HomeMy WebLinkAboutItem 4.01 Draft CC 08-21-2007 Agenda
DRAFT
MINUTES OF THE cITY COUNCIL
OF THE cITY OF DUBLIN
REGULAR MEETING - AU2:ust 21~ 2007
CLOSED SESSION - None
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A regular meeting of the Dublin City Council was held on Tuesday, August21, 2007, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:03 p.m., by Mayor Lockhart.
.
ROLL CALL
PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor
Lockhart.
. ABSENT: None
.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
.
ORAL COMMUNICATIONS
Introduction of New Employees: Rhonda Franklin, Administrative Technician;
Anastasia Nelson~ Office Assistant II; and Cindi Santos~ Pre-School Instructor
7:03 p.m. 3.1 (700-10)
Parks and Community Services Director Diane Lowart recognized Rhonda Franklin,
promoted to Administrative Technician; and Cindi Santos as the new Pre-School
Instructor.
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Community Development Director Jeri Ram introduced Anastasia Nelson as the new
Office Assistant II.
The Council welcomed Ms. Santos, and Ms. Nelson to the City of Dublin Staff. The
Council congratulated MS. Franklin on her promotion.
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Presentation by the Zone 7 Water Agency
Ree:ardine: the Stream Manae:ement Master Plan (Stream WISE)
7:07 p.m. 3.2 (1000-70)
Public Works Director Melissa Morton presented the Staff Report and advised that Zone 7
Water Agency would make a presentation regarding the past work and current status of its
Stream Management Master Plan (SMMP) and the Stream WISE program for
implementation of these important flood control and environmental/community enhancing
plans and their related projects within the City and the Tri-Valley area.
General Manager of Zone 7, Jill Duerig, introduced Gerry Nakano, Co-Project Manager,
who presented information on the past work and current status of its Stream Management
Master Plan (SMMP) and the Stream WISE program.
Cm. Sbranti asked Mr. Nakano, in reference to the 24 projects that were going to be
prioritized, was it a 5-year or 10-year Capital Improvement Program (CIP), or both.
Mr. Nakano responded that it was both. The 24 projects were identified as those projects
needing additional analysis.
Cm. Sbranti asked what percentage of the identified projects would be funded.
Ms. Duerig stated that was hard to determine at this point. There was a financial group
working on how to fund these projects. Currently the CIP had a five-year window and
hoped to extend it to a 10-year horizon.
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Cm. Oravetz asked Ms. Duerig what would happen if the Del Valle Dam catastrophically
failed.
Ms. Duerig stated that Zone 7 did not own the Dam. It was owned by the Department of
Water Resources. The Department did not consider it to be one of their more high risk
dams.
The Council received the presentation and thanked Ms. Duerig and Mr. Nakano.
.
Youth Advisorv Committee Appointments
7:25 p.m. 3.3 (110-30)
Parks and Community Services Director Diane Lowart presented the Staff Report and
advised that the term of office for the Youth Advisory Committee expired in August 2007.
The openings for the upcoming term were advertised and seventeen applications were
received for the youth member positions. The Mayor recommended the appointment of 13
youth and two alternates. .
The Mayor commented that it was very difficult to make selections since they were all
great applicants.
On motion of Cm. Sbranti, seconded by Vice Mayor Hildenbrand and by unanimous vote,
the Council confirmed the Mayor's appointments to the Youth Advisory Committee for
the term September 2007 through August 2008.
..
Public Works Intern Proiect - Street Sie:n and Markine: Inventorv
7:26 p.m. 3.4 (820-30)
Public Works Director Melissa Morton presented the Staff Report and advised that this
year's Public Works Intern worked to provide a current inventory of street signs and/or
pavement markings in the City. This presentation would discuss the project and the
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benefits it would provide to the services provided to the community by the Public Works
Department.
Public Works Intern Silas Toms made a presentation on his project of counting traffic
control devices throughout the City using a global positioning receiver. Items counted
included street signs and their poles, pavement markings, and curb markings. This
information was needed to confirm the proper location of these devices to ensure citizen
safety. Over 11,000 devices were counted.
Cm. Sbranti asked Mr. Toms ifhe passed on any maintenance information regarding work
needed on these devices to the Public Works Department.
Mr. Toms confirmed he had and the items had been handled by Public Works.
The Council received the presentation and thanked Mr. Toms for his thorough work.
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Public Comments
7:34 p.m~ 3.5
No comments were made by any member of the public at this time.
Mayor Lockhart presented a Certificate of Appreciation to Shawn Akbarpour, owner of
Enigma Motors, for his support of the Valley Children's Museum and the City of Dublin.
Mr. Akbarpour presented Mr. Bill Schaub, member of the Board of the Valley Children's
Museum, a check for $43,000 from a recent fundraising event sponsored by Enigma
Motors. Mr. Akbarpour thanked the Council for its support of the event.
