HomeMy WebLinkAbout02-19-2008 Adopted CC Min (2)
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING - February 19. 2008
CLOSED SESSION
A closed session was called to order by Mayor Lockhart at 6:30 p.m.
Councilmembers Hildenbrand, Oravetz, Scholz, and Mayor Lockhart,
Vice Mayor Sbranti
CLOSED SESSION - EXISTING LITIGATION
Government Code Section 54956.9, subdivision a
Name o/Case: Arroyo Vista Tenants Association et al. v. City o/Dublin et al.
United States District Court, Northern District o/California, Case No. C07-
05794 MHP
II. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to
Government Code
Section 54957, Title: City Manager
.
A regular meeting of the Dublin City Council was held on Tuesday, February 19,2008, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:00 p.m., by Mayor Lockhart.
Present:
Absent:
I.
.
ROLL CALL
PRESENT: Councilmembers Hildenbrand, Oravetz, Scholz, and Mayor Lockhart.
ABSENT: Vice Mayor Sbranti
.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
REPORT ON CLOSED SESSION ACTION
Mayor Lockhart advised that no reportable action had been taken and that Closed Session
Item II will be heard at the conclusion of the meeting.
.
ORAL COMMUNICATIONS
Introduction of New Emplovee
7: p.m. 3.1 (700-10)
Administrative Aide Jaime Martin, Community Development Department, was introduced
and welcomed by the Mayor and Council.
.
Recognition of Nominees for City of Dublin's 2007 Citizen
and Y oun!! Citizen of the Year
7:05 p.m. 3.2 (610-50)
Mayor Lockhart advised that the Citizen of the Year and Young Citizen of the Year
nomination period had been extended to February 15,2008. She acknowledged the
Nominees for 2007 Young Citizen of the Year, Lauren Banks, Terrance Van Tuyl, Asian
Brown, Matthew Spring, Tanya Vucetic, and Nominees for 2007 Citizen of the Year,
James Kohnen and Rich Guarienti and presented each nominee with a Certificate.
The winner will be announced at the City's "Jazzed About Our Volunteers" event on
Friday, February 22, 2008 at the Dublin Senior Center.
Reco!!nition of Nominees for 2007 Or!!anization of the Year
7:05 p.m. 3.3 (610-50)
The Council recognized Nominees for 2007 Organization of the Year: Friends of the
Dublin Library, General Federation of Women's Club DublinlDublin San Ramon
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
Women's Club, and School of Imagination/Happy Talkers and commended the Nominees
for their service to the community. Mayor Lockhart presented each nominee with a
Certificate.
The winner will be announced at the City's "Jazzed About Our Volunteers" event on
Friday, February 22,2008 at the Dublin Senior Center.
.
Public Comments
7:10 p.m. 3.4
Lt. Col. John Cushman, presented an update on Camp Parks, including Global Med
Exercise scheduled for the middle of June and invited the Councilmembers, Mayor and
residents to an open house ceremony at Camp Parks on April 19, 2008.
Cm. Hildenbrand requested the schools be notified of the Global Med Exercise.
.
CONSENT CALENDAR
7:13 p.m. Items 4.1 through 4.12
On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, with
Vice Mayor Sbranti absent, the Council took the following actions:
Approved (4.1) Minutes of January 15, 2008 and Special Joint Meeting of January 31,
2008;
Adopted (4.2 660-60);
ORDINANCE NO. 07-08
AMENDING CHAPTER 5.88 OF THE DUBLIN MUNICIPAL CODE RELATING
TO DANGEROUS WEAPONS
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
Adopted (4.3 660-60)
ORDINANCE NO. 08-08
REPEALING CHAPTER 4.32 OF THE DUBLIN MUNICIPAL CODE RELATING
TO PRIVATE PATROLS
Approved (4.4 600-30) artist agreements with Tricia George, Margarita Soyfertis, and
Colin Lambert & Peter Adams, and authorized the Mayor to execute the agreements.
