HomeMy WebLinkAbout06-21-2011 Adopted CC Min Adj Reg~ or' DU~~~ MINUTES OF THE CITY COUNCIL
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~ ,~ J/ ADJOURNED REGULAR MEETING - JUNE 21, 2011
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BUDGET HEARING ITEMS 5:30 P.M.
Regular Order of Business for City Council meeting would follow directly after Budget Hearing
Items.
I. CALL TO ORDER & PLEDGE OF ALLEGIANCE 5:33:17 PM
ROLL CALL
PRESENT: Councilmembers Biddle, Hildenbrand, Swalwell, and Mayor Sbranti
ABSENT: Vm Hart
The pledge of allegiance to the flag was recited by the City Council, Staff and those present.
II. Public Hearinq: Adoptinq the Five Year Capital Improvement Proqram 2010-2015,
Fiscal Year 2011-2012 Update
5:34:01 PM (330-40)
Administrative Services Director Paul Rankin presented the Staff Report and advised that
the City Council would conduct a public hearing and consider approval of a resolution
adopting the Five Year Capital Improvement Program (CIP) which. outlined public projects
proposed for completion from Fiscal Year 2011-2012 through Fiscal Year 2014-2015. The
proposed 5-year CIP included forty-three projects totaling approximately $157.3 million (prior
years and current timeframe). Of this amount, approximately $13.9 million was anticipated
to be expended during Fiscal Year 2011-2012.
Mayor Sbranti asked for clarification of the Civic Center Modifications and the Maintenance
Yard funding from prior years in comparison to the current funding.
City Manager Pattillo responded that previously the Maintenance Yard was budgeted at $16
million dollars. The City purchased property at a significantly reduced cost than what was
budgeted, with pending negotiations of property exchange. The Civic Center Modifications
CIP explored cost saving measures in the utilization of existing storage space and
modification into work areas as opposed to adding on to the building. City Manager Pattillo
cautioned that construction for added space might be needed in the future.
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Cm. Hildenbrand asked when actual street improvements would begin on Dougherty Road.
Public Works Director Gary Huisingh responded that 2013 would be the earliest, as the
coordination would be substantial with the new entrance to Arroyo Vista, as well as the new
entrance to Camp Parks.
On motion of Cm. Biddle, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart
absent), the City Council adopted
RESOLUTION NO. 87-11
ADOPTING THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM 2010- 2015
FISCAL YEAR 2011- 2012 UPDATE
III. Fiscal Year 2011-2012 Preliminarv Budqet and Financial Plan/10-Year Strateqic
Plan
5:55:20 PM 330-20/600-30
City Manager Pattillo presented the Staff Report and advised that the City Council would
conduct a public hearing and consider approval of a resolution adopting the Fiscal Year
2011-2012 Preliminary Budget and Financial Plan and the 10-Year Strategic Plan and
other resolutions necessary for enactment of the Fiscal Year 2011-2012 Budget.
Cm. Swalwell asked for confirmation that Police Services would not be reduced.
City Manager Pattillo confirmed there would be no reductions to Police Services and
credited both the Alameda County Fire Department and the Alameda County Sheriff's
Department for taking a proactive approach in managing their resources and maintaining
their levels of service.
Cm. Biddle commended the City's overall Budget which was balanced.
Cm. Swalwell commented on how the City did not need to utilize the Reserve Funds to
balance the Budget last Fiscal Year, as well as moving forward into the new Fiscal Year
without the use of Reserve Funds.
Mayor Sbranti closed the budget hearing and asked Cm. Biddle to address the public in
regards to his affiliation with the Dublin Partners in Education.
Cm. Biddle stated, "I am a member of the Board of Directors of the Dublin Partners in
Education. One of the items contained in the budget being considered tonight relates to a
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request for funding from Dublin Partners in Education. Due to my membership on its
board, I have a statutory remote interest in the decision, and may not participate in the
decision. I hereby abstain from all participation in the matter, and ask that my vote not be
counted in determining whether Dublin Partners in Education's request has been
approved. I also ask that the City Clerk include my statement in the minutes of this
meeting".
Cm. Hildenbrand stated "I am employed by the Dublin Unified School District. I work at
Murray Elementary School as the Secretary and Health Clerk. My position is within the
District's Educational Services and the Health Services Department. One of the items
contained in the budget being considered tonight relates to a request for funding for the
Facilities and Student Services Department of the District. Because the request relates to
a different School District Department than the one that employees me, ~I have a statutory
noninterest in the matter, and may legally participate in the decision. I ask the City Clerk to
include my statement in the minutes of this meeting".
