HomeMy WebLinkAbout4.01 Draft CC 04-03-2007 Min
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MINUTES OF THE cITY COUNCIL
OF THE cITY OF DUBLIN
RE6ULAR MEETIN6 - APRIL 3. 2007
CLOSED SESSION
A closed session was held at 6:48 p.m., regarding:
L CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
section 54956.8)
Property: 11759 Dublin Blvd. (Dublin Square Shopping Center)
City Negotiator: City Manager
Negotiating parties: City of Dublin; Berkeley Land Company, Inc., a California
Corporation
Under negotiation: Price and terms of payment
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A regular meeting of the Dublin City Council was held on Tuesday, April 3, 2007, in the
Council Chambers of the Dublin Civic Center. The.meeting was called to order at 7:04
p.m., by Mayor Lockhart.
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ROLL CALL
PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor
Lockhart.
ABSENT: None
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PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
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DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
PAGE 118
'idRA'PT
Acceptance of Gifts to City.from the Dublin Rotary and Host Lions Clubs
7:14p.m. 3.2 (150-70)
Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report
and advised that the Rotary Club and Host Lions Club of Dublin had elected to support
the Dougherty Hills Dog Park by making monetary contributions for the project.
The Rotary Club presented a check for $4,500 to the Dublin City Council for use at the
Dougherty Hills Dog Park.
The Council thanked both organizations and presented them with certificates of
appreciation.
On motion of Cm. Sbranti, seconded by C,m. Scholz and by unanimous vote, the Council
recognized the sponsors and formally accepted the contributions.
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Public Comments
7:18 p.m. 3.3
No comments were made by any member of the public at this time.
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CONSENT CALENDAR
7:19 p.m. Items 4.1 through 4.7
On . motion of Cm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes of Regular Meetings of February 20, 2007 and March 6, 2007;
Approved (4.2 350-40) the disposal of computer equipment to AERC, a State certified
recycler;
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
PAGE 120
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PUBLIC HEARINGS
Public Hearing
Approval of Engineer's Report " ' ,
And Ordinance Creatin Dublin Ranch East Si e Storm'Drain Benefit District
7: 19 p.m. 6.1 (360-40)
Mayor Lockhart opened the public hearing.
Consultant Paul Kruger presented the Staff eport and advised that the City Council
would consider adopting an Ordinance appro . g the creation of the Dublin Ranch East
Side Storm Drain Benefit District (which . cluded the property within the City's
territorial limits to the east of Dublin Ranch an Fallon Road) to levy and collect charges,
as a condition of development, to reimburse evelopers who constructed and installed
drainage facilities that benefited properties oth r than their own.
No testimony was received by any member of t e public relative to this issue.
Mayor Lockhart closed the public hearing.
On motion of Cm. Sbranti, seconded by Vm. ildenbrand and by unanimous vote, the
Council waived the reading and INTRODU ED the Ordinance to create the Dublin
Ranch East Side Storm Drain Benefit District.
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UNFINISHED BUSINESS
Proposal to
Dis la Alameda Coun Fair Banners on Ci -Owned Li ht Poles in Dublin
7:24 p.m. 7.1 (450-20)
Economic Development Director Chris Foss p esented the Staff Report and advised that
in September 2006, the City Council agreed t co-sponsor the Alameda County Fair and
include the Alameda County Fair Banners i the City's Banner Program. Staff was
directed to bring back the banner design for proval and to work with the Fair to place
banners at locations throughout the City. is item identified the Fair's 12 requested
locations and provided the design for the Fair' banners.
DUBLIN CITY CO CIL MINUTES
VOL E 26
REGULAR EETING
April 3, 2007
PAGE 22
DR1ft!
City Manager Ambrose stated if the City waited until next year to add the trellis, costs
might increase with it being a stand alone project. The City might consider combining
future park projects to reduce total overall costs.
Cm. Sbranti stated that because costs were over budget, it might be necessary to review
capital project costs.
Vm. Hildenbrand stated she would not want to see the standard for City parks lowered.
The Council agreed that if the City were to wait until next year to build the trellis, the
increased costs might be more than if they were to include it now in the bid.
