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HomeMy WebLinkAbout11-16-2010 Adopted CC Min~~0~' DU~~ MINUTES OF THE CITY COUNCIL ~~;~ OF THE CITY OF DUBLIN ~-~-~ sz ~ C~, t l~ R E G U L A R M E E T I N G - November 16, 2010 / A regular meeting of the Dublin City Council was held on Tuesday, November 16, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00:25 PM, by Mayor Sbranti. ~ ROLL CALL PRESENT: ~ Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti ABSENT: ~ PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~i ORAL COMMUNICATIONS Introduction of New Employee: Deputy Jeffrey D. Mecchi, Dublin Police Services -~ 7:03:02 PM 3.1 (700-10) Dublin Police Services Lt. Linda Thuman introduced Deputy Jeffrey D. Mecchi to the City. The City Council welcomed Deputy Mecchi to the Dublin Police Services Department. _~ __ - - Certificate of Recoanition for Two Dublin Teachers 7:04:00 PM 3.2 (610-50) The City Council presented a certificate of recognition to Lisa Pong, and read one for Michelle Stanchina, for their recent achievement of being named two of Alameda County's 2010 Teachers of the Year. ~i __ DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 ~,~~/~F ~ REGULAR MEETING ii~~i~/~~~ November 16, 2010 ~~ ~ /~ ~, "National Familv Week" Proclamation 7:09:35 PM 3.3 (610-60) The City Council presented a proclamation to Claudia Ambrose regarding "National Family Week." ~- - -- - . _ 2010 Business Anniversarv Awards 7:15:50 PM 3.4 (610-50) Economic Development Director Linda Maurer presented the Staff Report and advised that the City Council would recognize those businesses that have been in Dublin 20, 30, 35 and 40 years. The City Council recognized those businesses that have been in Dublin 20, 30, 35 and 40 years. ~i Presentation bv Livermore Amador Vallev Transit Authoritv (LAVTA) 7:28:31 PM 3.5 (1060-20) LAVTA Planning Director Jeff Flynn updated the City Council on the launch of the new Bus Rapid Transit Service including route and benefits. The Rapid service will launch on January 24, 2011. Cm. Hart asked how LAVTA had arrived at a 20% figure for time saved on bus trips. Mr. Flynn stated LAVTA arrived at the 20% figure through test runs. Cm. Hart asked if the real time display would be constantly updated. Mr. Flynn stated it would be real time and it would be beamed directly to signs at the bus stop. Vm. Hildenbrand stated the real time technology used solar power: Mayor Sbranti asked if there was a Rapid stop in front of the Dublin Corporate Center and asked that marketing be done at that Center. Mr. Flynn stated the closest stop was at Glynnis Rose and Dublin Boulevard and marketing would be done as requested. The City Council received the presentation. , ~ DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 G`~yOF'D REGULAR MEETING 19'/~ a~ii ~~ November 16, 2010 ~\v'~"-j~~~ ~~ Appointment to a Tri-Vallev Human Services Needs Assessment Steerinq Committee 7:40:16 PM 3.6 (110-30) Administrative Analyst Gaylene Burkett presented the Staff Report and advised that as part of a three-city collaborative, the City of Dublin had been asked to provide a member to participate in a Tri- Valley Human Services Needs Assessment Steering Committee. This Committee member would represent the Dublin Community and would provide guidance and feedback to this project over the next year. On motion of Mayor Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the City Council confirmed the Mayor's appointment of Claudia McCormick to the Tri-Valley Human Services Needs Assessment Steering Committee. Public Comments 7:43:26 PM 3.7 Eric Swalwell, Planning Commissioner and Councilmember-elect, introduced himself to the City Council and Staff. CONSENT CALENDAR 7:46:09 PM Items 4.1 through 4.10 Mayor Sbranti pulled Item 4.9 for further discussion. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 2, 2010; Received (4.2 320-30) the 1St Quarter 2010-2011 City Treasurer's Investment Report; Adopted (4.3 440-10) ORDINANCE NO. 25 -10 REPEALING CHAPTERS 5.08 (FIRE CODE), 7.28 (BUILDING REGULATION ADMINISTRATION), 7.32 (BUILDING CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), CHAPTER 7.44 (MECHANICAL CODE), 7.52 (ABATEMENT OF NUISANCES), AND 7.94 (GREEN BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE; AND ADDING CHAPTERS 5.08 (FIRE CODE), 7.28 (BUILDING REGULATION ADMINISTRATION), 7.32 (BUILDING~CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), CHAPTER 7.44 (MECHANICAL CODE), 7.52 (ABATEMENT OF NUISANCES), AND 7.94 (GREEN BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE 2010 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, CALIFORNIA CODE OF REGULATIONS DUBLIN CITY COUNCIL MINUTES 3 VOLUME 29 REGULAR MEETING G`~OP DUn_y 19~ `~"~ ~~ November 16, 2010 ~ ~ ~~,~,~~ Received (4.4 330-50) reports as authorized by Section 41004 of the California Government Code. Adopted (4.5 350-40) RESOLUTION NO. 160-10 AUTHORIZING THE USE ECS REFINING FOR THE RECYCLING OF CITY ELECTRONIC WASTE