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HomeMy WebLinkAboutItem 4.01 Draft CC 04-18-2006 Min MINUTES OF THE Crn' COUNCIL OF THE Crn' OF DUBLIN RE6ULAR MEETIN6 - APRIL 18. 2006 CWSED SESSION A closed session was held at 6:42 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL u EXISTING LITIGATION Exposure to litIgation pursuant to Government Code section 54956.9, subdIvision b(1) (four potential cases): PolIce response to call for servIce on 3000 block of Inmsbrook Lane on August 11,2005. +- A regular meeting of the Dublin CIty Council was held on Tuesday, April 18,2006, in the Council Chambers of the Dublin CivIc Center. The meeting was called to order at 7:02 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Council members Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. +- REPORT ON CWSED SESSION ACTION Mayor Lockhart advised that no actIon was taken during Closed SeSSlOn. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 130 - ii.. \ .. ORAL COMMUNICATIONS Introduction of New EmpIovee 7:03 p.m. 3.1 (700-10) Parks & Community ServIces DIrector DIane Lowart introduced Damian Sandholm as the new Recreation Coordwator. The Council welcomed Mr. Sandholm to the CIty of Dublin Staff. .. Acceptance of Gifts to City from St. Patrick's Day Festival Soonsors 7:04 p.m. 3.2 (t 50-70) John Hartnett, Hentage & Cultural Arts SuperVIsor, presented the Staff Report and advised that the CIty receIved $35,935 in monetary sponsorships for the 2006 St. Patrick's Day FestIval and Fun Run. In addition, the City receIVed overwhelmwg support In the form of In-kInd donatIons of goods and servIces. The Council recognized the bUSInesses and orgamzations that supported the events. FestIval Monetary Sponsors: Guinness, Valley Care Health System, Napa River Pointe, State Farm, Standard Pacific Homes, AT&T, Trendwest, Hacienda CroSSIngs, Tnad Dublin Gateway, IKEA, Safeway and Comcast. Fun Run Monetary Sponsors: World of Shoes, Alameda County Deputy Sheriff's ASSOCIatIon, Alameda County Firefighters - Local 55, Pacific Care, and Greenbriar Homes. In-Kind Sponsors: Coca-Cola, DIablo MagaZine, Dublin Trophy House, ESSN, Jazzercise, MImi's Cafe - Dublin, NBC 11, RadIsson Hotel, Safeway, Select ImagIng and Tri-Valley Herald. The Council also recognized local non-profit orgamzahons for their participation: DublIn SIster CIty Association, DublIn Lions Club, Alameda County Firefighters Local 55, DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2U06 P;\GE 131 ~ Deputy Shenff's AssocIatIon of Alameda County, Safeway, State Farm Insurance, and Triad Dublin Gateway. On motion of Cm. Hildenbrand, seconded by Cm. Zika and by unanimous vote, the Council recogmzed sponsors and formally accepted contributIons. +- Public Comments 7:13 p.m. 3.3 No comments were made by any member of the public at thIS tIme. +- CONSENT CALENDAR 7:13 p.m. Items 41 through 4.11 Vm. Oravetz asked, in relatIon to Item 4.4, If there was a plan to repaIr potholes in City streets. Public Works Director MelIssa Morton advised that the potholes would be addressed as part of the annual street overlay program. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the Council took the follOWIng actions: Approved (4.1) Minutes of Regular Meetmg of March 21, 2006, Adjourned Regular Meetmg of March 22, 2006 and Regular MeetIng of April 4, 2006; ReceIved (4.2 320-30) City Treasurer's Investment Report for 3rd Quarter 2005-2006; Approved (4.3 600-30) Change Order #2 for addItIonal services by Murray Schoolhouse Exhibit Restoration Consultant John VieIra of Vieira Designs; Adopted (4.4 600-35) RESOLlITION NO 42 - 06 AWARDING CONTRACT NO. 06-04 DUBLIN CITY COUNCIL MINIITES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 132 ~ 2005-2006 ANNUAL STREET OVERLAY PROGRAM TO G. BORTOLOTTO & COMPANY, INCORPORATED Adopted (4.5 600-30) RESOLUfION NO. 43 - 06 APPROVING CONSULTANT SERVICES AGREEMENT WITH CAL ENGINEERING AND GEOLOGY, INCORPORATED, FOR GEOTECHNICAL ENGINEERING SERVICES Adopted (4.6 360-20) RESOLlITION NO. 44 - 06 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Adopted (4.7 360-20) RESOLUTION NO. 45 - 06 DIRECTING PREPARATION OF ANNUAL REPORT fOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 Adopted (4.8 360-20) RESOLUTION NO. 46 - 06 DIRECTING PREPARATION OF ANNUAL REPORT FOR CIIT OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES AT WILLOW CREEK) Adopted (4.9 360-20) RESOLUTION NO.4 7 - 06 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING ,\1AINTENANCE ASSESSMENT DISTRICT 99-1 DUBLIN RANCH AND TRACT 7067 Adopted (4. 