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HomeMy WebLinkAbout*CC Agenda 03-17-2009REGULAR MEETING Tuesday, March 17, 2009,. 7:00 p.m. DUBLIN CIVIC CENTER, 100: Givic Plaza DUBLIN CI'CY COUNCIL 'AGENDA' • Agendas and Staff Reports(Agenda Statements) are posted on the City's Internet Website (www. ci. dublin. ca. us) NOTE.• Agendas posted on the Website are provided as a public service, and are not intended to serve as a part of, or a replacement for any part of the legally required posting of agendas or the public noticing of projects appearing before the City Council. • Agendas may be picked up at the City Clerk's Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650. • A complete packet of information containing Staff Reports(Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Council Meeting or, in the event that it is delivered to the Councilmembers less than 72 hours prior to a Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk's Office and also at the Dublin Library. CALL TO ORDER & CLOSED SESSION (6:00 p.mJ 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code section 54957) Title: City Manager 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG 2. REPORT OF CLOSED SESSION ACTION 3. ORAL COMMUNICATIONS 3.1 Recognition of Carl Zeiss Meditec for Outstanding Emergency Preparedness Efforts (610-50) The City Council will recognize Carl Zeiss Meditec for its emergency preparedness efforts and partnership with the City of Dublin in holding an emergency evacuation exercise on February 13, 2009. STAFF RECOMMENDATION: Recognize Carl Zeiss Meditec for. its emergency preparedness efforts. 3.2 Presentation of St. Patrick's Day Limerick by City Poet Laureate, Ronnie Holland (910-75) 3.3 Presentation of 2008 Award of Excellence from California Park and Recreation Society The City of Dublin's 25~' Anniversary St. Patrick's Day Festival was recognized with an Award of Excellence in the category of Recreation and Community Services, Neighborhood/Community Life. The award was presented at the Annual Conference of the California Park and Recreation Society on March 6, 2009. The award will be presented to the City Council. 3.4 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 f31 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 of Regular Meetings of January 20, 2009 and February 3, 2009 STAFF RECOMMENDATION: Approve minutes. March 17, 2009 Dublin City Council Agenda Page 1 of 5 4.2 Approval of Partial Release of Security Associated with Tract 6765, Schaefer Ranch - Phase 2 Improvements (Schaefer Ranch Holdings, LLC, a California Limited Liability Company) (600-60) Tract 6765 is a residential development on approximately 500 acres of land located at the westerly boundary of the City limits north of Interstate 580, south of the unincorporated area of Alameda County, and west of Brigadoon Way. The project consists of 406 single-family homes, open space, trail amenities, and a community park. Schaefer Ranch Holdings, LLC, is seeking City Council approval of the Partial Release of Security associated with Tract 6765, Schaefer Ranch -Phase 2 Improvements. STAFF RECOMMENDATION:. Adopt Resolution Approving Partial Release of Security Associated with Tract 6765, Schaefer Ranch -Phase 2 Improvements (Schaefer Ranch Holdings, LLC, a California Limited Liability Company). 4.3 Acceptance of Storm Drain Line Improvements for Dublin Ranch, Area B (600-60) As part of the infrastructure for Dublin Ranch, North Valley Construction, Inc., the contractor for the Lin Family, has completed the construction of storm drain line improvements in Dublin Ranch, Area B (Parcels 1 & 2, Parcel Map 8734), in accordance with plans approved by the City Engineer. The Lin Family has dedicated Storm Drain Easements to the City for these improvements, and it is now appropriate for the City to accept these improvements. STAFF RECOMMENDATION: Adopt Resolution Accepting Improvements for Storm Drain Line in Dublin Ranch, Area B. 4.4 Amendment to the Agreement with ABM Janitorial Services (formerly OneSource Building Service, Inc.) for Janitorial Services at the Shannon Community Center (600-30) The proposed Amendment would add the Shannon Community Center as a facility to the existing Agreement between ABM Janitorial Services (formerly OneSource Building Service, Inc.) and the City of Dublin for janitorial services. The total estimated annual cost of these services is $24,049.92. STAFF RECOMMENDATION: Adopt Resolution Approving Amendment to the Agreement with ABM Janitorial Services (formerly OneSource Building Services, Inc.) for Janitorial Services at the Shannon Center. 4.5 Warrant Register ($8,892,766.74) dated March 17, 2009 (300-40) STAFF RECOMMENDATION: Review and authorize the issuance of payments. 