February 19, 2013 CC Special Meeting

SPECIAL MEETING
TUESDAY FEBRUARY 19, 2013, 5:30 p.m.
DUBLIN CIVIC CENTER, 100 CIVIC PLAZA
AGENDA
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SPECIAL MEETING 5:30 p.m.

1.

CALL TO ORDER



2.

PLEDGE OF ALLEGIANCE TO THE FLAG



3.

ORAL COMMUNICATIONS



3.1.

City Council Vacancy [STAFF REPORT][STAFF REPORT]

Former City Councilmember Eric Swalwell resigned his City Council seat on January 2, 2013 because he was elected to serve in the U.S. Congress. At the February 5, 2013 City Council meeting, the City Council elected to fill this vacancy through an application and appointment process. In order to be considered eligible for this appointment, applicants were required to submit a completed application before the final closing date of Wednesday, February 13, 2013 at 3 p.m., be a Dublin resident and a registered voter.

STAFF RECOMMENDATION:

Review the applications, interview applicants, deliberate, and appoint and swear in a Dublin resident who is registered to vote, to the vacant City Council position or defer the appointment to a Special Meeting of the City Council on Tuesday, February 26, 2013.



3.2.

City Sponsorship of Dublin Integrity In Action’s 4th Annual Dublin Bowl-A-Rama

[STAFF REPORT]

The City Council will consider event sponsorship of the Dublin Integrity In Action’s 4th Annual Dublin Bowl-A-Rama.

STAFF RECOMMENDATION:

Approve the event sponsorship of the Dublin Integrity In Action’s 4th Annual Dublin Bowl-A-Rama to be funded through the City Council’s Community Outreach fund.



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 1 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 February 5, 2013 [STAFF REPORT]

The City Council will consider the approval of the minutes of the Regular City Council meeting of February 5, 2013.

STAFF RECOMMENDATION:

Approve the minutes of the Regular City Council meeting of February 5, 2013.



4.2.

Check Issuance Report and Electronic Funds Transfers [STAFF REPORT]

The City Council will receive a listing of payments issued from January 1, 2013 - January 31, 2013, totaling $3,754,115.06.

STAFF RECOMMENDATION:

Receive the report.



4.3.

Acceptance of Work - Contract No. 11-05 Alamo Canal Trail Project (Proven Management Inc. - CIP No. 960008) [STAFF REPORT]

A contract was awarded by the City Council on February 7, 2012 to Proven Management Inc. for the Alamo Canal Trail I-580 Undercrossing Project under Contract No. 11-05, which constructed the portion of the Alamo Canal Trail underneath Interstate 580 connecting the Dublin and Pleasanton segments of the trail. The Public Works Department has determined that the work under this contract is now complete and ready for acceptance.

STAFF RECOMMENDATION:

Accept the improvements under Contract No. 11-05 Alamo Canal Trail I-580 Undercrossing Project, with Proven Management Inc., and authorize the release of retention after 35 days if there are no subcontractor claims.



4.4.

Amendment of City Policies Prohibiting City Councilmembers from Engaging in Political Activities During City Council Meetings, at the Civic Center and While Representing the City in an Official Capacity [STAFF REPORT]

The City Council will consider adoption of 2 resolutions that implement changes to existing policies prohibiting City Councilmembers from engaging in political activities during City Council Meetings, at the Dublin Civic Center, and while acting in an official capacity.

STAFF RECOMMENDATION:

Adopt Resolution Amending and Restating the Rules for Conduct of Meetings of the City Council; and, adopt Resolution Amending and Restating the Policy Prohibiting City Councilmembers From Engaging in Political Activities at the Civic Center and While Representing the City in an Official Capacity.



4.5.

Public Safety Complex Demolition Project, Contract No. 13-02 Award of Bid [STAFF REPORT]

Staff is seeking City Council authorization to award the Public Safety Complex Demolition Project, Contract No. 13-02. The demolition project is the first phase of the improvements in the Public Safety Complex Capital Improvement Project for the development of a Joint Use Public Safety Complex with Alameda County Fire Administration at 6363 Clark Avenue.

STAFF RECOMMENDATION:

Adopt Resolution Awarding the Public Safety Complex Demolition Project, Contract No. 13-02 to Central Valley Environmental Group, Inc. (“CVE Group”).



4.6.

Passatempo Park Authorization to Bid Contract No. 13-03 [STAFF REPORT]

Staff is seeking City Council authorization to bid the construction of Passatempo Park, which is a 5.1-acre neighborhood park in the Sorrento East Development. Construction of the park is paid for with Public Facility Impact fees collected on new development.

STAFF RECOMMENDATION:

Authorize Staff to advertise Contract No. 13-03, Passatempo Park.



4.7.

Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, Approval of Stormwater Treatment Measures Maintenance Agreement, and Acceptance of Park Land In-Lieu Fees for Tract 8093, Brannigan Street [STAFF REPORT]

Lennar Homes of California, Inc., a California Corporation is filing Final Map 8093 to subdivide Parcel one of Parcel Map 9451 into 19 residential lots. Tract 8093 is located along the west side of Brannigan Street near the intersection of Gleason Drive. Lennar Homes of California, Inc. will also be constructing certain public improvements on Brannigan Street and Gleason Drive with this project.

