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HomeMy WebLinkAbout06-16-2009 Adopted CC Min~~. ~r LU~~~ MINUTES OF THE CITY COUNCIL ,`~ OF THE CITY OF DUBLIN -~ a~ ~~ /~ REGULAR MEETING -June 16 2009 - ~\~ V ~ w CLOSED SESSION A closed session was held at 6:31 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S. District Court, Northern District of California, Case C 07-05794 MHP •~ A regular meeting of the Dublin City Council was held on Tuesday, June 16, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: None •~ PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff, and those present. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 28 G~~pFD(jq, REGULAR MEETING 19,~~~~Cy~~ June 16, 2009 ~\ ~'lGIFpR~~~ REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ORAL COMMUNICATIONS Community Leadershiu Day 7:06 p.m. 3.1 (130-60) Miss Pam Luster, Vice President of Las Positas College, promoted the Community Leadership Day on August 6, 2009, intended to build relationships through a targeted leadership event. Miss Luster thanked the Tri-Valley Mayors for accepting Dr. Pollard's invitation to be Honorary Chairs of the event and hoped to see all Councilmembers. Vm. Hildenbrand commented she would be out of town, but hoped to hear reports from the Mayor and Councilmembers about this event. •~ Certificate of Recognition of Lt. Col. John D. Cushman for His Service at Camp Parks 7:09 p.m. 3.2 (610-50) The City Council presented a certificate of recognition to Lieutenant Colonel John D. Cushman for his dedicated service to our country and the community. Lt. Col. Cushman stated he appreciated the honor having served this community, and the support given to him while he served the City of Dublin. Lt. Col. Cushman introduced Lt. Col. Michael Friend, his replacement as Garrison Commander of Camp Parks, effective June 19, 2009. Vm. Hildenbrand commented on Lt. Col. Cushman's active participation in the community and thanked him for his partnership with the City. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 G~~pFDp~ REGULAR MEETING ~9'~~~`~ June 16, 2009 ~` c~,~~~~~ Public Comments 7:17 p.m. 3.3 No comments were made by any member of the public at this time. •~ CONSENT CALENDAR 7:17 p.m. Items 4.1 through 4.5 Mayor Sbranti pulled Item 4.4 for further discussion. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council took the following actions, with the exception of Item 4.4: Approved (4.1) Minutes of January 31, 2009 and March 31, 2009; Adopted (4.2 600-60); RESOLUTION NO. 82-09 APPROVING THE IMPROVEMENT AGREEMENT WITH STANFORTH HOLDING COMPANY, LLC, AND TOP GRADE CONSTRUCTION, INC., FOR FALCON GATEWAY, FALCON ROAD AND DUBLIN BOULEVARD -PHASE 1 IMPROVEMENTS Adopted (4.3 450-30); ORDINANCE N0.9-09 APPROVING AN AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT OF DUBLIN RANCH AREA C SPECIFICALLY FOR THE PROJECT KNOWN AS FALCON GATEWAY COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND FALCON ROAD IN AREA C OF DUBLIN RANCH (APN 985-0027-009-03) PA 08-034 DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~ of ~~ REGULAR MEETING ,,;` ~ ~~~ June 16, 2009 '`~~~~ '1GIPbR~4' Approved (4.5 300-40) the Warrant Register in the amount of $2,077,670.22. Mayor Sbranti questioned Item 4.4, Section 2, the contracts referred to rate increase schedules. The Mayor stated he could not locate this portion of the report and questioned what would be increased for the upcoming fiscal year. Public Works Director, Melissa Morton, responded there would be no increases for Fiscal Year 2009-2010. Increases that had been granted in past years were based on the Consumer Price Index, stated in the contract. A letter was issued to all contractors which stated the City wished to continue using their services, however, due to financial hardships there would be no increases. All contractors unanimously understood the situation and agreed to the City's terms. City Manager Pattillo commented the letters were sent out in January 2009, prior to the index produced, and agreed upon at that time by all the consultants. This was based on the projected deficit for the current Fiscal Year 2008-2009. Mayor Sbranti commended Staff for their work on the balanced budget, and relayed appreciation for all consultants continued partnership with the