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HomeMy WebLinkAboutItem 4.01 Draft 6-21 & 07-19-2011 CC Min~3 DRAFT ~~ o~' DU~~ MINUTES OF THE CITY COUNCIL ~~;` OF THE CITY OF DUBLIN ~ ~~$~ ADJOURNED REGULAR MEETING - JUNE 21 2011 ~~~~~ , ~ _t~. BUDGET HEARING ITEMS 5:30 P.M. Regular Order of Business for City Council meeting would follow directly after Budget Hearing Items. CALL TO ORDER & PLEDGE OF ALLEGIANCE 5:33:17 PM ROLL CALL PRESENT: Councilmembers Biddle, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: Vm Hart The pledge of allegiance to the flag was recited by the City Council, Staff and those present. II. Public Hearinq: Adoptinp the Five Year Capital Improvement Proqram 2010-2015s Fiscal Year 2011-2012 Update ~ 5:34:01 PM (330-40) Administrative Services Director Paul Rankin presented the Staff Report and advised that the City Council would conduct a public hearing and consider approval of a resolution adopting the Five Year Capital Improvement Program (CIP) which outlined public projects proposed for completion from Fiscal Year 2011-2012 through Fiscal Year 2014-2015. The proposed 5-year CIP included forty-three projects totaling approximately $157.3 million (prior years and current timeframe). Of this amount, approximately $13.9 million was anticipated to be expended during Fiscal Year 2011-2012. Mayor Sbranti asked for clarification of the Civic Center Modifications and the Maintenance Yard funding from prior years in comparison to the current funding. City Manager Pattillo responded that previously the Maintenance Yard was budgeted at $16 million dollars. The City purchased property at a significantly reduced cost than what was budgeted, with pending negotiations of property exchange. The Civic Center Modifications CIP explored cost saving measures in the utilization of existing storage space and modification into work areas as opposed to adding on to the building. City Manager Pattillo cautioned that construction for added space might be needed in the future. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 ~ br~ ADJOURNED REGULAR MEETING ~~ i ~~~ JUNE 21, 2011 19 ~-'~ ~ ~ ~~~ ~ ~, ~ 33 DRAFT Cm. Hildenbrand asked when actual street improvements would begin on Dougherty Road. Public Works Director Gary Huisingh responded that 2013 would be the earliest, as the coordination would be substantial with the new entrance to Arroyo Vista, as well as the new entrance to Camp Parks. On motion of Cm. Biddle, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart absent), the City Council adopted RESOLUTION NO. 87-11 ADOPTING THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM 2010- 2015 FISCAL YEAR 2011- 2012 UPDATE III. Fiscal Year 2011-2012 Preliminarv Budqet and Financial Plan/10-Year Strateqic Plan 5:55:20 PM 330-20/600-30 City Manager Pattillo presented the Staff Report and advised that the City Council would conduct a public hearing and consider approval of a resolution adopting the Fiscal Year 2011-2012 Preliminary Budget and Financial Plan and the 10-Year Strategic Plan and other resolutions necessary for enactment of the Fiscal Year 2011-2012 Budget. Cm. Swalwell asked for confirmation that Police Services would not be reduced. City Manager Pattillo confirmed there would be no reductions to Police Services and credited both the Alameda County Fire Department and the Alameda County Sheriff's Department for taking a proactive approach in managing their resources and maintaining their levels of service. Cm. Biddle commended the City's overall Budget which was balanced. Cm. Swalwell commented on how the City did not need to utilize the Reserve Funds to balance the Budget last Fiscal Year, as well as moving forward into the new Fiscal Year without the use of Reserve Funds. Mayor Sbranti closed the budget hearing and asked Cm. Biddle to address the public in regards to his affiliation with the Dublin Partners in Education. Cm. Biddle stated, "I am a member of the Board of Directors of the Dublin Partners in Education. One of the items contained in the budget being considered tonight relates to a DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 .~o or~ ADJOURNED REGULAR MEETING ur~ t~ii ~~~ JUNE 21, 2011 '~~~~~~~ ~4L1FOR ~ v~ 33 ~ DRAFT ~- request for funding from Dublin Partners in Education. Due to my membership on its board, I have a statutory remote interest in the decision, and may not participate in the decision. I hereby abstain from all participation in the matter, and ask that my vote not be counted in determining whether Dublin Partners in Education's request has been approved. I also ask that the City Clerk include my statement in the minutes of this meeting". Cm. Hildenbrand stated "I am employed by the Dublin Unified School District. I work at Murray Elementary School as the Secretary and Health Clerk. My position is within the District's Educational Services and the Health Services Department. One of the items contained in the budget being considered tonight relates to a request for funding for the Facilities and Student Services Department of the District. Because the request relates to a different School District Department than the one that employees me, I have a statutory noninterest in the matter, and may legally participate in the decision. I ask the City Clerk to include my statement in the minutes of this meeting". Mayor Sbranti stated "I am employed by the Dublin Unified School District. I work at Dublin High School as a teacher and coach. My position is within the District's Educational Services Department. My wife is also emp{oyed by the District and works at Valley Continuation High School as a teacher; her position is also within the Educational Services Department. One of the items contained in the budget being considered tonight relates to a request for funding for the Facilities and Student Services Department of the Distriet. Because the request relates to a different School District Department than the one that employees me, I have a statutory noninterest in the matter, and may legally participate in the decision. I ask the City Clerk to include my statement in the minutes of this meeting". On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart absent), the City Council adopted the following resolutions: RESOLUTION NO. 88 -11 ADOPTING A BUDGET FOR THE CiTY OF DUBLIN FOR FISCAL YEAR 2011-2012 RESOLUTION NO. 89 -11 ADOPTING AN APPROPRIATION FOR A CITY CONTRIBUTION TO DUBLIN PARTNERS IN EDUCATION FOR FISCAL YEAR 2011-2012 RESOLUTION NO. 90 -11 AMENDING THE BENEFIT PLAN DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 I~yOFDp~~ ADJOURNED REGULAR MEETING a; y JUNE 21, 2011 '~~~~~~~ ~'~~~R~S ~ ~3 DRAFT RESOLUTION NO. 91 -11 AMENDING EMPLOYER PAID MEMBER CONTRIBUTIONS RESOLUTION NO. 92 - 11 ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH THE PERSONNEL RULES RESOLUTION NO. 93 -11 ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION NO. 94 - 11 ESTABLISHING A SALARY PLAN FOR TEMPORARY PARTTIME PERSONNEL - - --- _~ - ----- CLOSED SESSION A closed session was held at 6:36:16 PM , regarding: 1. CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Vice Mayor Hart and Councilmember Swalwell Unrepresented Employee: City Attorney 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Section 54956.9(c) of the Government Code: 1 case --- ~~ - -- REGULAR MEETING ITEMS DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 ,~~oFDr, ADJOURNED REGULAR MEETING ~r~ ~^~~ JUNE 21, 2011 '``~ ~'V~ '~LIFpR ~ ~ ~3 DRAFT REPORT ON CLOSED SESSION ACTION 7:01:03 PM