Mayor Lockhart presented a Certificate of Appreciation to the Lin Family via their
representative Jim Tong, for their support of Hope Hospice. Mr. Jim Tong presented a
Deed of Trust from the Lin Family to Hope Hospice for the land of the site of the future
Hope Hospice facility. Mr. Everitt Beers, President of the Board of Hope Hospice,
thanked the Mayor for her introduction of the two parties. Helen Meier, Executive
Director of Hope Hospice, thanked Mr. Tong, the Lin Family, Mayor Lockhart and the
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City Council. The future facility will house the patient care team, bereavement services,
and administrative office.
'.
CONSENT CALENDAR
7 :46 p.m. Items 4.1 through 4.10
On motion of Cm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council
took the following actions:
Approved (4.1) Minutes - None.
Adopted (4.2 590-20)
ORDINANCE NO. 17 - 07
ESTABLISHING SPEED LIMITS ON CENTRAL PARKWAY
(ARNOLD ROAD TO TASSAJARA ROAD), GLEASON DRIVE
(ARNOLD ROAD TO TASSAJARA ROAD), NORTH AND
SOUTH DUBLIN RANCH DRIVE, SIGNAL HILL DRIVE, BENT TREE DRIVE,
AND FALLON ROAD (BENT TREE DRIVE TO SIGNAL HILL DRIVE)
Adopted (4.3 410-40)
RESOLUTION NO. 149 - 07
APPROVING PARCEL MAP 9485
(G AND G INTERNATIONAL
HOLDING GROUP - GRAYSON BUILDING)
Received (4.4 320-30) City Treasurer's Investment Report for 4th Quarter 2006-2007;
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Approved (4.5 600-35) Budget Change in the amount of $23,400; and accepted
improvements under Contract No. 07-07, Dublin Boulevard Bridge Resurfacing at Alamo
Canal, and authorized the release of retention after 35 days if there were no subcontractor
claims.
Adopted (4.6 600-35)
RESOLUTION NO. 150 - 07
ACCEPTING IMPROVEMENTS TO
ALAMO CREEK PARK CONTRACT NO. 07-04
Adopted (4.7 600-60)
ORDINANCE NO. 18 - 07
APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN
AND STANFORTH HOLDING COMPANY
Adopted (4.8 600-30)
RESOLUTION NO. 151 - 07
AMENDING THE SALARY PLAN
and approved City Manager's Employment Agreement as recommended by Agency
Negotiating Team;
Authorized (4.9 600-35) the Mayor to execute the Agreement with Toll Brothers;
authorized the City Manager to execute Change Order #2 with Jensen Corporation; and
approved the Budget Change.
Approved (4.1,0 300-40) the Warrant Register in the amount of$6,445,084.73.
..
WRITTEN COMMUNICATIONS - None
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PUBLIC HEARINGS - None
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UNFINISHED BUSINESS
Report Prepared by PFM Asset Management LLC (PFM)
Assessment and Review of the City's Investment Portfolio and
Procedures and Adoption of an Updated City of Dublin Investment Policv
7:46 p.m. 7.1 (320-30)
Administrative Services Director Paul Rankin presented the Staff Report and advised that
the City Council authorized a review of the City Investment practices and policy, which
was performed by PFM. This firm was an investment advisor to many public agencies.
The results of the report and proposed modification to the City Investment Policy would
be presented to the City Council for their consideration.
Mr. Richard Babee, Senior Management Consultant of PFM, presented highlights of the
report provided to Council which reviewed and suggested recommendations regarding the
City's investment policy.
Cm Sbranti asked Mr. Babee about the City having 45% of securities that were callable
within a year, and in the report, PFM recommended having 25% of securities that were
callable within a year. What was the reason for such a discrepancy.
Mr. Babee stated their viewpoint was buying a federal agency callable security was very
high quality, AAA from' a credit risk outlook. The implications on managing a portfolio,
if it was a callable security, it typically was called when there was a low interest rate and
you would have to reinvest it at that time. They would like to see an entity reinvest at a
moderate level so they get the benefit of the extra yield on callables, and not take so much
reinvestment risk. It was just something to consider and do over time. It was important to
make changes over time, not all at once.
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Cm. Oravetz asked Mr. Babee what he believed the mortgage rates might be in 2008.
Mr. Babee stated that he could not make a predication of what the interest rates would be
in 2008. The market currently expected basically 2% interest rates going down. The
whole yield curve would go down by 2%. Things could change dramatically over time.
Administrative Services Director Paul Rankin stated that the investment report for the
period ending June 30, 2007 on the Consent Calendar the Council incorporated some of
the recommendations from the output from the new accounting system that was part of the
City's discussions and learning with PFM.
Cm. Sbranti asked how often an analysis was done on the City's investment practices.
Administrative Services Director Rankin stated this was the first time the City used an
outside firm. The investment policy was brought to the Council annually.
