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HomeMy WebLinkAbout4.01 Draft CC 8-1-06 Min 1J MINUTES OF THE. ern' COUNCIL OF THE. ern' OF DUBLIN CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL.. ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9, subdivision b: one case II. CONFERENCE WITH LEGAL COUNSEL .. EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of case: City of Dublin v. Ralph Gil, et al- VG05241773 .. A regular meeting of the Dublin City Council was held on Tuesday, August 1, 2006, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. VOLUl\fE 25 REGULAR lVfEETING August 1, 2006 1.'\ (',}," '" ~4' .1 . J.. .J. .~~ 4. I Ii j~-b' REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no action was taken during Closed Session. .. ORAL COMMUNICATIONS Proclamation Declaring August 1, 2006, "National Night Out" 7:05 p.m. 3.1 (610-50) Vice Mayor Oravetz read a proclamation recognizing August 1, 2006, as "National Night Out" and called upon all citizens of the City of Dublin to join Dublin Police Services, the National Association of Town Watch and TARGET in supporting the 23m Annual National Night Out. Commander Gary Thuman accepted the proclamation on behalf of the Dublin Police Services. .. Public Comments 7:07 p.m. 3.2 Cm. McCormick extended greetings from Dublin's Sister City in Bray, Ireland. She had just returned from a trip with Dublin's Sister City Association. The Bray Urban District Council presented a gift of a Waterford clock to the Dublin City Council. The Bray Sister City Organization presented a gift of a Waterford vase to the City of Dublin. Their gifts will be on display in the Civic Center lobby. The Dublin City Council presented the Bray Urban Council with a green marble clock with Dublin's City Seal engraved on the front. +- VOLlJl\'lE 25 REGULAR l\fEETING August 1, 2006 PA(;E 255 3n,y CONSENT CALENDAR 7:10 p.m. Items 4.1 through 4.14 On motion of Cm. Hillenbrand, seconded by Vm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes - None; Accepted (4.2 600-35) improvements under Contract No. 05-14, Freeway Underpass Artwork Lighting, Phase 2, and authorized payment to R.A.N. Electric, less retention to be paid in 35 days if no subcontractor or supplier claims received; Accepted (4.3 600-35) improvements under Contract No. 06-01, 2005-2006 Annual Sidewalk Safety Repair Program and Curb Ramp Installation, and released retention after 35 days if no subcontractor claims; Accepted (4.4 600-35) improvements under Contract No. 06-04, 2005-2006 Annual Street Overlay Program, and released retention after 35 days if no subcontractor claims; Adopted (4.5 600-30) RESOLUTION NO. 140 -, 06 APPROVING AGREE.MENT \VITH S&C ENGINEERS, INC., FOR CONSTRUCTION ^1ANAGEl\1ENT SERVICES FOR THE 1-5890/FALLON ROAD INTERCHANGE II\1FROVL\tENT PROJECT Adopted (4.6 600-60) RESOLUTION NO. 141- 06 APPROVING FINAL 1\1AP AND TRACT 11\1PROVEi\1ENT AGREE1V1ENT FOR TRACT 7645 and RESOLUTION NO. 142 -- 06 ,\CCITTING L\RKLANP DEDICATIO.'\ J\ND CREI"ITS FOR TRACT 76.+5 VOLU1\IE 25 REGULAR MEETING August 1, 2006 .1>. .\. (' I;' , -i. i . T"...:'\. LI~ Adopted (4.7 600-60) }\f:SOLUTIC't\;'\C'l, 14:i ('It; ,\FPR("VING fI0JAL .\lAP ,'\ND TRACT L\1I'Rl"'1VL\lEr\T .\GREL\lENT FOR TRACT 7G44 and RESOLUTION NO. ] 44 --, 06 ACCEPTING PARKLAND DEDICATION AND CREDITS FOR TRACT 7G44 Approved (4.8 600-35) Budget Change in the amount of $6,412.00, and accepted improvements constructed under Contract No. 06-02, Fire Station 16 Repairs, and released retention after 35 days to RoSa Construction if no subcontractor or supplier claims received; Adopted (4.9 350-20) RESOLUTIOr\ NO. 145-' OG AUTHORIZING STAfF TO ENTER INTO A PROCURL\1ENT AGREE~lENT \VITI-Il\rlPC-G, LLC (NIicron) FOR ALL-TN -ONE DESKTOP COI\1PUTERS Received (4.10 320-30) City Treasurer's Investment Report for 4th Quarter 2005-2006; Waived second reading and adopted (4.11 450-20) Directed (4.12) Staff to review the City's Conflict of Interest Code to determine if there is a need to update the Code; VOLlTIVIE 25 REGULAR l\tEETING August 1, 2006 PAGE 2~7 <- , ,i, t) '~~ i ; \...> Adopted (4.13 600-30/670-20) RESCHJ'TIOi\' NO, J4t; OG APPROVING PURCHASE AND SALE AGREE1\1ENT \VITH CR^L\:-115, INC.