On motion of Cm. Oravetz, seconded by Vm. Hildenbrand and by unanimous vote, the
City Council adopted
RESOLlITION NO. 38 - 07
AWARDING CONTRACT NO. 07-03
AREA F - NEIGHBORHOOD SQUARE
TO JENSEN CORPORATION
with Alternate # 1.
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Exclusive Negotiating'Rights Agreement (ENRA)
with City of Dublin, Housing Authority of the City of Dublin,
Housing Authority of the County of Alameda, Eden Housing, Inc.,
and Citation Homes Central for the Arroyo Vistas Redevelopment Project
7:37 p.m. 7.3 (600-40)
Assistant City Manager Joni Pattillo presented the Staff Report and 'advised that the City
Council would consider the approval of an ENRA for the Arroyo Vista Redevelopment
Project. The purpose of the ERNA was to provide the project developers with assurances
that they would be negotiated with exclusively and to assure the Housing Authority and
the City that the developers would pay for the predevelopment processing costs. The
ERNA also outlined the terms for the future transfer of the property.
Mayor Lockhart asked if Staff had any estimate of transactional costs.
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
PAGE 124
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Linda Mandolini, Executive Director of Eden Housing, thanked the'O;:mncil and Staff for
efforts in negotiations. The Housing Authority was going to select Overland Pacific and
Cutler as the relocation specialists for this project. Eden Housing had worked with them
on previous projects, including one in which they relocated 150 seniors, and had done a
wonderful job. There would be two meetings with the residents and surrounding
residents on April 24 to discuss the development of Arroyo Vista.
Mayor Lockhart stated that outreach to the surrounding neighbors was very important
since they would be curious about the project, as well as the fact that there would be an
increase in units.
Assistant City Manager Pattillo stated that during the RFQ process, Eden Housing, as well
as Citation, noted the importance of viewing this as a community project and involving
the surrounding neighbors. Eden had been involved in tough projects where at the end;
everyone in the community was celebrating the project.
On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the City
Council 1) Authorized the Mayor to sign the ENRA on behalf of the City of Dublin; 2)
Directed Staff to include a reserve in the Inclusionary Zoning In Lieu Fee Fund for a
future loan of $1,500,000 as a low interest loan to Eden Housing for the affordable
rental units; and 3) Directed Staff to include an appropriation from the Inclusionary
Zoning In Lieu Fee Fund in the amount of $250,000 for Transactional Cost in the Fiscal
Year 2007 -2008 Budget.
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NEW BUSINESS
Review of General Plan and
Specific Plan Residential Land Use Designations for Properties Generally
East of Dougherty Road and Including the East Dublin Specific Plan Ar.ea
7:53 p.m. 8.1 (410-20)
Senior Planner Jeff Baker presented the Staff Report and advised that the City Council
would consider providing Staff with direction regarding current residential land use
policies and future residential development for the properties generally located to the
east of Dougherty Road and included in the Eastern Dublin Specific Plan Area.
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
PAGE 126
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to look at the issue of density. The Council had a commitment to its residents to balance
the housing. The developers came before the Council with condominiums and
townhomes and would say that was all they could provide in the project in order to
make ends meet. The City did not have the next-step homes for residents looking to
move. .'
Cm. Sbranti commented that the City had provided a good balance of housing. What
was coming on-line was single-family or medium density housing. But what has been
built now was near the freeway because there were not as many environmental
constraints. A lot of what was zoned for higher density had been built, but now, the
projects further out were going to be built and help balance it out. He was willing to
look at the concept of medium low density. He did not want to change the entire City
development standards. Because the City had a Medium-High density category, he was
willing to look at where it might be appropriate to create a Medium-Low density
category, just for the level of consistency. There were not that many properties left in
Dublin that would be affected by any changes made by Council.
Vm. Hildenbrand reiterated that even with Medium density, the Council would still see
condominiums and townhomes where they were expecting to see single-family dwelling
units. A Planning Commissioner had relayed to her that the Commission felt the train
was out of the station so they felt that was the way the Council wanted to move forward.
