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HomeMy WebLinkAboutItem 4.1 Draft 09-20-2011 Minutes G`~~ OF DU~~y 19' STAFF REPORT CITY CLERK `~~s~~ ~ C~ ~ CITY COUNCIL Flle # 610-10 ~ rFOU~~ DATE: October 4, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager C~..J SUBJECT: Minutes of Regular Meeting of September 20, 2011 Prepared by Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the Regular City Council Meeting of September 20, 2011. FINANCIAL IMPACT: None. RECOMMENDATION: Approve minutes. P (~G~-------_r--..- Submitted By Reviewed By City Clerk Assistant City Manager DESCRIPTION: The City Council will consider approval of the minutes of the Regular City Council Meeting of September 20, 2011. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes, Regular City Council Meeting, September 20, 2011 2. Written Public Comments for Item 8.3 Page 1 of 1 ITEM NO. 4.1 DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING -September 20, 2011 CLOSED SESSION A closed session was held at 6:29:51 PM regarding: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case i A regular meeting of the Dublin City Council was held on Tuesday, September 20, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:59:43 PM by Mayor Sbranti. r ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. i REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. i The City Council agreed, by consensus, to hear Items 8.1 and 8.3 after the Consent Calendar. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT ORAL COMMUNICATIONS Introduction of New Employee: Barbara Dunning, Accountant -Finance 7:00:57 PM 3.1 700-10 Administrative Services Director Paul Rankin introduced Barbara Dunning, the new Accountant in Finance. The City Council welcomed Ms. Dunning to the City Staff. Constitution Week 2011 Proclamation 7:03:45 PM 3.2 610-50 The City Council presented a Proclamation regarding "Constitution Week 2011." "Freedom to Read Week, 2011" Proclamation 7:08:02 PM 3.3 610-50 The City Council presented a Proclamation regarding `Freedom to Read Week, 2011." Presentation from Alameda County Library regarding Current Events 7:08:31 PM 3.4 220-10 Alameda County Librarian Jean Hofacket and Branch Manager Lee Jouthas presented an informational report on current events at the Dublin Library. The City Council received the report. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Public Comments 7:35:59 PM 3.5 Teri Kenney and Lori Godwin, Dublin High School Band Boosters, invited the City Council to a pasta feed to benefit the Dublin High School Band's trip to New York. i CONSENT CALENDAR 7:38:58 PM Items 4.1 through 4.8 Cm. Biddle pulled Item 4.1 and Mayor Sbranti pulled Item 4.4, for further discussion. On motion of Cm. Hildenbrand, seconded by Mayor Sbranti and by unanimous vote, the City Council took the following actions: Adopted (4.2 320-30) RESOLUTION NO. 160 - 11 ADOPTING THE 2011 ANNUAL REVIEW OF INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS Adopted (4.3 350-40) RESOLUTION NO. 161 - 11 AUTHORIZING THE USE OF ECS REFINING FOR THE RECYCLING OF CITY ELECTRONIC WASTE AND SURPLUS COMPUTER EQUIPMENT Adopted (4.5 600-30) RESOLUTION NO. 162 - 11 APPROVING THE CONSULTING SERVICES AGREEMENT WITH PAKPOUR CONSULTING GROUP, INC., FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Authorized (4.6 710-20) Staff to attend out of state conference. Approved (4.7 300-40) Check Issuance Reports and Electronic Funds Transfers. Received (4.8 330-50) reports as authorized by Section 41004 of the California Government Code; and approved the Budget Change. r Cm. Biddle pulled Item 4.1, Minutes of Regular City Council Meeting of September 6, 2011, and stated he would abstain from voting on this item as he was not in attendance at the September 6, 2011, City Council meeting. On motion of Mayor Sbranti, seconded by Cm. Hildenbrand and by majority vote (Cm. Biddle abstaining), the City Council approved the minutes of the September 6, 2011 Regular City Council meeting. Mayor Sbranti pulled Item 4.4, Park Lighting Replacement Project, Contract No. 11-11 (600-35), and stated it was good to see the stimulus funds the City was receiving for Kolb, Dolan and Shannon Parks to have energy efficient park lighting. He stated some jurisdictions were figuring out what the generated savings would be going to more energy efficient lighting, in terms of cost, and then bonding to do that energy efficient lighting and then using the savings to pay back the bonding. Had the City looked at that internally? Assistant City Manager Chris Foss stated he did not know if that had been studied specifically. He stated the Park Department may have done that as part of this project. Parks and Facility Department Coordinator Rosemary Alex stated no. Basically the City was receiving funds from the stimulus program and was utilizing those funds to implement the renovation work. Mayor Sbranti stated that was a great use of the funds. Maybe Staff could look to see if other jurisdictions had worked on the bonding mentioned earlier. Mr. Foss stated he would ask Assistant to the City Manager Roger Bradley to look into this as part of the current Energy Audit, as it would be brought back to the City Council. On motion of Mayor Sbranti, seconded by Vm. Hart and by unanimous vote, the City Council authorized Staff to advertise Park Lighting Replacement Project, Contract No. 11-11. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT WRITTEN COMMUNICATIONS -None i i RECESS 9:18:39 PM Vm. Hart called for a brief recess. The meeting reconvened with all Councilmembers present at 9:27:14 PM. i PUBLIC HEARINGS Introduction of Ordinance Establishing Bus Stops on Dublin Boulevard and Adoption of Resolution Approving Second Amendment to the Bus Shelter Encroachment and Maintenance Agreement with Livermore Amador Valley Transit Authority (LAVTA) 9:27:18 PM 6.1 (1060-20) Mayor Sbranti opened the public hearing. Traffic Engineer Jaime Bourgeois presented the Staff Report and advised that the City Council would consider introducing an ordinance amending the Dublin Traffic Code to establish bus stops on Dublin Boulevard at the Fallon Gateway shopping center. The City of Dublin and Livermore Amador Valley Transit Authority (LAVTA) entered into an agreement in November 2009 that defined the encroachment and maintenance responsibilities for both parties in operating and maintaining bus stops and bus shelters within the City of Dublin. The City Council would also consider approving an amendment to the agreement to add the proposed bus stop locations and to authorize the City Manager and Executive Director of LAVTA to make certain amendments to Exhibit A of the Agreement without City Council approval. Mayor Sbranti asked if the sidewalks or bicycle lanes were in, headed out to the new Target. Ms. Bourgeois stated because of the undeveloped land to the west, there were no continuous sidewalks from the developed areas to Target. Assistant City Manager Foss asked if Ms. Bourgeois knew where the sidewalk stopped. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Ms. Bourgeois stated she did not. Mayor Sbranti asked if the bike lane extended that far. Ms. Bourgeois stated the bike lanes were not continuous at this point. Once it was fully developed, the bike lanes would extend all the way out. Assistant City Manager Foss stated the gap right now was the Kaiser property and Grafton Plaza. He would ask Public Works Staff to take a look at the area to see what was there and come back with a report to the City Council of what the existing conditions were and if there were any options Staff might have. Ms. Bourgeois stated what had been provided was a temporary AC path that connected the proposed bus stop location to the temporary AC path on site that would connect Dublin Boulevard to the Target Store. Similarly, on the north side, Livermore Amador Valley Transit Authority (LAVTA) would be funding a temporary AC path to accommodate the northern bus stop. Vm. Hart stated he agreed and he was surprised by the number of pedestrians in the area. Assistant City Manager Foss stated he believed Mr Tong had provided some of that AC path. Vm. Hart stated the asphalt was not the best kind of thoroughfare. Assistant City Manager Foss stated full improvements would be very expensive. The City could look at what they could do with limited resources. Vm. Hart stated this was along-term problem. He would advocate finding creative solutions. He stated the City should fix it on the front end and front some of it. Assistant City Manager Foss asked Staff from a Traffic Engineering viewpoint, would they want to keep pedestrians on the north side of Dublin Boulevard. Ms. Bourgeois stated there were crosswalk accommodations at intersections to the west. Depending on the conditions along Dublin Boulevard between Fallon Gateway and Lockhart, she would want to asses both side sides of the street. Depending on which seemed most appropriate, they could accommodate connectivity to either side. Assistant City Manager Foss stated Staff would bring it back to the City Council either as a Staff Report or in memo format. No testimony was received by any member of the public relative to this issue. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Mayor Sbranti closed the public hearing. On motion of Cm. Biddle, seconded by Vm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 163 - 11 APPROVING SECOND AMENDMENT TO THE BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT BETWEEN THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY AND THE CITY OF DUBLIN On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote, the City Council waived the reading and introduced an Ordinance amending the Dublin Traffic Code establishing bus stops on Dublin Boulevard. i UNFINISHED BUSINESS -None. NEW BUSINESS Site 16A Eastern Dublin Specific Plan and General Plan Amendment Study 7:43:23 PM 8.1 (420-30) Principal Planner Kristi Bascom presented the Staff Report and advised that the City Council would consider whether to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study to change both the General Plan and Eastern Dublin Specific Plan land use designations fora 14.32 acre parcel at the southwest corner of Dublin Boulevard and Hacienda Drive from Campus Office to General Commercial/Campus Office. Matt Middlebrook, Senior Vice President of Caruso Affiliated, stated he appreciated the opportunity to work on this project. They were retail developers primarily based in southern California. This would be their first project in northern California. They have had their eye on Dublin for some time. They looked forward to coming back in the weeks ahead to share their plans in more detail as they moved forward. Mayor Sbranti asked Mr. Middlebrook, what made Caruso Affiliated choose Dublin for this project. Mr. Middlebrook stated they had wanted to move into northern California for quite some time. Dublin and the Tri-Valley area was a desirable area. The infrastructure in Dublin was fantastic in terms of what had been built out. The public transportation and the planning done around DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT the site in terms of the transit center and the proximity to BART was very desirable. The way Dublin had planned its growth was a great opportunity for them to come and work with the community and develop a project that could serve the community that was here and also serve the coming growth. Cm. Swalwell asked what kind of businesses might be on the property. Mr. Caruso stated what they anticipated was a grocery market-anchored center, with surface parking in front, combination of restaurants, retail, and one or two larger stores. They were very early in the discussion with potential tenants. They would hopefully be back in 60-90 days to begin to speak about more specifics. They were encouraged by the level of interest of merchants to be in this market. It was very desirable. Cm. Swalwell asked for confirmation that this was only a study and the City Council was not approving anything. Ms. Bascom stated the City Council was only allowing Staff to begin discussions and take a look at what the applicant had proposed. Cm. Swalwell asked who would pay for the study. Ms. Bascom stated the developer would submit a deposit to the City against which the City billed its time and materials. So the applicant would bear the full cost of that. Cm. Hildenbrand stated she was excited about this project. Mayor Sbranti stated they had looked at other locations. This was a superior project here. Vm. Hart stated this was a great opportunity for awin-win for the developers as well as the community in that area. On motion of Mayor Sbranti, seconded by Cm. Swalwell and by unanimous vote, the City Council adopted RESOLUTION NO. 164 - 11 APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY TO CHANGE THE LAND USE DESIGNATIONS FORA 14.32 ACRE PARCEL AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND HACIENDA DRIVE FROM CAMPUS OFFICE TO GENERAL COMMERCIAL/CAMPUS OFFICE i Fiscal Year 2012-2013 Community Development Block Grant (CDBG) and Community Support Grant Programs DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT 9:37:47 PM 8.2 (480-10) Assistant to the City Manager Amy Cunningham presented the Staff Report and advised that the City Council would consider administrative changes related to the Fiscal Year 2012-2013 Community Development Block Grant (CDBG) and Community Support Grant Programs, including the establishment of a streamlined grant program name. Additionally, the Mayor would appointment two City Councilmembers to the CDBG and Community Support Grant Program Subcommittee. By consensus, the City Council approved: the proposed calendar; formalization of a streamlined grant program name; requirements for mandatory applicant attendance at a community meeting; and establishment of minimum and maximum for all grant requests; and approved the appointment of Cms. Hart and Swalwell to the CDBG and Community Support Grant Program Subcommittee for the Fiscal Year 2012-2013 grant cycle. i Promenade KB Home/Charter Properties General Plan and Eastern Dublin Specific Plan Amendment Study Initiation Request PLPA-2011-00035 Mayor Sbranti stated he was recusing himself from this item as his economic interest and his residence gave rise to a potential conflict of interest. He left the dais and turned the proceeding over to Vm. Hart. 7:56:19 PM 8.3 (420-30) 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 5.7 acres ("Study Area") from Public/Semi-Public and Neighborhood Commercial to Medium/High-Density Residential. The proposed land use amendment would allow a residential density of 14.1 to 25.0 dwelling units per acre. The Study Area was located on the south side of Central Parkway between Chancery Lane and Grafton Street and on the west side of Grafton Street, north of Finnian Way and the Devaney Neighborhood Square within the area known as the Promenade. Cm. Biddle asked if the medium high density would permit somewhere between 14 and 25 dwelling units per acre and that, multiplied by the 5.7 acres, was what would give them about 80 to 140 units. Mr. Porto stated that was correct. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Cm. Swalwell asked what was the difference between a study and actually approving this project. Mr. Porto stated, if the City Council authorized Staff to move forward, Staff would go through an analysis of what the applicant had brought to the table. They would look at it for its appropriateness in the particular area. Tonight, the City Council was doing nothing but setting forth, if they did choose to authorize Staff to move forward, to analyze this. There was no decision for any kind of a project before the City Council tonight. Cm. Swalwell asked who paid for that. Mr. Porto stated the developer. Cm. Swalwell asked if the project moved forward, how much would be left for commerical. Mr. Porto stated 3.9 acres would be left for commercial. Cm. Swalwell asked, total for the whole area, how much was left for commercial. Mr. Porto stated the overall area was 23 acres. He did not have the exact number on the other pieces of property right before him. But it would leave the other four parcels intact. In a previous item regarding the Promenade, they moved around the development areas. There was always the intent to be able to balance the 230,000 square feet of retail on the four sites that were proposed. Cm. Swalwell asked if any housing plans had been submitted. Mr. Porto stated not really. There was a conceptual plan but it was something that would take a lot of work before it was brought forward. Cm. Swalwell asked what kind of public participation could happen if the developer paid for a study and moved forward. Mr. Porto stated there would be public hearings for the Planning Commission and the City Council. But due to the public interest involved, the developer would probably initiate community meetings and discuss issues with the residents in the area. Cm. Swalwell asked if there was anything the City could do to force the developer to build commercial today. Mr. Porto stated he would defer this question to the Assistant City Manager. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Assistant City Manager Foss stated no. The Promenade was an economic decision made by the developer. He would not want to speak for Mr. Tong as to why the project had not moved forward. Cm. Biddle asked if therewere some examples in the community of medium high density residential development like that being considered. Mr. Porto stated Sorrento East, which was directy across the street, was a good representation of what a medium high density development would look like. Cm. Biddle asked if medium high density could incorporate small, single-family homes as well as multi-unit. Mr. Porto stated yes. Vm. Hart asked Staff to explain about the ten year development agreement and what happened after the ten years. City Attorney John Bakker stated the ten year language was contained in the planned development zoning for the project. It was a statement that was included in the materials submitted by the applicant. From what Staff was able to discern, that was never implemented in the zoning. There was no automatic reversion whereby after the ten year period it automatically reverted back to medium high density residential. There also was not any language to that effect in the General Plan or the Eastern Dublin Specific Plan. It had been Staff's understanding that in order to implement that ten year change, they would have to come back and do a General Plan amendment in order to convert it to residential. Vm. Hart asked for clarification. If this was denied, what would the area look like for purposes of development? Mr. Bakker stated if it was denied, the status quo would remain in effect, which meant that the property would continue to be designated for public/semi-public and the portion of the neighborhood commercial that they are proposing be switched to medium high residential would remain neighborhood commercial. Cm. Swalwell asked what did public/semi-public mean. Mr. Bakker stated the uses could be libraries, city offices, State, county, public agency facilities, post offices, fire stations, or utilities. Vm. Hart asked if that space specifically designated public/semi-public was big enough for a library. It seemed small for a library in regarding to parking. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Mr. Porto stated it would depend on the size of the library. And that was exactly right. There was the issue of being able to get all the uses and comply with the City requirements. It was generally parking that was at issue. If parking took up too much space, the building would get smaller and smaller depending on the land use. Vm. Hart asked if there were any plans for purposes of City office in that spot. Assistant City Manager Foss stated no, there were not plans for City office in that spot. Vm. Hart asked about any plans for state, county, public agency facilities, post office or fire stations. Assistant City Manager Foss stated no. Vm. Hart stated if it was not used for any of those purposes, then it would be used for residential dwellings regardless of the density. Mr. Porto stated there was still the opportunity for semi-pubilc facilities such as a daycare center, youth center, community theater, hospital or private school to be built there but the size had been a hinderance on past projects. The only semi-public facility that had been constructed recently in the City was the Montessori School on Brannigan. James Tong, applicant representative, stated he wanted to point out the inconsistencies of the emails that were sent to the City Council regarding the project. The site had been offered to the Fire Department when they were building Fire Station 18. They turned it down. They had intentions of keeping the Promenade as retail. Unforturnately, because of the downturn of the economy, the project was delayed because citizens appealed the Planning Commission approval to the City Council. Subsequently, Toll Brothers questioned the project and the applicant had to rescind the application and start the project again. Because of the delays, the financial world had changed. Total cost of the Parcel 4 project was budgeted at $35 million. Without financing he could not hire somebody to build it. He had just wanted to provide some of the history of the project. It was only a study. They were not approving the project tonight. There would be opportunities for the public to make comments if the project came forward. He was willing to work with them to see what their concerns were and come to some kind of agreement that allowed the project to go through. Vm. Hart clarified that the applicant's position was this was only a study and believed pursuant to the development agreement, the applicant had the ability to modify. Beginning of Public Comment: Samuel Souza, Dublin resident, requested his comments be read into the record, and are attached hereto. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Roger Clark, Dublin resident, requested his comments be read into the record, and are attached hereto. Renata Flecchia Tyler, Dublin resident, spoke in opposition of the rezoning study. Jaspreet Baveja, Dublin resident, spoke in opposition to the rezoning study. Christiana Le (sp), Dublin resident, requested her comments be read into the record, and are attached hereto. Ramon Salcido Firmeza, Dublin resident, spoke in opposition of the rezoning study. Beth Martin, Dublin resident, requested her comments be read into the record, and are attached hereto. Elliot Edge, Dublin resident, spoke in opposition of the rezoning study. John Zukoski, Dublin resident, spoke in opposition of the rezoning study. Cindy Larson, Dublin resident, spoke in opposition of the rezoining study. Jing Liu, Dublin resident, requested her comments be read into the record, and are attached hereto. James Limoncelli, Dublin resident, spoke in opposition of the rezoning study. Steven Westerfield, Dublin resident, spoke in opposition of the rezoning study. Tim Sbranti, Dublin resident, spoke in opposition of the rezoning study. Steve Jackson, Dublin resident, spoke in opposition of the rezoning study. James Tong, applicant, stated he was amazed at the previous comments. He asked where the parking problem was coming from? Who promised the Promenade would be built? He had not. He had not sold the residents a their property. He acquired the property in 2006. They were in a fact finding process right now. He asked that they speak to the facts. Cm. Hildenbrand asked for clarification on the neighborhood commercial piece -the piece that was not up for rezoning. Was it eligible to have housing on top of the potential retain buildings? Could there be, potentially, more housing that they were not discussing tonight? DUBLIN CITY COUNCIL MINUTES 13 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Mr. Porto stated the neighborhood commercial land use designation did allow a mixed use program of some residential, yes. Cm. Hildenbrand stated there could potentially be some, correct? Mr. Porto stated yes. Vm. Hart