HomeMy WebLinkAbout*CC Agenda 07-15-2008
REGULAR MEETING
Tuesday, July 15, 2008, 2008, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
. AGENDA.
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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.)
L CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9, subdivision a
Name of case: Arroyo Vista Tenants Association, Rhenea Keyes, Andres Arroyo, Darlene
Brown, Elise Veal v. City of Dublin, Dublin Housing Authority; Housing Authority of Alameda
County; and Does 1 through 20, inclusive, Alameda County Superior Court RG 07351015
IL CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9, subdivision a
City of Dublin v. Ralph Gil, et ai, Alameda Superior Court No. VG05241773
The City Council will reconvene in Closed Session at the conclusion of the meeting.
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Introduction of New Employees: Jordan Figueiredo, City Manager's Office Intern; and
Janelle Murphy, Public Works Department Intern (700-10)
3.2 Certificates of Appreciation to Boys Scouts for Work Completed at Dublin Heritage Center
(130-50)
3.3 Future Problem Solvers Presentation, Ms. Townsley and Ms. Kennedy's Classes (130-60)
3.4 Smoke-Free Multi-Family Taskforce Appointments (110-30)
The City Council will consider appointments to a taskforce to study the establishment of
smoke-free multi-family units and other multi-family smoking related policies. Specifically,
the taskforce will work on presenting recommendations to the City Council for the creation of
such policies for the City's apartment housing complexes.
STAFF RECOMMENDATION: Approve the Mayor's appointments to the Smoke-Free Multi-
Family Taskforce.
July 15,2008 Dublin City Council Agenda
Page 1 of8
3.5 Mayor's Appointment of Two City Councilmembers as Members ofa Regional Work
Group for the Tri-Valley Adolescent Health Initiative (110-30)
The primary charter of the Tri-Valley Adolescent Health Initiative is to engage the youth in
the Tri-Valley in the planning process on health and wellness services for the adolescents
living in the Tn-Valley region. There is a need to appoint two City Councilmembers to the
Regional Work Group of the Adolescent Health Initiative, in order to complete the necessary
work on the roadmap of youth recommendations.
STAFF RECOMMENDATION: Confirm the Mayor's appointment of the Mayor and
Councilmember Hildenbrand to the Regional Work Group for the Tri-Valley Adolescent Health
Initiative for a limited time period ending December 2008.
3.6 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 Ordinance Adding Section 1.04.061 (Recovery of Nuisance Abatement Costs Incurred by
the City) to Dublin Municipal Code (530-20)
This is the second reading of an ordinance that contains the procedures governing steps for the
levying of nuisance abatement special assessments.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Adding Section 1.04.061
to the Dublin Municipal Code, Relating to Nuisance Abatement Cost Recovery.
4.3 Amendment of Dublin Municipal Code (DMC) Chapter 5.70 (Weeds and Refuse) (540-50)
This is the second reading of an amendment to DMC Chapter 5.70 relating to weeds and
refuse. In addition to a number of minor changes intended to improve the chapter's clarity
and ensure uniformity with the rest of the DMC, it also provides certain substantive changes
be made to ensure the DMC contains uniform procedures for the collection of costs incurred
by the City in the abatement of nuisances.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Chapter 5.70
of the Dublin Municipal Code Relating to Weeds and Refuse.
4.4 Amendment to Dublin Municipal Code (DMC) Chapter 5.72 (Rodent and Fly Control)
(560-40)
This is the second reading of an amendment to DMC Chapter 5.72 relating to Rodent and Fly
Control that requires owners of property on which a nuisance is maintained, to abate it. It also
recommends substantive changes be made to this chapter to ensure the DMC contains
procedures for the collection of costs incurred by the City in the abatement of nuisances.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Chapter 5.72
of the Dublin Municipal Code Relating to Rodent and Fly Control.
