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HomeMy WebLinkAbout4.01 Draft 05-15-2012 Sp & Regular Minutes STAFF REPORT CITY CLERK File # 610-10 CITY COUNCIL DATE:June 5, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Minutes of the Special City Council Meeting of May 15, 2012 and the Regular City Council Meeting of May 15, 2012 Prepared by Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: The City Council will consider the approval of the minutes of the Special City Council meeting of May 15, 2012, and the Regular City Council meeting of May 15, 2012. FINANCIAL IMPACT: None. RECOMMENDATION: Approve the minutes of the Special City Council meeting of May 15, 2012, and the Regular City Council meeting of May 15, 2012. Submitted By Reviewed By City Clerk Assistant City Manager DESCRIPTION: The City Council will consider the approval of the minutes of the Special City Council meeting of May 15, 2012, and the Regular City Council meeting of May 15, 2012. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the Special City Council Meeting of May 15, 2012 2. Draft Minutes of the Regular City Council Meeting of May 15, 2012 ITEM NO. 4.1 Page 1 of 1 DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN SPECIAL MEETING – MAY 15, 2012 A special meeting of the Dublin City Council was held on Tuesday, May 15, 2012 in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:03:18 PM p.m., by Mayor Sbranti. 1. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, 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. 2. Public Comments No comments were made by any member of the public at this time. 3. Community Facilities Districts Samuel Sperry, Meyers Nave, presented informational materials and advised that he would provide the City Council with an educational presentation on Community Facilities Districts. The presentation is being provided in anticipation of a request by a developer to consider a Community Facility District (CFD) for the Dublin Crossings project. Cm. Swalwell asked if an eminent domain payment is financeable. Mr. Sperry replied that it is permissible. He clarified that it is the City who is exercising the power of eminent domain, not the CFD. Mayor Sbranti asked if park maintenance is included as an eligible service under the Mello-Roos Act. Mr. Sperry replied yes. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 31 SPECIAL MEETING MAY 15, 2012 DRAFT Mayor Sbranti clarified with Mr. Sperry that a common contract arrangement is for the developer to complete the construction of facilities before bonds are issued. Vm. Hart asked for clarification regarding the difference between a CFD bond and a regular bond. Mr. Sperry replied that bonds issued under a Certificate of Participation (COP) obligate the City directly to pay out the bonds from the General Fund. He stated that bonds issued under CFDs come out of reserves from the special tax or from initial proceeds, not from the City’s General Fund. Vm. Hart asked why a City would want to approve a CFD. Mr. Sperry replied that, if a City approves a CFD, they have come to the conclusion that there is some valid public purpose being served by extending the accommodation of this financing mechanism to the developer. He further stated that it is up the policy makers to identify that valid public purpose. Mr. Sperry further stated that the City could benefit from the transaction somehow, whether by obtaining a new community facility or some other benefit, that would not have been possible had the developer financed the project privately. Vm. Hart and Mr. Sperry clarified that landowners within the CFD will be directly responsible for paying the tax associated with their property. Mr. Sperry clarified that the tax obligation goes with the piece of property located within the CFD. He reiterated that the City would be approving a boundary map to identify the taxable boundary. Cm. Biddle asked the City Managerif this would be the first CFD project in the history of the City of Dublin should City Council decide to move forward. The City Manager answered Yes. Cm. Biddle clarified with Mr. Sperry that the City should not subsidize the process of the project. Mr. Sperry stated that the City could identify some community benefit that City can be responsible for financially, but any other costs in administering and establishing the CFD should be paid for up front by the Developer and then later built into the CFD. Cm. Biddle asked what risks exist in having a CFD. Mr. Sperry stated that if taxes are not paid in full, bonds will go into default and the project can be stalled. Cm. Biddle clarified with Mr. Sperry that a crucial part of the CFD process is to develop and implement a clear and confident development and financial plan. Cm. Biddle asked who would vote in the Election process of the CFD. Mr. Sperry clarified that if there are less than 12 registered voting landowners within the proposed boundary, the landowners would vote. Mayor Sbranti asked for a rough estimate of the tax amount that CFD property owners would be responsible for. Mr. Sperry replied that a meaningful statement could not be made without knowing the base property tax and what principal amount of bonds are to be issued. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 31 SPECIAL MEETING MAY 15, 2012 DRAFT Mr. Sperry stated that, every year, the City would take the amount of bond debt service to be paid to bond holders, and then add the City administrative cost for services provided. He stated that a Special Tax Requirement budget would be created for the coming year and that amount of money would be allocated to each of the taxable parcels in the manner dictated by the Special Tax Formula, with a cap on the maximum. Mayor Sbranti asked how a CFD is similar to and different from a regular assessment district. Mr. Sperry stated that they are similar in the sense that they are funding services. He stated that they are different in the sense that no public hearing is held in regards to the tax amount for a CFD. The tax formula is established once at the creation of the CFD and is utilized throughout the life of the CFD. Mayor Sbranti asked how CFDs have worked in other cities. Mr. Sperry replied that, for the most part, CFDs have proved successful in other cities and counties such as Sacramento and Placer. Mayor Sbranti asked how a CFD differs from Infrastructure Financing District (IFD). Mr. Sperry replied that IFDs are not workable right now as they require approval from every single tax entity involved. th City Manager Pattillo stated that there will be a Study Session on May 29, in which the CFD will be a cornerstone for the Dublin Crossing project, to see if it something the City Council wants to pursue or not. She stated that Staff will bring back the discussion points that have developed between the developer and Staff. Mayor Sbranti stated that he would like to have a better sense of the numbers regarding the property tax bill. He stated that he would like to understand what the benefits are to the City and how is a CFD beneficial over traditional infrastructure financing. Cm. Biddle asked that an update of the Dublin Crossings project be provided at the Study Session. 4. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 7:03:36 PM p.m. in memory of Staff Sgt Sean Diamond and our fallen troops. Minutes prepared by Taryn Bozzo, Secretary. _________________________________ DUBLIN CITY COUNCIL MINUTES 3 VOLUME 31 SPECIAL MEETING MAY 15, 2012 DRAFT Mayor ATTEST: ___________________________ City Clerk DUBLIN CITY COUNCIL MINUTES 4 VOLUME 31 SPECIAL MEETING MAY 15, 2012 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – May 15, 2012 A regular meeting of the Dublin City Council was held on Tuesday, May 15, 2012, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:10 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, 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. ORAL COMMUNICATIONS Final Results for the Elementary School Recycling Contest 7:03 PM 3.1 The City Council presented certificates of recognition to Dougherty Elementary, Murray Elementary and Frederiksen Elementary Schools for their recycling efforts. Certificates of Recognition - Dublin High School and Fallon Middle School Cheer Squads 7:20 PM 3.2 The City Council presented Certificates of Recognition to the Dublin High School Cheer Squad and Fallon Middle School Cheer Squad. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 31 REGULAR MEETING May 15, 2012 Report on 2012 Dublin Pride Week Activities 7:35 p.m. 3.3 The City Council received the 2012 Dublin Pride Week activities report, recognized the sponsors and the poster and essay contest winners. Youth Advisory Committee Appointments 7:57 p.m. 3.4 On motion of Cm. Hildenbrand, seconded by Vm. Hart and by unanimous vote, the City Council confirmed the Mayor’s appointments to the Youth Advisory Committee. 2012 Business Anniversary Awards 8:03 p.m. 3.5 The City Council recognized those businesses that have been in Dublin 20, 25, 30, 35, 40, and 45 years. National Public Works Week 8:28 p.m. 3.6 The City Council presented the “National Public Works Week” proclamation to the Public Works Department. Proclamation – Axis Community Health 8:34 p.m. 3.7 The City Council presented the proclamation to Axis Community Health. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 31 REGULAR MEETING May 15, 2012 Public Comments 8:40 p.m. 3.8 No comments were made by any member of the public at this time. CONSENT CALENDAR 8:41.p.m. Items 4.1 through 4.8 On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of May 1, 2012. Approved (4.2) the Check Issuance report. Adopted (4.3) RESOLUTION NO. 62 – 12 AUTHORIZING THE PURCHASE OF RECORDS ARCHIVING EQUIPMENT AND SERVICES FROM ECS IMAGING, INC. Adopted (4.4) ORDINANCE NO. 8 – 12 AMENDING THE DUBLIN TRAFFIC CODE TO ESTABLISH A NEW SPEED LIMIT ON PORTIONS OF DUBLIN BOULEVARD (SCHAEFER RANCH ROAD TO INSPIRATION DRIVE), SCHAEFER RANCH ROAD (DUBLIN BOULEVARD TO CITY LIMIT), FALLON ROAD (SIGNAL HILL DRIVE TO TASSAJARA ROAD), AND POSITANO PARKWAY (FALLON ROAD TO LA STRADA DRIVE) Adopted (4.5) RESOLUTION NO. 63 – 12 ACCEPTING IMPROVEMENTS TO PARK LIGHTING REPLACEMENT, CONTRACT NO. 11-11 DUBLIN CITY COUNCIL MINUTES 3 VOLUME 31 REGULAR MEETING May 15, 2012 and authorized Staff to accept a maintenance bond in the amount of $20,045 and release the final retention within 35 days provided there were no claims. Received (4.6) the Quarterly Investment report. 8:47 p.m. Mayor Sbranti stated the Closed Session item at been cancelled. WRITTEN COMMUNICATIONS – None. PUBLIC HEARINGS – None. UNFINISHED BUSINESS Dublin Library Food and Beverage Service Study 8:47 p.m. 7.1 By consensus, the City Council directed Staff to discuss options with the Dublin Unified School District, the Tri-Valley ROP and Las Positas Community College, in terms of catering and marketing. Staff was also directed to investigate the possibility of a food cart. Authorization to Explore Possible Financing of Energy Saving Projects including a Lease Purchase Arrangement 9:16 p.m. 7.2 On motion of Cm. Biddle, seconded by Cm. Hildenbrand and by unanimous vote, the City Council authorized the City Manager to execute a non-binding rate lock for lease purchase financing of energy saving projects as described in the report. The final approval shall be subject to City Council approval. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 31 REGULAR MEETING May 15, 2012 NEW BUSINESS Consideration of Eliminating the Development Agreement Requirement from the Eastern Dublin Specific Plan 9:24 p.m. 8.1 By consensus, the City Council directed Staff to prepare and present, to the Planning Commission and City Council, an amendment to the Eastern Dublin Specific Plan that eliminates the requirement that applicants for development enter into a mutually acceptable development agreement with the City. Staff was also directed to move forward to meet with the development community, synthesize results of the meeting and return to the City Council with a matrix that confirms that the City’s interests are protected. Village Parkway Pilot Parking Program 9:42 p.m. 8.2 By consensus, the City Council directed Staff to return with a Staff Report to amend the Zoning Ordinance to temporarily suspend the parking standards in a portion of the Village Parkway District for a limited term of three years. Designation of Two Councilmembers as City Representatives to Discuss Compensation with City Attorney 10:02 p.m. 8.3 On motion of Mayor Sbranti, seconded by Cm. Hildenbrand by unanimous vote, the City Council appointed Vm. Hart and Cm. Biddle as City representatives to discuss compensation with the City Attorney. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 31 REGULAR MEETING May 15, 2012 East Bay Economic Development Alliance’s “Open for Business” Pledge 10:04 p.m. On motion of Cm. Biddle, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 64 – 12 EAST BAY EDA’S “OPEN FOR BUSINESS” PLEDGE OTHER BUSINESS 10:08 p.m. Brief information only reports from City Council and/or Staff, including Committee Reports and Reports by City Council related to meetings attended at City expense (AB 1234). Vm. Hart stated, “I had previously recused myself from making and participating in making any decisions in which Discovery Builders is directly involved because my wife and I were in negotiations with Discovery Builders to potentially purchase property in Schaefer Ranch. My wife and I are no longer negotiating with Discovery Builders. Therefore, it is no longer necessary for me to recuse myself from making and participating in making decisions involving Discovery Builders, and I intend to participate in future decisions involving Discovery Builders. I would ask the City Clerk to include my statement in the minutes.” Mayor Sbranti asked that Staff follow-up with BART regarding parking at both Dublin BART stations. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 10:24 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. _________________________________ Mayor ATTEST: ___________________________ DUBLIN CITY COUNCIL MINUTES 6 VOLUME 31 REGULAR MEETING May 15, 2012 City Clerk DUBLIN CITY COUNCIL MINUTES 7 VOLUME 31 REGULAR MEETING May 15, 2012