~ AND KBH INVESTi\1ENTS, LLC FOR THE PURCHASE OF PORTIONS OF PROPERTY IN FEE LOCATED AT 6363 THROUGH G451 SCARLETT COCRT and RESOLUTION NO. 147 -- 06 FIXDING THAT PARCEL <<D" IS AN UNECONOi\1IC REi\1NANT PARCEL, DECLARING THIS PARCEL SURPLUS, AND AUTHORIZING SALE OF PARCEL "D" Approved (4.14 300-40) the Warrant Register in the amount of $4,176,149.92. .. WRITfEN COMMUNICATIONS - None .. PUBLIC HEARINGS Public Hearing Dublin Village Historic Area Specific Pian and General Pian Amendment 7:12 p.m. 6.1 (410-55/420-30) Mayor Lockhart opened the public hearing. A letter was submitted to the City Council prior to the meeting from George B. Speir, Law Offices of Miller Starr Regalia, who represented Berkeley Land Company, Inc., owner of the Dublin Square Shopping Center located at 11759 Dublin Boulevard, in which the Berkeley Land Company requested that the City Council reject the plan and permit its property to be redeveloped. VOLlJl\IE 25 REGULAR lVlEETING August 1, 2006 PAGE 258 ~Q{ 11.~I~t 19~1 112 ~ ~ r;Jfl~~\'>> {o DO I~ Senior Planner Kristi Bascom presented the Staff Report and advised that the project included consideration of a Specific Plan and related General Plan Amendments for the Dublin Village Historic Area, which consisted of approximately 38 acres of land generally located northwest of San Ramon Road and 1-580. The Specific Plan area included commercial, residential, public, and business park/industrial properties surrounding the intersection of Donlon Way and Dublin Boulevard. Mayor Lockhart noted that there had been conversation as to whether the City would want to explore the possibility of taking over the maintenance and control of the Alamilla Springs, which was included in the Historical District, and asked if this would be the appropriate time to include the discussion. City Attorney Elizabeth Silver advised that part of the Specific Plan described the Springs as an important cultural and biological resource, and that the City should consider working with the property owner to renovate the remnant of the Springs and honor its historical significance and that the City should work in partnership with property owner to study the feasibility of restoring the Springs to its natural state. If the City Council adopted this Specific Plan, then City Staff could contact the property owner and talk to them about how that might occur. One thing that the City could suggest would be a maintenance easement over the property, which would allow the City to maintain the Springs. This would not require any additional action by the Council because the adoption of the Specific Plan included steps along those lines. Ms. Bascom advised that one of the follow-up measures of the Specific Plan Implementation Plan was to conduct that feasibility study, so it was already folded into the overall plan. Cm. McCormick noted that the Staff Report indicated that the Planning Commission recommended the inclusion of three other parcels next to the area, which might delay this process by 3-6 months. If the Council moved forward with this plan tonight, could the other three parcels come back at another time? Ms. Bascom indicated that the Council could direct staff to process an amendment to the specific plan. The parcels in question were on the corner of Hansen Drive and Dublin Boulevard. Georgean Vonheeder-Leopold, representing Dublin Historical Preservation Association (DHPA), advised that the DHPA currently owned two parcels, but only one was included in the Specific Plan. She asked what was the plan for the other parcel. i -r'["~~ VOLllI\fE 25 REGULAR MEETING August 1, 2006 P,.\CE 259 '7~, Ms. Bascom advised that one of the parcels currently had a land use designation Parks & Recreation, so Staff was not recommending a land use change on that parcel. Mary Beth Acuff, Dublin resident, urged the Council to get control over the Alamilla Springs, as well as the setback. The Heritage & Cultural Arts Commission had talked about using that setback area as part of the City's parks and recreation area as, perhaps, a small walking park with an historical designation. Bill Schaub, Planning Commission Chair, advised that the Planning Commission felt that the additional three parcels should be included in the Specific Plan so the Plan did not finish in the middle of a road, but was completed to the other side so the entire area became part of the vision. He complimented Planning Staff for putting together an excellent planning document. Mayor Lockhart closed the public hearing. Cm. Zika made a motion to adopt the Resolutions. Cm. Hildenbrand seconded the motion. Vm. Oravetz asked if the Council needed to include the inclusion of the three parcels in this future in this motion. Cm. McCormick stated that it would be important to include those parcels and should be included somewhere in the motion, but expressed concern about delaying this action. City Attorney Silver advised that the Council's intent was clear to Staff and it need not be included in the motion. Staff would bring the issue back for the Council to formally initiate the General Plan process for those three parcels. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 148 -- 06 ADOPTING THE ^,lITIGATED NEGATIVE DECLARATION AND A .\ \ITIGATIl')N ;\\l')NIT()RING PROGRAM FOR Tin: DUBLIN \'I1.L\GE I'HSTORIC AREA SPI:ClfIC PLAN PROJECT, PA 0:2 -07-\. and VOLlJ1\JE 25 REGULAR lVlEETING August 1, 2006 PAGE 260 l I' RESOLL'TION i':L'). ].+9 Lit) ,\PPR()\,lNl; TIlE Pt'13LIi': YILLAGE 11lST(")RIC AREA SPEClnC PLAN AND RELATED GENERAL PLAN J~\1END1\1ENTS .. Public Hearing Parks and Recreation Master Plan May 2006 Update 7:31 p.m. 6.2 (920-30) Mayor Lockhart opened the public hearing. Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the City Council would consider the Parks and Recreation Master Plan May 2006 Update, which reflected proposed changes resulting from the anticipated adoption of the Specific Plan for the Donlon Way Area. Ms. Lowart advised that the Resolution would be modified to reflect that it would not be effective until the effective date of the resolution approving the Dublin Village Historic Area Specific Plan and related General Plan Amendments. Cm. Zika noted that we have included as part of our park calculations the lands around the elementary and middle schools. Ms. Lowart advised yes, in the primary planning area, not in the eastern Dublin area. Cm. Zika asked what the difference was. Ms. Lowart advised that, when the original Parks & Recreation Master Plan was done, there was an existing Joint Use Agreement with the School District only for those schools in the primary planning area and they helped to increase the parks planned so the City could justify the amount of parkland being requested of the new development. When the Eastern Dublin Specific Plan and General Plan were done, Staff purposely said that school acreage would be included in meeting the parkland deficit. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. -~: VOLUl\lE 25 REGIJLAR l\'lEETING August 1, 2006 PAGE 261 , ' I On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanimous vote, the Council adopted RESL"'U ~Tf01'\ NO.1 Sl)- e'l) ADOf''TING THE PARKS AND RECREATION lV1ASTER PLAN 1\11A Y 2006 LWDATE as modified to reflect that it would not be effective until the effective date of the resolution approving the Dublin Village Historic Area Specific Plan and related General Plan Amendments. .. Public Hearing Dublin Historic Park Draft Master Plan 7:35 p.m. 6.3 (295-10) Mayor Lockhart opened the public hearing. Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that the City Council would consider the Dublin Historic Park Draft Master Plan, which provided for expansion of the existing Dublin Heritage Center and provided a plan for phasing of the improvements. Aditya Advani, Royston Hanamoto Alley Abey (RHAA), made a brief presentation outlining the draft Dublin Historic Park Master Plan and discussed the refinements planned as a result of Council's direction, as well as detailed components and phasing plan. Mayor Lockhart asked if there was enough flexibility in the plan to accommodate the Kolb Family Home, which was currently located in Dublin Canyon, to be added as a feature to the Historic Park if it were donated to the City. Mr. Advani advised that the plan was very flexible, but the addition would need to be further examined to see if it was possible to accommodate the structure within the park. City Manager Ambrose asked Mayor Lockhart if she was thinking of that in lieu of the pavilion building. VOLV}\fIE 25 REGULAR }\flEETING August 1, 2006 I..) ;\(.'1;' "'6':' ."'\... J.~.t _ .. 