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Home My WebLink About04-05-2011 Adopted CC Min~~~' DU~~~ MINUTES OF THE CITY COUNCIL ~~ ``` OF THE CITY OF DUBLIN 1 ~ I-~ ~8f~ REGULAR MEETING - April 5, 2011 ~~:'<l'~ CLOSED SESSION A closed session was held at 6:34:41 FM , regarding: I. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Section 54956.9(c) of the Government Code: 1 case II. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Elite Landscaping, Inc. v. City of Dublin, Alameda County Superior Court, RG 11555497 III. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: City of Dublin v. AA Label, Inc., Alameda County Superior Court, RG11561163 IV. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5777 Scarlett Court, Dublin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment . V. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 6438 Sierra Court, Dublin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment ~ A regular meeting of the Dublin City Council was held on Tuesday, April 5, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06:58 PM , by Mayor Sbranti. ~i ROLL CALL 7:07 PM PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: None DUBLIN CITY COUNCIL MINUTES ~ VOLUME 30 ,~~~'~~~ REGULAR MEETING 19i~~ii/~~~ APRIL 5, 2011 ~~ ~ ~l Gc~ ~s .~ PLEDGE OF ALLEGIANCE 7:07 PM The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~ REPORT ON CLOSED SESSION ACTION 7:07:29 PM Mayor Sbranti stated the Closed Session would resume after the Regular Meeting. ~ ORAL COMMUNICATIONS Rotarv Superstars 7:11:29 PM 3.1 (610-50) Ms. Janine Thalblum, Community Service Chair of the Dublin Rotary Club, recognized the winners of the Dublin Rotary Superstars: Senior Civil Engineer Frank Navarro of the City of Dublin; Assistant Fire Chief of Operations Rob Schnepp of the Alameda County Fire Department; and Sheriff's Technician Nancy Melanson of the Alameda County Sheriff's Department. The City Council received the report. Public Comments 7:24:38 PM 3.2 Paul Haley and Kim Niokis of the Women's Professional Soccer Association informed the City Council that they were in the beginning stage of forming the team which will be called the Bay Area Breeze and based in Dublin. ~i CONSENT CALENDAR 7:34:48 PM Items 4.1 through 4.8 On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote, the City Council took the following actions: DUBLIN CITY COUNCIL MINUTES 2 - VOLUME 30 G~~~P D~~ REGULAR MEETING 19'~_~ir_~~~ APRIL 5, 2011 ~~ "~' /~ ~wFOR~`~ Approved (4.1) Minutes of March 15, 2011; Adopted (4.2 600-60) RESOLUTION NO. 28 -11 ACCEPTING THE IMPROVEMENTS FOR TRACT 7524 (NEIGHBORHOOD H-2, PHASE 2, DUBLIN RANCH AREA G,) Adopted (4.3 410-50) RESOLUTION NO. 29 -11 APPROVING FINAL MAP FOR TRACT 7540, SILVERA RANCH, PHASE 4 and RESOLUTION NO. 30 -11 ACCEPTING PARK LAND DED{CATION II~LIEU FEES PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7540, SILVERA RANCH, PHASE 4 Adopted (4.4 600-30) RESOLUTION NO. 31 -11 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND INTERWEST CONSULTING GROUP Adopted (4.5 340-80) RESOLUTION NO. 32 -11 PARTIAL RELEASE OF SECURITY FOR TRACT 7855, NEIGHBORHOOD C-3, POSITANO/ FALLON VILLAGE Adopted (4.6 410-50) , RESOLUTION NO. 33 -11 APPROVING THE FINAL MAP FOR TRACT 8050, NEIGHBORHOOD "C-3" POSITANO/FALLON VILLAGE and DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 ~~~~O/~FD°8i~y REGULAR MEETING 19~~~~/~+~ APRIL 5, 2011 ~\ ~'~..~ /% ~'dGIFOR~~ RESOLUTION NO. 34 -11 ACCEPTING PARKLAND DEDICATION CREDITS AND FEES FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 8050 Authorized (4.7 600-40) 1) A budget change in the amount of $25,000 with approval for the City Manager to administratively increase this amount up to an additional $25,000, based on the cooperating agencies determination that additional contributions from the member are required; 2) Authorized the City Manager, in consultation with the City Attorney, to execute a cooperation agreement with the other members of ACAP; and 3) Confirmed and authorized the City Manager to enter into contracts to be funded from contributions made by the member agencies to a special trust fund held by the City of Dublin. Approved (4.8 300-40) Check Issuance Reports and Electronic Funds Transfers. ~ WRITTEN COMMUNICATIONS Request for the Placement of Purple Ribbons on City Street Trees to Recoctnize the American Cancer Societv's "Paint Your Town Purple" Cam ai n 7:35:12 PM 5.1 (130-60) Assistant City Manager Chris Foss presented the Staff Report and advised that the City Council would consider Tammy Goldstein's request for the placement of Purple Ribbons on City street trees to recognize the "Paint Your Town Purple" Campaign. Mayor Sbranti presented a proclamation to Tammy Goldstein, Relay for Life Cancer Association representative. The City Council approved the placement of purple ribbons on City Street trees. ~ PUBLIC HEARINGS Introduction of an Ordinance Extending the Temporarv Suspension of the Public Art Requirement for Residential Pro~ects 7:42:22 PM 6.1 (450-20) Mayor Sbranti opened the public hearing. