HomeMy WebLinkAbout4.01 09-01-2009 Draft CC MinDRAFT
~OI' DU~~~ MINUTES OF THE CITY COUNCIL
,`, OF THE CITY OF DUBLIN
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~ /~ REGULAR MEETING -September 1, 2009
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CLOSED SESSION
A closed session was held at 6:30 p.m., regarding:
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I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code section 54957)
Title: City Attorney
II. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section
54957.6)
Agency Designated Representatives: Councilmembers Hart and Scholz
Unrepresented Employee: City Attorney
A regular meeting of the Dublin City Council was held on Tuesday, September 1, 2009, in
the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:00 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 1
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Mayor Sbranti announced that Item 6.1, Appeal of Planning Commission's Approval of
The Promenade, would be heard at the end of the regular meeting due to continuing
conversations between the appellant and the applicant involved with the item.
REPORT ON CLOSED SESSION ACTION
Mayor Sbranti stated there was no reportable action during Closed Session.
ORAL COMMUNICATIONS
Acceptance of Gifts to City for Senior Center
7:03 p.m. 3.1 (150-70)
Assistant Director of Parks and Community Services Paul McCreary presented the Staff
Report and advised that the City Council would recognize the groups and individuals that
made monetary contributions to the Dublin Senior Center.
On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City
Council accepted the donations.
Progress on West Dublin Bay Area Rapid Transit (BART) Station
7:11 p.m. 3.2 (1060-30)
Mayor Sbranti announced that this presentation had been cancelled and would be moved
to a future City Council meeting.
Public Comments
7:11 p.m. 3.3
No comments were made by any member of the public at this time.
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CONSENT CALENDAR
7:12 p.m. Items 4.1 through 4.7
On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City
Council took the following actions:
Approved (4.1) Minutes of July 7, 2009 and July 21, 2009;
Approved (4.2 600-35) Budget Change for Fiscal Year 2008-2009; and accepted the
improvements under Contract No. 09-06, 2008-2009 Annual Sidewalk Safety Repair
Program and Curb Ramp Installation, and authorized the release of retention after 35 days
if there were no subcontractor claims;
Approved (4.3 600-35) Budget Change in the amount of $26,010;
Adopted (4.4 350-40)
RESOLUTION NO. 120 - 09
AUTHORIZING STAFF TO USE DIRECT COMPUTER DISPOSAL
FOR THE RECYCLING OF CITY ELECTRONIC WASTE AND
SURPLUS COMPUTER EQUIPMENT
Adopted (4.5 160-20)
RESOLUTION NO. 121 - 09
ADOPTING A RECORDS RETENTION SCHEDULE, AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS IN ACCORDANCE WITH THE
PROVISIONS OF THE RECORDS RETENTION SCHEDULE, AUTHORIZING
FUTURE UPDATES TO THE RECORDS RETENTION SCHEDULE WITH THE
CONSENT OF THE CITY MANAGER, CITY CLERK AND CITY ATTORNEY
WITHOUT FURTHER ACTION OF THE CITY COUNCIL, AND RESCINDING
PRIOR RESOLUTION N0.41-05
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Adopted (4.6 320-30)
RESOLUTION NO. 122 - 09
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2009 ANNUAL REVIEW OF INVESTMENT POLICY AND DELEGATION OF
AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS
Approved (4.7 300-40) the Warrant Register in the amount of $7,644,651.46.
WRITTEN COMMUNICATIONS -None
PUBLIC HEARINGS
Appeal of Planning Commission's Approval of The Promenade at Dublin Ranch
including a CEQA Addendum, a Conditional Use Permit (CUP) for an Indoor
Recreation Facility and for a Minor Amendment of the Approved PD Development
Plan in Accordance with Chapter 8.32.080 of the City of Dublin Zoning Ordinance to
Change the Allowable Square Footage on Village Center Parcel 6 to 82,864 Square
Feet Provided the Maximum Allowable Square Footage for the 23 Acre Village
Center Area/Promenade Property Does Not Exceed 230,000 Square Feet, and a Site
Development Review (SDR) for the Establishment of a Club Sport Fitness Center
with Associated Spa and Cafe, aTwo-Story RetaiVOffice Building, aFour-Level
Parking Garage and Associated Site Amenities
8:02 p.m. 6.1 (400-20/410-30)
City Attorney John Bakker stated the Appeal had been withdrawn, therefore, the Planning
Commission approvals stand, therefore the project had been approved.
i
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UNFINISHED BUSINESS
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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
7:13 p.m. 7.1 (400-20/420-30/450-30)
Community Development director Jeri Ram requested this item be postponed to the next
regular City Council meeting of September 15, 2009.
