HomeMy WebLinkAbout*CC Agenda 06-01-2010REGULAR MEETING
Tuesday, June 1, 2010
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CTTY COUNCIL
'~ A G E N D A'~
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CALL TO ORDER & CLOSED SESSION 6:30 P.M.
I. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case
Existing facts and circumstances: Letter from Elite Landscaping, Inc., dated March 12, 2010
II. CONFERENCE WITH LEGAL COLJNSEL---ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case
III. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: A portion of 6700 Dougherty Road (Assessor's Parcel Number 941-0007-001-07)
Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Eden Housing, Inc.
Under negotiation: Price and terms of payment
REGULAR MEETING 7: QO P.M.
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Dublin Youth Advisory Committee Annual Report and Certificates of Appreciation
(110-30)
3.2 Certificates of Recognition for Dublin High School Students' Participation in "Got Milk"
Promotional Contest (610-50)
3.3 2010 Business Anniversary Awards (470-70)
The City Council will recognize those businesses that have been in Dublin for 20, 30, 35 and
40 years.
STAFF RECOMMENDATION: Recognize those businesses that have been in Dublin for 20,
30, 35 and 40 years.
3.4 Police Services Contract Evaluation (600-40)
The City of Dublin contracts for Police Services with the Alameda County Sheriff's Office.
This report provides a comprehensive evaluation of the services provided and a proposed
contract extension of five years through June 30, 2015.
STAFF RECOMMENDATION: Receive the report and adopt Resolution Approving the
Agreement Between the City of Dublin and the County of Alameda for Law Enforcement
Services.
June 1, 2010 Dublin City Council Agenda Page 1 of 6
3.5 Acceptance of Gifts from Dublin Historical Preservation Association (150-70)
The City Council will receive a report on the numerous donations the Dublin Historical
Preservation Association made in Fiscal Year 2009-2010 to support projects and programs at
the Dublin Heritage Center.
STAFF RECOMMENDATION: As per Government Code Section 37354, accept the gifts and
direct Staff to prepare a formal acknowledgement to the Dublin Historical Preservation
Association.
3.6 Acceptance of Donations for All-America City Awards Competition and Approval of
Budget Change (150-70)
On April 6, 2010, the City of Dublin was named a finalist by the National Civic League for
the 2010 All-America City Award Competition. In order to be selected as an All-America
City Award winner, a delegation from the City of Dublin must travel to Kansas City, Missouri
in June 2010 to compete for the prestigious award. Private funding has been raised to send a
delegation. Staff is recommending that the City Council accept the donations received to
attend the competition this month, approve a Budget Change which will recognize the
additional costs and offsetting revenue from contributions, and authorize out of state travel at
City expense.
STAFF RECOMMENDATION: Accept the donations for the All-America City Awards
competition; authorize City travel out of state by Staff and City Council to represent the City of
Dublin at the All-America City Awards; approve the budget change; and direct Staff to prepare a
formal acknowledgement to the donors.
3.7 Acceptance of Gifts from Lowe's of Dublin (150-70)
The City Council will accept donations provided by Lowe's of Dublin for Dublin Pride Week.
STAFF RECOMMENDATION: As per Government Code Section 37354, accept the gifts and
direct Staff to prepare a formal acknowledgement to Lowe's of Dublin.
3.8 Report on 2010 Dublin Pride Week Activities (150-80)
The City Council will formally recognize contributions made by various individuals and
organizations which helped ma.ke 2010 Dublin Pride Week activities a successful community
event. The City Council will also recognize the Dublin Pride Week Poster Contest winners.
STAFF RECOMMENDATION: Receive the 2010 Dublin Pride Week activities report,
recognize the sponsors and also recognize the poster contest winners.
3.9 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 f3) 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 remove the item.
4.1 Minutes of Regular Meeting of Apri120, 2010
STAFF RECOMMENDATION: Approve minutes.
4.2 Planned Development Rezone with a Related Stage 1 Development Plan, Grafton Plaza,
PA 07-006 (450-30)
Grafton Plaza is 25.33 acres located within the Eastern Dublin Specific Plan Area. Approval
of a Planned Development Rezone with a related Stage 1 Development Plan would expand
the allowable uses on the site and would conform to the General Plan and Eastern Dublin
Specific Plan Amendments approved by the City Council on May 18, 2010. Development of
the site could include one of two options: Option 1 would allow a mixed use development and
permit up to 50% of the development area be comprised of residential uses and Option 2
would allow a campus office development.
