HomeMy WebLinkAbout*CC Agenda 10-06-2009REGULAR MEETING
Tuesday, October 6, 2009, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
'~ AG E N DA '~
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ORAL COMMUNICATIONS
3.1 Introduction of New Employees: Sgt. Tim Schellenberg and Deputy William Lotman,
Dublin Police Services (700-10)
3.2 Fire Prevention Week Proclamation (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 t3) 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 Meetings of August 18, 2009 and September 1, 2009.
STAFF RECOMMENDATION: Approve minutes.
4.2 Approval of Release of Security Tract 7651, Sorrento East (600-60)
The primary purpose of the Tract 7651 improvements is to provide access to the site of the
new Kolb Elementary School on Palermo Way. According to the Dublin Unified School
District, construction of the school has been deferred to no earlier than 2011. Regent
Properties commenced construction of the improvements in late 2008 and the work is now
substantially complete. The City desires that the Tract 7651 improvements not be completed
and accepted by the City until the school construction is completed and the street serves a
purpose. Regent Properties entered into an agreement on August 25, 2009 with the Dublin
Unified School District to complete the remaining improvements needed for the school at the
time the school is constructed, which will allow the City to release the security for Tract 7651.
STAFF RECOMMENDATION: Adopt Resolution Approving Release of Security for Tract
7651, Sorrento East.
October 6, 2009 City Council Agenda Page 1 of 6
4.3 Annual Review of Development Agreements: Dublin Ranch Area A-H; Dublin Ranch
Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village;
Stockbridge/BHV (formerly IKEA); Avalon Bay, Transit Center Site B; Quarry Lane
School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon Village; Sorrento,
Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Pfeiffer
Ranch Investors, Silvera Ranch; Transit Center, Master DA; Lowe's; Standard Pacific,
Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot
Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement (600-60)
The City Council will consider adopting a resolution stating that certain developments are in
compliance with the terms and conditions of their respective Development Agreements and
conclude the Annual Review.
STAFF RECOMMENDATION: Adopt Resolution Finding that the Following Developers have
Complied in Good Faith with the Terms and Provisions of the Following Development
Agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H;
AMB/Legacy Partners, West Dublin Transit Village; Stockbridge/BHV (formerly IKEA);
Avalon Bay, Transit Center Site B; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE
Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing,
Transit Center Site E-1; Transit Center, Master DA; Lowe's; Standard Pacific, Dublin Ranch F-
1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station;
Dublin Ranch Amendment to the Master Agreement; and Conclude the Annual Review Period
for 2009 for the Development Agreements that Are In Compliance.
4.4 Adoption of Resolution of Intent to Vacate the Westernmost Portion of Scarlett Court and
Directing the City Of Dublin Planning Commission to Consider Whether Such Vacation is
Consistent with the City of Dublin General Plan and Whether A Potential Sale of the
Abandoned Property Would Be Consistent with the City of Dublin General Plan (820-10)
Since 1982, the westernmost portion of Scarlett Court terminated at the intersection of Dublin
Boulevard and Dougherty Road. Current improvements to that intersection have necessitated
that Scarlett Court be limited to a right-turn out movement only, which is used on an
infrequent basis. It is proposed to abandon the westernmost portion of Scarlett Court to
eliminate its intersection with Dublin Boulevard. The City Council will consider adopting a
Resolution to initiate proceedings to vacate this portion of Scarlett Court.
STAFF RECOMMENDATION: Adopt Resolution of Intent to Vacate the Westernmost Portion
of Scarlett Court and Directing the City of Dublin Planning Commission to Consider Whether
Such Vacation is Consistent with the City of Dublin General Plan and Whether a Potential Sale
of the Abandoned Property Would Be Consistent with the City of Dublin General Plan.
