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HomeMy WebLinkAboutItem 4.01 Draft CC 02-19-2008 Min DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - February 19. 2008 CLOSED SESSION A closed session was called to order by Mayor Lockhart at 6:30 p.m. Present: Councilmembers Hildenbrand, Oravetz, Scholz, and Mayor Lockhart, Absent: Vice Mayor Sbranti 1. CLOSED SESSION - EXISTING LITIGATION Government Code Section 54956.9, subdivision a Name of Case: Arroyo Vista Tenants Association et al. v. City of Dublin et al. United States District Court, Northern District of California, Case No. C07- 05794 MHP II. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957, Title: City Manager .. A regular meeting of the Dublin City Council was held on Tuesday, February 19,2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 :00 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Scholz, and Mayor Lockhart. ABSENT: Vice Mayor Sbranti .. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 /\ DRAFT PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action had been taken and that Closed Session Item II will be heard at the conclusion of the meeting. .. ORAL COMMUNICATIONS Introduction of New Emplovee 7: p.m. 3.1 (700-10) Administrative Aide Jaime Martin, Community Development Department, was introduced and welcomed by the Mayor and Council. .. Recognition of Nominees for City of Dublin's 2007 Citizen and Y oun!! Citizen of the Year 7:05 p.m. 3.2 (610-50) Mayor Lockhart advised that the Citizen of the Year and Young Citizen of the Year nomination period had been extended to February 15,2008. She acknowledged the Nominees for 2007 Young Citizen of the Year, Lauren Banks, Terrance Van Tuyl, Asian Brown, Matthew Spring, Tanya Vucetic, and Nominees for 2007 Citizen of the Year, James Kohnen and Rich Guarienti and presented each nominee with a Certificate. The winner will be announced at the City's "Jazzed About Our Volunteers" event on Friday, February 22,2008 at the Dublin Senior Center. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT Reco!!nition of Nominees for 2007 Or!!anization of the Year 7:05 p.m. 3.3 (610-50) The Council recognized Nominees for 2007 Organization of the Year: Friends of the Dublin Library, General Federation of Women's Club DublinlDublin San Ramon Women's Club, and School of Imagination/Happy Talkers and commended the Nominees for their service to the community. Mayor Lockhart presented each nominee with a Certificate. The winner will be announced at the City's "Jazzed About Our Volunteers" event on Friday, February 22, 2008 at the Dublin Senior Center. .. Public Comments 7:10 p.m. 3.4 Lt. Col. John Cushman, presented an update on Camp Parks, including Global Med Exercise scheduled for the middle of June and invited the Councilmembers, Mayor and residents to an open house ceremony at Camp Parks on April 19, 2008. Cm. Hildenbrand requested the schools be notified of the Global Med Exercise. .. CONSENT CALENDAR 7:13 p.m. Items 4.1 through 4.12 On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, with Vice Mayor Sbranti absent, the Council took the following actions: Approved (4.1) Minutes of January 15, 2008 and Special Joint Meeting of January 31, 2008; DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT Adopted (4.2 660-60); ORDINANCE NO. 07-08 AMENDING CHAPTER 5.88 OF THE DUBLIN MUNICIPAL CODE RELATING TO DANGEROUS WEAPONS Adopted (4.3 660-60); ORDINANCE NO. 08-08 REPEALING CHAPTER 4.32 OF THE DUBLIN MUNICIPAL CODE RELATING TO PRIVATE PATROLS Approved (4.4 600-30) artist agreements with Tricia George, Margarita Soyfertis, and Colin Lambert & Peter Adams, and authorized the Mayor to execute the agreements. Adopted (4.5 600-30) RESOLUTION NO. 18-08 APPROVING AMENDMENT NO.2 TO THE CONSULTING SERVICES AGREEMENT WITH THE ZAHN GROUP, INC., FOR THE BUILDING MANAGEMENT STUDY Adopted (4.6 600-30) RESOLUTION NO. 19-08 APPROVING AMENDMENT #2 TO THE AGREEMENT WITH S&C ENGINEERS, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS PROJECT Adopted (4.7 600-35) RESOLUTION NO. 20-08 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY FUNDED REPAIR PROGRAM) DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT and authorized Staff to advertise for bids for the 2007-2008 Annual Sidewalk Safety Repair Program and Curb Ramp Installation; Adopted (4.8 600-50) RESOLUTION NO. 21-08 APPROVING AGREEMENT WITH METROPOLITAN TRANSPORTATION COMMISSION FOR REGIONAL SIGNAL TIMING PROGRAM (2008 CYCLE) Adopted (4.9 600-50) RESOLUTION NO. 22-08 APPROVING REVISED COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN (CITY) AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR DUBLIN BOULEV ARDIDOUGHERTY ROADSTORMWATERTREATMENT Authorized (4.10 600-35) Staff to solicit bids for Contract No. 08-02,2007-2008 Citywide Street Storm Drain Condition Assessment; Adopted (4.11 200-20) RESOLUTION NO. 23-08 APPROVING CONTINUATION OF EMERGENCY ALLOWING WAIVER OF COMPETITIVE BID PROCESS AND EMERGENCY CONTRACT FOR ENVIRONMENTAL REMEDIATION IN DUBLIN CIVIC CENTER Adopted (4.12 300-40) the Warrant Register dated February 19,2008 in the amount of $1,355,906.26. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT WRITTEN COMMUNICATIONS Letter from Association ofBav Area Governments re2ardin2 Universal Waste 7:15 p.m. (5.1 810-50) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider adopting a resolution indicating support for legislation that extends responsibility to the producers of materials that are banned from the State's landfills, and defined as "universal waste" (U- Waste), in bearing the financial cost of disposal management. The Producer Responsibility Resolution would send a signal that the City of Dublin cannot afford to finance the disposal of these waste streams, and seeks an understanding from producers that they bear some responsibility for the products they produce. Councilmembers spoke in support of legislation that extends responsibility to the producers of materials that are banned from landfills in bearing the financial cost of disposal management. On motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, with Vm. Sbranti absent, the Council adopted RESOLUTION NO. NO. 24- 08 EXTENDED PRODUCER RESPONSIBILITY SUPPORT .. Dublin Fine Arts Foundation (DFAF) - Art Takes Place Proiect Update 7:20 p.m. 5.2 (900-50) Heritage & Cultural Arts Supervisor John Hartnett presented the Staff Report and updated the City Council on the Art Takes Place Project and the Dublin Fine Arts Foundation Board request to ascertain the City of Dublin's interest in proceeding with the Bus Obscura Project independent of the Cities of Pleasant on and Livermore. Lynne Baer, Consultant for Dublin Fine Art Foundation, presented a power point defining the Bus Obscura Project and provided information on the Artist. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT Cm. Hildenbrand disclosed she is on the Dublin Fine Art. Foundation Board. Councilmembers in attendance and Mayor Lockhart spoke in support of her participation. Councilmembers spoke in support stating the project is unique and interesting and recommended availability of the Bus Obscura during Dublin Pride Week. They also encouraged student participation and recommended City of Dublin Organizations, City of Dublin Schools and City residents be given priority On motion of Cm. Oravetz, seconded by Cm. Scholz, and by unanimous vote, with Vm. Sbranti absent, the Council provided Staff direction to proceed with the Bus Obscura Project and notify Dublin Fine Arts Foundation of the City's intent. .. PUBLIC HEARINGS Consideration of Ordinance Amending Ordinance No. 06-07, Which Created the Dublin Ranch East Side Storm Drain Benefit District (which includes the Property within the City's Territorial Limits to the East of Dublin Ranch and Fallon Road) to Include an Interest Component in Accordance with the Subdivision Map Act 7:40 p.m. 6.1 (360-40) Mayor Lockhart opened the public hearing. Public Works Director Melissa Morton presented the Staff Report and advised that the developer of Dublin Ranch constructed drainage facilities that also benefited other property owners in the Eastern Dublin area. Ms. Morton advised that the City Council would consider adopting the proposed Ordinance to adjust the reimbursement amounts to include interest. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, with Vm. Sbranti absent, the Council waived the first reading and INTRODUCED Ordinance Amending Ordinance No. 06-07, which made findings, adopted a Local Drainage Plan, and created the Dublin Ranch East Side Storm Drain Benefit District, a Local Benefit District to Levy and collect charges, as a Condition of Development, to reimburse Developers who construct and install drainage facilities that benefit properties other than their own. .. Ordinance Implementing the Digital Infrastructure and Video Competition Act of 2006 by Adding Chapter 3.22 (Video Service Provided by State Franchise Holders) to the Municipal Code 7:45 p.m. 6.2 (660-60) Mayor Lockhart opened the public hearing. Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider adopting an ordinance adding a section to the Dublin Municipal Code to include a new franchising mechanism that applies to cable service providers which operate within the City under a State Franchise Agreement. The Council considered updating the fee schedule in support of Public, Education, and Governmental Programming facilities, reviewed customer service standards and penalties, and established auditing and reporting protocols required by the franchise holder. City Manager Richard Ambrose spoke on evaluating the acceptable use of the fee. Assistant City Attorney John Bakker responded to Council questions on availability of cabel channels. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with Vm. Sbranti absent, the Council waived the reading and INTRODUCED Ordinance DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT Adding Chapter 3.22 to the Dublin Municipal Code, Relating to Regulations for the Provision of Video Service by State Franchise Holders. Ordinance Amending Dublin Municipal Code (DMC) Chapter 4.12 Relating to Auctioneers and Secondhand Dealers 7:50 p.m. 6.3 (660-60) Mayor Lockhart opened the public hearing. Assistant City Attorney John Bakker presented the Staff Report and advised that this is the first reading of an Ordinance amending Chapter 4.12 of the DMC relating to Auctioneers and Secondhand dealers, including the substantive change to regulate all dealers of second hand goods. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, with Vm. Sbranti absent, the Council waived the reading and INTRODUCED Ordinance amending Chapter 4.12 of the Dublin Municipal Code relating to Auctioneers and Secondhand Dealers. .. UNFINISHED BUSINESS Funding Opportunities through the Station Area Planning Program Offered by the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) in Connection with Priority Development Areas (PDA) 7:53 p.m. 7.1 (470-30) Senior Planner Marnie Nuccio presented the Staff Report and advised that Staff was seeking the City Council's support for submission of a Planning Grant application through the Metropolitan Transportation Commission's Station Area Planning Grant program. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT She stated funding secured through the program would supplement the cost of preparing the new Downtown Dublin Specific Plan, including the preparation of an environmental document, and that funding was also being sought to supplement the cost of planning efforts for the Dublin Boulevard! Amador Plaza Road intersection improvements. Mayor Lockhart asked the amount of the Grant if the City is selected. Senior Planner Nuccio responded the City could receive a minimum of $100,000 and a maximum of $750,000 per grant, with a local match of 20% of the total project budget required that must be provided as a cash match. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with Vm. Sbranti absent, the Council directed Staff to proceed with an application for Planning grants for the new Downtown Specific Plan and a precise plan for the Dublin Boulevard/ Amador Plaza Road intersection improvements as part of the Metropolitan Transportation Commission's Station Area Planning Program. .. Resolution Amending and Restating the Rules for the Conduct of Meetings of the City Council to Prohibit Political Activities by Councilmembers during Council Meetings and Making Other Non-Substantive Changes to Conform to State Law; Resolution Prohibiting Political Activities by Councilmembers at the Civic Center and While Representin2 the City in an Official Capacity 7:55 p.m. 7.2 (610-20) Assistant City Attorney John Bakker presented the Staff Report and advised that the City Council would consider the adoption of two resolutions revising the rules for the conduct of meetings of City Council, including provisions to deal with the circumstances under which items not on the posted agenda can be considered at a council meeting, and the second resolution would prohibit Councilmembers from engaging in political activities at the Civic Center while representing the City in an official capacity. Vm. Sbranti arrived at 7:56 p.m. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT Mayor Lockhart requested clarification relating to political activities of guests and visitors at City Hall. Assistant City Attorney John Bakker responded on guests and visitors in a governmental capacity vs. a campaign capacity, stating guests would be prohibited from campaigning at the Civic Center. Councilmembers spoke in support of the proposed changes. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti, and by unanimous vote, the City Council adopted RESOLUTION NO. 25 - 08 AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL (REPLACING RESOLUTION NO. 156-01) and RESOLUTION NO. 26 - 08 PROHIBITING COUNCILMEMBERS FROM ENGAGING IN POLITICAL ACTIVITIES AT THE CIVIC CENTER AND WHILE REPRESENTING THE CITY IN AN OFFICIAL CAPACITY .. NEW BUSINESS Police Activities Lea2ue (PAL) Chapter Feasibility 8:05 p.m. 8.1 (580-40) Parks and Community Services Manager Paul McCreary presented the Staff Report and advised that the City Council established a medium priority objective to explore the feasibility of establishing a Police Activities League (PAL) chapter in Dublin. He stated Staff conducted an analysis and review of the California PAL organization and the DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT requirements for establishing a chapter. A power point was displayed on the overview of the California PAL Program, including formation, identification of needs that can be met by formation of the PAL Program and how needs are being met now. The presentation included provisions of Option 1 - Form a PAL Chapter, and Option 2 - Begin Fundraising for City Fee Assistance Program for Youth. Mr. McCreary concluded the presentation with the Parks and Community Services Commission recommendation to not form a PAL chapter at this time, but instead pursue Option 2 to secure funding for a youth fee assistance program. Mayor Lockhart and Councilmembers discussed the pros and cons of Option 1 and Option 2, including additional staffing levels, funding options, costs, a youth fee assistance program, access to existing youth services and providing a means for Police Services to refer at-risk youth of all economic abilities to existing programs as a crime prevention tool. Police Commissioner Thurman responded that in order to establish a viable PAL chapter, additional staffing would be required and that a sworn officer is preferable to make the connection with youth between the Police Department and the youth of the community, but that support staff could be non-sworn. Councilmembers spoke in support of the PAL Program, citing the cost of additional staff for the Police Services and Parks and Community Services Department as the number one barrier to participation. City Manager Richard Ambrose spoke on the on-going cost of additional staff, reminded the Council of the addition of two juvenile Police Officers, and recommended Staff bring the PAL proposal back as part of the budget workshop. Council consensus to direct Staff to review funding options and opportunities to offset the costs of the program and report back as part of the budget workshop .. 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) 8:30 p.m. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT City Manager Richard Ambrose announced the Volunteer Dinner to be held on Friday, February 22nd and the Tri-valley meeting in Danville on February 28th. Cm. Scholz stated she represented the City of Dublin at the Alameda County Library Advisory Commission and spoke on the Library's need for funding. She also attended the Dublin Pride Committee meeting and stated she is looking forward to attending the V olunteer Dinner this Friday. Cm. Hildenbrand reported on attending the League Dinner in San Leandro and spoke on concerns relating to the unfinished appearance of the BART Parking Garage. City Manager Richard Ambrose responded that Staff will follow-up with the County and report back. Mayor Lockhart responded she had contacted the County relating to the unfinished appearance of the BART Parking Garage and was told the structure will not be painted. She also spoke on Dougherty Valley development traffic concerns. Vm. Sbranti requested the time line for the Dougherty/Dublin Blvd. intersection. Public Works Director Melissa Morton responded the intersection will be completed this summer. She also spoke on the traffic analysis and costs for Tassajara/Scarlett Drive. Cm. Hildenbrand stated the Dougherty Valley and Tassajara Valley traffic through Dublin has a significant impact on residents. City Manager Richard Ambrose stated Staff will review the traffic issue but that the timing is uncertain and depends on when adequate funds will be available to complete the roads. Vm. Sbranti reported on the Audit Committee meeting, stating the City's fiscal position is still strong. He also announced the success of the Dublin High School Varsity Basketball Team. Mayor Lockhart spoke on a disappointing news article, citing the misinformation printed. She also announced she presided over her first wedding this weekend. She concluded her comments by asking the legal staff to review prohibiting weapons of any kind in the Council Chamber, other than those of sworn police officers. Assistant City Attorney John Bakker will report back. .. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008 DRAFT ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned in memory of our fallen troops at 8:50 p.m. to a closed session for Item II, Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager. Minutes prepared by Carolyn Parkinson, Interim City Clerk. Mayor ATTEST: City Clerk ~ DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING February 19, 2008