AND SURPLUS COMPUTER EQUIPMENT Adopted (4.6 600-60) Adopted (4.7 600-60) RESOLUTION NO. 161-10 RELEASE OF SECURITY FOR THE COMMON AREA LANDSCAPE IMPROVEMENTS FOR TRACT 7282 RESOLUTION NO. 162-10 APPROVING TRACT IMPROVEMENT AGREEMENT FOR TRACT 7540, SILVERA RANCH PHASE 4 Adopted (4.8 580-40) RESOLUTION NO. 163-10 APPROVING AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND AUTHORIZING CONTINUED PARTICIPATION IN THE "AVOID THE 21" DUI CAMPAIGN GRANTS ADMINISTERED BY LIVERMORE POLICE DEPARTMENT Approved (4.10 300-40) Check Issuance Reports and Electronic Funds Transfers. - _~~i - --- --- Mayor Sbranti pulled ifem 4.9, Acceptance of Work - Contract Number 09-02 (Robert A. Bothman) Fallon Sports Park and Eastern Dublin Arterial lmprovement Projects (600-35). City Manager Pattillo stated that the City Council had received a modified recommendation for the item with the wording to read, "Authorize the City Manager to approve a change order in an amount not to exceed $55, 000. " On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUT/ON NO. 164-10 ACCEPTING IMPROVEMENTS TO FALLON SPORTS PARK PHASE 1 ~i DUBLIN CITY COUNCIL MINUTES 4 • VOLUME 29 REGULAR MEETING ~.~-~~~FD~e~ i~ ~;'/ ~~ ~ ~ November 16, 2010 ~\ ~ /~ ~'~crFOR~`° WRITTEN COMMUNICATIONS - None - - -~ - -- PUBLIC HEARINGS Amendment to Master Development Agreement For the Dublin Ranch Proiect for Grafton Plaza Proiect 7:47:38 PM 6.1 (600-60) Mayor Sbranti opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that the Applicant was requesting approval of an Amendment to the Master Development Agreement between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H) related to Grafton Plaza, which was located on 25.33 gross acres within the Eastern Dublin Specific Plan Area. This Amendment incorporated the various land use changes for the Grafton Plaza project into the Master Development Agreement. Action on this item would not result in any development on the property. There would be several future actions on this project that would each be noticed for a public hearing to allow citizen input. Mayor Sbranti asked, specifically, what was the change. City Attorney John Bakker stated the original Master Development Agreement for Dublin Ranch locked in the entitlements that were in effect at that time. At a certain point in time, the General Plan and the Zoning were updated for Grafton Plaza. This would incorporate those amendments and entitlements in conformance with the Master Development Agreement. 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 introduced an Ordinance Approving Amendment No. 2 to the Master Development Agreement between the City of Dublin and; the Lin Family for the Dublin Ranch North Project (Areas A, B, C, D, E, F, G and H), PA 07-006. - ~ - -- _. Desiqnation of Parkinq Restriction on Maquire Wav 7:50:34 PM 6.2 (820-80) Mayor Sbranti opened the public hearing. Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that the City received a request from the community manager for The Terraces at Dublin Ranch to implement a parking DUBLIN CITY COUNCIL MINUTES 5 VOLUME 29 o Dc~ ~ REGULAR MEETING 19i~~_~ ~~ November 16, 2010 ~~~~~ ~ restriction on Maguire Way to help facilitate truck access to the trash compactor area. The proposed parking restriction would prohibit parking for a 59-foot section of Maguire Way on the north side of the street between the hours of 6:00 a.m. and 12:00 p.m. every Thursday morning. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 165 -10 AMENDING THE DUBLIN TRAFFIC CODE APPROVING A PARKING REGULATION ON MAGUIRE WAY ~ - Citv of Dublin Climate Action Plan and Neqative Declaration 7:53:33 PM 6.3 (530-50) Mayor Sbranti opened the public hearing. Environmental Specialist Martha Aja presented the Staff Report and advised that the proposed City of Dublin Climate Action Plan (CAP) provided policies and measures aimed at reducing greenhouse gas (GHG) emissions within the City. The goal of the CAP was to reduce Dublin's community-wide GHG emissions by 20% below a business-as-usual scenario by 2020. The CAP identified a variety of measures to achieve the City's GHG reduction target. The various GHG reduction measures were organized into three broad categories, which included: 1) transportation and land use measures; 2) energy measures; and 3) solid waste and recycling measures. The City expected to reduce GHG emissions through a combination of reduction measures that were included in the CAP. These included measures that were under the City's control and State initiatives aimed at reducing GHG emissions. Mayor Sbranti asked if cities were required to complete a CAP. Ms. Aja stated that cities were not required to complete a CAP. However, there were advantages in that the City could use it for California Environmental Quality Act (CEQA) tiering purposes. When a development project comes in and is consistent with the document, the developer will not have to complete their own analysis of GHG. It saves both time and money for developers. Mayor Sbranti asked what cities in the Bay Area had adopted a qualified CAP. Ms. Aja stated only 3 or 4 had adopted a CAP. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 29 REGULAR MEETING G`fiy0 DUp.y a~ ~ii ~~ November 16, 2010 ~ ~ ~\ ~j /~ ~ ~ R~~ Vm. Hildenbrand stated this was the right way to go. Now there was something the City could promote to bring development into the community. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 166 -10 ADOPTING A NEGATIVE DECLARATION FOR THE CITY OF DUBLIN CLIMATE ACTION PLAN and RESOLUTION NO. 167 -10 ADOPTING THE CITY OF DUBLIN CLIMATE ACTION PLAN ~i - - --- - UNFINISHED BUSINESS - None ~i NEW BUSINESS Feasibilitv of Public Access Defibrillation Proqram 8:01:45 PM 8.1 (540-70) Alameda County Fire Department Deputy Fire Chief Demetrious Shaffer presented the Staff Report and advised that the Dublin City Council established a Fiscal Year 2009-2010 Goal to "study the feasibility of the City establishing a process that would require business participation in the Alameda County Public Access Defibrillation (PAD) program." Staff researched the topic in an effort to determine if other jurisdictions have required participation in established PAD programs, to what extent state and local laws may impact such PAD program participation in Dublin, and the costs (at a cursory level) associated with a program. Staff was seeking further direction from the City Council on this item. ~ Cm. Hart asked if the City needed a medical director for a City-run PAD Program. Chief Shaffer stated yes. The medical director was per agency. When the City of Dublin instituted an AED program, in order to deploy AEDs, the City had to have a medical director write a prescription in order for the City to purchase AEDs and oversee the program. Any business that wanted have a program would also have to have a medical director oversight for the program. Cm. Hart asked if that was part of what Alameda County's medical director did. Chief Shaffer stated not necessarily. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 REGULAR MEETING G`~yOFDp~y a~ ~ ~~ November 16, 2010 ~ ~ \\ '~j' ~~ ~%1LI R~~ Cm. Hart asked who was the medical director for the City's AED program. Human Resources Director Julie Carter stated the City's medical director/oversight person had been Dr. Santos of Valley Care. It was now DiPietro and Associates, a private contractor. The medical director electronically checks the units' batteries once a month. Cm. Hart asked for more information about the County being understaffed with its program. If the City were to lean towards a program such as San Diego's, would it not be referred back to Alameda County's medical director? Chief Shaffer stated it would depend on the City Council's direction. The City could point directly to the PAD program and say businesses were required to provide it, or develop a San Diego model unique to Dublin, and outline what those requirements would be, as long as the City took into account existing State law. Cm. Hart asked if there was a cost to the City of Dublin if it implemented a PAD program. Chief Shaffer stated there would be a cost to the businesses, and City Staff to develop a program and whatever the City's oversight might be. Cm. Biddle asked if the medical director had to be a medical doctor. Chief Shaffer stated yes. The program was based on what the individual agency or business wanted to do. There were some companies that did everything involved in a program. There were others where it was only the medical director relationship; everything else was managed internally. Through Alameda County PADs program, there was a registry once you purchased AEDs and it was all set up, you could enter all those locations and information and it would populate emails to remind you to check your batteries and maintenance. Cm. Scholz stated that because a defibrillator was available to a friend of hers when it was critical, it saved this person's life. The report was general but when you knew someone, it made it personal. Cm. Hart stated he was passionate about AEDs. They saved lives. He did not care if it cost $3,500 for a business to start a program. It was money that would save lives. The State was putting them in every State building. The County had defibrillators in its buildings. He supported having a program. Cm. Biddle stated there were seven to eight businesses in Dublin that had this type of program. It was good to educate other businesses that these did save lives. The City might ~even be able to assist with training. Vm. Hildenbrand stated she agreed with Cm. Hart. The whole City Council was passionate about the health of the community. This was something the City could come up with that worked for Dublin's community. Mayor Sbranti asked if the City Council wanted to go beyond what was stated in Staff's recommendation. He supported Staff's recommendation. DUBLIN CITY COUNCIL MINUTES $ VOLUME 29 