5. WRITTEN COMMUNICATIONS -None 6. PUBLIC HEARINGS 6.1 Appeal of Planning Commission's Denial of a Conditional Use Permit to Operate a Boarding House at 3608 Oakhurst Court (PA 08-023) (410-30) The City Council will consider an appeal of the Planning Commission's denial of a Conditional Use Permit to operate a Boarding House in which up to 16 people could live (12 boarders, 2 caretakers and 2 children related to the caretakers) at 3608 Oakhurst Court. STAFF RECOMMENDATION: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Appellant and the public; 4) Close the public hearing and deliberate; and 5) By motion: a) Reverse the Planning Commission's denial of a Conditional Use Permit to operate a Boarding House at 3608 Oakhurst Court and adopt the Findings of Fact set forth in Attachment 1; OR b) Reverse the Planning Commission's denial of a Conditional Use Permit, subject to certain conditions, to operate a Boarding House at 3608 Oakhurst Court and adopt the Findings of Fact set forth in Attachment 2; OR c) In the alternative, affirm the Planning Commission's denial of a Conditional Use Permit to operate a Boarding House at 3608 Oakhurst Court and adopt the Findings of Fact set forth in Attachment 3; OR d) Provide Staff with alternative direction. March 17, 2009 Dublin City Council Agenda Page 2 of 5 6.2 Springfield Montessori School -CEQA Addendum, Stage 2 Planned Development Rezone and Development Agreement to Construct a 16,002 Square Foot Building and Related Site Improvements (PA 08-038) (400-20/450-30/410-30/600-60) The Applicant, VSS Holdings, L.L.C., is requesting approval of a Planned Development Rezone with associated Stage 2 Development Plan, a Development Agreement, and an addendum to the Eastern Dublin Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA) to allow the construction of a 16,002 square- foot daycare building with playground and related improvements, and the operation of a daycare on the Site. STAFF RECOMMENDATION: Conduct public hearing, deliberate and adopt Resolution Approving a CEQA Addendum and a Statement of Overriding Considerations for a Stage 2 Planned Development Rezone and Site Development Review for the Springfield Montessori School Located at the Corner of Kohnen Way and Brannigan Street in Area F of Dublin Ranch (APN 985-0052-022 and 985-0052-023) PA 08-038; 6); waive reading and INTRODUCE Ordinance Approving a PD Planned Development Rezone with Stage 2 Development Plan for the Springfield Montessori School Located at the Corner of Kohnen Way and Brannigan Street in Area F of Dublin Ranch (APN 985-0052-022 and 985-0052-023) PA 08-038; and waive reading and INTRODUCE Ordinance Approving a Development Agreement between the City of Dublin and VSS Holdings, L.L.C. for the Springfield Montessori School Located at the Corner of Kohnen Way and Brannigan Street in Area F of Dublin Ranch (APN 985-0052-022 and 985- 0052-023) PA 08-038. 6.3 Adoption of an Urgency Ordinance Amending Chapter 5.64 of the Dublin Municipal Code Relating to Property Maintenance (530-20) The City Council will consider adoption of an Urgency Ordinance Amending Chapter 5.64 of the Dublin Municipal Code Relating to Property Maintenance. STAFF RECOMMENDATION: Conduct public hearing, deliberate and adopt Urgency Ordinance of the City of Dublin Amending Chapter 5.64 of the Dublin Municipal Code Relating to Property Maintenance. 7. UNFINISHED BUSINESS 7.1 Update on Pharmaceutical Collection Program with the Dublin San Ramon Services District (DSRSD) (1030-30) This item will provide the City Council with a progress report on activities related to the proposed Pharmaceutical Collection Program with the Dublin San Ramon Services District (DSRSD). STAFF RECOMMENDATION: Receive Staff presentation. 7.2 Final Revisions to the City of Dublin's Mission, Vision, and Values and 10-Year Strategic Plan (100-80) The City Council requested minor modifications to the proposed revisions to the Mission, Vision and Values, as well as the 10-Year Strategic Plan following the March 3, 2009 meeting. This item incorporates those requested changes. STAFF RECOMMENDATION: Approve final revisions to the City's Mission, Vision and Values, as well as the 10-Year Strategic Plan. 7.3 Potential Projects for the East Bay Regional Park District Measure WW Local Grant Program (600-40) The application period for the Measure WW Local Grant Program is February 1, 2009, through March 31, 2009. The City Council will consider potential projects for application during this funding cycle. STAFF RECOMMENDATION: Authorize Staff to submit Project Applications to the East Bay Regional Park District for Measure WW Local Grant Program for Fallon Sports Park Synthetic Turf ($1,123,610) and Dublin Sports Grounds Area 2 ($887,870). March 17, 2009 Dublin City Council Agenda Page 3 of 5 7.4 Determination of How the Fiscal Year 2007-2008 General Fund Surplus Should be Designated (310-30) The City of Dublin has compiled and published its Comprehensive Annual Financial Report (CAFR), for the fiscal year ending June 30, 2008. A follow-up to this is the allocation of additional contributions to General Fund Reserves. Staff has prepared a recommended designation for consideration by the City Council STAFF RECOMMENDATION: Determine how the 2007-2008 Year-End General Fund surplus should be designated and direct Staff to record the items in the City Financial records. 