HomeMy WebLinkAbout*CC Agenda 07-06-2004
.. REGULARMÊEfii'tG"" ·...h.
Tuesday, July 6, 2004, 7:00 p.m.
DUBUN QVIC C~JJ¡K, 100 Civic Plaza
DUBLIN CITY CQJJNCJL '" '..
. AGENDA. .'
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CALL TO ORDER & CLOSED SESSION (6:30 D."'.'
1. CONFERENCE WITH LEGAL COONSEL-EXlSTlNG L"'GATION
(Subdivision (a) of Section 54956.9)
Name of Case: Dubray v. City of Dublin, Alameda County Superior Court Case No. 2002057128
2. Public Employee Perfonnance Evaluation pUlSuant to Government Code Section 54957
Title: City Manager
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Mayor's Appointment of Student Member to the Parks and Community Services
Commission (File # 110-30)
Nine applications were received for the student representative to the Parks and
Community Services Commission for a term expiring June 30, 2005. The Mayor
recommends the appointment of Erik Smith.
STAFF RECOMMENDATION: Confirm Mayor's appointment of Erik Smith to the Parks and
Community Services Commission for a term expiring June 30,2005.
3.2 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).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controvelSial in nature and are considered for approval by the City
Council with one single action. MembelS 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 15,2004
STAFF RECOMMENDATION: Approve
4.2 Acceptance of Landscape Improvements Associated with Tract 7142, Dublin Ranch
Area A, Neighborhood A-7 (Toll CA ll, LP, A California Limited Partnership)
(File # 600-60)
As part of the development of Tract 7142 (Dublin Ranch Area A, Neighborhood A-7), the
Developer completed landscape improvements for Bent Tree Drive and Fallon Road. Since
the improvements have now been completed, it is appropriate to accept the landscaping and
release the bonds that guarantee the work.
STAFF RECOMMENDATION: Adopt Resolution accepting the landscape improvements for
Tract 7142 (Dublin Ranch Area A, Neighborhood A-7).
4.3 Approval of Sale of Property to Schaefer Heights, Inc., for the Westerly Extension of
Dublin Boulevard (File # 670-70)
In an exchange ofland between the City of Dublin and Kaufman and Broad in 1995, the City
acquired property, which will be necessary in the future for the extension of Dublin Boulevard
westerly to the Schaefer Ranch development. The developer of Schaefer Ranch, Schaefer
Heights, Inc., has now paid the City the required purchase price. This action will approve the
sale of the property owned by the City.
STAFF RECOMMENDATION: Adopt Resolution approving the sale of property to Schaefer
Heights, Inc., for the westerly extension of Dublin Boulevard.
4.4 Approval of Budget Change - Interstate 580lfassjara Road Interchange Improvement
Project (File # 600-35)
Although the Interstate 580/Tassajara Road Interchange Improvement Project has been
accepted by the City, additional costs have been incurred in finalizing the project. A budget
change is required to pay for these costs incurred in Fiscal Year 2003-2004 and will be paid
out of the State Transportation Improvement Program grant funds for this project.
STAFF RECOMMENDATION: Approve the Fiscal Year 2003-2004 Budget Change for the
Interstate 580/Tassajara Road Interchange Improvement project in the amount of$149,358.
4.5 Consideration of Appeal of Planning Commission Approval of P A 03-040, LoukianotT Site
Development Review continued from the June 15, 2004, City Council Meeting
(File # 410-30)
The City Council will consider an appeal of a decision of the Planning Commission approving
a new 2,954 square foot, single family residence on an existing lot (Lot 1 of Tract Map 5073)
located at 11299 Rolling Hills Drive.
STAFF RECOMMENDATION: Adopt Resolution granting the appeal, in part, and affmning,
in part, the Planning Commission Approval of May 11, 2004.
