HomeMy WebLinkAboutItem 4.01 Draft CC 09-20-2005 Min
K) Of D{jJjn MINUTES OF THE cm COUNCIL
6JQ.~
r~I.~I~~~ OF THE cITY' OF DUBLIN
~\¡~"'~ _R.~6ULAR MEETIN~ - SEPTEMBER. 20. 2005
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 Government Code section 54956.9,
subdivision c (7 potential cases)
2. Public Employee Performance Evaluation pursuant to Government Code
Section 54957, Title: City Manager
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A regular meeting of the Dublin City Council was held on Tuesday, September 20, 2005,
in the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:] 4 p.m., by Mayor Lockhart.
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ROU. CALL
PRESENT: Council members Hildenbrand, McCormick, Oravetz and Zika,
and Mayor Lockhart.
ABSENT: None.
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PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
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CITY COIiNCfLMINllTES
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REPORT ON CLOSED SESSION ACTION
Mayor Lockhart advised that there was no action taken during Closed Session.
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INTRODUCTION OF NEWLY-APPOINTED CITY CLERK
7:15 p.m. 3.1 (640~60)
City Manager Richard Ambrose introduced Fawn Holman as Dublin's new City Clerk.
Ms. Holman has worked for the City since 1991, and served as Secretary to the City
Manager/Deputy City Clerk for four years prior to her appointment as City Clerk.
Ms. Holman thanked the City Manager for her appointment as City Clerk, and
commended retired City Clerk Kay Keck for her generous mentorship during her tenure
as Deputy City Clerk.
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PRESENTATION BY PUBLIC WORKS DEPARTMENT
ON CAPITAL IMPROVEMENT AND DEVELOPMENT PROJECTS
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7:17 p.m. 3.2 (330-40)
Public Works Director Melissa Morton provided an update on Capital Improvement and
Development Projects recently completed or currently in construction, and Capital and
Operational Improvements planning for the coming year.
Vm. Zika asked if Staff would check into the report that the high school students liked to
skate on the rubberized sidewalks in front of the high school because it was slippery
when wet. He was concerned about safety.
PUBLIC COMMENTS
7.25 p.m. 3.3
Mayor Lockhart advised those in the full audience to be seated, asked those who intended
to speak to fill out a speaker slip and contain their comments to three minutes. In
accordance with state law, no discussion on items not listed on the posted agenda could
occur.
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Chris Marcoux, Dublin resident, expressed concern about the recent police~involved
shooting of two men of Korean descent and stated that this was a Dublin issue, not just a
Korean-American issue. He was not here to criticize the police, but to demand a change
in Police policy related to dealing with an increasingly diverse community.
Joyce Chung, resident of Tri - Valley area, expressed concern about the recent police-
involved shooting. Tn her opinion, miscommunication and lack of Police training to deal
with the growing Asian community played a role in the situation. An independent
investigation needed to take place to make certain that this type of situation never
occurred again.
Sam Shin, representing the Bay Area Korean Americans Justice Coalition, expressed
concern about the deaths of the two men, how authorities treated the two widows, and
how the Dublin Police Services and Alameda County Sheriff's Department have handled
the situation thus far. The Coalition was calling for an independent, public investigation
so the officers involved would be held accountable. There also needed to be community
involvement in police training in cultural, linguistic, and mental health sensitivity to help
prevent future tragedies.
Sungho Suh, Dublin resident, stated that he could no longer live in a City where he could
not trust the police. More cultural and sensitivity training, especially regarding the Asian
peoples, needed to occur. A clear and fair investigation needed to occur.
John Song, Pleasant Hill resident, expressed concern about the officer-involved shootings
and stated that a full investigation needed to occur. Miscommunication and language
barrier seemed to have been involved.
Amy Lam, Dublin resident, stated that, as lifelong resident of Dublin, she has seen the
population become more diverse. An incident like this, regardless of the details,
concerned her and she hoped that the Police and the City would take an honest look at
what happened and take reasonable steps to keep this from happening again. There
seemed to be a trend in Asian-involved police shootings that needed to be addressed.
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CONSENT CALENDAR
7:40 p.m. Items 4.1 through 4.19
The following items were pulled for discussion: 4.11, 4.13 and 4.18.
On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council
took the following actions:
Approved (4.1) Minutes of Regular Meeting of August 16, 2005 and Special Meeting of
August 31,2005;
Approved (4.2 600-30) Change Order #1 to Fallon Sports Park Design Consultants
Services Agreement with Carducci Associates in the amount of $2,500;
Approved (4.3 600-30) Change Order #1 to Fallon Sports Park Geotechnical Testing
Consultant Services Agreement with Kleinfelder Associates in the amount of $5,000;
Authorized (4.4 350-40) use of Envirocycles, Inc., for electronic recycling services;
Approved (4.5 600-30) Change Order #2 to Dublin Senior Center Construction
Management Consultant Services Agreement with Zahn Group in the amount of
$17,787;
Authorized (4.6 600-35) solicitation of bids for Contract No. 05-13, Civic Center Fuel
Tank Removal;
Authorized (4.7 600-35) solicitation of bids for Contract No. 05-12, Civic Center Trellis
Painting;
Authorized (4.8 600-35) solicitation of bids for Contract No. 05-11, Dougherty
Assessment District Fence Painting;
ClT'II' COUNCIL MINUTES
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Adopted (4.9 600~60)
RESOLUTION NO.1 77- 05
APPROVING THE FINAL MAP AND IMPROVEMENT AGREI:MENT ASSOCIATED WITII
TRACT 7539, PIIASE II -- SILVERA RANCH (pFEIFFI:R RANCH INVESTORS II, INC.)
