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Home My WebLink About08-02-2005 Adopted CC Min !tEGULAR MEETlHG - AUGUST 2. 2005 . CWSED SE$SION A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (b)(I) Facts and Circumstances: Government Code Section 54956.9, subdivision (b)(3)(B) - CIP Project # 96920 2. PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957 Title: Community Development Director A regular meeting of the Dublin City Council was held on Tuesday, August 2, 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 C1\I.I. PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart. ABSENT: None. .. FLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. REPORT ON CWSED SESSION ACTION Mayor Lockhart announced that there was no action taken during Closed Session. .. CITY COUNCIL MINIJTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 300 ,.¡ ,.....ï:J 7:05 p.m. Valerie Barnes, CTV Boardmember, introduced CTV 30's new Executive Director Glen Davis. Mr. Davis introduced himself and provided a brief overview of the many changes in store at CTV 30. On August 1st, CTV began digital service, which provides a sharper picture. CTV also plans to improve the present stock of programs and develop new programs. The Council congratulated Mr. Davis on his appointment and concurred that the digital enhancements are a great improvement. .. CONSENT CALENDAR 7:08 p.m. Items 4.1 through 4.9 On motion of Vm. Zika and seconded by Cm. Hildenbrand and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of July 19,2005; Adopted (4.2 600-40) RESOLUTION NO. 158 - 05 APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FOR FISCAL YEAR 2005-2006 Adopted (4.3 350-40) RESOLUTION NO. 159 - 05 DECLARING SURPLUS EQUIPMENT And authorized Staff to proceed with transfer of property to Nationwide Auction Systems pursuant to the current agreement; Adopted (4.4 600-30) RESOLUTION NO. 160 - 05 APPROVING CONSULTING SERVICES AGREEMENT WITH ASSOCIATED ENGINEERING CONSULTANrS, INC., FOR CONSTRUCTION INSPECTION SERVICES CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGR 301 Adopted (4.5 410-40/600-60/670-95) RESOLUTION NO. 161 - 05 APPROVING PARCEL MAP 8524 AND IMPROVEMENT AGREEMENT (TRIAD DUBLIN GATEWAY, L.P.) RESOLUTION NO. 162 - 05 APPROVING QUITCLAIM OF ABUTTER'S RIGHTS ONTO TASSA]ARA ROAD (TRIAD DUBLIN GATEWAY, L.P.) RESOLUTION NO. 163 - OS APPROVING QUITCLAIM OF ABUTTER'S RIGHTS ONTO TASSAJARA ROAD (BIT HOLDINGS FIFTY-SIX, INC.) Approved (4.6 600-35) Emerald Glen Park, Phase III, Consultant Services Change Order #3 for Additional Services; Adopted (4.7 600-30) RESOLUTION NO. 164 - OS APPROVING AGREEMENTS WITH DAVID L. BABBY, CDRG, GILLAROE PLANNING, CHANDLER L. LEE AND RICHARD F. TOOKER, .AS NEEDED, FOR OVERFLOW SERVICES IN THE COMMUNITY DEVEWPMENT DEPARTMENT And authorized the Community Development Director to execute the Agreements; Authorized (4.8 600-35) Staff to accept a maintenance bond in the amount of $486,767 at a future date; approved Changer Orders in the amount of $59,933; and adopted RESOLUTION NO. 165 - 05 ACCEPTING IMPROVEMENTS - DUBLIN SENIOR CENTER Approved (4.9 300-40) the Warrant Register in the amount of $1,499,755.59. .. CITY COUNCIL MINIJTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGR 302 USE OF CITY SEAL ON DUBUN SISTER CITY ASSOCIATION BANNER 7:09 p.m. 5.1 (120-10) Deputy City Clerk Fawn Holman presented the Staff Report and advised that the Dublin Sister City Association was requesting the use of the Dublin City Seal on their St. Patrick's Day banner, as well as on a tablecloth used at various events. Carol Satterthwaite, Dublin Sister City Association, showed a prototype of their logo incorporating the City Seal and advised that the Association hoped that, by associating more closely with the City, residents would become more interested in the Association. Mayor Lockhart stated she would be proud to share the Seal with the Dublin Sister City Association, which did a lot of promote Dublin, California around the world. On motion of Cm. McCormick, seconded by Vm. Zika and by unanimous vote, the Council granted the use of the City Seal to the Dublin Sister City Association for inclusion on their St. Patrick's Day banner and event tablecloth. .. PUBLIC HEARING APPEAL OF PLANNING COMMISSION DECISION TO DENY THE SAFEW AY GAS STATION CONDITIONAL US£ PERMIT AND SITE D£VEWPMENT REVIEW, PA 05-004 7:13 p.m. 6.1 (410-30) Cm. Oravetz advised that, prior to the public hearing, he wanted to disclose that he had received a voice mail from Mr. Pettus of Safeway. He responded by voice mail to let Mr. Pettus know that they could not discuss the issue prior to the public hearing of the appeal. Mayor Lockhart opened the public hearing. Senior Planner Kristi Bascom presented the Staff Report and