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HomeMy WebLinkAbout4.01 Draft CC 10-7-08 MinDRAFT ~~. ur ~U~~ MINUTES OF THE CITY COUNCIL J OF THE CITY OF DUBLIN -~-~ ~sz `~, // REGULAR MEETING -October 7 2008 V _~~~~ -~ A regular meeting of the Dublin City Council was held on Tuesday, October 7, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers Lockhart. ABSENT: None Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. ORAL COMMUNICATIONS Youth Advisory Committee Appointments 7:01 p.m. 3.1 (110-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the Mayor was recommending the appointment of two youth and one adult to fill the remaining vacancies on the Youth Advisory Committee. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote, the Council confirmed the Mayor's appointments of students Katie Stangeland and Brooke DUBLIN CITY COUNCIL MINUTES I VOLUME 27 G~~OF Dpe~ REGULAR MEETING ,,, ~ ~~~ October 7, 2008 ~~~~~~ 'IGIFOR~~ DRAFT 14 ~~3y Bunkhorst, and Jenna E. Heath as the Adult-at-Large Representative, to the Youth Advisory Committee for the term through May 2009. Contribution from Dublin Senior Foundation 7:02 p.m. 3.2 (150-70) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that during Fiscal Year 2007-2008, the Dublin Senior Foundation contributed 100% of the funding to purchase new furnishings and equipment for the Senior Center including indoor benches, outdoor benches, a bike rack and equipment to hang artwork in the building. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council formally accepted the contribution from the Dublin Senior Foundation and directed Staff to prepare a formal acknowledgment. •. Proclamation to Alameda County Fire Department for Fighting 2008 California Lightning Siege 7:04 p.m. 3.3 (610-50) Mayor Lockhart presented a proclamation to Fire Chief Sheldon Gilbert of the Alameda County Fire Department for Fighting the 2008 California Lightning Siege. Chief Gilbert thanked the City Council for the proclamation and introduced Captain Gazdik and two other firefighters that helped fight the fires. Captain Gazdik stated he had fought in several fires during the Lightning Siege and thanked the City Council for the proclamation. The City Council thanked the firefighters for their assistance. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 27 G`~ OF bp~y. REGULAR MEETING i9,~~"~~si October 7, 2008 `\ DRAFT ~ ~ ~3y Presentation to City from Camp Parks for Participation in the Army Community Covenant Signing 7:09 p.m. 3.4 (150-20) Lt. Col. Cushman, representative from Camp Parks, presented the City with a plaque recognizing the City for its participation in the Army Community Covenant Signing. The City Council thanked Lt. Cushman for the plaque. Public Comments 7:12 p.m. 3.5 No comments were made by any member of the public at this time. CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.10 On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August 19, 2008; Adopted (4.2 600-30) RESOLUTION NO. 179 - 08 APPROVING THE AGREEMENT WITH O'CONNOR CONSTRUCTION MANAGEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE DUBLIN HISTORIC PARK PHASE I DUBLIN CITY COUNCIL MINUTES 3 VOLUME 27 ~~OFDp REGULAR MEETING i;~~~;~ October 7, 2008 ~\ ~ /~ ~'1L/FOR~4` DRAFT Adopted (4.3 600-30) RESOLUTION NO. 180 - 08 APPROVING AN AMENDMENT TO THE AGREEMENT WITH ENGEO, INC FOR THE DUBLIN HISTORIC PARK - PHASE I, GEOTECHNICAL TESTNG Adopted (4.4 600-400) RESOLUTION NO. 181 - 08 I~ ,~` r! APPROVING AN AGREEMENT BETWEEN CITY OF DUBLIN AND CITY OF SAN RAMON FOR DOUGHERTY ROAD IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO MAKE NON-SUBSTANTIVE CHANGES TO THE AGREEMENT AND TO EXECUTE THE AGREEMENT and approved Budget Change for Fiscal Year 2008-2009. Adopted (4.5 600-35) RESOLUTION NO. 182 - 08 AWARDING CONTRACT N0.08-14, SAN RAMON ROAD TRAIL IMPROVEMENTS - ROOT BARRIERS PROJECT, TO AMERICAN CIVIL CONSTRUCTORS Approved (4.6 330-20) Approve the Budget Changes as part of the closing of the City's financial records for Fiscal Year 2007-2008. DUBLIN CITY COUNCIL MINUTES a VOLUME 27 G`~o~~8~ REGULAR MEETING ~9'~~~`~ October 7, 2008 `~ Gti~e~`b DRAFT Adopted (4.7 600-30) RESOLUTION NO. 183 - 08 ~~ 3~ ,. AUTHORIZING THE CITY MANAGER TO EXECUTE THE CALNET 2 CONTRACT WITH AT&T FOR VOICE AND DATA TELECOMMUNICATION SERVICES PURSUANT TO THE STATE OF CALIFORNIA CALNET 2 CONTRACT Adopted (4.8 600-35) RESOLUTION NO. 184 - 08 AWARD OF BID TO PHASE 3 COMMUNICATIONS FOR CONTRACT NO.O8-12 SHANNON COMMUNITY CENTER Adopted (4.9 600-30) RESOLUTION NO. 185 - 08 APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING FOR ARCHITECTURAL DESIGN SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX Approved (4.10 300-40) the Warrant Register in the amount of $3,518,157.07. WRITTEN COMMUNICATIONS Request to Rename the Southern Portion of Myrtle Drive to Tovota Drive 7:13 p.m. 5.1 (820-60) Mayor Lockhart opened the public hearing. DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~~ oe ~ REGULAR MEETING i~~~~~ October 7, 2008 ~\ ~j C'~1GIr'pC2~~r l~ oP3~ DRAFT ~ Director of Public Works Melissa Morton presented the Staff Report and advised that as part of the project to relocate the Dublin Toyota dealership to the former Dublin Ford/Autonation site situated on Myrtle Drive south of Dublin Boulevard, it had been requested that this portion of the street be renamed to Toyota Drive in order to enhance the identification of the property. The City Council would consider granting the request to rename the street and approving a change in the address for the dealership. Mayor Lockhart stated that under the circumstances, with only the one business on the street, she agreed with Staff's recommendation. Guy Houston, representing Dublin Toyota, stated this would aid in advertising and marketing the location. They had plans ready to submit for a landscaping program for the property. On motion of Vm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION NO. 186 - 08 APPROVING THE RENAMING OF THE SOUTHERN PORTION OF MYRTLE DRIVE TO TOYOTA DRIVE Amendment to Alameda County Waste Management Authority Joint Powers Agreement (JPA) 7:17 p.m. 5.2 (600-40) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider approving an amendment to the Joint Powers Agreement for Waste Management establishing the Alameda County Waste Management Authority. The proposed amendment would allow for a change in the voting procedures for the Alameda County Waste Management Authority Board. Mayor Lockhart stated there were too many times people had traveled to downtown Oakland to do business with the Board and there had not been a quorum. This amendment would encourage some of the Board members to get to the meetings. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 27 `~or~, REGULAR MEETING 19 ~(~~~~ October 7, 2008 ~~ ~~~~R~~ I°l ~~34 DRAFT On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the Council approved the Amendment to the Joint Powers Agreement and directed Staff to notify the Alameda County Waste Management Authority. PUBLIC HEARINGS Croak and Jordan Medium Density, PA 07-056: General Plan and Eastern Dublin Specific Plan Amendment and Planned Development Rezone with Amended Stage 1 Development Plan to Change the Existing Medium Density Portion of the Croak and Jordan Properties to Medium-Low Density and Medium-Mid Density Land Use Designations with Minimum Rear Yard Setback Requirements 7:21 p.m. 6.1 (410-55/420-30) Mayor Lockhart opened the public hearing. Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would hold a Public Hearing to consider the proposed General Plan Amendment, Eastern Dublin Specific Plan Amendment, and Planned Development (PD) Stage 1 Development Plan Amendment to change the existing Medium Density (6.1-14 du/acre) portion of the Croak and Jordan properties to a combination of Medium-Low (6.1-10 du/acre) and Medium-Mid Density (10.1-14 du/acre) in order to encourage a variety of housing types that included small lot detached homes and other product types with usable private yards, and PD development standards that required a minimum 15' rear yard setback with one in five homes having a 20' rear yard setback. Mayor Lockhart asked if there was a simpler way of accomplishing a higher percentage of larger backyards. In regard to the topography of the land, could the City not have larger backyards on a percentage of the units. Should the City Council approve what was in front of them tonight and require a percentage of larger yards later in the process? What was a simpler way of accomplishing having X percentage of units having larger backyards? Cm. Hildenbrand asked if a percentage was used, would that allow for more flexibility in designing units to the land. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 27 ~~oF~r, REGULAR MEETING i;~~~~~ October 7, 2008 ~\ ~ /~ Gcr~R~'~ DRAFT ao 034 Mr. Baker stated there were simpler solutions for the City Council to achieve its preferred outcome, but having language in the General Plan provided a clear policy direction. That would give greater assurance of achieving what the City Council wanted to achieve. The issue could also be handled through zoning, in a slightly simpler fashion. Cm. Oravetz stated when this item had come before the City Council at a Study Session, he had voted to do nothing. If the City left it the same, the City could achieve the same through zoning. Mr. Baker stated to achieve what the Mayor had mentioned, the City would want to amend the PD to require a larger setback. Right now it required a minimum of 8 feet. The proposal was in the 15-20 foot range. To help ensure it would be bigger, you would want to increase the setback through the PD. Cm. Oravetz asked if they could include language in the PD that would encourage the developers to provide bigger backyards. Mayor Lockhart stated the City could encourage it, but the developers would not do it. Cm. Oravetz stated correct, the developers would not have to do it, but then the City Council could choose not to accept the plans. He wanted to provide flexibility to the developers to allow them to sell homes. If the developers