Adopted (4.5 600-30)
RESOLUTION NO. 18-08
APPROVING AMENDMENT NO.2 TO THE CONSULTING SERVICES
AGREEMENT WITH THE ZAHN GROUP, INC., FOR THE BUILDING
MANAGEMENT STUDY
Adopted (4.6 600-30)
RESOLUTION NO. 19-08
APPROVING AMENDMENT #2 TO THE AGREEMENT WITH S&C
ENGINEERS, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES
FOR THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS PROJECT
Adopted (4.7 600-35)
RESOLUTION NO. 20-08
ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS
DEEMED TO BE PEDESTRIAN HAZARDS (CITY FUNDED REPAIR
PROGRAM)
and authorized Staff to advertise for bids for the 2007-2008 Annual Sidewalk Safety
Repair Program and Curb Ramp Installation;
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
Adopted (4.8 600-50)
RESOLUTION NO. 21-08
APPROVING AGREEMENT WITH METROPOLITAN TRANSPORTATION
COMMISSION FOR REGIONAL SIGNAL TIMING PROGRAM (2008 CYCLE)
Adopted (4.9 600-50)
RESOLUTION NO. 22-08
APPROVING REVISED COOPERATIVE AGREEMENT BETWEEN THE CITY
OF DUBLIN (CITY) AND STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR DUBLIN BOULEV ARDIDOUGHERTY
ROAD STORMWATER TREATMENT
Authorized (4.10 600-35) Staff to solicit bids for Contract No. 08-02, 2007-2008
Citywide Street Storm Drain Condition Assessment;
Adopted (4.11 200-20)
RESOLUTION NO. 23-08
APPROVING CONTINUATION OF EMERGENCY ALLOWING WAIVER OF
COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR
ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER
Adopted (4.12 300-40) the Warrant Register dated February 19,2008 in the amount of
$1,355,906.26.
.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
WRITTEN COMMUNICATIONS
Letter from Association ofBav Area Governments reg:arding: Universal Waste
7:15 p.m. (5.1 810-50)
Administrative Analyst Roger Bradley presented the Staff Report and advised that the
City Council would consider adopting a resolution indicating support for legislation that
extends responsibility to the producers of materials that are banned from the State's
landfills, and defined as "universal waste" (U- Waste), in bearing the financial cost of
disposal management. The Producer Responsibility Resolution would send a signal that
the City of Dublin cannot afford to finance the disposal of these waste streams, and seeks
an understanding from producers that they bear some responsibility for the products they
produce.
Councilmembers spoke in support of legislation that extends responsibility to the
producers of materials that are banned from landfills in bearing the financial cost of
disposal management.
On motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, with
Vm. Sbranti absent, the Council adopted
RESOLUTION NO. 24- 08
EXTENDED PRODUCER RESPONSIBILITY SUPPORT
.
Dublin Fine Arts Foundation (DFAF) - Art Takes Place Proiect Update
7:20 p.m. 5.2 (900-50)
Heritage & Cultural Arts Supervisor John Hartnett presented the Staff Report and updated
the City Council on the Art Takes Place Project and the Dublin Fine Arts Foundation
Board request to ascertain the City of Dublin's interest in proceeding with the Bus
Obscura Project independent of the Cities of Pleasant on and Livermore.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
Lynne Baer, Consultant for Dublin Fine Art Foundation, presented a power point defining
the Bus Obscura Project and provided information on the Artist.
Cm. Hildenbrand disclosed she is on the Dublin Fine Art Foundation Board.
Councilmembers in attendance and Mayor Lockhart spoke in support of her participation.
Councilmembers spoke in support stating the project is unique and interesting and
recommended availability of the Bus Obscura during Dublin Pride Week. They also
encouraged student participation and recommended City of Dublin Organizations, City of
Dublin Schools and City residents be given priority
On motion of Cm. Oravetz, seconded by Cm. Scholz, and by unanimous vote, with Vm.
Sbranti absent, the Council provided Staff direction to proceed with the Bus Obscura
Project and notify Dublin Fine Arts Foundation of the City's intent.
.
PUBLIC HEARINGS
Consideration of Ordinance Amending Ordinance No. 06-07, Which Created the
Dublin Ranch East Side Storm Drain Benefit District (which includes the Property
within the City's Territorial Limits to the East of Dublin Ranch and Fallon Road) to
Include an Interest Component in Accordance with the Subdivision Map Act
7:40 p.m. 6.1 (360-40)
Mayor Lockhart opened the public hearing.
Public Works Director Melissa Morton presented the Staff Report and advised that the
developer of Dublin Ranch constructed drainage facilities that also benefited other
property owners in the Eastern Dublin area. Ms. Morton advised that the City Council
would consider adopting the proposed Ordinance to adjust the reimbursement amounts to
include interest.
No testimony was received by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
11?~~l\1
19 ~"82
,~,
Qy,~~~
On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, with
Vm. Sbranti absent, the Council waived the first reading and INTRODUCED Ordinance
Amending Ordinance No. 06-07, which made findings, adopted a Local Drainage Plan,
and created the Dublin Ranch East 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.
.
Ordinance Implementing the Digital Infrastructure and Video Competition Act of
2006 by Adding Chapter 3.22 (Video Service Provided by State Franchise Holders)
to the Municipal Code
7:45 p.m. 6.2 (660-60)
Mayor Lockhart opened the public hearing.
