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HomeMy WebLinkAbout08-17-2010 Adopted CC Min~ or~ DU~~~ MINUTES OF THE CITY COUNCIL ~`,` OF THE CITY OF DUBLIN ..,, _~_~I• s~ `/~ ~// REGULAR MEETING - Auqust 17, 2010 ~~ _t~!~ CLOSED SESSION A closed session was held at 5:35:23 PM, regarding: I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957, Title: City Manager •' A regular meeting of the Dublin City Council was held on Tuesday, August 17, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05:26 PM 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. • REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. • DUBLIN CITY COUNCIL MINUTES 1 VOLUME 29 G~,~or~ REGULAR MEETING Nr ~ t~1 August 17, 2010 '~~~i~~'~~ 4Ll R~~ ORAL COMMUNICATIONS Introduction of New Employees: Kristi Bascom, Principal Planner: and Sqt. Stephen Wolf, Dublin Police Services 7:05:58 PM (3.1 700-10) Community Development Director Jeri Ram introduced Kristi Bascom as the new Principal Planner in Community Development. Police Commander Casey Nice introduced Sgt. Stephen Wolf. The City Council welcomed Ms. Bascom and Sgt. Wolf to City of Dublin Staff. • BIG O Tires Recoqnition for Environmental Efforts 7:09:47 PM (3.2 610-50) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would present a certificate of appreciation to BIG O Tires for its example to the community in the pursuit of renewable energy sources. Specifically, BIG O Tires had installed a solar power system at its facility, curtailing the high cost of energy and reducing its carbon footprint within the community. The Mayor and City Council formally recognized BIG O Tires with a Certificate of Appreciation. •~ Appointment to Senior Center Advisorv Committee 7:13:31 PM (3.3 110-30) Mayor Sbranti presented the Staff Report and advised that, due to the recent resignation of Albert Edge from the Senior Center Advisory Committee, there was one opening on the Committee. The opening was advertised and finro applications were received from Dublin residents. On a motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote, the City Council confirmed the appointment of Eddie Jo Mack to the Senior Center Advisory Committee to a term ending in December 2012. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 ~oF REGULAR MEETING r,;~ ~ ,~~ August 17, 2010 '~~~;it~~' ~ . ~, ~• ~ Public Comments 7:14:08 PM 3.4 No comments were made by any member of the public at this time. • CONSENT CALENDAR 7:14:17 PM Items 4.1 through 4.'13 Mayor Sbranti pulled Items 4.4 and 4.9 for further discussion. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of July 20, 2010; Received (4.2 320-30) the Quarterly Investment Report. Adopted (4.3 600-35) RESOLUTION NO. 119 - 10 APPROVING FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND J.S. BUILDING MAINTENANCE SERVICE Accepted (4.5 600-35) improvements under Contract No. 09-09, 2009 Annual Slurry Seal Program, and authorized the release of retention after 35 days if there were no subcontractor claims. Adopted (4.6 450-20) ORDINANCE NO. 16 - 10 AMENDING ZONING ORDINANCE CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) AS IT RELATES TO SHARED PARKING, PLPA 201a00015 DUBLIN CITY COUNCIL MINUTES 3 VOLUME 29 ,~o~~ REGULAR MEETING n;~ ~^ ~~~ August 17, 2010 '`~~;i~~~/~~ . '1GI R~ Adopted (4.7 600-40) RESOLUTION NO. 121 - 10 APPROVING EASEMENT AGREEMENT FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF AN UPGRADED TRAFFIC SIGNAL SYSTEM, HIGHWAY LIGHTING AND CURB RAMP FACILITIES AT THE INTERSECTION OF DAVONA DRIVE AND ALCOSTA BOULEVARD BETWEEN CITY OF SAN RAMON AND CITY OF DUBLIN AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT Adopted (4.8 600-40) ORDINANCE NO. 17 - 10 AMENDING THE DUBLIN TRAFFIC CODE REPEALING AND ESTABLISHING BUS STOPS AT VARIOUS LOCATIONS CITYWIDE Authorized (4.9 600-30) City Manager to enter into an agreement with Jordan & Associates for Federal Legislative Services for Fiscal Year 2010-2011. Adopted (4.10 600-60) RESOLUTION NO. 122 -10 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8036, NEIGHBORHOOD "C-1," POSITANO/FALLON VILLAGE and RESOLUTION NO. 123 -10 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8036, NEIGHBORHOOD "C-1," POSITANO/FALLON VILLAGE and RESOLUTION NO. 124 - 10 ACCEPTING PARKLAND DEDICATION IIwLIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8036, NEIGHBORHOOD "C-1," POSITANO/FALLON VILLAGE. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 29 G`~~OFDpB~~ REGULAR MEETING ,,, August 17, 2010 '~`~~'~~~~ ~'~c~~ .~ Adopted (4.11 600-60) RESOLUTION NO. 125 - 10 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8037, NEIGHBORHOOD "C-2," POSITANO/FALLON VILLAGE and RESOLUTION NO. 126 -10 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8037, NEIGHBORHOOD "C-2," POSITANO/FALLON VILLAGE and RESOLUTION NO. 127 - 10 ACCEPTING PARKLAND DEDICATION IIwLIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8037, NEIGHBORHOOD "C-2," POSITANO/FALLON VILLAGE Adopted (4.12 600-60) RESOLUTION NO. 128 -10 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7855, NEIGHBORHOOD "C-3," POSITANO/FALLON VILLAGE and RESOLUTION NO. 129 - 10 APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7855, NEIGHBORHOOD "C-3," POSITANO/FALLON VILLAGE and RESOLUTION NO. 130 -10 ACCEPTING PARKLAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7855, NEIGHBORHOOD "C-3," POSITANO/FALLON VILLAGE Reviewed (4.13 300-40) and authorized the issuance of payments. •'-- DUBLIN CITY COUNCIL MINUTES 5 VOLUME 29 G~,~oFOn~ REGULAR MEETING ~,, August 17, 2010 '~~~~!'~~~~ ~'~c,~ ~ Mayor Sbranti pulled /tem 4.4, Second Amendment to Agreement with OneSource Building Services for Janitoria/ Services (600-35), and asked if the Dublin Unified School District (the District) unilaterally made the decision to cut hours and thereby increase the costs to the City. Parks and Community Services Diane Lowart stated that, when the City first entered into the agreement for the Stager Gym, it was specifically spelled out that the District would be responsible for janitorial services for the facility and the cost sharing agreement was based on proportionate uses of the facility. Later, the District asked if the City would take over the janitorial services. In recent years, the District had not been satisfied with the janitoria/ services at the gym and they had asked to take back the janitoria/ services. The agreement specifically stated that the District was responsib/e for janitorial services and they were well within their rights to take it back. The cost differential was pointed out to the District but they felt it was in their best interest to take it over. Mayor Sbranti asked if the issue was discussed by the City of Dublin - Dublin Unified School District Liaison Committee. City Manager Pattillo stated it was part of an older agreement. The City had been in the process of reviewing this agreement. The District fe/t they were within its rights to do it based on the origina/ agreement. Mayor Sbranti stated these types of issues should be discussed at the City of Dublin - Dublin Unified Schoo/ District Liaison Committee meetings. On motion of Mayor Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUT/ON NO. 120 - 10 APPROVING SECOND AMENDMENT TO JAN/TORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ONESOURCE BUILDING SERVICES, INC and approved the budget change. • Mayor Sbranti pul/ed Item 4.9, Agreement with Jordan & Associates for Federa/ Legis/ative Services (600-30), and asked that another item be brought forward for the Legislative agenda, discussion of /-GA TE. On motion of Mayor Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the City Council authorized the City Manager to enter into an agreement with Jordan & Associates for Federa/ Legis/ative Services for Fiscal Year 2010-2011 and adding discussion of 1-GATE on the Legislative agenda. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 29 G~,~toFrwe~y REGULAR MEETING i„ ~ ~~~ August 17, 2010 '~~~~~~~ c~~,~~~,s -t-- WRITTEN COMMUNICATIONS - None • PUBLIC HEARINGS Sierra Trinity Business Park Planned Development Rezone - Amendments to Planned Development (PD) Zoning District (PA 85-032) to Modifv the Allowable Uses within the Zoninq District, PLPA-2010-00023 7:24:42 PM 6.1 (450-30) Mayor Sbranti opened the public hearing. Senior Planner Marnie Waffle presented the Staff Report and advised that, at the request of the City Council, Staff had been reviewing City regulations to determine if there were any modifications that could be made that would provide assistance to businesses and property owners due to the current economic climate. The Sierra Trinity Business Park Planned Development (PD) zoning was overly restrictive and therefore placed a burden on the current property owner by restricting the types of businesses that could locate on the site. The City Council directed Staff to amend the PD in order to expand the allowable uses on the site. An Ordinance rezoning the site to allow mor.e uses consistent with the site and the surrounding area was considered by the Planning Commission and was being recommended to the City Council for consideration. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council waived the reading and introduced an Ordinance Approving a PD (Planned Development) Rezone and Related Stage 1/Stage 2 Development Plan for the Sierra Trinity Business Park located at 6701 Sierra Court (APN 941-0205-001-46) PLPA-2010-00023. • DUBLIN CITY COUNCIL MINUTES 7 VOLUME 29 0~ REGULAR MEETING n;~ ~ ~~~ August 17, 2010 '`~~~~~~ ~~~ UNFINISHED BUSINESS Support of Congressional Action Regarding Propertv Assessed Clean Enerpv (PACE) Proqrams 7:30:11 PM 7.1 (660-40) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the Federal Housing Finance Agency (FHFA) recently issued a statement that had effectively frozen residential Property Assessed Clean Energy (PACE) Programs across the country. In response, PACE, a national coalition of PACE advocates and stakeholders, had launched a campaign to engage local government partners across the country, calling for immediate congressional action to approve legislation to allow PACE Programs to continue. Mayor Sbranti asked if there were any Dublin residents already in the program. Mr. Bradley stated the program had not yet been rolled out. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 131 - 10 IN SUPPORT OF CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION FOR PROPERTY ASSESSED CLEAN ENERGY PROGRAMS and authorized the Mayor to sign letters of support to Senator Boxer, Senator Feinstein and Representative McNerney. • NEW BUSINESS Consideration of Amending City of Dublin's Participation in the Statewide Community Infrastructure Proqram (SCIP) to include Multi-Familv Residential Development 7:33:08 PM 8.1 (390-20) Economic Development Director Linda Maurer presented the Staff Report and advised that the City Council was being asked to provide Staff direction relative to the potential amendment of the City's participation in the Statewide Community Infrastructure Program (SCIP) to include multi-family residential development. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 29 0~ REGULAR MEETING n;~ ~ a~ August 17, 2010 '~`~~~~ ~c, ~ Cm. Hart asked if there were any lots owned by individuals and not owned by developers in Dublin that could be developed. Ms. Maurer stated she did not know. Cm. Hart asked why the City did not want to include single family homes in this program. Ms. Maurer stated it was easier to collect the fees for all the units at the same time in a multi- family structure. Single family home fees were typically done in tracts or phases which made it a little more difficult for the City to administer in terms of working with the bond agency. Another consideration would be that there could be single family homes across the street from each other that one had an assessment, and the other did not. Cm. Hart asked if there were any estimated costs and impacts. Ms. Maurer stated if the developer wanted to participate in the program, they would work with California Communities, which was implementing the program, and they could get an idea of the bond needed. It would result in an amount for one parcel, and if they were to parcel it out, they would give them an example of what it would look like on a per parcel basis. Cm. Hart asked if this would be explained to the potential buyer by the developer. Would it be separate from their mortgage? Was there was any potential risk factor considered as a result of the economy in terms of the potential for foreclosure? Ms. Maurer stated this information would be part of the disclosures the buyer would receive and the fee would show up on their property tax bill. Assistant City Manager Chris Foss stated this was an obligation the developer had with California