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HomeMy WebLinkAbout4.01 Draft CC 12-4-07 Min IDJRAJF1r ]lJIIl~JlUrn1K~ (Q)W HiE. cIrn1f (C(Q)1UJNCITlk (Q)W lrffiBK (CIrn1f (Q)W JI>>1UJ{ffill.JIE U(6jlUJII.J2J.fR{ Jl?J~1I1lN(ffi = IOO;,CCDffiHEJRS. 4111 !(Q)(Q)~ CLOSED SESSION - None <> A regular meetmg of the Dublm CIty CouncIl was held on Tuesday, December 4,2007, m the CouncIl Chambers of the DublIn CIVIC Center The meetmg was called to order at 7 01 pm, by Mayor Lockhart <> ROLL CALlL PRESENT CouncIlmembers HIldenbrand, Oravetz, SbrantI and Scholz, and Mayor Lockhart ABSENT None ~<> PLEDGE OJF ALlLEGlIANCE The pledge of allegIance to the flag was recIted by the CouncIl, Staff and those present 0-- The City CouncIl meetmg was recessed at 7 02 pm for the regular DublIn InformatIOn Inc meetmg <> The CIty CouncIl meetmg was reconvened at 705 pm with all CouncIl members present DUBLKN CITY COlUNCKIL MKNU'JI'ES VOILlUME 26 lREGlULAR MEETKNG DECEMBER og, 2007 :r AGE og88 IDIRAJF1r ORAL COMMlUN1[CA TJ[ONS AlDlPOlInntmennt to Allamedla Cm.mtv MOSQllllldo AII:>>atemeHllt DnstJrIlc! 7 05 p m 3 1 (110-30) CIty Manager RIchard Ambrose presented the Staff Report The CIty CouncIl conSIdered the appomtment of JIm Kohnen to a term on the Alameda County MosqUito Abatement Dlstnct Board On motIon of Cm Oravetz, seconded by Cm SbrantI and by unammous vote, the CouncIl adopted RESOlLUTION NO. 2]10 - 07 MAKITN G AN AlP'PO J[N1rMEN1f 'Ir0 'fJB[JE, ALAMEDA COUNTY MOSQUJ[TO ABA 1rlE MIlE NT DJ[STIDCT BOARJI)) OJF TRUSTEES <> J[llltJrorll UBctnonn of New Em 1P1loyees Anngellnca Smntlln, PaJr1l:- Time JB[UBmann ResoUBJrces Annallvst, MaUBJreenn O'Canllae:llnaHll, ArllmnmstJrahve Aulle 706 P m 3 2 (700-10) ASSistant to the City Manager Juhe Carter mtroduced new Part-Time Human Resources Analyst AngelIca SmIth CommunIty Development DIrector len Ram mtroduced new AdmInIstratIve Aide Maureen O'Callaghan The CounCil welcomed Ms SmIth and Ms O'Callaghan to the CIty Staff <'> DUBlLlIN CITY COlUN<CIL MlINU1I'ES VOLUME 26 REGUlLAR MElETJIN G DECEMBER og, 2007 PAGE ogS9 IDIRAJF1r PUD.lbhc Commennts 7 09 P m 3 3 No comments were made by any member of the publIc at thIS tIme <> CONSENT CALENDAR 709 pm Items 4 1 through 48 Vm HIldenbrand pulled Item 44 for dIscussIOn CIty Manager Ambrose pulled Item 4 5 for dISCUSSIOn On motIon of Cm SbrantI, seconded by Cm Oravetz and by unammous vote, the CouncIl took the followmg actIOns Approved (4 1) Mmutes - None Adopted (4 2 450-30) ORDINANCE 24 - 07 APPROVING A PD-PLANNED DEVELOPrvlliNT REZONING TO Al\AEND THE ADOPTED STAGE 1 DEVELOPMENT PLAN AND ADOPT A STAGE 2 DEVELOPrvlliNT PLAN FOR THE WINDSTARPROlECT (APN 941-1500-046-01) P A 06-009 Adopted (4 3 610-20) ORDINANCE 25 - 07 A:MENDING CHAPTER 2 40 OF THE DUBLIN MUNICIPAL CODE RELATING TO UNCLAIMED PROPERTY AND ADDING A DEFINITION TO SECTION 1 04 020 OF THE DUBLIN MUNlCIP AL CODE DUBLI[I~ ClIl'Y COlUNCJIIL MINUTES VOLUME 26 REGUlLAR MEETITNG DECEMBER 4l, 2007 JP AGE .g90 IDIRAJF1r Recelved (4 6 330-50) Fmanclal Statements for October 2007 Approved (47 600-50) by motIon only, CooperatIve Agreement wIth CalIfornIa State Department of transportatIOn (Caltrans) and Budget Change for a Stormwater Treatment Umts Project Approved (48 300-40)Warrant Register m the amount of$1,184,188 19 0- Vm HIldenbrand pulled Item 4 4 (600-30) Artwork "Wmd, Lzght, Shade = TranqUllity" Art m the Parks-Bray Commons Park, and asked Staff if a leaf wmd chIme she had receIved from a resIdent and returned to Staff had been securely affixed to the artwork Herztage and Cultural Arts SupervIsor John Hartnett stated that the leaf, as well as all the leaves on the art, had now been secured wIth "0" rmgs to prevent them from fallmg off On motlOn of Vm Hzldenbrand, seconded by em Scholz and by unammous vote, the Counczl accepted the artwork "Wmd, LIght, Shade = TranquIhty" Art zn the Parks-Bray Commons Park <> -- Clty Manager Ambrose pulled Item 45 (700-20), RevIslOns to the Personnel System and stated that the ztem had been removed because there was a typographIcal error on the resolutlOn notzng the wrong pas I tlOn The CouncIl had been provIded a corrected copy On motlOn of Vm HIldenbrand, seconded by Cm Oravetz and by unammous vote, the CouncIl adopted RESOLUTION 211- 07 AMENDING THE CLASSIFICATION PLAN DUBlLlIN CITY COUNCIL MINUTES VOLUME 26 REGUlLAR MlEE 1lJING DECEMBER ~, 2007 PAGE .g~n ~f~ lIl:&.~~~\~ J9~~Sl. ,~, i1l!rov..