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HomeMy WebLinkAboutItem 4.01 Draft CC 12-5-06 Min DRAFT MINUTES OF THE cITY COUNCIL OF THE cITY OF DUBLIN REGULAR MEETING - DECEMBER 5, 2006 CLOSED SESSION (held at end of meeting) L CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: 11759 Dublin Blvd (Dublin Square Shopping Center) City Negotiator: City Manager Negotiating parties: City of Dublin; Berkeley Land Company, Inc., a California Corporation Under negotiation: Price and terms of payment ~' A regular meeting of the Dublin City Council was held on Tuesday, December 5, 2006, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 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. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 368 (/ DRAFT REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that the Closed Session would be held at the end of the regular meeting. .. ORAL COMMUNICATIONS Oath of Office 7:01 p.m. 3.1 (640-60) City Clerk Fawn Holman administered the Oath of Office to newly elected Mayor Janet Lockhart and Councilmembers Tim Sbranti and Kate Ann Scholz. . Selection of Vice Mayor 7:04 p.m. 3.2 (610-20) Mayor Lockhart advised that it was the City Council's policy to select, at the first meeting of December of each year, a member of the City Council to serve as Vice Mayor for a period of one year. Mayor Lockhart thanked Cm. Oravetz for his excellent service as Vice Mayor for the past year, and recommended the appointment of Cm. Hildenbrand to serve as Vice Mayor for the next year, effective immediately. On motion of Mayor Lockhart, seconded by Cm. Sbranti and by unanimous vote, the Council appointed Cm. Hildenbrand to serve as Vice Mayor for a one-year term ending in December 2007. .. Appointments to Art Selection Committee for Shannon Community Center 7:06 p.m. 3.3 (110-30) DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 369 DRAFT Heritage & Cultural Arts Supervisor John Hartnett presented the Staff Report and advised that the City Council would consider the Mayor's selection of arts professionals and community members to serve on an Art Selection Committee for the Shannon Community Center. Mayor Lockhart recommended the appointment of Community Member Representatives Bernice Bywater and Audrey Hutchinson; Arts Professionals Jacquelyn Smith and Quin Beattie; Heritage & Cultural Arts Commission Representative Mary Beth Acuff; and Parks & Community Services Commission Representative Angela Muetterties. Mayor Lockhart stated that all seven applications were excellent, and she was impressed by the quality of those who wanted to serve the community. On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council confirmed the Mayor's appointments to the Art Selection Committee for the Shannon Community Center project. ~ Youth Advisory Planning Board Appointment to the Tri - Valley Adolescent Health Initiative 7:09 p.m. 3.4 (110-30) Assistant City Manager Joni Pattillo presented the, Staff Report and advised that, at its October 3,2006 meeting, the City Council confirmed the Mayor's four appointments to participate on the Youth Advisory Planning Board, which supported the goal of providing input to the Tri-Valley Adolescent Health Initiative Committee. The Cities of Dublin, Pleasanton and Livermore were each allocated five appointments, leaving one open position for Dublin. The City received an additional application from Gavin Liao, a Senior at Dublin High School, for the Mayor's appointment. The Council discussed Mr. Liao's qualifications as a fairly new resident to Dublin from China and agreed that he would bring a new perspective and diversity to the Committee. On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the Council confirmed the Mayor's appointment of Gavin Liao to the Youth Planning Board for the Tri - Valley Adolescent Health Initiative for the term of December 2006 through September 2007. -+ DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 370 DRAFT Public Comments 7:11 p.m. 3.5 No comments were made by any member of the public at this time. 'V CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.5 Mayor Lockhart pulled Item 4.1 for discussion. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the Council took the following actions: Adopted (4.2 600-30) RESOLUTION NO. 222 - 06 APPROVING AN AGREEMENT WITH DUBLIN FINE ARTS FOUNDATION AND BILL GOULD FOR BRAY COMMONS PARK ART IN THE PARK PROJECT Adopted (4.3 600-30) RESOLUTION NO. 223 - 06 AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT WITH PFM ASSET MANAGEMENT LLC FOR AN ASSESSMENT AND REVIEW OF THE CITY INVESTMENT PORTFOLIO AND PROCEDURES Received (4.4 330-50) Financial Reports for the Month of October 2006; Approved (4.5 300-40) the Warrant Register in the amount of $1,408,459.02. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 371 DRAFT Mayor Lockhart advised that she had pulled Item 4.1, Minutes of Regular Meeting of November 21, 2006, in order to allow the two new Councilmembers the opportunity to abstain from the vote. On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by majority vote (Cms. Sbranti and Scholz abstain), the Council approved the minutes of November 21, 2006. .. WRITTEN COMMUNICATIONS - None .. PUBLIC HEARINGS Public Hearing Approving the Formation of the Schaefer Ranch Geologic Hazard Abatement District (GHAD) and Appointing the City Council as the Board of Directors to the GHAD 7:13 p.m. 6.1 (360-60/110-30) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that, at the November 7, 2006, City Council Meeting, a public hearing was set for the Council to consider formation of the Schaefer Ranch GHAD. The hearing would allow formation of the GHAD and establish the City Council as the Board of Directors of the GHAD. Cm. Oravetz noted that the Staff Report indicated that the Board would be making "real time" decisions and asked if that meant that the Mayor would make those decisions. Ms. Morton advised that the Board would most likely appoint a GHAD Engineer to make the crucial "real time" decisions, which would be ratified by the Board after the fact. Staff recommended that the GHAD Engineer not be on City Staff, but a separate representative to the GHAD only. It would strengthen the separation of the GHAD and the City of Dublin, because they are two separate and distinct governmental entities. The Council and Staff discussed that anticipated operating budget for the GHAD. The consulting GHAD manager would see to the operations, maintenance of the GHAD, as well as have direct contact with the property owners. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING Decem ber 5, 2006 PAGE 372 DRAFT The Council and Staff discussed property owner participation in the consultant selection process and ultimately possible Board involvement. At the onset, there was only one property owner, which would likely be the developer. During the consultant selection process, a property owner representative could be on the selection panel. As the area developed and more property owners were paying into the GHAD, the Board might opt to include a Property Owner Representative to act in an advisory nature, but not as a voting member. The Board could also consider forming an Advisory Board to the GHAD, which could include lnembers or the Homeowners Association (HOA) or GHAD property owners. The particulars of the GHAD Board would be determined by the Board at a later date. The Council and Staff discussed the assessment and the reserve accumulation. The Assessment could begin immediately after the map was filed and reserve accumulation could be paid for by the developer who owned the parcels until they were developed over a period of time, or when the GHAD Board took over the abatement district, if it was believed that the reserve accumulation was still too low, the developer could be required to seed the fund. The City would not be required to contribute to the fund because it was a completely separate entity from the City of Dublin. Preliminary analysis estimated the annual assessment to property owners at approximately $1,000 per year, which would be paid through property taxes. The Council and Staff discussed the large amount of earth being moved in this development, which resulted in the Conditions of Approval requiring a GHAD. Other GHADs would be considered by the Council in the near future. The GHAD would be a type of insurance that would not be available in any other way in the case of a slide. Bill Schaub, Dublin resident, advised that he lived in Hansen Ranch/Warmington Homes Development, which had geologic challenges. The community's HOA managed the hillsides and maintained a reserve fund to pay for expenses. HOA dues were approximately $87/ month, which included landscaping, refurbishments and hillside maintenance. It did not come close to the $1,000 estimate provided for the GHAD. He asked if the Warmington development should be asking for a GHAD. The Council and Staff discussed whether other areas and homes could be annexed to the Schaefer Ranch GHAD. Contiguity was not required, so other homes could be annexed into an existing GHAD. The area to be annexed would be analyzed as to what its annualized risk would represent, and seed the reserve fund accordingly. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 373 DRAFT The Council and Staff discussed the potential of adding the Warmington community to the Schaefer Ranch GHAD in the future. Adding the assessment would require a 50% vote of the property owners, and required a petition to be signed by 10% of the property owners and submitted to the City. The Council discussed potential requests to be added or to form a GHAD, and agreed that, prior to receiving any petitions from residents, Staff should prepare a Staff Report to allow the Council to discuss the concept, as well as allow property owners to make an informed decision whether to pursue a GHAD. The Council concurred. Mayor Lockhart closed the public hearing. On motion of Cm. Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 224 - 06 APPROVING THE FORMATION OF THE SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT AND APPOINTING THE DUBLIN CITY COUNCIL AS THE BOARD OF DIRECTORS and directed Staff to bring back an Agenda item that studies the concept of annexing existing communities into an existing GHAD or forming a separate GHAD. .. UNFINISHED BUSINESS - None .. NEW BUSINESS 2007 St. Patrick's Day Poster Artwork 7:45 p.m. 8.1 (950-40) Recreation Coordinator Lorri Polon presented the Staff Report and advised that the City Council would consider a number of artwork options for the design of the 2007 St. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 374 DRAFT Patrick's Day poster. The Parks & Community Services Commission recommended Option C & D as its preferred artwork. The Council discussed the various options and agreed on Option #3, depicting the Irish Dancer, and directed Staff to include the caption noting the new festival location at the Civic Center. On motion of Cm. Scholz, seconded by Cm. Oravetz and by unanimous vote, the City Council selected Option #3 as the preferred artwork for the 2007 St. Patrick's Day Poster. .. Request for Proposal to Prepare a General Plan Community Design Element, Design Guidelines for Downtown Dublin, and a Downtown Dublin Specific Plan 7:54 p.m. 8.2 (600-30/110-30) Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would consider Staff's recommendation to combine the preparation for the General Plan Community Design Element and the Downtown Dublin Specific Plan (including design guidelines) into one Consultant Services Agreement and distribute a Request for Proposals (RFP) to solicit a qualified consultant to prepare these documents. The City Council would also consider selecting a City Councilmember to participate on a committee that will evaluate the proposals that were submitted in response to the RFP. The Council discussed the need to get the Guidelines in place so as new development, such as the West Dublin BART Station, is developed, the Developers would know what would be expected of them. Mayor Lockhart asked to be appointed to serve on the Committee. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council authorized Staff to distribute the RFP; selected Mayor Lockhart to participate on a Committee to evaluate the proposals submitted; and directed Staff to work with the Planning Commission to identify a member to participate on the Committee. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 375 DRAFT Status of AT&T Project Lightspeed and Summary of Digital Infrastructure and Video Competition Act of 2006 (AB 2987) 8:03 p.m. 8.3 (1010-40/660-40) Public Works Director Melissa Morton and Assistant City Attorney John Bakker presented the Staff Report and advised that the City Council would receive a report regarding AT&T's request to begin incorporating additional infrastructure needed to provide products that use the existing telephone network to provide cable television -like services, along with other broadband internet services. Included in the presentation was a discussion of AB 2987, and the associated limitations AB 2987 placed on local control of telephone related services. Staff was asking the Council to provide direction regarding: a) the issuance of encroachment permits and site work permits for Project Lightspeed facilities prior to AT&T's receipt of a state franchise; and b) the adequacy of Staff's proposed conditions and standards for such permits. The Council and Staff discussed the location of the utility boxes. AT&T could only put the boxes in the public right-of-way or places where they had the right to put them. There were only a few places in the City where they would not have to purchase an easement from the property owner. There were existing public utility easements that run along the public right-of-way locations. AT&T would work with Staff on each utility box location to make certain each box was placed in as aesthetically pleasing locations as possible. AT&T had provided Staff with easement documents, a map of all existing utility boxes in Dublin, and a listing of their location constraints. Shiyama Clunie, representing AT&T, thanked Staff for providing a very comprehensive and accurate description of their project and how the new legislation affected them. Technology was very important to this community, and competition in the television and technology arena would be welcomed. AT&T had reviewed the permit conditions and felt they could comply with them. AT&T also intended to defer to the City regarding aesthetics and placement of the boxes. Mayor Lockhart asked how AT&T decided where and when the services would be provided. Ms. Clunie outlined AT&T's service plan and advised that it did not have anything to do with the socioeconomics of a community, but was largely based on the condition of the existing sites in the community. AT&T intended to go into each service area with the plan to build out and get out as soon as possible and not in a piecemeal manner. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 376 DRAFT Cm. Sbranti asked about the timeframe for the State Franchise. Ms. Shiyama explained the franchise application process and advised that AT&T could get its State franchise as early as February 25th or as late as mid-May, depending on the when the State actually started accepting applications. Mterward, it would take 6-9 months for AT&T to get into construction work. Cm. Sbranti stated that this would be an excellent opportunity for Dublin residents. On motion of Cm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council directed Staff to issue encroachment permits and site work permits for Project Lightspeed facilities prior to AT&T's receipt of a state franchise; and approved Staff's proposed conditions and standards for such permits. . Approve Letter of Support for East Bay Regional Park District's Measure B Grant Application for the Alamo Canal Trail Under 1-580 Project 8:33 p.m. 8.4 (930-30) Public Works Director Melissa Morton presented the Staff Report and advised that the East Bay Regional Park District (EBRPD) was preparing a grant application to fund the design of the Alamo Canal Trail Project under 1-580 and requested that Dublin provide a letter of support and intent to contribute $50,000 toward a proposed $100,000 match, with the remaining $50,000 coming from the City of Pleasanton. EBRPD would request $230,000 of Measure B funds from the Alameda County Transportation Improvement Authority (ACTIA) to fully fund the design phase of the trail project. The Council and Staff discussed the funding process. The project had not yet been designed; however, a design-ready project would be a better candidate for grant funding. On motion of Vm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the City Council approved the letter of support and authorized the Mayor to sign the letter; and directed Staff to budget $50,000 in FY 2007-08 for the project if the ACTIA grant application was approved. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 377 DRAFT Strategic Planning and 2007 -2008 Goals & Objectives and Budget Process 8:37 p.m. 8.5 (100-80) City Manager Richard Ambrose presented the Staff Report and advised that the Council would consider establishing dates for meeting associated with the City's 2007-2008 Strategic Planning and Goals & Objectives and Budget Process. The Council would also consider consultant services necessary to facilitate the process. The Council discussed the Joint Council/Commissions Goals & Objectives Workshop and agreed that each Commission needed at least one hour, with Planning Commission to be heard last. Housing Committee and Senior Center Advisory Committee members should also be invited to observe, since some of their recommendations might be presented by their Commissions to which they served in an advisory capacity. The Council discussed the schedule and agreed on the following: Individual appointments with the Strategic Planning Consultant on December 14 and 15 for individual appointments; Council Strategic Planning Workshop on Friday, January 12, 2007, from 1:00 - 5:00 p.m.; Joint Council/Commission Goals & Objectives Workshop on Saturday, February 10, 2007, from 9:00 a.m. - 1:00 p.m., with lunch to follow; and Council Goals & Objectives/Budget Study Session on Wednesday, March 28, 2007, at 6:00 p.m. On motion of Cm. Oravetz, seconded by Cm. Sbranti and by unanimous vote, the City Council confirmed the dates associated with the 2007-2008 Strategic Planning and Goals & Objectives process; and authorized the City Manager to negotiate a contract for Strategic Planning consulting services, not to exceed $10,000. .. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 8:50 p.m. City Manager Richard Ambrose advised that the Annual Tree Lighting Ceremony would occur on December 7th, and the Officer John Monego Tree Lighting Ceremony would be held on Saturday, December 9th, both at the Civic Center. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 378 DRAFT City Manager Ambrose advised that the first Council meeting in January would fall on a holiday, and asked if the Council would like to hold the meeting on the next business day or cancel the meeting. The Council directed Staff to cancel the meeting. City Manager Ambrose distributed copies of an Alameda County Board of Supervisors agenda report and advised that he had just received a copy of a report regarding the County's intention to split Supervisor boundaries in Dublin. The first reading of the Ordinance was at the December 5th Board of Supervisor's meeting, and would need to be on a subsequent meeting for the adoption of the plan. Mayor Lockhart advised that she had attended the Alameda County Summit 2016 on Monday, December 4th, at which time a futurist discussed Alameda County. She indicated that she would attempt to get a copy of the meeting DVD, and suggested that it be shown during the Goals & Objectives Workshop. The Council welcomed Cm. Scholz to the City Council and Cm. Sbranti on his return to the Council. .. CLOSED SESSION 8:58 p.m. Mayor Lockhart announced that the Council would adjourn to Closed Session. L CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: 11759 Dublin Blvd (Dublin Square Shopping Center) City Negotiator: City Manager Negotiating parties: City of Dublin; Berkeley Land Company, Inc., a California Corporation Under negotiation: Price and terms of payment .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 379 DRAFT REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no action had been taken during Closed Session. . ADJOURNMENT L 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:40 p.m. Mayor ATTEST: City Clerk , DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING December 5, 2006 PAGE 380