, it's gone and we won't have another chance. Cm. Oravetz asked why we need to put on a moratorium when Mike says he is willing to talk. He stated he opposed Measure M a few months ago because of property rights issues and he will oppose the moratorium. Mayor Houston stated he would like to keep this out in the open with regard to what the Council wants and what is the vision. He would like to find out what is expected. What is the best use for the City. It sounds like old Sacramento. Cm. McCormick stated she supports the moratorium because the groups don't yet have an idea of what should happen. This is the reason for asking for a delay. This is demeaning for all of them. There has not been an opportunity since the March meeting to talk about the historic district. Vice Mayor Lockhart stated it will be done in public. It could be a public workshop in the next 45 days. If indeed it doesn't work and pencil out, they still have the opportunity to come back with their project. This project isn't going to go anywhere in the next 45 days anyway, so what is the harm in doing this. The Council asked about the timeframe for this project. Mr. Byde stated because this project is consistent with the zoning, in 30 days we would determine project completeness and then we have 60 days for the environmental review phase and then an additional 60 days to make a decsion on it. Cm. Oravetz stated he did not feel we need a moratorium. We can still have a workshop and sit down and talk. Vice Mayor Lockhart commented the Council could appeal the project when it comes forward. Cm. McCormick stated a big square building with a few trees around it is not what you put in a historic district. We need to do a moratorium. She reported that she got an e- mail today from a woman who said she has to trust the City Council to protect their neighborhoods and our heritage. She urged her colleagues to vote for this moratorium. Mayor Houston questioned the liability to the City for downzoning property. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 248 Ms. Silver stated as long as there is an economic use to the property, it is not considered a taking. Mayor Houston stated several years ago when there was a shortage of grocery stores, it was determined that retail is dead on that side of San Ramon Road. We probably can't change the market. He asked how long is it estimated that this historic overlay will take. Mr. Byde stated depending upon priorities, it could be kicked off sometime in the fall and from there, it would probably be at least a year. Cm. Zika stated he felt they would not get their 4/5 majority vote, and assuming that fact, he stated he would not vote in favor of the designed office building. This is a modern building and this is an historic area. It it gets appealed to the City Council, he stated he would vote against it. He would rather see mixed use residential and retail. We have to have some kind of balance with jobs and housing. We keep building office. We can only absorb so much commute and so much office building. We need to have a place for these people to live. We've made changes around the City as necessary. We have to make a balance. He would vote for a moratorium and was reluctant to vote for a building. Maw Beth Acuff asked if the Council was aware of the economic value of tourism. She stated she would love to sit down with Berkeley Farms and talk about this. There is a great deal of potential there and it doesn't have to be retail. If you look at an old town area, there is a lot of housing that could be developed, along with retail and along with crafters and other things. On motion of Mayor Houston, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council tabled this item until the next City Council meeting in order to give the applicant a chance to determine if they wish to proceed with this project or any project at all. This will allow the applicant to decide what they want to do and to have any constructive meetings they see fit. RECESS 9:22 p.m. Mayor Houston called for a short recess. with all Councilmembers present. At 9:37 p.m., the Council meeting re. convened CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 249 LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 TRACT 5511 (DOUGHERTY ROAD) PRELIMINARY ENGINEER'S REPORT 9:37 p.m. 8.2 (360~20) Public Works Director Lee Thompson presented the Staff Report and advised that this assessment district funds the cost of landscaping maintenance and utility costs for streetside landscaping along portions of Dougherty Road, Amador Valley Boulevard, Wildwood Road, Fall Creek Road and Willow Creek Drive. This action would approve the preliminary Engineer's Report for this assessment district and set