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HomeMy WebLinkAbout4.01 Draft Min 6-1-10 & 6-22DRAFT ~~4F DU.~~~ MINUTES OF THE CITY COUNCIL ~,,` OF THE CITY OF DUBLIN ~~~ ~~$~ REGULAR MEETING - June 1, 2010 ,~~~// ~ _t~ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: ~~ ~~~ CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case Existing facts and circumstances: Letter from Elite Landscaping, Inc., dated March 12, 2010 II. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case III. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: A portion of 6700 Dougherty Road (Assessor's Parcel Number 941-0007-001-07) Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Eden Housing, Inc. Under negotiation: Price and terms of payment • A regular meeting of the Dublin City Council was held on Tuesday, June 1, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11:24 PM , 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 ~ VOLUME 29 ~ REGULAR MEETING , ~~~~ June 1, 2010 '~`~ ~l f ' _ I ~„~~.~. 1. DRAFT REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. • ORAL COMMUNICATIONS ~ ~ By consensus, the City Council approved moving Items 3.4 and 3.6 to the end of Oral Communications. Dublin Youth Advisorv Committee Annual Report and Certi~cates of Appreciation 7:11:52 PM 3.1 (110-30) The Dublin Youth Advisory Committee made a presentation on activities sponsored by the City's Youth Advisory Committee this year. The City Council presented Certificates of Appreciation to the Dublin Youth Advisory Committee members for their work on the Committee. • Certificates of Recognition for Dublin Hiqh School Students' Participation in "Got Milk" Promotional Contest 7:23:48 PM 3.2 (610-50) Dublin High School Teacher Brett Shapiro presented the animation video created by Dublin High School students in the "Got Milk" Promotional Contest. The City Council presented certificates of appreciation to the students and Mr. Shapiro for their participation in the contest. • 2010 Business Anniversarv Awards 7:38:36 PM 3.3 (470-70) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council would recognize those businesses that had been in Dublin for 20, 30, 35 and 40 years. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 ~~ REGULAR MEETING n '~ "~ June 1, 2010 ~`~ ~~ ~ ~ DRAFT The City Council presented anniversary plaques to Dublin businesses. • Police Services Contract Evaluation 8:17:28 PM 3.4 (600-40) Cm. Hart stated he was an employee of Alameda County and a member of the Alameda County Sheriff's Office. This item specifically concerned the City contract for providing those police services. As a result of Government Code Section 1090, he recused himself from this item and asked that the City Clerk note his comments in the minutes. Assistant City Manager Chris Foss presented the Staff Report and advised that the City of Dublin contracted for Police Services with the Alameda County Sheriff's Office. This report provided a comprehensive evaluation of the services provided and a proposed contract extension of five years through June 30, 2015. Gregory J. Ahern, Alameda County Sheriff, stated he had taken a great interest in the law enforcement services the Sheriff's Office provided to the City of Dublin since 1982. He was proud of the Sheriffs that worked in Dublin. He was available to answer any questions the City Council might have. Mayor Sbranti asked, in regard to the Emergency Operations Center (EOC), was this where the City's EOC would be located or did the City have the ability to work out of there when needed. City Manager Pattillo stated the Sheriff had offered the City the ability to use space at the Alameda County EOC when needed. Mayor Sbranti asked how many sworn officers were dedicated to Dublin Police Services. Senior Administrative Analyst Amy Cunningham stated there were 51 sworn officers in Dublin. The City Council thanked Sheriff Ahern for his leadership and the dedicated work of the Dublin Police Services' employees, in addition to their community involvement. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cm. Hart having recused himselfl, the City Council adopted RESOLUTION NO. 77 -10 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR LAW ENFORCEMENT SERVICES • DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~ REGULAR MEETING 19,` ~~~~ June 1, 2010 ~~~ ~~ DRAFT Cm. Hart returned to the dais at 8:28 p.m. • Acceptance of Gifts from Dublin Historical Preservation Association 7:48:08 PM 3.5 (150-70) 3~ Heritage Center Director Elizabeth Isles presented the Staff Report and advised that the City Council would receive a report on the numerous donations the Dublin Historical Preservation Association (DHPA) made in Fiscal Year 2009-2010 to support projects and programs at the Dublin Heritage Center. Steve Lockhart, President of DHPA, stated the DHPA enjoyed working with Ms. Isles and other City Staff. He also thanked the City for their support. The City Council thanked the DHPA for their efforts on behalf of the community. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council received the report and as per Government Code Section 37354, accepted the gifts and directed Staff to prepare a formal acknowledgement to the Dublin Historical Preservation Association. • Acceptance of Donations for All-America Citv Awards Competition and Approval of Budqet Chanqe 8:28:42 PM 3.6 (150-70) City Manager Joni Pattillo presented the Staff Report and advised that on April 6, 2010, the City of Dublin was named a finalist by the National Civic League for the 2010 All-America City Award Competition. In order to be selected as an All-America City Award winner, a delegation from the City of Dublin must travel to Kansas City, Missouri in June 2010 to compete for the prestigious award. Private funding had been raised to send a delegation. Staff was recommending that the City Council accept the donations received to attend the competition this month, approve a Budget Change which would recognize the additional costs and offsetting revenue from contributions, and authorize out of state travel at City expense. The City Council recognized the City delegation traveling to Kansas City, Missouri. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council accepted the donations for the All-America City Awards competition; authorized City travel out of state by Staff and City Council to represent the City of Dublin at the All-America City Awards; DUBLIN CITY COUNCIL MINUTES a VOLUME 29 ~~~ REGULAR MEETING 19%~ _'~ "~ June 1, 2010 `~~'~ ~~ ~~ ~~ 3~' DRAFT approved the budget change; and directed Staff to prepare a formal acknowledgement to the donors. • Acceptance of Gifts from Lowe's of Dublin 7:54:12 PM 3.7 (150-70) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would accept donations provided by Lowe's to Dublin for Dublin Pride Week. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council accepted the donations and as per Government Code Section 37354, accepted the gifts and directed Staff to prepare a formal acknowledgement to Lowe's of Dublin. • Report on 2010 Dublin Pride Week Activities 7:55:39 PM 3.8 (150-80) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would formally recognize contributions made by various individuals and organizations which helped make 2010 Dublin Pride Week activities a successful community event. The City Council would also recognize the Dublin Pride Week Poster Contest winners. The City Council received the 2010 Dublin Pride Week activities report, recognized the sponsors and also recognized the poster contest winners. • Public Comments 8:36:58 PM 3.9 No comments were made by any member of the public at this time. • DUBLIN CITY COUNCIL MINUTES s VOLUME 29 REGULAR MEETING ,,, ~~;~ June 1 2010 19 -~~ ~ , \~~'~ ~/ ~, ~ DRAFT CONSENT CALENDAR 8:37:08 PM Items 4.1 through 4.10 ~ ~ On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of April 20, 2010. Adopted (4.2 450-30) ORDINANCE NO. 10 -10 APPROVING A PD-PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1 DEVELOPMENT PLAN FOR THE GRAFTON PLAZA PROJECT (APN 985-0061-010 & 985-0061-004), PA 07-006 Adopted (4.3 450-30) ORDINANCE NO. 11 -10 APPROVING A PLANNED DEVELOPMENT REZONE WITH A RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN FOR THE NIELSEN PROPERTY RESIDENTIAL PROJECT (6407 TASSAJARA ROAD- APN 985-0002-009-02), PA 07-057 Approved (4.4 600-35) Budget Change and Contract Change Order No. 1 to Contract No. 10-04 awarded to G. Bortolotto & Co., Inc. Adopted (4.5 600-30/600-40) RESOLUTION NO. 78 -10 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA TO RECEIVE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2010-2011 AND APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED AGREEMENTS WITH AXIS COMMUNITY HEALTH; BAY AREA COMMUNITY SERVICES; OPEN HEART KITCHEN; SENIOR SUPPORT OF THE TRI-VALLEY; SPECTRUM COMMUNITY SERVICES, INC.; AND TRI-VALLEY HAVEN FOR THE SAME FlSCAL YEAR AND AUTHORIZING THE CITY MANAGER TO SIGN THE ABOVE AGREEMENTS DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~ REGULAR MEETING 19;~ ~~~ ~~~ June 1, 2010 ~`~ ~ ~ DRAFT Adopted (4.6 820-80) ORDINANCE NO. 12 - 10 ~ ~ ~ ~ AMENDING THE DUBLIN TRAFFIC CODE TO ESTABLISH A NEW SPEED LIMIT ON CERTAIN PORTIONS OF AMADOR VALLEY BOULEVARD (VILLAGE PARKWAY TO STA(~COACH ROAD), MARTINELLI WAY (IRON HORSE PARKWAY TO HACIENDA DRIVE), AND ARNOLD ROAD (DUBLIN BOULEVARD TO ALTAMIRANO ROAD) Approved (4.7 670-20/600-25) the Budget Change and authorized the City Manager to execute the necessary documents to purchase Below Market Rate Unit at 5501 De Marcus Boulevard; Approved (4.8 600-35) City Manager authority to terminate the City's Agreement with Elite Landscaping, Inc. relating to the Dublin Historic Park Phase I Project, effective May 21, 2010. Adopted (4.9 600-35) RESOLUTION NO. 79 -10 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR COMPLETION OF THE DUBLIN HISTORIC PARK PHASE I PROJECT WITHOUT CONDUCTING A SECOND COMPETITIVE BID PROCESS Approved (4.10 300-40) Check Issuance Reports and Electronic Funds Transfers. • RECESS 8:37:47 PM Mayor Sbranti called for a brief recess. The meeting reconvened with all City Councilmembers present at 8:45:29 PM. • WRITTEN COMMUNICATIONS - None • DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 ~~aF~B~ REGULAR MEETING i;~~~~~ June 1, 2010 ~~ ~ //~ ~'~,~a~s DRAFT PUBLIC HEARINGS ~~ 3~ Jordan Ranch Planned Development Rezone with a Staqe 2 Development Plan, Development Aqreement, and a CEQA Addendum, PA 0~011 8:45:40 PM 6.1 (400-20/450-30/600-60) Mayor Sbranti opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that the Applicant was requesting approval of the Project known as "Jordan Ranch" located within the Fallon Village Project area. The current application included a Stage 2 Planned Development for the 189+ acre Jordan Ranch area, Development Agreement, and CEQA Addendum determining no further environmental review was required based on prior certified Environmental Impact Reports. The Jordan Ranch Project proposed the development of up to 780 residential units and a mixed-use component within six neighborhoods. City Manager Pattillo stated she had discussed the Community Benefit payment with the developer. It would be $5 million. The Community Benefit payment could be used in a variety of ways. As for the payment for the 2 acre semi-public site, if it was rezoned by the City Council, Staff's recommendation would be to have $400,000 used as a rental subsidy to have the Tri-Valley YMCA located in Dublin and $600,000 would go toward funding a potential joint capital project befinreen the City and the Dublin Unified School District. Cm. Hart asked for a description of the walkway over the creek. Would it be lighted? Mr. Porto stated the path would be 1,000 to 1,200 feet long and would be made up of decomposed granite and there would not be lighting. Cm. Biddle asked what the developer was responsible for in terms of work on Fallon Road and Central Parkway. City Engineer Mark Lander stated the developer would be responsible for fully improving the easterly side of Fallon Road from the short distance south of Positano Parkway, south to the southerly edge of his frontage and south of Central Parkway by another 300-400 feet. In addition, the frontage improvement consisted of the outside travel lane, curb, gutter, sidewalk, landscaping and street lighting. Also, the road would be improved to six lanes width. Central Parkway would be improved as a two lane roadway for the entire length of the project. Cm. Biddle asked who was responsible for Croak Road. Mr. Lander stated if the developer proceeded with the development of the Croak property, he would be responsible for obtaining the short strip of right-of-way from the Croak property. DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~ REGULAR MEETING 19' ~"` June 1, 2010 \~~ ~ DRAFT ~ ~ ~ Cm. Biddle asked what parks would revert to City ownership once the projects were completed. Mr. Lander stated the neighborhood park would be a five acre community park, and the finro acre neighborhood square would also become City-owned in the future. Mayor Sbranti stated the neighborhood park, the community park and the neighborhood square would come back before the City Council. Mr. Lander stated the developer would be responsible for grading and improving the sites to a finished pad which the City could then design at a later time. Mayor Sbranti asked where the commercial space of the development was located. Kevin Fryer, Mission Valley Properties, stated the retail component location was challenged as a viable large-scale retail site. A site that had frontage on Fallon Road would be more viable as a large scale retail site. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. The City Council commented positively on the developer meeting City challenges such as providing backyards for homes, garages in the back of the lots, the different look of the homes, and less density. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 80 -10 CONSIDERING A CEQA ADDENDUM TO THE EASTERN DUBLIN ENVIRONMENTAL IMPACT REPORT, AND THE 2002 EAST DUBLIN PROPERTY OWNERS (EDPO) AND 2005 FALLON VILLAGE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORTS AND APPROVING ITS FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR THE JORDAN RANCH PROJECT, PA 09-011 and introduced an Ordinance Approving a Planned Development Rezone with a Stage 2 Development Plan for the Jordan Ranch Project, PA 09-011; and waive the reading and introduced an Ordinance Approving the Development Agreement for Jordan Ranch between the City of Dublin and BJP ROF Jordan Ranch LLC (Mission Valley Properties), PA 09-011. • DUBLIN CITY COUNCIL MINUTES VOLUME 29 `~oF~B~ REGULAR MEETING i;~~~;~ June 1, 2010 ~~ ~ ~ ~''1G/FOCz~~` 9 DRAFT UNFINISHED BUSINESS Fourth Amendment to the Collection Service Agreement Between the Citv of Dublin and Amador Vallev Industries, LLC 9:24:22 PM 7.1 (600-30) ~~ j 1' 1 ~ Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider approving an amendment to the Collection Service Agreement between the City of Dublin and Amador Valley Industries. If approved, the Amendment would extend the contract term with Amador Valley Industries for an additional eight years, create a no-negative growth provision within the solid waste rate structure, update indices used to increase solid waste rates, include commercial recycling bins as an item in the annual growth factor, and adjust franchise and administrative fee rates. Gordon Galvan, Amador Valley Industries, stated he was available to answer questions and he was proud of the work that had been completed on the amendment. Cm. Hart asked why the City should approve an eight year extension of the contract. Mr. Galvan stated the eight year extension allowed the company to amortize their costs over a longer length of time. There were huge expenditures with contracts and commitments. It allowed AVI to do future planning. They could purchase new equipment, as well as, utilize new technology. Cm. Biddle stated there were benefits to the City in regard to the proposed rates being lower than average in the Tri-Valley. City Manager Pattillo stated that Staff had researched this contract and observed what was happening with other cities. There were less waste management companies that responded to requests for proposals. In regard to AVI and beyond cost containment, they knew the community and were able to look into the future and would continue to deliver a high level of service. The City Council commented on the outstanding services provide by AVI, which included being supportive and active in the community, and changes in the fee structure to help fund environmental requirements. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 81 -10 APPROVING A FOURTH AMENDMENT TO THE COLLECTION SERVICE AGREEMENT BETWEEN THE CITY OF DUBLIN AND AMADOR VALLEY INDUSTRIES, LLC DUBLIN CITY COUNCIL MINUTES ~o VOLUME 29 ~ REGULAR MEETING 19;~ ~~~ June 1, 2010 ~`~~~j ~ ~l ~ DRAFT + Dublin Sports Grounds - Phase IV Contract No. 10-03 9:36:20 PM 7.2 (600-35) Parks and Facilities Development Coordinator Rosemary Alex presented the Staff Report and advised that Staff was seeking City Council authorization to award Dublin Sports Grounds - Phase IV Contract No. 10-03. The project covered approximately 5.0 acres east of the lighted soccer field and entailed the renovation of the turf and irrigation system. Cm. Hart asked about past renovations of the Sports Grounds. Had there not been three or four past renovations? Ms. Alex stated eight years ago there was a renovation of a different area of the Sports Grounds and drainage that benefited the entire site. Two years later, the soccer field had been renovated, and lights were added. An overall plan for turF renovation had been developed about finro years ago and this is part of that plan. Cm. Hart asked how long the proposed renovations would last before having to be renovated again. Ms. Alex stated it would depend on how well the City maintains the site. Every year, the fields are closed for turf renovation or maintenance. It is important as part of the maintenance that the fields be reseeded. This is a more full scale operation with all new irrigation lines and better head to head coverage; being more e~cient with the water. Director of Parks and Community Services Diane Lowart stated in her longevity with the City, there had not been this level of renovation in 20 years. There had been smaller projects, but not to this degree. ~th the addition of fields at Fallon Sports Park and Emerald Glen Park, fields could now be rotated out of service. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 82 -10 AWARDING CONTRACT NO. 10-03, DUBLIN SPORTS GROUNDS - PHASE IV TO SUAREZ AND MUNOZ CONSTRUCTION INCORPORATED • DUBLIN CITY COUNCIL MINUTES 11 VOLUME 29 ~ REGULAR MEETING 19;~ _,_~;~ June 1 2010 ~~ , \`~~ ~'1Gl DRAFT NEW BUSINESS ~a ~ ~ Discussion on a Possible Amendment to the Temporary Use Permit Chaqter of the Zoninq Ordinance relatina to Outdoor Sales bv Established Businesses 9:45:20 PM 8.1 (450-20) Director of Community Development Jeri Ram presented the Staff Report and advised that City Staff had received numerous requests by automobile dealers for a change to the Zoning Ordinance to allow for a special type of promotional event that was not addressed in the Zoning Ordinance. The City Council would determine if Staff should work on an amendment to the Zoning Ordinance to allow for this new type of promotional event. Cm. Biddle asked if this item was added to the City's Goals and Objectives, would others slip in priority. City Manager Pattillo stated that Staff would bring back some of those High Priority Goals for the City Council's prioritization. Janet Lockhart, Dublin resident, stated that Dublin Toyota was a 30-plus acre facility and its showroom was quite a distance from their facility. They were asking the City to consider an option for them in the way of a semi-permanent awning. If it was raining or very hot, they did not have a place for salespeople to meet with customers. They were looking for an opportunity to place an awning that could not be viewed from the freeway or Dublin Boulevard. She asked that it be considered in the City Council's discussion. Cm. Biddle asked if car dealerships would have the opportunity to build something semi- permanent. Ms. Ram stated the City had met with Toyota to review their options. They would be required to go through the Site Development Review (SDR) process. Mayor Sbranti stated the SDR allowed Staff to review this request. Also, was the picture in the Staff Report what the City did not want to see in terms of tents. Ms. Ram stated that was correct. Assistant City Manager Foss stated that Mayor Sbranti was correct. That was the type of tent the City was trying to avoid. Cm. Hart was supportive of the issue brought forward by Ms. Lockhart. Regarding the item up for discussion, he was concerned with the 60-70 days per year condition. If the structure could only be up for a maximum of 30 days at a time, then that would only allow for finro times a year for the structure to be in place. He was supportive of the item if it was only 60-70 days a year. DUBLIN CITY COUNCIL MINUTES ~2 VOLUME 29 ~~ REGULAR MEETING ~ ~~~~ June 1, 2010 `~ ~, DRAFT ~ ~~ Mr. Foss stated the current ordinance only accommodated 24 days a year. The 60-70 days would allow for more tent event sales, some for less than 30 days at a time. Mayor Sbranti stated balance was key. The Staff recommendations relative to aesthetics, time frames, and visibility were important to follow. The dealerships could use the 60-70 days as they desired; in the lengths they desired. Cm. Scholz stated she agreed with it being a balance issue. She could support the tents once or finrice a year. Vm. Hildenbrand stated the issue regarding Toyota was separate and could be looked at separately. She was not sure about supporting the original issue up for consideration. She did not believe there would be a huge increase in car sales right now. This could potentially move something off of the City's Goals and Objectives or give another goal a lower priority. It was a way to go around the sign ordinance. Mayor Sbranti asked that this item be brought back at the June 22, 2010 City Council meeting. It might be something that could be added and prioritized. City Manager Pattillo asked for clarification on City Council direction. There seemed to be a 4 to 1 majority with exploring the item that was up for consideration. Was the City Council recommending this be a High Priority goal? Mayor Sbranti asked that it be brought back at the June 22, 2010 meeting for prioritization. There was consensus to move forward with discussions with Toyota. That was a separate issue. City Manager Pattillo asked for clarification regarding Dublin Toyota's issue, were the structures to be permanent or semi-permanent. Mayor Sbranti asked for consensus from the City Council that they were looking for a permanent awning/structure for Toyota only. Staff could work with Toyota specifically on that. But Item 8.1 should be brought back. The business that had approached them was Toyota and Staff could work with them. City Manager Pattillo stated that Staff had corrected the acreage on the Toyota dealership. It was 19 acres. What would happen if another dealership that was interested in a permanent structure that had less acreage? Would the City Council give Staff give the flexibility to work with that dealership. Mayor Sbranti stated he did not believe that there was a similar size dealership. Instead of casting too wide a net, the City could work with each dealer individually. City Manager Pattillo stated that Staff would work on this and bring it back to the City Council. DUBLIN CITY COUNCIL MINUTES 13 VOLUME 29 `~pFDp REGULAR MEETING 19; ~} ~ June 1, 2010 ~~~~~j/~ `1GlIbR~ ~ ~ 3~ DRAFT The City Council provided Staff with direction to work on an Amendment to the Temporary Use Permit Chapter of the Zoning Ordinance and bring it back for consideration and prioritization at the June 22, 2010 City Council meeting. • General Municipal Election - November 2, 2010 10:10:02 PM 8.2 (630-20) City Clerk Caroline Soto presented the Staff Report and advised that the next Municipal Election in the City of Dublin would be on Tuesday, November 2, 2010. Offices to be voted on shall be one (1) Mayor and two (2) Councilmembers. The Mayor serves a 2-year term and Councilmembers serve 4-year terms. The City Councilmembers would determine whether the statement of qualifications which each candidate is allowed to place in the sample ballot should be a maximum of 200 or 400 words and whether the City or each candidate should pay the costs associated with printing his/her candidate statement. The City Council would also consider the adoption of a resolution encouraging the use of the Code of Fair Campaign Practices in the November 2010 municipal election. Mayor Sbranti stated there was one slight change or addition. There would be finro informational meetings for those residents considering running for office and one after the close of the nomination period for candidates. City Manager Pattillo stated the meetings would include information regarding the practices and dedication needed by City Councilmembers. The commitment was somewhat daunting if not explained in advance. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 83 -10 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 2, 2010; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS and DUBLIN CITY COUNCIL MINUTES 14 VOLUME 29 ~~ REGULAR MEETING 19;~ ~~`;~ June 1, 2010 ``~~~ ~~, ~~ /~~~ 39 DRAFT RESOLUTION NO. 84 -10 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 and RESOLUTION NO. 85 -10 ENCOURAGING CANDIDATES TO USE THE CODE OF FAIR CAMPAIGN PRACTICES • Discussion on the Possible Addition of Grocerv Stores to Uses Requlated with Conditional Use Permits 10:17:51 PM 8.3 (410-20) Director of Community Development Jeri Ram presented the Staff Report and advised that the City Council would provide direction to Staff on whether a conditional use permit process should be studied to approve new grocery stores in the City of Dublin. Cm. Scholz asked the significance of making a decision of high, medium and low priorities for goals. City Manager Pattillo stated that through the Goals and Objectives process, the City Council did rate goals as High, Medium or Low priority. A High priority was usually always funded. Medium priority was something Staff kept on its radar. Mayor Sbranti stated this was not any different that what had been done previously. Mark Wolfe, land use lawyer, stated he had been working for several years with a number of different conservation organizations, labor organizations, and transportation advocacy groups on the issue of grocery related retail and land use issues and where those issues intersect. The grocery business was changing and the typical format was a supermarket in a neighborhood serving shopping center. That was, in their view, very good planning. There was a dispersal of high traffic generating uses that allowed neighborhoods to have access to grocery items. As that retail landscape had changed, there were large scale retail formats such as Wal-Mart, Target and K-Mart adding full service grocery components to their existing retail stores. That changed the land use planning dynamics appreciatively. Whereas there were larger numbers of neighborhood centers serving smaller segments of the population, there were now large, very powerFul draws DUBLIN CITY COUNCIL MINUTES 15 VOLUME 29 ~ REGULAR MEETING ,,;~ ~~`;~ June 1 2010 19 ~ '~ ~ ~ \\`~~ / ~~ DRAFT ( ~/ ~~ that could have the effect of closing down the neighborhood shopping center anchoring supermarket and requiring people to drive much greater distances to meet their grocery needs. That might be fine for some cities. The question was whether the City here should provide a mechanism to retain at least some degree of control over proposals to add substantial grocery components in uses that the Zoning Ordinance probably did not contemplate when it was enacted. Several cities in the area had gone so far as to ban combination grocery store and big box stores. The landscape of grocery retailing had changed a lot. If the goal of the City was to foster the type of pedestrian oriented neighborhood diversity and look and feel of the City, it was important to recognize the role that locating grocery use plays in that. Mayor Sbranti stated he had brought up this issue. For example, at the Waterford Center, there was a restaurant that required a particular amount of parking and the grocery store's parking requirements became an issue. When you zeroed in on the Conditional Use Permit process, it defined requirements better on what ancillary uses could go there for a better integrated plan. You could see the expansion of the Target groceries. Adding groceries to other types of uses could fundamentally alter the fabric of an entire shopping center. Having an extra step of review in terms of parking, traffic, and circulation on surrounding businesses, required further review. He would like to move forward on this tonight as a High priority. Vm. Hildenbrand stated she believed the City should continue to look into this issue. She had concerns about larger retail stores adding on grocery. These types of stores changed the fabric of the community. Going through these permit processes allowed the City to look at these individually and give them approval or not based on the merit of what they were proposing. There were traffic issues that were a component of this. She supported moving forward with this. Cm. Biddle stated he was OK with taking a look at this. Cm. Scholz stated she was OK with it. She had concerns with big box stores and parking. She supported this. Cm. Hart asked what was broken. He was concerned about specific Staff time and City Attorney time. He did not see a specific problem that needed to be fixed. He did not agree to adding it as a High priority and having to move another goal down. Mayor Sbranti stated it was an intersection of planning and economic development. This issue became important now because the City was dealing with the Downtown Specific Plan. City Manager Pattillo asked for confirmation that the City Council wanted this item added as a new High Priority Goal and fully funded. By consensus, the City Council directed Staff to add this item as a High priority goal. •~ DUBLIN CITY COUNCIL MINUTES 16 VOLUME 29 G~~OFDtj~~ REGULAR MEETING 19,~~~~~ June 1, 2010 `~ ~ ~~ ~'~,~a~~ DRAFT Dublin 101 Academv 10:33:29 PM 8.4 (150-80) ( ~~ ~ ~ Assistant City Manager Chris Foss presented the Staff Report and advised that the City of Dublin had offered the Dublin 101 Academy (also known as the Dublin Leadership Academy) since 2004. The City Council would consider whether the Dublin 101 Academy should be continued for Fiscal Year 2010-2011. Janet Lockhart, Dublin resident, stated that the City Council had discussed how Dublin 101 was an element in the All America City application and now it was considering eliminating it. It was important to the City. Service clubs could help promote the program. It was an invaluable service offered to the community. Cm. Hart stated he was not supportive of holding it every other year; it should be re-evaluated. It might be held on Saturdays. It could be retooled and remarketed. Mayor Sbranti asked if it was feasible to make changes at this point and keep it for the coming year. City Manager Pattillo stated they needed to decide whether to keep it to make it into the fall catalogue of classes. Cm. Scholz stated it was a valuable program. Maybe it could be skipped this year and re- evaluated. Vm. Hildenbrand stated she agreed that it was being discussed at All America City awards and it should be continued. It could be retooled. Having it on a different day might bring in a new crowd. Cm. Biddle stated it was valuable to the City. He was not quite sure it could be retooled like Day on the Glen. The City could explore options. Mayor Sbranti stated when the program started it was to be at no cost to the residents. After the end of the last program, he told Staff the program might have run its course. Was there a way to hold this in the Spring? It did need to be retooled. If it was retooled and presented in the Spring, and then it did not do well, then the City Council could bring it back for discussion. He recommended keeping it in the fiscal year budget, not launch it in the fall, and then reevaluate it. The City Council directed Staff to budget this in the Fiscal Year 2010-2011 budget, redesign the program to be launched in the Spring of 2011 and bring it back to the City Council for approval. Also work with service organizations to advertise the class. •~ DUBLIN CITY COUNCIL MINUTES ~7 VOLUME 29 ~~ REGULAR MEETING 19` ~`" June 1, 2010 `~~~ ~ DRAFT ~~ ~ ~ ~ Desiqnation of Aqencv Labor Neqotiators - Unrepresented Emplovee: Citv Manaqer 10:49:23 PM 8.5 (110-30) Mayor Sbranti presented the Staff Report and advised that this item provided for the designation of finro members of the City Council as the City's representatives to discuss conditions of employment for the City Manager. On motion of Mayor Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council designated Vice Mayor Hildenbrand and Councilmember Hart as the City's representatives to discuss conditions of employment for the City Manager. • OTHER BUSINESS Brief INFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 10:50:31 PM Cm. Biddle stated he had met with the area's lobbyist and attended the Tri-Valley Council meeting. He attended the Dublin Unified School District (DUSD) Memorial Day choir performance, the Dublin Partners in Education (DPIE) auction on Saturday; the homecoming for returning serviceman Robert Boboc at Dublin Elementary; and the Dublin Integrity meeting, and the Disaster Preparedness Elected Officials Summit meeting sponsored by the City. He also attended Congressman McNerney's bill signing in support of service personnel. Vm. Hildenbrand stated she attended the Tri-Valley Council meeting, the Memorial Day Choir performance, the Disaster Preparedness Elected Officials Summit meeting, and a Waste Management meeting. Cm. Scholz stated she attended the Disaster Preparedness Elected Officials Summit meeting, the Dublin Elementary Homecoming for Robert Boboc, the Livermore Tri-Valley Council meeting, and the Congressman McNerney bill signing. Cm. Hart stated he attended Tri-Valley Council meeting, the Memorial Day choir performance, and the Disaster Preparedness Elected Officials Summit meeting. He requested that the City Council consider adding, at a minimum, Disaster Training through a collaborative effort through Police Services, Fire and EMS Services to the community, and also a Citywide Disaster exercise as High priorities to its Goals and Objectives. DUBLIN CITY COUNCIL MINUTES ~s VOLUME 29 ~~ REGULAR MEETING 19 ~~,~~ June 1, 2010 ~~~.' / ~, DRAFT ~q~ .