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HomeMy WebLinkAbout04-18-2006 Adopted CC Min MINUTES OF THE Crn' COUNCIL OF THE Crn' OF DUBLIN REGULAR MEETING - APRIL 18. 2006 CWSED SESSION A closed session was held at 6:42 p.m., regarding: L CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Exposure to litigation pursuant to Government Code section 54956.9, subdiVISion b( 1) ( four potential cases): Police response to call for servIce on 3000 block of Innisbrook Lane on August 11, 2005. . A regular meetmg of the Dublm City Council was held on Tuesday, April 18,2006, in the Council Chambers of the Dublin CIVlC Center. The meetmg was called to order at 7:02 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Council members Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart:. ABSENT: None . PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. . REPORT ON CWSED SESSION ACTION Mayor Lockhmt advised that no actIon was taken durmg Closed Session. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 130 (f) . ORAL COMMUNICATIONS Introduction of New Emplovee 7:03 p.m. 3.1 (700-10) Parks & Commumty Services Director Diane Lowart introduced Damian Sandholm as the new Recreation Coordinator. The Council welcomed Mr. Sandholm to the City of Dublm Staff. . Acceptance of Gifts to City from St. Patrick's Dav Festival Soonsors 7:04 p.m. 3.2 (150-70) John Hartnett, Hentage & Cultural Arts Supervisor, presented the Staff Report and advised that the City received $35,935 in monetary sponsorships for the 2006 St. Patnck's Day FestIval and Fun Run. In additIon, the City received overwhelming support in the form of in - kind donations of goods and services. The Council recognized the businesses and organizations that supported the events. FestIval Monetary Sponsors: Gumness, Valley Care Health System, Napa River Pomte, State Farm, Standard PaCific Homes, AT&T, Trendwest, HaCienda Crossings, Triad Dublin Gateway, IKEA, Safeway and Comcast. Fun Run Monetary Sponsors: World of Shoes, Alameda County Deputy Sheriffs ASSOCiatIon, Alameda County Firefighters - Local 55, Pacific Care, and Greenbriar Homes. In-Kind Sponsors: Coca-Cola, Diablo Magazine, Dublin Trophy House, ESSN, Jazzerclse, Mimi's Cafe - Dublin, NBC 11, Radisson Hotel, Safeway, Select Imagmg and Tn-Valley Herald. The Council also recozmzed local non-profit organizations for theIr participatIon: Dublm Sister City AssociatIon, Dubhn Lions Club, Alameda County Firefighters Local 55, I)lIHLlN CITY COUNC'lL MINUTES VOLUME 25 REGULAR MEETING April 18,2006 PAGE HI ~ Deputy Shel'lffs AssociatIon of Alameda County, Safeway, State Farm Insurance, and Tl'lad Dublin Gateway. On motion of Cm. Hildenbrand, seconded by Cm. Zika and by unanimous vote, the Council recognIzed sponsors and formally accepted contributions. .. Public Comments 7:13 p.m. 3.3 No comments were made by any member of the public at thIs time. .. CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.11 Vm. Oravetz asked, m relation to Item 4.4, if there was a plan to repair potholes m City streets. Public Works Director Mehssa Morton adVised that the potholes would be addressed as part of the annual street overlay program. On motIon of Cm. Zika, seconded by Cm. Hildenbrand and by unanImous vote, the Council took the followmg actIons: Approved (4.1) Mmutes of Regular Meeting of March 21, 2006, Adjourned Regular Meeting of March 22, 2006 and Regular Meetmg of April 4, 2006; Received (4.2 320-30) City Treasurer's Investment Report for 3rd Quarter 2005-2006; Approved (4.3600-30) Change Order #2 for additIOnal servIces by Murray Schoolhouse Exhibit Restoration Consultant john Vieira of Vieira DeSigns; Adopted (4.4 600-35) RESOLUTION NO. 42 - 06 AWARDING CONTRACT NO. 06-04 DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 132 ~ Z005-2006 ANNUAL STREET OVERLAY PROGRAM TO G. BORTOLOTTO & COMPANY, INCORPORATED Adopted (4.5 600-30) RESOLUTION NO. 43 - 06 APPROVING CONSULTANT SERVICES AGREEMENT WITH CAL ENGINEERING AND GEOLOGY, INCORPORATED, FOR GEOTECHNICAL ENGINEERING SERVICES Adopted (4.6 360-20) RESOLUTION NO. 44 - 06 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Adopted (4.7 360-Z0) RESOLUTION NO. 45 - 06 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 Adopted (4.8 360-Z0) RESOLUTION NO 46 - 06 DIRECTING PREPARATION OF ANNUAL REPORT FOR CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES AT WILLOW CREEK) Adopted (4.9 360-20) RESOLUTION NO.4 7 - 06 DIRECTING PREPARATION OF ANNUAL REPORT fOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 DUBLIN RANCH AND TRACT 7067 Adopted (4.10 360-Z0) RESOLUTION NO. 48 - 06 DUBLIN CITY COUNCIL MINUTES VOLlJME 25 REGULAR MEETING April 18, 2006 PAGE 133 ~ DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97 -1 Approved (4.11 300-40) the Warrant Register in the amount of $1 ,210,325.03. .. WRITI'EN COMMUNICATIONS - None . PUBUC HEARINGS WEEDS AND COMBUSTIBLE REFUSE ABATEMENT ORDER 7:16 p.m. 6.1 (540-50) Mayor Lockhart opened the public heal'lng. ActIng Deputy Fire Marshal Bonnie Terra presented the Staff Report and adVised that, In accordance With Resolution 21-06, the City Council declared that there was a public nUisance created by weeds and combustible debriS growing, accumulating upon the street, Sidewalks and property withm the City. Notice of thiS was posted and letters sent to those property owners with VIOlations. Due to the rainy weather this year, letters would be sent out allOWIng reSidents an additional three weeks for vegetatIon management, still allOWing the Fire Department to meet the July 4, 2006 deadlIne. Cm. McCormick Inquired as to how many letters were sent out thiS year. ActIng Deputy Fire Marshal Terra adViSed that on lflltial Inspection, the Fire Department had only sent out approximately 120 letters. Laura KegeImeyer, Dublin resident, stated that she had received a letter and asked where she could get more informatIon regardIng weed abatement. Acting Deputy Fire Marshal Terra provided her contact information and encouraged Ms. Kegelmeyer to contact her for more information. Mayor Lockhart closed the pubhc heanng. On motIon of Vm. Oravetz, seconded by Cm. McCormick and by unanImous vote, the Council directed Staff to continue the weed abatement process. DUBLIN CITY COIJNCII" MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 P,\GE 134 ~ .. Public Hearing General Fund User Fee Study and Full Cost Allocation Plan 7:21 p.m. 6.2 (390-20) Mayor Lockhart opened the public heal'lng. Assistant City Manager Joni Pattillo presented the Staff Report and adVised that, at Its January 1 7, 2006 meeting, the City Council received a report regarding a Cost Allocation Plan and User Fee Study, and would receive a revised report based upon comments received from Council and attendees at three pubhc meetings regarding thiS study. The study would ensure that the City was utilizing overhead rates and charging fees which accurately account for, and reflect, the true cost of providing City Services. Staff was requesting additional directIon regardIng whether modifications should be made to the fee schedule for the follOWIng: 1) implementIng the fee schedule on a phased basiS, and 2) establishIng whether the housing fees should be paid for by the buyer and/or seller. No testimony was entered by any member of the public relatIve to thiS Issue. Mayor Lockhart closed the public hearing. The City Council diScussed whether or not the fees should be phased in, and concurred that fees not be phased In, and become effectIve July 1, 2006. The City Council discussed who should be responsible for paYing the new fees proposed by the Housing Division and concurred that the seller should pay the fees and that Housing In-Lieu fees not be used to pay these fees. On motion of Cm. McCormick, seconded by Vm. Oravetz and by unanImous vote, the Council adopted RESOLUTION NO. 49 ~ 06 ESTABLISHING A REVISED FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT, ENGINEERING AND FIRE DIVISIONS And determIned that the fees would become effectIve on July 1, 2006; the seller would be responsible for paYIng the new fees proposed by the HOUSing DiVision; and Housing In- Lieu fees would not be used to pay these fees. DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18,2006 PAGE 135 ~ .. UNFINISHED BUSINESS Revisions to Resale Restriction Astreement for Inclusionarv Housinst Units 7:29 p.m. 7.1 (430-20) Julia Abdala, HOUSIng Speclahst, presented the Staff Report and advised that the City Council would consider adoptIng a ResolutIon to revise the Resale Restnction Agreement, the Performance Deed of Trust as well as some proposed text changes to the "Layperson's GUide to the Zoning Ordinance Regulations". Cm. Hildenbrand commended Ms. Abd.ala's ability to stay on top of necessary changes and keep the City's UnIts affordable. On motIon of Cm. Zika, seconded by Cm. Hildenbrand and by unanImous vote, the City Council adopted RESOLUTION NO. 50 - 06 APPROVING A REVISED FORM OF RESALE RESTRICTION AND OPTION TO PURCHASE AGREEMENT (INCLUDING AN ACCOMPANYING PERFORMANCE DEED OF TRUST) TO RESTRICT THE SALE AND REFINANCE OF OWNERSHIP INCLUSIONARY UNITS, AND AUTHORIZING CHANGE TO THE "LAYPERSON'S GUIDE TO THE INCLUSIONARY ZONING ORDINANCE REGULATIONS" TO REFLECT THE CHANGES TO THE RESALE RESTRICTION AGREEMENT AND OPTION TO PURCHASE (INCLUDING THE ACCOMPANYING PERFORMANCE DEED OF TRUST) .. NEW BUSINESS Future Valley Children's Museum in the Camo Parks Project Area 7:33 p.m. 8.1 (420-20) SenIor Flannel' KrIstI Bascom presented the Staff Report and adVised that, at ItS February 7,2006 meeting, the City Council discussed different theme optIons for a future public facility In the Camp Parks ProJect Area, and directed Staff to lflform the Army Reserve of DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April IS, 2006 PAGE 136 (f) the City Council's desires to have a 46-acre park space developed for the site. This acreage would be used to develop a pubhc facility with a theme that centered on Arts, Culture, Food, and Games; and would prOVide the unIque amenItIes the City CounCil deSll'ed for the area. As was mentioned in prevIous Staff Reports, It would be possible to accommodate the Valley Children's Museum within the themed public space, and In fact, the Museum was suggested as an amenity for thIS facihty In the stakeholder Interviews for the Public Facility Planning Study commissioned by the City in 2005. Rick Beaumont, Board President of the Valley Children's Museum, gave a presentatIon regarding the Museum, Including key milestones It had planned for 2006. The mission of the Museum was to spark the adventure of hfelong learnIng In children, grown-ups, famihes and the community by creatIng InteractIve, play-based learning for children; to create a place where children go to learn and play; and in the process, develop strong family bonds. He diSCUSsed its potential to be a tOUrISt attractIon of the Bay Area, as well as, its benefits, prozrams, padnerships with the local school dlstncts and libraries. Mr. Beaumont adVised that the Valley Children's Museum Board was looking for approximately 1.5 to 2.5 acres of land on which they could build a 15,000 square foot facility to start, With the possibility of expandmg up to 30,000 square feet over time. The Museum Board would conSider either a long-term lease or a land dedication, but was hopIng to secure a piece of property at little or no cost on which to build the buildmg, whICh would be owned by the organIzation. Their optimal locatIon would be next to a public park space wlthlfl the Camp Parks Project Area where a synergy of the public and prIvate facility could be created. It was With these reqUirements in mind that the Valley Children's Board was requestIng assistance from the City of Dublin In securing such a site and being Included m the City's land use plannIng process for the future Camp Parks ProJect Area. Cm. Zika asked if the Museum needed a defimte commitment tonight on locatIOn in the Camp Parks PrOject Area. Mr. Beaumont stated It would make sense for them to be close to the park, but was not a deal breaker If they were not. The Museum would like the City's vote that It would be part of the project. Cm. Zika asked Staff what type of lease could be conSidered. City Manager Ambrose advised that It would depend. There were issues the City needed to address regardmg how quickly the park space could be developed. The City would DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April IS, 2006 PAGE 137 ~ also need to be able to articulate Its requests to the Army In regard to amount of acreage reqUired. Semol' Planner Bascom asked for direction from the Council on: 1) if it wanted to Include the Museum wlthm the City's Camp Parks Project Area; 2) would the Council be willIng to allocate part of the City'S 46 acres for the Museum or ask for an additIonal 2.5 acres from the Army; and, 3) Council preference as to locatIOn of the Museum. Mayor Lockhart stated the Council should give a firm commitment to the Museum, and get the Army Involved and on board With the Inclusion of the Museum and see that the proJect worked for everyone concerned. Her preference would be for the Museum to be located in or near the public park. Cm. Zika commented he would also like to see the Museum in or near the pubhc park. Cm. McCormick asked If the Council would be wilhng to give up 2.5 acres of the City'S 46 acres for the Museum. City Manager Ambrose reiterated that the Council should decide if it wanted to Include the Museum's