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HomeMy WebLinkAbout08-19-2008 Adopted CC Min~r llU~~~ MINUTES OF THE CITY COUNCIL ,`~ OF THE CITY OF DUBLIN ~V // REGULAR MEETING - Au ust 19, 2008 A regular meeting of the Dublin City Council was held on Tuesday, August 19, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02 p.m., by Mayor Lockhart. •~ ROLL CALL PRESENT: Councilmembers Lockhart. ABSENT: None Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. ORAL COMMUNICATIONS Acceptance of Gifts to City for the Family Sports Fest and Dublin Community Golf Tournament 7:02 p.m. (3.1 150-70) Recreation Supervisor Rich Jochner presented the Staff Report and advised that the City Council would recognize the sponsors of and formally accept the contributions to these community events. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the City Council recognized the sponsors and formally accepted the contributions. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 27 Gti~ pe Dp~ REGULAR MEETING 19,~~~~~ August 19, 2008 `~ ~ ~~ c~„~~~s ~~ Recognition of City Team by the East Bay Bicycle Coalition 7:05 p.m. 3.2 (585-95) Administrative Analyst Erin Lamberger presented the Staff Report and advised that the East Bay Bicycle Coalition had sponsored the Team Bike Challenge that took place this past May. The "Rec Riders," a team comprised of Staff from the City's Parks and Community Services Department, accumulated the most points for Alameda County, for which the City Council would like to join with the East Bay Bicycle Coalition in recognizing this noteworthy accomplishment. An East Bay Bicycle Coalition representative presented the Rec Riders with certificates for their accomplishment. The City Council joined the East Bay Bicycle Coalition in recognizing the accomplishment of the City of Dublin's "Rec Riders" in the Team Bike Challenge. Public Comments 7:09 p.m. 3.3 Rosemary Booth, Director of Marketing and Communications of Livermore Amador Valley Transit Authority (LAVTA), stated LAVTA was providing Fallon and Wells Middle School students free passes to ride Wheels from August 23 through September 7, to encourage its regular use through its Try Transit to School Program. She would return next month with the results of this campaign. CONSENT CALENDAR 7:11 p.m. Items 4.1 through 4.10 On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote, the Council took the following actions: DUBLIN CITY COUNCIL MINUTES 2 VOLUME 27 G`~oFOU m REGULAR MEETING 19,~(~~~~ August 19, 2008 ~~ c,~,~~~m Approved (4.1) Minutes -None; Adopted (4.2 410-30/450-30) ORDINANCE N0.34 - 08 AMENDING THE ZONING MAP TO REZONE PROPERTY TO THE PD -PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN FOR THE GREEN ON PARK PLACE RETAIL CENTER PA 07-019 Adopted (4.3 820-80) RESOLUTION NO. 150 - 08 APPROVAL OF NO PARKING ZONE ON DOUGHERTY ROAD Adopted (4.4 600-60) RESOLUTION NO. 151 - 08 ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 9185 (KBH INVESTMENTS, LLC) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.5 600-40) RESOLUTION NO. 152 - 08 APPROVING MEMORANDUM OF AGREEMENT AMONG THE ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY, UC BERKELEY TRAFFIC SAFETY CENTER AND THE CITY OF DUBLIN FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF AN AUTOMATED BICYCLE COUNTER DUBLIN CITY COUNCIL MINUTES 3 VOLUME 27 ~oF REGULAR MEETING ,,;` August 19, 2008 19 ~~~,~ `~~ ~~~~R~S Authorized (4.6 820-40) the Public Works Director to sign and approve the legal hardship application from Mr. Gaudet in accordance with State Regulation CBC, Title 24, Chapter 11, Section 1127B-Exception #2. Adopted (4.7 600-30) RESOLUTION NO. 153 - 08 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE TRI-VALLEY HOUSING OPPORTUNITY CENTER Adopted (4.8 600-50) RESOLUTION NO. 154 - 08 APPROVING AGREEMENT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR PARTICIPATION IN THE TRI-VALLEY CHALLENGE TRAFFIC SAFETY PROJECT Adopted (4.9 600-30) RESOLUTION NO. 155 - 08 AMENDING THE SALARY PLAN Approved (4.10 300-40) the Warrant Register in the amount of $4,295,794.52 WRITTEN COMMUNICATIONS -None DUBLIN CITY COUNCIL MINUTES a VOLUME 27 G~~pFpljB~ REGULAR MEETING August 19, 2008 19~~~~,~ ~~~ ~dGIFOR~~ PUBLIC HEARINGS Introduction of Ordinance Amending Dublin Municipal Code Chanter 5 100 (Parks and Recreation Areas) 7:11 p.m. 6.1 (660-60/920-20) Mayor Lockhart opened the public hearing. Parks and Community Services Director Diane Lowart presented the Staff Report and advised that the City Council had initiated a comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review was DMC Chapter 5.100 which regulated the use of parks and recreation areas and facilities. The City Council would consider a number of minor changes intended to