~~ b Mayor Sbranti stated he attended all the meetings referenced. There would be a forum on the State Budget on Thursday, June 17, 2010 at the Dublin Library. • ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 11:00:25 PM in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES 19 VOLUME 29 ~~ REGULAR MEETING 19~ _'_,,. `'~ June 1, 2010 ~`~ ~, ° ~~ 39 ~ DRAFT ~,~~v~~ ~j ~~~ MINUTES OF THE CITY COUNCIL "' -~~~' $'~ OF THE CITY OF DUBLIN ,~;~~'~ ~~j~~Q~1~ ADJOURNED REGULAR MEETING - June 22, 2010 BUDGET HEARING 5:30 P.M. Regular Order of Business for City Council meeting followed directly after Budget Session. I. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG 5:30:28 PM ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti ABSENT: • PLEDGE OF ALLEGIANCE 5:30:31 PM The pledge of allegiance to the flag was recited by the City Council, Staff and those present. • II. Adoption of Final 2010-2011 Goals and Obiectives Proqram 5:30:55 PM p.m. (100-80) Senior Administrative Analyst Amy Cunningham presented the Staff Report and advised that the City Council would rank and approve proposed additional Fiscal Year 2010-2011 objectives, and adopt the Fiscal Year 2010-2011 Goals and Objectives program including carry-over objectives from Fiscal Year 2009-2010, Strategies, and 10-Year Strategic Plan. The newly proposed Objective, Community Development, Planning: "Create a temporary use process for tent sales in promotional events with a cost of $2,100", was ranked as High Priority by the City Council. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 oe ADJOURNED REGULAR MEETING ~9;~~~~ ,~ JUNE 22, 2010 ~~~'~~~ ~1G1 R~ al~ 39 ~ DRAFT The newly proposed Objective, Parks and Community Services, Culture and Leisure Services: "Prepare and update the Parks and Recreation Master plan to evaluate the need for a community theater and cultural arts center and assess the square footage needed for the recreation and community center with no anticipated costs for this objective", was ranked as a High Priority by the City Council. The newly proposed Objective, Public Safety, Disaster Preparedness; "Explore the feasibility of conducting a collaborative citywide disaster exercise with the City's jurisdictional partners with no anticipated costs for this objective", was ranked as High Priority by the City Council. Cm. Hart stated that this Objective came up at the Elected Officials Summit held this year, and felt it was important for the City to continue to work with City jurisdictional partners and the Dublin Unified School District to further promote preparedness. City Manager Pattillo noted that a citywide disaster preparedness exercise would continue to be held on an annual basis which was listed under the Goals and Objectives for the Environmental Services Division, Disaster Preparedness, where jurisdictional partners are invited to participate. Vm. Hildenbrand proposed the City Council consider reapplying for the All America City application process one more time, establish this as a new goal and objective and rank this as a High priority. By City Council consensus, this new Goal and Objective was agreed upon and ranked as High Priority by the City Council. City Manager Pattillo stated this would be presented to City Council in a similar format as was previously done and would include a funding component for this process as well. Cm. Hart asked if the City would need to establish a new Goal and Objective as it related to the collaboration of assisting the Alameda County Fire Department with their Strategic Plan initiatives. Alameda County Fire Chief Sheldon Gilbert stated their strategic plan was in the final draft form to be presented to the Alameda County Board of Supervisors and if finalized, would be adopted by the Board by August 2010. Mayor Sbranti asked what had been done in regards to the Strategic Plan. Chief Gilbert stated they held a number of community meetings in all the jurisdictions they served. Once the Strategic Plan was adopted, they would hold additional outreach meetings to show how the Strategic Plan would be implemented in their DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 ~~oF~, ADJOURNED REGULAR MEETING 19' ~~ ~ J U N E 22, 2010 ~~~~~j~ dGI]~pR~~ ~~ ~( ~ DRAFT community based on their recommendations and how the progress of the plan could be tracked by a new tracking mechanism available online to the public. Cm. Hart asked if there was a need to document assistance on behalf of the City for the Alameda County Fire Department Strategic Plan. City Manager Pattillo proposed that after the Alameda County Board of Supervisors adopted the Strategic Plan, the City Council could then adopt the plan as well. Mayor Sbranti commented on the Community Development, Housing Goals and Objectives: "Human Services Commission on page 17 of the Goals and Objectives Final Report", and stated he would like to see this moved to the beginning of the fiscal year as opposed to later in the fiscal year. City Manager Pattillo stated that she would work with Staff to bring the item to the City Council in September or October 2010. Mayor Sbranti opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council ranked and approved the proposed additional Objectives for Fiscal Year 2010-2011; approved revised Fiscal Year 2010-2011 Objectives, including carry-over objectives from Fiscal Year 2009-2010 and Strategies; and adopted the Fiscal Year 2010-2011 Goals and Objectives program, Strategies and 10-Year Strategic Plan, as amended. • III. Adoation of an Aaaroariations Limit Fiscal Year 2010-2011 5:54:05 PM (330-20) Administrative Services Director Paul Rankin presented the Staff Report and advised that each year the City Council was required by State Law to adopt an Appropriations Limit (Limit) in conjunction with the annual Budget process. The Fiscal Year 2010- 2011 Appropriations Limit was calculated by multiplying the adopted Limit for the prior year by a set of factors to create a new Limit. Because certain factors used in the calculation were negative, the Appropriations Limit for Fiscal Year 2010-2011 would be lower than previous years; however, appropriations subject to the Limit would be significantly below the maximum. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 29 ~~oE ADJOURNED REGULAR MEETING 19~'-~. `~ JUNE 22, 2010 ~~ !~ // , a~~ a 3~~ ~ ~~ DRAFT Mayor Sbranti opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Biddle, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 86-10 ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR2010-2011 OF $180,508,969 •~ IV. Public Hearinq: Adoption of 2010 - 2015 Five Year Capital Improvement Plan 5:56:46 PM (330-40) Administrative Services Director Paul Rankin presented the Staff Report and advised that the City Council would consider the adoption of a Five - Year Capital Improvement Program (CIP) which outlined public projects proposed for completion for Fiscal Years 2010-2011 through Fiscal Year 2014-2015. The Five-Year Capital Improvement Program (CIP) included forty-eight (48) projects costing a total of approximately $187.4 million. Of this amount, approximately $130.5 million would have been spent in prior years leaving a total of $56.9 million allocated during the five year CIP time frame. Cm. Biddle asked about the need for a generator to be able to supply power to the entire Civic Center and how this related to disaster preparedness. City Manager Pattillo stated that specific project would be deferred. However, grant funding would be researched for the purchase of a generator. If the current fiscal year 2009-2010 ended favorably, this project would be recommended to move forward with funding. Mayor Sbranti opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 29 ~~oF ADJOURNED REGULAR MEETING 1;~~~,~ JUNE 22, 2010 ~~ ~ /~ ~, A~ 4 ~ b~ 3~ ~ DRAFT On motion of Cm. Biddle, seconded by Vm. Hildenbrand and by unanimous vote, the City Council received the Staff Presentation on the Five Year Capital Improvement Program; Reviewed the Proposed CIP Update by major project category (General Improvements; Community Improvements; Parks; and Streets), and asked any questions regarding the proposed projects; Received public comments; identified any modifications that the City Council desires to make to the Five Year CIP; and adopted RESOLUTION NO. 87-10 ADOPTING THE FISCAL YEAR 2010 - 2015 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM and; authorized the