Loading...
HomeMy WebLinkAbout05-01-2007 Adopted CC Min MINUTES OF THE cITY COUNCIL OF THE cITY OF DUBLIN RE6UL1tR MEETIN6 - MAY 1. 2007 CLOSED SESSION A closed session was held at 6:30 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 II. PUBLIC EMPLOYEE PERFORMANCE EVALUA110N - Government Code Section 54957, Title: City Attorney IlL CONFERENCE WITH LEGAL COUNSEL - EXIS11NG LlTIGA110N Government Code Section 54956.9, subdivision a Name of case: Granite Construction Company v. City of Dublin) Office of Administrative Hearings Arbitration #A -0005-06 ~ CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LlTIGA110N Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case . A regular meeting of the Dublin City Council was held on Tuesday, May 1,2007, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 13 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart. ABSENT: None . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 150 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 during Closed Session and it would continue at the end of the regular meeting. . ORAL COMMUNICATIONS Proclamation National Tourism Week 7:14 p.m. 3.1 (610-50) Mayor Lockhart read and presented a proclamation to Natalie Alvanez, Director of Communications and Membership of the Tri - Valley Convention and Visitors Bureau, proclaiming May 12-20,2007, as National Tourism Week. Ms. Alvanez thanked the Council for the proclamation and its support of Tri - Valley Tourism. . Public Comments 7:18 p.m. 3.2 The Mayor announced that Public Comment would be taken out of order and heard after the Consent Calendar. Georgean Vonheeder-Leopold, Dublin resident, presented examples of awards for presentation to Dublin businesses in relation to Agenda Item 8.1, Business Recognition Program. . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 151 CONSENT CALENDAR 7:18 p.m. Items 4.1 through 4.10 On motion of Oravetz, seconded by Vm. Hildenbrand and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes - None. Adopted (4.2 210-30/600-30) RESOLUTION NO. 48 - 07 APPROVING AN AGREEMENT WITH RES ENGINEERS, INC. FOR THE SHANNON COMMUNITY CENTER SPECIAL INSPECTIONS TESTING Adopted (4.3 670-80) ORDINANCE NO. 07 - 07 AMENDING CHAPfER 2.38 OF THE DUBUN MUNICIPAL CODE RELATING TO THE SALE OF SURPLUS REAL PROPERTY Adopted (4.4 600- 3 5) RESOLUTION NO. 49 - 07 AWARDING CONTRACT NO. 07-05 2006-2007 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND CURB RAMP INSTALLATION TO R. DAWSON CONSTRUCTION, INC. Adopted (4.5 450-30/410-30) ORDINANCE NO. 08 - 07 APPROVING AN AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT OF DUBLIN RANCH AREAS B, C, D AND E (pa 96-039) SPECIFICALLY FOR THE PROJECT KNOWN AS SYCAMORE GROVE WITHIN FAIRWAY RANCH (FA 03-010) LOCATED WITHIN THE EASTERN DUBUN SPECIFIC PLAN AREA TO INCLUDE UVE- WORK UNITS WITHIN THE PD-HIGH-DENSITY RESIDENTIAL ZONE PA 06-037 DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 152 Received (4.6 320-30) City Treasurer's Investment Report for 3rd Quarter FY 2006- 2007. Adopted (4.7 600-30) RESOLUTION NO. 50 - 07 APPROVING AMENDMENT NO.2 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR ADDmONAL DESIGN, CONSTRUCTION ADMINISTRATION AND CONSTRUCTION STAKING PHASES FOR the DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 PROJECT and approved the Budget Change. Adopted (4.8 600-35) RESOLUTION NO. 51 - 07 AWARDING CONTRACT NO. 07-04 ALAMO CREEK PARK PLAYGROUND RENOVATION TO M.A.K. ASSOCIATES INC. and approved the Budget Change. Adopted (4.9 295-30/600-30/670-20) RESOLUTION NO. 52 - 07 APPROVING A PURCHASE AND SALE AGREEMENT AND ASSIGNMENT AND ASSUMPTION OF LEASES AGREEMENT WITH BERKELEY LAND CO. FOR A PROPERTY LOCATED AT 11759 DUBLIN BOULEVARD Approved (4.10 300-40) the Warrant Register in the amount of $2,484,146.57. . WRITTEN COMMUNICATIONS - None .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 153 PUBUC HEARINGS Public Hearing Adoption of a Mitigated Negative Declaration For the Crossridge Road Trail Connection Improvements Project 7:20 p.m. 6.1 (600-35/930-30) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that a Mitigated Negative Declaration had been prepared for the Crossridge Road Trail Connection Improvements Project. The proposed project consisted of a pedestrian gate and asphalt paving to provide a connection between the Alamo Creek Trail in Dublin and the Bent Creek Open Space Trail/Emergency Vehicle Access in San Ramon. Richard Bennett, Dublin resident, stated he had used the trail on many occasions and was in favor of going forward with the connection of the trails. Evelyn Szymkiewicz, San Ramon resident, stated she was a frequent user of the trail and it was wonderful to have the trail opened to pedestrians. Mayor Lockhart closed the public hearing. Mayor Lockhart stated that although she had heard from Parks and Community Services Commissioner Richard Guarianti who wanted to see the trail access opened 24 hours a day, this was a compromise and it was appropriate to have the trail opened at dawn and closed at dusk, as with other City trails. Neighbors had a right not to worry about people on the trail after dusk. Cm. Sbranti asked Staff to monitor that the connection gate was opened and closed, as scheduled. Mayor Lockhart stated that because some people used the trail to commute, having it opened later than scheduled would impede their use. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 154 On motion of Cm. Oravetz, seconded by Vm. Hildenbrand by unanimous vote, the Council adopted RESOLUTION NO. 53 - 07 APPROVING THE MmGATED NEGATIVE DECLARATION FOR THE CROSSRIDGE ROAD TRAIL CONNECTION IMPROVEMENTS . Public Hearing PA 03-063 Scarlett Court Design Guidelines, General Plan Amendment and Amendments to Title 8 Zoning Ordinance, Of the Dublin Municipal Code to Create Chapter 8.34, Scarlett Court Overlay Zoning District' Amend Chapter 8.104, Site Development Review; and Amend the Zoning Map to Depict an Overlay Zoning Designation for the Scarlett Court Area 7:29 p.m. 6.2 (420-30/450-20) Mayor Lockhart opened the public hearing. Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider adopting a Resolution approving the Scarlett Court Design Guidelines and a Resolution approving a General Plan Amendment related to the Scarlett Court area. The City Council would also consider adopting an Ordinance amending Title 8 of the Dublin Municipal Code relating to the Scarlett Court area. Bill Wiseman, RBF Consultant, presented an overview of the Scarlett Court Design Guidelines highlighting major themes and how the design guidelines were organized. Cm. Sbranti asked what would be included in Phase 2 of the Scarlett Court Specific Plan. Senior Planner Fraser stated Phase 2 would consist of a full Specific Plan that included goals and policies, objectives, and could potentially include a land use change, if the Council decided that it was something it wanted to review. What had been discussed several months ago, was to get Phase 1 completed now, and then wait to see what happened with Camp Parks before moving on to Phase 2. Cm. Sbranti asked Staff what if, hypothetically, Business A, a light industrial business vacated, and Business B, came in with the exact same usage. To what extent would the guidelines come into effect, other than the changing of the business name sign. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 155 Senior Planner Fraser stated the Guidelines would not come into effect in that instance. But if the business owner chose to make any physical changes to the outside, then the Guidelines would come into effect. Cm. Sbranti asked Staff for clarification between an item being "required" vs. "encouraged," as stated in the Guidelines. Senior Planner Fraser remarked that "required" meant the item had to be done. When "encouraged" was used, it meant the item was what the City would like to see, but based on the way the properties were configured, it might not be possible to comply with the item, as directed in the Guidelines. Mr. Wiseman commented that there were two components from the Design Review process that made the use of the words important: 1) Are the items something the City specifically wanted to control, and 2) The use of "shall," "should" or "encourage," often times the City might want to give discretion to the Planning Commission to have a little flexibility; not be too rigid. Mayor Lockhart asked Staff if they had received any feedback from car dealerships regarding the Guidelines. Senior Planner Fraser stated that during the second community workshop there had been comments regarding lighting for car dealerships. They stated their lighting needs were different than another businesses. Staff had modified the Design Guidelines to include the section on Auto Dealership Lighting. Mayor Lockhart commented that she would not like one particular area of the City, that had auto sales, be penalized more than another area that also had auto sales based on the Guidelines; how could the City balance that to make if fair for everyone, such as the placing of banners to advertise businesses. Community Development Director Ram stated that banners were not allowed in the City. The City has been busy with Code Enforcement and has not had time to enforce that part of the Code. The Zoning Ordinance was being updated and the sign portion would be reviewed and revised as necessary. It would be best to wait until those changes were made to the Zoning Ordinance to decide what decisions were made regarding banners in the Scarlett Court area. Mayor Lockhart stated that there would be another opportunity to discuss the issue. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 156 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 adopted RESOLUTION NO. 54 - 07 ADOPTING THE SCARLETT COURT DESIGN GmDELINES PA 03-063 and RESOLUTION NO. 55 - 07 APPROVING AMENDMENTS TO THE GENERAL PLAN FOR THE SCARLETT COURT DESIGN GUIDEUNES PA 03-063 and waived the reading and INTRODUCED the Ordinance Adding Chapter 8.34 to the Dublin Municipal Code (Zoning Ordinance) Establishing the Scarlett Court Overlay Zoning District and Adding Section 8.104.030.J to the Dublin Municipal Code (Zoning Ordinance) Relating to the Scarlett Court Overlay Zoning District Site Development Review and Amending the Zoning Map to Add an Overlay Zoning District Designation to the Scarlett Court Area, PA 03-063. . Public Hearing Legislative Act - PA 03-060 and PA 06-030 Annexation, General Plan Amendment, Specific Plan Amendment, Stage 1 Development Plan for Casamira Valley (Moller Ranch) and Tipper Properties and a Stage 1 Development Plan For the Vargas Property, Supplemental Environmental Impact Report (Casamira Valley), Mitigated Negative Declaration (Vargas) and Pre-Annexation Agreement 7:54 p.m. 6.3 (620-20/420-30/600-60) Mayor Lockhart opened the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 157 Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider annexation of the Casamira Valley/Moller Ranch, Tipper and Vargas properties. The Project included an EIR, Stage 1 Development Plan and General Plan and Specific Plan Amendments for Casamira Valley in order to allow the future development of 298 attached and detached dwelling units. The Project also included a Mitigated Negative Declaration, Stage 1 Development Plan and General Plan and Specific Plan Amendments for Vargas in order to allow the future development of 33 detached dwelling units. No development was proposed on the Tipper property at this time. Vm. Hildenbrand asked how big was the planned community building? Would it be run by the Homeowners Association and would the public be able to rent it? Senior Planner Fraser stated that the size had not yet been determined and yes, it would be run by the Homeowners' Association and available to the public for rental. It would probably accommodate a small group and would be right next to a City park. Cm. Sbranti stated that in the Staff Report, it mentioned that the Vargas property would be developed simultaneously with the Fredrich property. There was no information regarding the Fredrich property. Would it come before the Council at a later date. Senior Planner Fraser stated that the Fredrich property had already been annexed. The