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HomeMy WebLinkAbout12-04-2007 Adopted CC Min lill1lNUJI'1I1ES (Q)W m~ em C(Q)1UJNCITIl (Q)W mm. cIrII1f ~ lDJUffi5ll.Jilllf ~(ffi llJILJ:tfR{ J~HK{K11ill1'<ai - IQ){KCC~Ji~HBHKW& ~ll ~(Q)(Q)7 CLOSEID 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 pill, by Mayor Lockhart <> ROILL CALIL PRESENT CouncIlmembers HIldenbrand, Oravetz, SbrantI and Scholzl and Mayor Lockhart ABSENT None <> lPLEIDGE Of AILLEGIANCE The pledge of allegiance to the flag was recIted by the CouncIl, Staff and those present <> The CIty CounCIl meetmg was recessed at 7 02 pm for the regular DublIn InformatIOn Jnc meetmg <> The City CouncIl meetmg was reconvened at 7 05 P rn WIth all Councllmembers present IDlUBLIN (]TY COUNCIIL MINUTES VOILUME 26 REGULAR 1\1lJEE1r:ITNG IDJEClEMBJER~, 2007 PAGE ~88 ORAL COMMUNICA1'IONS AlDlDomtmennt to Allamedla COlUmltv Mmunannto Abatemennt IDnstll"1ld 7 05 P ill 3 1 ( II 0- 30) CIty Manager RIChard Ambrose presented the Staff Report The CIty CouncIl considered the appoIntment of JIm Kohnen to a term on the Alameda County MosqUIto Abatement Dlstnct Board On motIon of Cm Oravetz, seconded by Cm Sbrantl and by unanImous vote, the CouncIl adopted RESOLlUTHJ>N NO 2H) - 07 MAJI(]ING AN AlPPOIN1'MEN1' 1'0 1'IHIlE AILAMlEIDA COUN1'Y MOSQID1'O ABA 'fJE MJE NT IDliS'fR:rrCl' BOARID OF TRUS'fEJES ----- <> KJrntrodlUllctnonn olf New JEmjplloyees Anngellnca SmntllD., Part- 'fnme IHIlUlmallll ResolUlrces Annanvst~ MalUllreenn O'Calllla2I1D.aIlll~ Adlmnmstratnve Andie 706 P ill 3 2 (700-10) AssIstant to the CIty Manager Juhe Carter mtroduced new Part-Tune Human Resources Analyst AngelIca SmIth Community Development DIrector Jen Ram Introduced new AdmInistratIve AIde Maureen O'Callaghan The CouncIl welcomed Ms Smith and Ms O'Callaghan to the CIty Staff <).--- IDlUBJLKN Clll'Y COUNCKL MliN1U'fJES VOLUME 26 RJEGUJLAR MElETIING IDJECEMBER~, 2007 PAGJE ~89 Punlbllnc Comments 7 09 p m 3 3 No comments were made by any member of the publIc at this time <> CONSENT CALENDAR 7 09 p m Items 4 I through 4 8 Vm Hildenbrand pulled Item 4 4 for discussIOn City Manager Ambrose pulled Item 45 for discussIOn On motIon of Cm SbrantI, seconded by Cm Oravetz and by unanimous vote, the CouncIl took the followmg actIOns Approved (4 1) Mmutes - None Adopted (4 2 450-30) ORIDllNANCE NO 2~ - 07 APPROVliNG A PD-lPLANNlED DEVJEILOlPMJEN'f REZONING TO AMEND 1fIHIJE AIDOP1fJED STAGE 1 IDlEVJELOlPMlEN'f PLAN ANID AIDOP1f A STAGE 2 DEV1ELOPMJENT PILAN FOR 'fIHIJE WKNIDSTAR lPROJJ1ECT (AlPN 941-1500-046-(1) lP' A 06-009 Adopted (4 3 610-20) ORIDliNANClE NO 25 - 07 AMIENDKNG CIHIAP'fER 2 ~O OF 'fIHIIE IDlUBLKN MUNKClllPAlL COIDE RJELA TliNG TO UNCLAIMEID PROPJERTY ANID> AIDIDliNG A DJElFliNIT[ON TO SEC'flION 1 04 020 OlF TlHIE IDUBLlIN MUNliCIP AIL COIDE IDUBLIN CI'fY COUNCIL MlINU'fJES VOLUMJE 26 RlEGlULAR MEE1rltNG IDJEClEMBlER ~, 2007 P AGlE 490 Received (46330-50) 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 In the amount of$1,184,188 19 <> Vm HIldenbrand pulled Item 44 (600-30) Artwork "Wmd, LIght, Shade = Tranquzhty" Art m the Parks-Blay 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 Heritage 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 falhng off On motIOn of Vm HIldenbrand, seconded by Cm Scholz and by unammous vote, the CouncIl accepted the artwork "Wznd, LIght, Shade = Tranquzhty" Art zn the Parks-Bray Commons Park <> CIty Manager Ambrose pulled Item 45 (700-20), ReVISIOns to the Personnel System and stated that the Item had been removed because there was a typographIcal error on the resolutIOn notzng the wrong pOSItIOn The Counct/ had been prOVIded a corrected copy On motIOn of Vm Hzldenbrand, seconded by Cm Oravetz and by unanzmous vote, the