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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING - June 17.2008
A regular meeting of the Dublin City Council was held on Tuesday, June 17,2008, in the
Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00
p.m., by Mayor Lockhart.
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ROLL CALL
PRESENT: Councilmembers Hildenbrand, Oravetz, Scholz and Vice Mayor Sbranti.
ABSENT: Mayor Lockhart
The meeting was chaired by Vice Mayor Sbranti.
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PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff, and those present.
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ORAL COMMUNICATIONS
Acceptance of Improvements - Dublin Sports Grounds Batting Cages
7:06 p.m. 3.1 (600-30)
Parks and Community Services Director Diane Lowart presented the Staff Report and
advised that in August 2003, the City of Dublin and the Dublin Little League entered into
an agreement regarding construction of batting cages at the Dublin Sports Grounds. As
per the agreement, Dublin Little League was granted permission to construct two batting
cages at the Dublin Sports Grounds and, upon completion, transfer ownership of the
improvements to the City. Construction of the batting cages by Dublin Little League is
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now complete and the ownership will be transferred to the City, with Dublin Little League
having exclusive use of the batting cages.
Danny Maloney, representing the Dublin League, spoke in support of the project.
On motion of Cm. Oravetz, seconded by Cm. Scholz and by unanimous vote, with Mayor
Lockhart absent, the Council accepted ownership of Dublin Sports Grounds Batting
Cages.
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Mayor's Appointment of Student Member to Parks and
Community Services Commission
7 :09 p.m.
3.2 (11 0-30)
Parks and Community Services Director Diane Lowart presented the Staff Report and
advised that the City Council would consider the Mayor's appointment of Joey Von Loon,
June 2008 to June 2009, to the Parks and Community Services Commission
On motion of Cm. Hildenbrand, , seconded by Cm. Scholz, and by unanimous vote, with
Mayor Lockhart absent, the Council confirmed the Mayor's appointment of Joey Von
Loon to the Parks and Community Services Commission and directed Staff to notify the
applicants.
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Proclamation for Bonnie and Robert Powers. Cinderella Classic Bike Ride
7:10 p.m.
3.3 (610-50)
Vice Mayor Sbranti presented a proclamation to Robert and Bonnie Powers, founders of
the Valley Spokesman Bicycle Club and originators of the Cinderella Classic, and
Women's Only Bicycle Ride.
Bonnie Powers spoke on the event and responded to Vice Mayor Sbranti's question on the
route.
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Introduction of New Employee: Patricia Parks,
Office Assistant II. Police Department
7:11 p.m. 3.4
(700-10)
The City Council welcomed Patricia Parks to the City of Dublin.
Public Comments
7:11 p.m. 3.5
No comments were made by any member of the public at this time.
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CONSENT CALENDAR
7:13 p.m. Items 4.1 through 4.23
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with
Mayor Lockhart absent, the Council took the following actions:
Approved (4.1) Minutes of Adjourned Regular meeting of March 31,2008;
Adopted (4.2 600-30)
RESOLUTION NO. 90 - 08
APPROVING AMENDMENT TO AGREEMENT WITH BSK ASSOCIATES FOR
GEOTECHNICAL ENGINEERING SERVICES
Adopted (4.3 600-30)
RESOLUTION NO. 91-08
APPROVING AMENDMENT TO AGREEMENT WITH SNG & ASSOCIATES,
INC., FOR ENGINEERING SERVICES
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Adopted (4.4 600-30)
RESOLUTION NO. 92-08
APPROVING AMENDMENT TO AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC., FOR TRAFFIC ENGINEERING SERVICES
Adopted (4.5 600-30)
RESOLUTION NO. 93-08
APPROVING AMENDMENT TO AGREEMENT WITH KLEINFELDER, INC.,
FOR GENERAL GEOTECHNICAL SERVICES
Adopted (4.6 600-30)
RESOLUTION NO. 94-08
APPROVING AMENDMENT TO AGREEMENT WITH OMNI-MEANS, LTD.,
FOR TRAFFIC ENGINEERING SERVICES
Accepted (4.7 600-35) the improvements under Contract No. 08-02, 2007-2008
Annual Sidewalk Safety Repair Program and Curb Ramp Installation and authorized the
release of retention after 35 days if there are not subcontractor claims.