4.5 Approval of Parcel Map, Tract Improvement Agreement, and Maintenance and
Irrevocable License Agreement Related to Parcel Map 9717, The Promenade-Phase 1
(600-60)
Parcel Map 9717 subdivides the 23.5-acre area of The Promenade into four parcels for
development and two parcels for future streets, and dedicates the southern portion of Grafton
Street and the eastern portion of Finnian Way. Parcel 4 is proposed to be the first phase of
development of The Promenade consisting of Club Sport and the Mercantile Building with a
parking structure. The Maintenance and Irrevocable License Agreement Related to Parcel
Map 9717 provides the City certain rights within the sidewalk area and requires that the
owner maintain the improvements.
STAFF RECOMMENDATION: Adopt Resolution Approving Parcel Map 9717 and Tract
Improvement Agreement, Parcel Map 9717, The Promenade-Phase 1; and adopt Resolution
Approving Maintenance and Irrevocable License Agreement Relating to Parcel Map 9717.
October 6, 2009 City Council Agenda Page 2 of 6
4.6 Rejection of Bid -Fire Station 16 Kitchen Remodel, Contract 09-10 (600-35)
This project would replace the countertops at Fire Station 16 as part of a larger project to
renovate the kitchen of this facility. One bid was received, which was significantly higher
than the available funds for the project. The City Council will consider rejecting this bid and
directing that the scope of work be revised.
STAFF RECOMMENDATION: Adopt Resolution Rejecting Bid for the Fire Station 16
Kitchen Remodel Project, Contract 09-10.
4.7 Adoption of Ordinance Amending Dublin Municipal Code Chapter 5.56 (Smoking
Pollution Control) (560-90)
The City Council will consider adopting an ordinance that would amend the Dublin Municipal
Code to include a prohibition of smoking on the total property area of private, single-family
residences that are licensed to provide childcare services. This Ordinance would prohibit
smoking 24 hours a day and seven days a week within the property area of all such childcare
centers that are operating within the City of Dublin. This is the second reading of this
ordinance.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Chapter 5.56
of the Dublin Municipal Code relating to Smoking Pollution Control.
4.8 Dublin Sport Grounds Phase IV -Landscape Architectural Services (600-35)
As approved in the 2008-2013 Capital Improvement Program, design of Dublin Sports
Grounds Phase IV will begin Fiscal Year 2009-2010 and construction will conclude in Fiscal
Year 2010-2011. The project entails removal of existing turfgrass, grading, soil preparation,
sand-channel drainage, irrigation system and re-seeding of approximately 5.0 acres on the
western side of the park
STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement with Carducci and
Associates, Incorporated for Dublin Sports Grounds Phase IV.
4.9 Acceptance of Work -Contract No. 09-07, 2008-2009 Annual Street Overlay Program
(600-35)
This program removed and replaced failed asphalt concrete pavement, resurfaced with 1-1/2"
of asphalt concrete, and re-striped pavement markings on various City streets.
STAFF RECOMMENDATION: Accept the improvements under Contract No. 09-07, 2008-
2009 Annual Street Overlay Program, and authorize the release of retention after 35 days if there
are no subcontractor claims.
4.10 Adoption of Resolution of Intent to Vacate the Easternmost Portion of Scarlett Court and
Directing the City of Dublin Planning Commission to Consider Whether Such Vacation is
Consistent with the City of Dublin General Plan (820-10)
Since 1982, the City has owned a parcel of land located immediately to the east of the cul-de-
sac located at the easternmost end of Scarlett Court and has used that property as a
corporation yaxd. In 2008, the City purchased the parcel of land containing the former 84
Lumber site, just north of the same cul-de-sac and adjacent to the City-owned parcel, with the
intent of using that land as part of the corporation yard. The City Council will consider
initiating proceedings to vacate this cul-de-sac in order to create a larger parcel for the
corporation yard.
STAFF RECOMMENDATION: Adopt Resolution of Intent to Vacate the Easternmost Portion
of Scarlett Court and Directing the City of Dublin Planning Commission to Consider Whether
Such Vacation is Consistent with the City of Dublin General Plan.
