HomeMy WebLinkAbout*CC Agenda 09-15-2009REGULAR MEETING
Tuesday, September 15, 2009, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
'~AGENDA'~
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CALL TO ORDER & CLOSED SESSION (6:30 p.m.)
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957.6.)
Title: City Attorney
II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 5777 Scarlett Court, Dublin
Agency negotiator: City Manager
Negotiating parties: Saadeh Corp. DBA Alameda County Auction
Under negotiation: Price and terms of payment
III. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
Government Code section 54956.9, subdivision (a)
Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S. District
Court, Northern District of California, Case C 07-05794 MHP
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Appointment to Senior Center Advisory Committee (110-30)
Due to the recent resignation of Jeanette Villegas from the Senior Center Advisory
Committee, there is one opening on the Committee. The opening was advertised and one
application was received from Dublin resident Tim Pedersen.
STAFF RECOMMENDATION: Confirm the Mayor's appointment of Tim Pedersen to the
Senior Center Advisory Committee to a term ending December 2012.
3.2 Presentation by the Alameda County Fire Department (ACFD)/Dublin Fire Services
regarding the Department's Current Activities (540-60)
Chief Sheldon Gilbert of the ACFD will make a presentation to the City Council on the
current activities within the Department including the proposed Operations Complex to be
located in Dublin.
STAFF RECOMMENDATION: Receive the presentation and provide comments.
September 15, 2009 Dublin City Council Agenda Page 1 of 4
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 -None
4.2 Revisions to the Personnel System (720-40)
The Staff Report identifies proposed changes to the City's current Personnel System 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 Resolution Fixing the Employer's Contribution Under
the Public Employees' Medical and Hospital Care Act, adopt Resolution Fixing the Employer's
Contribution Vesting Requirement for Future Retirees Under the Public Employees' Medical and
Hospital Care Act, and adopt Resolution Amending the Benefit Plan.
4.3 Ratification of Federal Equitable Sharing Agreement for Asset Seizure Funds (600-50)
When state or local agencies, such as the Dublin Police Services, work with federal agencies
to enforce federal criminal laws, they may apply for an equitable share of any forfeited
proceeds. To obtain such proceeds, the state or local agency must sign an Equitable Sharing
Agreement. The amount of funds is unknown until a case is resolved. The appropriation of
funds for expenditure will require City Council approval in the future after funds have been
received.
STAFF RECOMMENDATION: Adopt Resolution approving Ratification of a Federal
Equitable Sharing Agreement with the United States Department of Justice and the United States
Department of the Treasury.
4.4 Consulting Services Agreement with Associated Engineering Services, Inc., for
Construction Inspection Services (600-30)
The Public Works Department is in need of a temporary contract inspector to assist with the
City's current inspection workload. It is proposed that the engineering consulting firm of
Associated Engineering Consultants, Inc., provide a contract inspector for up to 200 hours in
Fiscal Year 2009-2010.
STAFF RECOMMENDATION: Adopt Resolution Approving Consulting Services Agreement
with Associated Engineering Consultants, Inc., for Construction Inspection Services.
4.5 Fiscal Year 2009-2010 Goals and Objectives Status Report and CIP Schedule (100-80)
Staff has prepared a report apprising the City Council of the status of the Fiscal Year 2009-
2010 Goals and Objectives as of August 31, 2009, as well as a schedule of the City's Capital
Improvement Program indicating estimated project start and completion dates.
STAFF RECOMMENDATION: Approve recommended language changes to three goals and
receive the report.
4.6 Warrant Register ($6,127,934.54) dated September 15, 2009 (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS -None
September 15, 2009 Dublin City Council Agenda Page 2 of 4
6. PUBLIC HEARINGS
6.1 Amendment to Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) (560-90)
The City Council will consider amending the Dublin Municipal Code to include a prohibition
of smoking on the total property area of private, single-family residences that are licensed to
provide childcare services. This Ordinance would prohibit smoking 24 hours a day and seven
days a week within the property area of all such childcare centers that are operating within the
City of Dublin. This is the first reading of this Ordinance.
STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive the reading and
INTRODUCE Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to
Smoking Pollution Control.
7. UNFINISHED BUSINESS
7.1 Bray Commons Public Art (900-50)
The City Council will be asked to consider a recommendation to remove the metal leaves
from the artwork at Bray Commons Park for safety reasons or provide Staff with other options
to address the issue.
STAFF RECOMMENDATION: Authorize Staff to have artist Bill Gould remove all metal
leaves from the Bray Commons artwork or provide alternate direction.
7.2 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
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 City Council Committees for Economic Development, Communications,
Environmental Programs, Community Grants, and Community Development Block Grant
Programs (610-40)
The City Council has several major initiatives underway this Fiscal Year, many of which
require ongoing policy guidance and direction from the City Council. In order to effectively
mange these efforts Staff is proposing the creation of five committees - 1) Economic
Development; 2) Communications; 3) Environmental Programs; 4) Community Grants; and
5) Community Development Block Grant Programs.
September 15, 2009 Dublin City Council Agenda Page 3 of 4
STAFF RECOMMENDATION: Provide direction to Staff on the proposed City Council
Committees for Economic Development, Communications, Environmental Programs,
Community Grants, and Community Development Block Grant Programs.
8.2 Communications Work Plan for the City of Dublin (150-10)
Improving the City's communications with Dublin residents and businesses was established
as a City Council High Priority Goal and Objective for Fiscal Year 2009-2010. Staff has been
working for the past few months on a plan that would enable the City to accomplish this goal.
The City Council will consider the plan.
STAFF RECOMMENDATION: Review and approve the Communication Work Plan, its main
objectives and action items.
8.3 Association of Bay Area Governments (ABAG) Multi-Jurisdictional Local Hazard
Mitigation Plan (520-30)
The City Council will consider directing Staff to participate in the ABAG Multi-Jurisdiction
Local Hazard Mitigation Plan. The plan consists of mitigation strategies focusing on actions
that would reduce damages sustained as a result of a disaster. Strategies are designed to
reduce the loss of life, minimize property damage, and speed the recovery process. The City
Council will also consider directing Staff to hold two public meetings to receive input from
the community on the mitigation strategies that the City would pursue as part of the plan.
STAFF RECOMMENDATION: Direct Staff to participate in ABAG's Local Hazard Mitigation
Plan and hold community meetings to receive community input on the City's mitigation strategy
priorities.
8.4 Revisions to the Organization of the Year Guidelines and Volunteer Recognition Event
(610-50)
The City Council will consider proposed changes to the guidelines for the City's Organization
of the Year award, and the Volunteer Recognition Event.
STAFF RECOMMENDATION: Approve recommended changes to the Organization of the
Year Guidelines, and the Volunteer Recognition Event, or provide alternate direction.
8.5 Consideration of Council Meeting Cancellations (610-20)
In order for the City Council and Staff to plan ahead in regard to workload, the City Council
will consider the possible cancellation of pre-determined City Council meetings. Meetings
that may be considered for cancellation are the first meeting in January, and one meeting in
July and one in August, of each year.
STAFF RECOMMENDATION: Provide direction regarding possible City Council meeting
cancellations.
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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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.
September 15, 2009 Dublin City Council Agenda Page 4 of 4