HomeMy WebLinkAbout*02-02-2010 CC AgendaREGULAR MEETING
Tuesday, February 2, 2010
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
'~AGENDA'~
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CALL TO ORDER & CLOSED SESSION 6:30 P.M.
I. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case
Facts and circumstances: Letter from Robert A. Bothman, Inc. on the Fallon Sports Park Phase 1
Project, dated November 20, 2009.
II. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
Government Code Section 54956.9, subdivision (a)
Name of Case: City of Dublin v. PKII Dublin Retail Center L.P. et al, Alameda County Superior Court,
Case No. RG08390521
REGULAR MEETING 7: 00 P.M.
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Public Comments
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name
for the record. COMMENTS SHOULD NOT EXCEED THREE (31 MINUTES. In accordance with State Law, no action or discussion may take
place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request
Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk's Office related to the
proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss andlor take
action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members
of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the
Mayor to remove the item.
4.1 Minutes -None.
4.2 Acceptance of Improvements Associated with Tract 7539, Silvera Ranch Phase 2 (Pfeiffer
Ranch Investors II, Inc.) (600-60)
Pfeiffer Ranch Investors II, Inc. (dba Pinn Brothers Fine Homes, Inc.) entered into an
improvement agreement with the City on September 20, 2005 for the completion of street
improvements within Tract 7539, Silvera Ranch Phase 2. The street improvements are now
complete and it is appropriate for the City to accept the improvements and release the bonds
that guaranteed the work.
February 2, 2010 Dublin City Council Agenda Page 1 of 4
STAFF RECOMMENDATION: Adopt Resolution regarding Acceptance of Improvements
Associated with Tract 7539, Silvera Ranch Phase 2 (Pfeiffer Ranch Investors II, Inc.) and
Approving Regulatory Traffic Control Devices.
4.3 Amendment to Agreement with MCE Corporation -Extension of Agreement (600-30)
The City Council will consider atwo-year extension to the current agreement with the MCE
Corporation for citywide maintenance services.
STAFF RECOMMENDATION: Adopt Resolution Approving Amendment to Agreement with
MCE Corporation for Public Works Maintenance Services.
4.4 Monthly Financial Reports for July 2009 through November 2009 (330-50)
The City Council will be presented with information related to the monthly revenue and
expenditures for the months of July 2009, August 2009, September 2009, October 2009 and
November 2009. The reports provide a comparison to the previous Fiscal Year data and
major trends and variances are analyzed. Due to the implementation of a new financial
software system the preparation of the monthly reports was delayed and multiple months are
covered by this report. The focus of the analysis is on November 2009, which is the most
recent data.
STAFF RECOMMENDATION: Receive the reports as authorized by Section 41004 of the
California Government Code.
4.5 Zoning Ordinance Amendments -Amendments to the Dublin Municipal Code related to
Large Family Day Care Homes including Modifications to Chapter 8.12 (Zoning Districts
and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading), and Chapter 8.116
(Zoning Clearance) and the Creation of Chapter 8.66 (Large Family Day Care Homes). At
the Request of the Planning Commission, a Modification to Chapter 8.70 (Indoor
Recreational Facilities) is Also Proposed (450-20)
The City Council will hold a second reading of City-initiated amendments to Title 8 of the
Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes and
Recreational Facilities (Indoor). The proposed amendments to Large Family Day Care
Homes would modify the permit and parking requirements in order to streamline the
application process. The amendments include modifications to Chapter 8.12 (Zoning Districts
and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading) and Chapter 8.116
(Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). The
proposed amendments to Recreational Facilities (Indoor) are at the request of the Planning
Commission and include a minor modification to Chapter 8.70 as it relates to Indoor
Recreational Facilities within Planned Development Zoning Districts.
STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Amending
Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street
Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the Creation of Chapter 8.66
(Large Family Day Care Homes), ZOA 09-003; and waive the reading and adopt the Ordinance
Amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) relating to Planned
Development Zoning Districts, ZOA 09-002.
4.6 City Treasurer's Investment Report for 2"d Quarter 2009-2010 (320-30)
The City's investment portfolio totals $94,243,204 (par value). As of December 31, 2009,
funds were invested at an average yield of 2.546%. The portfolio includes both discretionary
and restricted funds and the balance will fluctuate throughout the year. Staff will provide a
background report on the City investment portfolio as well as the investment results as of
December 31, 2009.
STAFF RECOMMENDATION: Receive the Quarterly Investment Report.
4.7 Check Issuance Reports and Electronic Funds Transfers (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS -None.
February 2, 2010 Dublin City Council Agenda Page 2 of 4
6. PUBLIC HEARINGS -None.
7. UNFINISHED BUSINESS
7.1 Green Initiatives Task Force Appointments (530-10)
The City Council will consider appointments to the Green Initiatives Task Force to study the
establishment of green or environmental initiatives for the City to consider for future
implementation. Green initiatives are defined as those activities that provide positive
environmental benefits to the community by reducing waste, decreasing emissions, or
conserving resources and are feasible, effective and affordable.
STAFF RECOMMENDATION: Approve the Mayor's appointments to the Green Initiatives
Task Force.
8. NEW BUSINESS
8.1 St. Patrick's Day Parade (950-40)
The Annual Dublin Lions Club St. Patrick's Day Parade will be held on Saturday, March 13,
2010. Each year, the Dublin City Council participates in the parade. Last year, Staff
coordinated a float entry for the City Council. In past years, the City Council parade entry has
included such activities as decorated golf carts and riding in Alameda County's Antique Fire
Truck with the Alameda County Fire Chief as the driver of the vehicle. The City Council will
consider alternatives for participating in the 2010 St. Patrick's Day parade.
