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Home My WebLink About12-15-2009 Adopted CC Min/OF DU~~~ MIN OF THE CITY OFF DUBOUN CIL 1~~ ., , ~'~~. g~ REGULAR MEETING -December 15, 2009 ~~~/~ _.~. CLOSED SESSION A closed session was held at 6:32 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: City of Dublin v. PKII Dublin Retail Center L.P. et al, Alameda County Superior Court, Case No. RG08390521 A regular meeting of the Dublin City Council was held on Tuesday, December 15, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Cms. Biddle, Hart, Hildenbrand and Mayor Sbranti. ABSENT: Cm. Scholz PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ,IpFDU REGULAR MEETING ui`~ ~~~ December 15, 2009 '`~~~~j~ 4GIFOR~ ORAL COMMUNICATIONS Amador Lakes Community of the Year and Ki Hwana Community Manager of the Year Proclamation 7:06 p.m. 3.1 (610-50) The City Council presented a proclamation to the Amador Lakes Apartments, 2009 Community of the Year and to Ki Hwang, Amador Lakes Apartments Manager, the 2009 Community Manager of the Year as recognized by the Rental Housing Owners Association of Southern Alameda County and the California Apartment Association. Public Outreach Program by the Dublin Unified School District 7:09 p.m. 3.2 (515-20) Dr. Stephen Hanke, Dublin Unified School District Superintendent, presented a PowerPoint presentation highlighting and promoting Dublin High School. School Board President, David Haubert, Dublin High School Principal, Carol Shimizu and students also spoke regarding Dublin High School's achievements in college preparatory curriculum, enrollment and recent completed construction projects. Public Comments 7:31p.m. 3.3 James Morehead, parent of a Dublin High School student, spoke on behalf of www.onedublin.org, an organization founded by parents, which serves as a liaison to the Dublin Unified School District Board. CONSENT CALENDAR 7:35 p.m. Items 4.1 through 4.9 On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz absent), the City Council took the following actions: Approved (4.1) Minutes -None DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 `~oF~, REGULAR MEETING u; ~~~ December 15, 2009 '`~~~~ 4GIFOR~ Adopted (4.2 600-60) ORDINANCE NO. 18 - 09 PREZONING THE DUBLIN RANCH NORTH ANNEXATION AREA TO THE PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN PA 08-045 and ORDINANCE NO. 19 - 09 APPROVING A DEVELOPMENT AGREEMENT FOR DUBLIN RANCH NORTH BETWEEN THE CITY OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN APN: 985-0028-003-02 PA 08-045 Accepted (4.3 390-20) the Annual Report of Developer Impact Fee Funds for the Year Ended June 30, 2009; and adopted RESOLUTION NO. 178 - 09 MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2008-2009 Adopted (4.4 350-20) RESOLUTION NO. 179 - 09 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE SPECIALIZED POLICE VEHICLES DIRECTLY FROM VENDOR Adopted (4.5 600-40) RESOLUTION NO. 180 - 09 APPROVING A CONSORTIUM FUNDING AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE PURPOSE OF IMPLEMENTING THE NEIGHBORHOOD STABILIZATION PROGRAM -PHASE 2 IN THE ALAMEDA COUNTY CONSORTIUM DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 l,~o~DO~ REGULAR MEETING i~~~~~ December 15, 2009 `~ ~ /~ ~4GIttpR~~ Adopted (4.6 600-60) RESOLUTION NO. 181 - 09 APPROVING PARCEL MAP 9827 AND TRACT IMPROVEMENT AGREEMENT PARCEL MAP 9827, FALCON GATEWAY Adopted (4.7 600-60) RESOLUTION NO. 182 - 09 APPROVING FINAL MAP FOR TRACT 8034, NEIGHBORHOOD "B2" POSITANO/FALCON VILLAGE and RESOLUTION NO. 183 - 09 RECORDING A TRANSFER OF COMMUNITY PARKLAND CREDITS ORIGINALLY CALCULATED IN CITY COUNCIL RESOLUTION 58-08 and RESOLUTION NO. 184 - 09 ACCEPTING PARKLAND DEDICATION CREDITS FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 8034 Adopted (4.8 600-30) RESOLUTION NO. 185 - 09 APPROVING THE SELECTION OF WILLDAN FINANCIAL SERVICES, INC. TO UPDATE EASTERN DUBLIN FISCAL ANALYIS Approved (4.9 300-40) the Warrant Register. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Alameda County East County Hall of Justice (ECHOJ) Site Development Review Amendment and CEQA Addendum, PA 02-030 7:35 p.m. 6.1 (410-30/400-20) Mayor Sbranti opened the public hearing. DUBLIN CITY COUNCIL MINUTES a VOLUME 28 `~oF~ REGULAR MEETING a; Y ;ir December 15, 2009 ~~~'~~j// ~c~roe~m Ms. Kristi Bascom of Plan B Consulting, presented the Staff Report and advised that the original East County Hall of Justice (ECHOJ) Site Development Review approval was granted by the City Council in November 2004 (City Council Resolution 220-04). Since that time, Alameda County had reassessed their needs for the facility and had redesigned the project. Overall, the project site remained the same, although the building placement was slightly different due to the change in building footprint and configuration. All concerns related to the November 16, 2009, Joint City Council and Planning Commission Study Session had been addressed. No testimony was received by any member of the public relative to this item. Cm. Hart expressed concern of visibility of the berm exit to Santa Rita Road as it relates to the security from recently released inmates from Santa Rita Jail. Alameda County Representative Jim Kachik clarified the location of the berm in question and thanked the City Council for the opportunity to have the Study Session which clarified all issues prior to the presentation. Mayor Sbranti closed the public hearing. On motion of Cm. Biddle, seconded by Cm. Hart and by unanimous vote (Cm. Scholz absent), the City Council adopted RESOLUTION NO. 186-09 CERTIFYING THAT THE CITY COUNCIL REVIEWED AND CONSIDERED THE CEQA ADDENDUM FOR THE EAST COUNTY HALL OF JUSTICE DATED NOVEMBER 30, 2009 PA 02-030 and RESOLUTION NO. 187- 09 APPROVING PA 02-030, A SITE DEVELOPMENT REVIEW AMENDMENT TO CONSTRUCT A 196,219 SQUARE FOOT BUILDING COMPRISED OF COURTROOMS, OFFICES, AND ASSOCIATED FACILITIES ON 21.77 ACRES LOCATED ON THE NORTH SIDE OF GLEASON DRIVE BETWEEN MADIGAN ROAD AND ARNOLD DRIVE, AND APPROVING THE ASSOCIATED AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE DUBLIN CITY COUNCIL MINUTES s VOLUME 28 `~oeDU~ REGULAR MEETING i~~~,~ December 15, 2009 ~~ ~ ~~ Introduction of Ordinance Repealing Current Chapter 5.104 and Adding New Chapter 5.104 to the Dublin Municipal Code Related to Newsracks, Addressing the Installation of City-Owned Newsracks 7:54 p.m. 6.2 (660-60) Mayor Sbranti opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that the City Council would consider an Ordinance repealing current Chapter 5.104, Newsracks, and adding Chapter 5.104, Newsracks, of the Dublin Municipal Code to address the City's plan to move to a system of City-owned newsracks. In the first phase of the program, privately-owned newracks on Dublin Boulevard would be replaced by newracks purchased by the City with grant funds. The City would take responsibility for repairing and maintaining the City-owned newracks. In future phases, the City would replace all remaining privately-owned newracks located in public rights of ways with City-owned and maintained newracks. No testimony was received by any member of the public relative to this issue. Cm. Biddle inquired on the availability of other options as opposed to the specific models of newracks being presented. Ms. Morton responded as the demand for publications changed, the newracks could also be modified. Mayor Sbranti closed the public hearing. Cm. Hart commented on the practicality of this project due to the likelihood of hardcopy media being eliminated as opposed to electronic media online availability. City Manager Pattillo stated that the first phase of this project was fully funded through grant funding. Subsequent phases would be fiscally re-evaluated. Vm. Hildenbrand commented on the benefit of the beautification element that this project offered Dublin Boulevard. Mayor Sbranti stated that this was a benefit for not only for the City but for all publications showcasing. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz absent), the City Council introduced an Ordinance Repealing current Chapter 5.104 of the Dublin Municipal Code related to Newsracks and Adding Chapter 5.104 relating to Newsracks; and adopted DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ,~o~~~ REGULAR MEETING 19;~~~~,~ December 15, 2009 ~~ ~c~FOe~s RESOLUTION NO. 188 - 09 AMENDING RESOLUTION 49-06 TO REVISE THE ADOPTED FEE SCHEDULE AND ADD A PERMIT FEE FOR LOCATING WITHIN ACITY-OWNED NEWSRACK Public Hearing: Review of Engineering Survey Results and Establishment of Speed Limit for Dougherty Road 8:06 p.m. 6.3 (590-20) Mayor Sbranti opened the public hearing. Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that this was the first reading of a proposed ordinance which would establish a new speed limit of 40 mph on Dougherty Road between Scarlett Drive/Park Sierra and Dublin Boulevard, since an updated engineering and traffic survey supports a speed limit other than what was currently posted. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Cm. Biddle stated the speed limit would be consistently 40 mph along this stretch of Dougherty Road which seemed appropriate to make the change in speed limit. Cm. Hart commented this was an administrative change that assisted the Dublin Police Services in effectively doing their job at this specific location. On motion of Vm. Hildenbrand, seconded by Cm Hart and by unanimous vote (Cm. Scholz absent) the City Council introduced an Ordinance amending the Dublin Traffic Code to Establish a New Speed Limit on Certain Portions of Dougherty Road (Scarlett Drive/Park Sierra to Dublin Boulevard). UNFINISHED BUSINESS Dublin Transit Center Public Art Project Update 8:10 p.m. 7.1 (600-30) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council had a high priority objective for Fiscal Year 2009-2010 to "Work with the developer to locate significant works of art in two key places of the Dublin Transit Center, the DUBLIN CITY COUNCIL MINUTES 7 VOLUME 28 ~~F~ REGULAR MEETING ~„`~` ~~;, December 15, 2009. 1~`~~~ j~ ~t,AOR~ Campbell Green and the Iron Horse Plaza". The City Council received an update on the Transit Center Public Art Project. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz absent), the City Council accepted an offer from Avalon Bay Development to contribute $50,000 for artwork for the median strip adjacent to Campbell Green; directed Staff to include conditions related to the artwork contribution in the Development Agreement for the Avalon Bay Site C project; and prepared an amendment to the Agreement with artist Cliff Garten to delete the requirement to prepare a design for the median strip adjacent to Campbell Green. Follow-Up Regarding Dublin Ranch Safety and Evaluation of Current Neighborhood Trafi•ic Safety Program 8:16 p.m. 7.2 (590-90) Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that this item was a follow-up item to the December 2, 2008, and February 17, 2009, agenda items related to traffic safety. This report reviewed current procedures for evaluating neighborhood traffic safety and re-evaluated the need for a crossing guard at North Dublin Ranch Drive/Oak Bluff Lane/Groveland Lane. This item sought direction from City Council on whether to proceed with a pilot program to evaluate the effectiveness of speed feedback signs. Cm. Biddle asked for clarification of location of traffic monitoring devices. Ms. Bourgeois responded that Dublin Police Services had a speed feedback trailer that was rotated in various locations in the City. However, the proposed monitoring devices to be implemented would be permanent installations at each location referenced, for a total of six devices. Vm. Hildenbrand asked if specific locations of such traffic monitoring devices were typically located near schools. Ms. Bourgeois responded that other jurisdictions might place them at any roadway segment or at city boundaries. Vm. Hildenbrand noted a specific area of concern was South Dublin Ranch Drive approaching North Dublin Ranch Drive and asked for consideration of the traffic monitoring devices placed at this location. City Manager Pattillo stated the traffic study evaluation would be brought back for consideration under the Fiscal Year 2010-2011 Budget and would include this specific site. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~o~~ REGULAR MEETING ~„ ~~, December 15, 2009 '~~~~~ ~u,FOU~~ Vm. Hildenbrand added that providing traffic monitoring at this specific location would hopefully change the driving behaviors that have been taking place. Mayor Sbranti asked for clarification of specific traffic study locations and if signs were fixed speed feedback signs versus a portable speed feedback trailer. Ms. Bourgeois clarified that these devices would be fixed to a pole and solar powered. Included in the study would be before and after statistics to further identify if this would prove to be an effective traffic calming measure. Mayor Sbranti stated his interest would be to conduct further