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HomeMy WebLinkAbout*07-16-2013 CC Agenda REGULAR MEETING Tuesday,July 16, 2013 DUBLIN CIVIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL AGENDA • Agendas and Staff Reports are posted on the City's Internet Website (www.dublin.ca.gov) • 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 at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Councilmembers less than 72 hours prior to a City Council Meeting, as soon as it is so 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: A portion of Alameda County Assessor's Parcel No. 905-0002-001-01 on the west side of Croak Road Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Croak Properties LP Under negotiation: Price and terms of payment REGULAR MEETING 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. California Youth Energy Services Presentation The City of Dublin is working with Rising Sun Energy Center this summer to promote energy conservation and sustainable living via a youth employment program, known as California Youth Energy Services (CYES). The CYES program trains and employs local youth to provide resource conservation audits and retrofits to local residences in the form of a Green House Call. STAFF RECOMMENDATION: Receive the presentation from the Rising Sun Energy Center on the CYES program. 3.2. 2013 Business Anniversary Award The City Council will recognize John Knox Presbyterian Church for being a Dublin business for 50 years. STAFF RECOMMENDATION: Recognize John Knox Presbyterian Church. 3.3. Proclamation for National Association of REALTORS® Code of Ethics Centennial The City Council will present a proclamation acknowledging the Centennial for the National Association of REALTORS® Code of Ethics. STAFF RECOMMENDATION: Present the proclamation. 3.4. Presentation from East Bay Regional Parks District: Mayors Trail Challenge The City Council will receive an update from Carol Johnson, Assistant General Manager of Public Affairs for East Bay Regional Parks District. on their current Mayors Trail Challenge. STAFF RECOMMENDATION: Receive the presentation. July 16,2013 Dublin City Council Agenda Page 1 of 8 3.5. National Night Out Proclamation The City Council will proclaim Tuesday, August 6, 2013 as National Night Out. STAFF RECOMMENDATION: Present proclamation. 3.6. Fourth of July After Action Report Public Safety and Public Works will present a report on public safety and Staff actions associated with this past July 4, 2013. STAFF RECOMMENDATION: Receive report. 3.7. 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 the Special City Council Meeting of June 8, 2013 and the Regular City Council Meeting of June 18, 2013 The City Council will consider approval of the minutes of the Special City Council Meeting of June 8, 2013, and the Regular City Council Meeting of June 18, 2013. STAFF RECOMMENDATION: Approve the minutes of the Special City Council Meeting of June 8, 2013, and the Regular City Council Meeting of June 18, 2013. 4.2. Acceptance of Work- Contract No. 13-04, Street Light Pole Painting Contract On May 3, 2013, staff awarded Contract No. 13-04, Dublin Ranch Street Light Pole Painting Contract (CIP No. 960023), to California Custom Painting. The project consisted of painting 128 decorative street light poles in the Dublin Ranch Street Lighting Assessment District(1999-1). STAFF RECOMMENDATION: Accept the improvements under Contract No. 13-04, Dublin Ranch Street Light Pole Painting Contract, and authorize the release of retention after 35 days. 4.3. Acceptance of Tract 8024 Off-site Improvements at Fallon Road and Positano Parkway; Approval of Traffic Signal Modifications at the Intersection of Fallon Road and Central Parkway; Approval of Traffic Signal at Positano Parkway and Vinton Avenue; and Approval of Regulatory Traffic Control Devices Installed with Tract 8024 Off-Site Improvements,Jordan Ranch—Phase One (BJP-ROF Jordan Ranch LLC) BJP-ROF Jordan Ranch LLC has constructed off-site improvements on Fallon Road and Positano Parkway in accordance with the Tract Improvement Agreement for Tract 8024. It is now appropriate for the City to accept these improvements and approve the regulatory traffic control devices. STAFF RECOMMENDATION: Adopt Resolution Accepting the Off-site Improvements for Tract 8024; accepting the Traffic Signal at Positano Parkway and Vinton Avenue; approving Traffic Signal Modifications at Fallon Road and Central Parkway; and approving the Regulatory Traffic Control Devices installed with the Off-Site Improvements for Tract 8024—Jordan Ranch, Phase One. July 16, 2013 Dublin City Council Agenda Page 2 of 8 4.4. Acceptance of Improvements for Tract 7982 Constructed with Tract 7652 at Lee Thompson Street and Approval of Regulatory Traffic Control Devices at Lee Thompson Street—Sorrento East, Tract 7652, Neighborhood 