Counczl adopted RESOLUTION NO 211 - 07 AMENDING THE CLASSIFICATION PLAN IDUBLKN CliTY COUNCITL MINUTlES VOLUME 26 RlEGULAR MEJETllNG IDlECJEMlBER 4l, 2007 P AGJE ~911 RESOLUTION NO 212 - 07 AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION RESOLUTION NO 213 - 07 AMENDING THE SALARY PLAN - FULL-TIME as amended, to correct posltzon to read "Pubhc Works Manager" --- <> WRllTTIEN COMM1UNICA'fKONS - None ----- <> lPUBLIC lHIEARllNGS lIJrnstallllatnoIl1l oj[ S'fOP Sn2ImS OIl1l Creelkvuew IDrnve at MavmoIl1lt L~llIl1le (Nortlln) 7 12 P m 6 1 (590-40) Mayor Lockhart opened the publIc heanng 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 Vrn 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 IDUJIaLIN CliTY COUJNClIL MliN1UTJES VOLUME 26 RJEGUJLAR MEETING D1ECEMIBJER ~, 2007 PAGE ~92 Mayor Lockhart closed the publIc heanng On motIon of Vm HIldenbrand, seconded by Cm SbrantI and by unammous vote, the CouncIl adopted RJESOLU'fION NO 2Jl~ - 07 APPROVAL OF S'fOlP SliGNS ON CREJEIKVREW IDRfV1E AT liNTJEJRSEC'fKON OlF MAYMON'f LANE (NORTIHI) and to mclude truncated domes and crosswalk markmgs as outlIned m the Staff Report 0- NuzllD.ttnme StO!PIllllll'lle: RestIrudumll onn MaDe Way 7 23 P m 62 (590-20) Mayor Lockhart opened the publIc hearmg Traffic Engmeer JaImee 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 of Mape Way Cm SbrantI asked Staff If the after hour events mentIOned by Traffic Engmeer BourgeOIS were the cause of the parkmg VIOlatIOns or people m 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 mformatlOn on activIties In Mape Park such as partIes, lIttermg and actIvltles that necessitated callIng the PolIce He belIeved the "No Parkmg,j signs would be helpful to curb such actIvity He was In favor of the Council adoptmg the request IDUBlLliN CI'fY COUNCliL MINU'fES VOLUME 26 REGUlLAR MEE'fING DECEMBER 41, 2007 P AGJE ~93 Cm Sbrantl asked If there were any simIlar restnctlOns 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 III 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 heanng On motion of em SbrantI, seconded by Vm Hildenbrand and by unammous vote, the CounCil adopted R!ESOLU'fION NO 215 - 07 AJPPJROV AL Of NO STOPPING ZONE ON MAPJE WAY IDUR:rrNG SlPECIFI1ED NKGIHIT IHIOlUR.S and If disturbances contmued, and upon the request of a reSident, a follow up study would be conducted In SIX months to mvestIgate the feasibIlIty of expandmg the restriction to the south side ofMape Way - ---<).-- P A O~-016 IF'aBllonn Cll"ossmg SUllbmnrtedl by StanndlanlllPacnfic JH[omes 11:0 COJrnsn(l\ell" a PD Rezommu! anndl Rella1l:edl Sta1!e 2 IDevenolDmellllt PBallll 11'011" n06 Resndlenn1tnall Lo1ts 7 34 pm 63 (620-20/600-60) Mayor Lockhart opened the publIc hearmg DUJBLIN CK'fY COUNClllL M]NlU'fES VOLUME 26 RIH:GlULAlR MEETING DJECJEMBER~, 2007 lP' AGE 0419~ Planmng Consultant MIke Porto presented the Staff Report and advised that the 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 smgle-famIly residentIal dwellIng umts (which would mclude 4 duplex bUIldmgs [8 umts total] that would be used to comply wIth the JnclusIOnary Housmg Ordmance) and open space land uses consIstent WIth the Eastern Dublm 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 plantmg and mamtammg the vmeyard Planmng Consultant Porto stated that the applIcant would be plantmg the vmeyard and the homeowners aSSOCIatIOn (HOA) would mamtam It Cm SbrantI asked m regard to the one-acre park WhICh would be mamtamed by the HOA, was the City bUIldmg the park or glvmg any gUidance or would It be completely developer bUilt and HOA mamtamed? Planmng Consultant Porto stated It would be completely developer-bUIlt and HOA mamtamed Cm Oravetz asked Staffwhy the City did not take credit for the park