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HomeMy WebLinkAboutItem 4.01 Draft 04-05-2011, 04-19-2011 Reg, Sp Min~ a3 ~. DRAFT ~~ O~' DU~~~ MINUTES OF THE CITY COUNCIL ~,`, OF THE CITY OF DUBLIN - - ~~$~ REGULAR MEETING - April 5, 2011 , C;~ /// ~ .i~, CLOSED SESSION A closed session was held at 6:34:41 PM , regarding: I. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Section 54956.9(c) of the Government Code: 1 case . II. ~CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Elite-Landscaping, Inc. v. City of Dublin, Alameda County Superior Court, RG11555497 III. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: City of Dublin v. AA Label, Inc., Alameda County Superior Court, RG11561163 IV. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5777 Scarlett Court, Dubfin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment V. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 6438 Sierra Court, Dublin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment ~i A regular meeting of the Dublin City Council was held on Tuesday, April 5, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was cafled to order at 7:06:58 PM , by Mayor Sbranti. ~% DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 ~OFDp~ REGULAR MEETING a~~,~,~~~ APRIL 5, 2011 ~~ ~ ~ . ~'1GIFOR~~` ~ ~3 ~ DRAFT ROLL CALL 7:07 PM PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: ~ PLEDGE OF ALLEGIANCE 7:07 PM The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~i REPORT ON CLOSED SESSION ACTION 7:07:29 PM Mayor Sbranti stated the Closed Session would resume after the Regular Meeting. ORAL COMMUNICATIONS Rotarv Superstars 7:11:29 PM 3.1 (610-50) Ms. Janine Thalblum, Community Service Chair of the Dublin Rotary Club, recognized the winners of the Dublin Rotary Superstars: Senior Civil Engineer Frank Navarro of the City of Dublin; Assistant Fire Chief of Operations Rob Schnepp of the Alameda County Fire Department; and Sheriff's Technician Nancy Melanson of the Alameda County Sheriff's Department. The City Council received the report. ~ DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 G`~oFDO~ REGULAR MEETING 19,~~"'~~~~ APRIL 5, 2011 ~ ~~ ~ ~ ~`1GI1^pR~~~ 3 a3 ~ DRAFT Public Comments 7:24:38 PM 3.2 Paul Haley and Kim Niokis of the Women's Professional Soccer Association informed the City Council that they were in the beginning stage of forming the team which will be called the Bay Area Breeze and based in Dublin. ~--~i CONSENT CALENDAR 7:34:48 PM Items 4.1 through 4.8 On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of March 15, 2011; Adopted (4.2 600-60) RESOLUTION NO. 28 -11 ACCEPTING THE IMPROVEMENTS FOR TRACT 7524 (NEIGHBORHOOD H-2, PHASE 2, DUBLIN RANCH AREA G,) Adopted (4.3 410-50) and RESOLUTION NO. 29 -11 APPROVING FINAL MAP FOR TRACT 7540, SILVERA RANCH, PHASE 4 RESOLUTION NO. 30 -11 ACCEPTING PARK LAND DEDICATION IN-LIEU FEES PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7540, SILVERA RANCH, PHASE 4 DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 G~~y0EDU8~ REGULAR MEETING 19~~~~~~ APRIL 5, 2011 ~ ~~ ~ ~~ ~4G1 R~~ y a3 ~ DRAFT Adopted (4.4 600-30) RESOLUTION NO. 31 -11 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND INTERWEST CONSULTING GROUP Adopted (4.5 340-80) RESOLUTION NO. 32 -11 PARTIAL RELEASE OF SECURITY FOR TRACT 7855, NEIGHBORHOOD C-3, POSITANO/ FALLON VILLAGE Adopted (4.6 410-50) and RESOLUTION NO. 33XX -11 APPROVING THE FINAL MAP FOR TRACT 8050, NEIGHBORHOOD "C-3" POSITANO/FALLON VILLAGE RESOLUTION NO. 34 -11 ACCEPTING PARKLAND DEDICATION CREDITS AND FEES FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 8050 Authorized (4.7 600-40) 1) A budget change in the amount of $25,000 with approval for the City Manager to administratively increase this amount up to an additional $25,000, based on the cooperating agencies determination that additional contributions from the member are required; 2) Authorized the City Manager, in consultation with the City Attorney, to execute a cooperation agreement with the other members of ACAP; and 3) Confirmed and authorized the City Manager to enter into contracts to be funded from contributions made by the member agencies to a special trust fund held by the City of Dublin. Approved (4.8 300-40) Check Issuance Reports and Electronic Funds Transfers. ~ DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 G~,~oFOOe~ REGULAR MEETING r9,~~~~~ APRIL 5, 2011 ~~ ~ ~~ ~'4GIFOR~~ ~~ ~ V DRAFT WRITTEN COMMUNICATIONS Request for the Placement of Purple Ribbons on City Street Trees to Recoqnize the American Cancer Societv's "Paint Your Town Purple" Campaipn 7:35:12 PM 5.1 (130-60) Assistant City Manager Chris Foss presented the Staff Report and advised that the City Council would consider Tammy Goldstein's request for the placement of Purple Ribbons on City street trees