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HomeMy WebLinkAbout*CC Agenda 01-06-2009REGULAR.MEETING Tuesday, January 6, 2009, 7:00 p.m. DUBLIN CIVIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL '~ A G E N D A '~ • Agendas and Staff Reports(Agenda Statements) are posted on the City's Internet Website (www ci.dublin.ca.us) NOTE: Agendas posted on the Website are provided as a public service, and are not intended to serve as apart of, or a replacement for any part of the legally required posting of agendas or the public noticing of projects appearing before the City Council. • 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(Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Council Meeting or, in the event that it is delivered to the Councilmembers less than 72 hours prior to a 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. & CLOSED SESSION (6:30 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S. District Court, Northern District of California, Case C 07-05794 MHP 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG 2. REPORT OF CLOSED SESSION ACTION 3. ORAL COMMUNICATIONS 3.1 New Employee Introduction: Deputy Lauren Mixon, Police Services 3.2 Freeway Closures to Accommodate the West Dublin Bay Area Rapid Transit (BART) Station Overcrossing Construction (800-30) A representative from BART and City Staff will make a presentation regarding progress at the West Dublin BART Station, the closure plan for I-580 to accommodate construction of the pedestrian overcrossings, and the impact of the closure plan on Dublin. STAFF RECOMMENDATION: Receive presentation and provide comments. 3.3 Promotional Marketing Brochure (150-30) The City Council will receive a presentation from Staff on the promotional marketing brochure. STAFF RECOMMENDATION: Receive and accept the presentation on the promotional marketing brochure. 3.4 Determine Date/Time of Assembly Bill (AB) 1234 Ethics Training for City Officials and Designated City Staff (650-45) Under Assembly Bill (AB) 1234, "local agency officials" must receive ethics training at least once every two years if the City provides compensation, salary, stipend or reimbursement for actual and necessary expenses to a member of a legislative body. The City will offer a mandatory Ethics Training session to all affected officials and Staff. STAFF RECOMMENDATION: Discuss and determine a date for the AB 1234 Ethics Training session for City officials and Staff or provide Staff with alternate direction. January 6, 2009 Dublin City Council Agenda Page 1 of 5 3.5 Appointment of Alternate to Alameda County Waste Management Authority JPA (110-30) The City Council will consider confirming the appointment of Councilmember Biddle as the City's Alternate to the Alameda County Waste Management Authority (Waste Management Authority) JPA, as of January 6, 2009. The next appointment to the Board will be considered in December 2010. STAFF RECOMMENDATION: Confirm the Mayor's appointment of Councilmember Biddle as the City's Alternate representative on the Alameda County Waste Management Authority JPA, and direct Staff to notify the Waste Management Authority of the appointment. 3.6 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 of Regular Meeting of November 18, 2008 STAFF RECOMMENDATION: Approve. 4.2 Acceptance of Work -Contract No. 08-07, Dublin Square Demolition (600-35) On June 26, 2008, the City Council awarded the contract for the demolition of the Dublin Square Shopping Center to Ferma Corporation. Ferma has completed the majority of the work with the exception of minor remediation work associated with unforeseen conditions. Timing for completion of the remediation will be in advance of the next Council meeting and Staff is requesting that the City Council authorize the City Manager to accept the final improvements for Contract No. 08-07. STAFF RECOMMENDATION: Approve Change Order #2 for $39,000; authorize the City Manager to accept the final improvements; and adopt Resolution Accepting Dublin Square Shopping Center Demolition Contract No. 08-07. 4.3 Acceptance of Work -Contract No. 08-08, Stagecoach Park Play Area Renovation (600-35) Work under the contract included replacement of existing play equipment and sand surfacing with new equipment and poured-in-place rubberized surfacing. Staff, along with representatives from M.A.K. Associates, completed awalk-through of the project on December 23, 2008 and all elements of the project were complete. STAFF RECOMMENDATION: Accept final facility improvements; adopt Resolution Accepting Improvements to Stagecoach Park, Contract No. 08-08; and authorize Staff to accept a maintenance bond in the amount of $9,386 at a future date. 4.4 Acceptance of Work -Contract No. 08-04, Park Furniture Replacement (600-35) Work under the contract included replacement of park furniture including trash