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HomeMy WebLinkAbout4.01 Draft CC 6-2-09 MinDRAFT Or' DU~~~ MINUTES OF THE CITY COUNCIL `,` OF THE CITY OF DUBLIN ~- ~ -~• $z l REGULAR MEETING -June 2, 2009 '~\~ _<~/ A regular meeting of the Dublin City Council was held on Tuesday, June 2, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti ABSENT: Cm. Hart PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. i ORAL COMMUNICATIONS Mayor Sbranti announced that Cm. Hart would be late to the meeting. Report on 2009 Dublin Pride Week Activities and Recognition of Poster Contest Winners and Dublin Pride Partners 7:03 p.m. 3.1 (150-80) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would formally recognize the contributions made by various individuals and DUBLIN CITY COUNCIL MINUTES i VOLUME 28 ~~pFpp~ REGULAR MEETING i~~~;~ June 2, 2009 ' ~~ ~'iG/FOR~1~ DRAFT organizations which helped make the 2009 Dublin Pride Week activities a successful community event. The City Council received the report on the 2009 Dublin Pride Week Activities and presented certificates of recognition to the Poster contest winners and the Dublin Pride Partners. Mayor's Appointment of Student Member to Parks and Community Services Commission 7:28 p.m. 3.2 (110-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that six applications were received for the Student Representative to the Parks and Community Services Commission. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote (Cm. Hart absent), the City Council recommended the appointment of Annie Arcuri as Student Representative to the Parks and Community Services Commission. Youth Advisory Committee Appointments 7:31 p.m. 3.3 (110-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that Mayor Sbranti recommended the appointment of three middle school and ten high school youth, along with three alternates, to the Youth Advisory Committee. The Mayor also recommended the appointment of one adult member at-large. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council recommended the appointments of the following to the Youth Advisory Committee for the term of June 2009 through May 2010: DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 0~ ~ REGULAR MEETING 19;`~~~~~ June 2, 2009 ~\ '~ /~ Gc~ ~~s DRAFT Tommy Cunnie, Krista Schaarschmidt, Vivian Sung, Jasmine Bafaiz, Marcos Castro, Shirley Chen, Aslan Brown, Christopher Hair, Cam Nhung Thi Tran, Taylor E. King, Van Le, Justin Minor, and Alka Pande and alternates Gabriela Vasquez, Daniel Heddy, and Alex Rogers. The City Council recommended the appointment of Morgan King Jr. as the adult at-large member. Recognition of Parent Volunteer Cris Gridley for Outstanding Service to the Community and Environment 7:24 p.m. 3.4 (810-60) Public Service Employee Jordan Figueiredo presented the Staff Report and advised that the City Council would recognize Ms. Cris Gridley for her efforts in promoting and establishing diversion programs at John Green Elementary School. The City Council recognized Ms. Gridley for her efforts. Acceptance of Gifts from Dublin Historical Preservation Association 7:33 p.m. 3.5 (150-70) Heritage Center Director Elizabeth Isles presented the Staff Report and advised that the City Council would receive a report on all the Heritage Center activities in which the Dublin Historical Preservation Association (DHPA) provided financial support through the donation of supplies and equipment. Steve Lockhart, President of the Dublin Historical Preservation Association, thanked the City Council for acknowledging the efforts of the DHPA, and introduced the Board of Directors. They planned to continue their efforts in the future. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 ,lp~' p~ REGULAR MEETING 19;`~~~;~ June 2, 2009 ~\ "~' ~'iG/FOR~~` DRAFT On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Hart absent), the City Council accepted the gifts and directed Staff to prepare a formal acknowledgement to the Dublin Historical Preservation Association. Acceptance of Gifts from Pandigital 7:36 p.m. 3.6 (150-70) Assistant City Manager Chris Foss presented the Staff Report and advised that the City Council would consider accepting the gifts from Pandigital. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council accepted four digital photo frames to be used at City Hall, Police Services, Shannon Center, and the Senior Center. Appointment to Altamont Landfill & Resource Recovery Facility Open Space Advisory Committee 7:40p.m. 3.7 (110-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that as part of the settlement of litigation over the expansion of Altamont Landfill, the parties to the litigation agreed that an Advisory Committee be convened to oversee the use of funds collected at the landfill for acquisition of open space. Dublin had a non- voting representative which was previously filled by former Mayor Lockhart. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council confirmed the appointment of Mayor Sbranti as Dublin's representative to the Altamont Landfill & Resource Recovery Facility Open Space Advisory Committee. DUBLIN CITY COUNCIL MINUTES a VOLUME 28 Gti~ pF DpBf REGULAR MEETING 19,~~~~Y`~ June 2, 2009 ' ~~ ~ ~/ ~'iGIFpR~~~ ~, t! DRAFT Update on State Budget 7:41 p.m. 3.8 (330-80) City Manager Joni Pattillo presented the Staff Report and advised that, at the request of the City Council, the City Manager would provide a report on the status of the State budget deliberations for Fiscal Year 2009-2010 and the potential impact on the City of Dublin. Those impacts included a possible "borrow" of an additional $2.3 million from the City's property tax. There was also discussion of elimination of the COPS grants for police services, and potentially eliminating 7% of local gas tax, which was approximately $528,000. The total of those proposed cuts to Dublin, in addition to the City's deficit projected for 2009-2010, was an additional $2.9 million. Staff would keep the City Council updated. Cm. Biddle stated he had attended at a conference last week and brought back information from the League of California Cities-sponsored "Save Your Cities" campaign. Vm. Hildenbrand stated that the League of California Cities was going to Sacramento tomorrow to speak to the Legislature regarding the State budget. Mayor Sbranti stated there were many local counties and cities involved in getting a message to the State legislature. This was money generated at the local level. The other message was this was bad fiscal policy for the State. They had to pay the cities back. It was a perpetual cycle that was bad for the State. Vm. Hildenbrand stated the League of CA Cities asked individual cities to make videos to get a personal feel of the State budget impacts. Cm. Hart arrived at the meeting at 7:49 p.m. and took his place at the dais. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 `~or~ REGULAR MEETING ,9; ~* June 2, 2009 ~\~'~~/~ 'iLIFOR~~ DRAFT Public Comments 7:50 p.m. 3.9 Kevin Ring, Dublin property owner, stated he wanted to express his appreciation and gratitude to the City Council for the City's Sales Tax Reimbursement Agreement with his tenant, Graybar. He invited the City Council to Graybar's open house in August. Sheldon Gilbert, Alameda County Fire Chief, stated there had been an incident in the City of Dublin and the Emergency Response had worked together successfully. A traffic accident in San Ramon had led to a gas spill that leaked into the Dublin storm drain system. The City had partially activated the Emergency Operations Center. He wanted to commend everyone involved for their efforts in responding to the incident. City Manager Pattillo stated that Dublin Police Services, Dublin Fire Services, the Alameda County Fire Public Information Officer, San Ramon Police, San Ramon Valley Fire, Alameda County and Contra Costa County Environmental Health Departments, Zone 7, Dublin San Ramon Services District, and Department of Fish and Game all worked together successfully in this incident. Everyone took to the task at hand. A special thanks went out to the American Red Cross, the Radisson Hotel, Vet Care and Tri-Valley Animal Emergency Center, Dublin High School, and the citizens affected by the incident and in the immediate area of the evacuation. There was more good than bad in the situation. She also commended City Staff. She thanked the City Council for their efforts in comforting the evacuated residents. Vm. Hildenbrand stated she appreciated the updates she received. She was confident that any one of the City Councilmembers could have made informed comments regarding the incident. Mayor Sbranti stated the residents that were impacted were very patient and understood the situation. They were still being impacted and they realized it was an emergency. Cm. Hart asked if there would be a later debrief. City Manager Pattillo stated there would be an internal debrief first and then a larger debrief with more of the agencies involved. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 28 ~~yoerw REGULAR MEETING 19, ~~ June 2, 2009 ~~~'~~~ 4GIFpR~ DRAFT CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.13 Mayor Sbranti pulled Items 4.5 and 4.13 for further discussion. Cm. Hart pulled Item 4.6 for further discussion. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes -None Adopted (4.2 480-30/600-30) RESOLUTION N0.66 - 09 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA TO RECEIVE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2009-2010 AND APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT-FUNDED AGREEMENTS WITH AXIS COMMUNITY HEALTH; BAY AREA COMMUNITY SERVICES; COMMUNITY RESOURCES FOR INDEPENDENT LIVING (CRIL); KIDANGO, INC.; OPEN HEART KITCHEN; SENIOR SUPPORT OF THE TRI-VALLEY; SPECTRUM COMMUNITY SERVICES, INC.; AND TRI-VALLEY HAVEN FOR THE SAME FISCAL YEAR AND AUTHORIZING THE CITY MANAGER TO SIGN THE ABOVE AGREEMENTS and approved the Community Development Block Grant (CDBG) funds for Fiscal Year 2009-2010 Received (4.3 330-50) the financial statements for the month of Apri12009; DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~,~oF ~, REGULAR MEETING ~~; ~~~ June 2, 2009 ~``~~~ '1GIFOR~ DRAFT Accepted (4.4 600-35) improvements under Contract No. 08-13, 2008 Annual Slurry Seal Program, and release of retention if there are no subcontractor claims. Adopted (4.7 360-20) RESOLUTION N0.68 - 09 PRELIMINARY ENGINEER' S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-1 and RESOLUTION N0.69 - 09 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Adopted (4.8 360-20) RESOLUTION N0.70 - 09 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-2 and RESOLUTION N0.71 - 09 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-2 DUBLIN CITY COUNCIL MINUTES s VOLUME 28 pF Dp REGULAR MEETING r„~~~~;~ June 2, 2009 1~~~~"'~~/~ C,1G~FOR~1D DRAFT Adopted (4.9 360-20) RESOLUTION N0.72 - 09 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986-1 and RESOLUTION N0.73 - 09 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS, LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986-1 Adopted (4.10 360-30) RESOLUTION N0.74 - 09 APPROVING PRELIMINARY ENGINEER'S REPORT, LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) and RESOLUTION N0.75 - 09 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) Adopted (4.11 360-20) RESOLUTION N0.76 - 09 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999-1 and DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 ~~oeDO~ REGULAR MEETING i~~~~si June 2, 2009 ~~ ~ %~ ~~~,~a~m _, ; cX, ~~ :~-... ;' ,.~ DRAFT RESOLUTION N0.77 - 09 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999-1 Approved (4.12 300-40) the Warrant Register in the amount of $3,926,597,01. Mayor Sbranti pulled Item 4.5 (600-35) Award of Bid -Contract No. 09-O1, Energy Efficient Window Treatments (Project No. 93924), and stated he wanted the public to be aware of what the City was doing in regard to energy efficiency and environmental practices. Administrative Analyst Roger Bradley stated that the project would cover the Civic Center windows with energy efficient window film which would reduce the cost of the City's energy bills. Annual savings were projected at 73, 766 kilowatts per year. This film would also be applied to 14 doors at the Senior Center to protect those that have problems seeing with the glare. The City also projected 18 tons of greenhouse gases being diverted as a part of this project. Mayor Sbranti stated the City was not only approving environmentally progressive policies that increase energy efficiencies but saved money as well. On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOL UTION NO. 67 - 09 AWARDING CONTRACT NO. 09-O1 ENERGYEFFICIENT WINDOW TREATMENTS TO SOLAR CONTROL GLASS TINTING COMPANY DUBLIN CITY COUNCIL MINUTES io VOLUME 28 ~~ OF DU8 REGULAR MEETING ~~~~~~ June 2, 2009 ~\ '~ %~ ~, Res DRAFT Cm. Hart pulled Item 4.6 (560-80) Ordinance Adding a New Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code, and stated that he wanted to clarify that the ordinance language included the discussion points from the previous meeting. City Attorney John Bakker stated as he recalled, the discussion was about the recitals. The