and mamtam It? City Manager Ambrose stated the park did not meet the mmlmum 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 contrIbutmg 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 Homesj stated thIS was a completely dIfferent site plan based on CIty CouncIl comments Dl[JBLllN C[TY COUNCKL MINUTES VO lLlUMJE 26 mEGlULAR MEJETING IDJECEMBER~, 2007 PAGE 495 Mayor Lockhart stated she lIked the plan It brought new dImensIOn, a new look and Idea to the commumty for a neighborhood that would brIng 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 umt come mto the City, m regard to the duets They were dIfferent She would lIke 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 decoratI 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 Cm 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 Plannmg CommissIOn 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 Planmng Consultant Porto stated that there was a sIgmficant 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 lITIgated landscape After lookmg at umque alternatives to fill the space, thiS was the developer's response to thIS Issue IDOOK-JrN Cll'fY COUNCilL MllNlU'flES VOLUME 26 REGULAR MEE'fllWG DECEMBER ~, 2007 PAGE 4196 The Mayor stated the future homeowners would know the costs of the HOA before they moved In and would understand to what they were commIttIng No testImony was received by any member of the pubhc relative to this Issue Jason Hadnot, DIrector of Plannmg at Standard Specific Homesj stated he had addressed the HOA Issue at the Plannmg CommiSSIOn and related 1t to a sImIlar project they had completed In 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 OrdInance apprOVIng a PD rezonmg and related Stage 2 Development Plan -0 AlPlProvnnng tllD.e Formatnonn olf tllD.e Fallllonn Vnllllage Geollognc IHIa71ardl Albatemennt Dnstrnct (GJH[AID) aJrndl AJl)Jl)onnntnnni! the Cnltv COlUlnncnll as the Boardl olf IDnredors olf the GIHIAID 8 00 P ill 64 (360-60) Mayor Lockhart opened the publIc hearmg 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 hearIng was set for the CouncIl to conSIder formatIOn of the Fallon VIllage GeologIc Hazard Abatement DIStrICt ThiS hearIng would allow formatIOn of the GHAD and establIsh the City Council as the Board of DIrectors of the GHAD IDUBLliN CI'fY COUNCIL MINUTIES VOLUME 26 RlEGULAR MJEE'fING ID1ECEMBJER~, 2007 PAGE ~97 em 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 Jfthere was a vote resulted III favor of establIshmg the GHAD, the assessment would be levied m August of 2008 and the assessment would go on the 2008-2009 tax rolls The assessment would only be leVied agaInst 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 GHAD, vote the assessment down But they were conditIoned, m order to file a final map for the property, that they must have the GHAD m place Jeff Lawrence, Braddock and Logan, stated they viewed thIS as a benefit for the project The Council had been dlscussmg 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 GHAD Mayor Lockhart closed the publIc heanng Cm Oravetz asked the CouncIl If they wanted to get mto the busmess of runmng a GHAD Cm SbrantI stated he had asked the same questIOn about a year ago But IllItIally 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 Sbrantl asked what was the standard practice In other JunsdICtlOns? Were other CouncIls Involved m thiS manner? DUBlLliN CI'fY COUNCKL MINU'fES VOLlUME 26 REGULAR MEETING IDJE<CEMBER ~, 2007 PAGE 498 PublIc Works DIrector Morton stated the trend was to have Councils or Supervisors act as the GRAD 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 CouncIlmember 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 GHAD would be run by the developer Once the GHAD