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HomeMy WebLinkAbout04-19-2011 Adopted CC Min~~~F DU.~~~ MINUTES OF THE CITY COUNCIL ~,,` OF THE CITY OF DUBLIN ~ ~~l,$l~ REGULAR MEETING - A ril 19 2011 '"r,\~V _.~:', p , CLOSED SESSION 6:32:31 PM A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5501 DeMarcus Boulevard, #464; Dublin, CA Agency negotiator: Joni Pattillo Negotiating parties: Rene and Glenda Ayala Under negotiation: price and terms of payment I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager A regular meeting of the Dublin City Council was held on Tuesday, April 19, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:02:43 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. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action taken during Closed Session. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 G~,~~ Dv~ REGULAR MEETING 19~~~~~~ APRIL 19, 2011 ~~ ~ ~~ ~c~FO ~s ~ ORAL COMMUNICATIONS : Certificate of Recoqnition to Fallon Middle School Cheer Team 7:03:26 PM 3.1 (610-50) The City Council presented a Certificate of Recognition to the Fallon Middle School Cheer Team for recent accomplishments. Public Comments 7:24:50 PM 3.2 No comments were made by any member of the public at this time. ~. CONSENT CALENDAR 7:25:00 PM Items 4.1 through 4.14 Cm. Hildenbrand pulled Item 4.2 for a separate vote. On motion of Cm. Swalwell, seconded by Vm. Hart and by unanimous vote, the City Council took the following actions: Approved (4.1) Adjourned Regular Meeting Minutes of March 14, 2011; Accepted (4.3 600-35) the improvements under Contract No. 10-08, Village Parkway Stormwater Treatment Improvements, authorized Staff to file a Notice of Completion; and authorized the release of retention after 35 days if there are no subcontractor claim. Adopted (4.4 600-60) RESOLUTION NO. 35 -11 PARTIAL RELEASE OF SECURITY FOR TRACT 8036, NEIGHBORHOOD C-1, POSITANO/ FALLON VILLAGE DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 oe~,~ REGULAR MEETING 19i~,~ir~~~~ APRIL 19, 2011 ~\ ~ ~ Gc~ e~'m Adopted (4.5 600-60) RESOLUTION NO. 36 - 11 ACCEPTANCE OF IN-TRACT IMPROVEMENTS FOR TRACT 7853, NEIGHBORHOOD "A ", POSITANO/ FALLON VILLAGE (BRADDOCK AND LOGAN) AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.6 600-60) RESOLUTION NO. 37 -11 PARTIAL RELEASE OF SECURITY FOR TRACT 8037, NEIGHBORHOOD C-2, POSITANO/ FALLON VILLAGE Authorized (4.7 930-30) a budget change to appropriate $28,893 in Measure B grant funding for the current year project expenses. ~ Adopted (4.8 600-35) RESOLUTION NO. 38 -11 AWARDfNG CONTRACT NO. 11-04, STREET LIGHT POLE PAINTING CONTRACT TO COLOR NEW CO. Received (4.9 100.80) a quarterly status report on the adopted Fiscal Year 2010-2011 Goals and Objectives and Capital Improvement Projects. Adopted (4.10 600-35) RESOLUTION NO. 39 -11 AWARDING CONTRACT NO. 11-02, 2010-2011 ANNUAL SIDEWALK SAFETY REPAIR PROGRAM AND CURB RAMP INSTALLATION TO WEBER TRACTOR SERVICE and authorized the City Manager to approve a potential Change Order in an amount not to exceed $33,399.02 ($10,047.68 General Fund for general sidewalk repairs and $23,351.34 Measure B Funds for Dublin High School frontage improvements) for the installation of additional sidewalk replacement locations based on unit prices in the contract awarded and subject to restrictions on grant funding; and 3) Approved budget change which will transfer in the amount of $15,824 appropriated for improvements in the Annual Sidewalk Repair Project to the Americans with Disabilities Act (ADA) Transition Plan Project. DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 G`~O~ DUB~ REGULAR MEETING a'~~~~~ APRIL 19, 2011 ~\ ~ ~~ ~`1GIFOR~~ Adopted (4.11 430-20) ORDINANCE NO. 4 -11 AMENDING ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.16 (AGRICULTURAL ZONING DISTRICTS), 8.20 (RESIDENTIAL ZONING DISTRICTS), 8.24 (COMMERCIAL ZONING DISTRICTS), 8.28 (INDUSTRIAL ZOIVING DISTRICTS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND ADDING ZONING ORDINANCE CHAPTERS 8.38 (REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES), 8.45 (EMERGENCY SHELTERS), 8.46 (SINGLE ROOM OCCUPANCY UNITS), 8.47 (SUPPORTIVE HOUSING), AND 8.50 (TRANSITIONAL HOUSING) CITY-WIDE PLPA-2010-00022 Adopted (4.12 600-60) RESOLUTION NO. 40 - 11 APPROVING AGREEMENT REGARDING PROPOSED PARK IN SORRENTO EAST Adopted (4.13 600-60) RESOLUTION NO. 41 -11 APPROVING PARCEL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 10027, ESSEX DUBLIN STATION Approved (4.14 300-40) Check Issuance Reports and Electronic Funds Transfers. ~. ;~ Cm. Hildenbrand pulled /tem 4.2, Adoption of Ordinance Extending the Temporary Suspension of the Public Art Requirement for Residential Projects (450-20), for a separate vote. On motian Cm. Swalwell, seconded by Mayor Sbranti and by majority vote (Cm. Hildenbrand and Vm. Hart