Mayor Sbranti stated "I am employed by the Dublin Unified School District. I work at
Dublin High School as a teacher and coach. My position is within the District's Educational
Services Department. My wife is also employed by the District and works at Valley
Continuation High School as a teacher; her position is also within the Educational Services
Department. One of the items contained in the budget being considered tonight relates to
a request for funding for the Facilities and Student Services Department of the District.
Because the request relates to a different School District Department than the one that
employees me, I have a statutory noninterest in the matter, and may legally participate in
the decision. I ask the City Clerk to include my statement in the minutes of this meeting".
On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote (Vm.
Hart absent), the City Council adopted the following resolutions:
RESOLUTION NO. 88 -11
ADOPTING A BUDGET FOR THE CITY OF DUBLIN
FOR FISCAL YEAR 2011-2012
RESOLUTION NO. 89 - 11
ADOPTING AN APPROPRIATION FOR A CITY CONTRIBUTION TO
DUBLIN PARTNERS IN EDUCATION FOR FISCAL YEAR 2011-2012
RESOLUTION NO. 90 -11
AMENDING THE BENEFIT PLAN
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RESOLUTION NO. 91 -11
AMENDING EMPLOYER PAID MEMBER CONTRIBUTIONS
RESOLUTION NO. 92 -11
ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL
IN ACCORDANCE WITH THE PERSONNEL RULES
RESOLUTION NO. 93 -11
ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS
EXEMPT FROM COMPETITIVE SERVICE
RESOLUTION NO. 94 -11
ESTABLISHING A SALARY PLAN FOR TEMPORARY PARTTIME PERSONNEL
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CLOSED SESSION
A closed session was held at 6:36:16 PM , regarding:
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Vice Mayor Hart and Councilmember Swalwell
Unrepresented Employee: City Attorney
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Section 54956.9(c) of the Government Code: 1 case
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REGULAR MEETING ITEMS
REPORT ON CLOSED SESSION ACTION
7:01:03 PM
Mayor Sbranti stated there was no reportable action during Closed Session.
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ORAL COMMUNICATIONS
Acceptance of Gifts to Citv from Bike to Work Dav Contributinq Sponsors
7:01:19 PM 3.1 610-50
Administrative Analyst Erin Steffen presented the Staff Report and advised that this report
detailed the contributions received from various local businesses and organizations for the Bike
to Work Day Energizer Station held on May 12, 2011 and for the National Bike Month Raffle
held at events surrounding the month of May.
The City Council recognized the sponsors and formally accepted the contributions.
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Public Comments
7:05:06 PM 3.2
Bruce Fiedler, Dublin resident, stated he would like the City to attend to the commercial graffiti
along Dublin Boulevard.
Tim May, Executive Director of the Rental Housing Owners Association, congratulated the City
Council for the winning the All-America City title for 2011and for recognition by the Diablo Valley
Magazine for the City of Dublin having some of the best businesses in the Tri-Valley Area.
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CONSENT CALENDAR
7:06:59 PM
Items 4.1 through 4.16
(Cm Swalwell pulled Item 4.2 for further discussion).
On motion of Cm Hildenbrand, seconded by Mayor Sbranti and by unanimous vote (Vm. Hart
absent), the City Council took the following actions:
Adopted (4.3 600-30) ,
RESOLUTION NO. 96 -11
APPROVING THE AMENDMENT TO THE AGREE]IAENT WITH ALL CITY MANAGEMENT
SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES
FOR FISCAL YEAR 2011-2012
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Adopted (4.4 380-20)
RESOLUTION NO. 97 -11
AUTHORIZING STAFF TO PROCURE DESK-TOP COMPUTERS FROM DELL, INC.
Accepted (4.5 600-35) the improvements under Contract No. 11-04, Dublin Ranch Street Light
Pole Painting Contract, and authorized the release of retention after 35 days.
Adopted (4.6 820-60)
RESOLUTION NO. 98 -11
APPROVING THE RENAMING OF HAGGERTY COURT TO ATELLA COURT
IN NEIGHBORHOOD C3, TRACT 8050, AND ATELLA DRIVE TO HAGGERTY DRIVE
IN NEIGHBORHOOD D1, POSITANO AT FALLON VILLAGE
Adopted (4.7 810-20)
ORDINANCE NO. 9 -11
ADOPTING A NEW CHAPTER 7.98 RELATING TO SOLID WASTE AND RECYCLING
ENCLOSURE STANDARDS
Adopted (4.8 600-30)
RESOLUTION NO. 99 -11
APPROVING THIRD AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ABM INDUSTRIES, INC.
