The URL can be used to link to this page

Home My WebLink About09-19-2006 Adopted CC Min MINUTES OF THE Crn' COUNCIL CLOSED SESSION A closed session was held at 6:30 p.m., regarding: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision a Name of cases: Alameda County Superior Court Case Nos. Dublin v. Wohlross Associates, et al. - VG05238505 Dublin v. Esperanca, et al - VG06262407 Dublin v. Ralph Gil, et al- VG05241773 II. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager .. A regular meeting of the Dublin City Council was held on Tuesday, September 19,2006, 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: Council members Hildenbrand, Oravetz and Zika, and Mayor Lockhart. ABSENT: Councilmember McCormick .. 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 September 19, 2006 PAGE 309 REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no action was taken during Closed Session on Item I. Council would reconvene to Closed Session to discuss Item II after the regular meeting. ......... ~ ORAL COMMUNICATIONS Introduction of New Employees 7:03 p.m. 3.1 (700-10) Commander Gary Thuman introduced Deputy Alan Dumatol. Deputy Shannon Gann was unable to attend this evening and would be introduced at the next Council meeting. The Council welcomed Deputy Dumatol to City Staff. ... Presentation by Alameda County Associated Community Action Program Council 7:05 p.m. 3.2 (520-40) Nanette Dillard, representing Alameda County Associated Community Action Program (ACAP) Council, made a brief presentation regarding the wide spectrum of services provided by this organization which serves those living in poverty in Alameda County. The Council thanked ACAP for the presentation. .. Public Comments 7:18 p.m. 3.3 No comments were made by any member of the public at this time. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 310 CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.19 Vm. Oravetz pulled Item 4.17 for discussion. Mayor Lockhart pulled Items 4.12 and 4.18 for discussion. On motion of Cm. Hildenbrand, seconded by Cm. Zika and by unanimous vote (Cm. McCormick absent), the Council took the following actions: Approved (4.1) Minutes of September 5, 2006; Adopted (4.2 600-60) RESOLUTION NO. 172 - 06 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 7137 (DUBUN RANCH AREA A, NEIGHBORHOOD A-2) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.3 600-60) RESOLUTION NO. 173 - 06 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 7138 (DUBUN RANCH AREA A, NEIGHBORHOOD A-3) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.4 600-60) RESOLUTION NO. 174 - 06 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 7139 (DUBUN RANCH AREA A, NEIGHBORHOOD A-4) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 311 Adopted (4.5 600-60) RESOLUTION NO. 175 - 06 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 7140 (DUBUN RANCH AREA A, NEIGHBORHOOD A-5) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.6 600-60) RESOLUTION NO. 176 - 06 ACCEPTANCE OF FALLON ROAD STREAM CORRIDOR LANDSCAPING ASSOCIATED WITH TRACT 7135, DUBUN RANCH AREA A (TOLL CA II, L.P., A CALIFORNIA UMITED PARTNERSHIP) Adopted (4.7 600-60) RESOLUTION NO. 177 - 06 ACCEPTANCE OF LANDSCAPE IMPROVEMENTS FOR TRACTS 7137, 7138, 7139 AND 7140 (DUBUN RANCH AREA A, NEIGHBORHOODS A-2, A-3, A-4 AND A-5) Adopted (4.8 410-40) RESOLUTION NO. 178 - 06 APPROVING PARCEL MAP 8876 (BURLINGTON COAT FACTORY) Adopted (4.9 600-30) RESOLUTION NO. 179 - 06 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND RBF CONSULTINGIURBAN DESIGN STUDIO (RBFIUDS) AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 312 Adopted (4.10 570-20) RESOLUTION NO. 180 - 06 APPROVING 3-HOUR PARKING ZONE ON DOUGHERTY ROAD Adopted (4.11 410-55/420-30/450-30/910-40) ORDINANCE NO. 16 - 06 AMENDING THE ZONING MAP TO REZONE SIX PARCELS IN THE DUBUN VILLAGE HISTORIC AREA SPECIFIC PLAN TO PLANNED DEVELOPMENT (DUBUN VILLAGE HISTORIC AREA SPECIFIC PLAN) AND ADOPTING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN PA (02-074) and ORDINANCE NO. 17 - 06 APPROVING AN AMENDMENT TO SECTION 8.62 (HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW) OF THE ZONING ORDINANCE TO REMOVE REFERENCE TO THE "DUBUN VILLAGE