HomeMy WebLinkAbout*CC Agenda 05-06-2008
REGULAR MEETING
Tuesday, May 6, 2008,7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
. AGENDA.
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CALL TO ORDER & CLOSED SESSION (6:30 D.m.)
I. CLOSED SESSION - EXISTING LITIGATION
Government Code Section 54956.9, subdivision a
Name of Case: Arroyo Vista Tenants Association et al. v. City of Dublin et al.
United States District Court, Northern District of California, Case No. C07-05794 MHP
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Introduction of New Employee: Phyllis Whittaker, Secretary, Police Services (700-10)
3.2 Acceptance of Gifts from Dublin Historical Preservation Association (150-70)
The City Council will be asked to formally acknowledge a list of items donated by the Dublin
Historical Preservation Association to the Dublin Heritage Center.
STAFF RECOMMENDATION: Accept gifts from Dublin Historical Preservation Association
and direct Staff to prepare a formal acknowledgement.
3.3 Proclamation National Tourism Week (610-50)
3.4 Proclamation of Housing Opportunities Week (610-50)
The Mayor will proclaim May 12-16,2008 Housing Opportunity Week.
3.5 Presentation by the Community Development Department on Housing Opportunities in the
City of Dublin (430-80)
The City will receive a presentation from Staff on Housing Opportunities in Dublin.
STAFF RECOMMENDA nON: Receive presentation and provide comments.
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 (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).
May 6, 2008 Dublin City Council Agenda
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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 March 4, 2008
STAFF RECOMMENDATION: Approve.
4.2 Approval of Budget Change Authorizing Expenditure of Proposition IB Funds
(Transportation Grant Funds) for Capital Improvement Program (CIP) Project No. 96852
Dougherty Road Improvements - Houston Place to 1-580 (660-40/820-20/390-10)
On February 5, 2008, the City Council approved a plan to utilize Proposition IB grant funds
for the Dougherty Road Improvements - Houston Place to 1-580 Project. The State has
advised that eligible expenditures can be funded with Proposition IB grant monies beginning
April 1, 2008, thereby necessitating a Budget Change to adjust the funding source for project
expenditures to reflect the use ofthese funds in Fiscal Year 2007-2008.
STAFF RECOMMENDATION: Approve the budget change.
4.3 City Treasurer's Investment Report for 3rd Quarter 2007-2008 (320-30)
The City's investment portfolio totals $118,018,240 (par value). As of March 31, 2008, funds
were invested at an average yield of 4.046%.
STAFF RECOMMENDATION: Receive report.
4.4 Amendment No.1 to the Consulting Service Agreement with Vali Cooper & Associates,
Inc., for Construction Administration and Inspection Services for the Dublin
Boulevard/Dougherty Road Improvements Project (600-30)
It has been determined that additional consulting services will be required in the areas of
construction administration and inspection in order for the Dublin Boulevard/Dougherty Road
Improvements Project to be completed. The City Council will consider approving an
amendment to the consultant contract with Vali Cooper & Associates, Inc., to perform these
additional services to enable this project to be completed. Funding for these services is
derived from Eastern Dublin Traffic Fees, the Downtown Traffic Impact Fee, and voluntary
traffic mitigation contributions.
STAFF RECOMMENDATION: Adopt Resolution Approving Amendment No. 1 to the
Agreement with Vali Cooper & Associates, Inc., for Consulting Services for the Dublin
Boulevard/Dougherty Road Intersection Improvements (CIP No. 96852, Dougherty Road
Improvements - Houston Place to 1-580).
4.5 Disposal of Surplus Property (350-40)
The City Council will consider declaring certain items surplus property and authorizing Staff
to send the items to a professional auction company for auction.
STAFF RECOMMENDATION: Adopt Resolution Declaring Certain Items as Surplus Property
and authorize Staff to proceed with transfer of property to auction.
4.6 Memorandum of Understanding (MOU) between City of Dublin and Dublin Unified School
District (DUSD) for School Resource Officer (SRO) (600-40)
This MOU identifies the goals of the SRO, describes the responsibilities of each entity, and
discusses the continued funding agreement. For Fiscal Year 2007-2008, DUSD has agreed to
continue its $40,000 contribution as part of a cooperative effort to sustain the SRO position.
STAFF RECOMMENDATION: Adopt Resolution Authorizing Execution of Memorandum of
Understanding Between City of Dublin and Dublin Unified School District for School Officer.
4.7 Park Furniture Replacement - Contract No. 08-04 (600-35)
On March 18, 2008, the City Council authorized Staff to solicit bids for furniture replacement
at Shannon Park. The intent of the project is to replace existing picnic tables, benches and
trash receptacles with new furniture consisting of recycled plastic and metal components.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 08-04 Park
Furniture Replacement to M.A.K. Associates, Incorporated.
May 6, 2008 Dublin City Council Agenda
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4.8 Devany Square Consultant Services Change Order (600-35)
On October 3, 2006, the City Council approved an agreement with Callander Associates
Landscape Architecture Inc. to complete design services for Devany Square (formally known as
Area G Square). Staff is seeking additional construction administration services through the
remaining project construction.
