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HomeMy WebLinkAbout4.01 Draft 01-22-2011 & 05-17-2011 MinDRAFT ~ oF DU.~~~ MINUTES OF THE FITY COUNCIL ~~`` OF THE CITY O DUBLIN (~ ~' s2 - 1 ~~ `„~ ~// SPECIAL MEETING JANUARY 22, 2011 / Y\ . .i~./ . ' // ~ ~ A special meeting of the Dublin City Council was held on Saturday, January 22, 2011, in the Regional Meeting Room of the Dublin Civic Center. The meeting was called to order at 9:00 a.m., by Mayor Sbranti. ~i ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: ~~ PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~i ` 1. Public Comments 9:01 a.m. 3.3 No comments were made by any member of the public at this time. , ~. 2. Strateqic Planninq Workshop 9:03 a.m. (100-80) Strategic Planning Consultant Sherry L. Lund facilitated the special workshop for the Dublin City Council. The City Council reviewed the adopted 2010-2011 Update to the City's 10-Year Strategic Plan (available on the City's website). The City Council discussed the adopted strategies and goals and considered progress to date and further actions to accomplish them. The City Council considered revisions and/or additions to the Strategic Plan and discussed the next steps resulting from this Strategic Planning Workshop, including its relationship to the development of the City's Annual Budget for Fiscal Year 2011-2012. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 G~,~qOFDUB~y SPECIAL MEETING i~~ „~ ~~~ JANUARY 22, 2011 '~~~~~~~ . ~'1GIPiOR~~~ ~ ~ ~~ v0 `q 1 DRAFT - - -~ 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) 3:00 p.m. ~ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 3:00 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 G`~OFDpB~ SPECIAL MEETING u~ JANUARY 22, 2011 '~~~~~~ ~'1GIFpR~1~ l~ DRAFT ~ ~F DU~ MINUTES OF THE CITY COUNCIL ~~~~` OF THE CITY OF DUBLIN ~ ~~ -- ~ ~~$~ REGULAR MEETING - Mav 17, 2011 ' \<:~ _< ~~ CLOSED SESSION A closed session was held at 6:29:47 PM , regarding: I. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 potential case Facts and circumstances: Letter from Weinberg, ~Roger & Rosenfeld dated March 22, 2011 II. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney ~ III. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case ~i A regular meeting of the Dublin City Council was held on Tuesday, May 17, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:14:11 PM , by Mayor Sbranti. ~i ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: . ~`i 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 1 VOLUME 30 ~,~oFw~~ REGULAR MEETING rn f~i ~~~ MAY 17, 2011 1~~~~~~ ~'1Gl R I DFZAFT ~. ORAL COMMUNICATIONS Certificates of Recoqnition for Hiqh School Student Volunteers at Dublin Librarv 7:18:51 PM 3.1 610-50 The City Council presented Certificates of Recognition to High School student volunteers at Dublin Library. ~ ~~ ' Youth Advisorv Committee Appointments 7:14:56 PM 3.2 110-30 Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the Mayor was recommending the appointment of three middle school and ten high school youth, along with three alternates, to the Youth Advisory Committee for the term of June 2011 through May 2012. On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council confirmed the Mayor's appointment to the Youth Advisory Committee as follows: Rebecca DeGuzman, Cassidy Hearne, Jeanina Ng, Kush Rastogi, Grace Li, Visesha Kakarla. Sophia Bafaiz, Akshay Aitha, Vivian Sung, Marcos Castro, Gabriela Vasquez, Gabrielle Basile, and Shilpa Stanley. Alternates appointed as follows: Brianna Barnes, Vinootna Kakarla, and Dilpreet Anand. , Mavor's Appointment of Student Representative to Parks and Communitv Services Commission 7:16: 37 P M 3.3 110-30 Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that seven applications were receiVed for the Student Representative to the Parks and Community Services Commission and the Mayor was recommending the appointment of Dublin High School student Jasmine Bafaiz. On motion of Mayor Sbranti, seconded by Cm. Swalwell and by unanimous vote, the City Council confirmed the Mayor's appointment to Jasmine Bafaiz as Parks and Community Services Student Representative. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 ~,~,~oF~ REGULAR MEETING n; ,~ ~~~ MAY 17, 2011 1~~~~~~~ Gc~r~R~`~ ~~ ~~' ~ D6~4FT ~ 2011 Business Anniversarv Awards 7:17:56 PM 3.4 610-50 Economic Development Director Linda Maurer presented the Staff Report and advised that the City Council would recognize those businesses that have been in Dublin 20, 25, 30, 35, 40, 45 and 50 years. The City Council presented plaques to those businesses that have been in Dublin for 20, 25, 30, 35, 40, 45 and 50 years. ~ Public Comments 7:39:02 PM 3.5 Bob Tucknott, Dublin resident, requested the following be read into the record: "The Dublin Rotary Club is requesting a variance to the Ordinance that limits the time a public entertainment venture (Circus Vargas) can play from 10 days to 13. The Rotary uses the money made to benefit the community." Charles McKeag, public speaker, thanked the City for the efforts taken the last five years regarding the Arroyo Vista project. ~i CONSENT CALENDAR 7:42:32 PM Items 4.1 through 4.7 On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meetings of May 3, 2011. Adopted (4.2 1000-20) ORDINANCE NO. 5 -11 DELETING DUBLIN MUNICIPAL CODE CHAPTER 8.88 RELATING TO WATER EFFICIENT LANDSCAPING REGULATIONS AND ADOPTING A NEW CHAPTER 8.88 RELATING TO WATER-EFFICIENT LANDSCAPING REGULATIONS DUBLIN CITY COUNCIL MINUTES VOLUME 30 `~oFDC~ REGULAR MEETING n; ~ ~~~ MAY 17, 2011 '`~~~~~~ ~'~c~~oa~'s 3 ~ f DRAFT . Adopted (4.3 600-35) RESOLUTION NO. 56 -11 ACCEPTING IMPROVEMENTS TO CIVIC CENTER SECURITY SYSTEM and approved Change Order #2. Adopted (4.4 600-60) RESOLUTION NO. 57 -11 ACCEPTING PARK LAND DEDICATION IIwLIEU FEES FOR PARK LAND DEDICATION REQUIREMENTS FOR EDEN PORTION OF TRACT 7943, ARROYO VISTA Adopted (4.5 350-40) RESOLUTION NO. 58 -11 AUTHORIZING THE USE OF ECS REFINING FOR THE RECYCLING OF CITY ELECTRONIC WASTE AND SURPLUS COMPUTER EQUIPMENTAND DECLARING CERTAIN ITEMS AS SURPLUS PROPERTY Adopted (4.6 820-40) RESOLUTION NO. 59 -11 ALLOCATING FUNDING FOR CITYWIDE STORM REPAIRS Approved (4.7 300-40) Check Issuance Reports and Electronic Funds Transfers. ~~;~~. WRITTEN COMMUNICATIONS Consideration of Request from Janet Lockhart to Place a Plaque Recoqnizinq Dave and Bea Burton at the Dublin Heritaqe Park and Museums 7:44:28 PM 5.1 (395-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the City Council would consider a request from Janet~Lockhart to place a plaque at DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 q~F ~U ~ REGULAR MEETING ni~ ~ir ~~~ MAY 17, 2011 '``~~~~ ~~ R~s DRAFT 7! ~ ~ the Dublin Heritage Park and Museums to recognize the generosity of Dave and Bea Burton for their contributions to the community. Janet Lockhart, Dublin resident, stated the Burtons had history in the area and suggested that something be put in writing so that the request for the plaque would be fulfilled in the future. Guy Houston, Dublin resident, stated no ane knew when the project would be completed, so he would also like the request be put in writing so it would not be forgotten. Cm. Swalwell stated he agreed that the request should be memorialized. Cm. Biddle stated he thought there might be a future need for plaques and the Orchard Garden would be a good location. Cm. Hildenbrand stated she agreed with Ms. Lockhart's and Mr. Houston's request. The City Council makeup would change and it was important to preserve the Burtons' memory. Vm. Hart stated he concurred with the previous comments. Mayor Sbranti stated Dave Burton was a champion of the bell tower at the Historic Park. On motion of Cm, Swalwell, seconded by Cm. Hildenbrand and by unanimous vote, the City Council directed Staff to memorialize that, when funds were available, a plaque in honor of Dave and Bea Burton be placed on the grounds at the Heritage Park and Museums in the Orchard Garden. ~_ Consideration of Request from Dublin Sister City Association for Waiver of Rental fees for International Friendship Soccer Tournament 7:53:17 PM 5.2 (950-50) Assistant Director of Parks and Community Service Paui McCreary presented the Staff Report and advised that the City Council would consider a request from the Dublin Sister City Association for a waiver of fees for use of City facilities and soccer fields for the Dublin Sister City International Friendship Soccer Tournament. Janet Lockhart, Dublin resident and President of the Sister City Association, stated they had been working with various groups to organize the Soccer Tournament and had managed to get two title sponsors. Cm. Swalwell stated he was in favor of the request. Vm. Hart stated this kind of event was what made cities great. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 G`~oF~ REGULAR MEETING n, ~ ~~~ MAY 17, 20'11 '`~~~~~~ Gc~ ~~° ~~ ~ DRAFT On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by unanimous vote, the City Council approved the request from the Dublin Sister City. Association and directed Staff to waive the fees for the Tournament events. .