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Home My WebLink About11-04-2008 Adopted CC Min~F DU~~~ MINUTES OF THE CITY COUNCIL ``~ OF THE CITY OF DUBLIN „~~ ~// ADJOURNED REGULAR MEETING -November 4, 2008 ~;' a .<~.. CLOSED SESSION A Closed Session was held at 5:00 p.m., regarding: I. Conference with Rec Property: Agency negotiator: Negotiating parties: Under negotiation: ~l Property Negotiators (Government Code Section 54956.8) 5777 Scarlett Court, Dublin City Manager Hardy Management Company, Inc. and Pierce Hardy Limited Partnership Price and terms of payment A regular meeting of the Dublin City Council was held on Tuesday, November 4, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 5:32 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. i DUBLIN CITY COUNCIL MINUTES 1 VOLUME 27 `,~o~ w,~ ADJOURNED REGULAR MEETING 1~~~~~ November 4, 2008 \\\ '~ l/J Gc, ac's REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action was taken. ORAL COMMUNICATIONS Public Comments 5:32 p.m. 3.1 No comments were made by any member of the public at this time. i CONSENT CALENDAR 5:33 p.m. Items 4.1 through 4.9 City Manager Pattillo requested the deferral of Item 4.2., Acceptance of Street Improvements for Map 7125, Villas Apartments at Santa Rita (Security Pacific Corporation - Archstone Communities) for discussion at a future City Council meeting. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes -None Adopted (4.3 670-70) RESOLUTION NO. 194 - 08 APPROVING THE TRANSFER OF THREE PARCELS OF LAND TO THE STATE OF CALIFORNIA (CALTRANS) AS PART OF THE WIDENING OF DOUGHTERY ROAD AT I-580 DUBLIN CITY COUNCIL MINUTES 2 VOLUME 27 ~~ o~ ~~ ADJOURNED REGULAR MEETING m~~i~~~ November 4, 2008 \` '~ /// ~4GIFOR~~ Adopted (4.4 600-30) RESOLUTION NO. 195 - 08 APPROVING AN AGREEMENT WITH HCG, LLC, ENVIRONMENTAL CONSULTANTS, ON AN AS-NEEDED BASIS FOR OVERFLOW SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO PRIVATE DEVELOPMENT PROJECTS Adopted (4.5 700-40) RESOLUTION NO. 196 - 08 PRESCRIBING THE TIME & METHOD OF PAYING SALARIES AND WAGES AND RESCINDING RESOLUTION N0.25-86 Adopted (4.6 600-30) RESOLUTION NO. 197 - O8 AUTHORIZING STAFF TO EXECUTE AN AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR ACCOUNTING AND PERMIT SYSTEM SOFTWARE AND IMPLEMENTATION SERVICES (PROJECT # 93191) Adopted (4.7 350-20) RESOLUTION NO. 198 - 08 AUTHORIZING STAFF TO PURCHASE FROM DELL INC. COMPUTER SERVERS FOR ACCOUNTING AND PERMIT SYSTEM (PROJECT # 93191) Adopted (4.8 700-20/700-40) RESOLUTION NO.199-08 AMENDING THE CLASSIFICATION PLAN and DUBLIN CITY COUNCIL MINUTES 3 VOLUME 27 `~ o~ ~ ADJOURNED REGULAR MEETING i~~~~~ November 4, 2008 \~~,'~~ /// RESOLUTION N0.200 - 08 AMENDING THE SALARY PLAN -FULL-TIME and RESOLUTION N0.201- 08 AMENDING THE BENEFIT PLAN and RESOLUTION N0.202 - 08 ESTABLISHING MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE AND PRESCRIBING LEAVE BENEFITS FOR THE DESIGNATED POSITIONS Approved (4.9 300-40) the Warrant Register in the amount of $2,673,924.50. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS PA 08-005 Schaefer Ranch South -General Plan Amendment to Change the Existing Estate Residential and Retail/Office Land Use Designations to Single-Family Residential, Open Space and Public/Semi-Public Land Uses, and a Planned Development Rezone with Stage 2 Development Plan for an 81.3+/- Acre Area, a Development Agreement, and a California Environmental Quality Act (CEQA) Addendum to the Schaefer Ranch Environmental Impact Report 5:34 p.m. 6.1 (600-60/420-30/400-20/450-30) Mayor Lockhart opened the public hearing. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 27 ~~OFDp ADJOURNED REGULAR MEETING i~~~~s~ November 4, 2008 \~ '~' /% Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would hold a Public Hearing to consider the following: 1) a proposed General Plan Amendment to change the existing Estate Residential and Retail/Office land use designations to Single-Family Residential, Open Space and Public/Semi-Public land uses; 2) a Planned Development Rezone with Stage 2 Development Plan for an 81.3+/- acre area; 3) a Development Agreement; and 4) a CEQA Addendum to the Schaefer Ranch Environmental Impact Report. Doug Chen, Schaefer Ranch Holdings, developer of the project, stated the proposed project would increase overall open space, add trails, provide a needed day care, which would benefit Schaefer Ranch and the City. They were proposing to add 104 units, still 60-70 units below the threshold that was approved under the vested tentative map and General Map approval. John Milelli, Dublin resident, stated he would like to see a traffic mitigation