On motion of Vm. Hildenbrand, seconded by Cm. Sbranti and by unanimous vote, the
City Council adopted
RESOLUTION NO. 152 - 07
ADOPTING A REVISED POLICY FOR CITY INVESTMENTS
.
Adoption of Regional Housing Needs Allocation (RHNA)
for the San Francisco Bay Area Ree:ion for the 2007-2014 Housine: Element Cycle
7:59 p.m. 7.2 (430-20)
Senior Planner Marcie Nuccio presented the Staff Report and advised that the City
Council would review the draft allocation of housing units prepared by the Association of
Bay Area Governments (ABAG) for Dublin.
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Cm. Oravetz asked what the numbers were for Dublin's neighboring cities.
Mayor Lockhart stated she did not believe either neighboring City received more than
Dublin.
Vm. Hildenbrand stated that just because the Cities had more numbers allocated or not,
some do not necessarily build that number of units. The idea was that everyone had a
variety of housing.
Mayor Lockhart stated that as a member of the ABAG Board, they had discussed the
reason the multiplier was aggressive was because large cities did not want ABAG
concentrating all the poor in their communities while not spreading it out throughout the
county. The biggest problem was that all the services for low income residents were in
those large cities. The discussion was if the large cities wanted the smaller cities to take
more of the numbers then provide the smaller cities with some of the services. The big
cities were not interested in sharing their services, only in sharing the residents that
needed the services. Until that was adjusted, it would be difficult for the smaller cities to
provide housing because they could not provide the human infrastructure that went with
it. The City would continue to do its best.
Vm. Hildenbrand stated that being on two of those committees, the problem was the
bigger cities had more votes. Until they start to hear what the smaller regions had to say,
it was an uphill battle.
Cm. Sbranti asked, according to the process, did the City have to show the capability that
during the seven year period, the City had enough zoning to do 3,330 units at the income
level they were recommending. Did ABAG take into account land availability?
Senior Planner Nuccio stated that regarding his first question, that was correct. They
looked at five factors specifically: household growth, employment growth, existing,
future and near transit.
Mayor Lockhart stated that hopefully ABAG would get realistic about the process and the
formulas. The City did get extra funding and monetary rewards for meeting ABAG goals.
Cm. Sbranti asked how long it would take for the Housing Element to go to the State.
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Senior Planner Nuccio stated that the numbers were not due until June 2009, but the City
would try to get the numbers to the State early.
The City Council received the report.
.
Agreement with
Rovston Hanamoto Allev & Abev (RHAA) for Dublin Historic Park~ Phase 1
8:09 p.m. 7.3 (600-30)
Parks and Community Services Director Diane Lowart presented the Staff Report and
advised that one of the Fiscal Year 2007-2008 High Priority City Council goals was to
undertake development of design and construction documents for Phase I of the Dublin
Historic Park upon acquisition of the Dublin Square Shopping Center. The City acquired
the Shopping Center in Fiscal Year 2006-2007 and funds were included to proceed with
the Phase I improvements in the Fiscal Year 2007-2008 Budget. The City Council would
consider a proposal for landscape architectural services from Royston Hanamoto Alley &
Abey who prepared the original master plan for the Dublin Historic Park.
Cm. Sbranti asked for clarification of the surplus funds allotted to this project at the
Budget Hearing for the specific intention, if the opportunity arose, to move the Kolb
House.
Parks and Community Director Lowart stated that the Council had set aside $2.5 million
for this project but Council needed to recognize that there were three additional phases to
the Dublin Historic Park for which the City was hoping to use the money. But it could
also be used for the moving of the house. But at some point in the future, the City would
need to find additional money to finalize the Master Plan.
City Manager Richard Ambrose stated that Phase I was basically demolition, turf,
irrigation, and a parking lot, at a cost of $2.4 million. Phase II was the $4 million phase
and did not include the relocation of the Kolb House. The Kolb House was always in
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addition to the numbers that were included in the Historic Park Master Plan. Staff was
asked to look at the relocation of the Kolb House after the Historic Park Master Plan and
costs had been completed. The City was still short $1.5 million for the relocation.
Mayor Lockhart asked what would need to be done to the site before the building could be
moved to the Park.
Parks and Community Director Lowart stated Staff would be looking at the uses of the
buildings and the implications of moving them and where there would go on the site.
They would like to move the home as part of Phase I.
Mayor Lockhart stated that when the Council first discussed relocation of the home, they
were not necessarily speaking of all the buildings.
City Manager Ambrose stated that the $2.5 million could be used in Phase I for relocation
of the house but could not then be used for Phase II.
Vm. Hildenbrand stated the house was a big part of the City's history and it was important
to preserve it.
Cm. Oravetz asked if they were discussing the main ranch house. Could the $.1 million he .
and Vm. Hildenbrand previously found in the Affordable Housing budget be used for this
relocation.
