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HomeMy WebLinkAboutItem 4.01 Draft 10-6-09 CC Mini ~- i5 DRAFT ~1 > ~,,~ J ~ MINUTES OF THE CITY COUNCIL ~~~~ -~-~' ,$'~ OF THE CITY OF DUBLIN 1~~ ,C~~% \~llr~nt21~~ REGULAR MEETING -October 6, 2009 A regular meeting of the Dublin City Council was held on Tuesday, October 6, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: None i PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. Mayor Sbranti asked that Item 8.5 be moved to the beginning of the meeting, after Item 3.2. ORAL COMMUNICATIONS Introduction of New Employees 7:06 p.m. 3.1 (700-10) Dublin Police Commander Casey Nice introduced Sgt. Tim Schellenberg and Deputy William Lotman. The City Council welcomed Sgt. Schellenberg and Deputy Lotman to Dublin Police Services. Fire Prevention Week Proclamation 7:10 p.m. 3.2 (610-50) The City Council presented a proclamation to Fire Marshal Bonnie Terra proclaiming October 4-10, 2009 as Fire Prevention Week. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~~OF Drj REGULAR MEETING G y ~9'~~"~~~ October 6, 2009 `\ ~ ~~ ll II ~'iG/FOR~~ "'~'1 I t !"~ a ~- ~5 DRAFT Acceptance of $10,000 Donation from the Alameda County Deputy Sheriff s Activities League and Resolution Authorizing Collaborative Partnership between Dublin Police Services and the Alameda County Deputy Sheriff's Activities League 7:13 p.m. 8.5 (150-70) Commander Casey Nice presented the Staff Report and advised that the Dublin Police Services Crime Prevention Unit partnered with the Alameda County Deputy Sheriff's Activities League (DSAL), under their 501(c)(3) umbrella, to apply for a grant from Clorox Corporation to fund equipment and supplies for child safety programs in Dublin, the Tri-Valley and unincorporated Alameda County. Clorox Corporation awarded a grant of $10,000 to the DSAL to fulfill the mission of the grant proposal. The DSAL would purchase the child safety equipment valued at $10,000, and donate these items to the City of Dublin. The resolution would authorize the Dublin Police Services to continue this collaborative partnership with the DSAL. Sgt. Martin Neideffer, Alameda County Deputy Sheriffs Activity League, thanked the City and Police Services for partnering with the DSAL. Cm. Biddle asked how the Police Department assisted with education on correct installation of child car seats. Commander Nice stated that the department offered assistance through brochures, events and individual appointments. Residents could call the Police Department and set up an appointment. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 151 - 09 AUTHORIZING A COLLABORATIVE PARTNERSHIP BETWEEN DUBLIN POLICE SERVICES AND THE ALAMEDA COUNTY DEPUTY SHERIFF'S ACTIVITIES LEAGUE IN AN ONGOING EFFORT TO PROVIDE GREATER CHILD AND YOUTH SAFETY SERVICES AND PROGRAMS TO THE CITIZENS OF OUR COMMUNITY Public Comments 7:20 p.m. 3.3 No comments were made by any member of the public at this time. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 REGULAR MEETING ~~```~F~`'8~y u~ 19~ ~ October 6, 2009 ~ ~ ~` ~'~LI R~~ 3 0~- {5 DRAFT ~-- CONSENT CALENDAR 7:20 p.m. Items 4.1 through 4.12 City Manager Pattillo pulled Item 4.3, for further discussion. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meetings of August 18, 2009 and September 1, 2009; Adopted (4.2 600-60) RESOLUTION NO. 136 - 09 APPROVING RELEASE OF SECURITY FOR TRACT 7651, SORRENTO EAST Adopted (4.4 820-10) RESOLUTION NO. 138 - 09 INTENT TO VACATE THE WESTERNMOST PORTION OF SCARLETT COURT AND DIRECTING THE CITY OF DUBLIN PLANNING COMMISSION TO CONSIDER WHETHER SUCH VACATION IS CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN AND WHETHER A POTENTIAL SALE OF THE ABANDONED PROPERTY WOULD BE CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN Adopted (4.5 600-60) RESOLUTION NO. 139 - 09 APPROVING PARCEL MAP 9717 AND TRACT IMPROVEMENT AGREEMENT, PARCEL MAP 9717, THE PROMENADE-PHASE 1 and RESOLUTION NO. 140 - 09 APPROVING MAINTENANCE AND IRREVOCABLE LICENSE AGREEMENT RELATING TO PARCEL MAP 9717 DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 ,~OFDpR~ REGULAR MEETING ~9~~~D~~~ October 6, 2009 ~\ ~ ~~ ~'iL/FOR~~` DRAFT Adopted (4.6 600-35) RESOLUTION NO. 141 - 09 REJECTING BID FOR THE FIRE STATION 16 KITCHEN REMODEL PROJECT, CONTRACT 09-10 Adopted (4.7 560-90) ORDINANCE NO. 14 - 09 AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL Adopted (4.8 600-35); RESOLUTION NO. 142 - 09 ~of,5 APPROVING AN AGREEMENT WITH CARDUCCI AND ASSOCIATES, INCORPORATED FOR DUBLIN SPORTS GROUNDS PHASE IV Accepted (4.9 600-35) improvements under Contract No. 09-07, 2008-2009 Annual Street Overlay Program, and authorized the release of retention after 35 days if there were no subcontractor claims. Adopted (4.10 820-10); RESOLUTION NO. 143 - 09 INTENT TO VACATE THE EASTERNMOST PORTION OF SCARLETT COURT AND DIRECTING THE CITY OF DUBLIN PLANNING COMMISSION TO CONSIDER WHETHER SUCH VACATION IS CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN Adopted (4.11 600-35); RESOLUTION NO. 144 - 09 AWARDING CONTRACT NO. 09-09, 2009 ANNUAL SLURRY SEAL PROGRAM, TO VALLEY SLURRY SEAL COMPANY Approved (4.12 300-40) the Warrant Register in the amount of $2,546,652.19. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 28 REGULAR MEETING G~,El~~FD~B~~ ~8~ i9~ ~'/ October 6, 2009 ~ ~ ~\ ~ /~ ~'iL/FOR~~ 5 a~- ,5 DRAFT City Manager Pattillo pulled Item 4.3 (600-60),Annual Review of Development Agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village; Stockbridge/BHV (formerly IKEA); Avalon Bay, Transit Center Site 8; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Pfeiffer Ranch Investors, Silvers Ranch; Transit Center, Master DA; Lowe's; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento EasbSR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement. Troy Bristol, representative from Save Mount Diablo, stated he had this item pulled because of the Fallon Village Project by Dublin RE Investors, LLC aka Braddock and Logan. It had come to their attention that this project was not in compliance with the biological opinion from U. S. Fish and Wildlife Service and also not in compliance with mitigations that were required as a permit from the Regulatory Water Control Board. U. S. Fish and Wildlife submitted a letter to the Army Corps of Engineers on September 23, 2009, stating that the project was not in compliance. Save Mount Diablo assumed the Development Agreement for the Fallon Village project required that the applicant was in conformity with the Conditions of Approval and the mitigations that were required for permitting. They asked that the City defer any determination on whether this project was in compliance with its Development Agreement until Staff had an opportunity to do some further investigation to determine whether the Development Agreement was related to or connected to those mitigations which they were not in compliance. City Attorney Bakker stated he had reviewed the Development Agreement and the letter from Save Mount Diablo. It was his opinion that even if the allegations in the letter regarding a violation of the agency permits were true, that would not be a violation of the Development Agreement. Braddock and Logan was in compliance with the Development Agreement at this time. Braddock and Logan had provided a response to the Army Corps of Engineers regarding the letter from U. S. Fish and Wildlife Service. The parties would be going through a process with the federal regulatory agencies in discussing whether there was a violation or not. Braddock and Logan took the position that there was no violation. That was not something the City would want to get into. Cm. Hart asked the City Attorney, when he said Braddock and Logan was not in violation of the terms of the (Development Agreement), were they in violation of other terms and conditions. City Attorney Bakker stated they might be in violation of a term of the mitigation monitoring plan, if indeed, there was a violation. A violation of a federal or State regulatory permit might be a violation of a mitigation monitoring program that the City imposed as a requirement of every project approval. In this case, there was a mitigation monitoring program that had a condition that required the planned agency permits. Cm. Hart asked the City Manager if the City Council was being asked to approve Item 4.3, with the absence of the Braddock and Logan Development Agreement. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 28 G`~OFD(jy, REGULAR MEETING ai~~~~y,~ October 6, 2009 ~~ ~ /~ ~'~trFOC~~~ ~ ~f r5 DRAFT City Manager Pattillo stated it was the City Council's option to approve the item with Braddock and Logan or exclude Braddock and Logan in its decision. Cm. Biddle asked if there was any timing on the mitigation between Braddock and Logan and the agency. Mr. Bakker stated he did not know about the timing. The agencies often took a long time to resolve issues. Cm. Scholz asked City Manager Pattillo for clarification on the City's Council's options. City Manager Pattillo stated it was up to the City Council to either approve the Annual Development Agreements as stated in the Staff Report, or decide, based on the comments made by