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Home My WebLink About4.01 Draft 10-20-2009 CC Min~~ ~r ~U~~ DRAFT J ~,` . . ~ ~ ~$~~ MINUTES OF THE CITY COUNCIL ~~~ . ~'/ OF THE CITY OF DUBLIN n . .~. REGULAR MEETING -October 20, 2009 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: ~~ °~ 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, October 20, 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. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. The Closed Session would be continued after Oral Communications. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~~oFD~ REGULAR MEETING ~„ ~~;~ October 20, 2009 '~~~~~ 4G1FpR~ ' ' I ~'}-~, N DRAFT ORAL COMMUNICATIONS 2c~~j Dublin Unified School District 2009 Academic Performance Index Growth Proclamation 7:01 p.m. 3.1 (610-50) The Dublin City Council presented the Dublin Unified School District (District) with a proclamation congratulating the District on its recent achievements in regard to the 2009 Academic Performance Index Growth. Superintendent Hanke thanked the City for the recognition and the proclamation. Alameda County Community Food Bank Certificate of Appreciation 7:17 p.m. 3.2 (150-20) Ms. Rosanna McDonald, Corporate & Foundation Relations Manager for the Alameda County Community Food Bank, presented the City of Dublin a certificate of appreciation for participation in the 2009 Summer Food Drive. City Staff donated 1,288 lbs. of food to the drive. National Domestic Violence Awareness Month Proclamation 7:11 p.m. 3.3 (610-50) The City Council presented a proclamation to Jennifer Dow, Director of Community Development and Education at the Tri-Valley Haven, proclaiming the month of October as National Domestic Violence Awareness Month. Ms. Dow thanked the City Council for the proclamation and its support and partnership. Red Ribbon Week Proclamation 7:14 p.m. 3.4 (610-50) The City Council presented a proclamation to Dublin Police Lt. Kurt Von Savoye proclaiming October 23-30, 2009 as Red Ribbon Week. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 `~o~Do REGULAR MEETING 19, ~~. `~ October 20, 2009 ``~~~~ ~~~R~ 3 ~~ DRAFT Public Comments 7:19 p.m. 3.5 No comments were made by any member of the public at this time. 7:19 p.m. The City Council reconvened to Closed Session. REPORT ON CLOSED SESSION ACTION 8:55 p.m. Mayor Sbranti stated there was no reportable action during Closed Session. CONSENT CALENDAR 8:56 p.m. Items 4.1 through 4.8 Cm. Hart pulled Item 4.7 for further discussion. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 15, 2009 and Special Meeting of September 29, 2009; Adopted (4.2 600-35); RESOLUTION NO. 152 - 09 ACCEPTING IMPROVEMENTS TO DUBLIN SPORTS GROUNDS, CONTRACT NO. 09-03 DUBLIN CITY COUNCIL MINUTES VOLUME 28 ~~oF~ REGULAR MEETING 19; October 20, 2009 ~~~~~j/~ ~,~o~~ 3 ~~ ~ DRAFT Adopted (4.3 600-35) RESOLUTION NO. 153 - 09 APPROVING CONTRACT FOR SERVICES WITH THE ASSOCIATION OF BAY AREA GOVERNMENTS FOR THE VILLAGE PARKWAY STORM DRAIN INLET FILTER INSERT PROJECT; APPROVE BUDGET CHANGE; AND AUTHORIZE STAFF TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $4,939 TO REVEL ENVIRONMENTAL MANUFACTURING, INC. Approved (4.4 600-35) Budget Change in the amount of $36,760 for the portion of the project funded by Community Development Block Grant Recovery Funds; and authorized Staff to advertise for bids for Contract No. 09-11, Fiscal Year 2009-2010 ADA Curb Ramp Installation Program; Authorized (4.5 600-60) the City Manager to execute First Amendment to Agreement between the City of Dublin and the Dublin Housing Authority for the performance of services by the Housing Authority in connection with the demolition and disposition of Arroyo Vista; Received (4.6 660-60) report regarding the comprehensive update to the Dublin Municipal Code, Chapters 2.10, 2.46 and 2.48; Approved (4.8 300-40) the Warrant Register in the amount of $2,265,035.52. Cm. Hart pulled Item 4.7, Positano Affordable Housing Agreement -Amendment No. 4 to the Affordable Housing Agreement for the First Phase of Positano (600-30), and stated he was going to vote no because he had not necessarily agreed with Amendment No. 3, so he did not agree with Amendment No. 4. Mayor Sbranti asked Cm. Hart if he would subsequently vote no on any further amendments on the Positano project. ' Cm. Hart stated he would evaluate each and every one as it came forward. He wanted noted for the record his frustration with all the changes. Cm. Biddle stated he agreed that this was a fairly minor adjustment. It only changed the location of two houses. He would prefer to vote on the changes amendment by amendment. Mayor Sbranti stated it was a minor amendment, but he did agree that it should not be taken lightly, coming back to the City Council repeatedly with amendments. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 28 `,~o~DOe~ REGULAR MEETING i;~~~;~ October 20, 2009 ~` ~ ~~ ~4LIFpR~~ DRAFT 5~(j~t On motion of Vm. Hildenbrand seconded by Cm. Scholz and by majority vote (Cm. Hart voting no), the City Council adopted RESOLUTION NO. 154 - 09 APPROVING AMENDMENT NO.4 TO THE AFFORDABLE HOUSING AGREEMENT FOR THE FIRST PHASE (416 UNITS) OF POS/TANO TO MODIFY THE LOCATION OF THE INCLUSIONARY UNITS WITHIN PART ONE OF THE FIRST PHASE OF THE PROJECT WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Introduction of Ordinance Amending Dublin Municipal Code Chapters 2.08 (City Council), 2.16 (Parks and Community Services Commission), 2.18 (Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness) 9:01 p.m. 6.1 (660-60) The City Council continued the item to a future City Council meeting. UNFINISHED BUSINESS -None NEW BUSINESS Oral History Program Update 9:03 p.m. 8.1 (910-60) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council had a high priority objective for Fiscal Year 2009-2010 to obtain and preserve the oral histories of Dublin seniors and long-time residents. The City Council would receive an update on an Oral History Program being developed by a Consultant and Steering Committee under the direction of the Heritage and Cultural Arts Division Staff. DUBLIN CITY COUNCIL MINUTES VOLUME 28 REGULAR MEETING ~oF~ 19,`~ ~ ,~ October 20, 2009 ~ ~`~~~j/~ `1LIFOR~ DRAFT The City Council received the report. Authorization to Participate in a Statewide Securitization Program Related to the State of California Borrowing City of Dublin Properly Tax 9:10 p.m. 8.2 (600-50) ~~j~ Administrative Services Director Paul Rankin presented the Staff Report and advised that Proposition 1A, enacted by the voters in 2004, limited the State's ability to borrow or take cities' property tax revenues. This year the State of California had exercised emergency authority under Proposition 1A to borrow 8% of local property taxes to assist with balancing the State Budget. This equals approximately $2.2 million for the City of Dublin. The City Council would consider authorizing participation in a financing program that will allow the City to relinquish its rights to the repayment with interest by the State of California in 2013, in exchange for the payment of the amount borrowed in two installments this fiscal year without interest. Cm. Hart asked what percentage of interest was the State proposing. If the City agreed to wait for repayment with interest, what would the total amount paid to the City in 2013? Mr. Rankin stated he did not know the amount, but the City could take the payment now and invest it into something that would bring in a higher yield. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 155 - 09 APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH DUBLIN CITY COUNCIL MINUTES s VOLUME 28 G~~Orbp~,_~ REGULAR MEETING 19,~~~``~~ii,~ October 20, 2009 ~~ ~ /~ ~4G1 R~~~ DRAFT ~~a Request from Dublin Little League to Construct Bullpens at the Dublin Sports Grounds 9:21 p.m. 8.3 (600-30) Director of Parks & Community Services Diane Lowart presented the Staff Report and advised that the City Council would consider a request from Dublin Little League to construct two bullpens on Field #3 (the 90' baseball diamond) at the Dublin Sports Grounds. Cm. Hart referred to the Staff Report, Page 3, Section 4, and asked who would pay the maintenance costs after 10 years. Ms. Lowart stated the City would take over the maintenance costs. On motion of Cm. Biddle, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 156 - 09 APPROVING AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPERTY Year 2010-2011 Goals & Obiectives and Budget Process 9:25 p.m. 8.4 (100-80) City Manager Joni Pattillo presented the Staff Report and advised that the City Council would be asked to confirm proposed dates for the Fiscal Year 2010-2011 Goals and Objectives and Budget Process. Mayor Sbranti asked why