Mayor Sbranti stated there was no reportable action during Closed Session. ~.. - -- - ~i~- ----- - , ORAL COMMUNICATIONS Acceptance of Gifts to Citv from Bike to Work Dav Contributinp Sponsors 7:01:19 PM 3.1 610-50 Administrative Analyst Erin Steffen presented the Staff Report and advised that this report detailed the contributions received from various local businesses and organizations for the Bike to Work Day Energizer Station held on May 12, 2011 and for the National Bike Month Raffle held at events surrounding the month of May. The City Council recognized the sponsors and formally accepted the contributions. ~ Public Comments 7:05:06 PM 3.2 Bruce Fiedler, Dublin resident, stated he would like the City to attend to the commercial graffiti along Dublin Boulevard. Tim May, Executive Director of the Rental Housing Owners Association, congratulated the City Council for the winning the All-America City title for 2011and for recognition by the Diablo Valley Magazine for the City of Dublin having some of the best businesses in the Tri-Valley Area. CONSENT CALENDAR 7:06:59 PM Items 4.1 through 4.16 (Cm Swalwell pulled ltem 4.2 for further discussion}. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 Og DU~ ADJOURNED REGULAR MEETING n;~' ,~ ~~~ J U N E 21, 2011 '~~~i!~~~~~ . • ~'~GIFpR ~ ~3 DRAFT On motion of Cm Hildenbrand, seconded by Mayor Sbranti and by unanimous vote (Vm. Hart absent), the City Council took the following actions: Adopted (4.3 600-30) RESOLUTION NO. 96 -11 APPROVING THE AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FISCAL YEAR 2011-2012 Adopted (4.4 380-20) RESOLUTION NO. 97 -11 AUTHORIZING STAFF TO PROCURE DESK-TOP COMPUTERS FROM DELL, INC. Accepted (4.5 600-35) the improvements under Contract No. 11-04, Dublin Ranch Street Light Pole Painting Contract, and authorized the release of retention after 35 days. Adopted (4.6 820-60) RESOLUTION NO. 98 -11 APPROVING THE RENAMING OF HAGGERTY COURT TO ATELLA COURT IN NEIGHBORHOOD C3, TRACT 8050, AND ATELLA DRIVE TO HAGGERTY DRIVE IN NEIGHBORHOOD D1, POSITANO AT FALLON VILLAGE Adopted (4.7 810-20) ORDINANCE NO. 9 -11 ADOPTING A NEW CHAPTER 7.98 RELATING TO SOLID WASTE AND RECYCLING ENCLOSURE STANDARDS Adopted (4.8 600-30) RESOLUTION NO. 99 -11 APPROVING THIRD AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ABM INDUSTRIES, INC. Adopted (4.9 600-60) RESOLUTION NO. 100 -11 DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 G~,~~IOF DUe~y ADJOURNED REGULAR MEETING ru ~ir ~~~ JUNE 21, 2011 '~~~~~~~/ ~iFOe~ 33 DRAFT ACCEPTING IMPROVEMENTS FOR TRACT 7457, TRALEE VILLAGE (PFEIFFER RANCH INVESTORS, INC.) AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.10 600-40) RESOLUTION NO. 101 -11 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA TO RECEIVE COMMUNITY DEVElOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2011-2012 AND APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT-FUNDED AGREEMENTS WITH AXIS COMMUNITY HEALTH; BAY AREA COMMUNITY SERVICES; COMMUNITY RESOURCES FOR INDEPENDENT L{VING; OPEN HEART KITCHEN; SENIOR SUPPORT OF THE TRI-VALLEY; SPECTRUM COMMUNITY SERVICES, INC.; AND TRI-VALLEY YMCA Adopted (4.11 600-40) RESOLUTION NO. 102 -11 APPROVING A THREE YEAR AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY CDBG/HOME FUNDS PROGRAM FOR FISCAL YEARS 2012-2013, 2013-2014 AND 2014-2015 (THREE YEARS) Adopted (4.12 600-30) RESOLUTION NO. 103 -11 APPROVING AGREEMENT WITH EAST BAY POOL SERVICE FOR POOL MAINTEIVANCE SERVICES Adopted (4.13 330-30) RESOLUTION NO. 104 - 11 ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2011-2012 OF $189,083,145 DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 G~~~o~'~08~~ ADJOURNED REGULAR MEETING n, ,~, ~u JUNE 21, 2011 1`~~~~~~ ~'~,FOR~`° DRAFT Adopted (4.14 410-40) RESOLUTION NO. 105 -11 APPROVING PARCEL MAP 10049 NEIGHBORHOOD "D", POSITANO/FALLON VILLAGE Adopted (4.15 39-20) RESOLUTION NO. 106 -11 ADOPTING PRINCIPAL COMPONENTS OF FUND BALANCE IN ACCORDANCE WITH GASB STATEMENT 54 Approved (4.16 300-40) Check Issuance Reports and Electronic Funds Transfers. ~ ~3 ~ Cm. Swalwell pulled Item 4.2, Extending the Time Period For The Traffic Impact Fee Deferral Program And Amending The Traffic Impact Fee Payment Date, and asked for an explanation of the item. Economic Development Director Linda Maurer stated the initial program was established for the duration of two years. However, upon the policy direction of the Economic Development Ad- Hoc Committee, the Staff recommendation was to extend the Traffic Impact Fee Deferral Program for two additional fiscal years to continue to market to the business community. The Program would have expired on June 30, 2011. Mayor Sbranti commented on the many programs that the City had in order to continue to work wifh the business community and this was one helped to promote economic development. On motion of Cm. Swalwell, seconded by Cm. Hildenbrand, and by unanimous vote (Vm. Hart absent), the City Council adopted: RESOLUTION NO. 95-11 EXTENDING THE TIME PERIOD FOR THE TRAFFIC IMPACT FEE DEFERRAL PROGRAM AND AMENDING THE TRAFFIC IMPACT FEE PAYMENT DATE ~i WRITTEN COMMUNICATIONS - None _ _ ____ __~~ . DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G`~,~OFDpe~ ADJOURNED REGULAR MEETING u, JUNE 21, 2011 '~~~~~~ ~4Gl1bR~~ ~ 33 ~ DRAFT PUBLIC HEARINGS Amendment of Dublin Municiqal Code Chapter 5.56 1Smokinq Pollution Control) 7:10:48 PM 6.1 (530-50) Mayor Sbranti opened the public hearing. Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider amending the Smoking Pollution Control Ordinance to increase the requirement on the percentage of apartment residences that must be designated as non- smoking units from 50% to 75%, which would be accomplished on or before January 1, 2013. Ms. Serena Chen of American Lung Association commended the City on taking this approach to a smoke-free environment. ~ Mr. Bruce Fiedler, Dublin resident, stated, as an apartment manager, 100% non-smoking would be easier to enforce. Mr. Timothy May, Executive Director of Rental Housing and Owners Association, acknowledged and commended the City's efforts on the Smoking Pollution Control Ordinance, and requested the City hold off on any other amendments to the City ordinance so the rental community could implement in a timely manner. Mayor Sbranti closed the public hearing. Cm. Hildenbrand stated her support to amend to a full 100% due to the feedback from the community and believed that the City was lagging on all that could be done for smoking pollution control. She could support this ordinance amendment but would continue to encourage the City to work toward a 100% smoke-free.apartment unit ordinance in the future. , Cm. Swalwell stated his support for the ordinance amendment as presented in order to honor the agreement (with the apartment industry, which ultimately have to implement the ordinance. Cm. Biddle asked for clarification of the timeline of the implementation of the Smoking Poffution Control Ordinance. Mr. Roger Bradley stated that the apartment property managers would be required to notify their tenants by December 3, 2011, so they could transition the necessary apartment leases throughout calendar year 2012 and report back to the City the actual percentages of non- smoking residences to ensure compliance. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 oF ~ ~ ~ ADJOURNED REGULAR MEETING JUNE 21, 2011 i„ „ ~~~ '`\~ '~/ ~ Gc~FOa~s 1 33 DRAFT Mayor Sbranti stated that the City would continue to be a leader in the campaign against smoking in apartment communities and that the City Council would continue to review any necessary changes based on new facts and supported the ordinance as presented. Cm. Hildenbrand stated this whole issue was not about the smoker rather the issue for her concern was the second-hand smoke. On motion of Mayor Sbranti, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart absent), the City Council introduced the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. ~ Citywide Street Lighting Maintenance Assessment District No. 1983-1; Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Tract 4719); Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Santa Rita Area); Street Liqhtinq Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067) 7:37:32 PM 6.2 (360-20) Mayor Sbranti opened the public hearing. Administrative Analyst Erin Steffen presented the Staff Report and advised that the City Council would consider approving the Engineer's Reports and the levy of special assessments in each of the five maintenance districts for the 2011-2012 Fiscal Year. A public hearing was required. Maintenance Assessment Districts allowed for the collection of special assessments on the property tax bill. These assessments could only be used to pay for the identified activities benefiting the properties assessed. The amount of the assessment would vary based on several factors including: the cost projected to maintain the improvements, approved annual adjustment factors; existing balances collected in prior years; and the number and type of properties. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Mayor Sbranti asked for clarification on who was responsible for a landscape solution to the median on Lockhart/Kolb by the Fallon Sports Park. City Manager Pattillo clarified that the City had, on rare occasions, taken on the responsibility of unfunded landscaping .gaps such as the location of the new fire station, but this was not common practice. As development continued at different paces, the City would need to be DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 ,~oe~ ADJOURNED REGULAR MEETING ni~ ~ ~~~ JUNE 21, 2011 '`~~~~~ (',~~~R~S l~ 33 DRAFT mindful of this issue. Clean-up of a median would be feasible, but this would not include landscaping. On motion of Cm. Swalwe{{, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart absent), the City Council adopted RESOLUTION NO. 107 -11 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM , AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT D{STRICT NO. 1983-1 RESOLUTION NO. 108 -11 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCEASSESSMENT DISTRICT NO. 1983-2 (TRACT 4719) RESOLUTION NO. 109 -11 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM ' AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1986-1 (VILLAGES AT WILLOW CREEK) RESOLUTION NO. 110 -11 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) RESOLUTION NO. 111 =11 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 199~1 (DUBLIN RANCH AND TRACT 7067) ~ _. ~ DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 `~~oFDUe~, ADJOURNED REGULAR MEETING ~„ ~ ~~ JUNE 21, 2011 `~~~~~~ ~dGIFOB~1~ ~a ~ DRAFT UNFINISHED BUSINESS Sustainable Neiqhborhood Desipn Strateqv Update 7:50:48 PM 7.1 (400-10} Principal Planner Kristi Bascom presented the Staff Report and advised that the City of Dublin had taken an active role in promoting environmental sustainability with initiatives such as the Community Design and Sustainability Element of the General Plan, the Green Building Ordinance, and the City's recent adoption of a Climate Action Plan. In recent months, Staff had presented the City Council with various options for implementing a"Sustainable Neighborhood Design Strategy," which would promote sustainable site design and planning for the street, land use, and open space patterns for neighborhoods in Dublin. Staff solicited input from the development community on the Draft Strategy, and was reporting back to the City Council on the content of the discussions and the proposed path forward. Mr. Joe Guerra of Argent Management Co. stated agreement with Staff and Council direction and goals on sustainable neighborhood design and appreciated Staff's commitment to work with Argent Management Co. on the Dublin Crossings project. Cm. Swalwell commended Staff for their work on this item and encouraged Staff to continue to meet with the development community to understand issues that arise in the development process. City Manager Pattillo clarified the process of this strategy was policy direction from Gity Council and having Staff engage in discussions with developers always occurred after direction was received. Mayor Sbranti concluded the discussion and by consensus, the City Council confirmed Staff s recommendation to move forward with the proposed General Plan Amendment. Replacement of Citv Directional Siqnage Location for East Dublin Auto Dealers 7:59:56 PM 7.2 (400-30) Economic Development Director Linda Maurer presented the Staff Report and advised that the City Council had approved six locations for City directional signs to direct visitors to the auto dealers located in east Dublin. Staff was recommending that the City Council approve the replacement of the existing direction sign at the terminus of Scarlett Drive to assist in the City's way finding efforts. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 30 oFDO~ ADJOURNED REGULAR MEETING n;~ ,~ ~~~ JUNE 21, 2011 '`~~~~~~ Gc~~R s DRAFT ~~ ?3 Mr. Guy Houston, spokesperson for Dublin Volkswagen and Dublin Hyundai, stated his support of Staff's recommendation of the proposed directional signs. Cm. Swalwell stated support of the promotion of Dublin auto dealers would positively benefit the community. On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote (Vm. Hart absent), the City Council approved the replacement of the existing direction sign for automotive dealers at the terminus of Scarlett Drive, with additional direction for Staff to report back on signage improvement on Scarlett Court at Dublin Boulevard. _di~ NEW BUSINESS Brannigan Street General Plan and Eastern Dublin Specific Plan Amendment Studv initiation reauest 8:06:29 PM 8.1 (410-40) Planning Consultant Mike Porto presented the Staff Report and advised that the City Council would consider a request to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study to evaluate a proposal to change the General Plan and Eastern Dublin Specific Plan land use designation of a 3.07 acre parcel ("Study Area") from Public/Semi-Public (PLSP) to Medium Density Residential (MDR). The proposed land use amendment would allow a residential density of 6.0 to 14.1 dwelling units per acre. The Study Area was located on the west side of Brannigan Street, north of Gleason Drive. Cm. Hildenbrand stated her support for this study and this would be a good use of the proposed land. Cm. Biddle asked for clarification of a future public/semi-public report from Staff regarding policy changes. City Manager Pattillo clarified that Staff would be bringing a report to City Council to address necessary modifications, specifically to land size and land valuation associated with amendments. On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by unanimous vote (Vm. Hart absent), the City Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 30 .