did not sell homes, the City did not receive sales tax. Mayor Lockhart stated if homes had bigger backyards, they might sell more homes. Cm. Hildenbrand stated if the City did not change the language for the setbacks and the developers presented a project with the required 8-foot setback, then they were within the required setback. Cm. Oravetz reiterated he would like to provide flexibility to the developers. Cm. Hildenbrand stated what the City had consistently seen was townhomes, condos and homes with patios. By doing this, with only two properties at this point, the City Council would be trying to preserve some of the single family lifestyle it was losing. DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~~~ REGULAR MEETING 1~~~~~ October 7, 2008 ~\ '~' /~ ~'1GIFOR~l~` DRAFT ~~~ Cm. Oravetz stated the developers were not at fault, it was the City Council's fault for approving the projects. Cm. Hildenbrand stated it had taken three years to get three Councilmembers to agree at the Strategic Planning sessions to talk about this issue. Vm. Sbranti stated the goal was to have usable backyards. One way to have bigger backyards was through this option. There were different ways to achieve that goal. Kevin Fryer, representative of the owners of the Jordan Property, stated it was their intention to provide useable backyard space. They did not want to draw a line in the development to divide medium-mid density on one side and medium-low density on the other because it would not allow the planners to utilize the site to its fullest. They had come up with a cluster product along the entire edge of the property. It was four units with garages on the backside and front doors on the trail. Instead of hiding the trail behind fences and in back yards and making it an appendage of the plan, they wanted to make it a focal point and have front doors facing it so there was an invitation to use the trail. This product was intended for the area that was medium-low. It allowed open space to be used as private yards. It allowed minimum yard space, 22' x 24', 22' x 25', and 21' x 24, fairly usable, private yard spaces. But it did not fit a rigid definition of a rear yard setback that requires a minimum 15' from the rear property line. These were two story houses, 1,600 to 2,100 square feet houses. The lots are relatively large, 3,700 square foot lots. If you were in your backyard, you would have approximately 50 feet before you had any kind of house by you. While not as wide if you had a 15' setback for an entirety of the lot, it was still a very usable yard space within medium density. They were very excited about it, but unfortunately, for a couple of reasons, with the proposals that were before the City Council tonight, this product did not meet the 15' or 20' minimum rear yard setback. It did provide close to 500 square foot contiguous yards within the medium density area, but unfortunately, it still did not work. Within the medium-mid area they were proposing either providing a usable private yard or access to a common open area. It was an alley loaded, two- and three-story small lot detached product. It was all within medium density and the focus was on providing detached, less intense, overall fewer units and better private and common open spaces. Similar to what was already in Dublin, one example had an alley in the back, garages in the back with front paseos, and side areas. There were 10'-4" to 13'-6" spacing between the buildings. While they were not trying to meet the definition of the usable private yard the City Council would like within-the medium-low area, the open areas were still rather substantial for that specific product. There was DUBLIN CITY COUNCIL MINUTES 9 VOLUME 27 `~ pF DpB~ REGULAR MEETING i~~~a~ October 7, 2008 \~ '(~ %~ ~4LIFpR~~ DRAFT as ~3~{ There was improvement on these spaces and each unit did include a significant livable quality front or side porch. Under the current plan, current standards, there were 23.4 acres of medium density, with a density range of 6.0 - 14 du/ac. The minimum total density under the current Specific Plan and General Plan was 143 units, which was 6.1 times the acreage within medium density. They would like to have amid-point density as a goal, and that would be the 234 units that were presented by Staff. Under the proposed amendments before the City Council, the project would split the medium designation into medium-low and medium-mid. The impact would be that the total mid-point density remained the same, 234 units. But by creating a section that had a higher minimum density, the minimum units required within medium went from 143 units currently, to 189, under these proposals. So while the mid-point density remained the same, the minimum required units increased. For the landowners, the proposal was 160 units within medium density, so they fell right in the range under current standards. They were fine. Under the proposed amendments, they would not provide enough units. There was one significant reason for that, at the northeastern end of the