HomeMy WebLinkAbout*06-21-2011 CC Agenda
ADJOURNED REGULAR MEETING
Tuesday, June 21, 2011
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
A G E N D A
(www.dublin.ca.gov)
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BUDGET HEARING ITEMS 5:30 P.M.
Regular Order of Business for City Council meeting will follow directly after Budget Hearing Items
I.Call to Order & Pledge of Allegiance to the Flag
II.Public Hearing: Adopting the Five Year Capital Improvement Program 2010-2015, Fiscal Year
2011-2012 Update (330-40)
The City Council will conduct a public hearing and consider approval of a resolution adopting the
Five Year Capital Improvement Program (CIP) which outlines public projects proposed for
completion from Fiscal Year 2011-2012 through Fiscal Year 2014-2015. The proposed 5-year CIP
includes forty-three projects totaling approximately $157.3 million (prior years and current
timeframe). Of this amount, approximately $13.9 million is anticipated to be expended during
Fiscal Year 2011-2012.
STAFF RECOMMENDATION: 1) Open the Public Hearing; 2) Receive Capital Improvement
Program (CIP) Overview; 3) Review the proposed CIP update by major project category (General
Improvements, Community Improvements, Parks, and Streets) and ask questions about the proposed
Resolution
activities; 4) Receive Public Comment; 5) Close the public hearing; and 6) Approve
Adopting the Five Year Capital Improvement Program 2010-2015 Fiscal Year 2011-2012 Update.
III.Public Hearing: Fiscal Year 2011-2012 Preliminary Budget and Financial Plan/10-Year
Strategic Plan (330-20) (600-30)
The City Council will conduct a public hearing and consider approval of a resolution adopting the
Fiscal Year 2011-2012 Preliminary Budget and Financial Plan and the 10-Year Strategic Plan and
other resolutions necessary for enactment of the Fiscal Year 2011-2012 Budget.
STAFF RECOMMENDATION: 1) Open the Public Hearing; 2) Receive Budget Overview; 3) Review
the Preliminary Budget by Major Program Area (General, Public Safety, Transportation, Health and
Welfare, Culture and Leisure Services, and Community Development) and ask questions about
proposed budget activities; 4) Receive Public Comment; 5) Close the public hearing; 6) Adopt the
Resolutions:
following a) Adopting a Budget for the City of Dublin for Fiscal Year 2011-2012; b)
Adopting an Appropriation for a City Contribution to Dublin Partners in Education for Fiscal Year
2011-2012; c) Amending the Benefit Plan; Amending Employer Paid Member Contributions; d)
Establishing a Salary Plan for Full-Time Personnel in Accordance with the Personnel Rules; e)
Establishing a Salary Plan for Management Positions Exempt from Competitive Services; and f)
Establishing a Salary Plan for Temporary Part-Time Personnel.
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June 21, 2011 Dublin City Council Agenda
CLOSED SESSION
1.CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Vice Mayor Hart and Councilmember Swalwell
Unrepresented Employee: City Attorney
2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
3.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Section 54956.9(c) of the Government Code: 1 case
REGULAR MEETING ITEMS
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Acceptance of Gifts to City from Bike to Work Day Contributing Sponsors (610-50)
This report details the contributions received from various local businesses and organizations
for the Bike to Work Day Energizer Station held on May 12, 2011 and for the National Bike
Month Raffle held at events surrounding the month of May.
STAFF RECOMMENDATION: Recognize the sponsors and formally accept the contributions.
3.2 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 (3) 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 and/or 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.
4.2Time Extension for the Traffic Impact Fee Deferral Program (470-50)
On September 1, 2009, the City Council adopted Resolution 127-09, approving a Traffic
Impact Fee Deferral Program as one of several economic incentives to encourage
development in the City. The program is set to expire on June 30, 2011. Staff is
recommending that the program time period be extended through Fiscal Years 2011-2012 and
2012-2013 and that the TIF Fee Payment date be changed to June 30, 2015 (two years
following the completion of the Program).
