The URL can be used to link to this page

Home My WebLink About10-05-2010 Adopted CC Min~ or ~U~~~ MINUTES OF THE CITY COUNCIL ~,,, OF THE CITY OF DUBLIN ~ - ~ -~ $~2 \/~„~~ <~// REGULAR MEETING - October 5. 2010 .~~~ i~ CLOSED SESSION A closed session was held at 6:30:30 PM, regarding: I.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5777 Scarlett Court, Dublin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 6438 Sierra Court, Dublin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment III. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case. • A regular meeting of the Dublin City Council was held on Tuesday, October 5, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00:01 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. •~ DUBLIN CITY COUNCIL MINUTES 1 VOLUME 29 oF~,~ REGULAR MEETING ~,;` ~ ~~~ October 5, 2010 '~~~ ~ `~L! R REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. • ORAL COMMUNICATIONS Certificate of Recoqnition - Claudette Rodrictues 7:00:28 PM . 3.1 (610-50) Commander Tom McCarthy and Alameda County Fire Chief Sheldon Gilbert advised that the City Council would present a Certificate of Recognition to Dublin resident Claudette Rodrigues for her assistance during a traffic accident prior to and after arrival of emergency responders. A Certificate of Recognition was presented to Dublin resident, Claudette Rodrigues. • Certificates of Recoqnition - Dennis Fav and Christine Monsen 7:06:53 PM 3.2 (610-50) Mayor Sbranti, on behalf of the entire City Council, presented Certificates of Recognition to Dennis Fay, former Executive Director of the Alameda County Congestion Management Agency (ACCMA) and Christine Monsen, former Executive Director of the Alameda County Transportation Improvement Authority (ACTIA) and the Alameda County Transportation Authority (ACTA), for their contributions to Alameda County. Public Comments 7:14:50 PM 3.3 No comments were made by any member of the public at this time. • CONSENT CALENDAR 7:15:02 PM Items 4.1 through 4.8 On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 21, 2010; DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 G~~OFDp~ REGULAR MEETING ,,, ~ ~~~ October 5, 2010 '~~~;~'-~~~~ . ~c, ~ Adopted (4.2 720-60) RESOLUTION NO. 143 - 10 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT and RESOLUTION NO. 144 -10 FIXING THE EMPLOYER'S CONTRIBUTION VESTING REQUIREMENT FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT and RESOLUTION NO. 145 -10 AMENDING THE BENEFIT PLAN Adopted (4.3 820-80) ORDINANCE NO. 20 -10 AMENDING THE DUBLIN TRAFFIC CODE TO ESTABLISH A NEW SPEED LIMIT ON PORTIONS OF DUBLIN BOULEVARD (TASSAJARA ROAD TO FALIlJN ROAD), CENTRAL PARKWAY (TASSAJARA ROAD TO FALLON ROAD), FALLON ROAD (SOUTH CITY LIMIT TO BENT TREE DRIVE) AND LOCKHART STREET (DUBLIN BOULEVARD TO GLEASON DRIVE) Adopted (4.4 600-30) RESOLUTION NO. 146 - 10 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CIRRUS SOLUTIONS INC. FOR WIRELESS NETWORK EQUIPMENT & INSTALLATION SERVICES Adopted (4.5 170-70) RESOLUTION NO. 147 -10 RESCINDING RESOLUTION NO. 24-06 AND DESIGNATING POSITIONS AUTHORIZED TO APPEAR IN SMALL CLAIMS COURT ON BEHALF OFTHE CITY OF DUBLIN DUBLIN CITY COUNCIL MINUTES 3 VOLUME 29 G~,~.~oFOUB~~ REGULAR MEETING n, ~ ,~~ October 5, 2010 '~~~~!'~~~~ ~c,~ ~ Adopted (4.6 390-30) RESOLUTION NO. 148 - 10 RESCINDING RESOLUTION 93-93 AND ESTABLISHING UPDATED PROCEDURES FOR WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND CREDIT BALANCES Adopted (4.7 600-30); RESOLUTION NO. 149 - 10 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH KEVIN W. HARPER CPA & ASSOCIATES FOR PROFESSIONAL PROJECT MANAGEMENT AND EVALUATION SERVICES Approved (4.8 300-40) Check Issuance Reports and Electronic Funds Transfers. •' WRITTEN COMMUNICATIONS - None •~ PUBLIC HEARINGS Avalon Bay Communities, Dublin Station (Transit Center Site C) - Stage 1 Development Plan Amendment, Stage 2 Development Plan and Development Aqreement Submitted bv Avalon Bav Communities, Inc., PA 06-060 7:15:38 PM 6.1 (600-60) Mayor Sbranti opened the public hearing. Community Development Director Jeri Ram presented the Staff Report and advised that the Applicant, Avalon Bay Communities, Inc, had requested the item be continued to a date uncertain. The proposed project, Avalon Transit Center Site C, is a residential project comprised of 486 apartment units, 4,192 square feet of ancillary retail space, 7,390 square feet of amenity space, 751 spaces of structured parking within finro buildings, 25 private, on-street parking spaces, and 40 public on-street parking spaces on a combined 7.2-acre site located within the Transit Center Village planning area. The public hearing notice was published in the Valley Times before the Applicant requested the continuance. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 29 ~,~~oe~r,~ REGULAR MEETING ~„ i ~~~ October 5, 2010 '~~~~''" ~ ~~ ~ On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council continued the item to a date uncertain. •` Esprit at Dublin Station (Transit Center Site E-1) - Planned Development Rezone with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan and an Amendment to the Development Aqreement for the Dublin Transit Center Site E-1 Proiect, PA 09-002 7:16:28 PM 6.2 (600-60) Mayor Sbranti opened the public hearing. Community Development Director Jeri Ram presented the Staff Report and advised that the Applicant, D.R. Horton, Inc. was requesting that this item be continued to a public hearing on October 19, 2010. D.R. Horton, Inc. was proposing to construct a multi-family residential townhouse community with 105 units on ± 4.1 net acres of land within the Dublin Transit Center project on Site E-1. A Planned Development Rezone would allow the development of either the 105-unit Esprit at Dublin Station Project (proposed) or the 300-unit Metropolitan at Dublin Station project (previously-approved). The proposed amendment to the existing Development Agreement for the project site relates to the allowed density of uses (to permit the 105-unit project), an extension of the existing Agreement term by seven years, an amendment to the affordable housing obligations for the property, and a provision on a public art fee. The public hearing notice was published in the Valley Times before the Applicant requested the continuance. 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. Hart and by unanimous vote, the City Council continued the item to a public hearing at the next Regular City Council meeting on October 19, 2010. •` DUBLIN CITY COUNCIL MINUTES 5 VOLUME 29 ~`,~~oF~r,~ REGULAR MEETING ~u i at October 5, 2010 ~~~,~1~~'~ ~~~~ s UNFINISHED BUSINESS Fiscal Year 2011-2012 Community Support Proqram 7:17:21 PM 7.1 (480-30) Administrative Analyst Gaylene Burkett presented the Staff Report and advised that the City Council requested an opportunity to discuss the continuation of the Community Support Grant Program for Fiscal Year 2011-2012. Janet Lockhart, Dublin resident, stated she was in favor of community grants. She hoped to convince the City Council that some level of funding was going to benefit many in the Dublin community. She also understood tight budgets and tradeoffs. She asked the City to continue its support of DPIE. Vm. Hildenbrand stated she continued to support these community grants. Times were tough for the City, but even leaner for these organizations. She did not want to see this support go away. These organizations, especially the ones in Dublin, were serving the community and were necessary. Cm. Biddle stated these organizations that served the community provided services that were not provided by the City or other organizations. They served a vast range of people. Cm. Hart asked if the City would need to use the Economic Uncertainty Fund to balance next year's budget. City Manager Pattillo stated it was too early to tell but based on the initial 2009-2010 numbers, they were proving to be more favorable than anticipated. Cm. Hart asked how Staff could say that there would be adequate funding for the grants for the upcoming year. City Manager Pattillo stated the City was at a decision point right now. Staff felt comfortable in beginning the application process. The budget was not going to be adopted until June 2011 and things could change dramatically. But right now, Staff was comfortable in allowing the process to move