Mr. Bristol, to exclude Braddock and Logan. Based on the City Attorney's opine, the City was still within its full right to move forward with approval. Mayor Sbranti stated Braddock and Logan received one letter from one agency and it was still quite a lengthy process to resolve the issue. It did not involve the City. Ultimately, if there was some final determination at some later date that ruled against Braddock and Logan, the City could review it at that time. Mr. Bakker stated the way federal permits worked, the U. S. Army Corps of Engineers issued a 404 Permit in this case. It was based on a biological opinion prepared by the U. S. Fish and Wildlife Service. U. S. Fish and Wildlife Service had sent a letter to the U. S. Army Corps of Engineers telling them they believed there had been a violation of the permit. The U. S. Army Corps of Engineers had not taken any action at this point and Braddock and Logan had sent a letter to the U. S. Army Corps of Engineers responding to the letter from U. S. Fish and ~Idlife Service. It was not an issue the City should take on at this time. Mayor Sbranti stated it was a situation that the City should monitor but not jump into tonight. Cm. Hart asked what was the specific violation that was alleged. Mr. Bakker stated, as he understood it, the issue was related to whether Braddock and Logan had recorded a deed restriction or conservation easement on a piece of property called the Brown Ranch. It had been set aside to serve as mitigation to provide wetlands area. Cm. Hart asked if there was any preliminary indication what Braddock and Logan's response was to the letter. Mr. Bakker stated Braddock and Logan did not feel they were in violation. The City would be ensuring that Braddock and Logan would be in compliance with the City's conditions. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 28 G`,~o~~e~ REGULAR MEETING 19r~`~"~~~ October 6, 2009 ~` ~ /~ ~4GIFpR~~ -~ ~ ~5 DRAFT By consensus, the City Council directed Staff to monitor the situation and if there was final determination by the U. S. Army Corps of Engineers that there were compliance issues, the City Council would review it at that point. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 137 - 09 FINDING THAT THE FOLLOWING DEVELOPERS HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE FOLLOWING DEVELOPMENT AGREEMENTS: DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLEMENTAL DA, AREAS F, G AND H; AMB/LEGACY PARTNERS, WEST DUBLIN TRANSIT VILLAGE; STOCKBRIDGE/BHV (FORMERLYIKEA); AVALON BAY, TRANSIT CENTER SITE B; QUARRY LANE SCHOOL; PULTE, DUBLIN RANCH AREA F; DUBLIN RE INVESTORS, LLC, FALCON VILLAGE; SORRENTO, DUBLIN RANCH AREA F WEST; WESTERN PACIFIC HOUSING, TRANSIT CENTER SITE E-1; TRANSIT CENTER, MASTER DA; LOWE'S; STANDARD PACIFIC, DUBLIN RANCH F-1; GATEWAY MEDICAL GROUP/TRIAD; SORRENTO EAST/SR STRUCTURED LOT OPTIONS; GRAFTON STATION; DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; AND CONCLUDE THE ANNUAL REVIEW PERIOD FOR 2009 FOR THE DEVELOPMENT AGREEMENTS THAT ARE IN COMPLIANCE WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Continuance -The Promenade at Dublin Ranch -Development Agreement Between the. City of Dublin and James Tong and Mei Fong Tong fora 23.46-Acre Area Along Both Sides of the Proposed Extension of Grafton Street between Central Parkway and Dublin Boulevard known as the Promenade (Village Center) within Area G of Dublin Ranch 7:32 p.m. 6.1 (600-60) Community Development Director Jeri Ram asked that this item be continued to a date uncertain. Should the Development Agreement go through any significant changes, it would go through the Planning Commission before coming back before the City Council By consensus, the City Council continued this item to a date uncertain. DUBLIN CITY COUNCIL MINUTES 7 VOLUME 28 REGULAR MEETING G`~OF Dlj ~~ i9~ ~'r October 6, 2009 ~ ~ ~\ ~ /~ ~'1LI RCS DRAFT UNFINISHED BUSINESS gD~-~5 Adoption of Amendments to the Tri-Valley Transportation Council (TVTC) Joint Exercise of Powers Agreement (JEPA) and Revisions to the Tri-Valley Transportation Development (TVTD) Fee 7:33 p.m. 7.1 (600-40/1060-90) Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that, following initial review by the City Council in May 2009 and approval by the MC, this item sought City Council approval of amendments to the Tri-Valley Transportation Council Joint Exercise of Powers Agreement, including revision of the Tri-Valley Transportation Development Fee. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 145 - 09 APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE ADDENDUM II TO THE JOINT EXERCISE OF POWERS AGREEMENT PERTAINING TO THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES FOR TRAFFIC MITIGATION and RESOLUTION NO. 146 - 09 AMENDING THE FEE SCHEDULE FOR THE TRI-VALLEY TRANSPORTATION DEVELOPMENT (TVTD) FEE City Council Committee Assignments for Economic Development, Communications, Environmental Programs, Community Development Block Grant (CDBG) Programs, and Community and CDBG Grants 7:37 p.m. 7.2 (610-40) City Manager Pattillo presented the Staff Report and advised that the City Council provided direction to Staff on September 15, 2009 to proceed with the creation of five City .Council Committees: 1) Economic Development; 2) Communications; 3) Environmental Programs; 4) Community Development Block Grant (CDBG) Programs; and 5) Community and CDBG Grants. Staff had formalized the purpose of each committee and the Mayor had provided his recommended appointments for consideration by the City Council. Mayor Sbranti stated there would be a public component for the Communications and Environmental Programs Committees. Mayor Sbranti asked if there would be other opportunities for public input for the Communications Committee. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 28 REGULAR MEETING `~oF~o~i ~i ~s~ i9 October 6, 2009 ~ ~ ~~ ~ /~ ~'1L/FpR~~ ~ ~-~5 DRAFT City Manager Pattillo stated there would be focus groups with the community in regard to the Communications Committee. Staff would be considering a variety of venues for public input. Mayor Sbranti asked what the timing would be for the Environmental Programs Committee. City Manager Pattillo stated work on the Environmental Taskforce would begin in earnest at the beginning of next year. The Environmental Group was very busy and the City Manager wanted to be mindful of their workload. Vm. Hildenbrand stated, and the City Council concurred, that other City Councilmembers should be able to contribute information to the different committees. City Manager Pattillo stated minutes from the different committees could be shared with all the Councilmembers. As committee work continued, Staff would check in with the entire City Council. On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 147 - 09 ESTABLISHING AD-HOC COMMITTEES FOR ECONOMIC DEVELOPMENT, COMMUNICATIONS, ENVIRONMENTAL PROGRAMS AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AND A STANDING COMMITTEE FOR COMMUNITY AND CDBG GRANTS AND ACCEPTING THE MAYOR'S APPOINTMENTS Presentation Regarding Project Progress and Approval of Additional Streetscape Enhancements And Subsequent Contract Change Orders No. 1 Through 5 for the East And West Dublin BART Corridor Enhancements (Contract No. 08-18) 7:52 p.m. 7.3 (600-35) Senior Civil Engineer Ferd Del Rosario provided the Staff report and advised that Staff would provide a current update on project progress. Additional streetscape enhancements were being considered for the East and West Dublin BART Corridor Enhancement Project to fully utilize the Federal funds available for construction, including wayfinding signs, newsracks, decorative median railings, City Monument Sign and using stainless steel structural members for the Eternal Ribbon gateway structure. The City Council would consider approval of these enhancements and subsequent Contract Change Orders No. 1 through 5 of the Project contract. Vm. Hildenbrand asked about the different look of the Eternal Ribbon in the presentation. Mr. Del Rosario stated that the picture in the presentation showed the structural members of the monument. It would be covered with stainless steel skin plates. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 G`~YOFDIjB~y REGULAR MEETING i9~~~ir~~~ October 6, 2009 ~\ ~ ~~ ~4GIFpR~~ io o~ ~s DRAFT Cm. Hart asked if any thought had been given to birds resting on the monument. Mr. Del Rosario stated he did not have that information and would come back to the City Council with information. Cm. Hart asked if all City entry signs would be replaced with new signs. City Manager Pattillo stated new signs would be phased in as old signs needed to be replaced. Cm. Hart asked if there would be a sign at Amador Plaza Road. Would these signs be lit? Mr. Del Rosario stated there would be a sign at Amador Plaza Road. They would not be lit. Cm. Hart asked that information about the eternal ribbon be placed on the City website. Vm. Hildenbrand asked who owned the property next to where the eternal ribbon would be located and "could they be asked to keep up the property. Assistant City Manager Chris Foss stated it was owned by Dublin Honda and Staff would contact Dublin Honda. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the Gity Council adopted RESOLUTION NO. 148 - 09 AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO APPROVE SUBSEQUENT CHANGE ORDERS BASED ON THE APPROPRIATED FUNDS DESIGNATED FOR CIP NO. 960012 UP TO THE REMAINING CONTINGENCY AMOUNT OF $353,989 NEW BUSINESS Request from Vice Mayor Hildenbrand to Designate Two Streets for Naming by a Nonprofit Organization 8:16 p.m. 8.1 (820-60) Director of Public Works Melissa Morton presented the Staff Report and advised that the City Council would consider approving a request from Vice Mayor Hildenbrand to designate one street in the Schaefer Ranch development and one street in the Fallon Crossings development for naming by a nonprofit organization. If approved, the naming of the two streets would be auctioned to benefit Dublin Partners in Education (DPIE), a nonprofit organization in Dublin. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 28 '~oF~i~ REGULAR MEETING i9~~~'/~~a~ October 6, 2009 `~ ~4GIFpR~S ~ ~ ~- ~5 DRAFT Vm. Hildenbrand asked about previous street names that had been auctioned and those streets not yet named. Ms. Morton stated she had been in touch with individuals who had bid on those streets letting them know that those streets had not yet been mapped. On motion of Mayor Sbranti, seconded by Cm. Scholz and by unanimous vote, the City Council approved the request to designate one street within the Schaefer Ranch development and one street within the Fallon Crossings development for naming by a nonprofit organization subject to the provisions of the City of Dublin's Policy for Street Naming By or For Benefit of Nonprofit Organizations. Revisions to the Sales Tax Reimbursement Program 8:22 p.m. 8.2 (470-20) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that Staff was proposing a revision to the current Sales Tax Reimbursement Program that extended the reimbursement period to 10 years for participants that generated $500,000 or more in new annual sales tax revenue to the City. This revision would provide targeted assistance to the City's economic development efforts to backfill the large vacancies in the Downtown and attract users in other areas within the City that allowed for regional or general commercial development. Cm. Biddle confirmed that this program would be reviewed in 2011. Ms. Maurer stated yes, the program would be reviewed in 2011, and had been set for two years to see if it was an effective tool. Cm. Hart asked what "targeted" assistance meant. Ms. Maurer stated targeted meant in particular areas in the City, such as Downtown Dublin. On motion of Cm. Biddle, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 149 - 09 REVISING AND RESTATING THE GENERAL PROVISIONS OF THE CITY'S SALES TAX REIMBURSEMENT PROGRAM DUBLIN CITY COUNCIL MINUTES 11 VOLUME 28 ~~yOF~DUR. REGULAR MEETING i~Y'/~'~y~~ October 6, 2009 ~\ ~ ~~ ~4LIFOR~~ 1a~{-15 DRAFT Report on Impact of State Law on Potential Scope of Amendments to Dublin Municipal Code Chapter 2.28 Relating to Campaign Contributions 8:26 p.m. 8.3 (630-20) City Attorney Bakker presented the Staff Report and advised that the City Council would consider a report from the City Attorney analyzing whether, and to what extent, Chapter 2.28 of the Dublin Municipal Code should be revised to ensure consistency with state law, and describing the scope of permissible amendments to the chapter. Mayor Sbranti stated he would support allowing campaign transfers. By consensus, the City Council supported allowing campaign transfers. Vm. Hildenbrand stated she would support raising the limit of campaign contributions to $400 or $500. Cm. Hart stated he would like to eliminate the limit or set it at $500. Cm. Scholz stated she would not like to eliminate the limit, but could support a $400 or $450 limit. Cm. Biddle stated he would like to keep the limit reasonable, but would not like to see it eliminated. Mayor Sbranti stated the argument against having a limit was that another entity could spend a large amount on a candidate without the candidate's knowledge. Because Dublin has had reasonable campaigns, he would favor a $500 limit. He would not want to go over $500. By consensus, the City Council directed Staff to return with an amendment to the Dublin Municipal Code Chapter 2.28 Relating to Campaign Contributions allowing campaign transfers and raising campaign contributions limits to $500. Code Enforcement Policy Update 8:40 p.m. 8.4 (450-20) Community Development .Director Jeri Ram presented the Staff Report and advised that the City Council would review the Code Enforcement Policies and Procedures for the Community Development and Public Works Department and consider adopting minor modifications to the existing policies. Cm. Hart asked if there were sections of the Municipal Code that could not be enforced proactively or without absence of a complaint. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 28 REGULAR MEETING ~oFOO~i 19~ `~" ~~ October 6, 2009 ~ ~ ~\ ~ ~~ ~ac~FOC~~'m ~3 ~- ~5 DRAFT Ms. Ram stated there were many aspects to the Municipal Code that were not listed for proactive enforcement. Cm. Hart asked if the Code Enforcement Officer was allowed to investigate any code violation within the Municipal Code. City Manager Pattillo stated Staff was checking to see what standards the City Council wanted to set, such as reviewing by complaint basis. The City did not have staffing to do everything proactively. Cm. Hart stated his advocacy would be for the Code Enforcement Officers to have some variance to the degree which they could investigate Municipal Code violations. City Manager Pattillo stated the Code Enforcement Officer could do that if they viewed a violation, but they were not out actively looking for these violations. Cm. Scholz asked if the City received many complaints. Could it be that citizens were not aware of regulations? Ms. Ram stated the number of complaints varied. The City did not have a lot of complaints compared to other cities. There might be citizens that were just unaware of the regulations. The Code Enforcement Officers had brochures to hand to residents as informational pieces. Mayor Sbranti .commented that the number of cases closed in 2008-2009 was higher than in 2007- 2008. Was this a result of having another Code Enforcement Officer? Had she noticed any trends? What were some of the most common complaints? Ms. Ram stated yes, it could be the addition of another Code Enforcement Officer. Some of the most common violations related to property maintenance, including inoperable vehicles and dilapidated fences. Liz King, Dublin resident, requested that real estate signs be allowed to be displayed seven days a week. Cm. Hart stated he disagreed with having real estate signs displayed seven days a week. He did support Staff's recommended changes as outlined in the Staff Report. On motion of Cm. Biddle, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 150 - 09 ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, PROPERTY MAINTENANCE ORDINANCE, AND ENCROACHMENT PERMITS; AND RESCINDING RESOLUTION N0.6-00 DUBLIN CITY COUNCIL MINUTES 13 VOLUME 28 `~OFDp REGULAR MEETING rn ~1/ .u October 6, 2009 '~~~~~ DRAFT i~ ~ ~5 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) 9:03 p.m. Cm. Biddle stated he attended a conference on Economic Development; he attended the memorial service for Danville Town Councilmember Mike Shimansky and the Muslim Community Center Picnic. Vm. Hildenbrand stated she had attended a Stopwaste.org meeting and a Livermore Amador Valley Transit Authority (LAVTA) meeting. She shared information regarding a gift card program from the City of Long Beach that would target a particular area of a city. Cm. Scholz stated she attended the Dublin 101 class last Thursday. She also attended the Tri-Valley Mayors Summit. Cm. Hart stated he attended the Tri-Valley Mayors Summit. He asked for information regarding the Dublin San Ramon Services District (DSRSD) pharmaceutical drop off program. Assistant City Manager Chris Foss stated he had spoken to Ken Mercer of Valley Care Hospital and he would be arranging communication between the hospital and DSRSD to have a collection point at Valley Care. Vm. Hildenbrand asked if Staff could contact Kaiser. Mr. Foss stated he would contact the parties. The City Council asked that an update be placed in the Council newsletter regarding the pharmaceutical drop off program. Mayor Sbranti stated he enjoyed the Tri-Valley Mayors Summit and he had attended a LAVTA meeting. The City had received Stimulus grant funds in excess of $186,000 for energy efficiency programs within the City. Dublin High Homecoming had taken place last weekend. The Dublin Reads Program would take place again. He stated he would be hosting a book discussion as part of this program. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 28 `,~oFDliB REGULAR MEETING m ~ October 6, 2009 '`~~~~~~ ~'1GIFOR~~ DRAFT ADJOURNMENT 10.1 i5 ~f ~5 There being no further business to come before the City Council, the meeting was adjourned at 9:21 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 15 VOLUME 28 `,for REGULAR MEETING ni Yi/ a~ October 6, 2009 '~\~~~~~ ~trroR~'