HomeMy WebLinkAboutItem 4.01 Draft CC 12-4-07 Min
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CLOSED SESSION - None
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A regular meetmg of the Dublm CIty CouncIl was held on Tuesday, December 4,2007, m
the CouncIl Chambers of the DublIn CIVIC Center The meetmg was called to order at
7 01 pm, by Mayor Lockhart
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ROLL CALlL
PRESENT CouncIlmembers HIldenbrand, Oravetz, SbrantI and Scholz, and Mayor
Lockhart
ABSENT None
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PLEDGE OJF ALlLEGlIANCE
The pledge of allegIance to the flag was recIted by the CouncIl, Staff and those present
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The City CouncIl meetmg was recessed at 7 02 pm for the regular DublIn InformatIOn
Inc meetmg
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The CIty CouncIl meetmg was reconvened at 705 pm with all CouncIl members present
DUBLKN CITY COlUNCKIL MKNU'JI'ES
VOILlUME 26
lREGlULAR MEETKNG
DECEMBER og, 2007
:r AGE og88
IDIRAJF1r
ORAL COMMlUN1[CA TJ[ONS
AlDlPOlInntmennt to Allamedla Cm.mtv MOSQllllldo AII:>>atemeHllt DnstJrIlc!
7 05 p m 3 1
(110-30)
CIty Manager RIchard Ambrose presented the Staff Report The CIty CouncIl conSIdered
the appomtment of JIm Kohnen to a term on the Alameda County MosqUito Abatement
Dlstnct Board
On motIon of Cm Oravetz, seconded by Cm SbrantI and by unammous vote, the CouncIl
adopted
RESOlLUTION NO. 2]10 - 07
MAKITN G AN AlP'PO J[N1rMEN1f 'Ir0 'fJB[JE,
ALAMEDA COUNTY MOSQUJ[TO ABA 1rlE MIlE NT DJ[STIDCT
BOARJI)) OJF TRUSTEES
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J[llltJrorll UBctnonn of New Em 1P1loyees Anngellnca Smntlln, PaJr1l:- Time JB[UBmann ResoUBJrces
Annallvst, MaUBJreenn O'Canllae:llnaHll, ArllmnmstJrahve Aulle
706 P m 3 2 (700-10)
ASSistant to the City Manager Juhe Carter mtroduced new Part-Time Human Resources
Analyst AngelIca SmIth CommunIty Development DIrector len Ram mtroduced new
AdmInIstratIve Aide Maureen O'Callaghan
The CounCil welcomed Ms SmIth and Ms O'Callaghan to the CIty Staff
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DUBlLlIN CITY COlUN<CIL MlINU1I'ES
VOLUME 26
REGUlLAR MElETJIN G
DECEMBER og, 2007
PAGE ogS9
IDIRAJF1r
PUD.lbhc Commennts
7 09 P m 3 3
No comments were made by any member of the publIc at thIS tIme
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CONSENT CALENDAR
709 pm Items 4 1 through 48
Vm HIldenbrand pulled Item 44 for dIscussIOn
CIty Manager Ambrose pulled Item 4 5 for dISCUSSIOn
On motIon of Cm SbrantI, seconded by Cm Oravetz and by unammous vote, the CouncIl
took the followmg actIOns
Approved (4 1) Mmutes - None
Adopted (4 2 450-30)
ORDINANCE 24 - 07
APPROVING A PD-PLANNED DEVELOPrvlliNT REZONING TO Al\AEND THE
ADOPTED STAGE 1 DEVELOPMENT PLAN AND ADOPT A STAGE 2
DEVELOPrvlliNT PLAN FOR THE WINDSTARPROlECT (APN 941-1500-046-01)
P A 06-009
Adopted (4 3 610-20)
ORDINANCE 25 - 07
A:MENDING CHAPTER 2 40 OF THE DUBLIN MUNICIPAL CODE
RELATING TO UNCLAIMED PROPERTY AND ADDING A DEFINITION TO
SECTION 1 04 020 OF THE DUBLIN MUNlCIP AL CODE
DUBLI[I~ ClIl'Y COlUNCJIIL MINUTES
VOLUME 26
REGUlLAR MEETITNG
DECEMBER 4l, 2007
JP AGE .g90
IDIRAJF1r
Recelved (4 6 330-50) Fmanclal Statements for October 2007
Approved (47 600-50) by motIon only, CooperatIve Agreement wIth CalIfornIa State
Department of transportatIOn (Caltrans) and Budget Change for a Stormwater Treatment
Umts Project
Approved (48 300-40)Warrant Register m the amount of$1,184,188 19
0-
Vm HIldenbrand pulled Item 4 4 (600-30) Artwork "Wmd, Lzght, Shade = TranqUllity"
Art m the Parks-Bray Commons Park, and asked Staff if a leaf wmd chIme she had
receIved from a resIdent and returned to Staff had been securely affixed to the artwork
Herztage and Cultural Arts SupervIsor John Hartnett stated that the leaf, as well as all the
leaves on the art, had now been secured wIth "0" rmgs to prevent them from fallmg off
On motlOn of Vm Hzldenbrand, seconded by em Scholz and by unammous vote, the
Counczl accepted the artwork "Wmd, LIght, Shade = TranquIhty" Art zn the Parks-Bray
Commons Park
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Clty Manager Ambrose pulled Item 45 (700-20), RevIslOns to the Personnel System and
stated that the ztem had been removed because there was a typographIcal error on the
resolutlOn notzng the wrong pas I tlOn The CouncIl had been provIded a corrected copy
On motlOn of Vm HIldenbrand, seconded by Cm Oravetz and by unammous vote, the
CouncIl adopted
RESOLUTION 211- 07
AMENDING THE CLASSIFICATION PLAN
DUBlLlIN CITY COUNCIL MINUTES
VOLUME 26
REGUlLAR MlEE 1lJING
DECEMBER ~, 2007
PAGE .g~n
~f~
lIl:&.~~~\~
J9~~Sl.