~ PUBLIC HEARINGS Scarlett Court Zoning Ordinance Amendments - Amendments to the Dublin Municipal Code related to the Scarlett Court Overlav Zoninp District (Chapter 8.34), PLPA-2011-00019 8:02:01 PM 6.1 (450-20) Mayor Sbranti opened the public hearing. Principal Planner Kristi Bascom presented the Staff Report and advised that one of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year was to examine appropriate locations to permit automotive repair businesses within the City. Staff had identified locations in the City where additional auto-related uses would be appropriate, and had drafted changes to the Zoning Ordinance to facilitate their development. Staff was proposing amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District. The proposed amendments would streamline the process to allow auto-related uses in the Scarlett Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit. The amendments included modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance). Vm. Hart asked for confirmation that this would not have any impact on existing businesses in the area. Ms. Bascom stated that was correct. Guy Houston, Dublin resident, stated he was in favor of the proposal. Doreen Green, Dublin resident, stated this was a win-win situation. Mayor Sbranti closed the public hearing On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City Council introduced an Ordinance Amending Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the Zoning Ordinance for Auto-Related Uses in the Scarlett Court Overlay Zoning District. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 ,~oF Dc,~ REGULAR MEETING ~„~ ,~, ~~~ MAY 17, 2011 '~`~~~~ ~'1LI R~~ DRAFT ~ ~i Avalon Bay Communities, Dublin Station (Transit Center Site C) for (1) Stage 1 Development Plan Amendment, Stage 2 Development Plan and Development Agreement submitted by Avalon Bay Communities, Inc.; and (2) the appeal of the Planning Commission approval of the Vesting Tentative Map and Site Development Review for Avalon Bav Communities, Inc. PA Ofr060 (appeal filed bv Carpenters Local 713) 8:08:08 PM 6.2 (400-20/410-30/450-30/600-60} Mayor Sbranti opened the public hearing. Planning Consultant Mike Porto and Assistant City Attorney Timothy Cremin presented the Staff Report and advised that the proposed project, Dublin Station (Transit Center Site C), was a residential project comprised of 505 apartment units, a 4,223 square foot fitness center, 733 spaces of structured parking within finro buildings, 25 private, on-street parking spaces, and 40 public on-street parking spaces on a combined 7.2-acre site located within the Transit Center Village planning area. Cm. Biddle stated the Development Agreement for this project was consistent with the City's other development agreements except for the modification of the inclusionary housing. City Attorney John Bakker stated the particular situation in terms of inclusionary housing had to do with a prior court case that dealt with the rent control statute that gave the owners of residential rental projects the right to set initial rents. In the court case, it was argued that the provision of State law meant cities' inclusionary zoning ordinances may not restrict the amount of rent that cities could charge or that applicants and/or developers could charge their tenants. The applicant asserted that case in the course of the processing of this project. Staff disputed that, primarily because previously they agreed to comply with the City's ordinance. Ultimately the City agreed that it would not enforce the rent restriction requirements. The City's Inclusionary Zoning Ordinance restricted the rent that could be charged, and also restricted who could occupy those units. It required that the occupants of the units be of moderate income. The rent would not be restricted but the households that could rent those particular units would be restricted to moderate income households. Staff determined that limitation, in and of itself, would restrict the amounts the Applicant could charge for rent because they would not have the entire marketplace of households to rent to because they could only rent to moderate income households. Presently, market rents were at the moderate income level. That would not always be the case. Cm. Biddle noted the project called for the first floor to be built as residential, but could be converted to commercial. Mr. Porto stated there were two distinct areas of the buildings. Areas that faced the plaza and the finro units near the fitness center on Iron Horse Parkway. Those units would be constructed DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 ,~.