site within medium density, there were 3.4 acres of unusable hillside. In theory, viewing the map, you split it in half and you had 11.7 acres of medium-low, the reality was 3.4 of those acres would be open space, hillside. They were having problems reaching the medium density requirements. They were proposing a concept of less intense, more single-family detached, better private spaces, some quality common areas for these medium-mid units, with. connectivity throughout. It did not fall within the City's proposed amendments. His proposal was not to split medium into medium-low and medium-mid, but instead require that 50% of all units developed within the medium density area provide usable private yards, and the remaining 50% either provide the same usable private yard or a common area. It was basically the requirements of medium-low and medium-mid, but it allowed the developer flexibility as to where they placed them. If you were at mid range density, 94 units would be required to provide a usable private yard. Under the developer's proposal, 95 of those cluster homes would have that yard. They were at the same number of units with usable yards as the City Council. They had diversity of product. The ones that would fall in the medium- mid category as a common area and some reasonable yard space would hopefully fall into what the City's Council intent was regarding usable yards. They were requesting a flexibility of the definition of what was a usable private yard. The nature of a rear yard setback was a fairly technical and stringent requirement. What he was suggesting as an alternative was to define a usable private yard as requiring a minimum of 400 square feet of contiguous open space, with a minimum dimension of 18 feet in any direction. This would assure that you were not getting a yard configuration that was not useable. Fifty percent was a higher percentage of units than you would get under the proposed DUBLIN CITY COUNCIL MINUTES io VOLUME 27 OF Dp REGULAR MEETING 19;~~~ October 7, 2008 ~\~'~~/~ '1GIFOR~ DRAFT a3~34 amendments. Their proposed plan achieved the goal of the total units the City Council would like to see. Mr. Patrick Croak, landowner, stated he was on board with the City Council's goal of wanting to provide useable private yards. He was in favor of not having a plan that split the development into medium-mid and medium-low density categories. He would like to maintain a spirit of cooperation and flexibility with an end product that could be approved. Jimmy Huang, Dublin resident, stated he was worried about not having a hard definition of medium density. Different developers could interpret the definition differently. Was it possible to set up a community meeting to discuss the issue. People wanted lower density. Mayor Lockhart stated the City Council was here to make a decision. There had been community workshops already and this was an issue that needed to be resolved. The City had to work within the legal limits of the medium density definition. The General Plan called for a certain number of homes and there many things that went into the development of that number. It had to do with the City's financial infrastructure. So the City had to stay within the ranges that were set in the General Plan to begin with. The City was trying to have homes with larger back yards, and still provide the level of density that would work for the City. Mayor Lockhart closed the public hearing. Cm. Hildenbrand stated she had brought this issue to the table. It was important, regardless of whatever option was selected, to remember the community message of wanting usable backyards. Yes, the City Council did approve previous projects because they did fall within City-set guidelines, so it was now important to have guidelines, or some language that stated usable backyards were required in the rest of the projects coming forward. There would be creative housing opportunities coming forward. The City Council was on the right track. Vm. Sbranti stated the big picture was the most important thing. There had been two goals, lower density and usable backyards. There were .two options before the City Council, with the two medium densities, and option two required 50% of a project to have usable backyards required, not a goal, dream or wish, but required. The other 50% would have a common living area or a useable back yard, if that could be accommodated. Both DUBLIN CITY COUNCIL MINUTES i i VOLUME 27 G`~OFDpB~~ REGULAR MEETING 19,~~~~~ October 7, 2008 \\ '~ /// ~'1G71'17R~1~ ati ~~~ DRAFT proposals were worth considering. What was presented by Mr. Fryer was an option that the Council should seriously consider. There needed to be language that stated the requirements. He supported both options and was intrigued by the second option presented tonight. Cm. Hildenbrand asked if Vm. Sbranti agreed with the usable yard definition of 400 square feet, with 18 feet in any direction. Cm. Sbranti responded that he did support the definition of a usable, practical backyard. He did support the idea of