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HomeMy WebLinkAbout07-19-2011 CC AgendaREGULAR MEETING Tuesday, July 19, 2011 DUBLIN CIVIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL 0 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 ofprojects 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 & CLOSED SESSION 6:30 P.M. I. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: City of Dublin v. AA Label, Inc., Alameda County Superior Court, RG11561163 I1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Concerned Dublin Citizens, et. al v. City of Dublin, et al. (Alameda County Superior Court, RG11581959) III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3360 Maguire Way, #237, Dublin Agency negotiator: City Manager 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 Incoming Garrison Commander, Lt. Col. David James (700-10) The current Garrison Commander of Camp Parks, Lt. Col. Michael Friend, will be introducing incoming Garrison Commander Lt. Col. David James. STAFF RECOMMENDATION: Welcome the incoming Camp Parks Garrison Commander, Lt. Col. David James, to the City. 3.2 Annual Report by Youth Advisory Committee (110-10) Members of the City's Youth Advisory Committee will present an Annual Report on the Advisory Committee's activities and accomplishments during the past year. STAFF RECOMMENDATION: Receive the report. 3.3 After Action Report on July 4, 2011 Public Safety and Staff Activities (540-10) Staff will present a report on the Public Safety and Staff actions associated with July 4, 2011 activities within the City of Dublin. STAFF RECOMMENDATION: Receive the report. July 19, 2011 Dublin City Council Agenda Page 1 of 6 3.4 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 June 7, 2011 STAFF RECOMMENDATION: Approve minutes. 4.2 Approval of Improvement Agreement for Positano Parkway/Croak Road Extension and Fallon Road Improvements, Neighborhoods D and E, Parcel Map 10049, Positano/Fallon Village (600-60) Braddock and Logan Services, Inc., dba Dublin RE Investors, LLC, has executed an improvement agreement to construct street improvements on Positano Parkway, Croak Road, and Fallon Road in order to accommodate development within Neighborhoods "D" and "E", Parcel Map 10049, of the Positano/Fallon Village Development. STAFF RECOMMENDATION: Adopt Resolution Approving the Improvement Agreement for Positano Parkway/Croak Road Extension and Fallon Road Improvements, Neighborhoods D and E, Parcel Map 10049, Positano/Fallon Village. 4.3 Waiver of Competitive Bid Process and Authorization of Staff to Purchase Marked Police Vehicles Directly from Vendor (380-20) The City routinely reviews fleet vehicles for potential replacement. Staff has scheduled four „marked police vehicles for replacement during Fiscal Year 2011-2012 based upon general vehicle condition and history of maintenance and repair expenses. Staff is requesting the City Council waive the competitive bidding process and authorize the purchase of vehicles from Bob Wondries Ford, Alhambra, CA. STAFF RECOMMENDATION: Adopt Resolution Authorizing Staff to Purchase Four Specialized Police Vehicle from Bob Wondries Ford and Declaring Vehicles Replaces as Surplus Property. The City Purchasing Ordinance provides the City Council with authority to waive the competitive bid process by a four -fifths [4/5] vote specifically for the purchase of vehicles. 4.4 Resolution Setting a Public Hearing on the Formation of the Fallon Crossings Geologic Hazard Abatement District (620-20) The developer of the Fallon Crossings Development (Tract 7617), in accordance with the conditions of approval for the project, has submitted a petition to create the Fallon Crossings Geologic Hazard Abatement District (GRAD), encompassing the property within the development. This item is the first step in the process of the GHAD formation. State law requires that the City Council adopt a resolution setting a public hearing to consider the formation and that the City notify the property owners within the territory to be included in the GHAD. STAFF RECOMMENDATION: Adopt Resolution Setting a Public Hearing on the Formation of the Fallon Crossings Geologic Hazard Abatement District. 4.5 Adoption of Ordinance Amending Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) (560-90) The City Council will consider adopting an ordinance amending the Smoking Pollution Control Ordinance to increase the requirement on the percentage of apartment residences that must be designated as non-smoking units from 50% to 75%, which would be accomplished on or before January 1, 2013. This is the second reading of this ordinance. July 19, 2011 Dublin City Council Agenda Page 2 of 6 STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. 