City. On motion of Mayor Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOL UTION NO. 83 - 09 APPROVING AMENDMENTS TO AGREEMENTS FOR ENGINEERING SERVICES WITH KIMLEY--HORN & ASSOCIATES, INC., OMNI-MEANS, LTD, TJKM TRANSPORTATION CONSULTANTS, BERLOGAR GEOTECHNICAL CONSULTANTS, BSKASSOCIATES, CAL ENGINEERING & GEOLOGY, INC., RBF CONSULTING, SNG & ASSOCIA TES, INC., AND MARK RESOL VE, INC. WRITTEN COMMUNICATIONS -None DUBLIN CITY COUNCIL MINUTES 4 VOLUME 28 `~oFOti°~ REGULAR MEETING 19 ~~~,~ June 16, 2009 `\ ~ /~ ~4GIftpR~S ~~ PUBLIC HEARINGS Multi-Modal General Plan Circulation Map and Amendments to the General Plan related to the Creation of the Multi-Modal Map PA 09-010 7:20 p.m. 6.1 (420-30) Mayor Sbranti opened the public hearing. Senior Planner Erica Fraser presented the Staff Report and advised that aMulti-Modal Map was a comprehensive tool used to relay transportation opportunities within a specific location. The function of a Multi-Modal Map was to show the various methods of transportation within the City including pedestrian, vehicles and bicycle trips as well as connections to other cities. Amendments were proposed to the General Plan related to the inclusion of the Multi-Modal Map. Mayor Sbranti asked how bicycle lanes affected this proposal based on increased bicycle riders to the new West Dublin Bart Station. Ms. Fraser replied this amendment did not propose any changes. The bicycle circulation map followed the adopted bicycle master plan. Director of Public Works Melissa Morton further clarified the bicycle master plan addressed the concern of bicycle traffic. There were markings and signage that indicated to motorists to be aware of bicyclists. Mayor Sbranti asked for a specific location where this signage was displayed. Ms. Morton referred to the bike lane in front of Civic Center located on Dublin Blvd as an example of the signage. There were no public comments received. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 Gti~ of W REGULAR MEETING 19,~~~~~ June 16, 2009 `~ ~'1G/I"OR~~~ On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 84-09 AMENDING THE CITY OF DUBLIN GENERAL PLAN TO ADOPT AMULTI- MODAL GENERAL PLAN CIRCULATION MAP AND AMENDMENTS TO THE GENERAL PLAN RELATED TO THE CREATION OF THE MULTI-MODAL MAP PA 09-010 •~ Adoption of Rates for Garbage Collection, Disposal, And Recycling Services Provided by Amador Valley Industries and Establishing the 2009-2010 Annual Assessment 7:33 p.m. 6.2 (810-30) Mayor Sbranti stated this item would be continued to the June 23, 2009 adjourned regular meeting. UNFINISHED BUSINESS Acceptance of Work -Contract No. 08-16, In-Pavement Lighted Crosswalk - Amador Valley Boulevard at Wildwood Road 7:27 p.m. 7.1 (600-35) Public Works Director Melissa Morton presented the Staff Report and advised that this project installed an in-pavement lighted crosswalk on Amador Valley Boulevard at Wildwood Road in order to facilitate traffic awareness and improve safety for pedestrians and bicyclists traveling on the Alamo Creek Trail and wishing to cross Amador Valley Boulevard. It was now appropriate for the City Council to accept the first phase of the improvements as completed. Cm. Biddle commented this lighted crosswalk was the first project of this kind. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 28 `~oF1ki~ REGULAR MEETING i;~~~~~ June 16, 2009 ~~ ~ ~~ Ms. Morton replied it provided an opportunity to monitor effectiveness of increased awareness of pedestrian crossings. The project would be closely monitored to ensure pedestrians ensured traffic did come to a stop before crossing. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council accepted the improvements under Contract No. 08-16, In-Pavement Lighted Crosswalk, and authorized the release of retention after 35 days if there were no subcontractor claims. Consideration of Amendment to the City of Dublin Smoking Pollution Control Ordinance 7:35 p.m. 7.2 (560-90) Administrative Analyst Roger Bradley presented the Staff Report and advised that at the City Council meeting on May 5, 2009, Vice Mayor Hildenbrand requested the City Council consider amending the City's Smoking Pollution Control chapter of the Dublin Municipal Code. The specific area of interest that the City Council would consider was a prohibition of