HomeMy WebLinkAbout12-15-2009 Adopted CC Min/OF DU~~~ MIN OF THE CITY OFF DUBOUN CIL
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., , ~'~~. g~ REGULAR MEETING -December 15, 2009
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CLOSED SESSION
A closed session was held at 6:32 p.m., regarding:
CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
Government Code section 54956.9, subdivision (a)
Name of Case: City of Dublin v. PKII Dublin Retail Center L.P. et al, Alameda County Superior
Court, Case No. RG08390521
A regular meeting of the Dublin City Council was held on Tuesday, December 15, 2009, in the
Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by
Mayor Sbranti.
ROLL CALL
PRESENT: Cms. Biddle, Hart, Hildenbrand and Mayor Sbranti.
ABSENT: Cm. Scholz
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the City Council, Staff and those present.
REPORT ON CLOSED SESSION ACTION
Mayor Sbranti stated there was no reportable action during Closed Session.
DUBLIN CITY COUNCIL MINUTES ~
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ORAL COMMUNICATIONS
Amador Lakes Community of the Year and
Ki Hwana Community Manager of the Year Proclamation
7:06 p.m. 3.1 (610-50)
The City Council presented a proclamation to the Amador Lakes Apartments, 2009 Community
of the Year and to Ki Hwang, Amador Lakes Apartments Manager, the 2009 Community
Manager of the Year as recognized by the Rental Housing Owners Association of Southern
Alameda County and the California Apartment Association.
Public Outreach Program by the Dublin Unified School District
7:09 p.m. 3.2 (515-20)
Dr. Stephen Hanke, Dublin Unified School District Superintendent, presented a PowerPoint
presentation highlighting and promoting Dublin High School. School Board President, David
Haubert, Dublin High School Principal, Carol Shimizu and students also spoke regarding Dublin
High School's achievements in college preparatory curriculum, enrollment and recent completed
construction projects.
Public Comments
7:31p.m. 3.3
James Morehead, parent of a Dublin High School student, spoke on behalf of
www.onedublin.org, an organization founded by parents, which serves as a liaison to the Dublin
Unified School District Board.
CONSENT CALENDAR
7:35 p.m. Items 4.1 through 4.9
On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz
absent), the City Council took the following actions:
Approved (4.1) Minutes -None
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Adopted (4.2 600-60)
ORDINANCE NO. 18 - 09
PREZONING THE DUBLIN RANCH NORTH ANNEXATION AREA TO THE PLANNED
DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 1 AND STAGE
2 DEVELOPMENT PLAN PA 08-045
and
ORDINANCE NO. 19 - 09
APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN RANCH NORTH BETWEEN
THE CITY OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN
APN: 985-0028-003-02 PA 08-045
Accepted (4.3 390-20) the Annual Report of Developer Impact Fee Funds for the Year Ended
June 30, 2009; and adopted
RESOLUTION NO. 178 - 09
MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION CONTRIBUTIONS
FOR FISCAL YEAR 2008-2009
Adopted (4.4 350-20)
RESOLUTION NO. 179 - 09
WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF
TO PURCHASE SPECIALIZED POLICE VEHICLES DIRECTLY FROM VENDOR
Adopted (4.5 600-40)
RESOLUTION NO. 180 - 09
APPROVING A CONSORTIUM FUNDING AGREEMENT WITH THE COUNTY OF ALAMEDA
FOR THE PURPOSE OF IMPLEMENTING THE NEIGHBORHOOD STABILIZATION
PROGRAM -PHASE 2 IN THE ALAMEDA COUNTY CONSORTIUM
DUBLIN CITY COUNCIL MINUTES 3
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Adopted (4.6 600-60)
RESOLUTION NO. 181 - 09
APPROVING PARCEL MAP 9827 AND TRACT IMPROVEMENT AGREEMENT PARCEL
MAP 9827, FALCON GATEWAY
Adopted (4.7 600-60)
RESOLUTION NO. 182 - 09
APPROVING FINAL MAP FOR TRACT 8034, NEIGHBORHOOD "B2"
POSITANO/FALCON VILLAGE
and
RESOLUTION NO. 183 - 09
RECORDING A TRANSFER OF COMMUNITY PARKLAND CREDITS ORIGINALLY
CALCULATED IN CITY COUNCIL RESOLUTION 58-08
and
RESOLUTION NO. 184 - 09
ACCEPTING PARKLAND DEDICATION CREDITS FOR PARKLAND DEDICATION
REQUIREMENTS FOR TRACT 8034
Adopted (4.8 600-30)
RESOLUTION NO. 185 - 09
APPROVING THE SELECTION OF WILLDAN FINANCIAL SERVICES, INC.
