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HomeMy WebLinkAbout09-01-2009 Adopted CC MinOr. ~U.~~ MINUTES OF THE CITY COUNCIL ~ ~ ``` OF THE CITY OF DUBLIN ~V `~// REGULAR MEETING -September 1, 2009 1\ _SR// CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code section 54957) Title: City Attorney II. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency Designated Representatives: Councilmembers Hart and Scholz Unrepresented Employee: City Attorney •- A regular meeting of the Dublin City Council was held on Tuesday, September 1, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 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. i DUBLIN CITY COUNCIL MINUTES i VOLUME 28 ~~~ ~0~ REGULAR MEETING 1;~~~~~ September 1, 2009 ~\ ~ ~~ ~~~~o~~~ Mayor Sbranti announced that Item 6.1, Appeal of Planning Commission's Approval of The Promenade, would be heard at the end of the regular meeting due to continuing conversations between the appellant and the applicant involved with the item. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ORAL COMMUNICATIONS Acceptance of Gifts to City for Senior Center 7:03 p.m. 3.1 (150-70) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council would recognize the groups and individuals that made monetary contributions to the Dublin Senior Center. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council accepted the donations. Progress on West Dublin Bay Area Rapid Transit (BART) Station 7:11 p.m. 3.2 (1060-30) Mayor Sbranti announced that this presentation had been cancelled and would be moved to a future City Council meeting. Public Comments 7:11 p.m. 3.3 No comments were made by any member of the public at this time. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 `,~ oe bU REGULAR MEETING 1;~~~,~ September 1, 2009 ~~ ~4GI R~~ CONSENT CALENDAR 7:12 p.m. Items 4.1 through 4.7 On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of July 7, 2009 and July 21, 2009; Approved (4.2 600-35) Budget Change for Fiscal Year 2008-2009; and accepted the improvements under Contract No. 09-06, 2008-2009 Annual Sidewalk Safety Repair Program and Curb Ramp Installation, and authorized the release of retention after 35 days if there were no subcontractor claims; Approved (4.3 600-35) Budget Change in the amount of $26,010; Adopted (4.4 350-40) RESOLUTION NO. 120 - 09 AUTHORIZING STAFF TO USE DIRECT COMPUTER DISPOSAL FOR THE RECYCLING OF CITY ELECTRONIC WASTE AND SURPLUS COMPUTER EQUIPMENT Adopted (4.5 160-20) RESOLUTION NO. 121 - 09 ADOPTING A RECORDS RETENTION SCHEDULE, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS IN ACCORDANCE WITH THE PROVISIONS OF THE RECORDS RETENTION SCHEDULE, AUTHORIZING FUTURE UPDATES TO THE RECORDS RETENTION SCHEDULE WITH THE CONSENT OF THE CITY MANAGER, CITY CLERK AND CITY ATTORNEY WITHOUT FURTHER ACTION OF THE CITY COUNCIL, AND RESCINDING PRIOR RESOLUTION N0.41-05 DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 G~~yOF D1/B~ REGULAR MEETING 19,~~~,~ September 1, 2009 ~\ ~~~~o~~~ Adopted (4.6 320-30) RESOLUTION NO. 122 - 09 2009 ANNUAL REVIEW OF INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS Approved (4.7 300-40) the Warrant Register in the amount of $7,644,651.46. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Appeal of Planning Commission's Approval of The Promenade at Dublin Ranch including a CEQA Addendum, a Conditional Use Permit (CUP) for an Indoor Recreation Facility and for a Minor Amendment of the Approved PD Development Plan in Accordance with Chapter 8.32.080 of the City of Dublin Zoning Ordinance to Change the Allowable Square Footage on Village Center Parcel 6 to 82,864 Square Feet Provided the Maximum Allowable Square Footage for the 23 Acre Village Center Area/Promenade Property Does Not Exceed 230,000 Square Feet, and a Site Development Review (SDR) for the Establishment of a Club Sport Fitness Center with Associated Spa and Cafe, aTwo-Story RetaiVOffice Building, aFour-Level Parking Garage and Associated Site Amenities 8:02 p.m. 6.1 (400-20/410-30) City Attorney John Bakker stated the Appeal had been withdrawn, therefore, the Planning Commission approvals stand, therefore the project had been approved. DUBLIN CITY COUNCIL MINUTES VOLUME 28 ~~o~ ~~ REGULAR MEETING ~;~~~~~ September 1, 2009 ~\ ~ /~ ~~~~o~~s 4 UNFINISHED BUSINESS Arroyo Vista -Environmental Impact Report, General Plan Amendment, Planned Development Rezone with a Stage 1/Stage 2 Development Plan and Resolution Waiving Certain Provisions of Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) of the Zoning Ordinance, PA 07-028 7:13 