Adopted (4.9 600-60)
RESOLUTION NO. 100 -11
ACCEPTING IMPROVEMENTS FOR TRACT 7457,
TRALEE VILLAGE (PFEIFFER RANCH INVESTORS, INC.) AND APPROVAL OF
REGULATORY TRAFFIC CONTROL DEVICES
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Adopted (4.10 600-40)
RESOLUTION NO. 101 -11
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF
ALAMEDA TO RECEIVE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
FISCAL YEAR 2011-2012 AND APPROVING COMMUNITY DEVELOPMENT BLOCK
GRANT-FUNDED AGREEMENTS WITH AXIS COMMUNITY HEALTH; BAY AREA
COMMUNITY SERVICES; COMMUNITY RESOURCES FOR INDEPENDENT LIVING; OPEN
HEART KITCHEN; SENIOR SUPPORT OF THE TRI-VALLEY; SPECTRUM COMMUNITY
SERVICES, INC.; AND TRI-VALLEY YMCA
Adopted (4.11 600-40)
RESOLUTION NO. 102 -11
APPROVING A THREE YEAR AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE
COUNTY OF ALAMEDA FOR PARTICIPATION IN THE ALAMEDA COUNTY URBAN
COUNTY CDBG/HOME FUNDS PROGRAM FOR FISCAL YEARS 2012-2013, 2013-2014
AND 2014-2015 (THREE YEARS)
Adopted (4.12 600-30)
RESOLUTION NO. 103 -11
APPROVING AGREEMENT WITH EAST BAY POOL SERVICE
FOR POOL MAINTENANCE SERVICES
Adopted (4.13 330-30)
Adopted (4.14 410-40)
RESOLUTION NO. 104 -11
ADOPTING AN APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2011-2012 OF $189,083,145
RESOLUTION NO. 105 -11
APPROVING PARCEL MAP 10049
NEIGHBORHOOD "D", POSITANO/FALLON VILLAGE
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Adopted (4.15 39-20)
RESOLUTION NO. 106 -11
ADOPTING PRINCIP~L COMPONENTS OF FUND BALANCE
IN ACCORDANCE WITH GASB STATEMENT 54
Approved (4.16 300-40) Check Issuance Reports and Electronic Funds Transfers.
Cm. Swalwell pulled Item 4.2, Extending the Time Period For The Tra~c Impact Fee Deferral
Program And Amending The Traffic Ir~apact Fee Payment Date, and asked for an explanation of
the item.
Economic Development Director Linda Maurer stated the initial program was established for fhe
duration of two years. However, upo~n. the policy direction of the Economic Development Ad-
Hoc Committee, the Staff recommendation was to extend the Traffic Impact Fee Deferral
Program for two additional fiscal year~ to continue to market to the business community. The
Program would have expired on June 30, 2011.
Mayor Sbranti commented on the many programs that the City had in order to confinue to work
with the business community and this was one helped to promote economic development.
On motion of Cm. Swalwell, seconded by Cm. Hildenbrand, and by unanimous vote (Vm. Hart
absent), the City Council adopted:
RE.~OLUT/ON NO. 95-11
EXTENDING THE TIME PER/OD F014 THE TRAFFIC IMPACT FEE DEFERRAL PROGRAM
AND AMENDING THE TRAFFIC /MPACT FEE PAYMENT DATE
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WRITTEN COMMUNICATIONS - None
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PUBLIC HEARINGS
Amendment of Dublin Municipal Codle Chapter 5.56 (Smokinq Pollution Control)
7:10:48 PM 6.1 (530-50)
Mayor Sbranti opened the public hearir~g.
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Senior Administrative Analyst Roger 13radley presented the Staff Report and advised that the
City Council would consider amending the Smoking Pollution Control Ordinance to increase the
requirement on the percentage of apartment residences that must be designated as non-
smoking units from 50% to 75%, which would be accomplished on or before January 1, 2013.
Ms. Serena Chen of American Lung Association commended the City on taking this approach
to a smoke-free environment.
Mr. Bruce Fiedler, Dublin resident, stated, as an apartment manager, 100% non-smoking would
be easier to enforce.