Resolution
STAFF RECOMMENDATION: Adopt Extending the Time Period for the Traffic
Impact Fee Deferral Program and Amending the Traffic Impact Fee Payment Date.
4.3Annual Contract Review: Crossing Guard (600-30)
The City Council will conduct an annual contract review of the City’s crossing guard
contractor, All City Management Services, Inc. A proposed amendment has been included
that will extend the contract until June 30, 2012, and increase the number of crossing guards
from 9 to 10 due to Dublin Unified School District’s expansion.
Resolution
STAFF RECOMMENDATION: Adopt Approving the Amendment to the
Agreement with All City Management Services, Inc. for the Provision of Crossing Guard
Services for the Fiscal Year 2011-2012.
4.4 Request for Waiver of Bid Requirement As Authorized by Municipal Code and
Authorization to Purchase Desk-top Computers from Dell, Inc. (380-20)
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June 21, 2011 Dublin City Council Agenda
Based on annual desk-top computer replacement cycles and additional workstations required
as part of the Fiscal Year 2011-2012 Budget, the purchase of 44 desk-top computers is
proposed. The Western State Contracting Alliance (WSCA) allows public agencies to
purchase using agreements established through a cooperative public bid process. This results
in savings to the City in expediting the purchasing process and providing items at a
competitive price. The Municipal Code requires the City Council to authorize purchases in
excess of $20,000 which use this type of arrangement.
Resolution
STAFF RECOMMENDATION: Adopt authorizing Staff to procure Desk-top
Computers from Dell, Inc.
4.5 Acceptance of Work – Contract No. 11-04, Street Light Pole Painting Contract (600-35)
On April 19, 2011, the City Council awarded Contract No. 11-04, Dublin Ranch Street Light
Pole Painting Contract (CIP No. 960023), to Color New Company. The project was for the
painting of decorative street light poles in the Dublin Ranch Street Lighting Assessment
District (99-1).
STAFF RECOMMENDATION: Accept the improvements under Contract No. 11-04, Dublin
Ranch Street Light Pole Painting Contract, and authorize the release of retention after 35 days.
4.6 Request to Rename Streets in Neighborhoods C3 and D1, Positano at Fallon Village
(820-60)
The City Council will consider a request to rename two streets within the Positano at Fallon
Village Development. The renaming includes: Haggerty Court to Atella Court in
Neighborhood C3, and Atella Drive to Haggerty Drive in Neighborhood D1.
STAFF RECOMMENDATION: Adopt Resolution approving the renaming of Haggerty Court
to Atella Court in Neighborhood C3, and from Atella Drive to Haggerty Drive in Neighborhood
D1, Positano at Fallon Village.
4.7 Solid Waste and Recycling Enclosure Standards Ordinance (810-20)
The Solid Waste and Recycling Enclosure Standards establish design criteria and size
requirements for new enclosures within the City. The intent of the standards is to ensure that
there is adequate space in newly constructed enclosures for solid waste and recycling,
including organics if applicable. The Solid Waste and Recycling Enclosure Standards apply
to: new development projects; remodeled commercial development projects that trigger a
planning entitlement and consist of grocery stores, restaurants, markets, daycare centers and
auto repair/use; and tenant improvements, where no planning entitlement is required, if the
use has the potential to pollute stormwater.
Ordinance
STAFF RECOMMENDATION: Waive the reading and adopt an adding a new
.
Chapter 7.98 Relating to Solid Waste and Recycling Enclosure Standards
4.8 Third Amendment to Agreement with ABM Industries, Inc. (formerly OneSource Building
Services, Inc.) for Janitorial Services (600-30)
The City entered into a five-year Agreement with OneSource Building Services, Inc. on June
19, 2007. Since the Agreement was approved, OneSource Building Services, Inc. has changed
ownership to ABM Industries, Inc. Due to budgetary constraints, the City has not approved
any cost increases for janitorial services since July 1, 2007. On May 16, 2011, the City
received a Termination of Contract letter from ABM claiming the need for cancellation due to
higher labor and related costs for janitorial services. In order to allow the City time to secure a
new janitorial services agreement without interrupting current service, a third amendment to
the Agreement is necessary to continue janitorial services through August 31, 2011 at a
negotiated monthly rate. The amendment also adds the Dublin Heritage Park and Museum to
the Agreement for janitorial services.