reason the recitals were only in the Urgency Ordinance was because they were to provide the justification for the urgency. They were not necessary in the regular ordinance. That was why the version of the ordinance before the City Council did not include the language from the Urgency Ordinance. On motion of Cm. Hart, seconded by Cm. Scholz and by unanimous vote, the City Council waived the reading and adopted ORDINANCE NO. 08 - 09 ADDING CHAPTER S. 94 TO THE D UBLIN MUNICIPAL CODE RELATING TO UNDERAGE DRINKING Mayor Sbranti pulled Item 4.13 (600-30) Downtown Dublin Specific Plan Contract Extension, and asked what was the projected timeline of this specific plan. Acting Planning Manager Jeff Baker stated there would be a Study Session tomorrow and Staff would receive direction to move forward with preparing the plan. Staff anticipated having a draft land use plan ready in the fall. They would then proceed with the document and environmental review, for a completion date in Summer 2010. Mayor Sbranti asked for clarification on the project going from atwo- year project to a three year project. City Manager Pattillo stated the grant funding from the Metropolitan Transportation Commission was complex and took longer to complete the necessary paperwork. There had also been more community engagement. There would be several more opportunities for the public to comment on the specific plan. On motion of Mayor Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES i i VOLUME 28 `~OFDpR, REGULAR MEETING ~~~~~~ June 2, 2009 ~~ '~ /~ ~'1L/FOR~~ DRAFT RESOL UTIONNO. 78 - 09 APPROVING ANAMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLINAND RBF CONSULTING/URBANDESIGNSTUDIO AND AUTHORIZING THE CITYMANAGER TO EXECUTE THE AMENDMENT WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Amendment to the Planned Development (PD) District of the General Commercial Portion of Area C of Dublin Ranch for Fallon Gateway Commercial Center Submitted by Stanforth Holdings Company LLC - PA 08-034 8:19 p.m. 6.1 (450-30) Mayor Sbranti opened the public hearing. Assistant Planner Martha Aja and Planning Consultant Mike Porto presented the Staff Report and advised that the applicant was requesting approval of an amendment to the General Commercial portion of the Planned Development (PD) zoning for Area C to allow the construction of a portion of the Fallon Gateway shopping center. The project site was 33.91 net acres. The PD for Dublin Ranch Area C allowed up to 516,992 square feet of development on the project site, which would include retail, office and restaurant uses. The amended PD included architectural and landscape design criteria, specifically parking standards and the permitted, conditional and temporary uses for the entire project site. Cm. Biddle stated, in regard to Phase lA and the roads that bordered the project, currently Dublin Boulevard was not opened all the way to Fallon. It stopped at Lockhart, about a block away. Fallon Road was not complete. Was that going to be part of the first phase? Was it the responsibility of the developer? DUBLIN CITY COUNCIL MINUTES 12 VOLUME 28 woe ~,~ REGULAR MEETING 19;~C,~~~~ June 2, 2009 ~~ ~ %~ ~'~c,~o~~`D ~ 'S DRAFT Ms. Aja stated yes. There was also a condition of approval that required all the street trees on Dublin Boulevard and Fallon Road be planted in the first phase as well. Cm. Hart asked, in regard to Condition No. 100, how was the 99-foot tall freestanding sign obscured by the overpass. Mr. Porto stated, in order to get the sign high enough to be viewed, it required the 99-foot height. The sign that would have been at IKEA would have been 99 feet high for the same reason. There would be a master sign program to deal with the remaining signage on the site. Cm. Hart asked if the sign would be an attractive sign. Mr. Porto stated one of the unique factors of the sign was the lighting element that would be a subtle pastel changeable, screened-back type element that would serve to identify the boundary of Dublin and the commercial elements that were there. As this element was used throughout the project, both on the major retail buildings, at the entrance elements, along the entrance drive and at the corner of Fallon and Dublin Boulevard, it tied the center together. Mayor Sbranti asked how this lighting was different from neon. Mr. Porto stated neon was a bright light. This was more subtle and pastel. The