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HomeMy WebLinkAbout4.01 Draft 11-17-2009 CC MinDRAFT of DU~~~ MINUTES OF THE CITY COUNCIL ,`~ OF THE CITY OF DUBLIN -- ~ ~ 82 REGULAR MEETING -November 17, 2009 ,~~/// _t~. CLOSED SESSION The Closed Session was held at the end of the Regular Meeting. A regular meeting of the Dublin City Council was held on Tuesday, November 17, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: None PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ORAL COMMUNICATIONS Mayor Sbranti stated that Item 3.6 would be heard first in Oral Communications. Presentation By Nancy E. O'Malley, District Attorney for Alameda County 7:20 p.m. 3.1 (130-60) Nancy E. O'Malley, District Attorney for Alameda County, made a presentation on the Alameda County District Attorney's Office. She spoke of budget concerns, branch offices, and Victims' Rights. Cm. Hart asked if the District Attorney had seen the model for the new Justice Center in Dublin. Ms. O'Malley stated yes, she had been part of the project since its inception. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~,~o~DU REGULAR MEETING ~,; ~~~ November 17, 2009 '~~~~~/~ ~,~a~ DRAFT The City Council received the presentation. Proclamation Recognizinq Maior Eric Boettcher 7:36 p.m. 3.2 (610-50) ,.~ -' ~. .~ , The City Council presented a proclamation to Cindy Leung of Wells Middle School for Major Eric Boettcher for his duty to our country and his contribution to the Mosel Reconstruction Operations Center (MROC) in Iraq. He worked with Wells Middle School students in collecting school supplies for students in Iraq. Proclamation Recognizinq National Family Week 7:41 p.m. 3.3 (610-50) The City Council presented a proclamation to Claudia Ambrose, Dublin resident, proclaiming November 22-28, 2009, as National Family Week. Ms. Ambrose thanked the City Council for the proclamation. Business Anniversary Awards and Recognition of StopWaste Partnership Business Efficiency Awards to Carl Zeiss Meditec and Save Mart Supermarkets 7.46 p.m. 3.4 (470-70) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that in 2007, the City Council instituted a Business Recognition Program, which was to acknowledge, among other things, significant business anniversaries (10, 20 and 30 years) in the City of Dublin. Businesses celebrating 20- and 30-year anniversaries were to be formally recognized at City Council meetings in May and November of each year. In addition to recognizing business anniversaries, the City also wished to recognize two Dublin businesses -Carl Zeiss Meditec and Save Mart Supermarkets for receiving the StopWaste Partnership Business Efficiency Award. The City Council formally recognized the business anniversaries, as well as, Carl Zeiss Meditec and Save Mart Supermarkets for winning the StopWaste Partnership Business Efficiency Award. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 ~~~oF~, REGULAR MEETING ,,; ~~``~~ November 17, 2009 '~~~~~//~ ~,~a~ ~~ DRAFT ~ ~~ ~~~~ ~~ Recognition of the Participants of the 2009 City of Dublin 101 Academy 7:55 p.m. 3.5 (150-80)) The City Council recognized the 2009 Dublin 101 Academy participants and presented them with a certificate of recognition. i Presentation to City Council by Speed Demonz Robotics Team 7:11 p.m. 3.6 (130-40) Students from Green Elementary and Fallon Middle School presented a skit regarding their solution to possible City storm drain contamination. The City Council received the presentation. Public Comments 8:05 p.m. 3.7 No comments were made by any member of the public at this time. CONSENT CALENDAR 8:06 p.m. Items 4.1 through 4.6 On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes Regular Meeting of October 20, 2009; Adopted (4.2 600-35) RESOLUTION NO. 162 - 09 AWARDING CONTRACT NO. 09-11, FISCAL YEAR 2009-2010 ADA CURB RAMP INSTALLATION PROGRAM TO FBD VANGUARD CONSTRUCTION, INC. DUBLIN CITY COUNCIL MINUTES VOLUME 28 G~~pFpU~9 REGULAR MEETING 19,~C~~~~ November 17, 2009 `~ Gt~FOR~s 3 DRAFT ~.~' ~ `a~ ~' ;4 ~. Adopted (4.3 600-30) RESOLUTION NO. 163 - 09 APPROVING THE SECOND AMENDMENT TO THE PCS SITE AGREEMENT (SHANNON PARK 11600 SHANNON AVENUE) Adopted (4.4 450-20) ORDINANCE 15 - 09 AMENDING ZONING ORDINANCE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), CHAPTER 8.76 (OFF STREET PARKING AND LOADING), CHAPTER 8.116 (ZONING CLEARANCE), CHAPTER 8.132 (NOTICE AND HEARING) AND THE CREATION OF TWO NEW CHAPTERS: 8.70 (RECREATIONAL FACILITIES (INDOOR)) AND 8.102 (MINOR USE PERMIT) RELATING TO INDOOR RECREATIONAL FACILITIES ZOA 09-002 Adopted (4.5 600-40) RESOLUTION 164 - 09 APPROVING THE BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT BETWEEN THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY AND THE CITY OF DUBLIN Approved (4.6 300-40) the Warrant Register in the amount of $2,157,545.33. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Vacation of the Westernmost Portion of Scarlett Court 8:06 p.m. 6.1 (820-10) Mayor Sbranti opened the public hearing. Public Works Manager Steven Yee presented the Staff Report and advised that the City Council was being asked to consider adopting a resolution vacating the westernmost portion of Scarlett Court. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 28 l~aF~B REGULAR MEETING i;~~~,~ November 17, 2009 ~~ ~ //~ C''1G/FOR~~ DRAFT y.~ ~~ ~~ Cm. Hart asked how this street vacation would affect the City's Eternal Ribbon gateway feature. What was the current plan now and what could be anticipated if the street vacation were approved? Mr. Yee stated the contractors were currently using the southeast corner of Dublin and Dougherty as a staging area. Access was currently off of Scarlett Court. The sidewalk on the east side of the gateway feature would be maintained. Cm. Hart asked what was the initial intent of the site of the Eternal Ribbon? Would it just be viewed by driving by? Would there be benches at the site? Vm. Hildenbrand stated the Eternal Ribbon was not meant to be a park feature. Public Works Director Melissa Morton stated there were approximately 60,000 cars a day going through that intersection. The gateway feature was meant to be most visible to the vehicles that entered Dublin at that location. Cm. Hart asked what would be the purpose of the most western portion of the area to be vacated? Assistant City Manager Chris Foss stated that at this time, Staff had not made a determination as to the possible use of the vacated land. It was surrounded by an owner to the west and east. Both sides were owned by Dublin Honda. Cm. Hart asked if Staff anticipated that the property owner, Dublin Honda, would be interested in the vacated land to extend its property line. City Manager Pattillo stated that was a great probability that was the case but the City needed to go through this process to have that discussion. Cm. Hart stated he was not sure there should be cars for sale leading up to the Eternal Ribbon. Assistant City Manager Chris Foss stated the parcel to the south of the Eternal Ribbon site was owned by Dublin Honda. They had not come before the City Council to put any cars there at this point in time. Vm. Hildenbrand stated that she had been concerned that this area would need to be landscaped. Mr. Foss stated that if Dublin Honda did come forward with plans for that area, Staff would request that the land be heavily landscaped. Mayor Sbranti stated the Eternal Ribbon was intended as a gateway feature, not a park. Cm. Hart asked what prompted this proposal. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~pFppB REGULAR MEETING 1;~C~j~~~ November 17, 2009 ~~ ~4GIFpR~~ DRAFT 33 ~Sq Mr. Yee stated traffic flow was low at the intersection and it was an opportunity to vacate the land. Mayor Sbranti stated even though the signage in the area was excellent, it was still an awkward area in terms of traffic. Vm. Hildenbrand asked if the vacation had been planned for a while. City Manager Pattillo stated it was an opportunity for the City to clean it up. Cm. Biddle stated the City was converting Scarlett Court into a true court, where the main access would be Scarlett Lane. Mayor Sbranti asked what else could be done with the property. City Manager Pattillo stated Staff could come back with different considerations. In response to a question regarding the origin of this vacation, it started when the City purchased the 84 Lumber property for the City's Corporation Yard. There was discussion about closing the street and taking a look at Scarlett Court in its total. This was how the discussion initially starting internally with Staff regarding maximization of the area. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Cm. Hart stated he was in agreement with the vacation concept. The problem would be who would want the property other than Dublin Honda. It would not give the City any leverage for landscaping it if it were sold. Cm. Biddle stated one of the advantages was that the City owned and maintained a piece of roadway that was no longer necessary. It created a bit of a traffic hazard where it intersected Dublin Boulevard. Vm. Hildenbrand stated it was not awell-used road. In regard to the gateway feature, when the artwork had been presented, it was clear that Dublin Honda was right behind the art piece selected. She understood Cm. Hart's concerns. It made sense to vacate that piece of land. Mayor Sbranti stated the road had outrun its usefulness and it was also a safety issue. He asked if the City would have leverage on how it could be used. City Attorney Bakker stated the City could ask for certain conditions on how the land could be landscaped and screened. Secondly, there would need to be a Site Development Review and in that context, the City would have the ability to control the interface with Dougherty Road and any other issues the City Council had concerns about. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 `~OFDp REGULAR MEETING 19, ~~ November 17, 2009 ~~~~~//~ `~GIFOR~ DRAFT ~ ~~~ Community Development Director Jeri Ram stated Staff would be returning to the City Council to request a General Plan Amendment study for all the vacated property on Scarlett Court if the City Council approved the vacation. Cm. Hart asked what happened if the land was vacated and no one wanted to purchase it. Also could it be purchased for the purpose of being a private road? Was the City Council mandating, by vacating it, that it would not be a road? Mr. Bakker stated that if it were sold and someone wanted it to be a private road, it could be done. The City would still have to approve that. If there was not a buyer for the property, the City could reconsider its options. Mayor Sbranti stated If Honda did purchase the property, they might improve the property. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 165 - 09 VACATING THE WESTERNMOST PORTION OF SCARLETT COURT Vacation of the Easternmost Portion of Scarlett Court 8:31 p.m. 6.2 (820-10) Mayor Sbranti opened the public hearing. Public Works Manager Steven Yee presented the Staff Report and advised that the City Council was being asked to consider adopting a resolution vacating the easternmost portion of Scarlett Court Mayor Sbranti asked if the City vacated this property, would it then be owned by the City. City Attorney Bakker stated the City would be abandoning the publics' right to use it as a public street. Guy Houston, representative for Volkswagen car dealership, asked if there would still be pedestrian access to BART through this court. Mr. Yee stated there presently was access to BART but it was not legal pedestrian access. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES z VOLUME 28 ~OFDp REGULAR MEETING 19,`~ ~~ November 17, 2009 `~~~~~ '1GlFOR~l DRAFT 35~ ~ City Manager Pattillo stated that there would be no BART access if this road was vacated. It was never an official entrance way to BART. Cm. Hart asked how people were using the access to BART. Were they walking around a fenced area? Mr. Foss stated that people were walking into a cul-de-sac, and around a fence to BART. The parking would go away on the cul-de-sac. Cm. Hart asked if people would be prevented from having access to BART. Mr. Foss stated that was correct. It would be part of the City's Corporation Yard and would be fenced off for security reasons. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 166 - 09 VACATING THE EASTERNMOST PORTION OF SCARLETT COURT Introduction of Ordinance Amending Chapter 2.28 of the Dublin Municipal Code 8:45 p.m. 6.3 (630-20) Mayor Sbranti opened the public hearing. City Attorney John Bakker presented the Staff Report and advised that the City Council would consider whether to introduce an Ordinance amending Chapter 2.28 of the Dublin Municipal Code relating to Campaign Finance. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council waived the reading and introduced an Ordinance Amending Chapter 2.28 of the Dublin Municipal Code Relating to Campaign Contributions. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 28 0~~ REGULAR MEETING 19,,~~~ ,~ November 17, 2009 ~~~'~~j// ~~FOa~ DRAFT ,fib o~ 5~ Introduction of Ordinance Amending Dublin Municipal Code Chapters 2.08 (City Council), 2.12 (Planning Commission), 2.16 (Parks and Community Services Commission), 2.18 (Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness) 8:47 p.m. 6.4 (660-60) City Attorney John Bakker presented the Staff Report and advised that the consider minor changes to Title 2 of the Dublin Municipal Code related to Council), 2.12 (Planning Commission), 2.16 (Parks and Community Services (Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness). Mayor Sbranti opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. City Council would Chapters 2.08 (City Commission), 2.18 On motion of Cm. Biddle, seconded by Cm. Scholz and by unanimous vote, the City Council waived the reading and introduced an Ordinance Amending Chapters 