receptacles, picnic tables and benches at Shannon and Kolb Parks. Staff, along with representatives from M. A. K. Associates, completed awalk-through of the project on December 23, 2008 and all elements of the project were complete. STAFF RECOMMENDATION: Accept final facility improvements; adopt Resolution Accepting Improvements to Shannon and Kolb Parks, Contract No. 08-04; and authorize Staff to accept a maintenance bond in the amount of $14,368 at a future date. January 6, 2009 Dublin City Council Agenda Page 2 of 5 4.5 Agreement for Long Term Encroachment for Landscape Maintenance at Sonata, Tract 7282 (Lennar Homes) The agreement for Long Term Encroachment for Landscape Maintenance at Sonata, Tract 7282 provides for the Lennar Homes/Sonata Homeowners Association to maintain landscape improvements within the public rights-of--way, including the project frontages, the median landscaping in Kohnen Way and the Grafton Street frontage of Parcel 2 of Tract 7281. STAFF RECOMMENDATION: Adopt Resolution Approving Agreement for Long Term Encroachment for Landscape Maintenance at Sonata, Tract 7282. 4.6 Acceptance of Work -Contract No. 08-14, San Ramon Road Trail Improvements -Root Barriers (600-35) This project repaired and constructed improvements to the bicycle/pedestrian path along the west side of San Ramon Road. This phase of the project cut the roots from trees that had damaged the asphalt path and installed vertical root barriers to protect the path in the future. The City Council will consider accepting the work performed on this contract. STAFF RECOMMENDATION: Accept the improvements under Contract No. 08-14, San Ramon Road Trail Improvements -Root Barriers, and authorize the release of retention after 35 days if there are no subcontractor claims. 4.7 Approval of Release of Security for Rough Grading -Fallon Road North, Phase 1 (600-60) The Lin Family entered into an Improvement Agreement with the City of Dublin to satisfy the Condition of Approval for Dublin Ranch, Area A to construct Fallon Road to the north property line of Dublin Ranch. The rough grading for Fallon Road North, Phase 1, secured by a bond in the amount of $224,400, is complete and this bond may be released. STAFF RECOMMENDATION: Adopt Resolution approving the Release of Security for Rough Grading -Fallon Road North, Phase 1. 4.8 Acceptance of Fallon Road Offsite Street Improvements from Bent Tree to Central Parkway, and Positano Parkway Improvements from Fallon Road to La Strada Drive, Tract 7853, Positano (Braddock and Logan) (600-60) Dublin RE Investors, LLC (Braddock and Logan), entered into an Improvement Agreement with the City of Dublin on May 20, 2008, for the construction of street and other tract improvements associated with Tract 7853. These improvements included the internal streets for Neighborhood "A," as well as construction of Positano Parkway between Fallon Road and La Strada Drive, and improvements to Fallon Road between Bent Tree Drive and Central Parkway. The improvements on Positano Parkway and Fallon Road are now complete and the developer is requesting that bonds for this work be released. STAFF RECOMMENDATION: Adopt Resolution approving Acceptance of Fallon Road Offsite Street Improvements from Bent Tree Drive to Central Parkway, and Positano Parkway Improvements from Fallon Road to La Strada Drive, and Approving Regulatory Traffic Control Devices Installed for Tract 7853, Positano (Braddock and Logan). 4.9 Approval of Grants for Traffic Safety Activities (580-40) Dublin Police Services (DPS) has recently been awarded two additional Driving Under the Influence (DUI) enforcement grants funded through the California Office of Traffic Safety (OTS). These grants will reimburse the City of Dublin a combined total of $28,673.24 for overtime expenditures incurred by DPS while participating in grant operations taking place during Fiscal Year 2008-2009. Participation in these grant operations is part of an ongoing effort to reduce alcohol-related vehicle collisions as well as raising the public's awareness of the problems associated with drinking and driving, thereby improving the overall public safety within the City of Dublin and our surrounding communities. STAFF RECOMMENDATION: Adopt. Resolution Approving Agreement with the Regents of the University of California and Livermore Police Department for Participation in the Office of Traffic Safety Sobriety Checkpoint and "Avoid the 21" DUI Campaign Grants; and approve the Budget Change. January 6, 2009 Dublin City Council Agenda Page 3 of 5 4.10 Approval of Partial Release of Security for Tract 7651, Sorrento East (600-60) SR Structured Lot Options I, LLC, a Delaware Limited Liability Company (Regent Properties), filed the Final Map for Tract 7651 for the sole purpose of creating the school parcel, dedicating Palermo Way along the school frontage, and providing improvements to serve the school. The Tract 7651 improvements are more than 80% complete and the security for these improvements may now be reduced. The City Council will consider approving the partial release of the security for this tract. STAFF RECOMMENDATION: Adopt Resolution approving Partial Release of Security for Tract 7651, Sorrento East. 4.11 Warrant Register ($6,120,039.40) dated January 6, 2009 (300-40) STAFF RECOMMENDATION: Approve. 