~\'l;, ]))IRAJF1r RESOLUTION 212 - 07 AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION RESOLUTION 213 - 07 AMENDING THE SALARY PLAN - FULL-TIME as amended, to correct posItwn to read "Publzc Works Manager" <> -- -- WRJl:T1I'EN COMMlUNJI CA 'fJIONS - None ~O -L- lP'UBLlIC lHIEARKNGS JIHllstalllatlloHll of STOP SD~JJllS onn Clreelkvllew Dlrnve at MaVIl1l1loDllt LaDlle (Nolrtlln) 7 12 pm 6 I (590-40) Mayor Lockhart opened the publIc hearmg Traffic Engmeer JaImee BourgeOIs presented the Staff Report and adVIsed that thIS Item sought CIty Council approval to Install STOP SIgnS on Creekvlew Dnve to provIde safer egress from Maymont Lane (North) due to lImIted sIght dIstance Concurrent wIth the STOP signs InstallatIon, crosswalk markmgs and curb ramp upgrades were recommended Vm HIldenbrand stated these Improvements were WIse to complete for the safety of the neighborhood No testImony was receIved by any member of the publIc relatIve to thIS Issue DUBlLITN CITY COUNCJIlL MJINlU'fES VOlLUME 26 REGULAR MJEETING DECEMBER 4, 2007 JP> AGE .g92 IDlRAJF1r Mayor Lockhart closed the publIc heanng On motIon of Vm HIldenbrand, seconded by em SbrantI and by unanImous vote, the Council adopted RlESOLUT[ON NO 2110g - 07 APlP'ROV AL OF S'fOP SlIGNS ON CREEIKV1IEW DIDVE AT INTERSJEC'flION OF MAYMON'f ILANE (NOlR'fm and to mclude truncated domes and crosswalk markmgs as outlIned m the Staff Report <> Nne:llnttnme StOlPlPllnn2 RestnctllOllIl Ollll Mane Wav 7 23 pm 62 (590-20) Mayor Lockhart opened the publIc hearIng Traffic EngIneer Jalmee BourgeOIs presented the Staff Report and advIsed that thIS Item sought CIty Council approval for a ISO-foot no stoppmg zone between the hours of 10 00 P m and 6 00 a m on the north sIde ofMape Way Cm SbrantI asked Staff If the after hour events mentIOned by Traffic Engmeer BourgeOIs were the cause of the parkmg vIOlatIOns or people In the park Itself Traffic Engmeer BourgeOIs stated they did not have those detaIls If there were events m the park, the report did not specify If there were vehIcles parked on the street assocIated With that event It could have been people that had walked to or through the park Karl Busche, DublIn resIdent, stated he was the resIdent that made the request and relayed mformatIOn on actIvItIes In Mape Park such as parties, lIttermg and actIvItIes that necessitated callIng the Pollee He belIeved the "No Parkmg" SIgns would be helpful to curb such activity He was m favor of the Council adoptmg the request DUBlLITN CI'fY COUNCIL MJINlLT1I'ES VOLUME 26 lREGUILAR MEE 1I'JIN G DECEMBER og, 2007 JP> AGE og93 lIJ)IRAJF1r em Sbrantl asked If there were any sImIlar restnctIOns at other CIty parks Traffic Engmeer BourgeoIs stated she was not aware of any PublIc Works DIrector MelIssa Morton stated Staff would research whether or not there were sImIlar restrICtIOns m other CIty parks The CIty CouncIl dIscussed support of the request but were not sure It would solve the Issues It mIght help deter some of the actIVIty Traffic Engmeer BourgeOIS stated that Staff recommendatIOn was to reVIeW the results of the "No Parkmg" SIgnS upon the request of a resIdent If the problems contmued Mayor Lockhart closed the publIc hearIng On motIon of Cm Sbrantl, seconded by Vm HIldenbrand and by unammous vote, the CouncIl adopted RESOLU'fiON NO. 2Jl5 - 07 AJPPROV AIL OF NO STOPPiNG ZONE ON MAlP'E WAY DlJRJING SPECJIIF'TIED NTIGJB['f IHIOURS and If disturbances contmued, and upon the request of a resIdent, a follow up study would be conducted III SIX months to mvestIgate the feasibilIty of expandmg the restnctIOn to the south SIde of Mape Way <'> lP A Oog-OJl6 JFaftnonn CJrossmg SUlllbmntlerlllby Stall1ldlaJrd lP'acnfic IHIomes to COHllsndeJr a PD RezoUllllHll1! annd Related Sta![e 2 DevellolJ]lmennt PllaHll fOJr Jl06 Resndlenntnall lLots 7 34 p m 6 3 (620-20/600-60) Mayor Lockhart opened the publIc hearIng DUBLlIN CTITY COUNCTIL MJINU1r]ES VOLUME 26 REGlUILAR MEE1fJING ID>ECEMlIllElR. .:!J, 2007 PAGE og9og IDIRAJF1r Planmng Consultant Mike Porto presented the Staff Report and advIsed thatthe ApplIcant, Standard PacIfic Homes, requested approval of a PD rezomng and related Stage 2 Development Plan for the property The project proposal mcluded the constructIOn of 106 sIngle-famIly resIdentIal dwellIng umts (WhICh would Include 4 duplex bUIldmgs [8 umts total] that would be used to comply wIth the IncluslOnary Housmg OrdInance) and open space land uses consIstent wIth the Eastern DublIn SpeCIfic Plan on approximately 67 8 acres east of TassaJara Road, and located between the SIlvera Ranch development and Moller Ranch property Cm Oravetz asked Staff who would be plantIng and mamtammg the vmeyard Plannmg Consultant Porto stated that the applIcant would be plantmg the vmeyard and the homeowners aSSOCIatIOn (HOA) would mamtam It Cm SbrantI asked In regard to the one-acre park WhICh would be mamtamed by the HOA, was the CIty bUIldmg the park or gIvmg any gUIdance or would It be completely developer bUIlt and HOA maIntamed? Planmng Consultant Porto stated It would be completely developer-bUIlt and HOA mamtamed Cm Oravetz asked Staff why the City dId not take credIt for the park and mamtaIn It? CIty Manager Ambrose stated the park dId not meet the mImmum reqUIrements for a neIghborhood park as speCified m the Parks and RecreatIon Master Plan Vm HIldenbrand asked If the park was only for the development, would the CIty be contnbutmg any money for the art m the park CIty Manager Ambrose stated thiS would be the