HomeMy WebLinkAbout*CC Agenda 09-18-2012 REGULAR MEETING
Tuesday,September 18,2012
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
AGENDA
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CLOSED SESSION 6:30 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: City owned right-of-way located in front of 11501 Dublin Blvd.
Agency negotiator: Joni Pattillo
Negotiating parties: Ring Family Revocable Trust and Davies Family Revocable Trust,jointly doing
business as Ring Properties
Under negotiation: Price and terms of payment.
REGULAR MEETING 7:00 PM
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Proclamation in Honor of the Anniversary of the United States Constitution
The City Council will present a proclamation to representatives from Daughters of the American
Revolution designating September 17 through September 23, 2012 as Constitution Week in the City of
Dublin.
STAFF RECOMMENDATION:
Present the proclamation.
3.2. Acceptance of Gifts to City from Dublin Senior Center Sponsors
The City Council will receive a report on the various sponsors that provided monetary donations to
support the City of Dublin Senior Center in Fiscal Year 2011-2012.
STAFF RECOMMENDATION:
Recognize the sponsors and individuals, and formally accept the contributions.
3.3. 2012 Walk to School Week
During the first week of October, the City of Dublin will work with the Dublin Unified School District
and Safe Routes to Schools to promote participation in International Walk to School Month, an annual
event that encourages students and parents to consider walk and bicycling to school. This
proclamation will declare the week of October 1st through 7th "Walk and Roll to School Week" in the
City of Dublin.
STAFF RECOMMENDATION:
Approve the proclamation declaring the week of October 1st through 7th as "Walk and Roll to School
Week" in the City of Dublin.
September 18,2012 Dublin City Council Agenda Page 1 of 5
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 (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 of the Regular City Council Meeting of September 4,2012
The City Council will consider the approval of the minutes of the Regular City Council meeting of
September 4, 2012.
STAFF RECOMMENDATION:
Approve the minutes of the Regular City Council meeting of September 4, 2012.
4.2. Annual Review of the following Development Agreements: Dublin Ranch Area A-H; Dublin
Ranch Supplemental DA,Areas F, G and H; AMB/Legacy Partners, West Dublin Transit
Village; Stockbridge/BHV Emerald Place—Green on Park Place; Western Pacific Housing,
Transit Center Site E-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot
Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard
Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; Transit Center, Master DA;
Springfield Montessori; Dublin Ranch North; Sorrento East/SR Structured Amended; Jordan
Ranch; Fallon Gateway/Target; Promenade; and Avalon Bay, Site C.
Staff has determined that, in regards to compliance with the above mentioned Development
Agreements, all Developers have complied in good faith and/or are progressing toward full
conformance with the terms and conditions of the Development Agreements during the past year.
Staff will continue monitoring all of the projects to assure that the Developers are moving towards full
compliance.
STAFF RECOMMENDATION:
Adopt Resolution finding that: 1) the following developers have complied in good faith with the terms
and provisions of the following Development Agreements: Dublin Ranch Area A-H; Dublin Ranch
Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village;
Stockbridge/BHV Emerald Place—Green on Park Place; Western Pacific Housing, Transit Center Site
E-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin
Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch
South; Wallis Ranch; Transit Center, Master DA; Springfield Montessori; Dublin Ranch North;
Sorrento East/SR Structured Amended; Jordan Ranch; Fallon Gateway/Target; Promenade; and Avalon
Bay, Site C; and 2) conclude the Annual Review Period for 2012 for the Development Agreements.
4.3. Check Issuance Report and Electronic Funds Transfers
The City Council will receive a listing of payments issued from August 1, 2012 — August 31, 2012
totaling $6,345,506.26.
STAFF RECOMMENDATION:
Receive the report.
4.4. 2012 Notice of Amendment to Conflict of Interest Code
This item is a notice to the City Council that an amendment to City's Conflict of Interest Code is
required.
STAFF RECOMMENDATION:
Direct Staff to prepare an ordinance amending the City's Conflict of Interest Code.
