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HomeMy WebLinkAbout4.01 Draft CC 08-21-2007 Agenda DRAFT MINUTES OF THE cITY COUNCIL OF THE cITY OF DUBLIN REGULAR MEETING - AU2:ust 21~ 2007 CLOSED SESSION - None ~"",""" T A regular meeting of the Dublin City Council was held on Tuesday, August21, 2007, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:03 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart. . ABSENT: None . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . ORAL COMMUNICATIONS Introduction of New Employees: Rhonda Franklin, Administrative Technician; Anastasia Nelson~ Office Assistant II; and Cindi Santos~ Pre-School Instructor 7:03 p.m. 3.1 (700-10) Parks and Community Services Director Diane Lowart recognized Rhonda Franklin, promoted to Administrative Technician; and Cindi Santos as the new Pre-School Instructor. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 342 G DRAFT Community Development Director Jeri Ram introduced Anastasia Nelson as the new Office Assistant II. The Council welcomed Ms. Santos, and Ms. Nelson to the City of Dublin Staff. The Council congratulated MS. Franklin on her promotion. . Presentation by the Zone 7 Water Agency Ree:ardine: the Stream Manae:ement Master Plan (Stream WISE) 7:07 p.m. 3.2 (1000-70) Public Works Director Melissa Morton presented the Staff Report and advised that Zone 7 Water Agency would make a presentation regarding the past work and current status of its Stream Management Master Plan (SMMP) and the Stream WISE program for implementation of these important flood control and environmental/community enhancing plans and their related projects within the City and the Tri-Valley area. General Manager of Zone 7, Jill Duerig, introduced Gerry Nakano, Co-Project Manager, who presented information on the past work and current status of its Stream Management Master Plan (SMMP) and the Stream WISE program. Cm. Sbranti asked Mr. Nakano, in reference to the 24 projects that were going to be prioritized, was it a 5-year or 10-year Capital Improvement Program (CIP), or both. Mr. Nakano responded that it was both. The 24 projects were identified as those projects needing additional analysis. Cm. Sbranti asked what percentage of the identified projects would be funded. Ms. Duerig stated that was hard to determine at this point. There was a financial group working on how to fund these projects. Currently the CIP had a five-year window and hoped to extend it to a 10-year horizon. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 343 DRAFT Cm. Oravetz asked Ms. Duerig what would happen if the Del Valle Dam catastrophically failed. Ms. Duerig stated that Zone 7 did not own the Dam. It was owned by the Department of Water Resources. The Department did not consider it to be one of their more high risk dams. The Council received the presentation and thanked Ms. Duerig and Mr. Nakano. . Youth Advisorv Committee Appointments 7:25 p.m. 3.3 (110-30) Parks and Community Services Director Diane Lowart presented the Staff Report and advised that the term of office for the Youth Advisory Committee expired in August 2007. The openings for the upcoming term were advertised and seventeen applications were received for the youth member positions. The Mayor recommended the appointment of 13 youth and two alternates. . The Mayor commented that it was very difficult to make selections since they were all great applicants. On motion of Cm. Sbranti, seconded by Vice Mayor Hildenbrand and by unanimous vote, the Council confirmed the Mayor's appointments to the Youth Advisory Committee for the term September 2007 through August 2008. .. Public Works Intern Proiect - Street Sie:n and Markine: Inventorv 7:26 p.m. 3.4 (820-30) Public Works Director Melissa Morton presented the Staff Report and advised that this year's Public Works Intern worked to provide a current inventory of street signs and/or pavement markings in the City. This presentation would discuss the project and the DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 344 DRAFT benefits it would provide to the services provided to the community by the Public Works Department. Public Works Intern Silas Toms made a presentation on his project of counting traffic control devices throughout the City using a global positioning receiver. Items counted included street signs and their poles, pavement markings, and curb markings. This information was needed to confirm the proper location of these devices to ensure citizen safety. Over 11,000 devices were counted. Cm. Sbranti asked Mr. Toms ifhe passed on any maintenance information regarding work needed on these devices to the Public Works Department. Mr. Toms confirmed he had and the items had been handled by Public Works. The Council received the presentation and thanked Mr. Toms for his thorough work. . Public Comments 7:34 p.m~ 3.5 No comments were made by any member of the public at this time. Mayor Lockhart presented a Certificate of Appreciation to Shawn Akbarpour, owner of Enigma Motors, for his support of the Valley Children's Museum and the City of Dublin. Mr. Akbarpour presented Mr. Bill Schaub, member of the Board of the Valley Children's Museum, a check for $43,000 from a recent fundraising event sponsored by Enigma Motors. Mr. Akbarpour thanked the Council for its support of the event. Mayor Lockhart presented a Certificate of Appreciation to the Lin Family via their representative Jim Tong, for their support of Hope Hospice. Mr. Jim Tong presented a Deed of Trust from the Lin Family to Hope Hospice for the land of the site of the future Hope Hospice facility. Mr. Everitt Beers, President of the Board of Hope Hospice, thanked the Mayor for her introduction of the two parties. Helen Meier, Executive Director of Hope Hospice, thanked