Adopted (4.8 1060-20)
ORDINANCE NO. 24-08
REPEALING ORDINANCES 13-90 AND 16-97 AND ESTABLISHING BUS STOPS
AT VARIOUS LOCATIONS CITYWIDE
Adopted (4.9 600-30)
RESOLUTION NO. 95-08
APPROVING AMENDMENT NO.1 TO THE AGREEMENT WITH
ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR CONSULTING
SERVICES FOR THE SAINT PATRICK WAY - REGIONAL STREET TO
GOLDEN GATE DRIVE PROJECT
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Adopted (4.10 600-30)
RESOLUTION NO. 96-08
APPROVING AMENDMENT TO AGREEMENT WITH TJKM
TRANSPORTATION CONSULTANTS FOR TRAFFIC ENGINEERING
SERVICES
Adopted (4.11 560-90)
ORDINANCE NO. 25-08
AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING
TO SMOKING POLLUTION CONTROL
Adopted (4.12 600-60)
RESOLUTION NO. 97-08
APPROVING PARTIAL RELEASE OF SECURITY FOR TRACT 7643,
SORRENTO AT DUBLIN RANCH, NEIGHBORHOOD 2
and
RESOLUTION NO. 98-08
APPROVING PARTIAL RELEASE OF SECURITY FOR TRACT 7645,
SORRENTO AT DUBLIN RANCH, NEIGHBORHOOD 4
Adopted (4.13 600-60)
RESOLUTION NO. 99-08
ACCEPTING IMPROVEMENTS AND APPROVING REGULATORY TRAFFIC
CONTROL DEVICE FOR THE GRAFTON STREET AND CENTRAL P ARKW A Y
TRAFFIC SIGNAL
and
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RESOLUTION NO. 100-08
ACCEPTING IMPROVEMENTS AND APPROVING REGULATORY TRAFFIC
CONTROL DEVICE FOR THE MONTALCINO STREET AND CENTRAL
PARKWAY TRAFFIC SIGNAL, AND PARTIAL RELEASE OF SECURITY FOR
TRACT 7644, SORRENTO AT DUBLIN RANCH, NEIGHBORHOOD 3
Adopted (4.14 600-35)
RESOLUTION NO. 101-08
AWARDING CONTRACT NO. 08-08 STAGECOACH PARK PLAY AREA
RENOVATION TO M.A.K. ASSOCIATES INCORPORATED
Adopted (4.15 360-20)
RESOLUTION NO. 102-08
APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 1983-2
and
RESOLUTION NO. 103-08
APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO
PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 1983-2
Received (4.16 330-50) Preliminary Financial Reports for the Month of April 2008;
Adopted (4.17 700-20/720-10)
RESOLUTION NO. 104-08
AMENDING THE CLASSIFICATION PLAN
and
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RESOLUTION NO. 105-08
ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN
ACCORDANCE WITH THE PERSONNEL RULES
and
RESOLUTION NO. 106-08
ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT
FROM COMPETITIVE SERVICE
and
RESOLUTION NO. 107-08
AMENDING THE BENEFIT PLAN FOR MANAGEMENT POSITIONS EXEMPT
FROM COMPETITIVE SERVICE RESOLUTION
Adopted (4.18 360-20)
RESOLUTION NO. 108-08
APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 1986-1 (TRACT 5511)
and
RESOLUTION NO. 109-08
APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO
PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 1986-1
Adopted (4.19 360-20)
RESOLUTION NO. 110-08
APPROVING PRELIMINARY ENGINEER'S REPORT, LANDSCAPING
MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA)
and
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RESOLUTION NO. 111-08
APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO
PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT
DISTRICT 1997-1 (SANTA RITA AREA)
Adopted (4.20 700-10)
ORDINANCE NO. 26-08
AMENDING CHAPTER 2.20 OF THE DUBLIN MUNICIPAL CODE RELATING
TO THE PERSONNEL SYSTEM
and
RESOLUTION NO. 112-08
RESTATING THE MANAGEMENT POSITIONS EXEMPT FROM
COMPETITIVE SERVICE AS STATED IN THE RESOLUTION ESTABLISHING
MANAGEMENT POSITIONS EXEMPT FROM COMPETIVE SERVICE AND
PRESCRIBING LEAVE BENEFITS FOR THE POSITIONS AND ALL
AMENDMENTS THERETO
Approved (4.21 300-40) the Warrant Register in the amount of $3,582,447.79.