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RESOLUTION 212 - 07
AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM
COMPETITIVE SERVICE RESOLUTION
RESOLUTION 213 - 07
AMENDING THE SALARY PLAN - FULL-TIME
as amended, to correct posItwn to read "Publzc Works Manager"
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WRJl:T1I'EN COMMlUNJI CA 'fJIONS - None
~O -L-
lP'UBLlIC lHIEARKNGS
JIHllstalllatlloHll of STOP SD~JJllS onn Clreelkvllew Dlrnve at MaVIl1l1loDllt LaDlle (Nolrtlln)
7 12 pm 6 I (590-40)
Mayor Lockhart opened the publIc hearmg
Traffic Engmeer JaImee BourgeOIs presented the Staff Report and adVIsed that thIS Item
sought CIty Council approval to Install STOP SIgnS on Creekvlew Dnve to provIde safer
egress from Maymont Lane (North) due to lImIted sIght dIstance Concurrent wIth the
STOP signs InstallatIon, crosswalk markmgs and curb ramp upgrades were recommended
Vm HIldenbrand stated these Improvements were WIse to complete for the safety of the
neighborhood
No testImony was receIved by any member of the publIc relatIve to thIS Issue
DUBlLITN CITY COUNCJIlL MJINlU'fES
VOlLUME 26
REGULAR MJEETING
DECEMBER 4, 2007
JP> AGE .g92
IDlRAJF1r
Mayor Lockhart closed the publIc heanng
On motIon of Vm HIldenbrand, seconded by em SbrantI and by unanImous vote, the
Council adopted
RlESOLUT[ON NO 2110g - 07
APlP'ROV AL OF S'fOP SlIGNS ON CREEIKV1IEW DIDVE
AT INTERSJEC'flION OF MAYMON'f ILANE (NOlR'fm
and to mclude truncated domes and crosswalk markmgs as outlIned m the Staff Report
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Nne:llnttnme StOlPlPllnn2 RestnctllOllIl Ollll Mane Wav
7 23 pm 62 (590-20)
Mayor Lockhart opened the publIc hearIng
Traffic EngIneer Jalmee BourgeOIs presented the Staff Report and advIsed that thIS Item
sought CIty Council approval for a ISO-foot no stoppmg zone between the hours of
10 00 P m and 6 00 a m on the north sIde ofMape Way
Cm SbrantI asked Staff If the after hour events mentIOned by Traffic Engmeer BourgeOIs
were the cause of the parkmg vIOlatIOns or people In the park Itself
Traffic Engmeer BourgeOIs stated they did not have those detaIls If there were events m
the park, the report did not specify If there were vehIcles parked on the street assocIated
With that event It could have been people that had walked to or through the park
Karl Busche, DublIn resIdent, stated he was the resIdent that made the request and relayed
mformatIOn on actIvItIes In Mape Park such as parties, lIttermg and actIvItIes that
necessitated callIng the Pollee He belIeved the "No Parkmg" SIgns would be helpful to
curb such activity He was m favor of the Council adoptmg the request
DUBlLITN CI'fY COUNCIL MJINlLT1I'ES
VOLUME 26
lREGUILAR MEE 1I'JIN G
DECEMBER og, 2007
JP> AGE og93
lIJ)IRAJF1r
em Sbrantl asked If there were any sImIlar restnctIOns at other CIty parks
Traffic Engmeer BourgeoIs stated she was not aware of any
PublIc Works DIrector MelIssa Morton stated Staff would research whether or not there
were sImIlar restrICtIOns m other CIty parks
The CIty CouncIl dIscussed support of the request but were not sure It would solve the
Issues It mIght help deter some of the actIVIty
Traffic Engmeer BourgeOIS stated that Staff recommendatIOn was to reVIeW the results of
the "No Parkmg" SIgnS upon the request of a resIdent If the problems contmued
Mayor Lockhart closed the publIc hearIng
On motIon of Cm Sbrantl, seconded by Vm HIldenbrand and by unammous vote, the
CouncIl adopted
RESOLU'fiON NO. 2Jl5 - 07
AJPPROV AIL OF NO STOPPiNG ZONE ON MAlP'E WAY
DlJRJING SPECJIIF'TIED NTIGJB['f IHIOURS
and If disturbances contmued, and upon the request of a resIdent, a follow up study would
be conducted III SIX months to mvestIgate the feasibilIty of expandmg the restnctIOn to the
south SIde of Mape Way
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lP A Oog-OJl6 JFaftnonn CJrossmg SUlllbmntlerlllby Stall1ldlaJrd lP'acnfic IHIomes to COHllsndeJr a PD
RezoUllllHll1! annd Related Sta![e 2 DevellolJ]lmennt PllaHll fOJr Jl06 Resndlenntnall lLots
7 34 p m 6 3 (620-20/600-60)
Mayor Lockhart opened the publIc hearIng
DUBLlIN CTITY COUNCTIL MJINU1r]ES
VOLUME 26
REGlUILAR MEE1fJING
ID>ECEMlIllElR. .:!J, 2007
PAGE og9og
IDIRAJF1r
Planmng Consultant Mike Porto presented the Staff Report and advIsed thatthe ApplIcant,
Standard PacIfic Homes, requested approval of a PD rezomng and related Stage 2
Development Plan for the property The project proposal mcluded the constructIOn of 106
sIngle-famIly resIdentIal dwellIng umts (WhICh would Include 4 duplex bUIldmgs [8 umts
total] that would be used to comply wIth the IncluslOnary Housmg OrdInance) and open
space land uses consIstent wIth the Eastern DublIn SpeCIfic Plan on approximately
67 8 acres east of TassaJara Road, and located between the SIlvera Ranch development
and Moller Ranch property
Cm Oravetz asked Staff who would be plantIng and mamtammg the vmeyard
Plannmg Consultant Porto stated that the applIcant would be plantmg the vmeyard and the
homeowners aSSOCIatIOn (HOA) would mamtam It
Cm SbrantI asked In regard to the one-acre park WhICh would be mamtamed by the HOA,
was the CIty bUIldmg the park or gIvmg any gUIdance or would It be completely developer
bUIlt and HOA maIntamed?
