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HomeMy WebLinkAboutItem 4.01 Draft 09-15-2009 CC MinDRAFT ~ ~~.al ~Of' DUB MINUTES OF THE CITY COUNCIL ~~` OF THE CITY OF DUBLIN ~_ ~~ ~~~ ~-~ ~$J~ REGULAR MEETING -September 15, 2009 ~~:' ~ l~/ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957.6. ) Title: City Attorney II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5777 Scarlett Court, Dublin Agency negotiator: City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment 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, September 15, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: None DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 `~OFDUB REGULAR MEETING 1~;~,~ September 15, 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 the City Council had completed a successful performance evaluation for the City Attorney. Due to the budget constraints, there would not be a change in compensation. The City Council had also reviewed the evaluation format for the City Attorney. . ORAL COMMUNICATIONS Appointment to Senior Center Advisory Committee 7:12 p.m. 3.1 (110-30) Assistant Director of Park and Community Services Paul McCreary presented the Staff Report and advised that, due to the recent resignation of Jeanette Villegas from the Senior Center Advisory Committee, there was one opening on the Committee. The opening was advertised and one application was received from Dublin resident Tim Pedersen. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council appointed Tim Pedersen to the Senior Center Advisory Committee to a term ending December 2012. DUBLIN CITY COUNCIL MINUTES VOLUME 28 `~pFpU REGULAR MEETING i;~~~,~ September 15, 2009 ~~ ' /~ ~'~~~~~ 2 3 ~ae DRAFT Presentation by the Alameda County Fire Department (ACED) / Dublin Fire Services regarding the Department's Current Activities 7:14 p.m. 3.2 (540-60) Alameda County Fire Department Chief Sheldon Gilbert presented the Staff Report and made a presentation to the City Council on the current activities within the Department including the proposed Operations Complex to be located in Dublin. Cm. Hart asked if the new facility would house ACFD's Administrative Offices and maintenance facility. Chief Gilbert stated yes, all of the administrative functions would be housed there, as well as training classrooms, maintenance facility and reserves. Mayor Sbranti asked about budget cuts at the County level. What did that mean to ACED? Chief Gilbert stated the County's budget deficit gap was at the General Fund level. The ACED did not receive any General Fund dollars. They were funded by property tax and contract for services, so cuts to the Alameda County General Fund would not be an issue for them. City Manager Pattillo stated that the Fire Department presentation would be the start of future City departmental presentations. Public Comments 7:36 p.m. 3.3 Mr. Rully Kusuma, President of the Dublin Learning Corporation, stated they were planning to open a new public high school in Dublin in the fall of 2012. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 `~pFDp~ REGULAR MEETING i;~~~;~ September 15, 2009 ~~ (y~~'/~ ~'1GI~OR~lr DRAFT CONSENT CALENDAR 7:40 p.m. Items 4.1 through 4.6 ~ ~a~ On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes: None; Adopted (4.2 720-40) RESOLUTION NO. 128 - 09 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT and RESOLUTION NO. 129 - 09 FIXING THE EMPLOYER'S CONTRIBUTION VESTING REQUIREMENT FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT and RESOLUTION NO. 130.- 09 AMENDING THE BENEFIT PLAN Adopted (4.3 600-50) RESOLUTION NO. 131 - 09 RATIFICATION OF A FEDERAL EQUITABLE SHARING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND THE UNITED STATES DEPARTMENT OF THE TREASURY DUBLIN CITY COUNCIL MINUTES 4 VOLUME 28 ~,~o~DU REGULAR MEETING ~„ ~e``;~ September 15, 2009 '~~~~~j~ ~1GIFOR~1~ DRAFT Adopted (4.4 600-30) RESOLUTION NO. 132 - 09 APPROVING CONSULTING SERVICES AGREEMENT WITH ASSOCIATED ENGINEERING CONSULTANTS, INC., FOR. CONSTRUCTION INSPECTION SERVICES ~, r'~ Approved (4.5 100-80) recommended language changes to three goals and received the report; Approved (4.6 300-40) the Warrant Register in the amount of $6,127,934.54. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Amendment to Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) 7:40 p.m. 6.1 (560-90) Mayor Sbranti opened the public hearing. Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider amending the Dublin Municipal Code to include a prohibition of smoking on the total property area of private, single-family residences that were licensed to provide childcare services. This Ordinance would prohibit smoking 24 hours a day and seven days a week within the property area of all such childcare centers that were operating within the City of Dublin. Cm. Biddle asked if 51 private residences in Dublin ran child care centers, how many of those residences needed a Conditional Use Permit. