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HomeMy WebLinkAbout*CC Agenda 06-22-2010 Bgt/Adj RegADJOURNED REGULAR MEETING Tuesday, June 22, 2010 DUBLIN CNIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL AGENDA • Agendas and StaffReports 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. 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. Adoption of Fina12010-2011 Goals and Objectives Program (100-80) The City Council will rank and approve proposed additional Fiscal Year 2010-2011 Objectives, and adopt the Fiscal Year 2010-2011 Goals and Objectives program including carry-over objectives from Fiscal Year 2009-2010, Strategies, and 10-Year Strategic Plan. STAFF RECOMMENDATION: 1) Rank and approve proposed additional Objectives for Fiscal Year 2010-2011; 2) Approve revised Fiscal Year 2010-2011 Objectives, including carry-over objectives from Fiscal Year 2009-2010 and Strategies; and 3) Adopt the Fiscal Year 2010-2011 Goals and Objectives program, Strategies and 10-Year Strategic Plan, as amended. III. Adoption of an Appropriations Limit Fiscal Year 2010-2011 (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 2010-2011 Appropriations Limit is calculated by multiplying the adopted Limit for the prior year by a set of factors to create a new limit. Because certain factors used in the calculation are negative, the Appropriations Limit for Fiscal Year 2010-2011 will be lower than the previous, however, appropriations subject to the Limit will be significantly below the maximum. STAFF RECOMMENDATION: Adopt Resolution Adopting an Appropriations Limit for Fiscal Year 2010-20ll of $180,508,969. IV. Public Hearing: Adoption of 2010 - 2015 Five Year Capital Improvement Plan (330-40) The City Council will consider the adoption of a Five - Year Capital Improvement Program (CIP) which outlines public projects proposed for completion for Fiscal Years 2010-2011 through Fiscal Year 2014-2015. The Five-Year Capital Improvement Program (CIP) includes forty-eight (48) projects costing a total of approximately $187.4 million. Of this amount, approximately $130.5 million will have been spent in prior years leaving a total of $56.9 million allocated during the five year CIP time frame. STAFF RECOMMENDATION: 1) Open the Public Hearing; 2) Receive the Staff Presentation on the Five Year Capital Improvement Program; 3) Review the Proposed CIP Update by major project category (General Improvements; Community Improvements; Parks; and Streets), and ask any questions regarding the proposed projects; 4) Receive public comments; 5) Identify any modifications that the City Council desires to make to the Five Year CIP; and 6) Take the following actions: a) Adopt Resolution Adopting the Fiscal Year 2010 - 2015 Five Year Capital Improvement Program; and b) Authorize the Budget Change for the Dublin Boulevard Corridor Project. June 22, 2010 Dublin City Council Agenda Page 1 of 8 V. Public Hearing: Fiscal Year 2010-2011 Preliminary Budget and Financial Plan (330-20) The City Council will conduct a public hearing and consider approval of a resolution adopting the Fiscal Year 2010-2011 Preliminary Budget and Financial Plan. 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; and 6) Approve the Resolution adopting a Fiscal Year 2010-2011 Budget and Financial Plan. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: A portion of 6700 Dougherty Road (Assessor's Parcel Number 941-0007-001-07) Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Eden Housing, Inc. Under negotiation: Price and terms of payment REGULAR MEETING ITEMS 2. REPORT OF CLOSED SESSION ACTION 3. ORAL COMMUNICATIONS 3.1 No Texting While Driving Resolution (585-10) The City Council will consider adopting a"No Texting While Driving" Resolution to promote safe driving in the State of California. STAFF RECOMMENDATION: Adopt Resolution regarding No Texting While Driving. 3.2 Appointments To Alameda County Transportation Commission (ACTC) (110-30) The City Council will consider the appointment of the City's member and delegate to serve on the newly-formed Alameda County Transportation Commission (ACTC). STAFF RECOMMENDATION: Consider Mayor Sbranti's proposed appointments to the Alameda County Transportation Commission and direct Staff to notify the ACTC of the City Council's selection. 3.3 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 antl/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 approvai by the City Council with one single action. Members of the audience, Staff or the City Council who woultl 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 Meeting of May 4, 2010 and May 18, 2010, Adjourned Regular Meeting of January 23, 2010, and Special Meeting of April, 27, 2010 STAFF RECOMMENDATION: Approve minutes. 