Planmng Consultant Porto stated It would be completely developer-bUIlt and HOA
mamtamed
Cm Oravetz asked Staff why the City dId not take credIt for the park and mamtaIn It?
CIty Manager Ambrose stated the park dId not meet the mImmum reqUIrements for a
neIghborhood park as speCified m the Parks and RecreatIon Master Plan
Vm HIldenbrand asked If the park was only for the development, would the CIty be
contnbutmg any money for the art m the park
CIty Manager Ambrose stated thiS would be the developer's means of complymg wIth the
publIc art ordmance
Michael WhItby, Project Manager for Standard Pacific Homes, stated thIS was a
completely dIfferent SIte plan based on CIty CouncIl comments
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DUBLIN CJI1I'Y COUNCIlL MINUTES
VOLlUME 26
REGUlLAR MEE'flING
DECEMBER og, 2007
lP AGE og95
IDlRAJF1r
Mayor Lockhart stated she lIked the plan It brought new dImensIOn, a new look and Idea
to the communIty for a neIghborhood that would brmg people together wIth some
common mterests The developer had taken the vIllage mterest to heart
Vm Hildenbrand stated she was happy to see a dIfferent type of housmg UnIt come mto
the CIty, m regard to the duets They were dIfferent She would hke to see other
developers use thIS as an example ThIS was a great optIOn
Mr WhItby stated that as the project progressed, they watched what was gomg on The
other plan had some real Issues and thIS made somethmg mterestmg They were able to
turn the plan around
em SbrantI commented on how the duets mIrrored the other homes He asked how bIg
the balcony was on the French Country desIgn
Mr WhItby stated It was very shallow The doors could be opened, but they were more for
decoratl ve purposes
Cm Oravetz asked If the HOA would mamtam the vmeyard year after year
Mr WhItby stated the developer would put m the vmeyard and the HOA would mamtam
It It could be planted With non-frUIt bearmg vmes
Crn Sbrantl stated m that there was a lot bemg mamtamed by the HOA and bemg only
106 umts, what would be the cost of the HOA? At the Planmng ComrmssIOn meetmg, It
was stated that the cost could be around $250 Was that typIcal for prOjects of thIS sIze?
Mr Whitby stated that he would allow Jason Hadnot of Standard PacIfic Homes answer
that questIOn
Plannmg Consultant Porto stated that there was a slgmficant amount of topography on the
lower part of the project The fire department was concerned about fightmg fires m
natural open space m that partICular area There would have been some type of Irngated
landscape After lookmg at umque alternatIves to fill the space, thIS was the developer's
response to thIS Issue
DUBLlfN CITY COlUNCIL MlINlUTES
VOlLUME 26
lRlEGUlLAR MEE l'lING
DECEMBER og, 2007
PAGE og96
IDlRAJF'f
The Mayor stated the future homeowners would know the costs of the HOA before they
moved m and would understand to what they were commlttmg
No testImony was receIved by any member of the publIc relative to this Issue
Jason Hadnot, DIrector of Planmng at Standard SpecIfic Homes, stated he had addressed
the HOA Issue at the PlannIng CommissIon and related It to a similar project they had
completed m Concord, planted open space that bordered the property and a pool facIlIty
In that neIghborhood the fees were Just under $200 Although the costs of thIs
development's HOA had not yet been run, they were cogmzant that the dues took away
from what the reSIdent could pay for the home
VIce Mayor Hildenbrand stated that HOA dues were usually defined upfront and
homeowners would know what the fees would be
Mayor Lockhart closed the publIc heanng
On motIon of Cm Oravetz, seconded by Cm Scholz and by unammous vote, the Council
INTRODUCED the Ordmance approvmg a PD rezomng and related Stage 2 Development
Plan
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AplPlI"ovmg tllne JFoJrmatnonn oft' tllne JFannonn Vnllnage Geonognc 1Hhnzanll Albatemennt DllstJrRd
(GJB[AD) alllldl AJl)Jl}omtnnu! tllne Cnty COUBnncnn as tllne BoaJrdl oft'DllJredoJrs of tllne GIHIAID>
800 p m 64 (360-60)
Mayor Lockhart opened the publIc hearIng
PublIc Works DIrector MelIssa Morton and City Engmeer Mark Lander presented the
Staff Report and adVIsed that at the November 6, 2007, City CouncIl meetmg, a publIc
heanng was set for the CouncIl to conSIder formatIOn of the Fallon Village GeologIc
Hazard Abatement Dlstnct ThIS hearmg would allow formatIOn of the GRAD and
establIsh the CIty CouncIl as the Board of DIrectors of the GHAD
]]J)UBILJIN CI'fY COlUNCJI1L MINU'fES
VOILlUME 26
REGlULAR MEEl'lING
DECEMBER og, 2007
PAGE og97
IDIRAJF1r
Cm Oravetz asked If the $488 would be collected through property taxes and when would
the vote happen
CIty Engmeer Lander stated the ballots would be counted m February of 2008 There was
only one property owner, Braddock and Logan, at thIs time If there was a vote resulted m
