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HomeMy WebLinkAbout4.01 08-18-2009 Draft CC Mini~aa DRAFT ~I' DU~~~ MINUTES OF THE CITY COUNCIL `,~ OF THE CITY OF DUBLIN - -~ sz ~ l~ REGULAR MEETING -August 18, 2009 ~;~ ~ 1\ ~5~. CLOSED SESSION A closed session was held at 6:31 p.m., regarding: I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 6600 Golden Gate Drive, Dublin, CA 94568; APN No. 941-1500-046 Agency negotiators: Agency negotiator: Joni Pattillo, City Manager; John Bakker, City Attorney Negotiating parties: Union Bank, N. A. Under negotiation: Price and terms of payment. II. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: City of Dublin v. PKII Dublin Retail Center L.P. et al, Alameda County Superior Court, Case No. RG08390521 III. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S. District Court, Northern District of California, Case C 07-05794 MHP A regular meeting of the Dublin City Council was held on Tuesday, August 18, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:08 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: Councilmember Hart DUBLIN CITY COUNCIL MINUTES 1 VOLUME 28 ~oeDo REGULAR MEETING a,~~~a~ August 18, 2009 ~~ ~ %/ a~a~ DRAFT 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 that Closed Session would be continued at the end of the regular meeting. ORAL COMMUNICATIONS Acceptance of Gifts to City for Spring and Summer Special Events 7:08 p.m. 3.1 (150-70) Recreation Supervisor Rich Jochner presented the Staff Report and advised that the City Council would recognize the sponsors from several community events. The City had received $7,150 in monetary contributions. The City Council presented certificates of appreciation to the sponsors of the Family Sports Fest, Father's Day Picnic, Community Golf Tournament, Outdoor Movie Nights and Summer Concert Series. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council recognized the sponsors for their contributions and formally accepted the gifts. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 ~O~ DpR, REGULAR MEETING 19~~~~'-~'~y~~ August 18, 2009 ~\ '(-~ /% ~'iL/PC~R~~~ 3 ~~~ DRAFT Acceptance of Gift to City from MCE Corporation 7:16 p.m. 3.2 (150-70) Director of Public Works Melissa Morton presented the Staff Report and advised that MCE Corporation had donated 300 hours of labor to the City for maintenance purposes. The Staff Report presented a group of projects to be completed using the donated hours. Steve Loweree, Vice President of the Maintenance Division of the MCE Corporation, stated they were honored and privileged to be part of the Dublin community. The City Council thanked Mr. Loweree for the donation of hours by MCE. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council recognized MCE for their contribution and formally accepted the gift. Acceptance of Grant from the Target Corporation 7:19 p.m. 3.3 (150-70) Lt. Kurt Von Savoy of Dublin Police Services presented the Staff Report and advised that Dublin Police Services applied for and was awarded a grant from Target Corporation in the amount of $2,000 to implement the nationally acclaimed "radKIDS" program. Of the $2,000 total award, $1,000 would be used for the required training of the City's Community Safety Assistants to teach "radKIDS," and the remaining $1,000 towards the purchase of safety literature and materials. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council recognized Target Corporation for its contribution and formally accepted the gift. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 `~yOF DpR, REGULAR MEETING i~C,~~~~ August 18, 2009 \\ ' /~ c~,~~s ~r ~aa DRAFT Public Comments 7:26 p.m. 3.4 No comments were made by any member of the public at this time. CONSENT CALENDAR 7:26 p.m. Items 4.1 through 4.6 On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote (Cm. Hart absent), the City Council took the following actions: Approved (4.1) Minutes of June 16, 2009; Received (4.2 320-30) City Treasurer's Investment Report for 4th Quarter 2008-2009; Adopted (4.3 600-60) RESOLUTION NO. 117 - 09 APPROVING THE IMPROVEMENT AGREEMENT FOR PARCEL MAP 8275, PHASE 2 IMPROVEMENTS Adopted (4.4 600-30) RESOLUTION NO. 118 - 09 APPROVING A MASTER AGREEMENT FOR SERVICES BETWEEN THE CITY OF DUBLIN AND THE TRI-VALLEY HOUSING OPPORTUNITY CENTER DUBLIN CITY COUNCIL MINUTES a VOLUME 28 `~oF~, REGULAR MEETING a, ~* August 18, 2009 ~\~'~~/~ dGIFpR~~ 5~aa DRAFT Authorized (4.5 600-30) the Contract Administrator to direct Kimley-Horn and Associates, Inc., to provide consulting services for the Strategic Expenditure Plan Update for an amount not to exceed $49,770; and approved a budget change for Fiscal Year 2008- 2009 and for Fiscal Year 2009-2010. Approved (4.6 300-40) the Warrant Register in the amount of $4,215,482.67. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Arroyo Vista -Environmental Impact Report, General Plan Amendment, Planned Development Rezone with a Stage 1/Stage 2 Development Plan and Resolution Waiving Certain Provisions of Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) of the Zoning Ordinance, PA 07-028 7:27 p.m. 6.1 (400-20/420-30/450-30) Mayor Sbranti opened the public hearing. Senior Planner Erica Fraser presented the Staff Report and advised that the proposed Arroyo Vista residential development would be a community of 378 residential units comprised of 198 market rate and 180 affordable units, a community building, and a daycare. The market rate component of the project would include 198 for-sale dwelling units, including 141 attached and 57 detached dwellings. Up to 14 of the for-sale units would be affordable dwellings. The affordable portion of the project would include 130 affordable family apartments and 50 affordable senior apartments. Linda Mandolini, Eden Housing Executive Director, thanked City Staff for working with Eden and Citation Homes. This development was one of the best they had worked on. They were available for any questions. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~oF~r,~ REGULAR MEETING i~~~~s~z August 18, 2009 ~~ ' r~~~~~ DRAFT ~ ~ as On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council waived the reading and introduced an Ordinance Approving a PD-Planned Development Rezone and a Related Stage 1/Stage 2 Development Plan for Arroyo Vista Located at 6700 Dougherty Road (APN 941-0007- 001-07), PA 07-028 and continued the matter to the City Council Meeting of September 1, 2009, as requested by the applicant. UNFINISHED BUSINESS Dublin Transit Center Public Art Proiect 7:38 p.m. 7.1 (600-30) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council would receive an update on the Transit Center Public Art project including a recommendation to approve the selection of artist Cliff Garten for the project and to authorize the artist to create artwork designs for the two art locations. Chandra Shannon, Art Consultant, presented information on the artwork locations and background information on Cliff Garten. The City Council and Staff discussed why the City's usual procedure for selection of art was not followed in this case, in particular, not including more community input. The City Council directed Staff to return with written guidelines as to future art project selection procedures. Community input was to be a major part of this art selection, as well as future projects, and should be included in the written selection procedures. City Manager Pattillo confirmed that the City Council wanted Staff to discuss the process with the Heritage and Cultural Arts Commission (HCAC) and return with a report to the City Council. Staff would work to develop a process with the HCAC and bring it back to the City Council for consideration. She also stated that these art projects were funded by monies dedicated specifically for art. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 28 ~~a~~~ REGULAR MEETING 19;~~~~~ August 18, 2009 ~~ ~~~~o~~s 7 z~aa DRAFT On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Hart absent), the City Council received the presentation from art consultant, and authorized Staff to enter into an agreement with the artist Cliff Garten to proceed with conceptual designs for a stipend of $10,000. Proposed Modification to Procedures for Use of Candles and Open Flame Devices and Fog Machines at City Rental Facilities 8 :18 p.m. 7.2 (200-10/210-10/220-10/240-10/295-10) Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council would consider proposed modifications to the Community Meeting and Banquet Facility Use Policy regarding the use of candles, open flame devices and fog machines to allow the use of small candles on cakes at City facilities. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council adopted RESOLUTION NO. 119 - 09 MODIFYING THE COMMUNITY MEETING AND BANQUET FACILITY USE POLICY REGARDING THE USE OF CANDLES, OPEN FLAME DEVICES AND FOG MACHINES DURING RENTAL USE OF THE DUBLIN CIVIC CENTER, DUBLIN LIBRARY COMMUNITY ROOM, DUBLIN SENIOR CENTER, OLD ST. RAYMOND'S CHURCH, AND SHANNON COMMUNITY CENTER NEW BUSINESS Presentation on the Alameda Countywide Homeless Count 2009 8:22 p.m. 8.1 (520-40) Housing Specialist John Lucero presented the Staff Report and advised that the City Council would receive a presentation on the Alameda Countywide Homeless Count 2009. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ti~~~~Dp~ REGULAR MEETING ~~~~"~ August 18, 2009 ~\ ~j G~I~R~~° ~~ ~a DRAFT Elaine DeColigne, Director of Everyone Home, made a presentation on data findings from the 2009 Homeless Count. The Count pointed out that Everyone Home strategies were very effective in reducing Literally homeless. The recession had caused a spike in what was called the Hidden homeless. The Count was conducted on January 26, 2009, by 200 volunteers. Since 2007, Literally Homeless (persons living in shelters, transitional housing, on the streets or other places not meant for human habitation) decreased by 10%. The most dramatic reductions were since the launch of the Everyone Home Plan to end homelessness, which was launched in early 2007. Chronically Homeless (unaccompanied adults with a disability who had been homeless for a year or more, or four or more times in the last three years) numbers had decreased by 18% since 2007; the Hidden Homeless (lived in hotels or motels, were seven days from eviction, living with friends or family on a temporary basis with no resources to find their own housing) numbers were up by 168% since 2003. The reason for the increase