City Manager Ambrose stated Staffs suggestion would be to wait until the historical
consultant finished their work to give the Council a good assessment of what was the
historical value of the buildings and then decide how many structures to actually relocate
Mayor Lockhart stated the value determined by the study could be different than the value
to the community as it was one of the City's founding family's homestead.
Parks and Community Director Lowart stated that the historical architect had visited the
site and was extremely excited about had been preserved and recognized the value to the
community, not just the value of the home.
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Mayor Lockhart asked if the were any organizations that might be interested in providing
a grant for the project.
Parks and Community Director Lowart stated that there were so few organizations like
that and so many projects that it was unlikely, but Staffwould continue to look.
Cm. Oravetz asked if the Councilmembers could take a field trip to the house.
Parks and Community Director Lowart stated that she had photos that she would forward
to the Council and also contact the family to see if she could arrange a visit by the Council
On motion of Cm. Oravetz, seconded by Vm. Hildenbrand by unanimous vote, the City
Council adopted
RESOLUTION NO. 153 - 07
APPROVING AN AGREEMENT WITH
ROYSTON HANAMOTO ALLEY & ABEY FOR LANDSCAPE
ARCHITECTURAL SERVICES RELATED TO DUBLIN HISTORIC
PARK MASTER PLAN ADDENDUM & PHASE I IMPROVEMENTS
.
NEW BUSINESS
Initiation of a General Plan Amendment Study for the
Schaefer Ranch Development Located at the Western Terminus of Dublin Boulevard
8:20 p.m. 8.1 (420-30)
Senior Planner Jeff Baker presented the Staff Report and advised that the City Council
would review the request to initiate a General Plan Amendment Study to change the land
use designation from Retail/Office and Estate Residential to Single-Family Residential for
that portion of the Schaefer Ranch development located south of Dublin Boulevard and
west of Schaefer Ranch Road to allow construction of single-family homes with a density
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range of 0.9-6.0 dwelling units per acre which was consistent with the Single-Family
Residential Land Use Designation.
Cm. Oravetz asked if there would be any area left that could have a convenience store or
gas station - commercial designation.
Senior Planner Jeff Baker pointed out a 1.15 acre parcel that was designated as
public/semi-public use and another small commercial parcel as part of the General Plan,
just below the freeway overpass.
Doug Chen, Project Manager, Discovery Builders, thanked the Council for considering
the application. He stated they wanted to introduce new product mix at this point.
Mayor Lockhart asked how large a home would be on those lots.
Mr. Chen stated the typical lot size would be in the range of 8,000 sq. ft. with a 3,000 sq.
ft. home.
Cm. Oravetz asked Mr. Chen if the developer was considering putting a convenience store
in the development.
Mr. Chen stated that at this time, they were not, but could look at different options.
The Council and Staff discussed the feasibility of having a convenience store in that area.
Would there be enough traffic and patronage to make a convenience store successful.
There were residents that did not want commercial in their neighborhoods. If the Council
was interested, then now was the time to have Staff look into the possibility of retail as
part of the development. The Council agreed the small parcel in the development should
be left commercial.
Richard Guarienti, Parks and Community Services Commissioner and Dublin resident,
stated he had previously commented on a walkable community and maybe the City could
save a portion of the commercial designation for a store within walking distance of those
homes.
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City Manager Ambrose clarified that the action before the Council tonight to initiate and
then approve a General Plan was totally within the discretion of the City Council. They
did not have to authorize General Plan amendments. It provided the Council with an
opportunity to discuss with the developer items they would like to see as a result of the
change and those could be memorialized in the Development Agreement and that General
Plan Amendment in the future, if the Council should act on it, would be contingent on the
Developer signing the Development Agreement. That opportunity did not happen often,
but it was an opportunity when somebody requested the Council change the General Plan
and Staff wanted to bring it to the Council's attention.
Mayor Lockhart stated it was a good opportunity.
City Manager Ambrose clarified that the Council would just be authorizing the study, not
actually approving the General Plan amendment.
On motion ofVm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City
Council adopted
RESOLUTION NO. 154 - 07
APPROVING THE REQUEST TO INITIATE
A GENERAL PLAN AMENDMENT STUDY
.
City of Dublin and the
Tri- Vallev Housine: Opportunity Center Master Ae:reement for Services
8:42 p.m. 8.2 (600-30)
Housing Specialist John Lucero presented the Staff Report and advised that the City
Council would consider approving a resolution adopting the Tri-Valley Housing
Opportunity Center Master Agreement for Services.
The Council commented that it made sense to help Below Market Rate (BMR)
homeowners with financial education. It was also a good idea to have the linking center
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so BMR homeowners could sell their BMR homes. It was a good idea that had not been
addressed by the Council.
On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City
Council adopted
RESOLUTION NO. 155 - 07
AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
THE TRI-V ALLEY HOUSING OPPORTUNITY CENTER
.