Resolution
STAFF RECOMMENDATION: Adopt Approving Third Amendment to Janitorial
Services Agreement between the City of Dublin and ABM Industries, Inc. (formerly OneSource
Building Services, Inc.).
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June 21, 2011 Dublin City Council Agenda
4.9 Acceptance of Improvements Associated with Tract 7457, Tralee Village (Pfeiffer Ranch
Investors, Inc.) and Approval of Regulatory Traffic Control Devices (600-60)
Pinn Bros Fine Homes, Inc., dba Pfeiffer Ranch Investors, Inc. has constructed the
improvements for Tract 7457, Tralee Village, in accordance with the Improvement
Agreement for Tract 7457. It is now appropriate for the City to accept these improvements
and approve the regulatory traffic control devices.
Resolution
STAFF RECOMMENDATION: Adopt Accepting Improvements for Tract 7457,
Tralee Village (Pfeiffer Ranch Investors, Inc.) and Approving Regulatory Traffic Control
Devices.
4.10 Approval of Agreement for the use of Fiscal Year 2011-2012 Community Development
Block Grant (CDBG) funds (600-30) (600-40)
The City Council will consider approving an Agreement between the City of Dublin and the
County of Alameda to receive Community Development Block Grant funds for Fiscal Year
2011-2012 and approving Community Development Block Grant-funded Agreements with:
Axis Community Health; Bay Area Community Services; Community Resources for
Independent Living (CRIL); Open Heart Kitchen; Senior Support of the Tri-Valley; Spectrum
Community Services, Inc.; and the Tri-Valley YMCA.
Resolution
STAFF RECOMMENDATION: Adopt Approving an Agreement between the City
of Dublin and the County of Alameda to receive Community Development Block Grant Funds
for Fiscal Year 2011-2012 and approving Community Development Block Grant-Funded
Agreements with Axis Community Health; Bay Area Community Services; Community
Resources for Independent Living (CRIL); Open Heart Kitchen; Senior Support of the Tri-
Valley; Spectrum Community Services, Inc.; and the Tri-Valley YMCA.
4.11 Approval of a Three-Year Agreement between the City of Dublin and the County of
Alameda for participation in the Alameda County Urban County CDBG/HOME Funds
Program for Fiscal Years 2012-2013, 2013-2014 and 2014-2015 (Three Years) (600-40)
Every three years, the City must decide whether to enter into an Agreement with the County
of Alameda for participation in the Alameda County Urban County CDBG/HOME Funds
Program to receive Community Development Block Grant (CDBG) Funds. Once the City
achieves a population of 50,000 residents, the City could then be invited by the Department of
Housing and Urban Development (HUD) to become an entitlement City and receive its own
allocation of CDBG and HOME funds. As of the 2010 Census, Dublin’s population is at
46,036. Although population projections anticipate that Dublin may reach a 50,000 in year
two of the Agreement, it takes 12-18 months to prepare the required HUD documents;
therefore, entering into a three-year Agreement with the County is a prudent decision at this
time.
Resolution
STAFF RECOMMENDATION: Adopt Approving a Three-Year Agreement
Between the City of Dublin and the County of Alameda for Participation in the Alameda County
Urban County CDBG/HOME Funds Program for Fiscal Years 2012-2013, 2013-2014 and 2014-
2015 (Three Years).
4.12 Agreement with East Bay Pool Service for Pool Maintenance Services (600-30)
The City has contracted with East Bay Pool Service (EBPS) since 1996 to provide pool
maintenance services at the Dublin Swim Center. The most recent three-year agreement was
approved by the City Council on November 18, 2008 and will expire June 30, 2011.
