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HomeMy WebLinkAbout04-06-2010 Adopted CC Min~~ \ ~ , - _~. \~/w MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - Aaril 6, 2010 A regular meeting of the Dublin City Council was held on Tuesday, April 6, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02:09 PM , by Mayor Sbranti. • ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: None •~ PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. • ORAL COMMUNICATIONS Certificate of Recoqnition - Dublin Hiah School Soccer Team (Coach James Fulwiler) 7:03:15 PM 3.1 (610-50) The City Council presented a Certificate of Recognition to the Dublin High School Soccer Team for their outstanding accomplishments including the Diablo Foothill Athletic League (DFAL) Championship League Title. • On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council agreed to move Item 8.2, Acceptance of Donation from Dublin/San Ramon Women's Club to Support Dublin Heritage Center Local History Curriculum Kit, to the beginning of the meeting. • DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 P~ REGULAR MEETING 19'~~_~~ `" April 6, 2010 ~~~~~j~ ~ ~ Public Comments 7:26:07 PM 3.2 No comments were made by any member of the public at this time. • CONSENT CALENDAR 7:26:15 PM Items 4.1 through 4.4 Mayor Sbranti pulled Item 4.3 for further discussion. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meetings of December 15, 2009, February 16, 2010, and March 2, 2010 and Adjourned Regular Meeting of February 24, 2010; Authorized (4.2 600-35) Staff to advertise Contract No. 10-03, Dublin Sports Grounds Phase IV; Reviewed (4.4 300-40) and authorized the issuance of payments. • Mayor Sbranti pulled Item 4.3, Authorization to Purchase Play Equipment for Emerald Glen Park through U. S. Communities Purchasing Agreement and Approve Agreement with Ross Recreation Equipment Incorporated to Remove and Install Play Equipment (215-30/600-30), and asked if this was an exact replacement of the present play equipment. Parks and Facilities Development Coordinator Rosemary Alex stated the play equipment was being provided by a different manufacturer than the original play equipment. It was as close a match as possible. Mayor Sbranti asked about not going to bid for the purchase of the equipment. Was the City grouped with other cities in having gone out to bid for the equipment? Ms. Alex stated the City would purchase fhe equipment through the U. S. Communities program. A public agency, the City of North Carolina, publicly bid playground structures and received proposals from six vendors. The proposal they received from Landscape Structures provided a list price with a six percent discount. Because the play equipment was publicly bid, the City was able to piggy-back on that materials purchase and did not have to do an individual public bid. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 `~~~ REGULAR MEETING i;~~~~~~ April 6, 2010 `~ ~ /~ , Because the removal and installation component was an incidental component of the overall project, the City was able to issue a purchase order for Ross Recreation, the local vendor for that play structure, to do that component of the work. Mayor Sbranti stated this process seemed different than previous projects. City Attorney Bakker stated this process may have been utilized for materials or supply purchases before. This was distinct in that it had an installation component in it. It was a pretty standard practice in municipal government. Parks and Community Services Director Diane Lowart stated this group had a list of different items that had been publicly bid that the City could piggy-back onto. Several years ago the City purchased copy machines through this practice. Mayor Sbranti asked if another agency publicly bid, could the City also purchase that item at that price. Ms. Lowart stated, yes, only if they were a part of this particular consortium, U.S. Communities program. City Attomey Bakker stated the City's purchasing ordinance had a piggy-back provision as well to authorize this process. It was more typical for supplies. Ms. Alex stated the procedure was also used when Fallon Sports Park was bid in regard to purchasing synthetic turf. They eventually accepted the bid of the general contractor. It was a different avenue but Staff was attempting to be more streamline and cost effective. Mayor Sbranti stated he liked when the City went to bid. If there was a clear cost savings and it made sense to do so, then he agreed. He did not want this to become the City's standard practice. On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUT/ON NO. 42 - 10 AUTHOR/Z/NG THE C/TY MANAGER TO PURCHASE PLAY