and
RESOLUTION NO. 178 - 05
ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEE fOR TRACT 7539
Adopted (4.10 600-60)
RESOLUTION NO.1 79 - 05
APPROVING FINAL MAP AND
TRACT IMPROVEMENT AGREEMENT FOR TRACT 7437
Adopted (4.12 600-30)
RESOLUTION NO. 180-- 05
APPROVING AGREEMENT WITH THE ZAJ-IN GROUP, INC.,
FOR FIRE STATION 16 REPAIR f'ROjECT
Received (4.14 330~50) Preliminary Financial Reports for the Month of August 2005;
Adopted (4.15 600~35)
RESOLUTION NO. 181-- 05
ACCEPTING IMPROVEMENTS TO SHANNON PARK
CONTRACT NO. 04~ 13
and approved Budget Change in the amount of $20,000;
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Adopted (4.16 320-30)
RESOLUTION NO. ] 82 ...... 05
ADOPTINC A REVISED POLlCY FOR CI1ì' INVESTMENTS
Received (4.17 100-80) Fiscal Year 2005-2006 Goals & Objectives Status Report and
Capital Tmprovement Project (CIP) Schedule;
Approved (4.19 300-40) the Warrant Register in the amount of $6,951,169.97.
Item 4.11 (600-30) - Approval of Seventh Amendment to Agreement for Legal Services
City Attorney Elizabeth Silver advised that she had pulled this item because of an error in
the Staff Report under Financial Statement. The sentence, "There would be no change to
the rate for general legal services" was incorrect and should be stricken.
On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote,
the City Council approved the Seventh Amendment to the Agreement for Legal Services
and authorized the Mayor to execute the amended agreement.
Item 4.13 (600-60) - Approval of Improvement Agreement for Quarry Lane School Off~
Site Tassajara Road Improvements
Mayor Lockhart advised she had pulled this item to request that the Council consider
approving the agreement now, but to authorize the City Manager to execute it on
Monday, September 26th in order to allow Dr. Arac time to have the agreement reviewed
by his legal counseL Although Dr. Arac had previously signed the agreement, he
neglected to have his legal counsel review it and was now requesting that opportunity.
City Manager Richard Ambrose advised that the building permit for the Quarry Lane
project had been issued predicated upon Dr. Arac's signature on the improvement
agreement and receiving bonds from him. Those bonds were not really effective until the
Council approved the agreement. If the agreement was not approved by September 26th,
the building permit would need to be suspended and work stopped on the site. Staff
recommended that the Council consider modifying the resolution to allow the City
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Manager to execute the agreement on or before Monday, September 26th with any minor
changes to the agreement that were approved by the City Attorney and the City Manager.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote the
Council approved
RESOLUTION NO. 183-05
APPROVING THE IMPROVEMENT AGREEMENT
FOR QUARRY LANE SCHOOL OFF-SITE TASSAJARA ROAD IMPROVEMENTS
including any minor modifications approved by the City Attorney and City Manager; and
authorized the City Manager to execute the Improvement Agreement on or before
September 26, 2005.
Item 4.18 (41 0~55) ~ Update on West Dublin BART Station Project
City Manager Ambrose advised this item had been pulled in order to provide the Council
with some back.ground information prior to Council consideration of a subsequent
agenda item regarding a proposed change to the Dublin Transit Center Master
Development Agreement.
Economic Development Director Christopher Foss presented the Staff Report and
reviewed various components regarding the West Dublin BART Station project, including
the Memorandum of Understanding between the City of Dublin and the Bay Area Rapid
Transit District, project design and project funding.
The Council agreed that the West Dublin BART Station would help relieve traffic
congestion on the freeways and be a welcome addition to the downtown area. The
project would also generate tax revenues for the Dublin that would exceed the City's
contribution to the project.
On motion of Cm. McCormick, seconded by Vm. Zika and by unanimo1,ls vote, the
Council approved the report.
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CIT"I' rm::\I(]t, .MiNUTES
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PUBLIC HEARING
CITY OF DUBLIN WNfNG MAP AMENDMENT. PA 02-069
7:52 p.m. 6.1 (450-20)
Mayor Lockhart opened the public hearing.
Planning Manager Jeri Ram presented the Staff Report and advised that the City Council
would consider an amendment to update the Zoning Map. There were four categories of
Map modifications being proposed with the aim to: 1) Provide consistency with General
Plan Land Use Map; 2) Correct mapping errors; 3) Provide consistency with the 1997
Zoning Ordinance Amendments; and 4) Properly reflect recently~approved rezonings.