Throughout the term of the agreement, EBPS has provided responsive service. Additionally
EBPS has not increased their rates during the term of the Agreement and has offered the same
rates for Fiscal Year 2011-2012. Section 2.36.050(A)(8) of the Dublin Municipal Code
allows for exceptions to the typical competitive bidding process for maintenance and repair
services for City buildings and facilities. The term of the agreement would be three years.
STAFF RECOMMENDATION: Waive the competitive bidding process and adopt the
Resolution approving the agreement with East Bay Pool Service for Pool Maintenance Services.
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June 21, 2011 Dublin City Council Agenda
4.13 Adoption of an Appropriations Limit for Fiscal Year 2011-2012 (330-20)
Each year the City Council is required by State Law to adopt an Appropriations Limit (Limit)
in conjunction with the annual Budget process. The Fiscal Year 2011-2012 Appropriations
Limit is calculated by multiplying the adopted Limit for the prior year by a set of factors to
create a new limit. The Appropriations Limit for Fiscal Year 2011-2012 exceeds the
appropriations which are subject to the Limit, by a significant amount.
Resolution
STAFF RECOMMENDATION: Adopt Adopting an Appropriation Limit for Fiscal
Year 2011-2012 of $189,083,145.
4.14 Approval of Parcel Map 10049, Neighborhood “D,” Positano/Fallon Village (Braddock and
Logan (410-40)
Braddock and Logan Services, Inc., dba Dublin RE Investors, LLC, is filing Parcel Map
10049 (Neighborhood “D”) to create four bulk parcels for sale and future subdivision into
individual lots for the construction of homes.
Resolution
STAFF RECOMMENDATION: Adopt Approving Parcel Map 10049,
Neighborhood “D”, Positano/Fallon Village.
4.15 Establishment of Fund Balance Classifications in accordance with Governmental
Accounting Standards Board Statement (GASB) No. 54 (300-20)
Changes in accounting standards have been enacted by the Governmental Accounting
Standards Board (GASB). These changes impact the calculation and presentation of fund
balance, which is shown on the City financial statements and in the Comprehensive Annual
Financial Report (CAFR). GASB has established a required implementation date of June 30,
2011. The new rules require that the City Council establish the classifications and policies
prior to June 30, 2011.
Resolution
STAFF RECOMMENDATION: Adopt Adopting Principal Components of Fund
Balance in Accordance with GASB Statement 54, and direct Staff to implement the changes in
the financial records.
4.16 Check Issuance Reports and Electronic Funds Transfers (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5.WRITTEN COMMUNICATIONS None.
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6.PUBLIC HEARINGS
6.1 Public Hearing: Amendment of Dublin Municipal Code Chapter 5.56 (Smoking Pollution
Control) (530-50)
The City Council will consider amending the Smoking Pollution Control Ordinance to
increase the requirement on the percentage of apartment residences that must be designated as
non-smoking units from 50% to 75%, which would be accomplished on or before January 1,
2013.
STAFF RECOMMENDATION: 1) Receive Staff presentation; 2) Open public hearing; 3)
Receive public testimony; 4) Close public hearing and deliberate; and 5) Waive the reading and
INTRODUCE the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to
Smoking Pollution Control.
6.2 Public Hearing: Citywide Street Lighting Maintenance Assessment District No. 1983-1;
Landscaping and Lighting Maintenance Assessment District No. 1983-2 (Tract 4719);
Landscaping and Lighting Maintenance Assessment District No. 1986-1 (Villages at Willow
Creek); Landscaping and Lighting Maintenance Assessment District No. 1997-1 (Santa
Rita Area); Street Lighting Maintenance Assessment District No. 1999-1 (Dublin Ranch
and Tract 7067) (360-20)
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June 21, 2011 Dublin City Council Agenda
The City Council will consider approving the Engineer’s Reports and the levy of special
assessments in each of the five maintenance districts for the 2011-2012 Fiscal Year. A public
hearing is required. Maintenance Assessment Districts allow for the collection of special
assessments on the property tax bill. These assessments can only be used to pay for the
identified activities benefiting the properties assessed. The amount of the assessment will
vary based on several factors including: the cost projected to maintain the improvements,
approved annual adjustment factors; existing balances collected in prior years; and the
number and type of properties.