clarify the chapter. Mayor Lockhart asked for the definition of an infraction. City Attorney John Bakker stated an infraction was a criminal penalty. It could be enforced in court. The City presently had rules on signs at the parks, but those rules were not reflected in the ordinance, therefore not enforceable. This procedure allowed for park specific rules to be created, posted, and thereby, enforced. The City Council and Staff discussed particular activities that led to damage to parks, appropriate location for certain activities, and bike riding being allowed as long as it was not in a negligent, unsafe or reckless manner in City parks. Council requested and Staff agreed to add "non-motorized scooters" to the title of Section 5.100.140. Mayor Lockhart asked if these actions or activities were complaint driven items. Ms. Lowart stated it was both complaint-driven or City Staff enforceable. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 27 G~~OF DrjB~~ REGULAR MEETING August 19, 2008 19~~~~~~ ~`` c~~„~~~s On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the City Council waived the reading and INTRODUCED an Ordinance Amending Chapter 5.100 of the Dublin Municipal Code Relating to the Regulations of Parks and Recreation Areas, including adding the wording, "Non-Motorized Scooters" to the title of Section 5.100.140. Ordinance Adding Chapter 5.116 (Filming) to the Dublin Municipal Code 7:27 p.m. 6.2 (660-60) Mayor Lockhart opened the public hearing. City Attorney John Bakker presented the Staff Report and advised that the City Council would consider this first reading of an ordinance adding Chapter 5.116 to the Dublin Municipal Code related to filming. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. Mayor Lockhart asked the City Council to consider postponing hearing this item this evening to give Staff the opportunity to meet with the other cities in the Valley and the Livermore Valley Film Commission to work on having similar ordinances in place with the participating cities. She would like to give the Economic Development Director the opportunity to work with the other cities and the Film Commission to put everyone on equal footing for filming opportunities. On motion of Mayor Lockhart, seconded by Vm. Sbranti and by unanimous vote, the Council postponed the item to a future date to allow Staff time to work further with the other Cities involved and the Film Commission. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 27 G~,~~or~ti~i REGULAR MEETING ,,, ~ ~~~ August 19, 2008 '~`~~~~ dGIFOR~~` UNFINISHED BUSINESS Amended and Restated Joint Exercise of Powers Agreement with the Livermore/Amador Valley Transit Authority (LAVTA) 7:34 p.m. 7.1 (600-40) Economic Development Director Chris Foss presented the Staff Report and advised that the Livermore/Amador Valley Transit Authority ("the Authority") was formed in 1985 by means of a Joint Exercise of Powers Agreement (JEPA) between the County of Alameda and the Cities of Dublin, Livermore and Pleasanton. The Agreement provided for the creation of the Transit Authority as a separate and distinct public entity empowered to own, develop, operate and administer a public transportation system. Mayor Lockhart stated in regard to the amendment, it had not been the intention not to give veto power to each community. The important part of the JPA was to support all members' needs. It was important to listen to the representatives of the communities. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the City Council adopted RESOLUTION NO. 156 - 08 AUTHORIZING EXECUTION OF THE AMENDED AND RESTATED JOINT EXERCISE OF POWER AGREEMENT WITH THE LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY (LAVTA) Proposed Resolution Establishing a Temporary Policy for the Rental of Below Market Rate Ownershiu Units by Owners Unable to Sell their Units at the Restricted Resale Price 7:39 p.m. 7.2 (430-80) Housing Specialist John Lucero presented the Staff Report and advised that the City Council would consider adopting a resolution on a temporary policy to permit the rental of for-sale Below Market Rate (BMR) units. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 27 G`~~o~~ ti REGULAR MEETING ,,, August 19, 2008 ~~~~~~~ ~~„~~~~ Mayor Lockhart asked for the definition of a cap. The policy should not put owners in a position where they could make a profit on renting their unit when they could be serving the needs of other low income people that needed low income rental units. Mr. Lucero stated the cap would be what the owner's total monthly cost would be. City Attorney Bakker clarified the rent would be capped at whichever was less: the total monthly housing cost of the unit or the maximum BMR rent based on the City's Layperson's Guide. They would be renting only to those households that fit the categories of Below Market policies. On motion of Cm. Scholz, seconded by Vm. Sbranti and by unanimous vote, the City Council adopted RESOLUTION NO. 157 - 08 ESTABLISHING A TEMPORARY POLICY FOR THE RENTAL OF BELOW-MARKET RATE OWNERSHIP UNITS BY OWNERS UNABLE TO SELL THEIR UNITS AT THE RESTRICTED RESALE PRICE •`- Parks and Community Services Needs Assessment Results 7:51 p.m. 7.3 (950-10) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council had a high priority objective to conduct an in- depth needs assessment and opinion survey of the Parks and Community Services Department, and develop a Strategic Plan for department programs and services. The primary purpose of the needs assessment was to provide a community based appraisal of the current recreation programs and recommendations for future programs and services. The City Council would receive a report summarizing the results of the multi-component needs assessment. DUBLIN CITY COUNCIL MINUTES s VOLUME 27 Gl~~ pF Dp ~ REGULAR MEETING August 19, 2008 19~~~~,~ ~`~ Tom Miller, President National Research Center, stated this had been one of the most remarkable comprehensive market analysis of which he had been involved. It was a great example of transparency in government. He presented an overview of the areas of the survey which included current recreation activities, reasons for non-participation, influences on participation, scheduling and flexibility, quality of parks and recreation, quality of facilities, spending levels, funding of public art, priorities for recreation facilities, upcoming parks and facilities, location of facilities, priorities for parks, priorities of classes and activities, Mr. McCreary stated the next steps would be for Staff to analyze the information that the Consultant put together to develop a draft Ten-Year Strategic Plan, take it to the public for input, the Advisory Committees and Commissions and then to the City Council in November. Cm. Hildenbrand stated although some of the activities were not rated high in the survey, she would not like to see them discontinued. They were activities that were just getting started. If the City could provide training in those sports, it would help to Dublin kids stay in Dublin to play those sports. Mayor Lockhart stated she agreed with Cm. Hildenbrand's comments and they needed to consider what sports were being offered at Dublin schools and support those sports. The one big message she heard was the City was going in the right direction, in regard to trails, bikeways, and open space opportunities. She thanked Staff for its work. Cm. Oravetz stated the City could now compete with other area cities with its recreation facilities. Vm. Sbranti commended Staff and the Consultant for the thoroughness of their outreach effort. The City Council received the report. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 27 G`~ of ~e REGULAR MEETING ,,, August 19, 2008 ~~`~~~ ~~,~R~S NEW BUSINESS Dedication of Piazza Sorrento and Devany Square 8:19 p.m. 8.1 (920-60) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the dedication of Piazza Sorrento and Devany Square would take place on October 4, 2008. The City Council received an update on the event plan. Vm. Sbranti asked when the Devany Square fence would come down. Mr. McCreary stated the Square would open by the first week of September. The City Council received the report. Dublin Transit Center Art Proiect 8:21 p.m. 8.2 (600-30/110-30) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council would be asked to approve an agreement to contract with an Art Consultant to coordinate the selection of art for the Dublin Transit Center as well as approve the formation of a Selection Committee to assist with the recommendation of art designs for the project. Mayor Lockhart asked where the Campbell Green public art would be located. Mr. Hartnett stated that decision had not yet been made. Cm. Hildenbrand asked if the Transit Center residents would be targeted first in regard to joining the Selection Committee. Mr. Hartnett stated that it would be opened to the public at large but Transit Center residents would be targeted. DUBLIN CITY COUNCIL MINUTES la VOLUME 27 G1~ pF Dp REGULAR MEETING ,,, August 19, 2008 '`~~~~ ~~,~~~~~ On motion of Cm. Scholz, seconded by Vm. Sbranti and by unanimous vote, the City Council adopted RESOLUTION NO. 158 - 08 APPROVING AN AGREEMENT WITH CHANDRA CERRITO FOR ART CONSULTANT SERVICES FOR THE DUBLIN TRANSIT CENTER PUBLIC ART PROJECT and approved formation of an Art Selection Committee and authorized Staff to solicit representatives. Presentation of the Livermore Amador Valley Transit Authority's Bus Rauid Transit (BRT) Proiect 8:28 p.m. 8.3 (1060-20) Public Works Director Melissa Morton presented the Staff Report and advised that this presentation would introduce the City Council to the concept of a Bus Rapid Transit (BRT) project and provide an overview of the BRT project that was slated to commence service within the Tri-Valley in late 2009. Cm. Oravetz asked if anything would have to be done to the lanes on Dublin Boulevard in order to accommodate the bus queuing. Ms. Morton stated the City's methodology already used by the City to build signals would incorporate queuing very comfortably. Cm. Oravetz asked how long it would take to get from the Livermore Lab to the Dublin BART Station, and from the Livermore Main Station to the Dublin BART station using the BRT system. Mr. Joseph Rye, LAVTA, stated it would take 40 minutes to get from the Livermore Lab to the Dublin BART station and 25 Minutes to get from the Livermore Main Station to the BART station. DUBLIN CITY COUNCIL MINUTES i i VOLUME 27 G~~oeD~~y REGULAR MEETING August 19, 2008 19~~~~,~ ~~ ~~,~~~~~ Vm. Sbranti asked how the queue for the buses would work. Would other vehicles still be able to use the right most lane? Ms. Morton stated, typically, the right turn lane would be clear when the bus entered, and then the rest of the traffic would get the green light and then go through. The signage would be very clear that the signal was for buses only. LAVTA would pay for all infrastructure relative to those signals. She did not know if the queue jump was immediately planned as part of the project. There would be additional pedestrian safety lighting in and around individual stops. Vm. Sbranti asked where the information boards would be placed at the stops. Dan Lindquist, Kimley Horn and Associates, stated they were presently working with the vendors to see if the boards could be mounted in the shelters or pole mounted, and they would be at every stop. Ms. Morton stated at this point LAVTA was only asking the City accept the safety lighting maintenance. Mayor Lockhart asked if student art panels would be all the way down Dublin Boulevard, at all BRT stops. Would they not all look the same? Was it not the goal to have the shelters recognized as for a special bus service? Ms. Morton stated there were only seven shelters planned to have the art incorporated. City Manager Ambrose stated that the bus shelters had started in downtown and then were expanded to a couple of other shelters near Dougherty Road. The Council might want Staff to reconsider the item in terms of placing the art in different locations other than the BRT stops. Mayor Lockhart stated she thought the intent was to have it look seamless for people that were traveling that route; to know exactly when they were going to a BRT shelter as opposed to a just regular stop along the route or any other bus that was coming through. She did like the artist's design of putting them at different locations, maybe near a park, so they would stand out more. She wanted it to be a unifying effect. She asked if LAVTA had looked at solar lighting. DUBLIN CITY COUNCIL MINUTES i2 VOLUME 27 G~~o~~~y REGULAR MEETING ,,, August 19, 2008 19 ~5~~,~ ~~ c~,~~~.~ Mr. Rye stated they had looked at several solar lighting options and found that there was no available solar lighting that could provide enough light at the stop. Mayor Lockhart asked if the lighting would cause any issues as night to nearby residences. Ms. Morton stated this had been discussed and a directional shield could be placed on the lights so that the lighting was downward as to not bother the nearby residents. Mayor Lockhart asked would there be enough room at the stops for wheelchairs or strollers. Ms. Morton stated there had been complaints about the stop at McDonald's on Dublin Boulevard not having enough room and that stop might have to be moved. Vm. Sbranti asked how critical the lighting was. What value did it add? Mr. Rye stated that the lights enhanced the sense of security. Vm. Sbranti clarified that he meant the boards that would give the real time arrival of the buses. Mr. Rye stated it was similar to the BART signs that allowed riders to see when the next bus would arrive. The cost, installed, was $30,000 per sign. Mayor Lockhart stated the cost of the signs was part of the grant. Would the buses used be the clean diesel buses or hybrids? Mr. Rye stated he would be giving LAVTA an update on the type of bus, but they might have to get smaller hybrids and build up ridership. The City Council received the presentation. DUBLIN CITY COUNCIL MINUTES i3 VOLUME 27 REGULAR MEETING C}~OF~B~~ /// August 19, 2008 ~~~~~/ Gci c~~~D Designation by City Council of an Ad Hoc Audit Review Committee 9:00 p.m. 8.4 (110-30) City Manager Richard Ambrose presented the Staff Report and advised that the independent auditors from the firm of Caporicci and Larson would begin in September, work necessary to complete the Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2008. City Council action would establish an Ad Hoc Committee to review the audit process and final report with the auditors. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the City Council confirmed the Mayor's recommendation to appoint Vice Mayor Sbranti and Councilmember Scholz to meet with the City Auditors to review and discuss the report for the period ending June 30, 2008. Request to Initiate a West Dublin BART Specific Plan Amendment Study to Change the Specific Plan Land Use Designation from Office to Retail/Office and Lodging to Allow for the Establishment of Retail and Lodging Uses at 7950 Dublin Boulevard 9:01 p.m. 8.5 (410-55) Community Development Director Jeri Ram presented the Staff Report and advised the City Council that the Pegasus Group, on behalf of the Corrie Development Corporation, wished to withdraw their request that the City Council initiate a West Dublin BART Specific Plan Amendment Study to change the Specific Plan Land Use Designation for the property at 7950 Dublin Boulevard from "Office" to Retail/Office" and "Lodging" to allow for the future development of retail commercial and lodging uses. The Applicant had expressed interest in proceeding with a potential land use amendment as part of the preparation of the Downtown Dublin Specific Plan. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the City Council accepted the withdrawal request. DUBLIN CITY COUNCIL MINUTES i4 VOLUME 27 ~oFOti REGULAR MEETING 19,~~~~~ August 19, 2008 `~ OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:03 p.m. City Manager Ambrose announced there would be a Community Workshop with respect to the Housing Element Update, at the Dublin Library on August 21. He also stated this was his last City Council meeting and it had been an honor to work with the different City Councils and it a privilege to serve the citizens of Dublin. Cm. Scholz stated she was looking forward to the upcoming events for the departing City Manager and the new City Manager. She would be attending the Friendship Project which was a consideration to provide care for seniors during the day. She had gone to the Post Office and there had been places to park and mail could again be picked up at the Dublin Post Office. She thanked the Dublin Post Office for these changes. Cm. Oravetz stated before he became a Councilmember, he had watched City Manager Ambrose and liked the way he ran the City. Mr. Ambrose had done a fantastic job. Cm. Hildenbrand stated she attended ABAG's RPC meeting, the Chamber bar-b-que, and the Tri-Valley Convention and Visitors Bureau Luncheon. She would be attending the upcoming Schaefer Ranch Grand Opening. She asked that drivers watch out for kids as school was starting on Monday. It had been an honor and privilege to work with City Manager Ambrose. Vm. Sbranti stated he had attended the Chamber bar-b-que, Tri-Valley Convention and Visitors Bureau luncheon, a tour of Schaefer Ranch development, and the 100 Club bar-b- que in support of law enforcement. City Manager Ambrose had been a mentor to him through his years of living in Dublin. He admired him and he had been a constant with his guiding leadership. Mayor Lockhart stated she had attended the Chamber bar-b-que; she thanked Mr. Ruiz with the Post Office for bringing back services to the Dublin Post Office. She asked that on a future agenda, there be a discussion to review the Code Enforcement resolution to make sure that everyone was on the same page so Staff would have an easier time of dealing with Code enforcement. She would also like to have a discussion at the next Council meeting regarding the naming of the hall at Shannon Community Center. She DUBLIN CITY COUNCIL MINUTES is VOLUME 27 or ~, REGULAR MEETING n;`~~~n~ August 19, 2008 ~\`~~j~~ Gc~~a~`° stated that she agreed with the other City Councilmembers in City Manager Ambrose's ability to help new Councilmembers have an understanding of how the community and Staff operated, and did it in a simple dignified way. He set a tone and pace for the Community that people responded to and the public was treated with dignity. His relationship with the rest of Alameda County and other City Managers had moved the City forward. She thanked City Manager Ambrose on behalf of the residents of Dublin. ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 9:16 p.m. in honor of Richard Ambrose. Minutes prepared by Caroline P. Soto, City Clerk Mayor :~ ATTEST: ~~~ ~ / `~ City Clerk ,'~ DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING August 19, 2008 ,~ oe~~, 19,~_ _=~7,8'L ~~ ~~// ~~c, ~~ 16