STAFF RECOMMENDATION: Approve Change Order #3 for Callander Associates Landscape
Architecture Inc. in the amount of $2,640.
4.9 Shannon Community Center Consultant Services for Engineering Commissioning (600-30)
At the March 20, 2007 City Council meeting, the City Council accepted the bid for the
Shannon Community Center Project. The project is designed to meet LEED (Leadership in
Energy & Environment Design) Silver rating which includes an independent commissioning
of the building's energy systems. Taylor Engineers will provide commissioning services for
LEED energy efficiency requirements.
STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement with Taylor
Engineers, Inc. for the Shannon Community Center Contract No. 07-02 Commissioning Testing.
4.10 Approval of Agreement for Dougherty Assessment District and Stagecoach Assessment
District Landscape Maintenance Services (600-30)
This item would approve an agreement with TruGreen LandCare to provide landscape
maintenance services for both the Dougherty and Stagecoach Assessment Districts.
STAFF RECOMMENDATION: Adopt Resolution Approving Agreement with TruGreen
LandCare for Landscape Maintenance Services in the Dougherty Landscape Assessment District
and the Stagecoach Landscape Assessment District.
4.11 Award of Bid - Contract No. 07-13A, I-580/Fallon Road Interchange Improvements (CIP
No. 96430)
The I-580/Fallon Road Interchange Improvement Project proposes to modify the existing
diamond interchange design to a partial cloverleaf configuration while increasing the capacity
of the interchange ramps and the ramp intersection. The City Council will consider awarding
this contract to the low bidder, American Civil Constructors/Top Grade Construction, Joint
Venture.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 07-13A
I-580/Fallon Interchange Improvements (CIP No. 96430) to American Civil Constructors/Top
Grade Construction, Joint Venture.
4.12 Ordinance Adding Chapter 4.36 (Emergency Medical Services) to Dublin Municipal Code
(DMC) (660-60)
This is the second reading of an ordinance that would add Chapter 4.36 to the DMC requiring
any emergency medical service provider based or operating within the City of Dublin to
comply with requirements imposed by Chapter 6.114 of the Alameda County General
Ordinance Code.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Adding Chapter 4.36,
Relating to Emergency Medical Services, to the Dublin Municipal Code.
4.13 Warrant Register ($3,629,615.11) dated May 6, 2008 (300-40)
STAFF RECOMMENDATION: Approve.
4.14 Preliminary Financial Reports for the Month of March 2008 (330-50)
This item provides the report of the financial statements for the month of March 2008.
STAFF RECOMMENDATION: Receive reports.
May 6, 2008 Dublin City Council Agenda
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5. WRITTEN COMMUNICATIONS
5.1 Request for City of Dublin's Participation in the Livermore Valley Film Commission
(470-50)
The City Council will consider the request to participate in the Livermore Valley Film
Commission.
STAFF RECOMMENDATION: Receive presentation and, if the City Council is interested in
supporting this request, direct Staff to include the request as a Higher Service Level in the Fiscal
Year 2008-2009 budget.
6. PUBLIC HEARINGS
6.1 Ordinance Adding Chapter 8.42 (Superstores) to the Dublin Municipal Code (420-20)
This is the first reading of a Superstore Ordinance which will ban the construction of
Superstores in the City of Dublin, which exceed 170,000 square feet in size with at least 10%
or more of sales devoted to non-taxable merchandise.
STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive reading and
INTRODUCE Ordinance Adopting Chapter 8.42 of the Dublin Municipal Code Relating to
Superstores.
6.2 Amendment of Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) (560-90)
This is the first reading of an ordinance the City Council will consider increasing the
prohibition of smoking within a reasonable distance of entrances into areas in which smoking
is prohibited and around unenclosed areas in which smoking is prohibited from 15 to 20 feet.
STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive reading and
INTRODUCE Ordinance Amending Chapter 5.56 of the Dublin Municipal Code Relating to
Smoking Pollution Control.
7. UNFINISHED BUSINESS
7.1 Update Regarding the Review of Alameda County Zone 7 Flood Control's (Zone 7)
Proposed Fee Increase to Fund the Stream Management Master Plan and Stream WISE
Program (1000-80)
Zone 7' s Stream Management Master Plan (SMMP) addresses flood protection, drainage
issues and other environmental and community enhancing needs affecting management of the
streams and arroyos in the Tri-Valley area. The StreamWISE (Stream Waterway
Improvements Supporting the Environment) Program prioritizes the 45 projects identified in
the SMMP and develops the public outreach, engineering, environmental and financial needs
of each project. The City Council will hear an update pertaining to a meeting with Zone 7
held on May 1 in which stakeholders were able to present concerns regarding Zone 7' s
proposed fee increase intended to support the projects arising from the SMMP and
Stream WISE Program.
STAFF RECOMMENDATION: Receive presentation and provide any comments.
