HomeMy WebLinkAbout04-06-2010 Adopted CC Min~~ \
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING - Aaril 6, 2010
A regular meeting of the Dublin City Council was held on Tuesday, April 6, 2010, in the Council
Chambers of the Dublin Civic Center. The meeting was called to order at 7:02:09 PM , by
Mayor Sbranti.
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ROLL CALL
PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti.
ABSENT: None
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PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the City Council, Staff and those present.
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ORAL COMMUNICATIONS
Certificate of Recoqnition - Dublin Hiah School Soccer Team (Coach James Fulwiler)
7:03:15 PM 3.1 (610-50)
The City Council presented a Certificate of Recognition to the Dublin High School Soccer Team
for their outstanding accomplishments including the Diablo Foothill Athletic League (DFAL)
Championship League Title.
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On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council
agreed to move Item 8.2, Acceptance of Donation from Dublin/San Ramon Women's Club to
Support Dublin Heritage Center Local History Curriculum Kit, to the beginning of the meeting.
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Public Comments
7:26:07 PM 3.2
No comments were made by any member of the public at this time.
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CONSENT CALENDAR
7:26:15 PM Items 4.1 through 4.4
Mayor Sbranti pulled Item 4.3 for further discussion.
On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City
Council took the following actions:
Approved (4.1) Minutes of Regular Meetings of December 15, 2009, February 16, 2010, and
March 2, 2010 and Adjourned Regular Meeting of February 24, 2010;
Authorized (4.2 600-35) Staff to advertise Contract No. 10-03, Dublin Sports Grounds Phase
IV;
Reviewed (4.4 300-40) and authorized the issuance of payments.
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Mayor Sbranti pulled Item 4.3, Authorization to Purchase Play Equipment for Emerald Glen
Park through U. S. Communities Purchasing Agreement and Approve Agreement with Ross
Recreation Equipment Incorporated to Remove and Install Play Equipment (215-30/600-30),
and asked if this was an exact replacement of the present play equipment.
Parks and Facilities Development Coordinator Rosemary Alex stated the play equipment was
being provided by a different manufacturer than the original play equipment. It was as close a
match as possible.
Mayor Sbranti asked about not going to bid for the purchase of the equipment. Was the City
grouped with other cities in having gone out to bid for the equipment?
Ms. Alex stated the City would purchase fhe equipment through the U. S. Communities program.
A public agency, the City of North Carolina, publicly bid playground structures and received
proposals from six vendors. The proposal they received from Landscape Structures provided a
list price with a six percent discount. Because the play equipment was publicly bid, the City was
able to piggy-back on that materials purchase and did not have to do an individual public bid.
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Because the removal and installation component was an incidental component of the overall
project, the City was able to issue a purchase order for Ross Recreation, the local vendor for
that play structure, to do that component of the work.
Mayor Sbranti stated this process seemed different than previous projects.
City Attorney Bakker stated this process may have been utilized for materials or supply
purchases before. This was distinct in that it had an installation component in it. It was a pretty
standard practice in municipal government.
Parks and Community Services Director Diane Lowart stated this group had a list of different
items that had been publicly bid that the City could piggy-back onto. Several years ago the City
purchased copy machines through this practice.
Mayor Sbranti asked if another agency publicly bid, could the City also purchase that item at
that price.
Ms. Lowart stated, yes, only if they were a part of this particular consortium, U.S. Communities
program.
City Attomey Bakker stated the City's purchasing ordinance had a piggy-back provision as well
to authorize this process. It was more typical for supplies.
Ms. Alex stated the procedure was also used when Fallon Sports Park was bid in regard to
purchasing synthetic turf. They eventually accepted the bid of the general contractor. It was a
different avenue but Staff was attempting to be more streamline and cost effective.
Mayor Sbranti stated he liked when the City went to bid. If there was a clear cost savings and it
made sense to do so, then he agreed. He did not want this to become the City's standard
practice.