the date and time for a required public meeting (July 17th) and a required public hearing (August 7th). The assessment is proposed to be increased by approximately 54%, ($130.64 per single- family home and $65.32 per multi~family dwelling) as the maintenance and utility costs have exceeded the assessment for a number of years, and the reserve has become depleted. Property owners would receive a mailed notice and ballot for the purpose of voting on the proposed increase prior to the time of the public hearing. Should the vote be negative with regard to the proposed increase, the assessment would remain the same as in prior years, with the consequence that the level of service may need to be reduced. Mr. Thompson stated it is further proposed to add an escalation clause to the Engineer's Report that would allow increases in future years based on the Consumer Price Index rate of increase and actual increases in utility costs. A slide was shown indicating the revenue, the expenditures and the reserves. Vice Mayor Lockhart asked if this is just the west side of Dougherty Road. Mr. Thompson replied yes. Cm. Zika asked if it is sufficient under Proposition 218 to just send a card. Mr. Thompson discussed this and the process. Cm. Oravetz stated he would abstain from voting, as he is a homeowner in the district. On motion of Mayor Houston, seconded by Cm. Zika, and by unanimous vote (Cm. Oravetz abstained), the Council adopted RESOLUTION NO. 99- 01 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASESSMENT DISTRICT 86-1 (TRACT 5511) CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 250 and RESOLUTION NO. 100- 01 A RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2001-02 PRELIMINARILY APPROVING ENGINEER'S REPORT, PROVIDING FOR NOTICE OF HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO (Public Meeting July 17th and Public Hearing August 7th (~ 7:00 p.m.) Cm. Oravetz abstained. AFFORDABLE HOUSING IMPLEMENTATION PROGRAM (AHIP) POLICIES AND GUIDELINES FOR USE OF THE CITY OF DUBLIN INCLUSIONARY HOUSING IN-LIEU FEES FUND 9:46 p.m. 8.3 (430-60) Senior Planner Carol Cirelli presented the Staff Report and advised that the purpose of adopting guidelines and procedures for the AHIP is to establish guidelines and criteria under which the in-lieu funds shall be leveraged or used for each of the four affordable housing programs adopted under the AHIP: Acquisition-Rehabilitation; New Construction of Affordable Multi-Family Units; Down-Payment Assistant; and Rental Assistance. Ms. Cirelli advised that Staff will return at a later date with specific policies, fees, amendments and incentives information related to the City's'Inclusionary Regulations as directed by the City Council at its June 5th meeting. The policies and guidelines for the use of inclusionary fees may be subject to change based on any future inclusionary zoning regulation changes. Mayor Houston stated based on their discussion at the last meeting, this is different than the discussion last time. Acquisition/rehabilitation opportunities that come up, there needs to be some timely manner that applicants can qualify to incorporate this as part of their offer. If this is bureaucratic, the unit might be sold to someone else due to delays. Cm. Zika pointed out he felt if they know a municipality is involved, the Price may go up. He would like to stay out of this process if possible. Vice Mayor Lockhart stated we need to have some kind of a fast track policy. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 251 Ms. Cirelli stated it could be stipulated that whenever the Community Development Department is approached, Staff should bring it to the Council as soon as possible. Cm. Oravetz commented he felt the Housing Czar position which was recently discussed should be the key contact. This position is in the budget. They would work with the City Manager and be the point person. Mayor Houston commented there should be some type of allocation and it doesn't need to come before the City Council. The housing person or the City Manager should be able to just act. Cm. Zika asked about prototype RFPs which would say these units are on the market. A public housing group could say here are your policies and here's what we're looking for. We could somehow set up a network showing apartment houses that are up for resale that might fit the program. Ms. Cirelli read from the guidelines. Vice Mayor Lockhart stated she felt once we come up with the guidelines, they will find US. Mr. Ambrose stated the question before the Council is how we spend our money. We could come before the City Council each year and indicate how much we propose to use for various projects. We would have to have an agreement and this could be