10 360-20) RESOLUfION NO. 48 - 06 DUBLIN CITY COUNCIL MINUTES VOLlJME 25 REGULAR MEETING April 18, 20U6 PAGE 133 ~ DIRECTING PREPARATION or ANNUAL REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97 -1 Approved (4.11 300-40) the Warrant RegIster in the amount of $1,210,325.03. +- WRITIEN COMMUNICATIONS - None +- PUBUC HEARINGS WEEDS AND COMBUSTIBLE REFUSE ABATEMENT ORDER 7:16 p.m. 6.1 (540-50) Mayor Lockhart opened the publIc heanng. ActIng Deputy Fire Marshal Bonme Terra presented the Staff Report and adVIsed that, in accordance with Resolution 21-06, the CIty Council declared that there was a public nuisance created by weeds and combustible debns growing, accumulating upon the street, SIdewalks and property within the City. NotIce of thIS was posted and letters sent to those property owners with VIOlations. Due to the rainy weather thIS year, letters would be sent out allOWIng reSIdents an additional three weeks for vegetatIon management, still allOWIng the Fire Department to meet the July 4, 2006 deadline. Cm. McCormIck Inquired as to how many letters were sent out this year. Acting Deputy Fire Marshal Terra adVIsed that on InItial Inspection, the Fire Department had only sent out approximately 120 letters. Laura Kegelmeyer, Dublin reSIdent, stated that she had receIved a letter and asked where she could get more information regardIng weed abatement. ActIng Deputy Fire Marshal Terra provided her contact InformatIOn and encouraged Ms. Kegelmeyer to contact he!' for more wformation. Mayor Lockhart closed the public hearIng. On motion of Vm. Oravetz, seconded by Cm. McCormick and by unammous vote, the Council dIrected Staff to continue the weed abatement process. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18. 2006 I'AGI:<: 134 ~ +- Public Hearing General Fund User Fee Study and Full Cost Allocation Plan 7:21p.m. 6.2 (390-20) Mayor Lockhart opened the public hearIng. AsSIstant City Manager Jom Pattillo presented the Staff Report and advised that, at ItS January 17, 2006 meeting, the City Council receIved a report regardIng a Cost AllocatIOn Plan and User Fee Study, and would receive a reVIsed report based upon comments receIved from Council and attendees at three publIc meetings regardIng thIS study. The study would ensure that the City was utiliZIng overhead rates and charging fees which accurately account for, and reflect, the true cost of providing CIty SerVICes. Staff was requestIng addItional dIrection regardIng whether modificatIons should be made to the fee schedule for the follOWIng: 1) Implementing the fee schedule on a phased baSIS, and 2) establishing whether the houswg fees should be paId for by the buyer and/or seller. No testimony was entered by any member of the publIc relative to thIS Issue. Mayor Lockhart closed the public heanng. The CIty Council dISCUSSed whether or not the fees should be phased in, and concurred that fees not be phased In, and become effective July 1,2006. The City Council discussed who should be responsible for paYIng the new fees proposed by the Housing Division and concurred that the seller should pay the fees and that HOUSIng In-LIeu fees not be used to pay these fees. On motion of Cm. McCormIck, seconded by Vm. Oravetz and by unammous vote, the Council adopted RESOLUTION NO. 49 - 06 F~<;TABLlSHING A REVISED FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT, ENGINEERING AND FIRE DIVISIONS And determined that the fees would become effective on July 1, 2006; the seller would be responsible for paYIng the new fees proposed by the Housing DiVISIOn; and HOUSIng In- Lieu fees would not be used to pay these fees. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING Apri118,2006 PAGE 135 ~ .. UNFINISHED BUSINESS Revisions to Resale Restriction Agreement for Inc1usionary Housirnr: Units 7:29 p.m. 7.1 (430-20) Julia Abdala, Housmg SpecIalIst, presented the Staff Report and adVISed that the CIty Council would consider adoptmg a Resolution to revIse the Resale RestnctIon Agreement, the Performance Deed of Trust as well as some proposed text changes to the "Layperson's GUIde to the Zoning Ordmance Regulations". Cm. Hildenbrand commended Ms. Abdala's ability to stay on top of necessary changes and keep the City's units affordable. On motIon of Cm. Zika, seconded by Cm. Hildenbrand and by unanImous vote, the CIty Council adopted RESOLUTION NO. 50 06 APPROVING A REVISED FORM OF RESALE