developer's means of complymg wIth the publIc art ordmance Michael WhItby, Project Manager for Standard Pacific Homes, stated thIS was a completely dIfferent SIte plan based on CIty CouncIl comments ! DUBLIN CJI1I'Y COUNCIlL MINUTES VOLlUME 26 REGUlLAR MEE'flING DECEMBER og, 2007 lP AGE og95 IDlRAJF1r Mayor Lockhart stated she lIked the plan It brought new dImensIOn, a new look and Idea to the communIty for a neIghborhood that would brmg people together wIth some common mterests The developer had taken the vIllage mterest to heart Vm Hildenbrand stated she was happy to see a dIfferent type of housmg UnIt come mto the CIty, m regard to the duets They were dIfferent She would hke to see other developers use thIS as an example ThIS was a great optIOn Mr WhItby stated that as the project progressed, they watched what was gomg on The other plan had some real Issues and thIS made somethmg mterestmg They were able to turn the plan around em SbrantI commented on how the duets mIrrored the other homes He asked how bIg the balcony was on the French Country desIgn Mr WhItby stated It was very shallow The doors could be opened, but they were more for decoratl ve purposes Cm Oravetz asked If the HOA would mamtam the vmeyard year after year Mr WhItby stated the developer would put m the vmeyard and the HOA would mamtam It It could be planted With non-frUIt bearmg vmes Crn Sbrantl stated m that there was a lot bemg mamtamed by the HOA and bemg only 106 umts, what would be the cost of the HOA? At the Planmng ComrmssIOn meetmg, It was stated that the cost could be around $250 Was that typIcal for prOjects of thIS sIze? Mr Whitby stated that he would allow Jason Hadnot of Standard PacIfic Homes answer that questIOn Plannmg Consultant Porto stated that there was a slgmficant amount of topography on the lower part of the project The fire department was concerned about fightmg fires m natural open space m that partICular area There would have been some type of Irngated landscape After lookmg at umque alternatIves to fill the space, thIS was the developer's response to thIS Issue DUBLlfN CITY COlUNCIL MlINlUTES VOlLUME 26 lRlEGUlLAR MEE l'lING DECEMBER og, 2007 PAGE og96 IDlRAJF'f The Mayor stated the future homeowners would know the costs of the HOA before they moved m and would understand to what they were commlttmg No testImony was receIved by any member of the publIc relative to this Issue Jason Hadnot, DIrector of Planmng at Standard SpecIfic Homes, stated he had addressed the HOA Issue at the PlannIng CommissIon and related It to a similar project they had completed m Concord, planted open space that bordered the property and a pool facIlIty In that neIghborhood the fees were Just under $200 Although the costs of thIs development's HOA had not yet been run, they were cogmzant that the dues took away from what the reSIdent could pay for the home VIce Mayor Hildenbrand stated that HOA dues were usually defined upfront and homeowners would know what the fees would be Mayor Lockhart closed the publIc heanng On motIon of Cm Oravetz, seconded by Cm Scholz and by unammous vote, the Council INTRODUCED the Ordmance approvmg a PD rezomng and related Stage 2 Development Plan <> AplPlI"ovmg tllne JFoJrmatnonn oft' tllne JFannonn Vnllnage Geonognc 1Hhnzanll Albatemennt DllstJrRd (GJB[AD) alllldl AJl)Jl}omtnnu! tllne Cnty COUBnncnn as tllne BoaJrdl oft'DllJredoJrs of tllne GIHIAID> 800 p m 64 (360-60) Mayor Lockhart opened the publIc hearIng PublIc Works DIrector MelIssa Morton and City Engmeer Mark Lander presented the Staff Report and adVIsed that at the November 6, 2007, City CouncIl meetmg, a publIc heanng was set for the CouncIl to conSIder formatIOn of the Fallon Village GeologIc Hazard Abatement Dlstnct ThIS hearmg would allow formatIOn of the GRAD and establIsh the CIty CouncIl as the Board of DIrectors of the GHAD ]]J)UBILJIN CI'fY COlUNCJI1L MINU'fES VOILlUME 26 REGlULAR MEEl'lING DECEMBER og, 2007 PAGE og97 IDIRAJF1r Cm Oravetz asked If the $488 would be collected through property taxes and when would the vote happen CIty Engmeer Lander stated the ballots would be counted m February of 2008 There was only one property owner, Braddock and Logan, at thIs time If there was a vote resulted m favor of establIshmg the GRAD, the assessment would be leVied In August of 2008 and the assessment would go on the 2008-2009 tax rolls The assessment would only be leVied agamst propertIes for whIch a bUIldmg permIt had been taken out, as of June 30, 2008 Cm SbrantI asked what happened If a resident did not want to be part of the GRAD CIty Engmeer Lander stated that at thIS pomt there was only one property owner, Braddock and Logan, and they could protest the GRAD, vote the assessment down But they were condItioned, m order to file a final map for the property, that they must have the GRAD m place Jeff Lawrence, Braddock and Logan, stated they VIewed thIS as a benefit for the project The CounCIl had been dIscussmg the HOA fees