was the recession. Future efforts included new federal resources. Cm. Scholz asked how a date was selected for the Count. Ms. DeColigne stated the federal government required that they pick a night in the last week of January. Cm. Biddle asked what could be expected in the next Count if the recession continued. Ms. DeColigne stated that the numbers might go up, but with the homeless prevention and rapid re-housing dollars the program had, it meant the people impacted by the recession would not end up in the shelter system for very long. The City Council received the presentation. Update of Comprehensive Emergency Management Plan (CEMP) 8:22 p.m. 8.2 (520-30) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider adopting proposed amendments to the Comprehensive Emergency Management Plan. The amendments would add additional language to the DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~ oe ~~ REGULAR MEETING i;~(~~~~ August 18, 2009 ~~ ~`~IIbR~~~ ~. DRAFT plan to state that the City utilized and was compliant with national emergency management protocols. Additionally, improved direction for operating emergency shelters was included, along with additional information for Staff on how to manage emergency operations as a result of a man-made disaster. The final proposed items focused upon assessing landslide hazards and clarifying terms associated with the plan and the field of emergency management. Vm. Hildenbrand stated she appreciated that the City had included pets in the emergency plan. Was the County working on anything for a large scale sheltering of pets? Mr. Bradley stated yes, the County was working on that. Vm. Hildenbrand asked if the City could tap into that County resource. Mr. Bradley stated it was being managed in a regional manner. Cm. Biddle asked what were the City's limitations for building on slopes to prevent landslides. Community Development Director Jeri Ram stated that before building any development projects, it would go through the environmental review process. At that point, it would be determined if there were any landslide or possible geological hazards. They are mitigated before development. Mayor Sbranti stated in regard to pets, during the gas spill in Dublin, residents were allowed to go back and get pets. In a different disaster, that might not be the case. The City might consider an immediate measure for evacuating pets. There was also a need to set up a separate area in the shelter for those citizens that were ill from the rest of the citizens. In regard to food and emergency supplies in a major disaster, were there provisions for storage of these items within the City. Mr. Bradley stated that in a major incident, the City would work with local retailers to acquire those supplies. City Manager Pattillo stated Staff was working on those relationships, perhaps in the form of purchase orders with vendors. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 `~OFDp~ REGULAR MEETING 1;~~~~~ August 18, 2009 `~ ~c~FOCZ~'s Icy ~.., ~ DRAFT Mayor Sbranti agreed it was better to have those providers set up before an emergency occurred. Vm. Hildenbrand stated some schools were in the process of storing water, blankets, and cots. The City could check with the City's School District to see what supplies the City might be able to tap into. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council received the report and adopted the proposed additions to the City of Dublin's Comprehensive Emergency Management Plan. 2009 Day on the Glen Update 9:02 p.m. 8.3 (950-40) Recreation Coordinator Lorri Polon presented the Staff Report and advised that the City Council would receive an update on plans for the 2009 Day on the Glen Festival and would be asked to set ongoing annual dates for the festival on the weekend after Labor Day. The City Council directed Staff to consider more evening events for Day on the Glen 2010. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Hart absent), the City Council approved the designation of the Day on the Glen Festival to take place annually on the weekend following Labor Day. 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) 9:12 p.m. Cm. Biddle stated he had toured the Lawrence Livermore Lab. He attended the Mayor's Breakfast at the Chamber, National Night Out, and a meeting at Las Positas Community College for their Leadership Day. Cm. Scholz stated she attended the tour at the Lawrence Livermore Lab, the Mayor's Breakfast, the Broker's Roundtable; she would be attending the League of Cities Conference in San Jose. DUBLIN CITY COUNCIL MINUTES io VOLUME 28 ~~OF Dp~ REGULAR MEETING ,,; ~ ;~ August 18, 2009 ~~~~~ `~11bR~ 11 ~ as DRAFT Vm. Hildenbrand stated she had attended the tour of the Lawrence Livermore Lab. Mayor Sbranti stated he had attended the previously mentioned events, and the Hunter Club Bar-B-Que, the Chamber Bar-B-Que, and the East Bay Economic Development Alliance meeting where they discussed the economic development of the East Bay and the State. 9:18 p.m. The City Council reconvened to Closed Session. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:37 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES i i VOLUME 28 `woe REGULAR MEETING 19, , ~ ~~ August 18, 2009 ~~~ ~c