HomeMy WebLinkAbout*CC Agenda 05-19-2009REGULAR MEETING
Tuesday, May 19, 2009, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
'~ A G E N D A ~'~
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CALL TO ORDER & CLOSED SESSION (6:30 p.m.)
I. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
Government Code section 54956.9, subdivision (a)
Name of Case: Toll-Dublin, LLC v. City of Dublin, Alameda Superior Court Case No. RG
09448044
II. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 2009 Business Anniversary Awards (610-50)
The City Council will receive a presentation from Staff to local businesses to recognize the
significant anniversary milestones of 20 and 30 years of doing business in Dublin.
STAFF RECOMMENDATION: Recognize those businesses that have been in Dublin for 20
and 30 years.
3.2 Proclamation for National Older Americans Month (610-50)
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 irr 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.
May 19, 2009 Dublin City Council Agenda Page 1 of 4
4.1 Minutes of Regular Meetings of March 17, 2009, Apri17, 2009 and Apri121, 2009
STAFF RECOMMENDATION: Approve Minutes.
4.2 Award of Bid -Contract No. 09-03, Dublin Sports Grounds Renovation -Snack Bar and
Restrooms Remodel (600-35)
Ten bids were received for the Dublin Sports Grounds Renovation -Snack Bar and
Restrooms Remodel, of which the lowest responsive bid was submitted by Home Line, Inc.,,
for $64,900, including the Add Alternate scope of work.
STAFF RECOMMENDATION: 1) Reject the bid protest by CBC Construction Co., Inc.,
against the second lowest bid; 2) Approve a Budget Change in the amount of $14,000; and 3)
Adopt Resolution Awarding Contract No. 09-03, Dublin Sports Grounds Renovation -Snack
Bar and Restrooms Remodel to Home Line, Inc., as the Lowest Responsible Bidder.
4.3 Annual Review of Existing Building and Safety Consultants (600-30)
The City. Council will review existing Building and Safety Consultants and determine if the
contracts should be continued.
STAFF RECOMMENDATION: Approve the continuation of contracts with no rate increase for
4Leaf Inc., Precision Inspection Company, Inc., Shums Coda Associates Inc., and Bureau
Veritas North America, Inc. for Building and Safety Services for the City of Dublin.
4.4 Award of Bid -Contract No. 09-05, San Ramon Road Trail Improvements - AC Path
Repair and Sealing (600-35)
This project will repair and construct improvements to the bicycle/pedestrian path along the
west side of San Ramon Road. The first phase of this project cut the roots from trees that had
damaged the asphalt path and installed vertical root barriers to protect the path in the future.
This phase of the project will repair the damaged asphalt within the path and place a seal coat
over the entire path. The City Council will consider awarding the contract for this work to the
apparent low bidder, Union City Construction.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 09-05, San Ramon
Road Trail Improvements - AC Path Repair and Sealing, to Union City Construction as the
Lowest Responsible Bidder.
4.5 Award of Bid -Contract No. 09-07, 2008-2009 Annual Street Overlay Program (600-35)
This program will remove and replace failed asphalt concrete pavement, resurface the entire
street with 1-1 /2" of asphalt concrete, and restripe pavement markings on various City streets.
Segments of storm drain pipe will also be replaced as part of this program.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 09-07, 2008-2009
Annual Street Overlay Program, to DSS Company, dba Knife River Construction, As The
Lowest Responsible Bidder.
4.6 Award of Bid -Contract No. 09-06, 2008-2009 Annual Sidewalk Safety Repair Program
and Curb Ramp Installation (600-35)
The Annual Sidewalk Safety Repair Program (Remove and Replace) repairs sidewalk offsets
of 3/4-inch. or more that may pose a tripping hazard. This year's Sidewalk Safety Repair
Program will include the construction of approximately 11 pedestrian curb ramps and the
retrofitting of 30 existing ramps to comply with current code requirements. The City Council
will also consider adding more curb ramp locations and sidewalk repairs to this contract.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 09-06, 2008-2009
Annual Sidewalk Safety Repair Program and Curb Ramp Installation to Maxistone Inc., DBA
Maxicrete, Inc., and authorize the City Manager to approve a potential Change Order in an
amount not to exceed $32,300 for the installation of additional curb ramps and sidewalk
replacement.
4.7 Acceptance of Work -Contract No. 07-02, Shannon Community Center Project (600-35)
The construction is complete and the final costs for the project are $8,994,690, which is
within the current project budget. Staff is requesting the City Council authorize the City
Manager to accept all final improvements to allow Staff to file the notice of completion.
