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HomeMy WebLinkAbout09-04-2007 Adopted CC Min MINUTES OF THE Crn' COUNCIL OF THE Crn' OF DUBLIN REGULAR MEETING - September 4~ 2007 A regular meeting of the Dublin City Council was held on Tuesday, September 4, 2007, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 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 Promotional Emplovee 7:02 p.m. 3.1 (700-10) Promotional employee, Robert Beasley, Recreation Coordinator (Sports) was introduced . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 370 ~ Of m'~ J/~~~~~~\~ 19~~m ,~, 9u/rov"~~ Parks & Community Services-Summer Pro2ram for Youth 7:05 p.m. 3.2 (950-30) Parks & Community Services Staff, Paul McCreary and John Hartnett, presented a slide presentation, "My Best Summer Ever", highlighting program activities and special events for youth over this past summer. The presentation included popular youth programs and results of survey by camp participants. Cm. Sbranti commented on the increased participation and Vm. Hildenbrand asked if the new "Welcome to Dublin" brochures helped. Staff responded that more programs were offered and advertised aggressively. Council consensus was to receive the presentation. Proclamation of National Preparedness Month 7:11 p.m. 3.3 (610-50) Mayor Lockhart read the National Preparedness Month Proclamation and advised the goal is to increase public awareness about the importance of preparing for emergencies and to encourage individuals to take action. She presented the proclamation to Fire Chief Gilbert and Chief Rocha. Chief Gilbert responded and spoke on efforts to help the community to be disaster resistant and the importance of safety. He also commented on the distribution of emergency preparedness information at Back to School Nights and the initiation of an emergency preparedness training program and a personal preparedness class to be held in the Council Chambers on September 25th. . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 371 Public Comments 7:15 p.m. 3.4 Garth Jaehnig, a recent resident, spoke in opposition to police harassment of his son by Dublin Police Department Officers. He stated the three officers involved were offensive and belligerent and that they accused his son (and friend) of things they did not do and called them a liar when they responded to questions. Mr. Jaehnig requested an apology and the follow-up action taken against the police officers involved. Mayor Lockhart stated it is very important to get as many details as possible and asked if he had filed a report. Mr. Jaehnig indicated he is going to file a report but had not yet done so. . CONSENT CALENDAR 7 :20 p.m. Items 4.1 through 4.11 On motion of Cm. Sbranti, seconded by Cm. Oravetz, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of City Council Regular Meeting of August 7, 2007; Joint City Council/Planning Commission Special Meeting of August 7, 2007; Joint City Council/Planning Commission Special Meeting of August 14,2007. Approved (4.2 600-30) Solicitation of bids for Contract No. 07-11, Civic Center Roof Maintenance Approved (4.3 900-50) Accepted "Animal Series" Art in the Parks Approved (4.4 600-35) Improvements under Contract No. 07-06,2006-2007 Annual Street Overlay Program. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 372 Adopted (4.5 600-60) RESOLUTION NO. 157 - 07 ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 8524, DUBLIN GATEWAY MEDICAL CENTER, PHASE 1 (TRIAD DUBLIN GATEWAY, L.P.) Adopted (4.6 600-60) RESOLUTION NO. 158 - 07 ACCEPTANCE OF IMPROVEMENTS FOR THE DUBLIN BOULEVARD SOUTHERN FRONTAGE FROM BRANNIGAN STREET TO LOCKHART STREET Adopted (4.7600-60) RESOLUTION NO. 159 - 07 ACCEPTANCE OF IMPROVEMENTS FOR DUBLIN BOULEVARD FROM LOCKHART STREET TO FALLON ROAD AND FALLON ROAD FROM DUBLIN BOULEVARD TO 1-580 RESOLUTION NO. 160 - 07 APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR TRAFFIC SIGNALS AT DUBLIN BOULEVARD & FALLON ROAD AND DUBLIN BOULEVARD & LOCKHART STREET Adopted (4.8600-30) RESOLUTION NO. 161- 07 APPROVING CONSULTING SERVICES AGREEMENT WITH MARK RESOLVE, INC., FOR SCHEDULE ANALYSIS AND CONSTRUCTION CONFLICT RESOLUTION SERVICES DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 373 Adopted (4.9600-60) RESOLUTION NO. 162 - 07 ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS Adopted (4.10380-20) RESOLUTION NO. 163 - 07 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE CODE ENFORCEMENT PERSONNEL VEHICLE DIRECTLY FROM STATE AUTHORIZED DEALER Adopted (4.11 600-35) RESOLUTION NO. 164 - 07 AWARDING BID FOR CONTRACT NO. 07-08A, SAN RAMON ROAD CONCRETE SOUNDW ALL SEALING Approved (4.12300-40) Warrant Register in the amount of$I,352,954.87. . WRITTEN COMMUNICATIONS - None . PUBLIC HEARINGS Public Hearing P A 07-001 Custom Fireplace, Patio & BBQ Downtown Core Specific Plan Amendment, Zoning Map Amendment and Planned Development Rezone with Stage 1 and 2 Development Plan 7:20 p.m. 6.1 (450-20/410/55) Mayor Lockhart opened the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 374 Senior Planner Mamie Nuccio presented the Staff Report and advised that the proposed Resolution would amend the Downtown Core Specific Plan to change the