requiring those yards within 50% of the development, which essentially achieved that medium-low goal that the City Council had to start with. Cm. Oravetz stated he could support Mr. Fryer's 50% plan. Cm. Scholz stated she could support Mr. Fryer's outlined project. She stated she had heard the concern about density and lower density was part of the picture and she totally supported useable backyards. Mayor Lockhart stated if there was a large piece that could be divided in two different zoning, it would be simpler. But there were topography challenges with the two pieces of land the City Council had designated. As long as it met the City's big picture goals in terms of homes with useable she was comfortable looking at that alternative. How would the City get there? Mr. Baker stated in regard to getting the 50% - 50% split, the City Council could direct Staff to do an amendment to the PD, which would require going back to the Planning Commission for a recommendation and then coming back to the City Council for two readings of the ordinance. This could establish that 50% of the units within the medium density of the Croak and Jordan properties have a rear yard and define that yard size, put that language in the PD and bring that to the City Council. Another option would be to not adopt the General Plan amendment and take the existing PD, that had a requirement for a traditional backyard, a 15'-20' rear yard, and when a developer came in with a project, it could be evaluated against the intent of what was proposed. Each project would be evaluated on a case-by-case basis. If the City Council wanted to completely settle it tonight, then Staff should be directed to go back to the Planning Commission and come back to the City Council for two readings of the ordinance. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 27 `~ot'oU REGULAR MEETING m~~ir~~~ October 7, 2008 \~ ~'~" //~ Gc~FOa~ DRAFT a5~~~r Cm. Hildenbrand stated she felt it should be settled today. She wanted to settle it officially as a Council and send a clear message to those that would be building in Dublin. City Attorney Bakker asked for clarification on what Mr. Fryer was proposing. Was it to eliminate the General Plan amendment that Staff was proposing entirely, and incorporate or implement his proposal in the Stage I PD? It would be an ordinance amendment for medium density on Croak and Jordan, specifically. If the City Council wanted to implement his proposal, the City Council would not adopt the General Plan Amendment tonight, and indicate that they were in concurrence with his proposal and that it would have to go back to the Planning Commission. Vm. Sbranti stated if you read the Planning Commission minutes, this was what they were suggesting. Mr. Bakker stated another option was to make a simple change to the General Plan regarding the medium density designation indicating the City Council wanted 50% of the residential parcels within the medium density designation to have private useable rear yards. As the City evaluated projects, Staff could look at whether the projects met that generalized standard. It would not require rear yards, but it would require private, usable yards. Staff's proposed language required private, flat, useable outdoor yard areas. It also split the designation in two separate designations. It was just stronger to have a General Plan Amendment where you were articulating your policy statement where you want private, flat, rear yards. If you only changed the PD, then someone could try to change it. If you wanted to ensure you had a firm policy that was enforceable, you would want to consider putting it in the General Plan. Otherwise you might have a situation in the future where a developer did not want to incorporate 50% of units with private, rear yards, and you were left to discuss whether they were entitled to amend the PD or not, when their proposal might be consistent with the General Plan, in all other respects. Mr. Baker stated he heard a two pronged approach, a General Plan amendment to require, on the medium density on the Croak and Jordan properties, a private, useable, flat rear yard, and then a PD amendment for Croak and Jordan to establish the private yard size. Cm. Oravetz stated if he made a motion to do nothing, and the City Council approved, it would go back to the Planning Commission, and it would then require two Public Hearings of the City Council. It would be December by then and there would be a new City Council. DUBLIN CITY COUNCIL MINUTES is VOLUME 27 `~pFD REGULAR MEETING i~~~~az October 7, 2008 ~~ '~" DRAFT a~,~y Mr. Bakker stated that there was a medium density designation that was applicable throughout eastern Dublin. Staff would have to ensure that in the draft of the General Plan designation that this 50% policy applied only to the areas east of Fallon Road. Cm. Hildenbrand asked what would be the easiest way to resolve this and send a clear message while moving forward. Mr. Baker stated it would be to not adopt the General Plan amendment, adopt the PD amendment for