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HomeMy WebLinkAbout08-05-2008 Adopted CC MinOF DU~~~ MINUTES OF THE CITY COUNCIL ,,` OF THE CITY OF DUBLIN _~-~ s2 ~'~ ~ 1J/ REGULAR MEETING -August 5, 2008 _~~. A regular meeting of the Dublin City Council was held on Tuesday, August 5, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 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. ORAL COMMUNICATIONS Introduction of New Employee and Employee Promotion: Gary Layman, Senior Plan Checker; Caroline Soto, City Clerk 7:02 p.m. 3.1 (700-10) Community Development Director Jeri Ram introduced new Senior Plan Checker Gary Layman. City Manager Richard Ambrose introduced Caroline Soto, recently promoted to City Clerk. DUBLIN CITY COUNCIL MINUTES i VOLUME 27 `~ of ~ REGULAR MEETING 1~~~~~ August 5, 2008 ~~ ' %~ Gc~~ The City Council welcomed Mr. Layman to the City Staff and congratulated Ms. Soto on her promotion to City Clerk. Proclamation for Traffic Sergeant Bruce Rank 7:06 p.m. 3.2 (610-50) Mayor Lockhart presented Traffic Sergeant Bruce Rank with a proclamation on his retirement from the Alameda County Sheriff's Office. Sergeant Rank thanked the City Council. Public Comments 7:11 p.m. 3.3 No comments were made by any member of the public at this time. ~` CONSENT CALENDAR 7:11 p.m. Items 4.1 through 4.7 On motion of Vm. Sbranti, seconded by Cm. Oravetz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meetings of May, 6, 2008, May 20, 2008, June 3, 2008, June 17, 2008, and Special Meeting of June 3, 2008; Adopted (4.2 600-60) RESOLUTION NO. 144 - 08 ACCEPTANCE OF IMPROVEMENTS FOR GRAFTON STATION PHASE 1 -DUBLIN BOULEVARD AND GRAFTON STREET DUBLIN CITY COUNCIL MINUTES 2 VOLUME 27 0, ~ REGULAR MEETING 19,~~~~ August 5, 2008 ~~~'~~~~ ~c~~e~'m Adopted (4.3 600-60) RESOLUTION NO. 145 - O8 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 7283 AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Received (4.4 320-30) City Treasurer's Investment Report for 4th Quarter 2007-2008; Directed (4.5 640-40) Staff to review the City's Conflict of Interest Code to determine if there was a need to update the Code. Adopted (4.6 360-40) ORDINANCE N0.33 - 08 AMENDING ORDINANCE NO. 14-08, WHICH MADE FINDINGS, ADOPTED A LOCAL DRAINAGE PLAN, AND CREATED THE DUBLIN RANCH WEST SIDE STORM DRAIN BENEFIT DISTRICT, A LOCAL BENEFIT DISTRICT TO LEVY AND COLLECT CHARGES, AS A CONDITION OF DEVELOPMENT, TO REIMBURSE DEVELOPERS WHO CONSTRUCT AND INSTALL DRAINAGE FACILITIES THAT BENEFIT PROPERTIES OTHER THAN THEIR OWN Approved (4.7 300-40) the Warrant Register in the amount of $4,542,174.90. WRITTEN COMMUNICATIONS Letter from the League of California Cities Regarding the Possible Use of Local Government Revenue to Fund the State Budget Deficit 7:11 p.m. (5.1 330-80) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider authorizing the Mayor to send a letter to State officials DUBLIN CITY COUNCIL MINUTES 3 VOLUME 27 `~o~ ~~ REGULAR MEETING i;~~~~~ August 5, 2008 ~\ '~ ~~ expressing the Council's opinion on the use of local government revenues to fund the State budget deficit. The Council would also consider authorizing a Press Release and the submission of letters to the editors of local newspapers within the City, informing of the Council's opinion. Mayor Lockhart stated it would not hurt to add the City's commitment to help the State find other ways to secure its budget other than impacting the City's budget. Vm. Sbranti stated it was important to join the other elected officials who had written to the Governor with their concerns. He would like to also send a letter to the editor. Cm. Oravetz stated he would like the letter to the editor be signed by all five councilmembers. He was upset about the elimination of 22,000 State workers' jobs and cutting the salaries of other State workers. Why not cut the salaries of the state senators? On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the Council adopted RESOLUTION NO. 146 - 08 OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS and authorized Staff to issue a press release and send letters to the editors of local newspapers expressing the Council's opinion, including signatures of all Councilmembers on the letter to the State and the letter to the editor. PUBLIC HEARINGS Site Development Review and Stage 2 Planned Development Rezone fora 305,000 Square Foot Retail Center on the Southwest Corner of Martinelli Way and Hacienda Drive, PA 07-019 The Green on Park Place 7:16 p.m. 6.1 (410-30/450-30) Mayor Lockhart opened the public hearing. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 27 ~~ OF pp~ REGULAR MEETING i;~~~~~ August 5, 2008 `~ '~ /~ ~~~oR~'m Planning Consultant Kristi Bascom presented the Staff Report and advised that the City Council would consider adopting an ordinance approving a PD Rezone and related Stage 2 PD for The Green on Park Place Retail Center as well as consider adopting a resolution approving a SDR for the Green on Park Place Retail Center. Vm. Sbranti stated there was much he liked about the project, such as the pedestrian orientation, LEED certification, use of windows, and classic signage. How tall were the buildings and the trees? How much outdoor seating was available? Were all color and texture options presented going to be used? Ms. Bascom stated the majority of the buildings were single story, with building height about 35 feet. There were two buildings that did have a two story element that could go up to 55 feet. Regarding outdoor seating, they did not know the exact number of seats. Outdoor dining seating would be determined by Site Development Review waiver. It would be reviewed on a case-by-case basis of tenants. Regarding color and texture options, each building panel would be designated with a specific texture and color from those presented. Jim Wright, Blake Hunt Ventures developer of the project, stated they were honored to be at the meeting presenting the project model. He was here to answer any questions. He stated it had been a pleasure to work with City Staff and thanked them. Cm. Oravetz stated it looked like there was an "over park" number of 250 parking spaces. Cm. Hildenbrand stated the project would be a regional draw and it had a serene feeling with the different elements. Vm. Sbranti asked if there would be a tenants association that would organize events at the site. It was easier to have buy-in when you started off with a tenants association. Mr. Wright stated the events would be organized primarily by the landlord with the participation of the tenants. Mayor Lockhart stated she loved the seating tucked away in different areas. The Planning Commission had asked the Mayor to express their appreciation for their sense of ownership in working with the developers on this project. She asked about the overhead DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~~or~ REGULAR MEETING 1;~~~,~ August 5, 2008 ~\ ~ /~ C''1L1 ~ screening in relations to birds. Would recycled water be part of the project? Was the developer thinking of activities for children or families? Mr. Wright stated the issue of the screening in relation to birds was being discussed at their design control meetings. Recycled water would be part of the landscaping. In regard to family and kids, they had come up with ideas on a daily basis or special events. It was forefront on their minds. Mayor Lockhart asked what the tall tower structure was on the model. Mr. Wright stated it was a placeholder for public art for the project. Hans Baldauf, BCV Architects, stated in regard to children, there would be a pop jet fountain feature for the children. As for the art form, it would be a modern interpretation of a tower you would find in a town square. It would also be a signal for the location of the Green. Cm. Scholz stated it was an impressive layout. Mayor Lockhart asked what level of LEEDS certification they were seeking. Mr. Wright stated they were shooting for silver, but hoping for gold LEEDS certification. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote, the Council INTRODUCED an Ordinance Amending the Zoning Map to Rezone Property to the PD Planned Development Zoning District and Approving a Related Stage 2 Development Plan for the Green on Park Place Retail Center, PA 07-019; DUBLIN CITY COUNCIL MINUTES 6 VOLUME 27 `for ~ REGULAR MEETING 1;~~~,~ August 5, 2008 ~\ ~ ~~ C4LI R~~ and adopted RESOLUTION NO. 147 - 08 APPROVING THE SITE DEVELOPMENT REVIEW APPLICATION FOR THE GREEN ON PARK PLACE RETAIL CENTER LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 580 AND HACIENDA DRIVE, SOUTH OF MARTINELLI DRIVE AND EAST OF ARNOLD ROAD (APNS: 986- 0033-002, 986-0033-003) PA 07-019 UNFINISHED BUSINESS -None NEW BUSINESS Request to Initiate a West Dublin BART Specific Plan Amendment Study to Increase the Number of Hotel Rooms Permitted on the Windstar Property Located at 6700 Golden Gate