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HomeMy WebLinkAbout04-15-2008 Adopted CC Min (2) MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - April15~ 2008 A regular meeting of the Dublin City Council was held on Tuesday, April 15, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:36 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 Presentation by Marcus Beverlv ~ Director of Risk Mana2ement~ ABAG PLAN Corporation 7:37 P.M. 3.1 (140-10) Assistant to the City Manager Julie Carter introduced Marcus Beverly who discussed the City's ABAG PLAN and the City's success in meeting the Plans Risk Management standards. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 The City Council received the presentation and thanked Mr. Beverly. . 2008 Bike to Work Dav 7:43 p.m. 3.2 (585-95) Erin Lamberger presented the Staff Report and advised that Bike to Work Day was an annual regional event organized by the East Bay Bicycle Coalition to promote the use of alternative modes of transit. The presentation was intended to update the City Council on the City's involvement in Bike to Work events around the City. The City Council received the presentation. . Public Comments 7:50 p.m. 3.3 Dr. Stephen Hanke, Superintendent, Dublin Unified School District (DUSD), thanked the City Council for its decision and direction to Staff to assist DUSD during the budget crisis. He also thanked the City for its partnership in doing the best possible job in making the school district a great place for its students. DUSD was in the process of making cuts and trying to enhance their revenue. He discussed specific requests to the City for assistance with Red Ribbon Week, Dry Grad Night, a School Resource Officer, a groundsperson at fields, pool rental at the High School and Stager Gym. He reiterated his thanks to the City for its partnership. Denis King, President of the Dublin School Board, spoke on behalf of the students of DUSD for the City's continuing partnership with DUSD; whether it be partnering on community education for character development or joint use projects to invest in the students and citizens of Dublin. Lt. Col. John B. Cushman, Camp Park, invited the public to the Camp Parks Open House on Saturday, April 19, 2008, at 10:00 a.m. to commemorate the Army Reserves 100th Year Anniversary. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 2 Mary Ann Jamison, Mount Diablo Rose Society, invited the City Council to the Spring Fling event on May 3, 2008, at the Dublin Senior Center. The show would feature many varieties of roses and would be open to the public. . CONSENT CALENDAR 8:00 p.m. Items 4.1 through 4.11 Assistant City Manager Joni Pattillo noted in regard to Item No. 4.7, on the agenda it showed only two resolutions when there were actually three resolutions for adoption. The third resolution had to do with park dedication fees that were part of the Staff Report. Vm. Sbranti pulled Item 4.2 for discussion. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Special Meeting of March 4,2008; Adopted (4.3 600-40/600-30/480-10) RESOLUTION NO. 51 - 08 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA TO RECEIVE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2008-2009 AND APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT-FUNDED AGREEMENTS WITH AXIS COMMUNITY HEAL TH, BAY AREA COMMUNITY SERVICES, COMMUNITY RESOURCES FOR INDEPENDENT LIVING (CRIL), EDEN COUNCIL FOR HOPE AND OPPORTUNITY, OPEN HEART KITCHEN, SENIOR SUPPORT OF THE TRI-V ALLEY, SPECTRUM COMMUNITY SERVICES, INC., AND TRI-V ALLEY HAVEN FOR THE SAME FISCAL YEAR AND AUTHORIZING THE CITY MANAGER TO SIGN THE ABOVE AGREEMENTS DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 3 Adopted (4.4 600-60) RESOLUTION NO. 52 - 08 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7854 (FALLON VILLAGE) and RESOLUTION NO. 53 - 08 ACCEPTING PARKLAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARK DEDICATION REQUIREMENTS FOR TRACT 7854 (POSIT ANO NEIGHBORHOOD "B") Adopted (4.5 410-40) RESOLUTION NO. 54 - 08 APPROVING PARCEL MAP 9185 (KBH INVESTMENTS, LLC) Adopted (4.6 600-60) RESOLUTION NO. 55 - 08 RELEASE OF SECURITY FOR TRACT 7525 Adopted (4.7 600-60) RESOLUTION NO. 56 - 08 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7853 (FALLON VILLAGE) and DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 4 RESOLUTION NO. 57 - 08 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACTS 7853 AND 7854, POSIT ANO NEIGHBORHOODS" A" AND "B" and RESOLUTION NO. 58 - 08 ACCEPTING PARKLAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 7853 (POSITANO NEIGHBORHOOD A) Adopted (4.8 660-60) ORDINANCE NO. 19 - 08 AMENDING CHAPTER 4.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO DRUG PARAPHERNALIA Adopted (4.9 600-60) RESOLUTION NO. 59 - 08 APPROVING PARCEL MAP AND TRACT IMPROVEMENT AGREEMENT FOR PARCEL MAP 9759 (CHEVRON SITE) Adopted (4.10 600-35) RESOLUTION NO. 60 - 08 A WARDING CONTRACT NO. 08-01, SAN RAMON ROAD WOODEN SOUNDW ALL REPAIR AND PAINTING PROJECT, TO BELLA PAINTING DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 5 Approved (4.11 300-40) the Warrant Register dated April 15, 2008, in the amount of $1,264,029.51 ; Approved (4.12 600-30/295-10) Change Order #1 for Additional Services and approved Budget Change Form. Vm. Sbranti pulled Item No. 4.2 (600-40/480-20), Agreement Between the County of Alameda and the City of Dublin for Participation in the Alameda Urban County HOME Investment Partnership Program to Receive Community Development Block Grant (CDBG) Funds for Fiscal Years 2009-2010, 2010-2011, and 2011-2012, and asked if the City were to grow to a population over 50,000 during the term of this agreement, does it preclude the City from receiving the extra funds for municipalities with populations over $50,000. Community Development