May 19, 2009 Dublin City Council Agenda Page 2 of 4
STAFF RECOMMENDATION: Authorize Staff to accept a maintenance bond in the amount of
$899,477 at a future date; and adopt Resolution regarding Acceptance of Work -Contract No.
07-02, Shannon Community Center Project
4.8 Warrant Register ($3,665,572.78) dated May 19, 2009 (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS -None.
6. PUBLIC HEARINGS
6.1 An Ordinance Adding New Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal
Code relating to Underage Drinking (560-80)
The City Council will consider an urgency ordinance and a regular ordinance to add Chapter
5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage Drinking to
address the problem of underage drinking. in the community. The ordinance serves as an
additional law enforcement option in response to gatherings at which minors illegally
consume alcohol.
STAFF RECOMMENDATION: The City Council 1) receive Staff presentation; 2) open public
hearing; 3) receive public testimony; 4) close public hearing and deliberate; 5) waive reading and
adopt the Urgency Ordinance Adding Chapter 5.94 (Social Host Ordinance) to the Dublin
Municipal Code relating to Underage Drinking (Attachment 1); and 6) waive reading and
introduce the non-urgency Ordinance Adding Chapter 5.94 (Social Host Ordinance) to the
Dublin Municipal Code relating to Underage Drinking (Attachment 2).
7. UNFINISHED BUSINESS
7.1 Amendments to the Tri-Valley Transportation Council (TVTC) Joint Exercise of Powers
Agreement (JEPA) (600-40)
This item presents amendments to the Tri-Valley Transportation Council (TVTC) Joint
Exercise of Powers Agreement. The City Council will consider adopting a resolution
supporting the proposed amendments and authorizing the Dublin City to representative to the
TVTC to endorse the amendments at the TVTC Public Hearing.
STAFF RECOMMENDATION: Adopt Resolution Supporting Amendments to the Tri-Valley
Transportation Council Joint Exercise of Powers Agreement and Authorizing the Dublin
Representative to Endorse Said Amendments at the Tri-Valley Transportation Council Public
Hearing.
7.2 Award of Bid -Contract No. 08-18, East & West Dublin BART Corridor Enhancements
(CIP Nos. 96011 & 96012) (600-35)
The. East & West Dublin BART Corridor Enhancement Project will enhance a variety of
transportation modes, including pedestrian, transit and bicycle facilities located on Dublin
Boulevard leading to the East and West Dublin BART Stations. Dublin Boulevard will
receive new City entrance signs, bridge railing treatments, a gateway feature at the
intersection of Dublin Boulevard and Dougherty Road, and City identity markers from
Hansen Drive to Tassajara Road. The City Council will consider awarding this contract to the
low bidder, Suarez and Munoz Construction, Inc.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 08-18 East & West
Dublin Bart Corridor Enhancements (CIP Nos. 96011 & 96012) to Suarez & Munoz
Construction, Inc. as the Lowest Responsible Bidder.
May 19, 2009 Dublin City Council Agenda Page 3 of 4
8. NEW BUSINESS
8.1 Designation of Two Councilmembers as City Representatives to Discuss Compensation
with City Attorney (610-30)
This item provides for two members of the City Council as the City's representatives to
discuss terms of the City Attorney's contract, including compensation, with the City Attorney.
STAFF RECOMMENDATION: By motion, designate two members of the City Council as City
representatives to discuss compensation with the City Attorney.
8.2 Resolution Finding Severe Fiscal Hardship Will Exist From Potential State Property Tax
Raid (330-80)
The City Council will consider a resolution determining that a severe fiscal hardship will exist
if the Department of Finance recommendation to "borrow" $2 billion of local property taxes
($2 million from the City of Dublin) is supported by the Governor and the California
Legislature.
STAFF RECOMMENDATION:. Adopt Resolution Finding a Severe Fiscal Hardship Will Exist
If Additional Local Property Tax Funds Are Seized And Additional Unfunded Mandates Are
Adopted by the State of California.
8.3 Eastern Dublin Transit Center Traffic Impact Fee Reduction Study (390-20)
In adopting the 2009 Update of the Eastern Dublin Traffic Impact Fee, the City Council
directed Staff to prepare a work plan to develop a fee reduction for the Eastern Dublin Transit
Center for City Council review and possible implementation. Accordingly, the plan,
including a schedule and costs, will be presented to the City Council for review and approval.
STAFF RECOMMENDATION: Adopt Resolution Approving Work Plan for Eastern Dublin
Transit Center Traffic Impact Fee Reduction Study and Authorizing Staff to Complete Study.
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 Sgt. Jim Jukich, 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 Prinfed 5/14/2009 3:53:04 PM
Mission
The Ciry 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 sustainabiliry 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.
May 19, 2009 Dublin City Council Agenda Page 4 of 4