HomeMy WebLinkAbout*CC Agenda 06-21-2005REGULAR MEETING
Tuesday, June 21, 2005, 7:00 p.m.
DUBLIN CIVIC C17d' M' 100 Civic Plaza
DUBLIN CITY COUNCIL
0 AGENDA 0
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CALL TO ORDER & CLOSED SESSIQN 6:30 .m.
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION— Govemment Code Section 54957 Title: City Attomey
1. CALL TO ORDER & PIED E OF ALLE LANCE TO THE FLAG
2. REPORT OF CLOSED SE5SION ACTION
3. ORAL COMMUNICAMNS
3.1 Mayor's Appointment of Student Member to Parks & Community Services Commission
(File # 110 -30)
Ten applications were received for the student member to the Parks & Community Services
Commission for a term beginning July 1, 2005. The Mayor recommends the appointment of
Brianna Hart.
STAFF RECOMMENDATION: Confirm Mayor's appointment.
3.2 Creekside Memorial Park Cemetery Presentation (File # 420 -50)
Come Development will provide the Council with a presentation describing a proposed
regional cemetery project in unincorporated Contra Costa County on Camino Tassajara near
the common Contra Costa County /Alameda County lines.
STAFF RECOMMENDATION: Adopt Resolution supporting approval of the cemetery.
3.3 Proclamation declaring July as Parks and Recreation Month in the City of Dublin
(File # 610 -50)
3.4 Appointment of Dublin Members to LAVTA's WHEELS Accessible Advisory Committee
(WAAC) (File # 110 -30)
WAAC Committee Members advise the LAVTA Board of Directors on matters relating to
VJ- EELS bus system accessibility and Dial -A -Ride services as they pertain to the elderly and
persons with disabilities. Each of the participating agencies appoint two members and one
alternate to the Committee. At this time, the Mayor recommends the appointment of Ray
Garret for a two -year term (expiring in June 2007) as one of the City's member
representatives and the appointment of Shawn Costello as alternate.
STAFF RECOMMENDATION: Confirm appointment of Ray Garret as member and Shawn
Costello as alternate.
3.5 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. COMM SHOULD NOT EXCEED 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 noncontroversial 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 June 7, 2005
STAFF RECOMMENDATION: Approve
4.2 Award of Bid — Contract 05 -06, Striping and Marking Contract (File # 600 -35)
This contract is a 3 -year Agreement for replacing existing pavement striping and markings
throughout the City as needed. Chrisp Company submitted the low bid of $133,425 for the 3-
year term.
STAFF RECOMMENDATION: Adopt RcsolUtion awarding contract.
4.3 Third Amendment to Construction Truck Access Agreement with Windemere BLC Land
Company, LLC, A California Limited Liability Company (File # 600 -30)
This item is to approve a third amendment to the current agreement between the City of
Dublin and Windemere BLC Land Company to allow the developer to continue using
Daugherty Road within the City limits to haul concrete and paving materials to the
Windemere Ranch Development site in Contra Costa County through June 30, 2006. The
developer is agreeing in return to mitigate prior impacts to Dougherty Road pavement
conditions from truck deliveries under the current agreement and guarantee fair -share
compensation for any additional pavement damage occurring during Fiscal Year 2005 -06,
STAFF RECOMMENDATION; Adopt Resol i n approving Third Amendment to Agreement
and approve Budget Change in the total amount of $2,670 to the General Fund.
4.4 Fee Adjustments to Existing Planning Division Consultant Agreements for Overflow
Services in the Community Development Department and a Revised Contract for David
Babcock and Associates (File # 600 -30)
The City Council will consider a fee increase for the City's Planning Consulting Firms and
will consider approving a revised contract for David Babcock and Associates.
STAFF RECOMMENDATION: Adopt j olutiontsl approving agreements and authorize the
Community Development Director to execute on behalf of the City.
