HomeMy WebLinkAbout*CC Agenda 12-21-2010REGULAR MEETING
Tuesday, December Z 1, 2010
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CTTY COUNCIL
'~ A G E N D A'~
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CALL TO ORDER & CLOSED SESSION 6:30 P.M.
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title; City 1Vlanager
II. CONFERENCE WITH LEGAL' COUNSEL~ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case
III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 5777 Scarlett Court, Dublin
Agency negotiator: Joni Pattillo, City Manager
Negotiating parties: Saadeh Corp. DBA Alameda County Auction
Under negotiation: Price and terms of payment
IV. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 6438 Sierra Court, Dublin
Agency negotiator: Joni Pattillo, City Manager
Negotiating parties: Saadeh Corp. DBA Alameda County Auction
Under negotiation: Price and terms of payment
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 Acceptance of Gift from West Coast Arborists (820-20)
The City Council will receive a presentation accepting an in-kind gift from West Coast
Arborists.
STAFF RECOMMENDATION: Formally accept the in-kind gift from West Coast Arborists.
3.2 Mayor's Appointments to City Commissions and Committee (110-30)
Following the City of Dublin's general municipal elections in November of even-numbered
years, terms expire on each of the City's commissions/committee. In response to 2 openings
on the Planning Commission, 9 applications were received. Six applications were received in
response to 3 openings on the Parks & Community Services Commission; 3 applications were
received in response to 4 openings on the Heritage & Cultural Arts Commission; and 4
applications were received in response to 3 openings on the Senior Center Advisory
Committee. New members will be sworn into office in January.
December 21, 2010 Dublin City Council Agenda Page 1 of 6
STAFF RECOMMENDATION: Confirm the Mayor's appointments to the various
Commissions and Committee, or provide other appropriate direction.
3.3 City Council Organization/Committee Appointments/Assignments (110-30)
Each member of the City Council represents the City of Dublin on various local and regional
Boards/Committees/Commissions. The City Council will discuss these proposed
appointments.
STAFF RECOMMENDATION: ' Review and discuss the Mayor's Appointment/Assignment
List, make any desired changes, confirm list and direct Staff to notify affected agencies, as
appropriate.
3.4 Determine Date/Time of Assembly Bill (AB) 1234 Ethics Training for City Officials and
Desagnated City Staff (650-45)
Under Assembly Bill (AB) 1234, "local agency officials" must receive ethics training at least
once every two years if the City provides compensation, salary, stipend or reimbursement for
actual and necessary expenses to a member of a legislative body. The City will offer a
mandatory Ethics Training session to all affected officials and Staff.
STAFF RECOMMENDATION: Discuss and determine a date for the AB 1234 Ethics Training
session for City officials and Staff or provide Staff with alternate direction.
3.5 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 Clerli'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-contcoversial 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 Meeting - None.
4.2 PLPA-2010 00005 Dublin Security Storage Zoning Ordinance Amendments (450-20)
Dublin Security Storage is requesting a Zoning Ordinance Amendment to allow Mini-Storage
as a permitted use in the M-1 (Light Industrial) Zoning District. A Zoning Ordinance
Amendment is also proposed to identify the M-1 (Light Industrial) Zoning District as being
consistent with the Business Park/Industrial and Outdoor Storage General Plan Land Use
designation. A Negative Declaration for the project has been prepared and was circulated for
public review from October 2, 2010 to October 22, 2010. No public comments were received.
On November 9, 2010 the Planning Commission approved a Site Development Review for
the construction of a new 8,160 square foot mini-storage building and the conversion of 4,650
square feet of an existing warehouse building for mini-storage uses. That approval is
contingent upon City Council approval of the Zoning Ordinance Amendments and Negative
Declaration. On December 7, 2010 the City Council introduced an Ordinance approving the
Zoning Ordinance Amendments and adopted the Negative Declaration. A second reading of
the Ordinance is required prior to adoption.
STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Amending Zoning
Ordinance Cliapter 8.12 (Zoning Districts and Permitted Uses of Land) to Allow Mini-Storage as
a Permitted Use in the M-1 (Light Industrial) Zoning District and Chapter 8.28 (Industrial
Zoning Districts) to Identify the M-1 (Light Industrial) Zoning District as Consistent with the
Business Park/Industrial and Outdoor Storage General Plan Land Use.
December 21, 2010 Dublin City Council Agenda Page 2 of 6
4.3 Acceptance of Work - Contract No. 10-05, 2010 Annual Slurry Seal Program (Valley
Slurry Seal) (600-35)
The Annual Slurry Seal Program (CIP No. 969202) resurfaced several City streets with a
slurry seal that will prolong the life of the existing pavement surface. As streets begin
showing wear and stress cracking, it is important to seal the cracks to keep water from getting
under the roadway pavement, which shortens the life of the pavement.
STAFF RECOMMENDATION: Accept improvements under 2010 Annual Slurry Seal
Program, and release retention after 35 days if there are no subcontractor claims.