was taken over by the GRAD 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 SbrantI and by unanimous vote, the CounCil adopted RESOLUTION NO 216 - 07 APPJROVING 'fIHIE 18' 0 RMA'f ION Of TIHIE FALLON VliLLAGJE GEOLOGKC IHIAZARID ABA'fEMJENT DIS'fRliCT AN]!)) AlPPOliNTKNG 'fIHIlE IDUBLIN CITY COUNCIL AS 'fIHIJE BOARID OF DIREC'fORS <> IDUBLIN CITY COUNCIL MINU'fES VOlLUME 26 RlEGULAJR MJEE'fING IDECEMBJER ~, 2007 lPAGE ~99 UNJFINTISIHIlElDl BUSliNlESS Brarllrlloclk & Logall1l Alflforrllalblle IHIounsmg Projposall to Arllrllress lTll1IcllUllsuoll1lary ZOlITlmg Re2"Ulllla1l:uoll1ls lfoIr 1l:lIne Amj[ersoll1l JPIrOlDerltv 8 21 pm 7 I (600-30/430-80) Semor Planner Jeff Baker presented the Staff Report and advised that the City CouncIl 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 ofVm Hildenbrand, seconded by Cm Scholz and by unammous 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 <> ITlmlforma1l:aonnaD RelPor1l: Olm SanJlllerstores 8 31 pm 72 (420-20) Semor Planner Mamie NuccIO presented the Staff Report that was an mformatIonal report to the City CouncIl on the City ofDublm's exposure to potential Superstore development IDUBLliN ClI'fY COUNCllIL M1rNU'fES VOLUME 26 REGUILAR MEE'fING IDECEMBER~, 2007 PAGE 500 Cm SbrantI stated that at a prevIOus Council meetmg, the Council had asked about the Burlmgton Coat Factory bUildIng Could It accommodate a superstore? City Manager Ambrose stated that the site could not accommodate a superstore footprInt Staff had looked at areas wIth development possibilitIes, 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 bUlldmgs wIth two tenants Did Staff know the square footage of those two bUIldmgs? EconomIc Development Director ChriS 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 approprIate tIme to make a determmatlOn 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 InapproprIate at a partIcular locatIon, In WhICh case SDR would be an appropnate mechanism to prevent that development from comIng m The City would have to look at facts at that specIfic SIte m order to make that determmatlOn If the Council wanted to ban superstores as a general matter, they could adopt a superstore ordInance In 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 vanous development agreements, mcludIng the master development agreement WIth certaIn vested nghts They might not be subject to an ordInance agaInst superstores because of those vested rIghts Site development review was probably not the appropnate mechanIsm for rejectIng a superstore unless there were site constramts assocIated WIth It em Oravetz stated that If, hypothetically, regardIng 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 beIng what It was m the area IDUBLIN C]['f1{ COUNCIL MiNU'fES VOLUME 26 RJEGULAR MJEE'fING ID1ECEMBER 4, 2007 PAGE SOli 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 DublIn Specific Plan, and that specific plan IdentIfied certam square footages and traffic Impacts assocIated WIth those square footages for the entIre Eastern DublIn Planmng areaj so whether or not you have three stores that total 175jOOO 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, lIke Fallon CrossIngs tomght, those homes were evaluated m 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 eXlstmg 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 III terms of economIC development III the area The City could better use that amount of land III 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 DublIn It was fair to property owners before they came With a plan, to let them know about the City'S ban, Ifadopted Vm Hildenbrand concurred With Cm Sbrantl Mayor Lockhart stated It was better to be upfront With the development commumty rather than fight the battle after