favor of establIshmg the GRAD, the assessment would be leVied In August of 2008 and
the assessment would go on the 2008-2009 tax rolls The assessment would only be
leVied agamst propertIes for whIch a bUIldmg permIt had been taken out, as of June 30,
2008
Cm SbrantI asked what happened If a resident did not want to be part of the GRAD
CIty Engmeer Lander stated that at thIS pomt there was only one property owner,
Braddock and Logan, and they could protest the GRAD, vote the assessment down But
they were condItioned, m order to file a final map for the property, that they must have the
GRAD m place
Jeff Lawrence, Braddock and Logan, stated they VIewed thIS as a benefit for the project
The CounCIl had been dIscussmg the HOA fees and mamtenance needed to be addressed
on an annual basIs on a project thiS SIze WIth the GRAD there would be funds aVailable
to take care of mamtenance costs He hoped the CouncIl moved forward wIth the
formatIon of the GRAD
Mayor Lockhart closed the publIc hearmg
Cm Oravetz asked the CouncIl If they wanted to get mto the busmess of runmng a
GRAD
Cm Sbrantl stated he had asked the same questIOn about a year ago But InItIally they dId
not have homeowners so the CouncIl needed to be a part of thIS
Vm HIldenbrand added that the Council could take a more objectIve VIew It was
Important that the homes were safe It might be re-evaluated later
Cm SbrantI asked what was the standard practice III other JUrIsdictIOns? Were other
CouncIls mvolved m thiS manner?
DlUBLnN CiTY COlUNCKlL MKNU'fES
VOlLUME 26
REGULAR MEETING
DECEMBER og, 2007
PAGE 4198
IDIRAJF1r
PublIc Works DIrector Morton stated the trend was to have CouncIls or SupervIsors act as
the GHAD Board of Directors There had been areas m CalIfornia where reSIdents were
on the Board and there were such problems that the GRAD was dIssolved and a new
GHAD formed, wIth CouncIl member and SupervIsors on the Board
Mayor Lockhart stated that reSIdents could come and go on a Board, but m regard to the
safety Issue, It was Important to have officIals elected by the reSidents and advised by
Staff, to be on the Board
Vm HIldenbrand stated that It would not be a good Idea to have someone on the Board for
the wrong reasons
PublIc Works Director Morton stated that for the first three years, the GRAD would be
run by the developer Once the GHAD was taken over by the GHAD Manager, Staff
would have worked to provide GRAD management candIdates that could provIde good
geologIc adVIce to the Board
On motIon of Cm Scholz, seconded by Cm Sbrantl and by unanImous vote, the CouncIl
adopted
lRESOLU1rlION NO 216 - 07
APPROVlING TJB[JE lFORMAl'JION OF 'fHE
IF AlLLO N VJILlLA G E GJEOILOG IT C HAZARD ABA 1I'EMENT ][)l liSl'RJIC'f AND
APPOKN1rlING 1rJB[JE DUBlLIN ClITY COUNCJIlL AS 1I'HE BOAR[)) OF DJIlREC1I'ORS
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DlI.rnlLliN CITY COlUNCJIlL MINUTES
VOlLlUME 26
REGULAR MJEETING
DECEMBER og, 2007
lP' AGE 4199
IDJRAJF1r
lUNIFINlISIHIED BUSINESS
Braddock &, lLogaHl! AffoJrdablle JHIoUBsmg PJrojposall to Address IrrndUBsnonnary ZOHnnIlllg
Re1!UBllatnonns fOJr tllne AIllIdeJrsonn PJrolDeJrty
8 21 pm 7 1 (600-30/430-80)
Semor Planner Jeff Baker presented the Staff Report and advIsed that the CIty Counctl
had dIrected Staff to work wIth the ApplIcant to Incorporate market rate umts mto the
proposed 88-umt affordable project on the Anderson property m order to create a mixed
mcome development Braddock & Logan had proposed a 108-umt apartment to address
the dIrectIOn by the CIty CounCIl The CIty CounCil would provide Staff With further
dIrectIon regardmg the affordable oblIgatIOn for the proposed 20 addItIonal market rate
umts on the Anderson property
Vm Hildenbrand stated she was the one that asked that the Anderson property have more
of a mix rather than Just all affordable umts It was never her mtent to ask them to make
more affordable umts She would lIke the CouncIl to grant the developer the exceptIOn
The CouncIl concurred
On motIon of Vm HIldenbrand, seconded by Cm Scholz and by unanImous vote, the CIty
CouncIl directed Staff to prepare an Affordable Housmg Agreement for the proposed 108-
umt project on the Anderson property with a reqUirement to provIde a total of 88
affordable umts consIstent With the Braddock & Logan Affordable Housmg Proposal
dated October 18, 2005
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lIrrn:lfoJrmatnonnall RelDoJrt (linn SUBlDeJrstoJres
8 3 1 P m 7 2 (420-20)
Semor Planner Manne NUCCIO presented the Staff Report that was an mformatIOnal report
to the CIty CouncIl on the CIty ofDubhn's exposure to potentIal Superstore development
DUBLlIN CITY C'01UNClIL MJINU1rJES
VOlLUME 26
RlEGUlLAR MEE'flNG
DECJEMBER ~, 2007
PAGlE 500
IDIRAJF1r
Cm S brantI stated that at a prevIOus CounCIl meetmg, the Council had asked about the
BurlIngton Coat Factory bUIldmg Could It accommodate a superstore?