Imae:es of America - Dublin
8:52 p.m. 8.3 (910-60)
Heritage Center Director Elizabeth Isles presented the Staff Report and advised that the
City Council would receive a report on a new photographic history book on Dublin that
was produced by Arcadia Publishing. The book included over 200 vintage images with
captions which highlighted the earliest families that created a community that had thrived
for more than 150 years.
The Council commented positively on the book and the fact that it incorporated Dublin
history up to 1982.
The City Council received the report and thanked Ms. Isles.
.
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Report on Code Enforcement Survey
8:55 p.m. 8.4 (440-40)
Building Official Gregory Shreeve presented the Staff Report and advised that the City
Council would review results of a code enforcement survey that was conducted to
determine the level of building activity performed without appropriate permits and
provide direction to Staff on enhancing current code enforcement activities.
Vm. Hildenbrand asked if the City kept a list of licensed contractors that did not get
permits and in turn could provide that list to citizens.
Building Official Shreeve stated that when the City finds Contractors with multiple
violations, the City sends those cases to the State License Board.
Vm. Hildenbrand asked if the City could provide a list to citizens of those Contractors that
are repeat offenders.
City Attorney Elizabeth Silver stated that if the Council wanted her to look at that issue,
she could do further investigation as to whether the City could do provide citizens a list.
Gregory Shreeve stated that when citizens asked the City for Contractors, they directed
them to the appropriate State Board so the citizens could do their own research.
City Manager Ambrose stated the City did not make contractor referrals due to liability
Issues.
Cm. Oravetz asked if a citizen needed a permit to replace a residential water heater, even
In an emergency.
Senior Building Official Shreeve stated yes. It was the contractor's responsibility to get
the permit, but the homeowners' responsibility to make sure the contractor did get the
permit. It would be an emergency permit. The citizen then had 24 business hours to get a
regular permit.
Cm. Oravetz asked if someone could get a permit a few years after the fact.
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Senior Building Official Shreeve stated yes, you could get a permit after the fact, but the
citizen ran a risk of not meeting the building code in effect at the time of issuance of the
permit. If you got a late permit, you would have to pay fines except if the applicant had
bought a house, and the work was completed by the previous landowner within the last
two years.
The City Council discussed the fact that contractors should know or find. out what permits
were needed for particular projects.
Cm. Sbranti asked if there were scenarios where the Building Dept. required a project be
deconstructed.
Senior Building Official Shreeve stated that in is his 11 years with the City, he had not
known a case that required such measures.
The City Council and Staff discussed the alternatives presented and how they related to
discouraging contractors from repeated violations. A combination of multi-tiered penalty
program and education was a possibility. Many citizens did not realize they needed
permits for home projects. Clarification was made that three violations, in regard to a
multi-tiered penalty program, meant violations on three separate projects, not three
violations on one project. Staff was available to assist citizens with any questions they
had. It was more likely to be contractors that were the repeat offenders.
Amy Last, Dublin resident, stated she had a difficult. time getting through the permit
process. Her contractor stated the permit process was different in Dublin. She asked did
the permit process match the other cities in the area.
Senior Building Official Shreeve stated that the permit process was based on laws. He
met with the Building Officials of Pleasanton and Livermore and those two Cities did
have more Code Enforcement officers than Dublin. The inspection process of the three
Cities was pretty much the same.
Vm. Hildenbrand asked if some permits that were reviewed were sent out of the City for
review. Could that cause a longer wait period for return of permits.
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Senior Building Official Shreeve stated that some of the plans were sent out to Hayward
or Pleasanton and it might cause a longer wait than other cities.
Mayor Lockhart asked if the interpretation could be different and therefore more
subjective than objective.
Senior Building Official Shreeve stated that most of it was objective because it is black
and white. The City's inspectors were very good at their jobs and they knew the codes
and enforced the codes to at least the minimum standards.
Mr. Kevin Hart, Dublin resident, commented that he found the City's Building and
Planning Dept nothing but excellent.
Cm. Sbranti asked Staff if Alternative #2, increasing the level of contract code
enforcement, would lessen the time someone could get a permit, or would it be strictly
related to code enforcement.
Senior Building Official Shreeve stated that it would be strictly related to code
enforcement. It used to be 15 days to receive a permit no matter what the project. That
had now changed. The average wait was now 2 business days on the structural side.
Some permits could now be done over the counter.
On motion of Mayor Lockhart, seconded by Cm. Scholz and by unanimous vote, the City
Council directed Staff to 1) Increase the level of contract code enforcement activity; 2)
Introduce a multi-tiered penalty program; and 3) Introduce a public education program for
building permit requirements and benefits.
.
Annual Tree Lie:htine: Ceremony
9:34 p.m. 8.5 (910-60)
Recreation Coordinator Lorri Polon presented the Staff Report and advised that the City
Council would consider possible location options for the 2007 Holiday Tree lighting
Ceremony.