Administrative Analyst Roger Bradley presented the Staff Report and advised that the City
Council would consider adopting an ordinance adding a section to the Dublin Municipal
Code to include a new franchising mechanism that applies to cable service providers
which operate within the City under a State Franchise Agreement. The Council
considered updating the fee schedule in support of Public, Education, and Governmental
Programming facilities, reviewed customer service standards and penalties, and
established auditing and reporting protocols required by the franchise holder.
City Manager Richard Ambrose spoke on evaluating the acceptable use of the fee.
Assistant City Attorney John Bakker responded to Council questions on availability of
cabel channels.
No testimony was received by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with
Vm. Sbranti absent, the Council waived the reading and INTRODUCED Ordinance
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
Adding Chapter 3.22 to the Dublin Municipal Code, Relating to Regulations for the
Provision of Video Service by State Franchise Holders.
Ordinance Amending Dublin Municipal Code (DMC)
Chapter 4.12 Relating: to Auctioneers and Secondhand Dealers
7:50 p.m. 6.3 (660-60)
Mayor Lockhart opened the public hearing.
Assistant City Attorney John Bakker presented the Staff Report and advised that this is
the first reading of an Ordinance amending Chapter 4.12 of the DMC relating to
Auctioneers and Secondhand dealers, including the substantive change to regulate all
dealers of second hand goods.
No testimony was received by any member of the public relative to this issue.
Mayor Lockhart closed the public hearing.
On motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, with
Vm. Sbranti absent, the Council waived the reading and INTRODUCED Ordinance
amending Chapter 4.12 of the Dublin Municipal Code relating to Auctioneers and
Secondhand Dealers.
.
UNFINISHED BUSINESS
Funding Opportunities through the Station Area Planning Program Offered by the
Metropolitan Transportation Commission (MTC) and the Association of Bay Area
Governments (ABAG) in Connection with Priority Development Areas (PDA)
7:53 p.m. 7.1 (470-30)
Senior Planner Marnie Nuccio presented the Staff Report and advised that Staff was
seeking the City Council's support for submission of a Planning Grant application through
the Metropolitan Transportation Commission's Station Area Planning Grant program.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
~Of~
1/~~~~4:~\1
19 "-i ~ 82
,~,
QilJroR~~
She stated funding secured through the program would supplement the cost of preparing
the new Downtown Dublin Specific Plan, including the preparation of an environmental
document, and that funding was also being sought to supplement the cost of planning
efforts for the Dublin Boulevard! Amador Plaza Road intersection improvements.
Mayor Lockhart asked the amount of the Grant if the City is selected.
Senior Planner Nuccio responded the City could receive a minimum of $100,000 and a
maximum of $750,000 per grant, with a local match of 20% of the total project budget
required that must be provided as a cash match.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with
Vm. Sbranti absent, the Council directed Staff to proceed with an application for
Planning grants for the new Downtown Specific Plan and a precise plan for the Dublin
Boulevard! Amador Plaza Road intersection improvements as part of the Metropolitan
Transportation Commission's Station Area Planning Program.
.
Resolution Amending and Restating the Rules for the Conduct of Meetings of the
City Council to Prohibit Political Activities by Councilmembers during Council
Meetings and Making Other Non-Substantive Changes to Conform to State Law;
Resolution Prohibiting Political Activities by Councilmembers at the Civic Center
and While Representing: the City in an Official Capacity
7:55 p.m. 7.2 (610-20)
Assistant City Attorney John Bakker presented the Staff Report and advised that the City
Council would consider the adoption of two resolutions revising the rules for the conduct
of meetings of City Council, including provisions to deal with the circumstances under
which items not on the posted agenda can be considered at a council meeting, and the
second resolution would prohibit Councilmembers from engaging in political activities at
the Civic Center while representing the City in an official capacity.
Vm. Sbranti arrived at 7:56 p.m.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
Mayor Lockhart requested clarification relating to political activities of guests and visitors
at City Hall.
Assistant City Attorney John Bakker responded on guests and visitors in a governmental
capacity vs. a campaign capacity, stating guests would be prohibited from campaigning at
the Civic Center.
Councilmembers spoke in support of the proposed changes.
On motion of Cm. Hildenbrand, seconded by Vm. Sbranti, and by unanimous vote, the
City Council adopted
RESOLUTION NO. 25 - 08
AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF
MEETINGS OF THE CITY COUNCIL (REPLACING RESOLUTION NO. 156-01)
and
RESOLUTION NO. 26 - 08
PROHIBITING COUNCILMEMBERS FROM ENGAGING IN POLITICAL
ACTIVITIES AT THE CIVIC CENTER AND WHILE REPRESENTING THE
CITY IN AN OFFICIAL CAPACITY
.
