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HomeMy WebLinkAbout*10-04-2011 CC Agenda REGULAR MEETING Tuesday, October 4, 2011, DUBLIN CIVIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL AGENDA • Agendas and Staff Reports are posted on the City's Internet Website (www.dublin.ca.gov) NOTE: Agendas posted on the Website are provided as a public service, and are not intended to serve as apart 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 and exhibits related to each item is available for public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Councilmembers less than 72 hours prior to a City 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 8t CLOSED SESSION 6:30 P.M. I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3385 Dublin Blvd., #206, Dublin, CA Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney Negotiating party: Camille Buckingham Under negotiation: Price and terms of payment II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3245 Dublin Blvd., #224, Dublin, CA Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney Negotiating party: Mona Kosasih Under negotiation: Price and terms of payment III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3255 Dublin Blvd., #420, Dublin, CA Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney Negotiating party: Arthur Longoria 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 Introduction of New Employees: Roxanna Recinos-Serna, Plan Check Engineer, Building Division and Larry Ferguson, Senior Finance Technician, Finance Division (700-10) One new member and a recently promoted member of City Staff will be introduced. STAFF RECOMMENDATON: Recognize City of Dublin Staff members. 3.2 Pilot Health Clinics Presentation (560-60) The City Council will receive a presentation on Alameda County's plans to develop pilot health care clinics in local fire stations. STAFF RECOMMENDATION: Receive presentation. October 4, 20l 1 Dublin City Council Agenda Page 1 of 5 ' 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 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 Meeting of September 20, 2011 STAFF RECOMMENDATION: Approve minutes. 4.2 First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda (600-40) The proposed item would approve afive-year First Responder Advanced Life Support (FRALS) agreement with the County of Alameda. The agreement will reimburse the City of Dublin for providing four (4) first responder units, which is an enhancement to the emergency medical services within the City of Dublin. STAFF RECOMMENDATION: Adopt Resolution Authorizing aFive-Year (November 1, 2011 to October 31, 2016) First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda. 4.3 Revisions to Personnel System (720-40/720-60) The Staff report identifies proposed changes to the City's current Personnel System. The proposed adjustments are based on the need to amend the City's contribution rate to California Public Employees' Retirement System (Ca1PERS) for the provision of health benefits under the Public Employees' Medical and Hospital Care Act. STAFF RECOMMENDATION: Adopt the following Resolutions: Resolution Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act; Resolution Fixing the Employer's Contribution Vesting Requirement for Future Retirees Under the Public Employees' Medical and Hospital Care Act; and Resolution Amending the Benefit Plan. 4.4 Revision to Job Classification (Finance Technician I/II) (700-20) The City Council will consider revisions to the City's Personnel System including amending the Finance Technician I/II job classification. STAFF RECOMMENDATION: Review the proposed modifications to the City's Classification and adopt the Resolution Amending the Classification Plan. 4.5 Establishing Bus Stops on Dublin Boulevard (1060-20) This is the second reading of an ordinance introduced at the regularly scheduled City Council meeting of September 20, 2011. The ordinance will amend the Dublin Traffic Code to establish bus stops on Dublin Boulevard at the Fallon Gateway shopping center. STAFF RECOMMENDATION: Adopt Ordinance Amending the Dublin Traffic Code Establishing Bus Stops on Dublin Boulevard 4.6 Approval of Contract Change Order and Budget Adjustment -Contract No. 11-02, Fiscal Year 2010-2011 Annual Sidewalk Safety Repair Program and Curb Ramp Installation (600-35) On April 19, 2011, the City Council approved award of contract to Weber Tractor Services for Contract No. 11-02, Fiscal Year 2010-2011 Annual Sidewalk Safety Repair Program and Curb Ramp Installation. The scope of improvements covers two separate Capital Improvement Projects: 1) the Annual Sidewalk Safety Repair Program (CIP No. 949102); and 2) The Americans with Disabilities Act (ADA) Transition Plan (CIP No. 939102). The cost of the project is expected to exceed the current budget amount, requiring a budget change to October 4, 2011 Dublin City Council Agenda Page 2 of 5 transfer additional funds into the project as well as City Council approval of a contract change order. Approval is also recommended for a second change order to add work included in the Citywide Storm Drain Assessment (CIP No. 960017) for which funding is available and a budget adjustment is not needed. STAFF RECOMMENDATION: Authorize the City Manager to approve a Change Order with Weber Tractor Services in an amount not to exceed $44,281.07 for the installation of additional sidewalk work under the Annual Sidewalk Repair Project (CIP No. 949012); approve budget change which will transfer the amount of $22,000 in unappropriated Measure B funds to the Annual Sidewalk Repair Project (CIP No. 949102); and authorize the City Manager to approve a Change Order with Weber Tractor Services in an amount not to exceed $17,150 for storm drain work funded under the Citywide Storm Drain Assessment (CIP No. 960017). 4.7 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 6.1 Appeal of Planning Commission Denial of the All American Label Site Development Review fora 4,456 Square Foot Addition to an Existing Building, PLPA-2011-00020 (410- 30) The City Council will consider an appeal of the Planning Commission's denial of a Site Development Review Permit fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court. The Proposed Project was determined to be inconsistent with the General Plan in that the addition will cause the building to exceed the maximum floor area ratio (FAR) established by the General Plan Business Park/Industrial land use category. STAFF RECOMMENDATION: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and either 5) Affirm the Planning Commission's adoption of Resolution 11-24 denying a Site Development Review Permit fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court and affirming the Planning Commission's Findings; OR 6) Direct the City Attorney to prepare findings for the City Council to reverse the Planning Commission's action. 