RESTRICTION AND OPTION TO PURCHASE AGREEMENT (INCLUDING AN ACCOMPANYING PERFORMANCE DEED OF TRUST) TO RESTRICT THE SALE AND RErINANCE OF OWNERSHIP INCLUSIONARY UNITS, AND AUTHORIZING CHANGE TO THE "LAYPERSON'S GUIDE TO THE INCLUSIONARY ZONING ORDINANCE REGI lLATIONS" TO REFLECT THE CHANGES TO THE RESALE RESTRICTION AGREEMENT AND OPTION TO PURCHASE (INCLUDING THE ACCOMPANYING PERFORMANCE DEED OF TRUST) +- NEW BUSINESS Future Valley Children's Museum in the Camp Parks Proiect Area 7:33 p.m. 8.1 (420-20) Senior Planner KnstI Bascom presented the Staff Report and advised that, at ItS February 7, 2006 meeting, the CIty Council discussed different theme options for a future publ1c facility m the Camp Parks PrOject Area, and directed Staff to Inform the Army Reserve of DUBLIN CITY COllNCIL MINUTES VOLUME 25 REGULAR MEETING April 18,2006 PA(;E 136 the City Council's desIres to have a 46-acre park space developed for the sIte. ThIS acreage would be used to develop a public facilIty with a theme that centered on Arts, Culture, Food, and Games; and would provide the umque amemtIes the City Council desIred for the area. As was mentioned in previous Staff Reports, it would be possible to accommodate the Valley Children's Museum withIn the themed public space, and III fact, the Museum was suggested as an amemty for thIS facilIty In the stakeholder mtervIews for the PublIc Facility Pianmng Study commissioned by the City in 2005. Rick Beaumont, Board PreSIdent of the Valley Children's Museum, gave a presentation regarding the Museum, mcludIng key mIlestones it had planned for 2006. The mission of the Museum was to spark the adventure of lifelong learning in children, grown-ups, families and the commumty by creating interactive, play-based learning for children; to create a place where children go to learn and play; and In the process, develop strong family bonds. He dISCUSsed its potential to be a tounst attraction of the Bay Area, as well as, ItS benefits, programs, partnerships with the local school districts and libranes. Mr. Beaumont adVISed that the Valley Children's Museum Board was lookmg for approximately 1.5 to 2.5 acres of land on whICh they could build a 15,000 square foot facility to start, wIth the possibilIty of expanding up to 30,000 square feet over time. The Museum Board would consIder either a long-term lease or a land dedication, but was hopmg to secure a piece of property at little or no cost on whIch to build the buildmg, whICh would be owned by the orgamzatIon. TheIr optImal locatIon would be next to a public park space wIthm the Camp Parks Project Area where a synergy of the public and pnvate facility could be created. It was WIth these reqmrements In mInd that the Valley Chlldren's Board was requesting asSIstance from the CIty of DublIn m securIng such a site and being included In the City's land use planmng process for the future Camp Parks Project Area. em. Zika asked If the Museum needed a definite commitment tomght on location In the Camp Parks Project Area. Mr. Beaumont stated It would make sense for them to be close to the park, but was not a deal breaker if they were not. The Museum would like the CIty'S vote that It would be part of the project. Cm. Zika asked Staff what type of lease could be consIdered. CIty Manager Ambrose advised that It would depend. There were Issues the City needed to address regardmg how qmckly the park space could be developed. The City would DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2U06 PAGE 137 ~ also need to be able to articulate its requests to the Army w regard to amount of acreage reqUired. Semor Planner Bascom asked for dIrection from the Council on: 1) if It wanted to include the Museum wIthm the City's Camp Parks Project Area; 2) would the Council be WIllIng to allocate part of the CIty'S 46 acres for the Museum or ask for an additional 2.5 acres from the Army; and, 3) Council preference as to location of the Museum. Mayor Lockhart stated the Council should gIve a firm commItment to the Museum, and get the Army involved and on board with the mclusion of the Museum and see that the project worked for everyone concerned. Her preference would be for the Museum to be located in or near the public park. Cm. Zika commented he would also like to see the Museum In or near the public park. Cm. McCormick asked if the Council would be willmg to give up 2.5 acres of the City's 46 acres for the Museum. CIty Manager Ambrose reIterated that the Council should decIde If it