By consensus, the City Council postponed this item to the next regular City Council
meeting of September 15, 2009.
NEW BUSINESS
Proposed Amendments to the Bylaws and Rules of Procedure for the Parks and
Community Services Commission, Heritage and Cultural Arts Commission, Senior
Center Advisory Committee and Youth Advisory Committee
7:14 p.m. 8.1 (110-20)
Director of Parks and Community Services Diane Lowart presented the Staff Report and
advised that the City Council would consider amendments to the Bylaws and Rules of
Procedure as recommended by the Parks and Community Services Commission, Heritage
and Cultural Arts Commission, Senior Advisory Committee and Youth Advisory
Committee.
Cm. Hart asked what was the Parks and Community Services Commission rationale of not
wanting to rotate the Chair on a yearly basis.
Commissioner Rich Guarianti stated the Parks Commission's rationale was that the
Planning Commission held twice as many meetings in one year as the Parks Commission
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or the Senior Center Advisory Committee, so they voted to keep the Chair position for
two years instead of one. If someone else wanted to run for the position after one year,
they could request a vote. The Senior Center Advisory Committee, in turn, voted
likewise.
Cm. Biddle stated the Commissions and Committees had the opportunity to review their
bylaws and had decided how often they would like to select a Chair.
Vm. Hildenbrand stated she would support the recommendations of the Commissions and
Committees, although requesting the Chair position be put up for a vote could be a
difficult process. She did not necessarily agree with the rationale.
Cm. Hart stated he leaned toward rotating the positions. He did not support the
Committees' recommendation.
Cm. Scholz stated it was good to spread the opportunity for leadership, as leadership built
confidence.
Mayor Sbranti asked if what had been approved for the Planning Commission would
preclude someone from serving second year as a Chair.
Ms. Lowart stated the language being proposed for these Commissions and Committees
did not preclude someone from being a Chair for more than one year, as long as no one
else wanted to do it. The Parks and Community Services Commission and Senior Center
Advisory Committee were proposing to insert three words, "no more than" two
consecutive years.
Mayor Sbranti asked if the Bylaws would be revisited every other year.
City Manager Pattillo stated yes, Staff would return with this every other year.
Mayor Sbranti asked that Staff consider the possibility for Committees to provide input or
advice on projects.
On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City
Council adopted
RESOLUTION NO. 123 - 09
ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE
FOR THE PARKS AND COMMUNITY SERVICES COMMISSION
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AND RESCINDING RESOLUTION NO.160-08
and
RESOLUTION NO. 124 - 09
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ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE
FOR THE HERITAGE AND CULTURAL ARTS COMMISSION
AND RESCINDING RESOLUTION NO. 161-08
and
RESOLUTION NO. 125 - 09
ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE
FOR THE SENIOR CENTER ADVISORY COMMITTEE
AND RESCINDING RESOLUTION NO. 162-08
and;
RESOLUTION NO. 126 - 09
ADOPTING AMENDED BYLAWS AND RULES OF PROCEDURE
FOR THE YOUTH ADVISORY COMMITTEE
AND RESCINDING RESOLUTION NO.159-08
Proposed Downtown and Eastern Dublin Traffic Impact Fee Deferral Program
7:36 p.m. 8.2 (390-20)
Assistant to the City Manager Linda Maurer presented the Staff Report and advised that
one of the City Council's Fiscal Year 2009-2010 High Priority Goals and Objectives was
to develop an Economic Incentive Program. Staff explored the options related to fee
deferrals and was recommending the City Council defer Downtown and Eastern Dublin
Traffic Impact Fees on non-residential projects.