4.6 Purchase Order with Lincoln Equipment for Pool Chemicals (380-20) The City has received bids from three vendors to provide chemical delivery services for the Dublin Swim Center. The lowest bid was received from Lincoln Equipment. STAFF RECOMMENDATION: Adopt Resolution Approving the Purchase Order with Lincoln Equipment for Pool Chemical Delivery Services. 4.7 Civic Center Generator Project — Agreement for Consultant Services (600-30) The City Council will consider an Agreement for consultant Services with O'Mahony & Myer to prepare plans and specifications for replacement and upgrades to the Dublin Civic Center emergency generator. STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement with O'Mahony & Myer for the Civic Center Generator Project. 4.8 Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long -Term Encroachment for Landscape Features, and Acceptance of Parkland Dedication Credits for Tract 7983, Sorrento East -Neighborhood 11 (600-60) Standard Pacific Corp., a Delaware Corporation, is filing Final Map 7983 to subdivide Parcel 6 of Tract 7982 into 102 lots. Tract 7983 is bounded on the west by Grafton Street, on the south by Giovanni Way, on the east by Lee Thompson Street, and on the north by Capoterra Way. Standard Pacific will also be constructing certain public improvements on Grafton Street and Giovanni Way that were required for Tract 7892. STAFF RECOMMENDATION: Adopt Resolution Approving Final Map and Tract Improvement Agreement for Tract 7983; Sorrento East -Neighborhood 11; adopt Resolution Approving Agreement for Long -Term Encroachment for Landscape Features with Tract 7983; and adopt Resolution Accepting Park Land Dedication Credits for Park Land Dedication Requirements for Tract 7983 (Sorrento East -Neighborhood 11: Standard Pacific Corp.) 4.9 Approval of Consultant Agreement for Design Engineering Services with Harris and Associates for the Citywide Storm Drain Condition Assessment, CIP No. 960017 (600-30) The Citywide Storm Drain Assessment is a multi -year project that provides for phased inspection, assessment and repairs of the City's storm drain system. Approval is needed by the City Council for a consultant contract with Harris and Associates to complete an assessment and prioritization report and to undertake the design and engineering plans for repairs to be undertaken in Fiscal Year 2011-2012. STAFF RECOMMENDATION: Adopt Resolution Approving Agreement with Harris and Associates for the Citywide Storm Drain Condition Assessment, CIP Project 960017. 4.10 Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long -Term Encroachment for Landscape Features, and Acceptance of Parkland Dedication Credits for Tract 7652, Sorrento East -Neighborhood 6 (600-60) Standard Pacific Corp., a Delaware Corporation, is filing Final Map 7652 to subdivide Parcel 1 of Tract 7982 into 102 lots. Tract 7652 is bounded on the west by Grafton Street, the south by Palermo Way, on the east by, and on the north by Gleason Drive. Standard Pacific will also be constructing certain public improvements on Palermo Way, Lee Thompson Street and the Streambed Pathway along Gleason Drive and Lockhart Street that were required for Tract 7892. STAFF RECOMMENDATION: Adopt Resolution Approving Final Map and Tract Improvement Agreement for Tract 7652, Sorrento East -Neighborhood 6; adopt Resolution Approving Agreement for Long -Term Encroachment for Landscape Features with Tract 7652; and adopt Resolution Accepting Park Land Dedication Credits for Park Land Dedication Requirements for Tract 7652 (Sorrento East -Neighborhood 6: Standard Pacific Corp.). July 19, 2011 Dublin City Council Agenda Page 3 of 6 4.11 Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long -Term Encroachment for Landscape Features, and Acceptance of Parkland Dedication Credits for Tract 8065, Sorrento East -Neighborhood 8 South (600-60) D.R. Horton Bay, Inc., a Delaware Corporation is filing Final Map 8065 to subdivide Parcel 9 of Tract 7982 into 76 lots. Tract 8065 is the southern portion of Neighborhood 8 in the Sorrento East project and is bounded on the west by Grafton Street, the south by Capoterra Way and on the east by Lee Thompson Street. D.R. Horton Bay, Inc. will also be constructing certain public improvements on Grafton Street and Capoterra Way that were required for Tract 7892. STAFF RECOMMENDATION: Adopt Resolution Approving Final Map and Tract Improvement Agreement for Tract 8065, Sorrento East -Neighborhood 8 South; adopt Resolution Approving Agreement for Long=Term Encroachment for Landscape Features with Tract 8065; and adopt Resolution Accepting Park Land Dedication Credits for Park Land Dedication Requirements for Tract 8065. 