Budget Change for the Dublin Boulevard Corridor Project. • V. Public Hearinq: Fiscal Year 2010-2011 Preliminarv Budqet and Financial Plan 6:19:07 PM (330-20) City Manager Joni Pattillo presented the Staff Report and advised that the City Council would conduct a public hearing and consider approval of a resolution adopting the Fiscal Year 2010-2011 Preliminary Budget and Financial Plan. Mayor Sbranti commented on Public Safety cuts for the current fiscal year and how this could possibly impact next fiscal year budget cuts. The Mayor proposed to adopt the Budget for Fiscal Year 2010-2011 as presented and that if the current Fiscal Year 2009-2010 ended favorably, then Staff could revisit the Public Safety cuts, specifically for the elimination of one o~cer for Fiscal Year 2010-2011. City Manager Pattillo cautioned that, even if the budget for Fiscal Year 2009-2010 ended favorably, those would be one-time funds. The budget cuts proposed in Fiscal Year 2010-2011 were ongoing and not one-time cuts. City Attorney John Bakker stated for the record that Cm. Hart had not participated in the discussion where any decision was made regarding Public Safety where the elimination of an officer could result in an amendment to the Alameda County Sheriff's Office contract, which Cm. Hart is employed with. Prior to the discussion of the Health and Welfare budget portion of the proposed Budget for Fiscal Year 2010-2011: DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~,~oF~, ADJOURNED REGULAR MEETING ,,; ~~~ J U N E 22, 2010 1\`~"~~l% ~~ ~~ ~ ~ ~ DRAFT Cm Biddle stated that he was a member of the Board of Directors of Dublin Partners in Education. The proposed budget included grant funding, which totaled $20,000, for Dublin Partners in Education. He recused himself from participation in any discussion on this matter, and from taking action on that portion of the budget. He asked the Deputy City Clerk to note in the minutes that his vote in favor of the budget resolution did not include approval of the funding of DPIE and that he abstained from approving that portion of the budget. Vm. Hildenbrand stated that she was an employee of the Dublin Unified School District in the Education Services Department and the Health Services Department. The proposed budget contained finro line-items for funding of School District activities, one related to funding for Grad Night Activities, and one related to funding for Red Ribbon Week. The funding would be made to the District's Student Services Department, and therefore she did not need to recuse herself from taking aetion on the requests. She asked the Deputy City Clerk to note this statement in the minutes. Mayor Sbranti stated that he was an employee of the Dublin Unified School District in the Education Services Department. The proposed budget contained finro line-items for funding of School District activities, one related to funding for Grad Night Activities, and one related to funding for Red Ribbon Week. The funding would be made to the District's Student Services Department, and therefore he did not need to recuse himself from taking action on the requests. He asked the Deputy City Clerk to note this statement in the minutes. Mayor Sbranti opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Cm. Hart stated he did not favor budget cuts finro years in a row, but stated he commended Staff and the City Manager for all the discussions held regarding the decisions made on the proposed budget. Cm. Scholz commented that past Councilmembers had the foresight to plan for the future and commended them for their leadership and planning, and was satisfied with the proposed budget. Vm. Hildenbrand stated that she concurred with what had been said and that the City needed to celebrate that parks were still being built, neighborhoods were kept clean and safe and the City provided essential services to the community, which were top quality in the bay area, and in the State of California. Budget cuts are planned for and this was attributed to previous City Councilmembers and their leadership. DUBLIN CITY COUNCIL MINUTES s VOLUME 29 G~~o~~,~~ ADJOURNED REGULAR MEETING 19'~~~`~ JUNE 22, 2010 `~ '~ /~ C}~~~R~til` a~ ~ ~ DRAFT Mayor Sbranti concurred with all comments made, and commended City Council for their strong fiscal management and policy planning with the economic uncertainty reserve funds. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council received Budget Overview; reviewed the Preliminary Budget by Major Program Area (General, Public Safety, Transportation, Health and Welfare, Culture and Leisure Services, and Community Development) and asked questions about proposed budget activities; received Public Comment; and adopted RESOLUTION NO. 88 -10 ADOPTING A BUDGET FOR THE CITY OF DUBLIN FOR FISCAL YEAR 2010 - 2011 • 6:52:25 PM Break at this time. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti ABSENT: CLOSED SESSION A closed session was held at 6:53:21 PM , regarding: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: A portion of 6700 Dougherty Road (Assessor's Parcel Number 941-0007- 001-07) Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Eden Housing, Inc. Under negotiation: Price and terms of payment • DUBLIN CITY COUNCIL MINUTES 7 VOLUME 29 0~ ADJOURNED REGULAR MEETING 19;~,_} ,~ JUNE 22, 2010 `~~j~ ~ ~'~ 39 DRAFT The regular portion of the meeting of the Dublin City Council was held in the Council Chambers of the Dublin Civic Center. The portion of the meeting was called to order at 7:12:57 PM , by Mayor Sbranti. • REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. • ORAL COMMUNICATIONS No Textinq While Drivina Resolution 7:48:47 PM 3.1 (585-10) Mayor Sbranti presented the Staff Report and advised that the City Council would consider adopting a"No Texting While Driving" Resolution to promote safe driving in the State of California. Ken Mintz of AT&T, commented on the importance of not texting while driving through public education and thanked the City Council for their support of adopting this resolution. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 89 -10 NO TEXTING WHILE DRIVING i~ Appointments To Alameda Countv Transportation Commission (ACTC) 8:00:16 PM 3.2 (110-30) DUBLIN CITY COUNCIL MINUTES s VOLUME 29 0~~ ADJOURNED REGULAR MEETING 19;` _~_* ,~ JUNE 22, 2010 ``~'~j % ~'1GI R~ ~~ ~~ ~ DRAFT Mayor Sbranti presented the Staff Report and advised that the City Council would consider the appointment of the City's member and delegate to serve on the newly- formed Alameda County Transportation Commission (ACTC). On motion of Mayor Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council appointed Mayor Sbranti, with Vm. Hildenbrand as the alternate, to the Alameda County Transportation Commission and directed Staff to notify the ACTC of the City Council's selection. Public Comments 7:13:14 PM 3.3 Brian Matthews representative of Stopwaste.org, promoted the Ready, Set, Recycle Contest program which was aimed at the reduction of landfill waste, by way of diversion of curbside recycling in residential areas. This program would be launched in Dublin as a test City. Linda Mandolini of Eden Housing commented on the All America City trip to Kansas City as a member of the City of Dublin delegation and commended Vm. Hildenbrand and Staff on what a great job they did on the presentation and the entire trip, and what an honor it was to represent the City of Dublin. John McPartland of BART reported on the update of the West Dublin Bart Station, projected completion date was set for late Winter 2010 to early Spring 2011 and thanked the City for its patience. • CONSENT CALENDAR 7:25:36 PM Items 4.1 through 4.16 On motion of Cm. Scholz, seconded by Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meeting of May 4, 2010 and May 18, 2010, Adjourned Regular Meeting of January 23, 2010, and Special Meeting of April, 27, 2010; Directed (4.2 640-40) Staff to review the City's Conflict of Interest Code and, if amendments were necessary, submit proposed amendments to the Code for City Council approval or, if amendments were not necessary, to so inform the City Council; DUBLIN CITY COUNCIL MINUTES s VOLUME 29 0~ ADJOURNED REGULAR MEETING 19;~~~~ ,~ J U N E 22, 2010 ~~~~~j~ `IG/ R~ ~ ~~ 3`~ ~ DRAFT Approved (4.3 600-35) Change Order #1 for Dublin Sports Grounds Phase IV; Adopted (4.4 600-30) RESOLUTION NO. 90 -10 APPROVING AMENDMENTS TO AGREEMENTS FOR ENGINEERING SERVICES WITH ASSOCIATED ENGINEERING CONSULTANTS, INC., FEHR & PEERS, KLEINFELDER WEST, INC., PERMCO ENGINEERING & MANAGEMENT, AND ZUMWALT ENGINEERING GROUP Adopted (4.5 380-10) RESOLUTION NO. 91-10 AUTHORIZING STAFF TO PROCURE DESK-TOP COMPUTERS FROM DELL, INC. Approved (4.6 