p.m. 7.1 (400-20/420-30/450-30) Community Development director Jeri Ram requested this item be postponed to the next regular City Council meeting of September 15, 2009. By consensus, the City Council postponed this item to the next regular City Council meeting of September 15, 2009. NEW BUSINESS Proposed Amendments to the Bylaws and Rules of Procedure for the Parks and Community Services Commission, Heritage and Cultural Arts Commission, Senior Center Advisory Committee and Youth Advisory Committee 7:14 p.m. 8.1 (110-20) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the City Council would consider amendments to the Bylaws and Rules of Procedure as recommended by the Parks and Community Services Commission, Heritage and Cultural Arts Commission, Senior Advisory Committee and Youth Advisory Committee. Cm. Hart asked what was the Parks and Community Services Commission rationale of not wanting to rotate the Chair on a yearly basis. Commissioner Rich Guarianti stated the Parks Commission's rationale was that the Planning Commission held twice as many meetings in one year as the Parks Commission or the Senior Center Advisory Committee, so they voted to keep the Chair position for two years instead of one. If someone else wanted to run for the position after one year, they could request a vote. The Senior Center Advisory Committee, in turn, voted likewise. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 of ~, REGULAR MEETING ri;`~ ~ir ~ +~ September 1, 2009 1`\\~'~~/~ 'IL/FOR~ Cm. Biddle stated the Commissions and Committees had the opportunity to review their bylaws and had decided how often they would like to select a Chair. Vm. Hildenbrand stated she would support the recommendations of the Commissions and Committees, although requesting the Chair position be put up for a vote could be a difficult process. She did not necessarily agree with the rationale. Cm. Hart stated he leaned toward rotating the positions. He did not support the Committees' recommendation. Cm. Scholz stated it was good to spread the opportunity for leadership, as leadership built confidence. Mayor Sbranti asked if what had been approved for the Planning Commission would preclude someone from serving second year as a Chair. Ms. Lowart stated the language being proposed for these Commissions and Committees did not preclude someone from being a Chair for more than one year, as long as no one else wanted to do it. The Parks and Community Services Commission and Senior Center Advisory Committee were proposing to insert three words, "no more than" two consecutive years. Mayor Sbranti asked if the Bylaws would be revisited every other year. City Manager Pattillo stated yes, Staff would return with this every other year. Mayor Sbranti asked that Staff consider the possibility for Committees to provide input or advice on projects. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 123 - 09 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE PARKS AND COMMUNITY SERVICES COMMISSION AND RESCINDING RESOLUTION NO. 160-08 and DUBLIN CITY COUNCIL MINUTES 6 VOLUME 28 ~oF ~, REGULAR MEETING 19;~~~~~ September 1, 2009 `\ '~ ~4LII~R~~ RESOLUTION NO. 124 - 09 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE HERITAGE AND CULTURAL ARTS COMMISSION AND RESCINDING RESOLUTION NO. 161-08 and RESOLUTION NO. 125 - 09 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE SENIOR CENTER ADVISORY COMMITTEE AND RESCINDING RESOLUTION NO. 162-08 and RESOLUTION NO. 126 - 09 ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE FOR THE YOUTH ADVISORY COMMITTEE AND RESCINDING RESOLUTION NO. 159-08 Proposed Downtown and Eastern Dublin Traffic Impact Fee Deferral Program 7:36 p.m. 8.2 (390-20) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that one of the City Council's Fiscal Year 2009-2010 High Priority Goals and Objectives was to develop an Economic Incentive Program. Staff explored the options related to fee deferrals and was recommending the City Council defer Downtown and Eastern Dublin Traffic Impact Fees on non-residential projects. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 127 - 09 APPROVING THE TRAFFIC IMPACT FEE DEFERRAL PROGRAM DUBLIN CITY COUNCIL MINUTES VOLUME 28 ~~~DU REGULAR MEETING 19,~~~~~ September 1, 2009 `\ '~j' /~ Gc~~a ~ Designation by City Council of an Ad Hoc Audit Review Committee 7:41 p.m. 8.3 (110-30) Administrative Services Director Paul Rankin presented the Staff Report and advised that the independent auditors from the firm of Caporicci and Larson had scheduled their field work necessary to complete the Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2009. City Council action would establish an Ad Hoc Committee to review the audit process and final report with the auditors. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council confirmed the Mayor's appointment of Councilmember Biddle and Councilmember Hart as the 2009 Ad Hoc Review Committee that will meet with the City Auditors to review and discuss the audit process for the period ending June 30, 2009. Property Assessed Clean Energy (PACE) Programs and AB 811 7:43 p.m. 8.4 (1040-10) Environmental Technician Jordan Figueiredo presented the Staff Report and advised that the City Council would receive a report on California State Assembly Bill (AB) 811, Chapter 159, Statutes of 2008, which authorized Property Assessed Clean Energy (PACE) programs for California joint powers authorities, counties or general law cities. In order to finance property improvements and promote their installation, the Legislature authorized AB 811 for the financing of energy efficiency retrofits and solar system improvements. Mayor Sbranti asked how other Cities made the programs work. Administrative Services Director Paul Rankin stated other cities, specifically with Palm Desert, had gone through a transition and were putting a lot of their program costs through its Redevelopment Agency. They initially primed the program with general fund money DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~,~oe °"~~ REGULAR MEETING 1~~~;~ September 1, 2009 ~~ '~j' /~ ~'1G1 B~~ they had available at the time to make loans. The key was having the capital to finance the program. Mayor Sbranti asked how Senate Bi11279 would help facilitate the City's participation. Mr. Rankin stated aMello-Roos District was similar to a traditional assessment district but was somewhat more flexible in how one designed the formulas and levies. City Manager Pattillo stated the way Mello Roos was currently written, it only applied to seismic retrofitting. Mr. Rankin stated Mello-Roos could not be used for private property, with the exception of seismic retrofitting. Mayor Sbranti asked if there was any way the City could facilitate some type of a program using the concepts of an energy revolving loan fund. Mr. Rankin stated Staff's recommendation was to continue to monitor the bills and see how the City could participate. Cm. Biddle stated the programs sounded like they were evolving. City Manager Pattillo stated Staff did monitor legislation, especially those that impacted the City. The wisdom of pacing the program was to make sure the City benefitted from the economies of scales with minimal risk. The City Council directed Staff to keep abreast of regional PACE opportunities and programs being developed which might expand opportunities to offer energy efficiency retrofits and solar system financing. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 ~ ~ REGULAR MEETING u;~~~8~~ September 1, 2009 1`~~'~~%~ ~c,~a~ RECESS 7:56 p.m. Mayor Sbranti called for a brief recess Councilmembers present at 8:02 p.m. The meeting reconvened with all Item 6.1. (Please refer to page 4 of these minutes.) OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City ezpense (AB 1234) 8:04 p.m. Cm. Biddle stated he attended the Tri-Valley Convention and Visitors Bureau event. Vm. Hildenbrand stated she attend the Tri-Valley Convention and Visitors Bureau event. She congratulated the Police Department on a job well done regarding traffic control now that school was back in session. The Dublin San Ramon Services District (DSRSD) was offering rebates for residents who exchanged old toilets for low-flow toilets. Cm. Scholz stated she had attended the Tri-Valley Convention and Visitors Bureau event. Cm. Hart complimented Staff on the Rental Facilities brochure; he had attended the Alameda County Associate Community Action Plan meeting. Mayor Sbranti stated he attended the Tri-Valley Convention and Visitors Bureau event, a TV 30 meeting, and the City of Dublin -DSRSD Liaison meeting, The City Council directed Staff to send a letter to Danville and Town Councilmember Mike Shimansky expressing the City's concern and support. Staff was also to send a letter of congratulations to the new DSRSD Boardmember. DUBLIN CITY COUNCIL MINUTES io VOLUME 28 ~~oF ~~ REGULAR MEETING 1;~~~,~ September 1, 2009 ~\ '~' /~ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:18 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. J~ Mayor ATTEST: - / - ~v City Clerk ~` DUBLIN CITY COUNCIL MINUTES i i VOLUME 28 of REGULAR MEETING 19, ~~~~ September 1, 2009 ~~ ~I