4.2 Notice of Review of Conflict of Interest Code (640-40) The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amendment. The City Council is the code reviewing body for City agencies, and the City Council must notify itself that the City will review and make a determination by October 1, 2010, if there is a need to amend the Conflict of Interest Code. STAFF RECOMMENDATION: Direct Staff to review the City's Conflict of Interest Code and, if amendments are necessary, submit proposed amendments to the Code for City Council approval or, if amendments are not necessary, to so inform the City Council. June 22, 2010 Dublin City Council Agenda Page 2 Of 8 4.3 Dublin Sports Grounds Phase IV - Change Order #1 (600-35) Staff is seeking City Council authorization to approve Change Order #1 for Dublin Sports Grounds - Phase IV. The Change Order will expand the turf renovation area by approximately one acre immediately west of the base bid scope of work. STAFF RECOMMENDATION: Approve Change Order #1 for Dublin Sports Grounds Phase IV. 4.4 Amendments to Existing Consulting Services Agreements (600-30) The City of Dublin has contracted with various consulting firms to provide on-call assistance to the Public Works Department in the areas of Construction Inspection, Traffic Engineering, Geotechnical (Soils) Engineering, and General Engineering. It is proposed to extend the term of the Agreement for Construction Inspection by one additional year, and to extend the terms of the Agreements for Traffic, Geotechnical and General Engineering by two additional years. No rate adjustments are associated with these Amendments for Fiscal Year 2010-2011. STAFF RECOMMENDATION: Adopt Resolution Approving Amendments to Agreements for Engineering Services with Associated Engineering Consultants, Inc., Fehr & Peers, Kleinfelder West, Inc., Permco Engineering & Management, and Zumwalt Engineering Group to extend the terms with each of these firms for an additional two years. 4.5 Request for Waiver of Bid Requirement as Authorized by Municipal Code and Authorization to Purchase Desk-top Computers from Dell, Inc. (380-10) Based on annual replacement cycles, in Fiscal Year 2010-2011, 35 desk-top computers are proposed for replacement. 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. STAFF RECOMMENDATION: Adopt Resolution Authorizing Staff to Procure Desk-top Computers from Dell, Inc. 4.6 Street Banners for Tri-Valley Bus Rapid Transit Service (1060-20) The Livermore Amador Valley Transit Authority (LAVTA) is requesting City Council approval to hang banners on nine street light poles along Dublin Boulevard from July through November 2010 to promote the new Tri-Valley Bus Rapid Transit (BRT) Service. STAFF RECOMMENDATION: Approve the hanging of the Bus Rapid Transit banners from July through November 2010. 4.7 Approval of Vacation of Fallon Road Right-of-Way at the Fallon Road/ Positano Parkway Intersection (820-90) The street improvements and right-of-way dedications at the Fallon Road/Positano Parkway intersection have been completed. Two small areas located at the northeast and southeast corners of the intersection are not needed for street right-of-way purposes. The Conditions of Approval for Vesting Tentative Map 7586 require that the developer transfer these areas to the Fallon Village Homeowner's Association (HOA) and/or the Fallon Village Geologic Hazard Abatement District (GHAD) for landscaping and/ar water quality purposes. The vacation or abandonment of this right-of-way would allow the developer to satisfy this Condition of Approval. Pursuant to Section 8330 of the Streets and Highways Code, the City may adopt a resolution vacating these two areas as street right-of-way. STAFF RECOMMENDATION: Adopt Resolution regarding Vacation of Fallon Road Right- of-Way at the Fallon Road/ Positano Parkway Intersection. June 22, 2010 Dublin City Councii Agenda Page 3 Of 8 4.8 Jordan Ranch Planned Development Rezone with a Stage 2 Development Plan and Development Agreement, PA 09-O1 l(450-30/600-60) The Applicant is requesting approval of the Project known as "Jordan Ranch" located within the Fallon Village Project area. The current application includes a Planned Development Rezone with a Stage 2 Development Plan for the 189+ acre Jordan Ranch area and a Development Agreement. The proposed Jordan Ranch Project includes the development of up to 780 residential units and a mixed-use component within six neighborhoods. STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Approving a Planned Development Rezone with a Stage 2 Development Plan for the Jordan Ranch Project (PA 09-011); and waive the reading and adopt an Ordinance Approving the Development Agreement for Jordan Ranch between the City of Dublin and BJP ROF Jordan Ranch LLC (Mission Valley Properties) (PA 09-011). 4.9 Nature Education Facilities Program Project Application (295-20) On July 1, 2010, applications are due to the State of California for those agencies seeking funding through the State of California - Nature Education Facilities Program. The City proposes to use the funds to construct the Freshwater Corner component of the Dublin Heritage Park and Museums Master Plan. As part of the application process a City Council resolution is required approving the application submission. STAFF RECOMMENDATION: Adopt Resolution Approving the Application for Nature Education Facility Program Funds (Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006). 4.10 Acceptance of Improvements for Traffic Signals at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street (600-60) The Lin Family and the Sierra Land Development Corporation have constructed the traffic signal improvements at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street in accordance with the Improvement Agreement for Traffic Signals at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street. It is now appropriate for the City to accept these improvements. STAFF RECOMMENDATION: Adopt Resolution regarding Acceptance of Improvements far Traffic Signals at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street. 