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HomeMy WebLinkAbout11-15-2005 Adopted CC Min MINUTES OF THE Crn' COUNCIL A regular meeting of the Dublin City Council was held on Tuesday, November 15, 2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:16 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Council members 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. .. Mayor Lockhart announced that, because the Dublin Housing Authority meeting went longer than usual, the Closed Session, which was scheduled to occur at 6:30 p.m., would be held at the end of the regular Council meeting. .. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 414 www.ci.dublin.ca.us ORAL COMMUNICATIONS Introduction of New Employees: Rhonda Franklin, Secretary, Community Development Deuartrnent and Loretta Stein, Office Assistant II, Police Services 7:17 p.m. 3.1 (700-10) Community Development Director Jeri Ram introduced Community Development Department Secretary Rhonda franklin. Commander Gary Thuman introduced Police Services Office Assistant II Loretta Stein. The Council welcomed Ms. franklin and Ms. Stein to the City of Dublin Staff. .. Proclamation Declaring: November 20-26, 2005 as "National Family Week" 7:19 p.m. 3.2 (650-10) Mayor Lockhart read the proclamation declaring November 20-26, 2005 as "National family Week" and encouraged families to recognize and appreciate their role, thus contributing to a strong and healthy community. .. Accet)tance of Donations for the City of Dublin's Public Safety Memorial 7:21 p.m. 3.3 (150-70) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the Dublin Public Safety Memorial was dedicated on Sunday, September 11,2005 with over 200 people in attendance. The City would like to formally recognize and accept the donations for the Public Safety Memorial from the Dublin Lions Club, Deputy Sheriff's Association of Alameda County, Alameda County firefighters Association, and other major donors who contributed $1,000 or more. Ms. Pattillo recognized Lt. Glenn Moon and Dublin Lions Club member Tim Sbranti for their dedicated commitment and leadership during this two-year project. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 415 www.ci.dublin.ca.us Tim Sbranti, Dublin Lions Club, stated that it was an honor to work on this tribute project and announced that inscription spots were available and encouraged the community to contact the City Manager's Office if they wanted to purchase an inscription before the end of December sunset date. Vm. Zika noted that there were still spaces available for $1,000 contributions, as well. On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the City Council accepted donations from the Dublin Lions Club, Deputy Sheriff's Association of Alameda County, Alameda County firefighters Association, and other major donors in the amount of $31,417 in cash and in-kind donations of $6,775 for the City of Dublin's Public Safety Memorial, and directed Staff to prepare formal acknowledgements to donors; and On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council formally set a sunset for additional engravings requests at the end of December 2005. .. Public Comments 7:26 p.m. 3.4 No comments were made by any member of the public at this time. .. CONSENT CALENDAR 7:33 p.m. Items 4.1 through 4.4 Vm. Zika stated that he would abstain from the entire Consent Calendar vote because he was absent from some of the meetings on which the Minutes would be approved. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika abstain), the Council took the following actions: DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 416 www.ci.dublin.ca.us Approved (4.1) Minutes of Special Joint Meeting of September 19, 2005; Regular Meeting of October 18, 2005; and Regular Meeting of November 1, 2005; Accepted (4.2 600-35) Improvements under Contract No. 05-08, 2004-2005 Annual Slurry Seal Program, and authorized release of retention after 35 days if no subcontractor claims; Received (4.3 330-50) Preliminary financial Reports for the Month of October 2005; Approved (4.4 300-40) the Warrant Register in the amount of $1,944,191.68. .. WRITfEN COMMUNICATIONS - None .. PUBLIC HEARINGS Public Hearing Fairway Ranch Mfordable Housing Community, Approval of Issuance of Multi-Family Housing Revenue Bonds by the California Statewide Communities Develoument Authority, PA 03-010 7:28 p.m. 6.1 (660-60/430-80) Mayor Lockhart opened the public hearing. Housing Specialist Julia Abdala presented the Staff Report and advised that the City Council would hold a Tax Equity and fiscal Responsibility Act (TEfRA) Hearing for the issuance of additional Multifamily Housing Revenue Bonds for fairway Family Apartments and for Dublin Ranch Senior Apartments. Vm. Zika asked if this would increase rents or have an adverse effect on the City's loan to the project. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 417 www.ci.dublin.ca.us Ms. Abdala explained how the funding worked and advised that no funding positions would be affected. Mr. Ambrose advised that the security for those loans was the property on Area H, which was not connected to the parcel under discussion. Ms. Abdala explained that, relating to rents, the affordable units were tied to certain rent rates based on tax credit allocation committee numbers. City Attorney Silver advised that the City had various agreements that required a certain number of the units to be affordable to moderate, low- and very-low income persons. The exact amount of the rents would be determined when the project was rented out. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 211 - 05 APPROVING THE ISSUANCE Of MULTI-fAMILY HOUSING REVENUE BONDS fOR THE fAIRWAY fAMILY COMMUNITY BY THE CALIfORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY And RESOLUTION NO. 212 - 05 APPROVING THE ISSUANCE Of MULTI-fAMILY HOUSING REVENUE BONDS fOR THE DUBLIN RANCH SENIOR APARTMENT BY THE CALIfORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY .. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 418 www.ci.dublin.ca.us Public Hearing Repeal of Ordinance No. 4-03; Zoning Ordinance Amendment to Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.76, Off-Street Parking and Loading Regulations; Chapter 8.100, Conditional Use Permit; and Enactment of Chapter 8.78 Garage Conversion of the Dublin Zoning: Ordinance PA 03-002 7:31 p.m. 6.2 (430-20) Mayor Lockhart opened the public hearing. Associate Planner Linda Ajello presented the Staff Report and advised that the City Council will consider repealing Ordinance No. 4-03 relating to garage conversions, in the Dublin Zoning Ordinance, and will also consider adopting one of two Ordinances to either create a new ministerial process for garage conversions or, in most instances, eliminate garage conversions completely. These amendments would either revoke the regulations that allow for garage conversions with a Conditional Use Permit or revise the procedure to allow for garage conversions, without a Conditional Use Permit, in certain residential zoning districts if certain performance standards can be met. Staff recommended that the City Council conduct public hearing; deliberate; waive reading and INTRODUCE Ordinance repealing Ordinance No. 4-03; and either a) waive reading and INTRODUCE Ordinance Option #1, amending the Zoning Ordinance which would allow for garage conversions as a ministerial action; - OR - b) waive reading and INTRODUCE Ordinance Option #2, amending the Zoning Ordinance to eliminate the ability to convert garages to living area in most instances. Vm. Zika asked if there was a garage conversion on West Vomac Road that had been denied. Ms. Ajello confirmed that a partial garage conversion on West Vomac had been denied. Tim Sbranti, Dublin resident, explained that he brought this issue before the Council a few years ago when he was on the City Council because several residents had come to him to question why they could not convert their garage when they had plenty of off- street parking available. If parking was not an issue and exterior changes were not being made, he did not see why they could not convert their garage to accommodate their family's needs. He encouraged the Council to adopt Option # 1, which would repeal of the current Ordinance and adopt a new Ordinance allowing garage conversions through ministerial action. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 419 www.ci.dublin.ca.us Mayor Lockhart closed the public hearing. The Council engaged in a brief question and answer session regarding building code requirements. Although the garage door would remain on the exterior of the house, a wall in front of the garage door would need to be constructed in the interior of the house. Cm. McCormick stated that she would support the repeal of the current ordinance and the adoption of Option # 1. Property owners should have the right to make decisions regarding their own property. As long as it was safe and followed the codes, conversions should be allowed because it was in the best interest of the families in Dublin. Vm. Zika stated that he would support repealing the current ordinance only, and not allow any garage conversions at all. Garage conversions would impact the neighborhood too much and infringe on the rights on the surrounding property owners. Cm. Oravetz stated that he would support repealing the current ordinance and the adoption of Option # 1. Cm. Hildenbrand stated that she would support repealing the current ordinance and the adoption of Option #1. It would be the least impactive on the neighborhood visually, and parking would definitely be addressed because the conversion would only be allowed if the residence could provide two off-street parking spots. Mayor Lockhart commented that there were a lot of people in Dublin who did not use their garages for anything but storage. It was better to have safe, legal conversions that were built to code. If the homeowner had two off-street parking spaces and no change to the exterior, it was a good idea. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by majority vote (Vm. Zika opposed), the Council waived the first reading and INTRODUCED the Ordinance repealing Ordinance No. 4-03, and waived the reading and INTRODUCED the Ordinance, Option #1, that would allow for garage conversions as a ministerial action. .. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 420 www.ci.dublin.ca.us UNFINISHED BUSINESS Approval of Resolution to Enter into a Standard Agreement with the State of California to Secure a Workforce Housing Reward Grant from the Department of Housing: and Community Develooment 7:51 p.m. 7.1 (600-50/430-20) Housing Specialist Julia Abdala presented the Staff Report and advised that the City Council would consider entering into a standard agreement with the State of California Department of Housing and Community Development in order to utilize the Workforce Housing Reward Program Grant awarded to the City of Dublin in June 2005. On motion of Cm. Hildenbrand seconded by Vm. McCormick and by unanimous vote, the City Council adopted RESOLUTION NO. 213 - 05 AUTHORIZING THE EXECUTION Of A STANDARD AGREEMENT TO SECURE A WORKfORCE HOUSING REWARD GRANT FROM THE STATE Of CALIfORNIA, DEPARTMENT Of HOUSING AND COMMUNITY DEVELOPMENT AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE IN THE NAME Of THE CITY Of DUBLIN THE STANDARD AGREEMENT AND RELATED DOCUMENTS .. NEW BUSINESS Fiscal Year 2005-2006 Goals & Obiectives Status Reoort & CIP Schedule 7:52 p.m. 8.1 (100-80) City Manager Richard Ambrose presented the Staff Report and advised that Staff had prepared a report apprising the Council of the status of the fiscal Year 2005-2006 Goals & Objectives as of October 31, 2005, as well as a schedule for the City's Capital Improvement Program indicating estimated project start and completion dates. The Council received the report and commended Staff on an excellent job of completing the goals of the Council. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 421 www.ci.dublin.ca.us .. Fiscal Year 2006-2007 Goals & Objectives and Strategic Planning: Workshops and Budget Study Session Calendar 7:53 p.m. 8.2 (100-80) City Manager Richard Ambrose presented the Staff Report and advised that Staff had prepared a draft calendar for Council consideration, especially as it relates to the Council's desire to include a half-day Strategic Planning Workshop in the process. Staff recommended that the Strategic Planning Workshop be bypassed this year and be held only every other year, after the new Council was elected, in order to give the new Council an opportunity to make adjustments on the long-term plan. Staff also proposed to hold the Council/Commissions Workshop on Saturday, January 28, 2006, and the Council Goals & Objectives/Budget Study Session on Monday, March 13, 2006. The Council discussed the proposed meeting dates and, because of scheduling conflicts, directed Staff to study the feasibility of having the Council/Commissions Workshop on Saturday, february 2nd and the Council Goals & Objectives/Budget Study Session on Monday, March 20th and return to the December 6,2005 with an updated calendar for Council approval. The Council and Staff discussed the Strategic Plan Workshop and agreed that it should be bypassed this year and be held every other year after a new Council has been voted in. .. City of Livermore Municipal Airport Support of Noise Reduction Legislation Reauest 7:59 p.m. 8.3 (420-50/530-35) Community Development Director Jeri Ram presented the Staff Report and advised that the City Council would consider authorizing the Mayor to sign letters on behalf of the City of Dublin, and in coordination with the Cities of Livermore and Pleasanton, to U.S. Senators Barbara Boxer and Diane feinstein supporting new legislation that would phase out Stage 1 and 2 aircraft less than 75,000 pounds at airports in the United States. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 422 www.ci.dublin.ca.us Mayor Lockhart stated that it was a show of cooperation for all three cities to work together on this issue, and was pleased that Livermore had included Dublin in the process. On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the Council authorized Mayor to sign the letters to U.S. Senators Barbara Boxer and Diane feinstein requesting new legislation to phase out Stage 1 and 2 aircraft less than 75,000 pounds at airports in the United States. .. OTHER BUSINESS 8:04 p.m. City Manager Ambrose advised that the Council would hold Special Park & Recreation facility Planning Workshop on friday, November 18, 2005, at 3:00 p.m., to discuss finance and development options for the Emerald Glen Park Recreation Center/Aquatic Complex and the possible expansion of the City's Historic Park. City Manager Ambrose advised that Administrative Services Director Carole Perry would be retire at the end of this week after 5 years of committed service, and personally thanked Ms. Perry for her valuable contribution to the City of Dublin. The Council thanked Ms. Perry and wished her well in her retirement. Cm. Hildenbrand advised that she had attended the Alameda County Library Commission meeting, at which time funding ideas were discussed. The possibility of putting information on Dublin's website regarding library funding was suggested, so residents would have a better idea of where library money came from and how difficult it was to keep libraries open. Congratulations to Jean Hofacket, Deputy County Librarian, who was recently appointed as County Librarian. Cm. McCormick advised that she and Mayor Lockhart had attended a workshop in fresno regarding community airports. Topics included land use compatibility and environmental concerns such as noise. They also learned that there were some positives of having a local airport. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 423 www.ci.dublin.ca.us Mayor Lockhart advised that she was interested to learn that community airports fit into the state and federal disaster plans. They playa positive role, in that quicker aid was available during a disaster. Mayor Lockhart thanked Administrative Services Director Carole Perry on behalf of the community and Council for her hard work and warm presence and for moving Dublin forward financially. She would be missed. .. CLOSED SESSION 8:09 p.m. The Council convened to Closed Session to discuss the following: I. CONfERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of case: City of Dublin v. Wohlross Associates, a Co-Partnership, et aI., Alameda Superior Court No. VG 05238505 following the Closed Session, Mayor Lockhart announced that no action was taken. .. ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:20 p.m. AITFSf: ~I~ City Clerk - DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING November 15, 2005 PAGE 424 www.cLdublin.ca.us