advised that the proposed project, located at 7499 Dublin Boulevard, consisted of a Conditional Use Permit (CUP) and Site Development Review (SDR) to replace the existing gasoline price sign with new LED electronic displays. The Planning Commission denied the CUP/SDR at its June 28, 2005 meeting. A letter of appeal from Young Electric Sign Company and Safeway, Inc., was filed with the City on July 6, 2005. Staff recommended that the Council direct Staff to either: a) Prepare a Resolution affirming the Planning Commission decision to deny CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 303 the CUP/SDR for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby denying the appeal; - OR- b) Prepare a Resolution affirming the Planning Commission decision in part to deny the CUP/SDR for an amendment to the Master Sign Program to install an electronic gasoline price display sÎßn at the Safeway Gas Station at 7499 Dublin Boulevard subject to modifications as stated by the City Council and thereby granting the appeal in part; - OR - c) Prepare a Resolution reversing the Planning Commission decision to deny the CUP/SDR for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby granting the appeal. Vm. Zika clarified that the sign could only display numbers, not letters so it could be used as a message board. Ms. Bascom advised that, as part of the recommended conditions of approval, there would be no flash, animation or messages on the sign, just numbers reflecting the price of gas. Cm. McCormick asked about the type of lighting currently used. Ms. Bascom advised that she would defer the question to Safeway representatives; however, their letter of appeal did note that the proposed lighting would be more cost effective than fluorescent or incandescent. Joe Pettus, Group vice President of Safeway in charge of gas stations, thanked Cm. Oravetz for advising him that it was not appropriate to talk to Councilmembers prior to the public hearing and stated that Safeway was only trying to change a sign. Safeway was proposing to install a sign with LED lights, which were easier to read. This gas station was one of only two or three in Northern California that did not have LED lighting. The sign would only have numbers, no flashing lights, messages or animation. All of their new stations from here forward would have LED lights, at request of their customers. Cm. Oravetz asked currently how many times a day the gas prices were changed. Mr. Pettus stated that they change their signs as little as possible. Although some stations changed their prices several times a day, it was not Safeway's policy because it caused confusion. Safeway's policy was value and service. Their signs change as often as once a day and as little as once a week. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGR 304 Cm. Oravetz noted that the LED sign would make it easier to change the price up or down. Mr. Pettus agreed that it would make it slightly easier, but that was not the reason for the new sign. Cm. Oravetz asked how many customers at that gas station were from the City of Dublin. Mr. Pettus advised that he did not have that data, but speculated that it would be a decent number. However, the taxes that come out of this gas station alone were about $300,000 a year. Cm. McCormick asked if the current sign used fluorescent tubes. Mr. Pettus advised that the current sign was back-lit with florescent tubes, which flicker and is hard to read. The sign monument would not change, only the numbers. Cm. Oravetz asked if it would be very similar to the sign in Livermore. Mr. Pettus agreed. AI Hunter, Dublin resident, advised that he was an orisinal member of the Dublin Business Development Taskforce of 1994. As a member of that Taskforce, a recent newspaper article regarding the denial ofthe CUP/SDRdisturbed him because there was no reason for the Planning Commission to deny the request. The Business Development Taskforce worked very hard to turn around the perception that this was a bad business city. He read aloud and commented on the newspaper article and expressed concern about the Planning Commission denying the request on principal because Safeway had gone against their agreement not to sell gas at a reduced price. He had compared gas prices in Dublin and believed that Safeway was selling at prevailing cost. The lines for gas were long, but did not encroach out into the street and there were attendants present to help keep order. He stated that the Planning Commission was arrogant and needed to be spoken to before they ruined Dublin's reputation of being pro-business. Mayor Lockhart closed the public hearing. Mayor Lockhart stated that she could not make the leap that the Planning Commission had made. The issue was lighting not a traffic issue, and the LED would be safer because it was easier to read when driving by. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 305 On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the Council directed Staff to prepare a Resolution æversim:the Planning Commission decision to deny the CUP/SDR for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby granting the appeal. .. PUBLIC HEARING ESTABLISH RIGHT-OF-WAY UNES FOR DUBLIN BOULEVARD BE'lWEEN KEEGAN STREET AND FALWN ROAD AND FOR FALWN ROAD BE'lWEEN BENT TREE DRIVE AND 1-580 7:29 p.m. 6.2 (670-40/820-90) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that this was the second reading of an Ordinance to adopt right-of-way lines for Dublin Boulevard and Fallon Road pursuant to Dublin Municipal Code Chapter 7.68. The Ordinance will establish right-of-way alignment for Dublin Boulevard between Keegan Street and Fallon Road to accommodate six lanes, and for Fallon Road between Bent Tree Drive and 1-580 to accommodate six and eight lanes. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 19 - 05 ESTABLISHING RIGHT~OF-WAY UNES FOR DUBUN BOULEVARD BETWEEN LOCKHART STREET AND FALLON ROAD, AND FOR FALLON ROAD BE'lWEEN BENT TREE DRIVE AND 1-580 . CITY COLlNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 306 PUBUC HEARING AMENDMENT TO SECTION 7.04.420 OF ARTICLE 4 OF CHAPTER 7.04 OF TITLE 7 OF THE DUBLIN MUNICIPAL CODE, REPAIR OF SID:çW ALKS - REPORTING DEFECTS 7:32 p.m. 6.3 (820-10/820-40) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that the proposed amendment to the Sidewalk Ordinance will require property owners and possessors of property to maintain adjacent public sidewalks in a safe condition, as already provided for by the California Streets and Highways Code. It defines the failure to maintain public sidewalks as negligence, and makes property owners and possessors of property liable for failure to maintain sidewalks. The City's Sidewalk Repair Program each fiscal year does not abrogate the responsibility of the property owners to maintain frontage improvements in a safe manner, as delineated under Section 5610 of the California Streets and Highways Code. Council and Staff discussed different scenarios of how sidewalks could become damaged. Although the roots from a neighbor's tree could cause damage, the roots become the property owner's tree roots when they encroach across the property lines. Ms. Morton recommended that, if there was sidewalk movement of a differential of 3/4" or more, the property owner call the Public Works Department to ask that the repair be included in the City's annual Sidewalk Repair Program. The property owner should also do some temporary repairs, such as caulking, to make sure there was no tripping hazard. The homeowner would still have some liability exposure. The Council and Staff discussed the property owner's liability and the City's potential liability resulting from a sidewalk tripping hazard. Cm. McCormick asked if homeowner insurance policies typically covered this type of claims. Assistant City Attorney John Bakker advised that it was his understanding that homeowner policies covered these types of claims. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 307 Mayor Lockhart expressed concern about where the liability responsibility lay and asked who would be liable if the property owner had requested a sidewalk repair and was on the City's waiting list, but there was a trip and fall incident before it was repaired. Ms. Morton advised that the proposed changes were consistent with the Streets and Highways Codes and the amended Ordinance included language to help protect the City from liability. The property owner would be liable if someone tripped and fell, even if the repair was on the City's waiting list. The property owner could opt to repair the sidewalk on their own instead of being placed on the waiting list or if they felt the waiting list was too long. The waiting list was prioritized as to severity of the damage. City Manager Richard Ambrose advised that the Streets and Highways Code provided that the property owner was liable. For practical purposes, the property owner and City would be sued if there was a trip and fall incident. The Ordinance amendment provided a mechanism by which to implement what was already in the Streets and Highways Code. Council and Staff engaged in a question and answer session regarding the City's liability. Liability would be determined case-by-case as to whether the property owner would be fully responsible or share responsibility with the City. The Council discussed the issue of homeowners doing their own repairs and asked if Public Works Inspectors would be available to inspect repairs done by property owners. Ms. Morton advised yes. Mayor Lockhart asked if an informational brochure could be produced for property owners to explain their responsibilities, as well as repairs options and steps to take. Ms. Morton concurred. On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance, and directed Staff to create an informational brochure for property owners. .. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 308 CONc£PTUAL DESIGN FOR MURRAY SCHOOLHOUSE EXHIBIT RtSTORATION PRO.mçr 7:51 p.m. 7.1 (600~30) Heritage & Cultural Arts Supervisor John Harnett and Heritage Center Director Elizabeth Isles presented the Staff Report and a Power Point presentation of the conceptual design of the Murray Schoolhouse Exhibit Restoration Project, which had been completed by Consultant John Viera. The City Council must approve the conceptual design in order for the Consultant to begin the design development phase of the project. The Heritage & Cultural Arts Commission unanimously recommended approval of the proposed design. The Council discussed the proposed design and praised Staff and the Consultant for an excel1ent conceptual design. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by unanimous vote, the Council approved the conceptual design as presented. . PRE$tNTATION OF HOUSING SURV£Y RESULTS BY GODBE RESEARC.H .8:04 p.m. 7.2 (600-30/430-50) Housing Specialist Julia Abdala presented the Staff Report and advised that on February 15, 2005, the City Council authori?..ed an agreement with Godbe Research to conduct a housing needs survey for the City of Dublin. The intent of the survey was to provide justification in producing future housing programs, crafting programs listed on the City's Goals & Objectives and eliminating programs not viewed as needed by the residents and businesses surveyed. Sean Bridge, Godbe Research, presented and discussed the results of the Housing Needs Survey. Ofthe housing programs listed in the survey, financial assistance for first-time homebuyers, senior housing and affordable housing for low-income families were rated as most important. In this sense, the First Time Homebuyer Program, and the affordable rental developments in progress, all high priorities of the City Council, were right on target. Dublin's employee base was largely comprised of young, lower income individuals who live outside the City. Affordability was even more of an issue for this segment, and condominiums, townhomes and affordable housing ranked high with them. Of the housing programs listed as least important were assistance with the development of second units and assistance in finding potential shared living partners. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 309 Mayor Lockhart commended Godbe Research for the survey and stated that the results reaffirmed that the City was heading in the right direction with affordable housing. She suggested that a copy of the survey results be transmitted to Livermore-Amador Transportation Authority (LAVTA), as it would be helpful to them to market the public transportation system throughout the Valley. Survey results should also be given to other agencies and organizations that were working to support Dublin because it would give them a clear picture of residents and employees in Dublin. The Council and Staff engaged in a question and answer session regarding the findings of the survey, and agreed that developers would find the results helpful. The survey gave a sense that the people living and working in Dublin demanded less expensive homes, such as condos and town homes; however, it did not give a sense of what people looking to live in Dublin were looking for. Vm. Zika asked that the summary of the survey be placed on the City's website. Mayor Lockhart made a motion to direct Staff to utilize survey results in the development of the Five-Year Housing Plan, the future Housing Element, and in the development of housing programs, as well as post the survey summary on the City's website and make copies available to local agencies that serve the community. Vm. Zika seconded the motion for discussion, and asked about the status of ABAG funding for a 5-Year Housing Element. Planning Manager Jeri Ram advised that, as soon as the delayed regional housing needs numbers come out, a new target date would be determined and Staff would start working on the Housing Element. On motion of Mayor Lockhart, seconded by Vm. Zika and by unanimous vote, the Council directed Staff to utilize survey results in the development of the Five-Year Housing Plan, the future Housing Element, and in the development of housing programs, as well as post the survey summary on the City's website and make copies available to local agencies that serve the community. .. CITY COllNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 310 AMENDED SCHEDULE OF LOCATIONS FOR POSTING OF CITY ORDINANCES 8:33 p.m. 8.1 (610-10) Deputy City Clerk Fawn Holman presented the Staff Report and advised that State law required that all City Ordinances be published or posted in at least three public places within the City of Dublin. Due to a change in address for the Dublin Senior Center, the schedule of posting locations needed to be updated to reflect the new Senior Center address, 7600 Amador VaHey Boulevard. The three designated posting locations were recommended to be: 1) Dublin Civic Center, 100 Civic Plaza; Dublin Library, 200 Civic Plaza; and 3) Dublin Senior Center, 7600 Amador Valley Boulevard. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote, the Council adopted RESOLUTION NO. 166 - 05 AMENDING RESOLUTION NO. 134-04 RELATED TO POSTING LOCATIONS FOR CITY ORDINANCES .. RECOMMENDED DATE FOR THE DEDICATION OF THE CITY OF DUBLIN PUBUC SAFETY MEMORIAL 8:35 p.m. 8.2 (610-20) Assistant City Manager Joni Pattillo presented the Staff Report and advised that on March 4, 2003, the City Council directed Staff to move forward with a Public Safety Memorial, which consisted of a freestanding bronze sculpture comprised of four figures depicting a Firefighter, Police Officer and two children. The project was nearing completion and Staff recommended that the Council select the date of Sunday, September 11, 2005, for the dedication of the City of Dublin Public Safety Memorial. The proposed time and location would be 3:00 - 5:00 p.m. at 100 Civic Plaza. Dublin Lions would be hosting light refreshments. Additional funding of approximately $2,000 - $3,000 may be needed for invitations, etc., which would come out of the Council Community Promotion funds. That request would come at a later time when the final accounting was complete. Tim Sbranti, Dublin Lions Club, thanked the City for its support. It has been a joint effort with the Lions Club, City of Dublin, Alameda County Sheriff's and Fire Associations and the community. The memorial will pay tribute to the two public safety officers who gave or will give their life in the line of duty in Dublin, as weH as honors public safety in CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 311 general. Dublin Police Services Lt. Glenn Moon had done much of the work for the project and was to be particularly commended. Mayor Lockhart thanked Mr. Sbranti and the Dublin Lions Club for taking a leadership role in this important project. Mayor Lockhart asked that invitations be sent to our neighboring City Councilmembers and County supervisors. The Council approved the date of September 11 '" for the dedication of the City of Dublin Public Safety Memorial. .. OTHER BUSINESS 8:44 p.m. City Manager Ambrose advised that the tickets for the August 4th Senior Center Gala was sold out. There was another summer concert scheduled for Friday, August 51h, at 7 p.m. at the Civic Center. There would also be an Open House at the new Senior Center on Saturday, August 6t". The event would kick off at 10:00 a.m. with a walk from the old Senior Center to the new Senior Center, and the Open House would run from 11:00 a.m. - 3:00 p.m. Cm. McCormick advised that she attended the League of California Cities Conference in Monterey last week. It was very informational, especially the workshop on regional housing. There were many very creative ideas coming out regarding housing. Mayor Lockhart advised that tonight was National Night out, commended the neighborhoods that were participating by having block parties, and thanked Police and Fire Services for encouraging everyone to participate in the event. Mayor Lockhart expressed concerned about the unusually high number of Conditional Use Permits being requested in a particular area of town and suggested that it may be time to revisit the zoning in that area. The Council briefly discussed the concern and agreed that Staff should prepare a report advising the Council of why the special uses were going into that area and how the Conditional Use Permits were affecting the land use plan. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING August 2, 2005 PAGE 312 City Manager Ambrose advised that a Planning Department summer intern was currently doing a survey of that area, which was on Sierra Court, Sierra Lane, and Trinity Court. This area was one of Dublin's only Light Industrial areas. Staff would develop a report advising of the permitted uses, current conditional uses, as well as economic information studying why these special uses were going in. .. M!JOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:53 p.m. Minutes taken and prepared by Fawn Holman, Deputy City Clerk. ATTEST: -.J(tUAA..~ City Clerk ..~ CITY COUNCIL MINUTES VOLUME 24 REG1JLAR MEETING August 2, 2005 PAGE 313