~oFDO,~ ADJOURNED REGULAR MEETING u;~ ~ JUNE 21, 2011 '~~~~~~~ ~c~FOe~ 13 I~' 33 DRAFT RESOLUTION NO. 112-11 APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY TO EVALUATE A PROPOSAL TO CHANGE THE LAND USE DESIGNATION OF A PARCEL ON BRANNIGAN S~REET FROM PUBLIC/SEMI-PUBLIC TO MEDIUM DENSITY RESIDENTIAL (APN 985-0052-021) -~. __ _._~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) 8:12:14 PM City Manager Pattillo reminded City Council of the Dublin Historic Park and Museums Grand Opening would be held on July 2, 2011, at 12:00 p.m. Cm. Swalwell stated he attended the Alameda County Library Advisory Committee meeting and the Alameda County Fire Advisory Committee meeting. Cm. Biddle stated he attended the Valley High School graduation, a Waste Management Advisory Commission meeting, an Alameda County Housing Authority meeting, and the League of California Cities Community Services Committee meeting in Sacramento. Mayor Sbranti stated he attended the Dublin High School graduation and an East Bay Regional . Communications System Authority meeting. He also stated that former Mayor and City Councilmember Paul Moffatt recently passed away and would be honored with services on July 5, 2011, and July 6, 2011 at St. Raymond's Church. Cm. Hildenbrand stated she attended the All-America City experience and expressed her appreciation to the delegation and Staff, who were instrumental in winning this prestigious award. _ ,~' ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:36:51 PM in memory of Staff Sgt. Sean Diamond and our fallen troops and in honor of the late former Mayor and Councilmember Pau! Moffatt. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 30 ,~OFDp~ ADJOURNED REGULAR MEETING i~;~ ,~ ~~~ JUNE 21, 2011 `~~~~~~ Gc,FOR~'s . 3 1~ ~ DRAFT Minutes prepared by Dora Ramirez, Deputy City Clerk. Mayor ATTEST: Deputy City Clerk DUBLIN CiTY COUNCIL MINUTES 15 VOLUME 30 G`~oFOOB~y ADJOURNED REGULAR MEETING r„ ~ ~~~ JUNE 21, 2011 1~~~~~~~ dGIFOR~ • DRAFT ~ti "~ J ~ ~ ~~~~ 1 ,~;~~ ~ / CLOSED SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - Julv 19, 2011 A closed session was held at 6:30 p.m., regarding: /~ ~3 I. 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 II. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Concerned Dublin Citizens, et. al v. City of Dublin, et al. (Alameda County Superior Court, RG11581959) III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3360 Maguire Way, #237, Dublin Agency negotiator: City Manager Under negotiation: Price and terms of payment ~' A regular meeting of the Dublin City Council was held on Tuesday, July 19, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:08:07 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. ,~ DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 oF~ REGULAR MEETING i~;~ ~ ~~~ July 19, 2011 ``~~~ Gc, e `~ DRAFT REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. Cm. Swalwell stated he would have to leave the meeting around 9:00 p.m. ORAL COMMUNICATIONS Introduction of Incominq Garrison Commander, Lt. Col. David James 7:08:33 PM 3.1 (700-10) ~ 33 Mayor Sbranti stated Garrison Commander of Camp Parks, Lt. Col. Michael Friend, would be introducing incoming Garrison Commander Lt. Col. David James. The City Council we{comed the new Garrison Commander Lt. Col. David James. Annual Report bv Youth Advisorv Committee 7:13:35 PM 3.2 (110-10) The City's Youth Advisory Gommittee presented an Annual Report on the Advisory Committee's activities and accomplishments during the past year. The City Council received the report. -~,. After Action Report on July 4, 2011 Public Safetv and Staff Activities 7:19:56 PM 3.2 (540-10) Fire Marshal Bonnie Terra and Dub{in Police Chief Tom McCarthy presented the Staff Report on the Public Safety and Staff actions associated with July 4, 2011 activities within the City of Dublin. Vm. Hart asked if Fire Marshal Terra had sales figures for the fireworks booths. Ms. Terra stated no. Vm. Hart stated he was trying to compare the volume of sales to calls for service. He asked if there had been any comments from other Cities in the area that did not sell fireworks. ~ DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 ~~yOFD~ REGULAR MEETING n; July 19, 2011 '`~~~~~~ ~c~ ~,s DRAFT Ms Terra stated she had not received any calls. The City Council received the report. Public Comments 7:30:40 PM 3.4 No comments were made by any member of the public at this time. CONSENT CALENDAR 7:30:55 PM Items 4.1 through 4.17 ~'; g 33 Cm. Hildenbrand stated she would abstain from the vote of Item 4.1 because she was not in attendance for the meeting of June 7, 2011. On motion of Vm. Hart, seconded by Cm. Biddle and by unanimous vote, the City Council took the following actions: ~ Adopted (4.2 600-60) RESOLUTION NO. 113 -11 APPROVING THE IMPROVEMENT AGREEMENT FOR POSITANO PARKWAY/ CROAK ROAD EXTENSION AND FALLON ROAD IMPROVEMENTS, NEIGHBORHOODS D AND E, PARCEL MAP 10049, POSITANO/ FALLON VILLAGE Adopted (4.3 380-20) RESOLUTION NO. 114 -11 AUTHORIZING STAFF TO PURCHASE FOUR SPECIALIZED POLJCE VEHICLES FROM BOB WONDRIES FORD AND DECLARING VEHICLES REPLACED AS SURPLUS PROPERTY Adopted (4.4 620-20) RESOLUTION NO. 115 -11 SETTING A PUBLIC HEARING ON THE FORMATION OF THE FALLON CROSSINGS GEOLOGIC HAZARD ABATEMENT DISTRICT DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 ~ `~yOFDr~ REGULAR MEETING ni/ ~~i/ ~~~ July 19, 2011 '~\v~~/% Gci DRAFT Adopted (4.5 560-90) ORDINANCE NO. 10 -11 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL Adopted (4.6 380-20} RESOLUTION NO. 116 -11 APPROVING PURCHASE ORDER WITH LINCOLN EQUIPMENT FOR POOL CHEMICALS Adopted (4.7 600-30) RESOLUTION NO. 117 -11 APPROVING AN AGREEMENT WITH O'MAHONY & MYER FOR THE CIVIC CENTER GENERATOR PROJECT Adopted (4.8 600-60) RESOLUTION NO. 118 -11 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7983, SORRENTO EAST-NEIGHBORHOOD 11 RESOLUTION NO. 119 -11 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACT 7983 RESOLUTION NO. 120 -11 l 33 ACCEPTING PARK LAND DEDICATION CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7983 (SORRENTO EAST-NEIGHBORHOOD 11: STANDARD PACIFIC CORP.) ~ DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 G~,~,oe DuB~ REGULAR MEETING n, July 19, 2011 '`~~~~~ ~`1GIFpR~~ DRAFT Adopted (4.9 600-30) RESOLUTION NO. 121 -11 ~3 APPROVING AN AGREEMENT WITH HARRIS AND ASSOCIATES FOR DESIGN ENGINEERING SERVICES - CITYWIDE STORM DRAIN CONDITION ASSESSMENT PROJECT# 960017 Adopted (4.10 600-60) RESOLUTION NO. 122 -11 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7652, SORRENTO EAST-NEIGHBORHOOD 6 RESOLUTION NO. 123 -11 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACT 7652 RESOLUTION NO. 124 -11 ACCEPTING PARK LAND DEDICATION CREDITS FOR PARK LANDDEDICATION REQUIREMENTS FOR TRACT 7652 (SORRENTO EAST-NEtGHBORHOOD 6: STANDARD PACIFIC CORP.