Loading...
HomeMy WebLinkAbout4.01 Draft CC 03-04-2008 Min DRAFT 'tfJ7--1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - March 4. 2008 A regular meeting of the Dublin City Council was held on Tuesday, March 4, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 12 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart. ABSENT: None . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . ORAL COMMUNICATIONS Proclamation - March 2008. American Red Cross Month (610-50) 7:18 p.m. 3.1 (610-50) Mayor Lockhart read a proclamation for the American Red Cross, proclaiming March 2008, American Red Cross Month. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 r I DRAFT 71; ~7 Acceptance of Gift from Alameda County Fire Department 7:13 p.m. 3.2 (150-70) Fire Chief Sheldon Gilbert presented the Staff Report and advised that the City Council would consider the acceptance of two automated external defibrillators (AED) units from the Alameda County Fire Department (ACFD). On motion of Cm. Scholz, seconded by Cm. Hildenbrand and by unanimous vote, the Council accepted the gift and directed Staff to prepare a formal acknowledgement to the ACFD. . Public Comments 7:15 p.m. 3.3 John T. Collins, Dublin resident, stated in regard to suggestions for the Downtown Dublin project, to leave it alone. . CONSENT CALENDAR 7: 17 p.m. Items 4.1 through 4.15 On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of February 2, 2008 Special Joint Meeting; Approved (4.2 450-20) Alameda County Fair's request to display promotional banners on 12 selected light poles in Dublin from May 23, 2008 to July 7, 2008 at the proposed locations, approved the banner design, and authorized the City Manager to approve similar requests from the Alameda County Agricultural Association in subsequent years; DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT Sf{) 21 Authorized (4.3 600-35) Staff to solicit bids for Contract No. 08-01, San Ramon Road Wooden Soundwall Repair and Painting. Adopted (4.4 600-60/590-40) RESOLUTION NO. 27 - 08 APPROVING ACCEPTANCE OF THE QUARRY LANE SCHOOL OFFSITE TASSAJARA ROAD IMPROVEMENTS AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.5 360-20) RESOLUTION NO. 28 - 08 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Adopted (4.6 360-20) RESOLUTION NO. 29 - 08 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 83-2 Adopted (4.7 360-20) RESOLUTION NO. 30 - 08 DIRECTING PREPARATION OF ANNUAL REPORT FOR CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES AT WILLOW CREEK) DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 l\" Of DU~ 1/~~:&~~~\l 19~~1J]. ,~, f}ulfOR~~ DRAFT 4b~1 Adopted (4.8 360-20) RESOLUTION NO. 31 - 08 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 Adopted (4.9 360-20) RESOLUTION NO. 32 - 08 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1, DUBLIN RANCH AND TRACT 7067 Adopted (4.10 660-60) ORDINANCE NO. 09 - 08 ADDING CHAPTER 3.22 TO THE DUBLIN MUNICIPAL CODE, RELATING TO REGULATIONS FOR THE PROVISION OF VIDEO SERVICE BY STATE FRANCHISE HOLDERS and RESOLUTION NO. 33 - 08 ADOPTING A SCHEDULE OF PENALTIES FOR THE MATERIAL BREACH BY THE HOLDER OF A STATE FRANCHISE OF SERVICE STANDARDS AND OTHER STANDARDS SPECIFIED IN PUBLIC UTILITIES CODE SECTION 5900 Adopted (4.11 540-50) RESOLUTION NO. 34 - 08 DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT 5 rt>7, 7 and directed Staff to notify the public of the adoption of this Resolution; and scheduled a public hearing for the April 15, 2008, City Council meeting at which time the Council would hear and consider objections of this abatement order. Adopted (4.12 200-20) RESOLUTION NO. 35 - 08 APPROVING TERMINATION OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER Adopted (4.13 660-60) ORDINANCE NO. 10 - 08 AMENDING CHAPTER 4.12 OF THE DMC RELATING TO AUCTIONEERS AND SECONDHAND DEALERS Adopted (4.14 360-40) ORDINANCE NO. 11 - 08 AMENDING ORDINANCE NO. 06-07, WHICH MADE FINDINGS, ADOPTED A LOCAL DRAINAGE PLAN, AND CREATED THE DUBLIN RANCH EAST SIDE STORM DRAIN BENEFIT DISTRICT, A LOCAL BENEFIT DISTRICT TO LEVY AND COLLECT CHARGES, AS A CONDITION OF DEVELOPMENT, TO REIMBURSE DEVELOPERS WHO CONSTRUCT AND INSTALL DRAINAGE FACILITIES THAT BENEFIT PROPERTIES OTHER THAN THEIR OWN Approved (4.15 300-40) the Warrant Register in the amount of$I,091,050.77. . WRITTEN COMMUNICATIONS - None . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 ~ Of DUliA ~~~ 1Il~I~~\l 19~~1J]. ,~, qulfOR~~ DRAFT ~1J ~1 PUBLIC HEARINGS Public Hearing CEQA Addendum, General Plan Amendment, Eastern Dublin Specific Plan Amendment, PD-Planned Development Rezone with Stage 1 Development Plan Amendment and Stage 2 Development Plan for the 7-Acre Residential Portion of the Anderson Property Located at 3457 Croak Road 7:20 p.m. 6.1 (400-20/420-30/410-55/450-30) Mayor Lockhart opened the public hearing. Senior Planner Jeff Baker presented the Staff Report and advised that Braddock & Logan was requesting approval of a General Plan Amendment and Eastern Dublin Specific Plan Amendment to change the existing land use designation from Medium Density to Medium-High Density, and a PD-Planned Development rezone with a Stage 1 Development Plan Amendment and Stage 2 Development Plan to allow a 108-unit apartment project consisting of 78 affordable units to satisfy a portion of the Inclusionary Zoning obligation for the Positano development, 10 affordable units to satisfy the