TO UPDATE EASTERN DUBLIN FISCAL ANALYIS
Approved (4.9 300-40) the Warrant Register.
WRITTEN COMMUNICATIONS -None
PUBLIC HEARINGS
Alameda County East County Hall of Justice (ECHOJ)
Site Development Review Amendment and CEQA Addendum, PA 02-030
7:35 p.m. 6.1 (410-30/400-20)
Mayor Sbranti opened the public hearing.
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Ms. Kristi Bascom of Plan B Consulting, presented the Staff Report and advised that the original
East County Hall of Justice (ECHOJ) Site Development Review approval was granted by the
City Council in November 2004 (City Council Resolution 220-04). Since that time, Alameda
County had reassessed their needs for the facility and had redesigned the project. Overall, the
project site remained the same, although the building placement was slightly different due to the
change in building footprint and configuration. All concerns related to the November 16, 2009,
Joint City Council and Planning Commission Study Session had been addressed.
No testimony was received by any member of the public relative to this item.
Cm. Hart expressed concern of visibility of the berm exit to Santa Rita Road as it relates to the
security from recently released inmates from Santa Rita Jail.
Alameda County Representative Jim Kachik clarified the location of the berm in question and
thanked the City Council for the opportunity to have the Study Session which clarified all issues
prior to the presentation.
Mayor Sbranti closed the public hearing.
On motion of Cm. Biddle, seconded by Cm. Hart and by unanimous vote (Cm. Scholz absent),
the City Council adopted
RESOLUTION NO. 186-09
CERTIFYING THAT THE CITY COUNCIL REVIEWED AND CONSIDERED THE CEQA
ADDENDUM FOR THE EAST COUNTY HALL OF JUSTICE DATED NOVEMBER 30, 2009
PA 02-030
and
RESOLUTION NO. 187- 09
APPROVING PA 02-030, A SITE DEVELOPMENT REVIEW AMENDMENT TO CONSTRUCT
A 196,219 SQUARE FOOT BUILDING COMPRISED OF COURTROOMS, OFFICES, AND
ASSOCIATED FACILITIES ON 21.77 ACRES LOCATED ON THE NORTH SIDE OF
GLEASON DRIVE BETWEEN MADIGAN ROAD AND ARNOLD DRIVE, AND APPROVING
THE ASSOCIATED AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF
ALAMEDA REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE
EAST COUNTY HALL OF JUSTICE
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Introduction of Ordinance Repealing Current Chapter 5.104
and Adding New Chapter 5.104 to the Dublin Municipal Code
Related to Newsracks, Addressing the Installation of City-Owned Newsracks
7:54 p.m. 6.2 (660-60)
Mayor Sbranti opened the public hearing.
Public Works Director Melissa Morton presented the Staff Report and advised that the City
Council would consider an Ordinance repealing current Chapter 5.104, Newsracks, and adding
Chapter 5.104, Newsracks, of the Dublin Municipal Code to address the City's plan to move to a
system of City-owned newsracks. In the first phase of the program, privately-owned newracks
on Dublin Boulevard would be replaced by newracks purchased by the City with grant funds.
The City would take responsibility for repairing and maintaining the City-owned newracks. In
future phases, the City would replace all remaining privately-owned newracks located in public
rights of ways with City-owned and maintained newracks.
No testimony was received by any member of the public relative to this issue.
Cm. Biddle inquired on the availability of other options as opposed to the specific models of
newracks being presented.