4.5 Approval of New Consulting Services Agreement with T" Transportation Consultants
for Traffic Engineering Services (File it 600 -30)
TJKM Transportation Consultants has provided traffic engineering services to the City since
1983. These services include private development traffic studies, Capital Project traffic
analysis, and general traffic engineering tasks. The Council will consider entering into a new
2 -year Consulting Services Agreement.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement.
4.6 Amendments to City's Salary Plan for Fiscal Year 2005 -06 (File # 700 -20)
The City Council will consider amending the City's Salary Plan for Full -Time, Management
Personnel and Part-Time personnel based on a market survey effective July 1, 2005.
STAFF RECOMMENDATION: Adopt Resolution(s).
4.7 Amendment to Agreement with Tri- Valley Janitorial Services (File # 600 -30)
This amendment provides for a proposed cost -of- living increase and changes to the scope of
services provided by Tri- Valley Janitorial Services. The cost of janitorial services is budgeted
in the operating budgets for individual City facilities_
STAFF RECOMMENDATION: Adopt Iboolution approving amendment to Agreement.
4.9 Amendment to Agreement with Tru -Green LandCare for Assessment District Landscaping
Maintenance (File # 600 -30)
The City entered into an Agreement with Tru -Green LandCare in November 2002 for
landscaping maintenance services in the Stagecoach and Dougherty Assessment Districts. It
is proposed to extend the agreement until June 30, 2006, with a 1.61/o increase in rates as
provided for by the Agreement.
STAFF RECOMMENDATION: Adopt Resolution approving amendment to Agreement.
4.9 Consulting Services Agreement with Omni - Means, LTD, for Traffic Engineering Services
(File # 600 -30)
Omni - Means, LTD, has provided traffic engineering services to the City since 1996. These services
include peer review, preparation of traffic studies, or other traffic - refitted services associated with
private development projects in eastern and downtown Dublin. The Council will consider entering
into a new 2 -year Consulting Services Agreement.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement.
4.10 Amendment to Agreement with Zumwalt Engineering Group for Engineering Services
(File # 600 -30)
Zumwalt Engineering Group has provided the City with general civil engineering services since 1997,
primarily for private development review and plan checking. As provided by the current 2 -year
Agreement with the City, a rate increase is being requested for Fiscal Year 2005 -06, which is the
second year of the Agreement.
STAFF RECOMMENDATION: Adopt Resolution approving amendment to Agreement.
4.11 Amendment to Agreement with Kleinfelder, Inc., for Geotechnicai Engineering Services
(File # 600 -30)
Kleinfelder, Inc., has provided the City with geotechnical engineering services since 1996, primarily
plan checking and peer review for private development, or soils engineering for Capital Improvement
Program projects. As provided by the current 2 -year Agreement with the City, a rate increase is being
requested for Fiscal Year 2005 -06, which is the second year of the Agreement. It is also proposed to
increase the total not-to- exceed amount of the Agreement in anticipation of a greater need for
Kleinfelder's services.
STAFF RECOMMENDATION: Adopt Resolution approving amendment to Agreement.
4.12 Agreement with East Bay Pool Service for Pool Maintenance Services (File # 600 -30)
The City has contracted with East Bay Pool Service since 1996 to provide pool maintenance services.
The current agreement expires on June 30, 2005. Staff is recommending entering into a new 3 -year
agreement.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement.
4.13 Revisions to the Personnel System (File # 720- 40/720 -60)
The City Council will consider amending the City's Personnel System Rules and Benefit Plan
pursuant to the Fiscal Year 2005 -06 discussions with City employees regarding wage and benefits
matters.
STAFF RECOMMENDATION: Adopt Resolutl n s
4.14 Citywide Street Lighting Maintenance Assessment District 83-1: Preliminary Engineer's
Report (File #360 -20)
This Assessment District funds the maintenance of the City's street lighting system, except for lights
in Dublin Ranch and Tract 7067 (Clifden Parc). This action would approve the Preliminary
Engineer's Report for 2005 -206 and set a public hearing date. The assessment for this District is
proposed to remain the same as the 2004 -05 assessment. A public hearing will be held prior to the
levy of assessments.
