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HomeMy WebLinkAbout04-19-2005 Adopted CC Min 1tE.6ULAIt ME.E.TIN6 -APRIL 19. 2005 A regular meeting of the Dublin City Council was held on Tuesday, April 19, 2005, 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, Zika and Mayor Lockhart. None. ABSENT: · PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. · PROCLAMATION DESIGNATING APRIL 25 - MAY 1, Z005 AS MOSQUITO AND VECTOR CONTROL AND WEST NILE VIRUS AWARENESS WEEK 7:05 p.m. 3.1 (610~50) Mayor Lockhart presented a proclamation designating the week of April 25 - May 1, 2005 as Mosquito and Vector Control and West Nile Virus Awareness Week to Jim Kohnen, Dublin representative on the Mosquito Abatement Board and John R. Rusmisel District Manager, Alameda County Mosquito Abatement District. Mr. Rusmisel advised that 2005 would be a big mosquito year in the area because of the heavy rain season and outlined ways that residents could reduce the mosquito population in their yards in order to reduce the spread of West Nile Virus. · PRESENTATION BY POUCE SERVICES ON THE CRIME PREVENTION UNIT 7:12 p.m. 3.2 (580-40) Community Safety Assistant Rose Macias presented the Staff Report and provided a brief overview of the Crime Prevention Unit and describe the major crime prevention CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 167 programs currently in place that are available to those who live and/or work in the City of Dublin. . CONSENT CALENDAR 7:25 p.m. Items 4.1 through 4.6 On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Adjourned Regular Meeting of April 4, 2005, and Regular Meeting of AprilS, 2005; Adopted (4.2 600-30) RESOLUTION NO. 59 - 05 APPROVING UTIUTY RELOCATION AGREEMENT WITH SPRINT COMMUNICATIONS COMPANY FOR THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENT PROJECT Adopted (4.3 600-60) RESOLUTION NO. 60 - 05 APPROVING TRACT 7Z83 nNAL MAP, TRACT IMPROVEMENT AGREEMENT AND IMPROVEMENT AGREEMENT FOR REAR YARD LANDSCAPING and RESOLUTION NO. 61 - 05 ACCEPTING IN UEU PARKLAND DEDICATION FEES AND CREDITS FOR TRACT 7283 Adopted (4.4 600·35) RESOLUTION NO. 62 - 05 AWARDING CONTACT NO. 05-04, SENIOR CENTER FURNITURE, TO ONE WORK PLACE CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 168 Authorized (4.5 600-35) Staff to advertise for bids for Contract No. 05-05, 2004-2005 Annual Street OVerlay Program; Approved (4.6 300-40) the Warrant Register in the amount of $1,368,453.89. . REQUEST FROM THE MOUNT DIABLO ROSE SOCIETY FOR FEE WAIVER UNDER THE CIVIC CENTER FACIUTY USE FOUCY 7:25 p.m. 5.1 (200-10) Public Works Director Melissa Morton presented the Staff Report and advised that the Mount Diablo Rose Society is offering to provide caretaking services for the City's rose garden at Emerald Glen Park, as well as pruning demonstrations and instruction, in return for a fee waiver for use of the Civic Center for monthly meetings and the Annual Rose Show. Barry Hoffer, President of the Mount Diablo Rose Society, thanked the Council for its consideration of their offer of stewardship of the roses in return for facility fee waivers. It would be a mutually beneficial arrangement. Dolores Moffatt, Consulting Rosarian for the Mount Diablo Rose Society, outlined the services that the Society would provide the City in exchange for waived facility fees. Vm. Zika asked the Rose Society to keep the Public Works Department apprised of any special needs the roses might require, such as dusting, and inquired as to whether there was time available in the Regional Meeting Room to accommodate the Society's request. Advertising the Society's pruning seminars and Rose Show in the City's recreation brochure would also be a good idea. Public Works Director Morton advised that the Public Works Department would work with the Rose Society to keep abreast of the health of the roses. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by unanimous vote, the Council granted the fee waiver for use of the Civic Center for the Annual Rose Show and monthly meetings in return for caretaking services of the City's rose garden at Emerald Glen Park. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 169 REQUEST FOR FUNDING FROM CHIW ABUSE LISTENING, INTERVIEWING AND COORDINATION CENT£R SERVICES (CAUCO> 7:35 p.m. 5.2 (580-40) Police Chief Gary Thuman presented the Staff Report and advised that CALICO is a multidisciplinary forensic interview center that provides a supportive environment for interviewing children and facilitates a collaborative response to child abuse in which the needs of the child take precedence. CALICO is requesting a funding contribution in the amount of $2,300 for IT 2005-06 for services provided to City of Dublin victims of child abuse. Karen Meridith, Alameda County District Attorney, explained how the County and Child Protective Services worked together with CALICO and the abused children during the interview process and encouraged the Council to fund the program. Vm. Zika requested that CALICO provide more background and statistical information to the Council during next year's budget cycle, if they planned to make another funding request. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council approved funding request and authorized inclusion of $2,300 in IT 2005~06 Budget. . REQUEST FOR SUPPORT FOR THE U. S. MAYORS CLIMATE PROTECTION AGREEMENT 7:49 p.m. 5.3 (530-10) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the U.S. Conference of Mayors was encouraging cities in the United States to support the U.S. Mayors Climate Protection Agreement by adopting a resolution committing to reduce global warming pollution, both in municipal operations and in the community. The City Council will consider adopting a resolution that included those commitments that the City of Dublin could support. Mayor Lockhart noted that many of the items listed in the sample resolution were things Dublin was already accomplishing. This would be an opportunity for cities that were CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 170 already working toward climate control to let Congress to know what they were accomplishing and that it would not be such a giant step to join the Kyoto Protocol. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 63 - 05 ENDORSING THE U.S. MAYORS CUMATE PROTECTION AGREEMENT and authorized the Mayor to sign the U.S. Mayors Climate Protection Agreement. . REQUEST FROM THE ALAMEDA COUNTYWIDE HOMELESS CONTINUUM OF CARE COUNCIL TO CONTRIBUTE FUNDING TOWARDS A HOMELESS MANAGEMENT INFORMATION SYSTEM (HMlS) 7:54 p.m. 5.4 (430-20) Housing Specialist Julia Abdala presented the Staff Report and advised that the HCCC was requesting funding from all cities in Alameda County in order to provide a required 20% match to a grant that HCCC received from the U.S. Department of Housing and Urban Development (HUD) of $384,000 for FY 2005-2006. The grant was received to fund the new HUD-mandated Homeless Management Information System. Megan Schatz, Alameda Countywide Homeless Continuum of Care Council, gave a brief presentation on HCCC's mission and encouraged the Council to support their efforts to implement the new HUD-mandated Homeless Management Information System. Vm. Zika requested that, in the future, more background and statistical information be submitted to the Council with funding requests. Ms. Schatz advised that the new system would provide the City with exactly that type of information. On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council approved funding to the Alameda County-Wide Homeless Continuum of Care Council; and approved Budget Change in the amount of $1 ,946. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 171 PUBUC HEARING NONRESIDENTIAL DEVELOPMENT AFFORDABLE HOUSING IMPACT FEE ORDINANCE AND FEE RESOLUTION, PA 01-039 8:01 p.m. 6.1 (430-80/390-20) Mayor Lockhart opened the public hearing. Associate Planner Pierce Macdonald presented the Staff Report and advised that on October 19,2004, the City Council directed Staff to proceed with preparation of a draft Fee Ordinance and/or Fee Resolution for the provision of affordable housing related to commercial development in the City. An ordinance establishing the impact fee and two fee resolutions have been prepared for City Council consideration. One resolution, would not exempt 'pipeline projects.' The second resolution would exempt 'pipeline projects.' Pipeline projects were defined as final project applications deemed complete before the effective date of the Resolution. Staff recommended that the City Council introduce the Ordinance adding Chapter 7.86 of the Dublin Municipal Code establishing a Nonresidential Development Affordable Housing Impact Fee; and take action on one of the following items: a) adopt Resolution adopting a Nonresidential Development Affordable Housing Impact Fee Amount for Future Development in the City of Dublin without Exemptions - OR - b) adopt Resolution establishing Nonresidential Development Affordable Housing Impact Fee Amount for Future Development in the City of Dublin with Exemptions. Ms. Macdonald further advised that of the 45 property owners sent a public hearing notice, only one developer, Mike Durkee with IKEA, had commented via phone call that they did not know how much the fee was going to be. Mayor Lockhart advised that she had received a fax just prior to the Council meeting from IKEA stating that they did not believe that they were subject to the fee because of their Development Agreement. Ms. Macdonald advised City Attorney had proposed additions to verbiage in the third paragraph of both resolutions to fully state: ({Whereas, in Auguslj 2001 the City undertook a study to prepare a I'eport on nonresIdential development as linked to increased demand for affordable housing. The report, entitled City of Dublin Nonresidential Development Affordable Housing Impact Fee Study, has been updated by City Staff as of March 25, 2003, and is herein as Exhibit A ({lleport"). The Üfy relies upon and incorporate the Report; and" CITY COlJNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 172 Ms. Macdonald advised that Staff was also recommending a change to the Staff Report to correct the footnote in Chart 3-1, page 13, found in Attachment 4. "Services & Accommodations" in Chart 3-1 should have a footnote of "4" instead of "5." Footnote 4 should reference "Services & Accommodations" instead of "Hotel/ Arts & Entertainment." This change was needed to reflect changes made to the fee category names and descriptions in the updated Fee Study. Cm. McCormick referred to IKEA's statement that they were not subject to the fee because of their Development Agreement, and noted that there were Development Agreements associated with several of the listed pipeline grou ps. City Attorney Elizabeth Silver advised that any associated Development Agreements had been reviewed and the footnotes on the pipeline project list indicated if a project might be subject to the fee. Whether or not lKEA was subject to the fees was not material to the Council's action tonight. Staff had attempted to indicate which projects would potentially be subject to the fee if the Council went with the recommendation to include the pipeline projects. The fee would not be effective