CIty Manager Ambrose stated that the site could not accommodate a superstore footprmt
Staff had looked at areas wIth development pOSSlblhtIes, not those wIth multIple owners,
multiple leases, whIch would make It more dIfficult to accommodate a superstore
Cm SbrantI stated he asked about the BurlIngton Coat Factory sIte because It was only
two bUIldmgs wIth two tenants DId Staff know the square footage of those two
bmldlllgs?
EconomIC Development DIrector Chns Foss stated It was two stones and only about
100,000 square feet on the ground
Cm SbrantI asked If an applIcatIon were to come through, would the CIty have to make
findmgs to deny the applIcatIOn?
AssIstant CIty Attorney John Bakker stated sIte development reVIew (SDR) and
development agreements were probably not the appropnate tIme to make a determlllatIOn
of whether a superstore came m That would be a use determmatlOn There might be
constramts assocIated With a partIcular sIte that made a superstore mappropnate at a
partIcular locatIOn, m WhICh case SDR would be an appropnate mechanism to prevent that
development from commg m The CIty would have to look at facts at that speCIfic site m
order to make that determmatIOn If the CouncIl wanted to ban superstores as a general
matter, they could adopt a superstore ordmance m WhICh case developments lIke the Lm
SIte, would be subject to that rule, and therefore a superstore could not go m at the Lm
site But m the Lms' case, they had varIOus development agreements, mc1udmg the
master development agreement WIth certam vested nghts They mIght not be subject to an
ordmance agamst superstores because of those vested nghts SIte development reVIew
was probably not the approprIate mechamsm for reJectmg a superstore unless there were
SIte constralllts assocIated wIth It
Cm Oravetz stated that If, hypothetIcally, regardmg the Chen property that runs along
I 580, If someone came m WIth an applIcatIon for a superstore or large car lot, he could
not see It bemg approved WIth traffic bemg what It was m the area
DUBlLJIN CJI'fY COlUNCJIlL MJINlU'fES
VOLUME 26
REGULAR MEETING
DECEMBER og, 2007
PAGE 501
IDRAJF1r
The CounCIl dIscussed large developments that were commg mto the Tn-Valley Would
there not be CEQA revIew?
CIty Manager Ambrose stated the CIty had done an EnvIronmental Impact Report
associated wIth the Eastern Dublm SpecIfic Plan, and that specIfic plan IdentIfied certam
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square footages and traffic Impacts associated wIth those square footages for the entIre
Eastern DublIn PlannIng area, so whether or not you have three stores that total 175,000
square feet or one store that SIze, the traffic was accounted for as part of that plan And
every tIme you looked at a plan, hke Fallon Crossmgs tomght, those homes were
evaluated In terms of their traffic Impacts on the road systems as part of that ongmal
envIronmental document That was the baSIS upon WhICh those projects were evaluated
You would have to go through CEQA but m the context of the eXIstmg EIR and any
changes that mIght have occurred m terms of Impacts, the City dId look at that
Jaml Moore, Dublm reSIdent, stated she was opposed to havmg superstores m Dublm
That was not the type of store for that area
Cm SbrantI stated that the Staff Report confirmed hIS concerns He was concerned about
what Impacts a superstore would have m terms of economIC development m the area The
CIty could better use that amount of land m terms of Jobs and amemtIeS than havmg a
superstore The City was gettmg a beautIful LIfestyle Center In place of IKEA, on the
same parcel of land The Council should move forward WIth the ban before an applIcatIon
for a superstore came to Dublm It was faIr to property owners before they came wIth a
plan, to let them know about the CIty'S ban, If adopted
Vm Hildenbrand concurred wIth Cm SbrantI
Mayor Lockhart stated It was better to be up front wIth the development commumty rather
than fight the battle after
Cm Oravetz stated he was agaInst the ban A super Target was not the worse thIng m the
world If It was m the nght spot A super car dealershIp was a great way to get revenue
The CIty'S plannIng process was a gUIde on what type of busmess came mto the City He
dId not support the ban
DlUBLlIN CITY CO lUN <ClIlL MJINU'lrES
VOILUME 26
REGULAR MEETING
IDECEMBER og, 2007
PAGE 502
IDIRAIF1r
em Scholz stated she had concerns regardmg a gIant store m DublIn She lIked the
concepts of the "Mom and Pop" store She supported what em SbrantJ was advocatmg
Mayor Lockhart asked m regard to the defimtlOn of a superstore, was It the amount of
grocenes m the store that determmed If It fit under the ban? What was It the Council was
lookmg to deCide?