Mr. Tong, the Lin Family, Mayor Lockhart and the DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 345 DRAFT City Council. The future facility will house the patient care team, bereavement services, and administrative office. '. CONSENT CALENDAR 7 :46 p.m. Items 4.1 through 4.10 On motion of Cm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes - None. Adopted (4.2 590-20) ORDINANCE NO. 17 - 07 ESTABLISHING SPEED LIMITS ON CENTRAL PARKWAY (ARNOLD ROAD TO TASSAJARA ROAD), GLEASON DRIVE (ARNOLD ROAD TO TASSAJARA ROAD), NORTH AND SOUTH DUBLIN RANCH DRIVE, SIGNAL HILL DRIVE, BENT TREE DRIVE, AND FALLON ROAD (BENT TREE DRIVE TO SIGNAL HILL DRIVE) Adopted (4.3 410-40) RESOLUTION NO. 149 - 07 APPROVING PARCEL MAP 9485 (G AND G INTERNATIONAL HOLDING GROUP - GRAYSON BUILDING) Received (4.4 320-30) City Treasurer's Investment Report for 4th Quarter 2006-2007; DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING . August 21, 2007 PAGE 346 DRAFT Approved (4.5 600-35) Budget Change in the amount of $23,400; and accepted improvements under Contract No. 07-07, Dublin Boulevard Bridge Resurfacing at Alamo Canal, and authorized the release of retention after 35 days if there were no subcontractor claims. Adopted (4.6 600-35) RESOLUTION NO. 150 - 07 ACCEPTING IMPROVEMENTS TO ALAMO CREEK PARK CONTRACT NO. 07-04 Adopted (4.7 600-60) ORDINANCE NO. 18 - 07 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STANFORTH HOLDING COMPANY Adopted (4.8 600-30) RESOLUTION NO. 151 - 07 AMENDING THE SALARY PLAN and approved City Manager's Employment Agreement as recommended by Agency Negotiating Team; Authorized (4.9 600-35) the Mayor to execute the Agreement with Toll Brothers; authorized the City Manager to execute Change Order #2 with Jensen Corporation; and approved the Budget Change. Approved (4.1,0 300-40) the Warrant Register in the amount of$6,445,084.73. .. WRITTEN COMMUNICATIONS - None DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 347 DRAFT . PUBLIC HEARINGS - None . UNFINISHED BUSINESS Report Prepared by PFM Asset Management LLC (PFM) Assessment and Review of the City's Investment Portfolio and Procedures and Adoption of an Updated City of Dublin Investment Policv 7:46 p.m. 7.1 (320-30) Administrative Services Director Paul Rankin presented the Staff Report and advised that the City Council authorized a review of the City Investment practices and policy, which was performed by PFM. This firm was an investment advisor to many public agencies. The results of the report and proposed modification to the City Investment Policy would be presented to the City Council for their consideration. Mr. Richard Babee, Senior Management Consultant of PFM, presented highlights of the report provided to Council which reviewed and suggested recommendations regarding the City's investment policy. Cm Sbranti asked Mr. Babee about the City having 45% of securities that were callable within a year, and in the report, PFM recommended having 25% of securities that were callable within a year. What was the reason for such a discrepancy. Mr. Babee stated their viewpoint was buying a federal agency callable security was very high quality, AAA from' a credit risk outlook. The implications on managing a portfolio, if it was a callable security, it typically was called when there was a low interest rate and you would have to reinvest it at that time. They would like to see an entity reinvest at a moderate level so they get the benefit of the extra yield on callables, and not take so much reinvestment risk. It was just something to consider and do over time. It was important to make changes over time, not all at once. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 348 DRAFT Cm. Oravetz asked Mr. Babee what he believed the mortgage rates might be in 2008. Mr. Babee stated that he could not make a predication of what the interest rates would be in 2008. The market currently expected basically 2% interest rates going down. The whole yield curve would go down by 2%. Things could change dramatically over time. Administrative Services Director Paul Rankin stated that the investment report for the period ending June 30, 2007 on the Consent Calendar the Council incorporated some of the recommendations from the output from the new accounting system that was part of the City's discussions and learning with PFM. Cm. Sbranti asked how often an analysis was done on the City's investment practices. Administrative Services Director Rankin stated this was the first time the City used an outside firm. The investment policy was brought to the Council annually. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti and by unanimous vote, the City Council adopted RESOLUTION NO. 152 - 07 ADOPTING A REVISED POLICY FOR CITY INVESTMENTS . Adoption of Regional Housing Needs Allocation (RHNA) for the San Francisco Bay Area Ree:ion for the 2007-2014 Housine: Element Cycle 7:59 p.m. 7.2 (430-20) Senior Planner Marcie Nuccio presented the Staff Report and advised that the City Council would review the draft allocation of housing units prepared by the Association of Bay Area Governments (ABAG) for Dublin. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 349 DRAFT Cm. Oravetz asked what the numbers were for Dublin's neighboring cities. Mayor Lockhart stated she did not believe either neighboring City received more than Dublin. Vm. Hildenbrand stated that just because the Cities had more numbers allocated or not, some do not necessarily build that number of units. The idea was that everyone had a variety of housing. Mayor Lockhart stated that as a member of the ABAG Board, they had discussed the reason the multiplier was aggressive was because large cities did not want ABAG concentrating all the poor in their communities while not spreading it out throughout the county. The biggest problem was that all the services for low income residents were in those large cities. The discussion was if the large cities wanted the smaller cities to take more of the numbers then provide the smaller cities with some of the services. The big cities were not interested in sharing their services, only in sharing the residents that needed the services. Until that was adjusted, it would be difficult for the smaller cities to provide housing because they could not provide the human infrastructure that went with it. The City would continue to do its best. Vm. Hildenbrand stated that being on two of those committees, the problem was the bigger cities had more votes. Until they start to hear what the smaller regions had to say, it was an uphill battle. Cm. Sbranti asked, according to the process, did the City have to show the capability that during the seven year period, the City had enough zoning to do 3,330 units at the income level they were recommending. Did ABAG take into account land availability? Senior Planner Nuccio stated that regarding his first question, that was correct. They looked at five factors specifically: household growth, employment growth, existing, future and near transit. Mayor Lockhart stated that hopefully ABAG would get realistic about the process and the formulas. The City did get extra funding and monetary rewards for meeting ABAG goals. Cm. Sbranti asked how long it would take for the Housing Element to go to the State. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 350 DRAFT Senior Planner Nuccio stated that the numbers were not due until June 2009, but the City would try to get the numbers to the State early. The City Council received the report. . Agreement with Rovston Hanamoto Allev & Abev (RHAA) for Dublin Historic Park~ Phase 1 8:09 p.m. 7.3 (600-30) Parks and Community Services Director Diane Lowart presented the Staff Report and advised that one of the Fiscal Year 2007-2008 High Priority City Council goals was to undertake development of design and construction documents for Phase I of the Dublin Historic Park upon acquisition of the Dublin Square Shopping Center. The City acquired the Shopping Center in Fiscal Year 2006-2007 and funds were included to proceed with the Phase I improvements in the Fiscal Year 2007-2008 Budget. The City Council would consider a proposal for landscape architectural services from Royston Hanamoto Alley & Abey who prepared the original master plan for the Dublin Historic Park. Cm. Sbranti asked for clarification of the surplus funds allotted to this project at the Budget Hearing for the specific intention, if the opportunity arose, to move the Kolb House. Parks and Community Director Lowart stated that the Council had set aside $2.5 million for this project but Council needed to recognize that there were three additional phases to the Dublin Historic Park for which the City was hoping to use the money. But it could also be used for the moving of the house. But at some point in the future, the City would need to find additional money to finalize the Master Plan. City Manager Richard Ambrose stated that Phase I was basically demolition, turf, irrigation, and a parking lot, at a cost of $2.4 million. Phase II was the $4 million phase and did not include the relocation of the Kolb House. The Kolb House was always in DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21,2007 PAGE 351 DRAFT addition to the numbers that were included in the Historic Park Master Plan. Staff was asked to look at the relocation of the Kolb House after the Historic Park Master Plan and costs had been completed. The City was still short $1.5 million for the relocation. Mayor Lockhart asked what would need to be done to the site before the building could be moved to the Park. Parks and Community Director Lowart stated Staff would be looking at the uses of the buildings and the implications of moving them and where there would go on the site. They would like to move the home as part of Phase I. Mayor Lockhart stated that when the Council first discussed relocation of the home, they were not necessarily speaking of all the buildings. City Manager Ambrose stated that the $2.5 million could be used in Phase I for relocation of the house but could not then be used for Phase II. Vm. Hildenbrand stated the house was a big part of the City's history and it was important to preserve it. Cm. Oravetz asked if they were discussing the main ranch house. Could the $.1 million he . and Vm. Hildenbrand previously found in the Affordable Housing budget be used for this relocation. City Manager Ambrose stated Staffs suggestion would be to wait until the historical consultant finished their work to give the Council a good assessment of what was the historical value of the buildings and then decide how many structures to actually relocate Mayor Lockhart stated the value determined by the study could be different than the value to the community as it was one of the City's founding family's homestead. Parks and Community Director Lowart stated that the historical architect had visited the site and was extremely excited about had been preserved and recognized the value to the community, not just the value of the home. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 352 DRAFT Mayor Lockhart asked if the were any organizations that might be interested in providing a grant for the project. Parks and Community Director Lowart stated that there were so few organizations like that and so many projects that it was unlikely, but Staffwould continue to look. Cm. Oravetz asked if the Councilmembers could take a field trip to the house. Parks and Community Director Lowart stated that she had photos that she would forward to the Council and also contact the family to see if she could arrange a visit by the Council On motion of Cm. Oravetz, seconded by Vm. Hildenbrand by unanimous vote, the City Council adopted RESOLUTION NO. 153 - 07 APPROVING AN AGREEMENT WITH ROYSTON HANAMOTO ALLEY & ABEY FOR LANDSCAPE ARCHITECTURAL SERVICES RELATED TO DUBLIN HISTORIC PARK MASTER PLAN ADDENDUM & PHASE I IMPROVEMENTS . NEW BUSINESS Initiation of a General Plan Amendment Study for the Schaefer Ranch Development Located at the Western Terminus of Dublin Boulevard 8:20 p.m. 8.1 (420-30) Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would review the request to initiate a General Plan Amendment Study to change the land use designation from Retail/Office and Estate Residential to Single-Family Residential for that portion of the Schaefer Ranch development located south of Dublin Boulevard and west of Schaefer Ranch Road to allow construction of single-family homes with a density DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 353 DRAFT range of 0.9-6.0 dwelling units per acre which was consistent with the Single-Family Residential Land Use Designation. Cm. Oravetz asked if there would be any area left that could have a convenience store or gas station - commercial designation. Senior Planner Jeff Baker pointed out a 1.15 acre parcel that was designated as public/semi-public use and another small commercial parcel as part of the General Plan, just below the freeway overpass. Doug Chen, Project Manager, Discovery Builders, thanked the Council for considering the application. He stated they wanted to introduce new product mix at this point. Mayor Lockhart asked how large a home would be on those lots. Mr. Chen stated the typical lot size would be in the range of 8,000 sq. ft. with a 3,000 sq. ft. home. Cm. Oravetz asked Mr. Chen if the developer was considering putting a convenience store in the development. Mr. Chen stated that at this time, they were not, but could look at different options. The Council and Staff discussed the feasibility of having a convenience store in that area. Would there be enough traffic and patronage to make a convenience store successful. There were residents that did not want commercial in their neighborhoods. If the Council was interested, then now was the time to have Staff look into the possibility of retail as part of the development. The Council agreed the small parcel in the development should be left commercial. Richard Guarienti, Parks and Community Services Commissioner and Dublin resident, stated he had previously commented on a walkable community and maybe the City could save a portion of the commercial designation for a store within walking distance of those homes. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 354 DRAFT City Manager Ambrose clarified that the action before the Council tonight to initiate and then approve a General Plan was totally within the discretion of the City Council. They did not have to authorize General Plan amendments. It provided the Council with an opportunity to discuss with the developer items they would like to see as a result of the change and those could be memorialized in the Development Agreement and that General Plan Amendment in the future, if the Council should act on it, would be contingent on the Developer signing the Development Agreement. That opportunity did not happen often, but it was an opportunity when somebody requested the Council change the General Plan and Staff wanted to bring it to the Council's attention. Mayor Lockhart stated it was a good opportunity. City Manager Ambrose clarified that the Council would just be authorizing the study, not actually approving the General Plan amendment. On motion ofVm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 154 - 07 APPROVING THE REQUEST TO INITIATE A GENERAL PLAN AMENDMENT STUDY . City of Dublin and the Tri- Vallev Housine: Opportunity Center Master Ae:reement for Services 8:42 p.m. 8.2 (600-30) Housing Specialist John Lucero presented the Staff Report and advised that the City Council would consider approving a resolution adopting the Tri-Valley Housing Opportunity Center Master Agreement for Services. The Council commented that it made sense to help Below Market Rate (BMR) homeowners with financial education. It was also a good idea to have the linking center DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 355 DRAFT so BMR homeowners could sell their BMR homes. It was a good idea that had not been addressed by the Council. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 155 - 07 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE TRI-V ALLEY HOUSING OPPORTUNITY CENTER . Imae:es of America - Dublin 8:52 p.m. 8.3 (910-60) Heritage Center Director Elizabeth Isles presented the Staff Report and advised that the City Council would receive a report on a new photographic history book on Dublin that was produced by Arcadia Publishing. The book included over 200 vintage images with captions which highlighted the earliest families that created a community that had thrived for more than 150 years. The Council commented positively on the book and the fact that it incorporated Dublin history up to 1982. The City Council received the report and thanked Ms. Isles. . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 356 DRAFT Report on Code Enforcement Survey 8:55 p.m. 8.4 (440-40) Building Official Gregory Shreeve presented the Staff Report and advised that the City Council would review results of a code enforcement survey that was conducted to determine the level of building activity performed without appropriate permits and provide direction to Staff on enhancing current code enforcement activities. Vm. Hildenbrand asked if the City kept a list of licensed contractors that did not get permits and in turn could provide that list to citizens. Building Official Shreeve stated that when the City finds Contractors with multiple violations, the City sends those cases to the State License Board. Vm. Hildenbrand asked if the City could provide a list to citizens of those Contractors that are repeat offenders. City Attorney Elizabeth Silver stated that if the Council wanted her to look at that issue, she could do further investigation as to whether the City could do provide citizens a list. Gregory Shreeve stated that when citizens asked the City for Contractors, they directed them to the appropriate State Board so the citizens could do their own research. City Manager Ambrose stated the City did not make contractor referrals due to liability Issues. Cm. Oravetz asked if a citizen needed a permit to replace a residential water heater, even In an emergency. Senior Building Official Shreeve stated yes. It was the contractor's responsibility to get the permit, but the homeowners' responsibility to make sure the contractor did get the permit. It would be an emergency permit. The citizen then had 24 business hours to get a regular permit. Cm. Oravetz asked if someone could get a permit a few years after the fact. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 357 DRAFT Senior Building Official Shreeve stated yes, you could get a permit after the fact, but the citizen ran a risk of not meeting the building code in effect at the time of issuance of the permit. If you got a late permit, you would have to pay fines except if the applicant had bought a house, and the work was completed by the previous landowner within the last two years. The City Council discussed the fact that contractors should know or find. out what permits were needed for particular projects. Cm. Sbranti asked if there were scenarios where the Building Dept. required a project be deconstructed. Senior Building Official Shreeve stated that in is his 11 years with the City, he had not known a case that required such measures. The City Council and Staff discussed the alternatives presented and how they related to discouraging contractors from repeated violations. A combination of multi-tiered penalty program and education was a possibility. Many citizens did not realize they needed permits for home projects. Clarification was made that three violations, in regard to a multi-tiered penalty program, meant violations on three separate projects, not three violations on one project. Staff was available to assist citizens with any questions they had. It was more likely to be contractors that were the repeat offenders. Amy Last, Dublin resident, stated she had a difficult. time getting through the permit process. Her contractor stated the permit process was different in Dublin. She asked did the permit process match the other cities in the area. Senior Building Official Shreeve stated that the permit process was based on laws. He met with the Building Officials of Pleasanton and Livermore and those two Cities did have more Code Enforcement officers than Dublin. The inspection process of the three Cities was pretty much the same. Vm. Hildenbrand asked if some permits that were reviewed were sent out of the City for review. Could that cause a longer wait period for return of permits. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 358 DRAFT Senior Building Official Shreeve stated that some of the plans were sent out to Hayward or Pleasanton and it might cause a longer wait than other cities. Mayor Lockhart asked if the interpretation could be different and therefore more subjective than objective. Senior Building Official Shreeve stated that most of it was objective because it is black and white. The City's inspectors were very good at their jobs and they knew the codes and enforced the codes to at least the minimum standards. Mr. Kevin Hart, Dublin resident, commented that he found the City's Building and Planning Dept nothing but excellent. Cm. Sbranti asked Staff if Alternative #2, increasing the level of contract code enforcement, would lessen the time someone could get a permit, or would it be strictly related to code enforcement. Senior Building Official Shreeve stated that it would be strictly related to code enforcement. It used to be 15 days to receive a permit no matter what the project. That had now changed. The average wait was now 2 business days on the structural side. Some permits could now be done over the counter. On motion of Mayor Lockhart, seconded by Cm. Scholz and by unanimous vote, the City Council directed Staff to 1) Increase the level of contract code enforcement activity; 2) Introduce a multi-tiered penalty program; and 3) Introduce a public education program for building permit requirements and benefits. . Annual Tree Lie:htine: Ceremony 9:34 p.m. 8.5 (910-60) Recreation Coordinator Lorri Polon presented the Staff Report and advised that the City Council would consider possible location options for the 2007 Holiday Tree lighting Ceremony. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 359 DRAFT Mayor Lockhart asked if the Council selected Option # 1, and decorated the redwood tree at the Civic Center, facing Dublin Boulevard, would there still be a lobby tree. Recreation Coordinator Polon commented that yes, there would still be a lobby tree, but it would not be the one the City would be lighting the day of the ceremony. They would be lighting the redwood tree outside. Vm. Hildenbrand preferred Option #1 for this year, and moving the ceremony to the Shannon Center once it was completed. City Manager Ambrose asked if the Council wanted at tree at the new Shannon Center, outside, where would they want it located for best viewing. Or would they want a cut decorated tre~ inside the Center. The Council discussed moving the tree ceremony to Shannon Center next year. Vm. Hildenbrand stated she liked the ceremony at the Civic Center but the City had outgrown the Civic Center. On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the City Council directed Staff to proceed with Option 1: The redwood tree fronting Dublin Boulevard would be lit as the official holiday tree and a stage and tent would be set up in front of the fountain for the City's Tree Lighting Ceremony. ... RECESS 9:46 p.m. Mayor Lockhart called for a brief recess. Councilmembers present at 9:50 p.m. The meeting reconvened with all . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 360 DRAFT Consideration of Superstore Ordinance 9:50 p.m. 8.6 (420-20) Economic Development Director Chris Foss presented the Staff Report and advised that at the May 1, 2007 City Council meeting, Councilmember Sbranti requested the City Council consider a ban on superstores similar to the recently adopted prohibition in the City of Livermore. Cm. Oravetz asked if the City had been approached by any superstores with the possibility of coming to the City. What would 25 hours of City Attorney time cost and how much would 80 hours of Staff time cost? Economic Development Director Foss replied that no superstore representatives had approached the City. Twenty-five 25 hours of City Attorney time would cost $5,000 and 80 hours of Staff time would cost between $5,000-$6,000. Cm. Scholz asked how large the IKEA store would have been if it had gone through. Could this issue be decided on a case-by-case basis if it should arise and was there an advantage to do it that way. Economic Development Director Foss replied that IKEA would have been 265,000 sq.ft. City Attorney Elizabeth Silver stated that it was not an issue that could be decided on a case-by case basis. Vm. Hildenbrand asked ifIKEA would have fallen into this ordinance. Economic Development Director Foss replied that since there was not a definition of a superstore set by the City, one could not say if it would have. City Manager Ambrose stated he did not recall the square footage of IKEA. If it were a grocery or food items that were not taxable, then it would have qualified. That was the key in the Livermore ordinance, it was based on non-taxable items. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 361 DRAFT The Council and Staff discussed that with the Livermore ordinance, it was 50/0 of any store 90,000 sq. ft. or larger, but it could be any size and any percentage set by the Council. For example, the Dublin Target was about 115,000 sq. ft. and had approximately 7,000 to 7,500 sq. ft of non-taxable food. Jami Moore, Dublin resident, stated she supported the restrictions on the superstores. Dublin City officials were finally acknowledging that the City was reaching the saturation point of discount retail stores and the traffic they generated. Mark Wolfe, California Healthy Communities Network, stated he had worked very closely with sponsors of several ordinances similar the Livermore ordinance. He made himself available to answer questions since he was a familiar with the text of the ordinances and how they operated, and their legality. The intent of these ordinances that had already been passed was to prohibit superstores. There were three retailers in California that had these types of stores. These were uses that were different from the traditional Target store that was in Dublin. These stores were usually between 120,000 - 170,000 sq. ft. and devoted a certain portion of their floor space to the sale of food items that were not taxed. That was not what a supercenter was. A supercenter was a big box retail store that was combined with a full sized, full-service supermarket. Studies had shown the negative impact that this particular use had on communities. Primarily thwarting, impeding or pre- empting investment in downtowns and in livable/walkable communities and investments, and creating communities of distinction based on discreet neighborhood serving commercial centers as opposed to very large region service commercial areas. The ordinance that was passed in Livermore, which mayor not be the version that ends up coming forward in Dublin, would not cover a traditional Target or Wal-Mart or traditional IKEA. He supported the decision to go forward or at least explore the option of bringing one or more versions of the ordinance back for more detailed discussion or review. Cm. Oravetz asked Mr. Wolfe with IKEA being the biggest furniture store in the world, why would you want an IKEA but not want a super Wal-Mart or Target. Would you not say.you would not want either if you were trying to ban huge stores. Mr. Wolfe stated there were different rationales for prohibiting or restricting different land uses and if you did not want the large amount of traffic or the environmental impacts associated having any large store, regardless of what it sold, then you could do what a city in Sonoma County did, they said no stores over 45,000 in their City, period The reason DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 362 DRAFT they had attended the meeting was this particular land use had been the subject of so much controversy. Cm. Sbranti asked Mr. Wolfe what acreage was seen associated with a supercenter. Was there an average in looking at acreage. Mr. Wolfe stated that the ones that had come forward in California were anywhere from 12 and 20 acres. Cm. Sbranti explained why he brought the item forward for discussion. Looking at the City's Goals and Objectives, the superstores were the exact opposite of pedestrian- friendly development. What were some of the alternate uses for that amount of acreage. There were discount stores already in downtown. The loss of revenue between a superstore and IKEA would be significant. There