asked if this was not approved, what would be the vision in five years? Would it still be public/semi-public? What could potentially be built there? Assistant City Manager Foss stated Staff could not answer that. If the City Council were to take a vote in opposition to this study, then the zoning would remain public/semi-public. Vm. Hart stated some of the speakers had stated they felt the study was premature. Was it premature? Assistant City Manager Foss stated he would hate to put Staff on the spot. The decision before the City Council tonight was to consider a request to initiate a study. To say it was premature or not, was not for Staff to say. Cm. Biddle stated there had been a lot of discussion about high density. The study would look at medium/high density which could include single-family as well as multi-family units. They were not speaking of high density. If they got into high density, they would be approving a different study. Assistant City Manager Foss stated if the City Council were to approve amedium/medium high designation and they wanted to go higher, it would come back through this same process. Vm. Hart asked if it would increase the current designated density. Assistant City Manager Foss stated there was currently no residential density there. Mr. Porto stated they were proposing additional housing so those additional units would factor into the 1,396 units that they were calling Dublin Villages. Cm. Biddle stated a parking study would only pertain to this particular development. It would not be intended to solve the parking problem for the whole neighborhood. Mr. Porto stated they would look at the overall parking in the area but they would specifically figure this particular project and its needs and it meeting the current City ordinances. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Cm. Biddle stated the City had looked at parking in this area. One of the problems was the homeowners associations were not enforcing its rules in relation to parking. People were using their parking stalls for storage. Cm. Hildenbrand stated she had lived in the neighborhood and knew of the difficulties of the parking in the area. She had a grave concern about adding any additional housing because of parking. It was difficult to put in public/semi-public. She preferred to wait to see what was going to happen. She wanted to point out there could be housing over the retail in that area. This was a difficult decision for her. She would like to see it stay zoned the way it was for now and look at it at another time, if needed. Cm. Biddle stated there had been discussion on the lack of progress on commercial development. Was there any update on that. Assistant City Manager Foss stated that would be a question to be asked of Mr. Tong. Mr. Tong stated the proposed project on the commercial portion was approved in 2010. There was delay as mentioned previously. The budget was $35 million. The fee was $15 million. The total requirement to build that project was almost $50 million. There was not lender willing to loan him the money. Cm. Biddle stated everytime the City approved a residential project, part of the project was approval for a certain number of designated parking spaces with that unit. Some of the energy should be directed in getting residents to use their designated parking for actual parking, not storage. The homeowners assocations should be enforcing this. This was a large part of the parking problem in this area. Vm. Hart asked what was the net potential gain of housing in that study area. Mr. Porto stated that was based on the low end to the high end of the medium high density range in the City's General Plan, 14.1 to 25 units to the acres with amid-point of 20. They could come in anywhere in that range with their proposal. You could see an additional 80 to 140 units. Vm. Hart asked how many were anticipated for Parcel 1. Was there a development agreement on Parcel 1 ? Mr. Porto stated there was an overall Development Agreement from 2000 that spoke of the land uses that were in that particular area and it did mention neighborhood commercial and it did speak to mixed use development and allowing residential as part of that. Assistant City Manager Foss stated it was not specific to the number of units that could be placed on that site. DUBLIN CITY COUNCIL MINUTES 15 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT Cm. Swalwell stated there was no denying there was a parking issue there. He supported building the Promenade, but they could not force the developer to build it. What was being voted on tonight was not whether or not to approve a rezone. If he voted to approve this tonight, it in no way signaled that he approved this in the future. He was very skeptical of housing. This study, if approved, would require the developer to come up with something that