July 15,2008 Dublin City Council Agenda
Page 2 of8
4.5 Amendment of Dublin Municipal Code (DMC) Chapter 5.64 (Property Maintenance)
(530-20)
This is the second reading of an amendment to DMC Chapter 5.64 relating to property
maintenance. In addition to a number of minor changes intended to improve the chapter's
clarity and ensure uniformity with the rest of the DMC, it also provides certain substantive
changes be made to ensure the DMC contains uniform procedures for the collection of costs
incurred by the City in the abatement of nuisances.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Chapter 5.64
of the Dublin Municipal Code Relating to Property Maintenance.
4.6 Amendment of Dublin Municipal Code (DMC) Chapter 5.68 (Graffiti) (530-20)
This is the first reading of an amendment to DMC Chapter 5.68 relating to graffiti. In
addition to a number of minor changes intended to improve the chapter's clarity and ensure
uniformity with the rest of the DMC, it also provides certain substantive changes be made to
ensure the DMC contains uniform procedures for the collection of costs incurred by the City
in the abatement of nuisances.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Chapter 5.68
of the Dublin Municipal Code Relating to Graffiti.
4.7 First Amendment to Agreement for Legal Services (600-30)
The proposed amendment to the Agreement with Meyers Nave Riback Silver & Wilson for
legal services would increase the hourly rate by 2.5% and increase the rate charged for
litigation and work performed by the City Attorney for which the City is reimbursed by third
parties by 2.92% commencing July 1, 2008.
STAFF RECOMMENDATION: Approve the first Amendment to Agreement for Legal Services
with Meyers Nave Riback Silver & Wilson and authorize Mayor to execute the Amendment.
4.8 Request for Authorization to Use AERC Recycling of City Electronic Waste and Surplus
Computer Equipment (350-40)
The City will be disposing of computers that are now beyond their useful life. In order to do
this in a safe and secure manner, it is recommended that an electronics recycler be used which
provides certification of the destruction of the hard drive.
STAFF RECOMMENDATION: Authorize the use of AERC Recycling and direct Staff to
remove the inventory from the City records of assets.
4.9 Waiver of Bid Requirement as Authorized by Municipal Code and Authorization to
Purchase Desktop Computers from Dell, Inc. (350-20)
Based on annual replacement cycles, in Fiscal Year 2008-2009, 36 computer units are
proposed for replacement. The Western State Contracting Alliance allows public agencies to
purchase using cooperative public bid process. The City Code requires the City Council
authorize purchases in excess of $20,000. The cost of36 units is $43,460.
STAFF RECOMMENDATION: Adopt Resolution Authorizing Staff to Procure Desktop
Computers from Dell, Inc.
4.10 City Manager's Employment Agreement (600-30)
The City Council will consider a Third Agreement to the City Manager's Employment
Agreement as recommended by the Agency Negotiating Team, and an amendment to the
City's Salary Plan.
STAFF RECOMMENDATION: Approve the Third Amendment to the City Manager's
Employment Agreement as recommended by Agency Negotiating Team and adopt Resolution
Amending the Salary Plan.
4.11 Preliminary Financial Reports for the Month of May 2008 (330-50)
This item provides the report of the financial statements for the month of May 2008.
STAFF RECOMMENDATION: Receive reports.
July 15,2008 Dublin City Council Agenda
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4.12 Park Furniture Replacement - Contract No. 08-04, Change Order #1 (600-35)
The Fiscal Year 2008-2009 budget includes the replacement of site furniture at Kolb Park.
Staff has prepared Change Order #1 to increase the scope of work for the Park Furniture
Replacement Project - Contract No. 08-04.
STAFF RECOMMENDATION: Approve Change Order #1 with M.A.K. Associates Inc., in the
amount of $81,490 and approve Budget Change.
4.13 Approval of Final Map and Tract Improvement Agreement for Tract 7651 (600-60)
Regent Properties has agreed to file the Tract 7651 Final Map for the sole purpose of creating
the school parcel and dedicating Palermo Way along the school frontage. In addition to the
school frontage improvements, Regent Properties has agreed with the Tract 7651 map to
construct the permanent walkway along the south side of Gleason Drive between Grafton
Street and Lockhart Street, and on the west side of Lockhart Street between Gleason Drive
and Central Parkway.