~oFOO~ REGULAR MEETING ra~ ~ ~~~ MAY 17, 2011 '\\~~~~ ~c,~~s ~~ i~ DRAFT in such a manner that they could be converted at a later date to some type of a commercial use. Scott Littlehale, representative of the Appellant, Carpenters Local Union No. 713, stated he would address the exemptions that had been claimed by the City for this project. It had been stated earlier that it hinged on being identical to the project analyzed in the prior EIR. The Appellant pointed out in their letter to the City that there had been a shift of 100 units from one site to a site closer to I-580. That was relevant because it was a point source of contaminants to residents of the project. He was pleased that the applicant would address that item. Significant and unavoidable impacts were a relevant question. Conditions had, in fact, changed in Dublin and the region. There had been changes in the physical environment and the state of the science on impacts to the physical environment and recommended mitigations. The policy environment had also changed, specifically in the area of green house gas emissions. Their expert found that the emissions were ten times above the threshold set for screening criteria by the Bay Area Air Quality Management District (BAAQMD). Subsequent to the 2002 EIR, there had been a number of mitigations that had been provided as available to cities and project proponents to mitigate those impacts. The CEQA section that had to do with exceptions to an exemption notes that mitigation measures or alternatives which were considerably different than those analyzed in the previous EIR and would substantially reduce one or more significant effects on the environment but the project proponents declined to adopt them or alternative was grounds for taking exception to the claiming of an exemption. Amongst other grounds, they based their comments on that. Changes in the physical environment that had and could occur in a ten-year period of time since the actual data was collected for the EIR that was certified in 2002, the cumulative impacts analysis for transportation impacts was based on a number of approved and potentially pending Dublin projects. It would be beneficial for the people of Dublin and the region to have a supplemental EIR conducted. Jeff White, Avalon Bay representative, stated they were here to build the vision the City had in the early 2000s for a transit center and had been working in a collaborative way with the City to do just that. The project had morphed several times within the last two years. They had the approval of the Planning Commission. They were very proud of the project. There had been some concerns raised about air quality. They would perForm the mitigation that had been adopted by the BAAQMD and the City of San Francisco which had been on the forefront of dealing with this issue in the Bay Area. Whether there was an issue or not, they would have a mitigation in place. There were also a number of other mitigation measures outlined in the letter presented to the City. . Miles Imwalle, Attorney for Avalon Bay, stated they had reviewed the new letter submitted by the Appellant and did not find that there was significant new information. However, the Applicant did modify the project voluntarily to include a filtration device that had been recommended. Robert Klein, Dublin resident, stated this project concerned him as this information was approved in 2001/2002. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G~~OFDpe~y REGULAR MEETING rn ~i~/ ~~~ MAY 17, 2011 '`~~~~~~ '1G/FOR~S DRAFT i ~~~ John Dalrymple, public speaker, stated he did not remember the inclusionary housing element mentioned at the Planning Commission meeting. The City should be thoughtful of how they were changing the inclusionary housing element. This could be setting precedence. Mr. Littlehale stated the exemption being claimed was for a residential project only and now it was said it might be converted. The purpose of CEQA was to try to deal with the costs of mitigating impacts. Mr. White stated this was a great project. There might be some concerns about air quality and they were going to mitigate them. Mayor Sbranti closed the public hearing. Mayor Sbranti asked if, in regard to affordable housing, it was part of the. Planning Commission packet. Mr. Bakker stated it was contained in the version that went to the Planning Commission. Mr. Porto stated it was presented but the Planning Commission did not elevate it to a discussion level. Mayor Sbranti asked if the rationale for what was included in the DA relative