4.12 Acceptance of Improvements for Parcel Map 9827, Fallon Gateway, and Approval of Regulatory Traffic Control Devices (600-60) The Stanforth Holding Company, LLC, and Whiting -Turner Contracting Company have constructed the improvements on Dublin Boulevard and Fallon Road in accordance with the Tract Improvement Agreement for Parcel Map 9827, Fallon Gateway. It is now appropriate for the City to accept these improvements. STAFF RECOMMENDATION: Adopt Resolution Approving Acceptance of Improvements for Parcel Map 9827, Fallon Gateway, and Approval of Regulatory Traffic Control Devices. 4.13 Approval for Plan to Use 2009-2010 Proposition 1B — Local Streets and Roads Program Funds and Approval of Consultant Agreement for Engineering Services with BKF Engineers for the West Dublin BART Golden Gate Drive Improvements Project, CIP No. 960027 (600-30) The City of Dublin is scheduled to receive approximately $648,618 as part of the distribution of State Proposition 1B (Prop 1B) Local Streets and Roads Program funds. The City is proposing that these funds be allocated to the West Dublin BART Golden Gate Drive Improvements Project. One of the requirements of the Prop IB program is that the local entity must approve a plan identifying the project or projects intended to be completed using these bond proceeds. City Council approval is also needed to secure consultant engineering services, and an agreement with BKF Engineers is recommended to complete the design phase of the project. STAFF RECOMMENDATION: Adopt Resolution Approving a Plan to Use 2009-2010 Proposition 1B — Local Streets and Roads Program Funds; and adopt Resolution Approving Agreement with BKF Engineers to Provide Consulting Services for the West Dublin BART Golden Gate Drive Improvements Project. 4.14 Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long -Term Encroachment for Landscape Features, and Acceptance of Parkland Dedication Credits for Tract 7656, Sorrento East -Neighborhood 10 (600-60) SR Structured Lot Options I LLC, A Delaware Limited Liability Company is filing Final Map 7656 to subdivide Parcel 5 of Tract 7982 into 57 lots. Taylor Morrison of California, LLC, will take title of Tract 7656 upon its recordation and will serve as the developer. Tract 7656 is bounded on the west by Lee Thompson Street, on the south by Central Parkway, and on the east by Lockhart Street. Taylor Morrison of California, LLC, will also be constructing certain public improvements on Lee Thompson Street that were required for Tract 7982. July 19, 2011 Dublin City Council Agenda Page 4 of 6 STAFF RECOMMENDATION: Adopt Resolution Approving Final Map and Tract Improvement Agreement for Tract 7656, Sorrento East -Neighborhood 10; adopt Resolution Approving Agreement for Long -Term Encroachment for Landscape Features with Tract 7656; and adopt Resolution Accepting Park Land Dedication Credits for Park, Land Dedication Requirements for Tract 7656 (Sorrento East -Neighborhood 10 (North): SR Structured Lot Options I LLC). 4.15 Final Fiscal Year 2010-2011 Goals and Objectives Quarterly Report and Capital Improvement Projects Status through June 30, 2011 (100-80) The City Council will receive a final quarterly status report on the adopted Fiscal Year 2010- 2011 Goals and Objectives and Capital Improvements Projects. The report includes the current status of the year's adopted objectives. The report also includes the status of funded Capital Improvement Projects. STAFF RECOMMENDATION: Receive the status report. 4.16 Check Issuance Reports and Electronic Funds Transfers (300-40) STAFF RECOMMENDATION: Review and authorize the issuance of payments. 