wanted to include the Museum's requested acreage In the CIty'S 46 acres or ask for addItional acreage from the Army. The City Council dISCUSSed the Issue and agreed to include the Museum's 2.5 acres as part of the City's 46 acres in the Camp Parks PrOject Area, with some flexibilIty as to the location of the museum, as It would be dependent on the Developer's phasmg. Mayor Lockhart stated she was thrilled that the Museum was looking at Dublin and offering the City thIS amenity and thanked the Museum's Board of DIrectors. On motIon of Cm. Hildenbrand, seconded by Vm. Oravetz and by unammous vote, the City Council dIrected Staff to include the needs and deSIres of the Valley Children's Museum Board of DIrectors In future negotiations WIth the Army Reserve and/or Master Developer of the Camp Parks PrOject Area. +- Initiation of a General Plan and West Dublin BART Specific Plan Amendment Study for the Site of the Existin~ Radisson Hotel Located at 6680 Re~onal Street 7:59 p.m. 8.2 (420-30) DlIHLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 P;\C;E 138 ~ AssocIate planner Jeff Baker presented the Staff Report and advised that the City Council would consider a request to initiate a General Plan and West Dublin BART SpeCific plan Amendment Study to amend the General Plan Land Use designation from Retail/Office to eIther ResIdential or MIxed Use and amend the West Dublm BART SpeCIfic Plan Land Use desIgnatIon from lodgIng to ResIdential or MIXed Use In order to reuse the eXistIng Radisson Hotel for senior housing consistmg of mdependent living, assIsted liVIng, and an Alzheimer/dementIa facility, as well as possibly maintaInIng the existing community meetIng space and public restaurant. The Council and Staff engaged m a question and answer session regarding potentIal revenue loss, property tax changes, parkland Issues, and the potential to generate the need for low Income units. Although the CIty tracked vacancy rates, It was not public informatIon and, therefore, could not be disclosed. Property tax would change If part or all of the property was sold, or the assessed value increased due to buildIng improvements. Staff would need to determIne If, under the City's current Ordinance, the owner would be required to dedIcate parkland by convertIng into resIdentIal units. The proposed conversion would fall under the Housing Element and would generate the need for low Income umts. Louise Clark, Lafayette resident, adVIsed that her father built the former Howard Johnson Hotel, whICh was now the RadIsson. She asked the Council to consider the change m the SpeCIfic Plan to allow the change from tranSIent housing to much needed semor and assIsted-living hOUSIng. Charles Clark, Pleasanton resident, read a letter he sent to the CIty Council on April 17, 2006, m WhICh he encouraged the Council to conSIder the redevelopment of the property from transient hOUSIng to mIxed use. Hotel occupancy was low and the proposed change would Increase CIty revenue. Cm. Zika expressed. concern about the occupancy figures provided by the ApplIcant as they conflicted WIth the numbers proVIded by the Tri-Valley Convention & Visitors Bureau. Mr. Clark stated that, in hiS opmIOn, the figures he prOVIded were correct. Cm. McCormIck asked if Mr. Clark or anyone on his staff had ever managed an AlzheImer! dementia facilIty. DlIlJLlN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE IJ'J ~ Mr. Clark advised that they planned to hire an expenenced management company to consult on management of the proposed facility. Mary Sorace, Semor Vice PresIdent of Barcelon ASSOCIates Management Association, dISCUSSed her company's management of 20 senior lIvmg facilities, and stated the company had completed a feasibility study for the Clarks on the proposed project. She detailed Barcelon's reputation, and ItS services provided for semors for whatever time and poInt they were m In life. They made sure they had consistency In care for the rest of their lIves. The Clarks' facIlity would provide different levels of care for all residents housed there Vm. Oravetz asked If the busy Radisson Hotel area was a good place for these types of umts. Ms. Sorace stated It was, and they had already met wIth the Applicant to Inform them what they would need to do to the facilIty to make It a safe and secure environment. Cm. Hildenbrand expressed concern With having community functions at a senior residentIal facility that included an AlzheImer/dementIa facility. Currently, Dublin