Retail/Auto land use designation to Retail/Office for 1.94 acres of land located at 7099 Amador Plaza Road and the proposed Ordinance would amend the Zoning Map and adopt a Planned Development Rezone amending the Stage 1 Development Plan and adopting a Stage 2 Development Plan to establish development standards for the expansion and remodeling of an existing building. She included the Planning Commission recommendations and the proposed location of loading dock and outside storage and display area. Cm. Sbranti requested set-back information and asked if the addition will bring it closer to the street and if the parking will be on the side or front. Staff responded the addition will bring it closer to the street and there is some parking in the front, but the bulk of parking will be in the rear of the building. Cm. Oravetz asked the possibility of Safeway sharing the parking. Staff responded the site could accommodate shared parking if an agreement is reached in the future but there is not an agreement as of this date. Vm. Hildenbrand asked if talks with Safeway to share parking are on-gomg. Staff referred the question to the applicant. Walt Ligon, 101 Palmer Street San Ramon CA, applicant, spoke on the possibility of Safeway sharing parking for employees but not sure of their intent or interest at this time. He expressed his concern if Council approved the project contingent upon shared parking with Safeway. Mayor Lockhart said the shared parking is not a "deal breaker" but expressed an interest in the City's Economic Development Director facilitating discussions for shared parking with Safeway. City Manager Rich Ambrose advised Council they could make shared parking with Safeway a condition of approval. Staff stated that the site could easily be redesigned to allow, as a permitted use, employee parking for the adjacent Safeway grocery store if an agreement between Safeway and the property owner can be reached in the future. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 375 City Attorney Elizabeth Silver recommended that if Council approves the project with a modification to allow Safeway to share parking if an agreement is reached in the future, that the language be included in the Ordinance when presented for second reading. Mayor Lockhart closed the public hearing. On motion of Vm. Hildenbrand, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 165 - 07 AMENDING THE DOWNTOWN CORE SPECIFIC PLAN TO CHANGE THE RETAIL/AUTO LAND USE DESIGNATION TO RETAIL/OFFICE FOR 1.94 ACRES OF LAND LOCATED AT 7099 AMADOR PLAZA ROAD (CUSTOM FIREPLACE, PATIO & BBQ) (APN 941-0305-026) PA 07-001 and waived the first reading and introduced the Ordinance~ with a modification to allow. as a permitted use on the Protect site. employee parking for the adtacent Safeway grocery store if an agreement between Safeway and the property owner can be reached in the future. amending the Zoning Map and adopting a Planned Development Rezone amending the Stage 1 Development Plan and adopting a Stage 2 Development Plan for Custom Fireplace, Patio and BBQ located at 7099 Amador Plaza Road. UNFINISHED BUSINESS Park Names 7:35 p.m. 7.1 (920-60) Parks & Community Services Director Diane Lowart presented the Staff Report and requested the Council select names for Area G and Area F Parks. She indicated the Parks and Community Services Commission recommended keeping with the Italianate theme and proposed "Piazza Sorrento (public square)" for the Area F Neighborhood Square Park and "Bello Campo (beautiful field)" Q! "Passatempo (pastime)" for the Area F DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING Septem ber 4, 2007 PAGE 376 Neighborhood Park. The Commission recommended either a name with an Irish theme (Clover Park or Clover Square) or a name of an historical figure (Devany Park or Devany Square) for the Area G Neighborhood Square. The presentation included the location and size of parks and the naming process. Cm. Sbranti indicated he would declare a conflict of interest, due to the location of his residence, and abstain from participating in the naming of the Area G Neighborhood Square Park. Vm. Hildenbrand commented in support of the number of responses and names suggested by the public. Staff responded this is the first time the web site has been used, which increased the response. Council discussion of park names for Area F included. but was not limited to: . Support of keeping with the Italianate theme for one of the parks but interest in naming the other park a name of an historical figure. . Support of Piazza Sorrento (public square) for Neighborhood Square Park . Clarification of the meaning of the names . Council history of naming parks after a member of the community or founding member of the City of Dublin . Suggestion of Davany Park for Area F Neighborhood Square Square Park, citing great grandson, Mike Lynch, wrote historical book on Dublin and the name might bring history into newer part of town . Support for Passatempo (pastime) name for Area F Neighborhood Park . Walkway that connects the park and school in Area F On motion of Cm. Sbranti, seconded by Cm. Scholz, and by unanimous vote, the City Council selected Piazza Sorrento (public square) for the Area F Neighborhood Square Park. On motion of Cm. Sbranti, seconded by Vm. Hildenbrand, and by unanimous vote, the City Council selected Passatempo (pastime) for the Area F Neighborhood Park. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING Septem ber 4, 2007 PAGE 377 ~ Of DU~ J/~~~~~~\~ 19~~m ,~, fJillrov"~ Area G Neighborhood Square Park Cm. Sbranti declared a conflict of interest and left the dais. Council discussion included support for Davany Square for the Area G Park, citing historical background of Michael Davany, according to the book, "Images of America- Dublin". Dave Chadbourne, Developer, suggested a name for the Area G Neighborhood Square Park with a historical connection, place, or feature in Dublin to connect a future commercial shopping area called The Promenade to the park name. On motion of Vm. Hildenbrand, seconded by Cm. Scholz, and by a 4-1 vote, with Cm. Sbranti abstaining, the City Council selected Davany Square for the Area G Neighborhood Square Park. Mayor Lockhart thanked the Parks and Community Services Commission and residents. . Follow-up on the National Lea2ue of Cities Or2anization 7:59 p.m. 7.2 (140-30) Assistant City Manager Joni Pattillo presented the Staff Report on information about the National League of Cities and the cost associated with annual membership, including networking, information sharing, leadership development, federal advocacy and recognition. Vm. Hildenbrand spoke in support and recommended moving forward to join the National League of Cities. Mayor Lockhart clarified the reason the City has not joined previously was the timing of the conferences. She stated she is not in opposition if Councilmembers are willing to attend conferences in the months of November and March of each year. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 378 Cm. Oravetz cited positive networking and other advantages are already available through the League of California Cities. Cm. Sbranti stated the League of California Cities is encouraging National League of Cities membership and that federal legislation updates would be a plus and spoke in support of membership for at least a year or two. Mayor Lockhart spoke on commitment if the City becomes a member. Cm. Scholz spoke in support, citing value of membership and suggested one Councilmember commit to attend at Thanksgiving and another Councilmember commit to attend in March. She asked if the City commits to membership, do we have to send a representative to the conferences. V m. Hildenbrand and Cm. Oravetz responded that the City is usually represented, but not always, citing attendance at the League of California Cities conferences. Assistant City Manager Joni Pattillo stated that if the Councilmembers support membership in the National League of Cities, Staff could report back with a budget adjustment. City Manager Richard Ambrose suggested additional information on voting delegates could also be brought back. On motion of Cm. Scholz, seconded by Cm. Sbranti, and by a 4-1 vote, with Cm. Oravetz voting no, the Council directed staff to report back with a budget adjustment and additional information on voting delegates. . DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 379 NEW BUSINESS Feasibility Study on Full Service Hotel 8:10 p.m. 8.1 (470-80) Economic Development Director Chris Foss presented the Staff Report on the feasibility of a full-service hotel in the Dublin trade area, and recommended Council provide Staff with appropriate direction. His presentation included the components of a full-service hotel and the two scenarios developed by the Consultant, and concluded with the Consultants opinion that there was not enough hotel room demand or high enough hotel rates to justify the development of a new full-service hotel in the area, without a large public subsidy. Mayor Lockhart requested information on the process the Consultants used to reach their opinion and what would the City's position be if someone proposed building a full-service hotel. Staff responded that the Consultant's opinion was reached based on analysis of the economic feasibility of a proposed full-service hotel, including a market analysis, and that if someone came forward to build a full-service hotel a developer might be able to subsidize it. Cm. Sbranti questioned the feasibility of a smaller hotel with a conference center and requested additional information on subsidies, citing gift of public funds. City Attorney Elizabeth Silver responded that generally, many cities have a Redevelopment Agency that can subsidize projects in a redevelopment area and that it is more difficult to provide a subsidy without a Redevelopment Agency. She offered to provide an analysis if Council is interested in the City providing a subsidy. City Manager Richard Ambrose clarified that Transportation Funds are designated to a public project. Cm. Sbranti and Cm. Oravetz spoke in opposition. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 380 Council consensus was to accept the report . Opposition of Senate Bill 375 (Steinber2)~ Preferred Growth Scenarios for Cities 8:20 p.m. 8.2 (660-40) Senior Planner Erica Fraser presented the Staff Report and advised that the intent of State of California Senate Bill (SB) 375 is to align transportation funds with regional strategies designed to reduce our reliance on automobiles and vehicle miles traveled in order to meet the greenhouse gas reduction goals established by State of California Assembly Bill 32 (The Global Warming Solutions Act). Ms. Fraser stated that even though the bill is now on hold, it is recommended Council adopt the Resolution and sign the letter in opposition. Cm. Oravetz asked if the bill has a chance of passing, as drafted. Mayor Lockhart responded there is a lot of opposition to it, that no standards have been developed yet and that after visiting with League of California representatives she has concluded that it is presently a "cart before the horse" situation; and, is in opposition to commitment to a standard before it is developed. Cm. Sbranti stated he is glad it is now a two year bill, that he recognizes the concerns but supports the League of California Cities to continue conversations to revise the bill. He does not want to close the dialogue. Mayor Lockhart clarified that Steinberg has indicated he will narrow the focus of the bill and indicated the League of California Cities is trying to get all cities to adopt policies in opposition to the bill as it is currently drafted. Cm. Sbranti asked if the City takes action in opposition, and the bill is revised, can alternative action be taken? DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING Septem ber 4, 2007 PAGE 381 Mayor Lockhart responded that action in opposition would be to the bill as currently drafted. She advised that the League of California Cities will update the cities when the bill is revised and it will come back to Council for consideration City Manager Richard Ambrose advised that staff will monitor and report back on any bills that Councilmembers identify. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by a 4-1 vote, with Cm. Sbranti voting no, the City Council adopted a Resolution opposing Senate Bill 375 and authorized the Mayor to sign a letter opposing Senate Bill 375. RESOLUTION NO. 166 - 07 OPPOSING CALIFORNIA SENATE BILL 375 (STEINBERG) - PREFERRED GROWTH SCENARIOS AND AUTHORIZING THE MAYOR TO SIGN A LETTER OPPOSING SENATE BILL 375 . Award of Bid Contract 07-08~ Area G Nei2hborhood Square 8:35 p.m. 8.3 (660-30) Cm. Sbranti declared a conflict of interest due to the location of his residence and left the dais. Parks and Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that the bids for the neighborhood Square in Area G have been received with the City receiving a low bid from Valley Crest Landscape Development. On motion of Vm. Hildenbrand, seconded by Cm. Scholz, and by a 4-1 vote, with Cm. Sbranti abstaining, the City Council adopted a Resolution awarding the contract to Valley Crest, Inc. and approved the Budget Change. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 382 RESOLUTION NO. 167 - 07 AWARDING CONTRACT NO. 07-08 AREA G - NEIGHBORHOOD SQUARE TO VALLEY CREST LANDSCAPE DEVELOPMENT . 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) 8:35 p.m. (9.1) City Manager Richard Ambrose announced the Leadership Academy this Saturday, September 8th, and reminded everyone of the Day on the Glen, Saturday, September 15th, followed by fireworks. Cm. Scholz spoke on attending the art display in Civic Center and on attending the League of California Cities conference in Sacramento. Cm. Oravetz requested the number of Section 8 housing vouchers issued in the City of Dublin. City Manager Richard Ambrose stated Staff will report back with the information. Assistant City Manager Joni Pattillo clarified the use of Section 8 housing vouchers, stating the City of Dublin does not have designated Section 8 housing, that vouchers are issued to individuals and it is up to them to negotiate with landlords to see if they will be accepted or not. Vm. Hildenbrand clarified the City of Dublin is not building Section 8 housing. Mayor Lockhart clarified that rent is based on income at the Arroyo Vista Apartments and current residents are being given the opportunity to apply for Section 8 housing vouchers. Cm. Sbranti clarified that he abstained from Item 7.1 (Area G Park only) and Item 8.3 due to the location of his residence. He also announced his attendance at an Eagle Scout Ceremony for Marshall Angel. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING September 4, 2007 PAGE 383 Vm. Hildenbrand announced attending the Taylor Family fundraiser, Friday Night Movie in the Park and the up-coming Day on the Glen with an evening concert and fireworks. Mayor Lockhart announced attending the Eagle Scout Ceremony and good discussion at a four-county regional issue meeting on public transportation. She also announced the new book, Images pf America - Dublin, by Mike Lynch, has been sent to Alameda County elected representatives. . ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 8:50 p.m. in memory of our fallen troops. Minutes prepared by Carolyn Parkinson, Interim City Clerk. ATTEST: C(JA-o { Iv Deputy City Clerk ;~ DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING Septem ber 4, 2007 PAGE 384