4.11 Acceptance of Improvements for Traffic Signals at Central Parkway and Fallon Road (600-60) The Lin Family and the Sierra Land Development Corporation have constructed the traffic signal improvements at Central Parkway and Fallon Road in accordance with the Improvement Agreement for Central Parkway - Lockhart Street to Fallon Road and Fallon Road - Central Parkway to Bent Tree Drive. It is now appropriate for the City to accept these improvements. STAFF RECOMMENDATION: Adopt Resolution regarding Acceptance of Improvements for Traffic Signal at Central Parkway and Fallon Road. 4.12 Authorizing Appropriations to Reserves Any Revenues in Excess of Expenditures for the Purpose of Future Expenditures Under the State Appropriations Limit (330-20) This action requests authorization to "appropriate" all revenues received in the current Fiscal Year 2009-2010 that are in excess of expenditures. The actual amounts involved will be determined following the close of the financial records and audit. This action applies to all funds and establishes that the "appropriation" is made in the current year for the purposes of application towards the Appropriations Limit. When expenditures are made from these reserves in the future those appropriations are excluded from the Appropriations Limit. STAFF RECOMMENDATION: Authorize as Appropriations to Reserves any revenues in excess of budgeted expenditures as of June 30, 2010. June 22, 2010 Dublin City Council Agenda Page 4 of 8 4.13 Acceptance of Work - Contract No. 10-O1, Fiscal Year 2009-2010 Annual Sidewalk Safety Repair Program (600-35) On March 16, 2010, the City Council awarded Contract No. 10-01, Fiscal Year 2009-2010 Annual Sidewalk Safety Repair Program to R. P Engineering Contractors, Inc. This year's Annual Sidewalk Safety Repair Program (CIP No. 949101) removed and replaced 4,902 SF (Square Feet) of sidewalk with offsets of 3/4-inch or more that posed a tripping hazard (approximately 225 sidewalk locations). STAFF RECOMMENDATION: Authorize the City Manager to execute the Contract Change Order and accept the improvements under Contract No. 10-O1, Fiscal Year 2009-2010 Annual Sidewalk Safety Repair Program, and authorize the release of retention after 35 days if there are no subcontractor claims. 4.14 Annual Contract Review: Crossing Guard Services (600-30) The City Council will conduct an annual contract review of the City's crossing guard contractor All City Management Services, Inc. STAFF RECOMMENDATION: Adopt Resolution Approving an Amendment to the Agreement with All City Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year 2010-2011 and Authorizing the City Manager to Execute the Amendment. 4.15 Request from Eden Housing for Additional Funding for the Affordable Family and Senior Housing Rental Housing Components of the Arroyo Vista Redevelopment Project (600-30) The City Council will review and take action on proposed loan terms for additional financing for the redevelopment of the Arroyo Vista Project including the Affordable Family Rental and Senior Housing Components. STAFF RECOMMENDATION: Authorize the City Manager to execute on behalf of the City documents providing financing for the Arroyo Vista Redevelopment Project, provided that the terms and conditions are materially consistent with the terms in this Staff Report and subject to review of all legal forms by the City Attorney. It is further recommended that the City Council approve the Budget Change providing an appropriation of funds and authorize the release of funds based on the final loan documents and grant funding agreement. 4.16 Check Issuance Reports and Electronic Funds Transfers (300-40) STAFF RECOMMENDATION: Review and authorize the issuance of payments. 5. WRITTEN COMMUNICATIONS - None. 6. PUBLIC HEARINGS 61 Approval of Engineer's Reports and Annual Levies for Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067) (360-20) The City Council will consider approving the Engineer's Reports and the levy of assessments in each of the two street lighting maintenance districts and the three landscaping maintenance districts for the 2010-2011 Fiscal Year. A public hearing will be opened and closed for each of the five Assessment Districts. Maintenance Assessment Districts are a means to levy special assessments collected on the property tax bill, which can only be used to pay for the identified activities benefiting the properties assessed. The assessments levied depend upon 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. June 22, 2010 Dublin City Council Agenda Page 5 of 8 STAFF RECOMMENDATION: Conduct public hearings for each of the five Assessment Districts; deliberate; take the following actions: Adopt Resolutions Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for: Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067). 6.2 Temporary Amendment to the Sign Regulations (Chapter 8.84) and Permit Procedures (Chapter 8.96) of the Dublin Zoning Ordinance (400-30/450-20) The City Council will consider the extension of temporary modifications to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, of the Dublin Zoning Ordinance which contribute to the City's program to provide an economic stimulus to business owners in the current economic climate. The modifications would be in effect for a period of one year, until August 20, 2011. The City Council will also provide Staff with direction regarding permanent modifications to the Temporary Promotional Banner regulations. STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive the reading and INTRODUCE Ordinance Amending the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for a One-Year Period, PLPA 2010- 00021; and direct Staff to prepare permanent modifications related to Temporary Promotional Banner regulations of the Zoning Ordinance. 