to recognize the "Paint Your Town Purple" Campaign. Mayor Sbranti presented a proclamation to Tammy Goldstein, Relay for Life Cancer Association representative. The City Council approved the placement of purple ribbons on City Street trees. ~ ~i PUBLIC HEARINGS Introduction of an Ordinance Extending the Temporarv Suspension of the Public Art Requirement for Residential Proiects 7:42:22 PM 6.1 (450-20) Mayor Sbranti opened the public hearing. Heritage and Cultural Arts Manager John Hartnett presented the Staff. Report and advised that, in April 2009, the City Council introduced and adopted an ordinance "Temporarily Suspending the Public Art Requirement for Residential Projects in excess of 20 units" for a two-year term, which expires in May 2011. Staff was directed by the City Council to review the state of residential development in the City towards the end of the two year suspension, in order to make a recommendation to possibly extend the suspension for an additional period of time. Given the fact that the economic downturn was continuing to affect Dublin, Staff was recommending that the current ordinance suspending the public art requirement for residential projects be extended for two more years. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Cm. Biddle suggested dropping the proposed finro-year suspension to one year and asked about the financial impact should the change be implemented. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 `~~~F ~oe REGULAR MEETING i;~~~,~ APRIL 5, 2011 ~\ ~ ~~ C'1LIFpRN~ ~ ~ ~ DRAFT Mr. Hartnett stated that he could not state what the impact would be because it was dependent upon development and whether the ordinance would be applicable at that time. Cm. Swalwell stated his support for the Heritage and Cultural Arts Commission decision to suspend the public art requirement. Vm. Hart stated his opposition for the two-year suspension of the public art requirement and asked the City Council consider reducing the requirement by fifty percent or half of what was previously imposed to the developers before this suspension. Cm. Hildenbrand stated her opposition to the finro-year extension and stated that this requirement added value to the community, and concurred with Vm. Hart that reduction of fees should be considered. Mayor Sbranti stated his support for the suspension due to all of the development movement occurring in the City and felt the suspension of this requirement did not compromise the quality of the residential communities being developed. On motion of Mayor Sbranti, seconded by Cm. Biddle and by a majority vote (Vm. Hart and Cm. Hildenbrand voting no), the City Council waived the reading and introduced an Ordinance Temporarily Suspending the Provisions of Sections 8.58.050.A and 8.58.050.D of the Dublin Municipal Code Relating to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units, with the change for the duration of one year as opposed to two years. ~,i Weeds and Combustible Refuse Abatement Order 8:04:49 PM 6.2 (540-50) Mayor Sbranti opened the public hearing. Fire Marshal Bonnie Terra presented the Staff Report and advised that, in accordance with Resolution No. 12-11 (adopted February 15, 2011), the City Council declared that there was a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this was posted and letters sent to those property owners with violations. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council directed Staff to continue the weed abatement process. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 G`~,~OF Dp~ REGULAR MEETING 19,~„'~~~ APRIL 5, 2011 ~\ ~ ~ ~4GlFOR~1~` ~ ~3 ~ DRAFT .~ _ _ ____ - -_~ _. Zoning Ordinance Amendments - Amendments to Title 8 of the Dublin Municipal Code (Zoninq Ordinance) related to Implementation of the 2009-2014 Housinq Element 8:10:21 PM 6.3 (430-20) Mayor Sbranti opened the public hearing. Senior Planner Marnie Waffle presented the Staff Report and advised that, on March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009-2014 planning period and on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development. The Housing Element contained programs that defined the specific actions the City would undertake to achieve the goals and policies set forth in the Housing Element. Some of the programs. required that the Zoning Ordinance be amended to facilitate the development of a variety of. housing options. The proposed Zoning Ordinance Amendments included amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the addition of Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). The City Council would consider the proposed Zoning Ordinance Amendments. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by unanimous vote, the City Council introduced Ordinance amending Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts . and Permitted Uses of Larid), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and adding Zoning Ordinance Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). ~`'i UNFINISHED BUSINESS - None ~~ DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 G~~~OF DpB~~ REGULAR MEETING 19'~~"'~~~~ APRIL 5, 2011 ~~ ~ ~ ~'1L/FOR~~~ ~ ~~ ~ DRAFT NEW BUSINESS Dublin Heritaqe Park and Museums Dedication Event 8:15:24 PM 8.1 (295-10) Heritage Center Director Elizabeth Isle presented the Staff Report and advised that the City Council would receive a report on the proposed plans for the Grand Opening and Dedication of the Dublin Heritage Park & Museums. By consensus, the City Council approved the proposed plan for the Grand Opening of the Heritage Park & Museums and selected July 2, 2011, as the preferred date for the event based on the Kolb Family attendance. ~i. Replacement of Dav on the Glen Festival 8:33:~09 PM 8.2 (950-40) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that Staff would be presenting a report on the results of a community survey conducted in November, 2010 which suggested that the community supported conducting a second festival in Dublin. Based on the survey, Staff was recommending offering a second festival starting in fall 2012 that would incorporate some of the popular elements of Day on the Glen, yet have a new theme and features (OctoberFest/German culture influence or Blues Festival). Cm. Swalwell stated he was not in favor of either proposed event, and would recommend a pasta and wine festival. He stated that a holiday themed event would be more receptive to the community. Mayor Sbranti stated that he was not fond of the barbecue/Blues Festival event occurring at ' Emerald Glen Park. However, he felt this type of event would be better received at the Heritage Park. He stated the OctoberFest appeared to have its own challenge due to similar events already occurring in the Bay Area causing competition. Mayor Sbranti suggested a pasta and wine festival with an arts element event or a multi-cultural international bazaar festival. Cm. Hildenbrand stated that, if she had to pick from the two events presented, she would choose the barbecue/Blues Festival type of event especially with at cook-off element to engage the community. She would be receptive to a location change and added that scheduling the proposed event during soccer season could impact attendance, and was not opposed to the pasta and wine type of festival but felt the barbecue/blues festival would provide greater mass appeal. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G`~q~FOUB~ REGULAR MEETING 19,~~~~~ APRIL 5, 2011 \~ ~ 1~ ~'1G/FOR~~` ~' ~3 ~ DRAFT Vm. Hart stated he would prefer to push this back to the Parks and Community Services Commission to come up with more ideas but did state his preference would be to relocate to the Heritage Park to showcase to the community and not exclude Fallon Sports Park. Marketing, location, and entertainment would determine the success of any event. Cm. Biddle stated the international bazaar could encompass just about all of the ideas mentioned, and that the Parks and Community Services Commission could include this in their report. City Manager Pattillo clarified that the Staff report presented was a result of the Parks and Community Services Commission discussion and if the direction was to change the venue completely from what was presented, then clear direction would be required. Cm. Swalwell suggested Staff and the Parks and Community Services Commission bring back a report to include pasta, wine and music elements as well as the bocce ball court to add interest to the event, and discuss further. Parks and Community Services Director Diane Lowart stated that when the report was brought back to the City Council with the noted suggestions, there would also be a report of the grand opening of the Heritage Park and Museum line-up of Saturday events that could include many of the ideas mentioned. City Manager Pattillo stated that this item would be followed up with a report from the Parks and Community Services Department and Commission. The City Council received the report and directed Staff to return with alternative event themes. , ~`i OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expens.e (AB 1234) 9:15:02 PM City Manager Pattillo had nothing to report. Cm. Swalwell stated he attended the East Bay Division League dinner, ABAG Sustainable Communities Strategic Initial meeting, the Alameda County Fire Department, and Fire Operations 101. Cm. Hildenbrand asked for participation at the East Bay Division League Annual Bocce Ball Tournament on April 19t", and asked Staff that when explosives were being set off at the Alameda County Sheriff's Training Center and Camp Parks, to let Dougherty Elementary School know. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 G`~OFD~~ REGULAR MEETING a~~,~,~~~ APRIL 5, 2011 ~ \\~~~% ~ ~f1G/FpR~~~ l _ ~3 DRAFT City Manager Pattillo stated that she had discussed the issue of providing notice when possible with Chief McCarthy. ~ Cm. Biddle stated that he attended the Alameda County Housing Authority orientation, the homecoming of Lt. Jeff Salem; and a Waste Management Authority Board meeting. Vm. Hart stated he attended the homecoming Lt. Jeff Salem, the Alameda County Fire Department, Fire Operations 101, and asked that the City Council reconsider the language in the current ordinance regarding eligibility for the type of organization that could be included in the draw to sell fireworks. Fire Marshal Bonnie Terra stated that there were several requirements in the ordinance that profits from the sale of fireworks would benefit the City of Dublin and had been in effect for more than ten years. City Manager Pattillo stated that Staff would bring back an analysis. However, the application process had already begun. Mayor Sbranti stated he attended the Women's Club for the Annual Student Art Contest, the St. Patrick's Day luncheon, and the Livermore Amador Valley Transit Authority Board meeting. ~i The City Council reconvened to Closed. Session at 9:37:18 PM. ~i 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 10:17 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Dora Ramirez, Deputy City Clerk. Mayor ATTEST: Deputy City Clerk DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 G`~OFDp~~ REGULAR MEETING 19'~~~~~ APRIL 5, 2011 ~~ _~ ~ ~~~r~g~~ DRAFT ~~~' DU~~~ MINUTES OF THE CITY COUNCIL ~,,` OF THE CITY OF DUBLIN -- ~ /~1~.~ l8l~ REGULAR MEETING - April 19, 2011 ' \\V _< ~', CLOSED SESSION 6:32:31 PM A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5501 DeMarcus Boulevard, #464; Dublin, CA Agency negotiator: Joni Pattillo Negotiating parties: Rene and Glenda Ayala Under negotiation: price and terms of payment II. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager ~~ a~ ~ A regular meeting of the Dublin City Council was held on Tuesday, April 19, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02:43 PM , by Mayor Sbranti. ~ ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: ~ PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~'i REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action taken during Closed Session. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 G`~yOF~ REGULAR MEETING m ~,r -~~ APRIL 19, 2011 '`~~~~~~ Gc~ e `~ DRAFT l~ ~3 ~ ORAL COMMUNICATIONS d Certificate of Recoqnition to Fallon Middle School Cheer Team 7:03:26 PM 3.1 (610-50) The City Council presented a Certificate of Recognition to the Fallon Middle School Cheer Team for recent accomplishments. Public Comrnents 7:24:50 PM 3.2 No comments were made by any member of the public at this time. CONSENT CALENDAR 7:25:00 PM Items 4.1 through 4.14 Cm. Hildenbrand pulled Item 4.2 for a separate vote. On motion of Cm. Swalwell, seconded by Vm. Hart and by unanimous vote,~ the City Council took the following actions: ~ Approved (4.1) Adjourned Regular Meeting Minutes of March 14, 2011; Accepted (4.3 600-35) the improvements under Contract No. 10-08, Village Parkway Stormwater Treatment Improvements, authorized Staff to file a Notice of Completion; and authorized the release of retention after 35 days if there are no subcontractor claim. Adopted (4.4 600-60) RESOLUTION NO. 35 - 11 PARTIAL RELEASE OF SECURITY FOR TRACT 8036, NEIGHBORHOOD C-1, POSITANO/ FALLON VILLAGE DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 ,~oFDne REGULAR MEETING 19i~~i~~~ APRIL 19, 2011 ~~ ~ ~~ ~ic~FOa~'m DRAFT Adopted (4.5 600-60) RESOLUTION NO. 36 - 11 l3 ~3 ~ ACCEPTANCE OF IN-TRACT IMPROVEMENTS FOR TRACT 7853, NEIGHBORHOOD "A ", POSITANO/ FALLON VILLAGE (BRADDOCK AND LOGAN) AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.6 600-60) RESOLUTION NO. 37 -11 PARTIAL RELEASE OF SECURITY FOR TRACT 8037, NEIGHBORHOOD C-2, POSITANO/ FALLON VILLAGE Authorized (4.7 930-30) a budget change to appropriate $28,893 in Measure B grant funding for the current year project expenses. Adopted (4.8 600-35) RESOLUTION NO. 38 -11 AWARDING CONTRACT NO. 11-04, STREET LIGHT POLE PAINTING CONTRACT TO COLOR NEW CO. Received (4.9 100.80) a quarterly status report on the adopted Fiscal Year 2010-2011 Goals and Objectives and Capital Improvement Projects. . Adopted (4.10 600-35) RESOLUTION NO. 39 -11 AWARDING CONTRACT NO. 11-02, ~ 2010-2011 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND CURB RAMP INSTALLATION TO WEBER TRACTOR SERVICE and authorized the City Manager to approve a potential Change Order in an amount not to exceed $33,399.02 ($10,047.68 General Fund for general sidewalk repairs and $23,351.34 Measure B Funds for Dublin High