and mamtenance needed to be addressed on an annual basIs on a project thiS SIze WIth the GRAD there would be funds aVailable to take care of mamtenance costs He hoped the CouncIl moved forward wIth the formatIon of the GRAD Mayor Lockhart closed the publIc hearmg Cm Oravetz asked the CouncIl If they wanted to get mto the busmess of runmng a GRAD Cm Sbrantl stated he had asked the same questIOn about a year ago But InItIally they dId not have homeowners so the CouncIl needed to be a part of thIS Vm HIldenbrand added that the Council could take a more objectIve VIew It was Important that the homes were safe It might be re-evaluated later Cm SbrantI asked what was the standard practice III other JUrIsdictIOns? Were other CouncIls mvolved m thiS manner? DlUBLnN CiTY COlUNCKlL MKNU'fES VOlLUME 26 REGULAR MEETING DECEMBER og, 2007 PAGE 4198 IDIRAJF1r PublIc Works DIrector Morton stated the trend was to have CouncIls or SupervIsors act as the GHAD Board of Directors There had been areas m CalIfornia where reSIdents were on the Board and there were such problems that the GRAD was dIssolved and a new GHAD formed, wIth CouncIl member and SupervIsors on the Board Mayor Lockhart stated that reSIdents could come and go on a Board, but m regard to the safety Issue, It was Important to have officIals elected by the reSidents and advised by Staff, to be on the Board Vm HIldenbrand stated that It would not be a good Idea to have someone on the Board for the wrong reasons PublIc Works Director Morton stated that for the first three years, the GRAD would be run by the developer Once the GHAD was taken over by the GHAD Manager, Staff would have worked to provide GRAD management candIdates that could provIde good geologIc adVIce to the Board On motIon of Cm Scholz, seconded by Cm Sbrantl and by unanImous vote, the CouncIl adopted lRESOLU1rlION NO 216 - 07 APPROVlING TJB[JE lFORMAl'JION OF 'fHE IF AlLLO N VJILlLA G E GJEOILOG IT C HAZARD ABA 1I'EMENT ][)l liSl'RJIC'f AND APPOKN1rlING 1rJB[JE DUBlLIN ClITY COUNCJIlL AS 1I'HE BOAR[)) OF DJIlREC1I'ORS - <> - - -- -- DlI.rnlLliN CITY COlUNCJIlL MINUTES VOlLlUME 26 REGULAR MJEETING DECEMBER og, 2007 lP' AGE 4199 IDJRAJF1r lUNIFINlISIHIED BUSINESS Braddock &, lLogaHl! AffoJrdablle JHIoUBsmg PJrojposall to Address IrrndUBsnonnary ZOHnnIlllg Re1!UBllatnonns fOJr tllne AIllIdeJrsonn PJrolDeJrty 8 21 pm 7 1 (600-30/430-80) Semor Planner Jeff Baker presented the Staff Report and advIsed that the CIty Counctl had dIrected Staff to work wIth the ApplIcant to Incorporate market rate umts mto the proposed 88-umt affordable project on the Anderson property m order to create a mixed mcome development Braddock & Logan had proposed a 108-umt apartment to address the dIrectIOn by the CIty CounCIl The CIty CounCil would provide Staff With further dIrectIon regardmg the affordable oblIgatIOn for the proposed 20 addItIonal market rate umts on the Anderson property Vm Hildenbrand stated she was the one that asked that the Anderson property have more of a mix rather than Just all affordable umts It was never her mtent to ask them to make more affordable umts She would lIke the CouncIl to grant the developer the exceptIOn The CouncIl concurred On motIon of Vm HIldenbrand, seconded by Cm Scholz and by unanImous vote, the CIty CouncIl directed Staff to prepare an Affordable Housmg Agreement for the proposed 108- umt project on the Anderson property with a reqUirement to provIde a total of 88 affordable umts consIstent With the Braddock & Logan Affordable Housmg Proposal dated October 18, 2005 <> lIrrn:lfoJrmatnonnall RelDoJrt (linn SUBlDeJrstoJres 8 3 1 P m 7 2 (420-20) Semor Planner Manne NUCCIO presented the Staff Report that was an mformatIOnal report to the CIty CouncIl on the CIty ofDubhn's exposure to potentIal Superstore development DUBLlIN CITY C'01UNClIL MJINU1rJES VOlLUME 26 RlEGUlLAR MEE'flNG DECJEMBER ~, 2007 PAGlE 500 IDIRAJF1r Cm S brantI stated that at a prevIOus CounCIl meetmg, the Council had asked about the BurlIngton Coat Factory bUIldmg Could It accommodate a superstore? CIty Manager Ambrose stated that the site could not accommodate a superstore footprmt Staff had looked at areas wIth development pOSSlblhtIes, not those wIth multIple owners, multiple leases, whIch would make It more dIfficult to accommodate a superstore Cm SbrantI stated he asked about the BurlIngton Coat Factory sIte because It was only two bUIldmgs wIth two tenants DId Staff know the square footage of those two bmldlllgs? EconomIC Development DIrector Chns Foss stated It was two stones and only about 100,000 square feet on the ground Cm SbrantI asked If an applIcatIon were to come through, would the CIty have to make findmgs to deny the applIcatIOn? AssIstant CIty Attorney John Bakker stated sIte development reVIew (SDR) and development agreements were probably not the appropnate tIme to make a determlllatIOn of whether a superstore came m That would be a use determmatlOn There might be constramts