Inclusionary Zoning obligation for the Anderson property, 19 market rate units and one manager's unit. Vm. Sbranti asked if in regard to the Positano project, they were talking about 1,043 single- family detached homes at market rate. Did the 78 units they were discussing on the Anderson property meet the affordability requirement for Positano? Mr. Baker stated it would meet a portion of the Positano requirement. They had an additional requirement of 26 secondary units and 26 detached homes. Vm. Sbranti asked for clarification regarding the 10 unit requirement. Mr. Baker stated Braddock and Logan was proposing an exception to the City's standard Inclusionary ordinance which was the 78 offsite affordable units on Anderson. With that proposal they would provide affordable units for those 78 affordable units. So they were proposing 12-1/2% of affordable units based on the 78, which equaled 10 units. They were providing affordable units based on the affordable units. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT \1J~1 City Manager Ambrose stated that was similar to what the Council had done on the Fairway Ranch project. Cm. Oravetz stated the Planning Commission recommended the City go from 19 market rate units to 25 units. Could the City go from 19 market rate units to 45 units instead of 25? Mr. Baker stated the way the Planning Commission had arrived at the 4 units was based on if you took a 108 unit project and had 78 affordable units, you would have 30 units left over, so that they took 12-1/2% of 30 units which would give you the 4. That was how they arrived at the 4 units that they were proposing. If the City wanted to go to 45 market rate units, it would have to increase the number of units on the project. Cm. Oravetz asked if the City could make another exception and go even higher. Mr. Baker stated if the Council made the findings, the Council could determine to do something other than what was currently proposed. Jeff Lawrence, of Braddock and Logan, thanked Staff for their work on the project. Braddock and Logan was satisfied with the SDR as it was being proposed. They had a 78 unit project. So they had 26, 26 and 78 units. That was the 130. That was' the 12-1/2% requirement for the Positano project. It was discussed that there were another 10 units, 12- 1/2% of the 78, and that was how they came up with the 10. That had been discussed with the Planning Commission. It was now up to the Council. Braddock and Logan would meet the affordable unit obligation based upon 12-1/2 % if they had 78 units of the affordable units offsite of Positano, plus the 26 units and 26 units, for a total of 130 to meet the affordable housing requirement for Positano. They would like to work with Staff to come up with ideas regarding how rents were to be calculated. Planning Commission Chair Bill Schaub stated the Commission felt it was meeting what the Council was expecting for affordable housing and also got the rock on the bottom which was a lot nicer than stucco. Mayor Lockhart closed the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT '6' 1J 1" 1 Mayor Lockhart stated because this project was going to be standing by itself for awhile, it was going to lead the way. People were going to look at that project and the standards of development around that project and they were going to come to the City wanting to emulate or do something similar. So it was important how it looked. Regarding the affordable issue, if the City did not learn while doing these projects, they were not doing their job. One thing the Council had learned was when you combined too large of an affordable population at one site you could have problems that you would not otherwise have if it were a little more mixed. Twenty-five percent market rate was a decent mix. She would not be comfortable in reducing the number of affordable units by another 25 units. There were a lot of people that still needed homes and two bedroom, two bath rental units were difficult to come by. This would meet the needs of a lot of people that worked in Dublin, did not make the highest income and would like to live here with their families. She was comfortable adjusting it by the six units. She would not be comfortable in adjusting it by an additional 25. Cm. Scholz stated she agreed with the proposed 25%. Cm. Oravetz stated that he was concerned about the City having too many affordable units. But then he saw in the report that the Planning Commission had increased it to 25. He was concerned because of the rentals at the Groves. Did the City want to go down that road again? He would support the 25. Cm. Hildenbrand stated she concurred with Cm. Oravetz. She originally thought the percentage might be higher than the 25%, but if that was where the Council felt comfortable, the Council needed to learn from its experiences. They would need to see if it balanced it out. She supported the Planning Commission's recommendation Vm. Sbranti stated the 78 affordable units on the Anderson property exceeded the must build obligation because they must build was the 7-1/2%. Here was a case where the developer was proposing 12-1/2%. The City did not just want to collect fees. They wanted units. Here they were being built at the actual threshold of 12-1/2%, yet there was an additional affordable obligation on top of that. In the future that might discourage other people from building