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HomeMy WebLinkAbout4.01 Draft CC 05-19-2009 MinI~ DRAFT Or' DU~~fG MINUTES OF THE CITY COUNCIL ,,~ OF THE CITY OF DUBLIN -~-~ sz 111 REGULAR MEETING -May 19, 2009 CLOSED SESSION A closed session was held at 6:31 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: Toll-Dublin, LLC v. City of Dublin, Alameda Superior Court Case No. RG 09448044 II. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney A regular meeting of the Dublin City Council was held on Tuesday, May 19, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 p.m., 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 28 REGULAR MEETING May 19, 2009 i ~ pF G~ /// 19 ~ ~ `82 \~~~~~% ~t~roc~~ . ~ : -, y a~ DRAFT REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ORAL COMMUNICATIONS 2009 Business Anniversary Awards 7:07 p.m. 3.1 (610-50) Assistant to the City Manager Linda Maurer presented the Staff Report and advised the City Council would receive a presentation from Staff to local businesses to recognize the significant anniversary milestones of 10, 20 and 30 years of doing business in Dublin. The City Council recognized those businesses that have been in Dublin for 10, 20 and 30 years. Mayor Sbranti presented the plaques to those businesses present, along with a photo with Council. Vice Mayor commented that it was wonderful that so many businesses had dedicated their time to our community. Even looking at the 10 year businesses, it was wonderful that these were long term businesses and we are watching our community grow and continue to thrive. Mayor Sbranti added that it was great that the City could honor those businesses that have given back to our City. Proclamation for National Older Americans Month 7:17 p.m. 3.2 (610-50) DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 `~oF~r,~t REGULAR MEETING 19;~~~~~ May 19, 2009 ~~ ~~,~oa~~ 3 ~ .._ DRAFT The City Council proclaimed the month of May as National Older Americans Month. Mayor Sbranti presented the proclamation to Ron Diedemar representing the Area Agency on Aging. Mr. Diedemar thanked the City Council for the proclamation on behalf of older Americans and the Area Agency on Aging and the Alameda County Commission on Aging. Public Comments 7:19 p.m. 3.3 Fred Norman, resident of Pleasanton, thanked the City Council for closing the meeting in memory of Sgt. Jim Jukich, Staff Sgt. Sean Diamond, and our fallen troops. Mr. Norman stated he was a member of Pleasantonians for Peace, and advocated for the organization and invited the City Council and anyone who wished, to join in their vigil, held every 2nd Wednesday of the month, to honor, and grieve all the fallen American troops that had died in Iraq and Afghanistan, and invited Dublin residents to participate. Mr. Norman stated this was not an anti-war demonstration, but a vigil. When troops died, they were often ignored. This organization was a way of keeping their memory alive. Tim Delaporte, Dublin Rotary representative, requested an agenda item be placed on the June 2 City Council meeting to have the City Council vote to either waive or reduce fees for permits to allow the Circus to take place in town. Mr. Delaporte noted the Dublin Rotary's non-profit status and how the Circus was a fundraising family event and the City Council should consider waiving or reducing the City fees imposed. Mayor Sbranti stated this item would be placed on the June 2 City Council meeting agenda. City Manager Pattillo added that the item would be placed on the June 2 City Council meeting agenda, but in order to move forward, a deposit would be needed in advance. The Circus was scheduled to be in Dublin on June S. Mayor Sbranti stated the Rotary Club should continue to work with City Staff. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 of ~, REGULAR MEETING 19;~~ May 19, 2009 `~~"~~%~ ~,~oa~ DRAFT Bob Tucknott, President of Dublin Rotary Club, stated the Rotary Club received internationally acclaimed awards for their contributions to the Dublin Community with programs such as scholarships for youth, student of the month in three different schools in Dublin, sponsors of a wood shop project at Dublin High School, honored teacher of the year, etc. The Circus was a major fundraiser for providing public benefit services to the Dublin community. Mr. Tucknott asked to consider reducing fees, and to look at covering the only cost to the City, which was Police Services. Cm. Hart asked what the interest was in holding the Circus in Dublin. Mr. Tucknott replied that it was previously held at Camp Parks. City Manager Pattillo stated the Circus had been held over 11 years ago. John Zukowski, Dublin resident, invited the City Council and the public to join the Dublin Rotary Club in a fundraising event, First Annual Top Chefs Grand Tasting Event, held on May 29t'', from 6:00 p.m. -10:00 p.m., located at the Wedgewood Banquet Center at the San Ramon Valley Golf Course. Proceeds from this event would benefit the Open Heart Kitchen, which provided meals to Tri-Valley residents. Please visit www.topchefs~randtasting.org for more information. CONSENT CALENDAR 7:31 p.m. Items 4.1 through 4.8 City Manager Pattillo noted corrections on draft minutes of April 7 and April 21, 2009. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meetings of March 17, 2009, April 7, 2009 and April 21, 2009. Adopted (4.2 600-35) DUBLIN CITY COUNCIL MINUTES 4 VOLUME 28 ~ REGULAR MEETING 19,E _~ } ~~ May 19, 2009 ~~~ ~/ DRAFT RESOLUTION NO. 57-09 AWARDING CONTRACT N0.09-03, DUBLIN SPORTS GROUNDS RENOVATION -SNACK BAR AND RESTROOMS REMODEL TO HOME LINE, INC., AS THE LOWEST RESPONSIBLE BIDDER TO HOME LINE, INC. Approved (4.3 600-30) the continuation of contracts with no rate increase for 4Leaf Inc., Precision Inspection Company, Inc., Shums Coda Associates Inc., and Bureau Veritas North America, Inc. for Building and Safety Services for the City of Dublin. Adopted (4.4 600-35) RESOLUTION NO. 58-09 AWARDING CONTRACT N0.09-05, SAN RAMON ROAD TRAIL IMPROVEMENTS - AC PATH REPAIR AND SEALING, TO UNION CITY CONSTRUCTION AS THE LOWEST RESPONSIBLE BIDDER Adopted (4.5 600-35) RESOLUTION NO. 59-09 AWARDING CONTRACT N0.09-07, 2008-2009 ANNUAL STREET OVERLAY PROGRAM TO DSS COMPANY DBA KNIFE RIVER CONSTRUCTION Adopted (4.6 600-35) RESOLUTION NO. 60-09 AWARDING CONTRACT N0.09-06, 2008-2009 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND CURB RAMP INSTALLATION TO MAXISTONE, INC., DBA MAXICRETE, INC. Adopted (4.7 600-35) RESOLUTION N0.61-09 DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~oF REGULAR MEETING ii~~~~sz May 19, 2009 ~\ '~ ~4lIFpR~~ " ~" DRAFT ACCEPTANCE OF WORK - CONTRACT N0.07-02, SHANNON COMMUNITY CENTER PROJECT Approved (4.8 300-40) the Warrant Register in the amount of $3,665,572.78. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Public Hearing An Ordinance Adding New Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking 7:33 p.m. 6.1 (560-80) Mayor Sbranti opened the public hearing. Commander Nice presented the Staff Report and advised that the City Council would adopt an Urgency Ordinance which would be effective immediately and aNon-Urgency Ordinance which would be adopted at a subsequent City Council meeting, which was anticipated to be June 2, 2009, and would become effective 30 days thereafter. The Non- Urgency Ordinance would supersede the Urgency Ordinance, and add Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code related to Underage Drinking to address the problem of underage drinking in the community. The ordinance would serve as an additional law enforcement option in response to gatherings at which minors illegally consumed alcohol. Cm. Hart asked for specification on an unsupervised gathering. What did that mean? Commander Nice stated in a case where there were minors. consuming alcohol and as was indicated in the ordinance, became a loud or unruly gathering, unsupervised indicated if there was or was not a parent present and responsible and also applied to a situation where there were minors having a party someplace. DUBLIN CITY COUNCILL MINUTES 6 VOLUME 28 ~~OF oUBii REGULAR MEETING ii~~~~s~ May 19, 2009 ~~ '~ 04G/FOR~~ DRAFT Cm. Hart asked if that it meant there was a parent present at the party or gathering and did nothing about an unruly situation or a parent was not present altogether. Commander Nice agreed that was his interpretation. Cm. Hart asked for clarification in a situation where police are contacted for which a loud and unruly conduct occurred, it in fact was a party, unsupervised, but in this case did not matter, and was in the garage. There was underage drinking occurring, by other evidence that was supported, but it had not been declared loud or unruly. Commander Nice stated if a police officer had driven by this scenario, what would qualify as an unruly gathering would be based on the ordinance, and the officer's observation. Cm. Hart clarified he wanted to be sure that the officers have the ability to enforce the ordinance. Mr. Bakker asked for clarification. Was the issue did this require a complaint? It would have to meet the definition of loud and unruly gathering in the various criteria established: excessive noise and traffic. If the officer observed anything that met the criteria, the ordinance could be used in that case. Cm. Hart indicated that in the case of an officer driving by, seeing kids in a garage .having drinks would not necessarily meet the criteria for a loud and unruly gathering. Cm. Hart stated he witnessed two men involved in questionable behavior across the street from his home, walk up the hill and were picked up by a vehicle. He noticed they had alcohol in their possession. He followed them in his vehicle and observed the home in which they went to drink. The gathering was neither loud or unruly. Cm Hart stated this point for clarification Mr. Bakker noted that example might meet the criteria under No. 8. "Any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare." Cm. Hart stated that he wanted to clearly define the opportunities for the officers to be aware of the sections so they were able to enforce the section, if necessary. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~~~~8 REGULAR MEETING i~~~~si May 19, 2009 \\ '~ /~ ~~,~oa~m `~~ "_ DRAFT Mr. Bakker noted that the Police Chief would probably concur, that you could cite the kids for underage drinking and various other violations of the penal code. This ordinance held the property owner responsible. Under what circumstances the City used this, the garage situation could have been more of an underage drinking issue as opposed to the Social Host Ordinance violation. Commander Nice stated this ordinance did not supersede State or local law. Minors could not have alcohol and the Police could choose to enforce that. That would be discretionary on the Officer's part. City Manager Pattillo added that, in her discussion with the Police Chief as it related to this proposed Ordinance, it would provide additional tools to the Officers to address these issues. As in all Ordinances, the City was trying to be proactive and have the necessary safeguards in place for the community. The City wanted to ensure that Officers had additional remedies to address an issue like this. Vm. Hildenbrand stated the idea was not about under age drinking or targeting the kids, it was targeting the parents or the adults who should be responsible for the kids. Accountability was the whole intent of a Social Host Ordinance. Cm. Hart stated that was his whole point of asking the question of "supervised" or "unsupervised", and asked what an Officer could do if there were not any parents present, and what benefit would this ordinance provide the Officer. City Manager Pattillo assured an extensive campaign to notify the community Cm. Hart noted that $100 fine seemed low and he would like the fine to be $500. Commander Nice responded that he believed that Pleasanton had a $500 fine. San Ramon had $250. The City's fine was based on the Municipal Ordinance infraction fines set at $100, $200, $500 within aone-year period. Cm. Hart stated that the $100 fine hardly seemed enough to cover an Officer's time. Mayor Sbranti added this was something that could be discussed. DUBLIN CITY COUNCIL MINUTES VOLUME 28 ~ oe D°~ REGULAR MEETING 19,~~~,~ May 19, 2009 `\ '~ %~ ~4GIFpR~~ s DRAFT Cm. Biddle commented on the proactive intent of this Ordinance. There was a provision that should a party become unruly, the responsible person could call for assistance and have individuals removed. It gave parents or the responsible party a tool to assist in managing the party. Mayor Sbranti stated the whole concept of reasonable steps was clearly defined, but wanted to follow up. If parents were out for the evening and returned home and there were kids drinking in the home and the parents called the police, would they be subject to the Social Host Ordinance as it was written? Commander Nice responded that based on the Mayor's example, they would not be subject to the Social Host Ordinance, if the parents had no concept of the situation. Mayor Sbranti stated that provided the parents acted proactively. Commander Nice stated that even if the neighbors called the police on this situation and the parents had no concept, then the Officer's approach would more than likely be to enforce State law. Mayor Sbranti agreed this made sense. Cm. Hart clarified that if the City Attorney and Chief of Police were comfortable with the wording "unsupervised", he was uncomfortable with this in terms of a potential concern in a court process or due process. Why did it not say supervised or unsupervised parties on private property or rented facility? Mr. Bakker added that he believed that this was a good comment. If you looked at the text of the Ordinance itself, it did not mention supervised or unsupervised at all. The Ordinance should read supervised or unsupervised parties in both forms of the Ordinance. Staff did not want to create confusion as to the Council's intent. Mayor Sbranti closed the public hearing. Cm. Hart requested a re-evaluation of the Ordinance in one year. Vm. Hildenbrand requested an information sheet regarding the Social Host Ordinance be created for appropriate distribution, informing parents and teenagers. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 of ~,8 REGULAR MEETING 19,~~~,~ May 19, 2009 ~~ '~ ~~~r~oR~ DRAFT City Manager Pattillo stated she would convey this campaign to the Dublin Unified School District Superintendent for distribution to appropriately aged students. It would also go to the business community through the City's Business Watch Program. No testimony was received by any member of the public relative to this issue. On motion of Cm. Hart, with the correction of "unsupervised or supervised parties", seconded by Cm. Biddle and by unanimous vote, the City Council adopted ORDINANCE N0.7-09 AN URGENCY ORDINANCE ADDING, CHAPTER 5.94, SOCIAL HOST ORDINANCE, TO THE DUBLIN MUNICIPAL CODE RELATING TO UNDERAGE DRINHING UNFINISHED BUSINESS Amendments to the Tri-Valley Transportation Council (TVTC) Joint Exercise of Powers Agreement (JEPA) 7:58 p.m. 7.1 (600-40) Public Works Director Melissa Morton presented the Staff Report and advised that this item would present amendments to the Tri-Valley Transportation Council (TVTC) Joint Exercise of Powers Agreement. The City Council would consider adopting a resolution supporting the proposed amendments and authorize the Dublin representative to the TVTC to endorse the amendments at the TVTC Public Hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 28 Gti~ pF DpB~ REGULAR MEETING 19,~~~,~ May 19, 2009 ~~ O'1L4apR~~ io `, ~.~ DRAFT On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 62-09 SUPPORTING AMENDMENTS TO THE TRI-VALLEY TRANSPORTATION COUNCIL JOINT EXERCISE OF POWERS AGREEMENT AND AUTHORIZING THE DUBLIN REPRESENTATIVE TO ENDORSE SAID AMNIENDMENTS AT THE TRI-VALLEY TRANSPORTATION COUNCIL PUBLIC HEARING Award of Bid -Contract No. 08-18, East & West Dublin BART Corridor Enhancements (CIP Nos. 96011 & 96012) 8:04 p.m. 7.2 (600-35) Public Works Director Melissa Morton presented the Staff Report and advised that the East & West Dublin BART Corridor Enhancement Project would enhance a variety of transportation modes, including pedestrian, transit and bicycle facilities located on Dublin Boulevard leading to the East and West Dublin BART Stations. Dublin Boulevard would receive new City entrance signs, bridge railing treatments, a gateway feature at the intersection of Dublin Boulevard and Dougherty Road, and City identity markers from Hansen Drive to Tassajara Road. The City Council would consider awarding this contract to the low bidder, Suarez and Munoz Construction, Inc. On motion of Cm. Scholz, seconded by Vice Mayor Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION N0.63-09 AWARDING CONTRACT N0.08-18 EAST & WEST DUBLIN BART CORRIDOR ENHANCEMENTS (CIP NOS. 96011 & 96012) TO SUAREZ & MUNOZ CONSTRUCTION, INC. AS THE LOWEST RESPONSIBLE BIDDER DUBLIN CITY COUNCIL MINUTES i i VOLUME 28 of ~ B REGULAR MEETING 19,~~~~~ May 19, 2009 ~~ '~ ~'~trr~oc~~ -~ ~ ; "'} ~r'~., ~ z,, ! DRAFT NEW BUSINESS Designation of Two Councilmembers as City Representatives to Discuss Compensation with City Attorney 8:09 p.m. 8.1 (610-30) City Manager Pattillo presented the Staff Report and advised that this item provided for two members of the City Council as the City's representatives to discuss terms of the City Attorney's contract, including compensation, with the City Attorney. Last year the designated Councilmembers were Mayor Sbranti and Cm. Scholz. Mayor Sbranti asked for volunteers to serve as representatives. Cm. Scholz and Cm. Hart volunteered to serve. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City Council designated Councilmembers Scholz and Hart as City representatives to discuss compensation with the City Attorney. Resolution Finding Severe Fiscal Hardship Will Exist From Potential State Property Tax Raid 8:15 p.m. 8.2 (330-80) City Manager Pattillo presented the Staff Report and advised that the City Council would consider a resolution determining that a severe fiscal hardship would exist if the Department of Finance recommendation to "borrow" $2 billion of local property taxes ($2.3 million from the City of Dublin) was supported by the Governor and the California Legislature. Mayor Sbranti asked for an update related to the outcome of this election at the June 2nd City Council meeting. DUBLIN CITY COUNCIL MINUTES VOLUME 28 o~`~oFD"8~ REGULAR MEETING 19,~~~~~ May 19, 2009 \\ ' %~ o~~~ 12 DRAFT City Manager Pattillo stated the City could discuss an update on the May 19, 2009 Election and the effects on the City of Dublin, with as much information as Staff was able to obtain, at the June 2, 2009 City Council meeting. The State's situation further complicated the City's ability in managing its resources. This would continue as part of the Budget Hearing discussion on June 23, 