September 18,2012 Dublin City Council Agenda Page 2 of 5
4.5. Modification to Fiscal Year 2012-2013 Position Allocation Plan and Amendment to Salary Plan
for Public Works Technician I/II classifications
This report modifies the Position Allocation Plan for Fiscal Year 2012-2013 to reflect changes to the
Dublin Police Services' personnel allocations and amends the Salary Plan for the positions of Public
Works Technician I and Public Works Technician II.
STAFF RECOMMENDATION:
Adopt Resolution Modifying the Position Allocation Plan for Fiscal Year 2012-2013; and adopt
Resolution Amending the Salary Plan for the positions of Public Works Technician I and Public
Works Technician II.
4.6. Annual Review of City Investment Policy and Delegation of Authority To Complete Investment
Transactions
The adopted Investment Policy for the City of Dublin includes a provision for an annual review of the
policy to be presented at a public meeting. The City Council is also required to annually designate
positions authorized to complete investment transactions. A minor change has been proposed to the
designated reporting timeline. In accordance with State Law the City Council can only delegate for a
one year period the responsibility to complete investment transactions. The City Council has
authorized in the past the City Treasurer (Administrative Services Director) and Deputy City
Treasurers (City Manager and /or Finance Manager).
STAFF RECOMMENDATION:
Adopt Resolution adopting the 2012 Annual Review of Investment Policy and Delegation of Authority
to Complete Investment Transactions.
4.7. Preliminary Quarterly Financial Report for the Period Ending June 30, 2012 (4th Quarter) and
Final Fiscal Year 2011/2012 Budget Changes
The City Council will be presented with preliminary information related to the revenues and
expenditures through the end of the fourth quarter of Fiscal Year ending June 30, 2012. At this time
the annual financial audit has not been completed, therefore, the financial reports as presented are
preliminary. In order to prepare the report in some cases estimates were used which will be updated
with the final information when it is received. The auditors are scheduled to be on site beginning
October 15th, 2012. Consistent with prior years any audit adjusting entries will be recorded and
included in the City's Comprehensive Annual Financial Report, to be presented in December. Based
on the completion of four quarters of the year the report will include analysis of significant trends and
variances between budgets and actual expenditures. Final Budget changes requiring City Council
action are provided.
STAFF RECOMMENDATION:
Receive the reports as authorized by Section 41004 of the California Government Code; and approve
the Budget Change.
4.8. Adoption of the Ordinance to Amend the City's Retirement Contract with the Board of
Administration of the California Public Employees' Retirement System (CaIPERS)
This is the second reading of an Ordinance introduced at the regularly scheduled City Council Meeting
of August 21, 2012. The Ordinance authorizes an amendment to the contract with the Board of
Administration of the California Public Employees' Retirement System to provide Employee Cost
Sharing of Additional Benefits as defined under Article 2, Section 20516 of the California Public
Employee Retirement Law (PERL). The proposed amendment increases City employee contributions
to their CaIPERS retirement costs and thus decreases the employer's retirement program costs.
Employee CaIPERS deductions will be made on a pre-tax basis under Internal Revenue Code (IRC)
Section 414 (h) (2) which was previously adopted by the City.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance authorizing an amendment to the contract between the
City of Dublin and the Board of Administration of the California Public Employees' Retirement
System.
September 18,2012 Dublin City Council Agenda Page 3 of 5
4.9. Award of Bid-Contract No. 12-11, Golden Gate Drive Streetscape Enhancement Project
The Golden Gate Drive Streetscape Enhancement Project will enhance pedestrian and bicycle access
from Dublin Boulevard to the end of Golden Gate Drive adjacent to the West Dublin BART Station;
provide a new street overlay; and install pedestrian-scaled lighting, street trees and median
landscaping. The City has advertised the project, solicited bids from contractors and is now ready to
award the contract to Suarez& Munoz Construction, Inc., the lowest responsible bidder.