to inclusionary housing had to do with the fact that the median affordable unit price was so close to the market price. Mr. Bakker stated that was one of the rationales. The other was by limiting persons that could rent the units to those of moderate income, it tended to reduce the rents as well. State law was limiting cities' ability to enforce rent restrictions included in inclusionary zoning ordinances. Cm. Hildenbrand stated the Applicant was providing more than the 7.5% affordable housing usually required in a DA. Mayor Sbranti stated that was correct. Usually the agreement was to provide 7.5% affordable housing, but the Applicant was going to have 10°to affordable housing. Mr. Bakker stated, when the County did the transit center project, they proposed 15% across the entire transit center project. They satisfied the low and very low requirements on a specific parcel. The remaining 10% would be built in place of paying in-lieu fees on any of the 12.5% to 15%. Mayor Sbranti asked what would happen when the market went back up. Would these units still be restricted in terms of pool of occupants? City Manager Pattillo directed the City Council to a specific page in the Staff Report, Condition 17, "The Applicant/Developer shall provide a minimum 10% moderate income units of the total DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 ` G~~oF eU~~~ REGULAR MEETING 19,~~~,~ MAY 17, 2011 ~~ ~ ~~ ~'1G/FOR~1~ DRAFT Ia I~ units actually constructed within the project. Unit affordability shall be between 80% and 120% of the area median income. Affordable unit types shall be equally dispersed with the same ratio as market rate units in accordance with the Inclusionary Zoning Regulations. Any changes to the affordable units must first be reviewed and approved by the Director of Community Development." Vm. Hart asked for confirmation of the Appellant's issues. Were they the greenhouse gas issue, the physical changes of the project that would now cause a Supplemental EIR, and Pleasanton's potential growth based on its EIR. Mr. Cremin stated yes, those were the three main issues the Appellant had, which included Pleasanton's projected growth plan. Cm. Hildenbrand stated when Staff was referring to the 1,000 feet, there was only a small portion of the project thaf fell into that area. It was more of a corner. Mr. Porto stated that was correct. Cm. Swalwell stated the Applicant was voluntarily willing to put in an air filtration system. Could _ that condition be placed in the DA? Mr. Cremin stated Staff's recommendation was that the City accept it as a modification of the plan that the Applicant submitted. It would be part of the City's approval process. Tonight, part of the City's Council's motion would be to approve the voluntary measure that was submitted today in a letter dated May 17, 2011. Staff would not recommend putting it in the DA as it was a voluntary measure that the Applicant was proposing; not a City-required element. Cm. Swalwell asKed what would happen if the Applicant came back and did not include that air filtration system. , Mr. Cremin stated the Applicant would be inconsistent with the approval and the City would have enforcement mechanisms to address it. Mayor Sbranti asked, in regard to the exemptions under CEQA, if Staff could summarize the three elements where the project was exempt. Mr. Cremin stated the three elements were that it was a residential project consistent with the Specific Plan which has ~an EIR for that Specific Plan. It was a residential project that was interpreted to include ancillary uses. Mayor Sbranti asked about the exceptions to the exemptions. Mr. Cremin stated the Appellant was claiming there were three exceptions to the exemptions: 1) Substantial changes to the project which required major revisions to the EIR due to new or substantially more severe impacts. The City's response was that the City did not see DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 ~~OFDUB~ REGULAR MEETING ni ~ir ~~ MAY 17, 2011 '~~~~~~~ . ~4LIFOR~~ DRAFT i~ ~~ substantial changes in the project from what was described in the Specific Plan. 2) Substantial changes occurring to circumstances under which the project was undertaken. The City's response was in companion with changed circumstance. You had to show major revisions to the EIR due to new or substantially increased impacts. CEQA had a disclosure requirement and disclosed that. The City disclosed that and entities had the opportunity to comment on it. 3) New information component spoke of not only new information, but the key component was