requested acreage in the City's 46 acres or ask for additional acreage from the Army. The City Council discussed the Issue and agreed to Include the Museum's 2.5 acres as part of the City's 46 acres lfl the Camp Parks ProJect Area, with some flexibility as to the location of the museum, as it would be dependent on the Developer's phasing. Mayor Lockhart stated she was thrilled that the Museum was looking at DublIn and offel'lng the City this amemty and thanked the Museum's Board of Directors. On motIon of Cm. Hildenbrand, seconded by Vm. Oravetz and by unanImous vote, the City Council directed Staff to include the needs and demes of the Valley Children's Museum Board of Directors In future negotIatIons with the Army Reserve and/or Master Developer of the Camp Parks ProJect Area. .. Initiation of a General Plan and West Dublin BART Specific Plan Amendment Study for the Site of the Existirut Radisson Hotel Located at 6680 Rei:ional Street 7:59 p.m. 8.2 (420-30) DlJRUN CITY COI INClL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 138 ~ Associate Planner Jeff Baker presented the Staff Report and adVised that the CIty Council would consider a request to InItIate a General Plan and West Dubhn BART Specific Plan Amendment Study to amend the General Plan Land Use designation from Retail/Office to either ResidentIal or Mixed Use and amend the West Dublm BART Specific Plan Land Use deSignation from Lodging to Residential or Mixed Use in order to reuse the existing Radisson Hotel for senior hOUSInS conslstInS of Independent hVInS, assisted liVing, and an Alzheimer/dementia facility, as well as possibly maIntalflIng the eXistIng communIty meeting space and pu blIc restaurant. The Council and Staff engaged In a questIon and answer session regarding potential revenue loss, property tax changes, parkland issues, and the potential to generate the need for low Income umts. Although the City tracked vacancy rates, It was not pubhc Information and, therefore, could not be disclosed. Property tax would change if part or all of the property was sold, or the assessed value Increased due to building improvements. Staff would need to determme If, under the City'S current OrdInance, the owner would be reqUired to dedicate parkland by converting into residentIal umts. The proposed conversIOn would fall under the HOUSIng Element and would generate the need for low income umts. Louise Clark, Lafayette reSident, adVised that her father built the former Howard Johnson Hotel, which was now the Radlsson. She asked the Council to consider the change in the Specific Plan to allow the change from transient housinS to much needed semor and asslsted~living housing. Charles Clark, Pleasanton reSident, read a letter he sent to the City Council on April 1 7, 2006, In which he encouraged the Council to conSider the redevelopment of the property from transient hOUSing to mixed use. Hotel occu pancy was low and the proposed change would increase City revenue. Cm. Zika expressed concern about the occupancy figures provided by the Applicant as they conflICted with the numbers proVided by the Tn-Valley ConventIon & ViSitors Bureau. Mr. Clark stated that, in his opinion, the figures he provided were correct. Cm. McCormick asked if Mr. Clark or anyone on hiS staff had ever manased an Alzheimer/dementIa facility. DUBLIN CITY COIfNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 13') ~ Mr. Clark advised that they planned to hire an expel'lenced management company to consult on management of the proposed facility. Mary Sorace, SenIor Vice PreSident of Barcelon Associates Management ASSOCiatIon, discussed her company's management of 20 senIor living facilities, and stated the company had completed a feasibihty study for the CIarks on the proposed proJect. She detailed Barcelon's reputation, and ItS services provided for senIors for whatever time and poInt they were In In hfe. They made sure they had consistency In care for the rest of their lives. The Clarks' facility would proVide different levels of care for all residents housed there. Vm. Oravetz asked If the busy Radlsson Hotel area was a good place for these types of units. Ms. Sorace stated It was, and they had already met with the Applicant to inform them what they would need to do to the facihty to make It a safe and secure environment. Cm. Hildenbrand expressed concern With having community functions at a senIor reSidential facihty that Included an Alzheimer/dementIa facility. Currently, Dubhn did not have enough