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Home My WebLink About02-16-2010 Adopted CC MinOr' DU~~~G MINUTES OF THE CITY COUNCIL ~~~ OF THE CITY OF DUBLIN ~~ ~~ 82 ~ l~ REGULAR MEETING -February 16, 2010 ~~ )\ .i~ CLOSED SESSION A closed session was held at 6:30:58 PM, regarding: I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Westernmost Portion of Scarlett Court, Dublin Agency negotiator: City Manager Negotiating parties: KBH Investments, LLC Under negotiations: Price and terms of payment II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5501 De Marcus Blvd., #364, Dublin, CA Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney Negotiating parties: Andrea McGowen Under negotiation: Price III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3275 Dublin Blvd., #320 Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney Negotiating parties: Zarina Bafaiz Under negotiation: Price IV. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3245 Dublin Blvd., #431 Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney Negotiating parties: Lilia Cuevas and Shereen Rabara Under negotiation: Price A regular meeting of the Dublin City Council was held on Tuesday, February 16, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01:54 PM, by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: None DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 REGULAR MEETING ,9` ~~~~ February 16, 2010 \~ 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. ORAL COMMUNICATIONS Certificate of Recognition for Eagle Scout Christopher Cunningham 7:02:45 PM 3.1 (610-50) The City Council presented a Certificate of Recognition to Christopher Cunningham for his achievement of the rank of Eagle Scout. Dublin Unified School District Presentation regarding Dublin High School Construction Update 7:10:54 PM 3.2 (130-60) Dublin Unified School District (DUSD) Superintendent Dr. Stephen Hanke stated he and staff would make a presentation sharing the success of the DUSD Facilities Program. He introduced DUSD School Board President Dave Haubert. Mr. Haubert stated the presentation would show results of Measure C funds and Facilities projects. Kim McNeely, Director of Facilities, DUSD, presented recent improvements to DUSD facilities, including upgrades at schools within DUSD. The City Council received the presentation and thanked DUSD for the presentation. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 REGULAR MEETING ~„`~ ~~;~ 19 ~ 82 February 16, 2010 ~~~ ~~ Recognition of Rev. Napolean Kaufman 7:05:32 PM 3.3 (610-50) The City Council presented a Certificate of Recognition to Rev. Napolean Kaufmann of the Well Christian Community, in recognition of being awarded the 2009 Bay Area Leadership Forum's Chairman's Award for his commitment to improving the lives of people throughout the Bay Area. Rev. Kaufman thanked the City Council for the certificate and stated it was a privilege to serve in the City of Dublin. Public Comments 7:35:54 PM 3.4 No comments were made by any member of the public at this time. CONSENT CALENDAR 7:36:05 PM Items 4.1 through 4.9 On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes -None. Adopted (4.2 600-35); RESOLUTION NO. 13 -10 APPROVING AN AGREEMENT WITH TOMASI DUBOIS & ASSOCIATES FOR THE CIVIC CENTER CARD READER SECURITY SYSTEM Adopted (4.3 600-35) RESOLUTION NO. 14 -10 ESTABLISHING A POLICY FOR THE REPAIR OF PUBLIC IMPROVEMENTS DEEMED TO BE PEDESTRIAN HAZARDS (CITY FUNDED REPAIR PROGRAM DUBLIN CITY COUNCIL MINUTES s VOLUME 29 REGULAR MEETING i9``~ ,~ ~~~ February 16, 2010 ~~~ Adopted (4.4 600-40) RESOLUTION NO. 15 - 10 APPROVAL OF FUND TRANSFER AGREEMENT BETWEEN ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY AND CITY OF DUBLIN FOR THE I-580 LANDSCAPE REPLACEMENT PROJECT Adopted (4.5 540-50) RESOLUTION NO. 16 -10 DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF Adopted (4.6 360-20) RESOLUTION NO. 17 -10 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD AREA) and RESOLUTION NO. 18 -10 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCEASSESSMENT DISTRICT 86-1 (VILLAGES AT WILLOW CREEK) and RESOLUTION NO. 19 -10 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 861 (VILLAGES AT WILLOW CREEK) and RESOLUTION NO. 20 -10 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) and DUBLIN CITY COUNCIL MINUTES a VOLUME 29 ~~aF °°~ REGULAR MEETING n; ~ ~~ February 16, 2010 '~~~~~ 4LIFpR~ RESOLUTION NO. 21 - 10 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) Adopted (4.7 600-30) RESOLUTION