4.17 Second Amendment to Agreement for Legal Services and Appointment of Stephen Muzio as Assistant City Attorney (600-30) Meyers Nave, the law firm that has served as Dublin's City Attorney since its incorporation, has requested that the City Council consider amending its legal services agreement with the City to increase the hourly rates by 1.95% for general legal services and 2.02% for litigation and for work for which the City is reimbursed by third parties. The City Attorney is also requesting that the City Council accept the resignation of Libby Silver, the current Assistant City Attorney and former City Attorney, and appoint Stephen Muzio as the Assistant City Attorney. STAFF RECOMMENDATION: Approve Second Amendment to Agreement for Legal Services; and adopt Resolution Accepting the Resignation of Elizabeth H. Silver as Assistant City Attorney and Appointing Stephen Muzio as Assistant City Attorney. 5. WRITTEN COMMUNICATIONS 5.1 Baseball Stadium Concept Proposal by Centerfield Partners (130-60) On June 1, 2011, the City Manager received a letter from Centerfield Partners, a company that desires to own and operate an Independent Minor League baseball team in Dublin. Brian Clark, the CEO of Centerfield Partners LLC asked the City Manager to bring an item to the City Council to discuss whether they support the concept of a baseball stadium in the City. STAFF RECOMMENDATION: Provide direction to Staff regarding interest in a minor league baseball stadium in Dublin. 6. PUBLIC HEARINGS — None. 7. UNFINISHED BUSINESS 7.1 Automatic External Defibrillator Program Options (520-70) In March 2011, the Dublin City Council directed Staff to form a joint task force comprised of City Staff, the Dublin Chamber of Commerce, Alameda County Emergency Medical Services (EMS), and the Alameda County Fire Department. The purpose of the Task Force is to increase the number of Automatic External Defibrillators (AED) in the community, increase the awareness level of the business community as to the importance of AEDs and provide informational material on the County's Public Access Defibrillator (PAD) program for those interested in making AEDs available at their place of business. STAFF RECOMMENDATION: Review the report and provide Staff with direction. July 19, 2011 Dublin City Council Agenda Page 5 of 6 8. NEW BUSINESS 8.1 Converting the Temporary Policy for the Rental of Below Market Rate Ownership Units into a Standard City Policy (430-80) Due to the continuing slow -down in the housing market, for -sale Below Market Rate (BMR Sale Unit) owners desiring to sell their BMR Sale Unit are having difficulty finding qualified buyers willing to purchase the units at the restricted resale price. Qualified buyers would rather purchase market rate homes free of resale restrictions rather than a BMR Sale Unit that is priced close to or above market rate prices. To assist BMR Sale Unit owners who are having difficulty in finding qualified buyers, the City Council adopted and subsequently extended a temporary policy for BMR Sale Unit owners to rent their units. Owners can rent their units for two-year intervals if they satisfy requirements set forth in the temporary policy. Based on Staff s research, it is recommended that the temporary policy be converted into a standard City policy. STAFF RECOMMENDATION: Receive Staff presentation and adopt Resolution Establishing a Policy for the Rental of Below Market Rate Ownership Units by Owners Unable to Sell their Units at the Restricted Resale Price 8.2 City Council Ad -Hoc Committee Assignments for Economic Development, Social Media Communications, and Wine Region Connectivity (110-30) On June 21, 2011, the City council adopted the Fiscal Year 2011-2012 Budget which included new strategic'and operational initiatives that warrant additional policy guidance and direction from the City Council. Staff is proposing the formation of three ad -hoc committees to address these initiatives — Economic Development, Social Media Communications and Wine Region Connectivity. STAFF RECOMMENDATION: Adopt Resolution Establishing Ad -Hoc Committees for Economic Development, Social Media Communications and Wine Region Connectivity and Accept the Mayor's Appointments. 8.3 Approval of Traffic Control on Lockhart Street (820-80) In preparation for the opening of the new Kolb Elementary School on Palermo Way in eastern Dublin, it is recommended that stop signs be added on Lockhart Street at Palermo Way to help facilitate safe ingress and egress to the school site for pedestrians, bicyclists and motorists. STAFF RECOMMENDATION: Adopt Resolution Amending the Dublin Traffic Code Designating the Lockhart Street/Palermo Way Intersection as Stop -controlled on All Approaches. 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. July 19, 2011 Dublin City Council Agenda Page 6 of 6