Vm. Zika expressed concern about Hexcel's property taxes going up if they were being
rezoned from Agriculture to Light Industrial, and asked if parcels were taxed based on its
use or on its zoning.
City Attorney Silver advised that property owners paid taxes on the land and building
improvements. Tf someone owned the land prior to Prop 13 and 1978, the land
assessment would be very low. Tf the property was purchased after that, the property tax
is 1 % of the assessed value, which would be the purchase price and what it cost to
construct the building.
Vm. Zika stated that he would like Staff to check just to be sure.
No testimony was entered by any member of the public relative to this issue.
Mayor Lockhart closed the pu blic hearing.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the
Council waived the reading; and introduced an Ordinance amending the Zoning Map to
reflect Zoning Ordinance updates and minor map modifications.
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PUBLIC HEARING
DUBLIN RANCH AREA H STAGE 2 DEVELOPMENT PLAN AND SITE DEVELOPMENT
REVIEW FOR WATER QUALITY CONTROL DETENTION BASIN. PA 05-005
8:03 p.m. 6.2 (410-30)
Mayor Lockhart opened the public hearing.
Planning Consultant Mike Porto presented the Staff Report and advised that the City
Council would consider the proposed development of an 11.13~acre area with a Water
Quality Pond, open space and landscaping to comply with the requirements of the
Regional Water Quality Control Board for storm water treatment for Dublin Ranch. This
project included a Stage 2 Planned Development Plan and a Site Development Review.
Area H is generally located south of the proposed extensions of Brannigan and Keegan
Streets, and the Water Quality Control Basin site is located in the southerly central
portion of Area H which abuts T-580.
Chris Guillarde, CMG Landscape Architecture and representing the Applicant, made a
presentation which reviewed the project description and described how the water basin
would work. The movement of the water would reduce odor and keep mosquito larvae
production at a low level. The overall planting plan would provide views into the basin
and provide shade. The Applicant was committed to working with the City's Public Art
Coordinator to provide acceptable public art.
The Council and Consultant engaged in a question and answer session regarding how the
water basin worked through irrigation runoff and other sources. There would not be
public access to the pond; however, there would be a trail system around the water basin
that would be fenced with signage to keep people out of pond. The pump system would
be located in a sub grade vault and be well-buffered to keep noise at a low level. The
plant palate had been approved by resource agencies and commented on by City Staff.
The building of this pond would go through next summer.
Marty lnderbitzen, representing the Lin Family, advised that the trail would be offered as
an amenity, but they were not looking for any park credits.
Mayor Lockhart closed the public hearing.
Cm. McCormick expressed appreciation for this unique and creative project.
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On motion of Cm. McCormick, seconded by Vm. Zika and by unanimous vote, the
Council waived the reading; and introduced an Ordinance approving a Stage 2
Development Plan; and adopted
RESOLUTION NO. 184-- 05
APPROVING A SITE DEVELOPMENT REVIEW APPLlCATTON fOR A STORM WATER
QUALITY CONTROL BASIN ON A PORTION or THE PLANNED DEVELOPMENT DISTRICT
KNOWN AS DUBLIN RANCH AREA H LOCATED WITHIN THE EASTERN DUBLIN
SPECIFIC PLAN AREA NORTH OF INTERSTATE HIGHWAY 580 AND SOUTlI OF THE
PROPOSED EXTENSION OF DUBLIN BOULEVARD, PA 05-005
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RECESS
8:30 p.m.
Mayor Lockhart called for a short break. The meeting reconvened at 8:38 p.m. with all
Councilmembers present.
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PUBLIC HEARING
SORRENTO AT DUBLIN RANCH AREA F STAGE 1 PLANNED DEVELOPMENT
WNING AND STAGE 2 PLANNED DEVELOPMENT ZONING. PA 04-042
8:38 p.m. 6.3 (450-30)
Mayor Lockhart opened the public hearing.
Planning Consultant Mike Porto presented the Staff Report and advised that the
Applicant, Toll Brothers, Tnc., as authorized agent for the Lin Family represented by James
Tong, was requesting an amendment to PA 01-037 Stage 1 Planned Development Zoning
and Stage 2 Planned Development Zoning. The Applicant proposed 1,111 units of
medium density residential on 105 acres, 10 individual residential neighborhoods, a 2-
acre site for a neighborhood square, a 5-acre site for a neighborhood park, a 10-acre site
for an elementary school, and 2 private recreation centers. A Stage 1 Planned
Development and Stage 2 Planned Development were being proposed to establish
development standards. Area F is located within the Eastern Dublin Specific Plan Area
and is generally bounded by the proposed extension of Gleason Drive on the north,
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Central Parkway on the south, the proposed extension of Brannigan Street on the west
and the proposed extension of Lockhart Street on the east.
Vm. Zika stated that it was important to make certain that the Homeowners Associations'
CC&Rs were rock solid because he had heard of situations where neighborhoods with
majority votes were able to dissolve its Homeowners Association.