6 (Standard Pacific Corporation) Standard Pacific Corporation, a Delaware Corporation, has constructed the Lee Thompson Street Improvements for Tract 7982, Sorrento East, in accordance with the Tract Improvement Agreement for Tract 7652, Neighborhood 6. It is now appropriate for the City to accept these improvements and approve the regulatory traffic control devices. STAFF RECOMMENDATION: Adopt Resolution Accepting Improvements for Tract 7982 Constructed with Tract 7652 at Lee Thompson Street and Approving Regulatory Traffic Control Devices at Lee Thompson Street — Sorrento East, Tract 7652, Neighborhood 6 4.5. Acceptance of In-Tract Improvements, Acceptance of Off-Site Improvements on Tassajara Road and Fallon Road, Acceptance of Traffic Signals and Approval of Regulatory Traffic Control Devices for Tract 7540 —Silvera Ranch, Phase 4 (KB Home South Bay, Inc.) KB Home South Bay, Inc. has constructed improvements for Tract 7540, Silvera Ranch — Phase 4, in accordance with their Tract Improvement Agreement. It is now appropriate for the City to accept these improvements and approve the regulatory traffic control devices. STAFF RECOMMENDATION: Adopt Resolution Accepting the In-Tract Improvements, Accepting the Off-Site Improvements on Tassajara Road and Fallon Road, Accepting Traffic Signals and Approving the Regulatory Traffic Control Devices for Tract 7540— Silvera Ranch, Phase 4. 4.6. Implementation of Parking Regulations on Lockhart Street This item discusses implementation of parking regulations and a time-restricted passenger loading zone near Kolb Elementary School. STAFF RECOMMENDATION: Adopt Resolution Amending the Dublin Traffic Code implementing parking restrictions on Lockhart Street. 4.7. Acceptance of Work—Contract No. 12-11, Golden Gate Drive Streetscape Enhancement Project On September 18, 2012, the City Council approved an award of contract to Suarez & Munoz Construction, Inc. for Contract No. 12-11, Golden Gate Drive Streetscape Enhancement Project. The Contract was proposed to enhance Golden Gate Drive from Dublin Boulevard to the Dublin BART Station in order to better facilitate pedestrian and bicycle traffic, improve traffic flow, and implement features required in conjunction with the Essex development on Golden Gate Drive. STAFF RECOMMENDATION: Accept the improvements under Contract No. 12-11, Golden Gate Drive Streetscape Enhancement Project; approve the budget change authorizing the use of Downtown TIF and State Gas Tax Funds for the Golden Gate Drive Streetscape Enhancement Project; and authorize the release of retention after 35 days if there are no subcontractor claims. 4.8. Award of Bid—Contract No. 13-08,2013 Storm Drain System Improvements The 2013 Storm Drain System Improvements Contract (CIP No. 960017) provides for repair and/or replacement of storm drain pipeline at eight (8) different sites throughout the City of Dublin. STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 13-08, 2013 Storm Drain System Improvements Contract to Sanact Inc. dba Roto-Rooter. 4.9. Check Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from June 1, 2013 — June 30, 2013 totaling $9,487,393.51. STAFF RECOMMENDATION: Receive the report. July 16,2013 Dublin City Council Agenda Page 3 of 8 • 4.10. Adoption of Impact Fee Guidelines for the Eastern Dublin Traffic Impact Fee, Downtown Dublin Traffic Impact Fee, Public Facilities Fee, Fire Facilities Fee and Noise Fee City staff currently utilizes administrative guidelines relating to the administration of the Eastern Dublin Traffic Impact Fee, Downtown Dublin Traffic Impact Fee and the Public Facilities Fee. The Fire Facilities Fee and Noise Fee have no such guidelines. The existing guidelines for the various fees contain varying provisions which, in some cases, makes administration of the fee collection process more complicated than is necessary. This item seeks City Council approval of two resolutions that would harmonize the administrative guidelines and fee exemption procedures for the for the Eastern Dublin Traffic Impact Fee, Downtown Dublin Traffic Impact Fee, Public Facilities Fee, Fire Facilities Fee and Noise Fee. STAFF RECOMMENDATION: Adopt Resolution Establishing Administrative Guidelines for the Eastern Dublin Traffic Impact Fee, Downtown Dublin Traffic Impact Fee, Public Facilities Fee, Fire Facilities Fee and Noise Fee, and adopt Resolution Establishing a Single Policy for Exemptions For the Eastern Dublin Traffic Impact Fee, Downtown Dublin Traffic Impact Fee, Public Facilities Fee, Fire Facilities Fee and Noise Fee. 4.11. DSRSD Easement Amendment The City Council will consider an amendment to the current easement granted to the Dublin San Ramon Services District (DSRSD) for a waterline continuing from the Civic Center through the parking lot to the Dublin Library. The amendment allows the City to build improvements within the easement area. STAFF RECOMMENDATION: Adopt Resolution Amending the Grant of Easement to Dublin San Ramon Services District, Easement Document Number 2005176359. 