units where they might just decide to pay fees. City Manager Ambrose stated that there were 108, 78 of those were satisfying the requirement where the developer could have spread those 78 units through his 1,043 units on site. So the Council said no, we would allow you to do it offsite, but we would like DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT f~t1 some market rate units included. What the Planning Commission was saying was you have 30 market rate units under your inclusionary obligation. Those 30 units were not satisfying the Positano project requirements. Those were an additional 30 units. Under the City's ordinance, with 20 units or more, the developer was required to comply with the City's inclusionary zoning ordinance. So that would be 12-1/2%, or 7-1/2%, plus 5% fees. That was how they had came up with the additional 4 inclusionary units. With the exception, it was what the Council wanted to call in terms of its interpretation of what satisfied the requirement. Also, the Community benefit payment was part of the mix, in terms of how the City looked at this. In the case of Fairway Ranch, Council looked at the entire project and said you needed to provide that affordable requirement, not just the 2,500 units that you were building throughout Dublin Ranch, but also the affordable requirement for this new project that you were building called Fairway Ranch. The Council just interpreted it differently. Not right or wrong, just different. Vm. Sbranti stated this might be something the Housing Committee, as it took up the Housing Element and looked at the Inclusionary Zoning ordinance, should look at. One reason those 30 market rate units were added, initially the City was looking at a project that was 100% affordable then the Council asked could you include some market rate units to have it be a mixed project. City Manager Ambrose stated the City's policy was very clear in the Inclusionary Zoning Ordinance. They might want to look at the Inclusionary Zoning Ordinance. This issue was only triggered when an applicant proposed and the Council indicated an interest in the 7-1/2% must build and the 5% fees. You would have to look at the Inclusionary Zoning Ordinance in its entirety. Vm. Sbranti stated when explained in that manner, the 25% looked fine. Cm. Oravetz asked if the Council wanted to increase it to 30 market rate units? Did the Council want that many more affordable units? The Council had done a great job. At what point did they slow it down a bit? Let us build more market rate units. He was just asking the Council to take a moment to consider 30 units. Mayor Lockhart stated she strongly advocated for 25 market units, because when the next applicant came along, the City would have a formula for what it had done. You would have to follow a fairness path for everyone. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT IODb~ 1 Vm. Sbranti stated Cm. Oravetz's larger point was something that could be looked at as part of the next Housing Element update and the re-examination of the Inclusionary Zoning Ordinance. Cm. Scholz stated the Council should proceed with the formula and go with 25 market rate units. On motion of Cm. Scholz, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 36 - 08 ADOPTING A CEQA ADDENDUM TO THE 1993 FINAL ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN, THE 2002 EAST DUBLIN PROPERTY OWNERS SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, AND THE 2005 FALLON VILLAGE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING RELATED STATEMENTS OF OVERRIDING CONSIDERATIONS and RESOLUTION NO. 37 - 08 APPROVING A GENERAL PLAN/EASTERN DUBLIN SPECIFIC PLAN AMENDMENT TO CHANGE THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN LAND USE DESIGNATION FOR THE 7-ACRE RESIDENTIAL PORTION OF THE ANDERSON PROPERTY TO MEDIUM-HIGH DENSITY RESIDENTIAL and waived the reading and introduced an Ordinance Approving a PD-Planned Development Rezone with an Amended Stage 1 Development Plan and a Stage 2 Development Plan for the 7-Acre Residential Portion of the Anderson Property; and directed Staff to develop an Affordable Housing agreement which would provide for 25 market rate units and the 78 units plus the four affordable units on that site. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 l\" Of DU~~ 1/~~:&~~~\l 19~~1J]. ,~, qulfOR~ DRAFT 'lVbl1 . Public Hearing Consideration of an Ordinance Amending and Restating Ordinance No. 12-02 Which Created Dublin Ranch West Side Storm Drain Benefit District (which includes the Western Portion of Dublin Ranch and Dublin Land Co. Property along Tassajara Road) to Reflect Actual Costs of Construction and Include an Interest Component in Accordance with the Subdivision Map 7:53 p.m. 6.2 (360-40) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that on July 16, 2002, Ordinance No. 12-02 was adopted as a means to require development within the same watershed to reimburse the developers of Dublin Ranch for the costs required to construct drainage improvements with additional capacity that benefited other property owners. Since the District was established, three developers had constructed all of the drainage facilities, which left only one property owner to satisfy the obligation originally contained in Ordinance No. 12-02. The City Council would consider adopting an ordinance to adjust the actual cost of the improvements and determine