On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote, the City Council
adopted
RESOLUT/ON NO. 42 - 10
AUTHOR/Z/NG THE C/TY MANAGER TO PURCHASE PLAY EQU/PMENT FROM
LANDSCAPE STRUCTURES, INC. PURSUANT TO THE U. S. COMMUN/TIES
GOVERNMENT PURCHASING AGREEMENT, AND TO CONTRACT WITH ROSS
RECREAT/ON EQU/PMENT INC. FOR THE REMOVAL AND /NSTALLAT/ON OF PLAY
EQU/PMENT
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WRITTEN COMMUNICATIONS - None
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PUBLIC HEARINGS
School of Imagination,
Planned Develoament Rezone with a related Staqe 2 Development Plan, PA 10-004
7:35:30 PM 6.1 (450-30)
Mayor Sbranti opened the public hearing.
Environmental Specialist Martha Aja presented the Staff Report and advised that the School of
Imagination project site is located within the Schaefer Ranch development. The proposed
project included a Planned Development Rezone with a related Stage 2 Development Plan and
Site Development Review to allow for the construction of a 12,065 square-foot building with
playground and related improvements on the project site. The Planning Commission approved
the Site Development Review on March 9, 2010 and this approval was contingent on the City
Council approval of the Planned Development Rezone.
Cm. Hart asked how much grading would be needed at the site.
Ms. Aja stated grading had already taken place.
Cm. Hart asked if any fill be necessary.
Doug Chen, representative of Discovery Builders, stated grading had been completed to a pad
elevation. There would be minor grading of a few hundred yards for landscape and parking.
Cm. Hart asked about the slope in the back of the building and if there would be fencing.
Mr. Chen stated there would be slope and fencing.
Vm. Hildenbrand asked when construction would start.
Mr. Chen stated construction would start in approximately nine months.
Cm. Hart asked about status of enrollment.
Mitch Sigman, founder of School of Imagination, thanked the City for its assistance. The school
enrollment was full and there would be a waiting list.
Cm. Biddle asked if the school would be open in the fall of this year.
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Mr. Sigman stated they would open as soon as possible.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
The City Council discussed the positive contributions made to the Dublin community by this
project.
Cm. Biddle asked when the decision would be made if a fire station was needed in that same
area.
Assistant City Manager Foss stated that the Fire Department would be conducting a study soon
to see if a Fire Station would be needed.
On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City
Council introduced an Ordinance approving a PD Planned Development Rezone and a Related
Stage 2 Development Plan for the School of Imagination Located at the Corner of Dublin
Boulevard and Schaefer Ranch Road (APN 941-2832-027).
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Amendments to the Dublin Municipal Code
Related to Eating and Drinking Establishments including modifications to Chapter 8.08
(Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street
Parkina and Loadina) and Chapter 8.104 (Site Development Review), ZOA 09-004
7:49:50 PM 6.2 (450-20)
Mayor Sbranti opened the public hearing.
Senior Planner Marnie Waffle presented the Staff Report and advised that at the request of the
City Council, Staff had been reviewing the Zoning Ordinance requirements for various business
types in an effort to streamline the entitlement process for development applications and to
promote businesses in Dublin. Staff had reviewed Eating and Drinking Establishments and
Outdoor Seating and prepared Zoning Ordinance amendments which would redefine an Eating
and Drinking Establishment, clarify where Eating and Drinking Establishments and Outdoor
Seating were permitted, modified the approval process for Outdoor Seating, and modified the
parking requirements for Eating and Drinking Establishments and Outdoor Seating.
Cm. Biddle stated he appreciated the fact the City was distinguishing among the type of eating
establishment in terms of parking.
Cm. Hart asked what this would do for City businesses.
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Ms. Waffle stated this would help facilitate businesses being established.
Cm. Hart asked if there were any pending businesses that would benefit from this ordinance.
Ms. Waffle stated it would free up a few more spaces in existing centers for potential
restaurants that may want to locate there.
Ms. Linda Maurer, Assistant to the City Manager, stated she had a conversation with a
prospective eatery and this ordinance might make a difference so they could move forward.
Ms. Waffle stated this would be reviewed through the waiver process.