Mr. Timothy May, Executive Director of Rental Housing and Owners Association, acknowledged
and commended the City's efforts on the Smoking Pollution Control Ordinance, and requested
the City hold off on any other amendments to the City ordinance so the rental community could
implement in a timely manner.
Mayor Sbranti closed the public hearing.
Cm. Hildenbrand stated her support to amend to a full 100% due to the feedback from the
community and believed that the City was lagging on all that could be done for smoking
pollution control. She could support this ordinance amendment but would continue to
encourage the City to work toward a 100% smoke-free apartment unit ordinance in the~future.
Cm. Swalwell stated his support for the ordinance amendment as presented in order to honor
the agreement (with the apartment industry, which ultimately have to implement the ordinance.
Cm. Biddle asked for clarification of the timeline of the implementation of the Smoking Pollution
Control Ordinance.
Mr. Roger Bradley stated that the apartment property managers would be required to notify their
tenants by December 3, 2011, so they could transition the necessary apartment leases
throughout calendar year 2012 and report back to the City the actual percentages of non-
smoking residences to ensure compliance.
Mayor Sbranti stated that the City would continue to be a leader in the campaign against
smoking in apartment communities and that the City Council would continue to review any
necessary changes based on new facts and supported the ordinance as presented.
Cm. Hildenbrand stated this whole issue was not about the smoker rather the issue for her
concern was the second-hand smoke.
On motion of Mayor Sbranti, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart
absent), the City Council introduced the Ordinance Amending Chapter 5.56 of the Dublin
Municipal Code relating to Smoking Pollution Control.
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Citywide Street Lighting Maintenance Assessment District No. 1983-1;
Landscaping and Lighting Maintenance Assessment District No. 1983-2
(Tract 4719); Landscaping and Lighting Maintenance Assessment District
No. 1986-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance
Assessment District No. 1997-1 (Santa Rita Area); Street Lighting Maintenance
Assessment District No. 1999-1 (Dublin Ranch and Tract 7067)
7:37:32 PM 6.2 (360-20)
Mayor Sbranti opened the public hearing.
Administrative Analyst Erin Steffen presented the Staff Report and advised that the City Council
would consider approving the Engineer's Reports and the levy of special assessments in each
of the five maintenance districts for the 2011-2012 Fiscal Year. A public hearing was required.
Maintenance Assessment Districts allowed for the collection of special assessments on the
property tax bill. These assessments could only be used to pay for the identified activities
benefiting the properties assessed. The amount of the assessment would vary based on
several factors including: the cost projected to maintain the improvements, approved annual
adjustment factors; existing balances collected in prior years; and the number and type of
properties.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Mayor Sbranti asked for clarification on who was responsible for a landscape solution to the
median on Lockhart/Kolb by the Fallon Sports Park.
City Manager Pattillo clarified that the City had, on rare occasions, taken on the responsibility of
unfunded landscaping gaps such as the location of the new fire station, but this was not
common practice. As development continued at different paces, the City would need to be
mindful of this issue. Clean-up of a median would be feasible, but this would not include
landscaping.
On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart
absent), the City Council adopted
RESOLUTION NO. 107 -11
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AYVD ORDERING LEVY OF ASSESSMENT
CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983-1
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RESOLUTION NO. 108 -11
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT
CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT NO. 1983-2 (TRACT 4719)
RESOLUTION NO. 109 -11
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT
CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT NO. 1986-1
(VILLAGES AT WILLOW CREEK)
RESOLUTION NO. 110 -11
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT
CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1
(SANTA RITA AREA)
RESOLUTION NO. 111 -11
APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT
CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 199~1
(DUBLIN RANCH AND TRACT 7067)
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UNFINISHED BUSINESS
Sustainable Neiqhborhood Desiqn Strateqy Update
7:50:48 PM 7.1 (400-10)
Principal Planner Kristi Bascom presented the Staff Report and advised that the City of Dublin
had taken an active role in promoting environmental sustainability with initiatives such as the
Community Design and Sustainability Element of the General Plan, the Green Building
Ordinance, and the City's recent adoption of a Climate Action Plan. In recent months, Staff had
presented the City Council with various options for implementing a"Sustainable Neighborhood
Design Strategy," which would promote sustainable site design and planning for the street, land
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use, and open space patterns for neighborhoods in Dublin. Staff solicited input from the
development community on the Draft Strategy, and was reporting back to the City Council on
the content of the discussions and the proposed path forward.