the methodology for calculating interest. Vm. Sbranti asked in regard to the Dublin Land Co., were there any fines or any other actions the City could take to get them to comply with their costs. Ms. Morton stated that the way the Map Act was worded the intent was that the additional capacity created in the stormdrain system, when in use, was compensable. While the Dublin Land Co. property was still empty, they were not using that additional benefit. Once the entitlement was granted for the site, then that additional benefit would come due. The three developers that had constructed storm drain improvements with additional capacity to accommodate the Dublin Land Co., would be compensated for creating that additional capacity in the system. Vm. Sbranti stated it still seemed they were building the system to accommodate someone else's future growth. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT (21Jl1 City Manager Ambrose stated there were very limited ways to handle the drainage otherwise. If the City did not require the capacity for the storm drainage for all the properties, then you would have them ripping up their own developments in order for Dublin Land Co. to build the additional capacity to handle their own storm drainage. This was a very typical, standard way to provide infrastructure and then developing benefit districts like this to reimburse those people who had the early benefit of developing. The same thing was done with roads. Improvements were oversized. There was a mechanism to collect fees to reimburse those developers that fronted those costs. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote, the Council waived the reading and introduced an Ordinance Amending and Restating Ordinance Making Findings, Adopting a Local Drainage Plan, and Creating the Dublin Ranch West Side Storm Drain Benefit District, a Local Benefit District to Levy and Collect Charges, as a Condition of Development, to Reimburse Developers who Construct and Install All Drainage Facilities that Benefit Properties Other than Their Own. . Public Hearing Urgency and Non-Urgency Ordinances Adding Chapter 5.90 to the Dublin Municipal Code Relating to ProhibitiD!! Knives and Concealed Weapons in City Council Chambers 7:59 p.m. 6.3 (660-60) City Attorney John Bakker presented the Staff Report and advised that this was the first reading of an urgency ordinance and subsequent non-urgency ordinance related to prohibiting knives and concealed weapons in the City Council Chambers as a result of events in the Council Chambers on February 5 and an incident in Kirkwood, Missouri a few days later. Staff also advised that the City Council had the authority to adopt a similar rule as to all public buildings and facilities prohibiting weapons. If the Council so directed, Staff could return with an ordinance that would apply the weapons ban more broadly to all public buildings. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT \~1Y1 Cm. Hildenbrand stated that as there were different cultures and religions in the City where carrying a knife was part of their way of life, would this prohibit some cultures from attending Council meetings. Mr. Bakker stated that the particular issue of a knife carried by some members of a religion was brought to their attention. Staff had determined that those knives were of such a length that they were already prohibited by State law. This ordinance would not be implicated by that issue. Mayor Lockhart opened the public hearing. John T. Collins, Dublin resident, stated his opposition to the proposed ordinance. Mayor Lockhart closed the public hearing. Cm. Oravetz stated he was in favor of the ordinance. The Council Chambers was not a place where people needed to carry weapons. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 12 - 08 URGENCY ORDINANCE ADDING CHAPTER 5.90 TO THE DUBLIN MUNICIPAL CODE RELATING TO KNIVES AND CONCEALED WEAPONS IN CITY COUNCIL CHAMBERS and waived the reading and introduced an Ordinance Adding Chapter 5.90 to the Dublin Municipal Code Relating to Knives and Concealed Firearms in City Council Chambers, and requested Staff return with an Ordinance that would include all public buildings in the City. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT I tf-6b21 UNFINISHED BUSINESS Establishing a Policy Prohibiting Tobacco Company Sponsorship of City Events and City Event Publications 8:10 p.m. 7.1 (560-90) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider the establishment of a City policy wherein the City of Dublin would neither solicit nor accept the sponsorship of City events, nor include advertising media within City event publications, from a tobacco company or tobacco-related entity. This would only apply to businesses or organizations whose primary business was related to tobacco products. On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 38 - 08 ESTABLISHING A POLICY PROHIBITING TOBACCO COMPANY SPONSORSHIP OF CITY EVENTS AND CITY EVENT PUBLICATIONS . NEW BUSINESS Fiscal Year (FY) 2007-08 Mid-Year Budget Review and December 2007 Monthly Report of Financial Activities 8:12 p.m. 8.1 (330-50) Administrative Services Director Paul Rankin presented the Staff Report and advised that Staff had prepared a detailed Mid- Year Budget Review to identify any material deviations from the adopted Fiscal Year 2007-08 Budget. The primary focus of the report was the General Fund, which accounted for the majority of City operations. Staff had identified proposed adjustments to Revenues and Expenditures. This item also provided the report of the financial statements for the month of December 2007. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT 156b 2-1 Vm. Sbranti asked if the amount for TV30 was going to be ongoing or was it a one-time carryover to get them through this fiscal year. Assistant City Manager Joni Pattillo stated the TV30 Board would convene for a Strategic Planning session in April for Fiscal Year 2008-2009. The consensus of the Board was to move forward but first they wanted to get the data sources and surveys, making sure that the management and financial audits were completed. In April there would be a review of revenues and balance of services requested by the community. The four Cities involved with TV30 did not want to continue with these additional contributions. The commitment to keep the station going during Fiscal Year 2007-2008 was there, taking into account the capital needs, as well. Vm. Sbranti asked if there was still a line item in the budget that was intended for the TV30 remodel. Mr. Rankin stated yes and $10,000 of it would be used as the City's contribution toward this equipment. Vm. Sbranti asked if the decision was made not to move forward with the remodel, would that free up that money in the Capital Budget for other Capital projects. City Manager Ambrose stated most of the money set aside for the TV30 remodel was General Fund money. Mayor Lockhart asked in regard to the fiscal emergency the State had declared and gas tax payments for the next several months being delayed, had Staff heard anything about using Proposition IB money until those payments were received. Mr. Rankin stated that in the City's case, there was enough cash flow to deal with the gas tax delay. Mayor Lockhart stated that the Proposition 1 B money would have to be put back anyway if used by the City for that purpose. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT ILtJ Db 7-1 Vm. Sbranti asked if in regard to the reduction of public impact facilities fees of $7 million, would this fiscal year's projects still go forward. What was the expected timeline to make up that revenue? City Manager Ambrose stated that permits needed to be pulled to receive that revenue. If development did not proceed, cash would not come in. With the current balance, there would be enough funds to do the work budgeted this year. The City would have to re-evaluate the work scheduled for subsequent year based on more current data as the City went through this fiscal year. Staff normally monitored these projections on an annual basis. Staffhad already monitored these projections three times this year. Mayor Lockhart stated the City had been in this situation before and what had to be done was scale down its capital improvement plan to the timing of the impact fees. Sometimes it slowed projects down, but then the City could catch up. On motion of Cm. Scholz, seconded by Cm. Oravetz and by unanimous vote, the City Council received the report and approved the Budget Changes. . Annual Audit Report for Fiscal Year 2006-2007 and Desienation of Fund Balances 8:33 p.m. 8.2 (310-30) Administrative Services Director Rankin presented the Staff Report and advised that the City of Dublin had compiled and published its Comprehensive Annual Financial Report (CAFR), for the fiscal year ending June 30, 2007. This report included financial statements prepared by Caporicci and Larson (C&L), the independent auditors selected by the City Council. Discussion of the allocation of $7.5 million in Surplus Funds was suggested, which would include presentation of Agenda Items 8.3 through 8.6. At this time, the Council moved to Item 8.3, as recommended At 10:58 p.m. after discussion of Items 8.3 through 8.6, discussion continued on this item as follows: City Manager Ambrose stated the City had $7.5 Million in projected 2006-2007 surplus funds to allocate. He recommended the continuation of the design portion of the Civic DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT Il~Z,1 Center at $1.2, the artificial turf at fields at Emerald Glen at $1.12 M, the Historic Park at $1.5 M, $1.5 M toward a future City Maintenance Facility, and $1 Million toward the Fire Personnel Retiree Medical. That obligation, to all involved entities was about $64M. If it was pre-funded, it was about half that amount. The City's share was between $4.5 - $7 Million. He recommended the Council authorize him to seek other funding sources for the Historic Park. The City Council and City Manager discussed in regard to the possible allocations, the Fire Personnel Retiree Medical could be pre-funded but did not know the exact amounts or if the other entities could also pre-fund. Both of those items needed to be determined; the cost and lack of land for the City Maintenance facility; and the possibility of getting grant funding for the Emergency Operations radios. On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council accepted the reports and determined the 2006-2007 year-end General Fund surplus should be designated as follows: $1.2 Million for Civic Center Design, $1.12 Million for Artificial Turf, $3.18 Million for the Historic Park Option C, $1.5 Million for the Maintenance Facility, and $.5 Million for Fire Personnel Retiree Medical and authorized the City Manager to seek other funding sources for the Historic Park Option C, Item 8.3 on the agenda. . Dublin Historic Park Master Plan Addendum - Kolb Ranch Relocations 8:39 p.m. 8.3 (295-10/920-30) Parks & Community Service Director Diane Lowart presented the Staff Report and advised the City Council would consider an addendum to the Dublin Historic Park Master Plan that outlined options for relocating structures from the Kolb Ranch to the Dublin Historic Park. Aditya Advani, Royston, Hanamoto, Alley and Abbey, and Frederick Knapp, Frederick Knapp Architecture, presented an overview of the findings of the Kolb Ranch buildings relocation, as detailed in attachments to the Staff Report. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT \ <6OU1-1 Ms. Lowart stated that in order to meet the Donation Agreement conditions, a decision needed to be made this evening, to meet a January 1,2009, moving deadline. Cm. Hildenbrand asked what was the view of the City of Pleasanton regarding moving the structures to Dublin. Mayor Lockhart stated because the buildings were not on Pleasanton's Historic Register, there should not be an issue with the move. Cm. Oravetz asked if the $209,000 was the amount to move the five structures. Ms. Lowart stated yes, that was the cost to move all five buildings. City Manager Ambrose stated that was the cost to move the buildings and moth ball them. They would have to be moved again. The site improvements needed to be completed to have a place to move the buildings. Vm. Sbranti asked if the City would be saving money by not having an interim park. Ms. Lowart stated Staff had taken that into consideration. At the end of Phase 1, there would still be an interim area of the park. City Manager Ambrose stated the best option was to incorporate the moving of the Kolb buildings into Phase I of the Park so the community has a finished park. It would be missing elements from the Master Plan, but they could be added as there was future funding, but the City would have a usa~le park. Mayor Lockhart asked if the City had looked at all options of funding other than just the Surplus Budget Category. City Manager Ambrose stated there might be other potential opportunities depending on the outcome of tonight's meeting. There was one development that had expressed some interest in providing assistance. He would negotiate once he knew what the park was going to look like. The other possibility was EBRPD was placing a bond Measure 8A. If the bond passed, it would provide the City with $2 million more in funding. Because it required voter approval, it was not something on which the City should definitely count. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT l ~ ~ 2-1 Mayor Lockhart suggested looking at the bare minimum for the park at this point and going from there. Cm. Hildenbrand stated she was in favor of Option C in the Staff Report which included moving the five structures to the Park. She did not want to eliminate the interactive fountain. She could support the proposal by the Heritage and Cultural Arts to eliminate the outdoor stage and the pastime pool, while looking for subsequent funding. Douglas Bright, Dublin resident, stated he was a graduate student that had been working with the Heritage Center. The building could be moved over now, with the postponement of some of the other features. He urged the City Council to approve the relocation of the buildings. Steve Lockhart, President of the Dublin Historical Preservation Association, asked if the $1.5 million saved on the purchase of the Dublin Shopping Center was figured into the project Park costs. City Manager Ambrose stated yes, that was included. The discussion was that it might not materialize if they further deterioration of revenues. Mr. Lockhart stated the Dublin Historical Preservation Association was excited about the plans. He hoped features would not have to be cut. There were many cities that had big glass buildings that showed artifacts but Dublin had living breathing buildings. Georgean V onheeder-Leopold, Dublin Heritage and Cultural Arts Commissioner, stated that when the idea first came up to move the buildings to the Park, the bottom line was that both Commissions did not want to cut any features of the Park out of the plan, but they could be completed later. The most important thing was to move the buildings now. Steven Jones, Parks and Community Services Commissioner, stated they wanted to get all the buildings over and get the other items later. He hoped all the buildings could be moved to the Park. The City Council discussed the future phasing of other features of the Park, but moving the Kolb buildings now. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT 2,Ol5b 2-1 Cm. Scholz asked if other City projects would be pushed out further if these buildings were now moved. Would funding be affected? Cm. Hildenbrand stated Fallon Sports Park Phase I was already funded through impact fees, except for the turf alternative. This item would not necessarily affect other City project funding. Mayor Lockhart stated the Fallon Sports Park was funded through impact fees from the east part of Dublin. That money could not be used to fund the Historic Park. The City Council conducted a straw vote on approval of Option C which included moving all five Kolb Property building: The City Council, by majority vote, Cm. Scholz undecided, voted in favor of moving forward with Option C. $3.18 Million of the projected Fiscal Year 2006-2007 Budget Surplus was later allocated for the Dublin Historic Park, of which these building would be part. . Kolb Trust Donation Aereement 11:12 p.m. 8.4 (295-10) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that the City Council would consider an agreement accepting the donation from the William P. Kolb Revocable Trust of the Kolb Home, Related Structures and Personal Effects. On motion of Cm. Oravetz, seconded by Vm. Sbranti and by unanimous vote, the City Council authorized the City Manager to execute the Donation Agreement. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT 21~l7 Fallon Sports Park Phase I Desien 9:29 p.m. 8.5 (920-60) Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that the design for Phase I development was scheduled to begin in Fiscal Year 2007-2008 and construction to commence in Fiscal Year 2008-2009. The City's landscape architectural consultant had prepared the Preferred Scheme for Phase I based on the input from the community design process. Staff, along with the City's consultant presented the Preferred Scheme along with information on the synthetic turf option for the two soccer fields. William Fee, Carducci & Associates, discussed the project program as detailed in the Attachment 5 in the Staff Report. Mayor Lockhart asked how many hours, realistically, would the fields be used? Ms. Alex stated Staff estimated the fields would be used 900-1,200 hours per year. This broke down to a cost for synthetic turf of $161- 215 per hour of use versus natural turf at a cost of $1 73 per hour of use. The hourly cost was based on construction, maintenance and actual use. Mayor Lockhart asked if as the temperatures on the turf fields rose, would the field be used? Ms. Alex stated that through discussions with other cities, some fields were used only in the morning and late afternoons. Cooler cities could use them all day long. Stockton might not use them at all during the hot weather. Dublin was kind of in between these extremes. Mayor Lockhart asked if this would impact demand of field use. Ms. Alex stated turf fields could accommodate the time of year when natural turf fields might not be able to be used. Vm. Sbranti asked Staff to summarize the number of lighted fields. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT Z2~z-7 Ms. Alex stated there were two lighted softball fields, two soccer fields, lighted parking, lighted bocce ball area, lighted tennis courts and basketball area. The City Council, Staff and Consultant discussed the 400 feet from the parking area to the bocce ball courts, location of picnic areas, and available street parking. Mayor Lockhart asked what policies the City might have regarding the management of turf fields. Ms. Alex stated they had not decided that detail yet, but it would be researched, such as fencing needed and regulations. Mayor Lockhart stated she did not want the use of the fields to get too limited. The City Council discussed shade for soccer fields, very little input from organized leagues at the beginning of the process, as opposed to now, the ability to use the turf fields during the rainy season to extend the sports' seasons, and investigating the ability to convert the fields to play lacrosse. Steve Jones, Dublin Parks and Community Services Commissioner, stated he worked with youth sports and there had been a push for. turf fields. It could bring more sport tournaments to Dublin. On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council approved the Preferred Scheme as detailed in the Staff Report for Fallon Sports Park Phase I and authorized the Consultant to proceed with preparation of construction documents with synthetic turf as the surfacing. $1.12 Million of the projected Fiscal Year 2006-2007 Budget Surplus was later allocated for this item. . RECESS 10:17 p.m. Mayor Lockhart called for a brief recess. The meeting reconvened with all Councilmembers present at 10:27 p.m. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT ~31J ~ 1 . Feasibility of Relocating Future Competitive Pool from Emerald Glen Park to the Dublin Swim Center 10:27 p.m. 8.6 (290-30) Parks & Community Services Manager Paul McCreary presented the Staff Report and advised that the City Council would receive a report of the preliminary feasibility study completed on the relocation of the deep-water competitive pool planned for Emerald Glen Park to the existing Dublin Swim Center site, adjacent to Dublin High School. Denis King, Dublin Unified School Board President, stated this project would be an add- on to the Dublin High School rebuild. He respectfully asked that the City Council approve the Dublin Swim Center as the location of the City's proposed competitive pool. The City Council and Staff discussed the need to build an additional building at the site with a secondary entrance and fencing to have the ability to open the competitive pool even if the other pool was closed. The second building would be needed because of space constraints at the site that would not allow enlarging the existing building. Mayor Lockhart asked if the City could move forward with the other pool at Emerald Glen and later make a decision on where to put the competitive pool? Mr. McCreary stated down the line, you would run into additional architectural fees. Cm. Hildenbrand stated there was money to fund the competitive pool if it was located in the east part of the City, but those funds could not be used to locate it in the west. That was the bigger issue here. The City Council and Staff discussed the cost efficiencies of having both pools at Emerald Glen Park and other opportunities to contribute to facilities at the High School. The City Council had not considered the funding issue of using fees from the east to build the pool at the Swim Center located on the west side of the City. It might be more prudent right now to build the competitive pool at Emerald Glen. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT 2,L}Db'l-? Mayor Lockhart asked Mr. King if the School District was considering a parcel tax for funding. She also asked if the gymnasium had been moved to a later phase of the rebuild Mr. King stated it was still being discussed but a parcel tax would be to restore program cuts. Parcel taxes would go towards education programs versus bonds' proceeds which went toward facilities only. The new gymnasium was on its original track. It was now being designed. It would begin after the Math/Science building had been completed. The performing arts center was in the phase after both the sports complex and the new gymnasium and after the new classroom complex. Cm. Scholz asked if this was an issue that had to be decided tonight. Mayor Lockhart replied yes it did need to be decided tonight to finish the discussion regarding the budget. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council approved a recommendation to keep the future competitive pool at Emerald Glen Park. . Contract Services Aereement - Bus Shelters Capital Improvement Proiect 11:14 p.m. 8.7 (600-35) By consensus, the City Council moved to continue Item 8.7 to a future City Council meeting. . Request From Vice Mayor Sbranti to Desienate a Street for Namine by a Non-Profit Oreanization 11:16 p.m. 8.8 (820-60) Public Works Director Melissa Morton presented the Staff Report and advised that this request proposed to utilize the City's street naming policy for non-profit organizations to raise funds to benefit Easter Seals. The City Council would consider approving the DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 ~ Of gz;~ 1/~~:&~~~\l 19~~1J]. ,~, f}ulfOR~~ DRAFT tt8ObZ1 request to designate a street within the Positano development, which was located in eastern Dublin. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the City Council approved the request to designate a street within the Positano development for naming by a non-profit organization subject to the provisions of the City of Dublin's policy for street naming by or for benefit of non-profit organizations. . Authorization to Attend Climate Innovation Summit in Albuquerque. New Mexico on May 14 -16. 2008 11:18 p.m. 8.9 (100-60) Assistant City Manager Joni Pattillo presented the Staff Report and advised that there was a request by Cm. Hildenbrand to attend the upcoming Climate Innovation Summit in Albuquerque, New Mexico on May 14-16,2008. On motion of Mayor Lockhart, seconded by Vm. Sbranti and by unanimous vote, the City Council authorized the request for out-of-state travel by Cm. Hildenbrand to attend the Climate Innovation Summit in Albuquerque, New Mexico. . OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 11 :18 p.m. City Manager Ambrose stated that the City's St. Patrick's Festival would take place in two weeks. Cm. Scholz stated she attended the Tri-Valley City Council meeting, and she would be attending the Dublin Pride Community meeting. Cm. Oravetz stated the intersection of Dougherty and Dublin Boulevard looked good. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT 2lP 0() t" 1 Cm. Hildenbrand stated she attended the Tri- Valley Council meeting and her first LA VT A meeting. Vm. Sbranti stated he had attended the East Bay Division Meeting, and the Tri-Valley Council meeting. Mayor Lockhart stated she had attended the Tri-Valley Council meeting. She also stated regarding the LA VT A, they would offer paratransit busses for free to any non-profit organization that contracted to transport 50 hours of passengers per month. They would train the drivers and provide $5,000 for each of two years for maintenance costs. The City Council agreed to meet for a Joint City Council/Planning Commission meeting on the Design Element after the regular April 1, 2008 City Council Meeting. The City Council congratulated the Dublin High Basketball team on a successful season. CLOSED SESSION 11 :22 p.m. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code section 54956.8 Property: Alameda County Assessor's Parcel 941-2768-006-01 (County of Alameda parcel) and Alameda County Assessor's Parcel 941-2768-006-02 (Union Pacific Railroad Company parcel) Agency Negotiator: Richard Ambrose, City Manager Negotiating Parties: County of Alameda; Union Pacific Railroad Company Under Negotiation: Price and terms of payment By consensus, the City Council agreed to move the Closed Session to a future City Council meeting. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008 DRAFT Z1t1J~ 7 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11 :23 p.m. in memory of our fallen troops. Minutes prepared by Caroline P, Soto, Deputy City Clerk. Mayor ATTEST: Deputy City Clerk ~ DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING March 4, 2008