Ms. Morton responded as the demand for publications changed, the newracks could also be
modified.
Mayor Sbranti closed the public hearing.
Cm. Hart commented on the practicality of this project due to the likelihood of hardcopy media
being eliminated as opposed to electronic media online availability.
City Manager Pattillo stated that the first phase of this project was fully funded through grant
funding. Subsequent phases would be fiscally re-evaluated.
Vm. Hildenbrand commented on the benefit of the beautification element that this project offered
Dublin Boulevard.
Mayor Sbranti stated that this was a benefit for not only for the City but for all publications
showcasing.
On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz
absent), the City Council introduced an Ordinance Repealing current Chapter 5.104 of the
Dublin Municipal Code related to Newsracks and Adding Chapter 5.104 relating to Newsracks;
and adopted
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RESOLUTION NO. 188 - 09
AMENDING RESOLUTION 49-06 TO REVISE THE ADOPTED FEE SCHEDULE AND ADD A
PERMIT FEE FOR LOCATING WITHIN ACITY-OWNED NEWSRACK
Public Hearing: Review of
Engineering Survey Results and Establishment of Speed Limit for Dougherty Road
8:06 p.m. 6.3 (590-20)
Mayor Sbranti opened the public hearing.
Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that this was the first
reading of a proposed ordinance which would establish a new speed limit of 40 mph on
Dougherty Road between Scarlett Drive/Park Sierra and Dublin Boulevard, since an updated
engineering and traffic survey supports a speed limit other than what was currently posted.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Cm. Biddle stated the speed limit would be consistently 40 mph along this stretch of Dougherty
Road which seemed appropriate to make the change in speed limit.
Cm. Hart commented this was an administrative change that assisted the Dublin Police Services
in effectively doing their job at this specific location.
On motion of Vm. Hildenbrand, seconded by Cm Hart and by unanimous vote (Cm. Scholz
absent) the City Council introduced an Ordinance amending the Dublin Traffic Code to Establish
a New Speed Limit on Certain Portions of Dougherty Road (Scarlett Drive/Park Sierra to Dublin
Boulevard).
UNFINISHED BUSINESS
Dublin Transit Center Public Art Project Update
8:10 p.m. 7.1 (600-30)
Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that
the City Council had a high priority objective for Fiscal Year 2009-2010 to "Work with the
developer to locate significant works of art in two key places of the Dublin Transit Center, the
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Campbell Green and the Iron Horse Plaza". The City Council received an update on the Transit
Center Public Art Project.
On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz
absent), the City Council accepted an offer from Avalon Bay Development to contribute $50,000
for artwork for the median strip adjacent to Campbell Green; directed Staff to include conditions
related to the artwork contribution in the Development Agreement for the Avalon Bay Site C
project; and prepared an amendment to the Agreement with artist Cliff Garten to delete the
requirement to prepare a design for the median strip adjacent to Campbell Green.
Follow-Up Regarding Dublin Ranch Safety
and Evaluation of Current Neighborhood Trafi•ic Safety Program
8:16 p.m. 7.2 (590-90)
Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that this item was a
follow-up item to the December 2, 2008, and February 17, 2009, agenda items related to traffic
safety. This report reviewed current procedures for evaluating neighborhood traffic safety and
re-evaluated the need for a crossing guard at North Dublin Ranch Drive/Oak Bluff
Lane/Groveland Lane. This item sought direction from City Council on whether to proceed with
a pilot program to evaluate the effectiveness of speed feedback signs.
Cm. Biddle asked for clarification of location of traffic monitoring devices.
Ms. Bourgeois responded that Dublin Police Services had a speed feedback trailer that was
rotated in various locations in the City. However, the proposed monitoring devices to be
implemented would be permanent installations at each location referenced, for a total of six
devices.
Vm. Hildenbrand asked if specific locations of such traffic monitoring devices were typically
located near schools.
Ms. Bourgeois responded that other jurisdictions might place them at any roadway segment or
at city boundaries.