not known and could not,have been known with the exercise of reasonable diligence at the time the previous EIR was certified. This was important because the criteria that could not have been known with the exercise of reasonable diligence was basically a mechanism of CEQA to prevent re-openers. There was new information annually so you could continue the process repeatedly. Cm. Biddle stated the project had been planned for a long time as a transit-oriented development. It was time to move ahead with it. Vm. Hart stated the City had I-580 and I-680 and knew there were potential emissions issues. Part of the EIR did take that into consideration. He was not convinced the City had any kind of significant and/or substantial change in the greenhouse gas issue. There were also no significant changes to the layout as originally described in the EIR. In regard to Pleasanton, there was no guarantee of what it would do. It had been a thorough EIR study. He did not believe the Appealeant had met the proof he would need to approve the appeal. Cm. Hildenbrand stated the processes had been completed, and if it had not been for the slowdown, this project would have been built. It had been planned and the project met the requirements. This was a good plan and the City should stay committed. There was not significant reason to do a new EIR. Cm. Swalwell stated this was a site near the BART station and would take cars off the road. The air would get better with cars off the road. It was a better project for the inclusion of the air filters. Mayor Sbranti stated he supported what the City Council had said. When the City adopted the Climate Action Plan, the BAAQMA actually had referred to elements relative to this project and others. Staff's response to the BAAQMD included mitigation and BAAQMD signed off on the Plan. He stated he also encouraged Avalon Bay developers to include apprentices in the project. On motion of Cm. Hildenbrand, seconded by Vm. Hart and by unanimous vote, the City Council introduced an Ordinance Approving a PD-Planned Development Rezone and related Stage 1 Development Plan Amendment/Stage 2 Development Plan and Finding the Project Exempt under the California Environmental Quality Act for Avalon Bay Communities, Site C, Dublin Transit Center; and introduced an Ordinance Approving a Development Agreement and Finding the Project Exempt Under the California Environmental Quality Act for Dublin Station, Site C, Dublin Transit Center, between the City of Dublin and Avalon Bay Communities; and adopted DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 G`~OF Dp8~y REGULAR MEETING n, ~ ~~~ MAY 17, 2011 '~~~~~~~ ~c~r~a~ DRAFT RESOLUTION NO. 60 -11 ~ I~ AFFIRMING THE PLANNING COMMISSION DECISION APPROVING SITE DEVELOPMENT REVIEW AND VESTING TENTATIVE TRACT MAP 7929AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR AVALON BAY COMMUNITIES, SITE C, DUBLIN TRANSIT CENTER (APN 986-0054-005-02), PA 06-060 with the amendment made by the Applicant to the project. ~ 9~ 19~30 PM Mayor Sbranti called for a short recess. ~ 9:27:50 PM The meeting was called back to order with all City Co,uncilmembers present. ., --- ~ UNFINISHED BUSINESS Replacement of Dav on the Glen Festival 9:34:02 PM 7.1 (950-40) Director of Parks and Community Service Diane Lowart presented the Staff Report and advised that Staff would present a follow-up report on potential themes for a replacement festival for Day on the Glen starting in fall 2012. The two potential themes for consideration by the City Council included a Pasta and Wne Festival and an International Festival. Cm. Swalwell asked with the international theme, if they could include international wines. Ms. Lowart stated Staff had not considered that yet. Mayor Sbranti asked how many people on average attended Day on the Glen Ms. Lowart stated it was close to 30,000 over finro days. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 30 `~OP D~ REGULAR MEETING n; ~ ~~~ MAY 17, 2011 1`\~'~~l% ~c,~R~s DRAFT IS ~~ ~ ~ Mayor Sbranti stated he sat through a portion of the Parks and Community Services Commission meeting when it was discussed and they liked the idea of the Pasta festival with an international flair. Cm. Swalwell stated he was in favor of the international pasta and wine festival. Cm. Hildenbrand stated she liked the international theme. It ~might be called International Noodle Festival, riot pasta, or International Food and Wine festival. Vm. Hart stated he was supportive of an International Food and Wine Festival. He did not believe they should go all out with the international