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HomeMy WebLinkAbout04-17-2007 Adopted CC Min (2) MINUTES OF THE cITY COUNCIL OF THE cITY OF DUBLIN RE6ULAR MEETlN6 - APRIL 17. 2007 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government Code Section 54957, Title: City Attorney II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 11759 Dublin Boulevard (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 .. A regular meeting of the Dublin City Council was held on Tuesday, April 17, 2007, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 :05 p.m., by Mayor Lockhart. . ROLLCALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart. ABSENT: None .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING .. April 17 , 2007 PAGE 138 PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action. .. ORAL COMMUNICATIONS Introduction of New Emplovees 7:06 p.m. 3.1 (700-10) Two new employees were introduced: Associate Planner Laura J. Karaboghosian and Sgt. George Lytle. Also introduced was Lynn Harrington, who was recently promoted to . Administrative Analyst in the Finance Department. .. Acceptance of Grant from the Altamont Cruisers 7:12 p.m. 3.2 (150-70) Police Chief Gary Thuman advised that the Altarnont Cruisers has donated $2,500 to Dublin Police Services in order to conduct a child safety fair in conjunction with the Dublin Unified School District on Saturday, May 19, 2007. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti, and by unanimous vote, the Council accepted the grant, approved the Budget Change and directed Staff to formally acknowledge donor, and to use the funds toward the Child Safety Fair. .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 139 Acceptance of Donation from Anthonv & An2ela Bilich Familv and Preferred Financial 7:13 p.m. 3.3 (150-70) Police Chief Gary Thuman advised that the Anthony and Angela Bilich Family, who own and operate Preferred Financial Mortgage Brokerage, donated $1,000 to Dublin Police Services. They have requested that the funds be used for the youth of Dublin. Once the community project is completed, the youth group will participate in a recreation activity using some of the funds. Approximately 3 recreation activities could be funded with this grant. On motion of Cm. Oravetz, seconded by Cm. Scholz, and by unanimous vote, the Council accepted the donation, approved the Budget Change, directed Staff to formally acknowledge donor, and to use the funds toward the Kids in Action program. .. Public Comments 7:15 p.m. 3.3 No comments were made by any member of the public at this time. .. CONSENT CALENDAR 7:15 p.m. Items 4.1 through 4.9 Cm. Scholz questioned on Item 4. 7 regarding Crossing Guards, some historical information and asked why the School District is not donating toward this. Assistant City Manager Joni Pattillo explained that it has been a long term policy as a safety issue to partner with the School District and for the City to fund crossing guard services. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 140 On motion of Cm. Scholz, seconded by Vm Hildenbrand, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March 20,2007; Approved (4.2 600-35) Change Order #1 to Contract 07-03 Consultant Services with Keller Mitchell and Company for Area F Neighborhood Square design services. Adopted (4.3 410-40) RESOLUTION NO. 42 - 07 APPROVING PARCEL MAP 8327 Adopted (4.4 600-60) RESOLUTION NO. 43 - 07 APPROVING THE IMPROVEMENT AGREEMENT WITH KBH INVESTMENTS, LLC, FOR THE DUBLIN BOULEVARD IMPROVEMENTS FRONTING THE PROPOSED DUBLIN HONDA PROJECT, REIMBURSEMENT OF DOWNTOWN DUBLIN TRAFFIC IMPACT FEES AND THE PROVISION OF FEE CREDITS Waived (4.5 360-40) the second reading and adopted ORDINANCE NO. 06 - 07 MAKING FINDINGS, ADOPTING A LOCAL DRAINAGE PLAN, AND CREATING THE DUBLIN RANCH EAST SIDE STORM DRAIN BENEFIT DISTRICT, A LOCAL BENEFIT DISTRICT TO LEVY AND COLLECT CHARGES, AS A CONDITION OF DEVELOPMENT, TO REIMBURSE DEVELOPERS WHO CONSTRUCT AND INSTALL DRAINAGE FACILITIES THAT BENEFIT PROPERTIES OTHER THAN THEIR OWN DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 141 Accepted (4.6 600-35) improvements under Contract 06-11 demolition of the buildings at 6380 and 6500 Scarlett Court, and authorized the release of retention after 35 days if there are no subcontractor claims; Adopted (4.7 600-30) RESOLUTION NO. 44 - 07 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES Approved (4.8 600-30) the continuation of contracts with 4Leaf, Inc., Shums Coda, and Precision Inspection Company, Inc., for FY 2007-08 and adopted RESOLUTION NO. 45 - 07 APPROVING AMENDMENT TO AGREEMENTS WITH 4LEAF, INC., SHUMS CODA, AND PREVISION INSPECTION COMPANY, INC., RELATED TO BUILDING INSPECTION SERVICES Approved (4.9 300-40) the Warrant Register in the amount of$1,203,531.51. .. PUBLIC HEARINGS Public Hearing Sycamore GrovelFairwav Ranch Submitted bv James Ton!! on Behalf of Dublin Ranch Holdin!!s LLC (aka Lin Familv) to Consider Amendin!! the Area B-E Planned Development Rezone and Site Development Review P A 06-037 7:17 p.m. 6.1 (450-30/410-30) Mayor Lockhart opened the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 142 Consultant Project Planner Mike Porto presented the Staff Report and advised that the City Council will consider a proposal for the redesign and reconfiguration of a residential development on 8.8 gross acres (6.4 net acres) for a total of 304 condominium units, which includes 22 live/work units along Dublin