assocIated With a partIcular sIte that made a superstore mappropnate at a partIcular locatIOn, m WhICh case SDR would be an appropnate mechanism to prevent that development from commg m The CIty would have to look at facts at that speCIfic site m order to make that determmatIOn If the CouncIl wanted to ban superstores as a general matter, they could adopt a superstore ordmance m WhICh case developments lIke the Lm SIte, would be subject to that rule, and therefore a superstore could not go m at the Lm site But m the Lms' case, they had varIOus development agreements, mc1udmg the master development agreement WIth certam vested nghts They mIght not be subject to an ordmance agamst superstores because of those vested nghts SIte development reVIew was probably not the approprIate mechamsm for reJectmg a superstore unless there were SIte constralllts assocIated wIth It Cm Oravetz stated that If, hypothetIcally, regardmg the Chen property that runs along I 580, If someone came m WIth an applIcatIon for a superstore or large car lot, he could not see It bemg approved WIth traffic bemg what It was m the area DUBlLJIN CJI'fY COlUNCJIlL MJINlU'fES VOLUME 26 REGULAR MEETING DECEMBER og, 2007 PAGE 501 IDRAJF1r The CounCIl dIscussed large developments that were commg mto the Tn-Valley Would there not be CEQA revIew? CIty Manager Ambrose stated the CIty had done an EnvIronmental Impact Report associated wIth the Eastern Dublm SpecIfic Plan, and that specIfic plan IdentIfied certam \ square footages and traffic Impacts associated wIth those square footages for the entIre Eastern DublIn PlannIng area, so whether or not you have three stores that total 175,000 square feet or one store that SIze, the traffic was accounted for as part of that plan And every tIme you looked at a plan, hke Fallon Crossmgs tomght, those homes were evaluated In terms of their traffic Impacts on the road systems as part of that ongmal envIronmental document That was the baSIS upon WhICh those projects were evaluated You would have to go through CEQA but m the context of the eXIstmg EIR and any changes that mIght have occurred m terms of Impacts, the City dId look at that Jaml Moore, Dublm reSIdent, stated she was opposed to havmg superstores m Dublm That was not the type of store for that area Cm SbrantI stated that the Staff Report confirmed hIS concerns He was concerned about what Impacts a superstore would have m terms of economIC development m the area The CIty could better use that amount of land m terms of Jobs and amemtIeS than havmg a superstore The City was gettmg a beautIful LIfestyle Center In place of IKEA, on the same parcel of land The Council should move forward WIth the ban before an applIcatIon for a superstore came to Dublm It was faIr to property owners before they came wIth a plan, to let them know about the CIty'S ban, If adopted Vm Hildenbrand concurred wIth Cm SbrantI Mayor Lockhart stated It was better to be up front wIth the development commumty rather than fight the battle after Cm Oravetz stated he was agaInst the ban A super Target was not the worse thIng m the world If It was m the nght spot A super car dealershIp was a great way to get revenue The CIty'S plannIng process was a gUIde on what type of busmess came mto the City He dId not support the ban DlUBLlIN CITY CO lUN <ClIlL MJINU'lrES VOILUME 26 REGULAR MEETING IDECEMBER og, 2007 PAGE 502 IDIRAIF1r em Scholz stated she had concerns regardmg a gIant store m DublIn She lIked the concepts of the "Mom and Pop" store She supported what em SbrantJ was advocatmg Mayor Lockhart asked m regard to the defimtlOn of a superstore, was It the amount of grocenes m the store that determmed If It fit under the ban? What was It the Council was lookmg to deCide? AssIstant CIty Attorney Bakker stated It was not a ban on square footage It was a ban on stores over a certam square footage that also contamed a certam amount of square footage devoted to non-taxable sales A typIcal Walmart or Target would contam mostly taxable sales But superstores also contamed a meat department and tYPIcal grocenes so they were both a Walmart or Target and grocery store combmed That was the dIstmctIOn bemg made m this ordmance CIty Manager Ambrose stated that you could have a department store and a grocery store next to each other and have the same dynamIc But WIth a superstore you had a very large bmldmg Prom a deSIgn standpomt and from the standpomt of reuse, you ran mto dIfficult Issues The LIvermore ban and Its square footage would preclude the CIty'S own downtown Target em SbrantI stated the CIty needed to adopt an ordmance that would not hurt any of the CIty's eXlstmg busmess CIty Manager Ambrose stated Staff looked at the eXlstmg superstores and that was how they determmed acreage and square footages m the Staff Report em Oravetz asked If Staff would return WIth a new ordmance for the CounCIl to reVIew after CouncIl's dIrectIOn CIty Manager Ambrose stated yes, If that was the