4.12. Change Order for Additional Architectural Consultant Services for the Public Safety Complex and Maintenance Yard Facility On March 20, 2012, the City Council approved the Consultant Services Agreement with Dahlin Group Architecture to design the Public Safety Complex at 6363 Clark Avenue and the Maintenance Yard Facility at Scarlett Court. Unforeseen conditions at the existing facilities and changes in the building and safety codes required more extensive design and engineering for the project. STAFF RECOMMENDATION: Authorize the City Manager to execute the Change Order to the Consultant Services Agreement with Dahlin Group Architecture. 4.13. Approval of Partial Release of Security Associated with Tract 6765, Schaefer Ranch Park Improvements (Schaefer Ranch Holdings, LLC, a California Limited Liability Company) The City Council will consider reducing the performance bond associated with the improvements at Schaefer Ranch Park. STAFF RECOMMENDATION: Adopt Resolution Authorizing the City Manager to accept replacement bonds and approve a Partial Release of the Performance Bond associated with Schaefer Ranch Park, Tract 6765 Park Improvements (Schaefer Ranch Holdings, LLC, A California Limited Liability Company) once the necessary requirements have been met. 5. WRITTEN COMMUNICATION—None. July 16,2013 Dublin City Council Agenda Page 4 of 8 ' 6. PUBLIC HEARINGS 6.1 Resolution Determining that Public Interest and Necessity Require the Acquisition of a Roadway Easement and Two Slope and Drainage Easements from APN 905-0002-001-01 (Portion) for the Central Parkway Extension from the Jordan Ranch Development The proposed Resolution of Necessity would authorize the commencement of an eminent domain action to acquire a Roadway Easement and two Slope and Drainage Easements from the property located on the west side of Croak Road, Assessor's Parcel Number 905-0002-001-01 (portion) for the proposed extension of Central Parkway from the Jordan Ranch Development to Croak Road (the "Project"). The approvals for that development provide that, if the developer cannot acquire the property interests for the extension as needed for secondary access, the City would either consider acquisition through the use of eminent domain, if necessary and if the requisite findings are met for such exercise, or waive the conditions that require the developer to complete Central Parkway. STAFF RECOMMENDATION: Conduct public hearing, deliberate and adopt Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Roadway Easement and Two Slope and Drainage Easements From APN 905-0002-01 (Portion) for the Proposed Central Parkway Extension From the Jordan Ranch Development. The City Council must consider all evidence presented at the hearing on the Resolution, and must find and determine each of the following in order to adopt the Resolution: (1) that the public interest and necessity require the Project; (2) that the Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; and (3) that the Roadway Easement, and Two Slope and Drainage Easements are necessary for the Project. 6.2. Amending Rates for Garbage Collection, Disposal, and Recycling Services Provided By Amador Valley Industries and the 2013-2014 Annual Assessment At the City Council meeting on June 18, 2013, the City Council adopted the rates for solid waste collection services for the City of Dublin for Fiscal Year 2013-2014. However, the rates approved by the City Council did not include a fee for benchmark information services, which was passed by the Alameda County Waste Management Authority. The City Council will consider adopting two separate resolutions amending the garbage rates and the refuse related property tax assessment for Fiscal Year 2013-2014. STAFF RECOMMENDATION: Conduct public hearing, deliberate and adopt Resolution Amending the Schedule for Service Rates for Integrated Solid Waste Services; and adopt Resolution Amending the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2013-2014. 6.3. Underground Utility District 2013-1, Dublin Boulevard - Civic Plaza/Sierra Court to Dublin Court The City of Dublin intends to establish Underground Utility District 2013-1 on Dublin Boulevard - Civic Plaza/Sierra Court to Dublin Court to underground existing overhead utilities along Dublin Boulevard, in conjunction with the proposed Dublin Boulevard Improvement project from Civic Plaza/Sierra Court to Dublin Court. The undergrounding portion of the overall Dublin Boulevard Improvement project will be funded with California Public Utilities Commission Rule 20A funds. STAFF RECOMMENDATION: - Conduct public hearing, deliberate, waive the reading and INTRODUCE Ordinance Establishing Underground Utility District 2013-01 on Dublin Boulevard — Civic Plaza/Sierra Court To Dublin Court. 