Drive PA-06-009 Windstar 7:50 p.m. 8.1 (410-55) Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider the initiation of a West Dublin BART Specific Plan Amendment for the Windstar project to increase the number of hotel rooms permitted on the Windstar property, from 150 rooms to 240 rooms. Cm. Oravetz asked if there were a specific number of hotels rooms allowed on the west side of the City. Why would the City limit the number of rooms? Could someone request an increase in number of hotels rooms? Was there a limit on the east side of town? Ms. Fraser stated an environmental study had been completed to determine the number of rooms allowed. The City was limited to 396 in the entire Specific Plan area. Someone could request an increase in number of rooms. She was not aware of a number for the east DUBLIN CITY COUNCIL MINUTES ~ VOLUME 27 ~~ of ~ REGULAR MEETING i;~~~~~ August 5, 2008 ~~ '~ /~ ~~G1~~4` side of the City. To increase the number of hotel rooms allowed, the City would also have to consider traffic and water. Community Development Director Jeri Ram stated when Staff looked at a plan it was a matter of balance of land uses. They looked at traffic impacts, circulation impacts and sometimes they had to balance the uses. They had balanced the number of residential units and retail. There were capacity issues on the roads in the downtown area. Vm. Sbranti asked if the developer wanted to change the number of hotel rooms, would they have to come back and ask for another change. Ms. Fraser stated the language would say "up to 240". So if they chose 220 rooms that would be fine. Vm. Sbranti asked about the number of retail space. Why did that not have to go forward with the Specific Plan Study. Would the study look at the traffic impacts? Ms. Fraser stated the Specific Plan today allowed for a certain floor area ratio (FAR). With the 24,000 square feet, they fell within those parameters. With the Stage 1, they limited themselves to 7,500 square feet. They can go up, but the City would have to amend the Stage 1 to do it. It did not require any change to the Specific Plan. It was a zoning change. The Specific Plan already allowed a higher number. As for traffic, the City would hire an outside firm to look at traffic impacts and without the start of that study, she was not able to say what the impacts would be. City Manager Ambrose stated that through the negotiated Development Agreement, AMB was required to build their improvements in front of their property, the St. Patrick Way portion of the extension. Windstar was not. As Windstar went forward, the City would end with a dead end street and St. Patrick would be extended to the A1Vi8 property line. AMB was obligated to finish it. They would have to finish it when they developed it. The City did not have a development agreement from the applicant. Eric Heffron, Windstar, stated he appreciated the assistance of City Staff. He could not tell the Council when he would find a property developer. On motion of Vm. Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~~oe REGULAR MEETING i~~~~~ August 5, 2008 `~ '~ /~ ~iFOR~'s RESOLUTION NO. 148 - 08 APPROVING THE INITIATION OF A WEST DUBLIN BART SPECIFIC PLAN AMENDMENT STUDY FOR THE WINDSTAR HOTEL LOCATED AT 6700 GOLDEN GATE DRIVE (APN 941-1500-046-03) Architect Selection Committee for the Emerald Glen Recreation and Aquatic Complex 8:07 p.m. 8.2 (110-30) Assistant Director of Parks & Community Services Paul McCreary presented the Staff Report and advised that the 2008-2013 Capital Improvement Program included the Emerald Glen Recreation and Aquatic Complex project. A Request for Proposals for architectural services had been distributed. Staff would discuss the composition of the Architect Selection Committee. On motion of Mayor Lockhart, seconded by Cm. Oravetz and by unanimous vote, the City Council determined the make-up of the Architect Selection Committee for the Emerald Glen Recreation and Aquatic Complex, and appointed Vm. Sbranti to serve on the selection committee. Designation of Voting Delegate for the 2008 League of California Cities Annual Conference 8:10 p.m. 8.3 (140-20) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider appointing the voting delegate for the upcoming League of California Cities Annual Conference. On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the City Council confirmed the appointment of Cm. Hildenbrand as Voting Delegate for the DUBLIN