Cm. McCormick asked if there had been discussion about public art.
Mr. Porto advised that public art was generally discussed through the process; however,
there was one focal feature, at the end of the entrance street to the recreation center,
where art was really appropriate.
John Paynter, Toll Brothers, stated that this was an incredible project and quite unique to
the area, and commended Staff for an excellent job. There was one Master CC&R's for
both areas so, ultimately, all of the homeowners would be responsible if one association
did not provide for the needs of that area.
Cm. McCormick asked about green building.
Mr. Porto advised that the project was conditioned to use as many green building
alternatives as possible.
Mayor Lockhart closed the public hearing.
The Council discussed the neighborhoods and bridge and agreed that the project was
very creative and would be a wonderful addition to the in Dublin.
Cm. Hildenbrand advised that she supported the project; however, Was concerned that
"medium density" seemed to be equated as multi-family. She would like to see projects
in the future that would provide more opportunity for smaller detached single-family
homes with little yards.
On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council
waived the reading and introduced an Ordinance adopting an amendment to Stage 1
Planned Development Zoning and Stage 2 Planned Development Zoning for Sorrento at
Dublin Ranch Area F East and Area F West.
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PUBLIC HEARING
AU1HORIZATION FOR CITY OF DUBLIN TO
JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM
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9:15 p.m. 6.4 (390-20)
Mayor Lockhart opened the public hearing.
Economic Development Director Christopher Foss presented the Staff Report and advised
that the City Council would consider joining the Statewide Community Tnfrastructure
Program (SCTP) to enable property owners to finance certain development impact fees for
public capital improvements imposed on new development. The proposed resolution
would authorize the City to join the SCIP, authorize the California Statewide
Communities Development Authority to accept applications from property owners for
non~residential developments, and conduct special assessment proceedings and levy
assessments within the territory of the City of Dublin.
No testimony was entered by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the
Council adopted
RESOLUTION NO. 185 - 05
AUTIIORlZING HIE CITY TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE
PROGRAM AND AUTHORIZING THE CALIFORNIA STATEWIDE COJ\.;L,\1UNITlES
DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROT'ERTY OWNER';
FOR NON-RESIDENTIAL DEVELOPMENTS, CONDUCT SPECIAL ASSESSMENT
PROCEEDINGS AND LEVY ASSESSMENTS WITHIN THE TERRITORY OF THE CTW OF
DUBLIN AND AUTHORIZING RELATED ACTIONS
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PUBLIC HEARING
DUBLIN TRANSIT CENTER
AMENDMENT TO MASTER DEVELOPMENT AGREEMENT. PA 00-013
9:20 p.m. 6.5 (600~60)
Mayor Lockhart opened the public hearing.
Planning Manager Jeri Ram presented the Staff Report and advised that the City Council
would consider an amendment to the Master Development Agreement for the Transit
Center between the City of Dublin and Alameda County Surplus Property Authority. The
proposed amendment of the Development Agreement would set forth the affordable
housing obligations of the project in the event that 300 additional residential units were
constructed within the Transit Center. The Dublin Transit Center project area is located
generally within the area of the Iron Horse Trail to the west, Dublin Boulevard to the
north, Arnold Road to the east, and 1-580 to the south.
Pat Cashman, Alameda County Surplus Property Authority, advised that the Alameda
County Board of Supervisors had approved an amendment to their agreement with BART
where they agreed to participate in the West Dublin BART Station funding under the
same terms as the City. As a clarification, the County was still building 13.9% under the
regular inclusionary requirements.
Mayor Lockhart closed the public hearing.
On motion of Cm. Hildenbrand, seconded by Cm. McCormick and by unanimous vote,
the Council waived the reading and introduced an Ordinance approving Amendment to
the Dublin Transit Center Master Development Agreement
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PUBLIC HEARING
EXTENDING AN URGENCY ORDINANCE PLACING A TEMPORARY MORATORIUM ON
THE ESTABLISHMENT AND OPERATION or MEDICAL MARIJUANA DISPENSARIES
9:29 p.m. 6.6 (560-60)
Mayor Lockhart opened the public hearing.
City Attorney Elizabeth Silver presented the Staff Report and advised that at its August 16,
2005 meeting, the City Council adopted a 45~day moratorium on medical marijuana
CITY COUNC'lL MINVTES
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dispensaries within the City expires on September 30, Z005. The Council may extend
the moratorium for up to a ten month and fifteen day period by a 4/5 vote; however,
Government Code section 65858(d) requires that the City Council issue a written report
of the measures taken to alleviate the conditions that led to the adoption of the
moratorium at least 10 days prior to the expiration of the urgency ordinance. The City
Council directed Staff during this interim 45-day period to hold internal meetings and to
undertake fact-gathering from Alameda County cities and neighboring jurisdictions
relative to possible options available to regulate medical marijuana dispensaries and this
process is underway. Staff and the City Attorney are working on a comprehensive report
to the Council that will provide information regarding the actions taken by Alameda
County cities and the cities of San Ramon and Danville, as well as the County of Alameda;
will provide information regarding issues associated with medical marijuana
dispensaries; will provide information regarding the uses of marijuana for medical
purposes; will provide information regarding the law affecting medical marijuana in
California; and will describe the options available to the Council. The staff proposes to
present this report to the Council at a Council meeting which will be advertised in the
community in order to obtain community input at the meeting on -the issue of medical
marijuana dispensaries. After the Council has received community input, Staff will ask
the Council for direction regarding possible regulation of medical marijuana
dispensaries, with options spelled out for the Council. Those options were anticipated to
include regulating the location of such dispensaries through zoning code amendments
and requiring a regulatory permit; doinz nothing; or banning such dispensaries. .