Cm Oravetz stated he was agamst the ban A super Target was not the worse thmg m the world If It was III the nght spot A super car dealership was a great way to get revenue The City'S plannmg process was a gUide on what type of busmess came mto the City He did not support the ban DUBLIN CK'fY COUJNClIL MINU'fES VOLUME 26 RJEGULAR MJEE'fING IDEClEMBlER 4, 2007 lP AGJE 502 Cm Scholz stated she had concerns regardmg a gIant store In DublIn She lIked the concepts of the "Mom and Pop" store She supported what Cm SbrantI was advocatIng Mayor Lockhart asked In 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 certaIn square footage that also contaIned a certam amount of square footage devoted to non-taxable sales A typical Walmart or Target would contaIn mostly taxable sales But superstores also contaIned a meat department and typical grocenes so they were both a Walmart or Target and grocery store combmed That was the distInctIOn 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 bUildIng Prom a deSIgn standpomt and from the standpOInt of reuse, you ran mto dIfficult Issues The Livermore ban and ItS square footage would preclude the City'S own downtown Target Cm SbrantI stated the CIty needed to adopt an ordInance that would not hurt any of the CIty'S eXIstIng bUSIness City Manager Ambrose stated Staff looked at the eXlstmg superstores and that was how they determIned acreage and square footages m the Staff Report Cm 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 Cm Oravetz stated the City was solVIng 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 IDlUBLIN CITY COUNCIL MIlNU'fES VOLUME 26 :REGULAR MlEE'fKNG DECEMBER 41, 2007 lP AGJE 503 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 of6-12% At 140,000 square feet, 10% 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 <> RECJESS 9 01 pm Mayor Lockhart called for a bnef recess CouncIlmembers present at 907 p m The meetmg reconvened with all --- <). --- NEW BlUSKNJESS Recnunest to Permnt Rerrntan oj[ Bellow Market IRate For-Salle Urrnnts OIIJl tlhe Basns oj[ IHI a r<ll s!ln nIP 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 (Bl\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 elsewherej or there was an Illnessj It would be a DUBILIN CI'fY COUNCllL MINUTES VOLUME 26 IREGULAR MEE'fITNG DECEMBEIR~, 2007 P AGJE 504 hardship The CIty could gIve a resident one year to rent the umt, staYIng wIthIn the same below market rate gUIdelInes 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 brIng back a rental polIcy for the below market rate umts that Included a rental range In the below market rate and a maximum of one year for specIfic reasons such as health or Job transfer <> - - IHIoDllllewoIrIk IHIUlllb Prof!Iram Pall"tIlD.ell"sllulP wntllD. Sellnooll Dnstll"llct 9 15 pill 82 (515-20) Parks and Commumty ServIces Manager Paul McCreary presented the Staff Report and adVised that Staff had been approached by the DublIn Umfied School DIstrict SuperIntendent about creatIng a partnership to offer a homework assistance program after school at the elementary school level City Staff adVised that they met WIth the School DIstnct to develop a pilot program plan for Dougherty and DublIn Elementary Schools Vm Hildenbrand stated that some familIes had children at different schools In Dublm Could students from other schools attend these programs? Parks and Commumty Services Manager McCreary stated the programs would be open to all Dublm 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? IDlUBLIN CK'fY COUNCIL MINU'fES VOJLUME 26 REGULAR MEE'fING DECEMBER 4, 2007 lP AGJE 505 Parks and Commumty Services Manager McCreary stated that a similar program was now offered at middle schools and the Supermtendent and Pnnclpals 