Communities. The City was not liable. The City would have received its payment for fees. Whatever foreclosure issues arose, were through California Communities. City Manager Pattillo stated developers asked the City to take this into consideration to stimulate this type of development. The risk of exposure to the City was zero. It allowed people to move forward with their projects. Cm. Hart asked if the developers were paying less money up front and then the individual owners were financing the bonds. Ms. Maurer stated no, the full amount of the fees was paid by the bond that was issued. If the property split, then the assessment was also split, proportionately to the new parcel being developed. Mayor Sbranti confirmed the City was made whole. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 29 G~,~ oF ooe y REGULAR MEETING v, ~ ~~~ August 17, 2010 '`~~i!~~~~ . '~GIPbR~ Ms. Maurer stated the City was getting the full amount of development impact fees it would have received had it been paid in cash. City Manager Pattillo stated fees associated with impact fees were currently blended into the sales price already. This was more transparent to the buyer. Mayor Sbranti stated, without the SCIP program, those fees were in the cost of the home. This way they were passed on through the property tax bill. Cm. Biddle stated it would decrease their mortgage and then assist in their qualifying for a loan. Cm. Hart stated he was concerned that there would be confusion on the consumer level. It could be an added burden from the consumer's perspective. By consensus, the City Council directed Staff to amend the City's participation in the Statewide Community Infrastructure Program (SCIP) to include multi-family residential development. • Positano/Anderson Affordable Housing Agreement PA 05-038 Seventh Amendment to the Affordable Housing Agreement for the First Phase of Positano and Amended and Restated Subsequent AfFordable Housina Aareement for the Remainder of the Positano Development 7:46:43 PM 8.2 (600-30) Director of Community Development Jeri Ram presented the Staff Report and advised that the City had entered into two agreements with Braddock and Logan entities that described how the Developer would satisfy its affordable housing obligations for the Positano project. Those agreements provided that the Braddock and Logan entities would among other things: (a) construct a total of 130 inclusionary units (made up of 11 integrated and 41 second units in the project area and a 78-unit offsite project) and (b) pay a$1,000,000 community benefit payment in equal installments ($958.77 for each of the 1,043 units) with each building permit. The Developer had determined, and the City concurred, that the offsite project was infeasible. Accordingly, Braddock & Logan has developed a revised proposal to satisfy its obligation by: (a) constructing a total of 94 inclusionary units (made up of 2 integrated units and 92 second units within the project area); (b) paying a fee (in three installments) of $1,938,760 in-lieu of construction of inclusionary units; and (c) paying a$1,000,000 community benefit payment in equal installments at building permit. The proposed amended agreements would implement the proposal. Cm. Biddle asked if this proposal would meet the Phase I affordable housing requirements. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 29 or at~ REGULAR MEETING ra ~ ~~~ August 17, 2010 '~~~~'~~ // ~c~ ~,.~ Ms. Ram stated the Phase I requirement met its affordable housing requirement on site. It was the subsequent Phase where there was a requirement for off-site units where the changes started to occur. Cm. Biddle stated he was concerned about the secondary units being on the same property a person would buy, and people renting them at affordable prices. Ms. Ram stated the property owner was not obligated to rent the unit, but if they did, they were informed about the conditions in renting the secondary unit. Cm. Hart asked how this requirement would be enforced. Ms. Ram stated Staff meets with the person purchasing such a property and goes over all the requirements. Monitoring is done yearly via a questionnaire. A newsletter is also sent out every six months listing the restrictions on the affordable units just to keep