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HomeMy WebLinkAbout10-16-2007 Adopted CC Min Mm~~oFTHEcITYcouNca OF THE cITY OF DUBLIN REGULAR MEETING - OCTOBER 16, 2007 CLOSED SESSION Silent Roll Call: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz, and Mayor Lockhart present. A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code section 54956.8 Property: APN 941-1560-007-01 City Negotiator: City Manager Richard Ambrose; Economic Development Director Chris Foss Negotiating parties: Advanced Computer Technologies, Inc~, dba All Video Repair (William Barnett or Tricia Leckler); Finishmaster, Inc. (Tom Eastland or Greg Calhoun); Ultimate Home Solutions (Andrew Hunter or Joe Bolin); Consignment & More (Simin or Hermin Lalefar); Chef's Touch Catering (Stephen Orgain); U.S. Bank (Julie Schmidt) Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code section 54956.9, subdivision c (5 potential cases) 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code section 54956.9, subdivision a City of Dublin v. Ralph Gil, et aI, Alameda Superior Court No. VG05241773 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9, subdivision c (one potential case) - Dropped from Agenda .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16, 2007 PAGE 423 A regular meeting of the Dublin City Council was held on Tuesday, October 16, 2007, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 :00 p.m., by Mayor Lockhart. H__ H _.. ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti, 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. ---..--. --- - .. REPORT ON CLOSED SESSION ACTION . Mayor Lockhart advised that there was no reportable action and that Closed Session Item #4 was not held. . ORAL COMMUNICATIONS Introduction of New Emplovee 7:08 p.m. 3.1 (700-10) New employee Anthony Romero, Code Enforcement Officer, was not present. Introduction will be relisted on the November 6th agenda. ~ ~---"~ DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 424 Acceptance of Gifts to City from Day on the Glen Festival and Family Movie Night Sponsors 7:08 p.m. 3.2 (900-50) The Mayor and City Councilmembers recognized the donors for their contributions and presented certificates for Day on the Glen Festival sponsorship, as follows: . Chuck Templeton Toll Bros. . Eteka Huxtable Pinn Bros. . Leliani Stone Palo Alto Medical Foundation . Kathy Leigh Comcast . Dr. Dante Gonzales Dante Gonzales Dental On motion ofVm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, the City Council formally accepted the gifts and contributions. ---- . Public Comments 8:10 p.m. 3.3 Lieutenant Colonel John Cushman provided an update on Camp Parks Events, including hosting guests from the Kingdom of Saudia Arbia for training; hosting 450 California National Guard Soldiers; hosting Veterans Appreciation Day on November 9th, to honor all military personnel that have served at Camp Parks; cub scouts tour and exercise with Alameda County in regards to emergency situations. Cm. Sbranti spoke in support of the November 9th Veterans Appreciation Day and encouraged aggressively advertising the event. Lieutenant Cushman responded that the Public Affairs Officer is working on advertisement, that flyers will be distributed and information will be made available on Camp Parks and the Association of U.S. Army web sites, adding that the event is free to veterans. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 425 Cm. Scholz thanked Lieutenant Cushman for the update. Vm. Hildenbrand stated she appreciated the update and the opportunity to know in advance of scheduled events. Lieutenant Cushman responded on the benefits of periodic updates and announced the December 14th Tree Lighting Ceremony at Camp Parks to encourage community involvement. Mayor Lockhart thanked Lieutenant Cushman for the update and stated the City will advise Camp Parks of the date, time and place of the City's Tree Lighting Ceremony. Kevin Hart, Dublin resident, commented on his prior assignment to Camp Parks, spoke in appreciation of the Dublin community and stated that today he filed a Form 501, Candidate Intention Statement, with the Interim City Clerk to run for City Council in the 2008 Election. .. -- CONSENT CALENDAR Mayor Lockhart referenced Item 4.2 and asked about the timetable to review and replace equipment to meet American Disability, Act (ADA) or Playground Safety regulations. Parks and Community Services Director Diane Lowart responded that the City uses a multi-tiered approach and that replacement is systematic. She stated that the City will only consider making major changes when either the laws change or the equipment wears out. 7:21 p.m. Items 4.1 through 4.7 On motion of Cm. Scholz, seconded by Cm. Sbranti, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 18,2007. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 426 Adopted (4.2 920-20) RESOLUTION NO. 186 - 07 APPROVING A PLAYGROUND SAFETY POLICY FOR THE CITY OF DUBLIN Adopte4 (4.3 720-40) RESOLUTION NO. 187 - 07 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT RESOLUTION NO. 188 - 07 FIXING THE EMPLOYER'S CONTRIBUTION VESTING REQUIREMENT FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT RESOLUTION NO. 189 - 07 AMENDING THE BENEFIT PLAN Adopted (4.4 600-30) RESOLUTION NO. 190 - 07 APPROVING AMENDMENT TO AGREEMENT WITH S&C ENGINEERS, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS PROJECT Received (4.5 330-50) Preliminary Financial Reports for the month of June 2007, which provides a summary of the 2006-2007 Fiscal Year. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 427 Approved (4.6 330-20) Final Budget Changes for Fiscal Year 2006-2007. Approved (4.7 300-40) the Warrant Register in the amount of$I,344,533.46. ~. ~ WRITTEN COMMUNICATIONS - None n.. PUBLIC HEARINGS - None ..~ .... ,. UNFINISHED BUSINESS Three-di2it Social Service Hotline (2-1-1) Fundin2 Request 7:25 p.m. 7.1 (585-40) Assistant City Manager Joni Pattillo presented the Staff Report and advised of a request from Eden Information and Referral (I&R) for the Council to release $10,000 in grant monies that were awarded in Fiscal Year 2006-2007 to support a 2-1 ~ 1 telephone service to provide citizens with access to social services in a similar manner to the 9-1-1 service for emergency services. She provided a summary of the 2-1-1 system and funding information, stating there will be future funding requests that will be considered as part of the City Council's Community Based Organization Grant Program. Assistant City Manager Pattillo recommended approval and concluded her presentation by advising that Barbara Bernstein, representing Eden I&R, was in the audience and available to answer questions. Vm. Hildenbrand spoke in support and on the importance of a user-friendly system. Barbara Bernstein responded that staff is available 24 hours a day and the only automated part of the system is for the caller to identify the preferred language. She stated that DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16, 2007 PAGE 428 A.T.T. did not switch over all of the Dublin service area and that some 2-1-1 calls have been going to a neighboring jurisdiction; however, it is in the process of being resolved. Mayor Lockhart spoke on the importance of the centralized referral system to provide social services information. On motion of Vm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, the Council approved carrying forward the funding of the 2-1-1 service hotline from Fiscal Year 2006-2007 to Fiscal Year 2007-2008 by adopting a budget change in the amount of $10,000. u"'. Approval of Resolution to Enter into a Standard Agreement with the State of California to Secure a Workforce Housing Reward Grant from the Department of Housin2 and Community Development 7:31 p.m. 7.2 (600-50) Housing Specialist John Lucero presented the Staff Report and advised that the City was awarded a Grant, in the amount of $73,187, from the State Department of Housing and Community Development to be used in the construction of a new Community Center at Shannon Park. He recommended the City Council adopt the Resolution authorizing the City Manager to execute the State of California Standard Agreement for use of the previously awarded Workforce Housing Reward Grant funds. Mayor Lockhart and Councilmembers spoke in support, citing the flexibility for use of the Grant funds. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 429 On motion of Cm. Sbranti, seconded by Vm. Hildenbrand, and by unanimous vote, the City Council adopted RESOLUTION NO. 191-07 AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT TO SECURE A WORKFORCE HOUSING REWARD GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO EXECUTE IN THE NAME OF THE CITY OF DUBLIN THE STANDARD AGREEMENT AND RELATED DOCUMENTS ,~ ~~ - Section 8 Vouchers Used in the City of Dublin 7:35 p.m. 7.3 (430-80) Assistant City Manager Joni Pattillo presented the Staff Report and advised of a previous request from the City Council to provide the number of Section 8 Vouchers that are currently being used in the City of Dublin. She stated Staff contacted the Executive Director of Alameda County Housing Authority and was supplied a matrix on the number of Section 8 Vouchers that are being used in the City of Dublin, as well as the other Alameda County Cities that are governed by the Alameda County Housing Authority, and reported the City of Dublin has 136 or 1.9% of the Section 8 Vouchers/Certificates out of 7,046 vouchers. Vm. Hildenbrand stated she appreciates the information and spoke on the misconception of Section 8 Voucher use, clarifying that the City is not providing Section 8 housing. Cm. Oravetz stated that he asked for the information originally in response to a letter submitted by a resident. Assistant City Manager J oni Pattillo clarified that Section 8 Vouchers go with the individual; there has been no creation of Section 8 housing in the City. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 430 ~ Of Dli8~ 1t~~~~~~\~ 19~~1f). ,~, qzlro'R~~ Cm. Sbranti stated he found the information interesting, citing the low use of Section 8 V ouchers in the City of Dublin. Mayor Lockhart spoke in support of the information. The City Council received the report. ____..u..