HomeMy WebLinkAbout*02-16-2010 CC AgendaREGULAR MEETING
Tuesday, February 16, 2010
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
'~AGENDA'~
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CALL TO ORDER & CLOSED SESSION 6:30 P.M.
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Westernmost Portion of Scarlett Court, Dublin
Agency negotiator: City Manager
Negotiating parties: KBH Investments, LLC
Under negotiations: Price and terms of payment
II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 5501 De Marcus Blvd., #364, Dublin, CA
Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney
Negotiating parties: Andrea McGowen
Under negotiation: Price
III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3275 Dublin Blvd., #320
Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney
Negotiating parties: Zarina Bafaiz
Under negotiation: Price
IV. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3245 Dublin Blvd., #431
Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney
Negotiating parties: Lilia Cuevas and Shereen Rabara
Under negotiation: Price
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 Certificate of Recognition for Eagle Scout Christopher Cunningham (610-50)
3.2 Dublin Unified School District Presentation regarding Dublin High School Construction
Update (130-60)
3.3 Recognition of Rev. Napolean Kaufman (610-50)
February 16, 2010 Dublin City Council Agenda Page 1 of 5
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 (31 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 Approval of Consultant Services Agreement with Tomasi Dubois & Associates for Civic
Center Security System Design (600-35)
Staff is seeking approval of a Consultant Services Agreement with Tomasi Dubois &
Associates to prepare the bid documents for a new card reader security system for the Civic
Center.
STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement with Tomasi
Dubois & Associates for the Civic Center Card Reader Security System.
4.3 Authorization to Solicit Bids -Contract No. 10-01, Fiscal Year 2009-2010 Annual Sidewalk
Safety Repair Program (600-35)
This year's Annual Sidewalk Safety Repair Program (CIP No. 949101) will remove and
replace approximately 3,900 SF (Square Feet) of sidewalk with offsets of 3/4-inch or more
that may pose a tripping hazard.
STAFF RECOMMENDATION: Adopt Resolution Establishing a Policy for the Repair of
Public Improvements Deemed to be Pedestrian Hazards (City Funded Repair Program); and
authorize Staff to advertise for bids for Contract No. 10-01, Fiscal Year 2009-2010 Annual
Sidewalk Safety Repair Program,
4.4 Approval of Fund Transfer Agreement between Alameda County Congestion Management
Agency and City of Dublin for the I-580 Landscape Replacement Project (600-40)
The Alameda County Congestion Management Agency (ACCMA), in collaboration with
Caltrans, is constructing the eastbound High Occupancy Vehicle Lane Project in the existing
median of Interstate 580 from Hacienda Drive to Greenville Road in Livermore. This project
will remove existing landscape plants in the freeway median for the proposed work and it is
required to mitigate the removed plants. The City of Dublin will receive the funding and
responsibility to implement landscape replacement within its boundaries, and the Fund
Transfer Agreement between the ACCMA and the City of Dublin specifies the terms and
conditions for reimbursement between the two agencies for the Landscape Replacement
Project.
STAFF RECOMMENDATION: Adopt Resolution regarding Approval of Fund Transfer
Agreement between Alameda County Congestion Management Agency and City of Dublin for
the I-580 Landscape Replacement Project.
4.5 Declaration of Weeds and Combustible Refuse as a Public Nuisance (540-50)
In accordance with Dublin Municipal Code section 5.70.030, the City Council may declare
that there is a public nuisance created by weeds and combustible debris growing,
accumulating upon the streets, sidewalks and property within the City of Dublin.
STAFF RECOMMENDATION: Adopt Resolution Declaring Weeds and Combustible Refuse a
Public Nuisance and Ordering the Abatement Thereof; direct Staff to notify the public of the
adoption of this Resolution; and schedule a public hearing for the April 6, 2010 City Council
meeting at which time the City Council will hear and consider objections to this abatement
order.