smoking within the total property area of private homes licensed to operate as daycare centers. Cm. Biddle commented the amendment in the Code would completely prohibit smoking for all residential daycare centers. Vm. Hildenbrand stated the issue was that second hand smoke presented a detriment to children. If smoking occurred outside of the daycare center, second hand smoke could drift. This amendment covered the total property area, and further protected all children present. Mayor Sbranti added this provision further refined an existing policy. Cm. Hart asked for clarification on the difference of this amendment in relation to the existing Nuisance Smoking Ordinance. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 G~~OFD(jB~ REGULAR MEETING ~9'~~~`~ June 16, 2009 ~~ ~ /~ Gc~FOC~~'m Mr. Bradley responded if a resident was being affected by smoke from an adjacent neighbor they reserved the right to seek an injunction to have the individual cease smoking in the area that encroached on their property. Cm. Hart questioned the difference of the Nuisance and the Smoking Pollution ordinances. Mr. Bradley responded the difference between the two ordinances were the Nuisance Ordinance called for the resident to take action, and the Smoking Pollution Ordinance called for the City to take action. Cm. Hart asked if the Code Enforcement Division handled the enforcement of these ordinances. Mr. Bradley clarified that Police Services handled the enforcement, with the first offense having a $100 fine, second offense $200, and third offense was $500. Vm. Hildenbrand commented on the distinction of the nuisance ordinance. A neighbor would have to prove in a small claims court that the second hand smoke caused damages. In a childcare business, smoking was prohibited on the entire property. Cm. Hart asked for clarification of a signage provision in the actual Nuisance Ordinance for enforcement purposes. His desired outcome would be not to increase calls to Police Services, to try and enforce such a violation. Cm. Biddle stated the language in the ordinance stated smoking within 20 feet of the premises. Cm. Hart commented that smokers would have to walk out on to the sidewalk to smoke. City Attorney Libby Silver noted the code clearly required a no smoking sign in all places of employment and also extended to a daycare business. Cm. Hart asked if there had been inspections conducted at daycare facilities to ensure compliance. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 of REGULAR MEETING ,,;~~~~;~ June 16, 2009 '~\\~~~/~ ~c~FOR~ Vm Hildenbrand clarified that this particular daycare inspection was initiated by a reported concern that there was smoking on the premises where the 20 foot requirement was being challenged. Cm. Hart asked for assurance that the City implement an ordinance that could be enforced and implemented for a reason. Cm. Biddle asked if the existing 14 daycare centers in the City would be notified of this action with clear guidelines. Mr. Bradley responded that the City would notify all existing daycare centers of City Council action with clear guidelines. On motion of Vm Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council considered Vice Mayor Hildenbrand's request to amend the City's Smoking Pollution Control Ordinance to prohibit smoking within the total property area of private residences licensed to operate as daycare homes. Direction to Staff would be to prepare a Municipal Code Amendment proposal prohibiting smoking within the total property area of private residences licensed to operate as daycare homes, 24 hours 7 days a week. Civic Bay-Friendly Landscagin~ Policy 7:51 p.m. 7.3 (530-30) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider directing Staff to prepare a Civic Bay-Friendly Landscaping Policy for new or renovated City landscaping projects. Landscapes developed under the Bay-Friendly Landscaping program were developed with greater local pest resistance, less maintenance, less use of resources, and less generated waste with a potential added benefit of less cost in the long-term. Cm. Hart commented that the City's requirement of a 25% ratio, seemed low. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 G~`~oevr, REGULAR MEETING ,9,~~~,~ June 16, 2009 ~~ ~ ~~ C',~,~,.OR~~` Mr. Bradley responded Staff did not believe reaching the goal would be a problem. However, some of the required items caused augmentation of current landscape practices. Some of the City's current projects could have a significant impact. Included in the model ordinance, was a provision for the compliance official to opt out certain features, in case they could not incorporate the Bay Friendly landscaping. Mayor Sbranti commented that 11 of the 17 jurisdictions had already adopted a Bay Friendly Landscaping Policy. City Manager Pattillo stated several of these jurisdictions which had already adopted a Bay Friendly Landscaping policy, were at build out. Stopwaste.Org had moved forward with this funding because the City had met 4 of the 5 conditions to incorporate the landscaping. As a result of adopting. the Policy, $38,000 funding would be available for current and upcoming development projects. Cm. Biddle asked if this applied to public or private projects. Mr. Bradley clarified the funding was applicable to civic projects. Projects defined as those that partnered with the City and not privately. Projects that had already begun would be exempt from this requirement. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council provided Staff with direction on the preparation of a Civic Bay-Friendly Landscaping Policy. •~ New Dublin Maintenance Yard Facility Improvements and Design Development Review 8:02 p.m. 7.4 (600-30) Parks and Facilities Development Manager Herma Lichtenstein presented the Staff Report and advised that the architect had prepared the design development plans for the New Dublin Maintenance Yard Facility which included three different options for the building exterior. The three options would be presented by the Dahlin Group. The architect DUBLIN CITY COUNCIL MINUTES io VOLUME 28 ~oFnU~ REGULAR MEETING ,,;1 ~ ~ i9 ~ ~ ~~ June 16, 2009 ~`~~~~ ~LIFOR~ commented that colors would play a big part of the design element on the paneling systems on the existing walls. Cm. Hart asked for clarification of an additive alternate photo solar panel. Ms. Lichtenstein explained if a project budget had excess funds, by including an additive alternate bid item, the City could include the item proposed. If the project did not have excess funds to cover the item, it would be excluded. Mayor Sbranti state he preferred option 1 or 3 over option 2. Option 1 had the least cost. However, Option 3 was preferred due to the aesthetics. Ms. Lichtenstein explained the difference among the three options were Option 3 required additional structural framing. Vm. Hildenbrand added Option 3 set a standard for City facilities and was appealing. Mayor Sbranti commended Ms. Lichtenstein for the consistency in the design of City facilities. He also stated the importance of aesthetics in relation to the location of the facility. On motion of Vm Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council selected the preferred option, Option 3, and authorized Staff to prepare construction documents. Positano Affordable Housing Agreement -Amendment No. 3 to the Affordable Housing Agreement for the First Phase of Positano 8:13 p.m. 7.5 (600-30) Acting Planning Manager Jeff Baker presented the Staff Report and advised that Braddock & Logan was requesting approval of Amendment No. 3 to the First Phase Affordable Housing Agreement for Positano. Braddock & Logan proposed to construct 31 affordable units in Part One of the First Phase, rather than 26 units as currently permitted by the agreement, which would avoid the necessity of paying the in-lieu fee for DUBLIN CITY COUNCIL MINUTES i i VOLUME 28 G~~pFplj REGULAR MEETING 19,~~~~~ June 16, 2009 ~\ ~cr Res the additional five unit obligation. It would also result in five fewer affordable units being constructed in Part Two of the First Phase. In addition, Braddock & Logan proposed to modify the unit mix and affordability of the affordable units in Parts One and Two. Under the current proposal, Braddock & Logan would introduce a new unit size -secondary units as studio apartments at 275 square feet each (rather than one-bedroom units at 437 square feet each). The proposal would: 1) eliminate seven of the four-bedroom detached homes affordable to low and moderate income households; 2) eliminate nine of the one- bedroom