next time Council saw the Vargas property, the Fredrich property would be included. Both properties would be one development. There would be approximately 70 units planned for the two properties. Cm. Sbranti asked Staff who would manage the conservation easement. Senior Planner Fraser stated that the applicant was proposing a Geologic Hazard Abatement District (GRAD) for that area. It would be maintained by the GRAD. That was preliminary; it would not be finalized until Stage 2, Site Development Review. Cm. Sbranti asked if there would be future development on the Tipper property. Senior Planner Fraser stated that right now, for purposes of the annexation, there was nothing planned. Morgan King, Planning Commissioner and Dublin resident, asked if the City reserved any kind of authority to make sure they HOA did maintain the proposed amenities, such as the preservation of the trail or the community meeting place. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 158 Senior Planner Fraser stated that with the Stage 2 document, the next step, it would detail who would maintain what amenity. Glenn Brown, DeSilva Group with the Casamira project, stated that the development was in a bowl, so you could look up and see Mt. Diablo, but it felt like you were away from the City. But when you walked up to the ridge, then you could look out to 580 and Livermore. As for the Conservation Easement, it was required by the resource agencies to protect the California Tiger Salamander and the Red-Legged Frog and it was required that it be maintained by an approved guardian. The DeSilva Group was speaking to a few groups that worked in concert with Alameda County Resources. Fred Musser, Sun Valley Land Development Company, thanked Staff for all their work on the project and was available for any questions. Mayor Lockhart closed the public hearing. Vm. Hildenbrand stated she was pleased to see a mix of product, such as triplexes and alley-loaded units. It would be a nice addition to the City and she was also pleased with the community building included in the development. She appreciated the developers bringing forward small detached homes with yards. Cm. Sbranti stated he was pleased with the creative way the community center was being managed, the preservation of the open space and the connectivity of the trail network. Cm. Oravetz stated he agreed with Vm. Hildenbrand and Cm. Sbranti and liked the 1,600 square foot homes and the trail that went through the neighborhood. Cm. Scholz stated she agreed with the previous comments made by the other Councilmembers and was pleased with the amenities. Mayor Lockhart stated she also liked both developments. It was a good variety of housing and the Community Center made perfect sense in bringing together the community that was kind of isolated in that area. Vm. Hildenbrand asked if the City's Park and Community Services Department would include the Community Center on a list of locations available for rent by the public. Senior Planner Fraser stated that it would be added to such a list. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 159 On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 56 - 07 CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING MITIGATION FINDINGS, FINDINGS REGARDING ALTERNATIVES, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MmGATION MONITORING AND REPORTING PROGRAM FOR THE CASAMIRA VALLEY /MOLLER RANCH PROJECT AND THE TIPPER PROEPRTY, LOCATED AT 6861 AND 7440 TASSAJARA ROAD (APNs 985-0001-001 and 986-0004-001) PA 03-060 and RESOLUTION NO. 57 - 07 ADOPTING A MITIGATED NEGATIVE DECLARATION, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MmGATION MONITORING AND REPORTING PROGRAM FOR THE VARGAS PROJECT PA 06-030 and RESOLUTION NO. 58 - 07 APPROVING AMENDMENTS TO THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN FOR THE CASAMIRA VALLEY/MOLLER RANCH PROPERTY, THE TIPPER PROPERTY AND THE VARGAS PROPERTY PA 03-060 AND 06-030 and RESOLUTION NO. 59 - 07 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DESILVA GROUP (CASAMIRA VALLEY/MOLLER RANCH AND TIPPER) AND SUN VALLEY LAND CO. (VARGAS) ANNEXATION NO. 17 PA 03-060 AND 06-030 and DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 160r RESOLUTION NO. 60 - 07 AUTHORIZING INmATION OF AN APPLICATION TO ANNEX THE CASAMIRA VALLEY/MOLLER RANCH, VARGAS AND TIPPER PROPERTIES ANNEXATION NO. 17 PA 003-060 AND 06-030 and waived the reading and INTRODUCED the Ordinance Prezoning the Casamira Valley/Moller Ranch Project Site and the Tipper Property to the Planned Development District and Approving a Related Stage 1 Development Plan, PA 03-060; and waived the reading and INTRODUCED the Ordinance Prezoning the Vargas Project Site to the Planned Development District and Approving a Related Stage 1 Development Plan, PA 03-060. .. Public Hearing PA 06-026 Dublin Gateway Medical Center Building 3 Hospital and Garage - Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement (Legislative and Adjudicatory Actions) 8:25 p.m. 6.4 (600-60) Community Development Director Jeri Ram presented the Staff Report and advised that the applicant had submitted a request for an alternative Project from that which was approved in 2006, which proposed the development of a 6-story 168,000 square foot 100-bed hospital and a 5-level parking garage with 1 level below ground and 4 levels above ground on approximately 3.13 acres of the 7.14 acre Dublin Gateway Medical Center site. The Planning Commission (PC) reviewed the proposed project during a public hearing on April 24, 2007, requested modifications to the project, and continued the project to the May 8, 2007 PC meeting. The City Council would consider continuing the project to the May 15, 2007 City Council meeting. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 161 Mter brief discussion, the Council determined to continue the item to the May 15, 2007 City Council meeting. . Public Hearing Update of Fee to Recover Costs of Preparing the General Plan and Eastern Dublin Specific Plan Amendments and Related Studies and Approvals for the Area Known as the Eastern Dublin Property Owners Annexation Area (aka Fallon Village) and a Related Reimbursement and Credit Agreement with Dublin RE Investors, LLC and Braddock & Logan Group II, LP for Funding Advanced to the City for Preparation of the General Plan and Eastern Dublin Specific Plan Amendments and Related Studies 8:27 p.m. 6.5 (390-20/600-30) Associate Attorney Leah Peachey presented the Staff Report and advised that the City Council would consider adopting an updated fee for the cost to prepare the General Plan and Eastern Dublin Specific Plan Amendments and related studies and approvals for the Eastern Dublin Property Owners Annexation Area (aka Fallon Village), and consider entering into a reimbursement agreement with Dublin RE Investors for funds advanced to the City to prepare the General Plan and Specific Plan Amendment and related studies and approvals for the Eastern Dublin Property Owners Annexation Area. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Mayor Lockhart commented that it was not fun to have to raise fees, but costs had to be covered. City Manager Ambrose commented it was also an equitable situation because other land owners that had gone ahead and paid for all the planning costs that for which other property owners did not have to participate. It was a way to make sure it was a level plaYing field with everyone contributing now. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 162 On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the Council adopted RESOLUTION NO. 61 - 07 UPDATING THE FEE TO RECOVER COSTS OF PREPARING AMENDMENTS TO THE GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN AND RELATED STUDIES AND APPROVALS and RESOLUTION NO. 62 - 07 APPROVING THE REIMBURSEMENT AND CREDIT AGREEMENT BETWEEN THE CITY OF DUBLIN, DUBLIN RE INVESTORS, LLC, AND BRADDOCK & LOGAN GROUP II, LP FOR THE COSTS OF PREPARING A GENERAL PLAN AMENDMENT AND A SPECIFIC PLAN AMENDMENT AND RELATED STUDIES AND APPROVALS FOR THE EASTERN DUBLIN PROPERTY OWNERS ANNEXATION AREA . UNFINISHED BUSINESS Resolution Approving the Use of Fiscal Year 2007-2008 Community Development Block Grant (CDBG) Funds by Executing Agreements with the County of Alameda and Various Service Organizations 8:33 p.m. 7.1 (600-40/600-30/480-10) Housing Specialist John Lucero presented the Staff Report and advised that the City Council would consider authorizing contracts between the City of Dublin and the County of Alameda, and the City of Dublin and Council-recommended recipients of CDBG funds for FY 2007-2008. On motion of Cm. Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 163 RESOLUTION NO. 63 - 07 AumORI~NGANAGREEMENTBETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA TO RECEIVE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2007 -2008 AND APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT -FUNDED AGREEMENTS WITH BAY AREA COMMUNITY SERVICES, OPEN HEART KITCHEN, SENIOR SUPPORT OF THE TRI-VALLEY, SPECTURM COMMUNITY SERVICES, INC., AND TRI- VALLEY HAVEN, FOR THE SAME FISCAL YEAR AND AumORIZING THE CITY MANAGER TO SIGN THE ABOVE AGREEENTS . NEW BUSINESS Business Recognition Program 8:36 p.m. 8.1 (470-70) Economic Development Director Chris Foss presented the Staff Report and advised that the City Council would consider a program to recognize Dublin business. Cm. Sbranti commented that at the California Economic Development Conference he attended it was emphasized that a City's best economic development plan was business retention and a recognition plan. All the facets of this Dublin Business Recognition Program were outstanding. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti and by unanimous vote, the City Council approved the Business Recognition Program. . Update on Livermore-Amador Valley Transit Authority Route 50 (East Dublin BART Station/Koll Center Park and Ride Lot Van Shuttle Service) 8:39 p.m. 8.2 (570-40) City Engineer Mark Lander presented the Staff Report and advised that a bus shuttle service was initiated between the East Dublin BART Station and the Koll Center Park and Ride Lot in August 2006 by the Livermore- Amador Valley Transportation Authority in DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 164 order to reduce parking demand at the BART Station and better utilize the Park and Ride Lot. This report would provide an update on the use of the shuttle service. Vm. Hildenbrand asked Staff if there was a way to advertise the Park and Ride Lot as an alternative for those citizens who parked on Arnold Drive. Mayor Lockhart commented that flyers advertising the Park and Ride Lot had been placed on those cars a number of times with little success. Some people might like the walk to the station. Cm. Sbranti asked Staff if there was any consideration to start the shuttles earlier to accommodate patrons that started work earlier in the day. The present hours set for the shuttle were 7:00 a.m. to 9:00 a.m. and 4:00 pm. to 6:30 p.m. Cm. Oravetz stated that he would pass the suggestion on to LA VTA. Mayor Lockhart stated that Wheels buses had been very cooperative in finding the funding to provide this service, as well as BART's participation in the program. The City Council received the report. . RECESS 8:47p.m. Mayor Lockhart called for a brief recess. The meeting reconvened with all Councilmembers present at 8:53 p.m. . Approval of Final Relocation Impact Statement for Capital Improvement Program Project No. 95556 - Dublin Historical Park Acquisition (Heritage Center Expansion) 8:53 p.m. 8.3 (295-30/330-40) Economic Development Director Chris Foss presented the Staff Report and advised that as part of Capital Improvement Program Project No. 95556 - Dublin Historic Park Acquisition (Heritage Center Expansion), 13 businesses would be impacted and subject DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 165 to relocation. A Relocation Impact Statement was required in order to identify the needs of the affected business occupants, discuss the relocation assistance available to the businesses, and identified commercial properties available for lease or sale that could accommodate the needs of the affected businesses. Jody