2009. Vm. Hildenbrand stated the measures voted on this evening provided little information to the public on how this would impact communities and schools. Mayor Sbranti stated this resolution was part of a larger strategy. These cuts were not necessarily automatic. The City could fight back. This was part of the first step in doing so, and thanked the Councilmembers who called the Governor's Office. Those calls did have an impact on our State Legislators and needed to continue. On motion of Vm. Hildenbrand, seconded by Cm Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 64-09 FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA Eastern Dublin Transit Center Traffic Impact Fee Reduction Study 8:20 P.M. 8.3 (390-20) City Engineer Mark Lander presented the Staff Report and advised that in adopting the 2009 Update of the Eastern Dublin Traffic Impact Fee, the City Council directed Staff to prepare a work plan to develop a fee reduction for the Eastern Dublin Transit Center for City Council review and possible implementation. Accordingly, the plan, including a schedule and costs, would be presented to the City Council for review and approval. City Manager Pattillo stated there was a letter missing from the Staff Report from the Alameda County Surplus Property Authority, indicating where the funds for this study would come from. DUBLIN CITY COUNCIL MINUTES i3 VOLUME 28 Gti~ OF D~~ REGULAR MEETING 19,~~~~~ May 19, 2009 ~~ '~ /~ ~tiFOe~'s ,; ~ r . ~., ~i DRAFT Mr. Pat Cashman, Director of the Alameda County Surplus Authority thanked the Council for their support on this resolution. He was confident that the study would be conducted fairly and the benefit was that the public did drive less when there is public transit. The developers and the Authority were prepared to fund this study and looked forward to the results. Mayor Sbranti commended Mr. Cashman for working with Staff, and Staff for putting together a new timetable to make this project happen. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION N0.65-09 RESOLUTION APPROVING WORK PLAN FOR EASTERN DUBLIN TRANSIT CENTER TRAFFIC IMPACT FEE REDUCTION STUDY AND AUTHORIZING STAFF TO COMPLETE STUDY 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) 8:25 p.m. City Manager Joni Pattillo stated Staff continued to work toward acquisition of Stimulus funds. Cm. Biddle stated he attended at the Bike to Work Day Event, and noted the success of the DPIE Art Auction and DPIE Theatre Awards Night. Cm. Hart requested Cm. Biddle attend Associated Communities Action Program meeting on his behalf. Cm. Scholz attended the East Bay Business Council meeting and the Elected Women's Luncheon at the Old Murray Schoolhouse. DUBLIN CITY COUNCIL MINUTES i4 VOLUME 28 G~~oF~e~ REGULAR MEETING 19,~~~~~ May 19, 2009 ~~ ~ %~ ~~,~~~ .-- < << ,- ;.t DRAFT Mayor Sbranti stated he attended the DPIE Arts Awards Program which raised funds for the schools, he also attended Congestion Management Agency with nothing to report, attended a Mayor's meeting in San Jose with Governor Schwarznegger. All in attendance used the opportunity to advocate the negative impact on borrowing from local government. He also attended the Regional Water Quality Control Board meeting with City Engineer Mark Lander, and noted modifications to their proposed storm water permit mandates, and the exorbitant costs ($2 million to the City alone) to comply. He also participated in Bike to Work Day, as well as the Tri-Valley Transportation Committee meeting. Vm. Hildenbrand suggested the City formally acknowledge exceptional School Sports/Band Recognition at the end of every season, or twice a year, as opposed to one at a time, how it has been typically done. Mayor Sbranti commented on the National 50 Million Pound Challenge presented at the Mayors Conference, and requested Staff look into what the City could do to promote a healthy lifestyle modeled after this weight loss challenge. Cm. Hart read a Sheriff Department memorandum regarding the passing of Sgt. Jim Jukich who passed on May 13, 2009. Sgt. Jukich was with the Alameda County Sheriff's Department for 26 years, and served the City of Dublin from 1989-1997. 8:45 p.m. Council went back to Closed Session. REPORT ON CLOSED SESSION Mayor Sbranti stated there was no reportable action taken during the Closed Session. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:52 p.m. in memory of Sgt. Jim Jukich, Staff Sgt. Sean Diamond and our fallen troops. DUBLIN CITY COUNCIL MINUTES is VOLUME 28 of ~8 REGULAR MEETING ~„~~ ,~ l`;. May 19, 2009 '\\~''~~//~ DRAFT Minutes prepared by Dora Ramirez, Deputy City Clerk. Mayor ATTEST: Deputy City Clerk -~~... DUBLIN CITY COUNCIL MINUTES i6 VOLUME 28 ~~o~ REGULAR MEETING l~f~~~~ May 19, 2009 ~~ ~~ ~, s