lumicite panels were opaque and the light would be somewhat shielded and reduced in intensity. The hue would be less garish. Vm. Hildenbrand asked if lumicite was similar to what was being used at the West Dublin BART station. Mr. Porto stated the panels that were at the BART station were more dense and more opaque. The glow would be more subtle and less intense than these proposed lights. Cm. Hart asked if Mr. Porto could describe the process of Police Department review on the project for security purposes. DUBLIN CITY COUNCIL MINUTES i3 VOLUME 28 ~~~oroUe~ REGULAR MEETING i~~~~s~ June 2, 2009 ~~ '~ /~ ~4G71'oR~~~ DRAFT Mr. Porto stated the City asked departments to review the project and make suggestions. Because of the magnitude of the project, other departments were brought in early and were able to take time to review the project more thoroughly. Mayor Sbranti asked if a portion on the project map, marked "Not a Part," was a part of Phase IV. What would be the end use of that portion of the project? Mr. Porto stated the overall proposal, including all four phases, was approximately 380,000 square feet. Phase I, II, and III encapsulated 311,000 square feet. The remaining square footage was part of Phase IV as was the section marked "Not a Part." The reason Staff was asking the City Council to approve a PD amendment was to provide the guidelines for the development of this particular area so, in the future, that area would also look like the first three phases. Mayor Sbranti stated that he preferred all portions of the project be consistent and cohesive. Mr. Porto stated this was the reason for this item. The City Council discussed the timing of sidewalks and bike paths for the project. There would not be store frontage in Phase I of the project, so there would not be sidewalks. The City Council preferred consideration of sidewalks early in the project. City Manager Pattillo pointed out Item No. 4 on Page 137 of the Staff Report, stated, "Pedestrian Access shall be provide from Fallon Road and/or Dublin Boulevard for each phase of Fallon Gateway to the satisfaction of the City Engineer" Mr. Bakker stated that those were SDR conditions. The City Council could give direction, with the Developer's concurrence, to have an item placed in the Development Agreement to ensure that the sidewalks were completed. Ms. Aja stated that Condition No. 14 on Page 138 also addressed the issue. Mayor Sbranti stated the City Council had provided direction and would let Staff work on the details of the project. DUBLIN CITY COUNCIL MINUTES i4 VOLUME 28 G~~ of DoB~ REGULAR MEETING 19,~~~,~ June 2, 2009 ' ~~ ~ ~% ~ l DRAFT Mr. Porto stated the Conditions of Approval stated that the developer would have to complete the improvements along the frontage of the project, including including curb and gutter, which would be the ultimate width for both Dublin Boulevard and Fallon Road, which included a bikeway on both streets. They had not required the developer to improve the Kaiser frontage. There were a few improvements needed to complete Dublin Boulevard. This developer would complete these improvements. The only thing that would not be there was the sidewalk on the Kaiser frontage. Cm. Biddle asked if there were bike connections across the overpass. Director of Public Works Melissa Morton state there were not plans at this time for bike connections across the interchange. Incorporated in the Bikeways Master Plan was a provision to try and study the City's interchanges to find interfaces. Dave Chadbourne, representative of Stanforth Holdings, stated he was available to answer any questions, if needed. Cm. Biddle asked what was the height of the towers on the buildings. Mr. Chadbourne stated the height of the towers was 30-35 feet. Mayor Sbranti asked what was the timeline of the phases. Mr. Chadbourne stated the phases were a projection of how the project might proceed. There needed to be an anchor tenant, and the phases would be contingent on that. Phase II would be built as the same time as Phase IA. Mayor Sbranti asked what differentiated the retail at this project from Grafton Station or the Promenade. Mr. Chadbourne stated this was more of a shopping center. It was a different dynamic. This had highway-related commercial. Mayor Sbranti closed the public hearing. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council waived the reading and introduced an Ordinance Approving an Amendment to DUBLIN CITY COUNCIL MINUTES is VOLUME 28 ~~ pr Dp REGULAR MEETING 1~~~~~ June 2, 2009 ~~ "~' /~ ~'iLIFOR~~~ DRAFT the Planned Development District of Dublin Ranch Area C, specifically for the project known as Fallon Gateway Commercial Center located at the Southwest Corner of Dublin Boulevard and Fallon Road in Area C of Dublin Ranch (APN: 985-0027-009-03), PA 08- 34. RECESS 9:05 p.m. Mayor Sbranti called for a brief recess. The meeting reconvened with all Councilmembers present at 9:12 p.m. Draft 2009-2014 Housing Element 9:12 p.m. 6.2 (430-20) Mayor Sbranti opened the public hearing. Senior Planner Marnie Waffle presented the Staff Report and advised that the City Council would review the draft 2009-2014 Housing Element in preparation of submitting the document to the State Department of Housing and Community Development for review. Veronica Tam, Housing Element Consultant, provided an overview of the key issues being addressed in the housing element, how the City would achieve the, regional housing needs allocation and the housing programs proposed in the draft housing element. Cm. Scholz asked for more detail on the modification to Policy D.2 addressing childcare, in the draft Housing Element. Ms. Waffle stated the Planning Commission had added modified one of the policies to add childcare seeking parents to the policy. However, it alluded to the fact that the City wanted to create a new housing needs population when, in fact, the intent was to address the need for childcare within the community. Staff was suggesting a modification to the DUBLIN CITY COUNCIL MINUTES i6 VOLUME 28 ~~oeD~e~ REGULAR MEETING ~~~~;~ June 2, 2009 ~\\ '~'~.. /~ _. '~ . ~3 DRAFT language to include childcare as a supportive service to housing as opposed to creating a new housing needs population. Cm. Hart asked how the City addressed the needs of the homeless under the proposed policy. Ms. Tam stated the requirement was now that every local jurisdiction must find a zoning district where emergency shelters were permitted by right. The jurisdiction did not have to build a homeless shelter, but allow one to be established. They called around to homeless providers and those providers stated there were very few homeless in Dublin and did not see a need to provide an emergency shelter in Dublin. The City did have to provide a zone where one could be established by right. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION N0.79 - 09 DIRECTING STAFF TO SUBMIT THE DRAFT 2009-2014 HOUSING ELEMENT TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW WITH A MODIFICATION TO POLICY D.2 ADDRESSING CHILD CARE with Staff's modification to the Child Care policy. UNFINISHED BUSINESS-None NEW BUSINESS DUBLIN CITY COUNCIL MINUTES i~ VOLUME 28 1,~oFnr,~ REGULAR MEETING i~~~~az June 2, 2009 `\ C~~~R~~ DRAFT Approval of Fund Transfer Agreement with the Alameda County Congestion Management Agency for Construction of the I-580 Westbound Auxiliary Lane between Fallon Road and Tassajara Road, in Conjunction with the I-580/Fallon Road Interchange Improvements, Contract No. 07-13A 9:3 8 p.m. 8.1 (600-40) Director of Public Works Melissa Morton presented the Staff Report and advised that the Alameda County Congestion Management Agency (ACCMA) had requested that the City of Dublin construct the I-580 Westbound Auxiliary Lane between Fallon Road and Tassajara Road in conjunction with the City's I-580/Fallon Road Interchange Improvements (Contract No. 07-13A) to ensure consistency between the two projects. The City Council would consider approval of a Fund Transfer Agreement with ACCMA to construct this project. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION N0.80 - 09 APPROVING THE FUND TRANSFER AGREEMENT WITH THE ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY FOR THE CONSTRUCTION OF THE I-580 WESTBOUND AUXILIARY LANE BETWEEN FALCON ROAD AND TASSAJARA ROAD and authorized the City Manager to sign the agreement; established a new CIP Project entitled, "I-580 Westbound Auxiliary Lane Improvements" (CIP No. 96431); and approved a Budget Change in the amount of $53,713 in expenditures and $53,713 in new revenues for Fiscal Year 2008-2009, and directed Staff to include the remainder of the project in the Fiscal Year 2009-2010 Budget. DUBLIN CITY COUNCIL MINUTES i s VOLUME 28 ~,~oFDO~. REGULAR MEETING i~~~~si June 2, 2009 ~~ ~ //~ ~'1GI R~~~ 2 ~ C," ~°Y ~_.. DRAFT Approval of Contract Change Order Nos. 7, 9, and 39 - I-580/Fallon Road Interchange Improvements, Contract No. 07-13A 9:42 p.m. 8.2 (600-35) Director of Public Works Melissa Morton presented the Staff Report and advised that the I-580/Fallon Road Interchange Improvement Project was underway and more than 60% complete. The City Manager was authorized to approve Contract Change Orders up to a limit of $25,000 each, or a cumulative increase of 5% of the contract cost. Contract Change Order Nos. 7, 9, 36, and 39 would exceed the 5% limit, thus requiring City Council approval. To facilitate the approval of subsequent change orders and to avoid construction delay, Staff was requesting that the City Council authorize the City Manager or her designee to approve subsequent Contract Change Orders for the project. Cm. Biddle asked what was the expected completion date for the project including all the change orders. Ms Morton stated the interchange work itself would be constructed by August or September. The work on the auxiliary lane would put the project completion into October or November. Cm. Hart asked if the project was still within budget. Ms. Morton stated it was still within contract. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council approved Change Order Nos. 7, 9, and 36 in the amounts of $40,594.53, $298,278.28, and $398,822, respectively, as they relate to CIP No. 96430, I-580/Fallon Road Interchange Improvements; approved Contract Change Order No. 39 in the amount of $1,319,176.68 as if relates to CIP No. 96431, I-580 Westbound Auxiliary Lane Project; and adopted RESOLUTION N0.81 - 09 AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO APPROVE SUBSEQUENT CONTRACT CHANGE ORDERS FOR CONTRACT N0.07-13A, I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS PROJECT DUBLIN CITY COUNCIL MINUTES i9 VOLUME 28 of ~, e REGULAR MEETING 19;~~~~~ June 2, 2009 ~~ ~`~GII'C~R~1~ DRAFT up to the appropriated funds of $308,559 for CIP No. 96430 and $871,222 for CIP No. 96431. 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) 9:50 p.m. City Manager Pattillo stated the Social Host Urgency Ordinance had been distributed to Dublin Unified Schools as well as Christian Schools. Cm. Hart asked that an update be made to the City Council regarding the progress at Dublin High School. He asked Staff if they had an update on the West Dublin BART station. Ms. Morton stated that, in regard to the BART station, there were still complications regarding the pedestrian overcrossing so the freeway closure had been delayed. Cm. Hart asked if Staff had an update on the Historic Park. Director of Parks and Community Services Diane Lowart stated the Park was on schedule and the buildings were being placed on their foundations. Cm. Scholz stated she had attended the Dublin Unified School District Board meeting, the East Bay Division meeting, the School of Imagination enrollment process, and the Tri- Valley Council meeting. She discussed her concerns regarding the State budget. Cm. Biddle stated he wanted to again mention the `Save Your City" campaign. Vm. Hildenbrand stated she had attended the ABAG Legislative and Governmental Affairs meeting, the Waste Management meeting, the Tri-Valley Council meeting, and Livermore Amador Valley Transportation Authority meeting. She participated in the Dublin Unified School District Community Conversations. She asked Staff who was responsible for a particular area along Tassajara Creek because the weeds there were very tall. DUBLIN CITY COUNCIL MINUTES 20 VOLUME 28 OF Dp ti~ ~ REGULAR MEETING 1~~~~~ June 2, 2009 ~~ '~' /~ ~''lGIF0~~1~ DRAFT City Engineer Mark Lander stated the Homeowners Association (HOA) took care of that part of the land and was responsible for the weed abatement. Vm. Hildenbrand asked that the City notice the HOA to take care of the weeds. Mayor Sbranti stated he had attended the Tri-Valley Council meeting, PG&E meetings regarding downed power lines, a Congestion Management Agency (CMA) meeting that was now merging with Alameda County Transportation Improvement Agency (ACTIA). He had also attended the Livermore Lab National Ignition Facility opening. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 10:09 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk \~~~-r. DUBLIN CITY COUNCIL MINUTES ai VOLUME 28 `~°FD° REGULAR MEETING a; June 2, 2009 \~~-~'~'~/~ ~iroR~