February 16, 2010 Dublin City Council Agenda Page 2 of 5
4.6 Authorization to Prepare Engineer's Reports: Citywide Street Lighting Maintenance
Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2
(Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86-1
(Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District
97-1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99-1 (Dublin
Ranch and Tract 7067) (360-20)
This action authorizes City Staff to prepare the Engineer's Reports for the Fiscal Year 2010-
2011 assessments. Public hearings will be held prior to the levy of assessments. Citywide
Street Lighting Maintenance District 83-1 pays the cost of energy and maintenance for the
City's street light system, except for the lights included in Street Lighting Maintenance
Assessment District 99-1 (Dublin Ranch and Tract 7067). Landscaping and Lighting
Maintenance Assessment District 83-2 (Stagecoach Road) pays the cost of utilities and
maintenance for landscaping improvements along Stagecoach Road and on the "interior
slopes" of the Dublin Hills Estates development. Landscaping and Lighting Maintenance
Assessment District No. 86-1 (Villages at Willow Creek) pays the cost of utilities and
maintenance for certain landscaping improvements associated with the Villages at Willow
Creek development. Landscaping and Lighting Maintenance Assessment District 97-1 (Santa
Rita Area) pays the cost of utilities and maintenance for certain landscaping improvements
within the Santa Rita development area.
STAFF RECOMMENDATION: Adopt Resolutions Directing Preparation of the Annual
Engineer's Reports for: Citywide Street Lighting Maintenance Assessment District 83-1;
Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road);
Landscaping and Lighting Maintenance Assessment District No. 86-1 (Villages at Willow
Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and
Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067).
4.7 Purchase and Sale Agreement with KBH Investments, LLC (600-30)
The City Council concluded its street vacation proceeding for the westernmost portion of
Scarlett Court on November 17, 2009. Staff is recommending that the City enter into a
Purchase and Sale Agreement with KBH Investments, LLC, the adjacent property owner
(Dublin Honda), to sell the former right-of--way property for its fair market value of $796,000.
STAFF RECOMMENDATION: Adopt Resolution Approving a Purchase and Sale Agreement
with KBH Investments, LLC.
4.8 Approval of Professional Services Agreement with Geoterra, Inc. (dba 3DiWest) and
Approval of Memorandum of Agreement regarding Cost Sharing Services for Aerial
Photography (600-30)
The City is working jointly with the Cities of Livermore and Pleasanton to acquire updated
aerial photography that can be used in the City Geographic Information System (GIS). It is
cost effective to partner with other agencies. The current aerial imagery used by the City was
obtained in May 2005. The Cities of Livermore, Pleasanton, and Dublin have developed a
Memorandum of Agreement to proportionally share the costs associated with anarea-wide
flight to be performed by 3DiWest.
STAFF RECOMMENDATION: Adopt Resolution Authorizing the City Manager to Execute an
Agreement with Geoterra Inc. (dba 3DiWest) for Aerial Orthophotography Services; and adopt
Resolution Approving a Memorandum of Agreement for Orthoimagery Acquisition between the
Cities of Dublin, Livermore and Pleasanton.
4.9 Check Issuance Reports and Electronic Funds Transfers (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS -None.
February 16, 2010 Dublin City Council Agenda Page 3 of 5
6. PUBLIC HEARINGS
6.1 Participation in CaliforniaFIRST -Financing Program for Energy Efficiency and
Renewable Energy (530-10)
The City Council will consider adopting a resolution authorizing the City to join
CaliforniaFIRST, aprogram designed to assist in financing energy projects. The program is
coordinated by California Communities, a joint powers authority. The City Council action
will authorize California Communities to accept applications from Dublin property owners
who wish to - use a property assessment to finance energy improvements. The action will
also authorize California Communities to conduct contractual assessment proceedings and
levy contractual assessments on behalf of the City within the territory of the City of Dublin.
The City would be responsible to pay up to $12,500 for program setup fees.