EQU/PMENT FROM LANDSCAPE STRUCTURES, INC. PURSUANT TO THE U. S. COMMUN/TIES GOVERNMENT PURCHASING AGREEMENT, AND TO CONTRACT WITH ROSS RECREAT/ON EQU/PMENT INC. FOR THE REMOVAL AND /NSTALLAT/ON OF PLAY EQU/PMENT •~ DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~oF~, REGULAR MEETING ,,; ~e`;~ April 6, 2010 '~~~~~j~ ~c,FOa~'m WRITTEN COMMUNICATIONS - None •~ PUBLIC HEARINGS School of Imagination, Planned Develoament Rezone with a related Staqe 2 Development Plan, PA 10-004 7:35:30 PM 6.1 (450-30) Mayor Sbranti opened the public hearing. Environmental Specialist Martha Aja presented the Staff Report and advised that the School of Imagination project site is located within the Schaefer Ranch development. The proposed project included a Planned Development Rezone with a related Stage 2 Development Plan and Site Development Review to allow for the construction of a 12,065 square-foot building with playground and related improvements on the project site. The Planning Commission approved the Site Development Review on March 9, 2010 and this approval was contingent on the City Council approval of the Planned Development Rezone. Cm. Hart asked how much grading would be needed at the site. Ms. Aja stated grading had already taken place. Cm. Hart asked if any fill be necessary. Doug Chen, representative of Discovery Builders, stated grading had been completed to a pad elevation. There would be minor grading of a few hundred yards for landscape and parking. Cm. Hart asked about the slope in the back of the building and if there would be fencing. Mr. Chen stated there would be slope and fencing. Vm. Hildenbrand asked when construction would start. Mr. Chen stated construction would start in approximately nine months. Cm. Hart asked about status of enrollment. Mitch Sigman, founder of School of Imagination, thanked the City for its assistance. The school enrollment was full and there would be a waiting list. Cm. Biddle asked if the school would be open in the fall of this year. DUBLIN CITY COUNCIL MINUTES a VOLUME 29 ~ REGULAR MEETING 19'`~ '~. `~ A ril6 2010 ~~ p , \\\~ / IP R Mr. Sigman stated they would open as soon as possible. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. The City Council discussed the positive contributions made to the Dublin community by this project. Cm. Biddle asked when the decision would be made if a fire station was needed in that same area. Assistant City Manager Foss stated that the Fire Department would be conducting a study soon to see if a Fire Station would be needed. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council introduced an Ordinance approving a PD Planned Development Rezone and a Related Stage 2 Development Plan for the School of Imagination Located at the Corner of Dublin Boulevard and Schaefer Ranch Road (APN 941-2832-027). • Amendments to the Dublin Municipal Code Related to Eating and Drinking Establishments including modifications to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parkina and Loadina) and Chapter 8.104 (Site Development Review), ZOA 09-004 7:49:50 PM 6.2 (450-20) Mayor Sbranti opened the public hearing. Senior Planner Marnie Waffle presented the Staff Report and advised that at the request of the City Council, Staff had been reviewing the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process for development applications and to promote businesses in Dublin. Staff had reviewed Eating and Drinking Establishments and Outdoor Seating and prepared Zoning Ordinance amendments which would redefine an Eating and Drinking Establishment, clarify where Eating and Drinking Establishments and Outdoor Seating were permitted, modified the approval process for Outdoor Seating, and modified the parking requirements for Eating and Drinking Establishments and Outdoor Seating. Cm. Biddle stated he appreciated the fact the City was distinguishing among the type of eating establishment in terms of parking. Cm. Hart asked what this would do for City businesses. DUBLIN CITY COUNCIL MINUTES s VOLUME 29 REGULAR MEETING `'~~ 19~ ~~\\1 April 6, 2010 ~~~ , Ms. Waffle stated this would help facilitate businesses being established. Cm. Hart asked if there were any pending businesses that would benefit from this ordinance. Ms. Waffle stated it would free up a few more spaces in existing centers for potential restaurants that may want to locate there. Ms. Linda Maurer, Assistant to the City Manager, stated she had a conversation with a prospective eatery and this ordinance might make a difference so they could move forward. Ms. Waffle stated this would be reviewed through the waiver process. Mayor Sbranti asked, in regard to outdoor seating, if the City counts the indoor seating and outdoor seating when factoring what a business needed to provide for parking. Ms. Waffle stated yes. Mayor Sbranti stated that there were restaurants with indoor and outdoor seating, and asked if it was typical to count both. Did other Cities count that way? Ms. Waffle stated she did not see anything that counted parking on a seasonal basis. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Cm. Biddle stated these were good updates. Cm. Hart stated he was supportive of the item. He wanted to ensure that parking was a safe distance from pedestrians and the actual establishment. Mayor Sbranti stated cleaning up the definitions and these modifications made the City more competitive. Would the City Council hear about Dublin San Ramon Services District (DSRSD) items soon? Assistant City Manager Foss stated the DSRSD item would be heard on May 4. On motion of Cm. Biddle, seconded by Cm. Hart and by unanimous vote, the City Council introduced an Ordinance Amending Zoning Ordinance Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.104 (Site Development Review), ZOA 09-004. •~ DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~~EpU REGULAR MEETING i;~~~~~ April 6, 2010 ~~ ~ /~ ~c,~c~~ Weeds and Combustible Refuse Abatement Order 8:12:03 PM 6.3 (540-50) Mayor Sbranti opened the public hearing. Fire Marshal Bonnie Terra presented the Staff Report and advised that, in accordance with Resolution No. 16-10 (adopted February 16, 2010), the City Council declared that there was a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this was posted and letters sent to those property owners with violations. Cm. Hart asked how many residences were reviewed. Ms. Terra stated that there were 142 letters sent out this year due the weather not being favorable for abatement. The process needed to be started early in order to ensure that the abatement was completed before fire season. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council conducted the public hearing, deliberated, and directed Staff to continue the weed abatement process. i UNFINISHED BUSINESS - None NEW BUSINESS Report on 2010 Dublin Pride Week Activities 8:16:17 PM 8.1 (150-80) Environmental Technician Jordan Figueiredo presented the Staff Report and advised that the City Council would receive a report on the planned activities for the 2010 Dublin Pride Week, scheduled for April 24 - May 1, 2010. The City Council commented on the many activities planned and received the 2010 Dublin Pride Week activities report. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 ~oF REGULAR MEETING 19'`~~~`" April 6, 2010 ~~ ,~ ~ ~- Acceptance of Donation from Dublin/San Ramon Women's Club To Support Dublin Heritaqe Center Local Historv Curriculum Kit 7:17:28 PM 8.2 (150-70) Heritage Center Director Elizabeth Isles presented the Staff Report and advised that over the past fiscal year, Staff had been working with educators at the Dublin Unified School District to update the history curriculums for third grade students. The goal was to enhance and integrate aspects of the Heritage Center's "The Journey" Museum as it related to the area's local history during school site visits. The project had now been completed and approved by the Dublin Unified School District School Board. Additionally, the Dublin/San Ramon Women's Club had generously made a donation to the City to pay for curriculum binders for all Dublin Schools. Barb Ellul, Dublin/San Ramon Women's Club President, stated this was a perfect fit for a donation by the club. Anita Carr, Dublin/San Ramon Women's Club, thanked Elizabeth Isles for assistance with the program. The City Council thanked the Dublin/San Ramon Women's Club for the donation to provide the resource for third grade Dublin teachers. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council received the report and, per Government Code Section 37354, accepted the gift of $1,600 from the Dublin/San Ramon Women's Club; approved the budget change; and directed Staff to prepare a formal acknowledgement to the donor. • Fiscal Year 2009 - 2010 Mid-Year Budget Report and December 2009 Monthlv Report of Financial Activities 8:26:34 PM 8.3 (330-50) Finance Manager Vivian Gong presented the Staff Report and advised that Staff had prepared a detailed Mid-Year Budget Review to identify any material deviations from the adopted Fiscal Year 2009 - 2010 Budget. The primary focus of the report was on the General Fund, which accounts for the majority of City operations. Staff had identified proposed adjustments to Revenues and Expenditures. This item also provided the report of the financial statements for the month of December 2009. Cm. Hart asked for clarification