STAFF RECOMMENDATION: Adopt Resolution(s) approving Preliminary Engineer's Report
and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing
protests of the proposed 2005 -06 assessment.
4.15 Landscaping and Lighting Maintenance Assessment District 83 -2 (Stagecoach Road):
Preliminary Engineer's Report (File #360 -20)
This Assessment District funds the maintenance of street -side landscaping along Stagecoach Road and
on the "interior slopes" of the Dublin Hills Estates development. This action would approve the
Preliminary Engineer's Report for 2005 -06 and seta public hearing date. The assessment in this
District is proposed to increase by the amount of the Consumer Price Index, 2.4 %, as allowed under
the terms of the Engineer's Report. A public hearing will be held prior to the levy of assessments.
STAFF RECOMMENDATION: Adopt Resol t ion(s) approving Preliminary Engineer's Report
and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing
protests of the proposed 2005 -06 assessment.
4.16 Landscaping and Lighting Maintenance Assessment District 86 -1 (Dougherty Road):
Preliminary Engineer's Report (File #360 -20)
This Assessment District funds the maintenance of street -side landscaping along portions of
Dougherty Road and Amador Valley Boulevard and certain common area landscaping within
the Villages at the Willow Creek development. This action would approve the Preliminary
Engineer's Report for 2005 -06 and set a public hearing date. The assessment in this District
is proposed to increase by the amount of the Consumer Price Index, 2.4 1/4, as allowed under
the terms of the Engineer's Report. A public hearing will be held prior to the levy of
assessments.
STAFF RECOMMENDATION: Adopt Resolution(j) approving Preliminary Engineer's Report
and setting a Public Bearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing
protests of the proposed 2005 -06 assessment.
4.17 Landscaping Maintenance Assessment District 97 -1 (Santa Rita Area): Preliminary
Engineer's Report (File #360 -20)
This Assessment District funds the maintenance of street -side landscaping within the Santa
Rita development area, which is generally bounded by I -580, Gleason Drive, Arnold Road
and Tassajara Road. This action would approve the Preliminary Engineer's Report for 2005-
06 and set a public hearing date. Individual assessments are proposed to increase by
approximately 1.5% over the 2004 -05 assessment. A public hearing will be held prior to the
levy of assessments.
STAFF RECOMMENDATION: Adopt Resolut' n s approving Preliminary Engineer's Report
and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing
protests of the proposed 2005 -06 assessment.
4.18 Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067):
Preliminary Engineer's Report (File 4360 -20)
This Assessment District funds the maintenance of the City's street lighting system in Dublin
Ranch and Tract 7067 (Clifden Parc). This action would approve the Preliminary Engineer's
Report for 2005 -06 and set a public hearing date. The assessment in this District is proposed
to increase $6.00 (40 %) per parcel above the 2004 -05 assessment, which remains below the
maximum allowable assessment. A pubic hearing will be held prior to the levy of
assessments.
STAFF RECOMMENDATION: Adopt Reso ins approving Preliminary 'Engineer's Report
and setting a Public Hearing date of July 19, 2005, at 7:00 p.m., for the purpose of hearing
protests of the proposed 2005 -06 assessment.
4.19 Approval of New Consulting Services Agreement with SNG & Associates, Inc., for
Engineering Services (File #600 -30)
SNG & Associates has provided development engineering services to the City since 2002.
These services include private development review, plan checking, and project close -out. The
Council will consider entering into a new two -year agreement with SNG & Associates.
STAFF RECOMMENDATION. Adopt Resolutl approving agreement.
4.20 Improvement Agreement with the Lin Family and Sierra Land Development Corporation
for Central Parkway — Lockhart Street to Fallon Road, and Fallon Road — Central
Parkway to Bent Tree Drive (File #600 -60)
As part of the infrastructure for Dublin Ranch, the Sierra band Development Corporation has
been constructing various roadway improvements for the Lin Family. The Improvement
Agreement with the Lin's and Sierra Land Development Corporation will cover the
construction of improvements for Central Parkway — Lockhart Street to Fallon Road, and
Fallon Road — Central Parkway to Bent Tree Drive. These improvements will form the
southern and eastern frontages of the Fallon Sports Park.