Adopted (4.22 360-20)
RESOLUTION NO. 113-08
APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT, CITY OF DUBLIN STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 1983-1
and
RESOLUTION NO. 114-08
APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO
PROPOSED ASSESSMENTS, CITY OF DUBLIN STREET IGHTING
MAINTENANCE ASSESSMENT DISTRICT 1983-1
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Adopted (4.23 360-20)
RESOLUTION NO. 115-08
APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT, CITY OF DUBLIN STREET LIGHTING
MAINTENANCE ASSESSMENT DISTRICT 1999-1
and
RESOLUTION NO. 116-08
APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO
PROPOSED ASSESSMENTS, STREET LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 1999-1
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WRITTEN COMMUNICATIONS - None
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PUBLIC HEARINGS
Amendment to Chapter 8.104, Site Development Review of the Dublin Zoning
Ordinance - ZOA 07-002 (Lee:islative)
7:15 p.m. 6.1 (410-30)
Vm. Mayor Sbranti opened the public hearing.
Senior Planner Erica Fraser presented the Staff Report and advised that the City Council,
as a high priority goal for Fiscal Year 2007-2008, requested that Staff and the Planning
Commission review Chapter 8.104, Site Development Review (SDR), of the Dublin
Zoning Ordinance, and determine if any changes should be made to increase the
effectiveness of the Chapter. The review of the SDR chapter was separate from the
Comprehensive update of the Zoning Ordinance. She spoke on the type of modifications
that will require site development review, the type of projects subject to Community
Development Director review, projects requiring Zoning Administrator review and
projects requiring Planning Commission review. In conclusion, she recommended a
$500.00 flat fee be applied for the Site Development Review for a 500 square foot (or
more) residential addition and the demolition and reconstruction of a residential home.
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Ms. Fraser responded to Council questions on clarification of minor and major projects
the type of modifications requiring site review.
No testimony was received by any member of the public relative to this issue.
Vm. Sbranti closed the public hearing.
On motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, with
Mayor Lockhart absent, the Council waived the reading and INTRODUCED an
Ordinance Approving Amendments to Chapter 8.04, Title, Purpose and Authority,
Chapter 8.36, Development Regulations, Chapter 8.40, Accessory Structures and Uses
Regulations and Chapter 8.104, Site Development Review; and approved a $500 flat fee
for the Site Development Review for a 500 square foot (or more) residential addition and
the demolition and reconstruction of a residential home.
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Ordinance Adding Section 1.04.061 (Recovery of Nuisance Abatement Costs
Incurred bv the City) to Dublin Municipal Code
7:30 p.m. 6.2 (530-20)
Vm. Mayor Sbranti opened the public hearing.
City Attorney John Bakker presented the Staff Report and advised that this is the first
reading of a proposed ordinance that contains the procedures governing steps for the
levying of nuisance abatement special assessments.
No testimony was received by any member of the public relative to this issue.
Vm. Sbranti closed the public hearing.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with
Mayor Lockhart absent, the Council waived the reading and INTRODUCED an
Ordinance Adding Section 1.04.061 to the Dublin Municipal Code, Relating to Nuisance
Abatement Cost Recovery.
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Amendment to Dublin Municipal Code (DMC) Chapter 5.72
Rodent and Flv Control)
7:32 p.m. 6.3 (560-40)
Vm. Sbranti opened the public hearing.
City Attorney John Bakker presented the Staff Report and advised that this is the first
reading of an amendment to Dublin Municipal Code (DMC) Chapter 5.72 relating to
Rodent and Fly Control that requires owners of property on which a nuisance is
maintained to abate it. Also recommended were substantive changes to this chapter to
ensure the DMC contains procedures for the collection of costs incurred by the City in the
abatement of nuisances.
No testimony was received by any member ofthe public relative to this issue.
Vm. Sbranti requested clarification of conditions to deem a health issue and City authority
to go on private property.
Mr. Bakker responded that due process would be followed, that the City has the authority
to do immediate abatement if necessary, and that County assistance could be requested.
Vm. Sbranti closed the public hearing.
On motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, with
Mayor Lockhart absent, the Council waived the reading and INTRODUCED an
Ordinance Amending Chapter 5.72 of the Dublin Municipal Code Relating to Rodent and
Fly Control.