measure in the area of the project. He asked that the City Council not approve the proposed project because of possible lack of water, no commitment to build a fire station,. increased traffic, political donation issues, limited retail, geologic hazards, and heritage trees removal. He asked the City Council to consider those issues. Mitch Sigman, School of Imagination owner, stated he wanted to express what the school meant to him and the three hundred students it served in the community. He thanked the City Council for supporting the school. Charleen Sigman, School of Imagination owner, stated the school was an inclusion school for children with speech and language delays, autism and other developmental disabilities. It was started eight years ago. They had served 2,500 children in seven temporary locations and were looking for a permanent location. Vm. Sbranti asked if there would be any study regarding lighting on the frontage road on Dublin Boulevard, from Silvergate to Brigadoon. Director of Public Works Melissa Morton stated it was not currently included in the conditions, but they were working on what it would cost to hang electro leers off of the existing poles. The City was waiting for information from Pacific Gas & Electric Company. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 27 ~~oeo~~ ADJOURNED REGULAR MEETING i~~~~a~ November 4, 2008 \~ '~ %~ Gc~FOR~ Mayor Lockhart stated, in regard to comments made by an earlier speaker, in the City of Dublin, the most you could get from any one contributor was $300. There were no campaign donations that pushed this project forward. Providing a home for anon-profit organization or providing additional homes in Schaefer Ranch had nothing to do with campaign contributions. As for the trees that had been taken out of the ravine, they had not been heritage trees. The new homes would not affect trees. The blasting that had been done had been on solid rock. The fire station issue would be resolved one way or the other. With the addition of the 104 homes, the two year time period was to determine if a fire station was needed on the site, and the City would act accordingly. There had been City Council discussion previously regarding this project. What they were looking at tonight was a reuse for part of that development that had already been approved. The school would benefit children from all over the community. For all those reasons, she supported the development agreement, and thanked Discovery Homes. Vm. Sbranti stated that the traffic/environmental studies had been done with a project size of 474 units. From a traffic and fiscal resource standpoint, it worked. There were not enough residents to make retail very viable there. There would still be some estate homes. This part of the project would increase open space and trails. The size of the lots was an average of 7,000 square feet, larger than what was being developed in the City. At a ratio of 35-45% lot coverage, there would be larger yards at lower density, which the City Council had been discussing. Those were reasons to move forward with this project. Cm. Hildenbrand stated funds from this development would be provided to the City for the Heritage Park. This allowed the City to move forward with funds for a project on the west and allow the City to move forward with the park. Cm. Scholz stated she supported the analogy and review the Mayor had given to the item. Mayor Lockhart closed the public hearing. Cm Oravetz stated he supported the comments previously made by the Councilmembers. On motion of Cm. Oravetz, seconded by Vm. Sbranti and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES 6 VOLUME 27 woe ADJOURNED REGULAR MEETING 19;~~~~~ November 4, 2008 \\~ '~ G1G/FpR~~~ RESOLUTION N0.203 - 08 ADOPTING A CEQA ADDENDUM TO THE 1996 SCHAEFER RANCH FINAL ENVIRONMENTAL IMPACT REPORT; AND WAIVE READING AND INTRODUCE ORDINANCE APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN; AND WAIVE READING AND INTRODUCE ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND SCHAEFER RANCH HOLDINGS LLC and; RESOLUTION N0.204 - 08 AMENDING THE CITY OF DUBLIN GENERAL PLAN TO CHANGE THE EXISTING ESTATE RESIDENTIAL, SINGLE-FAMILY RESIDENTIAL, AND RETAIL/OFFICE LAND USE DESIGNATIONS TO SINGLE-FAMILY RESIDENTIAL, OPEN SPACE, AND PUBLIC/SEMI-PUBLIC LAND USE DESIGNATIONS and; waived the reading and INTRODUCED an Ordinance Approving a PD-Planned Development Rezone with Stage 2 Development Plan; and waived the reading and INTRODUCED an Ordinance Approving a Development Agreement between the City of Dublin and Schaefer Ranch Holdings LLC. Fallon Crossing Development Agreement between the City of Dublin and Standard Pacific Corp. 6:08 p.m. 6.2 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that the City Council would consider a Development Agreement between Standard Pacific Corporation and the City of Dublin. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 27 `~oF~ ADJOURNED REGULAR MEETING i~~~~az November 4, 2008 ~ ~~~ No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Scholz, seconded by Cm. Hildenbrand and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance Approving the Development Agreement for PA 04-016 Fallon Crossing between the City of Dublin and Standard Pacific Corporation. The Green on Park Place, PA 07-019 - Development Agreement between the City of Dublin and StockbridgeBHV Emerald Place Land Company for The Green on Park Place Retail Center Project 6:11 p.m. 6.3 (600-60) Mayor Lockhart opened the public hearing. Planning Consultant Kristi Bascom presented the Staff Report and advised that the City Council would consider a Development Agreement between the City of Dublin and StockbridgeBHV Emerald Place Land Company for The Green on Park Place Retail Center Project. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance Approving a Development Agreement between the City of Dublin and StockbridgeBHV Emerald Place Land Company for The Green on Park Place Retail Center Project. DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~ or ~, ADJOURNED REGULAR MEETING nip ~~~ November 4, 2008 1\\\~'~~/~ ~, Positano Affordable Housing Agreement and Anderson Development Agreement 6:13 p.m. 6.4 (600-60/430-80) Mayor Lockhart opened the public hearing. Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would hold a public hearing to consider approving the following: 1) amendment No. 2 to the Affordable Housing Agreement for the First Phase of Positano; 2) an Affordable Housing Agreement to address the Inclusionary Zoning obligation for the remainder of Positano; and 3) a Development Agreement for the 108-unit residential project on the Anderson property. Vm. Sbranti asked why the Affordable Housing agreement had come back to the Council so many times. Mr. Baker stated refinements to the project had been developer driven. There had been problems marketing the very low income units and finding home buyers. City Attorney John Bakker stated one of the difficulties with this project was that it was an off-site project. The ordinance required that the affordable units be built concurrently with the market rate units. There had been difficulty coming up with a mechanism that worked for everyone to secure the completion of the off-site project at a similar time as the market rate units were constructed. Vm. Sbranti stated it appeared much Staff time had been devoted to these changes. Cm. Hildenbrand stated that one of the times the affordable units had been reviewed was when she had asked that the apartments be a mixed use project. There had been Council driven requests. Cm. Oravetz asked if the affordable homes in the Toll Brother Homes project were selling. Community Development Director Jeri Ram stated in the Toll, Area G, Terraces/Villas, there had been some resales that were available. The market was ever evolving and there DUBLIN CITY COUNCIL MINUTES 9 VOLUME 27 ~°~ W ADJOURNED REGULAR MEETING 19;` C~* November 4, 2008 ``~'~~~ 4GIPl7R~ was an evening out of current market rate units versus the resale of the below market rate units that were for sale. Mr. Bakker stated there was a compression between the price of a market rate unit and the price of a restricted market unit. One of the moderate units in the Terraces project had sold for significantly less that the restricted price. The Toll Brothers Sorrento project did not have any affordable units because credits had been obtained from the Fairway Ranch project. Ms. Ram stated Staff was aware that there were some difficulties and Staff would be bringing the ordinance back to Council after some revisions to the Inclusionary Regulations and Laypersons Guide. Mayor Lockhart stated no one could have foreseen what had happened in the market the last few months. She stated the granny-flats at the Positano project were beautiful. She thanked Braddock and Logan for putting much effort into those units. Jeff Lawrence, Braddock and Logan, stated there had been a large amount of Staff time on this project. They had come up with a Phase I Affordable Agreement, and had agreed to postpone a subsequent agreement to cover the remainder of the lots. Then the Anderson project came forward with affordable units based on the affordable. There had been market changes contributing to