HomeMy WebLinkAboutItem 4.01 Draft 05-15-2012 Sp &
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.
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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.
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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.
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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.
_________________________________
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DRAFT
Mayor
ATTEST: ___________________________
City Clerk
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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.
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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.
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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
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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.
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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.
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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: ___________________________
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City Clerk
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