CouncIl's directIOn em Oravetz stated the CIty was solvmg a problem It dId not have If someone came to the CIty WIth a plan for such a store, the SIte development reVIew process would help the CIty at that pomt IOlUBLJIN CI'fY COUNCTIL MJINU'fES VOlLUME 26 REGUJLAR MJElE'JI1N G DECEMBER og, 2007 lP' AGE 503 ]]J)IRAJF1r Economic Development DIrector Foss stated that Staff had contacted retailers and asked what theIr new prototype store would be Target's response was that they were lookmg at 140,000 square feet, WIth non-taxable sales of 6-12% At 140,000 square feet, 100/0 would be 14,000 square feet of non-taxable sales The downtown Target was 115,000 square feet, wIth about 5-10% range Mayor Lockhart stated she supported lookmg at the ordmance at a future CouncIl meetmg and havmg dIscussIOn regardmg square footages at that tIme On motIon of Cm SbrantI, seconded by Vm HIldenbrand, and by maJonty vote (Cm Oravetz votmg no), the CIty CouncIl receIved the report and prOVIded Staff wIth dIrectIon to prepare a superstore ban ordmance for a future CouncIl meetmg, wIth further dIscussIOn regardmg square footage at that tIme 0---- RECESS 901 pm Mayor Lockhart called for a bnef recess CouncIlmembers present at 9 07 P m The meetmg reconvened wIth all --- - - <> - NEW BUSINESS ReQ11l1lest to lP'ermnt ReDlltan olf Bellow MaJrket Rate FOJr-Salle Umts onn tlllle Bssns of lH[anlls Illln Jl) 9 07 pm 8 1 (430-80) Housmg SpecIalIst John Lucero presented the Staff Report and advised that the CIty CouncIl would conSIder the allowance to rent Below-Market Rate (BJ\1R) For-Sale Umts on the baSIS of a hardshIp The CounCIl dIscussed how thIS was an mterestmg discussIOn that had not been conSidered If someone's Job took them elsewhere, or there was an Illness, It would be a D UBlLllN Cll1I'Y CO UN CJIIL MlINUTE S VOlLUME 26 RJEGlULAR MEEl'lING DECEMBER 4,2007 lP' AGE 500g IDRAJF1r hardshIp The CIty could gIve a resident one year to rent the umt, staymg wIthm the same below market rate gUIdelmes as when they bought the home They had not foreseen the real estate market turn On motIon of Mayor Lockhart, seconded by Cm Scholz and by unanImous vote, the CIty Council provIded directIon to Staff to brmg back a rental polIcy for the below market rate umts that Included a rental range m the below market rate and a maXImum of one year for specIfic reasons such as health or Job transfer -~<> 1HIomewoJrIk. JB[lI.lllb PJrogJram JPsJrtnneJrsllnlllP wntlln ScllnooR DnstJrnct 9 15 pm 82 (515-20) Parks and CommunIty ServIces Manager Paul McCreary presented the Staff Report and adVIsed that Staff had been approached by the Dublm Umfied School DIstnct Supenntendent about creatmg a partnershIp to offer a homework assistance program after school at the elementary school level CIty Staff adVised that they met WIth the School DIstrict to develop a pIlot program plan for Dougherty and DublIn Elementary Schools Vm HIldenbrand stated that some famIlIes had chIldren at dIfferent schools In DublIn Could students from other schools attend these programs? Parks and CommunIty ServIces Manager McCreary stated the programs would be open to all DublIn students Cm SbrantI asked Staff If thIS program would be separate from programs the CIty already had In place Parks and Commumty Services Manager McCreary stated yes, It would be a separate program Cm Scholz asked If thIS had been done before m the CIty Was thiS bemg done because there was a need? What would be the cost? DUBlLIN CKTY COUNCJIlL MlINUTES VOlLUME 26 REGULAR MEETING DECEMBER og, 2007 PAGE 505 IDJRAJF1r Parks and CommunIty ServIces Manager McCreary stated that a sImIlar program was now offered at mIddle schools and the Supermtendent and PrmcIpals felt there was a need for such a program The total expendItures for the sIx-month pIlot was $23,809 That would be offset by about $24,640 m revenue Those were dIrect expenses There was some overhead that stIll needed to be recovered Vm HIldenbrand stated that she had been on the Dougherty PFC and the PFC had been approached by a school board member askmg If they were mterested m helpmg start homework clubs Because of certam CIrcumstances, the School DIstrIct took It back and thIs was how thIS program was started em Sbrantl stated that havmg somethmg consIstent was good It complImented the current CIty programs Cm Oravetz asked Staff to report back to Council at the end of the SIX month program Staff agreed to report back On motIon of Cm Oravetz, seconded by Cm Scholz and by unammous vote, the CIty CouncIl approved the proposed program plan and adopted the budget change <> 2008-2009 Goalls &, Obuectnves anulllBUBrl!.get PJrocess 924 pm 83 (100-80) CIty Manager Ambrose presented the Staff Report and advIsed that the CIty CouncIl would consldeI establIshmg dates for meetmgs assocIated wIth the CIty'S 2008-2009 Goals & Objectives and Budget process The CIty Council confirmed the dates of Saturday, February 2, 2008, at 9 00 am, and Monday, March 31,2008, at 600 pm, for meetmgs associated wIth the 2008-2009 Goals and ObjectIves .