more changes. The most complicated part of the project was that it was over a thousand unit project. There was still a lot of work remaining. The primary complication was trying to adhere to the 12-1/2% of affordable units while building the project. Through the hard work they had come up with something they felt would work and the City Council could support. Mr. Croak, owner of property in Dublin, asked what would be the difference in timing in terms of the unit buildout at Positano of the punch through, loop road to the existing Croak Road, and then the requirement to pull utilities to the Anderson site. Mr. Baker stated the proposed project would not change the timing for the additional improvements. It would not change the timing for the infrastructure improvements. Mr. Croak asked if the 756th unit permit would require the completion of the Anderson project under the same terms as the existing agreement. DUBLIN CITY COUNCIL MINUTES io VOLUME 27 .~~~D~'e ADJOURNED REGULAR MEETING i;~~~~~ November 4, 2008 ~\ '~ ~'~GIFC)R~~ Mr. Baker stated they were not tied together when certain improvements needed to be Positano. Those were still set. There were requirements on the map as to done to provide the secondary access to Mayor Lockhart stated the project had taken a little extra time and effort and was the largest project at this time. Staff and the developers were finding a way to work through all of the issues, work for affordable housing, and work for those investing in our community. Cm. Hildenbrand stated citizens had asked if this was part of Dublin Ranch; the developers might want to identify it as Fallon Village, part of the Positano Development. On motion of Vm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council adopted RESOLUTION N0.205 - 08 APPROVING AMENDMENT N0.2 TO THE AFFORDABLE HOUSING AGREEMENT FOR THE FIRST PHASE OF POSITANO TO INCLUDE A TOTAL OF 416 LOTS AND MODIFY THE UNIT MIX AND INCOME AFFORDABILITY LEVEL OF THE INCLUSIONARY UNITS WITHIN THE FIRST PHASE (PA 05- 038 AND PA 07-005) and adopted RESOLUTION N0.206 - 08 APPROVING A SUBSEQUENT PHASE AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN RE INVESTORS, LLC FOR THE PORTION OF POSITANO THAT IS OUTSIDE THE FIRST PHASE AFFORDABLE HOUSING AGREEMENT (PA 05-038 AND PA 07-005) and waived the reading and INTRODUCED an Ordinance Approving a Development Agreement between the City of Dublin and Dublin RE Investors LLC for the Northern 7- Acres of the Anderson Property (APN 905-0006-001) PA 07- 037. UNFINISHED BUSINESS -None NEW BUSINESS -None DUBLIN CITY COUNCIL MINUTES i i VOLUME 27 `~ o~ ~~ ADJOURNED REGULAR MEETING ,,; ~ ~~ November 4, 2008 '`\~~~j~ Gc~FOR~m 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) 6:41 p.m. City Manager Joni Pattillo stated there would be a celebration for the Helen Putnam Award on November 6 at the Martinelli Center in Livermore. There would be a winter concert series starting on November 9th at the Dublin Senior Center. City Offices would be closed on Tuesday, November 11 in observance of Veteran's Day. There would also be a Senior Health Summit on November 12 at the Senior Center. Cm. Scholz stated she would be attending the Library Commission in Fremont. It was a very valuable learning experience and she enjoyed it. She would recommend that the incoming Mayor offer it to an incoming Councilmember. Mayor Lockhart stated she had attended the Pleasanton Veteran's Parade, which was a terrific hometown parade. She congratulated all the citizens of Dublin that had participated in this election season. She asked the City Manager to explain the election timing issues starting November 6. City Manager Pattillo stated the certification process of the election would not take place until it was certified by the Alameda County Registrar of Voters. There would be a Special City Council Meeting on December 2, at which time the election results would be certified by the City Clerk. Also at that meeting, the outgoing City Councilmembers would be recognized. The new Councilmembers would be sworn in and the meeting would be adjourned to a 6:00 p.m. reception. At 7:00 p.m., the new City Council could be seated for the Regular meeting. ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 6:48 p.m. in memory of our fallen troops. DUBLIN CITY COUNCIL MINUTES is VOLUME 27 ~o~ ADJOURNED REGULAR MEETING 19,~C,'~~~~ November 4, 2008 ~\ ~4GII~R~~ Minutes prepared by Caroline P. Soto, City Clerk ~~~C.T1~,~...-(ti Mayor j~ jam.: ATTEST: (,..1' ~a ~d~ ~iyf~ City Clerk ~-,.. DUBLIN CITY COUNCIL MINUTES i VOLUME 27 o~ ADJOURNED REGULAR MEETING i9,`~ ~ ~~~ November 4 2008 ~~ ~~~~ / Gc ~~