HomeMy WebLinkAbout*CC Agenda 09-01-2009REGULAR MEETING
Tuesday, September 1, 2009, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
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CALL TO ORDER & CLOSED SESSION (6:30 p.m.)
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code section 54957)
Title: City Attorney
II. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6)
Agency Designated Representatives: Councilmembers Hart and Scholz
Unrepresented Employee: City Attorney
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Acceptance of Gifts to City for Senior Center (150-70)
The City Council will recognize several groups and individuals who have made monetary
contributions to the Dublin Senior Center.
STAFF RECOMMENDATION: Recognize donors and formally accept contributions.
3.2 Progress on West Dublin Bay Area Rapid Transit (BART) Station (1060-30)
The City Council will receive a presentation on the progress of the West Dublin BART
Station.
STAFF RECOMMENDATION: Receive presentation and provide comments.
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 t31 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).
September 1, 2009 Dublin City Council Agenda Page 1 of 5
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 July 7, 2009 and July 21, 2009
STAFF RECOMMENDATION: Approve minutes.
4.2 Acceptance of Work -Contract No. 09-06, 2008-2009 Annual Sidewalk Safety Repair
Program and Curb Ramp Installation (600-35)
The 2008-2009 Annual Sidewalk Safety Repair Program removed and replaced damaged
sidewalk with offsets of 3/4-inch or more that may pose a tripping hazard and constructed 29
new pedestrian curb ramps.
STAFF RECOMMENDATION: Approve Budget Change for Fiscal Year 2008-2009; and
accept the improvements under Contract No. 09-06, 2008-2009 Annual Sidewalk Safety Repair
Program and Curb Ramp Installation, and authorize the release of retention after 35 days if there
are no subcontractor claims.
4.3 Budget Change -Contract No. 09-03, Dublin Sports Grounds Renovation -Snack Bar and
Restrooms Remodel (600-35)
During the renovation additional work was identified as necessary which exceeded the
available contingency. The City Council will consider a budget change of $26,010 in order to
complete the project.
STAFF RECOMMENDATION: Approve Budget Change in the amount of $26,010.
4.4 Request for Authorization to Use Direct Computer Disposal for the Recycling of City
Electronic Waste and Surplus Computer Equipment (350-40)
The City will be disposing of computers that are now beyond their useful life.
STAFF RECOMMENDATION: Adopt Resolution Authorizing Staff to Use Direct Computer
Disposal for the Recycling of City Electronic Waste and Surplus Computer Equipment.
4.5 Resolution Adopting Records Retention Schedule (160-20)
The City is upgrading its records management program, including its records retention
policies. The City Council will consider adoption of a resolution adopting an updated
retention schedule, and revisions to other records-related City procedures.
STAFF RECOMMENDATION: Adopt Resolution Adopting a Records Retention Schedule,
and Authorizing Destruction of Certain City Records in Accordance with the Provisions of the
Records Retention Schedule, Authorizing Future Updates to the Records Retention Schedule
with the Consent of the City Manager, City Clerk and City Attorney without Further Action of
the City Council, and Rescinding Prior Resolution No. 41 -O5.
4.6 Annual Review of City Investment Policy and Delegation of Authority to Complete
Investment Transactions (320-30)
Annually, the City Council reviews the Investment Policy at a public meeting. State law also
contains a provision for the delegation of authority to complete investment transactions on an
annual basis. As a result of the 2009 review, no changes are recommended at this time.
STAFF RECOMMENDATION: Adopt Resolution approving 2009 Annual Review of
Investment Policy and Delegation of Authority to Complete Investment Transactions.
4.7 Warrant Register ($7,644,651.46) dated September 1, 2009 (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS -None
September 1, 2009 Dublin City Council Agenda Page 2 of 5
6. PUBLIC HEARINGS
6.1 Appeal of Planning Commission's Approval of The Promenade at Dublin Ranch including
a CEQA Addendum, a Conditional Use Permit (CUP) for an Indoor Recreation Facility
and for a Minor Amendment of the Approved PD Development Plan in Accordance with
Chapter 8.32.080 of the City of Dublin Zoning Ordinance to Change the Allowable Square
Footage on Village Center Parcel 6 to 82,864 Square Feet Provided the Maximum
Allowable Square Footage for the 23 Acre Village Center Area/Promenade Property Does
Not Exceed 230,000 Square Feet, and a Site Development Review (SDR) for the
Establishment of a Club Sport Fitness Center with Associated Spa and Cafe, aTwo-Story
RetaiVOffice Building, aFour-Level Parking Garage and Associated Site Amenities (400-
20/410-30)
The City Council will consider an appeal of the Planning Commission's approval of The
Promenade at Dublin Ranch.
STAFF RECOMMENDATION: 1) Disclose Ex parte Contacts; 2) Receive Staff presentation;
3) Open the public hearing; 4) Take testimony from the Appellant, Applicant and the Public;
5) Close the public hearing and deliberate; and 6) Take the following action: a) Adopt
Resolution Affirming the decision of the Planning Commission to adopt Resolution No. 09-28
adopting a CEQA Addendum to the Eastern Dublin Environmental Impact Report and 2000
Dublin Ranch Area G Mitigated Negative Declaration for the Promenade project, adopting the
related Statement of Overriding Considerations; and adopting the Findings of Fact set forth in
Attachment 14; and b) Adopt Resolution affirming the decision of the Planning Commission to
adopt Resolution No. 09-29 Approving a Conditional Use Permit for an Indoor Recreation
Facility and for a minor amendment to the approved PD Development Plan in accordance with
Chapter 8.32.080 of the City of Dublin Zoning Ordinance to change the allowable square footage
on Village Center Parcel 6 to 82,864 square feet provided the maximum allowable square
footage for the 23 acre Village Center Area/Promenade property does not exceed 230,000 square
feet, and Site Development Review for the establishment of a Club Sport Fitness Center with
associated spa and cafe, atwo-story retail/office building, afour-level parking garage and
associated site amenities on a 3.72 acre site within Area G of Dublin Ranch; and adopt Findings
of Fact set forth in Attachment 15; OR c) By "straw vote" direct the City Attorney to prepare
findings for the City Council to adopt by motion on September 15, 2009 or by special meeting no
later than October 5, 2009 to affirm the Planning Commission's action in part with or without
additional Conditions of Approval or to reverse such action.