2.08 (City Council), 2.12 (Planning Commission), 2.16 (Parks and Community Services Commission), 2.18 (Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness) of the Dublin Municipal Code. UNFINISHED BUSINESS Presentation of a Traffic Signal Warrant and Operations Study For the Intersection of Amador Vallev Boulevard/Brighton Drive 8:50 p.m. 7.1 (590-40) Director of Public Works Melissa Morton presented the Staff Report and advised that Staff had completed work on the City Council's High Priority Goal, "Study need for signalizing Brighton and Amador Valley Boulevard". Based on a thorough review of site conditions compared against industry standard published signal warrants, conditions suggested that the installation of a traffic signal was justified. As such, this item sought City Council direction to establish a Capital Improvement Project (CIP) for Fiscal Years 2010-2011 and 2011-2012 to design and construct a traffic signal at Amador Valley Boulevard/Brighton Drive. Cm. Hart asked if on Brighton, was there any possibility of restricting the traffic during peak times for the daycare center, but allowing access for the right-hand turn at other times. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~,~oFOr,~ REGULAR MEETING 1~~~;~ November 17, 2009 ~~ ~'1G/FOR~~ DRAFT `3~ ~ ~'~ Ms. Morton stated the City has spoken to the Consultant that conducted the study and there was no appreciable benefit to the level of service by creating a right turn lane. It could be considered an interim measure before the signal was put in. Cm. Hart asked if that meant it would not make a difference. Ms. Morton stated that was correct. There might be a short term benefit before the signal was put in, but there would be no long-term benefit. Cm. Hart asked if that intersection was an acceptable place for a U-turn. Ms. Morton stated it was too early to determine that. That would need to be examined during the design of the intersection. Cm. Biddle stated the study referenced the stop signs at Amador and Penn. Would the traffic light affect that flow? Ms. Morton stated a traffic signal would not cause traffic problems. Vm. Hildenbrand asked if the proposed stoplights would be facing any homes and cause homeowners any issues. Ms. Morton stated they might notice the light in the beginning. LED lights were very bright straight on, but not very bright in terms of ambient light. City Manager Pattillo stated Staff would review the impact of the lights on homes in the area. The City Council and Staff discussed the timing of signals on Amador Valley Boulevard. Cm. Biddle asked if the light could be installed during the summer months while school was out. City Manager Pattillo stated that she would coordinate with the Dublin Unified School District. Staff would come back to the City Council with a design component with a better idea of when construction would start. Cm. Hart asked Staff if the listing of residents in the Staff Report could be inserted without putting names and addresses in the Staff Report. Randy Frazier, Dublin resident, stated in the morning traffic in that area was incredible. Where was the traffic coming from? Were they cutting through the City avoiding the 580/680 interchange? He supported the idea of the signal. Don Krekorian, Dublin resident, asked if there could be a restriction on right turns from Amador Valley Boulevard onto Brighton Drive from 7:00 a.m. through 9:00 a.m. and from making a left turn DUBLIN CITY COUNCIL MINUTES ~o VOLUME 28 G`~~OFDpB~ REGULAR MEETING 19,~~~,~ November 17, 2009 ~~ ~iFOe~'m DRAFT ~~ ~~ ~~j from Brighton Drive onto Amador Valley Boulevard from 2:00 p.m. through 4:00 p.m. It would eliminate some of the traffic flow. Leonard De Stefano, Dublin resident, stated that the lights at Stagecoach were very bright even where he lived at Amador Valley Boulevard and Brighton Drive. There were other ways to divert the traffic. He was disappointed that no one went out to see what the situation was. The Planning Commission did not know there was a green zone on the side of the day care center on Brighton. City Manager Pattillo stated this item was to set a CIP for the design and construction of the traffic signal. There was still more work that needed to be done. The pros and cons would be considered during the design stage. There would be multiple opportunities for community input on this item. On motion of Mayor Sbranti, seconded by Cm. Biddle and by unanimous vote, the City Council directed Staff to establish a new CIP starting in Fiscal Year 2010-2011 to design and construct a traffic signal at the intersection of Amador Valley Boulevard and