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 In revenue Those were direct expenses There was some overhead that still needed to be recovered V m 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 In helpmg start homework clubs Because of certam circumstances, the School DiStrict took It back and this was how this program was started Cm SbrantI 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 unanimous vote, the City CouncIl approved the proposed program plan and adopted the budget change <> 2008-2009 Goalls &, Obuectnves a1lllrll BlUlrlle:et lProcess 924 P m 83 (l00-80) City Manager Ambrose presented the Staff Report and adVised that the City Council would conSider 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 6 00 pm, for meetmgs assocIated WIth the 2008-2009 Goals and ObjectIves 0.- IDUBJL][N CTITY COUNC][L M:rr:NlUTES VOLUMJE 26 R]EGULAR MEETING DECEMBER~, 2007 JP> AGJE 506 Report onn tllne Coltlltrad for SeJI"Vnces betweeltll tllD.e Allamerlla COUJlItll.ty lFIlIl"e IDepartmeltllt allllrll tllne LawIrennce Lnvermore Natnollllall Seclillrnltv9 LLC 927 p m 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 m 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 m the CIty He looked forward to workmg WIth the City The City Council received the report <> Connsndleratnonn oj[ aJrn Amennrllmrnennt to [line Runlles lfor tllne ConnrllUlld olf ComIllcnll Meehnngs [0 Prollnnltnt Pollntncall Actnvntnes at Cnltv Comncnll Meetnnne:s 9 34 pm 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 dunng workmg hours, and would prohibit or restrict polItIcal actIVIties on the premises of the City em SbrantI asked If these rules were not already m effect, as m the School Dlstnct EducatIOn Code ASSIstant CIty Attorney Bakker stated that no, these rules were not In place at the City for CouncIlmember but there was such a Personnel Policy that applied to City employees m place IDlUBLIN CITY COUNCI[JL MllNUJl'ES VOLUME 26 RJEG ULAR MEJE TING DECEMBER~, 2007 PAGlE 507 City Manager Ambrose stated City employees had to refram from polItical activity as provided for In State law and federal law on CIty property and on City time AssIstant City Attorney Bakker clanfied that there was a dIstmctlOD between usmg City facIlIties for electlOneenng, campalgmng, or polItIcal actIvItIes and that was different from what was bemg dIscussed m thiS rule If you were to use the City'S emall system for the same uses, you would be usmg publIc momes to engage III those kmds of activItIes and that was prohibited by State law Cm Oravetz asked If the CouncIlmembers 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 lmes for the commumty Vm HIldenbrand stated that the Council represented everyone m the City They should not use the time m the CIVIC Center or dunng CIty CouncIl meetmgs to promote any other polItICal agenda They were there representmg DublIn and DublIn's best mterests Therefore, she felt It was appropnate to brmg thiS Issue forward It was Important to look at the CounCil as a non-partIsan body, not promotmg any type ofpohtlCal agenda Cm Scholz stated she agreed WIth Vm HIldenbrand, but she had not seen that when she ran m the last City electIOn CouncIlmember 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 Hallj she would not wear It Care needed to be taken when enactmg laws such as those they were lookmg at tomght She was advocatmg neutralIty at events where one was representmg the City DUBLIN CI'fY COUNCllL MINUTES VOLUME 26 RlEGUlLAR MEIETITNG DIECEMBER~, 2007 PAGE 50g Vm HIldenbrand stated that she had heard from prevIOus CouncIlmembers that agreed that polItICal 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 durmg a Council meetmg Cm SbrantI 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 