June 1, 2010 Dublin City Council Agenda Page 2 of 6
STAFF RECOMMENDATION: Waive the reading and adopt Ordinance Approving a
PD-Planned Development Rezone and a Related Stage 1 Development Plan for the Grafton Plaza
Project (APN 985-0061-010 & 985-0061-004) PA 07-006.
4.3 Nielsen Property Residential Project - Planned Development Rezone with a related Stage 1
Development Plan Amendment and Stage 2 Development Plan, and a Supplemental
Environmental Impact Report, PA 07-057 (450-30)
The Nielsen project site is 10.9 gross acres located at 6407 Tassajara Road within the Eastern
Dublin Specific Plan Area. The proposed Project includes a request to amend the General
Plan and Eastern Dublin Specific Plan. The proposed General Plan and Eastern Dublin
Specific Plan amendments would modify the existing land use designations from Rural
Residential/Agricultural to Single Family Residential (EDSP) and allow a reduction in the
width of on-site streets. Approval of a Planned Development Rezone with a related Stage 1
Development Plan Amendment and Stage 2 Development Plan would expand the allowable
uses on the site and permit up to 36 residential units. Site Development Review for the
project will happen at a later date.
STAFF RECOMMENDATION: Waive the reading and adopt Ordinance Approving a Planned
Development Rezone with a Related St'age 1 Development Plan Amendment and Stage 2
Development Plan for the Nielsen Property Residential Project (6407 Tassajara Road -
APN 985-0002-009-02) (PA 07-057).
4.4 Approve Budget Change and Contract Change Order No. 1 for Contract No. 10-04, 2009-
2010 Annual Street Overlay Program (CIP No. 969101) (600-35)
On May 4, 2010, the City Council awarded Contract No. 10-04, 2009-2010 Annual Street
Overlay Program to G. Bortolotto & Co., Inc. As a cost savings measure, Staff recommends
that the City Council approve a Budget Change and Contract Change Order No. 1 to Contract
No. 10-04. The total costs of the additional work including a 10% contingency is $62,645,
which will be used to repair a storm drain pipe on Wineberry Way (Wineberry Way is one of
the streets receiving an overlay) and to complete paving allowing for the use of Central
Parkway between Lockhart Street and Fallon Road.
STAFF RECOMMENDATION: Approve a Budget Change and Contract Change Order No. 1
to Contract No. 10-04 awarded to G. Bortolotto & Co., Inc.
4.5 Adoption of a Resolution Approving the Use of Fiscal Year 2010-2011 Community
Development Block Grant (CDBG) Funds (600-30/600-40)
The City Council will consider authorizing an Agreement between the City of Dublin and the
County of Alameda to receive Community Development Block Grant funds for Fiscal Year
2010-2011 and approving Community Development Block Grant-funded Agreements with
Axis Community Health; Bay Area Community Services; Open Heart Kitchen; Senior
Support of the Tri-Valley; Spectrum Community Services, Inc.; and Tri-Valley Haven for the
same fiscal year and authorizing the City Manager to sign the above Agreements.
STAFF RECOMMENDATION: Adopt Resolution Authorizing an Agreement between the City
of Dublin and the County of Alameda to Receive Community Development Block Grant Funds
for Fiscal Year 2010-2011 and Approving Community Development Block Grant-Funded
Agreements with Axis Community Health; Bay Area Community Services; Open Heart Kitchen;
Senior Support of the Tri Valley; Spectrum Community Services, Inc.; and Tri-Valley Haven for
the Same Fiscal Year and Authorizing the City Manager to Sign the Above Agreements.
June 1, 2010 Dublin City Council Agenda Page 3 of 6
4.6 Review of Engineering Survey Results and Establishment of Speed Limit for Amador
Valley Boulevard, Martinelli Way and Arnold Road (820-80)
This is the second reading of an ordinance introduced at the regularly scheduled City Council
meeting of May 18, 2010. The ordinance will establish, based on the findings of engineering
and traffic surveys, new speed limits of 30 mph on Amador Valley Boulevard between
Village Parkway and Stagecoach Road, 40 mph on Martinelli Way between Iron Horse
Parkway and Hacienda Drive, and 35 mph on Arnold Road between Dublin Boulevard and
Altamirano Road.