4.6 Purchase Agreement with G.E. Capital for Purchase of Modular Building (Trailer) at Civic
Center and Addition of Restroom and Accessibility Ramp (File #600-30)
The City has leased a double-wide modular building (trailer) to house inspection Staff for the
past three years. The office space provided by the modular building is still needed, and it is
therefore proposed to purchase the building rather than continue to lease it for another five
years.
STAFF RECOMMENDATION: Adopt Resolution approving purchase agreement.
4.7 Sixth Amendment to Agreement for Legal Services/Appointment of Assistant City
Attorney (File # 600-30/640-10)
The proposed amendment to the Agreement with Meyers Nave Riback Silver & Wilson for
legal services would increase the rate charged for litigation and for work performed by the
City Attorney for which the City is reimburse by third parties to $220 an hour (a 4.7%
increase) commencing July 1,2004. There would be no change to the rate for general legal
services. The City Attorney has also asked that the Council appoint John Bakker as the
Assistant City Attorney, as currently there is no one designated as the Assistant City Attorney.
STAFF RECOMMENDATION: Approve Sixth Amendment to Agreement for Legal Services
and authorize Mayor to execute the Amendment; and Adopt Resolution appointing John Bakker
as Assistant City Attorney.
4.8 Agreement for Audit and Professional Services with Caporicci & Larson (File # 600-30)
At the City Council Ad Hoc Audit Committee meeting on December 9,2003, the committee
members authorized the circulation of a Request for Proposal (RFP) for Audit Services. A
Subcommittee consisting of the Assistant City Manager, Administrative Services Director and
Finance Manager interviewed three firms and recommend the selection of Caporicci & Larson
(C&L). This item was continued from the June 28,2004 City Council meeting.
STAFF RECOMMENDATION: Authorize the City Manager to execute the Agreement.
4.9 Warrant Register ($1,583,999.53) dated July 6,2004 (File # 300-40)
STAFF RECOMMENDATION: Approve
5. WRITTEN COMMUNICATIONS - None
6. PUBLIC HEARING
6.1 California Vehicle Code Enforcement in Dublin Ranch "M" Townhouse Neighborhoods
(File # 590-30)
The City received a request from the Dublin Ranch Homeowners' Association to enforce the
California Vehicle Code (CVC) on the private streets in the Dublin Ranch townhouse
neighborhoods, Tracts 6962,6963, and 6964. The CVC requires that a local agency hold a
public hearing and adopt a resolution allowing for vehicle code enforcement on private
streets. Such enforcement would include any and all regulations.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; and adopt Resolution
approving enforcement of traffic regulations under California Vehicle Code Section 21107.5 on
designated streets within Dublin Ranch Tracts 6962, 6963 and 6964.
6.2 Dublin Pioneer Cemetery Interment Fees (File # 295-10)
In April 1999, the City Council adopted a Resolution setting Interment Fees for the Dublin
Pioneer Cemetery. Since then, labor costs have increased. Staff is recommending that the
cremation burial fee increase from $180 to $230, and the full burial fee increase from $1,275
to $1,335.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; and adopt Resolution
increasing cremation burial fee to $230 and full burial fee to $1,335.
6.3 Adopt Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program and Authorize Staff to Proceed with Capital Improvement Program
(CIP) Project No. 96852, Dougherty Road Improvements - Houston Place to 1-580
(File # 600-30/330-40)
An Initial StudyIMitigated Negative Declaration and Mitigation Monitoring and Reporting
Program have been prepared for the Capital Improvement Program Project, Dougherty Road
Improvements - Houston Place to 1-580. This project will widen the intersection of
Dougherty Road and Dublin Boulevard, as well as construct other improvements to
Dougherty Road between Houston Place and 1-580, and Dublin Boulevard between Dublin
Court and Scarlett Drive.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; and adopt Resolution and
authorize Staff to proceed with CIP Project No. 96852.