~ Adopted (4.11 600-60) RESOLUTION NO. 125 -11 APPROVING FINAL MAP AND TRA-CT IMPROVEMENT AGREEMENT FOR TRACT 8065, SORRENTO EAST-NEIGHBORHOOD 8 SOUTH RESOLUTION NO. 126 -11 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACT 8065 RESOLUTION NO. 127 -11 ACCEPTING PARK LAND DEDICATION CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8065 (SORRENTO EAST-NEIGHBORHOOD 8(SOUTH): D.R. HORTON BAY, INC.) DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 G~~toFDUe~,~ REGULAR MEETING n, ~ ~~~ July 19, 2011 `~~~~~ C'~G/FpR~~ DRAFT Adopted (4.12 600-60) RESOLUTION NO. 128 -11 APPROVING ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 9827, FALLON GATEWAY, AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.13 600-30) RESOLUTION NO. 129 -11 ~1 3 3 APPROVING A PLAN TO USE 2009-2010 PROPOSITION 1 B- LOCAL STREETS AND ROADS PROGRAM FUNDS RESOLUTION NO. 130 -11 APPROVING AGREEMENT WITH BKF ENGINEERS TO PROVIDE CONSULTING SERVICES FOR THE WEST DUBLIN BART GOLDEN GATE DRIVE IMPROVEMENTS PROJECT Adopted (4.14 600-60) RESOLUTION NO. 131 -11 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7656, SORRENTO EAST-NEIGHBORHOOD 10 RESOLUTION NO. 132 -11 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACT 7666 RESOLUTION NO. 133 -11 ACCEPTING PARK LAND DEDICATION CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7656 (SORRENTO EAST-NEIGHBORHOOD 10 (NORTH) SR STRUCTURED LOT OPTIONS I, LLC) Received (4.15 100-80) Final Fiscal Year 2010-2011 Goals and Objectives Quarterly Report and Capital Improvement Projects Status through June 30, 2011 DUBLIN CITY COUNCIL MINUTES VOLUME 30 G~,Sq~F~UB~ REGULAR MEETING u, ~ a~ July 19, 2011 1`~~~~~~ `~G/FOR~ 6 ~ 3 DRAFT ° ~ Approved (4.16 300-40) Check Issuance Reports and Electronic Funds Transfers. Approved (4.17 600-30) Second Amendment to Agreement for Legal Services; and adopted RESOLUTION NO. 134 -11 ACCEPTING THE RESIGNATION OF ELIZABETH H. SILVER AS ASSISTANT CITY ATTORNEY AND APPOINTING STEPHEN MUZIO AS ASSISTANT CITY ATTORNEY On motion of Vm. Hart, seconded by Cm. Swalwell, and by majority vote (Cm. Hildenbrand abstaining) the Cify Council approved Item 4.1, Minutes of Regular meeting of June 7, 2011. WRITTEN COMMUNICATIONS Baseball Stadium Concept Proposal bv Centerfield Partners 7:31:59 PM 5.1 (130-60) Economic Development Director/Public Information Officer Linda Maurer presented the Staff Report and advised that, on June 1, 2011, the City Manager received a letter from CenterField Partners, a company that desired to own and operate an Independent Minor League baseball team in Dublin. Brian Clark, the CEO of Centerfield Partners LLC asked the City Manager to bring an item to the City Council to discuss whether they supported the concept of a baseball stadium in the City. Cm. Biddle asked what wou4d be a comparable size lot to the one mentioned in the Staff Report. Ms. Maurer stated a comparable size lot would be the corner of Hacienda and Dublin Boulevard, which was the Alameda County Surplus Property Authority lot. It was the lot that was between Dublin Boulevard and Martinelli. It was about 14 acres. Cm. Biddle asked if a ballpark would be commercial zoning or would changes have to be made. Ms. Maurer stated the zoning would have to be reviewed. DUBLiN CITY COUNCIL MINUTES 7 VOLUME 30 ~,~o~o~ REGULAR MEETING rn July 19, 2011 '`~~~~/~ ~4GIFpR~~ DRAFT ~~~ 3 ~ Mayor Sbranti stated this use would not qualify as a community park in accordance with the City's present zoning, but it was under the City Council's purview to make a finding that a facility like this could be considered a community park. City Manager Pattillo stated there would be a couple of amending documents that the City Council would need to approve. The City would also have to study how it tied into the public facilities. There were a variety of triggering mechanisms that would be part of a policy discussion. Mr. Brian Clark, CenterField Partners, stated he was here to ask the City Council for its show of support for an idea concept for a minor league stadium in Dublin and gave an overview of the concept. Mike Shapiro, advisor to Centerfield Partners, stated he had experience in baseball and the development of sports and facilities. Cm. Biddle asked for clarification from Mr. Clark if they would first find a development partner that would construct, operate and maintain the facility. Mr. Clark stated there were three options. Their first choice was to partner with a developer who would pair it with additional land, similar to the design that he had shown to the City Council. They would do additional work around the stadium and the stadium would be a cornerstone of the development. In that case, the developer would own the stadium and Centerfield Partners would be a tenant in the stadium. The second option was a public/private partnership, which they would leave on the table because it could be paired with other sources of money. The third option was for them to be the developer, but this was not likely, by partnering with the City. Vm. Hart asked for clarification on the location of what they were referring to as the "Camp Parks Triangle". Ms. Maurer stated this was the corner of Arnold and Dublin Boulevard. There was a piece of triangular property that was part of the parkland dedication for the transit center. Cm. Hildenbrand stated it was not part of the "grand plan" for Camp Parks. Assistant City Manager Foss stated this triangular piece was on the northwest corner of Arnold and Dublin Boulevard. It was parkland that was part of the transit center dedication. It was owned by the County. It was considered part of the 187 acres that the City would look at as part of the Dublin Crossings plan. Mayor Sbranti stated the question had been what could be done with that parcel. It was owned Alameda County Surplus Property Authority and it was zoned for a community park. Cm. Hildenbrand stated she did not want to see this stadium within Camp Parks because this process had been a huge community effort. The central park within Camp Parks would tie the DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G1,~~oFOOB~ REGULAR MEETING n~ ~ u~ J u ly 19, 2011 '\~~~~1% ~'1G/FOR~~~ DRAFT a~ ~ ~ community together. The park was something she would like to preserve. Downtown would be an ideal location. Mayor Sbranti asked for clarification regarding Camp Parks having a requirement for a central park but did they also have a requirement for a community park beyond the central park. Mr. Foss stated the land plan that was discussed in 2004 had 50 acres of parkland. Not knowing what the new site plan looked like from Suncal/Argent for this site, it would be hard to say. But a community parkland requirement was five acres per thousand residents. They would have a community parkland requirement. Mayor Sbranti stated this was obviously very premature but the City might not have to choose one or the other. Vm. Hart asked what was the next step if the City Council approved the concept tonight. Mr. Clark stated there were conversations on-going. People were asking if the City had any interest in the idea. After tonight, they could go back and tell them the City Council considered this as an option, a possibility, a concept. This would also give them a chance to spend more time with City Staff to provide direction and counsel to them. Cm. Biddle stated it was too early to discuss parks and such. Mr. Clark stated that when they had a partner, they would come back with the developer and that developer would lead the planning process, the approach and the work with City Staff. Vm. Hart asked his fellow City Councilmembers what was the difference between this project and the skating rink the Sharks were proposing a few years ago. Cm. Hildenbrand stated one of the differences was they were proposing to put the ice rink in the middle of a neighborhood and give up an aquatic park. The ice rink would have been opened early and closed very late. It would have had a tremendous impact on that neighborhood. It was not that the City did not want the ice rink in the community, but it had not wanted it there. Cm. Swalwell asked if these types of stadiums made money. Mr. Shapiro stated, in terms of the team, hopefully they would make money. The Rivercats in Sacramento stated they were making a lot of money. San Jose where the Giants Single A Team played, was losing money. It had to do with location, market and quality of the facility. Cm. Biddle stated one of the first steps was for Centerfield Partners to find a commercial developer. If they could not find a commercial developer, then that was a good indication that it was not a viable park to go ahead with. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 G~~OF DpB~y REGULAR MEETING nr ~ a~ July 19, 2011 '~~~~~~~ ~~~ ~ DRAFT f ~~ Cm. Hildenbrand asked, in regard to the potential sites mentioned, were there still opportunities at these sites. Mr. Clark stated there was still interest. Development had been difficult to achieve. The issue was not a vote against a baseball stadium itself, it was the difficulties in financing, finding money and making the much larger process work. Cm. Biddle asked, in regard to the four prospective teams mentioned, would they all be located in the Bay Area. Mr. Clark stated the four teams would be part of the larger league of the North American Baseball League. Those four teams would be franchises owned and operated by CenterField Partners. They had a deal with the North American Baseball League for the rights for up to four teams to play in the North American Baseball League. Those four franchises would be located in the ten County Bay Area. Mayor Sbranti stated he had been part of some of these conceptual discussions. He had suggested bringing the idea forward to the City Council for consideration. Some of the interested parties wanted to know if the City Council would conceptually support the idea before investing time and money. Staff could help identify potential locations. Centerfield Partners would have the leverage to go in to say the City Council conceptually supported the idea. All three options mentioned should be part of the conversation. Public/private partnerships were worth exploring. This was exciting and was in line with the City's strategic goals. Cm. Hildenbrand stated she was interested in the concept and would like to see what CenterField Partners would bring back. She did not want to count this out in concept right now. This was much more community serving than a major league team. She would like to see the stadium in the Downtown area, if it were to work. Anywhere that people could take advantage of using public transit would be great. Cm. Swalwell stated his level of interest was deep. He would love to have this in Dublin. This would add a benefit to the community that was family-oriented. He would support City Staff working with Centerfield Partners to make it happen. Cm. Biddle stated this was not a short process. The first big indicator was finding the development partner and then it should proceed as any other development the City had, including appropriate studies completed and paid for by the developer and the partners. It was early in the process. He was not in favor, at this time of any kind of public financing. This did not fit the concept of a City park, at all. This was a ball park and a commercial venture. The City should proceed on that basis, just like any other development. Vm. Hart stated he was in support of the concept and the other City Councilmembers' comments. It was exciting and provided opportunities for the community. Transit was a big issue. He was very supportive. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 `~OFDp~~ REGULAR MEETING n; ~ ~~ July 19, 2011 '`~~~~~~ ~'~GIFpR~~ DRAFT a~ 3 ~ City Manager Pattillo stated, recognizing there was support for the concept, she had heard different levels of involvement of the City. When speaking of the analysis and the metrics of finances, that was a study that was outside the City's purview. She needed to bring that to the attention of the City Council. That would be brought back for the City Council's consideration. There was a certain point and time where the City could say they believed it cost this much, Centerfield Partners thought it cost this much, and somewhere in between we needed to do an economic analysis. Anytime there was a public participation, it was the City's civic duty to do that. Staff could meet and talk with CenterField Partners, but the question to the City Council was if they wanted the City to analyze that, the City Manager needed to return to the City Council with a Staff Report that came up with the fiscal analysis that needed to be completed with this project. There could not be the absence of saying, yes, it makes sense. The City needed to understand the metrics. If that was the direction tonight, to come back and look at private/public partnerships, then there needed to be a fiscal analysis. Cm. Biddle stated at this point he was not in favor or any private/public partnership. Would the study the City Manager was referring to be paid for by the developer? City Manager Pattillo stated, on this project, she would recommend the City pay for it. If the concept was that the City Council wanted to have a baseball or entertainment field, it should be a broader discussion. It was more conceptual in nature because Centerfield Partners did not have a commitment on any single one of the properties to say they were the developer. If the City took a step back, it might cost the City money, but it would be taking a look at the economics from a long view, versus just this proposal. Cm. Swalwell stated he supported City Staff looking at this but he wanted to know what it would cost. City Manager Pattillo stated it would be brought back to the City Council. Mayor Sbranti stated he was looking forward to Staff bringing back different options. _ ~ , ~~ PUBLIC HEARINGS - None ~'i UNFINISHED BUSINESS Automatic External Defibrillator Proqram Options 8:25:59 PM 7.1 (520-70) Cm. Swalwell left the dais and the meeting. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 ~.~og~ REGULAR MEETING i~; ~ ~~~ J u ly 19, 2011 '\`~!~~/% ~, DRAFT a ~3 Alameda County Fire Deputy Chief Demetrious Shaffer presented the Staff Report and advised that in March 2011, the Dublin City Council directed Staff to form a joint task force comprised of City Staff, the Dublin Chamber of Commerce, Alameda County Emergency Medical Services (EMS), and the Alameda County Fire~ Department. The purpose of the Task Force was to increase the number of Automatic External Defibrillators (AED) in the community, increase the awareness level of the business community as to the importance of AEDs and provide informational material on the County's Public Access Defibrillator (PAD) program for those interested in making AEDs available at their place of business. Vm. Hart stated the City needed to market the locations of the AEDs and make sure the locations met the sign standards and the appropriate signage for the device itself. He did not believe the City went far enough. He would like to see the City adopt an ordinance that required any commercial business with 25 employees or more be mandated to have one, as well as every area that had a high concentration of "X" amount of the public. He appreciated the work that had already been done, but would like to see more. He was not supportive of Item 1 E, placement of AEDs in police cars. Primarily because, although they were trained regarding AEDs, that was not their primary function. Cm. Biddle stated he appreciated the list of current and recommended AED locations. He supported the recommendation to work with these businesses/entities. Cm. Swalwell stated identifying these businesses was important. He was pleased with what Staff had accomplished. Putting pressure on the businesses to implement AEDs would work better than requiring them. That was