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HomeMy WebLinkAbout*CC Agenda 06-21-2005REGULAR MEETING Tuesday, June 21, 2005, 7:00 p.m. DUBLIN CIVIC C17d' M' 100 Civic Plaza DUBLIN CITY COUNCIL 0 AGENDA 0 • Agendas are posted on the City's Internet Website (www. eL dublin. ca. us) NOTE: Agendas pasted on the Website are provided as apublic 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 e 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 prior to a Council meeting in the City Clerk's Office and also at the Dublin Library. CALL TO ORDER & CLOSED SESSIQN 6:30 .m. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION— Govemment Code Section 54957 Title: City Attomey 1. CALL TO ORDER & PIED E OF ALLE LANCE TO THE FLAG 2. REPORT OF CLOSED SE5SION ACTION 3. ORAL COMMUNICAMNS 3.1 Mayor's Appointment of Student Member to Parks & Community Services Commission (File # 110 -30) Ten applications were received for the student member to the Parks & Community Services Commission for a term beginning July 1, 2005. The Mayor recommends the appointment of Brianna Hart. STAFF RECOMMENDATION: Confirm Mayor's appointment. 3.2 Creekside Memorial Park Cemetery Presentation (File # 420 -50) Come Development will provide the Council with a presentation describing a proposed regional cemetery project in unincorporated Contra Costa County on Camino Tassajara near the common Contra Costa County /Alameda County lines. STAFF RECOMMENDATION: Adopt Resolution supporting approval of the cemetery. 3.3 Proclamation declaring July as Parks and Recreation Month in the City of Dublin (File # 610 -50) 3.4 Appointment of Dublin Members to LAVTA's WHEELS Accessible Advisory Committee (WAAC) (File # 110 -30) WAAC Committee Members advise the LAVTA Board of Directors on matters relating to VJ- EELS bus system accessibility and Dial -A -Ride services as they pertain to the elderly and persons with disabilities. Each of the participating agencies appoint two members and one alternate to the Committee. At this time, the Mayor recommends the appointment of Ray Garret for a two -year term (expiring in June 2007) as one of the City's member representatives and the appointment of Shawn Costello as alternate. STAFF RECOMMENDATION: Confirm appointment of Ray Garret as member and Shawn Costello as alternate. 3.5 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. COMM SHOULD NOT EXCEED 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 noncontroversial 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, 2005 STAFF RECOMMENDATION: Approve 4.2 Award of Bid — Contract 05 -06, Striping and Marking Contract (File # 600 -35) This contract is a 3 -year Agreement for replacing existing pavement striping and markings throughout the City as needed. Chrisp Company submitted the low bid of $133,425 for the 3- year term. STAFF RECOMMENDATION: Adopt RcsolUtion awarding contract. 4.3 Third Amendment to Construction Truck Access Agreement with Windemere BLC Land Company, LLC, A California Limited Liability Company (File # 600 -30) This item is to approve a third amendment to the current agreement between the City of Dublin and Windemere BLC Land Company to allow the developer to continue using Daugherty Road within the City limits to haul concrete and paving materials to the Windemere Ranch Development site in Contra Costa County through June 30, 2006. The developer is agreeing in return to mitigate prior impacts to Dougherty Road pavement conditions from truck deliveries under the current agreement and guarantee fair -share compensation for any additional pavement damage occurring during Fiscal Year 2005 -06, STAFF RECOMMENDATION; Adopt Resol i n approving Third Amendment to Agreement and approve Budget Change in the total amount of $2,670 to the General Fund. 4.4 Fee Adjustments to Existing Planning Division Consultant Agreements for Overflow Services in the Community Development Department and a Revised Contract for David Babcock and Associates (File # 600 -30) The City Council will consider a fee increase for the City's Planning Consulting Firms and will consider approving a revised contract for David Babcock and Associates. STAFF RECOMMENDATION: Adopt j olutiontsl approving agreements and authorize the Community Development Director to execute on behalf of the City. 4.5 Approval of New Consulting Services Agreement with T" Transportation Consultants for Traffic Engineering Services (File it 600 -30) TJKM Transportation Consultants has provided traffic engineering services to the City since 1983. These services include private development traffic studies, Capital Project traffic analysis, and general traffic engineering tasks. The Council will consider entering into a new 2 -year Consulting Services Agreement. STAFF RECOMMENDATION: Adopt Resolution approving Agreement. 