4.11 Award of Bid -Contract No. 09-09, 2009 Annual Slurry Seal Program (600-35)
This project will resurface several City streets with a slurry seal that will prolong the life of
the existing pavement surface.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 09-09, 2009 Annual
Slurry Seal Program, to Valley Slurry Seal Company.
October 6, 2009 City Council Agenda Page 3 of 6
4.12 Warrant Register ($2,546,652.19) dated October 6, 2009 (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS -None.
6. PUBLIC HEARINGS
6.1 Continuance -The Promenade at Dublin Ranch -Development Agreement between the
City of Dublin and James Tong and Mei Fong Tong fora 23.46-Acre Area Along Both
Sides of the Proposed Extension of Grafton Street between Central Parkway and Dublin
Boulevard known as the Promenade (Village Center) within Area G of Dublin Ranch (600-
60)
The Eastern Dublin Specific Plan requires the developer of any project to enter into a
Development Agreement setting forth the responsibilities of the City and the developer
regarding infrastructure sequencing and financing.
STAFF RECOMMENDATION: Continue the item to a date uncertain.
7. UNFINISHED BUSINESS
7.1 Adoption of Amendments to the Tri-Valley Transportation Council (TVTC) Joint Exercise
of Powers Agreement (JEPA) and Revisions to the Tri-Valley Transportation Development
(TVTD) Fee (600-40/1060-90)
Following initial review by the City Council in May 2009 and approval by the TVTC, this
item seeks City Council approval of amendments to the Tri-Valley Transportation Council
Joint Exercise of Powers Agreement, including revision of the Tri-Valley Transportation
Development Fee.
STAFF RECOMMENDATION: Adopt Resolution Approving and Authorizing the Mayor to
Execute Addendum II to the Joint Exercise of Powers Agreement Pertaining to the Tri-Valley
Transportation Development Fees for Traffic Mitigation; and adopt Resolution Amending the
Fee Schedule for the Tri-Valley Transportation Development (TVTD) Fee.
7.2 City Council Committee Assignments for Economic Development, Communications,
Environmental Programs, Community Development Block Grant (CDBG) Programs, and
Community and CDBG Grants (610-40)
The City Council provided direction to Staff on September 15, 2009 to proceed with the
creation of five City Council Committees: 1) Economic Development; 2) Communications;
3) Environmental Programs; 4) Community Development Block Grant (CDBG) Programs;
and 5) Community and CDBG Grants. Staff has formalized the purpose of each committee
and the Mayor has provided his recommended appointments for consideration by the City
Council.
STAFF RECOMMENDATION: Adopt Resolution Establishing Ad-Hoc Committees for
Economic Development, Communications, Environmental Programs and Community
Development Block Grant Programs, and a Standing Committee for Community and CDBG
Grants and Accepting the Mayor's Appointments.
7.3 Presentation Regarding Project Progress and Approval of Additional Streetscape
Enhancements and Subsequent Contract Change Orders No. 1 through 5 for the East and
West Dublin BART Corridor Enhancements (Contract No. 08-18) (600-35)
Staff will provide a current update on Project progress. Additional streetscape enhancements
are being considered for the East and West Dublin BART Corridor Enhancement Project to
fully utilize the Federal funds available for construction, including wayfinding signs,
newsracks, decorative median railings, City Monument Sign and using stainless steel
structural members for the Eternal Ribbon gateway structure. The City Council will consider
approval of these enhancements and subsequent Contract Change Orders No. 1 through 5 of
the Project contract.
October 6, 2009 City Council Agenda Page 4 of 6
STAFF RECOMMENDATION: Receive presentation; approve the inclusion of additional
streetscape enhancements to City Contract No. 08-18, East and West Dublin BART Corridor
Enhancements; approve Project Contract Change Orders No. 1 through 5 in the amounts of
$124,864.20, $167,148.02, $19,081.63, $20,500.00 and $812,360.44 respectively; and adopt
Resolution Authorizing the City Manager or Her Designee to Approve Subsequent Change
Orders Based on the Appropriated Funds Designated For CIP No. 960012 Up to the Remaining
Contingency Amount of $353,989.