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 `~OF Dp~ REGULAR MEETING ii~_~ir_~~~ APRIL 5, 2011 ~\ '~° %~ Gc~r~oR~`~ J , Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that, in April 2009, the City Council introduced and adopted an ordinance "Temporarily Suspending the Public Art Requirement for Residential Projects in excess of 20 units" for a two-year term, which expires in May 2011. Staff was directed by the City Council to review the state of residential development in the City towards the end of the two year suspension, in order to make a recommendation to possibly extend the suspension for an additional period of time. Given the fact that the economic downturn was continuing to affect Dublin, Staff was recommending that the current ordinance suspending the public art requirement for residential projects be extended for two more years. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Cm. Biddle suggested dropping the proposed two-year suspension to one year and asked about the financial impact should the change be implemented. Mr. Hartnett stated that he could not state what the impact would be because it was dependent upon development and whether the ordinance would be applicable at that time. Cm. Swalwell stated his support for the Heritage and Cultural Arts Commission decision to suspend the public art requirement. Vm. Hart stated his opposition for the two-year suspension of the public art requirement and asked the City Council consider reducing the requirement by fifty percent or half of what was previously imposed to the developers before this suspension. Cm. Hildenbrand stated her opposition to the two-year extension and stated that this requirement added value to the community, and concurred with Vm. Hart that reduction of fees should be considered. Mayor Sbranti stated his support for the suspension due to all of the development movement occurring in the City and felt the suspension of this requirement did not compromise the quality of the residential communities being developed. On motion of Mayor Sbranti, seconded by Cm. Biddle and by a majority vote (Vm. Hart and Cm. Hildenbrand voting no), the City Council waived the reading and introduced an Ordinance Temporarily Suspending the Provisions of Sections 8.58.050.A and 8.58.050.D of the Dublin Municipal Code Relating to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units, with the change for the duration of one year as opposed to finro years. ~~ Weeds and Combustible Refuse Abatement Order 8:04:49 PM 6.2 (540-50) Mayor Sbranti opened the public hearing. DUBLIOV CITY COUNCIL MINUTES 5 VOLUME 30 G~~OF D~ REGULAR MEETING 19'~~i/~~~ APRIL 5, 2011 `\ '~'~/~ Gc~FOR`'~ Fire Marshal Bonnie Terra presented the Staff Report and advised that, in accordance with Resolution No. 12-11 (adopted February 15, 2011), the City Council declared that there was a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this was posted and letters sent to those property owners with violations. , No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council directed Staff to continue the weed abatement process. ~._ Zoning Ordinance Amendments - Amendments to Title 8 of the Dublin Municipal Code (Zoninq Ordinance) related to Implementation of the 2009-2014 Housina Element 8:10:21 PM 6.3 (430-20) Mayor Sbranti opened the public hearing. Senior Planner Marnie Waffle presented the Staff Report and advised that, on March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009-2014 planning period and on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development. The Housing Element contained programs that defined the specific actions the City would undertake to achieve the goals and policies set forth in the Housing Element. Some of the programs required that the Zoning Ordinance be amended to facilitate the development of a variety of housing options. The proposed Zoning Ordinance Amendments included amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the addition of Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). The City Council would consider the proposed Zoning Ordinance Amendments. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by unanimous vote, the City Council introduced Ordinance amending Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking .and Loading Regulations), and 8.116 (Zoning Clearance) DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 G~~O~F DU~ REGULAR MEETING 19~~~i'/~~~ APRIL 5, 2011 `\ ~" ~~ GciFOR~s and adding Zoning Ordinance Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). ~ UNFINISHED BUSINESS - None ~i NEW BUSINESS Dublin Heritaqe Park and Museums Dedication Event 8:15:24 PM 8.1 (295-10) Heritage Center Director Elizabeth Isle presented the Staff Report and advised that the City Council would receive a report on the proposed plans for the Grand Opening and Dedication of the Dublin Heritage Park & Museums. By consensus, the City Council approved the proposed plan for the Grand Opening of the Heritage Park & Museums and selected July 2, 2011, as the preferred date for the event based on the Kolb Family attendance. ~' Replacement of Dav on the Glen Festival 8:33:09 PM 8.2 (950-40) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that Staff would be presenting a report on the results of a community survey conducted in November, 2010 which suggested that the community supported conducting a second festival in Dublin. Based on the survey, Staff was recommending