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Mayor Lockhart asked if the Council selected Option # 1, and decorated the redwood tree
at the Civic Center, facing Dublin Boulevard, would there still be a lobby tree.
Recreation Coordinator Polon commented that yes, there would still be a lobby tree, but it
would not be the one the City would be lighting the day of the ceremony. They would be
lighting the redwood tree outside.
Vm. Hildenbrand preferred Option #1 for this year, and moving the ceremony to the
Shannon Center once it was completed.
City Manager Ambrose asked if the Council wanted at tree at the new Shannon Center,
outside, where would they want it located for best viewing. Or would they want a cut
decorated tre~ inside the Center.
The Council discussed moving the tree ceremony to Shannon Center next year.
Vm. Hildenbrand stated she liked the ceremony at the Civic Center but the City had
outgrown the Civic Center.
On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the City
Council directed Staff to proceed with Option 1: The redwood tree fronting Dublin
Boulevard would be lit as the official holiday tree and a stage and tent would be set up in
front of the fountain for the City's Tree Lighting Ceremony.
...
RECESS
9:46 p.m.
Mayor Lockhart called for a brief recess.
Councilmembers present at 9:50 p.m.
The meeting reconvened with all
.
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Consideration of Superstore Ordinance
9:50 p.m. 8.6 (420-20)
Economic Development Director Chris Foss presented the Staff Report and advised that at
the May 1, 2007 City Council meeting, Councilmember Sbranti requested the City
Council consider a ban on superstores similar to the recently adopted prohibition in the
City of Livermore.
Cm. Oravetz asked if the City had been approached by any superstores with the possibility
of coming to the City. What would 25 hours of City Attorney time cost and how much
would 80 hours of Staff time cost?
Economic Development Director Foss replied that no superstore representatives had
approached the City. Twenty-five 25 hours of City Attorney time would cost $5,000 and
80 hours of Staff time would cost between $5,000-$6,000.
Cm. Scholz asked how large the IKEA store would have been if it had gone through.
Could this issue be decided on a case-by-case basis if it should arise and was there an
advantage to do it that way.
Economic Development Director Foss replied that IKEA would have been 265,000 sq.ft.
City Attorney Elizabeth Silver stated that it was not an issue that could be decided on a
case-by case basis.
Vm. Hildenbrand asked ifIKEA would have fallen into this ordinance.
Economic Development Director Foss replied that since there was not a definition of a
superstore set by the City, one could not say if it would have.
City Manager Ambrose stated he did not recall the square footage of IKEA. If it were a
grocery or food items that were not taxable, then it would have qualified. That was the
key in the Livermore ordinance, it was based on non-taxable items.
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The Council and Staff discussed that with the Livermore ordinance, it was 50/0 of any store
90,000 sq. ft. or larger, but it could be any size and any percentage set by the Council. For
example, the Dublin Target was about 115,000 sq. ft. and had approximately 7,000 to
7,500 sq. ft of non-taxable food.
Jami Moore, Dublin resident, stated she supported the restrictions on the superstores.
Dublin City officials were finally acknowledging that the City was reaching the saturation
point of discount retail stores and the traffic they generated.
Mark Wolfe, California Healthy Communities Network, stated he had worked very closely
with sponsors of several ordinances similar the Livermore ordinance. He made himself
available to answer questions since he was a familiar with the text of the ordinances and
how they operated, and their legality. The intent of these ordinances that had already been
passed was to prohibit superstores. There were three retailers in California that had these
types of stores. These were uses that were different from the traditional Target store that
was in Dublin. These stores were usually between 120,000 - 170,000 sq. ft. and devoted
a certain portion of their floor space to the sale of food items that were not taxed. That
was not what a supercenter was. A supercenter was a big box retail store that was
combined with a full sized, full-service supermarket. Studies had shown the negative
impact that this particular use had on communities. Primarily thwarting, impeding or pre-
empting investment in downtowns and in livable/walkable communities and investments,
and creating communities of distinction based on discreet neighborhood serving
commercial centers as opposed to very large region service commercial areas. The
ordinance that was passed in Livermore, which mayor not be the version that ends up
coming forward in Dublin, would not cover a traditional Target or Wal-Mart or traditional
IKEA. He supported the decision to go forward or at least explore the option of bringing
one or more versions of the ordinance back for more detailed discussion or review.
Cm. Oravetz asked Mr. Wolfe with IKEA being the biggest furniture store in the world,
why would you want an IKEA but not want a super Wal-Mart or Target. Would you not
say.you would not want either if you were trying to ban huge stores.
Mr. Wolfe stated there were different rationales for prohibiting or restricting different land
uses and if you did not want the large amount of traffic or the environmental impacts
associated having any large store, regardless of what it sold, then you could do what a city
in Sonoma County did, they said no stores over 45,000 in their City, period The reason
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they had attended the meeting was this particular land use had been the subject of so much
controversy.