HISTORIC AREA DESIGN GUIDEUNES", REPLACE WITH REFERENCE TO THE "DUBUN VILLAGE HISTORIC AREA SPECIFIC PLAN," AND RESCINDING THE DUBUN VILLAGE DESIGN GUIDEUNES (PA 02-074) Adopted (4.13 600-30) RESOLUTION NO. 181 - 06 APPROVING SETTLEMENT AGREEMENT WITH J KG E ESPERANCA INVESTMENTS I, LLC, FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE LOCATED AT 6450 DUBUN BOULEVARD DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 313 Adopted (4.14 640-40) ORDINANCE NO. 18 - 06 AMENDING CHAPTER 2.24.020 OF THE DUBUN MUNICIPAL CODE AND REMOVING ONE POSITION AS DECISION MAKING POSITION FOR PURPOSES OF THE CALIFORNIA POUTICAL REFORM ACT Approved (4.15 330-40) Amendments to 2006-2011 Capital Improvement Program for Dublin Historic Park Acquisition and approved Budget Change in the amount of $603,200; Received (4.16 100-90) Fiscal Year 2006-2007 Goals & Objectives Status Report & CIP Schedule; Approved (4.19 300-40) the Warrant Register in the amount of $3,360,409.17. Mayor Lockhart advised that she had pulled Item 4.12 (200-10), Request from Mt. Diablo Rose Society for Renewal of Fee Waiver under Civic Center FaCility Use Policy, to thank the Mt. Diablo Rose Society for their work to prune the roses at Emerald Glen Park in exchange for use of the Civic Center faCility for their monthly meetings. On motion of Mayor Lockhart, seconded by Vm. Oravetz and by unanimous vote (Cm. McCormick absent), the Council granted the renewal of the fee waiver for use of the Civic Center for monthly meetings in exchange for caretaking services of the City's rose garden at Emerald Glen Park. Vm. Oravetz advised that he had pulled Item 4.17, Miss Dina's Daycare Conditional Use Permit for a Large Family Day Care Home (410-30), so that the record could reflect his opposition to the reversal of the Planning Commission decision to deny the Conditional Use Permit. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by majority vote (Vm. Oravetz opposed/ Cm. McCormick absent) the Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 314 RESOLUTION NO. 182 - 06 A RESOLUTION GRANTING THE APPEAL, THEREBY REVERSING THE PLANNING COMMISSION'S DECISION, AND APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT WITH A PARKING REDUCTION TO ALLOW MISS DINA'S DAYCARE (UP TO A MAXIMUM OF 12 CHILDREN) TO OPERATE A LARGE FAMILY DAYCARE HOME AT 7956 CROSSRIDGE ROAD. (APN 941-2784-034) PA 06-029 Mayor Lockhart advised that she pulled Item 4.18, Establishment of Sister City Relationship between the City of Dublin and Jinhua City, ZheJi'ang Province, the People's Republic of China (J 40-50), in order to call attention to the formation of this new Sister City relationship. The Dublin Sister City Association, along with Cm. McCormick, had worked hard to establish this new Sister City relationship. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote (Cm. McCormick absent), the Council adopted RESOLUTION NO. 183 - 06 APPROVING LETTER OF INTENT ON THE ESTABUSHMENT OF FRIENDLY EXCHANGE RELATIONSHIP (SISTER CITY) '+ WRITTEN COMMUNICATIONS - None .. PUBUC HEARINGS Public Hearing Dublin Ranch Area F North, Neighborhood F-l, Standard Pacific Homes "Sonata" Development Agreement, PA 05-015 7:23 p.m. 6.1 (600-60) Mayor Lockhart opened the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 315 Associate Planner Marnie Nuccio presented the Staff Report and advised that the City Council would consider the adoption of an Ordinance to enter into a Development Agreement with Standard Pacific Homes for the construction of 119 medium density single family detached homes within Dublin Ranch Area F North, Neighborhood F-1. Michael Whitby, Standard Pacific Homes, advised that he was present to support the project and answer any questions the Council might have. Ron Boggs, Dublin resident, urged the Council to approve the project, which would provide single family homes. Mayor Lockhart closed the public hearing. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Cm. McCormick absent), the Council waived the first reading and introduced the Ordinance approving a Development Agreement between the City of Dublin and Standard Pacific Homes, for Dublin Ranch Area F North, Neighborhood F-1 "Sonata." ... UNFINISHED BUSINESS Art in the Parks - Bray Commons 7:27 p.m. 7.1 (900-50) Heritage & Cultural Arts Supervisor John Hartnett presented the Staff Report and advised that the City Council would consider a proposal as part of the "Art in the Parks" program sponsored by the Dublin Fine Arts Foundation for a public art piece by artist Bill Gould, to be located at Bray Commons Park. Lynn Baer, Dublin Fine Arts Foundation, introduced Bill Gould, the artist of the proposed plece. Mr. Gould gave a brief presentation on the background and design of his proposed piece called "Wind, Shade, Light = Tranquility," which was designed to playoff wind in Dublin in a whimsical manner. The Council, Staff and Mr. Gould engaged in a question and answer session regarding the proposed artwork. Staff would make certain the artwork would be placed so as not to detract from the Sister City's Peace Pole. The Artist would experiment with different DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 316 gauges of metal so the artwork would not produce sounds loud enough to bother nearby residents. On motion of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanimous vote (Cm. McCormick absent), the City Council approved the sculpture for placement in Bray Commons. .. PUBUC COMMENT - RE-OPENED 7:44 pm Mayor Lockhart re-opened Public Comments in order to allow Ms. Baer to update the Council on the status of the "Art Takes Place" program. Ms. Baer outlined the "In the Tri-Valley, Art Takes Place" program, which had been approved by the Dublin and Livermore City Councils and was on an upcoming Pleasanton Council agenda. The project was a year-long temporary art project in the three communities, consisting of 4-6 temporary exhibits. Mayor Lockhart advised that the City of San Ramon may be interested in participating in this program next time. ~. y UNFINISHED BUSINESS - CONTINUED Status Report - City's 25th Anniversary Celebration 7:47p.m. 7.2 (950-40) Assistant to the City Manager Julie Carter presented the Staff Report and advised that the City Council would receive recommendations regarding the City's 25th Anniversary Celebration as recommended by the Council Sub-Committee. The report included recommendations for banners, commemorative letterhead, a gala dinner and an enhanced 2007 Day on the Glen Festival. The Council discussed the event and agreed that Staff had done an excellent job planning the event so the entire community could participate. A suggestion was made to create a DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 317 video collage of happenings over the past 25 years to show during the dinner, as well as invite former Mayors to the dinner to talk about the highlights of their terms. On motion of Vm. Oravetz, seconded by Cm. Zika and by and by unanimous vote (Cm. McCormick absent), the City Council approved the Commemorative City banner, City letterhead and envelope sticker, and approved a budget change in the amount of $12,600. .. First Time Homebuyer Loan Program - Approval of Loan Documents 7:58 p.m. 7.3 (430-60) Community Development Director Jeri Ram presented the Staff Report and advised that, at its March 21, 2006 meeting, the City Council approved the First Time Homebuyer Loan Program (FTHLP). The City Council would consider adopting a Resolution authorizing the City Manager to approve the final form of the Loan Agreements, Deeds of Trust and Promissory Notes for the FTHLP and authorizing the City Manager to execute such loan documents on behalf of the City. The Council discussed the program and agreed that it was an excellent resource and encouraged potential homebuyers to participate. A recommendation was made to provide program brochures to the Chamber of Commerce prior to its annual Real Estate Tour next month. On motion of Vm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote (Cm. McCormick absent), the City Council adopted RESOLUTION NO. 184 - 06 AUTHORIZING THE CITY MANAGER TO APPROVE FINAL FORM OF LOAN AGREEMENTS, DEEDS OF TRUST AND PROMISSORY NOTES FOR THE FIRST TIME HOMEBUYER LOAN PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LOAN DOCUMENTS ON BEHALF OF THE CITY .