School frontage improvements) for the installation of additional sidewalk replacement locations based on unit prices in the contract awarded and subject to restrictions on grant funding; and 3) Approved budget change which will transfer in DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 REGULAR MEETING G`~OFDpB~y a, ~ ~~ ~ ~ APRIL 19, 2011 ~\ ~ ~~ ~~~~~~s DRAFT l~ a3 ~ the amount of $15,824 appropriated for improvements in the Annual Sidewalk Repair Project to the Americans with Disabilities Act (ADA) Transition Plan Project. Adopted (4.11 430-20) ORDINANCE NO. 4 -11 AMENDING ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.16 (AGRICULTURAL ZONING DISTRICTS), 8.20 (RESIDENTIAL ZONING DISTRICTS), 8.24 (COMMERCIAL ZONING DISTRICTS), 8.28 (INDUSTRIAL ZONING DISTRICTS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND ADDING ZONING ORDINANCE CHAPTERS 8.38 (REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES), 8.45 (EMERGENCY SHELTERS), 8.46 (SINGLE ROOM OCCUPANCY UNITS), 8.47 (SUPPORTIVE HOUSING), AND 8.50 (TRANSITIONAL HOUSING) CITY-WIDE ~ PLPA-2010-00022 Adopted (4.12 600-60) RESOLUTION NO. 40 -11 APPROVING AGREEMENT REGARDING PROPOSED PARK IN SORRENTO EAST Adopted (4.13 600-60) RESOLUTION NO. 41 -11 APPROVING PARCEL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 10027, ESSEX DUBLIN STATION Approved (4.14 300-40) Check Issuance Reports and Electronic Funds Transfers. ~~ Cm. Hildenbrand pulled Item 4.2, Adoption of Ordinance Extending the Temporary Suspension of the Public Art Requirement for Residential Projects (450-20), for a separate vote. On motion Cm. Swalwell, seconded by Mayor Sbranti and by majority vote (Cm. Hildenbrand and Vm. Hart voting no), the City Council waived the reading and adopted DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 REGULAR MEETING G`~OFDpB~y 19' ~ ~~ ~ ~ APRIL 19, 2011 ~~ ~ ~~ ~`~GIFOR~S DRAFT ORD/NANCE NO. 3 - 11 IS a3 ~b TEMPORAR/LY SUSPENDING THE PROV/S/ONS OF SECT/ONS 8.58.050.A AND 8.58.050.D OF THE DUBLIN MUNIC/PAL CODE RELATING TO PUBLIC ART CONTRIBUTION REQUIREMENTS FOR RESIDENT/AL PROJECTS IN EXCESS OF 20 UN/TS ~ WRITTEN COMMUNICATIONS 7:26:09 PM (245-20) Request from Bay Area Breeze Professional Women's Soccer Club to use Fallon Sports Park Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the City Council would consider a request from the Bay Area Breeze Professional Women's Soccer Club for use of the Fallon Sports Park at a reduced rate. Vm. Hart asked for more detail regarding the give away of tickets by the Breeze Team. Ms. Lowart stated the give away of tickets had been in generalities. The City planned to work with the community to give free tickets. At this point the team was not particularly interested in making money. They were interested in bringing people to the games. In terms of having the team involved in the community, they spoke of perhaps holding clinics. Vm. Hart asked how Staff envisioned defining what the benefits would be to the community, if approved .by the City Council. Ms. Lowart stated, if it was the desire of the City Council, Staff would recommend, at the end of their season, an evaluation of the value of what they did and if in fact, it was equal to the lost revenue to the City. Cm. Swalwell stated he was comfortable with giving the team a little bit of leeway and evaluating the tradeoff at the end of the season. Cm. Biddle suggested doing it for a year since the team was just forming and the relationship with the City was being developed and evaluating it in a year. Mayor Sbranti stated the City Council and the community would be very pleased with what that team was going to do. He was fine with reviewing it at the end of the season. The team was trying to get itself organized. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 ,,~oFOr,~ REGULAR MEETING ni ~ ~~~ APRIL 19, 2011 '~~~~~~ GwrnR~`° DRAFT ~~ a~ ~ Cm. Hildenbrand stated she wanted to encourage the team to stay in Dublin. She did not want to do anything that would have the team looking for other facilities elsewhere. Mayor Sbranti stated it could be looked at as lost revenue if others wanted to use the field at the same time, but the times were usually not in use. Vm. Hart stated that the City should have an agreement with the team because it was a dollar amount for the City. There should be some agreement, in writing, that said the City would waive the higher fee in exchange for something. City Manager Pattillo clarified that it was the City Council's direction to approve this request from April 18 - July 29, 2011. It was also City Council direction to have Staff meet with team to discuss milestones. She saw this as two step processes. The first being some discussion or dialogue about what this looked like, and then prepare a summary at the end of the season with a report