the dates were earlier than in previous years. City Manager Pattillo stated it had to do with the new budget system and allowing Staff more time to complete the budget. The City Council directed Staff to tentatively schedule the first Budget-related meeting for January 23, 2010 and have Staff return with tentative dates for the second meeting. DUBLIN CITY COUNCIL MINUTES z VOLUME 28 oF~ REGULAR MEETING ~„`~C,~~`;~ October 20, 2009 '`~~~~j~ ~it,FOa~ DRAFT ~ ~ ~ Authorize an Agreement with Lew Edwards Group as Lead Consultant to Evaluate Opportunities for Revenue Enhancement 9:31 p.m. 8.5 (600-30) Administrative Services Director Paul Rankin presented the Staff Report and advised that a high priority City Council goal for this Fiscal Year was to "undertake voter opinion research to determine community support for a revenue measure targeting resident valued enhancements." Given the threat from the State of California raiding traditional local revenues, and the inadequacy of revenue growth to keep pace with expenditures, scoping for possible additional revenue is timely and prudent. The City requested proposals from firms with expertise in the following two areas: Voter Opinion Polling and Funding Strategy/Communication Services. The City Council would consider approving an agreement with Lew Edwards Group. Cm. Biddle asked if Phase 1 returns would be back by the end of this year. Mr. Rankin stated the results would be back by the end of the year. It would just be a matter of preparing the item for an upcoming City Council meeting. It would probably be presented to the City Council in January. Mayor Sbranti asked if the City Council would see the entire poll data in addition to the Executive Summary and analysis. Mr. Rankin stated the City Council would see the Executive Summary and analysis, as well as the poll data. Mayor Sbranti clarified there was a clear separation between Phase 1 and Phase 2, with no guarantee of moving forward on Phase 2, dependent upon the research in Phase 1. If the City did move forward with Phase 2, it did not obligate the City to go forward with any type of a measure. Cm. Hart noted the $65,000 cost associated with this agreement. He would not like to spend $65,000 for the survey and it not be of value to the City. He was supportive of the proposal. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 157 - 09 APPROVING AGREEMENT WITH LEW EDWARDS GROUP (LEAD CONSULTANT) FOR EVALUATION OF OPPORTUNITIES TO ENHANCE LOCAL REVENUES DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~oFDU REGULAR MEETING 19;`~~~,~ October 20, 2009 ~~ ~ /~ ~'1GIFOR~l~` DRAFT qua 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) 9:43 p.m. City Manager Pattillo announced that there would be Open Houses at the City's Fire .Stations on Saturday, October 31, 2009, from 11:00 a.m. to 3:00 p.m. The information would be posted on the City's website. Cm. Biddle stated he attended another Walk and Roll to School event at Dublin Elementary School; he attended an Associated Community Action Program meeting; and he attended a Waste Management Committee Meeting. Vm. Hildenbrand stated she attended the East Bay Division League of California Cities Dinner. She would be attending the Chamber mixer at the Shannon Center tomorrow and the upcoming Dublin Partners in Education (DPIE) Celebrity Waiter fundraising event. She stated that Dale Tucker, a member of the community, passed away recently. She asked that the meeting be closed in honor of Mr. Tucker. Cm. Scholz stated she attended the East Bay Division League of California Cities meeting. She would be attending the Chamber event at Shannon Center. Cm. Hart stated there would be a tactical operation .this weekend in Dublin and the Bay Area. Mayor Sbranti stated he had attended the Rotary lobster feed. He attended a Congestion Management Agency subcommittee meeting and the Alameda County Mayors Conference. He attended the East Bay Economic Development Alliance joint event with Stopwaste.org. At the meeting, two Dublin businesses were recognized for their environmental practices: Carl Zeiss Meditec and Save Mart. He also spoke about Dale Tucker's community involvement. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:56 p.m. in memory of Dale Tucker, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 ~pppU REGULAR MEETING n;`~ ~~~ October 20, 2009 '~~~~~j~ ~,~o~~