NO. 22 -10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PURCHASE AND SALE AGREEMENT WITH KBH INVESTMENTS, LLC Adopted (4.8 600-30) RESOLUTION N0.23 - 10 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GOTERRA INC. (dba 3DiWest) FOR AERIAL ORTHOPHOTOGRAPHY SERVICES and RESOLUTION NO. 24 - 10 APPROVING A MEMORANDUM OF AGREEMENT FOR ORTHOIMAGERY ACQUISITION BETWEEN THE CITIES OF DUBLIN, LIVERMORE, AND PLEASANTON Reviewed (4.9 300-40) and authorized the issuance of payments. WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Participation in CaliforniaFIRST - Financing Program for Energy Efi'iciency and Renewable Enerav 7:36:29 PM 6.1 (530-10) Mayor Sbranti opened the public hearing. DUBLIN CITY COUNCIL MINUTES s VOLUME 29 REGULAR MEETING 19;` ~~,~~ February 16, 2010 ~~~ r Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider adopting a resolution authorizing the City to join CaliforniaFIRST, a program designed to assist in financing energy projects. The program was coordinated by California Communities, a joint powers authority. The City Council action would authorize California Communities to accept applications from Dublin property owners who wish to use a property assessment to finance energy improvements. The action would also authorize California Communities to conduct contractual assessment proceedings and levy contractual assessments on behalf of the City within the territory of the City of Dublin. The City would be responsible to pay up to $12,500 for program setup fees. Cm. Hart asked if this would include hot water heaters, heaters, washers and dryers. What was the maximum amount? Mr. Bradley stated if the item improved energy efficiency in the home, it would be eligible under this program. The maximum amount per property was $75,000 and the minimum was $5,000. Cm. Hart stated he wanted to make sure the citizens understood the program details. It could be used for solar, water efficiency, as long as it was energy efficient. Mayor Sbranti asked about the marketing plan for this program. Mr. Bradley stated CalforniaFIRST would be holding town hall meetings and had a website. There was a grant being sought by the County to set up an additional customer service mechanism to give people more guidance and information about the program. Cm. Biddle stated there would also be individual consultations for families that were interested in the program. Vm. Hildenbrand stated that Stopwaste.org had notified her that the proposal for AB811, sponsored by the County, and the Green Package led by Stopwaste had been approved for recommended funding from the California Energy Commission for federal stimulus money. It looked like they were being recommended for $3.5 million in stimulus funding. Many of these projects were moving forward. Cm. Hart stated there could be some additional funds to help out the Dublin Unified School District. City Manager Pattillo stated the City was also looking at developing a master program for the civic buildings. Parks and Facilities Development Manager Herma Lichtenstein had worked on setting up some of the civic building roofs for solar systems. . No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~ REGULAR MEETING 19;~~C~ February 16, 2010 ~~~'~~j// ~'1G/FOR~1~ On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 25 -10 RESOLUTION AUTHORIZING THE CITY OF DUBLIN TO JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL- ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS and adopted the Budget Change for $12,500 for program setup expense. Tennis Court Use Policy and Rental Fee Schedule 7:47:08 PM 6.2 (920-20) Mayor Sbranti opened the public hearing. Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council would consider revisions to the Emerald Glen Tennis Court Use Policy which was last updated in 2001. Due to the opening of the Fallon Sports Park in summer 2010, Staff was proposing changes to add the new courts at Fallon Sports Park and clean up the policy language to make it consistent with other City rental policies. There were no fee increases proposed for the tennis courts. Cm. Biddle asked how much was rental traffic and how much was walk on use. Mr. McCreary stated there was only one group that rented. Ninety-five percent was walk on. Mayor Sbranti asked about the official policy to rent a tennis court at Dublin High School (Dublin Unified School District-DUSD). Mr. McCreary stated the City did not adopt policy for DUSD, but the City did reserve facilities, fields and buildings on behalf of DUSD. The applicant could rent it through the City and the City would forward the application to the DUSD. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES 7 VOLUME 29 REGULAR MEETING 19, ~~~~ February 16, 2010 ~~ Mayor Sbranti stated the City might want to revisit this policy in a year or two once Fallon opened up as there might be an increase in usage. An eye should also be kept on the tennis courts at Dublin High School because the courts were in disrepair. The City had been involved in resurfacing the courts in the mid 1990s. As part of the City's Goal and Objective relative to joint projects, the tennis courts were another project to keep on the City's radar as far as lit courts. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 26 - 10 ESTABLISHING FACILITY USE POLICY AND RENTAL FEES FOR USE OF TENNIS COURTS Emerald Glen Group Picnic Area Use Policy and Rental Fee Schedule 7:53:43 PM 6.3 (215-20) Mayor Sbranti opened the public hearing. Assistant Director of Parks and Community Services Paul McCreary presented the Staff Report and advised that the City Council would consider revisions to the Emerald Glen Group Picnic Area Use Policy and Rental Fee Schedule which was last updated in 2006. Staff was proposing changes to the policy to help streamline rental procedures and increase rental fees to better offset picnic area maintenance costs. The City Council and Staff discussed the distance from the parking area to the picnic area being 650 ft. in relation to users having to cart items to the picnic area. Because there had been abuse of permission to drive cars to unload items at the picnic area, it was being recommended that this not be allowed. The City Council agreed to the new policy with the clarification that the policy stated the Parks and Community Services Director could work with renters in granting exceptions to the rule, if so needed. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES s VOLUME 29 REGULAR MEETING i`` ~~_~~~~ February 16, 2010 ~~~ RESOLUTION NO. 27 -10 ESTABLISHING FACILITY USE POLICY AND RENTAL FEES FOR USE OF THE EMERALD GLEN GROUP PICNIC AREA UNFINISHED BUSINESS State Energy Program Funding under the American Recovery and Reinvestment Act of 2009 (ARRA) 8:11:26 PM 7.1 (600-50) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider adopting resolutions authorizing the submittal of applications by regional partners on behalf of the City of Dublin to the California Energy Commission's (GEC's) State Energy Program (SEP) for funding opportunities that would benefit the City of Dublin. Each of these opportunities was funded by the American Recovery and Reinvestment Act of 2009 (ARRA), the Federal Government's "Stimulus Package". The CEC released solicitations under the SEP program in October 2009. These programs collectively offered opportunities to pursue funding that would enable energy efficiency improvements to Dublin's residential, commercial, industrial and municipal building stock. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION N0.28 -10 RESOLUTION AUTHORIZING SACRAMENTO COUNTY TO ACT AS LEAD APPLICANT FOR A STATE ENERGY PROGRAM GRANT FOR A MUNICIPAL FINANCING PROGRAM (SEP 1) ON BEHALF OF THE CITY OF DUBLIN and RESOLUTION NO. 29 - 10 AUTHORIZING THE ASSOCIATION OF BAY AREA GOVERNMENTS TO ACT AS LEAD APPLICANT FOR A STATE ENERGY PROGRAM GRANT FOR A COMPREHENSIVE RESIDENTIAL BUILDING RETROFIT PROGRAM (SEP 2) ON BEHALF OF THE CITY OF DUBLIN DUBLIN CITY COUNCIL MINUTES s VOLUME 29 REGULAR MEETING 19;`~ ~ ~ ~~~ ry ~\~~ / Februa 16 2010 ~~ ~r Smoking Pollution Control Ordinance Annual Compliance Report for Apartment Housing 8:13:36 PM 7.2 (560-90) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would receive a report outlining compliance with the Smoking Pollution Control Ordinance as it related to apartment rental housing complexes within the City that had 16 or more units. Specifically, the ordinance required that apartment complexes designate 50% of their units as non-smoking by January 1, 2011, prohibit smoking in common outdoors areas, disclose to prospective tenants the number and location of smoking and non-smoking units within a complex, location of any smoking areas, and any procedures for addressing smoking- related complaints. The report highlighted the compliance measures that had occurred during the first year of the ordinance. Cm. Hart stated that by the look of the application submittals, it appeared some of the complexes had not taken them seriously. Staff