Vm. Hildenbrand noted a specific area of concern was South Dublin Ranch Drive approaching
North Dublin Ranch Drive and asked for consideration of the traffic monitoring devices placed at
this location.
City Manager Pattillo stated the traffic study evaluation would be brought back for consideration
under the Fiscal Year 2010-2011 Budget and would include this specific site.
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Vm. Hildenbrand added that providing traffic monitoring at this specific location would hopefully
change the driving behaviors that have been taking place.
Mayor Sbranti asked for clarification of specific traffic study locations and if signs were fixed
speed feedback signs versus a portable speed feedback trailer.
Ms. Bourgeois clarified that these devices would be fixed to a pole and solar powered. Included
in the study would be before and after statistics to further identify if this would prove to be an
effective traffic calming measure.
Mayor Sbranti stated his interest would be to conduct further study in both portable and fixed
devices and have the data to substantiate whether to implement either systems or none at all, in
the Fiscal Year 2010-2011 Budget.
City Manager Pattillo suggested to the City Council that Staff could come back with
recommendations on renewable energy alternatives for the portable devices in addition to the
stationary pole devices.
Cm. Hart complimented Staff on the thorough report for this traffic safety program.
City Manager Pattillo provided clarification on Staff recommendations with the addition of
researching costs on a renewable energy speed monitoring trailer.
The City Council directed Staff to: continue with its current program when responding to
neighborhood traffic safety requests; did not recommend the placement of a crossing guard at
North Dublin Ranch Drive/Oak Bluff Lane/Groveland Lane; implement signing and striping
improvements at Antone Way/Bridgepointe Lane; and would consider, with the Fiscal Year
2010-2011 budget, development of a Capital Improvement Program project to implement a
Citywide speed feedback sign pilot program.
Municipal Financing District Partnership
8:45 p.m. 7.3 (530-10)
Administrative Analyst Roger Bradley presented the Staff Report and advised that the City
Council would consider adopting a resolution indicating that the City of Dublin intended to
partner with the County of Alameda and the City of Piedmont in a municipal financing district.
The City Council would also consider directing Staff to prepare a future report outlining
participation in the CaliforniaFIRST municipal financing district program.
Mayor Sbranti asked for clarification of funding specifics and how residents would participate in
this program once implemented.
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Mr. Bradley responded that community workshops would be held initially to educate residents
on participation.
On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz
absent), the City Council adopted
RESOLUTION NO. 189 - 09
PARTNERING WITH THE COUNTY OF ALAMEDA AND THE CITY OF PIEDMONT IN A
MUNICIPAL FINANCING DISTRICT
City Sponsorship of Earl Anthonv Memorial PBA Open
8:55 p.m. 7.4 (150-10)
Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City
Council would consider sponsorship of the Earl Anthony Memorial PBA Open.
Cm. Hart asked for the possibility of banner placement on Dougherty Road and/or San Ramon
Boulevard, for additional advertising of this event.
City Manager Pattillo provided history on the lack of structure presently capable of supporting a
banner at the mentioned locations.
On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote (Cm. Scholz
absent), the City Council approved the sponsorship of the Earl Anthony Memorial PBA Open
and approved the budget change.
NEW BUSINESS
Request to Initiate a General Plan Amendment
Study to Modify the General Plan Land Use Designation of the
Westernmost and Easternmost Portions of the Vacated Right-of-Way of Scarlett Court
9:04 p.m. 8.1 (420-30)
Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would
consider whether to authorize Staff to initiate a General Plan Amendment Study to provide a
land use designation for the westernmost and easternmost portions of Scarlett Court which were
recently vacated by the City Council.
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There were no questions or comments received from the City Council.
On motion of Cm. Biddle, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz
absent), the City Council adopted
RESOLUTION NO. 190 - 09
APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR THE
WESTERNMOST AND EASTERNMOST PORTIONS OF SCARLETT COURT
Report on the Feasibility of a Dublin Farmers' Market
9:06 p.m. 8.2 (470-10)
Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the
Dublin City Council established a Fiscal Year 2009-2010 Goal and Objective to "explore the
feasibility of a farmers' market in Dublin." Staff had researched options and the cost associated
with the establishment of a farmers' market and was seeking further direction from the City
Council on this item.
