HomeMy WebLinkAbout07-19-2011 CC AgendaREGULAR MEETING
Tuesday, July 19, 2011
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
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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),
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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