STAFF RECOMMENDATION: Conduct Public Hearings for each of the five Assessment
Resolutions
Districts; deliberate; take the following actions: Adopt approving Engineer’s
Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for: Citywide
Street Lighting Maintenance Assessment District No. 1983-1; Landscaping and Lighting
Maintenance Assessment District No. 1983-2 (Tract 4719); Landscaping and Lighting
Maintenance Assessment District No. 1986-1 (Villages at Willow Creek); Landscaping and
Lighting Maintenance Assessment District No. 1997-1 (Santa Rita Area); and Street Lighting
Maintenance Assessment District No. 1999-1 (Dublin Ranch and Tract 7067).
7.UNFINISHED BUSINESS
7.1 Sustainable Neighborhood Design Strategy Update (400-10)
The City of Dublin has taken an active role in promoting environmental sustainability with
initiatives such as the Community Design and Sustainability Element of the General Plan, the
Green Building Ordinance, and the City’s recent adoption of a Climate Action Plan. In recent
months, Staff has presented the City Council with various options for implementing a
“Sustainable Neighborhood Design Strategy,” which would promote sustainable site design
and planning for the street, land use, and open space patterns for neighborhoods in Dublin.
Staff solicited input from the development community on the Draft Strategy, and is reporting
back to the City Council on the content of the discussions and the proposed path forward.
STAFF RECOMMENDATION: 1) Receive the update regarding the Draft Sustainable
Neighborhood Design Strategy and Staff’s report on the input received from the development
community; 2) Confirm Staff’s recommendations on the next steps to prepare the proposed
General Plan Amendment for adoption; or 3) Provide other direction.
7.2Replacement of City Directional Signage Location for East Dublin Auto Dealers (400-30)
The City Council has approved six locations for city directional signs to direct visitors to the
auto dealers located in east Dublin. Staff is recommending that the City Council approve the
replacement of the existing direction sign at the terminus of Scarlett Drive to assist in the
City’s wayfinding efforts.
STAFF RECOMMENDATION: Approve the replacement of the existing direction sign for
automotive dealers at the terminus of Scarlett Drive.
8.NEW BUSINESS
8.1 Brannigan Street General Plan and Eastern Dublin Specific Plan Amendment Study
initiation request (410-40)
The City Council will consider a request to initiate a General Plan and Eastern Dublin
Specific Plan Amendment Study to evaluate a proposal to change the General Plan and
Eastern Dublin Specific Plan land use designation of a 3.07 acre parcel (“Study Area”) from
Public/Semi-Public (P/SP) to Medium Density Residential (MDR). The proposed land use
amendment would allow a residential density of 6.0 to 14.1 dwelling units per acre. The
Study Area is located on the west side of Brannigan Street, north of Gleason Drive.
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June 21, 2011 Dublin City Council Agenda
STAFF RECOMMENDATION: 1) Receive Staff presentation; 2) Deliberate; and 3) Adopt
Resolution
Approving the Initiation of a General Plan and Eastern Dublin Specific Plan
Amendment Study to evaluate a proposal to change the land use designation of a parcel on
Brannigan Street from Public/Semi-Public to Medium Density Residential (APN 985-0052-021);
Resolution
or 4) Adopt Denying the Initiation of a General Plan and Eastern Dublin Specific
Plan Amendment Study to evaluate a proposal to change the land use designation of a parcel on
Brannigan Street from Public/Semi-Public to Medium Density Residential (APN 985-0052-021).
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),
and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or
accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting.
Agenda Printed 6/7/20166/16/2011
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.
1662470.1
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June 21, 2011 Dublin City Council Agenda