STAFF RECOMMENDATION: Waive the reading and adopt Ordinance Amending the Dublin
Traffic Code to Establish New Speed Limit on Certain Portions of Amador Valley Boulevard
(Village Parkway to Stagecoach Road), Martinelli Way (Iron Horse Parkway to Hacienda Drive)
and Arnold Road (Dublin Boulevard to Altamirano Road).
4.7 Authorization to Purchase a Below Market Rate Unit at 5501 De Marcus Boulevard,
Number 364 (670-20/600-25)
The City Council will review a budget change to purchase and prepare a below market rate
unit at 5501 De Marcus Boulevard, Number 364, for resale with the proceeds returning to the
City's Affordable Housing Fund.
STAFF RECOMMENDATION: Approve the Budget Change and authorize the City Manager to
execute the necessary documents.
4.8 City Manager Authorization to Terminate Agreement Relating to Dublin Historic Park
Phase I Project (600-35)
Due to circumstances surrounding the Dublin Historic Park Phase I Project construction, Staff
requests that the City Council authorize the City Manager to terminate the City's agreement
with Elite Landscaping, Inc., effective May 21, 2010. This action will ratify the action taken
by the City Manager on May 21, 2010.
STAFF RECOMMENDATION: Give the City Manager authority to terminate the City's
Agreement with Elite Landscaping, Inc. relating to the Dublin Historic Park Phase I Project,
effective May 21, 2010.
4.9 Authorization to Negotiate Agreement for Completion of Dublin Historic Park Phase I
Project (600-35)
Due to the termination of the agreement with the Elite Landscaping, Inc. for the Dublin
Historic Park Phase I Project, City Staff is seeking City Council authorization to negotiate an
agreement for the completion of the Project without conducting a competitive bid. The
negotiated agreement will be subject to approval by the City Council.
STAFF RECOMMENDATION: Adopt Resolution Authorizing the City Manager to Negotiate
an Agreement for Completion of the Dublin Historic Park Phase I Project Without Conducting a
Second Competitive Bid Process.
4.10 Check Issuance Reports and Electronic Funds Transfers (300-40)
STAFF RECOMMENDATION: Review and authorize the issuance of payments.
5. WRITTEN COMMUNICATIONS - None.
6. PUBLIC HEARINGS
6.1 Jordan Ranch Planned Development Rezone with a Stage 2 Development Plan,
Development Agreement, and a CEQA Addendum, PA 09-011
The Applicant is requesting approval of the Project known as "Jordan Ranch" located
within the Fallon Village Project area. The current application includes a Stage 2 Planned
Development for the 189+ acre Jordan Ranch area, Development Agreement, and CEQA
Addendum determining no further environmental review is required based on prior certified
Environmental Impact Reports. The Jordan Ranch Project proposes the development of up to
780 residential units and a mixed-use component within six neighborhoods.
June 1, 2010 Dublin City Council Agenda Page 4 of 6
STAFF RECOMMENDATION: Conduct the public hearing, deliberate, adopt Resolution
Considering a CEQA Addendum to the Eastern Dublin Environmental Impact Report, and the
2002 East Dublin Property Owners (EDPO) and 2005 Fallon Village Supplemental
Environmental Impact Reports and Approving its Findings that No Further Environmental
Review is Required for the Jordan Ranch Project, PA 09-011; waive the reading and
INTRODUCE an Ordinance Approving a Planned Development Rezone with a Stage 2
Development Plan for the Jordan Ranch Project, PA 09-011; and waive the reading and
INTRODUCE an Ordinance Approving the Development Agreement for Jordan Ranch between
the City of Dublin and BJP ROF Jordan Ranch LLC (Mission Valley Properties), PA 09-011.
7. UNFINISHED BUSINESS
7.1 Fourth Amendment to the Collection Service Agreement between the City of Dublin and
Amador Valley Industries, LLC (600-30)
The City Council will consider approving an amendment to the Collection Service Agreement
between the City of Dublin and Amador Valley Industries. If approved, the Amendment
would extend the contract term with Amador Valley Industries for an additional eight years,
create a no-negative growth provision within the solid waste rate structure, update indices
used to increase solid waste rates, include commercial recycling bins as an item in the annual
growth factor, and adjust franchise and administrative fee rates.
