Loading...
HomeMy WebLinkAboutItem 4.01 Draft CC 01-03-2006 Min MINUTES OF THE cm COUNCIL OF THE cm OF DUBLIN RE6ULAR MEETIN6 - JANUARY 3. 2006 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case .. A regular meeting of the Dublin City Council was held on Tuesday, January 3, 2006, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Pro Tempore Oravetz. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick and Zika, and Mayor Pro Tern Oravetz ABSENT: Mayor Lockhart Mayor Pro Tern Oravetz advised that Mayor Lockhart would not be in attendance due to a serious family illness. .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3,2006 PAGE 1 www.ci.dublin.ca.us REPORT ON CLOSED SESSION ACTION Mayor Pro Tern Oravetz announced that the Council had authorized the initiation of litigation. . ORAL COMMUNICATIONS Introduction of New Employee: Susana Cosio, Office Assistant II, Community Development Department, Building Division 7:01 p.m. 3.1 (700-10) Community Development Director Jeri Ram introduced new Community Development Office Assistant II, Susana Cosio. The Council welcomed Ms. Cosio to the City of Dublin Staff. . Proclamation Declaring January 2006 as "Volunteer Blood Donor Month" 7:02 p.m. 3.2 (650-10) Mayor Pro Tern Oravetz read a proclamation declaring January 2006 as "Volunteer Blood Donor Month" urged citizens in good health to donate regularly. Mayor Pro Tern Oravetz announced that there would be a blood drive hosted by Dublin Police & City Employees on Wednesday, February 1,2006, from 10:00 a.m. - 4:00 p.m., in the Dublin Library Community Room, located at 200 Civic Plaza, and encouraged everyone to make a donation. Harry Beardsley accepted the proclamation on behalf of the American Red Cross. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 2 www.ci.dublin.ca.us Public Comments 7:06 p.m. 3.3 Cindy Thomas, Dublin resident, outlined her past health history in order to explain why she had turned to medical marijuana for personal use and why she provided it to others in need. She expressed concern about the Dublin Police raiding her place of business and her home, terrorizing her employees and family members. In her opinion, the Dublin Police misread the law and her lawyers would re-inform them. In the meantime, her business had been ruined and her employees and family traumatized. The Dublin Police had taken the issue of privacy and made it public. She had been expecting Police contact and had had legal counsel throughout the whole process. "J" and "0" (full names not provided), Dublin residents, stated that they were the sons of the business manager and indicated that their home was raided by the Dublin Police the day after Christmas. They described the incident and expressed concern about having guns pointed at them. "Lisa" (full name not provided), Dublin resident, advised that she was asked by Cindy Thomas to help open the "Dublin Greene," a patients' collective, which was different than a medical marijuana dispensary. A patients' collective was a closed-list club of patients that contribute taking care of each other. They were providing the space at 6711-B Sierra Court under their 10-year old business license for CT Creations. On December 26, 2005, they were raided by the Dublin Police Department. There were no patients on the site at the time. They were raided at gun point, and had no weapons on the premises. The club was located in the back of the gift shop in the warehouse. It was an 8-hour raid, during which time they were handcuffed and not shown a search warrant upon entry. She expressed concern that no one from the Dublin City Council approached them if they had an issue with the club and that they were being called a dispensary, which was against the law. They were not a dispensary and were not violating any zoning laws. A club had a right to exist anywhere it could exist. All the members have read and abide by the club rules. They had not allowed any of their patients to attend the City Council meeting because the owners wanted to negotiate and talk to the Council instead of having them face any angry audience. They were asking that the Council allow the Dublin Greene to operate as it had been quietly for the past six month, prior to the moratorium, and keep the Police officers from harassing them. Mayor Pro Tern Oravetz advised the audience that the Council could not discuss or comment on items, such as this, that were not on the posted agenda. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 3 www.ci.dublin.ca.us John Lustig, Mountain View resident, advised that he was not involved in this particular issue, but felt the need to speak in support of the club. He described how, as a patient, cannabis had helped him deal with his pain. In his opinion, this type of facility should be allowed. Jim Lohse, a political activist for medical marijuana and with a group called the Compassionate Coalition from Santa Clara County, advised that he had encouraged Lisa to come to this meeting to put a face on this situation. There was a perception that the traditional dispensary was nothing more than a drug dealer given a place to rent. In his experience, he had found that these people follow the letter of the California law, and he felt that the Dublin Greene owners were following the law. It was difficult to separate that there was a side of cannabis that was good. When distributing cannabis in Santa Clara County, his experience with law enforcement officials had been civil with no guns involved. He hoped this could all be worked out in a similar manner in Dublin. Glenn White, Dublin resident, stated that the citizens of California voted to allow cannabis to be sold legally to patients and everyone seemed to be complying with State law. There were issues dealing with the Federal government but, in his opinion, the State of California had a right to decide the kind of medicine allowed for its people. The Federal government had no rights because there was no proven interstate commerce. Democracy needed to be defended by the Dublin City Council. .. 7:23 p.m. Mayor Pro Tem Oravetz recommended that Item 8.2, Request for Proposal for Financial Advisor and Public Opinion Research Firm, be continued to a future meeting when the Mayor would be present. On motion of Cm. McCormick, seconded by Mayor Pro Tem Oravetz and by unanimous vote (A1ayor Lockhart absent), the Council continued Item 8.2 to afuture meeting. .. CONSENT CALENDAR 7:24 p.m. Items 4.1 through 4.7 DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 4 www.ci.dublin.ca.us City Manager Richard Ambrose advised that Item 4.4 (600-60), Acceptance of Improvements for Lockhart Street - Central Parkway to Gleason Drove, was being removed from this agenda and would be brought back to the Council at a future meeting. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Lockhart absent), the Council took the following actions: Approved (4.1) Minutes of Special Meeting of December 13,2005, and Regular Meeting of December 20, 2005; Authorized (4.2 600-35) Staff to solicit bids for construction of the Murray Schoolhouse Exhibit Restoration Project; Accepted (4.3 600-35) work performed under Contract No. 05-12, and authorize final payment to Bella Painting, less retention to be paid in 35 days if no subcontractor or supplier claims are received; Adopted (4.5 600-60) RESOLUTION NO.1 - 06 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT fOR TRACT 7282 (STANDARD PACIFIC CORPORATION) and RESOLUTION NO.2 - 06 ACCEPTING IN LIEU PARKLAND DEDICATION fEES AND CREDITS fOR TRACT 7282 Accept (4.6 390-20) report and adopted RESOLUTION NO.3 - 06 MAKING FINDINGS REGARDING UNEXPENDED DOWNTOWN TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2004-2005 Approved (4.7 300-40) Warrant Register - None. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 5 www.ci.dublin.ca.us W~TIrnNCOMMUMCATIONS-None .. PUBLIC HEARINGS Public Hearing Development Agreement for Sorrento at Dublin Ranch Area F West~ PA 04-02 7:25 p.m. 6.1 (600-60) Mayor Pro Tern Oravetz opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that this was the first reading of an Ordinance which would approve a Development Agreement between the City of Dublin and Sorrento Dublin Ranch I, L.P., submitted by Toll Brothers, Inc. The Developer is proposing approximately 423 units of medium density residential on 44.1 acres, five individual residential neighborhoods, a 2-acre site for a neighborhood square, and one private recreation center. As per the Eastern Dublin Specific Plan, the Developer is required to enter into a Development Agreement for any development in the eastern portion of the City. Cm. McCormick asked if the Planning Commission had recommended any changes to the Development Agreement. Mr. Porto advised that the Planning Commission had no changes to the agreement. No testimony was entered by any member of the public relative to this issue. Mayor Pro Tern Oravetz closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote (Mayor Lockhart absent), the Council waived the reading and introduced an Ordinance approving the Development Agreement between the City of Dublin and Sorrento Dublin Ranch I., L.P., and continued the matter to the January 17, 2006, Council meeting. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 6 www.ci.dublin.ca.us Public Hearing Ordinance Amending Chapters 2.16 and 2.18 of and Adding Chapters 2.46 and 2.48 to the Dublin Municipal Code Relating to the Reimbursement of Expenses for Members of City Commissions and Committees 7:27 p.m. 6.2 (300-20) Mayor Pro Tern Oravetz opened the public hearing. Assistant City Manager Joni Pattillo presented the Staff Report and advised that this was the second reading of an Ordinance which would amend Chapters 2.16 and 2.18 and Adding Chapters 2.46 and 2.48 of the Dublin Municipal Code relating to the reimbursement of expenses for members of City commissions and committees. At its December 20, 2005 meeting, the City Council conducted a public hearing and introduced the proposed Ordinance, and adopted a revised resolution establishing a policy regarding official travel and other reimbursements of business expenses. No testimony was entered by any member of the public relative to this issue. Mayor Pro Tern Oravetz closed the public hearing. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Lockhart absent), the Council adopted ORDINANCE NO.1 - 06 AMENDING CHAPTERS 2.16 AND 2.18 AND ADDING CHAPTERS 2.46 AND 2.48 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE REIMBURSEMENT Of EXPENSES fOR MEMBERS OF CITY COMMISSIONS AND COMMITTEES .. Public Hearing Amendment to Dublin Municipal Code to Provide for Increase in the Salary for Members of the City Council 7:29 p.m. 6.3 (700-20) Mayor Pro Tern Oravetz opened the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 7 www.ci.dublin.ca.us City Clerk Fawn Holman presented the Staff Report and advised that this was the first reading of an Ordinance which would provide for an increase in salary for members of the City Council following the November 2006 election. Council salaries would be increased from the current amount of $687.58/month to $758.06/month. The Mayor would receive an additional $100/month. No testimony was entered by any member of the public relative to this issue. Mayor Pro Tern Oravetz closed the public hearing. Cm. McCormick stated that she supported this increase even though she would be off the Council before it went into affect. It was important not to cause financial hardship to those who wanted to serve their community as a Councilmember. Cm. Zika made a motion to waive the reading and introduce the Ordinance, and advised that this increase would not affect him either. Cm. McCormick seconded the motion. Mayor Pro Tern Oravetz advised that he felt it was inherently wrong for politicians to give themselves increases, even though no one deserved an increase as much as the Dublin City Council. This Council had done an excellent job in this City regarding growth, housing, jobs, revenue and community safety. If the public could decide if the Council deserved a raise, he would support it. However, he would continue to oppose the concept of the Council giving itself a raise. The Council briefly discussed their differing opinions related to the issue. On motion of Cm. Zika, seconded by Cm. McCormick and by majority vote (Mayor Pro Tern Oravetz opposed, Mayor Lockhart absent), the Council waived the reading and INTRODUCED the Ordinance amending Section 2.08.020 of the Dublin Municipal Code to provide for an increase in the salary for members 0 the City Council after the November 2006 election, and continued the matter to the January 17, 2006, Council meetin,g. . DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 8 www.ci.dublin.ca.us UNFINISHED BUSINESS Collection of Assessments to SutJpOrt the Tri-Valley Tourism Business Improvement District 7:37 p.m. 7.1 (470-50) Economic Development Director Chris Foss presented the Staff Report and advised that the City Council would consider authorizing the collection of assessments to support the Tri-Valley Tourism Business Improvement District (TVTBID), which was established by the Tri-Valley Convention & Visitor's Bureau for the purpose of expanding tourism in the Tri-Valley. The TVTBID would include all lodging facilities in the Tri-Valley with 35 rooms or more and would assess a fee of $1.00 a night per occupied room for five years. Cm. McCormick asked how much would be generated in Dublin. Mr. Foss stated that approximately $120,000 a year was anticipated to be generated in Dublin and upwards of $1 million a year through the Tri-Valley Tourism Business Improvement District. Cm. McCormick noted that the $120,000 was almost double the $56,000 a year that the City used to fund through its General Fund. Mayor Pro Tern Oravetz stated that it was quite a savings for the City, but he still viewed it as a tax to the people. On motion of Cm. McCormick, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Lockhart absent), the City Council adopted RESOLUTION NO.4 - 06 AUTHORIZING THE COLLECTION OF ASSESSMENTS TO SUPPORT THE TRJ- VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 9 www.d.dublin.ca.us NEW BUSINESS Shannon Community Center Conceptual Designs 7:40 p.m. 8.1 (210-30) Parks & Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that in June 2005, Requests for Proposals for architectural services to design the new Shannon Community Center were solicited, and the Dahlin Group was chosen by the City Council. The Dahlin Group prepared four conceptual plan options for the building footprint and site plan, which meet the program requirements for the Shannon Community Center as approved at a joint meeting of the City Council and Parks & Community Services Commission of April 12, 2005. The Parks & Community Services Commission was recommending conceptual site plan and floor plan Option # 1 with the Craftsman exterior design option. Gregor Markel, project architect with the Dahlin Group, outlined the four different building footprint options and architectural styles. The goal was to maintain the existing landscape, and Staff anticipated removing only one tree to