study in both portable and fixed devices and have the data to substantiate whether to implement either systems or none at all, in the Fiscal Year 2010-2011 Budget. City Manager Pattillo suggested to the City Council that Staff could come back with recommendations on renewable energy alternatives for the portable devices in addition to the stationary pole devices. Cm. Hart complimented Staff on the thorough report for this traffic safety program. City Manager Pattillo provided clarification on Staff recommendations with the addition of researching costs on a renewable energy speed monitoring trailer. The City Council directed Staff to: continue with its current program when responding to neighborhood traffic safety requests; did not recommend the placement of a crossing guard at North Dublin Ranch Drive/Oak Bluff Lane/Groveland Lane; implement signing and striping improvements at Antone Way/Bridgepointe Lane; and would consider, with the Fiscal Year 2010-2011 budget, development of a Capital Improvement Program project to implement a Citywide speed feedback sign pilot program. Municipal Financing District Partnership 8:45 p.m. 7.3 (530-10) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider adopting a resolution indicating that the City of Dublin intended to partner with the County of Alameda and the City of Piedmont in a municipal financing district. The City Council would also consider directing Staff to prepare a future report outlining participation in the CaliforniaFIRST municipal financing district program. Mayor Sbranti asked for clarification of funding specifics and how residents would participate in this program once implemented. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~oF~,~. REGULAR MEETING i;~~~;~ December 15, 2009 `~ ~ ~~ ~'1GIFOB~~` Mr. Bradley responded that community workshops would be held initially to educate residents on participation. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the City Council adopted RESOLUTION NO. 189 - 09 PARTNERING WITH THE COUNTY OF ALAMEDA AND THE CITY OF PIEDMONT IN A MUNICIPAL FINANCING DISTRICT City Sponsorship of Earl Anthonv Memorial PBA Open 8:55 p.m. 7.4 (150-10) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council would consider sponsorship of the Earl Anthony Memorial PBA Open. Cm. Hart asked for the possibility of banner placement on Dougherty Road and/or San Ramon Boulevard, for additional advertising of this event. City Manager Pattillo provided history on the lack of structure presently capable of supporting a banner at the mentioned locations. On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote (Cm. Scholz absent), the City Council approved the sponsorship of the Earl Anthony Memorial PBA Open and approved the budget change. NEW BUSINESS Request to Initiate a General Plan Amendment Study to Modify the General Plan Land Use Designation of the Westernmost and Easternmost Portions of the Vacated Right-of-Way of Scarlett Court 9:04 p.m. 8.1 (420-30) Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider whether to authorize Staff to initiate a General Plan Amendment Study to provide a land use designation for the westernmost and easternmost portions of Scarlett Court which were recently vacated by the City Council. DUBLIN CITY COUNCIL MINUTES ~o VOLUME 28 of ~ REGULAR MEETING n;`~~ ``;~ December 15, 2009 '`~~~~ Gt~rne~m There were no questions or comments received from the City Council. On motion of Cm. Biddle, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the City Council adopted RESOLUTION NO. 190 - 09 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY FOR THE WESTERNMOST AND EASTERNMOST PORTIONS OF SCARLETT COURT Report on the Feasibility of a Dublin Farmers' Market 9:06 p.m. 8.2 (470-10) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the Dublin City Council established a Fiscal Year 2009-2010 Goal and Objective to "explore the feasibility of a farmers' market in Dublin." Staff had researched options and the cost associated with the establishment of a farmers' market and was seeking further direction from the City Council on this item. Vm. Hildenbrand clarified her desire to find a unique component of the City which would draw the crowd to a farmers' market and could the survey be distributed to all current a-mail groups to gain the largest community