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 318 NEW BUSINESS Request by Custom Fireplace, Patio KG BBQ to Initiate a Downtown Core Specific Plan Amendment Study 8:04 p.m. 8.1 (410-55) Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would consider a request from the owner of Custom Fireplace, Patio & BBQ to initiate a Downtown Core Specific Plan Amendment Study at 7099 Amador Plaza Road. The Applicant proposed to change the Specific Plan Land Use Designation from Retail! Auto to Retail! Office to allow Custom Fireplace, Patio & BBQ, a retail establishment, to increase the size of the existing building on -site by approximately 11,000 square feet and to operate the subject at the subject property. Staff suggested that the proposed amendment be considered as a part of the planned comprehensive Downtown Specific Plan update and be fully analyzed as a part of the overall planning for the downtown area. Walter Ligon, Applicant, outlined his current business and expansion plans, indicating that every attempt was made to conform to the Downtown Core Specific Plan. He advised that he had been working with Safeway to lease some of his property for Safeway employee parking, and encouraged the Council to approve this request so that he could proceed with renovations as soon as possible. Peter MacDonald, Attorney representing the Applicant, submitted a letter to the Council and advised that the proposed plan met the vision of the Downtown Core Specific Plan. Goal #8 of the Specific Plan, which was not mentioned in the Staff Report, allowed existing buildings to convert to uses consistent with the requirements of the Specific Plan, and Objective 8.1 encouraged a gradual phasing out of automobile sales and service land uses in the Specific Plan area. The Applicant was asking approval of the Specific Plan Study, which would allow him to commence with his expansion plans without having to wait for the revised Downtown Core Specific Plan to be completed. George Corrigan, Project Architect, outlined the key design features of this project and discussed the site plan. Bill Schaub, Planning Commission Chair, indicated that what was currently before the Council was a request for a Specific Plan Amendment Study. The architectural changes proposed by the Applicant had not been reviewed or approved by the Planning Commission. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19,2006 PAGE 319 Jesus Orozco, Casa Orozco, urged the Council to approve the request and stated that denial would send a negative message to small businesses in Dublin that were trying to expand. John Steinbuch, Colliers International, discussed the marketing of the site involved and encouraged the City Council to approve the study to allow the project to move forward. Ken Harvey, Dublin Honda, indicated that Walt Ligon had been a good neighbor over the years and encouraged the Council to approve the Specific Plan Amendment Study. The Council discussed the proposed Specific Plan Amendment Study and agreed that, although the comprehensive Specific Plan update was important, this project would benefit the community and fit in with the downtown vision. On motion of Cm Hildenbrand, seconded by Vm. Oravetz and by unanimous vote (Cm. McCormick absent), the City Council adopted RESOLUTION NO. 185 - 06 APPROVING THE INITIATION OF A DOWNTOWN CORE SPECIFIC PLAN AMENDMENT STUDY FOR THE PROPERTY LOCATED AT 7099 AMADOR PLAZA ROAD (APN 941-0305-026) + Informational Report on Off-Site Signage/ Advertising for the Alameda County Fair within City Limits 8:51 p.m. 8.2 (450-20) Associate Planner Marnie Nuccio presented the Staff Report and advised that the City Council would provide Staff with direction on regulating and controlling off-site signage within City limits. The Council agreed that it would be beneficial to co-sponsor the event, and engaged in a question and answer session with Staff regarding banner fabrication and placement within the City. The Fair should pay for the fabrication of the banners, as it did in Pleasanton. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote (Cm. McCormick absent), the City Council agreed to co-sponsor the Alameda County DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19,2006 PAGE 320 Fair and include Alameda County Fair banners in the City's Banner Program, and directed Staff to bring back the design for approval, and place 12 banners throughout the City at the appropriate time. ~. .'" Location of St. Patrick's Day Events 9:01 p.m. 8.3 (950-40) Parks & Community Services Director Paul McCreary and Recreation Coordinator Lorri Polon presented the Staff Report and advised that, due to the limited amount of space available along Amador Valley Boulevard for the St. Patrick's Day Festival, the Council would consider options for downsizing the event or relocating it to Civic Plaza or another location. The Council would also consider alternative routes for the Parade and Fun Run. Staff recommended that the Council: 1) Determine if Festival would remain on Amador Valley Boulevard or be relocated to Civic Plaza or direct Staff to evaluate other specific locations for Council consideration; 2) If Festival would be at Civic Plaza, select Alternative A as the preferred parade route or provide alternate direction; 3) If Festival would be a Civic Plaza, approve proposed Fun Run route or provide alternate direction. Council and Staff engaged in a question and answer session regarding the options presented and discussed the various pros and cons of each. The need for adequate parking, as well as continuity between the parade route and the Festival were a concern. Bill Burnham, Lions Club Parade Coordinator, advised that the Lions Club preferred Parade Route Option A, and asked that the City work closely with them regarding the details. The Council agreed that the festival location needed to accommodate the growing event, and having it at the Civic Center might take a while to catch on but would be a positive step in the long run. On motion of Cm. Zika, seconded by Cm. Hildenbrand and by unanimous vote (Cm. McCormick absent), the City Council determined that the Festival would be relocated to Civic Plaza; selected Alternative A as the preferred parade; and approved the proposed Fun Run route. .. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 321 OTHER BUSINESS Drief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AD 1234) 9:26 p.m. City Manager Richard Ambrose advised that the Tri-Valley Council meeting would be held at 6:30 p.m. on September 28th at Stacey's in Dublin. The West DublinlPleasanton BART groundbreaking ceremony would be held September 29th at 9:30 a.m. in Dublin at the terminus of Golden Gate Drive, and 11 :00 a.m. in Pleasanton. Supervisor Keith Carson had invited the Council to participate in an all-day workshop on October 12, 2006 entitled "Summit 2016", at which time the accomplishments of each Alameda County City would be shared, as well as participate in a discussion of the vision of the future. Cm. Zika advised that he had attended the League of California Cities Annual Conference in San Diego on September 6-8th, and outlined the programs he attended. Cm. Hildenbrand advised that she had also attended the conference, and outlined the sessions she attended. She indicated that she had attended a two-hour Ethics Training, and provided her attendance certificate to the City Clerk for logging. Vm. Oravetz asked for an update on the old Ralph's site in the Long's Shopping Center on Regional Street. City Manager Ambrose advised that it was now public knowledge that 99 Ranch Market had signed a lease and anticipated moving into the store in May 2007. The focus was primarily on Asian foods, fresh vegetables and fish. The Council agreed that 99 Ranch would be a welcome addition to the community. Mayor Lockhart advised that the Sister City Association would be hosting a dinner for guests from Jinhua City, China, on September 29th, at which time the Letter of Intent to establish a Sister City Relationship would be signed. ... DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 322 CLOSED SESSION 9:35 p.m. The City Council reconvened to Closed Session to discuss Item II: Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager. ADJOURNMENT .. 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:55 p.m. Q. . . iJ .J~bi/ / ' Mayor ( I f / ../ ATTEST: J~~~~ ~"\ .- DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING September 19, 2006 PAGE 323