G`,~l~F ~UB~y REGULAR MEETING 19~~_~ir_~~~ November 16, 2010 \\ ~ /~ ~'1GlFOR~~~ Cm. Hart stated Staff's recommendation was weak. It was written under the mindset of an outreach program. He suggested the City Council ask Staff to come up with a program for the City. Mayor Sbranti asked to what elements of a program did fhe City have. City Manager Pattillo stated the City's facilities qualified for a PAD program. She asked, for City Council's consideration, that Staff return with questions to tailor a program that met the City Council's expectations. Those questions could include program development, cost implications, timing, and implementation. In terms of costs, most of the programs the City had done had been based on new development and new business, while allowing for retrofits for existing businesses. Staff would be mindful of the costs associated with the program. The City valued and respected small businesses in Dublin and some were living on the margins right now. This should be taken into consideration. The City could mandate something no one complied with. Staff needed to come back to the City Council with questions they could answer to provide Staff direction. , Mayor Sbranti stated the City Council needed to see what a program would look like and what it really meant, including costs. Cm. Hart stated he concurred with the City Manager's recommendation. However, the current standing recommendation of the next step was written based on~the proposed outreach program. He was a strong supporter of having defibrillators in the business community. He wanted City Staff to attack the program based on the City Council's direction. He taught that when you introduced an AED to a victim you increased their percentage of survival by 50%. This program would take work but it was worthwhile. By consensus, the City Council directed Staff to provide information regarding what a program would look like. City Manager Pattillo stated Staff would have the City Council's involvement in the programs development. Staff would also work with the City's Chamber of Commerce for input. Mayor Sbranti stated the City needed to be sensitive to the costs to businesses. Cm. Hart stated the costs were reduced when AEDs were purchased in volume. Mayor Sbranti stated there might be grant opportunities available. Also, there was an important training component that went hand-in-hand with the units. Chief Shaffer stated cost was $3,500-$4,500 per unit. Alameda County Emergency Medical Services was going to the Board of Supervisors for funds to purchase more AEDs and deploy them in County areas and give the rest to jurisdictions within the County as a grant opportunity for AEDs. Alameda County informed him that enforcement was an issue in terms of size of Staff. There was not enforcement in place. - --. = _ :~'i DUBLIN CITY COUNCIL MINUTES 9 VOLUME 29 REGULAR MEETING G~~OFDUB~y a~ ~ir ~~ November 16, 2010 ~ ~ ~\ ~j /~ ~4G/FpR~~~ 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) 8:34:26 PM Vm. Hildenbrand congratulated Cm. Biddle and Councilmember-elect Swalwell on their recent election victories. She received a letter from the American Lung Association commenting on the City Council's recent adoption of the resolution supporting the California Air Resources Board's Leadership In Developing and Implementing Strategies for Reducing Emissions from Motor Vehicles. She attended the final Walk-and-Roll event at Murray Elementary School. The Sister City Association asked if Staff could look at the maintenance of the Peace Pole and plaque. Cm. Biddle stated he attended the Stopwaste Waste Management Awards; the Heritage Center Thanksgiving event and the Hometown Heroes Event. He had completed a business visitation. Cm. Hart stated he had no comments. Cm. Scholz stated she attended the Wells Middle School ribbon cutting. She appreciated the All America City quilt reception and refreshments. She stated she would attend the Positano Open House and the Chamber of Commerce mixer. Mayor Sbranti stated he attended the Alameda County Transportation Commission meeting and the HOV lane ribbon cutting. He attended the Rotary luncheon on Tuesday. He asked that the City Council be informed of service members returning home so they could attend those homecomings. He stated he met with the Executive Director of the East Bay Economic Development Agency; attended the Brokers Roundtable, and a Tri Valley Transportation Council meeting. The City's Tree Lighting Ceremony would be held on Thursday December 2, 2010. City Manager Pattillo stated there would be a one day delay in street sweeping during the Thanksgiving holidays. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:53:59 PM in memory of Staff Sgt. Sean Diamond, Tim Lundell and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. (v , J.~.- e ~ . . ATTEST. City Clerk Mayor ~ DUBLIN CITY COUNCIL MINUTES 10 VOLUME 29 G`~yOFDUn.~ REGULAR MEETING a,~~~~~ November 16, 2010 ~\ ~ ~ ~tr~+oR~~