was also the impact on small business. He suggested the Livermore ordinance as a model, not that the City would adopt that exact text. He would like to be proactive in case a proposal for such a store did come forward, there would already be an ordinance in place. Mayor Lockhart asked if someone brought a superstore type of plan forward could the City then take a look at it and decide. Or if someone had enough acreage and the City allowed retail, would that project automatically move forward. City Attorney Silver stated yes, if the property was zoned appropriately and there were no restrictions on the size of buildings or developments then it was a type of project that the City had discretion with respect to site development review issues, but not over the size of the development. The time to determine what type of usage you wanted in your community. was at the Land Use level and the Zoning level. Cm. Sbranti's proposal would be to amend the Zoning Ordinance to specify that buildings over X sq. ft. were not permitted and that was perfectly permitted for the City to do. The City could designate the size of buildings and that was done in a traditional Zoning Ordinance. Mayor Lockhart asked if there was presently acreage in the City that would qualify for this supercenter site size. Economic Development Director Foss stated yes there were. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 363 DRAFT City Manager Ambrose clarified if the Mayor's earlier question was at the time that an applicant came in to get their equivalent of a Stage 2 Zoning, did the City have an opportunity to change the Zoning. City Attorney Silver stated that to the extent that there were properties that had Stage 1 Zoning, whether or not the Council could place a limitation on the size of the building would depend on the Stage 1 Zoning. However, if there were no vested rights attached to the Stage 1 Zoning, the Council could always amend the Stage 1 Zoning The Council could always change the zoning absent vested rights, which were for a period of time. In terms of dealing with the issue when someone came in, the Council's hands were tied more then because you had the existing zoning. Vm. Hildenbrand stated she supported Cm. Sbranti's request to go forward and to look at this issue in further detail. It was better to take a proactive approach. Her biggest concern was the City's small businesses and the impacts a supercenter would have on them. The City always supported the small businesses. Mayor Lockhart stated she would not like to take Staff time away to study something that might not happen. If the Council, by consensus felt this was not good for the community then, why not wait until someone brought forward such plans. Cm. Sbranti stated that if the Council was saying that the City was not interested in the superstore type business, then why not move forward now. Mayor Lockhart stated this was not a . logical progression. We had created a City of villages and pedestrian walkable areas. Developers would know where the City stood on these types of issues. Cm. Oravetz stated he agreed with Mayor Lockhart. This was a solution without a problem. If a business were to knock on our door, then there was a process they would go through that was called the Planning Commission. He was not willing to spend $10,000- $15,000 on a problem that the City did not have. Cm. Scholz asked City Attorney Silver for clarification. If the Council made a decision now, could they change their minds later. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 364 DRAFT City Attorney Silver stated that there was zoning on the books, and the Zoning Ordinance could be changed. This was a discussion about looking at changing the zoning for commercial uses to put a limitation of prohibition on the size of certain types of uses. That was within the Council's prerogative. It could be reversed later. However, there were certain projects that had obtained vested rights to develop and the vested rights were always for a period of time. During that time period, if the Council approved a commercial project, the developer received the vested right to build that project for that specified time. If during that specified time, the Council decided they did not want commercial development on that property, the Council could change that zoning and zone it residential, but for that particular period of time previously determined, the developer has the vested right to still build commercial. If there was not a vested right for that project, and the Council later changed the zoning for that property, then the developer did not have the right to build that project. City Manager Ambrose stated there were only three 20 acre sites in the City that were still vacant that might accommodate a supercenter. The City might have to look at this on a parcel-by-parcel basis to see what the applicability of this would be. Community Development Direction Jeri Ram stated that there might be change over in 10 or 15 years in central Dublin with some of the larger retail sites. If someone were to come into the City with a project and asked if it was consistent with the current planned development, she would have to say yes if it was zoned commercial. If they wanted to do something to the exterior, then they would have to go to the Planning Commission. But if they were just going to move in and do interior modification they might be able to do that. Cm. Oravetz reiterated there was no one knocking on the City's door. There was not problem now. Why spend taxpayers' money now. Cm. Sbranti stated it would be a bigger expense the minute someone brought something in. The hours would be much greater. Cm. Oravetz stated there was a difference of opinion. There was a process right now that could stop this. If they were knocking on the City's door, they could adopt an emergency ordinance. He did not see spending the taxpayers' dollars to do this now. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 365 DRAFT Cm. Sbranti asked for clarification on if someone could ever move forward and say here is my commercial project, and without having an ordinance like this that, the City not have a say in it. City Attorney Silver stated this was complicated because there were sites where such a use could be allowed and there were potentially different existing land use approvals. If you had a Stage 1 or 2 PD already approved, the City would have to see what uses were permitted and were there any restrictions on the size of the building. If there were not, the City's discretion was limited to the design, circulation, etc. Community Development Director Ram stated that if something new came in, you would have the discretion through the zoning process to deal with it through the PD. It was when you came to the reuse of existing buildings. F or example, if you had a home improvement store where the zoning was rather broad and a reuse came in and you were looking at interior improvements and maybe a change in the sign, then the City would have a more difficult time in not granting approval. Mayor Lockhart asked the Council if it would be a compromise to have Planning Department Staff look at what opportunities might be available for a supercenter site. It was not that she wanted a supercenter in the City, she would not support it, but wanted to know where the real possibilities lied. Cm. Sbranti stated that was a compromise he could live with; it was a fair solution. City Manager Ambrose asked for clarification from Council if they wanted Staff to look at the parcels that had the potential for such a development. It would take time because PDs were custom. They would have to go into each individual document and review its zoning and if there was a development agreement, did it vested that zoning and look at what latitude the City had. It was a good first step to see what was the City's exposure. On motion of Mayor Lockhart, seconded by Cm. Sbranti and by unanimous vote, the City Council directed Staff to look at the City's exposure to the issue of a superstore and come back with a report so Council could then decide whether another step was needed. ...... DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR.MEETING August 21, 2007 PAGE 366 DRAFT Dav on the Glen Street Closures 10:45 p.m. 8.7 (650-50) Recreation Coordinator Lorri Pol on presented the Staff Report and advised that the City Council would receive a report outlining the details associated with the Day on the Glen Fireworks display and recommended street closures on Saturday, September 15,2007. Mayor Lockhart asked if there would be shuttles from the parking areas to the Park on Sunday. Recreation Coordinator Polon stated no, there would not be shuttles due to extra parking spaces available on Sunday. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti and by unanimous vote, the City Council adopted RESOLlITION NO. 156 - 07 AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 2007 DAY ON THE GLEN FESTIVAL .. Year End Report for the 2006-2007 Goals & Obiectives Proe:ram 10:51 p.m. 8.8 (100-80) City Manager Richard Ambrose presented the Staff Report and advised that the City Council would receive a Final Report on the completion of the Goals and Objectives for Fiscal Year 2006-2007, and a report on other accomplishments by the City's Operating Departments for Fiscal Year 2006-2007. The Council commented on the large number of goals and objectives being worked on by City Staff and the ability to show what the Council and Staff had completed. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 367 DRAFT On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City COl,J.ncil received the report and approved carrying over those objectives identified in the Staff Report, which were identified as not completed by June 30, 2007. . OTHER BUSINESS Brief INFORMATION ONLYreports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 10:55 p.m. City Manager Ambrose announced the Dublin Leadership Academy, now called "Dublin 101" and invited citizens to participate. The deadline for signing up was August 31. Cm. Scholz stated she would be attending the California League of Cities Annual Conference the first week of September in Sacramento. Cm. Oravetz stated he attended the LA VT A budget meeting and the discussion included the Bus Rapid Transit. He asked Community Development Director Lowart if the City could trim back vegetation by the sidewalk at the Dougherty Hills Dog Park since someone had tripped recently. Community Development Director Lowart stated City Staff would take a look at the grass and trim as needed. Cm. Sbranti stated he had attended the Tri- Valley Business Council's Summit, and the 25th Annual Chamber of Commerce Bar-b-que. Vm. Hildenbrand stated she also attended the bar-b-que with Cm. Sbranti and Mayor Lockhart. Mayor Lockhart stated she had attended the Chamber bar-b-que. She had also spoken at the Las Positas Convocation at Chabot College where their staffs came together before the school year. She met with John Chen, CEO ofSybase. Mr. Chen spoke highly of Dublin. Work was being finalized to establish the Sybase Foundation and they were interested in supporting children and families. She wanted to say congratulations to Sybase and Mr. Chen. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 368 DRAFT . ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 11 :00 p.m. in memory of our fallen troops. Minutes prepared by Caroline P. Soto, Deputy City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING August 21, 2007 PAGE 369