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Amendment of Dublin Municipal Code (DMC) Chapter 5.68 (Graffiti)
7:39 p.m. 6.4 (530-20)
City Attorney John Bakker presented the Staff Report and advised that this is the first
reading of an amendment to DMC Chapter 5.68 relating to graffiti. In addition to a
number of minor changes intended to improve the chapter's clarity and ensure uniformity
with the rest of the DMC, it also provides that certain substantive changes be made to
ensure the DMC contains uniform procedures for the collection of costs incurred by the
City in the abatement of nuisances.
Vm. Sbranti opened the public hearing
No testimony was received by any member of the public relative to this issue.
Vm. Sbranti closed the public hearing.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with
Mayor Lockhart absent, the Council waived the reading and INTRODUCED an
Ordinance Amending Chapter 5.68 of the Dublin Municipal Code Relating to Graffiti.
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Amendment of Dublin Municipal Code (DMC) Chapter 5.64 (Property Maintenance)
7:40 p.m. 6.5 (530-20)
City Attorney John Bakker presented the Staff Report and advised that this is the first
reading of an amendment to DMC Chapter 5.64 relating to property maintenance. In
addition to a number of minor changes intended to improve the chapter's clarity and
ensure uniformity with the rest of the DMC, it also provides certain substantive changes
be made to ensure the DMC contains uniform procedures for the collection of costs
incurred by the City in the abatement of nuisances.
Vm. Sbranti opened the public hearing.
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No testimony was received by any member of the public relative to this issue.
Vm. Sbranti closed the public hearing.
On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, with
Mayor Lockhart absent, the Council waived the reading and INTRODUCED an
Ordinance Amending Chapter 5.64 of the Dublin Municipal Code Relating to Property
Maintenance.
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Amendment of Dublin Municipal Code (DMC) Chapter 5.70 (Weeds and Refuse)
7:41 p.m. 6.6 (540-50)
City Attorney John Bakker presented the Staff Report and advised that this is the first
reading of an amendment to DMC Chapter 5.70 relating to weeds and refuse. In addition
to a number of minor changes intended to improve the chapter's clarity and ensure
uniformity with the rest of the DMC, it also provided certain substantive changes be made
to ensure the DMC contains uniform procedures for the collection of costs incurred by the
City in the abatement of nuisances.
Vm. Sbranti opened the public hearing.
No testimony was received by any member of the public relative to this issue.
Vm. Sbranti closed the public hearing.
Mr. Bakker responded to Council questions on the weed abatement procedure.
City Manager Richard Ambrose responded to Council questions on recurring weed
abatement on the same property for multiple years.
On motion of Cm. Hildenbrand, seconded by Cm. Oravetz, and by unanimous vote, with
Mayor Lockhart absent, the Council waived the reading and INTRODUCED an
Ordinance Amending Chapter 5.70 of the Dublin Municipal Code Relating to Weeds and
Refuse.
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UNFINISHED BUSINESS
Second Amendment to Collection Service
Ae:reement between the City of Dublin and Amador Vallev Industries. LLC
7:45 p.m. 7.1 (600-30)
Administrative Analyst Roger Bradley presented the Staff Report on an amendment to the
Collection Services Agreement between the City of Dublin and Amador Valley Industries.
The amendment includes the creation of a Commercial Recycling Compensation Element
in the annual rate adjustment, which would provide revenue for the commercial recycling
program and create an economic incentive for increased commercial recycling efforts.
Mr. Bradley responded to City Council questions on multi-family recycling/diversion,
stating multi-family is included in the commercial diversion for reporting purposes.
City Manager Richard Ambrose clarified that the enclosed trash areas at multi-family
complexes are not large enough for trash and recycling bins, thereby hampering A VI's
ability to expand commercial recycling.
Cm. Hildenbrand requested an effort to expand commercial recycling.
Assistant City Manager Joni Pattillo stated that diversion conversations are on-going and
will continue.
Gordon Galvin, representing Amador Valley Industries (A VI), spoke in support of Staffs
recommendation and on the Company goal to increase recycling.
On motion of Cm. Scholz, seconded by Cm. Oravetz, and by unanimous vote, with Mayor
Lockhart absent, the City Council adopted
RESOLUTION NO. 117-08
APPROVING A SECOND AMENDMENT TO THE COLLECTION SERVICE
AGREEMENT BETWEEN THE CITY OF DUBLIN AND AMADOR VALLEY
INDUSTRIES, LLC.
