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HomeMy WebLinkAbout4.01 Draft 03-15-2011 CC min DRAFT Off' Djl~~ MIN OF THE CITY OFF DUBOUN CIL ~ ~ ~ 19 ~ 8Z REGULAR MEETING -MARCH 15, 2011 ~`iLIFOR~~ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Pursuant to Section 54956.9(c) of the Government Code: 1 case A regular meeting of the Dublin City Council was held on Tuesday, March 15, 2011; in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05:56 PM, by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: Councilmember Hildenbrand PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 0 REGULAR MEETING n;~ MARCH 15, 2011 '`~~w~~ Gc~ s DRAFT ORAL COMMUNICATIONS "Our City is Green" Presentation to City Council from Dublin Elementary School Stn Grade Class 7:06:31 PM 3.1 (150-70) Mr. Hubbard's Stn grade class from Dublin Elementary presented the City Council with an art project entitled Our City is Green. Vm. Hart asked that an electronic version of the project be placed on the City's website and also consider it for a future cover of the Dublin Recreation Guide. The City Council accepted the art project and presented the class with a Certificate of Recognition. Public Comments 7:20:11 PM 3.2 Sonal Nuckols, Dublin resident, stated she had concerns about the City's pre-school program enrollment procedures. Mayor Sbranti requested Staff follow up with Ms. Nuckols. CONSENT CALENDAR 7:25:16 PM Items 4.1 through 4.8 On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote (Cm. Hildenbrand absent), the City Council took the following actions: Approved (4.1) Minutes of February 10, 2011 and February 26, 2011 and Regular Meeting of . March 1, 2011; DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 `,~oFD~ REGULAR MEETING 4i Y~? MARCH 15, 2011 Gc ~ ~ 1~ . DRAFT Adopted (4.2 720-40/600-30) RESOLUTION NO. 24 -11 AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT RENEWAL AND AMENDMENT WITH DELTA DENTAL OF CALIFORNIA Adopted (4.3 600-30) RESOLUTION NO. 25 -11 APPROVING AGREEMENT WITH PROVOX SYSTEMS, INC. FOR THE PURCHASE OF AGENDA.NET SOFTWARE Accepted (4.4 430-20) the Annual Progress Report on the Status of the Dublin General Plan and Housing Element Compliance for Calendar Year 2010; and directed Staff to forward the Annual Progress Report to the California State Office of Planning and Research and the California Department of Housing and Community Development. Adopted (4.5 600-35) RESOLUTION NO. 26 -11 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY-FUNDED REPAIR PROGRAM) and authorized Staff to advertise for bids for Contract No..11-02, Fiscal Year 2010-2011 Annual Sidewalk Safety Repair Program and Curb Ramp Installation. Authorized (4.6 600-35) the City Manager to approve Change Orders in an amount not to exceed $192,000; approved the Budget Change and an additional appropriation of $462,899; and upon approval of remaining Change Orders, authorized City Manager to accept the project. Adopted (4.7 600-60) RESOLUTION NO. 27 -11 APPROVING ASSIGNMENT AND ASSUMPTION OF DISPOSITION AGREEMENT AND SETTLEMENT AGREEMENT FOR THE ARROYO VISTA MARKET RATE-FOR-SALE HOUSING PROJECT DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 G`~gOFppB~y REGULAR MEETING n. ~ MARCH 15, 2011 ~'iLIFOR~~ /I DRAFT Approved (4.8 300-40) Check Issuance Reports and Electronic Funds Transfers. WRITTEN COMMUNICATIONS Valley Children's Museum Mobile Museum 7:25:34 PM 5.1 (215-10) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the City Council would consider a request from the Valley Children's Museum (VCM) to establish a presence in the Dublin community by locating and operating the VCM's Mobile Museum near the existing preschool building and children's play area at Emerald Glen Park. The Mobile Museum would be open to the public during the City's Farmer's Market. Vm. Hart asked what the net cost was to the City. Ms. Lowart stated it was very minimal. There was already an electrical connection to the site from the old building that had been located there. There would be the electrical cost associated with four hours of operation once a week and approximately $1,200 for five to six hours of City Attorney time. Rick Beaumont, Director of VCM, stated Ms. Lowart's overview was thorough and he would be happy to answer any questions. He hoped the City would support the requests. Janet Lockhart, VCM Board member, stated the museum had access to the mobile' museum for 5-1/2 years but had no where to put it. The group was serious about finding funds to build a permanent building for the museum in the City. Vm. Hart stated he was supportive and asked that. the City put anot-to-exceed amount on the agreement. City Manager Pattillo stated the amount associated with the agreement for now was estimated at $7,000. If the cost was higher than that, Staff would bring it back before the City Council for consideration. On motion of Vm. Hart, seconded by Mayor Sbranti and by unanimous vote (Cm. Hildenbrand absent), the City Council directed Staff to work