would work. He did not see that a study was such a bad way for everyone to get involved now. This kept the conversation going and kept the heat on the developer to deliver a project that was going to allow the City the retail they were all promised. He was not voting to approve more housing tonight. He encouraged everyone to stay involved. If the study showed the developer that it was a rejection of what he wanted to do, then it was his money. He also asked that the process continue with civility. Cm. Biddle stated designating certain land uses as semi-public and stopping there had not been working for the City. What they were looking at was a different way to accommodate semi-public in the City. He was supportive of doing the study. This was step one. It would still need to go before the Planning Commission and then come before the City Council. By looking at this process, they might encourage progress. Vm. Hart stated he too was concerned about some of the comments. Parking was always a problem, especially in east Dublin. The applicant clearly heard that tonight. He indicated he received well over 250 emails as well. This was a study. He was not in favor of how this was currently designed. He did want to see what the potential options were. Based on medium to high density, he was not interested in that. It exacerbated the problem in terms of parking. On motion of Cm. Biddle, seconded by Cm. Swalwell and by majority vote (Cm. Hildenbrand voting no, Mayor Sbranti having recused himself), the City Council adopted RESOLUTION NO. 165 - 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 5.7 ACRES ON THE SOUTH SIDE OF CENTRAL PARKWAY BETWEEN CHANCERY LANE AND GRAFTON STREET FROM PUBLIC/SEMI-PUBLIC AND NEIGHBORHOOD COMMERCIAL TO MEDIUM/HIGH-DENSITY RESIDENTIAL 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) DUBLIN CITY COUNCIL MINUTES 16 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 DRAFT 9:44:01 PM Assistant City Manager Foss stated Dublin Police Services Crime Prevention Unit had sponsored a Child Care Safety Seat inspection at the Dublin Sports Grounds today and there had been 22 seats installed or properly re-installed by Staff. He also stated there would be a Community Golf Tournament tomorrow at the Dublin Ranch Golf Course. Cm. Biddle stated he had nothing to report. He would be attending the League of California Cities Conference in San Francisco at the end of the week. Vm. Hart stated he attended a City of Dublin/Dublin Unified School District Liaison meeting. He stated he also attended an Associated Community Action Program meeting. Cm. Hildenbrand stated she attended a Livermore Amador Valley Transit Authority meeting and an East Bay Division League of California Cities meeting. She also stated the School of Imagination was moving into its new location. Cm. Swalwell stated he attended Pleasanton's September 11 memorial and the Deputy Sheriffs barbeque. Mayor Sbranti stated he attended a City Manager's-Mayor Tri-Valley Council meeting, and he attended various September 11 memorials. He also attended the Contra Costa County Healthy Cook Off Competition. i ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:56:36 PM 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 17 VOLUME 30 REGULAR MEETING SEPTEMBER 20, 2011 ~~~~~~g~ 1 ' f ) ~t ~ ~ _ *r ` t - F ~ - ( { _ _ f 3 , t t i , k ~ ~ ~ ~ - ~ l ~ '~a . Please complete this form and submit it to the CITE CIf~ in order that information can be accurately entered into the minutes. . The MAYOR wi11 give anyone who wishes to address the Council an opportunity to do so at the appropriate time. - NAME: ~ c4•~t ~ C ~.+~~~c:~. (Optional) . ADDRESS: ~taFC,~fi~~fil-~ ~~t~ 67~;~~~ C.-~ l~~'~l ~a ° AGENDA ITEl!![ 1V ~ r I wish to speak. . I DO NOT wish to SPEAK, but would like fin have the I'oilowing comment{s} .entered into the public xecord: ~n( pp jj pp pp' ~ ' (f ~7 ()!''1~~!':a7 F>.rf'3 taC.7~ dF(;*$J ~1'('~~ e~t~E,Cf~ f~`~: '7~ft~.tJ.LJ EF~ (f14:b f(..~`~<~.~C.eC d~. ~r~1f ~iC~ss°2..i"Ga.{ ~'Lz-z,~~'r~'~ ` s x,r-~ €:C~ !Gs ,n" dl~~ ail' ~ ~ ~~?l~f czi, ~d ~~[?G,f1 tU l,;~c',' I ~ ~ e:~_ ~.43,~r-~ $'fr~~, t ! } ` / ~G'. - C~? li - I ~`/F.'' ~~('~1!F`~~;~:s1 !e_~~F,2 y>` f "f L~ G,G`rf c~?.d' f GG~Q='~> t ~ .{.1~3 ~ .~4leldt I fG~~i E~~ f i tn1~.ff ~~P.'. f d L+v° LJ T f e~ U J _ i": ~~.r f k ` r (41 ! i ~9 Go J t5. ' !i C Z ? ~ ' r _ t ~r.' ~s • .~3d~ ~C~-f p~ l Q 2~~;~f~'G~t€ ~ l,d~i~{ ~-U~~~ itJrFt',{.7 !~t'. ri:;~~/~,!/1 : ~.fv tkrt,? c2.~~f~ ~~'~'~f ,at-€~~ ZAP )~e~1Ps,; ~~7/a ~~r~r~, . 1F~f 2+ff.Q~a?'f ~l Gw~.rF.~ _,„~,s f' ~y~"f!.£; f ~s f~. Ls!! ~ ' ~!