part. It should be marketed appropriately. Cm. Biddle stated they should go forward with an International Food and Wine Festival. Mayor Sbranti asked if Staff knew of anything comparable in the area. Ms. Lowart stated there was one in San Francisco. Vm. Hart stated some people were turned off by the term international. Ms. Lowart stated Staff was looking to get some direction from the City Council and then explore the options. Cm. Hildenbrand stated she was trying to envision what it would look like. Ms. Lowart stated Staff had not reached that level of detail yet. Mayor Sbranti stated he liked the direction they were headed. Focus could be recruiting Dublin restaurants, but Tri-Valley restaurants would also be good. There was a lot of exploring to do. The City Council directed Staff to further develop a food and wine theme for a new festival to be reintroduced in 2012, and work on event components. ~ Positano Development- Neiqhborhood Park 9:56:08 PM 7.2 (600-35) Parks and Facilities Coordinator Rosemary Alex presented the Staff Report and advised that the 2010-2015 City of Dublin Capital Improvement Program included funding for the design and construction of one of two Neighborhood Parks located in the Positano Development. As part of the design process, Staff was seeking City Council approval on the preferred Conceptual Park Design for the 4.6 acre park located in the Positano Development. DUBLIN CITY COUNCIL MINUTES VOLUME 30 `~yOFD~ REGULAR MEETING u; ~, a~ MAY 17, 2011 '`~~~~~~ 'iLl R~ 13 DRAFT l~ ~ ~ ~b Dick Alseena, Landscape Architect with MPA Design, discussed options for the park, including the preferred option, and its details. Cm. Hildenbrand asked where art in the park could go. Mr. Alseena pointed out the location on the diagram. Mayor Sbranti asked if the park only had street parking. Mr. Alseena stated it was all street parking. Vm. Hart stated there should be additional bike parking spots. Mayor Sbranti asked if, after the bids, the options go to the Parks and Community Services Commission? Ms. Alex stated typically, when the City went to bid, Staff knew what could be impacted and would bring it back to the City Council. The City Council directed Staff to proceed with the preferred Conceptual Park Design, and authorized the Consultant to proceed with preparation of construction documents. ~i NEW BUSINESS Sustainable Communities Strateqv Initial Vision Scenario 10:19:04 PM 8.1 (430-50) Senior Planner Marnie Waffle presented the Staff Report and advised that the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) were preparing a Sustainable Communities Strategy for the nine-county Bay Area region in accordance with Senate Bill 375 and were soliciting comments from local jurisdictions on the distribution of housing units to accommodate the region's population growth over the next 25 years as well as projected job growth. The proposed allocation of housing units and job growth to the City of Dublin was not consistent with current Planning policies. Vm. Hart stated he was confused how ABAG could show such a significant growth. Ms. Waffle stated the State of California came up with the projected 900,000 housing units and gave ABAG the responsibility to disseminate those throughout the Bay Area. ABAG looked at the priority development areas, the designations that each city received, and allocated units to those priority development areas based on transportation improvements and anticipated future transit investments. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 30 ,~oFOr~ REGULAR MEETING r„~ MAY 17, 2011 '`~~i!'-~~~~ Gc~ ~,s DRAFT Vm. Hart stated that sounded arbitrary. l~ I~ Cm. Hildenbrand stated this was.discussed at a workshop on Saturday. It should be looked at by region. There was a disproportionate number of housing units that the City could get because it was still growing. The City had Transportation Oriented Developments in place or priority development areas that the City had identified. There was a concern that, because of this, ABAG was giving higher percentages without regard to the region. There was discussion about this needing to be based on a regional perspective. Mayor Sbranti stated the process was somewhat arbitrary, but that was why ABAG was asking for comments. Mayor Sbranti asked, in terms of the Dublin Town Center, what was the rationale for putting so many more units away from transportation? Ms. Waffle stated there was no rationale associated with that. Mayor Sbranti asked if the City could word the letter more strongly in terms of Items 4 and 5. The City Council directed