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Home My WebLink About4.01 Draft CC 09-16-2008 MinDRAFT ~~ OI' DU~~~ MINUTES OF THE CITY COUNCIL ,`, OF THE .CITY OF DUBLIN _~_~. s~ ~~ . ~/J REGULAR MEETING -September 16, 2008 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: ~~ ~~ I. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Government Code section 54956.9, subdivision (a).) Name of case: City of Dublin v. Tejindar P. Singh, et al. (Alameda County Superior Court Case No. VG05228899) A regular meeting of the Dublin City Council was held on Tuesday, September 16, 2008, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Lockhart. ROLL CALL PRESENT: Councilmembers Hildenbrand, Oravetz, and Sbranti, and Mayor Lockhart ABSENT: Councilmember Scholz 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 was taken. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 27 ~~~oeD~ REGULAR MEETING i~~i'_~~~ September 16, 2008 \\\ '~ l% ~1GII~pR~~ DRAFT ORAL COMMUNICATIONS Proclamation for Fall Prevention Awareness Week 7:11 p.m. 3.1 (610-50) a ~ 3ti Mayor Lockhart presented Dianes LeCrox, representative of Alameda County, a proclamation in which the week of September 21, 2008, was designated as Fall Prevention Awareness Week in the City of Dublin. Ms. LeCrox stated that falls were the leading cause of injury or death of older adults. The proclamation would help shed light on the issue. She thanked the Council for the proclamation. Presentation from East Bay Regional Park District (EBRPD) Regarding Proposed Bond Extension of Regional Open Space, Wildlife, Shoreline and Parks Bond 7:02 p.m. 3.2 (920-80) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the EBRPD Board of Directors had approved placing a bond measure on the November 2008 ballot to extend the Measure AA program. The $500 million bond initiative (Measure WW on the November 2008 ballot) must be approved by two-thirds of voters in Alameda and Contra Costa Counties. A representative from EBRPD would be in attendance to present the particulars of the bond measure. Ayn Wieskamp, EBRPD Director, made a presentation regarding background information of EBRPD and Measure AA, and subsequent Measure WW on the November 2008 ballot. Mayor Lockhart asked what was Dublin's share of the 25% of the $500 million bond extension, as it would benefit the City. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 27 G~~pP pUe~ REGULAR MEETING 19,~~~~~ September 16, 2008 ~\ '~ %~ ~~c~FO~~ 3~~~ DRAFT Ms. Wieskamp stated Dublin's portion would be $2,145,118. Vm. Sbranti asked how the prioritization list for Measure WW funds was developed. Ms. Wieskamp stated the list was generated through public meetings, one of which had been held in Dublin. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the Council adopted RESOLUTION NO. 168 - 08 ENDORSING EAST BAY REGIONAL PARK DISTRICT'S PROPOSED EXTENSION OF REGIONAL OPEN SPACE, WILDLIFE, SHORELINE AND PARKS BOND Public Comments 7:15 p.m. 3.3 Pat Kohnen, Dublin resident, reminded the public of a candidate forum taking place on Thursday, September 18, 2008, for Dublin City Council candidates. CONSENT CALENDAR 7:17 p.m. Items 4.1 through 4.13 On motion of Cm. Hildenbrand, seconded by Cm. Oravetz and by unanimous vote (Cm. Scholz absent), the Council took the following actions: Approved (4.1) Minutes of Special Meeting of August 19, 2008; DUBLIN CITY COUNCIL MINUTES 3 VOLUME 27 oc' nU REGULAR MEETING n;~~~~~ September 16, 2008 1`~~~~ ~ti R~ DRAFT ti ~3~, Provided (4.2 640-40) direction to Staff to revise the City's Conflict of Interest Code and bring the revised Code back to the City Council for review and approval within ninety (90) days of today's date; Accepted (4.3 600-35) the improvements under Contract No. 08-03, 2007-2008 Citywide Street Storm Drain Condition Assessment, and authorized the release of retention after 35 days, pending the submittal of the solid waste receipt from the contractor; Adopted (4.4 600-60) RESOLUTION NO. 169 - 08 PARTIAL RELEASE OF SECURITY FOR TRACT 7283, REAR