Cm. Sbranti asked Mr. Wolfe what acreage was seen associated with a supercenter. Was
there an average in looking at acreage.
Mr. Wolfe stated that the ones that had come forward in California were anywhere from
12 and 20 acres.
Cm. Sbranti explained why he brought the item forward for discussion. Looking at the
City's Goals and Objectives, the superstores were the exact opposite of pedestrian-
friendly development. What were some of the alternate uses for that amount of acreage.
There were discount stores already in downtown. The loss of revenue between a
superstore and IKEA would be significant. There was also the impact on small business.
He suggested the Livermore ordinance as a model, not that the City would adopt that
exact text. He would like to be proactive in case a proposal for such a store did come
forward, there would already be an ordinance in place.
Mayor Lockhart asked if someone brought a superstore type of plan forward could the
City then take a look at it and decide. Or if someone had enough acreage and the City
allowed retail, would that project automatically move forward.
City Attorney Silver stated yes, if the property was zoned appropriately and there were no
restrictions on the size of buildings or developments then it was a type of project that the
City had discretion with respect to site development review issues, but not over the size of
the development. The time to determine what type of usage you wanted in your
community. was at the Land Use level and the Zoning level. Cm. Sbranti's proposal would
be to amend the Zoning Ordinance to specify that buildings over X sq. ft. were not
permitted and that was perfectly permitted for the City to do. The City could designate the
size of buildings and that was done in a traditional Zoning Ordinance.
Mayor Lockhart asked if there was presently acreage in the City that would qualify for
this supercenter site size.
Economic Development Director Foss stated yes there were.
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City Manager Ambrose clarified if the Mayor's earlier question was at the time that an
applicant came in to get their equivalent of a Stage 2 Zoning, did the City have an
opportunity to change the Zoning.
City Attorney Silver stated that to the extent that there were properties that had Stage 1
Zoning, whether or not the Council could place a limitation on the size of the building
would depend on the Stage 1 Zoning. However, if there were no vested rights attached to
the Stage 1 Zoning, the Council could always amend the Stage 1 Zoning The Council
could always change the zoning absent vested rights, which were for a period of time. In
terms of dealing with the issue when someone came in, the Council's hands were tied
more then because you had the existing zoning.
Vm. Hildenbrand stated she supported Cm. Sbranti's request to go forward and to look at
this issue in further detail. It was better to take a proactive approach. Her biggest concern
was the City's small businesses and the impacts a supercenter would have on them. The
City always supported the small businesses.
Mayor Lockhart stated she would not like to take Staff time away to study something that
might not happen. If the Council, by consensus felt this was not good for the community
then, why not wait until someone brought forward such plans.
Cm. Sbranti stated that if the Council was saying that the City was not interested in the
superstore type business, then why not move forward now.
Mayor Lockhart stated this was not a . logical progression. We had created a City of
villages and pedestrian walkable areas. Developers would know where the City stood on
these types of issues.
Cm. Oravetz stated he agreed with Mayor Lockhart. This was a solution without a
problem. If a business were to knock on our door, then there was a process they would go
through that was called the Planning Commission. He was not willing to spend $10,000-
$15,000 on a problem that the City did not have.
Cm. Scholz asked City Attorney Silver for clarification. If the Council made a decision
now, could they change their minds later.
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City Attorney Silver stated that there was zoning on the books, and the Zoning Ordinance
could be changed. This was a discussion about looking at changing the zoning for
commercial uses to put a limitation of prohibition on the size of certain types of uses. That
was within the Council's prerogative. It could be reversed later. However, there were
certain projects that had obtained vested rights to develop and the vested rights were
always for a period of time. During that time period, if the Council approved a
commercial project, the developer received the vested right to build that project for that
specified time. If during that specified time, the Council decided they did not want
commercial development on that property, the Council could change that zoning and zone
it residential, but for that particular period of time previously determined, the developer
has the vested right to still build commercial. If there was not a vested right for that
project, and the Council later changed the zoning for that property, then the developer did
not have the right to build that project.
City Manager Ambrose stated there were only three 20 acre sites in the City that were still
vacant that might accommodate a supercenter. The City might have to look at this on a
parcel-by-parcel basis to see what the applicability of this would be.
Community Development Direction Jeri Ram stated that there might be change over in 10
or 15 years in central Dublin with some of the larger retail sites. If someone were to come
into the City with a project and asked if it was consistent with the current planned
development, she would have to say yes if it was zoned commercial. If they wanted to do
something to the exterior, then they would have to go to the Planning Commission. But if
they were just going to move in and do interior modification they might be able to do that.
Cm. Oravetz reiterated there was no one knocking on the City's door. There was not
problem now. Why spend taxpayers' money now.
Cm. Sbranti stated it would be a bigger expense the minute someone brought something
in. The hours would be much greater.