needed to be vigilant. He was disappointed. He did not believe the complexes would lose residents by enforcing the policy and he expected it to be enforced. Cm. Biddle stated the ordinance should be reviewed in January 2011. The reporting requirements might be able to be reduced. Vm. Hildenbrand stated when this was first discussed, she was looking to have all the apartments be completely smoke-free. The City had heard from property managers that wanted the percentage to be less. The City put a Task Force together and this was a compromise. Not everyone had moved forward this first year. What progress has really been made? The City had tried to work with them. This could be done in a year. She hoped by the end of the two years, the complexes were at 50%. The complexes might be losing a very small percentage of renters. The City had compromised with the property owners and managers. Mayor Sbranti stated the City needed to work with the complexes. The complexes had been given until January 2011 to comply. Fifty-percent was an attainable goal. He appreciated that the complexes were surveying their residents to have an accurate count. Cm. Hart stated he would like the City Council to consider having Staff write a proposed schedule/timeline for the survey and notification of residents for use up to the December 31, 2010 deadline. It could be done in incremental stages. It would not be binding, just a suggested timeline. The City Council directed Staff to come up with a suggested timeline for the complexes and received the report. DUBLIN CITY COUNCIL MINUTES ~o VOLUME 29 ~ REGULAR MEETING 19,`~ , °~ Februa 16 2010 ry \\~ Updated Report on the Feasibility of a Dublin Farmers' Market 8:29:14 PM 7.3 (470-10) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council established a Fiscal Year 2009-2010 Goal and Objective to "explore the feasibility of a farmers' market in Dublin." Staff had surveyed the community regarding its preferences for a market and was prepared to present its findings and recommended that the City Council consider a farmer's market in 2011. Cm. Hart asked if the survey correlated the preferred locations of respondents to where they lived. Ms. Maurer stated she had and their responses for the preferred location were those closest to their home. Cm. Hart asked what was the percentage breakdown of respondents from the west side of the City versus the east side. Ms. Maurer stated it was a 50-50 breakdown. Vm. Hildenbrand stated her concern was that the location was so close to Pleasanton. If the City was going to do it the day before Pleasanton did theirs, the City needed to make sure the right entertainment was there. It was a good move to tie it with concerts in the park or it could be done in conjunction with the outdoor movies. She would like to see a mix of vendors. Mayor Sbranti stated the survey results validated the fact that this was something residents wanted to see. The Farmers Market Association liked Emerald Glen Park. The City could have a package that the other cities did not have. Staff could work on a comprehensive program with the Farmers Market for 2011. The City Council received the report and directed Staff to work on a proposal for a more comprehensive program on Friday evenings that included the farmer's market, as well as other entertainment. NEW BUSINESS -NONE DUBLIN CITY COUNCIL MINUTES 11 VOLUME 29 REGULAR MEETING 19;`~ , ,,~ February 16, 2010 ~~ ~ OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 8:45:05 PM Cm. Biddle stated he attended the County Library Commission meeting. He and Mayor Sbranti visited Palo Alto Medical and were taken on a tour. He attended the Waste Management Planning Committee meeting and the Dublin Pride Week Committee meeting. Vm. Hildenbrand stated the League of California Cities Bocce Ball Tournament would take place in March. Cm. Scholz stated she was looking forward to the Volunteer Recognition Event; and the East Bay Division meeting. Cm. Hart stated he attended an Associated Community Action Program meeting. Mayor Sbranti stated he attended a Black Heritage event at Valley Christian, the Palo Alto Health Medical tour, a health advisory council meeting, the TV30 Board Retreat, and a Las Positas satellite meeting. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:53:42 PM in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. ATTEST: (,~, ~ ~ ' City Clerk ~~~ Mayor DUBLIN CITY COUNCIL MINUTES ~2 VOLUME 29 REGULAR MEETING 19;`~~} ,~ February 16, 2010 \`@"~~j~