STAFF RECOMMENDATION: Adopt Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7651.
4.14 Approval of Improvement Agreement with Chang Su-O-Lin for the Wallis Ranch Bridges
(600-60)
As part of the improvements for the approved Vesting Tentative Map for Tract 7515 and Site
Development Plan for the Wallis Ranch development, the owner intends to construct two
bridges over Tassajara Creek at the future crossings of Julie Ann Lane and Wallis Ranch
Road. The bridges will initially provide private access to that portion of Wallis ranch on the
west side of Tassajara Creek. The owner intends to complete the bridges by adding
architectural features and constructing public roadway approaches at a future date in
accordance with a future Improvement Agreement.
STAFF RECOMMENDATION: Adopt Resolution Approving the Improvement Agreement
with Chang Su-O-Lin for the Wallis Ranch Bridges.
4.15 Approval of Parcel Map 7893 and Improvement Agreement (Dublin Transit Center)
(600-60)
Parcel Map 7893 subdivides property owned by the Alameda County Surplus Property
Authority and the Bay Area Rapid Transit District (BART) into three parcels and dedicates
rights-of-way for DeMarcus Boulevard and Iron Horse Parkway. One parcel will be part of
the BART station and the other two parcels, referred to as Site C in the Dublin Transit Center,
will be developed by A valonBay Communities.
STAFF RECOMMENDATION: Adopt Resolution Approving Parcel Map7893 and
Improvement Agreement.
4.16 Designation of Mayor Lockhart and Vice Mayor Sbranti as City Representatives to Discuss
Compensation with Prospective City Manager (600-30)
This item provides for the designation of Mayor Lockhart and Vice Mayor Sbranti as the
City's representatives to discuss terms of the prospective City Manager's contract, including
compensation, with the prospective City Manager.
STAFF RECOMMENDATION: By motion, designation of Mayor Lockhart and Vice Mayor
Sbranti as City representatives to discuss compensation with prospective City Manager.
4.17 Agreement with C & W Environmental Consulting, Inc., for Consulting Services - Civic
Center Fire Damage (600-30)
This agreement provides for consulting services that were performed as the result of the fire
and water damage to the Civic Center, in order to ensure the safety of employees and visitors
to the City Center following this incident.
STAFF RECOMMENDATION: Adopt Resolution Approving Agreement with C & W
Environmental Consulting, Inc.
4.18 Warrant Register ($3,127,331.30) dated July 15,2008 (300-40)
STAFF RECOMMENDATION: Approve.
July 15,2008 Dublin City Council Agenda Page 4 of 8
4.19 Amendment to Consulting Services Agreement with Willdan Financial Services (Formerly
MuniFinancial) for Public Facilities Fee Update (600-30)
The City Council will consider an amendment to the agreement with Willdan Financial
Services to complete an update to the Public Facilities Fee. The amendment will extend the
time to complete the work and increase the compensation.
STAFF RECOMMENDATION: Adopt Resolution Approving Amendment No.1 to Consulting
Agreement between the City of Dublin and Willdan Financial Services.
5. WRITTEN COMMUNICATIONS - None.
6. PUBLIC HEARINGS
6.1 Arroyo Vista (600-60/400-20)
The City Council will consider adoption of a resolution to authorize the City Manager to act
as the certifying official for a Finding of No Significant Impact and to execute the Request for
Release of Funds and Certification and authorize the Dublin Housing Authority to submit an
application to the federal Department 'of Housing and Development for disposition of the
Arroyo Vista property. The City Council will consider comments from the public on the
proposed Arroyo Vista Redevelopment Project, in general, but not on the proposed Finding of
No Significant Impact.
STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to act as the
Certifying Officer in order to certify the Finding of No Significant Impact (FONSI), execute the
Department of Housing and Urban Development Request for Release of Funds and Certification
and sign any other related, associated and/or ancillary documents pursuant to the National
Environmental Policy Act for the Arroyo Vista project and authorizing the Dublin Housing
Authority to submit a request to the San Francisco Field Office of the U.S. Department of
Housing and Urban Development (HUD) for approval of property disposition under Section 18
of the U.S. Housing Act of 1937, as amended, to undertake a project known as Arroyo Vista for
the purpose of redeveloping an existing public housing project and expanding the number of
dwelling units, subject to approval of the project by the City.