Mayor Sbranti asked, in regard to outdoor seating, if the City counts the indoor seating and
outdoor seating when factoring what a business needed to provide for parking.
Ms. Waffle stated yes.
Mayor Sbranti stated that there were restaurants with indoor and outdoor seating, and asked if it
was typical to count both. Did other Cities count that way?
Ms. Waffle stated she did not see anything that counted parking on a seasonal basis.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
Cm. Biddle stated these were good updates.
Cm. Hart stated he was supportive of the item. He wanted to ensure that parking was a safe
distance from pedestrians and the actual establishment.
Mayor Sbranti stated cleaning up the definitions and these modifications made the City more
competitive. Would the City Council hear about Dublin San Ramon Services District (DSRSD)
items soon?
Assistant City Manager Foss stated the DSRSD item would be heard on May 4.
On motion of Cm. Biddle, seconded by Cm. Hart and by unanimous vote, the City Council
introduced an Ordinance Amending Zoning Ordinance Chapter 8.08 (Definitions), Chapter 8.12
(Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and
Chapter 8.104 (Site Development Review), ZOA 09-004.
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Weeds and Combustible Refuse Abatement Order
8:12:03 PM 6.3 (540-50)
Mayor Sbranti opened the public hearing.
Fire Marshal Bonnie Terra presented the Staff Report and advised that, in accordance with
Resolution No. 16-10 (adopted February 16, 2010), 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 of this was posted and letters sent to
those property owners with violations.
Cm. Hart asked how many residences were reviewed.
Ms. Terra stated that there were 142 letters sent out this year due the weather not being
favorable for abatement. The process needed to be started early in order to ensure that the
abatement was completed before fire season.
No testimony was received by any member of the public relative to this issue.
Mayor Sbranti closed the public hearing.
On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City
Council conducted the public hearing, deliberated, and directed Staff to continue the weed
abatement process.
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UNFINISHED BUSINESS - None
NEW BUSINESS
Report on 2010 Dublin Pride Week Activities
8:16:17 PM 8.1 (150-80)
Environmental Technician Jordan Figueiredo presented the Staff Report and advised that the
City Council would receive a report on the planned activities for the 2010 Dublin Pride Week,
scheduled for April 24 - May 1, 2010.
The City Council commented on the many activities planned and received the 2010 Dublin
Pride Week activities report.
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Acceptance of Donation from Dublin/San Ramon Women's Club
To Support Dublin Heritaqe Center Local Historv Curriculum Kit
7:17:28 PM 8.2 (150-70)
Heritage Center Director Elizabeth Isles presented the Staff Report and advised that over the
past fiscal year, Staff had been working with educators at the Dublin Unified School District to
update the history curriculums for third grade students. The goal was to enhance and integrate
aspects of the Heritage Center's "The Journey" Museum as it related to the area's local history
during school site visits. The project had now been completed and approved by the Dublin
Unified School District School Board. Additionally, the Dublin/San Ramon Women's Club had
generously made a donation to the City to pay for curriculum binders for all Dublin Schools.
Barb Ellul, Dublin/San Ramon Women's Club President, stated this was a perfect fit for a
donation by the club.
Anita Carr, Dublin/San Ramon Women's Club, thanked Elizabeth Isles for assistance with the
program.
The City Council thanked the Dublin/San Ramon Women's Club for the donation to provide the
resource for third grade Dublin teachers.
On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City
Council received the report and, per Government Code Section 37354, accepted the gift of
$1,600 from the Dublin/San Ramon Women's Club; approved the budget change; and directed
Staff to prepare a formal acknowledgement to the donor.
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Fiscal Year 2009 - 2010 Mid-Year Budget Report and
December 2009 Monthlv Report of Financial Activities
8:26:34 PM 8.3 (330-50)
Finance Manager Vivian Gong presented the Staff Report and advised that Staff had prepared
a detailed Mid-Year Budget Review to identify any material deviations from the adopted Fiscal
Year 2009 - 2010 Budget. The primary focus of the report was on the General Fund, which
accounts for the majority of City operations. Staff had identified proposed adjustments to
Revenues and Expenditures. This item also provided the report of the financial statements for
the month of December 2009.