NEW BUSINESS
Police Activities Leag:ue (PAL) Chapter Feasibility
8:05 p.m. 8.1 (580-40)
Parks and Community Services Manager Paul McCreary presented the Staff Report and
advised that the City Council established a medium priority objective to explore the
feasibility of establishing a Police Activities League (PAL) chapter in Dublin. He stated
Staff conducted an analysis and review of the California PAL organization and the
requirements for establishing a chapter. A power point was displayed on the overview of
the California PAL Program, including formation, identification of needs that can be met
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
by formation of the PAL Program and how needs are being met now. The presentation
included provisions of Option 1 - Form a PAL Chapter, and Option 2 - Begin Fundraising
for City Fee Assistance Program for Youth. Mr. McCreary concluded the presentation
with the Parks and Community Services Commission recommendation to not form a PAL
chapter at this time, but instead pursue Option 2 to secure funding for a youth fee
assistance program.
Mayor Lockhart and Councilmembers discussed the pros and cons of Option 1 and
Option 2, including additional staffing levels, funding options, costs, a youth fee
assistance program, access to existing youth services and providing a means for Police
Services to refer at-risk youth of all economic abilities to existing programs as a crime
prevention tool.
Police Commissioner Thurman responded that in order to establish a viable PAL chapter,
additional staffing would be required and that a sworn officer is preferable to make the
connection with youth between the Police Department and the youth of the community,
but that support staff could be non-sworn.
Councilmembers spoke in support of the PAL Program, citing the cost of additional staff
for the Police Services and Parks and Community Services Department as the number one
barrier to participation.
City Manager Richard Ambrose spoke on the on-going cost of additional staff, reminded
the Council of the addition of two juvenile Police Officers, and recommended Staff bring
the PAL proposal back as part of the budget workshop.
Council consensus to direct Staff to review funding options and opportunities to offset the
costs of the program and report back as part of the budget workshop
.
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 (AD 1234)
8:30 p.m.
City Manager Richard Ambrose announced the Volunteer Dinner to be held on Friday,
February 22nd and the Tri-valley meeting in Danville on February 28th.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
Cm. Scholz stated she represented the City of Dublin at the Alameda County Library
Advisory Commission and spoke on the Library's need for funding. She also attended the
Dublin Pride Committee meeting and stated she is looking forward to attending the
Volunteer Dinner this Friday.
Cm. Hildenbrand reported on attending the League Dinner in San Leandro and spoke on
concerns relating to the unfinished appearance of the BART Parking Garage. City
Manager Richard Ambrose responded that Staff will follow-up with the County and report
back.
Mayor Lockhart responded she had contacted the County relating to the unfinished
appearance of the BART Parking Garage and was told the structure will not be painted.
She also spoke on Dougherty Valley development traffic concerns.
Vm. Sbranti requested the time line for the Dougherty/Dublin Blvd. intersection. Public
Works Director Melissa Morton responded the intersection will be completed this
summer. She also spoke on the traffic analysis and costs for Tassajara/Scadett Drive. Cm.
Hildenbrand stated the Dougherty Valley and Tassajara Valley traffic through Dublin has
a significant impact on residents. City Manager Richard Ambrose stated Staff will review
the traffic issue but that the timing is uncertain and depends on when adequate funds will
be available to complete the roads.
Vm. Sbranti reported on the Audit Committee meeting, stating the City's fiscal position is
still strong. He also announced the success of the Dublin High School Varsity Basketball
Team.
Mayor Lockhart spoke on a disappointing news article, citing the misinformation printed.
She also announced she presided over her first wedding this weekend. She concluded her
comments by asking the legal staff to review prohibiting weapons of any kind in the
Council Chamber, other than those of sworn police officers. Assistant City Attorney John
Bakker will report back.
.
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008
ADJOURNMENT
10.1
There being no further business to come before the Council, the meeting was adjourned in
memory of our fallen troops at 8:50 p.m. to a closed session for Item II, Public Employee
Performance Evaluation pursuant to Government Code Section 54957, Title: City
Manager.
REPORT ON CLOSED SESSION ACTION
Mayor Lockhart advised that no reportable action had been taken.
Minutes prepared by Carolyn Parkinson, Interim City Clerk.
ATTEST:
(]~{ f~
Deputy City Clerk
~
DUBLIN CITY COUNCIL MINUTES
VOLUME 27
REGULAR MEETING
February 19, 2008