with the City Attorney on development of a lease agreement for execution by the City Manager regarding the request of VCM to locate its Mobile Museum at Emerald Glen Park, with a cost not to exceed $7,500. l? PUBLIC HEARINGS -NONE DUBLIN CITY COUNCIL MINUTES 4 . VOLUME 30 `,fop REGULAR MEETING ni MARCH 15, 2011 Gc~ 5- DRAFT d-. UNFINISHED BUSINESS -NONE NEW BUSINESS TV30 Change in Funding Request 7:37:46 PM 8.1 (1050-50) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider repurposing grant funds received from Comcast from TV30 capital acquisition to TV30 operating expenses. Vm. Hart asked where the $65,277 would be coming from. Mr. Bradley stated the funds were currently in a Capital Improvement Program for TV30 Studio Improvements. That money could now be used for operational needs. Mayor Sbranti stated there would be more than enough money available for capital improvements. The overall revenue to the station was not an issue. TV30 would still be getting the franchise fee but it could only be used for capital expenses. Capital funds would be replenished. This $65,277 could now be used for operating costs. Vm. Hart asked if Staff was asking for funds to be reallocated from Capital Equipment to Operational funds, and an additional $4,723 in additional funds. City Manager Pattillo stated the item before the City Council today only involved the $65,277. Cm. Swalwell asked Mayor Sbranti for more information on what TV 30 was doing now. Mayor Sbranti stated if you looked at the operational side of TV30, there were some revenues increasing. This was not to become an ongoing process for the City. Without this, TV30 would only be able to televise meetings. There would be a capital budget that was fully loaded. On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote (Cm. Hildenbrand absent), the City Council approved the budget change. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 ~oe~~ REGULAR MEETING ni` ~ir MARCH 15, 2011 ~%1G~ RCS ~ ~3 DRAFT Report on Feasibility Study for Mandating Recycling Participation 7:47:07 PM 8.2 (810-60) Environmental Specialist Martha Aja presented the Staff Report and advised that a Fiscal Year 2010-2011 Goal and Objective directed Staff to explore the feasibility of an ordinance that would encourage existing and future commercial locations to provide recycling services. Such an ordinance would only apply to commercial businesses and multi-family complexes that had adequate enclosure space. Cm. Biddle asked how many complexes did not have adequate enclosure space for recycling: Ms. Aja stated only three complexes did not have recycling yet did have enough enclosure space. The City was also working on an enclosure ordinance to ensure that all future development did have adequate space for the different streams of waste and recycling. Cm. Hart asked why this was not recommended for businesses. Ms. Aja stated if there was an indifferent business that did not have the infrastructure in place and the custodial staff had not been instructed on keeping materials separate, solid waste could be put in the recycling bin and that would result in contamination, which in turn increased Amador Valley Industries' (AVI) cost to recycle. Vm. Hart asked if AVI had recycling equipment that they currently gave to businesses. Ms. Aja stated yes. Vm. Hart asked if AVI provided written information about that program. Ms. Aja stated AVI had quite a bit of educational information they distributed, but often times they ran into commercial businesses that were adamant against providing the service because it could lead to contamination issues which could increase their costs. Vm. Hart commented on pending mandatory State regulations. If the State enacted any, then the City would comply. He was trying to understand the difference between the two programs. Cm. Biddle stated generally the property owner provided AVI services and the tenants utilized the service. City Manager Pattillo replied in regard to multi-family dwellings, the answer was yes. Cm. Biddle asked if it was a similar process with businesses. The landlord provided the service and the tenants utilized it. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 `,~oF D~ REGULAR MEETING i~; ~ MARCH 15, 2011 ~4G7 R~~ ~ ~ i~ DRi4FT Ms. Aja stated it was the property owner that provided the service for tenant use. The majority of commercial businesses that currently did not provide recycling were the multi-tenant complexes. Those were the most challenging because the different levels of tenant participation could lead to contamination. Vm. Hart asked if there was any statistical data that supported the contamination claim. Mayor Sbranti asked how many commercial areas did not have the necessary enclosure space. Ms. Aja stated there might be three of four larger complexes, mainly the larger office complexes on the west side of the City. Mayor Sbranti stated the City Council was not discussing those tonight. Vm. Hart asked if the City had looked at the maximum