6.2 Zoning Ordinance Amendments to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit), PLPA-2011-00026 (450-30) The City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations. Amendments are proposed to: Chapter 8.40 (Accessory Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail sales; to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically listed in Section 8.76.080.D; to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary land uses not specifically defined and deviating from established development standards. STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive the reading and INTRODUCE an Ordinance Amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance. October 4, 201 I Dublin City Council Agenda Page 3 of 5 6.3 Dublin Heritage Park and Museums Facility Use Policy (295-10) The City Council will consider adopting the Heritage Park and Museums Facility Use Policy and Rental Fee Schedule, which will allow for community use and private rentals of the Kolb Sunday School Barn and St. Raymond Church. STAFF RECOMMENDATION: Conduct public hearing, deliberate, and adopt Resolution Establishing a Facility Use Policy and Rental Fee Schedule for use of the Kolb Sunday School Barn and St. Raymond Church at the Dublin Heritage Park and Museums. 7. UNFINISHED BUSINESS 7.1 Adoption of Amended and Restated Ex Parte Contacts Policy (610-20) Ex parte contacts are communications of information relevant to a quasi judicial governmental decision to a decision maker outside of the formal quasi judicial proceeding. On December 20, 2005, the City Council adopted a policy prohibiting City Council members and Planning Commissioners, among others, from the intentionally making or receiving ex pane contacts related to quasi judicial proceedings such as site development review approvals, conditional use permits, and variances. The policy does not apply to quasi- legislative decisions such as general plan amendments and zoning ordinance amendments. At the April 5, 2011 City Council meeting, Councilmember Swalwell requested that the policy be placed on a future Council agenda that would allow the policy to be reviewed. At the September 6, 2011 City Council meeting, the City Council directed the City Attorney to prepare an amendment to the policy that would permit the members of the City Council to make or receive ex pane contacts except when a matter is actually scheduled to be heard by the City Council itself. Staff has prepared a resolution that would permit contacts unless and until the City Council is notified that it will be sitting as the quasi judicial hearing body on a specific matter. STAFF RECOMMENDATION: Either: (a) take no action and thereby leave the existing ex pane contacts policy in place or (b) adopt Resolution permitting only the members of the City Council to make or receive ex pane contacts unless and until the Councilmembers are notified by City Staff that a specific matter will be heard by the City Council itself. 8. NEW BUSINESS 8.1 Valley Christian Center General Plan Amendment Study Initiation Request (420-30) The City Council will consider whether to initiate a General Plan Amendment Study to change the General Plan Land Use Designation fora 1.4 acre property at the northwest corner of Dublin Boulevard and Inspiration Drive from Public/Semi-Public to Medium/High Density Residential. STAFF RECOMMENDATION: Adopt Resolution approving the initiation of a General Plan Amendment Study to change the General Plan land use designation fora 1.4 acre property at the northwest corner of Dublin Boulevard and Inspiration Drive from Public/Semi-Public to Medium/High-Density Residential; OR Adopt Resolution denying the initiation of a General Plan Amendment Study to change the General Plan land use designation fora 1.4 acre property at the northwest corner of Dublin Boulevard and Inspiration Drive from Public/Semi-Public to Medium/High-Density Residential. 8.2 Parking Designation on Antone Way (820-80) While on-street parking is allowed on Antone Way, there is insufficient width at the east end where there exists a center median. While vehicles have been known to park along this section, particularly during school drop-off and pick-up times, it is recommended that, in the interest of public safety, "No Parking" zones be designated on the north and south sides of the street. STAFF RECOMMENDATION: Adopt Resolution Approving Parking Regulation on Antone Way. October 4, 2011 Dublin City Council Agenda Page 4 of 5 8.3 Parks and Community Services Strategic Plan Annual Report (920-10) In November 2008, the City Council adopted the Parks and Community Services Strategic Plan. Staff will present an annual report on the strategic objectives accomplished during Fiscal Year 2010-2011. STAFF RECOMMENDATION: Receive the report. 8.4 Confirmation of Appointment of City Council 2011 Ad-Hoc Audit Review Committee (610-40) The independent auditors from the firm of Caporicci and Larson, Inc. (a subsidiary of Marcum, LLP) have scheduled their field work necessary to complete the Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2011. The City Council will consider the establishment of an Ad Hoc Committee, comprised of two City Council Members, to review the audit process and final report with the Auditors. The Committee will also review recommendations for a new audit engagement which will begin with the financial reporting period ending June 30, 2012. STAFF RECOMMENDATION: Confirm the Mayor's appointment of Vice Mayor Kevin Hart and Councilmember Eric Swalwell as the 2011 Ad-Hoc Audit Review Committee that will serve for a limited time. The Committee will meet with the City Auditors to review and discuss the audit report for the period ending June 30, 2011. 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. 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 unifred 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. October 4, 2011 Dublin City Council Agenda Page 5 of 5