STAFF RECOMMENDATION: Adopt Resolotioll approving the Improvement Agreement.
4.21 Acceptance of Work — Emerald Glen Park Backstop Modifications (File # 600 -35)
On January 18, 2005, the City Council awarded Contract 04 -15 to Golden Bay Fence Plus
Iron Works, Inc., to complete the modifications to Baseball Field B. At this time, the
construction is complete and Staff is seeking City Council approval to accept the project.
STAFF RECOMMENDATION: Accept final facility improvements; adopt Resolution, and
authorize Staff to accept a $9,017.39 maintenance bond at a future date.
4.22 Financial Reports for the Month of May 2005 (File # 330 -50)
STAFF RECOMMENDATION: Receive Reports.
4.23 Reimbursement to Alameda County Surplus Property Authority (ACSPA) for Emerald
Glen Park Land (File # 600 - 30/670.30)
In Fiscal Year 2004 -05, funds were budgeted to reimburse the ACSPA for the difference
between the park dedication requirement associated with the Transit Center Development and
park land previously dedicated for Emerald Glen Park, Based on development projections for
the Transit Center Development, the amount owed to the ACSPA is $2,876,574.60. This
amount will be paid from the Public Facility Impact Fee Fund_
STAFF RECOMMENDATION: Authorize payment to the ACSPA.
4.24 Warrant Register ($2,639,478.53) dated June 21, 2005 (File # 300 -40)
STAFF RECOMMENDATION: Approve
S. WRITTEN COMMUNICATIONS - None
6. PUBLIC HEARING
6.1 Appeal of Planning Commission Reversal of Zoning Administrator's Approval of a
Conditional Use Permit (CUP) Authorizing a Parking Reduction Properties /Starbucks
Coffee PA 04 -057 (File # 410 -30)
Robert Enea of Enea Properties filed a Letter of Appeal of the Planning Commission denial of
the CUP for a reduction in parking at 71.97 Village Parkway for a 1,886 square foot coffee
retailer and caf8 (Starbuck's) in the fixture Enea Village Parkway Center. On June 7, 2005,
the City Council held a public hearing on the appeal and took a straw vote to grant the appeal
and uphold the Zoning Administrator's approval of the CUP with modifications. Staff was
directed to return at the next meeting with a Resolution to that effect.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution_ — OR —
provide Staff with additional direction.
6.2 Amendment to Master Development Agreement for the Dublin Ranch Project (Areas A
through H) PA 05 -023 submitted by James Tong on behalf of the Lin Family — Change Su-
0 (aka Jennifer) Lin, Hong Lien (aka Frederic or Frederich) Lin, and Hong Yao (aka
Kevin) Lin (File # 600 -60)
This is the second reading of an Ordinance which would approve an amendment to the Master
Development Agreement for the Dublin Ranch Project Areas A, B, C, D, E, F, G and I).
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt
Ordinance.
6.3 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6400
Dublin Boulevard (Singhs) for Capital Improvement Program (CIP) Project No. 96852,
Dougherty Road Improvements — Houston Place to I -580 (File # 670 -20)
In order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the
City must acquire a portion of the property at 6400 Dublin Boulevard which is situated at the
southwest corner of the intersection.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution (requires
4/5 affirmative vote to pass).
6.4 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6401
Dublin Boulevard (Gaspare) for the Widening of Dublin Boulevard and Dougherty Road
(File # 670 -20)
In order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the
City must acquire a portion of the property at 6401 Dublin Boulevard which is situated at the
northwest comer of the intersection.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution (requires
4/5 affirmative vote to pass).
6.5 Dublin Ranch Area F North Site F -2 Development Agreement for Pulte Homes PA 04 -043
(File # 600 -60)
The City Council will take action on a proposed Development Agreement between the City of
Dublin and Pulte Homes,
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE Ordinance.