Cm. Hart asked for clarification on the net change. Was the change $330,750?
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Assistant City Manager Chris Foss stated, yes, it was $330,750.
Cm. Biddle asked if the shortfall would remain befinreen $3 million and $4.6 million.
Mr. Foss stated yes.
Mayor Sbranti asked in regard to the building permit overview, would there be any general fund
benefit from the increased permits.
Ms. Gong stated it would only affect impact fees.
Mr. Foss stated the $330,750 was a worst case assumption based on data through December.
On motion of Cm. Biddle, seconded by Cm. Scholz and by unanimous vote, the City Council
received the report as authorized by Section 41004 of the California Government Code and
approved the budget change.
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Auproval of Citv Directional Siqnaae Locations for East Dublin Auto Dealers
8:35:59 PM 8.4 (400-30)
Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the
City Council adopted a new policy and related criteria to allow for City directional signage for
places, buildings, or locations of regional or historical significance. Staff was recommending
that the City Council approve four site locations for City directional signs to direct individuals to
the automotive dealers located on Toyota Drive and John Monego Court.
On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City
Council approved the City directional sign locations for automotive dealers on Toyota Drive and
John Monego Court.
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OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or StafF,
including Committee Reports and Reports by the City Council related to meetings
attended at City expense (AB 1234)
8:39:44 PM
Assistant City Manager Foss stated the Elected Officials Summit would be postponed to Fall or
early Wnter 2011. He asked the availability of the City Council for a Disaster Preparedness
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event at the Alameda County Emergency Operations Center with invitations to all the other
governing bodies in the community. The City Council agreed to the date of May 24. Mr. Foss
stated The City's Eternal Ribbon was being constructed at Dublin Boulevard and Dougherty.
Mayor Sbranti stated the Eternal Ribbon had been funded by federal dollars.
Cm. Hart asked if there could be verbiage added to a sign near the project stating it was federal
grant monies.
Assistant City Manager Foss stated Staff would look at the signage.
Assistant City Manager Foss stated the City of Dublin was one of 27 finalists for the 2010
America City award. Staff would be back to the City Council with a Staff report regarding
budgeting issues on April 20, 2010.
Vm. Hildenbrand stated the City's recreation guides and highlights were nice. The Camp Parks
History Center had been asked to leave Camp Parks. She hoped the City could help preserve
the history of Camp Parks with the Dublin Historic Preservation Association (DHPA). She
stated she had attended a Stopwaste meeting. She attended a Livermore Amador Valley
Transit Authority (LAVTA) meeting. She stated she had concerns about restaurants leaving
City locations because of rising rents. She would like the Economic Development Committee to
discuss this. She would also like to hear from the centers on their perspective of the situation.
Cm. Biddle stated he had attended the St. Patrick's Day Chamber Lunch. He attended the
Alameda County Child Care Planning Council. He attended the Women's Club mock interviews
for high school students and a Muslim Cultural Center dinner.
Cm. Scholz stated it was an honor to be a finalist for the America City award. She attended the
LAVTA meeting. She attended the Alameda County Sheriff's promotional ceremony and the
Chamber of Commerce St. Patrick's Day Luncheon.
Cm. Hart stated he attended a Communications Committee meeting. He would be attending
the Alameda County Fire Department Advisory City Commission meeting next Thursday. He
announced he had been promoted to Commander for the Alameda County Sheriff's
Department.
Mayor Sbranti stated he attended a Sobriety Challenge at the Infineon Raceway on March 17,
2010. He attended a Veterans Welcome event. He attended the DPIE Honorary Board
meeting and a Green Task Force meeting. Two transportation forums will to be held in Dublin.
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ADJOURNMENT
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There being no further business to come before the City Council, the meeting was adjourned at
9:10:00 PM in memory of Staff Sgt. Sean Diamond and our fallen troops.
Minutes prepared by Caroline P. Soto, City Clerk.
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Mayor
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City Clerk
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