CITY COUNCIL MINUTES 9 VOLUME 27 ~~ o~ REGULAR MEETING 1;~(f ~~~~ August 5, 2008 ~` '~ ~4G1 R~~ League of California Cities 2008 Annual Conference, and directed Staff to send the League of California Cities notification of the City's Voting Delegate. Special Events Vendor Policy 8:12 p.m. (8.4 950-40) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council would receive a report on a new Vendor Policy that would establish guidelines and policies for both Staff and commercial and non-profit vendors for City Special Events. The City Council and Staff discussed the permitting of street vendors during the St. Patrick's Day Parade and the fact they were not under the auspices of the Parks and Community Services Department. They needed to get a special permit from Police. Staff would discuss the issue with the City Attorney and return the information to the Council. Staff was trying to include all related policies in one for distribution to applicants. Vm. Sbranti asked if language needed to be added about political groups. Mr. Hartnett stated free speech areas were designated at the festivals. On motion of Cm. Scholz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 149 - 08 ESTABLISHING A SPECIAL EVENTS VENDOR POLICY FOR CITY OF DUBLIN SPECIAL EVENTS & FESTIVALS City Councilmember Waste Diversion Sub-Committee Appointments 8:19 p.m. (8.5 610-40) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider appointing two of its members to the Waste Diversion Ad DUBLIN CITY COUNCIL MINUTES io VOLUME 27 ~ REGULAR MEETING 19,~~~~ ,~ August 5, 2008 `~~~j~/~ ~c~~R~ Hoc Committee for a limited term beginning August 2008 and ending December 2008. The Committee would work with Amador Valley Industries and City Staff on assessing and improving the City's waste diversion programs. Mayor Lockhart stated this was listed on the City's Goals & Objectives to work with AVI to come up with additional concepts and ideas. The Council may want to look at the appointment on an annual basis. On motion of Cm. Scholz, seconded by Vm. Sbranti and by unanimous vote, the City Council confirmed the Mayor's appointment of Mayor Lockhart and Councilmember Hildenbrand to the Ad Hoc Waste Diversion Sub-Committee for the limited term of August 2008 through December 2008. Presentation Regarding a Temporary Maintenance Facility and Authorization to Begin Negotiations to Lease a Suitable Site 8:22 p.m. (8.6 235-10) Public Works Director Melissa Morton presented the Staff Report and advised that adequate funding was currently not available to construct a permanent maintenance facility discussed in the Program Study for the construction of a maintenance facility and emergency operations center (EOC). However, adequate funds had been budgeted to lease a suitable temporary maintenance facility until such time as the funds became available. Cm. Hildenbrand asked if the City was close to finding a building. Ms. Morton stated there were some excellent opportunities available. Cm. Scholz asked if distance from the Civic Center would impact supervision of Staff. Ms. Morton stated the City was looking at a central location. The sites they had been examining were centrally located. Cm. Oravetz asked what would be done with the existing maintenance site. DUBLIN CITY COUNCIL MINUTES i i VOLUME 27 oe D U~ REGULAR MEETING p;`~ ~~ ~~ August 5, 2008 ~~~~~/~ Ms. Morton stated it would be used for storage. The temporary site would provide a safe, clean environment for Staff. Vm. Sbranti asked if Staff was not looking at an EOC at this time. Ms. Morton stated that was correct. EOCs had certain requirements in terms of their sustainability after a major emergency and this facility would not meet those requirements. Mayor Lockhart stated if the City found a site, would they have to make improvements to the site. Had any thought been given to a lease- to-own agreement? Ms. Morton stated any major tenant improvements would be included in the lease. The City Council and Staff discussed the lack of suitable locations for the site, the possibility of a Camp Parks, looking at joint facilities with the school district or the water company; would Staff come back to the City Council if a suitable site was found later. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council authorized Staff to begin negotiations to lease a suitable site for a temporary maintenance facility up to 7,500 square feet for a term not to exceed 10 years. ~~ Safe and Sane Fireworks Background and After Action Report for July 4, 2008, Public Safety and Staff Activities 8:42 p.m. (8.7 650-60) Deputy Fire Marshall Bonnie Terra presented the Staff Report and advised that the City Council would receive a report on the July 4th activities including a brief background as it related to the sale and use of "Safe and Sane Fireworks" in the City of Dublin. Cm. Hildenbrand stated there was a misunderstanding that safe and sane fireworks could only be used at designated City parks. She would like clearer information provided to residents that it was legal to use safe and sane fireworks in front of their homes in Dublin. DUBLIN CITY COUNCIL MINUTES is VOLUME 27 ~,~ o~ Do~ REGULAR MEETING i;~~~t~ August 5, 2008 ~~ ~ /~ ~~ a~,m Mayor Lockhart stated that residents did use them in front of their homes and it was one of the safest way. The City Council suggested more educational information and material be distributed to residents as to where they could use fireworks. Cm. Scholz stated she had received comments from new and old residents of Dublin who were concerned as to why the City allowed the sale of safe and sane fireworks. Mayor Lockhart stated it was not only about money, it was about an activity that the City had done for the last 25 years. Her recommendation was that if someone was that concerned, they could get signatures and put it on the ballot. Cm. Oravetz stated he agreed with the Mayor. The City Council received the report regarding July 4, 2008, Public Safety Activities. 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) 8:58 p.m. City Manager Ambrose stated Staff wanted to confirm the Council's Joint Meeting with the Planning Commission on August 19, regarding Medium Density. Cm. Scholz stated she had attended the East Bay Division dinner meeting, the Camp Parks 91St Division ceremonial program; had the opportunity to attend the City employees' bar- b-que; she would attend the Task Force Meeting for the Tri-Valley Friendship Center Project and would bring back more information. She attended the Fluor Open House. Cm. Hildenbrand stated she was getting emails from concerned residents regarding the changes at the Dublin Post Office. Could the City do public outreach to let citizens know the City had not negotiated these changes? City Manager Ambrose stated Staff would come back with a report in September regarding a parking study regarding the Post Office, and they could add to that report the DUBLIN CITY COUNCIL MINUTES i3 VOLUME 27 of REGULAR MEETING ~9'`~. '~' ~ ~~ August 5, 2008 ~~~~~~ ~1GIFOR ~ recent actions of the Post Office. The City had tried working with elected officials as well as Post Office officials. The City had no control over the federal agency. The Post Office moved their postal workers to the facility in San Ramon, which now caused inconveniences for certain services for Dublin residents. Mayor Lockhart stated the City was working on setting up a new meeting with Post Office officials to discuss this situation. City Manager Ambrose stated the City could put information on the City website regarding the situation with the Post Office. Cm. Hildenbrand stated she had attended a LAVTA meeting, an ABAG meeting, and was at the East Bay Division League of California Cities dinner meeting. She asked for suggestions from the Councilmembers on how to get more attendees at these meetings. Vm. Sbranti stated he had attended the East Bay Division League of California Cities dinner meeting, a meeting with Camp Parks regarding the Community Covenant signing on September 20 at the Day on the Glen, attended a Housing Committee meeting, the Chamber Mixer, the Lawrence Livermore Lab Leadership roundtable discussion, and the Fluor grand opening. Mayor Lockhart stated she had attended LAVTA; its Executive Director was leaving; she had attended the Fluor grand opening, its mining and metals department had moved to Dublin; she wanted to remind everyone of the East Bay Stand Down which assists veterans; she thanked the Police Department for the City's National Night out events. DUBLIN CITY COUNCIL MINUTES is VOLUME 27 ~~ p~ pU REGULAR MEETING ~„ ~~``;~ August 5, 2008 ~\\~~~~~ ~troR~~ ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 9:19 p.m. in memory of our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk ATTEST: ~ ~ ~~~ y City Clerk ~-,.. Mayor DUBLIN CITY COUNCIL MINUTES is VOLUME 27 ~ REGULAR MEETING 19 ~ ~~ August 5, 2008 \\