6.6 Ordinance amending Chapter 7.36 of the Dublin Municipal Code (DMC), adopting by
reference and amending the 2002 Edition of the National Electrical Code (File # 440 -10)
This is the second reading of an Ordinance which would amend Chapter 7.36 of the DMC,
adopting by reference the 2002 edition of the National Electrical Code.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt
Ordinance.
6.7 Amendment to the City's Retirement Contract with the Board of Administration of the
California Public Employees' Retirement System (CalPERS) (File # 720 -60)
The City Council will consider an Ordinance amending the City's Retirement Contract with
the Board of Administration of CalPERS to implement a 2.7% @ 55 retirement formula.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resoluti n s - 0
CalPERS Resolution of Intention, 2) Resolution for Paying and Reporting the Value of Employer
Paid Member Contributions (EPMC), and 3) Resolution for an Employer Pick -up Internal
Revenue Code (IRC) 414 (h) (2); waive reading and INTRODUCE Ordinance.
6.8 Ordinance Amending Sections 5.32 and 7.30 of the Dublin Municipal Code Relating to
Solid Waste Management and Waste Management Plans and Consideration of it Form of
Discard Material Non - Exclusive Collection Franchise Agreement (File # 810 - 20/600 -30)
The City Council will consider approving the Form of a Discard Material Non - Exclusive
Collection Franchise Agreement regulating the collection of construction and demolition
debris and services to government facilities and related amendments to the Solid Waste and
Waste Management Plan Ordinances.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Hgolutio ; waive
reading and INTRODUCE Ordinance.
7. JINFINISHED BESINESS
7.1 Dublin 'T'ransit. Center Site B Village Green Alternatives PA 03 -058 (File # 410 -30)
The Dublin Transit Center Site B project area includes a 1 -acre park called the Village Green.
Staff is presenting for City Council review and consideration, 3 alternative designs for the
Village Green.
STAFF RECOMMENDATION: Consider the 3 alternative designs and direct Staff to return to
the City Council with a Site Development Review application for the preferred alternative for
review approval.
7.2 Proposed Operational Guidelines for Green Building Practices for the City of Dublin
Municipal Operations (Pile # 530 -10)
In March of 2004, the City Council adopted the Green Building Ordinance, which created
Chapter 5.61 of the Dublin Municipal Code (DMC), mandating green building practices for
City projects. As a follow -up, Staff was directed to develop Operational Guidelines for Green
Building Practices that would contain the implementation measures to achieve compliance
with the Green Building practices that were identified as part of the Ordinance.
STAFF RECOMMENDATION: Approve proposed guidelines — OR — provide additional
direction to Staff. If guidelines are approved, approve budget adjustment of $50,000 from
Measure D funding for Fiscal Year 2005 -06,
S. NEW BUSINESS
8.1 Declaring the City of Dublin Subject to State Law Relating to Geologic Hazard Abatement
Districts (File # 850 -20)
The purpose of the Geologic Hazard Abatement District (GHAD) is to prevent, mitigate,
abate and control geologic hazards in areas such as hillsides. Since the City may wish to
consider forming such a District at some point in the future, it is necessary to adopt a
Resolution declaring that the City is subject to the provisions of State Law relating to
GHADs.
STAFF RECOMMENDATION: Adopt Resolution and direct Staff to forward copy to the State
Controller.
8.2 Residential Food Scraps Recycling Program Agreement (File # 600 - 301810 -20)
The Alameda County Waste Management Authority offers funding to member agencies in the
amount of $8.00 /single - family residence, to implement a residential food scraps recycling
program. The agreement would specify terms by which the City would receive the funding.
STAFF RECOMMENDATION: Adopt Reso i n approving Agreement.
9. BUSINESS
9.1 Brief INFORMATION ONLY reports from Council and /or Staff, including Committee
Reports
10. ADJOURNMENT
If requested this agenda shall be made available in appropriate alternattve formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of 1990 (42 US C. Section 12132), and the federal
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City Council Meeting # 688 Agenda Printed 6110005 2: 17:27 PM