8. NEW BUSINESS
8.1 Request from Vice Mayor Hildenbrand to Designate Two Streets for Naming by a
Nonprofit Organization (820-60)
The City Council will consider approving a request from Vice Mayor Hildenbrand to
designate one street in the Schaefer Ranch development and one street in the Fallon Crossings
development for naming by a nonprofit organization. If approved, the naming of the two
streets will be auctioned to benefit Dublin Partners in Education (DPIE), a nonprofit
organization in Dublin.
STAFF RECOMMENDATION: Approve the request to designate one street within the
Schaefer Ranch development and one street within the Fallon Crossings development for naming
by a nonprofit organization subject to the provisions of the City of Dublin's Policy for Street
Naming By or For Benefit of Nonprofit Organizations.
8.2 Revisions to the Sales Tax Reimbursement Program (470-20)
Staff is proposing a revision to the current Sales Tax Reimbursement Program that extends
the reimbursement period to 10 years for participants that generate $500,000 or more in new
annual sales tax revenue to the City. This revision would provide targeted assistance to the
City's economic development efforts to backfill the large vacancies in the Downtown and
attract users in other areas within the City that allow for regional or general commercial
development.
STAFF RECOMMENDATION: Adopt Resolution Revising and Restating the General
Provisions of the City's Sales Tax Reimbursement Program.
8.3 Report on Impact of State Law on Potential Scope of Amendments to Dublin Municipal
Code Chapter 2.28 Relating to Campaign Contributions (630-20)
The City Council will consider a report from the City Attorney analyzing whether, and to
what extent, Chapter 2.28 of the Dublin Municipal Code should be revised to ensure
consistency with state law, and describing the scope of permissible amendments to the
chapter.
STAFF RECOMMENDATION: Receive Staff presentation and provide direction on desired
amendment(s) to Dublin Municipal Code Chapter 2.28 relating to Campaign Contributions.
8.4 Code Enforcement Policy Update (450-20)
The City Council will review the Code Enforcement Policies and Procedures for the
Community Development and Public Works Department and consider adopting minor
modifications to the existing policies.
STAFF RECOMMENDATION: Adopt Resolution Establishing the Enforcement Policy for the
Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance, and
Encroachment Permits; and Rescinding Resolution No. 6-00.
October 6, 2009 City Council Agenda Page 5 of 6
8.5 Acceptance of $10,000 Donation from the Alameda County Deputy Sheriff s Activities League
and Resolution Authorizing Collaborative Partnership between Dublin Police Services and
the Alameda County Deputy Sheriff s Activities League (150-70)
Dublin Police Services Crime Prevention Unit partnered with the Alameda County Deputy
Sheriff's Activities League (DSAL), under their 501(c)(3) umbrella, to apply for a grant from
Clorox Corporation to fund equipment and supplies for child safety programs in Dublin, the
Tri-Valley and unincorporated Alameda County. Clorox Corporation awarded a grant of
$10,000 to the DSAL to fulfill the mission of the grant proposal. The DSAL will purchase the
child safety equipment valued at $10,000, and donate these items to the City of Dublin. The
resolution would authorize the Dublin Police Services to continue this collaborative
partnership with the DSAL.
STAFF RECOMMENDATION: Accept donation of $10,000 in child safety program materials
from Alameda County DSAL; and adopt Resolution Authorizing a Collaborative Partnership
between Dublin Police Services and the Alameda County Deputy Sheriff's Activities League in
an Ongoing Effort to Provide Greater Child and Youth Safety Services and Programs to the
Citizens of our Community.
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.
Agenda Printed 9/30/2009 2:09:48 PM
Mission
The City 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 sustainability 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.
October 6, 2009 City Council Agenda Page 6 of 6