the rear yard requirement and then evaluate this project and make further modifications down the road, looking to see if it met the intent. Vm. Sbranti asked what the next steps were. Mr. Baker stated that the City Council could approve the first reading tonight. Staff would return with the second reading, the ordinance would be approved requiring a minimum 15' rear yard, with every one in five homes having a minimum 20 foot rear yard. When an applicant came in, Staff would review their proposal to see if it met the intent of the law. Staff could recommend crafting some changes to the PD and taking it to the City Council and saying this does not meet the letter of the law but it does meet the intent, so Staff would recommend the changes. The City Council discussed that this needed to be done the right way, regardless of what was decided to ensure that everyone had the same understanding down the road. The next City Council would have the benefit of the minutes of all the meetings. A clarification was made that they were all speaking about a useable, private yard, not necessarily a rear yard, with 400 square feet of contiguous open space, 18' in any direction. On motion of Cm. Oravetz, seconded by Vm. Sbranti and by unanimous vote, the City Council voted not to adopt the resolution amending the City of Dublin General Plan and Eastern Dublin Specific Plan to Change the .Existing Medium Density Land Use Designations on the Croak and Jordan Properties to Medium-Low and Medium-Mid Density Designations. On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council directed Staff to prepare a report for the Planning Commission and City Council that included a General Plan Amendment that required within the Medium Density DUBLIN CITY COUNCIL MINUTES is VOLUME 27 `,~oc~, REGULAR MEETING 1~~~~~ October 7, 2008 ~~ '~ /// ~4GIFpR~1~ a7~~~ DRAFT Designation on the Croak and Jordan Properties, that 50% of units have a usable private yard; and in the PD define a private usable yard as an 18 foot x 18 foot contiguous area; and for the 50% of units that did not have a private yard, that they have a common area. Tri-Valley Transportation Development Fee (TVTDF) Update 8:27 p.m. 6.2 (590-80) Mayor Lockhart opened the public hearing. Traffic Engineer Jamie Bourgeois presented the Staff Report regarding the proposed update to the Tri-Valley Transportation Development Fee structure and hold a public hearing. Staff would present some revisions to the previously approved Resolution No. 167-08 and seek City Council approval of a revised resolution to adopt the fee structure. Mayor Lockhart asked if this item was being re-heard because of noticing issues. Ms. Bourgeois stated that was correct. 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 adopted RESOLUTION NO. 187 - 08 RESCINDING RESOLUTION 167-08, AND ADOPTING THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE PURSUANT TO THE REQUIREMENTS OF THE JOINT EXERCISE OF POWERS AGREEMENT DUBLIN CITY COUNCIL MINUTES is VOLUME 27 `~pEp~ REGULAR MEETING i~~~~~ October 7, 2008 ~~ '~" ~4GI1'L7R~~ a~ ~~.~+ DRAFT Amendment of Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) 8:33 p.m. 6.3 (560-90) Mayor Lockhart opened the public hearing. Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider amending the Dublin Municipal Code to provide smoke-free neighborhood parks and squares and to provide a 100-foot barrier around park recreation areas within the City's community parks. The City Council would also consider amending the Municipal Code to provide smoke-free City events. Cm. Oravetz asked if any Dublin residents had called the City to report someone smoking in City parks. If not, why was the City proposing this? Mr. Bradley stated he was not aware of any such calls. Cm. Hildenbrand stated this would give someone a sign they could point to if someone was smoking in a park and ask them to stop versus just saying their smoking was bothering them and could they please stop. Cm. Oravetz asked Police Commander Thuman if there had been any complaints of anyone smoking in City parks. Commander Thuman stated he did not recall any. Cm. Oravetz stated he did not think they needed to pass the law. It was not enforceable. It was restrictive. In his experience, there were not smoking issues at City parks. If there had been problems, he could see the need for these restrictions. Vm. Sbranti stated there were three options: status quo, an outright ban, or pass a 100 foot smoking restriction. He supported the City Council discussions regarding this issue at an earlier City Council meeting. Serena Chen, American Lung Association of California representative, stated one reason people did not complain about smoking in parks was because there were no laws against DUBLIN CITY COUNCIL MINUTES i6 VOLUME 27 `~oF~,~ REGULAR MEETING 1~~~~~ October 7, 2008 \~ '~ ~'1G/FOR~1~ DRAFT ~~~~ it. The way this could be enforced was with good signage. The American Lung Association supported this item. Rich Guarianti, Dublin Parks Commissioner, stated the Park Commission had looked at