time m a City bUIldmg or In an official role representmg the CIty At other times, they could support candIdates Mayor Lockhart stated they had the nght 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 fight to free speech and nght to support anyone they wanted Cm 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 nght 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 nght 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 onentatlOn packet If they were not already IDUBLliN C][TY COlUNCIL M][NlJ'JlES VOLUME 26 R]EGULAR MEETITNG IDIECEMBJER~, 200, PAGIE 509 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 talkIng tomght Vm HIldenbrand made a motIon that the Council amend the rules for the conduct of meetIngs of the City CouncIl to prohibit polItIcal activities by CouncIlmember dunng Council meetmgs She asked If they could mclude workIng hours In the motion ASSistant City Attorney Bakker stated that Staff was plannmg to brIng back an amendment to the CounCil rules governmg City Council meetmgs That amendment would have only applIed durIng Council meetmgs W orkmg hours might be different than at CouncIl meetmgs Staff would have to prepare a different amendment If Council wanted to Include workmg hours What was understood at the last meetmg was to pertam to CouncIlmembers at CounCil meetmgs State law allowed you to go beyond that If the CouncIl Wished City Manager Ambrose stated that was an Important distInctIOn Techmcally, outSIde of the daIS, they were not CouncIl They were IndiVidual CouncIlmembers and unless the CouncIl delegated authOrIty to them to act m an offiCial capaCity to represent the CIty, then their role was dIfferent The City CouncIl and Staff discussed meetIngs CouncIlmembers attended as offiCial representative of the CIty, or voted III an offiCial capacity and whether to mclude these Instances m the rule City Manager Ambrose clarIfied 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 clanfied that attendance at a league meetmg durmg the program, they would be subject to the rule, but not m the evemng after the programj when the CouncIlmember had the offiCial capacity to represent the commumty, as when votIng m an offiCial capacity Also, City premIses meant at the CIVIC Center and III a place where the Councllmember would be servmg m an offiCIal capaCity IDl1UBLliN CI'fY COUNCKL MKNlUl'lES VOLlUME 26 RJEGlULAR MEJE TliNG IDECEMBER ~, 2007 PAGE 5JlO Cm Scholz stated It was very complIcated CIty Manager Ambrose reIterated for clanficahon that this rule would apply to was actmg m an official capacity, the CouncIl had authonzed 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 Ol'HER BUSINESS Brief INFORMATION ONLY reports from CounncIl and/or Staff, mcludmg Committee Repoll1s and Reports by COUllmcnl renated! to meet-lOgs attenu.lled 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 CltylS Employee RecogmtIOn Dmner 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 Dmner He commented favorably on the City mVItmg part-tIme employees to the dInner He attended the DublIn Pnde Integnty III ActIon meetmg They were workIng on InvolVIng the busmess commumty and the Chamber Mayor Lockhart also enjoyed two tree lIghtmgs, the CIty'S and the Lights of the Valley She had also attended the Employee RecogmtIOn Dinner --- ---- <> IDUBLIN CKl'Y COUNCIL MKNU'fES VOLUME 26 REG lUlLAR MEE'f][N G DECEMBER 4, 2007 lPAGE 5]]J. AIDJTO URNM IE NT 10 1 There bemg no further busmess to come before the Council, the meetmg was adjourned at 10 07 P m m memory of our fallen soldIers Mmutes prepared by CarolIne Soto, Deputy City Clerk ATTEST tiM! tv Deputy City Clerk ~ IDOOLKN CI'fY COUNCIL MINUTES VOLUME 26 REG ULAR MEE'fIN G DECEMBER ~, 2007 lP AGE 512