voting no), the City Council waived the reading and adopted ORD/NANCE NO. 3 - 11 TEMPORARILY SUSPEND/NG THE PROV/SIONS OF SECTIONS 8.58.050.A AND 8.58.050.D OF THE DUBL/N MUNICIPAL CODE RELATING TO PUBLIC ART CONTR/BUT/ON REQUIREMENTS FOR RESIDENTIAL PROJECTS IN EXCESS OF 20 UNITS ~ DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 ~ G`~oFDO~~ REGULAR MEETING 19~~~~~~ APRIL 19, 2011 ~~ ~ ~ C',~~~R~1D WRITTEN COMMUNICATIONS 7:26:09 PM (245-20) Request from Bay Area Breeze Professional Women's Soccer Club to use Fallon Sports Park Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the City Council would consider a request from the Bay Area Breeze Professional Women's Soccer Club for use of the Fallon Sports Park at a reduced rate. Vm. Hart asked for more detail regarding the give away of tickets by the Breeze Team. Ms. Lowart stated the give away of tickets had been in generalities. The City planned to work with the community to give free tickets. At this point the team was not particularly interested in making money. They were interested in bringing people to the games. fn terms of having the team involved in the community, they spoke of perhaps holding clinics. Vm. Hart asked how Staff envisioned defining what the benefits would be to the community, if approved by the City Council. Ms. Lowart stated, if it was the desire of the City Council, Staff would recommend, at the end of their season, an evaluation of the value of what they did and if in fact, it was equal to the lost revenue to the City. Cm. Swalwell stated he was comfortable with giving the team a little bit of leeway and evaluating the tradeoff at the end of the season. Cm. Biddle suggested doing it for a year since the team was just forming and the relationship with the City was being developed and evaluating it in a year. Mayor Sbranti stated the City Council and the community would be very pleased with what that team was going to do. He was fine with reviewing it at the end of the season. The team was trying to get itself organized. Cm. Hildenbrand stated she wanted to encourage the team to stay in Dublin. She did not want to do anything that would have the team looking for other facilities elsewhere. Mayor Sbranti stated it could be looked at as lost revenue if others wanted to use the field at the same time, but the times were usually not in use. Vm. Hart stated that the City should have an agreement with the team because it was a dollar amount for the City. There should be some agreement, in writing, that said the City would waive the higher fee in exchange for something. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 G`~~OF DUB~ REGULAR MEETING rn ~i'/ ~~~ APRIL 19, 2011 '~~~,~~-~,~~ c~~,~ ~m City Manager Pattillo clarified that it was the City Council's direction to approve this request from April 18 - July 29, 2011. It was also City Council direction to have Staff meet with team to discuss milestones. She saw this as finro step processes. The first being some discussion or dialogue about what this looked like, and then prepare a summary at the end of the season with a report to the City Council in August or September. Vm. Hart stated, as a public entity, he did not believe that having a gentlemen's agreement was the right thing to do. He wanted a document that stated in lieu of these fees, the team agreed to specific items. On motion of Mayor Sbranti, seconded by Cm. Swalwell and by unanimous vote, the City Council approved the request to reclassify the Breeze Soccer Team from a Group 4b (Individuals or Other Groups, Non-Resident) to a Group 2b (Dublin Sports League Organizations, Adult Sports League Organizations) and directed Staff to meet with the applicant to work on an agreement for the balance of the season, and for Staff to follow-up at the end of the season with a report to the City Council. PUBLIC HEARINGS Adoption of a Resolution Approving the Tri-Valley Transportation Council Strategic Expenditure Plan 2011 Update and an Increase to the Tri-Vallev Transportation Development Fee 7:36:08 PM 6.1 (590-80/600-40) Mayor Sbranti opened the public hearing. Public Works Director Gary Huisingh presented the Staff Report and advised that in 2008, the Tri-Valley Transportation Council (TVTC) completed a Fee Nexus Study Update and developed new Tri-Valley Transportation Development (MD) Fee amounts for member agency consideration. The Dublin City Council adopted a Resolution in 2008 approving the proposed new fee increases, which would have gone into effect on July 1, 2010, across all land use categories. The Resolution was later rescinded because not all seven MC member agencies approved the fee increases. TVTC has since developed an update to the Strategic Expenditure Pfan that identifies fee allocations to specific transportation improvement projects and is reconsidering a fee increase to be enacted on January 1, 2012. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 G`,~I~FDUe~ REGULAR MEETING n~ ~ ~~~ APRIL 19, 2011 '\~~~~1~ Gc~roc~~' Vm. Hart stated that essentially there had been an issue with getting the approval of all seven agencies on issues. Mayor Sbranti stated, with the original Strategic Expenditure Plan, Pleasanton would not approve it and it was worked on for befinreen a year and a half and two years. After that, the issue of the fee came up. There was concern voiced by both Dublin and Livermore which resulted in a 5-2 vote but was agreed upon after discussion and revisions. Therefore, the next issue was how to get items approved if there was not unanimous approval. The compromise was that an item could be approved with a minimum of 6-1 vote, which was before the City Council tonight. He asked that the City Council support the fee and Strategic Expenditure Plan as presented. Vm. Hart asked for clarification on the fee increase. Mr. Huisingh stated Table 1 in the Staff Report showed the proposed increase. Mayor Sbranti stated it had been eight years since a fee increase. Vm. Hart stated he was not comfortable right now raising fees, but he would support the item conceptually. Mayor Sbranti stated the fee could be a lot higher. Cm. Hildenbrand stated she supported the two portions of this item. Cm. Swalwell stated he agreed with both portions of this item also. Cm. Biddle stated he also agreed with both portions of this item. Vm. Hart stated he was very supportive of the change to the JEPA regarding approval of items with a 6-1 vote. He was not supportive of the percentage of the fee increase. By consensus, the City Council voted on the proposed resolution with finro votes: On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote, the City Council adopted the portion of Resolution No. 42-11 regarding Approving the 2011 Strategic Expenditure Plan Update Pursuant to the Requirements of the Joint Exercise of Powers Agreement. On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by majority vote (Cm. Hart voting no), the City Council adopted the portion of Resolution No. 42-11 Amending the Tri-Valley Transportation Development (TVTD) Fee Schedule. and directed the City of Dublin's TVTC representative to approve the proposed modification to the MC Joint Exercise of Powers Agreement that would allow amendments to the MD Fee DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 G`~~OFDpB~ REGULAR MEETING 19'~~"~~~~ APRIL 19, 2011 ~~ ~ ~~ ~4GIFOR~~ schedule and the Strategic Expenditure Plan to be approved by a 6-1 vote, rather than by a unanimous vote. ~ UNFINISHED BUSINESS - None -~ _ NEW BUSINESS Report on 2011 Dublin Pride Week Activities 7:57:25 PM 8.1 (150-80) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would receive a report on the planned activities for the 2011 Dublin Pride Week, scheduled for May 7- May 14, 2011. The City Council received the 2011 Dublin Pride Week activities report.. OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 8:07:20 PM Cm. Swalwell stated he attended the Association of Bay Area Governments (ABAG) Assembly and would be attending the East Bay Division Bocce ball tournament. , Cm. Hildenbrand stated she would also be attending the East Bay Division Bocce ball tournament and she had attended the Camp Parks land swap agreement signing. Cm. Biddle stated he attended the East Bay Division Service Committee meeting, a Waste Management meeting, the Alameda County Housing Authority meeting, and had attended part of the ABAG meeting. He stated he had participated in an Economic Development business visit with Hexcel. He also attended a City of Dublin/Dublin Unified School District (DUSD) Liaison meeting. Vm. Hart stated he attended the City of Dublin/DUSD Liaison meeting. City Manager Pattillo clarified that, at the City of Dublin/DUSD Liaison meeting, there had been discussion of the discovery of a utility tax. There was a desire to test it. There had been no DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G~,~OFDpB~ REGULAR MEETING a~~~~~~ APRIL 19, 2011 ~` ~ ~~ ~`~GIFOR~~ decision to move forward at this point. The discussion about the swim center in the west was to look at the options. There had not been direction given at this meeting. Mayor Sbranti stated he attended the Camp Parks land swap signing, an Alameda County Transportation Committee meeting, the East Bay EDA meeting, the opening of the Bay Area Breeze Team, the Hexcel Business Visitation, and the Rotary Superstar luncheon. Cm. Hildenbrand stated the City had been selected as an All America City finalist. ~ ADJOURIVMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:20:00 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 9 VOLUME 30 ~OFDpB REGULAR MEETING a'~~~'~ APRIL 19, 2011 `~ ~ ~ ~'1L/FOR~~'