the risk. The 100 feet restriction did not seem reasonable for all parks. He had researched and some cities had restrictions of 25 feet and 50 feet. It would be difficult to distinguish 100 feet. How was the City going to enforce the 100 feet ban? You could not list all the details of the ban on a sign. Mayor Lockhart closed the public hearing. Cm. Hildenbrand stated she would like to see 100% smoke-free parks, but there was not a majority of the Council to support that. She supported the compromise which was brought forward today. Vm. Sbranti stated he would like to go forward with the item as it was. He supported the 100 foot ban on smoking in the larger City parks. Cm. Scholz stated she supported fewer laws but there had to be rules. Dublin was at the crossroads of I-580/680 where there was constant emitting of car exhaust. She could live with the 100 foot smoking ban. In addition to the smoking problem, she wished they could put more pressure on the powers that be about what was emitted by cars. Cm. Oravetz stated he agreed with the current law in Dublin which was smoking was prohibited in children's play areas and smoking was prohibited within a minimum of 25 feet from a playground or tot lot sandbox area. He promoted fairness, and believed the City should stay with its present laws regarding smoking in parks. He did not believe there were problems with smoking in parks. Mayor Lockhart stated that the Bay Area Air Quality Management District was concerned about the air quality issues Cm. Scholz had brought up. There were different people now in Dublin that came from an area where smoking was not an issue, and defining where they could smoke was not a bad thing. It helped them be good citizens and neighbors. What the City was telling citizens with the 100 foot ban was for them to move away to smoke. The City did not have to print all the details on every sign. While she would like to propose 100% no smoking in all parks, she agreed that there were families and groups that came to parks and did not want to limit the people that could use the parks. There had DUBLIN CITY COUNCIL MINUTES i~ VOLUME 27 `~OFDUR, REGULAR MEETING i~~~~s~ October 7, 2008 `~ '~ /~ ~`1GIF'OR~~ DRAFT l~ to be some accommodation for smokers. They also paid taxes. She supported the ordinance as recommended. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by majority vote (Cm. Oravetz voting no), the Council waived the reading and INTRODUCED an Ordinance Amending Chapter 5.56 of the Dublin Municipal Code Relating to Smoking Pollution Control. UNFINISHED BUSINESS Smoke-Free Multifamily Dwelling Taskforce Recommendation 9:07 p.m. 7.1 (560-90) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would review the recommendations from the Smoke-Free Multifamily Dwelling Taskforce (Taskforce) and from the Housing Committee regarding a proposal to establish a percentage of the City's apartment rental housing units as nonsmoking and the establishment of other multifamily smoking related policies for application at the City's apartment rental housing complexes. Serena Chen, American Lung Association of California representative and Director of the Smoke Free Housing Project and Smoke-Free Multifamily Dwelling Taskforce member, thanked City Staff for their work with the Committee. She stated that the City of Belmont was able to get their ordinance passed because Dublin had taken the lead in making second hand smoke a nuisance. People wanted to live in a place where they were not breathing in second hand smoke. The American Lung Association would offer to have workshops for tenants. Timothy May, Rental Housing Owners Association/California Apartment Association representative and Smoke-Free Multifamily Dwelling Taskforce member, stated the Taskforce was charged with finding ways to implement a program to address some of the smoking concerns that were brought to the City Council. He thanked Staff for their hard work. What was before the Council was a product of substantive compromise. It allowed folks in his industry to sit down and see if this would work. It allowed the stakeholders to DUBLIN CITY COUNCIL MINUTES is VOLUME 27 ~~~~~ REGULAR MEETING i;~~~~~ October 7, 2008 ~\ ~ /~ DRAFT ~~ ~~~ see what was on each other's minds and try to understand each other. The Rental Housing Owners Association was ready to see what they could do to implement this program. Bruce Fiedler, Smoke-Free Multifamily Dwelling Taskforce member, congratulated the City on its interest in protecting public health in this community. The recommendations of the Taskforce were a compromise of its members. He would have liked to have seen higher required percentages for smoke free apartments, but these percentages were the result of a desire to achieve unanimous approval amongst the Taskforce members. Mayor Lockhart stated that she was surprised with the numbers. But this was a just a first step. The Council would see if it was going to provide a large number of the City's residents the freedom from second hand smoke. She hoped by the time the City got