AssIstant CIty Attorney Bakker stated It was not a ban on square footage It was a ban on
stores over a certam square footage that also contamed a certam amount of square footage
devoted to non-taxable sales A typIcal Walmart or Target would contam mostly taxable
sales But superstores also contamed a meat department and tYPIcal grocenes so they
were both a Walmart or Target and grocery store combmed That was the dIstmctIOn
bemg made m this ordmance
CIty Manager Ambrose stated that you could have a department store and a grocery store
next to each other and have the same dynamIc But WIth a superstore you had a very large
bmldmg Prom a deSIgn standpomt and from the standpomt of reuse, you ran mto dIfficult
Issues The LIvermore ban and Its square footage would preclude the CIty'S own
downtown Target
em SbrantI stated the CIty needed to adopt an ordmance that would not hurt any of the
CIty's eXlstmg busmess
CIty Manager Ambrose stated Staff looked at the eXlstmg superstores and that was how
they determmed acreage and square footages m the Staff Report
em Oravetz asked If Staff would return WIth a new ordmance for the CounCIl to reVIew
after CouncIl's dIrectIOn
CIty Manager Ambrose stated yes, If that was the CouncIl's directIOn
em Oravetz stated the CIty was solvmg a problem It dId not have If someone came to
the CIty WIth a plan for such a store, the SIte development reVIew process would help the
CIty at that pomt
IOlUBLJIN CI'fY COUNCTIL MJINU'fES
VOlLUME 26
REGUJLAR MJElE'JI1N G
DECEMBER og, 2007
lP' AGE 503
]]J)IRAJF1r
Economic Development DIrector Foss stated that Staff had contacted retailers and asked
what theIr new prototype store would be Target's response was that they were lookmg at
140,000 square feet, WIth non-taxable sales of 6-12% At 140,000 square feet, 100/0 would
be 14,000 square feet of non-taxable sales The downtown Target was 115,000 square
feet, wIth about 5-10% range
Mayor Lockhart stated she supported lookmg at the ordmance at a future CouncIl meetmg
and havmg dIscussIOn regardmg square footages at that tIme
On motIon of Cm SbrantI, seconded by Vm HIldenbrand, and by maJonty vote (Cm
Oravetz votmg no), the CIty CouncIl receIved the report and prOVIded Staff wIth dIrectIon
to prepare a superstore ban ordmance for a future CouncIl meetmg, wIth further
dIscussIOn regardmg square footage at that tIme
0----
RECESS
901 pm
Mayor Lockhart called for a bnef recess
CouncIlmembers present at 9 07 P m
The meetmg reconvened wIth all
--- - - <> -
NEW BUSINESS
ReQ11l1lest to lP'ermnt ReDlltan olf Bellow MaJrket Rate FOJr-Salle Umts onn tlllle Bssns of
lH[anlls Illln Jl)
9 07 pm 8 1 (430-80)
Housmg SpecIalIst John Lucero presented the Staff Report and advised that the CIty
CouncIl would conSIder the allowance to rent Below-Market Rate (BJ\1R) For-Sale Umts
on the baSIS of a hardshIp
The CounCIl dIscussed how thIS was an mterestmg discussIOn that had not been
conSidered If someone's Job took them elsewhere, or there was an Illness, It would be a
D UBlLllN Cll1I'Y CO UN CJIIL MlINUTE S
VOlLUME 26
RJEGlULAR MEEl'lING
DECEMBER 4,2007
lP' AGE 500g
IDRAJF1r
hardshIp The CIty could gIve a resident one year to rent the umt, staymg wIthm the same
below market rate gUIdelmes as when they bought the home They had not foreseen the
real estate market turn
On motIon of Mayor Lockhart, seconded by Cm Scholz and by unanImous vote, the CIty
Council provIded directIon to Staff to brmg back a rental polIcy for the below market rate
umts that Included a rental range m the below market rate and a maXImum of one year for
specIfic reasons such as health or Job transfer
-~<>
1HIomewoJrIk. JB[lI.lllb PJrogJram JPsJrtnneJrsllnlllP wntlln ScllnooR DnstJrnct
9 15 pm 82 (515-20)
Parks and CommunIty ServIces Manager Paul McCreary presented the Staff Report and
adVIsed that Staff had been approached by the Dublm Umfied School DIstnct
Supenntendent about creatmg a partnershIp to offer a homework assistance program after
school at the elementary school level CIty Staff adVised that they met WIth the School
DIstrict to develop a pIlot program plan for Dougherty and DublIn Elementary Schools
Vm HIldenbrand stated that some famIlIes had chIldren at dIfferent schools In DublIn
Could students from other schools attend these programs?
Parks and CommunIty ServIces Manager McCreary stated the programs would be open to
all DublIn students
Cm SbrantI asked Staff If thIS program would be separate from programs the CIty already
had In place
Parks and Commumty Services Manager McCreary stated yes, It would be a separate
program
Cm Scholz asked If thIS had been done before m the CIty Was thiS bemg done because
there was a need? What would be the cost?
