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Home My WebLink About11-18-2008 Adopted CC Min/OF DU.~~ MINUTES OF THE CITY COUNCIL ~ ~ ``` OF THE CITY OF DUBLIN - -~ sz ~ l~ REGULAR MEETING -November 18, 2008 ~;~ ~ _.~.. CLOSED SESSION A closed session was held at 6:30 p.m., regarding: Conference with Rec Property: Agency negotiator: Negotiating parties: Under negotiation: A regular meeting of the Dublin City Council was held on Tuesday, November 18, 2008, 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 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. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 27 ~~ or ~, REGULAR MEETING ~~~~°~ November 18, 2008 \\~ '~ /~ ~'1GIFOY=~~~ rl 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 REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action was taken. ORAL COMMUNICATIONS Introduction of New Employee: Dora A. Ramirez, Secretary to the City Manager/Deputy City Clerk 7:01 p.m. 3.1 (700-10) The Mayor and City Council welcomed Dora Ramirez i Recognition of the Participants of the 2008 City of Dublin 101 Academy 7:05 p.m. 3.2 (150-80) Assistant City Manager Chris Foss presented the Staff Report and advised that the City Council would recognize the participants of the 2008 Dublin 101 program. Mayor Lockhart presented the Certificates of Recognition to the participants. Public Comments 7:10 p.m. 3.3 Albert Acker, City resident, addressed Council in opposition to receipt of a code violation. Mayor Lockhart referred him to the Code Enforcement Officer. City Manager Joni Pattillo offered to have Community Development Director Jeri Ram respond. DUBLIN CITY COUNCIL MINUTES a VOLUME 27 of v U REGULAR MEETING ~„~~~`;~ November 18, 2008 1~\~'~~ `IGIf~OR~ CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.11 On motion of, Cm. Oravetz, seconded by Vm. Sbranti, and by unanimous vote, the Council removed Item 4.6 for clarification and took the following actions: Approved (4.1) Minutes of September 16, 2008 and October 7, 2008; Adopted (4.2 600-60/450-30) ORDINANCE N0.37-08 APPROVING A PD-PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS SCHAEFER RANCH SOUTH (APN's 941-2832-031 to 032, 941-2835-001 to 003, and 052 to 075, and 941- 2837-002 to 003, and 010 to 021) PA 08-005 and; ORDINANCE N0.38-08 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND SCHAEFER RANCH HOLDINGS LLC (APN's 941-2832-027 to 028, and 941-2835-001 to 003, and 052 to 075, and 941-2837-010 to 021) PA 08-005 Adopted (4.3 600-60) ORDINANCE N0.39-08 APPROVING THE DEVELOPMENT AGREEMENT FOR PA 04-016 FALCON CROSSING BETWEEN THE CITY OF DUBLIN AND STANDARD PACIFIC CORPORATION DUBLIN CITY COUNCIL MINUTES 3 VOLUME 27 `~oF~ REGULAR MEETING r~~i'i~a~ November 18, 2008 ~\ '~ /~ ~'1G/FOR~l~ Adopted (4.4 600-60) ORDINANCE N0.40-08 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY FOR THE GREEN ON PARK PLACE RETAIL CENTER PROJECT APN's 986-0033- 002 AND 986-0033-003 PA 07-019 Adopted (4.5 600-60) ORDINANCE 41-08 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 Received (4.6100-80) (Removed from Consent Calendar and approved separately.) Fiscal Year 2008-2009 Goals & Objectives Status Report and CIP Schedule; Cm. Hildenbrand highlighted the Greenhouse Gas Inventory for the City, identifying and providing disaster preparedness information, and invited the Community to review the report. She requested that a flyer be sent home with school students. Vm. Sbranti stated that the report is on line and requested status reports be included. City Manager Joni Pattillo stated that status updates would be included and posted on the City's web site. On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, the Council received the report. DUBLIN CITY COUNCIL MINUTES a VOLUME 27 `~~~~ REGULAR MEETING i'~~~~~ November 18, 2008 ~~ '~ /~ Gc~FOU~m Adopted (4.7 600-35) RESOLUTION N0.207-08 APPROVING AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J), FOR CITYWIDE STREET STORM DRAIN CONDITION ASSESSMENT, PHASE II Adopted (4.8 600-30) RESOLUTION N0.208-08 APPROVING AGREEMENT WITH EAST BAY POOL SERVICE FOR POOL MAINTENANCE SERVICES Adopted (4.9 600-35) RESOLUTION N0.209-08 APPROVING CONSULTING ENGINEERING SERVICES AGREEMENT WITH FEHR & PEERS TO PERFORM GENERAL TRAFFIC ENGINEERING SERVICES Received (4.10 330-50) financial statements as of June 30, 2008 authorized by Section 41004 of the California Government Code. Approved (4.11 300-40) the Warrant Register in the amount of $974,305.38. WRITTEN COMMUNICATIONS -None DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~~pFpp REGULAR MEETING 1~~~~~ November 18, 2008 `~ '~ ~4G1FpR~~ PUBLIC HEARINGS Amendment of Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) 7:25 p.m. 6.1 (560-90) Mayor Lockhart opened the public hearing. Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider amending its Smoking Pollution Control Ordinance to require that 50% of units in new and existing multi-unit rental residences of 16 units or more be designated as non-smoking within a 24-month period. The proposed ordinance would prohibit smoking within 20 feet of windows, doors, and vents of non-smoking units. The proposed ordinance would also require that apartment complexes disclose to prospective tenants the number and location of smoking and non-smoking units within a complex, location of any smoking areas, and any procedures for addressing smoking- related complaints. The City Council would also consider, as part of the proposed ordinance, prohibiting smoking in common outdoor areas of multi-unit rental complexes. He concluded his presentation by stating that, at the conclusion of a 24 month period, the City Council would revisit the Ordinance and decide whether to increase the requirement to designate 50% of the units as non-smoking to 70%. The following individuals spoke in support: Bruce Fiedler, representing the Multifamily Dwelling Taskforce and Housing Committee Member Timothy May, Dublin resident Paul Cummings, Alameda County Public Health Department Lindsay Space, Dublin resident Serena Chen, American Lung Association Albert Acker, Dublin resident Mayor Lockhart closed the public hearing. Councilmembers spoke in support and thanked the Multifamily Dwelling Taskforce and Housing Committee and staff for their effort. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 27 `~~oe ~,~ REGULAR MEETING 1~~~~~ November 18, 2008 \~ '~ %~ Gt~~oR~m Cm. Hildenbrand spoke in support of increasing the 50% designation of units to 70%. Mayor Lockhart spoke in support and thanked the American Lung Association for bringing the issue to the attention of the City Council and requested the City Manager advise the Council if exceptions are made by property owners. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti, and by unanimous vote, the Council deliberated, waived reading and INTRODUCED Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. Croak and Jordan Medium Density: General Plan and Eastern Dublin Specific Plan Amendment to Require 50% of the Units within the Medium Density Land Use Designation on the Croak and Jordan Properties Provide Private Yards, and a PD - Planned Development Rezone with Amended Stage 1 Development Plan to Establish Revised Private Yard Standards within the Medium Density Land Use Designation on the Croak and Jordan Properties, PA 07-056 7:45 p.m. 6.2 (420-30/410-55/450-20) 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 the proposed General Plan Amendment and Eastern Dublin Specific Plan Amendment to require 50% of the units in the existing Medium Density land use designation on the Croak and Jordan properties to include private yards, and a PD -Planned Development Rezone with amended Stage 1 Development Plan to create development standards that require 50% of the Medium Density units on the Croak and Jordan properties to provide private, flat yards with a minimum dimension of 18' x 18' and a minimum of 400 square feet. Cm. Hildenbrand noted that only the Croak and Jordan properties are being reviewed. Senior Planner Baker responded that only the Croak and Jordan properties are being reviewed at this time because a majority of the property in Eastern Dublin has previously been granted approval. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 27 `~oF~r,~ REGULAR MEETING i~"'~~si November 18, 2008 \\~ '~' %/ ~4LIFOR~~ No testimony was received by any member of the public relative to this issue. Vm. Sbranti spoke in support and requested that in the future, if applications expire, the density be reviewed. Cm. Hildenbrand spoke in support, specifically of more single-family detached units with private usable back yards, citing preserving open space and housing variety. Cm. Oravetz and Scholz spoke in support. Mayor Lockhart spoke on the benefit of multi-family housing to provide diversity and in support of this amendment to serve the residents of Dublin. Mayor Lockhart closed the public hearing. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand, and by unanimous vote, the Council adopted RESOLUTION N0.210 - O8 AMENDING THE CITY OF DUBLIN GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN TO REQUIRE THAT 50% OF THE UNITS WITHIN THE MEDIUM DENSITY LAND USE DESIGNATION ON THE CROAK AND JORDAN PROPERTIES PROVIDE PRIVATE YARDS (APN 985-0027-007, 905- 0002-001, AND 905-0002-002) PA 07-056 and waived reading and INTRODUCED Ordinance Approving a PD-Planned Development Rezone with Amended Stage 1 Development Plan to Establish Revised Development Standards for Private Yards within the Medium Density Land Use Designation on the Croak and Jordan Properties (APN 905-0002-001, 905-0002-002, and 985-0027-07) PA 07-056. DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ,~or~~ REGULAR MEETING ~9'~~~`~ November 18, 2008 \\\ '~ /~ ~4G11'C~R~~~ Ordinance Adding Chapter 5.66 to Title 5 (Public Welfare) to the Dublin Municipal Code relating to Maintenance of Foreclosed Residential Properties 8:00 p.m. 6.3 (600-60) Mayor Lockhart opened the public hearing. Community Development Director Jeri Ram presented the Staff Report and advised that the City Council would consider adopting an Ordinance adding Chapter 5.66 to the Dublin Municipal Code which would require maintenance of foreclosed residential properties in the City of Dublin to maintain community standards. Her presentation included the noticing provisions included in the Ordinance. No testimony was received by any member of the public relative to this issue. Vm. Sbranti spoke in support and requested clarification of the abatement process. City Attorney John Bakker responded that this Ordinance relates to bank owned property. Cm. Hildenbrand spoke in support. Community Development Director Ram stated that Banks are aware of Senate Bill 1137 and are more reactive to maintaining property of foreclosed homes. Albert Acker spoke in support and suggested neighbors assist with maintaining yards of foreclosed homes. Mr. Acker was cautioned by Mayor Lockhart about going on private property. Mayor Lockhart closed the public hearing. On motion of Vm. Sbranti, seconded by Cm. Scholz, and by unanimous vote, the Council conducted public hearing, deliberated, waived reading and INTRODUCED Ordinance Adding Chapter 5.66 to Title 5 (Public Welfare) to the Dublin Municipal Code Relating to Maintenance of Foreclosed Residential Properties. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 27 woe REGULAR MEETING a,~~~~~ November 18, 2008 ~~ '~j' %~ ~4GIIbR ~ Amendments to the City of Dublin Inclusionary Zoning Regulations and Layperson's Guide, PA 08-041 8:10 p.m. 6.4 (450-20) Housing Specialist John Lucero presented the Staff Report and advised that the City Council would consider approving Amendments to the City of Dublin's Inclusionary Zoning Regulations to modify the method by which the sales price is calculated for inclusionary units from individual household income to fixed income, and household-size assumptions within each of the two income levels (i.e., low and moderate); eliminate the requirement to build owner-occupied very-low income units; and amend the ratio for providing inclusionary owner-occupied units to be 60% for moderate units and 40% for low income units; and amend the Layperson's Guide to be consistent with current market conditions and the inclusionary regulations. Councilmembers discussed sales and rental prices of owner-occupied inclusionary units and requested clarification of impact of this Ordinance on existing development. Housing Specialist Lucero responded that units would be priced based on a designated income point that would be affordable to a greater range of households in each income category. City Attorney John Bakker clarified that the Ordinance will establish set sales prices based on fixed income and household size assumptions, which