4.4 Authorization to Negotiate and Execute a Joint Agreement with the Cities of Livermore,
Pleasanton and San Ramon and the Town of Danville to Provide a Loan of Up to $50,000
to the Tri-Valley Housing Opportunity Center to Address Shortages in Short-Term
Operating Expenses (600-30)
Staff is requesting City Council authorization to enter into negotiations with the Cities of
Livermore, Pleasanton and San Ramon and the Town of Danville to provide a loan to the Tri-
Valley Housing Opportunity Center (TVHOC) for expenses associated with the operation of
the Center. The maximum loan funding from all agencies combined would be $125,000 and
the City of Dublin maximum contribution would be $50,000. Each City/Town that enters into
the Agreement would provide a proportional share of funding to the Center to be allocated
over the remainder of Fiscal Year 2010-2011 while the TVHOC completes its restructuring
and secures additional outside resources.
STAFF RECOMMENDATION: Authorize the City Manager to negotiate and execute a Joint
Agreement with the Cities of Dublin, Livermore, Pleasanton and San Ramon and the Town of
Danville to provide funding in an amount not to exceed $50,000, for the TVHOC to cover
operating expenses for Fiscal Year 2010-2011 and approve a Budget Change. -
4.5 Consultant Services Agreement - Dublin Transit Center Public Art Project (600-30)
Staff is seeking approval of a Consultant Services Agreement with artist Cliff Garten to
fabricate and install an artwork sculpture based on the approved design by the artist for the
Dublin Transit Center project.
STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement with Cliff Garten
& Associates, Incorporated for Dublin Transit Center Public Art.
4.6 Disposal of Surplus Property (670-80)
The City Council will be asked to declare certain items, including police vehicles, as surplus
property.
STAFF RECOMMENDATION: Adopt Resolution Declaring Certain Items as Surplus Property,
and authorize the transfer of these items to a professional auction company for sale.
4.7 Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining
to the City's Conflict of Interest Code (640-40)
This is the second reading of an ordinance amending the City of Dublin Conflict of Interest
Code to include the following positions: Assistant to the City Manager, Planning Director
and Principal Planner.
STAFF RECOMMENDATION: Waive the reading and adopt an Ordinance Amending Dublin
Municipal Code Chapter 2.24, Pertaining to the City's Conflict of Interest Code.
4.8 Check Issuance Reports and Electronic Funds Transfers (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS - None.
December 21, 2010 Dublin City Council Agenda Page 3 of 6
6. PUBLIC HEARINGS .
6.1 Inclusion of Multi-Family Residential Projects in the City of Dublin's Participation in
Statewide Community Infrastructure Program (SCIP) (390-20)
The City Council will consider rescinding, replacing and restating the City's participation in
the Statewide Community Infrastructure Program (SCIP) to include financing of certain City
impact fees for multi-family residential development.
STAFF RECOMMENDATION: Conduct public hearing, deliberate and adopt Resolution
Rescinding, Replacing and Restating Resolution No. 185-OS thus Continuing the Authority for
the City to Participate in the Statewide Community Infrastructure Program; Authorizing the
California Statewide Communities Development Authority to Accept Applications from
Property Owners, to Conduct Special Assessment Proceedings and to Levy Assessments within
the Territory of the City of Dublin; and Authorizing Related Actions.
6.2 Tax and Equity Fiscal Responsibility Act (TEFRA) Hearing for Issuance of Bonds for the
Benefit of Arroyo Vista Family & Senior Housing (340-80/600-40)
Eden Housing, Inc. requested that the California Municipal Finance Authority (CMFA) serve
as the municipal issuer of the Bonds in an aggregate principal amount not to exceed
$35,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance
the acquisition and construction of a 180 unit multifamily rental housing facility known as the
Arroyo Vista Family and Senior Housing project located at 6700 Dougherty Road. The City
Council is being asked to approve a Joint Exercise of Powers agreement with the CMFA to
allow for the issuance of the bonds.
STAFF RECOMMENDATION: Conduct public hearing, deliberate and adopt Resolution
Approving a Joint Exercise of Powers Agreement relating to the California Municipal Finance
Authority, and Approving the Issuance of Multi-Family Housing Revenue Bonds by the
Authority for the Purpose of Financing the Acquisition and Construction of a Multifamily Rental
Housing Facility known as Arroyo Vista Family & Senior Housing; such adoption is solely for
the purposes of satisfying the requirements of TEFRA, the Code and the California Government
Code Section 6500 (and following). The resolution will also authorize the City Manager or
designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.
7. LTNFINISHED BUSINESS
7.1 Speed Feedback Demonstration Project (590-90)
This item is a follow-up item to the December 15, 2009, agenda item related to strategies for
addressing traffic safety. A project (Project#960024) was created and approved as part of the
2010-2011 Capital Improvement Program to purchase and install six speed feedback signs so
that their effectiveness at reducing vehicle speeds could be assessed. This report provides a
recommendation for the installation locations of the signs and seeks City Council approval of
the sign locations and authorization to advertise for bids to purchase the signs.
STAFF RECOMMENDATION: Approve the recommended speed feedback sign locations and
authorize staff to advertise for bids for Fiscal Year 2010-2011 Speed Feedback Demonstration
Project.