4.6 Amendments to City's Salary Plan for Fiscal Year 2005 -06 (File # 700 -20) The City Council will consider amending the City's Salary Plan for Full -Time, Management Personnel and Part-Time personnel based on a market survey effective July 1, 2005. STAFF RECOMMENDATION: Adopt Resolution(s). 4.7 Amendment to Agreement with Tri- Valley Janitorial Services (File # 600 -30) This amendment provides for a proposed cost -of- living increase and changes to the scope of services provided by Tri- Valley Janitorial Services. The cost of janitorial services is budgeted in the operating budgets for individual City facilities_ STAFF RECOMMENDATION: Adopt Iboolution approving amendment to Agreement. 4.9 Amendment to Agreement with Tru -Green LandCare for Assessment District Landscaping Maintenance (File # 600 -30) The City entered into an Agreement with Tru -Green LandCare in November 2002 for landscaping maintenance services in the Stagecoach and Dougherty Assessment Districts. It is proposed to extend the agreement until June 30, 2006, with a 1.61/o increase in rates as provided for by the Agreement. STAFF RECOMMENDATION: Adopt Resolution approving amendment to Agreement. 4.9 Consulting Services Agreement with Omni - Means, LTD, for Traffic Engineering Services (File # 600 -30) Omni - Means, LTD, has provided traffic engineering services to the City since 1996. These services include peer review, preparation of traffic studies, or other traffic - refitted services associated with private development projects in eastern and downtown Dublin. The Council will consider entering into a new 2 -year Consulting Services Agreement. STAFF RECOMMENDATION: Adopt Resolution approving Agreement. 4.10 Amendment to Agreement with Zumwalt Engineering Group for Engineering Services (File # 600 -30) Zumwalt Engineering Group has provided the City with general civil engineering services since 1997, primarily for private development review and plan checking. As provided by the current 2 -year Agreement with the City, a rate increase is being requested for Fiscal Year 2005 -06, which is the second year of the Agreement. STAFF RECOMMENDATION: Adopt Resolution approving amendment to Agreement. 4.11 Amendment to Agreement with Kleinfelder, Inc., for Geotechnicai Engineering Services (File # 600 -30) Kleinfelder, Inc., has provided the City with geotechnical engineering services since 1996, primarily plan checking and peer review for private development, or soils engineering for Capital Improvement Program projects. As provided by the current 2 -year Agreement with the City, a rate increase is being requested for Fiscal Year 2005 -06, which is the second year of the Agreement. It is also proposed to increase the total not-to- exceed amount of the Agreement in anticipation of a greater need for Kleinfelder's services. STAFF RECOMMENDATION: Adopt Resolution approving amendment to Agreement. 4.12 Agreement with East Bay Pool Service for Pool Maintenance Services (File # 600 -30) The City has contracted with East Bay Pool Service since 1996 to provide pool maintenance services. The current agreement expires on June 30, 2005. Staff is recommending entering into a new 3 -year agreement. STAFF RECOMMENDATION: Adopt Resolution approving Agreement. 4.13 Revisions to the Personnel System (File # 720- 40/720 -60) The City Council will consider amending the City's Personnel System Rules and Benefit Plan pursuant to the Fiscal Year 2005 -06 discussions with City employees regarding wage and benefits matters. STAFF RECOMMENDATION: Adopt Resolutl n s 4.14 Citywide Street Lighting Maintenance Assessment District 83-1: Preliminary Engineer's Report (File #360 -20) This Assessment District funds the maintenance of the City's street lighting system, except for lights in Dublin Ranch and Tract 7067 (Clifden Parc). This action would approve the Preliminary Engineer's Report for 2005 -206 and set a public hearing date. The assessment for this District is proposed to remain the same as the 2004 -05 assessment. A public hearing will be held prior to the levy of assessments. STAFF RECOMMENDATION: Adopt Resolution(s) approving Preliminary Engineer's Report and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing protests of the proposed 2005 -06 assessment. 