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HomeMy WebLinkAboutItem 4.01 Draft 5-4-10 CC MinDRAFT ~ or~ DU~~ MINUTES OF THE CITY COUNCIL ~~,,` OF THE CITY OF DUBLIN ~~$~ REGULAR MEETING - Mav 4, 2010 '"~\~~ ~ ~~ CLOSED SESSION A closed session was held at 6:29:20 PM , regarding: ~ ~~ ~~ I. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case Existing facts and circumstances: Letter from Elite Landscaping, Inc., dated March 12, 2010 II. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case •` A regular meeting of the Dublin City Council was held on Tuesday, May 4, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order 7:06:11 PM , by Mayor Sbranti. • ROLL CALL PRESENT: Councilmembers Biddle, Hart, and Scholz and Mayor Sbranti. ABSENT: Vice Mayor Hildenbrand •~ 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. •~ DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 ~ REGULAR MEETING 19;` ,_* ~~ May 4, 2010 ~~~ l , ~• ~ DRAFT ORAL COMMUNICATIONS O~ ~ / ~~ Proclamation - Mormon Helpinq Hands 2010 7:06:49 PM 3.1 (610-50) The City Council presented a proclamation to Kendall Cooper, President of the Pleasanton Stake of the Church of Jesus Christ of Latter Day Saints, in recognition of May 8, 2010 as "Mormon Helping Hands Day". Mr. Cooper presented a short video on Helping Hands work projects. • Dublin Housinq Committee's Accomalishments and 2010 Housinq Opportunities 7:15:02 PM 3.2 (610-50) Housing Specialist John Lucero presented the Staff Report and advised that, in recognition of East Bay Housing Organization (EBHO) Affordable Housing Week, May 7- May 16, 2010, the City Council would recognize the Dublin Housing Committee members and Tri-Valley Housing Opportunity Center for their outstanding service to the Dublin Community. Cm. Scholz asked if the number of homes lost in Dublin was known. She also asked if City knows how many homeless were in Dublin? Mr. Lucero stated that he did not know the number of foreclosed homes in Dublin, but would get that information. In regard to the number of homeless, that number would be tallied with the current census. Mayor Sbranti stated that he had recently viewed a presentation that stated the County foreclosure rate was higher than that of the City. The City Council recognized the Dublin Housing Committee members with Certificates of Appreciation for their outstanding service to the Dublin Community and presented the Tri-Valley Housing Opportunity Center with a proclamation naming the week of May 7- May 16, 2010 as "Housing Opportunities Week" in the City of Dublin. Jackie Rickman, representative of the TVHOC, thanked the City for the proclamation. TVHOC would be having an open house on May 15, 2010. Mayor Sbranti asked what changes had taken place at the TVHOC in the last few years. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 REGULAR MEETING ` 19/ ~~~} \1\ May 4, 2010 ~~~~ ~~ ~ ~~ 5~ DRAFT Ms. Rickman stated there had been changes in people needing more financial education and families being helped through the one-stop education. The past three years had indeed seen changes at the NHOC. • Annual Fire Department Update and Introduction of New Employee, Deputv Fire Chief Demetrious N. Shaffer, Alameda Countv Fire Department IACFD) 7:32:40 PM p.m. 3.3 (540-60/700-10) Alameda County Fire Chief Sheldon Gilbert presented the Staff Report and updated the City Council on the Fire Department's Strategic Planning process, recent consolidations, and other projects that the department was currently undertaking. Additionally, the Chief introduced ACFD's newest Deputy Fire Chief, Demetrious Schaffer. The City Council received the report and welcomed Deputy Fire Chief Demetrious Schaffer to the City. Cm. Hart stated the Alameda County Fire Chief was now in charge of mutual aid from Monterey to Del Norte County and the Alameda County Sheriff was also in charge of mutual aid for the same location. In regard to the new Emergency Medical Services provider, was the transition moving forward? Chief Gilbert stated the Board of Supervisors authorized its Health Care Services Agencies to negotiate a contract with Paramedics Plus. Thaf contract would need to go back to the Board of Supervisors for approval. Cm. Hart asked about dispatch services. Chief Gilbert stated the County dispatch services had made themselves available to both bidders if they wanted to use them as a dispatch center. The provider would be working with ACFD on a contract. Cm. Hart commented on Chief Gilbert's responsibilities having become greater. Chief Gilbert stated the relationships and work would be divided up starting with Deputy Fire Chief Shaffer assisting him directly. Assistant Chiefs, as well as Division Chiefs, would be assisting in maintaining the relationships. Work would be divided geographically as well as functionally. Mayor Sbranti asked once the five- to seven-year Strategic Plan was adopted, what could the average Dublin resident expect. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 29 ~~ REGULAR MEETING 19;` ~~~ May 4, 2010 ~`~~ , ~ ~ ~ ~~ ~ DRAFT Chief Gilbert stated there would be a depth of resources throughout the communities being served, more seamless and better communication through the dispatch center, more efficient training systems and continued relief on budgetary increases. The City Council received the report and welcomed Deputy Fire Chief Demetrious Schaffer to the City. • Public Comments 7:58:00 PM 3.4 No comments were made by any member of the public at this time. • CONSENT CALENDAR 7:58:13 PM Items 4.1 through 4.10 On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote (Vm. Hildenbrand absent), the City Council took the following actions: Approved (4.1) Minutes - None; Adopted (4.2 450-30/600-60) ORDINANCE NO. 7 -10 APPROVING A PD-PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1/STAGE 2 DEVELOPMENT PLAN AMENDMENTS FOR THE SORRENTO EAST PROJECT, PA 0~002 and ORDINANCE NO. 8 -10 APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR PA 0~002 SORRENTO EAST AT DUBLIN RANCH (DUBLIN RANCH AREA F EAST) BETWEEN THE CITY OF DUBLIN AND SR STRUCTURED LOT OPTIONS I, LLC DUBLIN CITY COUNCIL MINUTES 4 VOLUME 29 REGULAR MEETING 19' ~` Ma 4 2010 ~ y , ~~~ ~~~ 5a DRAFT Adopted (4.3 600-60) RESOLUTION NO. 48 - 10 APPROVING THE RELEASE OF GRADING/SITEWORK BONDS FOR WALLIS RANCH BRIDGES AND DRAINAGE OUTFALLS Adopted (4.4 600-60) RESOLUTION NO. 49 - 10 APPROVING ACCEPTANCE OF IMPROVEMENTS FOR FALLON GATEWAY, FALLON ROAD AND DUBLIN BOULEVARD- PHASE 1 IMPROVEMENTS, AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.5 600-60) RESOLUTION NO. 50 -10 ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 7893 AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.6 600-60) RESOLUTION NO. 51 - 10 ACCEPTANCE OF IMPROVEMENTS FOR FALLON ROAD NORTH AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Received (4.7 330-50) Quarterly Financial Report for period ending March 31, 2010. Adopted (4.8 420-30) ORDINANCE NO. 9 - 10 ZONING THE WESTERNMOST AND EASTERNMOST PORTIONS OF THE VACATED RIGHT-OF-WAY OF SCARLETT COURT AS LIGHT INDUSTRIAL (IV~1), PA 09-042 DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~oFDU REGULAR MEETING 19' .~~~ „~ May 4, 2010 ~~~~~ j~ ~c~FOR~'m lQ~~~J~ DRAFT Adopted (4.9 600-35) RESOLUTION NO. 52 -10 AWARDING CONTRACT NO. 10-04, 2009-2010 ANNUAL STREET OVERLAY PROGRAM TO G. BORTOLOTTO & CO., INC. and approved a Budget Change authorizing an adjustment to the amount funded by Traffic Congestion Relief Funds to reflect the balance available; Approved (4.10 300-40) Check Issuance Reports and Electronic Funds Transfers. •~ WRITTEN COMMUNICATIONS Request for the Placement of Purple Ribbons on City Street Trees to Recoqnize the American Cancer Societv's "Paint Your Town Purple" Campaiqn 7:58 p.m. 5.1 (130-60) City Clerk Caroline Soto presented the Staff Report and advised that the City Council would consider Debbie Magallanez's request for the placement of Purple Ribbons on City street trees to recognize the "Paint Your Town Purple" campaign. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote (Vm. Hildenbrand absent), the City Council approved the placement of purple ribbons on City Street trees. •~ PUBLIC HEARINGS - None •' UNFINISHED BUSINESS Follow-Ua Reqardinq the Relocation of Art Bus Shelters as Part of LAVTA's BRT Proiect 8:02 p.m. 7.1 (1060-20) Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that construction for the Livermore Amador Valley Transit Authority's (LAVTA) Bus Rapid Transit (RAPID) project was underway. As part of the project, three existing Art Bus Shelters created by artist Dan DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~0~~8~ REGULAR MEETING ,,; ~ ~ i9 ~ ~ ~sz May 4, 2010 `~~~~~ `~LI R~~ DRAFT ~ ~~ ~ Dykes located along Dublin Boulevard would be relocated so that RAPID-branded shelters and amenities could be installed in their place. On motion of Cm. Biddle, seconded by Cm. Hart and by unanimous vote (Vm. Hildenbrand absent), the City Council directed Staff to coordinate with LAVTA to relocate the Art Bus Shelter to the east side of Village Parkway south of Davona Drive instead of north of Amador Valley Boulevard. •~ Review and Approve the New Citv Website Desiqn 8:07:11 PM 7.2 (150-30) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council adopted a City Communications Plan in 2009 that included an objective to redesign the City's website. The City hired CivicPlus, a website design firm, to develop the new website. At that time, Staff was bringing forward three design options, with a recommendation from the City Council's ad-hoc Communications Committee, for City Council direction and consideration. Mayor Sbranti asked if the calendar shown in the presentation would be the one on the City's web page. Ms. Maurer stated this would be the calendar view. Mayor Sbranti asked if the picture that appeared