10 ' ' I ( fti) . {, Mayor Lockhart stated possibly, or as another addition to the museum pieces that showed early life in the Valley. It was a remarkable home from the late 1800s and was approximately 1,400 square feet. It may be something that came up in the future and it would be a shame if the park was so built up so that it would preclude accepting an historical treasure, if it were offered. Cm. Zika noted that there was an interim park development cost of $2.2 million, and asked if the park was developed in one fell swoop, rather than phases, would the $2.2 million be eliminated. Mr. Advani advised that it would eliminate just a small portion because the interim cost included the parking lot and significant demolition costs. Mayor Lockhart closed the public hearing. Ms. Lichtenstein advised that the Resolution would be modified to reflect that it would not be effective until the effective date of the resolution approving the Dublin Village Historic Area Specific Plan and related General Plan Amendments. On motion of Cm. Zika, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 151 -- 06 ADOF'TINl; THE DUBLIN HISTORIC PARK l\\ASTER PLAN as modified to reflect that it would not be effective until the effective date of the resolution approving the Dublin Village Historic Area Specific Plan and related General Plan Amendments. .. UNnNISHED BUSINESS Determine Date/Time of Ethics Training Set Forth in AD 1234 7:50 p.m. 7.1 (640-45) City Clerk Fawn Holman presented the Staff Report and advised that, at its February 2006 meeting, the City Council determined that the current legislative bodies, City Manager, City Attorney, and designated Staff (excluding consultants and those ending service by January 1, 2007) would receive training in October 2006 to comply with AB 1234, the '''"~~';'--F, '::~, VOLU1\cl}~ 25 REGULAR lVlEETING August 1, 2006 PA(;E 263 I \ " I .~f) ; ~>. Local Government Sunshine Bill, as it pertained to mandatory 2-hour ethics training for local agency officials on a bi -annual basis. The Council discussed the potential training dates and determined that Monday, October 9th from 5:30 p.m. -' 7:30 p.m., in the Council Chambers would be appropriate for the mandatory ethics training. .. NEW BUSINESS Directional Signing for Use of Proposed BART East Dublin Station/Koll Center Park and Ride Lot Van Shuttle Service by the Livermore-Amador Valley Transit Authority 7:56 p.m. 8.1 (570-40) Public Works Director Melissa Morton presented the Staff Report and advised that, in order to improve availability of parking at the BART East Dublin Station, the Livermore- Amador Valley Transit Authority (LAVTA) planned to initiate a new route connecting the BART Station with the City of Dublin's Park and Ride Lot located in the Koll Center at the intersection of Tassajara Road and Dublin Boulevard. The service was proposed to begin in August 2006. Staff recommended the installation of additional directional signing in the vicinity of the Park and Ride lot in order to assist patrons in locating the lot. The Council discussed the benefits of the new service route. On motion of Vm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council directed Staff to install directional signs as shown on the directional signing layout, and continue coordination with LAVTA as needed in order to implement the shuttle service route. .. ornER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AD 1234) 8:01 p.m. 9.1 City Manager Ambrose invited the community to attend the dedication of the new exhibit at the Old Murray Schoolhouse on Saturday, August 5th from 1:00 - 4:00 p.m. at the Heritage Center. VOLU~lE 25 REGULAR MEETING August 1, 2006 I) ,\ (' '" (i ,1 , ,J .., J"'t ~fJlJ. 1~~~~ ~ '3l, ~'" , --2 ,I. ' i~) : t, Cm. Zika advised that he had attended the League of California Cities Mayor and Council member Forum in Monterey last week, and outlined the many interesting sessions he attended. They received a recap of the June primaries and its impact on women in elected positions. Unfortunately, the speakers presented it in a negative manner instead of in a positive and uplifting light. Cm. Hildenbrand advised that she had also attended the League Conference, and agreed with Cm. Zika's comments regarding the speakers on women in elected positions. Mayor Lockhart advised that she attended a dinner where the guest of honor was the President of Ethiopia. A group from the Valley Christian Church were hosting him during his visit to the Tri - Valley. She presented him with a marble clock on behalf of the City Council. Mayor Lockhart indicated that the Council would be attending the Dublin Historical Preservation Association's gala event on the evening of Friday, August 4th, which was the kick-off event to the dedication of the new Old Murray Schoolhouse exhibit, and invited the community to attend the open house on Saturday, August 5th. .. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:06 p.m. Mayor ATTEST: City Clerk .~ , - VOLlJIVIE 25 REGULAR'MEETING August 1, 2006 .1).:\ (" I:' '6~ c.. _ _J. __'" ._ _ ."" ~~' 111. ~l l~~ .1) fJO'Q,~~