Cm. McCormick asked if the Council wou ld get the report before the 10 month extension
ended.
City Manager Ambrose advised yes.
Cm. McCormick asked, on behalf of a constituent, why governmental agencies do not
dispense medical marijuana as a controlled substance to keep more control.
City Attorney Silver advised that Staff would include those types of questions and answers
in the report.
Mayor Lockhart asked that Councilmembers be allowed to transmit questions to be
answered in the report to the City Manager.
City Manager Ambrose agreed.
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Cm. Oravetz stated that he would like to see a more fair and balanced report be issued,
which included the benefits of having a medica] marijuana dispensary in the community.
The Council concurred.
No testimony was entered by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
On motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 22 - 05
AN URGENCY ORDINANCE MAKING fINDINGS AND
EXTENDING A MORATORIUM. ON THY: ESTABLISHMENT AND OPERATION or
MEDICAL MARIJUANA DISPENSARIES TO BECOME EfFECTIVE IMMEDIATELY
and, on motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the
Council approved the report required by Government Code 65858(d).
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PRESENTATION OF THE FINAL REPORT FOR THE RECREATIONAL
AND CIVIC FACILITIES ASSESSMENT FOR THE CAMP PARKS PROTECT AREA
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9:38 p.m. 7.1 (420-20)
Parks & Community Services Director Diane Lowart presented the Staff Report and
advised that at its meetings of February 15 and March 15, 2005, the City Council
discussed possible future park and public facilities in the Camp Parks Project Area (187
acres of property that the Army is considering transitioning over to private development).
The Council would hear a presentation and participate in discussion of alternative
concepts for a future public facility to be included in the 187 -acre Camp Parks Project
Area.
Susan Goltsman, Consultant Moore Tacofano Goltsman (MIG), outlined the concept for
the Camp Parks project. M]G's report examined the concept of "placemakil1g" and
formulated a strategy for the City to consider when examining the Camp Parks property.
The concept of "placemaking' was developed as the practice of creating human ~scale
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places that respond to community needs and increase community connection. A theme
was important to create a vibrant public space, and possible themes would be arts and
culture, food and games based on MIG's research. The suggested themes were meant as a
menu of options.
Mayor Lockhart suggested that public comment be heard at this meeting, but before
making a decision, she would like input from the Parks & Community Services and
Heritage & Cultural Arts Commissions.
The Council concurred and asked that each Commission rank their preferences of the
themes. Combinations of themes could be considered, as well.
Ms. Lowart recommended that the Senior Center Advisory and Youth Advisory
Committees review and comment on the plan, as well.
The Council concurred.
No public comment was received relative to this issue.
City Manager Ambrose advised that the Army had advised that the final Master Plan and
Developer selection was planned to occur in March or April 2006. One of the important
aspects of the Council's ultimate decision would be to tell the Army what the Council
would like to see in that development or how much acreage the Council would like set
aside for public uses.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the
Council continued the item to a future Council meeting in order to allow the various
Commissions and Committee the opportunity to review and comment.
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PROPOSED nRST TIME HOMEBUYER LOAN PROGRAM
9:58 p.m. 7.2 (430-60)
Housing Specialist Julia Abdala presented the Staff Report and advised that the City
Council had been interested in the development of a first time homebuyer program for
several years. The Housing Element adopted on June 3, 2003, contains a policy to
provide opportunities for first time homebuyers to purchase homes in Dublin. Staff was
en" ('Ot'NCU ,i\HN[I''!,:S
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requesting the Council to review and discuss various features that reflect policy
directions in the proposed First Time Homebuyer Loan Program.
Mayor Lockhart noted the complexity of the issues and recommended that the Council
study the program in a workshop setting open to the public with the Planning
Commission, so Council had a little more feedback from the residents.
The Council concurred and provided Staff with direction as to what to include in the
report, such as a grid of other model programs and some examples of how unit costs,
income levels and lending rates would impact the limits.
On motion of Mayor Lockhart, seconded by Cm. Oravetz and by unanimous vote, the
Council directed Staff to arrange for a Joint City Council/Planning Commission
workshop.
City Manager Ambrose suggested attaching the joint meeting to a regular Planning
Commission meeting.
The Council concurred and directed Staff to arrange the workshop 111 the Regional
Meeting Room.
...