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~oFOU REGULAR MEETING 19; September 15, 2009 ~~~C~~j~ ~4L1FpR~~ 6 ~~o?~ DRAFT Mr. Bradley stated there were eight to ten residences that needed Conditional Use Permits. Those permits were needed when a care facility had eight or more children. No testimony was received ~by any member of the public relative to this issue. Cm. Hart stated he supported the ordinance, but asked if there was a way to cover all potential smoking ordinances so Staff did not spend so much time on them. The City needed to be concerned about other issues and not just dominated by smoking issues. Vm. Hildenbrand stated the City took on different aspects of smoking/pollution control and worked through task forces or individually on each item versus sweeping regulations against smoking. The City chose took work on these issues as needed. Cm. Scholz asked if Cm. Hart felt too much time and effort was spent on these issues. Cm. Hart stated that view had been brought to his attention. Mayor Sbranti closed the public hearing. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City Council introduced an Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. UNFINISHED BUSINESS Brat/ Commons Public Art 7:48 p. m. 7.1 (900-50) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council would be asked to consider a recommendation to remove the metal leaves from the artwork at Bray Commons Park for safety reasons or provide Staff with other options to address the issue. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~pFppB REGULAR MEETING i;~~~~~ September 15, 2009 ~~ ''~ (~'1Gl~tp~2~1~+ DRAFT -~~ai Mayor Sbranti asked if the Heritage and Cultural Arts Commission (HCAC) had discussed leaving the artwork in place without the leaves. Mr. Hartnett stated the HCAC, for safety reasons, approved removing the leaves. They had not voiced their opinion, one way or another, on how it looked. They had asked him how he felt it looked without the leaves and he had informed the HCAC he deferred to the artist because he was the most important person that had to deal with the artwork. Mayor Sbranti stated there were two issues at hand. One, keep the leaves on, or not; and two, whether or not to leave the artwork in place without the leaves. Were both items to be discussed tonight? Mr. Hartnett stated it was up to the City Council if they were going to make both decisions tonight. Cm. Scholz stated this item had been discussed previously and $5,000 had been spent. It had been her feeling it was not going to do the job, and it had not. Sometimes things do not work. Safety had been an issue, as had been noise. Cm. Hart stated that much emphasis was being placed on the artist. The City had commissioned the artist to make the artwork. Was the artwork now the possession of the City? Mr. Hartnett stated the artwork was originally commissioned by the Dublin Fine Arts Foundation and then the transfer of ownership to the City occurred once the artwork had been completed. If the City wanted to remove the artwork completely, the City would have to notify the artist. The artist would have 90 days to comply and he could take the artwork at his own cost. It was part of the contract. Cm. Hart asked if that was in every City contract regarding art. Mr. Hartnett stated that was standard language for art contracts. City Attorney Bakker stated artists had rights to their artwork placed in contracts. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 G~~oFDUB~ REGULAR MEETING 19,~~~~~ September 15, 2009 ~~ ' ~,~~~~ DRAFT Cm. Hart stated his dislike of the artwork without the leaves as shown in Attachment 3 of the Staff Report. He recommended they move the artwork and put the leaves back on. Vm. Hildenbrand stated she did not want to change the artwork or move it. It was arguable that the leaves were very dangerous. It was important to maintain the integrity of the artwork and maintain the reputation of the artist. It was an unfortunate situation. The wind was strong here in Dublin. She was willing to make a change at this time. Cm. Biddle asked if there was a cost to remove the leaves. Mr. Hartnett stated the artist would cover the cost to remove the leaves. Cm. Biddle asked if there would be a cost to remove the art and could it be removed? Mr. Hartnett read from the City's contract with the artist, "If for any reason the City ever intends to destroy the work, it shall give written notice to the artist of its intention and shall give the artist, collectively or individually, 90 days to recover the work at the sole cost of the artist." If the City decided to move the artwork, they would still need to inform the artist. Cm. Biddle stated the City could remove the leaves, at no cost to the City, and see what the opinion was of the residents. That decision could be made later. Mayor Sbranti stated he had supported taking money from the art fund to try to fix the art. It had not worked. From a safety stand point as it was originally installed, the leaves needed to be removed. There seemed to be a majority consensus to remove the leaves. Now, they needed to decide what do with the artwork. Cm. Hart asked if there was anything the artist could do to make the piece more attractive once the leaves were removed. Vm. Hildenbrand stated that would cost money. She did not want to move the piece at all. It would be nice to see if something could be done to the texture of the large leaves on the artwork. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 G~~pFDpB~ REGULAR MEETING f9,~,~~"~ September 15, 2009 ~~ ' ~~~~~ DRAFT q ~a~ Cm. Scholz stated the noise and safety issues were still there. The artwork was not attractive without the leaves. She would like public input from the people that lived nearby before making a decision about moving the art. Mayor Sbranti stated he supported taking off the leaves and leaving the artwork in place and wait and see what comments were received and go from there. City Manager Pattillo clarified that the City Council approved removal of the leaves per Attachment 3 of the Staff Report. The City Council stated yes. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council authorized Staff to have artist Bill Gould remove all metal leaves from the Bray Commons artwork and wait to make a final decision of whether to remove the art work or not, based on public comments. 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 Regulationsl of the Zoning Ordinance, PA 07-028 8:11 p.m. 7.2 (400-20/420-30/450/30) City Manager Pattillo requested that this item be moved to a Special City Council meeting on Tuesday, September 29, 2009, at 7:00 p.m. By consensus, the City Council moved the item to a Special City Council meeting on Tuesday, September 29, 2009, at 7:00 p. m. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 `~pFDp REGULAR MEETING 19; September 15, 2009 Ot~~~j// '1GIFOR~1 DRAFT NEW BUSINESS -o~~al Proposed City Council Committees for Economic Development, Communications, Environmental Programs, Community Grants, and Community Development Block Grant Programs 8:12 p.m. 8.1 (610-40) City Manager Joni Pattillo presented the Staff Report and advised that the City Council had several major initiatives underway this Fiscal Year, many of which required ongoing policy guidance and direction from the City Council. In order to effectively manage these efforts Staff was proposing the creation of five committees - 1)Economic Development; 2) Communications; 3) Environmental Programs; 4) Community Grants; and 5) Community Development Block Grant Programs. Cm. Biddle asked how many Councilmembers would be on each committee. City Manager Pattillo stated two Councilmembers would be on each committee. Mayor Sbranti clarified that two committees would work with Staff and community components and the other three committees were more internal, Economic Development, Community Grants and Community Development Block Grants. Cm. Hart asked why there were two Councilmembers on each committee instead of only one. City Manager Pattillo stated that was the process the City had used to get two perspectives. In regard to the Community Grant Committee, Staff might make consolidation efforts between CDBG review as well as Community-based grants. Cm. Scholz asked if the City Council would have input as to what committees they would like serve on. Mayor Sbranti stated those decisions would be made at a later date. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council provided direction to Staff on the proposed City Council Committees for DUBLIN CITY COUNCIL MINUTES ~o VOLUME 28 ~~OFDp REGULAR MEETING 1;~~~,~ September 15, 2009 ~~ ' /~ ~~~~~ DRAFT ~i ~., a I ~~ Economic Development, Communications, Environmental Programs, Community Grants, and Community Development Block Grant Programs, with flexibility in committee scope, as requested by the City Manager. Communications Work Plan for the City of Dublin 8:22 p.m. 8.2 (150-10) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that improving the City's communications with Dublin residents and businesses was established as a City Council High Priority Goal and Objective for Fiscal Year 2009- 2010. Staff had been working for the past few months on a plan that would enable the City to accomplish this goal. The City Council would consider the plan. The City Council and Staff agreed to be be mindful of the use of the shamrock as to not infringe on the logo of the Dublin Chamber of Conference. Mayor Sbranti asked if the City's Annual newsletter would be completed this year. City Manager Pattillo stated yes it would. Mayor Sbranti asked if the City had looked at providing a quarterly resident e- newsletter. City Manager Pattillo stated the City could bring together pieces of information that were currently in different locations to keep residents up-to-date, and not be so time- intensive. Sean O'Keefe, Dublin resident, stated he would like to meet with the taskforce once it was formed. On the City website, he would like to see a portable rolling scroll. People could take it to their social network site or email. There could be segments of the site so groups could have their own distribution points. Vm. Hildenbrand thanked Staff for working on this item. She had supported this for a few years. Residents would have the ability to get to know the City better. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 28 ~ppp~~ REGULAR MEETING 19;~~~~,~ September 15, 2009 `~ ~ /~ ~'iG1 R~~ DRAFT ~~a~ On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City. Council reviewed and approved the Communication Work Plan, its main objectives and action items. Association of Bay Area Governments (ABAG) Multi-Jurisdictional Local Hazard Mitigation Plan 8:52 p.m. 8.3 (520-30) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider directing Staff to participate in the ABAG Multi-Jurisdiction Local Hazard Mitigation Plan. The plan consisted of mitigation strategies focusing on actions that would reduce damages sustained as a result of a disaster. Strategies were designed to reduce the loss of life, minimize property damage, and speed the recovery process. The City Council would also consider directing Staff to hold a public meeting to receive input from the community on the mitigation strategies that the City would pursue as part of the plan. Vm. Hildenbrand asked if Staff could notice the schools of the public meeting so they can provide input. This could be an informational piece for them to see what the City and ABAG were working on. Cm.~ Hart stated the schools needed to be at the table. He would stress the partnership more and wanted their input. Mayor Sbranti stated he would also like to see Dublin San Ramon Services District at the table. Cm. Hart asked that City Staff also invite Lt. Colonel Friend from Camp Parks. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, City Council directed Staff to participate in ABAG's Local Hazard Mitigation Plan and hold a community meeting to receive community input on the City's mitigation strategy priorities. ~+ DUBLIN CITY COUNCIL MINUTES ~2 VOLUME 28 G~~gOFDtj~y REGULAR MEETING ,9,~~~,~ September 15, 2009 ~~ ~ //~ ~4G/FOR~~ ~~a !! DRAFT Revisions to the Organization of the Year Guidelines and Volunteer Recognition Event 9:22 p. m. 8.4 (610-50) City Clerk Caroline Soto presented the Staff Report and advised that the City Council would consider proposed changes to the guidelines for the City's Organization of the Year award, and the Volunteer Recognition Event. Mayor Sbranti asked that all nominees receive equal representation whether it was through pictures or video. On motion of Cm. Hart, seconded by Cm. Scholz and by unanimous vote, the City Council approved recommended changes to the Organization of the Year Guidelines, and the Volunteer Recognition Event. Consideration of Council Meeting Cancellations 9:13 p.m. 8.5 (610-20) City Manager Joni Pattillo presented the Staff Report and advised that in order for the City Council and Staff to plan ahead in regard to workload, the City Council would consider the possible cancellation of pre-determined City Council meetings. Meetings that may be considered for cancellation were the first meeting in January, and one meeting in July and one in August, of each year. By consensus, the City Council cancelled the meetings of January 5, 2010, July 6, 2010 and August 3, 2010. 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). 9:22 p.m. City Manager Pattillo stated the City would be holding its annual Day on the Glen Event at Emerald Glen Park this coming weekend. DUBLIN CITY COUNCIL MINUTES 13 VOLUME 28 ~~pFDp REGULAR MEETING 1;~C~j~,~ September 15, 2009 ~` ~ //~ Gc~~a~`D DRAFT Cm. Hart had no comments. ~~+~a~ Cm. Scholz stated she would be attending the League of California Cities Conference in San Jose and Day on the Glen. Cm. Biddle stated he would be attending the League of California Cities Conference. Vm. Hildenbrand stated she would be attending the League of California Cities Conference. The upcoming East Bay Division meeting would be held in Oakland. She had attended the Livermore Amador Valley Transit Authority (LAVTA) meeting. She asked Staff if there a reason the water bottles were not being recycled at the Sports Grounds. She also stated Town Councilmember Mike Shimansky of Danville had passed away. She asked that tonight's meeting be adjourned in his memory. City Manager Pattillo stated in response to Vm. Hildenbrand's question about water bottle recycling, Staff was reviewing how the City could be green stewards for the community in terms of operations. Mayor Sbranti stated he had attended a meeting regarding the upcoming Tri-Valley Council meeting. The February Tri-Valley Council meeting would be hosted by Dublin. He had attended a LAVTA meeting and aTri-Valley Transportation Council meeting. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:33 p.m. in memory of Danville Town Councilmember Mike Shimansky, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES ~a VOLUME 28 G~~OF REGULAR MEETING 19,~~~~~ September 15, 2009. ~~ ~ /~ (,1G/FOB tiC