delegated. The key is to establish the guidelines and look at how big the envelope is. Cm. McCormick stated conceivably, it could come back as a Consent Calendar item. Mayor Houston stated he felt we need to be creative with how we design units. We need to be more flexible with our zoning and our architecture to get more units and get more for our money. Cm. Zika asked about the standard for apartments being 2 bedrooms/2 baths and asked if we could go with 2 bedroom/1 bath. Ms. Cirelli clarified that architecture applies more to the outside of the unit and the materials used. You don't want to see a difference between market units and affordable units. Mayor Houston stated he felt architecture deals more with size. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 252 Ms. Cirelli stated the units can be smaller, but architecturally, they should blend with market rate units. Ms. Silver referenced the current Ordinance, which states units can be smaller in size and have fewer amenities than market rate units. Cm. Zika referenced the top of page 5, last sentence. The Council talked about increasing the percentage at the last meeting. He stated he would like the sentence removed. Mr. Ambrose explained the need for the sentence. They can't use money in our pot to build the units. He discussed saying they have to have units rather than pay in-lieu fees. Cm. Zika asked about a per unit cost and what are we talking about? Ms. Cirelli discussed this. When projects come in, we need to look at whether this project is feasible and efficient and that dollars are being appropriately used. Cm. Zika talked about HUD's maximum costs being $223,000. We may have to consider. He does not like the word "not" in the sentence above. Vice Mayor Lockhart pointed out the per unit costs could be more if we are building senior housing or disabled/special needs housing. It would be fine if there is an efficiency test we can put with this. Mr. Ambrose explained the intent of Staff in putting this paragraph in. The Council brought up some good points and Staff will take them into consideration when doing comparisons. Ms. Silver suggested adding "in relation to other similar projects". Cm. Zika stated he likes term of affordability. On page 4, he questioned what happened to moderate? Suggestion was to scratch the word "above". With SB 910, we could be assessed a penalty for not meeting ABAG's assigned numbers. Vice Mayor Lockhart asked if it would be better to use the percentages of the median incomes. Cm. Zika stated he would like to change the figures to indicate that about half of the units are in the moderate category and we have only about 20% in this group. He would suggest changing the percentages to reflect the numbers that ABAG has assigned to us. Low would be about 30%, very low 20%, and moderate 50%. Using the numbers Very Low 796 30%; Low 531 20%; Moderate 1441 50%. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 253 On page 5, Cm. Zika discussed "... priority shall be given..." and he suggested putting in somewhere "... integrated with market rate units". Mr. Peabody advised that there are certain senior programs that funding goes for small projects that are all affordable. Cm. Zika stated we could put in "where applicable". Mr. Ambrose asked to go back to reconstruction issue, and he questioned the relevance of percentages unless we tell someone they have to build a certain number in each group. The purpose is just to identify the categories and these are our own targets. Staff can rework and clarify this. The listed percentages were the premise under which we collected the money. Overall, the money we've collected should be spent based on 40%/40%/20%. Mayor Houston talked about changing the percentages. Cm. Zika stated he felt the more money you put into low, the fewer units you get because they are heavier subsidized. He stated he wished he had some numbers to look at. The Council agreed to make the change to agree with ABAG numbers. Vice Mayor Lockhart referenced page 5 of 8 that says ":30 years". She understood there are tax credits for 55 years. Cm. Zika explained that the tax credit runs out in 15 years and if you violate the agreement, they can pull your tax credit. He discussed State of California requirements. Vice Mayor Lockhart questioned why we don't just say 55 years. Fremont is doing 99 years. Vice Mayor Lockhart stated in looking at #:3 she is not comfortable with the wording. Could we just say residents who live or work in Dublin? Ms. Cirelli stated this wording was taken from the Housing Implementation Program that the Council approved. Vice Mayor Lockhart felt if they work in Dublin, we should be able to get them to live in Dublin. "Individuals who live