feedback. Ms. Maurer added the farmers' market could also have other community outreach components folded in. Initially the market would be planned for a seasonal time frame. Mayor Sbranti stated that in the initial year of holding a potential market, the City might have to provide monetary support to successfully launch the market. City Manager Pattillo stated that Staff would follow up with a full report of the survey results and the feasibility of moving forward with the farmers' market. The City Council directed Staff to move forward with the establishment of a Farmers' Market. City Councilmembers Dublin Pride Week Committee Appointments 9:27 p.m. 8.3 (150-80) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider appointing two of its members to the 2010 Dublin Pride Week DUBLIN CITY COUNCIL MINUTES 11 VOLUME 28 ,~ FD~ REGULAR MEETING 19;`~~~,~ December 15, 2009 `~ ~u,~oa~~ Committee for a limited term beginning January 2010 and ending December 2010. The Dublin Pride Week Committee plans and prepares this annual event, which sought to engage individuals and/or groups in action based activities to help improve the community. On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote (Cm. Scholz absent), the City Council discussed the appointment of Cm. Biddle and Vm. Hildenbrand to the Dublin Pride Week Committee and confirmed the appointments for the limited term of January 2010 through December 2010. City Council Emergency Operations Center (EOC) Training 9:29 p.m. 8.4 (520-30) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider holding a disaster preparedness training session for City Councilmembers to receive an overview of the Emergency Operations Center, the City's disaster response plan, and the City Councilmembers' roles during an emergency. The City Council would also consider providing Staff with a preferred date to hold the session. The City Council provided Staff with March 16, 2010 at 5:00 p.m. as the date for holding disaster preparedness training for City Councilmembers. ....~,.~ Environmentally Acceptable Food Utensils and Packaging Policy 9:31 p.m. 8.5 (530-10) Environmental Technician Jordan Figueiredo presented Staff Report and advised that the City Council would consider adopting a resolution requiring the use of environmentally acceptable food utensils and packaging at large City events. Cm. Biddle suggested consideration of expanding this policy to include facility rentals at a later time. City Manager Pattillo stated the City would look into implementing City practices to comply with this resolution and would continue to work with the Parks and Community Services Department on this item. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz absent), the City Council adopted RESOLUTION NO. 191 - 09 REQUIRING THE USE OF ENVIRONMENTALLY ACCEPTABLE FOOD UTENSILS AND PACKAGING AT LARGE CITY EVENTS DUBLIN CITY COUNCIL MINUTES ~2 VOLUME 28 G~~.~or~r,8~ REGULAR MEETING 19,~~~,~ December 15, 2009 ~~ ~ ~~ C''1GlFOR~~ 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) 9:39 p.m. Cm. Hart stated he attended the Dublin Unified School District Liaison meeting, the Associated Community Action Program meeting and the holiday party for the Alameda County Fire Department Advisory Commission. Cm. Biddle stated he attended the Annual Tree Lighting ceremony, the Employee Recognition Dinner, the Senior Center Holiday Party, Breakfast w/ Santa at the Shannon Center, the Heritage Center Tea and the TV30 Open House. Vm. Hildenbrand stated she attended Chamber Holiday Mixer, and the Livermore/Amador Valley Transit Authority meeting. Mayor Sbranti stated he attended the Chamber Holiday Mixer, the Employee Recognition dinner, the Annual Tree Lighting, Breakfast with Santa, the Heritage Center Tea, the Firehouse Open House, the Bay Bells concert, the California Constitution Workshop by the Alameda County Supervisors Office, the Alameda County Mayors Conference, and the Tri-Valley Council Meeting. Mayor Sbranti wished the residents of Dublin a safe and happy holiday season. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:56 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Dora Ramirez, Deputy City Clerk. ,~~ ~- ~~~ Mayor ATTEST: ~ ~~~'y~ City Clerk DUBLIN CITY COUNCIL MINUTES 13 VOLUME 28 ,~oF~ REGULAR MEETING 19,`~~~,~ December 15, 2009 ~~ ~4GIFpR~~