will benefit Developers in marketing units. He also clarified the Resale Restriction Agreement provision of the Ordinance. George Zika, Dublin resident, requested clarification of any rent controls. Housing Specialist Lucero responded that rental provisions are included in the Ordinance. On motion of Cm. Scholz, seconded by Cm. Hildenbrand, and by unanimous vote, the Council conducted the public hearing, deliberated, waived reading and INTRODUCED Ordinance amending Chapter 8.68 of the Dublin Municipal Code (The Inclusionary Zoning Regulations) relating to Establishing Fixed Sales Prices for Owner-Occupied Inclusionary Units; Eliminating the Requirements to construct Owner-Occupied Very- DUBLIN CITY COUNCIL MINUTES io VOLUME 27 `~oeou~ REGULAR MEETING 1~~~~~ November 18, 2008 \\~ '~ /~ Low Income Units; and, Altering the For-Sale Inclusionary Unit Income Ratios (PA 08- 041); and adopted RESOLUTION N0.211-08 REPEALING RESOLUTION N0.94-04 AND APPROVING GUIDELINES TO THE INCLUSIONARY ZONING ORDINANCE REGULATIONS; AUTHORIZING THE CITY MANAGER TO SUBSEQUENTLY AMEND THE GUIDELINES; AND, AUTHORIZING THE CITY MANAGER TO EXECUTE RESALE RESTRICTION AGREEMENTS THAT ARE CONSISTENT WITH THE COUNCIL-APPROVED GUIDELINES Recess: 7:35 Reconvened: 7:50 UNFINISHED BUSINESS Draft Parks and Community Services Strategic Plan 8:40p.m. 7.1 (100-80) Assistant Director of Parks and Community Service 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 Department programs and services, and develop a Strategic Plan to guide the expansion of the Department over the next ten years. The needs assessment had been completed. Staff had prepared a draft Strategic Plan for the City Council's consideration. Vm. Sbranti requested clarification of the development of strategic goals and determination of projects for each goal. Assistant Director of Parks and Community Service McCreary responded that goals are not prioritized but are reviewed on a whole annually. DUBLIN CITY COUNCIL MINUTES i i VOLUME 27 ~~~ of ~~ REGULAR MEETING a,~~~~~ November 18, 2008 \~ '~ %~ cam, ~m On motion of Vm. Sbranti ,seconded by Cm. Hildenbrand, and by unanimous vote, the City Council received the report and adopted Parks and Community Services Strategic Plan. Update on Impacts to the Adopted Fiscal Year 2008-2009 City Budget and Financial Plan from the State Budget and Economic Downturn 9:05 p.m. 7.2 (330-80) City Manager Joni Pattillo spoke on the intent to inform the Council of the economics of the City and on the commitment to plan proactively. Administrative Director Paul Rankin presented the Staff Report and advised that current economic conditions, as well as the status of the State Budget, are likely to impact the City of Dublin. The adopted Fiscal Year 2008-2009 Budget was prepared with assumptions that appear to be different than what was known after the first four months of operations. Staff offered a preliminary analysis of the impacts. City Manager Joni Pattillo spoke on recommendations to identify areas to reduce costs without having substantial impact on service levels. Vm. Sbranti suggested suspending the Council goal to update the Municipal Code as a cost savings measure and requested additional review of the recommendation to eliminate funding for the Dublin Unified School District Groundskeeper. He also recommended caution when increasing fees to keep competitive and attract businesses to Dublin. Cm. Hildenbrand also spoke on concerns related to eliminating funding for the Dublin Unified School District Groundskeeper. Cm. Oravetz recommended review of all services to evaluate expenses, and defer services that do not benefit the residents. Cm. Scholz recommended being very realistic at this point and requested review of impacts to City services when positions are frozen. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 27 ~,~o~~ti~ REGULAR MEETING 1~~~~~ November 18, 2008 ~\ ~ %/ rte, ~s City Manager Pattillo clarified that consideration of the impacts of eliminating funding for the Dublin Unified School District Groundskeeper for a period of one year would be reviewed before making a recommendation and that all vacant positions in the City will be reviewed before they are filled. Mayor Lockhart spoke on concerns related to eliminating funding of the Dublin Unified School District Groundskeeper and recommended evaluating the position to determine importance. Motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, the City Council deferred the San Ramon Road Landscaping Project; continued to freeze the vacant Administrative Aide position; and proceeded with replacement of the City Council dais chairs, provided a suitable product exists that can utilize Recycling Funds; and, directed Staff to update recommendations as information becomes available and to present a mid-year Budget Adjustment and revised funding plan once adequate information was available. NEW BUSINESS Central Parkway Safety Improvements - Tassaiara Road to Brannigan Street 9:45 p.m. 8.1 (820-40) Public Works Director Melissa Morton presented the Staff Report and advised that the City had received a citizen request for safety improvements and "no parking" restrictions on Central Parkway and Dublin Boulevard between Tassajara Road and Brannigan Street. Her presentation included a potential temporary project to address parking and pedestrian access concerns using a portion of gas tax funds. John Zukoski, Dublin resident, requested pedestrian access on Dublin Boulevard. Public Works Director Morton responded that pedestrians would have access to walk on Dublin Boulevard. Councilmembers spoke in support and discussed parking concerns. DUBLIN CITY COUNCIL MINUTES is VOLUME 27 `tor REGULAR MEETING 1~~~~~ November 18, 2008 ~\ '~ /~ Gc~FOe~'`D On motion of Cm. Oravetz, seconded by Vm. Sbranti, and by unanimous vote, the City Council received the report and established a new CIP Project -Central Parkway Safety Improvements - Tassajara Road to Brannigan Street, and adopted RESOLUTION N0.212-08 APPROVAL OF NO PARKING ZONES ON CENTRAL PARKWAY AND DUBLIN BOULEVARD and approved a Budget Change in the amount of $19,600 for completion of this project in Fiscal Year 2008-2009. •~ City Treasurer's Investment Report for 1St Quarter 2008-2009 10:05 p.m. 8.2 (320-30) Administrative Director Paul Rankin presented the Staff Report and advised that the City's investment portfolio totaled $115,358,346 (par value). As of September 30, 2008, funds were invested at an average yield of 3.740%. Staff provided a background report on the City investment portfolio as well as the investment results as of September 30, 2008. He concluded his presentation with a clarification of interest revenue. Council consensus to receive the report. 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) 10:00 p.m. City Manager Joni Pattillo thanked City Councilmembers and Mayor Lockhart for the opportunity to work with them during their term of office. Cm. Scholz reported on attending various meetings and City events and thanked the current City Councilmembers for their support during her first term on the Council. DUBLIN CITY COUNCIL MINUTES i4 VOLUME 27 G~~ o~ ~~ REGULAR MEETING 19,~~~~~ November 18, 2008 ~` ~ ~~ ~~ ~~~ Cm. Oravetz spoke on his appreciation to the community and City Councilmembers for the opportunity to serve on the City Council. Cm. Hildenbrand expressed her pleasure and honor to serve on the Council with Cm. Oravetz and Mayor Lockhart and reported on attending the Health Initiative Celebration. She also reported on attending various meetings. She requested David Stark, Bay East Association of Realtors, make a presentation on housing specific to the City of Dublin and spoke on "Spare the Air Alerts." Mayor Lockhart clarified it is not the City's responsibility to monitor Spare the Air alerts but is the responsibility of the Air Quality District to promote and educate the public. Vm. Sbranti reported on attending various meetings and acknowledged only one more meeting of the current City Council. Mayor Lockhart reported on attending various meetings, including the Hometown Hero Ceremony, and expressed her honor and privilege to serve the City of Dublin as Mayor. •_ ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 10:32 p.m. in memory of our fallen troops. Minutes prepared by Carolyn Parkinson, MMC, Office of the City Clerk. ATTEST: l ~' u ~~~ /. ~/- Mayor City Clerk ~'-~ DUBLIN CITY COUNCIL MINUTES is VOLUME 27 REGULAR MEETING G`~~ i9~ -~-~• ass November 18, 2008 ~`~~ ~c ~s