potential for contamination for businesses. Did the City look at a minimal program for businesses? Mr. Bradley stated AVI performs at least two audits a day of commercial customers to make sure they have space and technical assistance to utilize recycling.. There were economic incentives to get involved in the program. One of the problems with commercial locations was there was a middle man between the generation of the waste and the disposal point. When cleaning companies got involved, it made it more difficult to run a recycling program. Cm. Biddle stated there was no incentive for the person to recycle at the commercial centers. Ms. Aja stated the business owner could provide education to the custodial staff regarding recycling. Assistant City Manager Chris Foss stated the only incentive was if the garbage bill decreased, the common area maintenance charge could conceivably also decrease. Mayor Sbranti asked, of the 29 residential complexes, the City was now only talking about three. Ms. Aja stated those three complexes had been approached by AVI. Some of them had put in recycling bins and had issues with contamination so decided to opt out of recycling. Mayor Sbranti asked what an enforcement mechanism would look like if an ordinance was adopted regarding mandatory commercial recycling. City Manager Pattillo there were no other cities with this program at this time. Commercial businesses had the ability to choose. But there was a clause built into the City's agreement with AVI regarding residential. On the commercial side, the City would be the first. DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 G~~oe n°~~m REGULAR MEETING n, ~ u. MARCH 15, 2011 ~~~R~ 1~ DRAFT Mayor Sbranti asked if Dublin would be the first city ever to adopt a mandatory ordinance on the residential side. Ms. Aja stated there were few cities in California (San Francisco, San Luis Obispo), Portland, Oregon and Seattle, Washington that had taking a different approach with mandatory recycling programs for both residential and commercial, requiring both to put recyclables in recycling bins. The City was taking a different approach saying the service had to be available for the residents or tenants to utilize. Dublin was the first City to take this approach. Mayor Sbranti stated on the commercial side, the City's overall diversion rate had increased significantly in recent years. What was the percentage of increase of recycling on the commercial side? Ms. Aja stated it had increase significantly. AVI would go into more of the details. Jesse Tieger, AVI Recycling Coordinator, detailed AVI's recycling outreach efforts, including waste audits. One item found during these audits was that most businesses were recycling little, if any, of their paper and only some of their bottles and cans. Cardboard was getting recycled. The main reason cited was the perception it was a hassle or it just took too much time. Most sites lacked indoor containers to efficiently separate recyclables from the trash. The cost of indoor recycling containers was prohibitive to most businesses. This was found in the first few years of research. Food waste was the area with the greatest potential of diversion. AVI developed comprehensive outreach campaigns targeting each segment of the commercial sector. They provided indoor complimentary recycling containers, and program rules. They then partnered with the City and local organizations, such as Stopwaste, to pay for the needed resources and equipment for targeting campaigns. They had covered almost every single business in Dublin through one of five campaigns. Cm. Swalwell asked for AVI's stand on a mandated recycling program for both multi-family complexes and commercial. IVIr. Tieger stated in terms of commercial, if you only located an outdoor bin and not an indoor bin, not only did people not use it, but it would get used for trash. Dozens of businesses had flat out refused to participate in the program. People abused the containers. In terms of residential, residents should have the opportunity to recycle. City Manager Pattillo clarified that there was recycling for residential, not to be confused with multi-family complexes. Cm. Biddle asked if the phrase in the proposed ordinance, "if space is available" could be removed. The three complexes that were left did have space available. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G~~OFDpB~~ REGULAR MEETING n. w MARCH 15, 2011 '1GIFOR~ ~ DRAFT Mr. Tieger stated if recycling containers were contaminated, from a hauler's perspective, it is unclear as to who was going to take on the burden of either paying for it to be dumped as trash or cleaning out the dumpster. That needed to be considered if this were to become a mandate. Vm. Hart discussed his experience of not being able to find a plastic bottle recycling receptacle at the theater at Hacienda Crossings. Did AVI have any statistical data that supports the statement that there could be contamination in the recycling if a mandatory program were implemented. Mr. Tieger stated he did not have statistical data. His reference was observations. Vm. Hart asked Mr. Tieger what would have to be done to get more commercial recycling. Mayor Sbranti stated there had been a pretty significant increase already. City Manager Pattillo stated she wanted to recognize the 2006 diversion rate was 12.9%. As of 2010, it was 23%. The discussion about a Dirty Materials Recovery Facility (MRF) had been one of the reasons the City had been engaging in AVI's discussion on their acquisition of a property in Livermore to start that. Mayor Sbranti asked what could be done to increase participation on the commercial side. Mr. Tieger stated they needed to finish the current campaigns. AVI's goal was to get every single business, whether it was multi-tenant commercial, individual businesses, etc., fully participating in the program. This goal meant being able to set up their workplace recycling program. City Manager Pattillo stated the City had built incentives in the franchise agreement with AVI to try to increase diversions and performance. It did matter to AVI. The dramatic increase in diversion rate over 2006-2010 did not take into consideration when the businesses contract with someone else to do their recycling. That was not included in this number and would make that number higher. Gordon Galvan, AVI representative, stated AVI cared about the diversion rate and its partnership with the City and community. They did care what the City did because they were the City's partner in this. There were good corporate citizens that would participate and those that did not want to participate. There was no magic fix. It was a continuous struggle and effort. to find the right formula and reduce it down to those few people who were not going to comply no matter what. Cm. Biddle stated the City was at different stages with the multi-family and the commercial. Fie was concerned about mandating things too early. The City was very close with the multi-family. The City was not there yet with the commercial side. Now the City could concentrate on the DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 G~~oe oUe~y REGULAR MEETING rn ~il? MARCH 15, 2011 ~'~LIFpR~l~ I~® DRAFT commercial aspect. The property owner was paying for the service and the tenant utilizing the service: There was not the incentive yet for the user as there was in the residential. Mayor Sbranti stated these three complexes had space and Cm. Biddle wanted to look at these multi-family complexes separate from commercial. Vm. Hart stated he also heard Cm. Biddle as wanting to deal with these as two separate issues. Cm. Swalwell stated he agreed with Cm. Biddle in working in phases, and continuing to work with the businesses trying to get the non-compliant ones to work through incentives or continuing to meet with them. The City could mandate this and this could disrupt the good work that was being done with recycling. Mayor Sbranti stated he definitely wanted to separate the two programs. On the residential side, everyone that had the desire to recycle should. On the commercial side, AVI could work with those businesses that were recycling but maybe not at the fullest capacity. That was where there was the most opportunity for. growth. He did not want to go to a mandated program for commercial at this time. There could be regulations that came down from the State in 2012. City Manager Pattillo stated that the State information would come out in the Spring of 2011 with adoption in January 2012. With the City and County of San Francisco and the City of San Luis Obispo, those programs had happened within the last year and a half. Vm. Hart stated he felt the City was falling short. He believed they should push the business community to provide a system where they recycled across the board. The only way to get past this was to move forward with a specific ordinance that would mandate a recycling program. Cm. Swalwell stated what he heard was there would have to be an enforcement mechanism. Otherwise it was not going to work. Vm. Hart stated there was a code enforcement officer that went out and looked for violations of ordinances. Businesses would not comply if it was only voluntary recycling. Mayor Sbranti stated he picked up on the contamination issue. From an environmental standpoint, you would potentially do more harm by adopting a mandated program where you ended up getting more trash in the recyclable bins, which was a cost for the business, AVI, the City and there were environmental implications. Also, there were physical limitations within these trash enclosures/areas. Cm. Biddle stated he had a hard time envisioning the enforcement process if they started mandating at this stage. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 G`~yOFDpe~~ REGULAR MEETING m ~ u. MARCH 15, 2011 ~'1G(FpR~~~ ~l DRAFT Vm. Hart asked that the City not pick apart the enforcement portion of the ordinance. The City Council should make it mandatory and then City Staff and AVI could get together to make sure it was implemented in such a way that worked for everyone involved. . City Manager Pattillo clarified that the policies established by the City Council over the years to which Code Enforcement responded was done on a complaint basis. City Staff would return to the City Council and ask how they would like the ordinance enforced. There was not enough staffing to check on everything. This was based on City Council policy. Vm. Hart stated he saw this as an opportunity. He did not see why the City could not require businesses to provide recycling receptacles. Cm. Swalwell stated, in theory, he agreed with Vm. Hart. But if he had to make the decision to pay someone to inspect the trash or respond to a call for service, whether police or fire, that was where the priorities should be. Vm. Hart stated that was not on the table right now. They were speaking tonight of policy direction -not costs and not implementation. Not anything other than a philosophical policy point. Mayor Sbranti asked if there would be a cost associated with this. City Manager Pattillo stated that based on the cursory look at San Francisco's policy, there was an enforcement component. It had to do with citing a violator three times, and then having a .non-pick up. One of the items mentioned by AVI, the Dirty MRF, would get the City what was not low hanging fruit. This was substantial. AVI and the City had been discussing this since the discussion of the franchise agreement. The Dirty MRF would be the marginal difference. AVI had just acquired that property. The Dirty MRF had made the difference as far as level of diversion from the landfill. That part had not yet been quantified. Vm. Hart asked the three City Councilmembers if they would like to see an ordinance that mandated business community recycling. The remaining three City Councilmembers did not concur with Vm. Hart's request. City Council directed Staff to develop a recycling ordinance that requires multi-family residential locations to provide recycling bins, omitting the wording "if there is adequate space in trash enclosure". DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 G`~o~oue~ REGULAR MEETING 19,~,C~,~,~ MARCH 15, 2011 ~ ~4GIFpRN~ l~~ 1.3 DRAFT . Environmental Recognition Program for Businesses 9:10:02 PM 8.3 (530-10) Environmental Technician Jordan Figueiredo presented the Staff Report and advised that as part of the Fiscal Year 2010-2011 Goals and Objectives Program, Staff was directed to research an environmental recognition program to implement for Dublin businesses. This recognition program would serve as a way to recognize those who were acting sustainably but could not meet every .requirement of the Alameda County Green Business program. Such a program would serve as a stepping stone, however, for those businesses to take more sustainable measures in the future and possibly become an Alameda County Certified Green Business in the future. Vm. Hart asked who would be certifying the businesses. Mr. Figueiredo stated the City would be doing the certification. City Manager Pattillo stated Staff wanted to see if the City Council wanted to buy in to the concept of a green business recognition program. It could be called Dublin Green. The City just became certified as a Green Business. The City wanted to do a more inclusive discussion as far as bringing people in, to come up with a program that was more attainable. On motion of Cm. Hart, seconded by Mayor Sbranti and by unanimous vote (Cm. Hildenbrand absent), the City Council directed Staff to proceed with development of a Dublin Green Business Recognition Program. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:20:21 PM Mayor Sbranti stated the Fallon Cheerleaders had won nationals in Anaheim, CA. Cm. Swalwell stated he attended the St. Patrick's Day Green and White Gala, the St. Patrick's Day Parade and Pancake Breakfast. He stated he would participate in the Fire Operations event this coming Saturday. Vm. Hart stated he attended an ACAP meeting and the St. Patrick's Day events. Cm. Biddle stated he attended the St. Patrick's Day events, the Alameda County Housing Authority meeting, and a Livermore Amador Valley Transit Authority Board meeting. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 30 G`~~OF D~ REGULAR MEETING i~, ~ MARCH 15, 2011 GGIFOR~~ ~ i~ DRAFT Mayor Sbranti stated he attended the St. Patrick's Day events and the Corned Beef Dinner. He mentioned the Mayor of Bray, Ireland visited for the St. Patrick's Festival and presented the City with a couple of gifts. The Alameda County Transportation Commission would be holding a transportation workshop next week. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:30:21 PM in memory of the victims of the earthquake and tsunami in Japan and the tsunami victim in the United States, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES 13 VOLUME 30 G`,~oFDUe~ REGULAR MEETING m ~i'? MARCH 15, 2011 Gtr~+oe~~