Brighton Drive. Fiscal Year 2010-2011 Goals & Objectives and Budget Process: New Dates 9:21 p.m. 7.2 (100-80) Senior Administrative Analyst Amy Cunningham presented the Staff Report and advised that the City Council would be asked to confirm newly proposed dates for the Fiscal Year 2010-2011 Goals and Objectives and Budget Process. The City Council confirmed the dates for the City Council and Commission Workshop to be held on January 23, 2010 from 9:00 to 11:00 a.m. and the Goals & Objectives/Budget Study Session to be held on Wednesday Feb 24, 2010, at 6:00 p.m. NEW BUSINESS Sales Tax Reimbursement Agreement with 6450 Motors LLC 9:26 p.m. 8.1 (600-30) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that in January 2009, City Council adopted the Sales Tax Reimbursement Program as one way to stimulate economic investment in Dublin. Representatives of 6450 Motors LLC, the operators of the new Hyundai dealership in the City of Dublin, requested participation in the Sales Tax Reimbursement Program in August 2009 to assist them with the substantial tenant improvements for 6015 Scarlett Court valued at $670,000. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 28 G~~o~~e~ REGULAR MEETING 19,~(~~,~ November 17, 2009 ~~ ~'r~l~~~l~` DRAFT .3~ ~ 5~~ Cm. Biddle asked if the proposed improvements would still go through the City approval process. Ms. Maurer stated that was correct. Guy Houston, representative for 6450 Motors LLC, thanked the City Council for the program. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 167 - 09 APPROVING AN AGREEMENT FOR REIMBURSEMENT OF SALES AND USE TAX REVENUE WITH 6450 MOTORS LLC RELATING TO IMPROVEMENTS TO BE PERFORMED ON A PROPERTY LOCATED AT 6015 SCARLETT COURT •~ Branding and Promotions Plan for Annual St. Patrick's Day Celebration 9:31 p.m. 8.2 (950-40) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council would consider the proposed branding and promotions plan for the Annual St. Patrick's Day Celebration. The City Council approved the tag line of "Where Else But Dublin", the leprechaun as the logo, and posters for the event. Elected Official Summit 9:49 p.m. 8.3 (100-80) City Manager Joni Pattillo presented the Staff Report and advised that one of the City Council's High Priority goals for Fiscal Year 2009-2010 was to explore the feasibility of creating an annual Elected OfFicials Summit (Summit). This report would give a status update of that goal. Mayor Sbranti asked that Disaster Preparedness be placed on the agenda. Vm. Hildenbrand asked that Recycling and Diversion rates also be placed on the agenda. The City Council provided direction to Staff to pursue a date in late March 2010 as a date for the Summit; appointed Cm. Hart and Mayor Sbranti to work on the Summit Steering Committee and to include the appointed officials of the agencies. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 28 G~~OFpU~~Z REGULAR MEETING 19,~~~,~ November 17, 2009 ~~ ~ /~ ~~¢ ~~ DRAFT r" t~ 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) 10:01 p.m. Cm. Biddle stated he attended the Fire Fighters 101 event, the Home Town Heroes Event, and the National League of Cities Conference in San Antonio. He also attended the Dublin Elementary Walk and Roll program. He had presented a proclamation to Major Boettcher at Wells Middle School. Vm. Hildenbrand stated she attended the Dublin San Ramon Services District (DSRSD) -City of Dublin Liaison meeting, and the Livermore Amador Valley Transit Authority Legislative Committee Meeting. Cm. Scholz stated she participated in music sessions at Murray School, and she met with the Ad Hoc Communications Committee. She congratulated the Dublin 101 graduates. Cm. Hart stated he attended the Ad Hoc Communications Committee meeting. Mayor Sbranti stated he attended the DSRSD Liaison meeting, a meeting for the Tri-Valley Regional Rail, the Hometown Heroes Event, and a Veteran's Luncheon at Dublin High School. 10:18 p.m. The City Council convened to Closed Session regarding: Conference with Legal Counsel---Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case. Facts and Circumstances: Government Code section 54956.9(b)(3)(A). REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session DUBLIN CITY COUNCIL MINUTES 13 VOLUME 28 ~~oF~~ REGULAR MEETING 1;~~~;~ November 17, 2009 ~~ ~ ~~ ~~~ ass DRAFT ADJOURNMENT 10.1 ~~ There being no further business to come before the City Council, the meeting was adjourned at 10:40 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk .,.. (`~-,.. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 28 ~ REGULAR MEETING 19;~~~~ ,~ November 17, 2009 ~~~~j ~~~~