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HomeMy WebLinkAbout06-03-2008 Adopted CC Min (2) MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - June 3~ 2008 A regular meeting of the Dublin City Council was held on Tuesday, June 3, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 13 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 Acceptance of Gifts to City from Bike to Work Dav Contributin2: Sponsors 7:13 p.m. 3.1 (150-70) Administrative Analyst Erin Lamberger presented the Staff Report and advised that this report detailed the contributions received from various local businesses and organizations for the Bike to Work Day Energizer Station held on May 15,2008. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 The Mayor and City Council recognized the sponsors with certificates of appreciation and formally accepted the contributions. . Report on 2008 Dublin Pride Week Activities and Reco2:nition of Poster Contest Winners and Dublin Pride Partners 7:16 p.m. 3.2 (150-80) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would formally recognize the contributions made by various individuals and organizations making 2008 Dublin Pride Week a successful community event. The Council received the report and formally recognized poster contest winners and Dublin Pride Partners. . Every 15 Minute Pro2:ram at Dublin Hi2:h School 7:30 p.m. 3.3 (130-60) Susan Hart and Lucia Miller, Coordinators of Every 15 Minutes Program, thanked the City for assistance in funding of the program. They hoped the City would continue its support of the program in future years. The Council thanked the coordinators for their efforts and successful program. Public Comments 7:35 p.m. 3.4 Shawn Costello, Dublin resident, stated he agreed with continuing the Every 15 Minutes Program. He also commented that the way in which the Starbucks was situated on the comer of Amador Valley Boulevard and Village Parkway, made it difficult for anyone in a wheelchair to negotiate the roadway with the car traffic. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 2 John Zukoski, Dublin resident, stated there were no sidewalks on Dublin Boulevard between Tassajara and Lockhart Street and it was dangerous for those in wheelchairs, riding bikes or even walking. Could the City put in temporary walkways or ask the developers in those areas to take down the fences in front of those projects so people could have a place to walk? City Manager Ambrose stated the City could speak to the developer about the fence issue. One of the sections of which Mr. Zukoski spoke was owned by Dublin Land Co. The only way to put in a sidewalk in that area would be to exercise eminent domain or the City would have to wait until there was a development proposed there and require a sidewalk as a condition of frontage improvement. Public Works Director Melissa Morton stated the City did not have rights for pedestrian access through that corridor. Mayor Lockhart stated it was difficult in developing areas because the City did not have all the control it would like to have. If the City did not own the land, they could not make the owners put in those improvements. Mayor Lockhart stated the Council would take the issue into consideration. . CONSENT CALENDAR 7 :48 p.m. Items 4.1 through 4.11 On motion of Cm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meetings of March 18, 2008, April 1, 2008 and April 15, 2008; Special Joint Council/Planning Committee Meetings of March 4, 2008 and April 1 , 2008; and Special Meeting of April 22, 2008; DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 3 Adopted (4.2 500-80) ORDINANCE NO. 23 - 08 AMENDING CHAPTER 4.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO KENNELS Approved (4.3 600-30) Change Order for Dahlin Group Architects, O'Conner Construction Management and ENGEO, Geotechnical Engineers to extend their services to complete the Shannon Community Center. Adopted (4.4 600-30) RESOLUTION NO. 80 - 08 APPROVING AMENDMENT TO AGREEMENT WITH ZUMW AL T ENGINEERING GROUP FOR GENERAL ENGINEERING SERVICES Adopted (4.5 600-30) RESOLUTION NO. 81 - 08 APPROVING AMENDMENT TO AGREEMENT WITH CAL ENGINEERING AND GEOLOGY, INC., FOR GEOTECHNICAL ENGINEERING SERVICES Accepted (4.6 600-35) improvements under Contract No. 08-01, San Ramon Road Wooden Soundwall Repair and Painting Project, and authorized the release of retention after 35 days if there were no subcontractor claims; Adopted (4.7 600-30) RESOLUTION NO. 82 - 08 APPROVING AMENDMENT TO AGREEMENT WITH RBF CONSULTING FOR GENERAL ENGINEERING SERVICES DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 4 Adopted (4.8 600-30) RESOLUTION NO. 83 - 08 APPROVING AMENDMENT TO AGREEMENT WITH PERMCO ENGINEERING & MANAGEMENT FOR ENGINEERING SERVICES Adopted (4.9 700-20) RESOLUTION NO. 84 - 08 PERSONNEL SYSTEM RULES Approved (4.10 300-40) the Warrant Register in the amount of $964,957.97; Adopted (4.11 600-40) RESOLUTION NO. 79 - 08 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALAMEDA PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL AND STREETLIGHTING MAINTENANCE, AND REAL ESTATE SERVICES . Mayor Lockhart stated it had been brought to her attention that the item regarding the Fee Schedule for Garbage Company Rates and Minimum Residential Garbage Service was notice for tonight's meeting, but was not ready to be heard. It would be re-noticed once the date had been set for the hearing. . WRITTEN COMMUNICATIONS - None DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 5 . PUBLIC HEARINGS Dublin Historic Park - Environmental Review and Master Plan Amendment 7:49 p.m. 6.1 (920-30/400-20) Parks and Community Services Director Diane Lowart presented the Staff Report and advised that the City Council would conduct a public hearing on the Mitigated Negative Declaration and Mitigation Monitoring Program for the Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park and Dublin Historic Park Master Plan Addendum, and the Dublin Historic Plan Master Plan Amendment. Cm. Hildenbrand asked if the City would be removing any trees in order to move the structures. Ms. Lowart stated in the initial review of the move, it did not appear that the City would have to remove many trees. Mayor Lockhart opened the public hearing. 