5. WRITTEN COMMUNICATIONS -None. 6. PUBLIC HEARINGS 6.1 Wallis Ranch (Phase I) (Dublin Ranch West) Development Agreement between the City of Dublin and the Lin Family for the 184-Acre Wallis Ranch (Dublin Ranch West) Project (PA OS-051) (600-60) The City Council will consider adopting an Ordinance approving a development agreement between the City of Dublin and the Lin Family. STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive reading and INTRODUCE Ordinance Approving the Development Agreement for PA OS-051 Wallis Ranch (Dublin Ranch West) Chang Su-O Lin ("The Lin Family"). 7. UNFINISHED BUSINESS 7.1 Economic Incentive Program -Sales Tax Reimbursement Program (470-20) The City Council will consider the creation of a Sales Tax Reimbursement Program as part of a Citywide Economic Incentive Program. STAFF RECOMMENDATION: Adopt Resolution Approving the Sales Tax Reimbursement Program or provide Staff with direction on the program. 8. NEW BUSINESS 8.1 Dublin Ranch North Property -Request to Initiate a General Plan Amendment and Eastern Dublin Specific Plan Amendment Study to Amend the Existing Land Use Designations on the Dublin Ranch North Property, Commonly Referred to as the Redgewick Property (APN 985-0028-003-02) (PA 08-045) This item is a request to initiate an Eastern Dublin Specific Plan Amendment and General Plan Amendment Study to modify the existing land use designations on the Dublin Ranch North property. The Applicant has submitted an application requesting that the City Council consider changing the density of the property from 68 units to 4 units. STAFF RECOMMENDATION: Adopt Resolution Approving the Initiation of a General Plan Amendment and Eastern Dublin Specific Plan Amendment Study to Amend the Existing Land Use Designations to Reduce the Dwelling Unit Density for a Property Located on Fallon Road Near the Intersection of Tassajara Road (Redgewick) (APN 985-0028-003-02) PA 08-045; or adopt Resolution Denying the Initiation of a General Plan Amendment and Eastern Dublin Specific Plan Amendment Study to Amend the Existing Land Use Designations to Reduce the Dwelling Unit Density for a Property Located on Fallon Road Near the Intersection of Tassajara Road (Redgewick) (APN 985-0028-003-02) PA 08-045. January 6, 2009 Dublin City Council Agenda Page 4 of 5 8.2 Designation of Voting Delegate for the 2009 National League of Cities Annual Conference (140-30) The City Council will consider appointing one of its members as a voting delegate and one to serve as an alternate to vote on the City's behalf at the National League of Cities annual conference. STAFF RECOMMENDATION: Review and discuss a Councilmember appointment to serve as voting delegate. to vote on the City's behalf at the National League of Cities annual conference, and appoint an additional City Councilmember to serve as an alternate should the voting delegate be unable to attend due to unforeseen scheduling conflicts. 8.3 Glen the Guide Nature Day Camp Program Plan (950-30) The City Council will consider the proposed program plan for the new "Glen the Guide Nature Day Camp" program at Shannon Park. STAFF RECOMMENDATION: Receive report and provide input on proposed program plan. 8.4 Proposed Youth Fee Assistance Guidelines (950-20) The City Council will consider the proposed guidelines for a new Youth Fee Assistance Program to support access to City recreation services by youth from financially disadvantaged households. STAFF RECOMMENDATION: Receive the report and approve the proposed program guidelines or provide alternate direction. 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 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. ~1 ~~ Agenda Panted 12/30/2008 4:21:41 PM Mission The City of Dublin promotes and supports a high quality of life that ensures a safe and secure errvironment, fosters new opportunities and provides responsive fair treatment to our diverse community 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, with its distinctive place in the region, highlights culture, diversity and civic stewardship to create a broad mosaic. This mosaic is enriched by the integrating of cultures, races and economic diversity into villages and neighborhoods -forming a common network that welcomes both residents and businesses alike; supporting the efforts and achievements of all. January 6, 2009 Dublin City Council Agenda Page 5 of 5