GRANTING CONSENT TO THE CTTY OF PLEASANTON
TO FORM THE TRI~ VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT
10:11 p.m. 8.1 (470-50)
Economic Development Director Christopher Foss presented the Staff Report and advised
that, in order to streamline the process of forming a Tri-Valley Tourism Business
Tmprovement District (TVTBTD) for the four Tri-Valley cities, the City Council will
consider granting Dublin's consent to the City of Pleasanton to form the Tri-Valley
Tourism Business Tmprovement District. Once consent has been given by Dublin,
Livermore and San Ramon, the City of Pleasanton would be responsible for all noticing
and meeting requirements for the formation of the Business Tmprovement District. The
creation of the TVTBTD would also allow the City of Dublin to re-allocate the funds
annually provided to the Tri-Valley Convention and Visitors Bureau to other civic
functions and activities.
ern' COliNe]L MINUTES
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Cm. Oravetz asked who would monitor the taxpayers dollars put into the proposed
District.
Mr. Foss advised that there would be no government funding; the money would come
through an assessment on private businesses.
John Lambeth, Downtown Resources, explained how the Improvement District would
function, including oversight and annual review and reporting mechanisms.
Vm. Zika expressed concern about Dublin hotels not having enough votes to opt out or
dissolve the District if it was not working out for them. He asked for a 5-year sunset
provision to be included.
Mr. Lambeth clarified that the District was already structured to automatically sunset at
5 years, and the only way to continue it would be to go through this process again to
extend it from 0 ~ 10 years. At that time, Dublin could also decide to opt out.
City Attorney Silver advised that, under State law, a collaboration like this must terminate
in 5 years. In order to create a new one, the Council would have to take action.
Cm. McCormick asked if any of the hotels had raised concerns.
Amy Blaschka, Executive Director of the Tri-Valley Convention & Visitors Bureau,
advised that no hotels have outright opposed the plan. Most of those that she had talked
to are leaning toward supporting the plan.
Vm. Zika stated that the Cities have the ultimate fiduciary responsibility for the $1 per
night that the tourists would have to pay.
City Manager Ambrose advised that the fiduciary responsibility would be on the hotels,
as the District members.
The Council discussed the pros and cons of the proposed plan. If a majority of hotels
signed the petition, it would be mandatory for all to join.
Ms. Blaschka advised that the opportunity would be there for the four Cities to remain
members of the Tri-ValIey Convention and Visitors Bureau and perhaps sit on the Board
as voting members.
CITY COt!:--J(:IL !VU'\il'IES
VOLUME 24
REGULAR MEETING
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On motion of Mayor Lockhart, seconded by Cm. McCormick and by majority vote
(Cm. Oravetz opposed), the Council the Council adopted
RESOLUTION NO. 186 - 05
GRANTING CONSENT TO THE CI1ì' OF PLEASANTON TO FORM THE TRI-VALLEY
TOURISM BUSINESS IMf'ROVEMENT DISTRICT (TVTBID)
..
AMENDMENT TO RESOLUTION NO. 22-98 EXTENDING USE
or A "PERMIT PARKING" AREA TO THE CUL~DE~SAC END OF
SCARLETI COURT TO INCLUDE TAXI CABS FOR THE RlDENOWPILOT PROJECT
.
10:31 p.m. 8.2 (570-20)
Public Works Director Melissa Morton presented the Staff Report and advised that the
City Council would consider allowing the Alameda County Congestion Management
Agency (CMA) to use the cul-de-sac end of Scarlett Court as a taxi pick-up area as part
of the Guaranteed Ride Home Program for participants of the CMA-sponsored lVdeNow
Pilot Project. This project is intended to encourage use of BART for commute purposes by
matching drivers and riders electronically to carpool to and from the East Dublin/
Pleasanton BART Station. The guaranteed taxi ride home service will insure that
RideNow participants will be able to get home if they miss their rides by using free taxi
cab service.
Beth Walukas, Congestion Management Agency Consultant, outlined the proposed
RideNow program. The goal was to reduce traffic congestion and encourage ridership on
BART. The Scarlett Court cul-de-sac was the only pcssible location for taxi pick-up. If
the cul~de~sac was utilized, a street light in the cul-de-sac was needed, and the CMA had
agreed to help fund it.
Ms. Morton advised that the Council would consider amendments to Resolution No. 22~
98 to incorporate a parking area for taxi pick-up. The taxis would only come if someone
needed a ride and was matched through the Program. Staff also recommended a new
street light for safety purpcses, estimated at $5,000 - $7,500. If the program did not
work out, the street light would still be a good addition for City Corp Yard illumination.
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The Council and Consultant engaged in a question and answer session regarding the
program. Safety was a concern, and the CMA hoped the registration process would help
with that issue.
On motion of Vm. Zika, seconded by Cm. McCormick and by unanimous vote, the
Council adopted
RESOLUTION NO. 187- 05
AMENDING RESOLUTION NO. 22-98 EXTENDING lJSE or A
PI:RMTT PARKING ARI:A AT THE CUL-DE-SAC END OF SCARLETI' COURT TO INCLUDE
TAXI CABS FOR THE RIDEIVOWPILOT PROJECT
and approved a Budget Change in the total amount of $7,500 to the Traffic Signal and
Street Lighting Operating Budget for Fiscal Year 2005~2006.