STAFF RECOMMENDATION: Consider alternatives for the 2010 City Council St. Patrick's
Day parade entry and provide direction to Staff.
8.2 Community Survey Results and Recommendation to Start Phase 2 of the Project Scope,
Including Additional Community Outreach and Education (600-30)
The City Council has established a High Priority objective to "effectively communicate and
solicit input from the community regarding City services and activities." In October 2009, the
City Council authorized a Community Survey to better understand citizen concerns, issues
and perceptions. The City Council will be presented with the results of this Community
Survey, as well as a recommendation from Staff to continue the community engagement and
outreach work
STAFF RECOMMENDATION: Receive the Community Survey Results from the Consultant
Team; authorize proceeding with Phase 2 of the Project, including the Additional Community
Outreach and Education; and approve the Budget Change.
8.3 Comprehensive Annual Financial Report (CAFR) and Annual Audit for The Fiscal Year
Ending June 30, 2009 and Extension of Agreement with Caporicci and Larson (310-30)
The City of Dublin has compiled and published its Comprehensive Annual Financial Report
(CAFR), for the fiscal year ending June 30, 2009. This report includes financial statements
prepared by City Staff along with the audit prepared by Caporicci and Larson (C&L), the
independent auditors selected by the City Council. The CAFR is a report which encompasses
information beyond the minimum requirements. The Auditors have provided a "clean
opinion" based on their review. The report has also been reviewed by the City Council ad-
hoc Audit Subcommittee comprised of Councilmember Biddle and Councilmember Hart.
STAFF RECOMMENDATION: Receive the reports and confirm the establishment of the fund
balances as stated for the year ending June 30, 2009; and authorize the City Manager to execute
an extended Agreement with Caporicci and Larson in an amount not to exceed $40,000.
8.4 Community and CDBG Grants Committee Recommendations for the Use of CDBG Funds
for Fiscal Year 2010-2011 (480-30)
To accomplish the Fiscal Year 2009-2010 City Council High Priority goal of "developing a
procedure to combine the Community Development Block Grant (CDBG) and the
Community Support Grant process", the grant application process was changed this year. The
grant application process included the requirement for agency presentations before the
Community and CDBG Grants Committee.
February 2, 2010 Dublin City Council Agenda Page 3 of 4
STAFF RECOMMENDATION: Receive Staff presentation; approve the Community and
CDBG Grants Committee's recommendation to fund the following agencies; direct Staff to
submit applications to the Alameda County Department of Housing and Community
Development (HCD) for $81,509 in CDBG funding for Fiscal Year 2010-2011: Axis
Community Health $4,844, Bay Area Community Services $6,557, Open Heart Kitchen
$10,000, Senior Support Program of the Tri-Valley $11,594, Spectrum Community Services -
Meals on Wheels $6,469, Tri-Valley Haven Domestic Violence/Homeless Shelter $15,000,
Housing Rehabilitation (required by the County) $15,018, Annual Contribution toward
Sojourner House $5,427, Program Administration $6,600, for a total of $ 81,509; and should
there be a decrease or an increase in CDBG allocations, Staff recommends that the percentage of
the decrease or increase be distributed evenly across all of the programs that do not have
mandatory set contributions up to the maximum funding request by each agency. Should the
increase exceed the maximum funding requests, Staff recommends placing any remaining funds
into the Housing Rehabilitation Program which is run by the County of Alameda Department of
Housing and Community Development and offers Dublin residents paint grants, accessibility
grants for grab bars and handicap ramps and major rehabilitation loans to homes that need new
roofs, kitchen and bathroom upgrades, energy conservation upgrades and normal maintenance
for older homes.
8.5 FY 2011 Appropriations Request for the Bay Area Biosolids to Energy Coalition (1000-70)
The San Francisco Bay Area Biosolids to Energy Coalition is requesting $2 million in federal
assistance to support the development of an innovative and sustainable energy production
project. This Coalition is comprised of 16 small, medium and large public wastewater
treatment agencies, one of which is the Dublin San Ramon Services District (DSRSD). The
Coalition is requesting funding from the Department of Energy to support the development of
this innovative energy production project which has the potential to convert Biosolids and
other biofuels into clean and affordable energy.
STAFF RECOMMENDATION: Support the Fiscal Year 2011 Appropriations Request for the
Bay Area Biosolids to Energy Coalition and sign the letters of support to Senator Boxer and
Senator Feinstein.
9. OTHER BUSINESS
9.1 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).
10. ADJOURNMENT - In memory of Staff Sgt. Sean Diamond and our fallen troops.
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats
to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132),
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Mission
The City of Dublin promotes and supports a high quality of life which ensures a safe and secure environment that fosters new
opportunities.
Vision
Dublin is a vibrant city committed to its citizens, natural resources, and cultural heritage. As Dublin grows, it will balance history
with progress, to sustain an enlightened, economically balanced and diverse community.
Dublin is unified in its belief that an engaged and educated community encourages innovation in all aspects of City life, including
programs to strengthen our economic vitality, and support environmental stewardship and sustainability through the preservation
of our natural surroundings. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class
recreational opportunities, facilities and programs.
February 2, 2010 Dublin City Council Agenda Page 4 of 4