DUBlLIN CKTY COUNCJIlL MlINUTES
VOlLUME 26
REGULAR MEETING
DECEMBER og, 2007
PAGE 505
IDJRAJF1r
Parks and CommunIty ServIces Manager McCreary stated that a sImIlar program was now
offered at mIddle schools and the Supermtendent and PrmcIpals felt there was a need for
such a program The total expendItures for the sIx-month pIlot was $23,809 That would
be offset by about $24,640 m revenue Those were dIrect expenses There was some
overhead that stIll needed to be recovered
Vm HIldenbrand stated that she had been on the Dougherty PFC and the PFC had been
approached by a school board member askmg If they were mterested m helpmg start
homework clubs Because of certam CIrcumstances, the School DIstrIct took It back and
thIs was how thIS program was started
em Sbrantl stated that havmg somethmg consIstent was good It complImented the
current CIty programs
Cm Oravetz asked Staff to report back to Council at the end of the SIX month program
Staff agreed to report back
On motIon of Cm Oravetz, seconded by Cm Scholz and by unammous vote, the CIty
CouncIl approved the proposed program plan and adopted the budget change
<>
2008-2009 Goalls &, Obuectnves anulllBUBrl!.get PJrocess
924 pm 83 (100-80)
CIty Manager Ambrose presented the Staff Report and advIsed that the CIty CouncIl
would consldeI establIshmg dates for meetmgs assocIated wIth the CIty'S 2008-2009
Goals & Objectives and Budget process
The CIty Council confirmed the dates of Saturday, February 2, 2008, at 9 00 am, and
Monday, March 31,2008, at 600 pm, for meetmgs associated wIth the 2008-2009 Goals
and ObjectIves
.-~ <>
IlJlVIalLJIN CKTY COlUNCJIL MJ[NU'fES
VOLlUME 26
REGULAR MEETING
DECEMBER og, 2007
PAGE 506
IDIRAJF1r
Report Oll1l tllne ConntJrad fOJr SeJrVllces lbetweenn tllne Allamerlla Cmllll1lty JFue DepaJrtment
annd tllne LawJreHllce LnveJrmoJre N a tllOnnan SecUBJrnty, L1LC
927 pm 84 (540-60)
Alameda County FIre ChIef Sheldon Gilbert presented the Staff Report and advIsed that
thIS Staff Report dIscussed the award of contract to Alameda County FIre Department
(ACFD) by LIvermore NatIOnal SecurIty, LLC, as It related to fire servIces In the CIty of
Dublm
Deputy ChIef Randy Bradley stated this was a good sItuatIOn for the CIty of DublIn It
would Improve the total level of fire protectIOn In the CIty He looked forward to workmg
wIth the CIty
The CIty CouncIl receIVed the report
<>
ConnsndeJratllonn of ann Amenndmend to tllne RUBlles fOJr tllne ConndlUBd of Cmmcnn Meetmgs to
pJrollnnlbnt lPollntncall Adnvntnes at Cnty COUBnncnn Meetm2s
9 34 P m 8 5 (610-20)
ASsIstant City Attorney Bakker presented the Staff Report and advIsed that the CIty
CouncIl would consIder a request to adopt rules and regulatIOns that would prohIbIt or
restnct officers and employees from engagmg m polItICal actIvItIes durIng workIng hours,
and would prohIbIt or restnct polItIcal actIvItIes on the premises of the CIty
Cm SbrantI asked If these rules were not already m effect, as m the School DIStrIct
EducatIon Code
ASSistant CIty Attorney Bakker stated that no, these rules were not In place at the CIty for
Councllmember but there was such a Personnel Polley that applIed to CIty employees III
place
IOlUBlLlIN CITY COUNCTIL MJINU1rES
VOlLUME 26
REGULAR MEETING
DECEMBER og, 2007
PAGE 507
I[))lRAJF1r
CIty Manager Ambrose stated CIty employees had to refram from polItIcal actIvity as
provIded for III State law and federal law on CIty property and on CIty time
AssIstant CIty Attorney Bakker clanfied that there was a dlstmctIOn between usmg CIty
facIlItIes for electIOneenng, campalgnmg, or polItIcal actIvItIes and that was dIfferent
from what was bemg dIscussed m thiS rule If you were to use the CIty'S emaIl system for
the same uses, you would be usmg publIc mOnIes to engage m those kmds of actIvItIes
and that was prohIbIted by State law
Crn Oravetz asked If the Councllmembers were not City employees
CIty Manager Ambrose stated they were not They were only CIty employees from the
perspectIve of the IRS
Mayor Lockhart stated thIS was a good Idea because thIs was a non-partIsan office, and
when she was sIttmg at the daIS, she dId so m a non-partisan pOSItIon and she was not
usmg partIsan polItICS, goals or ethics to do the busmess of the CIty She represented
everyone m the CIty There was a need not to blur the lInes for the communIty
Vm HIldenbrand stated that the CouncIl represented everyone III the CIty They should
not use the tIme m the CIVIC Center or durmg City CouncIl meetmgs to promote any other
pohtIcal agenda They were there representmg DublIn and DublIn's best mterests
Therefore, she felt It was appropnate to bnng thiS Issue forward It was Important to look
at the CounCIl as a non-partisan body, not promotmg any type of polItIcal agenda
Cm Scholz stated she agreed WIth Vrn HIldenbrand, but she had not seen that when she
ran III the last CIty electIOn Councllmember had endorsed two of the CounCIl candidates
and those two candidates mentIOned the endorsements III speeches and flyers In regard to
thIs Item, she had a concern wIth the conduct Issue and the artIculatIOn which was not
seen m the same mstance that she was cltmg ThIS was a free country and they needed
less rules and less laws Wlthm that freedom was good Judgment As for wearmg a pm
that endorsed a particular candidate, she agreed that when she was m CIty Hall, she would
not wear It Care needed to be taken when enactmg laws such as those they were lookmg
at tOnIght She was advocatmg neutralIty at events where one was representmg the CIty
DUBLIN CJI1I'Y COlUNCliL MINUTES
VOLUME 26
REG UlLAR MEE 1I'JING
]llIECEMBER og, 2007
PAGE 5m~
I
IDIRAJFl'
Vm Hildenbrand stated that she had heard from prevIOUS Counctlmembers that agreed