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 adopted RESOLUTION NO. 85 - 08 ADOPTING THE MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING PROGRAM FOR THE KOLB RANCH BUILDING MOVE, REHABILITATION, AND FACILITY REUSE AT THE DUBLIN HISTORIC PARK AND DUBLIN HISTORIC PARK MASTER PLAN ADDENDUM DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 6 and RESOLUTION NO. 86 - 08 ADOPTING THE DUBLIN HISTORIC PARK MASTER PLAN AMENDMENT . Amendment of Dublin Municipal Code Chapter 5.56 (Smokin2: Pollution Control) 7:53 p.m. 6.2 (560-90) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider amending the Dublin Municipal Code to increase the prohibition of smoking within a reasonable distance of entrances into areas in which smoking was prohibited and around unenclosed areas in which smoking was prohibited from 15 to 20 feet. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the Council waived the reading, and introduced an Ordinance Amending Chapter 5.56 of the Dublin Municipal Code Relating to Smoking Pollution Control. . Amendment of Dublin Municipal Code Chapter 2.20 7:55 p.m. 6.3 (700-10) City Attorney John Bakker presented the Staff Report and advised that the City Council would consider amending Dublin Municipal Code Chapter 2.20 which established a uniform system for dealing with City personnel matters. This was the first reading of this ordinance. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 7 Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the Council waived the reading and introduced an Ordinance Amending Chapter 2.20 of the Dublin Municipal Code Relating to the Personnel System. . Proposed Ordinance Establishing Bus Stops and Repealin2: Bus Stop Desi2:nations as Various Locations Citywide 7:58 p.m. 6.4 (1060-20) Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that this item presented various locations Citywide that operated as active bus stops but were never adopted by ordinance. In addition, two locations were proposed for repeal of bus stop designation and three new locations were proposed for bus stop designation. Staff was seeking City Council adoption of an ordinance to formalize these changes. This was the first reading of this ordinance. The Mayor asked if in regard to suggested changes, Contra Costa County Transit Authority (CCCTA) felt that pulling back out onto Dougherty Road was the hazard. Ms. Bourgeois stated that the ongoing construction on Dublin Boulevard and Dougherty Boulevard caused issues for the drivers and also having to negotiate through the travel lanes to get to the left turn lane onto to Dublin Boulevard was difficult. The Council and Staff discussed concerns regarding a bus stop on Dougherty Boulevard that was up for cancellation. They did not want to make it inconvenient for residents in the Arroyo Vista area to find a bus stop. After confirming that it was a stop for only DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 8 CCCTA and not a Livermore Amador Valley Transit Authority (LA VTA), stop, as LA VT A buses entered the Arroyo Vista Complex, the Council agreed to support this item. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. Sbranti and by unanimous vote, the City Council waived the reading and introduced an Ordinance Repealing Ordinance Nos. 13-90 and 16-97 and Establishing Bus Stops at Various Locations Citywide. . Environmental Assessment/Finding of No Significant Impact (FONSI) for the Arrovo Vista Proiect PA 07-028 - Arrovo Vista 8:10 p.m. 6.5 (600-60/400-20) Senior Planner Erica Fraser presented the Staff Report and advised that Arroyo Vista was a 150 unit detached affordable housing project which was owned and managed by the Dublin Housing Authority (DHA). The housing complex was constructed over 20 years ago. The complex had design problems which had created ongoing building maintenance problems as well as sewer and water main problems. The City had begun the process of reviewing the redevelopment of the existing site with a new residential development which contained 378 dwelling units, community building, childcare facility and related improvements. Before the new development could be constructed, the U. S. Department of Housing and Urban Development (HUD) must approve the disposition (sale) of the property to the private parties (Eden Housing and Citation Homes) that would develop the project. The City was required to analyze the environmental impacts of the disposition of the property and the proposed project under the National Environmental Policy Act (NEP A) and to submit its determination to HUD before HUD could consider whether to approve the disposition. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 9 The City would also needed to review the site in conformance with the California Environment Quality Act (CEQA), of which the City had begun the process. The City had prepared an environmental assessment and did intend to adopt a finding of no significant impact (FONSI). On May 4, Staff published in the newspaper and mailed a notice to inform the public that a public hearing would be held on June 3rd to discuss the FONSI under NEP A. Although this type of notice was not required by law under NEP A, the City followed a practice similar to what was done when the City evaluated environmental issues on projects under CEQA. In addition, having a hearing early in the process provided additional opportunities for the public to comment on the project. The notice that was sent on that date specified that written comments were to be submitted by 5 :00 p.m. on June 2, 2008. However, because federal regulations required that the 30 day comment period commence upon publication of the FONSI, the deadline for submission of written comments needed to be extended. Therefore, on May 23, 2008, Staff sent a second notice, which was also published in the newspaper, continuing the June 3, 2008 discussion to July 15,2008. That notice, in addition to being published, was mailed out to all residents of Arroyo Vista, property owners within 300 feet of Arroyo Vista, and the all interested parties the City had on file. The extension would allow the public the opportunity to submit written comments on the FONSI for 30 days after the publication of the NEP A, as required under NEP A. As with any continued public hearing, the public still would still have the opportunity to comment at both hearings. The purpose of the continuation was that the Council action would take place at the July 15, 2008, hearing and not during tonight's meeting. The Notice of Finding of No Significant Impact and Notice of Intent to Request Approval property disposition was published and mailed on May 28, 2008, and so there was a 30 day comment period under NEP A. All comments related to the FONSI prepared for the Arroyo Vista project must be received within that 30 day period which would end on June 27, 2008. The City would only consider comments on the FONSI received before that date, within the 30 day period. In addition to identifying the 30 day comment period, the notice served a second purpose in that it was required by HUD regulation to provide notice that the City would authorize the DHA to submit a request to HUD to dispose of the Arroyo Vista property. The DHA had requested the City include the notice regarding disposition as part of the notice for the FONSI. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 10 All comments on the FONSI must be received by June 27, 2008. A copy of the FONSI was available at the Community Development Department for review during the City's normal business hours. All comments related to the request for approval of the disposition or sale of the property must be submitted to HUD as specified in the notice that was sent. At tonight's meeting, members of the public could address the Council on the FONSI and those comments would be included as part of the environmental review record under NEP A. The July 15th meeting would provide an opportunity for the public to provide general comments on the proposed project, prior to the City taking action on the FONSI. The Council would not take testimony regarding the FONSI, or the Request for Approval of Disposition during the July 15th hearing. Mayor Lockhart opened the public hearing. Craig Castellanet, CA Affordable Housing Law Project, stated the FONSI found there would be no change in demographic character of the City if the application were approved. There indeed would be substantial changes in the demographic character of the area, if nothing else than the addition of almost 200 market rate homes. Through the razing and redevelopment of Arroyo Vista, there would also be an change in the number of seniors housed there, the number of units available for families with children would decrease, size of the units would decrease in regard to the four- and two-bedroom homes. The rents would be substantially higher. In the replacement project, the average rent would be $900 a month versus $500 a month now. It would also lead to a change in the demographics of the racial composition because of the association between families of those incomes and different protected classes and races. There was also substantial impact due to displacement. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the Council continued the item to the July 15,2008, City Council meeting. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 11 UNFINISHED BUSINESS Adoption of Resolution Establishin2: a Cash Deposit or Bond Amount for Solicitor Permits 8:16 p.m. 7.1 (660-60) City Attorney John Bakker presented the Staff Report and advised that this resolution established a cash deposit or bond amount of $5,000 be provided to the City by each applicant for a solicitor permit, except for those solicitors engaged in interstate commerce, pursuant to Dublin Municipal Code Section 4.16.080. Mayor Lockhart asked what the penalty was for not getting a bond or a license. Mr. Bakker stated if the person did not get a bond, they would not get a license. If they did not get a license, it was an infraction. On the third violation it could become a misdemeanor. On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 87 - 08 ESTABLISHING A CASH DEPOSIT