7. UNFINISHED BUSINESS 7.1. Cost Impacts of Prequalification of Bidders on City Projects and Implementation of Labor Compliance Program for City Projects At the City Council's direction, Staff has prepared cost estimates for implementation of prequalification and labor compliance monitoring on the City's public works projects, and is seeking direction from the City Council as to whether to proceed with implementation. July 16,2013 Dublin City Council Agenda Page 5 of 8 • STAFF RECOMMENDATION: Receive the Staff presentation and provide direction to staff on if it wishes to implement prequalification of bidders on City projects or a labor compliance program for City projects and, if so, how it would like to implement those processes. 7.2. Dublin Boulevard Bikeway Corridor Study The 2007 Bikeways Master Plan recommended a study of the Dublin Boulevard corridor through Downtown in order to determine the feasibility of accommodating bicycle lanes between San Ramon Road and the Alamo Canal Trail. The corridor study, which included the evaluation of various alternatives, was initiated in July 2012 in conjunction with the update of the Bikeways Master Plan. Staff will present the results of the study to the City Council to seek direction on the preferred alternative, which would then be included in the update of the Bikeways Master Plan. STAFF RECOMMENDATION: Select preferred alternative for inclusion in the update of the Bikeways Master Plan. 7.3. Report on the impacts of recent General Plan Amendment initiation requests on the Housing Element At the June 18, 2013 City Council meeting, the City Council initiated General Plan and Eastern Dublin Specific Plan Amendment studies for the following projects: 1) East Dublin Transit Center Site A-1; 2) The Groves Lot 3; and, 3) Dublin Ranch Subarea 3. The City Council initiated these requests and directed Staff to evaluate the potential impacts these projects may have on the General Plan Housing Element. Staff has reviewed the projects for consistency with the Housing Element and is reporting back to the City Council for further direction. STAFF RECOMMENDATION: Provide direction on whether or not to study an increase the residential development capacity in the Downtown Dublin Specific Plan area. 7.4. Consulting Services Agreement with Veronica Tam & Associates for the preparation of the 2014- 2022 update to the General Plan Housing Element State law requires that the General Plan Housing Element be updated by January 31, 2015 for the 2014-2022 planning period. The current Housing Element was adopted in 2010 for the 2007-2014 planning period. Staff is proposing to enter into a Consulting Services Agreement with Veronica Tam & Associates to assist with the preparation of the Housing Element update. STAFF RECOMMENDATION: Adopt Resolution Approving a Consulting Services Agreement with Veronica Tam & Associates to prepare the 2014-2022 update to the General Plan Housing Element. 7.5. Sales Tax Reimbursement Agreement with CJC Fallon Gateway LLC In January 2009, the City Council adopted the Sales Tax Reimbursement Program as one way to stimulate economic investment in Dublin. Representatives of CJC Fallon Gateway LLC requested participation in the Sales Tax Reimbursement Program to offset a portion of the $399.750 in construction costs for certain improvements associated with a new gas station/car wash at Fallon Gateway (located on the southwest corner of Dublin Blvd. and Fallon Rd.). STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement for Reimbursement of Sales and Use Tax Revenue with CJC Fallon Gateway LLC relating to construction costs to be performed on a property located at Fallon Gateway (located on the southwest corner of Dublin Blvd. and Fallon Rd.). 7.6. Request by Regency Centers to Participate in the Sales Tax Reimbursement Program The City Council, by motion on June 18, 2013, authorized Staff to prepare a Sales Tax Reimbursement Agreement with Regency Centers, a real estate development company that is in contract to purchase a 14-acre site from the Alameda County Surplus Property Authority at the southwest corner of Hacienda Drive and Dublin Blvd. for the development of a commercial retail center. Staff has prepared the Agreement for the City Council's consideration. STAFF RECOMMENDATION: Adopt Resolution Approving Agreement for Reimbursement of Sales and Use Tax Revenue with Regency Centers. July 16,2013 Dublin City Council Agenda Page 6 of 8 7.7. Emerald Glen Recreation and Aquatic Complex Phase I Improvements The City Council will receive an update on the scope of improvements planned for Phase I, consider the inclusion of Public Art and a change order for design services for the additional scope of improvements. STAFF RECOMMENDATION: Authorize the City Manager to execute the Change Order to the Consultant Services Agreement with Dahlin Group Architecture; determine if Public Art should be included in Phase I of the building and the preferred option for funding for the art; and confirm the composition of the Art Selection Committee proposed by Staff. 