banquet or meetIng facilities. Ms. Sorace stated that she had found that senior hOUSIng proJects with public meetIng rooms did not have problems With gettIng clients for those meetIng rooms. A senIor proJect in Hercules that was not yet completed already had a long waiting hst for use of its public meetIng room. em. Hildenbrand reiterated her concerns about the facihty complimenting the area businesses. Ms. Sorace stated that the facility would compliment the area businesses and adVised that the Alzheimer's UnIt was a small, separate area and the maJol'lty of residents would be active seniors. The Council and Applicant representatIves engaged in a question and answer session regarding the proposed public use of dinIng facilities and meeting rooms. The Applicant representatives adViSed that the proposed plan currently allowed for public dining, as well as pubhc meetIng rooms. The Alzheimer's Wing, however, would have private dining and no public accommodatIons. DUBLIN ern: COlJNCII. MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 140 @) Mayor Lockhart expressed her concerns regarding the Downtown Plan and changing the hotel's use at this point. The proposed type of facility was mappropl'late for Downtown. There were areas m DublIn more appropriate for senIor hOUSIng and an Alzheimer/dementIa facihty. Safety of seniors at the facility lfl that busy area was a concern. The Clarks' attempt to provtde senior housing In Dublin was to be applauded; however, she could not support studying the change. Cm. Zika agreed and questIoned the occupancy rate figures quoted In Mr. Clark's letter. The Applicant failed to conSider what the City was doing in regard to senior hOUSIng and did not proVide suffiCient data. He could not support the request. Cm. McCormick stated she really tl'led to suppott the project but could not Visualize It as a restful homey place for semors. The 'Council would be dOing a disservice by approving the study. Cm. Hildenbrand apolOZlzed If she offended anyone with her earlier comments; however, she dId not see the proposed facility as the first place seniors would try to get Into. The area was not appropl'late for the use, and she could not support it. Vm. Oravetz expressed the Council's attempt to reinvigorate downtown Dublin and indicated that it was not the right locatIon for thiS type of facihty. The economics were reahstIc, but bottom llfle was locatIon and tImlflg. He would support the Council on thiS Item. On motIon of Cm. Zika, seconded by em. Hildenbrand and by unanimous vote, the City Council adopted RESOLunON NO. 51 - 06 DENYING THE INITIATION OF A GENERAL PLAN AND WEST DUBLIN BART SPECInC PLAN AMENDMENT STUDY fOR THE PROPERTY LOCATED AT 6680 REGIONAL STREET (APN 941 - 1 500-04 7) .. ParticiDation in Policy and Technical Committees for the Develooment of the Relrional Rail Plan 8:55 p.m. 8.3 (110-30) City Manager Ambrose presented the Staff Report and advised that, in an effort to reach regIOnal consensus, Livermore Mayor Marshall Kamena was asking that the City of DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 141 ~ Dubllfl partIcipate in both a Policy and a Technical Committee to provide regional Input and advocacy with regard to the Regional Rail Plan (RRP). Mayor Lockhart commented that she and the City Manager had met with BART and high speed rail representatives and had come away with concerns. There was a need for the City to stay on point and for her to be part of the Committee and attend all three meetings. On motIon of Vm. Oravetz, seconded by em. McCormick and by unatlimous vote, the City Council deSignated Mayor Lockhmt as the City of Dublm RepresentatIve to the Policy Committee for the Development of the Regional Rail Plan. . O1lIER BUSINESS Brief INFORMATION ONLY reports from Council andior Staff. including Committee Reports and Reports by Council related to meetings attended at City expenlle (AD 1234) 9:00 p.m. City Manager Ambrose advised that Dubhn Pl'lde Week would commence on Saturday, April 29'h with a volunteer clean-up day, and encouraZed City reSidents to come out and support the event. Vm. Oravetz adVised he had attended the DublIn High School AthletIc prozram at the DublIn Ranch Golf Course fundralslng event at his own expense and had had a great time. . ADJOURNMENT . 11.1 There being no further business to come befo~ at 9:01 p.m. i Council, the m ting was adJourned ATIES" Jr.""" ~ City lerk ; ~ DUBLIN CITY COUNCIL MINUTES VOLUME 25 REGULAR MEETING April 18, 2006 PAGE 142 (i)