4.15 Landscaping and Lighting Maintenance Assessment District 83 -2 (Stagecoach Road): Preliminary Engineer's Report (File #360 -20) This Assessment District funds the maintenance of street -side landscaping along Stagecoach Road and on the "interior slopes" of the Dublin Hills Estates development. This action would approve the Preliminary Engineer's Report for 2005 -06 and seta public hearing date. The assessment in this District is proposed to increase by the amount of the Consumer Price Index, 2.4 %, as allowed under the terms of the Engineer's Report. A public hearing will be held prior to the levy of assessments. STAFF RECOMMENDATION: Adopt Resol t ion(s) approving Preliminary Engineer's Report and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing protests of the proposed 2005 -06 assessment. 4.16 Landscaping and Lighting Maintenance Assessment District 86 -1 (Dougherty Road): Preliminary Engineer's Report (File #360 -20) This Assessment District funds the maintenance of street -side landscaping along portions of Dougherty Road and Amador Valley Boulevard and certain common area landscaping within the Villages at the Willow Creek development. This action would approve the Preliminary Engineer's Report for 2005 -06 and set a public hearing date. The assessment in this District is proposed to increase by the amount of the Consumer Price Index, 2.4 1/4, as allowed under the terms of the Engineer's Report. A public hearing will be held prior to the levy of assessments. STAFF RECOMMENDATION: Adopt Resolution(j) approving Preliminary Engineer's Report and setting a Public Bearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing protests of the proposed 2005 -06 assessment. 4.17 Landscaping Maintenance Assessment District 97 -1 (Santa Rita Area): Preliminary Engineer's Report (File #360 -20) This Assessment District funds the maintenance of street -side landscaping within the Santa Rita development area, which is generally bounded by I -580, Gleason Drive, Arnold Road and Tassajara Road. This action would approve the Preliminary Engineer's Report for 2005- 06 and set a public hearing date. Individual assessments are proposed to increase by approximately 1.5% over the 2004 -05 assessment. A public hearing will be held prior to the levy of assessments. STAFF RECOMMENDATION: Adopt Resolut' n s approving Preliminary Engineer's Report and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing protests of the proposed 2005 -06 assessment. 4.18 Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067): Preliminary Engineer's Report (File 4360 -20) This Assessment District funds the maintenance of the City's street lighting system in Dublin Ranch and Tract 7067 (Clifden Parc). This action would approve the Preliminary Engineer's Report for 2005 -06 and set a public hearing date. The assessment in this District is proposed to increase $6.00 (40 %) per parcel above the 2004 -05 assessment, which remains below the maximum allowable assessment. A pubic hearing will be held prior to the levy of assessments. STAFF RECOMMENDATION: Adopt Reso ins approving Preliminary 'Engineer's Report and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing protests of the proposed 2005 -06 assessment. 4.19 Approval of New Consulting Services Agreement with SNG & Associates, Inc., for Engineering Services (File #600 -30) SNG & Associates has provided development engineering services to the City since 2002. These services include private development review, plan checking, and project close -out. The Council will consider entering into a new two -year agreement with SNG & Associates. STAFF RECOMMENDATION. Adopt Resolutl approving agreement. 