______ "".. '_______________, Review of the General Plan and Eastern Dublin Specific Plan Amendment Study to Create Medium-Low Density and Medium-Mid Density Land Use Designations for the Portion of the Croak, Jordan and Chen properties with an Existing Medium Densitv Land Use Desi2nation 7:40 p.m. 7.4 (410-20) Senior Planner Jeff Baker presented the Staff Report and advised that during a previous Strategic Planning Session the City Council discussed the existing General Plan and Specific Plan Residential Land Use Designations within the City regarding densities and the need for a variety of housing types. He included the follow-up direction for Staff to study a General Plan and Eastern Dublin Specific Plan Amendment to create new medium-low density and medium-mid density residential land use designations for land with an existing medium density land use designation, citing the Croak, Jordan and Chen properties, located within the Fallon Village Center. Senior Planner Baker clarified that the entire residential portion of the Chen property consists of 6.5 acres with a medium- high density land use designation and the Jordan property includes 21.8 acres of land with a medium-high density designation that have not been included, in the analysis. He concluded his presentation with existing land use designations, the proposed land use designations and an analysis of the proposed densities, including potential housing types, stating that the proposed density would not require additional EIR review. Cm. Sbranti asked if a developer designated a part of the property as open space, would all of the units then be built on the remaining property? DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 431 ~ Of Dli8~ 1t?~~~~~\~ 19~~1f). ,~, qzlro'R~~ Senior Planner Jeff Baker responded on ratio entitlements, citing the method of calculating development density is on the gross area of the parcel, so that would exclude things like open space requirements or a creek and creates a smaller building area, so the product type is actually constructed at a higher density. .He stated projects are developed at the density according to the entire acreage of the site. The gross acreage calculation is really intended to help facilitate and encourage preservation of protected or sensitive areas. City Manager Richard Ambrose asked how density would be calculated if a developer wanted more open or common space? Senior Planner Jeff Baker responded it would be analyzed, but would still fall under the gross density and the developable area would be where the units are going to be so you could potentially end up with a slightly more dense product then if you didn't have any open or common space on site. Cm. Sbranti stated he understands the density is factored using the gross acreage. Mayor Lockhart requested clarification of potentially calculating density on net acreage, using an example of developing 20 units on ten acres (gross density) versus 20 acres on five acres (net density). She asked why the density is not calculated using the developable land instead of the entire property? City Attorney Elizabeth Silver responded that at the level the General Plan and Specific Plan were done in 1993 that information was not available, as you get down to the more refined planning levels, you have that information. Mayor Lockhart asked if the General Plan could be changed now? City Manager Richard Ambrose stated that if he understands Council comments, the question is could you change the General Plan so that you have a policy that specifies that density is based on the net developable acreage? Mayor Lockhart responded yes. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16, 2007 PAGE 432 Vm. Hildenbrand responded that is how some developers get around the density requirements; they build up because they have some areas they cannot build on. Common space is provided, but building up defeats the purposes of establishing density ranges. City Manager Ambrose asked if the goal of the Council is to create homes with private yard space? Senior Planner Baker responded that in the proposed definition for medium-low density, a requirement is included to provide usable open space or private yard space. He stated language defining yard area could be included in the Specific Plan to help address the issue of private yard spaces. Mayor Lockhart asked if the density would be denser to accommodate private yard space? Senior Planner Baker responded that could happen but the developer would still be restricted by density range? City Manager Ambrose asked about townhome density ratios and Senior Planner Baker responded townhomes are in the medium-mid density, the higher end of the medium density range. City Manager Ambrose asked if the 6 - 10 density range absolutely precludes any multi- family attached housing. Senior Planner Baker responded you could have an attached product, as long as it has a private yard, but not a stacked product. City Manager Ambrose responded that if the goal of the Council is to make certain that development within that density has a private yard, that Staff would have to put together a General Plan Amendment that accomplishes that. Vm. Hildenbrand responded that it is her understanding that is what the medium-low density is providing, but would have to be specified if that is made a requirement in the medium-mid density range. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16, 2007 PAGE 433 City Manager Ambrose stated he still thinks there is a gross versus net issue, depending on how the developer approaches that. He indicated they might provide more common space that is not required to be open space and asked Council to keep in mind that a lot of the open space the City has, is environmentally sensitive areas that developers cannot use anyway and if you want to make certain you will end up with the product you hope you're going to get, I think we need to look at that more closely and make sure that is what we bring back to you in the General Plan Amendment. City Attorney Elizabeth Silver recommended that level of detail be included in the Specific Plan but not in the General Plan. Mayor Lockhart stated this might be the last opportunity to offer more units with back yards. She spoke on concerns regarding giving developers development credit for land they cannot build on and allowing them to take that number and transpose it on a smaller space. She used the example of six units per acre being six units on ~ acre if half of the acreage is not usable. Cm. Sbranti commented on the importance of calculating gross versus net density, particularly in the medium-low density. Councilmembers discussed density ranges and transition from the more intense mixed use and medium-high density residential uses to medium-low density uses. City Manager recapped that Council supports the medium-mid and medium-low land use designations as proposed by Staff and prefers net density calculation to drive lower density in both categories and require a yard in the medium-low density range. Mr. Croak spoke on concerns relating to the development of the Croak property, citing complexity of planning the 42 units that would be included in the med-Iow density, requested an exemption, and requested Stage 2 Planning Process for the Croak property be considered. Vm. Hildenbrand clarified the Croak property proposed medium-low density and medium-mid density total 104 units and referred to correspondence received from Jordan property owners in support. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16, 2007 PAGE 434 Cm. Oravetz commented on considering Mr. Croak's request for an exemption and Stage 2 Planning, citing the topography of his property. Mayor Lockhart spoke on the priority of planning the entire community and providing residents backyards and a range of housing. She spoke in opposition to exempting the Croak Property. Vm. Hildenbrand spoke in opposition to exempting the Croak Property. City Manager Ambrose recommended making density ranges part of the General Plan and commented on providing the development community direction. On motion of Cm. Scholz, seconded by Cm. Sbranti, and by a majority vote with Cm. Oravetz voting no, the City Council directed Staff to proceed with preparation of a General Plan/Eastern Dublin Specific Plan Amendment that would split the current medium density designation into medium-mid and medium-low; and for both designations of the properties identified in the Staff Report, that the densities be based on the net acreage and that yards would be required for the medium-low category. NEW BUSINESS 8.1 and 8.2 heard concurrently. Approval of First Amendment to Recreational Use License Agreement with the Alameda County Flood Control and Water Conservation District (Zone 7) 8:35p.m. 8.1 (600-40) Approval of First Amep.dment to Access and Maintenance Agreement with Tassajara Creek Maintenance Association for Landscape Maintenance of Creek Parcels Owned bv the Alameda County Flood Control and Water Conservation District (Zone 7) 8:35 p.m. 8.2 (600-30) DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16, 2007- PAGE 435 City Engineer Mark Lander presented the Staff Reports for Item 8.1 and 8.2 concurrently and advised that the City entered into a Recreational Use License Agreement with the Alameda County Flood Control and Water Conservation District (Zone 7) and an Access and Maintenance Agreement with the Tassajara Creek Maintenance Association on February 15, 2005. He stated the Amendments to the Agreements will add the recently . constructed portion of the Tassajara Creek Regional' Trail within Tract 7414 and Lot "131 of Tract 7075, and will add responsibility for maintenance of landscaping. Cm. Sbranti requested additional information on the Tassajara Creek Maintenance Association. City Engineer Lander responded that the Maintenance Association is an umbrella property owners association. On motion of Cm. Sbranti, seconded by Cm. Scholz, and by unanimous vote, the City Council adopted RESOLUTION NO. 192 - 07 APPROVING FIRST AMENDMENT TO RECREATIONAL USE LICENSE AGREEMENT BETWEEN CITY OF DUBLIN (CITY) AND ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) ADDING TASSAJARA CREEK REGIONAL TRAIL WITHIN TRACT 7414 AND , LOT 131 OF TRACT 7075 RESOLUTION NO. 193 - 07 APPROVING FIRST AMENDMENT TO ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE TASSAJARA CREEK MAINTENANCE ASSOCIATION _ u _ ___ __ __.. __ _ ___ _ H __, DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 436 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 (AB1234). 8:45 p.m. Cm. Oravetz reported on attending Community Day at the Livermore Lab Performing Arts Center and a LAFCO Meeting on the budget. V m. Hildenbrand reported on attending a Bernadette Peters event and the Local Government Commission Dinner. She congratulated the Mayor and the City for winning the Sticker Contest and announced she will be attending a League of California Cities East Bay Division Dinner on October 18th. Mayor Lockhart spoke in support of the Local Government Commission. She congratulated the Community for winning the Sticker Contest and reported on the Grand Opening of Saturn-Hummer-Saab of PleasantonlDublin, opportunity to speak with 6th graders at Wells Middle School Careers Class and hosting a Metropolitan Transit Tour in Dublin on Friday, October 19th. .. ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 8:56 p.m., in memory of our fallen soldiers. Minutes prepared by Carolyn Parkinson, Interim City Clerk ATTEST: DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING October 16,2007 PAGE 437