STAFF RECOMMENDATION: Conduct public hearing, deliberate, and adopt Resolution
Authorizing the City of Dublin to Join the CaliforniaFirst Program; Authorizing the California
Statewide Communities Development Authority to Accept Applications from Property Owners,
Conduct Contractual Assessment Proceedings and Levy Contractual Assessments within the
Territory of the City, and Authorizing Related Actions; and adopt the Budget Change for
$12,500 for program setup expense.
6.2 Tennis Court Use Policy and Rental Fee Schedule (920-20)
The City Council will consider revisions to the Emerald Glen Tennis Court Use Policy which
was last updated in 2001. Due to the opening of the Fallon Sports Park in summer 2010, Staff
is proposing changes to add the new courts at Fallon Sports Park and clean up the policy
language to make it consistent with other City rental policies. There are no fee increases
proposed for the tennis courts.
STAFF RECOMMENDATION: Conduct public hearing, deliberate and adopt Resolution
Establishing Facility Use Policy and Rental Fees for Use of Tennis Courts.
6.3 Emerald Glen Group Picnic Area Use Policy and Rental Fee Schedule (215-20)
The City Council will consider revisions to the Emerald Glen Group Picnic Area Use Policy
and Rental Fee Schedule which was last updated in 2006. Staff is proposing changes to the
policy to help streamline rental procedures and increase rental fees to better offset picnic area
maintenance costs.
STAFF RECOMMENDATION: Conduct public hearing, deliberate, and adopt Resolution
Establishing Facility Use Policy and Rental Fees for Use of the Emerald Glen Group Picnic
Area.
7. UNFINISHED BUSINESS
7.1 State Energy Program Funding under the American Recovery and Reinvestment Act of
2009 (ARRA) (600-50)
The City Council will consider adopting resolutions authorizing the submittal of applications
by regional partners on behalf of the City of Dublin to the California Energy Commission's
(GEC's) State Energy Program (SEP) for funding opportunities that will benefit the City of
Dublin. Each of these opportunities is funded by the American Recovery and Reinvestment
Act of 2009 (ARRA), the Federal Government's "Stimulus Package". The CEC released
solicitations under the SEP program in October 2009. These programs collectively offer
opportunities to pursue funding that will enable energy efficiency improvements to Dublin's
residential, commercial, industrial and municipal building stock.
STAFF RECOMMENDATION: Adopt Resolution Authorizing Sacramento County to Act as
Lead Applicant for a State Energy Program Grant for a Municipal Financing Program (SEP 1)
on Behalf of the City of Dublin; and adopt Resolution Authorizing the Association of Bay Area
Governments to Act as Lead Applicant for a State Energy Program Grant for a Comprehensive
Residential Building Retrofit Program (SEP 2) on Behalf of the City of Dublin.
February 16, 2010 Dublin City Council Agenda Page 4 of 5
7.2 Smoking Pollution Control Ordinance Annual Compliance Report for Apartment Housing
(560-90)
The City Council will receive a report outlining compliance with the Smoking Pollution
Control Ordinance as it relates to apartment rental housing complexes within the City that
have 16 or more units. Specifically, the ordinance requires that apartment complexes
designate 50% of their units as non-smoking by January 1, 2011, prohibit smoking in
common outdoors areas, disclose to prospective tenants the number and location of smoking
and non-smoking units within a complex, location of any smoking areas, and any procedures
for addressing smoking-related complaints. The report highlights the compliance measures
that have occurred during the first year of the ordinance.
STAFF RECOMMENDATION: Receive the report.
7.3 Updated Report on the Feasibility of a Dublin Farmers' Market (470-10)
The Dublin City Council established a Fiscal Year 2009-2010 Goal and Objective to "explore
the feasibility of a farmers' market in Dublin." Staff has surveyed the community regarding
its preferences for a market and is prepared to present its findings and recommend that the
City Council consider a farmer's market in 2011.
STAFF RECOMMENDATION: Receive report and direct Staff to establish a farmers' market
in 2011 or provide additional direction.
8. NEW BUSINESS -None.
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 2/10/2010 2:30:41 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 unifted 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.
February 16, 2010 Dublin City Council Agenda Page 5 of 5