7. UNFINISHED BUSINESS
7.1 Arroyo Vista -Environmental Impact Report, General Plan Amendment, Planned
Development Rezone with a Stage 1/Stage 2 Development Plan and Resolution Waiving
Certain Provisions of Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning
Regulations) of the Zoning Ordinance, PA 07-028 (400-20/420-30/450-30)
The proposed Arroyo Vista residential development would be a community of 378 residential
units comprised of 198 market rate and 180 affordable units, a community building and a
daycare. The market rate component of the project will include 141 attached and 57 detached
for-sale dwellings. Up to 14 of the for-sale units will be affordable dwellings. The affordable
portion of the project will include 130 affordable family apartments and 50 affordable senior
apartments.
STAFF RECOMMENDATION: Adopt Resolution Certifying an Environmental Impact Report
and Adopting Findings Concerning Significant Impacts and Mitigations and Alternatives, a
Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for
the Arroyo Vista Project Located at 6700 Dougherty Road (APN 941-0007-001-07), PA 07-028;
and adopt Resolution approving a General Plan Amendment to Change the Designation of the
Arroyo Vista Project Site from Medium-Density Residential to Medium/High-Density
September 1, 2009 Dublin City Council Agenda Page 3 of 5
Residential and Public/Semi-Public and Allow for Attached and Detached Housing Units in the
Medium/High-Density Residential Land Use Designation (APN 941-0007-001-07), PA 07-028;
and waive the second reading and adopt Ordinance Approving a PD-Planned Development
Rezone and a Related Stage 1/Stage 2 Development Plan for Arroyo Vista Located at 6700
Dougherty Road (APN 941-0007-001-07), PA 07-028; and adopt Resolution Approving a
Waiver to Chapter 8.68 of the Dublin Municipal Code Related to Affordability, Preference
Points, Concurrent Construction, Equivalent Bedroom Size and Dispersal Requirements for the
Arroyo Vista Project Located at 6700 Dougherty Road (APN 941-0007-001-07), PA 07-028.
8. NEW BUSINESS
8.1 Proposed Amendments to the Bylaws and Rules of Procedure for the Parks and
Community Services Commission, Heritage and Cultural Arts Commission, Senior Center
Advisory Committee and Youth Advisory Committee (110-20)
The City Council will consider amendments to the Bylaws and Rules of Procedure as
recommended by the Parks and Community Services Commission, Heritage and Cultural Arts
Commission, Senior Advisory Committee and Youth Advisory Committee.
STAFF RECOMMENDATION: Adopt Resolution Adopting Amended Bylaws and Rules of
Procedure for the Parks and Community Services Commission and Rescinding Resolution
No. 160-08; adopt Resolution Adopting Amended Bylaws and Rules of Procedure for the
Heritage and Cultural Arts Commission and Rescinding Resolution No. 161-08; adopt
Resolution Adopting Amended Bylaws and Rules of Procedure for the Senior Center Advisory
Committee and Rescinding Resolution No. 162-08; and adopt Resolution Adopting Amended
Bylaws and Rules of Procedure for the Youth Advisory Committee and Rescinding Resolution
No. 159-08.
8.2 Proposed Downtown and Eastern Dublin Traffic Impact Fee Deferral Program (390-20)
One of the City Council's Fiscal Year 2009-2010 High Priority Goals and Objectives is to
develop an Economic Incentive Program. Staff has explored the options relating to fee
deferrals and is recommending that the City Council defer Downtown and Eastern Dublin
Traffic Impact Fees on non-residential projects.
STAFF RECOMMENDATION: Adopt Resolution Approving the Traffic Impact Fee Deferral
Program.
8.3 Designation by City Council of an Ad Hoc Audit Review Committee (110-30)
The independent auditors from the firm of Caporicci and Larson have scheduled their field
work necessary to complete the Comprehensive Annual Financial Report (CAFR) for the year
ending June 30, 2009. City Council action will establish an Ad Hoc Committee to review the
audit process and final report with the auditors.
STAFF RECOMMENDATION: Confirm the Mayor's appointment of Councilmember Biddle
and Councilmember Hart as the 2009 Ad Hoc Review Committee that will meet with the City
Auditors to review and discuss the audit process for the period ending June 30, 2009.
8.4 Property Assessed Clean Energy (PACE) Programs and AB 811 (1040-10)
The City Council will receive a report on California State Assembly Bill (AB) 811,
Chapter 159, Statutes of 2008, which authorizes Property Assessed Clean Energy (PACE)
programs for California joint powers authorities, counties or general law cities. In order to
finance property improvements and promote their installation, the Legislature authorized
AB 811 for the financing of energy efficiency retrofits and solar system improvements.
STAFF RECOMMENDATION: Receive report and direct Staff to keep abreast of regional
PACE opportunities and programs being developed which may expand opportunities to offer
energy efficiency retrofits and solar system financing.
September 1, 2009 Dublin City Council Agenda Page 4 of 5
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 8/27/2009 12:47:39 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 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 lifestyle through the creation of first-class
recreational opportunities, facilities and programs.
September 1, 2009 Dublin City Council Agenda Page 5 of 5