8. NEW BUSINESS 8.1 Future Use of the Emerald Glen Activity Center Buildings (215-20) The City Council will consider alternatives for the future use of the Emerald Glen Activity Center which comprises two modular buildings in Emerald Glen Park. Following closure of the Shannon Community Center in 2004, these buildings were installed to serve as interim facilities for classes and programs until the new Shannon Community Center was built. STAFF RECOMMENDATION: Receive report and direct Staff to discontinue leasing Building "B" after August 2009, or provide alternate direction. 8.2 Use of Shannon Community Center for Dublin Unified School District Events (210-20) The City Council will consider requests from the Dublin Unified School District to utilize the Shannon Community Center prior to June 1, 2009, which was the date established to begin community use of the facility. STAFF RECOMMENDATION: Authorize use of the Shannon Community Center for Dublin Unified School District sponsored events beginning in May 2009 provided that the events are in accordance with the rules, regulations and procedures established by the Shannon Community Center Facility Use Policy. 8.3 Update on Municipal Regional Permit for Stormwater and Adoption of Resolution Approving Submittal of Comment Letter to the San Francisco Bay Regional Water Quality Control Board The new proposed Municipal Regional Permit for Stormwater will be presented to the City Council, together with potential impacts to various aspects of the City's operations. STAFF RECOMMENDATION: Accept report, and adopt Resolution Approving a Letter to the San Francisco Bay Regional Water Quality Control Board Outlining Concerns with the. Proposed Municipal Regional Permit for Stormwater and Requesting Modifications to the Permit. 8.4 Fiscal Year (FY) 2008-09 Mid-Year Budget Review and December 2008 Monthly Report of Financial Activities (330-50) Staff has prepared a detailed Mid-Year Budget Review to identify any material deviations from the adopted Fiscal Year 2008-09 Budget. The primary focus. of the report is on the General Fund, which accounts for the majority of City operations. Staff has identified proposed adjustments to Revenues and Expenditures, which reflect significant revenue reductions particularly in taxes. Some of these declines have been offset reductions in expenditures. In order to balance General Fund spending, an allocation of one-time reserves is proposed to offset capital expenditures. This item also provides the report of the financial statements for the month of December 2008. STAFF RECOMMENDATION: Receive the reports, approve the Budget Changes, and approve the appropriation from the Economic Uncertainty Reserve to balance projected General Fund revenues and one-time capital expenditures. March 17, 2009 Dublin City Council Agenda Page 4 of 5 8.5 Fallon Sports Park Phase, Contract No. 09-02 -Award of Contract (600-35) Ten bids were received for the Fallon Sports Park Phase I project. The City Council will consider whether to award the bid to the apparent low bidder, Robert A. Bothman and whether to include any of the alternates. STAFF RECOMMENDATION: 1) Receive report and presentation related to available funding and impact on other projects based on projections that scheduled projects will exceed available Public Facility Fee funds; 2) Determine whether to proceed with the award of the project at this time or to defer the project. a) If the decision is to proceed with the bid award the City Council will need to determine the following: i) Determine whether any of the identified bid alternates will be included in the project; ii) Authorize Staff to loan funds if necessary from the General Fund to the Public Facility Fee Fund with interest; and iii) Adopt Resolution Awarding Contract No 09-02 Fallon Sports Park Phase One (Base Bid); or adopt Resolution Awarding Contract No. 09-02 Fallon Sports Park Phase One (Base Bid and Alternates); b) If the decision is to defer the project, adopt Resolution Rejecting All Bids for Contract No. 09-02 Fallon Sports Park Phase One and Deferring Project; 3) Provide Staff with direction on the proposal to delay additional work on the Emerald Glen Recreation and Aquatic Center. 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 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 3/12/2009 9:43:28 AM Mission The City of Dublin promotes and supports a high quality of life that ensures a safe and secure environment, fosters new opportunities and provides responsive fair treatment to our diverse community 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, with its distinctive place in the region, highlights culture, diversity and civic stewardship to create a broad mosaic. This mosaic is enriched by the integrating of cultures, races and economic diversity into villages and neighborhoods -forming a common network that welcomes both residents and businesses alike; supporting the efforts and achievements of all. March 17, 2009 Dublin City Council Agenda Page 5 of 5