`C%ct-F > r'-' ~9, ` t' Piease compiete this form and ,submit it to the CITY CI.E in order that information can be accurately entered into the minutes. The MAYOR will give anyone who wishes to address the Councii an opportunity to do so at the appropriate time. - NAME: ~ (Optional) - ADDRESS: ~°I ~ ~ SU~3J~G'r - A~~I~A ITEM l~T®. T wish to speak. Z DO NO'r wish to SPEAK, but would like to have the following comment(s) .entered into tEhe.pubhc recor``'d: b i C~ ~ti ~ T~ ~~®RESS ®[J~Ll~ ~i•TY ~®1J~~1L ~ 'f w=^, - ~-{r 9 -5 - 3 - - ~ ~ ~ _ ~ a rft ~ , fS Please complete this form and submit it to the CITY CI1E in order that znform-atzon can be accurately entered into the minutes. - The MAYQR will give anyone who wishes to address the Council an opportunity to do so at the appropriate time. NAME: ~i~V~ ~~~D~- t,~. {Op#ionat) - ADDRESS: 3~Q1,Q Iii ~ SUBJECT ~ ~ - AGEIV~A STEM NQ, ~ Z wish to speak. ~ DO NOT wish to SPEAK, but would like to have the following comment(s) entered into the public record: ,~-r-~ c~us - ~ ~ ~ S a,~. Game's ~ r.. ;t d ~ `s ~dd•~ ~ ~s a ~ ~ ~~~~~~3 4 _4T ~ ~ ~ - - - ' - _ t -~R , Please complete this form and submit it to the C~'I'~ CI.~ in order that information can be accurately entered into the minutes. The MAYOR will give anyone who wishes to addzess the Council an opportunity to do so at the appropriate time. - NAME: ~ ~V h~ (Qptionat) ..~DxESs: ~~r ~°I C-~-4~~Yr~.1 PtL~ ~~.~1~~ ~ ~ SUBJECT ~1 i~i~-1~ ~r ~ c~ Cie ~,~e ~ ~ 1 ~ ~.;s~~r~; Ll.. C71 i ~1 S ~3 C G i ~ 1 G~v~ ~1rY"~Y~~/v~G-~Yb(• t~ ~-~-t.C~~ . - A~~ivAA STEM N~, Z wish to speak. ~ DO NOT wish to SPEAK, but would like to have the following comments} entered into the public :record, ~C~ 1~ 1~YICfi.~ ~ ~t ~-~~flS ~ ~n~u~ J If ~.J ~ L r it 4, A W 0 Y. r~ `~~n~ 11l ~ 1~, C,~,~ ~ _ CL~ r ~a1~`m r e~C t S~I ~ yi ~C 5 k i n ~~S-~ ~l~~,l'~~n ~,Y~il~i~~ ~ ln) ~'~L~ `~'~'1~e y~l.~~ G1,~ Prv e th `c~ce a~nc~ r~--,~k-~ ; ns~ ~J~~l-~,,, ~ ~ ~ c~.~e~ ~ 1 ~v e. ivy. Chunhua Liao & Jing Liu 3655 Finnian Way Dublin, CA 94568 September, 17 2011 Re: PROJECT PLPA-2011-00035 Promenade KB Home/Charter Properties General Plan and Eastern Dublin Specific Plan Amendment Dear City Council member: I do not support the request by KB Home and Charter Properties to convert half of the retail space at the Promenade to high-density condos. If approved, this land use conversion will be a classic "bait and switch" scheme made possible by Dublin City Hall. For ten years, new East Dublin residents in the tens of thousands have been told that the Promenade would bean upscale shopping destination to rival San Jose's Santana Row. Now that everyone has already bought or rented homes in and around Dublin Ranch Villages based on that promise, the City of Dublin is trying to shoehorn more condos into an area already saturated with high-density housing. The prospect of more high-density condos instead of the upscale shopping center promised to residents could not have come at a worse time. Property values have cratered over the past few years. Scrapping the Promenade in favor of additianalhlgh-density condos beyond the 1,400 units already built as part of the Dublin Ranch Villages wil[ further reduce the value of my home. Even worse, the loss of a shopping & dining district within easy walking distance of thousands of residents will seriously degrade the quality of life that all of us were seeking when we purchased in the Dubfin Ranch Villages. It also completely contradicts Dublin's vision of creating "mixed-use walkable villages" within the city and instead condemns Dublin Ranch Villages to be just another high-density residential neighborhood almost entirely dependent on cars, and yet with seriously insufficient parking for those cars. East Dublin schools are already overcrowded. The Dublin Unified School District will likely use the impact fees generated by the new homes to pay off funds borrowed to build Kolb Elementary School instead of creating additional long-term capacity for new students. As a result, students in the already oversubscribed schools in East Dublin could be diverted to a school in West Dublin. 1 Residents living in the Villas and Cottages at Dublin Ranch Villages are so desperate far parking that they have been parking on the dirt patch I<B Home wants to rezone for more condos. Will there be enough parking once more residents move into the new ICB Home condos? Dublin is a wonderful city to live in, and I trust that you will do what is right for the community. Please maintain along-term vision for Dublin instead of falling prey to short-sighted planning based on temporary economic conditions. Please vote against the request by I<B Flome and Charter Properties to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study to evaluate changing half of the Promenade to a Medium/High-Density Residential land use area. I urge you to stop l<B Home and Charter Properties from ruining our dream of the Promenade that has been promised for a decade. Sincerely, Chunhua Liao & ling Liu - ~~~~~Z~~1 Owners of 3655 Finnian Way {The Cottages of Dublin Ranch Village} Dublin, CA 94568 2