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On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City
Council adopted
RESOLUTION NO. 127 - 09
APPROVING THE TRAFFIC IMPACT FEE DEFERRAL PROGRAM
Designation by City Council of an Ad Hoc Audit Review Committee
7:41 p.m. 8.3 (110-30)
Administrative Services Director Paul Rankin presented the Staff Report and advised that
the independent auditors from the firm of Caporicci and Larson had scheduled their field
work necessary to complete the Comprehensive Annual Financial Report (CAFR) for the
year ending June 30, 2009. City Council action would establish an Ad Hoc Committee to
review the audit process and final report with the auditors.
On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City
Council confirmed the Mayor's appointment of Councilmember Biddle and
Councilmember Hart as the 2009 Ad Hoc Review Committee that will meet with the City
Auditors to review and discuss the audit process for the period ending June 30, 2009.
Property Assessed Clean Energy (PACE) Programs and AB 811
7:43 p.m. 8.4 (1040-10)
Environmental Technician Jordan Figueiredo presented the Staff Report and advised that
the City Council would receive a report on California State Assembly Bill (AB) 811,
Chapter 159, Statutes of 2008, which authorized Property Assessed Clean Energy (PACE)
programs for California joint powers authorities, counties or general law cities. In order
to finance property improvements and promote their installation, the Legislature
authorized AB 811 for the financing of energy efficiency retrofits and solar system
improvements.
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Mayor Sbranti asked how other Cities made the programs work.
Administrative Services Director Paul Rankin stated other cities, specifically with Palm
Desert, had gone through a transition and were putting a lot of their program costs through
its Redevelopment Agency. They initially primed the program with general fund money
they had available at the time to make loans. The key was having the capital to finance
the program.
Mayor Sbranti asked how Senate Bi11279 would help facilitate the City's participation.
Mr. Rankin stated aMello-Roos District was similar to a traditional assessment district
but was somewhat more flexible in how one designed the formulas and levies.
City Manager Pattillo stated the way Mello Roos was currently written, it only applied to
seismic retrofitting.
Mr. Rankin stated Mello-Roos could not be used for private property, with the exception
of seismic retrofitting.
Mayor Sbranti asked if there was any way the City could facilitate some type of a program
using the concepts of an energy revolving loan fund.
Mr. Rankin stated Staff's recommendation was to continue to monitor the bills and see
how the City could participate.
Cm. Biddle stated the programs sounded like they were evolving.
City Manager Pattillo stated Staff did monitor legislation, especially those that impacted
the City. The wisdom of pacing the program was to make sure the City benefitted from
the economies of scales with minimal risk.
The City Council directed Staff to keep abreast of regional PACE opportunities and
programs being developed which might expand opportunities to offer energy efficiency
retrofits and solar system financing.
DUBLIN CITY COUNCIL MINUTES 9
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RECESS
7:56 p.m.
Mayor Sbranti called for a brief recess
Councilmembers present at 8:02 p.m.
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The meeting reconvened with all
Item 6.1. (Please refer to page 4 of these minutes.)
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)
8:04 p.m.
Cm. Biddle stated he attended the Tri-Valley Convention and Visitors Bureau event.
Vm. Hildenbrand stated she attend the Tri-Valley Convention and Visitors Bureau event.
She congratulated the Police Department on a job well done regarding traffic control now
that school was back in session. The Dublin San Ramon Services District (DSRSD) was
offering rebates for residents who exchanged old toilets for low-flow toilets.
Cm. Scholz stated she had attended the Tri-Valley Convention and Visitors Bureau event.
Cm. Hart complimented Staff on the Rental Facilities brochure; he had attended the
Alameda County Associate Community Action Plan meeting.
Mayor Sbranti stated he attended the Tri-Valley Convention and Visitors Bureau event, a
TV 30 meeting, and the City of Dublin -DSRSD Liaison meeting,
The City Council directed Staff to send a letter to Danville and Town Councilmember
Mike Shimansky expressing the City's concern and support. Staff was also to send a
letter of congratulations to the new DSRSD Boardmember.
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ADJOURNMENT
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There being no further business to come before the City Council, the meeting was
adjourned at 8:18 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
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DUBLIN CITY COUNCIL MINUTES
VOLUME 28
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