Cm. Oravetz stated there was a difference of opinion. There was a process right now that
could stop this. If they were knocking on the City's door, they could adopt an emergency
ordinance. He did not see spending the taxpayers' dollars to do this now.
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Cm. Sbranti asked for clarification on if someone could ever move forward and say here is
my commercial project, and without having an ordinance like this that, the City not have a
say in it.
City Attorney Silver stated this was complicated because there were sites where such a use
could be allowed and there were potentially different existing land use approvals. If you
had a Stage 1 or 2 PD already approved, the City would have to see what uses were
permitted and were there any restrictions on the size of the building. If there were not, the
City's discretion was limited to the design, circulation, etc.
Community Development Director Ram stated that if something new came in, you would
have the discretion through the zoning process to deal with it through the PD. It was
when you came to the reuse of existing buildings. F or example, if you had a home
improvement store where the zoning was rather broad and a reuse came in and you were
looking at interior improvements and maybe a change in the sign, then the City would
have a more difficult time in not granting approval.
Mayor Lockhart asked the Council if it would be a compromise to have Planning
Department Staff look at what opportunities might be available for a supercenter site. It
was not that she wanted a supercenter in the City, she would not support it, but wanted to
know where the real possibilities lied.
Cm. Sbranti stated that was a compromise he could live with; it was a fair solution.
City Manager Ambrose asked for clarification from Council if they wanted Staff to look at
the parcels that had the potential for such a development. It would take time because PDs
were custom. They would have to go into each individual document and review its zoning
and if there was a development agreement, did it vested that zoning and look at what
latitude the City had. It was a good first step to see what was the City's exposure.
On motion of Mayor Lockhart, seconded by Cm. Sbranti and by unanimous vote, the City
Council directed Staff to look at the City's exposure to the issue of a superstore and come
back with a report so Council could then decide whether another step was needed.
......
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Dav on the Glen Street Closures
10:45 p.m.
8.7 (650-50)
Recreation Coordinator Lorri Pol on presented the Staff Report and advised that the City
Council would receive a report outlining the details associated with the Day on the Glen
Fireworks display and recommended street closures on Saturday, September 15,2007.
Mayor Lockhart asked if there would be shuttles from the parking areas to the Park on
Sunday.
Recreation Coordinator Polon stated no, there would not be shuttles due to extra parking
spaces available on Sunday.
On motion of Vm. Hildenbrand, seconded by Cm. Sbranti and by unanimous vote, the
City Council adopted
RESOLlITION NO. 156 - 07
AUTHORIZING TEMPORARY STREET CLOSURES
FOR THE 2007 DAY ON THE GLEN FESTIVAL
..
Year End Report for the 2006-2007 Goals & Obiectives Proe:ram
10:51 p.m.
8.8 (100-80)
City Manager Richard Ambrose presented the Staff Report and advised that the City
Council would receive a Final Report on the completion of the Goals and Objectives for
Fiscal Year 2006-2007, and a report on other accomplishments by the City's Operating
Departments for Fiscal Year 2006-2007.
The Council commented on the large number of goals and objectives being worked on by
City Staff and the ability to show what the Council and Staff had completed.
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On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City
COl,J.ncil received the report and approved carrying over those objectives identified in the
Staff Report, which were identified as not completed by June 30, 2007.
.
OTHER BUSINESS Brief INFORMATION ONLYreports from Council and/or Staff, including
Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234)
10:55 p.m.
City Manager Ambrose announced the Dublin Leadership Academy, now called "Dublin
101" and invited citizens to participate. The deadline for signing up was August 31.
Cm. Scholz stated she would be attending the California League of Cities Annual
Conference the first week of September in Sacramento.
Cm. Oravetz stated he attended the LA VT A budget meeting and the discussion included
the Bus Rapid Transit. He asked Community Development Director Lowart if the City
could trim back vegetation by the sidewalk at the Dougherty Hills Dog Park since
someone had tripped recently.
Community Development Director Lowart stated City Staff would take a look at the grass
and trim as needed.
Cm. Sbranti stated he had attended the Tri- Valley Business Council's Summit, and the
25th Annual Chamber of Commerce Bar-b-que.
Vm. Hildenbrand stated she also attended the bar-b-que with Cm. Sbranti and Mayor
Lockhart.
Mayor Lockhart stated she had attended the Chamber bar-b-que. She had also spoken at
the Las Positas Convocation at Chabot College where their staffs came together before the
school year. She met with John Chen, CEO ofSybase. Mr. Chen spoke highly of Dublin.
Work was being finalized to establish the Sybase Foundation and they were interested in
supporting children and families. She wanted to say congratulations to Sybase and
Mr. Chen.
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.
ADJOURNMENT
10.1
There being no further business to come before the Council, the meeting was adjourned at
11 :00 p.m. in memory of our fallen troops.
Minutes prepared by Caroline P. Soto, Deputy City Clerk.
Mayor
ATTEST:
City Clerk
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