on the net change. Was the change $330,750? DUBLIN CITY COUNCIL MINUTES s VOLUME 29 REGULAR MEETING 19;`~_, ,~~ A ri I 6 2010 ~~~ p , ~~ ~ / , Assistant City Manager Chris Foss stated, yes, it was $330,750. Cm. Biddle asked if the shortfall would remain befinreen $3 million and $4.6 million. Mr. Foss stated yes. Mayor Sbranti asked in regard to the building permit overview, would there be any general fund benefit from the increased permits. Ms. Gong stated it would only affect impact fees. Mr. Foss stated the $330,750 was a worst case assumption based on data through December. On motion of Cm. Biddle, seconded by Cm. Scholz and by unanimous vote, the City Council received the report as authorized by Section 41004 of the California Government Code and approved the budget change. •~ Auproval of Citv Directional Siqnaae Locations for East Dublin Auto Dealers 8:35:59 PM 8.4 (400-30) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council adopted a new policy and related criteria to allow for City directional signage for places, buildings, or locations of regional or historical significance. Staff was recommending that the City Council approve four site locations for City directional signs to direct individuals to the automotive dealers located on Toyota Drive and John Monego Court. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council approved the City directional sign locations for automotive dealers on Toyota Drive and John Monego Court. •' OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or StafF, including Committee Reports and Reports by the City Council related to meetings attended at City expense (AB 1234) 8:39:44 PM Assistant City Manager Foss stated the Elected Officials Summit would be postponed to Fall or early Wnter 2011. He asked the availability of the City Council for a Disaster Preparedness DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~ REGULAR MEETING 19;`~ ~~ „~ A ri I 6 2010 ~ p ~ ~\~ ir event at the Alameda County Emergency Operations Center with invitations to all the other governing bodies in the community. The City Council agreed to the date of May 24. Mr. Foss stated The City's Eternal Ribbon was being constructed at Dublin Boulevard and Dougherty. Mayor Sbranti stated the Eternal Ribbon had been funded by federal dollars. Cm. Hart asked if there could be verbiage added to a sign near the project stating it was federal grant monies. Assistant City Manager Foss stated Staff would look at the signage. Assistant City Manager Foss stated the City of Dublin was one of 27 finalists for the 2010 America City award. Staff would be back to the City Council with a Staff report regarding budgeting issues on April 20, 2010. Vm. Hildenbrand stated the City's recreation guides and highlights were nice. The Camp Parks History Center had been asked to leave Camp Parks. She hoped the City could help preserve the history of Camp Parks with the Dublin Historic Preservation Association (DHPA). She stated she had attended a Stopwaste meeting. She attended a Livermore Amador Valley Transit Authority (LAVTA) meeting. She stated she had concerns about restaurants leaving City locations because of rising rents. She would like the Economic Development Committee to discuss this. She would also like to hear from the centers on their perspective of the situation. Cm. Biddle stated he had attended the St. Patrick's Day Chamber Lunch. He attended the Alameda County Child Care Planning Council. He attended the Women's Club mock interviews for high school students and a Muslim Cultural Center dinner. Cm. Scholz stated it was an honor to be a finalist for the America City award. She attended the LAVTA meeting. She attended the Alameda County Sheriff's promotional ceremony and the Chamber of Commerce St. Patrick's Day Luncheon. Cm. Hart stated he attended a Communications Committee meeting. He would be attending the Alameda County Fire Department Advisory City Commission meeting next Thursday. He announced he had been promoted to Commander for the Alameda County Sheriff's Department. Mayor Sbranti stated he attended a Sobriety Challenge at the Infineon Raceway on March 17, 2010. He attended a Veterans Welcome event. He attended the DPIE Honorary Board meeting and a Green Task Force meeting. Two transportation forums will to be held in Dublin. •` DUBLIN CITY COUNCIL MINUTES ~o VOLUME 29 ~~~ REGULAR MEETING 19'` ~~ ~ April 6, 2010 ~~~~~j~ Gc~~a~'~ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:10:00 PM in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. ~U J.~%~- ~~~~ Mayor ATTEST: ~~ ~d~'V City Clerk ~~ DUBLIN CITY COUNCIL MINUTES 11 VOLUME 29 ~ REGULAR MEETING 19;`~~~ ~~ April 6, 2010 ~~~~~j ~, ~