-~ <> IlJlVIalLJIN CKTY COlUNCJIL MJ[NU'fES VOLlUME 26 REGULAR MEETING DECEMBER og, 2007 PAGE 506 IDIRAJF1r Report Oll1l tllne ConntJrad fOJr SeJrVllces lbetweenn tllne Allamerlla Cmllll1lty JFue DepaJrtment annd tllne LawJreHllce LnveJrmoJre N a tllOnnan SecUBJrnty, L1LC 927 pm 84 (540-60) Alameda County FIre ChIef Sheldon Gilbert presented the Staff Report and advIsed that thIS Staff Report dIscussed the award of contract to Alameda County FIre Department (ACFD) by LIvermore NatIOnal SecurIty, LLC, as It related to fire servIces In the CIty of Dublm Deputy ChIef Randy Bradley stated this was a good sItuatIOn for the CIty of DublIn It would Improve the total level of fire protectIOn In the CIty He looked forward to workmg wIth the CIty The CIty CouncIl receIVed the report <> ConnsndeJratllonn of ann Amenndmend to tllne RUBlles fOJr tllne ConndlUBd of Cmmcnn Meetmgs to pJrollnnlbnt lPollntncall Adnvntnes at Cnty COUBnncnn Meetm2s 9 34 P m 8 5 (610-20) ASsIstant City Attorney Bakker presented the Staff Report and advIsed that the CIty CouncIl would consIder a request to adopt rules and regulatIOns that would prohIbIt or restnct officers and employees from engagmg m polItICal actIvItIes durIng workIng hours, and would prohIbIt or restnct polItIcal actIvItIes on the premises of the CIty Cm SbrantI asked If these rules were not already m effect, as m the School DIStrIct EducatIon Code ASSistant CIty Attorney Bakker stated that no, these rules were not In place at the CIty for Councllmember but there was such a Personnel Polley that applIed to CIty employees III place IOlUBlLlIN CITY COUNCTIL MJINU1rES VOlLUME 26 REGULAR MEETING DECEMBER og, 2007 PAGE 507 I[))lRAJF1r CIty Manager Ambrose stated CIty employees had to refram from polItIcal actIvity as provIded for III State law and federal law on CIty property and on CIty time AssIstant CIty Attorney Bakker clanfied that there was a dlstmctIOn between usmg CIty facIlItIes for electIOneenng, campalgnmg, or polItIcal actIvItIes and that was dIfferent from what was bemg dIscussed m thiS rule If you were to use the CIty'S emaIl system for the same uses, you would be usmg publIc mOnIes to engage m those kmds of actIvItIes and that was prohIbIted by State law Crn Oravetz asked If the Councllmembers were not City employees CIty Manager Ambrose stated they were not They were only CIty employees from the perspectIve of the IRS Mayor Lockhart stated thIS was a good Idea because thIs was a non-partIsan office, and when she was sIttmg at the daIS, she dId so m a non-partisan pOSItIon and she was not usmg partIsan polItICS, goals or ethics to do the busmess of the CIty She represented everyone m the CIty There was a need not to blur the lInes for the communIty Vm HIldenbrand stated that the CouncIl represented everyone III the CIty They should not use the tIme m the CIVIC Center or durmg City CouncIl meetmgs to promote any other pohtIcal agenda They were there representmg DublIn and DublIn's best mterests Therefore, she felt It was appropnate to bnng thiS Issue forward It was Important to look at the CounCIl as a non-partisan body, not promotmg any type of polItIcal agenda Cm Scholz stated she agreed WIth Vrn HIldenbrand, but she had not seen that when she ran III the last CIty electIOn Councllmember had endorsed two of the CounCIl candidates and those two candidates mentIOned the endorsements III speeches and flyers In regard to thIs Item, she had a concern wIth the conduct Issue and the artIculatIOn which was not seen m the same mstance that she was cltmg ThIS was a free country and they needed less rules and less laws Wlthm that freedom was good Judgment As for wearmg a pm that endorsed a particular candidate, she agreed that when she was m CIty Hall, she would not wear It Care needed to be taken when enactmg laws such as those they were lookmg at tOnIght She was advocatmg neutralIty at events where one was representmg the CIty DUBLIN CJI1I'Y COlUNCliL MINUTES VOLUME 26 REG UlLAR MEE 1I'JING ]llIECEMBER og, 2007 PAGE 5m~ I IDIRAJFl' Vm Hildenbrand stated that she had heard from prevIOUS Counctlmembers that agreed that polItlcal badges dId not belong at a CouncIl of a non-partIsan body The weanng of other pms was dIfferent Endorsements were the Issue She dId not recall anyone on the CIty CouncIl gettmg on the dais and supportmg a candIdate dunng a CouncIl meetmg Cm Sbrantl stated that he also belIeved the CouncIl needed to be careful You dId not want to lImIt peoples' freedoms What they were dlscussmg was pretty narrow, CIty tlme m a CIty bUIldmg or m an officIal role representmg the CIty At other tImes, they could support candIdates Mayor Lockhart stated they had the fIght to wear any button when they were not slttmg at the daIS representmg the CItIzens of the City at a Council meetmg She supported someone for the electIOn, but she would not mentIOn It at the daiS She