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HomeMy WebLinkAbout05-20-2008 Adopted CC Min MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING - Mav 20~ 2008 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. PERSONNEL - Government Code Section 54~57.6(a) - Conference with Agency Labor Negotiator Richard Ambrose, City Manager - Unrepresented City Employees: Administrative Aide Administrative Analyst I Administrative Analyst II Administrative Services Director Administrative Technician Assistant Civil Engineer Assistant Planner Associate Civil Engineer Associate Planner Building Official City Clerk City Engineer Code Enforcement Officer Community Development Director Community Safety Assistant Economic Development Director Finance Manager Finance Technician I Finance Technician II Geographic Information System Coordinator Heritage & Cultural Arts Supervisor Heritage Center Director Housing Specialist Information Systems Manager Information Systems Technician I Information Systems Technician II Office Assistant I Office Assistant II Parks & Community Services Director Parks & Community Services Manager Parks & Facilities Development Coordinator Parks & Facilities Development Manager Permit Technician Planning Manager Preschool Instructor Public Works Director/Assistant City Engineer Public Works Inspector Public Works Manager Public Works Technician I Public Works Technician II Recreation Coordinator Recreation Supervisor Recreation Technician Secretary Secretary to the City Manager/Deputy City Clerk Senior Administrative Analyst Senior Building Inspector Senior Civil Engineer Senior Finance Technician Senior Office Assistant Senior Plan Checker Senior Planner DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 II. CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representative: Richard Ambrose, City Manager Unrepresented employees: Assistant City Manager, Assistant to the City Manager III. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: one potential case. Facts and circumstances: Government Code Section 54956.9(b)(1)(B): ClP Project # 95465 IV. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Gov. Code section 54957 Title: City Attorney .. A regular meeting of the Dublin City Council was held on Tuesday, May 20,2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Lockhart. .. ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart ABSENT: None .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. .. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that no reportable action had been taken. Closed Session would continue after the regular meeting. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 2 .. ORAL COMMUNICATIONS Introduction of New Employees and Promotions 7:06 p.m. 3.1 (700-10) Director of Public Works Melissa Morton introduced Steven Yee as the new Public Works Manager. Ms. Morton introduced Stephanie Volpe, the new Office Assistant II in Public Works. The City Council welcomed Ms. Volpe to City Staff and congratulated Steven Yee, Public Works Manager, on his promotion. .. Mayor's Appointment of Poet Laureate and City Historian Volunteer Positions 7:10 p.m. 3.2 (110-30) Mayor Lockhart presented the Staff Report and advised that the City Council would be asked to approve the appointment of Georgean V onheeder- Leopold as the new City Historian and Veronica (Ronnie) Holland as the new Poet Laureate. Each would serve a two-year term. Ms. Vonheeder-Leopold, and Ms. Holland thanked the City for their respective appointments. On motion of Mayor Lockhart, seconded by Vm. Sbranti and by unanimous vote, the Council appointed Veronica (Ronnie) Holland as Poet Laureate and Georgean V onheeder- Leopold as City Historian, each to serve a two year term. .. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 3 Proclamation - Crossin!!: Guard of the Year 7:12 p.m. 3.3 610-50 Mayor Lockhart presented a proclamation recognizing Brenda Landucci, as the 2007- 2008 Crossing Guard of the Year by All City Management. .. Proclamation - Cub Scout Pack 930 7:15 p.m. 3.4 (610-50) Mayor Lockhart presented a proclamation recognizing Cub Scout Pack 930 for their efforts in placing inlet markers on City streets and collecting trash and commended them for a job well done. +. Proclamation - National Public Works Week 7:19 p.m. 3.5 (610-50) Mayor Lockhart presented a proclamation to Director of Public Works Melissa Morton recognizing May 18-24,2008 as National Public Works Week. + Status Report on City Manae:er Recruitment 7:24 p.m. 3.6 (740-40) Assistant to the City Manager Julie Carter presented the Staff Report and advised that the City Council would receive a status report from the Executive Recruiter, Bob Murray. The public was invited to provide input to the City Council regarding the qualities, traits and abilities Dublin's new City Manager should possess. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 4 Mr. Murray stated 55 resume were received from people interested in being the City Manager of Dublin. Of the 55 candidates, 25 were from out of state. He would be doing pre screening until he spoke to the City Council on June 3. Vm. Sbranti asked Mr. Murray about how many applicants would go on to the next step. Mr. Murray stated there were about twelve candidates that would proceed. Ms. Audrey DeHart, Dublin resident, stated she would like a City Manager that would consider various grocery stores for seniors, and there were too many condos in the area. Vm. Sbranti asked about difficulty in receiving email messages regarding the desired traits of the new City Manager, through the website connection. Ms. Carter stated information regarding the public's desired traits would be provided at the next Closed Session, but she would still have Staff look into the web site connection. The City Council received the presentation. + Public Comments Audrey DeHart, Dublin resident, stated she contacted the City regarding two areas of bad roads. She asked that the City Council pass an ordinance to ensure that contractors leave any road on which they have worked, in good condition. + CONSENT CALENDAR 7:35 p.m. Items 4.1 through 4.16 Mayor Lockhart pulled Items 4.6, 4.7, 4.10, 4.13, and 4.16 for discussion. On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes - None; DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 5 Adopted (4.2 600-35) RESOLUTION NO. 69 - 08 AWARDING CONTRACT NO 08-05 TO COLOR CHART, INCORPORATED Adopted (4.3 600-30) RESOLUTION NO. 70 - 08 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES Adopted (4.4 600-60) RESOLUTION NO. 71 - 08 APPROVING PARCEL MAP 9512 (DUBLIN LAND COMPANY) Adopted (4.5 600-60) RESOLUTION NO. 72 - 08 ACCEPTANCE OF FALLON ROAD OFF SITE BACKBONE UTILITIES FOR TRACT 7586 (BRADDOCK AND LOGAN) Adopted (4.8 600-60) RESOLUTION NO. 73 - 08 APPROVING THE RELEASE OF BONDS ASSOCIATED WITH PARCEL MAP 9208 (BRADDOCK AND LOGAN) DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 6 Approved (4.9 600-40) the Memorandum of Understanding for the Eastbound lnterstate Highway 580 Landscape Replacement Project between the ACCMA and the Cities of Dublin, Pleasanton and Livermore and authorized the City Manager to sign said memorandum. Adopted (4.11 600-30) RESOLUTION NO. 74 - 08 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND MUNIFINANCIAL FOR ASSESSMENT DISTRICT AND FEE ADMINISTRATION SERVICES Adopted (4.12 600-30) RESOLUTION NO. 75 - 08 APPROVING AMENDMENT NO.6 TO THE AGREEMENT WITH TY LIN INTERNATIONAL/CCS FOR CONSULTING SERVICES I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS PROJECT Approved (4.14 300-40) the Warrant Register in the amount of$4,511,648.15; Approved (4.15 600-30) continuation of contracts with 4Leaf lnc., Precision lnspection Company, lnc., Shums Coda Associates lnc., and Bureau Veritas North America, Inc. for Building and Safety Services for the City of Dublin in Fiscal Year 2008-2009. Mayor Lockhart pulled Item 4.6 (660-60) Adoption of Resolution Establishing a Cash Deposit or Bond Amount for Solicitor Permits, and asked Staff to whom it applied. City Attorney John Bakker stated it applied to all solicitors that were subject to the City's Ordinance. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 7 The Mayor asked if it would apply to the non-profit groups outside Dublin. Would it apply to those non-profits based outside the City with Dublin residents in the group? Mr. Bakker stated that was correct. It would apply to the non-profit groups outside of Dublin, but did not know, if a resident was part of that group, would it still apply to that group. He would need to return with the answer. City Manager Ambrose stated that most non-profits could not afford $5,000 and this was geared towards commercial vendors who were in the business of soliciting and making a profit. Mayor Lockhart stated she did not want to approve the item without knowing exactly who would be required to pay the $5,000. Mr. Bakker stated he would bring the item back with the answer to her question. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the Council agreed to continue the item to a future City Council meeting. Mayor Lockhart pulled Item 4.7 (600-60) Approval of Partial Release of Security for Tract 7283, Verona (Pulte Homes), Rear Yard Landscaping, and asked Staff when would the project be 100% complete. City Engineer Mark Lander stated it would be 100% complete in about 30-60 days. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 76 - 08 PARTIAL RELEASE OF SECURITY FOR TRACT 7283, REAR YARD LANDSCAPING, VERONA Mayor Lockhart pulled Item 4.10 (600-35) Award of Bid - Contract No. 08-06, 2007- 2008 Annual Street Overlay Program, and asked if the Staff Report was written differently DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 8 than in previous years because it did not have the usual list of streets that would be part of the program. Public Works Director Melissa Morton stated that usually the list of streets was for the Slurry Seal program, but yes, this Staff Report was different this year. There were Traffic Congestion Relief Program monies that had to be spent by June 30, so a portion of the overlay would be done now using those monies and then a portion would be done in Fiscal Year 2008-2009. On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote, the Council adopted RESOLUTION NO. 77 - 08 AWARDING CONTRACT NO. 08-06, 2007-2008 ANNUAL STREET OVERLAY PROGRAM TO BAY CITIES PA VING & GRADING, INC. Mayor Lockhart pulled Item 4.13 (420-20) Ordinance Adding Chapter 8.42 (Superstores) to the Dublin Municipal Code (420-20) so Cm. Oravetz could register his no vote. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by majority vote (Cm. Oravetz voting no), the Council adopted ORDINANCE NO. 22 - 08 ADOPTING CHAPTER 8.42 OF THE DUBLIN MUNICIPAL CODE RELATING TO SUPERSTORES Mayor Lockhart pulled Item 4.16 (430-80) Proposed Resolution Establishing a Temporary Policy for the Rental of Below Market Rate Ownership Units by Owners Unable to Sell Their Units at the Restricted Resale Price, and stated she was surprised to see this item on the Consent Calendar. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 9 City Manager Ambrose stated the reason the item had been placed on the Consent Calendar was because Staff had given the Council a report at a previous meeting and the content of the resolution was identical to the principles in that report. Mayor Lockhart stated that on Page 3 of 3 of the Staff Report, the sentence said, "The City Manager would enforce the policy and have the authority to enter into a regulatory agreement with BMR owners in a form approved by the City Manager and the City Attorney." She asked for an example of a Regulatory Agreement. Mr. Bakker stated the City already had regulatory agreements with certain apartment owners which restrict the rent at which the owners can rent units to tenants. This agreement would be very similar to the agreement the City had with tenants. It would restrict the amount of rent and also require that rents would have to be set at low income, very low income or moderate levels and also require the tenants be pre-qualified within that income range. City Manager Ambrose stated it mirrored the Affordable Housing Agreements the City had for those types of rental projects. The City Council and Staff discussed the probability of finding tenants that qualified for such rental rates, and having the item returned to the City Council it there was difficulty in finding qualified renters. The owner would have to enter into an agreement with the City before they rented the unit, but when they interacted with the tenant the rent would be set by the City's Regulatory Agreement. The term of rental could not go beyond two years. Was the City actually helping the owners if there were so many restrictions in renting the units and not covering the mortgage payments? If someone had an affordable unit to rent and the City allowed them to charge a market rate rent, then they would be making a profit. The City Council continued the discussion of market rental rates, moderate, low income or very low income rental rates and agreed to have Staff return with an analysis on the rates to be allowed for the units, and consideration of including Homeowner Association fees in the equation of allowable rates. On motion of Cm. Scholz, seconded by Vm. Sbranti and by unanimous vote, the City Council agreed to continue this item to a future meeting. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 10 .. WRITTEN COMMUNICATIONS - None .. PUBLIC HEARINGS Review of Dublin Municipal Code (DMC) Chapter 4.28 Relatin!!: to Kennels 8:01 p.m. 6.1 (500-80) City Attorney John Bakker presented the Staff Report and advised this was the first reading of an ordinance regarding DMC Chapter 4.28 relating to kennels which included the addition of two new sections, one to exempt veterinary facilities from the kennel license requirement as they were regulated by California Business and Professions Code Chapter 11; and another section stated that any operator of a kennel claiming to be registered with the Veterinary Medical Board show proof of current registration. There were other minor revisions proposed. Mayor Lockhart opened the public hearing. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote, the Council waived the reading and introduced an Ordinance Amending Chapter 4.28 of the Dublin Municipal Code Relating to Kennels. .. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 11 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6600 Golden Gate Drive for Construction of the St. Patrick Way Extension from Golden Gate Drive Westerlv Approximatelv 450 Feet 8:03 p.m. 6.2 (670-20) Mayor Lockhart opened the public hearing. Director of Public Works Melissa Morton presented the Staff Report and advised that in order to extend St. Patrick Way approximately 450 feet west of Golden Gate Drive, the City must acquire a portion of the property at 6600 Golden Gate Drive. The business occupying the property was known as Orchard Supply Hardware. The proposed resolution required a 4/5 majority affirmative vote to pass. Mayor Lockhart asked had the City not been working on this project for many years. Had the property changed hands during this process? Did the owners just not agree with the appraisal? Mr. Bakker stated the property had not changed hands since 2004. Ms. Morton stated the owners did not agree with the amount being offered for the property . City Manager Ambrose stated the City had spoken to all the property owners regarding the plan line. lt had been carefully planned and then adopted by the City Council based on those discussions. Mayor Lockhart stated it was then more or less a pricing issue. Attorney Claudia Gorham stated that the property owner and their attorney were here and they had stated it was only a compensation issue. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 12 On motion of Cm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the Council adopted RESOLUTION NO. 79 - 08 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96870, ST. PATRICK WAY - REGIONAL STREET TO GOLDEN GATE DRIVE, PK II DUBLIN RETAIL CENTER, L.P., PROPERTY OWNER ASSESSOR'S PARCEL NOS. 914-1500-044-02 AND 941-1500-045 .. UNFINISHED BUSINESS - None .. NEW BUSINESS Designation of Two Councilmembers as City Representatives to Discuss Compensation with City Attorney 8:10 p.m. 8.1 (600-30) Mayor Lockhart presented the Staff Report and advised that this item provided for two members of the City Council as the City's representatives to discuss terms of the City Attorney's contract including compensation, with the City Attorney. On motion of Cm. Oravetz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council appointed Vm. Sbranti and Cm. Scholz as City Representatives to discuss compensation with the City Attorney. .. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 13 Parkin!!: Desie:nation on Villa!!:e Parkway Ad iacent to the Post Office 8:11 p.m. 8.2 (750-10) Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that in response to a citizen request, the parking designation on Village Parkway in front of the Post Office would be examined. The City Council would look at past and current conditions, and would consider the citizen request to create a limited parking zone. Mayor Lockhart asked if the City required other businesses to provide parking on their premises for employees. Was there anything the City could do to require the Post Office to make that parking available? Ms. Bourgeois stated yes, the City did require that of business owners. City Manager Ambrose stated as an agent of the federal government, the Post Office was not subject to the City's zoning regulations. Mayor Lockhart stated as long as the City accommodated their misuse, they would continue to misuse the street parking. The City could not confirm it was only Post Office employees misusing parking in the area. Vm. Sbranti asked if there was any permit parking on City streets. City Manager Ambrose stated the City did not have any permit parking within the City. Cathy Cramer, Dublin resident, stated the parking south of the Post Office was sometimes empty but you would drive by before you realized the Post Office parking lot was full. She has spoken to a resident on Portage and stated she would work with them to get permit parking in their neighborhood because of parking issues. Debbie Flotay (sp), resident of Dublin and employee of the Dublin Post Office, asked to whom the City was speaking regarding a second Post Office in the City. She had heard the postal carriers were being moved to San Ramon. There was a new Postmaster the City might want to contact. The Post Office had also now blocked the second driveway out of the back of the Post Office to Village Parkway. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 14 The Mayor stated the City had spoken to Congressman McNerney and the Postmaster. Mayor Lockhart stated she had heard from a Dublin resident and he had suggested placing a drop box on the west side of Village Parkway and placing a limited parking area on the curb. He also inquired about moving the drop box now in the Post Office parking lot to the street. City Manager Ambrose stated Staff should take a look at traffic impacts of those two suggestions. The City Council and Staff discussed changing the designation of the parking in front of the Post Office on Village Parkway, checking the street sweeping schedule for residents affected by employee parking on surrounding streets, inquiring about the reasoning of the chain across the second driveway in the parking lot and the possible dangers associated with it. The City could do a formal traffic survey of these associated with these suggestions. Also, residents could write to the Post Office regarding the parking and traffic congestion. On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, the City Council requested Staff return with a resolution to change the unrestricted parking designation to 20 minute parking on Village Parkway in front of the Post Office, and looking at the possibility of locating a mail box on the opposite side of Village Parkway with limited parking, moving the mail box in the parking lot to the street, reviewing street sweeping schedules, inquiring about the chain across the second driveway and conducting traffic surveys associated with these suggestions. .. Approve Letter of Support for SB1625 (Corbett) Plastic Bottle Recyclin!!: and Marine Debris Pollution Prevention 8:46 p.m. 8.3 810-60 City Engineer Mark Lander presented the Staff Report and advised that Senate Bill 1625 would modify the existing California Beverage Container and Litter Reduction Act to add a 5 to 10 cents recycling fee to certain plastic bottles and plastic-coated containers not currently covered by the Act. The Bill was intended to increase incentives for recycling DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 15 these containers and reduce litter, as well as create additional funds for recycling programs from unredeemed fees. Cm. Hildenbrand asked that the City provide public education on this issue. Mr. Lander stated Staff would do that. On motion of Cm. Scholz, seconded by Cm. Hildenbrand and by unanimous vote, the City Council accepted the report and authorized the Mayor to sign the letter of support for SB 1625 to Senator Tom Torlakson, Chair, Senate Appropriations Committee. .. 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) 8:57 p.m. City Manager Ambrose stated there would be a dedication ceremony for the East Dublin BART station parking structure on May 23, at 9:30 a.m. Also,there would be a Tri-Valley Council meeting on May 29thhosted by the City at the Koi Gardens Restaurant. Cm. Scholz stated she would be attending both the dedication ceremony and the Tri -Valley Council meeting. Cm. Oravetz stated he would be attending the Tri- Valley Council meeting. Cm. Hildenbrand stated she attended the ICLEI Conference in Albuquerque last week. She brought back information and would share it at the next Council meeting. There would be a Memorial Day concert this week at the Civic Center. Vm. Sbranti stated he attended the Housing Forum and the Joint PlanningIHousing meeting. He commended Parks and Community Services for the Dub Town Jam and the Senior Center Open House. He attended the DPlE Art Auction, and the Chamber Golf Tournament reception. DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 16 Mayor Lockhart stated she attended the Senior Center Open House, the DPlE Art Auction, and the Chamber Golf Tournament. The City received the Growing Smarter Together Award for PubliclPrivate Partnership for the Dublin Transit Center. She mentioned the Fallon School Student Body surveyed their top ten stores in Dublin. After discussion with Staff, the City Council agreed to cancel the July 1, 2008, City Council meeting. .. The City Council reconvened to Closed Session. REPORT ON CLOSED SESSION ACTION The City Council authorized the City Manager to sign a "Delay Settlement and Waiver" and change order for ClP Project # 95465 (Contract 07-02 Sierra Bay Contractors, lnc.). The agreement will extend the completion date for the project to December 2,2008 and result in the City and contractor waiving their respective rights to liquidated damages and delay damages associated with claims for delays arising prior to April 17, 2008. The Council vote was unanimous, 5-0. ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. in memory of our fallen troops. Minutes prepared by Caroline P. Soto, Deputy City Clerk ATTEST: (lo[f?W City Clerk ~ DUBLIN CITY COUNCIL MINUTES VOLUME 27 REGULAR MEETING May 20, 2008 17