secondary units affordable to very-low and low income households; and 3) add 21 studio secondary units affordable to very-low income households. Jeff Lawrence, Vice President of Braddock and Logan, commented that the economic climate directed this amendment to the agreement, which adjusted the housing product to provide opportunity for the current demand. Mayor Sbranti asked Mr. Lawrence how this amendment was important to move forward with the existing construction plans of the Positano Project. Cm. Hart asked Mr. Lawrence how this amendment benefitted the City. Mr. Lawrence responded that it provided onsite housing affordability with a unit type that was not available in the current market. The amendment also provided rental opportunities for low income clients, and would allow this project to continue to move forward. Cm. Hart asked Mr. Baker if there were other communities with 275 square feet studios being constructed. Mr. Baker responded that he was aware of other communities building studio units but could not quote the exact square footage. Cm. Hart asked for clarification of this amendment related to the Anderson Property. Mr. Baker responded the originally proposed project included offsite affordable units on the Anderson Property, which Braddock and Logan no longer controlled. The City would probably receive an amendment to the affordable housing agreement in the future to address compliance. The first phase agreement was separated, to meet their affordable DUBLIN CITY COUNCIL MINUTES i2 VOLUME 28 Gti~ OF L~jR, REGULAR MEETING ,,, ~ ~~~ June 16, 2009 '~~~~~~~ 4GI1'~R~~ requirement. At the end of the first phase, they would need to amend their requirement for the remainder of the project which was 6171ots. Cm. Hart noted the City would agree to this amendment with the knowledge there would be another amendment to follow. Vm. Hildenbrand stated the original project plan included an offsite mixed use apartment complex. Mayor Sbranti stated the focus tonight would be the amendment for Phases one and two, which would comply with the total of 52 units. Mayor Sbranti recommended the approval of this agreement. Cm. Hart asked Mr. Lawrence why the City should agree to this amendment. Mr. Lawrence stated the market change directed modification to the existing housing product that was designed in 2003-2004, which the market no longer sought. There was a need to adjust to the economic situation and proceed with the demand of larger yards for the single family detached homes in the $600,000 range, while still following through with the commitment to the City. This alternative would work and still provide that particular housing type for this phase of the project. Cm. Scholz asked Mr. Lawrence for his opinion of the current economic situation. Mr. Lawrence responded the industry was terrified. Cm. Scholz asked Mr. Lawrence if he advocated moving forward. Mr. Lawrence stated he would continue to invest in this community, as the City Council would do tonight. Mayor Sbranti asked for direct relation of the proposed new studio apartments and increased yards for the single family detached home. Mr. Lawrence responded the direct relation would lessen the amount of the lot used, that would otherwise take up a rear yard, and would also modify athree-car garage to a two- car garage with the same idea. DUBLIN CITY COUNCIL MINUTES i3 VOLUME 28 G`~ OF Dp REGULAR MEETING ,9,~~~~~ June 16, 2009 ~\~~~~ Mayor Sbranti asked for the quantity of units with the desired larger yards. Mr. Lawrence stated it provided larger yards for 40 of the 721ots. Cm. Biddle asked for an itemization of all units per the chart in the Staff Report. Mr. Jeff Baker stated the item proposed new totals of 11 single-family detached homes, 20 one-bedroom secondary units, 21 studios and 78 apartments. Cm. Hart asked how the City Community Benefit Payment would be affected with the amendment. Mr. Baker responded it would not change the Community Benefit Payment. It would continue to be paid at the time building permits were issued. Mayor Sbranti summarized the result of the agreement; 18 single-family homes, proposed would be 11, existing 17 one-bedroom units, proposed would be 20, existing studio units would be 0 to 21 and that gets you to 52 units, and the 78 apartment