around to an annual report, apartment owners would report they had better results than expected. If these were the compromise numbers brought forth by the Taskforce, she supported them, but hoped the percentages were raised in the future. Cm. Oravetz and Cm. Scholz stated they both supported the Mayor' comments. Cm. Hildenbrand asked how many communities could say they had a Taskforce that involved all the Stakeholders in the community. The City had buy-in. The numbers could be higher, but they had come to a compromise. She would like to see a report in a year of how things were moving forward. She could live with these numbers. She liked the additions the Housing Committee had added. Mr. Bradley stated there was an annual report presentation requirement to the City Council already in the report. Mr. May stated he would like to see the plan as presented, a four year plan. The Mayor stated she would like to see a progress report in a year, not make changes to the plan until the suggested 24 months. The City Council reviewed the Objectives and recommendations made by the Taskforce and Housing Committee, and took a straw vote on each Objective as follows: Objective 1: Definition of amulti-family unit; City Council approved as recommended by the Taskforce. DUBLIN CITY COUNCIL MINUTES i9 VOLUME 27 ~~o~DUB~ REGULAR MEETING i~~~;~ October 7, 2008 ~~ ~ /~ ~~ ~~s DRAFT ~~ 3~ Objective 2: Requirement of apartment complexes to disclose to prospective tenants the number and location of any smoke-free units within a complex, location of any smoking areas, and any procedures for addressing smoking related complaints; City Council approved as recommended by the Housing Committee. Objective 3: Prohibition of smoking in outdoor common areas of multifamily swellings and the creation of outdoor areas in which smoking would be allowed; City Council approved as recommended by the Taskforce. Objective 4: Recommendations on any buffer zones around smoke-free multifamily units; City Council approved as recommended by the Housing Committee. Objective 5: Recommendation on the percentage of units in new and existing multifamily rental residences that would be designated as smoke-free; City Council approved as recommended by the Housing Committee, with the addition of a first year annual report. Objective 6: Recommendations on the process for incorporating smoke-free units that are currently occupied by a smoker; City Council approved as recommended by the Housing Committee, with the addition of wording "as long as landlord has complied with the Ordinance". On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the City Council directed Staff to prepare a draft Ordinance for City Council's future consideration that included the recommendations from the Smoke-Free Multifamily Dwelling Taskforce and Housing Committee, as noted above. NEW BUSINESS -None DUBLIN CITY COUNCIL MINUTES ao VOLUME 27 ~°~ W REGULAR MEETING 19,~C~~~~ October 7, 2008 \~ '(-~ Gcroe~~ DRAFT .+~,~ tee? „~_.~.4 ~~~ mow..°• """"''~~~~""~~~ 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) 9:45 p.m. City Manager Joni Pattillo reminded the City Council of the Pharmaceutical Take Back Program at Dublin San Ramon Services District on October 10, 2008, 1:00 p.m. to - 5:00 p.m. The Tri-Valley Housing Opportunity Center was hosting two financial educational classes on October 15 and October 22 at the Pleasanton Senior Center. Cm. Scholz stated she had attended the Devany Square and Piazza Sorrento grand openings. Cm. Hildenbrand stated she attended the Day on the Glen and enjoyed speaking to the public. She attended the League of California Cities Annual Conference in Long Beach. She had attended interesting sessions about green living and healthy cities. She also attended the East Bay Division League breakfast and was now the second vice president of the Division. She attended the park dedications. Vm. Sbranti stated he had also attended the park dedications, Day on the Glen, the Chamber mixer, the Lions 42nd annual steak bar-b-que dinner and the Rotary's lobster feed. This weekend would be homecoming weekend at Dublin High and the parade would be Friday afternoon. Mayor Lockhart stated she attended the Day on the Glen. It was a nice multicultural event; very exciting. The event with Camp Parks was very nice. She also attended the League's event in Long Beach. She had taken Justin Minor who had served on the Youth Health Initiative, and he even met some of the judges of the Helen Putnam Award given for the Initiative. The park dedications were both wonderful and fun. She attended the lobster feed. The Mayor attended the Walk to School event at Murray Elementary School. DUBLIN CITY COUNCIL MINUTES a i VOLUME 27 G~`~oeo~,~~ REGULAR MEETING ~9'~~~'~ October 7, 2008 ~\ ~ ~~ ~4L/FOR~~` DRAFT ADJOURNMENT 10.1 ~~~ ~ ,~ There being no further business to come before the Council, the meeting was adjourned at 9:55 p.m. in memory of our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES as VOLUME 27 G~~~~ REGULAR MEETING ~ 19,~~~~~ October 7, 2008 ~ ~,~j