what he supported. He was in favor of Vice Mayor Hart participating in the educational piece for the need of AEDs. Cm. Hildenbrand stated she would like the City to move to having AEDs located where there were more people. She understood it was a financiaf hardship for some of these businesses right now. She was glad the City was moving forward. Mayor Sbranti asked if the letters to businesses regarding AED importance could be prepared for signature by himself and Vice Mayor Hart. Vm. Hart asked Staff to identify more descriptively what "further develop the outreach program and implement the stated objectives" meant in the Staff Report. He also asked for a definition of "priority businesses" as stated in No. 4 of the "Possible Next Steps" outlined in the Staff Report. Chief Shaffer stated it was left sufficiently vague to allow for the City Council's input and comments. Priority business referred to, one, those that were already required by State law to have them, e.g., health and fitness centers. But State law provided no definition of what that meant. Other businesses would be those where large numbers of people gathered. Regal Theatres was going to get AEDs. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 30 G`,~oFOOB~ REGULAR MEETING in ~ ~~~ July 19, 2011 '``~~~~f 4GIFpR~~ DRAFT ~ ~~~ Mr. Foss stated the City was having conversations with the General Manager of the theaters to be the test case for this program. This was the City's biggest draw of people. Their organization was interested in hearing more about the program. Vm. Hart stated this community was fiAed with police officers, fire fighters, doetors and nurses that could facilitate the use of the AEDs because the fire department could not be all places all the time. Mr. Foss stated the City had a conversation with Dublin Police Chief Tom McCarthy regarding the placement of AEDs in City patrol cars. The City had identified a funding source for the AEDs in police cars. Chief McCarthy stated there was currently a small number of AEDs in patrol cars. One reason the police department wanted the AEDs,in the patrol cars was because they had tasers and would want immediate access to one if needed. Also, police patrolled gatherings where there were large numbers of people and they might be in need. Vm. Hart stated he wanted to ensure the public that he was not steering the program in that direction. He wanted to ensure that it was understood he did not want to overstep his bounds of his civilian job in the Alameda County Sheriff's Department. Mr. Foss stated the City did not keep track of employee counts as part of the City's Business License process. They left that up to the businesses to provide that information. The City could approach those businesses it thought had large numbers of employees. Vm. Hart stated he was interested in knowing if it was feasible for the Fire Department to make a recommendation of the AAD to purchase so there was not a problem. Chief Shaffer stated there was not one that was compatible with the Fire Department's apparatus. By consensus, the City Council directed Staff to proceed with the Next Steps as outlined in the Staff Report and also format a letter to businesses from the Mayor and the Vice Mayor, and report back to City Council within a year. NEW BUSINESS Converting the Temporary Policy for the Rental of Below Market Rate Ownership Units into a Standard Citv Policv 8:49:18 PM 8.1 (430-80) Community Development Director Jeri Ram presented the Staff Report and advised that due to the continuing slow-down in the housing market, for-sale Below Market Rate (BMR Sale Unit) DUBLIN CITY COUNCIL MINUTES 13 VOLUME 30 `~OFD~ REGULAR MEETING rn ~ ~a July 19, 2011 '`~~~~~~ Gic~ e~ DRAFT 33 ~ owners desiring to sell their BMR Sale Unit are having di~culty finding qualified buyers willing to purchase the units at the restricted resale price. Qualified buyers would rather purchase market rate homes free of resale restrictions rather than a BMR Sale Unit that is priced close to or above market rate prices. To assist BMR Sale Unit owners who are having difficulty in finding qualified buyers, the City Council adopted and subsequently extended a temporary policy for BMR Sale Unit owners to rent their units. Owners can rent their units for finro-year intervals if they satisfy requirements set forth in the temporary policy. Based on Staff's research, it was recommended that the temporary policy be converted into a standard City policy. Cm. Hildenbrand stated she was glad the City was proposing to revise the policy instead of hearing requests on a case-by-case basis. Granting the owners the opportunity to rent allowed the unit to stay in the market and have someone rent an affordable unit. The City could not have foreseen the situation as the market had changed since the policy was written. Vm. Hart stated he understood Cm. Hildenbrand's comments but, by making this a permanent policy, it allowed BMR units to be rented and it further eroded the City's housing program. Once the policy was made permanent, the City would not have any control over this. Cm. Hildenbrand stated the units would still have to be rented at a below market rate. Ms. Ram stated, yes, the owners had to execute an agreement with the City to that affect. Cm. Hildenbrand stated the policy was established so a person could not buy a below market rate unit and then move out and rent it at a market rate. That was the idea behind some of the restrictions. Mayor Sbranti stated there would still be City oversight and monitoring on an annual basis. Ms. Ram stated the City monitored all of the units on an annual basis. There.was a lease agreement and a rental restriction agreement that ensured the unit was rented for the restricted rent under the City's program. Vm. Hart stated he would be in favor of extending the current policy for another two years to see what the market looked like at that point. Mayor Sbranti asked if there was a reason this was being proposed as a standard City policy versus being extended for a shorter period of time. Ms. Ram stated the City had received feedback from some of the BMR unit owners that they were having a hard time renting because people wanted to rent or lease for longer than a year. Vm. Hart asked what was the actual number of units that were being considered here. Ms. Ram stated there were 10 units currently listed for sale under the current program. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 30 G`~OFDpB~~ REGULAR MEETING u, ~ir ~~~ July 19, 2011 '`~~~~~~ ~ ~4G! R~~ DRAFT 33 Vm. Hart asked if those 10 units would have to wait the stated six months before being able to rent, or could they rent immediately. Ms. Ram stated they would have the ability to rent immediately if the market analysis showed that what they could sell it for more than what the market price was for a similar unit. City Manager Pattillo stated, if the sticking point was standardizing this policy, then the City could extend it to 2014, and then be brought back for City Council consideration. City Attorney John Bakker stated the finro key differences in the proposed policy were that it made it permanent, and secondly, it established a five year period for the owners to rent the unit. Vm. Hart stated it also included unlimited renewals to rent. Mr. Bakker stated the City Council could repeal the policy at any time. The City Council could adopt the policy that was in front of them tonight, and repeal it anytime. Some owners could have entered into an agreement to rent their units for a period of five years. The old policy was only in effect for two years, and then it would sunset. Did the City Council want to go with the new policy for a short period of time or was it trying to go back to the way the policy read before, and extend the existing policy? City Manager Pattillo stated, if she understood correctly, one of the City~ Councilmember's concerns was the standardization of the policy. It seemed the City Council was looking for something temporary, but recognized the market conditions. The policy ended in 2012. Would the City Council prefer that Staff return with something temporary but extending the term of the existing policy? Assistant City Manager Chris Foss stated this proposed policy could be looked at in two parts. In regard to the required six-month listing policy, was the City Council in agreement with revising the requirement for a six month listing to providing a market analysis? The question of the extension or the time period for the policy could be addressed separately. ~ By consensus, the City Council agreed to revise the policy to include the owner the opportunity to request to rent their unit without having to market their unit, providing a real estate market analysis report that included comparable home sales data and prepared by a City-approved real estate professional, was submitted to the City that demonstrated the restricted resale price was greater than the market price for a similar unit. Mr. Foss stated the second part of the proposed policy dealt with the term of the agreement. City Manager Pattillo had proposed extending the current policy, with the previously mentioned change, and extending it out to 2014. The City Council could also agree to extend it for five years with no unlimited extensions and bring it back in 2016 or 2017. That would allow the renters more certainty than a two year rentaL DUBLIN CITY COUNCIL MINUTES 15 VOLUME 30 G~~~OF DpBf REGULAR MEETING a~~~~~~ July 19, 2011 ~~ ~ ~~ ~`1GIFpR~~ DRAFT ~3 Vm. Hart stated he was uncomfortable putting the extension too far out in advance. He wanted to make sure the City controlled the BMR units and saved them for those residents that needed them. It might further erode the City's housing program. Mr. Bakker clarified that the proposed policy stated the owner could get a five-year term, and the City, at its discretion, could offer unlimited extensions. The owner did not have a right to the extensions. The City had to approve those extensions after a market analysis. Vm. Hart stated it appeared the City would have control of extensions. Mr. Bakker stated that was correct. City Manager Pattillo stated the City would have to provide an explanation if it chose to deny the extension. City Attorney Bakker stated that was correct. If the City Council had repealed the policy in the meantime, the City would not have to provide an explanation of denial as the authority would have been repealed at that point. Mayor Sbranti proposed extending the current policy until 2014, but anyone that entered an agreement within that time period would have five-years to rent. In 2014, the City Council could review the policy. Mr. Bakker stated the City Council's concurrence seemed to be the resolution became effective tonight and that it would automatically be repealed two years thereafter. In the old version, it had ,a policy term and it would only be in effect for finro years. Staff would have to redraft the policy. City Manager Pattillo clarified that the City Council's direction was approval of the market analysis in place of the six month listing, and the desire for a temporary practice versus a standardized policy. The policy would be brought back for City Council review in advance of 2014, as it would sunset in 2014. There would also be adjustments as it related to the BMR and the experience Staff had had over the number of years as it related to this economy: It was an issue of temporary versus standardization. The City Council concurred with City Manager Pattillo's clarification regarding Staff direction. ~/ DUBLIN CITY COUNCIL MINUTES VOLUME 30 Gl~OFDpB~ REGULAR MEETING ~ii ~ a~ July 19, 2011 1`~~~~~~ ~'1GIFOR~~ 16 DRAFT ~ ~ City Council Ad-Hoc Committee Assignments for Economic Development, Social Media Communications, and Wine Reqion Connectivitv 8:23:24 PM 8.2 (110-30) Economic Development Director/Public Information Officer Linda Maurer presented the Staff Report and advised that, on June 21, 2011, the City Council adopted the Fiscal Year 2011-2012 Budget which included new strategic and operational initiatives that warrant additional policy guidance and direction from the City Council. Staff was proposing the formation of three ad-hoc committees to address these initiatives - Economic Development, Social Media Communications and Wine Region Connectivity. On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 135-11 ESTABLISHING AD-HOC COMMITTEES FOR ECONOMIC DEVELOPMENT, SOCIAL MEDIA COMMUNICATIONS AND WINE REGION CONNECTIVITY AND ACCEPTING THE MAYOR'S APPOINTMENTS -. Approval of Traffic Control on Lockhart Street 9:11:27 PM 8.3 (820-80) Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that in preparation for the opening of the new Kolb Elementary School on Palermo Way in eastern Dublin, it was recommended that stop signs be added on Lockhart Street at Palermo Way to help facilitate safe ingress and egress to the school site for pedestrians, bicyclists and motorists. Vm. Hart asked about the motion crosswalks. Was there a standardized time those were used? Ms. Bourgeois stated those were implemented where there were no controls. On motion of Cm. Hildenbrand, seconded by Vm. Hart and by unanimous vote (Cm. Swalwell absent), the City Council adopted RESOLUTION NO. 136 - 11 AMENDING THE DUBLIN TRAFFIC CODE DESIGNATING THE LOCKHART STREET/PALERMO WAY INTERSECTION AS STOP-CONTROLLED ON ALL APPROACHES ~~ DUBLIN CITY COUNCIL MINUTES . 17 VOLUME 30 oe ~~ REGULAR MEETING n;~/ ~~ a~ ' July 19, 2011 '~~v~~~~ ~c, ~ DRAFT ~3 . OTHER BUSINESS Brief /NFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:14:39 PM Cm. Biddle stated he attended the Sprouts Grand Opening, the Heritage Parks and Museums grand opening, the National Night Out Kick-Off, and a meeting with the Urban Land Institute. Vm. Hart stated he attended the Heritage Parks and Museums grand opening and National Night Out Kick-Off. He asked if there was a way to look at the crossing of pedestrians at Hacienda Crossing, across the main drive aisle. He was concerned that it was a safety hazard as he witnessed people jay walking. He asked if there could be better signage? City Manager Pattillo stated Staff would work with the property owners on this issue. Cm. Hildenbrand stated she attended a Livermore Amador Valley Transportation Agency meeting. Mayor Sbranti stated he attended Paul Moffett's funeral, the N 30 Board meeting, the Alameda County Mayor's Conference, and an i-GATE meeting. Cm. Biddle asked if the recent cuts in the courts system would affect the City. City Manager Pattillo stated she followed up with the County Administrator. The County was moving forward and they would have to come before the City Council if they did not do something actively soon. The County wanted to move this forward. There was not discussion about stopping the project based on fiscal issues. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:27:40 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 18 VOLUME 30 ,~~P ~U REGULAR MEETING rn ~~~ July 19, 2011 '~~~~~~~ GcnbR~'~