7.2 Dublin Farmers' Market Proposal for 2011 (470-10)
Staff is proposing a day, time and location, along with associated costs to host a Dublin
Farmers' Market event in 2011.
STAFF RECOMMENDATION: Direct Staff to make a formal request to the Pacific Coast
Farmers Market Association to host a Dublin Farmers' Market in 2011 as proposed.
December 21, 2010 Dublin City Council Agenda Page 4 of 6
8. NEW BUSINESS
8.1 Appointment of Delegate to Attend the National League of Cities Congressional City
Conference and Designation of Voting Delegate for the 2011 National League of Cities
Annual Conference (140-30)
The City Council will consider appointing one of its members as a delegate, and one as an
alternate, to attend the National League of Cities (NLC) Congressional City Conference in,
March 2011, and appointing a voting delegate, and an alternate, to attend and vote on the
City's behalf at the NLC Annual Conference in November of 2011.
STAFF RECOMMENDATION: Review and discuss appointing one of its members as a
delegate, and one as an alternate, to attend the National League of Cities (NLC) Congressional
City Conference in March 2011, and appoint a voting delegate, and an alternate, to attend and
vote on the City's behalf at the NLC Annual Conference in November of 2011.
8.2 Establishment of New Capital Improvement Program (CIP) Project - Dougherty Road
Improvements from Sierra Lane to North City Limit (820-20)
There are plans for pougherty Road to be improved from Sierra Lane to the North City Limit
that include six travel lanes, a raised median and Class II bicycle lanes. These improvements
are consistent with the Circulation Element of the City General Plan and are included in the
Eastern Dublin Traffic Impact Fee Program. The project limits are covered by two existing
projects included in the adopted Capital Improvement Program. This item proposes to
combine the two existing CIP projects into a new Capital Improvement Program project -
Dougherty Road Improvements from Sierra Lane to North City Limit, which will allow the
City to perform initial environmental and design work with available funds.
STAFF RECOMMENDATION: Adopt Resolution Establishing a New Capital Improvement
Program Project - Dougherty Road Improvements from Sierra Lane to North City Limits; and
approve the Budget Change.
8.3 Authorizing Consultant Services for Energy Improvement Projects (600-30)
The City Council will consider authorizing Staff to solicit bids for consultant services to
perform an energy audit on City facilities and make recommendations on cost-effective
energy improvement options that the City should consider implementing. In addition, the
selected consultant will assist the City in considering financing options to pursue any specific.
improvements.
STAFF RECOMMENDATION: Authorize Staff to prepare a Request for Qualification (RFQ)
for an Energy Service Company to conduct an energy audit on the City's facilities and produce
an Energy Action Plan; authorize Staff to solicit bids for said consultant services; authorize the
City Manager to enter into an agreement for consultant services; and approve a Budget Change
for consultant services in the amount of $40,000.
8.4 Comprehensive Annual Financial Report (CAFR) and Annual Audit for the Fiscal Year
Ending June 30, 2010 and Adoption of Guidelines for Designation of Reserves (310-30)
The City of Dublin has compiled and published its Comprehensive Annual Financial Report
(CAFR), for the fiscal year ending June 30, 2010. This report includes financial statements
prepared by City Staff along with the audit prepared by Caporicci and Larson (C&L), a
subsidiary of Marcum, LLP, the independent auditors selected by the City Council. The
CAFR is a report which encompasses information beyond minimum financial reporting
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. The report
also includes a discussion of the allocation of General Fund Reserves.
STAFF RECOMMENDATION: Receive the reports and conf'irm the establishment of the fund
balances as stated for the year ending June 30, 2010; and direct Staff to proceed with the
development of specific policies related to the designation of reserves in accordance wi~th
accounting standards.
December 21, 2010 Dublin City Council Agenda Page 5 of 6
8.5 Sustainable Neighborhood Development Strategy (530-10)
The City of Dublin has taken an active role in promoting sustainability in the public realm.
On the private side, initiatives such as the Green Building Ordinance are resulting in the
construction of more sustainable buildings. However, Staff believes that the City could
benefit from developing a"Sustainable Neighborhood Development Strategy," which would
enable and promote sustainable site design and planning for the streets, homes, workplaces,
and businesses we build in our neighborhoods. This Staff Report contains an overview of
wliy the City Council should consider developing a Sustainable Neighborhood Development
Strategy.
STAFF RECOMMENDATION: Provide feedback and direction on developing a Sustainable
Neighborhood Development Strategy.
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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accommodation, please contact the City Clerk's Office (925) 833-6650 at least 72 hours in advance of the meeting.
Agenda Printed 12/16/2010 12:52:24 PM
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 communiry.
Dublin is unified in its belief that an engaged and educated community encourages innovation in all aspects of Ciry life, including
programs to strengthen our economic vitality, and support errvironmental stewardship and sustainability through the preservation
of our natural surroundings. Dublin is dedicated to promoting an active and healthy lifesryle through the creation offirst-class
recreational opportunities, facilities and programs.
December 21, 2010 Dublin City Council Agenda Page 6 of 6