4.20 Improvement Agreement with the Lin Family and Sierra Land Development Corporation for Central Parkway — Lockhart Street to Fallon Road, and Fallon Road — Central Parkway to Bent Tree Drive (File #600 -60) As part of the infrastructure for Dublin Ranch, the Sierra band Development Corporation has been constructing various roadway improvements for the Lin Family. The Improvement Agreement with the Lin's and Sierra Land Development Corporation will cover the construction of improvements for Central Parkway — Lockhart Street to Fallon Road, and Fallon Road — Central Parkway to Bent Tree Drive. These improvements will form the southern and eastern frontages of the Fallon Sports Park. STAFF RECOMMENDATION: Adopt Resolotioll approving the Improvement Agreement. 4.21 Acceptance of Work — Emerald Glen Park Backstop Modifications (File # 600 -35) On January 18, 2005, the City Council awarded Contract 04 -15 to Golden Bay Fence Plus Iron Works, Inc., to complete the modifications to Baseball Field B. At this time, the construction is complete and Staff is seeking City Council approval to accept the project. STAFF RECOMMENDATION: Accept final facility improvements; adopt Resolution, and authorize Staff to accept a $9,017.39 maintenance bond at a future date. 4.22 Financial Reports for the Month of May 2005 (File # 330 -50) STAFF RECOMMENDATION: Receive Reports. 4.23 Reimbursement to Alameda County Surplus Property Authority (ACSPA) for Emerald Glen Park Land (File # 600 - 30/670.30) In Fiscal Year 2004 -05, funds were budgeted to reimburse the ACSPA for the difference between the park dedication requirement associated with the Transit Center Development and park land previously dedicated for Emerald Glen Park, Based on development projections for the Transit Center Development, the amount owed to the ACSPA is $2,876,574.60. This amount will be paid from the Public Facility Impact Fee Fund_ STAFF RECOMMENDATION: Authorize payment to the ACSPA. 4.24 Warrant Register ($2,639,478.53) dated June 21, 2005 (File # 300 -40) STAFF RECOMMENDATION: Approve S. WRITTEN COMMUNICATIONS - None 6. PUBLIC HEARING 6.1 Appeal of Planning Commission Reversal of Zoning Administrator's Approval of a Conditional Use Permit (CUP) Authorizing a Parking Reduction Properties /Starbucks Coffee PA 04 -057 (File # 410 -30) Robert Enea of Enea Properties filed a Letter of Appeal of the Planning Commission denial of the CUP for a reduction in parking at 71.97 Village Parkway for a 1,886 square foot coffee retailer and caf8 (Starbuck's) in the fixture Enea Village Parkway Center. On June 7, 2005, the City Council held a public hearing on the appeal and took a straw vote to grant the appeal and uphold the Zoning Administrator's approval of the CUP with modifications. Staff was directed to return at the next meeting with a Resolution to that effect. STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution_ — OR — provide Staff with additional direction. 6.2 Amendment to Master Development Agreement for the Dublin Ranch Project (Areas A through H) PA 05 -023 submitted by James Tong on behalf of the Lin Family — Change Su- 0 (aka Jennifer) Lin, Hong Lien (aka Frederic or Frederich) Lin, and Hong Yao (aka Kevin) Lin (File # 600 -60) This is the second reading of an Ordinance which would approve an amendment to the Master Development Agreement for the Dublin Ranch Project Areas A, B, C, D, E, F, G and I). STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt Ordinance. 6.3 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6400 Dublin Boulevard (Singhs) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to I -580 (File # 670 -20) In order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the City must acquire a portion of the property at 6400 Dublin Boulevard which is situated at the southwest corner of the intersection. STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution (requires 4/5 affirmative vote to pass). 6.4 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6401 Dublin Boulevard (Gaspare) for the Widening of Dublin Boulevard and Dougherty Road (File # 670 -20) In order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the City must acquire a portion of the property at 6401 Dublin Boulevard which is situated at the northwest comer of the intersection. STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution (requires 4/5 affirmative vote to pass). 6.5 Dublin Ranch Area F North Site F -2 Development Agreement for Pulte Homes PA 04 -043 (File # 600 -60) The City Council will take action on a proposed Development Agreement between the City of Dublin and Pulte Homes, STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and INTRODUCE Ordinance. 