Mr. Joe Guerra of Argent Management Co. stated agreement with Staff and Council direction
and goals on sustainable neighborhood design and appreciated Staff's commitment to work
with Argent Management Co. on the Dublin Crossings project.
Cm. Swalwell commended Staff for their work on this item and encouraged Staff to continue to
meet with the development community to understand issues that arise in the development
process.
City Manager Pattillo clarified the process of this strategy was policy direction from City Council
and having Staff engage in discussions with developers always occurred after direction was
received.
Mayor Sbranti concluded the discussion and by consensus, the City Council confirmed Staff's
recommendation to move forward with the proposed General Plan Amendment.
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Replacement of Citv Directional Siqnaqe Location for East Dublin Auto Dealers
7:59:56 PM 7.2 (400-30)
Economic Development Director Linda Maurer presented the Staff Report and advised that the
City Council had approved six locations for City directional signs to direct visitors to the auto
dealers located in east Dublin. Staff was recommending that the City Council approve the
replacement of the existing direction sign at the terminus of Scarlett Drive to assist in the City's
way finding efforts.
Mr. Guy Houston, spokesperson for Dublin Volkswagen and Dublin Hyundai, stated his support
of Staff's recommendation of the proposed directional signs.
Cm. Swalwell stated support of the promotion of Dublin auto dealers would positively benefit the
community.
On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart
absent), the City Council approved the replacement of the existing direction sign for automotive
dealers at the terminus of Scarlett Drive, with additional direction for Staff to report back on
signage improvement on Scarlett Court at Dublin Boulevard.
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NEW BUSINESS
Brannigan Street General Plan and
Eastern Dublin Specific Plan Amendment Studv initiation reQUest
8:06:29 PM 8.1 (410-40)
Planning Consultant Mike Porto presented the Staff Report and advised that the City Council
would consider a request to initiate a General Plan and Eastern Dublin Specific Plan
Amendment Study to evaluate a proposal to change the General Plan and Eastern Dublin
Specific Plan land use designation of a 3.07 acre parcel ("Study Area") from Public/Semi-Public
(P/SP) to Medium Density Residential (MDR). The proposed land use amendment would allow
a residential density of 6.0 to 14.1 dwelling units per acre. The Study Area was located on the
west side of Brannigan Street, north of Gleason Drive.
Cm. Hildenbrand stated her support for this study and this would be a good use of the proposed
land.
Cm. Biddle asked for clarification of a future public/semi-public report from Staff regarding
policy changes.
City Manager Pattillo clarified that Staff would be bringing a report to City Council to address
necessary modifications, specifically to land size and land valuation associated with
amendments.
On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by unanimous vote (Vm. Hart
absent), the City Council adopted
RESOLUTION NO. 112-11
APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC
PLAN AMENDMENT STUDY TO EVALUATE A PROPOSAL TO CHANGE THE LAND USE
DESIGNATION OF A PARCEL ON BRANNIGAN STREET FROM PUBLIC/SEMI-PUBLIC TO
MEDIUM DENSITY RESIDENTIAL (APN 985-0052-021)
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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)
8:12:14 PM
City Manager Pattillo reminded City Council of the Dublin Historic Park and Museums Grand
Opening would be held on July 2, 2011, at 12:00 p.m.
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Cm. Swalwell stated he attended the Alameda County Library Advisory Committee meeting and
the Alameda County Fire Advisory Committee meeting.
Cm. Biddle stated he attended the Valley High School graduation, a Waste Management
Advisory Commission meeting, an Alameda County Housing Authority meeting, and the League
of California Cities Community Services Committee meeting in Sacramento.
Mayor Sbranti stated he attended the Dublin High School graduation and an East Bay Regional
Communications System Authority meeting. He also stated that former Mayor and City
Councilmember Paul Moffatt recently passed away and would be honored with services on July
5, 2011, and July 6, 2011 at St. Raymond's Church.
Cm. Hildenbrand stated she attended the All-America City experience and expressed her
appreciation to the delegation and Staff, who were instrumental in winning this prestigious
award.
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ADJOURNMENT
10.1
There being no further business to come before the City Council, the meeting was adjourned at
8:36:51 PM in memory of Staff Sgt. Sean Diamond and our fallen troops and in honor of the
late former Mayor and Councilmember Paul Moffatt.
Minutes prepared by Dora Ramirez, Deputy City Clerk.
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Mayor
ATTEST: ~~` ~~~'~/
City Clerk
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