Staff to provide comments to the Association of Bay Area Governments (ABAG) on the Initial Vision Scenario. ~ ~~ Proposal to Release Citv Weed Abatement Liens on Propertv Owned bv Sved Bukhari 9:28:08 PM 8.2 (640-70) City Attorney John Bakker presented the Staff Report and advised that Syed Bukhari had requested that the City consider accepting a payment of $8,000, in exchange for the City asking that the County of Alameda release a weed abatement lien on his property in Dublin. Guy Houston, representing Mr. Bukhari, asked that the City support this measure. On motion of Cm. Biddle, seconded by Cm. Hildenbrand and by unanimous vote, the City Council approved Mr. Bukhari's request that the City accept a payment of $8,000 in full satisfaction of the weed abatement lien on his property and directed Staff to accept the offer. G Letter of Support to California Citizen Redistrictinq Commission 10:41:37 PM 8.3 (660-40) Mayor Sbranti presented the Staff Report and stated this item had come up at a Tri-Valley meeting and advised that the City Council would consider a letter to the California Citizen . Redistricting Commission. Mayor Sbranti asked if the City Council was interested in sending the letter attached in the packet. DUBLIN CITY COUNCIL MINUTES 15 VOLUME 30 ,~.~oeDr,~ ' REGULAR MEETING u;~ ~ ~~~ MAY 17, 2011 '~~~~~~~ ~ Gc R~`~ ~ DRAFT 1g 1 ~ By consensus, the City Council authorized the Mayor to sign the letter to the California Citizen Redistricting Commission. ~ Letter of Support for i-GATE Application to the United States Economic Development Administration for the i6 Green Challenqe 10:47:25 PM 8.4 (610-80 Economic Development Director Linda Maurer presented the Staff Report and advised that the City received a request from the City of Livermore, lead coordinator for the region's State Innovation Hub - i-GATE (Innovation for Green Advanced Transportation Excellence), to have the Mayor sign a letter in support of their application to the Economic Development Administration's "i6 Green Challenge." Vm. Hart stated this was a regional component and it should be supported. By consensus, the City Council directed the Mayor to provide a letter of support to the City of Livermore for the U.S. Economic Development Administration's i6 Green Challenge. ~ Designation of Two Councilmembers as Citv Representatives to Discuss Compensation with the Citv Attornev 10:50:00 PM 8.5 (600-30) City Manager Pattillo presented the Staff Report and advised that the item provides for the designation of finro members of the City Council to serve as the City's representatives to discuss terms of the City Attorney's contract, including compensation, with the City Attorney. On motion of Mayor Sbranti, seconded by Vm. Hart and by unanimous vote, the City Council designated Vm. Hart and Cm. Swalwell as the two members of the City Council to discuss compensation with the City Attorney. ~ OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports City expense (AB 1234) 10:51:20 PM and Reports by Council related to meetings attended at City Manager Pattillo stated the Farmers' market would occur on Thursday, May 19, 2011. Cm. Swalwell stated he attended the Dublin Pride Week kickoff at Emerald Glen Park, the Farmers' Market, the Sustainable Community Summit, and Relay for Life.. DUBLIN CITY COUNCIL MINUTES 16 VOLUME 30 ,~~oe or,~ REGULAR MEETING n;~ ~ ~~~ MAY 17, 2011 '\~~~~~1 ~c~ u~s DRAFT ~~ ~ l ~ Cm. Hildenbrand stated she attended the Dublin Pride Week kickoff, the Farmer's Market, and the Sustainable Community workshop. Next week would be the East Bay Division meeting at Scott's in Walnut Creek. Cm. Biddle stated he attended the Dublin Pride Week kickoff, an Alameda County Transportation Commission meeting, a Waste Management Planning Committee meeting, an Alameda County Housing Authority meeting, the Bike to Work station, the Farmers' Market, and Relay to Life. Vm. Hart stated he attended the Farmers' Market, and a Tri-Valley Transportation Commission meeting. City Manager Pattillo stated Staff was looking at parking options at the Farmers' Market. Mayor Sbranti stated he attended the Dublin Pride Week kickoff, Bike to Work Day, Farmers' Market, Relay for Life, the Red Blue and Gold Dinner, and a Local Agency Formation Commission (LAFCO) meeting. He also stated he had been was appointed President of the Alameda County Mayors Conference. ~ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 11:14:30 PM . in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES 17 VOLUME 30 ,~~oe or,~ REGULAR MEETING u;` ~ ~~~ MAY 17, 2011 '`~~~~~~ Gci e~`D