that polItlcal badges dId not belong at a CouncIl of a non-partIsan body The weanng of
other pms was dIfferent Endorsements were the Issue She dId not recall anyone on the
CIty CouncIl gettmg on the dais and supportmg a candIdate dunng a CouncIl meetmg
Cm Sbrantl stated that he also belIeved the CouncIl needed to be careful You dId not
want to lImIt peoples' freedoms What they were dlscussmg was pretty narrow, CIty tlme
m a CIty bUIldmg or m an officIal role representmg the CIty At other tImes, they could
support candIdates
Mayor Lockhart stated they had the fIght to wear any button when they were not slttmg at
the daIS representmg the CItIzens of the City at a Council meetmg She supported
someone for the electIOn, but she would not mentIOn It at the daiS She supported one's
nght to free speech and fIght to support anyone they wanted
em Scholz stated she understood what they were saymg but she dId not feel that they
should have to put It mto law or rule She would extend It as far as endorsements, also
She would choose not to endorse anyone
Cm SbrantI stated that outSide of CIty tIme, he could endorse, someone If he chose He
mamtamed that fIght He felt endorsmg was separate from the Issue they were dlscussmg
tomght
Cm Oravetz stated that Cm Scholz had worn a preSIdentIal candIdate button to a CouncIl
meetmg and that was how thIS Issue started But to force thIS rule on the CouncIl, was a
dIfferent Issue It was a first amendment fIght He had a fIght to say or wear what he
wanted He suggested a gentleman's agreement among the five CouncIlmembers He
stated he would fight for Cm Scholz's nght to wear that button, If she so chooses He
would prefer not to put a rule mto effect
Vm HIldenbrand stated she would prefer to have a rule and put mto the CounCIl
procedures These rules could be placed m the CouncIl onentatIOn packet If they were not
already
DUBLlIN CJIl'Y COUNCIlL MlINU1fIES
VOlLlUME 26
REGULAR MEE'flING
DECEMBER 4, 2007
PAGE 509
]J))JRAJF1r
Mayor Lockhart stated a new CouncIl could change the rules or procedures at anytIme
They could get put the Issue on an agenda and would need three votes It was not as big
an Issue as they were talkmg tomght
Vm HIldenbrand made a motIon that the CouncIl amend the rules for the conduct of
rneetmgs of the CIty CouncIl to prohIbIt polItIcal actIVItIes by CouncIlmember dunng
CouncIl meetmgs She asked If they could mclude workmg hours m the motIon
AssIstant CIty Attorney Bakker stated that Staffwas planmng to brmg back an amendment
to the CounCIl rules governmg CIty CouncIl meetmgs That amendment would have only
applIed dunng CouncIl rneetmgs W orkmg hours mIght be dIfferent than at CouncIl
meetmgs Staff would have to prepare a dIfferent amendment If CouncIl wanted to
mclude workmg hours What was understood at the last meetmg was to pertam to
Councllmembers at CouncIl meetmgs State law allowed you to go beyond that If the
CouncIl wIshed
CIty Manager Ambrose stated that was an Important dlstmctlOn TechnICally, outSIde of
the daiS, they were not Council They were mdIvIdual Councllmembers and unless the
CouncIl delegated authonty to them to act m an offiCIal capacity to represent the CIty,
then theIr role was different
The CIty CouncIl and Staff dIscussed meetmgs CouncIlmemhers attended as offiCIal
representatIve of the CIty, or voted m an offiCIal capaCIty and whether to mclude these
mstances In the rule
CIty Manager Ambrose clanfied that what the Council was speakmg of was CouncIl
meetmgs, on City property, and actmg m the offiCial capaCIty of the CounCil
The CIty CouncIl agreed
The City CouncIl and Staff clarIfied that attendance at a league meetmg dUTIng the
program, they would be subject to the rule, but not m the evemng after the program, when
the CouncIlmember had the offiCIal capaCIty to represent the commumty, as when votmg
m an offiCial capacity Also, City premIses meant at the CIVIC Center and III a place where
the CouncIlmemher would be servmg III an offiCial capaCIty
DUBlLlIN CITY COlUNCJIlL MJINU'fES
VOILlUME 26
lRJEGlUILAR MEETING
DECEMBER og, 2007
PAGE 510
JI))lRAJF1r
Cm Scholz stated It was very complIcated
City Manager Ambrose reIterated for clarIficatIOn that thIS rule would apply to was actmg
m an offiCIal capacIty, the CounCIl had authorIzed a member to go somewhere and to act,
CIty CounCIl meetmgs and the premises of the CIVIC Center
The CIty CouncIl dIrected Staff to return wIth a resolutIOn regardmg the rule as dIscussed
01I'IHIER BUSlINESS Janef INFORMA TION ONL Y reports from COlllID.cIl and/or Staff, mcludmg
Committee Reports and Reports by Coumcd related to meetmgs attended at City expense (AlB 12341)
10 05 P m
Cm Scholz stated she attended her first DublIn tree lIghtmg There was a bIg crowd and It
was wonderful She had also attended the City'S Employee RecogmtlOn DInner It was
an outstandmg event She was Impressed With the honors and servIces CIty Staff
rendered
Cm SbrantI stated that he also attended the Employee RecogmtIOn DInner He
commented favorably on the CIty mVltmg part-tIme employees to the dinner He attended
the Dublm Pnde Integnty m ActIOn meetmg They were workmg on mvolvmg the
busmess communIty and the Chamber
Mayor Lockhart also enjoyed two tree hghtmgs, the CIty'S and the LIghts of the Valley
She had also attended the Employee RecogmtIOn Dmner
~<'>
DUBILlIN C][']I'Y COlUNClIL MlINlU1I'ES
VOILUME 26
REGUlLAR MEE'fING
DECEMBElR 4,2007
PAGE 511
ID:RAJF1r
AID>.TOlURNMEN'f
10 I
There bemg no further busmess to come before the CouncIl, the meetmg was adjourned at
10 07 p m m memory of our fallen soldters
Mmutes prepared by CarolIne Soto, Deputy CIty Clerk
Mayor
ATTEST
Deputy City Clerk
~
DUBLlIN CJIl'Y COUNCJIIL MINUTES
VOLUME 26
REGUILAR MEE 1I'lING
IOlECEMBIER 4]., 2007
lP'AGE 512