did not have enough banquet or meeting facilities. Ms. Sorace stated that she had found that senior housmg projects WIth publIc meeting rooms dId not have problems with gettmg clients for those meeting rooms. A senior project in Hercules that was not yet completed already had a long waItmg list for use of its public meeting room. Cm. Hildenbrand reIterated her concerns about the facility complimenting the area businesses. Ms. Sorace stated that the facility would compliment the area businesses and advised that the AlzheImer's umt was a small, separate area and the majol'lty of residents would be active semors. The Council and Applicant representatives engaged in a question and answer seSSIOn regarding the proposed publIc use of dinIng facilities and meetIng rooms. The Applicant representatIves adVISed that the proposed plan currently allowed for public dmmg, as well as public meeting rooms. The AlzheImer's WIng, however, would have pl'lvate dIning and no public accommodations. DlIBUN CITY COUNCIL MINUTES VOLlJME 25 REGULAR MEETING April 18, 2006 P,\GE 140 ~ Mayor Lockhart expressed her concerns regardIng the Downtown Plan and changing the hotel's use at this poInt. The proposed type of facility was inapproprIate for Downtown. There were areas In Dublin more appropnate for semor housmg and an Alzheimer/dementIa facilIty. Safety of seniors at the facility in that busy area was a concern. The Clarks' attempt to provIde senior housing m Dublm was to be applauded; however, she could not support studying the change. Cm. Zika agreed and questioned the occupancy rate figures quoted in Mr. Clark's letter. The Applicant failed to conSIder what the CIty was dOIng in regard to senior housmg and dId not provide sufficIent data. He could not support the request. em. McCormick stated she really trIed to support the project but could not VIsualize it as a restful homey place for seniors. The 'Council would be doing a dIsservice by approving the study. Cm. Hildenbrand apologIzed if she offended anyone with her earlier comments; however, she did not see the proposed facilIty as the first place semors would try to get Into. The area was not approprIate for the use, and she could not support it. Vm. Oravetz expressed the Council's attempt to reinvigorate downtown Dublm and indicated that It was not the right location for this type of facility. The economics were realIstIC, but bottom line was location and timmg. He would support the Council on thIS Item. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote, the CIty Council adopted RESOLUTION NO. 51 06 DENYING THE INITIATION OF A GENERAL PLAN AND WEST DUBLIN BART SPECIFIC PLAN AMENDMENT STUDY FOR THE PROPERTY LOCATED AT 6680 REGIONAL STREET (APN 941-1500-047) . Particination in Policy and Technical Committees for the DeveIooment of the Re<2ional Rail Plan 8:55 p.m. 8.3 (II 0-30) CIty Manager Ambrose presented the Staff Report and advised that, m an effort to reach regional consensus, Livermore Mayor Marshall Kamena was askmg that the CIty of DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18,2006 PAGE 141 - Dublin participate in both a Policy and a Techmcal Committee to provIde regIOnal wput and advocacy with regard to the RegIOnal Rail Plan (RRP). Mayor Lockhart commented that she and the CIty Manager had met wIth BART and high speed rail representatives and had come away wIth concerns. There was a need for the CIty to stay on point and for her to be part of the Committee and attend all three meetIngs. On motion of Vm. Oravetz, seconded by Cm. McCormIck and by unanimous vote, the CIty Council designated Mayor Lockhart as the CIty of DublIn Representative to the PolIcy Committee for the Development of the RegIonal Rail Plan. +- OTHER BUSINESS Brief INFORMATION ONLY reports from Coundl and/or Staff, inclnding Committee lkport. and lkport. by Conndl related to meeting. attended at City e.pense (AB 1234) 9:00 p.m. CIty Manager Ambrose advised that Dublin Pride Week would commence on Saturday, April 29th WIth a volunteer clean-up day, and encouraged CIty reSIdents to come out and support the event. Vm. Oravetz adVIsed he had attended the Dublm HIgh School Athletic Program at the Dublin Ranch Golf Course fundraising event at his own expense and had had a great tIme. +- AQJOURNMENT 11.1 There bemg no further bUSIness to come before the Council, the meeting was adjourned at 9:01 p.m. Mayor A TrEST: City Clerk r-. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 20U6 P,\C.E 142 -