6.3 Public Hearing: Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided By Amador Valley Industries and Establishing the 2010-2011 Annual Assessment (600-30) The agreement for solid waste services between the City and Amador Valley Industries (AVI) requires the City to adopt a rate schedule, which is estimated to produce a specified revenue amount as identified in the Agreement. The City has also adopted an Ordinance, which requires all parcels in the City to subscribe to weekly minimum garbage service. For residential properties that are serviced with individual containers, the City collects the annual cost of minimum service with the property tax bill. The City Council will consider adopting two separate resolutions establishing the garbage rates effective July 1, 2010 and establishing the Fiscal Year 2010-2011 refuse related property tax assessment. STAFF RECOMMENDATION: Conduct public hearing, deliberate, adopt Resolution Amending the Schedule of Service Rates for Integrated Solid Waste Services; adopt Resolution Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2010-2011; and adopt the Budget Change. 7. UNFINISHED BUSINESS 7.1 Green Initiatives Task Force Recommendations (530-10) The City Council will review the recommendations from the Green Initiatives Task Force, which highlight environmental activities that the City could consider undertaking over the next few years. STAFF RECOMMENDATION: 1) Provide feedback on the initiatives developed by the Green Initiatives Task Force; 2) confirm the green initiatives list; 3) direct staff to create a green initiatives strategic plan; and 4) direct Staff to include one additional initiative part of the Fiscal Year 2010-2011 Goals & Objectives Program. June 22, 2010 Dublin City Council Agenda Page 6 of 8 7.2 Adoption of Resolution Rescinding Prior Tri-Valley Transportation Development Fee Proposed Increases (Resolutions 167-08 and 187-08) (590-80) In 2008, the Tri-Valley Transportation Council (TVTC) completed a Fee Nexus Study Update and developed new Tri-Valley Transportation Development Fee amounts for member agency consideration. The Dublin City Council adopted two resolutions in 2008 approving the proposed new fees increases, which would have gone into effect on July l, 2010, across all land use categories. Because any change to the fees requires unanimous approval and because one of the member agencies did not approve the new fee structure, the proposed fee increase was never formally adopted by TVTC. As such, the City of Dublin adopted resolutions need to be rescinded at this time. STAFF RECOMMENDATION: Adopt Resolution Rescinding Resolution Nos. 167-08 and 187-08 relating to the Tri-Valley Transportation Development (TVTD) Fee. 8. NEW BUSINESS 8.1 Request to initiate a Planned Development Rezone for the Sierra/Trinity Business Park (450-30) At the request of the City Council, Staff has been reviewing City regulations to determine if any changes are necessary in order to provide assistance to businesses and property owners due to the current economic climate. The Planned Development Zoning District for the SierralTrinity Business Park is overly restrictive and therefore places a burden on the current property owner by restricting the types of businesses that can locate on the site. In order to expand the allowable uses on the site, the City Council will provide Staff with direction regarding a proposed amendment to the Planned Development Zoning District for the Sierra/Trinity Business Park. STAFF RECOMMENDATION: Provide Staff with direction on whether or not to work on amending the Planned Development Rezone far the Sierra/Trinity Business Park. Should the City Council wish to have Staff work on this, Staff also requests that this work be assigned a priority of high, medium or low priority. 8.2 Paperless Agenda Options (610-10) One of the City Council's High Priority Objectives for Fiscal Year 2009-2010 is to "Investigate opportunities and implement solutions for paperless Council Meetings." This Staff Report will present options to the City Council regarding the objective. STAFF RECOMMENDATION: Review the options and, at a minimum, conceptually approve proceeding with Phase 1. A Budget Change and amendment to the Capital Improvement Program encompassing the total scope desired by the City Council will be brought back to the meeting of July 20, 2010 for City Council approval. 8.3 Fallon Sports Park Dedication (245-20) The construction of the new Fallon Sports Park is nearing completion. The City Council will consider potential dates for the park dedication ceremony. STAFF RECOMMENDATION: Select an event date and provide input on potential event components. 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 Secrion 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 Disabiliries 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 Ciry Clerk's Office (925) 833-6650 at least 72 hours in advance of the meering. June 22, 2010 Dublin City Council Agenda Page 7 of 8 Agenda Printed 6/17/2010 9:15: 48 AM Mission The City of Dublin promotes and supports a high guality 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 educatecl 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. June 22, 2010 Dublin City Council Agenda Page 8 of 8