offering a second festival starting in fall 2012 that would incorporate some of the popular elements of Day on the Glen, yet have a new theme and features (Octoberfest/German culture influence or Blues Festival). Cm. Swalwell stated he was not in favor of either proposed event, and would recommend a pasta and wine festival. He stated that a holiday themed event would be more receptive to the community. Mayor Sbranti stated that he was not fond of the barbecue/Blues Festival event occurring at Emerald Glen Park. However, he felt this type of event would be better received at the Heritage Park. He stated the OctoberFest appeared to have its own challenge due to similar events already occurring in the Bay Area causing competition. Mayor Sbranti suggested a pasta and wine festival with an arts element event or a multi-cultural international bazaar festival. DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 ,~~°PD~~ REGULAR MEETING i9 ~-~~-~~~ APRIL 5, 2011 `~ '-~' %~ . Gc,r~~m Cm. Hildenbrand stated that, if she had to pick from the two events presented, she would choose the barbecue/Blues Festival type of event especially with at cook-off element to engage the community. She would be receptive to a location change and added that scheduling the proposed event during soccer season could impact attendance, and was not opposed to the pasta and wine type of festival but felt the barbecue/blues festival would provide greater mass appeal. Vm. Hart stated he would prefer to push this back to the Parks and Community Services Commission to come up with more ideas but did state his preference would be to relocate to the Heritage Park to showcase to the community and not exclude Fallon Sports Park. Marketing, location, and entertainment would determine the success of any event. Cm. Biddle stated the international bazaar could encompass just about all of the ideas mentioned, and that the Parks and Community Services Commission could include this in their report. City Manager Pattillo clarified that the Staff report presented was a result of the Parks and Community Services Commission discussion and if the direction was to change the venue completely from what was presented, then clear direction would be required. Cm. Swalwell suggested Staff and the Parks and Community Services Commission bring back a report to include pasta, wine and music elements as well as the bocce ball court to add interest to the event, and discuss further. Parks and Community Services Director Diane Lowart stated that when the report was brought back to the City Council with the noted suggestions, there would also be a report of the grand opening of the Heritage Park and Museum line-up of Saturday events that could include many of the ideas mentioned. City Manager Pattillo stated that this item would be followed up with a report from the Parks and Community Services Department and Commission. The City Council received the report and directed Staff to return with alternative event themes. ~ OTHER BUSINESS Brief /NFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:15:02 PM City Manager Pattillo had nothing to report. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G~,~~oF REGULAR MEETING 19~ ~~~ APRIL 5, 2011 ~~~~~~~ Gc, ~ Cm. Swalwell stated he attended the East Bay Division League dinner, ABAG Sustainable Communities Strategic Initial meeting, the Alameda County Fire Department, and Fire Operations 101. Cm. Hildenbrand asked for participation at the East Bay Division League Annual Bocce Ball Tournament on April 19th, and asked Staff that when explosives were being set off at the Alameda County Sheriff's Training Center and Camp Parks, to let Dougherty Elementary School know. City Manager Pattillo stated that she had discussed the issue of providing notice when possible with Chief McCarthy. Cm. Biddle stated that he attended the Alameda County Housing Authority orientation, the homecoming of Lt. Jeff Salem, and a Waste Management Authority Board meeting. Vm. Hart stated he attended the homecoming Lt. Jeff Salem, the Alameda County Fire Department, Fire Operations 101, and asked that the City Council reconsider the language in the current ordinance regarding eligibility for the type of organization that could be included in the draw to sell fireworks. Fire Marshal Bonnie Terra stated that there were several requirements in the ordinance that profits from the sale of fireworks would benefit the City of Dublin and had been in effect for more than ten years. City Manager Pattillo stated that Staff would bring back an analysis. However, the application process had already begun. Mayor Sbranti stated he attended the Women's Club for the Annual Student Art Contest, the St. Patrick's Day luncheon, and the Livermore Amador Valley Transit Authority Board meeting. ~ The City Council reconvened to Closed Session at 9:37:18 PM. ..._ ~. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 10:17 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 ~OFDr~ REGULAR MEETING 19i~~iir~~~~ APRIL 5, 2011 `\ ~ ~~ GcrroR `D Minutes prepared by Dora Ramirez, Deputy City Clerk. / ATTEST: D puty City Clerk N ~ ~~. Mayor DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 G`~OFDpB~ REGULAR MEETING a~~~~~~ APRIL 5, 2011 `~ ~ ~l ~GIFtpR~S