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NEW BUSINESS
General Municipal Election - November 4. 2008
8:00 p.m. 8.1 (630-20)
Interim City Clerk Carolyn Parkinson presented the Staff Report and advised that the next
Municipal Election in the City of Dublin will be on Tuesday, November 4, 2008. Offices
to be voted on shall be one (1) Mayor and two (2) Councilmembers. The Mayor serves a
2-year term and Councilmembers serve a 4-year term. She stated the proposed Resolution
also requests the Alameda County Board of Supervisors consolidate the City's General
Municipal Election with the Statewide General Election and authorize certain procedural
matters. In conclusion, she requested the City Council determine whether the statement
of qualifications which each candidate is allowed to place in the sample ballot should be a
maximum of 200 or 400 words and whether the City or each candidate should pay the
costs associated with printing his/her candidate statement.
Ms. Parkinson responded to City Council questions on translation of the Candidate
Statement for printing in Chinese and Spanish.
On motion of Cm. Hildenbrand, seconded by Cm. Scholz, and by unanimous vote, with
Mayor Lockhart absent, the City Council determined the Statement of Qualifications
should not exceed 200 words that each candidate should pay the associated costs, and
adopted
RESOLUTION NO. 118-08
CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF DUBLIN ON NOVEMBER 4, 2008; REQUESTING THE ALAMEDA
COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF
DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL
MATTERS
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and;
RESOLUTION NO. 119-08
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES' STATEMENTS AND THE COSTS THEREOF
FOR THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2008
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Amendment to the Affordable Housing Agreement for the
First Phase of Positano to Provide Four Additional Secondary Units,
Affordable to Very-Low Income Households In-Place of Four Single-Family
Detached Homes. Affordable to Very-Low Income Households
8:03 p.m. 8.2 (430-80)
Senior Planner Jeff Baker presented the Staff Report and advised that the first phase (247
units) of Braddock & Logan's Positano Development is subject to an Affordable Housing
Agreement with a requirement to provide 13 single-family detached homes and 13
secondary units affordable to very-low, low, and moderate income households. Braddock
& Logan requested an amendment to the Affordable Housing Agreement to eliminate the
requirement to provide four single-family detached homes affordable for very-low income
households and instead provide four additional secondary units affordable for very-low
income households. The proposal would result in a total of eight secondary units for very-
low income households (rather than four single-family and four secondary very low-
income units) in the first phase of development.
Robert Miller, representing Braddock & Logan, spoke in support of the revised four
additional secondary units affordable to very-low income households in place of 4 single-
family detached homes affordable to very-low income households.
On motion of Cm. Oravetz, seconded by Cm. Hildenbrand, and by unanimous vote, with
Mayor Lockhart absent, the City Council adopted
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RESOLUTION NO. 120-08
APPROVING AMENDMENT NO.1 TO THE AFFORDABLE HOUSING
AGREEMENT FOR FIRST PHASE (247 UNITS) OF POSITANO TO PROVIDE
FOUR ADDITIONAL SECONDARY UNITS AFFORDABLE TO VERY-LOW
INCOME HOUSEHOLDS IN PLACE OF FOUR SINGLE-FAMILY DETACHED
HOMES AFFORDABLE TO VERY-LOW INCOME HOUSEHOLDS
(P A 05-038 AND P A 07-005)
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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)
8:12 p.m.
City Manager Richard Ambrose clarified the June 26th - 5 :30 p.m. Closed Session with
the Regular Meeting at 6:00 p.m.
Cm. Hildenbrand announced she attended Camp Parks Medic Training over the weekend.
She stated she would like to provide military in the area affordable housing opportunities
and requested staff follow-up. She also announced she attended the Elephant Bar Grand
Opening and welcomed them to the Community.
Vm. Sbranti stated the 2008 High School Graduation Class honored a Dublin Police
Officer at the graduation ceremony. He also cautioned the Community about a group
going door to door saying they are a part of the community trying to raise money is
actually not part of the community. He reminded the public of the No Solicitor
Ordinance.
ADJOURNMENT
10.1
There being no further business to come before the Council, the meeting was adjourned at
8:20 p.m. in memory of our fallen troops.
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Minutes prepared by Carolyn Parkinson, Interim City Clerk.
ATTEST:
City Clerk
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