supported one's nght to free speech and fIght to support anyone they wanted em Scholz stated she understood what they were saymg but she dId not feel that they should have to put It mto law or rule She would extend It as far as endorsements, also She would choose not to endorse anyone Cm SbrantI stated that outSide of CIty tIme, he could endorse, someone If he chose He mamtamed that fIght He felt endorsmg was separate from the Issue they were dlscussmg tomght Cm Oravetz stated that Cm Scholz had worn a preSIdentIal candIdate button to a CouncIl meetmg and that was how thIS Issue started But to force thIS rule on the CouncIl, was a dIfferent Issue It was a first amendment fIght He had a fIght to say or wear what he wanted He suggested a gentleman's agreement among the five CouncIlmembers He stated he would fight for Cm Scholz's nght to wear that button, If she so chooses He would prefer not to put a rule mto effect Vm HIldenbrand stated she would prefer to have a rule and put mto the CounCIl procedures These rules could be placed m the CouncIl onentatIOn packet If they were not already DUBLlIN CJIl'Y COUNCIlL MlINU1fIES VOlLlUME 26 REGULAR MEE'flING DECEMBER 4, 2007 PAGE 509 ]J))JRAJF1r Mayor Lockhart stated a new CouncIl could change the rules or procedures at anytIme They could get put the Issue on an agenda and would need three votes It was not as big an Issue as they were talkmg tomght Vm HIldenbrand made a motIon that the CouncIl amend the rules for the conduct of rneetmgs of the CIty CouncIl to prohIbIt polItIcal actIVItIes by CouncIlmember dunng CouncIl meetmgs She asked If they could mclude workmg hours m the motIon AssIstant CIty Attorney Bakker stated that Staffwas planmng to brmg back an amendment to the CounCIl rules governmg CIty CouncIl meetmgs That amendment would have only applIed dunng CouncIl rneetmgs W orkmg hours mIght be dIfferent than at CouncIl meetmgs Staff would have to prepare a dIfferent amendment If CouncIl wanted to mclude workmg hours What was understood at the last meetmg was to pertam to Councllmembers at CouncIl meetmgs State law allowed you to go beyond that If the CouncIl wIshed CIty Manager Ambrose stated that was an Important dlstmctlOn TechnICally, outSIde of the daiS, they were not Council They were mdIvIdual Councllmembers and unless the CouncIl delegated authonty to them to act m an offiCIal capacity to represent the CIty, then theIr role was different The CIty CouncIl and Staff dIscussed meetmgs CouncIlmemhers attended as offiCIal representatIve of the CIty, or voted m an offiCIal capaCIty and whether to mclude these mstances In the rule CIty Manager Ambrose clanfied that what the Council was speakmg of was CouncIl meetmgs, on City property, and actmg m the offiCial capaCIty of the CounCil The CIty CouncIl agreed The City CouncIl and Staff clarIfied that attendance at a league meetmg dUTIng the program, they would be subject to the rule, but not m the evemng after the program, when the CouncIlmember had the offiCIal capaCIty to represent the commumty, as when votmg m an offiCial capacity Also, City premIses meant at the CIVIC Center and III a place where the CouncIlmemher would be servmg III an offiCial capaCIty DUBlLlIN CITY COlUNCJIlL MJINU'fES VOILlUME 26 lRJEGlUILAR MEETING DECEMBER og, 2007 PAGE 510 JI))lRAJF1r Cm Scholz stated It was very complIcated City Manager Ambrose reIterated for clarIficatIOn that thIS rule would apply to was actmg m an offiCIal capacIty, the CounCIl had authorIzed a member to go somewhere and to act, CIty CounCIl meetmgs and the premises of the CIVIC Center The CIty CouncIl dIrected Staff to return wIth a resolutIOn regardmg the rule as dIscussed 01I'IHIER BUSlINESS Janef INFORMA TION ONL Y reports from COlllID.cIl and/or Staff, mcludmg Committee Reports and Reports by Coumcd related to meetmgs attended at City expense (AlB 12341) 10 05 P m Cm Scholz stated she attended her first DublIn tree lIghtmg There was a bIg crowd and It was wonderful She had also attended the City'S Employee RecogmtlOn DInner It was an outstandmg event She was Impressed With the honors and servIces CIty Staff rendered Cm SbrantI stated that he also attended the Employee RecogmtIOn DInner He commented favorably on the CIty mVltmg part-tIme employees to the dinner He attended the Dublm Pnde Integnty m ActIOn meetmg They were workmg on mvolvmg the busmess communIty and the Chamber Mayor Lockhart also enjoyed two tree hghtmgs, the CIty'S and the LIghts of the Valley She had also attended the Employee RecogmtIOn Dmner ~<'> DUBILlIN C][']I'Y COlUNClIL MlINlU1I'ES VOILUME 26 REGUlLAR MEE'fING DECEMBElR 4,2007 PAGE 511 ID:RAJF1r AID>.TOlURNMEN'f 10 I There bemg no further busmess to come before the CouncIl, the meetmg was adjourned at 10 07 p m m memory of our fallen soldters Mmutes prepared by CarolIne Soto, Deputy CIty Clerk Mayor ATTEST Deputy City Clerk ~ DUBLlIN CJIl'Y COUNCJIIL MINUTES VOLUME 26 REGUILAR MEE 1I'lING IOlECEMBIER 4]., 2007 lP'AGE 512