She stated that may have been how the Council wanted to move forward in 1993, but
not now.
Cm. Scholz asked if what Vm. Hildenbrand was supporting was not in conflict with
what the Mayor had suggested could happen with infrastructure not getting built.
Vm. Hildenbrand stated that if the Council went with Option B as outlined in the Staff
Report, it would not be modifying the mfrastructure so severely that Dublin Boulevard
could not be built out as far as it needed to go. They could build cluster or row homes,
or alley loaded homes.
Cm. Oravetz stated he did not see the plan as being broken so he did not want to change
it. Every Councilmember had a vote, and if Vm. Hildenbrand did not like a project that
came before Council, she could vote no and say she did not like it. If three
Councilmembers voted no, the developer would have to revise that project. She did have
a vote. The City had a long term financial plan, and if it was changed now, how would
it affect that financial plan. If he had a choice, he would like to see single-story homes
built in Dublin, but condominiums were what sold these days. If that was what sold in
east Dublin, then that was what should be built.
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
PAGE 128
DRAFT!
Vm. Hildenbrand stated that she was not saying the City was only building Medium-
High. But what the Council was consistently seeing in Medium density designations was
a majority of condominiums and townhomes. Focusing in on Medium where the City
had an opportunity to provide small yards for activity, was not being offered as often as
the City was offering condominiums and townhomes in Medium density housing. She
was not saying change the land designations, but look at the possibility of getting more,
small homes with yards so residents could move out of their apartments, townhomes or
condominiums, and have a home of their own with a yard.
Cm. Sbranti commented that a Medium-Low density category would achieve, at least
conceptually, what Vm. Hildenbrand was suggesting.
Mayor Lockhart stated that there were single-family homes in the City of Dublin that
had big back yards.
Vm. Hildenbrand stated that those older homes might need remodeling and with the
money you had spent on purchasing the home, and then the money you would use to
remodel, you could afford to buy a new single-family home outside of Dublin.
The Council discussed the high number of condominiums on the market not only in
Dublin, but in the State of California, due to the economy.
Cm. Sbranti reiterated that looking at a density category of Medium - Low would achieve
some of the detached housing options being suggested. By having a Medium, Medium-
High and Medium-Low density it would achieve that. But there were not many
properties that this would affect.
Mayor Lockhart suggested looking at the few properties that were left in Dublin that
were not in a planning process and ask if it made sense on that particular project, to
zone it that way, when they first came in to speak to the City.
Vm. Hildenbrand asked if the Council should give Staff direction to encourage more
homes that were detached, single or cluster. Right now Staff was letting those
developers come through and if it met the range, they were seeing more townhomes and
apartments.
Cm. Scholz asked if any of the options outlined in the Staff Report reflected what Vm.
Hildenbrand was advocating.
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
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would still fall within the range of the number of units that had been originally
evaluated as part of the environmental document.
Mayor Lockhart reiterated her concern for not changing the rules on people that were
already in the process of developing,. at some stage. If there were properties that could be
affected by a Medium-Low density category that the City could look at, if and when they
ever did decide to plan, then she was fine with taking a look at it then.
em. Oravetz made a motion to accept Option D, continue to implement the existing
General Plan and Specific Plan. Without a second, the motion was not considered.
Cm. Sbranti made a motion to accept Option A, Prepare General Plan/ Specific Plan
Amendments to include two new land use designations including Medium-Low 96.1-10
du/acre) and Medium (10.1-14 du/acre).
City Manager Ambrose asked for clarification from the Council as to what properties
would be affected by this item.
The Council and Staff discussed at what point of interaction with the City, and what
properties, would be affected by this item. Narrowing down the properties would make
it easier for developers to know what Was expected before they come before the Council
so the Council would not have to vote them down.
Cm. Oravetz stated that he could vote no on any issue.
City Attorney Silver stated that Cm. Oravetz could vote no, and if there was a majority of
the Council that denied an application that was consistent with the General Plan and the
Specific Plan, the City Attorney would urge the Council to include findings as to why the
Council was denying it. For example, it might be consistent with the density ranges in
the General Plan and Specific Plan, but if there was some other General Plan policy with
which it was not consistent, that would provide a basis for denying it.