on the presentation would change. Ms. Maurer stated yes it would change. Several pictures would be loaded and they would rotate as you were viewing the front page. Mayor Sbranti stated the website has been discussed as a tool relative to economic development. How would the website help in that fashion? Ms. Maurer stated the look and feel of the redesign would help elevate the image of Dublin and provide people with the ability to take a look at what Dublin had to offer. It would be a richer site in terms of photography. There were various areas within the framework of the website where information could be offered regarding Dublin events. Mayor Sbranti asked what would be under the website's business link. Ms. Maurer stated Staff envisioned placing ~ businesses with business licenses with the City, businesses that were in Dublin, etc. asiness resources under the link, a listing of business resource directory, listing of new retail DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 oF REGULAR MEETING 19;~ ~~,~~ May 4, 2010 ~~~ , ° DRAFT ~ ~~ ~ ~ Mayor Sbranti asked where the Green Initiative Task Force section would be located. Ms. Maurer stated Staff had developed a hierarchical structure for the website. The Task Force would be part of that structure. ~ Mayor Sbranti asked if Twitter would be launched with the website. Ms. Maurer stated the City had a very inactive Twitter page right now. City Council direction, when the City adopted the Communication Plan, was to use it primarily for emergencies and public safety needs. Mayor Sbranti stated he still wanted the City to look at the social media components. Ms. Maurer stated Staff had presented pros and cons to the Communications Committee and within the next couple of City Council meetings, Staff would return with information regarding social media, primarily with the use of Facebook. Cm. Hart stated the website would be quite a change. Cm. Scholz stated she liked the calendar and appreciated being on the Communications Committee. Mayor Sbranti asked what would happen with the other City-affiliated websites. Would their pages change completely? Ms. Maurer stated associated pages, such as the Senior Center page, would have a link to this website. Mayor Sbranti asked about the launch date for the new website. Ms. Maurer stated hopefully the site would launch in September. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote (Vm. Hildenbrand absent), the City Council reviewed the website design options and approved the Communications Committee's recommendation of website design Option 1. • DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~,~-~o~D~e REGULAR MEETING 19~-~~'-~`~ May 4, 2010 ~~ ~ ~ ~'~~~~~~° 9 ~a ~ DRAFT Update and Direction on the Citv's Communitv Enqaqement Efforts 8:27:08 PM 7.3 (600-30) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council had established a high priority objective to "effectively communicate and solicit input from the community regarding City services and activities." Since October 2009, the City Council had engaged in a community outreach effort to better understand citizen concerns, issues and perceptions. Staff was checking in with the City Council regarding the effectiveness of these efforts and was seeking direction on the continuation of community engagement and outreach work. Mayor Sbranti commented on the extensive work done by Staff and the Lew Edwards Group. In regard to moving forward, he believed a mailer should be sent to the public after the budget was passed in June informing them about some of the reductions, challenges and issues facing the City. He asked City Manager Pattillo about the format of past budget communication pieces. City Manager Pattillo stated the City prepared a budget brief each year. It was shared at Day on the Glen and different venues and was placed on-line. But typically, it was not mailed out. Mayor Sbranti stated the City could continue with a communication piece with the format slightly modified. Moving forward, as part of the FY 2011-12 budget in January or February of next year, there could be an opportunity for a brief budget discussion. In December of 2011, there could be another survey to see what residents' thoughts were on various issues. Cm. Biddle stated the City needed to continue the program. The issue right now was timing. The City Council had approved proposed reductions and it was a good idea to get the information to the community. The City would not know what the State was going to do for a few months. The process should be continued in case it became necessary for some sort of revenue enhancement measure in the future. The City had been in a good financial position, but unfortunately, many residents still believed the City was in that position. The economy was affecting the City. Cm. Scholz stated she would support a mid-summer mailer. The voters should be informed and included especially at a critical time as the City was in right now. Cm. Hart asked if the City Council was discussing Phase II of the Community Engagement process. City Manager Pattillo stated Staff was checking in with the City Council to see if they wanted to go forward with the process. It sounded as if there was a modification on the table in regard to the process. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 29 ~~ REGULAR MEETING 19;~ ,_~ ~ Ma 4 2010 ~ Y ~ ~\~ ~c, ° /~ ~" 5~ DRAFT Mayor Sbranti stated his understanding was there was a decision before the City Council to end the Community Engagement process or they could discuss what they would like to see moving forward. It could be Phase II as discussed previously or a summer mailer, or other options. Cm. Hart asked if these options were outside of the scope of the Lew Edwards Group process. City Manager Pattillo stated the City Council could modify the scope. Staff just needed direction from the City Council, such as the budget in brief informational piece. It had never been mailed out. Cm. Hart stated he was trying to clarify if the City would need the continued services of the Lew Edwards Group in order to complete Mayor Sbranti's recommendations under Phase II. City Manger Pattillo asked that the City Council give Staff the flexibility to stay connected with the Lew Edwards Group if there was the desire to do another survey in 2011. There could be modifications to the scope of work for the Lew Edwards Group. Mayor Sbranti stated Phase II was originally a much more aggressive timeline. He was now suggesting a modification to Phase II - to give the community information on the budget in late summer 2010, get the community involved, complete another survey in December 2011, and in 2012 if the City's financial situation had not improved, maybe going forward with a ballot measure. Cm. Hart stated he agreed with Mayor Sbranti's proposal. Cm. Biddle concurred with Mayor Sbranti's proposal. City Manager Pattillo stated there was not a definite pathway from Phase I to Phase II. Mayor Sbranti stated he wanted to lose the "Phase II" terminology. There was still money budgeted for the project, and this would just be a longer timeline. There would be an expense associated with the budget mailer, a cost for the community outreach in regard to the FY 2011- 2012 budget, and a cost associated with the poll in December 2011. Cm. Hart confirmed that it would be a rollover of funds from this fiscal year to next fiscal year. City Manager Pattillo asked the City Council to agree to lengthen the time to September, or an appropriate time, to mail out a budget brief. She confirmed that the City Council's direction was an educational piece in late summer/early fall, a discussion about the budget situation at the Joint City Council Session in January 2011, and information about the State of the City in terms of finances. DUBLIN CITY COUNCIL MINUTES ~o VOLUME 29 oF~, REGULAR MEETING 19;~~~~ ~ May 4, 2010 ~~~~~/~ ~„~~~. // ~ 5~ DRAFT The City Council directed Staff to produce a budget mailer, a form of special financial update for the community (with City Council approval), a December 2011 community survey, and work with the Lew Edwards Group to provide a modified process for community engagement. • NEW BUSINESS Letter of Agreement with the Dublin San Ramon Services District (DSRSD) for the Creation of a Sewer Capacitv Assistance Proqram 8:48:25 PM 8.1 (600-40) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council would consider authorizing the City Manager to execute a Letter of Agreement with the Dublin San Ramon Services District (DSRSD) to authorize the City to transfer the City's unused sewer capacity to third parties for economic development purposes. Cm. Hart asked Staff to quantify a DUE. City Attorney Bakker stated a DUE was a Dwelling Unit Equivalent. It was the equivalent of sewer capacity used by a single family residential dwelling unit. For commercial usage, it might use five or finrenty DUEs. It was just a fixed amount used to refer to facility use. City Pattillo asked Ms. Maurer to discuss how many DUEs were needed by restaurants. Ms. Maurer stated restaurants, depending on their size, could range anywhere from 5 to 15 DUEs for smaller restaurants, to 25 to 45 DUEs for larger restaurants. Cm. Hart asked how DSRSD determined how DUEs were established. Ms. Maurer stated if it was a regional restaurant or national chain, they typically used service records from other communities in terms of their sewer usage. If it was a new restaurant and a new place, they would come up with an aggregate or an average that they had been able to determine. City Attorney Bakker stated that they could also use actual water usage to determine sewer usage. Cm. Hart asked if there was a set, specific number for determining DUEs. Assistant City Manager Chris Foss stated DSRSD used a formula just as the City did for traffic trip generation. They went