people informed and educated. Those requirements stay with the property even if it is sold. Andy Byde, representative of Braddock and Logan, stated this proposal provided an innovative approach that allowed a couple of things to be accomplished. First, it provided units to an income category that was not being met in the market today. Secondly, it provided money to the City today. In turn, the City was able to utilize those dollars today. It was a great approach. Vm. Hildenbrand stated she was fine with the agreement. Given the circumstances, it was a good alternative. She was not in favor of these units all being clustered. There were scenarios where these units might not be rented. This allowed smaller homes to have a secondary unit. It was a good mix and attractive in the community. It was a win-win for everyone. Cm. Biddle stated even if the unit was rented, it freed up another low income rental somewhere else. It made sense to move out of the moderate level. Cm. Scholz stated secondary units created an important value. She was in support of the item. Cm. Hart stated he was not in favor of a previous amendment, but appreciated the work Braddock and Logan had done on this agreement. He was very supportive of the project. Mayor Sbranti stated he wanted to echo the previous comments. This met needs better. This diversified the housing stock. Having the units spread out was a benefit to the community. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 29 G~~OFDUe~y REGULAR MEETING rn ~`ir m August 17, 2010 '~~~~~~~ ~`~L/F~OR~1~ On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 132 -10 APPROVING AMENDMENT NO. 7 TO THE AFFORDABLE HOUSING AGREEMENT FOR FIRST PHASE (416 UNITS) OF POSITANO TO MODIFY THE TYPES OF INCLUSIONARY UNITS WITHIN THE FIRST PHASE OF THE PROJECT (PA 05-038 AND PA 07-005) and RESOLUTION NO. 133 - 10 APPROVING AMENDED AND RESTATED SUBSEQUENT AFFORDABLE HOUSING AGREEMENT FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND PAYMENT OF FEES IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING UNITS •~ OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 8:03:01 PM City Manager Pattillo stated there would be a City Council/Planning Commission Study Session regarding the Downtown Specific Plan on Saturday, August 21 at 9:00 a.m. Cm. Hart stated the Fallon Sports Park opening was coming up as was the previously mentioned meeting on Saturday. He stated he had attended the Neighborhood Watch meetings. Cm. Scholz stated she attended the Dublin Hills Trail opening, the Chamber of Commerce breakfast with the Mayor, and she gave the Mayor's Report on N30. She would be attending the Chamber of Commerce BBQ tomorrow. She reminded residents of the upcoming movie in the park on Friday, August 27 and the Fallon Park dedication on Saturday, August 28. Cm. Biddle stated he attended the Dublin Integrity in Action meeting. He met with Mayor Sbranti and the Faith Based Community leaders. He attended the Stand Down for veterans at the Pleasanton fairgrounds last Saturday. There had been a Green Building seminar held at the library. Vm. Hildenbrand stated she was at the Dublin Hills Trail opening. Fallon Sports Park was being well received. She reminded residents that Dublin schools would start again on August 24 so to please be careful. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 29 ,~oF REGULAR MEETING ~ rii August 17, 2010 '`~~;~I~~~~ ~~ ~~s Mayor Sbranti stated it was great to hear of the positive feedback on Fallon Sports Park and the Dublin Hills Trail. At a recent Alameda County Transportation Commission, it was announced that they had selected Art Dao as the new leader. He had attended the East Bay Stand Down, National Night Out, and the Faith leader conference. He had met with a new Dublin newspaper, called the Patch. It was based online. He had attended the Build it Green meeting. •~ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:20:25 PM in memory of Staff Sgt. Sean Diamond and our fallen troops and also in memory of Jerry Chestnut who performed work at St. Raymond School. Minutes prepared by Caroline P. Soto, City Clerk. /~ ~J~. ,~~- Mayor ATTEST: -, 2 ~~'~ / ~~ City Clerk DUBLIN CITY COUNCIL MINUTES 13 VOLUME 29 G~~oeck, REGULAR MEETING ~,, August 17, 2010 ``~;i'~~~~ c~~,~ ~,s