The Council concurred that Staff would go back and look at a category of Medium-Low
for the Croak, Jordan and Chen properties, where there was currently a Medium
designation.
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
PAGE 132
DRAFT
Consultant Services Agreement
With Jerry Haag, Urban Planner, for a Joint Environmental Impact
Statement/Environmental Impact Report for the Arroyo Vista Proiect
9:19 p.m. 8.3 (600-30)
Senior Planner Erica Fraser presented the Staff Report and advised that the City Council
would consider authorizing Staff to hire outside consultants to (lssist Staff with the
preparation of an environmental document for the Arroyo Vista project.
Mayor Lockhart asked at what point would Staff know what type of document would be
needed.
Senior Planner Fraser stated that as with any environmental review, Staff had to start
with an initial study and identify what could potentially be the environmental impacts of
that project. Once that was completed, then Staff could identify what type of
environmental review was needed. There might be studies such as a cultural analysis
study or a traffic analysis. Staff was anticipating that an EIR would be required. Staff
was not sure of the EIS. Mr. Haag did have experience with the EIS document.
On motion of Cm. Oravetz, seconded by Vm. Hildenbrand and by unanimous vote, the
City Council adopted
RESOLlITION NO. 40 - 07
APPROVING AN AGREEMENT BETWEEN
THE CITY OF DUBLIN AND JERRY HAAG,
URBAN PLANNER, AND AUTHORIZING THE
CITY MANAGER TO SIGN THE AGREEMENT
and authorized the City Manager to execute the agreement.
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Report on 2007 Dublin Pride Week Activities
9:23 p.m. 8.4 (150-80)
Administrative Analyst Roger Bradley presented the Staff Report and advised that the
City Council would receive a report on the planned activities for the 2007 Dublin Pride
Week, scheduled for April 28 - May 5, 2007.
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
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related to Alameda, Contra Costa, Santa Clara, Solano and San Joaquin Counties. The
Chair of the House Subcommittee on Highways and Transit, the Director of the State
Department of Transportation, MTC Executive Director, and the San Joaquin Executive
Director of Council of Governments would all be present. There would also be an ABAG
General Assembly on April 19. The topic was "Focusing Our Vision."
City Manager Ambrose would check to verify who was the voting delegate of the
Council.
Cm. Scholz stated she had met with June Garrett, the representative from BART, and had
discussed BART business. She also met with Charles and Linda regarding Arroyo Vista
and discussed plans for the future.
Cm. Oravetz attended a LA VTA meeting and had been given an update on BART.
Vm. Hildenbrand stated she and the Mayor had attended the Tri - Valley Triangle Study
and the outcome had been that they were going to move forward with Option 1, instead
of Option lA which would have included the full improvements of Highway 84.
Dublin, Livermore and Alameda County had selected Option 1 because in order to be
regional players in a regional study, all roads, highways and freeways needed to be
considered and Pleasanton needed to consider the Stoneridge extension as a part of a
regional traffic solution to the area. There were six expensive items that needed to be
paid for and improved prior to getting to the Option of Highway 84 that Pleasanton
supported.
Vm. Hildenbrand wanted to let parents know that the helicopter that had hovered over
the area of Dougherty Elementary had been a news helicopter working on a story, and
nothing had happened at the school. She also stated she would be attending a League
Dinner coming up.
Cm. Sbranti stated he had nothing new to report since the last Council meeting.
Mayor Lockhart stated that the Triangle Study was concluded. The recommendation
from those meetings would move forward at the new CMA meeting and a vote would be
taken by all 18 agencies, including all the Cities, BART, and AC Transit. They would be
voting on the expenditure plan on the Prop. 1 B monies for 580 and 680 and they would
also be voting on the Triangle Study's recommendation, Option 1. Highway 84 had a
$190 million cost, not taking into account any environmental issues that might have
ansen.
DUBLIN CITY COUNCIL MINUTES
VOLUME 26
REGULAR MEETING
April 3, 2007
PAGE 136