6.2 Consideration of an Ordinance Amending Ordinance No. 14-08 to Correct the Amount of
the Benefit Charges Applicable to Certain Parcels within the Dublin Ranch West Side
Storm Drain Benefit District (360-40)
This item will correct the amount of benefit charges to be collected from three parcels within
the Dublin Ranch West Side Strom Drain Benefit District. An adjustment made March 2008
referenced an incorrect figure. The total amount for the three parcels will be reduced by
$5,294.31.
STAFF RECOMMENDATION: Conduct public hearing, waive reading and INTRODUCE an
Ordinance Amending Ordinance No. 14-08, Which Made Findings, Adopted a Local Drainage
Plan, and Created the Dublin Ranch West Side Storm Drain Benefit District, a Local Benefit
District to Levy and Collect Charges, as a Condition of Development, to Reimburse Developers
Who Construct and Install Drainage Facilities that Benefit Properties Other than Their Own.
6.3 Citywide Street Lighting Maintenance Assessment District No. 83-1 (360-20)
This Assessment District pays the cost of energy and maintenance for the City's street light
system except the lights that are included in Dublin Ranch Street Light Maintenance
Assessment District 99-1. This action would approve the Engineer's Report and levy of
assessments for 2008-2009 Fiscal Year. The proposed assessment is $19.34 per single-family
home, which is the same as the 2007-2008 assessment.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution
Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of
Assessment, City of Dublin Street Lighting Maintenance Assessment District 83-1.
July 15,2008 Dublin City Council Agenda
Page 5 of8
6.4 Landscaping and Lighting Maintenance Assessment District No. 83-2 (Stagecoach Road)
(360-20)
This Assessment District pays the cost of landscape maintenance and utilities along
Stagecoach Road and the "interior slopes" of the Dublin Hills Estates development. This
action would approve the Engineer's Report and levy of assessment for 2008-2009. The
proposed assessment is 3.18% higher than the 2007-2008 assessment, which is the April 2008
Consumer Price Index, as allowed by the terms of the Engineer's Report approved in 2003-
2004.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution
Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of
Assessment, City of Dublin Landscaping and Lighting Maintenance Assessment District 83-2
(Stagecoach Road)
6.5 Landscaping and Lighting Maintenance Assessment District No. 86-1 (Villages at Willow
Creek) (360-20)
This Assessment District pays the cost of landscape maintenance and utilities for certain
landscaped areas associated with the Villages at Willow Creek development. This action
would approve the Engineer's Report and levy of assessment for 2008-2009. The proposed
assessment is 3.18% higher than the 2007-2008 assessment, which is the April 2008
Consumer Price Index, as allowed by the terms of the Engineer's Report approved in 2001.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution
Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of
Assessment, City of Dublin Landscaping and Lighting Maintenance Assessment District 86-1
(Villages at Willow Creek).
6.6 Landscaping Maintenance Assessment District No. 97-1 (Santa Rita Area) (360-20)
This Assessment District pays the cost of landscape maintenance and utilities for certain
landscaped areas in the area bounded by 1-580, Tassajara Road, Gleason Drive, and Arnold
Road. This action would approve the Engineer's Report and levy of assessments for 2008-
2009 Fiscal Year. The proposed assessment is the same as the 2007-2008 assessment and is
below the maximum assessment allowed by the Engineer's Report.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution
Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of
Assessment, City of Dublin Landscaping Maintenance Assessment District 97-1 (Santa Rita
Road Area).
6.7 Street Lighting Maintenance Assessment District No. 99-1 (Dublin Ranch and Tract 7067)
(360-20)
This Assessment District pays the cost of energy and maintenance for the street light system
in Dublin Ranch and Tract 7067. This action would approve the Engineer's Report and levy
of assessment for 2008-2009. The proposed assessment is $1.18 per lot higher than the 2007-
2008 assessment, but is below the maximum assessment allowed by the Engineer's Report.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution
Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of
Assessment City of Dublin Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch
and Tract 7067).