Ramirez, Dublin Square tenant, stated she was curious to see what was going to happen. The City's suggested relocation sites had already been rented. She had been working in Dublin for 15 years. Simin Lalefar, Dublin Square tenant since November of 2006, knew of plans for the Heritage Park but had not known it would happen so soon. She had put in time to remodel and build her business. It had taken time to build her clientele and now having heard about the project had taken a toll on her business. She wanted some answers from the Council. She had a three-year lease and wanted to know where she would be relocated because she needed a large frontage for her business. Andrew Rafferty, President of Better Restoration of which Carpet Wizardry was a division and Dublin Square tenant, and also a Dublin resident, asked where the orchard would be located that was shown in the plans for the project. City Manager Ambrose stated that the orchard in the Master Plan for the Park was actually located where the current buildings were located. Mr. Rafferty stated that his business worked on an emergency basis. The comparable properties that he had been shown were 4 times to 30 times more expensive than where he was currently. None of them were of comparable use or size. It had not given him a lot of hope for relocation services. He asked if the City had consulted the residents of the area regarding the Park. It would make a beautiful park, but thought the people in the area would rather beautify the area by undergrounding the wiring in the area to protect the families of the City, instead of building a park. Bill Barnett, owner of All Video Repair a Dublin Square tenant, stated that one of the biggest frustrations he had had was the timing of the project. No one in the City had been able to say how much time he had left at the site. He asked if the Council could answer that question. Mayor Lockhart commented that the City had been working on the project for more than two years and had many public hearings regarding the park. A huge number of people had gotten involved and excited about protecting the heritage in Dublin. That was the one place that could be done. The City Council had denied the owner's request DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 166 to take down the present building and put up a brick and glass office building. If a change was coming to the Center, it was the perfect opportunity to protect the history of the area and create a park in a part of the community where the residents asked for more parkland. That area was developed before Dublin was a city and parkland was not considered the same way it was in the rest of the community. Many people came forward at the Parks and Community Services Commission meetings and had spoken in favor of having a park there because a change was coming to that center. The City had been publicly discussing this park for over two years. The City did not believe anything would happen before January 2008. There were no completed plans; the improvements had not yet been funded. Mr. Barnett asked if that meant the tenants would be able to stay in place through the end of the year. Mayor Lockhart responded yes. The tenants would be there through the end of the year. The City would become the landlord, if it purchased the shopping center. The City would have more public hearings on developing and funding the plan, and there would be a budget process in June. There would be people contacting the tenants and working with them regarding relocation. Mr. Barnett stated he was surprised when the relocation specialist told him the relocation could happen as early as July of this year. City Manager Ambrose stated that at that time, the City still had not had an agreement with the property owner, and that could have been the reason for the uncertainty of the timeline. The City now had a sales agreement and escrow would close on May 9. The Council had approved the agreement earlier in the meeting and the City would now become the property owner. Ms. Lalefar asked why had her business license been approved if the project was in the works. City Manager Ambrose stated that the City had no agreement with the property owner at that time. The City was not the land owner and, if she had met all the requirements to locate her business in that location, the City was required to issue her a business license. Ms. Lalefar stated that she was told that the application would be run by the City Attorney and the land was in the process of negotiations. It was unfair as a business owner to spend so much money if she was going to have to relocate. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 167 ~ of l2V~ 1/~~~~~&\~ 19~~!r2 ,~~ ll'Ov"~ Vm. Hildenbrand asked Staff who would have needed to relay the message of the project to Ms. Lalefar -- Berkeley Land or City Staff. City Manager Ambrose stated that the City was not the owner of the property at that time and no guarantee that the City was going to become the property owner, so the City had no legal basis for turning down her application for a business license. Vm. Hildenbrand stated that it was then the responsibility of the property owner to disclose the situation. Ms. Lalefar stated that the property owner told her that the project had been discussed for a long time, but nothing had been finalized. That was why she had applied for the license. City Manager Ambrose asked Ms. Lalefar what was the effective date of her lease. Ms. Lalefar stated November of 2006. City Manager Ambrose stated that the City had not begun negotiations until December of 2006. City Staff knew that there was a plan the Council had approved, but there had been no other action taken as far as property negotiations. Mayor Lockhart stated that it would not have been fair if the City had told Ms. Lalefar not to get that license or for the City to tell businesses not to deal with the property owners; to not have a business at the location. Ms. Lalefar asked Council if it had been fair to her to spend so much money and have the situation up in the air. Mayor Lockhart stated it was probably not fair to anyone but sometimes there was a greater good for the community and it was the Council's job to manage that. The City's Legal Counsel Claudia Gorham stated the City had no authority whatsoever on what Berkeley Land did or did not do with Ms. Lalefar at the time they entered into a lease with her. Review of Business licenses could be for various reasons. Until there were actual signed documents between the City and Berkeley Land, Berkeley Land could do whatever it wanted, it could lease or not lease to whomever it wanted. It was a business decision by Berkeley Land and Ms. Lalefar. The City had no say in it. Because of the schedule, and various things that might happen, no tenants would have to vacate prior to January 1, 2008. The timeline would be decided in the future. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 168 Ms. Ramirez asked if the rents would stay the same after escrow closed. Would business owners be allowed to continue if their business licenses expired in October 2007. City Manager Ambrose stated that there was not yet a schedule and would not have one until the Council funded the improvement costs, which would happen in June, and until them, those questions could not be answered. Cm. Scholz asked how long had the City been working with the Heritage project. Cm. Sbranti stated that it was in August of 2001 that Berkeley Land Co. came before the Council to tear down the building and put up an office building. There had been community members that came before the Council to speak against the project. A member of the Dublin Historical Society suggested the Heritage project. Vm. Hildenbrand stated that the project had been a long time coming. The City has a park land deficit and there is a need to have a park in this area of the City. There had been multiple processes for the project. Mayor Lockhart stated that it had been a public hearing item for both the Parks and Community Services and Heritage and Cultural Arts Commission. The Park had been designed in the public eye. City Manager Ambrose stated there had also been public workshops on the project. On motion of Cm. Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 64 - 07 APPROVING FINAL RELOCATION IMPACT STATEMENT FOR CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 95556 - DUBLIN HISTORIC PARK ACQUISmON (HISTORIC PARK EXPANSION) . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 169 Consideration of Request For Additional Funds for Fiscal 2006-2007 from TV30-Community Television 9:25 p.m. 8.4 (1050-50) Assistant City Manager Joni Pattillo presented the Staff Report and advised that TV30 Community Television currently received funding from the Cities of Dublin, Livermore, Pleasanton, and San Ramon through the franchise agreement with Comcast where a fee of $.50 per subscriber was allocated. The City Council would consider a request from TV30 for additional funds to support the operations for balance of Fiscal 2006-2007. The Council asked Staff how did the situation of being over budget occur and when did the fiscal year end. Assistant City Manager Pattillo stated that expenses far exceeded what had been budgeted and revenue shortfalls added to the problem. There was a lack of insight regarding the balance of revenues and expenditures. There was also a $100,000 line of credit of which some of the TV30 Board members had not been made aware. The intent of the line of credit had been to smooth out revenue, to make sure cash flow was going to be available. City Manager Ambrose stated that about a $100,000 deficit occurred in FY 2005-2006, and about a $108,000 deficit in FY 2006-2007. There would be a structural deficit going into FY2007 -2008. These were the types of issues the Cities of Dublin, Livermore, Pleasanton and San Ramon (Cities) wanted to examine because they made their contributions upfront. Those contributions made up two-thirds of TV30's budget. That was one of the reasons the Cities wanted the financial audit completed; to understand the types of expenses and to verify the nature of those expenses. TV30 had also not been getting a monthly statement of expenditures and revenues. After the four City Managers met with Staff liaisons to discuss the issues, this was a collective recommendations made to the Board of Directors as well as to their respective Cities, to get TV30 on sound financial footing. There was also a need to reach agreement on what the future service levels should be for the organization, establish a budget to fund it, and make certain the budget was adhered to. That, evidently, had not been the case with the Board and management. Vm. Hildenbrand asked if the old Board, basically, was not balancing its checkbook. Mayor Lockhart stated that the deficit had included some major equipment purchases. The fact that it was purchased without a budget available was the issue. A van had been DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 170 purchased. How the van had been purchased, reported and funded were all issues that needed to be clarified. Steps needed to be taken to find out how the budget got off track and now, how to get it back on track and in the future, have policies and guidelines and oversight that would allow the Cities to bring the community back on some sort of a community board to help in the operation of the studio. Vm. Hildenbrand stated she found it astounding that the Board, for a non-profit organization, was not doing its job or not asking for the associated budget information. Assistant City Manager Pattillo stated that these items had been discussed by the Cities and now they would have put safeguards in place so this would not happen again. Collectively, the four Cities had worked well together, recognizing that TV30 provided a valuable service that they wanted to see continue. It would be an opportunity to put in appropriate constraints that were required for any good business model. City Manager Ambrose stated TV30 would not be able to make payroll this week if this request was not approved. Assistant City Manager Pattillo stated she had been at some of the meetings with the