7. UNFINISHED BUSINESS
7.1 Dublin Sports Grounds Phase ID- Contract 04-07
The installation of athletic field lights for Dublin Sports Grounds was approved in the 2002-2007
Capital Improvement Program. Electrical engineering of the athletic field lights were completed in
Fiscal Year 2003-2004 with construction scheduled for Fiscal Year 2004-2005. On June 1,2004, the
City Council authorized Staff to advertise for bids on the project. Upon careful consideration of the
bid results, Sta.ffrecommends to award the contract in the amount of $257,000 to Mike Brown Electric
Company.
STAFF RECOMMENDATION: Adopt Resolution awarding contract for Dublin Sports
Grounds Phase III to Mike Brown Electric Company in the amount of $257,000.
7.2 Termination of Emergency Action, Final Report and Acceptance of Work - Civic Center
Water Intrusion and Remediation Project, Capital Improvement Project 93912
(File # 600-30)
In March 2004, the City Council declared a state of emergency relative to water intrusion in the Civic
Center and authorized funding and contracts for remediation work and repairs to the building. The
work on the building ahs been completed within the funds budgeted for the work.
STAFF RECOMMENDATION: Adopt Resolution terminating emergency action and accepting
final project report; and Accept improvements and authorize final payments to RoSa
Construction and Munters Corporation.
8. NEW BUSINESS
8.1 Consultant Services for the Donlon Way Historic Area Master Plan (File # 600-30)
The development of plans for a Historical District in the Donlon Way area has been identified as a
high priority in the City Council Goals & Objectives for FY 2004-05 and funds have been
appropriated in the FY 2004-05 Budget to support this project. Staffhas conducted interviews and is
recommending a contract award to RBF Consultants for $40,000 to prepare a Master Plan for the
Donlon Way Historic Area.
STAFF RECOMMENDATION: Adopt Resolution approving a Consultant Services Agreement
with RBF Consultants in the amount of $40,000.
8.2 Resolution of Intention to Establish mtimate Right-of-Way Lines for Tassajara Road and
Fallon Road (File # 820-90)
The proposed Ultimate Right-of-Way Lines for Tassajara Road and Fallon Road will establish a right-
of-way alignment for the future widening of Tassajara Road to six lanes, and the future northern
extension of Fallon Road to four lanes connecting to Tassajara Road pursuant to Dublin Municipal
Code Chapter 7.68 and Mitigation Measure 3.3/14.0 of the Eastern Dublin Specific Plan Environment
Impact Report.
STAFF RECOMMENDATION: Adopt Resolution of Intention to Establish Ultimate Right-of-
Way Lines for Tassajara Road and Fallon Road, and set a public hearing for July 20, 2004 at
7:00 p.m. to any protests or objections to the establishment of the proposed right-of-way lines for
Tassajara Road and Fallon Road~
8.3 Dublin Transit Center Art Project (File # 600-60)
In May 2003, the Alameda County Surplus Property Authority entered into a Development Agreement
with the City of Dublin for the Dublin Transit Center Project. As part of the agreement, the Developer
agreed to contribute $250,000 for the construction of public art. The City Council will receive a report
on the status of this project.
STAFF RECOMMENDATION:. Receive report.
8.4 Amended Schedule of Locations for the Postillg of City Ordinances (File # 610-10)
State law requires that all City Ordinances be published or posted in at least three public places within
the City of Dublin. Due to a change in address for the Dublin Library and the recent temporary
closure of Shannon Community Center, the schedule of posting locations needs to be updated to
reflect the new Library address (200 Civic Plaza) and assign the Dublin Senior Center (7437 Larkd.a1e
Avenue) as the replacement location for the Shannon Community Center.
STAFF RECOMMENDATION: Adopt Resolution amending the schedule oflocations for the
posting of City Ordinances to: 1) Dublin Civic Center, 100 Civic Plaza; 2) Dublin Library, 200
Civic Plaza; and 3) Dublin Senior Center, 7437 Larkdale Avenue.
9. OTHER 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 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 there.of.
To make a requestfordisability-related modification .oraœ.ommodation, please c.ontact the City Clerk's Office (925) 833-6650 at least 72 hours
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City Council Meeting # 656 Agenda Printed 7/1/2004 3:23 PM