forward. But all non-profits understood that the funding is not formalized until the budget is adopted in June 2011. Cm. Hart stated he was not arguing the need for these community grants. His concern was there was not even a State budget for this fiscal year. State cuts would be rolled over to next fiscal year including budget reductions for the following fiscal year. The City had made cuts in its budget last year. He wanted to be cautious and prudent about the $120,000. It was difficult to say there was adequate funding as the State budget was not even finalized and the impacts it would have on cities' budgets across California. He was taking a conservative approach on this funding. He encouraged the City Council to consider that aspect. DUBLIN CITY COUNCIL MINUTES g VOLUME 29 G~~OF,pljp_ REGULAR MEETING ~y m ~ ~~~ October 5, 2010 '~~~~''" ~ ~tr A~~ City Manager Pattillo proposed, for the City Council's consideration, including a precautionary note in the invitation to the community organizations that there was uncertainty but the City was going to move forward with the application process. These organizations know that the money is not certain until the budget is adopted next June. This would allow the City to go forward with the application process. She did recognize what Cm. Hart was saying about the State. Cm. Hart stated he was not opposed to the City Manager's proposal. But he was the only one that was going to be cautious in terms of the State's fiscal and next fiscal years' budgets. It was difficult for him to move forward with the significant uncertainty that was going on now. Cm. Biddle stated he could see the City starting the application process and including the precautionary letter proposed by the City Manager. Cm. Scholz stated there was never certainty. There was value of the work done by community groups. Mayor Sbranti stated everyone was in agreement about the value of the work done by the community groups. He supported the City Manager's suggestion. There were uncertainties and that should be put in the letter. Ultimately, the City's goal was to fund the $120,000, or if needed, an amount less than that. By consensus, the City Council directed Staff to proceed with the process but with the letter of invitation that had the precautionary notes; and if possible, maintain the same General Fund level as prior years $120,000. •~ Approval of Project Operating Agreement with the East Bav Reqional Communications Svstem Authoritv (EBRCSA) 7:34:44 PM 7.2 (600-40) Police Chief Tom McCarthy presented the Staff Report and advised that the City Council would consider entering into a Project Operating Agreement with the East Bay Regional Communications System Authority (EBRCSA) to participate with other member agencies in the development and operation of a state of the art radio communications system that would provide regional interoperability. By consensus, the City Council agreed to fund the project per Option 2 in the Staff Report: Prepay the share of infrastructure charges. The pre-payment fee would be $1,320 to $1,545 per radio. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES 7 VOLUME 29 ,~oF~r,~ REGULAR MEETING ` ~u October 5, 2010 '~\ ' ~'1~ ~'~~ ~ RESOLUTION NO. 150 -10 APPROVING A PROJECT OPERATING AGREEMENT WITH THE EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAME and approved a Budget Change. •~ NEW BUSINESS Approval of Cooperative Agreement Between the City of Dublin and the Dublin Unified School District for the Design and Replacement of a Sidewalk and Associated Improvements on Village Parkway at Dublin High School and Approval of Consultant Agreement for Design Engineering Services with Carroll Engineering, Inc., for Work Related to Sidewalk Replacement at Dublin High School under the 2010-2011 Sidewalk Safetv Repair Proqram (CIP Proiect No 949102) 7:41:06 PM 8.1 (600-40) City Engineer Mark Lander presented the Staff Report and advised that the City of Dublin would recommend partnering with the Dublin Unified School District to fund and construct a joint project to replace the existing sidewalk along the Village Parkway frontage of Dublin High School. The City Council will consider