STAFF RECOMMENDATION:
Adopt Resolution Awarding Contract No. 12-11, Golden Gate Drive Streetscape Enhancement
Project, to Suarez & Munoz Construction, Inc. as the lowest responsible bidder and authorizing the
City Manager or her designee to approve Change Orders for the project up to the contingency amount
of $132,919; and approve the Budget Change authorizing additional Measure B Bike/Pedestrian and
Local Streets Program funds for the Golden Gate Drive Streetscape Enhancement Project.
4.10. Third Amendment to Agreement for Legal Services with Meyers Nave
Meyers Nave, the law firm that has served as Dublin's City Attorney since its incorporation, has
requested that the City Council consider amending its legal services agreement with the City to
increase the hourly rates to $220 for general legal services and to $264 for litigation and for work for
which the City is reimbursed by third parties.
STAFF RECOMMENDATION:
Approve the Third Amendment to Agreement for Legal Services.
4.11. Resolution Rescinding Resolution No. 53-02 and Establishing Staff Authority to Act on General
Liability Claims.
The City Council approved the adoption of revisions to the City's purchasing Ordinance on August 21,
2012. In order to provide for consistency between purchasing and settling authority it is necessary to
amend the Resolution that establishes the City Manager's authority to act on general liability claims.
STAFF RECOMMENDATION:
Adopt Resolution Establishing Staff Authority to Act on General Liability Claims.
5. WRITTEN COMMUNICATION—None.
6. PUBLIC HEARINGS
6.1. Adoption of Master Fee Schedule
On September 4, 2012 the City Council received a report on a comprehensive user fee study and
adopted a policy related to User Fees. Based on the information presented, the City Council concurred
with proceeding with a public hearing to consider adoption of the fees on September 18, 2012. The
City's current fee and cost recovery model was adopted by the City Council in April 2006 using
budgetary data from Fiscal Year 2004-05. The proposed Master Fee Schedule is based on a study
completed by Capital Accounting Partners.
STAFF RECOMMENDATION:
Conduct public hearing, deliberate and adopt Resolution establishing a new Master Fee Schedule
which will be effective December 1, 2012.
7. UNFINISHED BUSINESS
7.1. Introduction of Proposed Fireworks Ordinance Language Additions, relating to the
Reinvestment of Fireworks Proceeds within the City of Dublin
The City Council will consider proposed language amendments to the City's Fireworks ordinance that
will commit local non-profit groups to reinvest fireworks proceeds within the City of Dublin.
STAFF RECOMMENDATION:
Receive the report, comment on the proposed language, and provide Staff direction regarding the
proposed amendment to the Firework's ordinance.
September 18,2012 Dublin City Council Agenda Page 4 of 5
7.2. Tobacco Retailers Ordinance Outreach Report
A Fiscal Year 2012-2013 City Council initiated work plan goal directs Staff to establish zoning
restrictions and a licensing system for new tobacco retailers within the City. As directed by the City
Council, Staff met with representatives advocating various positions to solicit their input. Staff is •
presenting this item to receive additional direction before finalizing the Tobacco Retailer Ordinances.
STAFF RECOMMENDATION:
Receive the report and provide Staff with feedback and direction on developing a Tobacco Retailers
Ordinance.
7.3. Proposed Building Plan for Emerald Glen Park
The Emerald Glen Park Master Plan envisions two public buildings: a Recreation and Aquatic
Complex and a Community Center. The 2012-2017 Capital Improvement Program includes funding to
restart the design process for the Recreation and Aquatic Complex which was suspended in 2009 due
to the downturn in the economy. The City Council will consider a revised building plan that combines
the remaining facilities planned for Emerald Glen into one building totaling 51,360 square feet (sf) that
would be constructed in three phases, with Phase I being completed in 2015. The City Council will
also consider whether to defer some of the improvements proposed for Phase I to advance the next
phase of Fallon Sports Park.
STAFF RECOMMENDATION:
Receive the Staff and consultant presentations and approve the proposed building and phasing plan as
presented by Staff.
8. NEW BUSINESS—None.
9. 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)
10. ADJOURNMENT
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.
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 restyle through the creation offirst-class
recreational opportunities,facilities and programs.
1966244.1 •
September 18,2012 Dublin City Council Agenda Page 5 of 5