..
APPROVAL OF SECOND AMENDMENT TO SUBUCENSE AGREEMENT
BETWEEN CITY OF DUBLIN AND EAST BAY REGIONAL PARK DISTRICT
CONCERNING MAINTENANCE AND OPERATION OF mE IRON HORSE TRAIL
AND ALAMO CANAL TRAIL TO ADD mE TASSAJARA CREEK REGIONAL TRAIL
10:42 p.m. 8.3 (600-40)
City Engineer Mark Lander presented the Staff Report and advised that the City entered
into a Sublicense Agreement with the East Bay Regional Park District in 1995 assigning
the City's responsibility for maintenance and operation of the Iron Horse Trail and Alamo
Canal Trail, located on Zone 7 property and governed by a License Agreement between
the City and Zone 7, to the Park District. The City entered into a Replacement License
Agreement with Zone 7 in February 2005 that added the Tassajara Creek Regional Trail
to the license. The Second Amendment to the Sublicense Agreement would assign
maintenance and operation of the Tassajara Creek Trail to the Park District.
On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the
Council adopted
RESOLUTION NO. 188 - 05
APPROVING SECOND AMENDMENT TO SLJBLlCENSE AGREEMENT
FOR ALAMO CANAL (LINE 7F), SOUTH SAN RAMON CREEK (LINE 7J),
LINE 7JG, AND TASSAARA CREEK REGIONAL TRAIL
. , .
BETWEEN CITY OF DUBLIN AND EAST BAY REGIONAL PARK DISTRICT
(ITY eOIIN('IL :VU;\'lTLS
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RESOLUTION WELCOMING THE
VALLEY CHILDREN'S MUSEUM TO THE TRI~VALLEY REGION
10:45 p.m. 8.4 (950-60)
City Manager Richard Ambrose presented the Staff Report and advised that at its May 26,
2005 meeting, the Tri~Valley City Council (comprised of the City Councils of the Cities of
Dublin, Livermore, Pleasanton and San Ramon, and the Town of Danville) received a
presentation by Valley Children's Museum representatives relative to their desire to build
and operate a Children's Museum in the Tri.Valley. At that meeting, the Tri-Valley City
Councils agreed that each City would consider, at a City Council meeting of their
respective cities, adopting a resolution of support welcoming Valley Children's Museum
to the Tri~Valley region.
Mayor Lockhart stated that the Valley Children's Museum would be a welcome addition
to the community.
On motion of Mayor Lockhart, seconded by Cm. McCormick and by unanimous vote, the
Council adopted
RESOLUTION NO. 189- 05
WELCOMING THE VALLEY CI-IILDRI;N'S MUSEUM TO THE TRI-VALLEY REGION
..
CONSIDERATION OF A COMMEMORATIVE
INSCRIPTION IN MEMORY OF FORMER VICE MAYOR DAVE BURTON
10:46 p.m. 8.5 (610-50)
City Manager Richard Ambrose presented the Staff Report and advised Mayor Lockhart is
requesting that the City Council consider commissioning a commemorative inscription in
memory of former Vice Mayor Dave Burton. The inscription, which would cost $100,
would be engraved on a concrete bench leading up to the Public Safety Memorial located
in the courtyard of the Civic Center.
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V.. '~\',{\".I'Ldubli 11.l..'a.u~"
On motion of Vm. Zika, seconded by Cm. Oravetz and by unanimous vote, the Council
approved the request to commission a commemorative inscription in memory of former
vice Mayor Dave Burton.
..
DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE
2005 LEAGUE OF CALIFORNIA CITIES CONFERENCE AND THE PROPOSED
VOLUNTARY STATEWIDE RESIDENTIAL GREEN BUILDING GUIDELINES RESOLUTION
THAT WILL BE PRESENTED AT THE LEAGUE OF CALIFORNIA CITIES CONFERENCE
10:47 p.m. 8.6 (610-40/660-40)
Assistant City Manager Joni Pattillo presented the Staff Report and advised that it had
become necessary for the Mayor to re-appoint a new Voting Delegate and Alternate to
the League of California Cities before the annual conference in October 2005. Tn
addition, there was a request from Councilmember McCormick that the Council consider
sending a letter to the League of California Cities stating the City of Dublin's support of
the proposed Voluntary Statewide Residential Green Building Guidelines.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the
Council: 1) Confirmed the appointment of Mayor Lockhart as Voting Delegate and
Councilmember McCormick as Alternate for the League of California Cities 2005 Annual
Conference, and directed Staff to notify the League of the appointments; and
2) Authorized the Mayor to send a letter of support on behalf of the Dublin City Council
that would indicate the City of Dublin support on the Proposed Resolution Relating to
Voluntary Statewide Residential Green Building Guidelines that will be presented at the