to the City Council in August or September. Vm. Hart stated, as a public entity, he did not believe that having a gentlemen's agreement was the right thing to do. He wanted a document that stated in lieu of these fees, the team agreed to specific items. On motion of Mayor Sbranti, seconded by Cm. Swalwell and by unanimous vote, the City Council approved the request to reclassify the Breeze Soccer Team from a Group 4b (Individuals _ or Other Groups, Non-Resident) to a Group 2b (Dublin Sports League Organizations, Adult Sports League Organizations) and directed Staff to meet with the applicant to work on an agreement for the balance of the season, and for Staff to follow-up at the end of the season with a re~port to the City Council. ~ PUBLIC HEARINGS Adoption of a Resolution Approving the Tri-Valley Transportation Council Strategic Expenditure Plan 2011 Update and an Increase to the Tri-Vallev Transportation Development Fee 7:36:08 PM 6.1 (590-80/600-40) Mayor Sbranti opened the public hearing. Public Works Director Gary Huisingh presented the Staff Report and advised that in 2008, the Tri-Valley Transportation Council (TVTC) completed a Fee Nexus Study Update and developed ~ new Tri-Valley Transportation Development (TVTD) Fee amounts for member agency consideration. The Dublin City Council adopted a Resolution in 2008 approving the proposed new fee increases, which would have gone into effect on July 1, 2010, across all land use categories. The Resolution was later rescinded because not all seven TVTC member agencies DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 ~OFDp~ REGULAR MEETING a;~,C~r,~~~ APRIL 19, 2011 `\ ~ ~ Gc, R~'s DRAFT ~1 ~3 ~ approved the fee increases. TVTC has since developed an update to the Strategic Expenditure Plan that identifies fee allocations to specific transportation improvement projects and is reconsidering a fee increase to be enacted on January 1, 2012. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Vm. Hart stated that essentially there had been an issue with getting the approval of all seven agencies on issues. Mayor Sbranti stated, with the original Strategic Expenditure Plan, Pleasanton would not approve it and it was worked on for befinreen a year and a half and finro years. After that, the issue of the fee came up. There was concern voiced by both Dublin and Livermore which resulted in a 5-2 vote but was agreed upon after discussion and revisions. Therefore, the next issue was how to get items approved if there was not unanirimous approval. The compromise was that an item could be approved with a minimum of 6-1 vote, which was before the City Council tonight. He asked that the City Council support the fee and Strategic Expenditure Plan as presented. Vm. Hart asked for clarification on the fee increase. Mr. Huisingh stated Table 1 in the Staff Report showed the proposed increase. Mayor Sbranti stated it had been eight years since a fee increase. Vm. Hart stated he was not comfortable right now raising fees, but he would support the item conceptually. ~ Mayor Sbranti stated the fee could be a lot higher. Cm. Hildenbrand stated she supported the finro portions of this item. Cm. Swalwell stated he agreed with both portions of this item also. Cm. Biddle stated he also agreed with both portions of this item. Vm. Hart stated he was very supportive of the change to the JEPA regarding approval of items with a 6-1 vote. He was not supportive of the percentage of the fee increase. By consensus, the City Council voted on the proposed resolution with two votes: On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted the portion of Resolution No. 42-11 regarding Approving the 2011 Strategic DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 REGULAR MEETING G`,~y0F~U8~y a' ~ ~~ APRIL 19, 2011 ~ ~ ~\ ~ ~~ ~4GIFpR~~ DRAFT l~ a~ ~ Expenditure Plan Update Pursuant to the Requirements of the Joint Exercise of Powers Agreement. On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by majority vote (Cm. Hart voting no), the City Council adopted the portion of Resolution No. 42-11 Amending the Tri-Valley Transportation Development (TVTD) Fee Schedule. and directed the City of Dublin's TVTC representative to approve the proposed modification to the MC Joint Exercise of Powers Agreement that would allow amendments to the MD Fee schedule and the Strategic Expenditure Plan to be approved by a 6-1 vote, rather than by a unanimous vote. ~ ~ UNFINISHED BUSINESS - None ry,,. NEW BUSINESS Report on 2011 Dublin Pride Week Activities 7:57:25 PM 8.1 (150-80) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would receive a report on the planned activities for the 2011 Dublin Pride Week, scheduled for May 7- May 14, 2011. The City Council received the 2011 Dublin Pride Week activities report. ~i 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) 8:07:20 PM Cm. Swalwell stated he attended the Association of Bay Area Governments (ABAG) Assembly and would be attending the East Bay Division Bocce ball tournament. Cm. Hildenbrand stated she would also be attending the East Bay Division Bocce ball tournament and she had attended the Camp Parks land swap agreement signing. Cm. Biddle stated he attended the East Bay Division Service Committee meeting, a Waste Management meeting, the Alameda County Housing Authority meeting, and had attended part DUBLIN CITY COUNCIL MINUTES 8 ~ VOLUME 30 `~OFDp~ REGULAR MEETING n; ~ ~a APRIL 19, 2011 '~~~~~~ ~~POR~ DRAFT ~~ a.