units, referred to as the Anderson Property, would be dealt with in subsequent phases of this agreement. Cm. Hart stated the Anderson Property continued to be an issue with this amendment. Vm. Hildenbrand noted the focus should be on the proposed agreement. Alternatives for the third and subsequent phases of this project would be handled in the future. City Attorney Libby Silver offered further clarification on the project since inception and stated the City Council agreed to discuss compliance for the affordable housing obligation in initial phases, or the 416 units of the project rather than the entire number of units. Mayor Sbranti summarized Phase One and Phase Two, of the 416 units 52 units were affordable and the proposal would meet that obligation. Vm. Hildenbrand noted her support for this agreement, especially in the challenging economic times. She commended Braddock and Logan for their continued efforts in our community. DUBLIN CITY COUNCIL MINUTES i4 VOLUME 28 G~`~or~r` REGULAR MEETING 19,~~~~~ June 16, 2009 ~\ ~j ~~ c~„~~~~ Cm. Hart stated his disagreement with the entire proposal. He noted the economy would return to a desirable situation one day, and the proposed 275 square feet studios would not benefit our community. Cm. Biddle expressed a similar concern as Cm. Hart. However, he supported this agreement. Cm. Scholz commented the on the current single status population of the City which was addressed in this agreement, and she also supported this proposal. Mayor Sbranti added the current economic situation and this proposal addressed the current market demand by providing single-family homes with larger yards and for the single homebuyer who only needed a studio and concluded with support of this agreement. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by majority vote (Cm. Hart voting no), the City Council adopted RESOLUTION NO. 85- 09 APPROVING AMENDMENT N0.3 TO THE AFFORDABLE HOUSING AGREEMENT FOR FIRST PHASE (416 UNITS) OF POSITANO TO MODIFY THE UNIT MIX AND INCOME AFFORDABILITY LEVEL OF THE INCLUSIONARY UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT (PA 05-038 AND PA 07-005) RECESS 8:55 p.m. Mayor Sbranti called for a brief recess. The meeting reconvened with all Councilmembers present at 9:00 p.m. DUBLIN CITY COUNCIL MINUTES is VOLUME 28 G1~~~~ REGULAR MEETING ~9`~~~`~ June 16, 2009 ~\ ~'~GII~pR~~ NEW BUSINESS Grant Application for the Energy Efficiency and Conservation Block Grant Program 9:00 p.m. 8.1 (600-50) Administrative Analyst Roger Bradley presented the Staff Report and advised that City Council would consider authorizing Staff to apply for the Energy Efficiency and Conservation Block Grant (EECBG) program as a part of the American Recovery and Reinvestment Act of 2009. The City of Dublin was eligible to apply for a grant of $186,700 through the EECBG program. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 86- 09 AUTHORIZING THE FILING OF A GRANT APPLICATION FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM •~ Annual Contract Review: Crossin Guard Services 9:01 p.m. 8.2 (600-30) Police Commander Casey Nice presented the Staff Report and advised that City Council would consider the annual contract review of the City's crossing guard contractor, All City Management Services. Vm Hildenbrand complimented services received from All City Management Services, specifically in the past year. The crossing guard personnel had not only been consistent, but friendly, which made a notable difference in the community. City Manager Pattillo stated the study for an additional crossing guard had been placed on hold for the upcoming fiscal year until the City traffic study had been performed, at which time the item would be presented to the City Council for consideration. DUBLIN CITY COUNCIL MINUTES i6 VOLUME 28 G`~ OF Dpy, REGULAR MEETING ,,, ~ ~~~ June 16, 2009 1~~~C~~O 4L/FpR~~ On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 87 - 09 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FISCAL YEAR 2009- 2010 Approve Letter of Support for Davis Energy Group's Large Scale Energv Retrofit Program 9:05 p.m. 8.3 (530-20) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider approving a letter of support for the City's participation in the Davis Energy Group's existing home retrofit program. The