6.6 Ordinance amending Chapter 7.36 of the Dublin Municipal Code (DMC), adopting by reference and amending the 2002 Edition of the National Electrical Code (File # 440 -10) This is the second reading of an Ordinance which would amend Chapter 7.36 of the DMC, adopting by reference the 2002 edition of the National Electrical Code. STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt Ordinance. 6.7 Amendment to the City's Retirement Contract with the Board of Administration of the California Public Employees' Retirement System (CalPERS) (File # 720 -60) The City Council will consider an Ordinance amending the City's Retirement Contract with the Board of Administration of CalPERS to implement a 2.7% @ 55 retirement formula. STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resoluti n s - 0 CalPERS Resolution of Intention, 2) Resolution for Paying and Reporting the Value of Employer Paid Member Contributions (EPMC), and 3) Resolution for an Employer Pick -up Internal Revenue Code (IRC) 414 (h) (2); waive reading and INTRODUCE Ordinance. 6.8 Ordinance Amending Sections 5.32 and 7.30 of the Dublin Municipal Code Relating to Solid Waste Management and Waste Management Plans and Consideration of it Form of Discard Material Non - Exclusive Collection Franchise Agreement (File # 810 - 20/600 -30) The City Council will consider approving the Form of a Discard Material Non - Exclusive Collection Franchise Agreement regulating the collection of construction and demolition debris and services to government facilities and related amendments to the Solid Waste and Waste Management Plan Ordinances. STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Hgolutio ; waive reading and INTRODUCE Ordinance. 7. JINFINISHED BESINESS 7.1 Dublin 'T'ransit. Center Site B Village Green Alternatives PA 03 -058 (File # 410 -30) The Dublin Transit Center Site B project area includes a 1 -acre park called the Village Green. Staff is presenting for City Council review and consideration, 3 alternative designs for the Village Green. STAFF RECOMMENDATION: Consider the 3 alternative designs and direct Staff to return to the City Council with a Site Development Review application for the preferred alternative for review approval. 7.2 Proposed Operational Guidelines for Green Building Practices for the City of Dublin Municipal Operations (Pile # 530 -10) In March of 2004, the City Council adopted the Green Building Ordinance, which created Chapter 5.61 of the Dublin Municipal Code (DMC), mandating green building practices for City projects. As a follow -up, Staff was directed to develop Operational Guidelines for Green Building Practices that would contain the implementation measures to achieve compliance with the Green Building practices that were identified as part of the Ordinance. STAFF RECOMMENDATION: Approve proposed guidelines — OR — provide additional direction to Staff. If guidelines are approved, approve budget adjustment of $50,000 from Measure D funding for Fiscal Year 2005 -06, S. NEW BUSINESS 8.1 Declaring the City of Dublin Subject to State Law Relating to Geologic Hazard Abatement Districts (File # 850 -20) The purpose of the Geologic Hazard Abatement District (GHAD) is to prevent, mitigate, abate and control geologic hazards in areas such as hillsides. Since the City may wish to consider forming such a District at some point in the future, it is necessary to adopt a Resolution declaring that the City is subject to the provisions of State Law relating to GHADs. STAFF RECOMMENDATION: Adopt Resolution and direct Staff to forward copy to the State Controller. 8.2 Residential Food Scraps Recycling Program Agreement (File # 600 - 301810 -20) The Alameda County Waste Management Authority offers funding to member agencies in the amount of $8.00 /single - family residence, to implement a residential food scraps recycling program. The agreement would specify terms by which the City would receive the funding. STAFF RECOMMENDATION: Adopt Reso i n approving Agreement. 9. BUSINESS 9.1 Brief INFORMATION ONLY reports from Council and /or Staff, including Committee Reports 10. ADJOURNMENT If requested this agenda shall be made available in appropriate alternattve formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 US 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. City Council Meeting # 688 Agenda Printed 6110005 2: 17:27 PM