Vm. Hildenbrand clarified her desire to find a unique component of the City which would draw
the crowd to a farmers' market and could the survey be distributed to all current a-mail groups to
gain the largest community feedback.
Ms. Maurer added the farmers' market could also have other community outreach components
folded in. Initially the market would be planned for a seasonal time frame.
Mayor Sbranti stated that in the initial year of holding a potential market, the City might have to
provide monetary support to successfully launch the market.
City Manager Pattillo stated that Staff would follow up with a full report of the survey results and
the feasibility of moving forward with the farmers' market.
The City Council directed Staff to move forward with the establishment of a Farmers' Market.
City Councilmembers Dublin Pride Week Committee Appointments
9:27 p.m. 8.3 (150-80)
Administrative Analyst Roger Bradley presented the Staff Report and advised that the City
Council would consider appointing two of its members to the 2010 Dublin Pride Week
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Committee for a limited term beginning January 2010 and ending December 2010. The Dublin
Pride Week Committee plans and prepares this annual event, which sought to engage
individuals and/or groups in action based activities to help improve the community.
On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote (Cm. Scholz
absent), the City Council discussed the appointment of Cm. Biddle and Vm. Hildenbrand to the
Dublin Pride Week Committee and confirmed the appointments for the limited term of January
2010 through December 2010.
City Council Emergency Operations Center (EOC) Training
9:29 p.m. 8.4 (520-30)
Administrative Analyst Roger Bradley presented the Staff Report and advised that the City
Council would consider holding a disaster preparedness training session for City
Councilmembers to receive an overview of the Emergency Operations Center, the City's
disaster response plan, and the City Councilmembers' roles during an emergency. The City
Council would also consider providing Staff with a preferred date to hold the session.
The City Council provided Staff with March 16, 2010 at 5:00 p.m. as the date for holding disaster
preparedness training for City Councilmembers.
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Environmentally Acceptable Food Utensils and Packaging Policy
9:31 p.m. 8.5 (530-10)
Environmental Technician Jordan Figueiredo presented Staff Report and advised that the City
Council would consider adopting a resolution requiring the use of environmentally acceptable
food utensils and packaging at large City events.
Cm. Biddle suggested consideration of expanding this policy to include facility rentals at a later
time.
City Manager Pattillo stated the City would look into implementing City practices to comply with
this resolution and would continue to work with the Parks and Community Services Department
on this item.
On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz
absent), the City Council adopted
RESOLUTION NO. 191 - 09
REQUIRING THE USE OF ENVIRONMENTALLY ACCEPTABLE FOOD UTENSILS AND
PACKAGING AT LARGE CITY EVENTS
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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)
9:39 p.m.
Cm. Hart stated he attended the Dublin Unified School District Liaison meeting, the Associated
Community Action Program meeting and the holiday party for the Alameda County Fire
Department Advisory Commission.
Cm. Biddle stated he attended the Annual Tree Lighting ceremony, the Employee Recognition
Dinner, the Senior Center Holiday Party, Breakfast w/ Santa at the Shannon Center, the
Heritage Center Tea and the TV30 Open House.
Vm. Hildenbrand stated she attended Chamber Holiday Mixer, and the Livermore/Amador
Valley Transit Authority meeting.
Mayor Sbranti stated he attended the Chamber Holiday Mixer, the Employee Recognition
dinner, the Annual Tree Lighting, Breakfast with Santa, the Heritage Center Tea, the Firehouse
Open House, the Bay Bells concert, the California Constitution Workshop by the Alameda
County Supervisors Office, the Alameda County Mayors Conference, and the Tri-Valley Council
Meeting. Mayor Sbranti wished the residents of Dublin a safe and happy holiday season.
ADJOURNMENT
10.1
There being no further business to come before the City Council, the meeting was adjourned at
9:56 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops.
Minutes prepared by Dora Ramirez, Deputy City Clerk.
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Mayor
ATTEST: ~ ~~~'y~
City Clerk
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