STAFF RECOMMENDATION:

Adopt Resolution Approving Final Map and Tract Improvement Agreement for Tract 8093, Brannigan Street; adopt Resolution Approving Agreement for Long-Term Encroachment for Landscape Features with Tract 8093; adopt Resolution Approving Stormwater Treatment Measures Maintenance Agreement with Brannigan Street-Tract 8093; and, adopt Resolution accepting Park Land In-Lieu Fees for Park Land Dedication Requirements for Tract 8093.



4.8.

Community Grants Program Subcommittee Recommendations for the Use of Community Development Block Grant (CDBG) Funds for Fiscal Year 2013-2014 [STAFF REPORT]

The City Council Grants Program Subcommittee was created to provide policy and grant funding recommendations to the full City Council. On February 11, 2013, the Community Grants Program Subcommittee comprised of Mayor Sbranti and Councilmember Hart, held a public meeting related to the Fiscal Year 2013-2014 Community Grants Program. The Subcommittee reviewed information provided by Staff and received agency presentations on applications for grant funding. After discussion, the Subcommittee recommended to support 6 social service organizations with activities that meet the eligibility requirements for the use of Federal Community Development Block Grant (CDBG) funds. The Subcommittee’s recommendations for support to agencies through the Housing In-Lieu funds and the General Fund will be considered by the City Council at a later date. The Subcommittee further asked Staff to explore options for funding art and music program proposals that were submitted by several of the grant applicants with other funding sources that may be eligible for arts and music type projects. This Staff Report covers the CDBG recommendations only.

STAFF RECOMMENDATION:

1) Approve the Subcommittee’s recommendation to fund the programs and service agencies identified below; 2) Direct Staff to submit applications to the Alameda County Department of Housing and Community Development (HCD) for $62,542 in CDBG funding for Fiscal Year 2013-2014 and 3) Should there be a further decrease in the CDBG allocation that the percentage of the decrease be distributed evenly across all of the programs (with the allowance for rounding and compliance with program guidelines in coordination with HCD): Axis Community Health - Medical Enrollment Assistance, $10,000; Bay Area Community Services Valley Creative Living Center, $ 3,500; CALICO - Child Abuse Intervention,$ 5,000; Open Heart Kitchen - Lunch and Hot Meals Program, $10,000; Senior Support Program - Case Management, $10,209; Spectrum Community Services - Meals on Wheels, $ 6,475; Housing Rehabilitation (administered by the County), $10,758; Program Administration, $ 6,600; TOTAL:$62,542.





5.

WRITTEN COMMUNICATION - None.





6.

PUBLIC HEARINGS - None.





7.

UNFINISHED BUSINESS



7.1.

Adopt Mitigated Negative Declaration and Approve Preliminary Engineering Plans for the Dougherty Road Improvements Project [STAFF REPORT] [STAFF REPORT]

The City Council will consider adoption of Mitigated Negative Declaration and approval of preliminary engineering plans for the Dougherty Road Improvements project from Sierra Lane to North City Limit (the Project). City consultants have completed the preliminary engineering plans and prepared the Project Draft Mitigated Negative Declaration which was noticed and circulated for a 30-day public review period, from November 5, 2012 to December 5, 2012. Adoption of the Mitigated Negative Declaration and approval of the preliminary engineering plans would allow the Project to move forward to subsequent stages; right-of-way engineering, appraisal for necessary property acquisition and environmental permitting.

STAFF RECOMMENDATION:

Adopt Resolution that both Adopts the Mitigated Negative Declaration and Approves Preliminary Engineering Plans for the Dougherty Road Improvements Project.





8.

NEW BUSINESS



8.1.

Smoking Pollution Control Ordinance Report for Apartment Housing [STAFF REPORT]
[STAFF REPORT]

On July 19, 2011, the Dublin City Council adopted an ordinance that amended Chapter 5.56 of the Dublin Municipal Code, titled Smoking Pollution Control, which required that apartment complexes (with 16 or more units) designate 75% of their units as non-smoking by January 1, 2013. The City Council will receive a report outlining compliance with the ordinance provisions. The City Council will also consider whether apartment complexes should be required to continue to submit an annual Smoking Pollution Control Ordinance compliance report.

STAFF RECOMMENDATION:

Receive the report; and, provide direction to Staff whether to continue the requirement for apartment complexes to submit an annual compliance report.



8.2.

“Live Healthy Dublin: 10 Week Wellness Challenge” [STAFF REPORT]

The City of Dublin’s Parks and Community Services Department has created a new program, Live Healthy Dublin and the “10 Week Wellness Challenge.” The “10 Week Wellness Challenge” will take place from March 17 to May 25, 2013, with the kick-off at the Shamrock 5K Fun Run and Walk on March 17, 2013. The closing event will be at the Dublin Farmers’ Market on Thursday, May 30, 2013.

STAFF RECOMMENDATION:

Receive the report.





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.