or work in Dublin for a period of one year" CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 254 Ms. Silver read from the Ordinance the definition of Dublin resident, and they have to have worked here for one year before application. Mayor Houston discussed a pilot program in San Jose, which has a priority for teachers and public safety people as well. Come up with the same language for both groups on pages 3 and 4. Use the list on page 4 for page 3. On #3 say residents or workers of Dublin. Mayor Houston stated he would rather see priority for Dublin residents. Add 'qive or work". These would have the same priority. Vice Mayor Lockhart on page 5 toward bottom # 1 the word "and" should be changed to "or". Page 6 CDBG add to end of sentence "use them related to housing and housing related services". Barbara Tella, 7833 Creekside Drive, stated she has lived here since 1960, and appreciates the Council's concern and energy. This is a monumental task. It is a shame we haven't kept up with the criteria as we've built in Dublin. People who don't necessarily have the jobs listed also need affordable housing. We have been remiss and she stated she was happy to see the Council take a step forward in this. She challenged the Council to take a leadership role in the Valley and in California in taking care of all of their community. Cynthia Morse, 6929 H Lake Drive, stated the Council is really working on including everybody in this. She reported that she has done a lot of research on this in the last few weeks. She is happy we will have a housing specialist taking care of this. She picked up a brochure, East Bay Indicators from the Council's office and referenced statistics from this publication. Tri-Valley Visitor's Guide and Dublin City Newsletter were also referenced as was DPIE brochure. Business would definitely benefit from all this. The biggest problem right now will probably be ~NIMBY". She heard tonight several mentions of fairness. She is glad that the City Council is representative of City government and the health of the community is the overall concern. Fairness has to cut both ways. It's not fair to have to decide if you will have groceries or gas. The in-lieu fees seem like they are the biggest part of this whole jigsaw puzzle. The Council directed Staff to make the changes discussed and put it back on the consent calendar. CITY COUNCIL MINUTES VOLUME 20 REG'ULAR MEETING June 19, 2001 PAGE 255 AMENDMENT TO RULES OF CONDUCT FOR MEETINGS OF THE CITY COUNCIL I0:52 p.m. 8.4 (610-20) The Staff Report explained that Staff reviewed the logistics and ramifications involved with changing the starting time for regular Council meetings from Z'OO p. m. to 6:00p. m. Starting time, meeting location, order of agenda, and other issues which apply to the conduct of City Council meetings are established by Resolution. Resolution No. ~$~ ~6, which currently applies, was adopted in ]uly of I ~6. The Staff Report discussed the implications of noticing both the Dublin Housing Authority (DHA), which meets on the third Tuesday of the month, and the City Council meetings to begin at 6:00 p.m. Staff also looked at starting the DHA meetings at 5:30 p.m., moving DHA meetings to another evenin~ and starting City Council meetings at 6:SOp. re. If DHA meetings are left at 6:00 p.m., set up problems would be incurred by both CTV30 and the City Clerk in starting City Council meetings at 6:30 p.m. Also considered was the possibility of chan$ing the agenda order to move closed session items as the first order of business. Should the Council so direct, closed sessions could be noticed to begin at 6:SOp. re., with the regular meeting time left at 7.'00 p.m. This would minimize impacts on the public. With regard to an effective date for changes, Staff recommended a minimum of GO days, or the first September Council meetin~ due to public hearfng notices and/or items currently in the pipeline which may have already been noticed~ and to also give DHA appropriate lead time in the event of a need to adjust schedules. Staff requested that the Council discuss the various options and provide appropriate direction with regard to: 1) Day and Time of Dublin Housing Authority Meetings 3) Starting Time for Council Meetings $) £ffective Date of ?otential Changes 4) Any Changes in the Council Agenda Order Mayor Houston stated he had been trying for 9 years to get the Council meeting time changed to 6:00 p.m. He favors moving DHA to another night. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June t9, 2001 PAGE 256 Cm. McCormick spoke for commuters and people trying to get home, have dinner and get here to speak, hear or comment on agenda items. She stated she felt 6:00 p.m. is way too early. She stated she also has a problem scheduling a meeting on another night. She questioned the need to change this when it isn't broken. She asked how this will benefit the people in Dublin. Mayor Houston responded that the Council would get the people's business done earlier. Meetings used to be at 7:30 p.m., and this is ridiculous. Commuters could come to the meeting and have dinner later. He stated he generally doesn't eat until after the meeting. Vice Mayor Lockhart stated she felt one of the things that extend the meetings is the Council getting up in the middle of the meeting and going into Closed Session. This leaves everyone in the audience to their own devices and makes the Council look bad. She stated she likes the idea of starting the meetings at 6:$0 p.m. with a Closed Session being first, and then start the business of the City Council at 7:00 p.m. Cm. Zika made a motion, which was seconded by Cm. McCormick to leave the City Council meeting start time at 7:00 p.m. Cm. Oravetz stated he was fortunate in that shortly after being elected, he received a promotion at work, which increased his work hours. He stated he would be all for starting the meetings at 6:00 p.m. It should be the public that tells the Council what they want. We should try it for a while and see how it works. Vice Mayor Lockhart made a substitute motion, which was seconded by Mayor Houston, and passed by majority vote to: 1) leave DHA meetings at 6:00 p.m.; 2) start Closed Sessions at 6:$0 p.m.; and $) have regular meetings at 7:00 p.m. Cm. Zika voted against the motion. Mr. Ambrose asked if the Council wished to start the regular meetings at 6:30 p.m., if there are no Closed Session items. The response was yes, this would at least give them a half hour earlier start time. OTHER BUSINESS 11:00 p.m. Cm. Mccormick stated she had received a couple of comments from people in the community saying they are sick and tired of the way Fandangos looks and it's time to get aggressive with this. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 2001 PAGE 257 Mr. Ambrose stated Staff can look at this under the guise of the Property Maintenance Ordinance. Commercial buildings may be a public nuisance. A report will be brought back at the next meeting. The project at the center will be brought to the Council at the July 3~d meeting. Cm. McCormick advised that she had a request from a resident of Davona Drive to put the speed indicator trailer on Village Parkway, a couple of blocks before Davona. Mr. Ambrose stated Staff would contact the resident to clarify the exact location. Cm. McCormick asked questions about DHA and how the meetings get cancelled. They haven't met since April 3rd. Who cancels and why? Mayor Houston stated he cancels them. Ms. Basgal typically calls him and if there are no action items, he makes the determination. Cm. McCormick requested that Staff review the bylaws. Tenants have a right to come and comment on items, even though they are information only. Vice Mayor Lockhart stated the residents of Arroyo Vista have a history of complaints about communication. Cm. Zika commented that at a previous meeting an ordinance doubling in-lieu fees wasn't acted on and it will now be some weeks or months before this is enacted. We should double the fees and come back to the next City Council meeting. Mr. Ambrose clarified that Staff will bring this issue back to the Council at its July 17th meeting. Cm. Oravetz asked if a date had been decided for the live call-in show on CTV30. He advised that he will be out of town July 30th, but the second potential date, August 6th works for him. The Council selected the date of August 6th for the next live call-in show. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June t9, 2001 PAGE 258 Cm. Oravetz stated he wanted to give kudos to two residents: Jeff Krinko, a 2000 graduate of Dublin High School, was drafted by the Cincinnati Reds and John Skinner, a 1997 graduate was drafted by the Florida Marlins. He congratulated both Jeff and John and their families. Mayor Houston stated he neglected to read earlier in the meeting, a statement left by Jeff Gebel 6561J Cottonwood Circle, about the 7~Eleven store approved for Dougherty Road at the corner of Amador Valley Boulevard. '7 believe the proposed plans for the 7~£1even to be a big mistake. As a prospective home buyerplanning to raise a family in the area, the 7-£1even would cause me to look elsewhere. I don't believe it would serve the residents at all. Please call me if you would like to speak further. Thanks, Jeff Gebel~ concerned resident" ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:10 p.m. ATTEST: Mayor CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING June 19, 200t PAGE 259