7.2 Smoke-Free Multifamily Focus Group Recruitment (560-90)
The City Council will consider soliciting applications for a taskforce that would work on
presenting recommendations to augment the City's smoking pollution control policies and
regulations regarding multifamily dwellings. Specifically, the task force would study creating
smoke-free housing units and smoke-free outdoor areas, among other issues, within the City's
rental apartment complexes.
STAFF RECOMMENDATION: Provide Staff with direction on the implementation of a
Smoke-Free Multifamily Dwelling Taskforce and direct Staff to solicit applications for the
Taskforce.
May 6, 2008 Dublin City Council Agenda
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7.3 Dougherty Hills Dog Park (290-20)
The City Council will consider options for the Dog Park related to alternative surfacing,
signage and supervision.
STAFF RECOMMENDATION: Director Staff to prepare Higher Service Level for Park
Maintenance in the Fiscal Year 2008-2009 Budget to replace the turf in the large dog area
with Bermuda sod; and direct Staff to modify the Dog Park rules signs and to pursue revisions
to the Dublin Municipal Code related to the Dog Park rules.
7.4 Amendment to Dublin Municipal Code Chapter 5.48 (Gaming) (585-50)
This is the second reading of an amendment to the Dublin Municipal Code Chapter 5.48
relating to Gaming.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Chapter 5.48
of the Dublin Municipal Code relating to Gaming.
8. NEW BUSINESS
8.1 Amended and Restated Joint Exercise of Powers Agreement with the Livermore/Amador
Valley Transit Authority (LA VTA) (600-40)
The Livermore/Amador Valley Transit Authority (LA VTA) was formed in 1985 by means of
a Joint Exercise Powers Agreement (JEPA) between the County of Alameda and the Cities of
Dublin, Livermore, and Pleasanton. The agreement provided for the creation of LA VT A as a
separate and distinct public entity empowered to own, develop, operate and administer a
public transportation system. LA VT A is proposing to amend and restate the JEP A and is now
asking the Cities and County to approve the amended and restated agreement.
STAFF RECOMMENDATION: Adopt Resolution Authorizing Execution of the Amended and
Restated Joint Exercise of Powers Agreement with the Livermore/Amador Valley Transit
Authority.
8.2 Report to Council on the Light Brown Apple Moth and Recent Developments in Aerial
Spraying (560-40)
The light brown apple moth is a devastating pest to ornamental plants and agricultural crops.
The presence of this insect pest has been detected in the City of Dublin, and this report
discusses measures taken to date. While spraying was not implemented within the City of
Dublin, the report discusses the status of aerial spraying as a means of eradicating the pest in
other areas of the State.
STAFF RECOMMENDATION: Receive presentation and provide comments as appropriate.
8.3 Revisions to the Collections Management Policy and Procedures (295-10)
The City Council will receive a report listing some original furnishings and farm equipment
which Staff intends to procure as a part of the acquisition of the Kolb Family properties.
These items will be added to the Collections Management Policy and Procedures for the
Heritage Center.
STAFF RECOMMENDATION: Approve revisions to Collections Management Policy and
Procedures.
8.4 Identification of Senior Center (240-20)
The City Council has a high priority objective to improve identification of the Senior Center
from Amador Valley Boulevard. Staff has worked with a local sign company to develop a
conceptual design to accomplish this objective.
STAFF RECOMMENDATION: Direct Staff to proceed with the installation of lettering on the
patio wall or provide alternate direction.
May 6, 2008 Dublin City Council Agenda
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8.5 Report to Council on Transition Options at City Limit for the City of San Ramon's
Dougherty Road Widening Project (820-20)
The City of San Ramon is preparing to construct roadway improvements on Dougherty Road
north of the City Limit line. This project will require a transition to the Dublin portion of
Dougherty Road, and two options will be presented to the City Council for consideration.
STAFF RECOMMENDATION: Receive the presentation, choose a roadway alternative, and
direct Staff to coordinate the implementation of that alternative with the City of San Ramon.
8.6 Designation of Agency Labor Negotiators - Unrepresented Employee: City Manager
(110-30/600-30)
This item provides for the designation of two members of the City Council as the City's
representatives to discuss conditions of employment, including salary and fringe benefits, for
the City Manager.
STAFF RECOMMENDATION: Designate Mayor Lockhart and Vice Mayor Sbranti as the
City's representatives to discuss conditions of employment, including salary and fringe benefits,
for the City Manager.
8.7 Consideration of a Temporary Rental Program for Below Market Rate Units (430-80)
The City Council will consider options for Below Market Rate (BMR) homeowners who are
having a difficult time selling their units, including the option of a temporary lease program.
STAFF RECOMMENDATION: Receive presentation and public comments; and direct Staff to
bring back a program to permit BMR unit Owners to lease their BMR units as described in the
Staff Report.
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)
Ifrequested, 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 D.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 5/1/2008 2:15:31 PM
Mission
The City of Dublin promotes and supports a high quality of life that ensures a safe and secure environment, 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.
May 6, 2008 Dublin City Council Agenda
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