Boulevard. The proposal includes an amendment to the Area B-E Planned Development Rezone as well as a Site Development Review. Mr. Porto advised that the units would be from 808 square feet for a one bedroom one bathroom unit to 1,800 square feet for a townhouse. The live/work units will be 2,150 square feet. Mr. Porto stated on-site parking provided by the revised plan exceeds the parking requirements established by the City's Off-Street Parking and Loading Regulations. The applicant is proposing 744 parking spaces, well in excess of the 666 required number. Mayor Lockhart asked if day care would be a permitted use in the live/work units. Mr. Porto responded a small daycare with under 6 students would be permitted by rights under our Ordinance; however, it would be very difficult to actually get a daycare into these types of spaces. Daycare was not specifically included, as this site is not very well suited for it. Mayor Lockhart confirmed that someone could potentially have a space and have up to 6 kids. Cm. Scholz questioned a comment made that there is no play area. Vm. Hildenbrand talked about small drop in centers in retail areas. Mr. Porto advised that adjacent is Bray Commons and within very close walking distance is a neighborhood square park facility. Mr. Porto reported that an e-mail had been received today from Maria Theren, who commented she felt the live/work units were a progressive idea, expressed concern about density mass, and that she hopes there is enough infrastructure to support this project. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 143 Cm. Scholz asked about how many stories high the buildings were. Mr. Porto responded 3 stories along Dublin Boulevard and then 3 and 4 stories over parking which is dug into the ground on units behind the units along Dublin Boulevard. Cm. Oravetz asked how the live/work units would be managed. Will there be some kind of a homeowners association? What if two of the same type businesses opened? How could this be monitored? Mr. Porto stated you could do it but the economy would actually handle it. City Attorney Elizabeth Silver stated the City does not get involved in a particular business and the need. We establish appropriate land uses. Vm. Hildenbrand stated she felt the sales people know these things and could tell people corning in in advance. She felt people would ask the questions. Dave Chadborne with Land Planning Associates stated Mike Porto did a very complete presentation and thanked Mike and City Staff. This will be a new concept for the City. Mayor Lockhart commented this is really creative and she liked it. Mayor Lockhart closed the public hearing. Vm. Hildenbrand said she was sure if they all sat quiet, they could hear former Councilmember George Zika cheering regarding the increased parking available. The live/work units are innovative and she was glad to see that we will have a chance to build this kind of housing. We have a chance to be on the cutting edge and innovative. Cm. Sbranti stated it is important to keep in mind the applicant already has an approved project and they have a chance tonight to improve the project. The enhanced design will give a little different look on Dublin Boulevard. The set back type units he is pleased with. Cm. Oravetz stated he felt this is a very good concept. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending the Planned Development District for Dublin Ranch Areas B, C, D & E to include PD-High-Density DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 144 Residential with live/work units for Sycamore Grove within the Fairway Ranch Project, and adopted RESOLUTION NO. 46 - 07 APPROVING THE AMENDED SITE DEVELOPMENT REVIEW FOR SYCAMORE GROVEIFAIRWAY RANCH PA 06-037 .. Public Hearing Weeds and Combustible Refuse Abatement Order 7:50 p.m. 6.2 (540-50) Mayor Lockhart opened the public hearing. Fire Marshal Bonnie Terra presented the Staff Report and advised that in accordance with Resolution No. 22-07, the City Council declared that there is a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks and property within the City. Notice of this was posted and letters sent to those property owners with violations. Over 400 letters were sent out. To date, we have 114 parcels in compliance. We have a good history of getting abatement prior to the 4th of July season. Bradley Chapman stated he lives on Stagecoach Road and regarding the section right behind the homes which he thought belongs to the County, has been a problem for years. They sprayed with herbicide and what they now have are 3 feet of dead weeds. Last year they had a fire which carne from fireworks at the high school. They were able to put it out. Ms. Terra stated there are actually several property owners along there. The County does do weed abatement on their portion. There is also a wildflower program established several years ago by the Public Works Department and they are green. She stated she will provide a card to Mr. Chapman and they will make sure the properties are maintained. Assistant City Manager Joni Pattillo stated we will do additional follow-up to make sure we stay on top of this issue. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 145 Cm. Sbranti stated this is a high activity area for high school fireworks and important to monitor. Mayor Lockhart asked Mr. Chapman to give his contact information to Staff so we can keep him informed. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. Hildenbrand, and by unanimous vote, the Council directed Staff to continue the weed abatement process. .. Public Hearing Amendment to Dublin Municipal Code Chapter 2.38 Relatin2 to the Sale of Surplus Real Property 7:57 p.m. 6.3 (670-80) Mayor Lockhart opened the public hearing. City Attorney Elizabeth Silver presented the Staff Report and advised that as part of a comprehensive update to the DMC, Staff has reviewed Chapter 2.38 and proposes revisions for purposes of clarification and to ensure compliance with state law. The amendments to this Chapter are very minor and technical in nature; there are no substantive amendments. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Cm. Scholz, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending Chapter 2.38 of the Dublin Municipal Code relating to the sale of surplus real property. .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 146 UNFINISHED BUSINESS Consultant Services A2reement with Downtown Solutions to prepare a General Plan Community Desi2n Element and Downtown Dublin Specific Plan 8:01 p.m. 7.1 (600-30/420-30) Senior Planner Jeff Baker presented the Staff Report and advised that the City Council will consider adopting a Resolution approving a Consulting Services Agreement with Downtown Solutions and authorizing the City Manager to sign the Agreement on behalf of the City. Mr. Baker discussed the project description, background, scope of work, design guidelines, community outreach, and future environmental review. Mr. Baker referenced an e-mail received in support of the Specific Plan from Maria Theren. Mark Brodeur from Downtown Solutions was in the audience and Mr. Baker stated Mr. Brodeur was present to answer any questions. Cm. Sbranti discussed the environmental review and asked what type would be required. Mr. Baker advised we don't know yet, but if we look at changes to land use there could be traffic impacts. The plan would ultimately determine the extent of environmental review. Mayor Lockhart commented on the e-mail which referenced downtown Pleasanton and Danville and clarified she wanted to make sure people aren't expecting something similar but rather the consultant will look at something a little more interactive. He has some great ideas. Cm. Sbranti commented they have done some really unique things and we look forward to having some really interactive things. We have our own challenges, but this will provide for some special opportunities for our community. On motion of Cm. Sbranti, seconded by Cm. Scholz, and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 147 RESOLUTION NO. 47 - 07 APPROVING A CONSULTING SERVICES AGREEMENT WITH DOWNTOWN SOLUTIONS, A DIVISION OF CIVIC SOLUTIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT .. NEW BUSINESS Desi2nation of Two Councilmembers as City Representatives to Discuss Compensation with City Attornev 8:11 p.m. 8.1 (600-30/110-30) Assistant City Manager Joni Pattillo advised that this item provides for the designation of two members of the City Council to discuss terms of the City Attorney's contract, including compensation, with the City Attorney pursuant to the Government Code. The two members would report their recommendation to the full Council in open session following meetings with the City Attorney. Mayor Lockhard recommended that Vm Hildenbrand and Cm. Sbranti serve this year. On motion of Cm. Oravetz, seconded by Mayor Lockhart, and by unanimous vote, the City Council appointed Vm. Hildenbrand and Cm. Sbranti to meet with the City Attorney. .. OTHER 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) 8:13 p.m. Assistant City Manager Joni Pattillo discussed the kick off of Dublin Pride Week and stated a variety of activities are planned beginning April 28th thru May 5th. Cm. Scholz advised that she had been away for the past 10 days. She requested that the City Council close the meeting tonight in memory of the unfortunate loss of students and teaching staff at Virginia Tech University. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 148 Cm. Sbranti stated he was pleased that Supervisor Haggerty organized a recent traffic summit in the Bay Area. He was also happy that Dublin was able to host a summit on April 11 th. Some good specific suggestions carne out of this. He was happy to participate in the groundbreaking of the new Shannon Community Center. Vm. Hildenbrand reported that she went to transportation 101 and the Shannon groundbreaking. She's glad it's moving along. Next week the Tri-Valley Adolescent Health Initiative is corning up on Tuesday. She viewed a copy of the DVD from Las Vegas where Dublin cheerleaders took 2nd place. She stated she hopes we can bring them in and recognize them at a future City Council meeting. Mayor Lockhart stated she knows how hard they work and we should honor them for their success. Mayor Lockhart stated the transportation summit was tremendously successful and our congressional representatives learned from us. She thanked Congressional Representatives Tauscher and McNerney and all those who participated. Mayor Lockhart announced that the meeting was adjourned in memory of the families and those who lost their lives at Virginia Tech. .. ADJOURNMENT 11.1 There being no further business to corne before the Council, the meeting was adjourned at 8 :22 p.m. Minutes prepared by Kay Keck, Interim City Clerk. ATTEST: ~ DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING April 17 , 2007 PAGE 149