proposed program would provide Dublin residents with home energy conversion options to increase efficiency and reduce waste. Cm. Biddle asked if this was a study or an endorsement of a specific product or service. Mr. Bradley responded this was a study and the retrofitting would be implemented by the Davis Energy Group. Mayor Sbranti asked for the goals of this program. Mr. Bradley stated the pilot program would provide retrofitting of 500 homes in three participating cities: Dublin, Pleasanton and Stockton. The Davis Energy Group did plan to apply for Federal funding along with its study. Should the program prove successful, it would be likely to be launched beyond the three Cities. DUBLIN CITY COUNCIL MINUTES 1~ VOLUME 28 G``~oF REGULAR MEETING ,,, (j ~~~ June 16, 2009 ~~~~~~~ '1GI R~~ Mayor Sbranti asked how this program would be implemented for Dublin residents. Mr. Bradley responded when the Davis Energy Group received all participating Cities' approvals, they would begin a marketing campaign to Dublin residents. On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote, the City Council accepted the report, and authorized the Mayor to sign the letter of support. •~ Review of Planning Commission Chapter in Municipal Code 9:10 p.m. 8.4 (420-20) Community Development Director Jeri Ram presented the Staff Report and advised that the City Council would review the Planning Commission's request for Amendments to Chapter 2.12 of the Municipal Code in relation to Duties and Rules and Records of the Planning Commission. Ms. Ram presented the proposed changes. Cm. Hart asked for clarification on why there was a need to rotate the Chair. Ms. Ram referred to the Planning Commission's discussion on this matter. Vm Hildenbrand commented on her experience as a Commissioner, and noted that Chairpersons were usually re-nominated year after year. The proposed amendment would provide the opportunity for others to assume the role and responsibilities of a Chairperson. Mayor Sbranti referred to Chairperson Doreen Wehrenberg for her perspective. Ms. Wehrenberg commented on the discussion held by the Planning Commission, which was an opportunity for other Commissioners to have the responsibility. Mayor Sbranti asked for clarification of language that read "the Commission shall, unless no Commissioners meet the criteria" in the proposed amendment. DUBLIN CITY COUNCIL MINUTES 1 s VOLUME 28 G,~ of ~ REGULAR MEETING 19,~~~~~ June 16, 2009 ~~ ~c~FOa~'m Ms. Wehrenberg responded that statement would include those Commissioners who wished to decline rotation as Chairperson. Cm. Scholz commented the concept would offer an opportunity for leadership, yet provided for those Commissioners wishing to decline the position. Ms. Wehrenberg added that it also provided for relationship-building with the various developers. Ms. Wehrenberg also commented on the proposed amendments to duties of a Commissioner to include "design review." Cm. Biddle concurred the addition of terminology regarding duties of design review was necessary to eliminate additional steps in the application process when reviewed by the Planning Commission. Vm. Hildenbrand commented on a recent provision for the rotation of Chairperson, written in the bylaws for the Livermore Amador Valley Transit Authority (LAVTA), which was a common practice. Cm. Biddle stated his agreement on the provision for the rotation of Chairperson, which would provide different perspectives. Mayor Sbranti asked City Manager Pattillo if there were any other City Commissions or Committees considering the issue of rotation of the Chairperson or if it was just the Planning Commission that has brought forward the amendment. City Manager Pattillo referred the question to Assistant Director of Parks and Community Services Paul McCreary. Mr. McCreary stated this particular issue had not come up in any other Commission or Committee. Vm. Hildenbrand asked if the provision of Chair rotation could be added to all Commissions and Committees. City Manager Pattillo responded the City Council could add such a provision. DUBLIN CITY COUNCIL MINUTES i9 VOLUME 28 ~~~~~ REGULAR MEETING 1;~~~~~ June 16, 2009 ~~ ~j ~~ ~`~IIbR~~ Mayor Sbranti stated he did not want to single out the Planning Commission with this provision and felt if one Commission had the provision, then all Commissions and Committees should follow consistently. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City Council waived the reading and introduced Ordinance Amending Chapter 2.12 of Title 2 (Administrative/Personnel) of the Dublin Municipal Code Relating to Duties and Rules and Records of the Planning Commission. Senior Center Food Service Pro rams 9:28 p.m. 8.5 (240-10) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council would receive a presentation on the existing food service programs at the Senior Center with recommendation to the City Council not to augment services at this time. Cm. Scholz commented on the high quality of food and service. However, she would like the meals served for a longer time period. Cm. Hart also commented on the high quality of food and asked how an extended timeframe of lunch meals service would increase costs. Mr. McCreary responded the Chef was a temporary part-time employee. If hours were increased that would create a benefitted employee position with added costs. Cm. Biddle stated if the senior citizens could promote the program with increased meals served this would create an increase in revenue to offset potentially offset increased service hours. The City Council received the report and directed Staff to continue to operate the Senior Center food service programs at the current service level. DUBLIN CITY COUNCIL MINUTES 20 VOLUME 28 'G~~ of D~ d REGULAR MEETING 19,~~~`~i~~ June 16, 2009 ~` ~'~GIFOR ~ ~,. ~_ Senior Center Ride Match Service 9:37 p.m. 8.6 (240-10) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council would receive a presentation on the proposed Senior Center Ride Match Service. Cm. Biddle noted the program would not impact Staff once the service had been implemented. Mayor Sbranti agreed the program would promote opportunities for volunteers. On motion of Cm. Biddle, seconded by Cm. Hart and by unanimous vote, the City Council received the report and directed Staff to implement the proposed Ride Match Service. 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) 9:42 p.m. City Manager Pattillo stated information and resolutions related to the collaboration of local governments' and the League of California Cities' opposition of State Budget cuts, would be presented at the June 23, 2009 Budget Session Hearing, for City Council approval. City Manager Pattillo opened discussion for the possibility of cancelling one of the scheduled City Council meetings in the months of July or August, due to summer vacation plans. Cm. Scholz opposed cancelling any scheduled meetings in the months of July or August to avoid a lengthy agenda upon return of a possible cancelled meeting. Vm Hildenbrand requested the City Council consider cancellation of the August 4, 2009, City Council meeting and cited this had been past practice. DUBLIN CITY COUNCIL MINUTES Zi VOLUME 28 ~pe~ REGULAR MEETING 19, ~ ~~ June 16, 2009 ~ ~ `~ ~`1GIFpR~~ Mayor Sbranti asked if Staff could balance the workload should the August 4, 2009 City Council meeting be cancelled. City Manager Pattillo confirmed Staff could plan accordingly with this cancellation, and if something should arise, a special meeting could be held. The City Council unanimously agreed to cancel the meeting of August 4, 2009. City Manager Pattillo noted upcoming City events. Cm. Hart commended the Public Art brochure with no other reports Cm. Scholz stated she attended the Circus and enjoyed all of the attractions. Cm. Biddle had no comment. Vm Hildenbrand also stated she commended Staff on the Public Art brochure and the City Council Meeting brochure, which was recently used at the school district as a teaching tool. Mayor Sbranti commented on the informative June 3rd Downtown Dublin Specific Plan study session attended by all members of the City Council. ADJOURNMENT 10.1 9:58 p.m. There being no further business to come before the City Council, the meeting was adjourned at 10:00 p.m. in memory of Staff Sgt. Sean Diamond, our fallen troops and Tom Ford, Dublin San Ramon Services District, Board of Directors. Minutes prepared by Dora Ramirez, Deputy City Clerk ATTEST: Mayor DUBLIN CITY COUNCIL MINUTES z2 VOLUME 28 G~`~or REGULAR MEETING ,,, ~ ~~~ June 16, 2009 '`~~~~~ ~~ ~~~ G Deputy City le