OR BOND FOR SOLICITOR PERMITS . NEW BUSINESS Amendment to the Affordable Housing Agreement to Convert Two Affordable Units (Lots 3 and 33) to Market Rate in Exchange for Payment of In-Lieu Fees at the Willows at San Ramon Villa2:e Plaza (P A 02-063 & 06-034) 8:22 p.m. 8.1 (430-80) Community Development Director Jeri Ram presented the Staff Report and advised that the City Council would consider an amendment to the Affordable Housing Agreement for DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 12 Willows at San Ramon Village to convert two affordable units to market rate units in exchange for payment of in-lieu fees. Ms. Ram stated that since the completion and delivery of the agenda and associated packet, one unit had been sold, so the request was now for only one unit. Jeff Lawrence, Braddock and Logan, stated he had completed a status report on the developer's efforts to qualify buyers for three units. He requested the Council consider the developer's request. Mayor Lockhart stated the developer had marketed the units as requested by the City and the Council appreciated their efforts. On motion of Cm. Scholz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 88 - 08 APPROVING AN AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT FOR WILLOWS AT SAN RAMON VILLAGE PLAZA TO CONVERT 1 AFFORDABLE UNIT (LOT 33) TO MARKET RATE IN EXCHANGE FOR PAYMENT OF IN-LIEU FEES (P A 02-063 AND 06-034) and directed the City Manager to execute an amendment to the Affordable Housing Agreement, and directed the Community Development Director to amend the Development Plan for the Planned Development Zoning District, in accordance with the Dublin Municipal Code. . Resolution Establishing a Goal of75% Reduction of Waste Goin2: to Landfills by 2010 8:29 p.m. 8.2 (810-50) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider adopting a resolution that would establish a goal to remove 75% of the City's waste from the landfill by 2010. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 13 Mayor Lockhart stated the 75% diversion goal used to be on Stopwaste list that could be completed if the City wanted the money from Stopwaste, but now it was a required condition for funding. The City was already participating in all of the items on the list, but two, this item being one of the two. The other item was a Bay Friendly Ordinance. The City should have discussions with developers regarding Bay Friendly landscape. Private development would not do it unless they were required to do it. She would like to see an example of a Bay Friendly landscaping ordinance. She would also like to look at a food scrapping program. The City Council discussed the need to have a discussion about a Bay Friendly Ordinance and reviewing the City's environmental policies to see if any could be updated with current best practices which might, in turn, assist in increasing the City's diversion. City Manager Ambrose suggested the City Council adopt the resolution for the 75% diversion rate tonight to secure funding, and then as part of their Goals and Objectives discussion at the Budget Hearing on June 26, they could add the Bay Friendly ordinance discussion to their Goals and Objectives program. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the City Council adopted RESOLUTION NO. 89 - 08 ESTABLISHING A GOAL OF 75% REDUCTION OF WASTE GOING TO THE LANDFILL BY 2010 FOR THE CITY OF DUBLIN IN ACCORDANCE WITH THE COUNTYWIDE 75%) WASTE REDUCTION GOAL . OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 8:47 p.m. Cm. Scholz stated she attended the celebration at Murray School in being named a California Distinguished School. She attended the BART parking structure grand opening and the Tri-Valley Council meeting. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 27 REGULAR MEETING June 3, 2008 Cm. Oravetz stated he had also attended the Tri- Valley Council meeting. Cm. Hildenbrand stated she attended the LA VT A Board meeting and special meeting and the Memorial Day celebration presented by Dublin schools. She also thanked the City's Parks and Community Services Department for helping put the program together. She also attended the Tri-Valley Council meeting. Vm. Sbranti stated he also attended the Memorial Day celebration, the Tri-Valley Council meeting, and the Murray School celebration. He had been pleased he was able to ride on trails and through City parks on Bike to Work Day. Mayor Lockhart stated she attended the LA VT A workshop which had a great presentation regarding transportation issues. She thanked the people that put together the Memorial Day program, including Camp Parks and Irene Fong from Dougherty Elementary. She also thanked the owners of Koi Gardens for being the host restaurant of the Tri-Valley Council meeting. CLOSED SESSION A closed session was held at 8:54 p.m., regarding: I. CLOSED SESSION - EXISTING LITIGATION, Government Code section 54956.9, subdivision a. Name of Case: Arroyo Vista Tenants Association et al. v. City of Dublin et ai. United States District Court, Northern District of California, Case No. C07-05794 MHP . REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action was taken. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 15 ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 9:30 p.m. in memory of our fallen troops. Minutes prepared by Caroline P. Soto, Deputy City Clerk ATTEST: Ow) [ ;J {if City Clerk ;>> ~ DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING June 3, 2008 16