allow for emergency response vehicles. It was also important not to disturb the creek. Cm. McCormick asked if the tree would be relocated somewhere else on the property. Mr. Markel advised that it could be relocated and indicated Staff anticipated planting an additional 10-15 trees would be planted as part of the development. The Council and Staff engaged in a question and answer session regarding each of the options, discussing the need for restrooms closer to the play area, architectural buffers that would help with acoustics to protect a variety of classes, especially in relation to the preschool, and potential view impacts to neighbors. Sue Flores, Parks & Community Services Commission Chairperson, advised that the Commission was initially excited about Option #4 with the separate preschool, but changed its view after further study. A building in the parking lot would obstruct the view and diminish the beauty of the park. Ultimately, the Commission unanimously recommended Option #1, which included a restroom near the play area. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 10 www.ci.dublin.ca.us Rich Guarienti, Parks & Community Services Commissioner, explained the process he went through to eliminate the different options. View, cost, practicality, convenience, etc., were considered when finally agreeing on the preferred Option #1. He personally liked Option #1 for its natural setting and felt kids should walk a little way to the preschool. Cm. McCormick stated that she preferred Option # 1, with Mission Style architecture for historical value. Cm. Zika concurred with Option #1, but preferred the Craftsman style. Cm. Hildenbrand concurred with Option #1 with the Mission style. The Craftsman style was nice, but it was used at the new Senior Center. Mayor Pro Tern Oravetz concurred with Option #1, but preferred the Craftsman style. He expressed concern about a tie vote between Craftsman and Mission style and asked if the issue should be brought back to the Council when the Mayor was present to comment. Ms. Lichtenstein suggested that an elevation of each style be prepared and brought back to Council to allow the Mayor an opportunity to provide input. The Council directed Staff to proceed with Option #1 as the preferred building footprint and site plan, and directed Staff to prepare an elevation of each the Mission and Craftsman style for Council consideration at a future meeting. .. Request for Proposals for Financial Advisor and Public Opinion Research Firm 8:34 p.m. 8.2 (215-10/295-10) Mayor Pro Tern Oravetz reminded those present that, on a previous motion at the beginning of the meeting, the Council continued this item to a future meeting to allow Mayor Lockhart to participate in the discussion and decision. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 11 www.cLdublin.ca.us Amendment to the Dublin Historic Park Master Plan Consultant Services Agreement 8:34 p.m. 8.3 (600-30) Parks & Community Services Director Diane Lowart presented the Staff Report and advised that, at its November 18, 2005 Park and Recreation facility Planning Workshop, at which time financing options for the Dublin Historic Park were discussed, the Council directed Staff to have the Consultant, Royston Hanamoto Alley & Abey (RHAA), modify the preferred alternative plan to eliminate the proposed theater component, and to add the Green Store parcel to the plan. This will necessitate the need for additional consultant services not originally included in the Scope of Services. On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote (Mayor Lockhart absent), the City Council approved Change Order #1 for Additional Services; and approved a Budget Change in the amount of $14,610. . OrnER BUSINESS 8:36 p.m. City Manager Ambrose advised that the Mt. Diablo Rose Society, who had an agreement to maintain the roses at Emerald Glen Park, would be holding a rose pruning workshop at Emerald Glen Park on Saturday, January 14,2006, at 9 a.m. - noon. The public was encouraged to attend. Mayor Pro Tern Oravetz advised that he had attended the Sentinels of Freedom event, representing Mayor Lockhart, on December 28, 2005. The event honored soldiers from Dublin, San Ramon and Danville who were home on leave. Two Dublin residents were honored: U.S. Marine Private Sean Halloran, Jr., a 2005 graduate from Dublin High School; and Navy Medic Joseph Molino Poquiz, a new Dublin resident. Nine regional service men in all were honored at the event. Millie Wasik, Dublin's Blue Star Mom, and Mike Conklin were to be commended for leading this excellent organization. On behalf of the entire City Council, Mayor Pro Tern Oravetz wished the citizens of Dublin a happy New Year, and asked them to keep Mayor Lockhart's family in their thoughts. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE 12 www.ci.dublin.ca.us .. ADJOURNMENT . 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:40 p.m. Mayor Pro Tern ATTEST: City Clerk - DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING January 3, 2006 PAGE ]3 www.ci.dublin.ca.us