City's Managers and they had discussed various alternatives before bringing forward this request. This had been a well thought-out process. The request included funds for audits. Cm. Scholz stated it was definitely reprehensible and would not pass it off so easily. As public officials representing the community, it needed to be looked at more seriously. It happened because there was not a watch dog there. Mayor Lockhart stated it indeed was a serious issue and was being taken seriously, but questions could not be answered about exactly what happened until that information was attained. The next step was to analyze what did go wrong, where the money went, understanding on what the money was spent, and then putting policies and guidelines into place. The budget amount for TV30 was determined by the pass-through funding, .50 per subscriber that the Cities put together toward a community television station. It was two-thirds of the funding. The Cities believed that with the community board and Staff oversight, the other one-third of funding would be generated. The Council discussed and agreed that this was a situation that did need to be examined, have a thorough audit, and now have safeguards put in place. That was the current Board's priority. There were now elected officials on the Board and participating in the oversight of TV30. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 171 City Manager Ambrose stated that cities fund many non-profit corporations, but those cities do not determine their budgets. TV30 was a non-profit corporation. They determined their budget and they requested funding from cities. Cm. Scholz asked if the City had funded TV30 based on what they were told by the station. City Manager Ambrose stated the Cities received the funds through what was billed on the cable bill for public access television. That amount went to TV30. That made up a substantial part of their budget. They also had revenue generating services they provided. They had ultimate responsibility for their budget. The Cities were asking taxpayers for more funds and the Cities needed to take a closer look at how the money was being spent. Cm. Oravetz stated he agreed with the $65,000 funding of TV30, but concurred with Cm. Scholz that there had been a miscalculation of public funds and wanted to see the audit go forward. There were many tools available today to do day-to-day budgeting. City Manager Ambrose stated that one of the controls that would be instituted was that money would now be dispersed to TV30 by the City of Pleasanton, as needed. Cm. Sbranti stated that it appeared that part of the overruns were capital expenses of older equipment. Looking ahead, those items were now in place and would not be needed in the near future. Mayor Lockhart stated that all equipment needs had not been addressed. But those purchases would be audited. Reports from the Board would be shared so that everyone would be informed. Cm. Sbranti asked Staff if the .50 pass-through from the cable bill could be increased. Assistant City Attorney Bakker stated that the Comcast had the option under AB 2987, the statewide franchise bill, to opt out of the local franchise. At that point, the City had an opportunity to require one percent of gross revenues as the City's PEG obligation. Cm. Scholz reiterated that the City needed to be more diligent and careful. It was not excusable. The citizens of Dublin deserved an explanation for the budget problems. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 172 Mayor Lockhart stated that some of the audit money could be used to review budget alternatives for the station. What would come out of this would be a better run station and an opportunity for all four Cities to come together and have a current day discussion of what was important, what it did for us, and what the Cities need from the station. The Council concurred that once the audit was completed, the four Cities' Councils should meet to disQUSS the audit and operations of 'IV30. It would allow all Councilmembers an opportunity to discuss these issues together. City Manager Ambrose stated that 'IV30 would soon be facing a budget for FY 2007- 2008 and would not have the results of either the financial or management audit. It could not be done that quickly. All the answers would not be available to make future decisions. Assistant City Manager Pattillo stated the Cities might have to propose an interim budget until the studies were done. On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the City Council approved the allocation of additional funds for 'IV30 Community Television for Fiscal Year 2006-2007, and approved the Budget Change. . Procedures for Naming Future Parks 9:58 p.m. 8.5 (610-20/920-60) Parks and Community Services Director Diane Lowart presented the Staff Report and advised that there were two City parks in various stages of development. Area F Neighborhood Square was under construction and Area G Neighborhood Square had design approval and preparation of construction documents was underway. Staff was seeking direction from the City Council on the procedure for naming future parks. Cm. Scholz asked how the City had named parks in the past. Parks and Community Services Director Lowart stated that the City had inherited some of the names of the parks and there had been a gamut of ways the parks had been named, such as individuals in the City's history. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 173 City Manager Ambrose stated that three City parks had been named after geographic areas. Cm. Scholz asked if the City could name parks on a case-by-case basis versus having a procedure. Vm. Hildenbrand stated that there were interesting ways the parks were named. Such as Bray Commons or Wicklow Square. She found it interesting how Staff came forward with names and the reasons behind the names. She did like the idea of maybe getting input from citizens via the City's website. Cm. Oravetz stated he would like the Parks and Community Services Department to continue with its input as it had in the past and also liked the idea of getting community input via the City's website. Cm. Sbranti commented he also liked the idea of utilizing the website, but would like Staff to give some detail on the web site as to why Staff was proposing particular names. Cm. Scholz stated she would like to have more input from the citizens of Dublin. Vm. Hildenbrand stated that when she had been on the Parks Commission, Staff had done an excellent job in communicating and getting citizen input when City parks were built. The naming of the parks was usually done by the Parks Commission after the vision had been established by the community via workshops regarding what they wanted to see in the parks. City Staff had done an excellent job in reaching out to the residents. They listened to the public. The City had empowered the citizens to have input. Cm. Sbranti stated that residents could suggest names via the website. The Parks Commission could look at all the suggestions, and forward all of them to the Council. Mayor Lockhart stated that when you speak of community input, the Parks Commissioners are part of the community. The Council and Staff concurred to continue naming parks as the City had done in the past, and would look at the possibility of adding a facet to that process by using the website, in some manner, to include resident input. . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 174 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 (AB 1234) 10:14 p.m. City Manager Ambrose stated it was Dublin Pride Week and thanked Staff for the work they had done with the volunteers, Saturday, April 28. There had been a lot of excellent Staff work in connection with the event. Cm. Scholz had nothing to report. Cm. Oravetz stated he had participated in the Electronic Waste event associated with Dublin Pride Week. He asked Staff for the location of the Hazardous Waste event and Compost Give Away. He had attended the opening of the Fire and Ice Restaurant in Livermore on First Street. He encouraged Dublin residents to visit the restaurant. Cm. Sbranti stated he had attended the League of California Cities Dinner with Mayor Lockhart and Vm. Hildenbrand and heard from the Times Political Reporter. He participated in the Dublin High Athletics Boosters' Golf Tournament; spoke at St. Raymond Career Fair Day; attended a Tri-Valley Adolescent Health Initiative meeting regarding moving forward with the adult steering committee; attended a meeting at the Dublin Chamber of Commerce where they were working on a mixer to bring community groups together such as Lions Club, Women's Club, Rotary and City Staff; he had participated at the bar-b-que for Dublin Pride Week with the Lions Club. He wanted to honor the Knights of Columbus' 25th Anniversary. He also wanted to bring forward, for Staff to take a look, a ban on super centers in excess of 90,000 sq. ft., with over 5% non-taxable grocery items. He would like to look at a Zoning Ordinance regarding such a ban. Vm. Hildenbrand asked if the City could put letters outside of restaurants regarding their cleanliness, as did the County. City Manager Ambrose stated the City could not. Vm. Hildenbrand stated she had attended the League Dinner and as a member of the Executive Committee, asked if the Council had received invitations to the Bocce ball tournament. She attended a TV30 fundraiser at Tommy Ts. She attended the Tri - Valley Adolescent Health Initiative Stakeholder's meeting. They were moving forward getting input from the adults as well as the youth. It would be interesting to see the outcome. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 175 Mayor Lockhart stated she attended the Tri-Valley Housing Opportunity Center meeting. Bays Realtor became the first platinum sponsor for the Center, they also celebrated the 50 new homeowners that had gone through the program and purchased homes. She also acknowledged the wonderful work of the City's Housing Staff, John Lucero and Gaylene Burkett. She also attended the CMA, ACTIA, and Waste Management Authority (WMA) meeting. WMA Staff came up with five items that each City in the County could do to bring the County to 75% reduction in waste. Dublin had done the 4 most difficult items. The only one the City had not done was setting a goal of 75% reduction. Down the road, if Cities in the County did not comply, they would not get Measure B funding. The Mayor had received a letter from the Board of Supervisors advising that they would be hosting the California State Association of Counties Annual Conference from November 13-16, in Oakland and would be looking for support from the Cities in the County. She wanted to apologize to Lee Jouthas, Library Director, for not announcing in advance that April was Happy Library Week. One statement that jumped out at her regarding the dynamic rewards of libraries was that for every $1 invested in public libraries, there was a $4-6 return on the investment in the communities. Cm. Sbranti announced that Thursday would be the City's fireworks lotto. Staff announced the Hazardous Waste Drop Off location was 5601 Arnold Drive, 7:30 a.m. to 2:30 p.m. . CLOSED SESSION 10:28 p.m. Mayor Lockhart announced that the Council would adjourn to the continued Closed Session. 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 IL PUBLIC EMPLOYEE PERFORMANCE EVALUA110N - Government Code Section 54957, Title: City Attorney DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 176 III. CONFERENCE WITH LEGAL COUNSEL -- EXIS11NG LlTIGA110N Government Code Section 54956.9, subdivision a Name of case: Granite Construction Company v. City of Dublin) Office of Administrative Hearings Arbitration #A -0005-06 ~ CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LlTIGA110N Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case . REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no reportable action from Closed Session. . ADJOURNMENT L 11.1 There being no further business to come before the Council, the meeting was adjourned at 11 :05 p.m. Minutes prepared by Caroline P. Soto, Deputy City Clerk. ATTEST: ~ DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING May 1, 2007 PAGE 177 .