STAFF RECOMMENDATION: Adopt Resolution Approving a Fourth Amendment to the
Collection Service Agreement between the City of Dublin and with Amador Valley Industries,
LLC, and authorize the City Manager to execute the Amendment.
7.2 Dublin Sports Grounds - Phase IV Contract No. 10-03 (600-35)
Staff is seeking City Council authorization to award Dublin Sports Grounds - Phase IV
Contract No. 10-03. The project covers approximately 5.0 acres east of the lighted soccer
field and entails the renovation of the turf and irrigation system.
STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 10-03 Dublin
Sports Grounds - Phase IV to Suarez and Munoz Construction Incorporated.
8. NEW BUSINESS
8.1 Discussion on a Possible Amendment to the Temporary Use Permit Chapter of the Zoning
Ordinance relating to Outdoor Sales by Established Businesses (450-20)
City Staff has received numerous requests by Automobile Dealers for a Change to the Zoning
Ordinance to allow for a special type of promotional event that is not addressed in the Zoning
Ordinance. The City Council will determine if Staff should work on an Amendment to the
Zoning Ordinance to allow for this new type of promotional event.
STAFF RECOMMENDATION: Provide Staff with direction on whether or not to work on an
Amendment to the Temporary Use Permit Chapter of the Zoning Ordinance. Should the City
Council wish to have Staff work on this, Staff also requests that this work be assigned a priority
of high, medium or low.
8.2 General Municipal Election - November 2, 2010 (630-20)
The next Municipal Election in the City of Dublin will be on Tuesday, November 2, 2010.
Offices to be voted on shall be one (1) Mayor and two (2) Councilmembers. The Mayor
serves a 2-year term and Councilmembers serve 4-year terms. The City Councilmembers will
determine whether the statement of qualifications which each candidate is allowed to place in
the sample ballot should be a maximum of 200 or 400 words and whether the City or each
candidate should pay the costs associated with printing his/her candidate statement. The City
Council will also consider the adoption of a resolution encouraging the use of the Code of
Fair Campaign Practices in the November 2010 municipal election.
June 1, 2010 Dublin City Council Agenda Page 5 of 6
STAFF RECOMMENDATION: Adopt Resolution Calling for a General Municipal Election to
be Held in the City of Dublin on November 2, 2010; Requesting the Alameda County Board of
Supervisors to Consolidate the City of Dublin General Municipal Election with the Statewide
General Election; and Authorizing Certain Procedural Matters; adopt Resolution Adopting
Regulations for Candidates for Elective Office Pertaining to Candidate's Statement and the Costs
Thereof for the General Municipal Election to be Consolidated with the Statewide General
Election to be Held on Tuesday, November 2, 2010 and adopt Resolution Encouraging
Candidates to Use the Code of Fair Campaign Practices; and direct Staff to proceed with one
informational meeting for potential candidates before the nomination period, and one meeting
for candidates after the nomination period.
8.3 Discussion on the Possible Addition of Grocery Stores to Uses regulated with Conditional
Use Permits (410-20)
The City Council will provide direction to Staff on whether a conditional use permit process
should be studied to approve new grocery stores in the City of Dublin.
STAFF RECOMMENDATION: Provide Staff with direction on whether or not to work on a
Conditional Use Permit process for grocery uses. Should the City Council wish to have Staff
work on this, Staff also requests that this work be assigned a priority of high, medium or low
priority.
8.4 Dublin 101 Academy (150-80)
The City of Dublin has offered the Dublin 101 Academy (also known as the Dublin
Leadership Academy) since 2004. The City Council will consider whether the Dublin 101
Academy should be continued for Fiscal Year 2010-2011.
STAFF RECOMMENDATION: Receive the report and provide direction regarding the
Dublin 101 Academy for Fiscal Year 2010-2011.
8.5 Designation of Agency Labor Negotiators - Unrepresented Employee: City Manager
(110--30)
This item provides for the designation of two members of the City Council as the City's
representatives to discuss conditions of employment for the City Manager.
STAFF RECOMMENDATION: Designate Vice Mayor Hildenbrand and Councilmember Hart
as the City's representatives to discuss conditions of employment for the City Manager.
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 - Adjourned to June 22, 2010, Adjourned Regular Meeting, 5:30 p.m., 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 qualiry 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 unif ed 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 offrrst-class
recreational opportunities, facilities and programs.
June 1, 2010 Dublin City Council Agenda Page 6 of 6