July 15,2008 Dublin City Council Agenda
Page 6 of8
7. UNFINISHED BUSINESS
7.1 Report on a toO-Foot Smoking Prohibition Within Parks and Smoke-Free City Events
(560-90)
The City Council will receive a report and provide Staff with direction on the creation of a
Draft Ordinance which would increase the prohibition of smoking within a reasonable
distance of 100 feet from recreational areas within the City's parks. The Council will also
consider directing Staff to include in the draft Ordinance a prohibition of smoking at City
events.
STAFF RECOMMENDATION: Provide Staff direction on items to include in a draft ordinance
and direct Staff to prepare the Draft Ordinance for Council's consideration.
8. NEW BUSINESS
8.1 Tralee Development - Public Art (900-50)
The City Council will consider the proposed artwork created by artist Rachel Davis for the
Tralee Development at the northwest corner of Dublin Boulevard and Dougherty Road.
STAFF RECOMMENDATION: Approve artwork or provide alternate direction.
8.2 Dedication of Piazza Sorrento and Devany Square (920-60)
The City Council will consider dates for a joint park dedication ceremony/grand opening
celebration for the City's two new parks, Piazza Sorrento and Devany Square.
STAFF RECOMMENDATION: Select date for park dedication.
8.3 Dougherty Hills Dog Park - Donors Plaque (920-60)
The City Council will consider a request from the Dublin Fine Arts Foundation to hang a
Donors Plaque at the Dougherty Hills Dog Park.
STAFF RECOMMENDATION: Approve the request to hang the Donors Plaque at the
Dougherty Hills Dog Park or provide alternate direction.
8.4 Tri-Valley Transportation Development Fee (TVTDF) Update and Tri-Valley
Transportation Council (TVTC) Participation Evaluation (590-80)
This presentation will allow the City Council to provide comment on proposed revisions to
the Tri-Valley Transportation Development Fee structure, as well as on Dublin's overall
participation in the Tri- Valley Transportation Council.
STAFF RECOMMENDATION: Receive presentation regarding the TVTDF update and provide
comments as appropriate regarding the proposed fee structure for Mayor Lockhart's
consideration and feedback to the TVTC; and direct that the City of Dublin continue
participation in the TVTC.
8.5 Eastern Alameda County Regional Conservation Strategy (600-30)
The City of Dublin has previously agreed to participate with the California Department of
Fish and Game, the U. S. Fish and Wildlife Service, and six local agencies in the development
of the Eastern Alameda County Conservation Strategy. The City Council will consider
increasing its funding allocation from $30,000 to $40,000.
STAFF RECOMMENDATION: Approve the City's participation in the development of the
Eastern Alameda County Regional Conservation Strategy at the increased amount of $38,125;
and adopt Resolution Authorizing Execution of the Cooperative Agreement to Fund the City of
Dublin's Share of the Eastern Alameda County Regional Conservation Strategy.
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).
July 15,2008 Dublin City Council Agenda
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Recess
Reconvene in Closed Session
IlL CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor Lockhart and Vice Mayor Sbranti
Unrepresented employee: Prospective City Manager
IV. PUBLIC EMPLOYEE APPOINTMENT
Government Code section 54957
Title: City Manager
10. ADJOURNMENT
- In memory of our fallen troops.
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
Ifrequested, 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 ofthe Americans with Disabilities Act of 1990 (42 V.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.
.
Agenda Printed 7/10/2008 3:13:22 PM
Mission
The City of Dublin promotes and supports a high quality of life that ensures a safe and secure environment, fosters new
opportunities and provides responsive fair treatment to our diverse community
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, with its distinctive place in the region, highlights culture, diversity and civic stewardship to create a broad mosaic. This
mosaic is enriched by the integrating of cultures, races and economic diversity into villages and neighborhoods - forming a
common network that welcomes both residents and businesses alike; supporting the efforts and achievements of all.
July 15,2008 Dublin City Council Agenda
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