approval of a Cooperative Agreement with the Dublin Unified School District and also a consultant contract with Carroll Engineering, Inc. to complete the design for the work. Cm. Biddle asked if this replacement included the experimental recycled rubberized sidewalk that was in the Dublin High School area. Mr. Lander stated it did and the recycled rubber probably extended the sidewalk another five or six years. Some parts of the sidewalk were holding up well. Others were being lifted by tree roots. Vm. Hildenbrand asked why they would not use the rubber sidewalk along this entire area. Mr. Lander stated the benefits were that the rubber sidewalk was flexible. But occasionally the sections were pulled up and disappeared. Also, they were not as aesthetically pleasing as the regular sidewalk and they were not necessarily impervious. Vm. Hildenbrand stated the sidewalk was a much needed improvement in that area. Cm. Hart stated this needed to be done. If trees needed to come out to avoid the need to eventually replace the sidewalk, then the trees could be taken out now. DUBLIN CITY COUNCIL MINUTES g VOLUME 29 Gl~OFDrj~ REGULAR MEETING ,,, October 5, 2010 '~` '~~~~ ~'.~~~R~S On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council adopted RESOLUTION NO. 151 -10 APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND REPLACEMENT OF A SIDEWALK AND ASSOCIATED IMPROVENENTS ON VILLAGE PARKWAY AT DUBLIN HIGH SCHOOL and RESOLUTION NO. 152 - 10 APPROVING CONSULTANT AGREEMENT FOR DESIGN ENGINEERING SERVICES WITH CARROLL ENGINEERING, INC., FOR WORK RELATED TO SIDEWALK REPLACEMENT AT DUBLIN HIGH SCHOOL UNDER THE 2010-2011 SIDEWALK SAFETY REPAIR PROGRAM CIP PROJECT 949102 and approved a Budget Change. •~ Confirmation of Appointment of Citv Council 2010 Ad-Hoc Audit Review Committee 7:50:06 PM 8.2 (610-40) Director of Administrative Services Paul Rankin presented the Staff Report and advised that the independent auditors from the firm of Caporicci and Larson had scheduled their field work necessary to complete the Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2010. The City Council would consider the establishment of an Ad Hoc Committee, comprised of two City Council Members, to review the audit process and final report with the Auditors. On motion of Cm. Hart, seconded by Cm. Scholz and by unanimous vote, the City Council confirmed the Mayor's appointment of Vice Mayor Hildenbrand and Mayor Sbranti as the 2010 Ad-Hoc Audit Review Committee that would serve for a limited time. The Committee will meet with the City Auditors to review and discuss the audit report for the period ending June 30, 2010. •~ DUBLIN CITY COUNCIL MINUTES g VOLUME 29 ~ oF oe~ REGULAR MEETING ,9, ~~ ~~ October 5, 2010 ~~~~~ ~'~GI ~ OTHER BUSINESS Brief INFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 7:51:33 PM City Manager Pattillo stated an invitation from the Dublin Unified School District (DUSD) would be extended to the City Council to attend the opening of the Dublin High School Sports Pavilion on October 14. Cm. Hart stated he attended the City of Dublin/DUSD Liaison Committee meeting. He also attended the Tri-Valley Mayors Summit. Cm. Scholz stated she had not had the opportunity to attend any events the last finro weeks. Cm. Biddle stated he attended the kick off for the Walk and Roll to School event. He also attended the Alamo Creek Clean-Up. He stated the City had participated in a Drug Take-Back event. He attended the Harvest Day Workshop, an Economic Development Committee meeting and the City/DUSD Liaison Committee meeting. Vm. Hildenbrand stated she attended the Tri-Valley Council meeting. Mayor Sbranti stated there would be a Dublin High School homecoming fun run/walk and parade upcoming. He received a response from State Treasurer Bill Lockyer regarding tax credits in relation to Arroyo Vista and working through other avenues to move forward. •~ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:06:13 PM in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. ATTEST: ~i~-~~ ~~ City Clerk (v i _.~ ~~ ~^ ~~i~l ~%~ Mayor DUBLIN CITY COUNCIL MINUTES 10 VOLUME 29 `,~oe~ REGULAR MEETING ir~ ~ ~~~ October 5, 2010 '~`~i~'~~~~ . dG1 R~