to a chart that said this many gallons were used per thousand DUBLIN CITY COUNCIL MINUTES 11 VOLUME 29 oF~ REGULAR MEETING 19;` _~_* ~ M 4 2 10 ~~~ ay , 0 ~`~ // ~ DRAFT ~~a ~ 5~ square feet of restaurant. By using actual records in the past, they had shown that they could actually save money for those businesses coming into Dublin. When the Elephant Bar came in, they used records from a former Elephant Bar store and that number was significantly less than what they would have been charged by using the formula. Cm. Hart asked if this program could expand. Mr. Foss stated the City had conversations with DSRSD over the years. They were not inclined to provide private businesses with the opportunity to trade unused DUEs on their sites. There were a number of sites that used more than they purchased, and some sites that used less than they purchased. DSRSD had made a generous offer to allow the City to take unusable DUEs on the City's finro sites and put them back in the market. Mayor Sbranti asked for an example if Restaurant A wanted to move to Dublin, how would this program then play out. Ms. Maurer stated practically speaking, Staff would speak to restaurants about this opportunity if it was the desire of the City to move forward in offering them a certain amount of the City's DUEs. They would also speak to them about other layers of programs that could be applied to a sewer connection fee. For example, DSRSD had a program to finance fees on a short-term basis. In addition, they participated in the Statewide Community Infrastructure Program to finance some of these fees, as well. Befinreen the City's incentive program and other DSRSD programs, the City might be able to help offset costs for restaurants thinking about coming to Dublin. ' City Manager Pattillo stated for 30 DUEs, it could cost approximately $400,000. Through this program, the City could offset about $100,000 for a business. Mayor Sbranti stated this program did not preclude them from partaking of other programs. Ms. Maurer stated the DUEs would be leased out. The DUEs would revert back to the City if the business closed. There was a clause that after 10 years, the DUEs stayed with the property. Cm. Hart stated this would bring some businesses into the community. He did not believe DSRSD had stepped up to the plate enough for the purpose of bringing businesses to Dublin. He challenged them to be just as creative as this City Council had been. Cm. Biddle asked if there was a prospect in the future where the City might have any other excess capacity. Mr. Foss stated no. DUBLIN CITY COUNCIL MINUTES ~2 VOLUME 29 G`~O~DpB~ REGULAR MEETING 19,~~~,~ May 4, 2010 ~` ~ ~~ ~',~I~~~~` DRAFT l3 ~~ 5a Mayor Sbranti stated down the line, if there were other underutilized DUEs, this would balance out in the end. It was another component of the City's economic incentive tool box. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Vm. Hildenbrand absent), the City Council adopted RESOLUTION NO. 53 -10 APPROVING LETTER OF AGREEMENT WITH THE DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) FOR THE ADMINISTRATION OF UNUSED CITY OF ~DUBLIN SEWER CAPACITY ._,~.~ 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 expense (AB 1234) 9:08:12 PM Cm. Scholz stated she attended the Volunteer Lunch at the Senior Center. Cm. Hart stated he attended the Knights of Columbus event that thanked firefighters and police for their services in the Tri-Valley. Cm. Biddle stated he attended the Association of Bay Area Governments Assembly, Dublin Pride events, an Economic Development meeting, the Dublin Integrity meeting, the Dublin Partners in Education (DPIE) student art function and an event at the Dublin Senior Center put on by Congressman McNerney. He attended an event at Hope Hospice and an event at Shepherd's Gate. Mayor Sbranti stated he attended Dublin Pride Week, the School of Imagination screening event, a business visitation to Taleo in Dublin, and he met with Staff regarding the All America City nomination. He attended the DPIE event, the ribbon cutting for Springfield Montessori School, the Senior Center Luncheon, the Tri-Valley Sports Hall of Fame, the Red Blue and Gold for Public safety and the residential brokers' roundtable. He asked that Staff agendize an item for a future City Council meeting to look at the conditional use process for future grocery uses. There were parking challenges and he would like the City to make proper findings. City Manager Pattillo confirmed Mayor Sbranti's request. • DUBLIN CITY COUNCIL MINUTES 13 VOLUME 29 ~ W~ REGULAR MEETING 19;~~_~ ,~ May 4, 2010 `~ ~ ~ Gcn~~ DRAFT ADJOURNMENT 10.1 ~~4 5a ~ There being no further business to come before the City Council, the meeting was adjourned at 9:22:18 PM in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk i-~.,.. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 29 ~ `~ REGULAR MEETING 19; (f~* ,~ ~ ~ May 4, 2010 ~` ~ ~ ~GI ~