until 60 days after adoption. Additionally, a project would be exempt from the fee if it were to get its building permit before the fee was effective because the Council adopted a resolution in 2001 which allowed the Council to require payment of a fee if it was adopted before a building permit was pulled for these types of projects. City Manager Ambrose noted Staff did not anticipate receiving a construction schedule from IKEA until after their Board of Directors meeting in May. The Council and Staff engaged in a discussion about the current business climate compared to this time last year and agreed that large-scale office was not being built at this time. Vm. Zika advised that he would not support the resolution with exemptions because those facilities provide the jobs that require affordable housing. Cm. Oravetz asked the City Attorney about the potential of being sued by the pipeline projects if the fee was adopted. City Attorney Silver advised that, if the Council adopted the resolution that included pipelíne projects, the developer would need to submit an argument in writing for review. It could be that they would not be subject to the fee; although, at this time it is her opinion that all pipeline projects were subject to the fee. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 173 Cm. Hildenbrand stated that those businesses in the pipeline should be exempt as a matter of fairness, as with the proposed Condominium Conversion Ordinance in which the property owners with current condo maps would be exempted. Additionally, small business owners of 20,000 square feet or less might not be able to afford additional fees and should be exempt as well. Mayor Lockhart expressed concern about how the fee would affect small businesses going into the downtown area and agreed that an exemption for businesses with 20,000 square feet or less should be considered. Cm. McCormick indicated that many of the businesses of 20,000 square feet or less, such as restaurants, employed people who needed affordable housing the most. Council and Staff discussed the proposal to exempt businesses of 20,000 square feet or less, as well as the status of the current priorities in the Affordable Housing Implementation Plan. The general consensus was that there had been significant progress with the implementation plan. No testimony relative to this issue was entered by any member of the public. Mayor Lockhart closed the public hearing. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika and Cm. McCormick opposed) the Council waived the first reading and INTRODUCED the Ordinance adding Chapter 7.86 of the Dublin Municipal Code establishing a Nonresidential Development Affordable Housing Impact Fee and directed Staff to revise the resolution to exempt all projects in the pipeline and as well as future businesses of 20,000 square feet or less city-wide and bring both items back for Council consideration at its May 3, 2005 Council meeting. . RECESS 8:35 p.m. Mayor Lockhart called for a short recess. At 8:40 p.m. the meeting reconvened with all Council Members present. . CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 174 FUBUC HEARING CONDOMINIUM CONVERSION ORDINANCE REGULATING THE CONVERSION OF EXISTING APARTMENTS IN THE CITY TO CONDOMINIUMS 8:40 p.m. 6.2 (430-20) Mayor Lockhart opened the public hearing. Associate Planner Jeff Baker presented the Staff Report and advised that on February 1 , 2005, the City Council held a public hearing and reviewed the Planning Commission recommendation regarding condominium conversion. At that meeting, the Council raised concerns about the proposed ordinance and directed Staff to do further analysis. At its March 1, 2005 meeting, the Council reviewed a series of policy alternatives to address the concerns raised at the previous meeting and directed Staff to modify the proposed ordinance accordingly. The City Council will now consider the adoption of a Condominium Conversion Ordinance to regulate the conversion of existing residential apartment units held in single ownership to for-sale condominiums. Cm. Oravetz asked if public housing, specifically Arroyo Vista, were to be redeveloped to condominiums, was subject to the Condominium Conversion Ordinance and would the City of Dublin be subject to pay the relocation fee to the current residences. Housing Specialist Julia Abdala briefly explained the relocation requirements that would be required for public housing residents in the event that they were displaced. City Attorney Silver advised that the Housing Authority, not the City, owned Arroyo Vista. If the Housing Authority was considering the demolition of the existing buildings and construction of new buildings, it would not fall under the definition of the Condo Conversion Ordinance because it would not be taking an existing unit that was rented and converting it to a condominium. No testimony relative to this issue was entered by any member of the public. Mayor Lockhart closed the public hearing. Vm. Zika stated that he would oppose the ordinance because a third of the units were exempted. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 175 The Council discussed annual conversion percentages and a majority agreed to start at 7% annually, with the understanding that the percentage could be reviewed in the future and adjusted accordingly. The Council discussed the proposed financial relocation assistance and agreed that it should be based on average rent, although the payment should be paid 30 days prior to termination instead of the suggested 1 5 days. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika opposed), the Council waived the first reading and INTRODUCED the Ordinance regulating the conversion of existing apartments in the City to condominiums with relocation assistance payments to be made 30 days prior to termination and a 7% annual conversion limit. . AUTHORIZATION TO APPLY TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDING TO DEVELOP A CITY-WIDE BICYCLE MASTER PLAN 9:14 p.m. 8.1 (930-20) Public Works Director Melissa Morton presented the Staff Report and advised that the City of Dublin has submitted the City-Wide Bicycle Master plan proposal for Transportation Development Act Article 3 funding which is available for certain pedestrian and bicycle projects. Upon approval by the MTC, funds in the amount of $45,144 would be available for this project in Fiscal Year 2005-2006. The development of a City-Wide Bicycle Master Plan has been identified as one of the City Council's high priority Goals & Objectives. Included in the Plan is an evaluation of existing bicycle conditions and the development of an integrated plan that would incorporate access to parks and open space areas. Mayor Lockhart asked if it was too late for pedestrians to be included in the plan. Public Works Director advised that the intent of the Master Plan was to incorporate bicycle and pedestrian coordination. Council and Staff engaged in brief question and answer session regarding the process and project costs. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 176 On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 64 ~ 05 APPROVING REQUEST TO THE METROPOUTAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF nseAL YEAR 2005-06 TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3, PEDESTRIAN/BICYCLE PROJECT FUNDING . OTHER BUSINESS City Manager Ambrose advised the community that Dublin Pride Week kicked off last Saturday with a great Volunteer Clean-Up Day, and commended Staff, especially Jason Behrmann and Toni Walker, for doing an excellent job. The Council discussed Dublin Pride Week and agreed that Saturday's event was a huge success. Staff and those who volunteered, including the Lions Club, were to be commended. The nature walk was led by a naturalist from East Bay Regional Park District and was very educational. The E-Waste event would be held next Saturday. Cm. Oravetz advised that he would attend a Livermore-Amador VaHey Transit Authority meeting and a League East Bay Division meeting this week. Vm. Zika discussed his recent attendance at a Planning Conference. Traffic calming ideas were discussed which he felt our Traffic Engineer should follow up on. Form-based zoning, a new concept in Planning, was also discussed. This concept encompassed many of the ideas Dublin has talked about regarding villages and pedestrian use. San Ramon has hired the impenitent expert to re-do their plan, and he requested that the expert be hired to meet with the Dublin Council, Planning Commission and Staff to discuss how the concept worked. Cm. McCormick advised that she attended the Earth Summit sponsored by the Go Green Initiative. . Mayor Lockhart advised that she had received a request today from Assemblymember Johan KIehs for a letter of support of AB 1623 from the City Council before April 25. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 177 City Attorney Silver advised that the Mayor could make a motion to add this item to the agenda, along with a statement that the need to take action arose after the agenda for this meeting was posted and it must be acted u ponbefore the next regular meeting. The motion to add the item to the agenda required a 4/5 vote. The item could be discussed after it was added to the agenda. On motion of Mayor Lockhart, seconded by Cm. McCormick and by 4/5 vote (Vm. Zika opposed) the Council added the following item to the agenda as an emergency item based on the fact that it was received after the agenda was posted and needed to be responded to before the next regular meeting: CONSIDERATION OF LETTER OF SUPPORT - AB 1623 9:25 p.m. 9.1 (800-30) Mayor Lockhart advised that Assemblymember Klehs was requesting a letter of support of AB 1623, which would add up to a $5 fee on motor vehicle registration in certain counties. The fee would raise up to $5 million, which would go to local Congestion Management Agencies for environmental impacts of motor vehicles, as well as management of traffic congestion, the SMART corridor, interchange improvements, HOV lane construction and/or improvements, and storm water runoff projects. Cm. Oravetz advised that he had not had the opportunity to read the report and did not feel that he had enough information to make an intelligent decision. Vm. Zika advised that he had read the back up material, and expressed concern that there was no agreement as to how the funds would be allocated. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika and Cm. Oravetz opposed) the Council authorized the Mayor to execute a letter of support for AB 1623. Cm. Oravetz expressed a desire that the letter of support show that he and Vm. Zika opposed the request. .. Mayor Lockhart advised that she had also received today a request for support from Assemblymember Klehs for AB 1612, Cigarette Butt Pollution and Litter Reduction Bill, and requested that the item be placed on the next regular agenda for consideration. .. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 178 @,JOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:31 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk ATTEST: (%1 -Iff.{ 'f d ~ \C& 'd:~~ .~ CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING April 19, 2005 PAGE 179