8. NEW BUSINESS 8.1. Agreement with Dublin Unified School District Regarding Funding for the Renovation of the Dublin High School Tennis Complex Staff is seeking City Council authorization to execute an Agreement with Dublin Unified School District to fund the renovation of the Dublin High School Tennis Complex and establish operational procedures for school and community use. STAFF RECOMMENDATION: Adopt Resolution Authorizing the City Manager to execute an Agreement with the Dublin Unified School District regarding funding for the renovation of the Dublin High School Tennis Complex and the subsequent operations of said Tennis Complex; and approve the Budget Change in the amount of $303,604. 8.2. Recommendation to Form a Human Services Commission Focusing on Tri-Valley Social Service Issues On June 4, 2013, the City Council approved a Fiscal Year 2013-2014 key initiative to "explore the feasibility of establishing a Human Services Commission focusing on Tri-Valley social service issues." This report discusses the City's recent activities to address social service issues in the Tri-Valley and recommends the creation of a Human Services Commission to support these efforts. STAFF RECOMMENDATION: Receive the report; and approve the creation of a Human Services Commission. 8.3. Creation of the Small Business Assistance Program and Associated Memorandum of Understanding On June 5, 2012, the City Council approved amending the agreement with Amador Valley Industries (AVI) to bring construction and demolition (C&D) collection services under an exclusive agreement. As part of the amendment to the Agreement, AVI agreed to provide an annual economic benefit payment to an organization designated by the City to establish and operate a Small Business Assistance Program. The City has designated the Alameda County Small Business Development Center(operated and managed by the Oakland Metropolitan Chamber of Commerce) to administer the funds of the Small Business Assistance Program under the direction and approval of the City. STAFF RECOMMENDATION: Adopt Resolution Establishing the Small Business Assistance Program and the associated Memorandum of Understanding with the Oakland Metropolitan Chamber of Commerce to administer the funds of the Program under the direction and approval of the City. 8.4. Sub Area 3 General Plan and Eastern Dublin Specific Plan Amendment Study Initiation Revised Request The City Council will consider a revised request to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study for Sub Area 3 of Dublin Ranch. The City Council recently authorized Staff to study the Applicant's request for a land use change but indicated that potentially more of the Open Space/Rural Residential Agriculture area might be better suited to development. The Applicant has considered City Council's comments and amended the original request. The revised Study would evaluate a proposal to change approximately 3 additional acres of Open Space to either Medium or Medium-High Density Residential. July 16,2013 Dublin City Council Agenda Page 7 of 8 STAFF RECOMMENDATION: Adopt Resolution Approving Initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to evaluate changing approximately 3 acres of Open Space to a combination of Medium and Medium-High Density Residential Uses on Sub Area 3 of Dublin Ranch; OR adopt Resolution Denying initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to evaluate changing approximately 3 acres of Open Space to a combination of Medium and Medium- High Density Residential Uses on Sub Area 3 of Dublin Ranch. 8.5. Discussion of Revisions to the Rules of the Conduct of Meetings of the City Council to Allow Teleconferencing The City Council will discuss allowing teleconferencing by its members at City Council meetings. If the City Council is supportive of teleconferencing, the City Council would need to revise its "Rules for the Conduct of Meetings of the City Council" (the Rules), Resolution No. 19-11. STAFF RECOMMENDATION: Discuss teleconferencing by City Councilmembers at City Council meetings, and provide direction to Staff, if approved, regarding revisions to the "Rules for the Conduct of Meetings of the City Council". 9. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to Meetings at City Expense (AB1234). 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. 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 offirst-class recreational opportunities,facilities and programs. July 16,2013 Dublin City Council Agenda Page 8 of 8