2005 League of California Cities Annual Conference.
+-
flNANCIAL ASSISTANCE FOR THE HURRICANE KATRINA RELIEF EFFORTS
10:51 p.m. 8.7 (150-10/110-30)
Assistant City Manager Joni Pattillo presented the Staff Report and advised that Mayor
Lockhart had requested that $20,000 in financial assistance be sent to the American Red
Cross to aid the Hurricane Katrina Relief Efforts based on the criteria that it serves a
public purpose. In addition, Staff proposed outreach efforts within the Dublin
community, which included posting the information on the City Website with a direct
('Ill COUN(]L MI"inTS
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\¡: WH .ci.dublin.ti1.us
link to the American Red Cross; various media releases on the City's contribution on
behalf of the Dublin community to the Katrina Hurricane Relief Efforts, and a City phone
line for 30 days to help facilitate contributions to this disaster efforts.
Mayor Lockhart advised that, since her request to place this item on the agenda, other
programs and relief efforts had come to her attention and suggested that a subcommittee
be formed to investigate and study other programs. The subcommittee could then return
to Council with support recommendations. She suggested that the subcommittee include
the Assistant City Manager, Public Works Director, Cm. McCormick and herself.
Vm. Zika recommended that the $20,000 be appropriated now, and allow the
subcommittee to make a determination of how it is to be used so the donations would not
have to wait until after the next Council meeting.
The Council discussed the suggestion and concurred.
Assistant City Manager Pattillo asked Legal Counsel to make a determination as to
whether the Council could appoint a subcommittee, as the agenda did not state as such.
City Attorney Silver advised that the agenda description did not specifically refer to
forming a subcommittee; however, the description was broad enough to encompass
Council's direction.
Ms. Pattillo clarified that the Council was directing Staff to hold off on the outreach
efforts until the subcommittee had the opportunity to make its recommendations.
The Council concurred.
On motion of Cm. Oravetz, seconded by Vm. Zika and by unanimous vote, the Council
approved a $20,000 appropriation from the City's Contingent Reserve to aid with the
Hurricane Katrina Relief Efforts based on the criteria that it served a public purpose by
providing potential reciprocal benefits and to be utilized as designated by the
Subcommittee; and approved the proposed outreach efforts.
+-
eIT\' ('C)t:NC!L :\II'-iFfE:S
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SEPTEMBER 20, 2005
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w'Irw,fi.dubl¡n.('a.Uf¡
DESIGNATION OF
AGENCY LABOR NEGOTIATORS - UNREPRESENTED EMPLOYEE: CITY MANAGER
11:00 p.m. 8.8 (110-30/600-30)
City Manager Richard Ambrose presented that Staff Report and advised that this item
provided fór the designation of two members of the City Council as the City's
representatives to discuss conditions of employment, including salary and fringe benefits,
for the City Manager.
Mayor Lockhart suggested that Cm. Hildenbrand and Cm. McCormick serve on the
committee.
On motion of Mayor Lockhart, seconded by Vm. Zika and by unanimous vote, the
Council designated Cms. Hildenbrand and McCormick as City Representatives to
negotiate with the City Manager.
..
ornER BUSINESS
11:02 p.m. 9.1
City Manager Richard Ambrose reminded the Council that the Tri-Valley Council
meeting would be held on the evening of September 29, 2005. The Council was also
invited to attend a bus tour as a kick-off to the new Leadership Academy on Saturday,
October 8th at 9:00 a.m.
Cm. Oravetz advised that he attended the League East Bay Division meeting last week, as
well as an Alameda County Library Commission meeting.
Vm. Zika commended Assistant to the City Manager Julie Carter and Staff for
coordinating an excellent City Hall~on-the-Glen event, as well as the entire Day-on~the-
Glen FestivaL
The Council concurred.
Cm. McCormick advised that she had also attended the League Division meeting, which
was very informative. She commended Mayor Lockhart for representing Dublin so well
at the Tri-Valley Mayors' Summit today. She had also been elected to the ABAG
Hazardous Waste Management Committee.
('1'1"'1 (:()t;!\("IL !\TINlf"fES
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\\ l\'w.('.i.duh!.in.t.t.ulIi
Mayor Lockhart commended Staff for a wonderful Day~on-the-Glen event; she had
received a lot of positive feedback from the community. She confirmed that the
Councilmembers had received an invitation to the October 14th Tri-Valley Interfaith
Poverty Forum honoring Dublin Housing Specialist Julia Abdala, as well as surrounding
Housing Specialists, and asked if any were planning to attend with her.
vice Mayor Zika and Council member Hildenbrand advised that they would attend.
+-
CLOSED SESSTON
11:15 p.m.
The Council reconvened to Closed Session to discuss Items 2.
Following the Closed Session, Mayor Lockhart announced that no action was taken.
.....
ADJOURNMENT
.
11.1
There being no further business to come before the Council, the meeting was adjourned
at 11 :35 p.m.
Mayor Janet Lockhart
ATTEST:
Fawn Holman, City Clerk
~,~
..~
(Tr'l COt:NerL I\HNU'rES
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REGULAR MEETING
SEPTEMBER 20, 2005
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