Jeri Ram stated that the City did population projections at budget time and did not believe the City would reach a population of 50,000 during this three year agreement period. She had spoken to the Director at Alameda County to see if the City could opt out if it did reach the 50,000 threshold during the agreement period and she stated the City could not. Once the City did reach that threshold there was a time period to phase in all of the work needed to become an entitlement city, such as adopting an action plan. Staff would start working on that in the ne~t few years. Vm Sbranti asked what was the benefit of locking in for a three year commitment. Ms. Ram stated that the City had to sign a three year commitment because the County had a three year commitment with HUD. Mayor Lockhart asked if when the City reached a population of 5 0, 000, did the City have to wait until the next census to prove it, or in between the census, could the City complete the paperwork needed to become an entitlement city. Ms. Ram stated the City did not need to wait until after a census to complete the paperwork. The City sent yearly reports to the State and federal government on housing numbers. At a certain point, the census would send a letter to the City Manager or the Mayor and to the County and HUD to let them know that the City would become an entitlement city. At that point and time, they would work with the City to adopt all necessary documents. The City could work with the County in the next two to three years. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 6 Mayor Lockhart asked what was the downside if the City did not adopt the three year agreement. Ms. Ram stated the City would not receive any money. The Council asked Staff to be cognizant of when the City could start that necessary paperwork. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 50-08 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE ALAMEDA URBAN COUNTY CDBGmOME FUNDS PROGRAM FOR FISCAL YEARS 2009-2010,2010- 2011 AND 2011-2012 (THREE YEARS); AND AUTHORIZING THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY . WRITTEN COMMUNICATIONS 8:06 (5.1 130-60) Request for the Placement of Purple Ribbons on City Street Trees to Reco2nize the American Cancer Society's "Paint the Town Purple" Campai2n Assistant City Manager Joni Pattillo presented the Staff Report and advised that the City Council would consider Maureen Cornejo's request for the placement of Purple Ribbons on City street trees to recognize the American Cancer Society's "Paint the Town Purple" Campaign. On motion of Cm. Scholz, seconded by Vm. Sbranti and by unanimous vote, the Council received the presentation and provided Staff with direction to assist with the placement of purple ribbons on City street trees. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 7 PUBLIC HEARINGS Weeds and Combustible Refuse Abatement Order 8:09 p.m. 6.1 (540-50) Mayor Lockhart opened the public hearing. Assistant Fire Chief Bonnie Terra presented the Staff Report and advised that in accordance with Resolution No. 34-08, the City Council declared that there was a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice was posted and letters were sent to those property owners with violations. 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. Scholz and by unanimous vote, the Council directed Staff to continue the weed abatement process. . Amendment to Dublin Municipal Code Chapter 5.48 (Gamine) 8:10 p.m. 6.2 (585-50) Mayor Lockhart opened the public hearing. City Attorney John Bakker presented the Staff Report and advised that this was the first reading of an amendment to the Dublin Municipal Code Chapter 5.48 relating to Gaming. Mayor Lockhart asked if the City could specify a location or amount of items of value that could be allowed in regards to gaming? Mr. Bakker stated if the Council chose to legalize it, the City would have to get a State license for controlled games. But the State was not offering any licenses at this time. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 8 Cm. Oravetz asked if anyone at a site was playing for money, would they be arrested? Mr. Bakker stated the way the gambling laws were drafted, they could play with chips, as long as there was no money. The way the gambling laws were drafted in the State, if the game was being offered in public and they were playing for money, it was prohibited. Cm. Hildenbrand asked if the ladies at the Senior Center would be arrested if they played Bunko for money. Commander Thuman stated that would be precluded as well. Mr. Bakker stated the law applied to the players but the owners of the property would be liable for the conduct also. Mayor Lockhart asked what would happen if the City did not adopt the ordinance. Mr. Bakker stated if the City did not have an ordinance it would be legalizing certain types of games, but the City would still have to get a State permit. The State was not issuing them because of a moratorium until 2010. Cm. Scholz asked how other cities were handling the situation. Mr. Bakker stated that other cities were talking about having card rooms and adopted ordinances and rules to allow them, and when the moratorium was lifted, they could have facilities opened. Mayor Lockhart asked if the City could allow gaming in public facilities only. Mr. Bakker stated that Staff would have to do legal research to make sure it could be done. The City could possibly make it lawful only on public property and only if the house was not making money from it. Mayor Lockhart stated she did not want to abuse the law, or not say the City was not going to follow the law. But there were seniors that did like to play cards or Bunko. If there was a way for them to do it, she would prefer that. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 9 Mr. Bakker stated if they were playing those games and they were only play for chips, there would be no liability for the City. If they continued to play games without exchanging money and Staff at the Senior Center was not aware of any money changing hands, it was not a violation of the ordinance. Commander Thuman stated it was important to note that even without a City ordinance, the State Penal Code would still prohibit that kind of gaming. Mr. Bakker stated that was correct because that type of gaming was being conducted without a license. It was a violation of the Penal Code. By consensus, the City Council directed Staff to research if the City could require a license, a State license, but allow minor gaming in a public building. Mr. Bakker asked if Council's direction to Staff was to research if there was a way the City could allow the City or other public agencies to allow controlled games to take place at public facilities, but not allow private card rooms. The City Council stated yes that was its direction. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Mayor Lockhart, seconded by Cm. Scholz and by unanimous vote, the Council introduced an Ordinance Amending Chapter 5.48 of the Dublin Municipal Code relating to Gaming and directed the City Attorney to research any options that might allow specific public facilities to allow some kind of minor gaming. . DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 10 Ordinance Adding Chapter 4.36 (Emereency Medical Services) to Dublin Municipal Code (DMC) 8:26 p.m. 6.3 (660-60) Assistant Fire Chief Dave Rocha presented the Staff Report and advised that this was the first reading of an ordinance that would add Chapter 4.36 to the DMC requiring any emergency medical service provider based or operating within the City of Dublin to comply with requirements imposed by Chapter 6.114 of the Alameda County General Ordinance Code. Mayor Lockhart opened the public hearing. 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, the Council introduced Ordinance Adding Chapter 4.36, relating to Emergency Medical Services, to the Dublin Municipal Code. . UNFINISHED BUSINESS - None . NEW BUSINESS- NONE . OTHER BUSINESS Drief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AD 1234) 8:28 p.m. Assistant City Manager Joni Pattillo announced the Dublin Fine Arts Foundation Arts in the Park would be unveiling its newest art piece on Saturday, April 19th at Bray Commons Park. Bus Obscura would be giving free rides starting April 19, through the 27th. Times DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 11 and locations could be confirmed on the City's website. The East Bay Regional Parks District would be holding public meetings on the proposed 2008 Regional Park bond extension. There would be a meeting in Dublin on May 1, in the Regional Meeting Room, from 7:00 to 8:30 p.m. Vm. Sbranti stated that the Dublin Pride Week Volunteer Day to do projects throughout the City was Saturday, April 26, at Ted Fairfield Park at 8:00 a.m., with a bar-b-que later that day. There would be a Nature walk at the Tassajara Creek Trail from 1 :00 p.m. to 2:00 p.m also on the 26th. Bus Obscura would be at doing tours as part of Dublin Pride Week. The poster contest was still going on. The Food Drive would run for 5 days, April 28 through May 2, at both Safeway Stores in Dublin. There would be an e-waste event on Saturday April 26, Water Wise Gardening Workshop on May 3, Household Hazardous Waste Collection and Compost Giveaway on May 3. He had also attended the Easter Seals Bay Area fundraiser for the Tri-Valley Sports Hall of Fame. Cm. Scholz stated she enjoyed working on the Dublin Pride Committee and she would be attending the Bus Obscura and Camp Parks Open House. Cm. Hildenbrand stated she also attended the Easter Seals event. She attended a LA VT A meeting. She also attended the culmination of the City's Reads Program. She looked forward to the City participating in another Dublin Reads Program. She thanked the Library for putting the program together. Mayor Lockhart attended the Women's Club Arts Awards Program. She helped hand out awards to students that won for our region and were going on to the State competition. This was the first time the majority of students were from the City of Dublin. It demonstrated the community took the program to heart. She looked forward to seeing residents at the Camp Parks Open House. There would be a program at Wells on Thursday, at 6:00 p.m., Bowls of Hope. Bowls were created and sold with the money going to purchase animals to be distributed throughout the world. Mayor Lockhart stated there would be a meeting tomorrow evening at Zone 7 regarding Developer fees and what they might do with them to create more opportunities for water and flood control issues. It seemed they were taking a large step rather fast, in doubling the fees. The City did not feel they had enough discussion with the communities and elected officials in those communities. The City had written a letter asking the Zone 7 DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 12 Board to slow down the process. The Cities of Dublin, Livermore and Pleasanton would be in attendance at the meeting. Ms. Pattillo provided an update and stated that she had received a call from the Zone 7 General Manager late in the afternoon. After receipt of the City's letter, as well as a letter from the City of Pleasanton, they had said they would defer the item until they had further input from the stakeholders. . ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 8:43 p.m. in memory of our fallen troops. Minutes prepared by Caroline Soto, Deputy City Clerk ATTEST: ~!fV- Deputy City Clerk (J{f;~v-Y~AI(lAV ayor ~ DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING April 15, 2008 13