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Home My WebLink About*10-10-1994 CC AgendaOctober 10, 1994 City Council Agenda A complete packet of information containing Staff Reports and exhibits related to each agenda item is available for public information several days prior to a Council meeting in the City Clerk's Office & also at the Dublin Library. 1. cALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ORAL COMMUNICATIONS At this time, members of the audience are permitted to a~ress the City Council on items of interest to the public; however,~in accordance with GC 54954.2, no ACTION or DISCUSSION shall take pLace on any item which is NOT on the City Council Agenda. The Council may respond briefly to statements made or questions posed, or may request Staff to report ~ck at a future meeting concerning the matter. Furthermore, a member of the City Council may direct Staff to place a matter of business on a future agenda. Any person may arrange with the City Clerk (no later than 11:00 a.m., on the Tuesday preceding a regular meeting) to have an item of concern placed on the age~a for the next regular meeting. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in GC 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval ~ the City Council with one single action. Members of the audience or the City Council who would like an item removed from the Consent Calendar for ~rposes of public input may request the Mayor to remove the item. 4.1 Minutes: Regular Meeting of October 3, 1994 (rescheduled from September 26, 1994) STAFF RECOMMENDATION: Approve 4.2 Local Agency - State Agreement for Federal Aid Projects Program Supplement 006 Program Supplements are project-specific agreements which attach to the master agreement between the City and State for use of Federal Aid funds. This supplement pertains to the Dougherty Road/Sierra Lane improvements. STAFF RECOMMENDATION: Adopt Resolution. 4.3 Acceptance of Work - Contract 94-06, Street Slurry Seal This project was completed according to approved specifications and within funds budgeted for construction. STAFF RECOMMENDATION: Accept improvements. 4.4 Award of Bid for Civic Center Cabling Project Four Cabling bids were opened on September 30th. One bid was declared non-responsive as it did not comply with the bid instructions. The lowest responsible bidder was Johnson Controls who submitted a bid of $14,636.80. STAFF RECOMMENDATION: Adopt Resolution rejecting bid from Semans Communications Inc., and awarding bid to Johnson Controls. 4.5 Informational Report on Submittal of 1995 and 1996 Waste Management of Alameda County, Inc. (WMAC) Garbage Rate Application In August of 1994, WMAC submitted a 2-year rate application requesting an increase in garbage rates covering 1995 and 1996. The rate application is an integrated package encompassing landfill operations as well as waste collection/transfer components. STAFF RECOMMENDATION: Refer Rate Application to Joint Refuse Rate Review Committee (JRRRC) for review. 4.6 Agreement with Alameda County regarding Mortgage Credit Certificate (MCC) Program The City Council will consider continuing its participation in the Mortgage Credit Certificate Program in cooperation with the County of Alameda. This Program enables the City to provide financing assistance for first time home buyers who are in the lower end of the home purchasing spectrum and who are purchasing new or existing single-family dwelling units in Alameda County. STAFF RECOMMENDATION: Adopt Resolution approving the MCC Program and authorizing the city Manager to sign the City/ County MCC Agreement. 4.7 Annual Report of Developer Deposits Pursuant to Government Code Section 66001 (AB 1600) State Law authorizes a city to require development applicants to contribute fees toward off-site improvements which are needed as a result of new development. For fees collected more than 5 years ago, certain findings must be made by the City Council or the fees are forfeited. The balance in this account as of June 30, 1994 is $216,850. STAFF RECOMMENDATION: Receive Report and adopt Resolution making findings regarding unexpended impact fees for Fiscal Year 1994-95 4.8 Acceptance of Work Contract 94-05, Annual Overlay/Street Monuments This contract included the asphalt overlay of several streets and the raising to finished street grade of survey monuments. It also included street repair work for the overlay project and subsequent slurry seal project all within the street operating budget. Work has been satisfactorily completed under this contract. STAFF RECOMMENDATION: Accept improvements; authorize final retention payment of $22,361.67 to East Bay Excavating Company, Inc.; authorize release of faithful performance ~ bonds; and make appropriate budget adjustments. 4°9 Warrant Register ($254,273.91) Dated October 10, 1994 STAFF RECOMMENDATION: Approve 5. WRITTEN COMMUNICATION - None 6. PUBLIC HEARING 6.1 Area of Benefit Ordinance The Eastern Dublin Specific Plan which was adopted in 1993 includes financing goals, including a goal that new development in the Specific Plan area should pay the full cost of infrastructure needed to serve the area. An Area of Benefit Ordinance is an implementing or enabling ordinance authorized by Government Code Section 66484 which is part of the State Subdivision Map Act. STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and INTRODUCE ordinance. 6.2 Review of Viacom's Basic Cable Rates for period September 1, 1993 through July 14, 1994 The City's Cable Operator, Viacom Cable, submitted FCC Form 393 rate application. As a local certified franchising authority, the City Council can regulate the basic service tier. The public hearing is designed to give interested parties an opportunity to comment before the City Council takes action. STAFF RECOMMENDATION: Adopt Resolution ordering Viacom to comply with the FCC regulations by using the "preponderance of use,, method of counting regulated channels, and order a rate reduction for the basic tier; and direct Staff to file a request for clarification from the FCC of the "preponderance of use" method for counting channels. 6.3 Eastern Dublin Annexation/Detachment and Prezone #1 PA 94-030 The city proposes to annex approximately 1,500 acres to the City of Dublin and the Dublin San Ramon Services District, detach 1,029 acres from the Livermore Area Recreation and Park District, and prezone the approximate 1,500 acre site, all located within the Eastern Dublin General Plan Amendment and Specific Plan area. STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt 6 Resolutions; waive reading and INTRODUCE Ordinance; continue item to the October 24, 1994 City Council meeting for the second reading and adoption of the Ordinance. 7. UNFINISHED BUSINESS - None 8. NEW BUSINESS 8.1 Proposal by Alameda County to revise Business License Tax paid by Landfill Operators Alameda County is proposing to amend its method for calculating the Business License Tax for the Waste Disposal Facility Operator category. The proposed amendment would charge operators 95¢ per ton of solid waste accepted at the facility. County Staff estimate that this will generate annual revenues~of $1.9 million. City Staff estimate that Dublin rate payers would incur approximately $25,800 in additional taxes annually. STAFF RECOMMENDATION: Consider whether to take a position on the proposal and direct Staff to communicate Council position prior to the Board of Supervisor's public hearing scheduled for October 18, 1994 8.2 Master Development Agreement for Eastern Dublin The Eastern Dublin Specific Plan calls for the City to develop a Master Development Agreement to serve as the format for all development agreements within the Specific Plan area. The Master Development Agreement would be used as the basis for beginning negotiation discussions with developers. STAFF RECOMMENDATION: Adopt Resolution approving the Master Development Agreement ~ '' ~. ~. OTHER BUSINESS - Brief INFORMATIONAL ONLY Reports from City Councilmembers and/or Staff 10. CLOSED SESSION 10.1 Conference with Legal Counsel - Existing Litigation pursuant to subdivision (a) of Government Code Section 54956.9: City of Dublin vs. Dublin Meadows Partners, Golden Eagle Insurance Company and JL Construction Company - Alameda County Superior Court Case No. V-003778-9 10.2 Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to subdivision (c) of GC Section 54956.9: One potential case REPORT OF CLOSED SESSION ACTION 11. ADJOURNMENT Agenda Printed October ?, 1994 4:07 PM