1060-20) the hanging of the Bus Rapid Transit banners from July through November 2010; Adopted (4.7 820-90) RESOLUTION NO. 92 -10 VACATION OF FALLON ROAD RIGHT-OF-WAY AT THE FALLON ROAD/ POSITANO PARKWAY INTERSECTION Adopted (4.8 450-30/600-60) ORDINANCE NO. 13 - 10 APPROVING A PLANNED DEVELOPMENT REZONE WITH A STAGE 2 DEVELOPMENT PLAN FOR THE JORDAN RANCH PROJECT PA 09-011 and ORDINANCE NO. 14 - 10 APPROVING THE DEVELOPMENT AGREEMENT FOR JORDAN RANCH BETWEEN THE CITY OF DUBLIN AND BJP ROF JORDAN RANCH LLC (MISSION VALLEY PROPERTIES) PA 09-011 DUBLIN CITY COUNCIL MINUTES VOLUME 29 ~~oF~, ADJOURNED REGULAR MEETING 19; j~~ ~ JUNE 22, 2010 `~~'~~/~ 4LIFOR~ 10 3~ ~ 3~ DRAFT Adopted (4.9 295-20) RESOLUTION NO. 93 -10 APPROVING THE APPLICATION FOR NATURE EDUCATION FACILITY PROGRAM FUNDS SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTEC110N BOND ACT OF 2006 Adopted (4.10 600-60) RESOLUTION NO. 94 -10 ACCEPTANCE OF IMPROVEMENTS FOR TRAFFIC SIGNALS AT DUBLIN BOULEVARD AND FALLON ROAD AND DUBLIN BOULEVARD AND LOCKHART STREET Adopted (4.11 600-60) RESOLUTION NO. 95 -10 ACCEPTANCE OF IMPROVEMENTS FOR TRAFFIC SIGNAL AT CENTRAL PARKWAY AND FALLON ROAD Authorized (4.12 330-20) as Appropriations to Reserves any revenues in excess of budgeted expenditures as of June 30, 2010; Authorized (4.13 330-20) the City Manager to execute the Contract Change Order and accept the improvements under Contract No. 10-01, Fiscal Year 2009-2010 Annual Sidewalk Safety Repair Program, and authorized the release of retention after 35 days if there were no subcontractor claims; Adopted (4.14 600-30) RESOLUTION NO. 96 -10 APPROVING AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FISCAL YEAR 2010-2011 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT Authorized (4.15 600-30) the City Manager to execute on behalf of the City, documents providing financing for the Arroyo Vista Redevelopment Project, provided that the terms and conditions were materially consistent with the terms in this Staff Report and subject to review of all legal forms by the City Attorney. The City Council approved the Budget Change providing an appropriation of funds and authorized the release of funds based on the final loan documents and grant funding agreement; DUBLIN CITY COUNCIL MINUTES 11 VOLUME 29 ~,~o~DU ADJOURNED REGULAR MEETING ~,; ~~``;~ J U N E 22, 2010 '~~~~~//~ '1GIFOR~ .~ 3~ ~ DRAFT Approved (4.16 300-40) Check Issuance Reports and Electronic Funds Transfers. • WRITTEN COMMUNICATIONS - None • PUBLIC HEARINGS Approval of Engineer's Reports and Annual Levies for Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); Street Liqhtinq Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067) 8:01:38 PM 6.1 (360-20) Administrative Analyst Erin Steffen presented the Staff Report and advised that the City Council would consider approving the Engineer's Reports and the levy of assessments in each of the finro street lighting maintenance districts and the three landscaping maintenance districts for the 2010-2011 Fiscal Year. A public hearing would be opened and closed for each of the five Assessment Districts. Maintenance Assessment Districts were a means to levy special assessments collected on the property tax bill, which could only be used to pay for the identified activities benefiting the properties assessed. The assessments levied were dependent upon several factors including: the cost projected to maintain the improvements, approved annual adjustment factors; existing balances collected in prior years; and the number and type of properties. Mayor Sbranti opened the public hearing. 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 adopted DUBLIN CITY COUNCIL MINUTES VOLUME 29 a~~ ADJOURNED REGULAR MEETING 19;~~_~ ,~ JUNE 22, 2010 ~~~~ ~ 12 ~ - .~1 DRAFT RESOLUTION NO. 97 - 10 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 RESOLUTION NO. 98 -10 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD) RESOLUTION NO. 99 -10 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 8f~1 (VILLAGES AT WILLOW CREEK) RESOLUTION NO. 100 -10 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) RESOLUTION NO. 101 -10 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) • Temporary Amendment to the Sign Regulations (Chapter 8.84) and Permit Procedures (Chapter 8.96) of the Dublin Zonina Ordinance 8:09:40 PM 6.2 (400-30/450-20) Community Development Director Jeri Ram presented the Staff Report and advised that the City Council would consider the extension of temporary modifications to DUBLIN CITY COUNCIL MINUTES 13 VOLUME 29 ~,~oF~ ADJOURNED REGULAR MEETING i;~,_~ ,~ JUNE 22, 2010 ~~`~ ~ ~~ 3 i~ DRAFT Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, of the Dublin Zoning Ordinance which contributed to the City's program to provide an economic stimulus to business owners in the current economic climate. The modifications would be in effect for a period of one year, until August 20, 2011. The City Council would also provide Staff with direction regarding permanent modifications to the Temporary Promotional Banner regulations. Mayor Sbranti opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Cm. Hart stated his support of Staff recommendation. Vm. Hildenbrand stated the original zoning ordinance was established for a reason and that she liked the way it was originally written. Cm. Biddle supported the changes specifically in allowing the businesses the flexibility of configuration changes of the promotional banners. Mayor Sbranti stated he supported the modifications which were modest and did not see this as a problem in the business community. On motion of Cm. Scholz, seconded by Cm. Hart, opposed by Vm. Hildenbrand and by a four to one vote, the City Council introduced Ordinance Amending the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for a One-Year Period, PLPA 2010-00021; and directed Staff to prepare permanent modifications related to Temporary Promotional Banner regulations of the Zoning Ordinance. ~~ Public Hearing: Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided By Amador Valley Industries and Establishing the 2010-2011 Annual Assessment 8:18:28 PM 6.3 (600-30) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the agreement for solid waste services befinreen the City and Amador Valley Industries (AVI) required the City to adopt a rate schedule, which was estimated to produce a specified revenue amount as identified in the Agreement. The City had also adopted an Ordinance, which required all parcels in the City to subscribe to DUBLIN CITY COUNCIL MINUTES ~a VOLUME 29 ~~OFD ADJOURNED REGULAR MEETING r;~~~,~ J U N E 22, 2010 ~~ ~j ~ ~trroa~~ 3~ DRAFT weekly minimum garbage service. For residential properties that were serviced with individual containers, the City collected the annual cost of minimum service with the property tax bill. The City Council would consider adopting two separate resolutions establishing the garbage rates effective July 1, 2010 and establishing the Fiscal Year 2010-2011 refuse related property tax assessment Mr. Gordon Galvan, of AVI, concurred with Staff's recommendation and encouraged City Council to support the resolution before them. Mayor Sbranti opened the public hearing. 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. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 102 -10 APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 2010-2011 and RESOLUTION NO. 103 -10 AMENDING THE SCHEDULE OF SERVICE RATES FOR INTEGRATED SOLID WASTE SERVICES and approved the Budget Change. ~ UNFINISHED BUSINESS Green Initiatives Task Force Recommendations 7:25:52 PM 7.1 (530-10) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would review the recommendations from the Green Initiatives Task Force, which highlighted environmental activities that the City could consider undertaking over the next few years. DUBLIN CITY COUNCIL MINUTES 15 VOLUME 29 ~ ADJOURNED REGULAR MEETING 19;` ,_~ ,~ JUNE 22, 2010 ~`~~' / ~ ~~ } ~~ DRAFT Renata Tyler, Dublin resident commented on the efforts of the Green Initiatives Task Force encouraging City Council to support Staff's direction on the recommendations. Vm. Hildenbrand commented on having served on the Task Force and noted that discussion on the focus of implementing initiatives would need a commitment of not only time and effort but also funding. Vm. Hildenbrand also stated that given the economic times, she knew it would be a challenge in implementation of initiatives, especially at the schools which was one of the initiatives desired to move forward. Vm. Hildenbrand thanked the Task Force members for their time on the committee. Cm. Scholz commented that implementation at schools for the recommended initiatives would need to start with curriculum. Vm. Hildenbrand responded that there would definitely need to be a culture change because success was not measured by a recycle bin and filling it with paper, it would need to be a lifestyle change along with teaching appropriate recycling. Cm. Hart thanked the Task Force and noted that challenges did exist with implementation of new policies and procedures, but was an important effort to pursue. Janet Lockhart, Dublin Partners In Education (DPIE) Director, commented on the direction of the upcoming goals for DPIE and stated the opportunity for the City to partner with the community at both the business and school level and to encourage assistance for the implementation on initiative implementation. Brad Green, Energy Manager at DUSD, and participant on the Green Initiatives Task Force, commended the City's efforts. Mayor Sbranti noted that a multi-year timeline would be encouraged so the City could keep track of initiatives and keep the Task Force involved in the process. City Manager Pattillo stated that if the direction given to Staff was to create a green initiatives strategic plan, then the Task Force would be included in the process of creating a draft strategic plan prior to presentation to City Council for final adoption. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council provided feedback on the initiatives developed by the Green Initiatives Task Force; confirmed the green initiatives list; directed Staff to create a green initiatives strategic plan; and directed Staff to include one additional initiative as part of the Fiscal Year 2010-2011 Goals & Objectives Program. • DUBLIN CITY COUNCIL MINUTES 16 VOLUME 29 ~~oF~,~~ ADJOURNED REGULAR MEETING 1;~~~~~ J U N E 22, 2010 ~~ ~j ~ ~'~~~R~1~ 36 . 3 ~ ~ DRAFT Adoption of Resolution Rescinding Prior Tri-Valley Transportation Development Fee Proaosed Increases (Resolution Nos. 167-08 and 187-08) 8:21:28 PM 7.2 (590-80) Senior Civil Engineer (Tra~c) Jaimee Bourgeois presented the Staff Report and advised that in 2008, the Tri-Valley Transportation Council (MC) completed a Fee Nexus Study Update and developed new Tri-Valley Transportation Development Fee amounts for member agency consideration. The Dublin City Council adopted finro resolutions in 2008 approving the proposed new fees increases, which would have gone into effect on July 1, 2010, across all land use categories. Because any change to the fees required unanimous approval and because one of the member agencies did not approve the new fee structure, the proposed fee increase was never formally adopted by MC. As such, the City of Dublin adopted resolutions needed to be rescinded at this time. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 104 -10 RESCINDING RESOLUTIONS 167-08 AND 187-08 RELATING TO THE TRI- VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE • NEW BUSINESS Request to initiate a Planned Develoament Rezone for the Sierra/Trinitv Business Park 8:27:04 PM 8.1 (450-30) Planning Manager Jeff Baker presented the Staff Report and advised that, at the request of the City Council, Staff had been reviewing City regulations to determine if any changes were necessary in order to provide assistance to businesses and property owners due to the current economic climate. The Planned Development Zoning District for the Sierra/Trinity Business Park was overly restrictive and therefore placed a burden on the current property owner by restricting the types of businesses that could locate on the site. In order to expand the allowable uses on the site, the City Council would provide Staff with direction regarding a proposed amendment to the Planned Development Zoning District for the Sierra/Trinity Business Park. DUBLIN CITY COUNCIL MINUTES ~~ VOLUME 29 ADJOURNED REGULAR MEETING 19 d~,~ ~ JUNE 22, 2010 ~~ ~~ 3~ ~~ C~ DRAFT Dwane Berry, representative of the property owners (WCV Commercial Properties), stated that this would allow more flexibility in the types of businesses currently zoned. Mr. Berry also stated that, over the last year, they had lost approximately five rental leases due to the specific zoning currently in place. Assistant City Manager Chris Foss stated that the City would have turned down additional businesses for leasing in this area as well due to zoning restrictions. The City Council provided Staff with direction to work on amending the Planned Development Rezone for the Sierra/Trinity Business Park. The City Council wished to have Staff work on this, and assigned a priority of high priority. • Paperless Aqenda Outions 8:35:41 PM 8.2 (610-10) City Clerk Caroline Soto presented the Staff Report and advised that one of the City Council's High Priority Objectives for Fiscal Year 2009-2010 was to "Investigate opportunities and implement solutions for paperless Council Meetings." This Staff Report would present options to the City Council regarding the objective. City Manager Pattillo clarified for City Council that if Phase 1 wais being considered then Staff would present a draft Capital Improvement Project at the next City Council meeting, and implement this phase as a test project that could later be implemented with the other commissions. She further clarified that the purchase of laptops would be to bring a universal approach to accessing the agenda electronic files. In recognition that the ultimate goal was to reduce the use of paper and understand the amount of resources it would take to manage this project. Vm. Hildenbrand asked if Staff could look into grant funding for the implementation of Phase 2 of this project. City Manager Pattillo stated that Staff could look into this funding option. The first option would be to seek availability from Stopwaste.org. The current proposal was to fund from the General Fund. Mayor Sbranti stated that he would like to have more information presented on the Phase 1 implementation at the next City Council meeting, and look at how we could implement Phase 2 in the future. DUBLIN CITY COUNCIL MINUTES ~s VOLUME 29 oFZ~ ADJOURNED REGULAR MEETING 19,` ~-~. ~~ JUNE 22, 2010 ~~~~ ~ ~ ~~ ,~~.. ~ DRAFT The City Council reviewed the options and, at a minimum, conceptually approved proceeding with additional research of Phase 1. A Budget Change and amendment to the Capital Improvement Program encompassing the total scope desired by the City Council would be brought back to the meeting of July 20, 2010 for City Council approval. •~ Fallon Saorts Park Dedication 9:02:32 PM 8.2 (245-20) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the construction of the new Fallon Sports Park was nearing completion. The City Council would consider potential dates for the park dedication ceremony. The City Council selected August 28, 2010, as the date for the park dedication ceremony, and provided input on potential event components. •~ OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:06:44 PM City Manager Pattillo stated the City Clerk's O~ce would be providing the public an information meeting for residents interested in becoming a candidate for City Councilmember or Mayor and the organization of City Governance. The meeting would occur on Monday, July 12th at 6:30 pm in the City Council Chambers. There would also be a follow-up meeting for all candidates once the filing period was closed to provide additional information. Vm. Hildenbrand stated the All America City Trip was a great learning process and looked forward to attending next year. David Haubert, Dublin Unified School District and member of the All America City Delegation, submitted a letter of appreciation of City Staff and for the opportunity to be part of representing the City of Dublin. DUBLIN CITY COUNCIL MINUTES ~g VOLUME 29 ~~ ADJOURNED REGULAR MEETING 19'~~_ _,~ `~ JUNE 22 2010 d~ ~ \~~ / ~ ~ ~ i°~ DRAFT Cm. Scholz stated she attended the Camp Parks Education Building dedication in honor of the late Staff Sgt. Sean Diamond, the School of Imagination Graduation ceremony, the Tri-Valley Affordable Housing Committee meeting, the DUSD School Board meeting, the East Bay Division meeting and the Holiday Inn re-opening. Cm. Hart stated he attended the Alameda County Fire Dept Advisory Committee meeting. Cm. Biddle stated he attended the Sheriff's Promotional ceremony, and the Camp Parks Education Building dedication. Mayor Sbranti stated he attended the John Madden Bocce Tournament, Holiday Inn re-opening, and the Senator Hancock Budget Forum. • ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:31:51 PM in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Dora Ramirez, Deputy City Clerk. Mayor ATTEST: Deputy City Clerk ~~~ DUBLIN CITY COUNCIL MINUTES 20 VOLUME 29 F ADJOURNED REGULAR MEETING ,9~ ~_~ ,~ JUNE 22, 2010 ~`~ ~~