YARD LANDSCAPING, VERONA Adopted (4.5 700-40/720-60) RESOLUTION NO. 170 - 08 FIXING THE EMPLOYER' S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT and RESOLUTION NO. 171 - O8 FIXING THE EMPLOYER'S CONTRIBUTION VESTING REQUIREMENT FOR FUTURE RETIREES UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT and RESOLUTION NO. 172 - 08 AMENDING THE BENEFIT PLAN DUBLIN CITY COUNCIL MINUTES 4 VOLUME 27 `~pFDp REGULAR MEETING ~~~~~~ September 16, 2008 \\\ ' l// ~~~ DRAFT ~~~34 Approved (4.6 600-35) budget change in the amount of $30,185; and accepted the improvements under Contract No. 08-06, 2007-2008 Annual Street Overlay Program, and approved release of retention after 35 days if there were no subcontractor claims; Approved (4.7 600-35) Budget Change in the amount of $92,742; and adopted RESOLUTION NO. 173 - 08 AWARDING CONTRACT N0.08-13 2008 ANNUAL SLURRY SEAL PROGRAM TO GRAHAM CONTRACTORS, INC. Adopted (4.8 320-20) RESOLUTION NO. 174 - 08 ANNUAL REVIEW OF INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS Received (4.9 100-80) Fiscal Year 2008-2009 Goals & Objectives Status Report and CIP Schedule; Received (4.10 600-40) Informational Report: Attainment of 100 Acre General Commercial Property Threshold Under City of Dublin/Alameda County Revenue Sharing Agreement; Adopted (4.11 350-20) RESOLUTION NO. 175 - 08 WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO PURCHASE SPECIALIZED POLICE VEHICLES DIRECTLY FROM VENDOR DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~~~~~ REGULAR MEETING i~~~~si September 16, 2008 `~ '~ /~ ~'~~~oa~ DRAFT ~~ ~~ ~ ~{ Authorized (4.12 600-35) City Manager to accept final improvements for Contract No. 07- 08; and adopted RESOLUTION NO. 176 - 08 ACCEPTING IMPROVEMENTS TO DEVANY SQUARE (FORMALLY AREA G NEIGHBORHOOD SQUARE) and authorized Staff to accept a maintenance bond in the amount of $106,315 at a future date; Approved (4.13 300-40) the Warrant Register in the amount of $5,107,752.3 1, dated September 16, 2008. WRITTEN COMMUNICATIONS Report on Street Parking During Street Sweeping Days 7:18 p.m. (5.1 820-40) Administrative Analyst Erin Lamberger presented the Staff Report and advised that this report described the positions of surrounding cities regarding parking restriction ordinances during street sweeping days and explored options to resolve the ongoing street parking situation. The City Council and Staff discussed that in other Cities, restrictions targeted neighborhoods or were city-wide; implementation of signage was not a good use of $625,000 right now. It was not fiscally responsible, but they could continue with the flyers and contact Staff at Wells Middle School where these issues arose. Ms. Lamberger stated that the City's use of mailings or flyers was not causing significant improvements to parking in the targeted areas. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 27 `~pFDp REGULAR MEETING 19, ~} September 16, 2008 ~\~-'~"-~/~ ~wFOe~ DRAFT -~~3~ Mr. Wright, Dublin resident, stated he had written the letter. The City had spent money in keeping the City looking beautiful. There were times that people on Penn Drive parked on the street and street sweepers could not sweep the entire block. He would appreciate changes to the municipal code. The City Council received presentation and provided direction to continue with flyers and contacting Staff at Wells Middle school to facilitate street sweeping in the Penn Drive area. City Participation in Dublin San Ramon Services District (DSRSD) Pharmaceutical Drug Collection Event 7:34 p.m. (5.2 1030-30) Economic Development Director Chris Foss presented the Staff Report and advised that the City Council would consider the request by the Dublin San Ramon Services District (DSRSD) to participate in the District's October 10, 2008 Pharmaceutical Drug Collection event. The City Council and Staff discussed support for the event. There had been information about not putting pharmaceutical drugs in the waterways. The collection also included over the counter drugs, mercury thermometers and batteries. The City was also looking at making it a permanent program. The City Council received the presentation and directed Staff to proceed with participation in the DSRSD Pharmaceutical Drug Collection event on October 10, 2008, and return with a report regarding a permanent pharmaceutical drug collection site within the City of Dublin. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 27 `~yOF Dp~ REGULAR MEETING ~~~~~~~ September 16, 2008 ~\ '(~ l// ~'~GI ~~S DRAFT PUBLIC HEARINGS General Plan Community Design and Sustainability Element, PA 07-038 7:43 p.m. 6.1 (420-30) Mayor Lockhart opened the public hearing. U ~° ~l '~., ~ Senior Planner Jeff Baker presented the Staff Report and advised that the City Council would consider adopting a resolution approving a General Plan Amendment adding a Community Design and Sustainability Element to the General Plan as Chapter 10. Bill Weissman, Consultant from RBF, presented an overview of the Community Design and Sustainability Element. Based on the Urban Design principle, he detailed five major components: reinforcing and creating a positive regional identity, a sense of arrival, design of the built form, connections and linkages, and sustainability. The City Council and Staff discussed that this would capture items Staff had already been implementing and use it as tool with developers. It would become part of the General Plan, and therefore, enforceable. Was it possible to add an item that dealt with the City providing residents assistance in purchasing solar panels to be part of this item. The Consultant was asked to add more pictures to show more variety on Page 94. The City Council would not move forward with the Planning Commission's request that the entire City be divided into villages, per Policy 10.7.4.M of the document. The City Council directed Staff to delete Policy 10.5.3.E., leaving the City's sign ordinance as is. In regard to a water element, it could be revisited during the City Council's Goals and Objectives meetings. No testimony was received by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. Oravetz, seconded by Vm. Sbranti and by unanimous vote (Cm. Scholz absent), the Council adopted RESOLUTION NO. 177 - O8 APPROVING A GENERAL PLAN AMENDMENT ADDING A DUBLIN CITY COUNCIL MINUTES s VOLUME 27 ~~ or ~,~ REGULAR MEETING 1~~~~~ September 16, 2008 \\\ '~ l% ~4GI1'bR~~~ DRAFT COMMUNITY DESIGN AND SUSTAINABILITY ELEMENT TO THE GENERAL PLAN AS CHAPTER 10, PA 07-038 as amended by deleting Sections 10.7.4.M and 10.5.3.E. UNFINISHED BUSINESS Update Regarding Parking Designation on Village Parkway Adiacent to the Post Office 8:28 p.m. 7.1 (570-10) I ~ "'T Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that this item was originally presented to the City Council in May 2008 in response to a citizen request to implement a limited parking zone on Village Parkway in front of the Post Office. This item provided an update to City Council regarding traffic conditions at and around the Post Office on Village Parkway, especially in light of recent changes to operations at the Post Office. Mayor Lockhart asked Staff to check the status of the public's use of the back parking area. It was believed the back parking lot would open once counter improvements had been made. Shannon Community Center -Public Art Modification 8:35 p.m. 7.2 (900-60) Heritage and Cultural Arts Manager John Hartnett presented the Staff Report and advised that the City Council would be asked to consider a modification to the public art project by artist Margarita Soyfertis for the Shannon Community Center. On motion of Vm. Sbranti, seconded by Cm. Oravetz and by unanimous vote (Cm. Scholz absent), the City Council approved the public art modification for Shannon Community Center and directed Staff to work with the artist to incorporate measures to discourage skateboarders from damaging the walls and art. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 27 ~,~oeDre~ REGULAR MEETING 1~~~~~ September 16, 2008 `~ (~' /~ Gc,~R~~ 1 D ~:-~~ 3 4 DRAFT The Alameda County Homeless and Special Needs Housing Plan ("Everyone Home Plan") 8:41 p.m. (7.3 430-50) Housing Specialist John Lucero provided the Staff Report and advised that the City Council would consider adopting the Alameda County Homeless and Special Needs Housing Plan ("Everyone Home Plan"). Elaine de Coligny, Director of Everyone Home, stated that 11 cities had adopted the Plan. It was aCounty-wide plan. They were satisfied in solving the issue of homelessness, rather than serving it. On motion of Cm. Hildenbrand, seconded by Vm. Sbranti and by unanimous vote (Cm. Scholz absent), the City Council adopted RESOLUTION NO. 178-08 APPROVING ADOPTION OF THE ALAMEDA COUNTY HOMELESS AND SPECIAL NEEDS HOUSING PLAN (THE "EVERYONE HOME PLAN") NEW BUSINESS Consideration of Exercising Option to Purchase Below Market Rate (BMR) Unit at 3245 Dublin Boulevard, #124, and Discussion of City Policy on Responding to Notices of Default Received on BMR Units 8:46 p.m. 8.1 (430-80) City Attorney John Bakker presented the Staff Report and advised that the City Council would consider exercising an Option to Purchase a Below Market Rate (BMR) unit in foreclosure and provide direction to Staff on the City Council's general preferences for responding to future BMR units in foreclosure. DUBLIN CITY COUNCIL MINUTES io VOLUME 27 ~~oF REGULAR MEETING i~"'~~s~i September 16, 2008 ~~ ' ~~~~ DRAFT Ir ~~ The City Council and Staff discussed the option of looking at dealing with similar situations on a case-by-case basis, and not pursuing acquiring this particular unit. They also requested Staff contact non-profit groups to gauge their interest in acquiring this or other units. On motion of Vm. Sbranti, seconded by Cm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the City Council directed Staff to not deliver a Notice of Exercise of the Option to Purchase 3245 Dublin Boulevard, # 124; and directed Staff to bring forward future Notices of Default involving Below Market Rate units, and the City Council would provided direction on a case-by-case basis. •~- 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) 9:09 p.m. (9.1) City Manager Pattillo stated the City's Dublin 101 classes had started this past Saturday. The rest of the classes would take place on Thursdays. Day on the Glen would take place this Saturday and Sunday at Emerald Glen Park, with a free concert in the evening by Pete Escovedo. Cm. Oravetz asked Staff to get more information regarding what Berkeley and Livermore were doing with the issue of solar power and partnering with residents. Cm. Hildenbrand attended the LAVTA meeting and the Walk and Roll Program kick-off at Dougherty Elementary to get kids walking or biking to school. She encouraged everyone to look for the results. She would be attending Day on the Glen. Vm. Sbranti stated he and Councilmember Scholz participated on the City's Audit Committee. The interviews had been held for architects for the swim center; they had excellent presentations. It would be brought back to the City Council. It would be a quality project. Mayor Lockhart asked Staff to provide Councilmembers a copy of an invitation to Public Officials for training by the Office of Homeland Security, taking place in San Leandro. DUBLIN CITY COUNCIL MINUTES i i VOLUME 27 G~~ oc ~8 REGULAR MEETING ,,, ~ ~~~ September 16, 2008 '`~~~~~ ~~ ~~ DRAFT r Y"~ ~~ ~ n ,~ ~. The Tri-Valley Adolescent Health Initiative Forum won two awards, the Helen Putnam and CCS Partnership Award for Initiatives. Justin Minor, one of the members of the Initiative, would travel to Long Beach with the Mayor to work an informational booth at the League of California Cities Annual Conference. She also reminded everyone about the Hope Hospice Lights of the Valley Illumination Ceremony on December 20, 2008. •~ ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 9:21 p.m. in memory of our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES i2 VOLUME 27 ``~yoF~, REGULAR MEETING G ,,, (~ ~~~ ' ~ ~ September 16, 2008 ~~ ~j j~ '1LI R~