~ ~ of the ABAG meeting. He stated he had participated in an Economic Development business visit with Hexcel. He also attended a City of Dublin/Dublin Unified School District (DUSD) Liaison meeting. Vm. Hart stated he attended the City of Dublin/DUSD Liaison meeting. City Manager Pattillo clarified that, at the City of Dublin/DUSD Liaison meeting, there had been discussion of the discovery of a utility tax. There was a desire to test it. There had been no decision to move forward at this point. The discussion about the swim center in the west was to look at the options. There had not been direction given at this meeting. Mayor Sbranti stated he attended the Camp Parks land swap signing, an Alameda County Transportation Committee meeting, the East Bay EDA meeting, the opening of the Bay Area Breeze Team, the Hexcel Business Visitation, and the Rotary Superstar luncheon. ~ Cm. Hildenbrand stated the City had been selected as an All America City finalist. ~i ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:20:00 PM 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 9 VOLUME 30 G`~OFD[~~ REGULAR MEETING a'~~~~~ APRIL 19, 2011 ~~ ~ ~ ~'1G1FpR~~ DRAFT ~~0~' DU~~~ MINUTES OF THE CITY COUNCIL ~``~ OF THE CITY OF DUBLIN -- ~ ~~$~ SPECIAL MEETING - APRIL 19, 2011 '\~:'<l~ a~ A special meeting of the Dublin City Council was held on Tuesday, April 19, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 5:35:25 PM , by Mayor Sbranti. , , ~/ ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: ~ PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~ 2. Public Comments 5:35:55 PM No comments were made by any member of the public at this time. 3. Proposed Revisions to the City of Dublin's Mission, Vision and Values and 10-vear Strateqic Plan 5:36:01 PM 100-80 Senior Administrative Analyst/Budget Manager Amy Cunningham presented the Staff Report and advised that the City Council would review and approve the proposed revisions to the City's Mission, Vision and Values, as well as to the 10-Year Strategic Plan for Fiscal Year 2011-2012. There were no comments or questions from City Council. DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~,~~oFbo~ SPECIAL MEETING ~n y APRIL 19, 2011 '~~~~~~ c~,~, ~,m ~I ~ ~.3 DRAFT On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote, the City Council reviewed and approved the proposed revisions to the City's Mission, Vision, and Values, as well as to the 10-Year Strategic Plan for Fiscal Year 2011-2012. Final approval of the Strategic Plan will take place at the Budget Hearing in June 2011 ~/ 4. Fiscal Year 2011-2012 Budget Study Session #2: Further Direction from Citv Council on Budqet Preparation 5:40:48 PM 330-20 City Manager Pattillo presented the Staff Report and advised that this report provided additional information on the impact of Fiscal Year 2011-2012 Key Initiatives discussed by the City Council at the first Budget Study Session held on March 14, 2011. City Manager Pattillo asked for agreement or questions regarding the General Government section of initiatives. Mayor Sbranti stated his desire for a new consultant to perform the audit services for the City. City Manager Pattillo referred to Initiative G, "Develop and distribute an Annual Report on City Accomplishments", and stated that this was City Council's direction from .the Goals and Objectives Study Session to implement the annual report. Mayor Sbranti stated his preference that the new City Annual Report be thorough and concise. City Manager Pattillo stated that the newsletter would include a human element such as a story of someone who has benefited from the City's affordable housing program or recreation program and the final product would be available in both electronic and paper versions. City Manager Pattillo reviewed the Public Safety Program initiatives and asked the City Council forfeedback. Cm. Biddle questioned Item E, "Expand 'Crossing Guard Services to Kolb School" and asked if the Dublin Unified School District had determined how many guards would be needed. City Manager Pattillo stated that discussions had occurred with Staff and the recommendation would be proposal #1 for one crossing guard. However, pending completion of the sidewalk to alleviate resident concerns, Staff is providing for consideration two crossing guards and asked for City Council feedback on selection of which option to budget. Cm. Hildenbrand proposed proposal #2 for two crossing guards be implemented with the understanding that once the sidewalks were completed, the City could reduce the crossing guard service to proposal #1 for one crossing guard. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 G`~yOF Dp~ SPECIAL MEETING rn ~ a~ APRIL 19, 2011 '\~~~~~~ Gc~ a ~~ a3 DRAFT City Manager Pattillo reviewed the Transportation program initiatives and asked the City Council forfeedback. Vm. Hildenbrand asked for clarification of Item D, "Explore feasibility of implementing Tree City USA program." City Manager Pattillo stated this was a nationwide program which required certain criteria, which could be explored. City Manager Pattillo continued the review with the Health and Welfare program initiatives and asked the Gity Council for feedback. Mayor Sbranti asked about Item B, "Provide support to the Tri-Valley Housing Opportunity Center", and stated that the City already provides support and asked for an explanation as to why this was listed as an initiative. City Manager Pattillo stated that there were ongoing challenges facing the Tri-Valley Housing Opportunity Center requiring additional Staff assistance and grants. This would be recognition of that assistance. Vm. Hart asked for clarification of Item E, "Develop a tobacco retailer license system", and asked for further explanation of what this would accomplish. City Manager Pattillo stated that this would create a healthy and environmentally sustainable community, and noted that this would be an exploration of the opportunities and challenges associated with this initiative. ~ Cm. Biddle asked for specifics of Item F, "Develop zoning restrictions that would require a Conditional Use Permit for businesses to sell tobacco products within 1,000 feet of schools, residential neighborhoods, libraries, etc." City Manager Pattillo stated that this would be an exploration of the findings which would be brought back to City Council for discussion. City Manager Pattillo reviewed the Culture and Leisure Services program initiatives and asked the City Council for feedback. Mayor Sbranti stated that Item K, "Undertake development of design and construction documents for Emerald Glen Park Recreation and Aquatic Complex", would provide answers to the long term benefits and challenges this project would bring the community. Vm. Hart asked for clarification of Item P, "Report on phasing options and costs for Fallon Sports Park to include two new soccer fields (both turf and grass options) and a 90-foot baseball~diamond". DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 G~~oFOUe~ SPECIAL MEETING n, ~ ~~~ APRIL 19, 2011 '~~~~~~~ GwFOa~'`° DRAFT ~ ~~ ~ City Manager Pattillo stated that this item would provide cost implications of moving forward with this phase of Fallon Sports Park. City Manager Pattillo reviewed the Community Development program initiatives and asked City Council for feedback. Vm. Hart asked for clarification of Item G, "Oversee construction of St. Patrick Way between Golden Gate Drive and Regional Street", and asked why the entire street could not be reconstructed, as opposed to the proposed section. City Manager Pattillo stated that discussions had been held with all interested parties and did not have willing participants. City Manager Pattillo asked the City Council for feedback on Items N, O, P, and Q, which related to the development of an Economic Development Strategy. Vm. Hart stated that this was a wise investment in the community and supported the initiatives. Cm Swalwell stated his support for the initiatives, and asked if the costs presented would include marketing expenses as well. City Manager Pattillo stated that it would not, and reports would be brought back to City Council as was general practice. The costs presented would be for the development of the strategy. City Manager Pattillo concluded the review of all proposed initiatives and summarized the total cost estimates and. funding sources which would be approved at the June City Council Budget Hearing, confirmed for June 21, 2011, at 5:30 pm. The City Council directed Staff to move forward in the budget process with all of the proposed initiatives to be included in the Fiscal Year 2011-2012 Preliminary Budget. d/ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 6:31:26 PM to the Regular City Council meeting. Minutes prepared by Dora A. Ramirez, Deputy City Clerk. Mayor ATTEST: Deputy City Clerk DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 SPECIAL MEETING G`,EIOF DUB~y 19~ ~ ~~ ~ ~ APRIL 19, 2011 ~~ ~ ~ GIG/FOR~~