HomeMy WebLinkAbout*CC Agenda 07-20-2010REGULAR MEETING
Tuesday, July 20, 2010
DUBLIN CNIC CENT'ER, 100 Civic Plaza
DUBLIN CITY COUNCIL
AGENDA
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CALL TO ORDER & CLOSED SESSION 6:30 P.M.
I. COI~TFERENCE WITH LEGAL COUNSEL---ANTICII'ATED 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 COUNSEL---ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case
III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 5501 De Marcus Blvd., #364, Dublin, CA
Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney
Negotiating parties: Andrea McGowen
Under negotiation: Price
N. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
REGULAR MEETING 7: 00 P.M.
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Introduction of New Employees: Gary D. Huisingh, P.E., Public Works Director; and
Jennifer Wilkinson, Office Assistant I, Parks and Community Services (700-10)
3.2 Proclamation for "Americans with Disabilities Act 20th Anniversary Week" (610-50)
3.3 Acceptance of Gifts from Fiscal Year 2009-2010 Sponsors (150-70)
The City Council will receive a report on the numerous donations made in Fiscal Year 2009-
2010 from Dublin businesses and organizations to support the City's various Special Events
and Programs.
STAFF RECOMMENDATION: Recognize the sponsors and formally accept the contributions.
3.4 Acceptance of Gifts to City from Bike to Work Day Contributing Sponsors (150-70)
This report details the contributions received from various local businesses and organizations
for the Bike to Work Day Energizer Station held on May 13, 2010.
STAFF RECOMMENDATION: Recognize the sponsors and formally accept the contributions.
3.5 Senior Center Advisory Committee Annual Report (240-10)
3.6 Proclamation for "27th Annual National Night Out" (610-50)
July 20, 2010 Dublin City Council Agenda Page 1 of 6
3.7 Recognition of All-America City Awards Donors (150-70)
The City Council wishes to publicly recognize the donors who made it possible to send a
delegation to Kansas City, Missouri in June 2010 for the City of Dublin to compete in the All-
America City Awards.
STAFF RECOMMENDATION: Recognize the donors in the City's bid to become an All-
America City.
3.8 Establish an Economic Development Committee (Ad-Hoc) and Accept the Mayor's
Appointments (610-40)
On October 6, 2009, the City Council adopted Resolution No. 147-09 creating an ad-hoc
Economic Development Committee to assist in the implementation of the 2009-2010 Goals
and Objectives for Economic Development. This item recommends the establishment of a
new ad-hoc Economic Development Committee to assist in the implementation of the 2010-
2011 Economic Development Goals and Objectives and to accept the Mayor's appointments
of Mayor Sbranti and Councilmember Biddle.
STAFF RECOMMENDATION: Adopt Resolution Establishing an Ad-Hoc Committee for
Economic Development and Accepting the Mayor's Appointments.
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 (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 andlor take
action on items not appearing on the agenda are contained in Government Code Section 54954.2jb)(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 June 1, 2010 and Adjourned Regular Meeting of June 22,
2010
STAFF RECOMMENDATION: Approve minutes.
4.2 2010-2011 Contract for Services with the Alameda County Library (600-40)
The City of Dublin contracts with the Alameda County Library for additional hours of service
at the Dublin Public Library. The contract for Fiscal Year 2010-2011 is for 17 additional
hours of service. The City Council will consider the Contract Agreement with the Alameda
County Library.
STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement with County of
Alameda for Additional Library Services for Fiscal Year 2010-2011.
4.3 Authorization to File Annual Applications for the CalRecycle Used Oil Payment Program
(600-50)
The City Council will consider adopting a resolution granting authority to the City Manger to
apply far the Department of Resources Recycling and Recovery's (CalRecycle) Used Oil
Payment Program.
STAFF RECOMMENDATION: Adopt Resolution Authorizing the Filing of Used Oil Payment
Program Application to CalRecycle.
4.4 Approval of the First Amendment to the Tract Improvement Agreement Parcel Map 9827,
Fallon Gateway (600-60)
The Stanforth Holding Company, LLC and the City of Dublin previously entered into a Tract
Improvement Agreement for Parcel Map 9827, Fallon Gateway, dated December 9, 2009. The
Stanforth Holding Company has now executed and filed with the City of Dublin an
amendment to the Tract Improvement Agreement (First Amendment), Parcel Map 9827,
Fallon Gateway to include the Whiting-Turner Contracting Company. The Whiting-Turner
Company has provided bonds to secure the frontage improvements required under the original
agreement.
July 20, 2010 Dublin City Council Agenda Page 2 of 6
STAFF RECOMMENDATION: Adopt Resolution Approving this First Amendment to the
Tract Improvement Agreement Parcel Map 9827, Fallon Gateway.
4.5 Report on the Digital Infrastructure and Video Competition Act (DIVCA) and Support for
the Community Access Preservation Act (HR 3745) (1050-50)
The City Council will receive a report on the Digital Infrastructure and Video Competition
Act of 2006 (DIVCA) and its impact on local access programming within the City of Dublin.
In addition, the City Council will be informed about federal legislation (HR 3745 - The
Community Access Preservation Act) being considered that will affect the provision of local
cable television programming, and consider adopting a resolution in support of this
legislation.
STAFF RECOMMENDATION: Adopt Resolution Supporting HR 3745, the Community
Access Preservation Act.
4.6 Acceptance of Work - Contract No. 07-13A (Interstate-580/Fallon Road Interchange
Improvements and I-580 Westbound Auxiliary Lane Improvements) (600-35)
Construction Contract No. 07-13A was work performed under a contract awarded to
American Civil Constructors/Top Grade Construction, Joint Venture. The wark is now
complete and ready far City Council acceptance. The improvements constructed included
Interstate 580/Fallon Road Interchange Improvements and the I-580 Westbound Auxiliary
Lane Improvements. In order for the City to make the final payment to the contractor, the
City Council is requested to approve the remaining contract change arders. The balance of
retention held by the City will then be released after 35 days of the acceptance date if there
are no subcontractor claims.
STAFF RECOMMENDATION: 1) Approve Contract Change Orders which total $314,010.16
(Change Orders numbered 31, 40, 45, 47, 51, 52, and 54); 2) Approve the budget change in the
amount of $152,24.; 3) Accept the improvements under Contract No. 07-13A; and 4) Approve
the release of the remaining retention after 35 days if there are no subcontractor claims.
4.7 Temporary Amendment to the Sign Regulations (Chapter 8.84) and Permit Procedures
(Chapter 8.96) of the Dublin Zoning Ordinance PLPA-2010-00021 (400-30/450-20)
This is the second reading of an Ordinance extending temporary modifications to Chapter
8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, of the Dublin Zoning Ordinance
related to temporary promotional banners and the effective period of permits. These
modifications contribute to the City's program to provide an economic stimulus to business
owners during the current economic climate. The modifications would be in effect for a
period of one year, until August 20, 2011.
STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Amending the
Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to
Permit Procedures for a One-Year Period.
4.8 Second Amendment to Agreement with Universal Building Serviees for Street Sweeping
Services (600-30)
Universal Building Services is in its fourth year of a five-year contract to provide street
sweeping services to the City of Dublin. Due to budgetary constraints, the City Council
approved the reduction of street sweeping services for Fiscal Year 2010-2011. The second
amendment will modify the contract with Universal Building Services to reflect the
reductions approved by City Council on June 22, 2010.
STAFF RECOMMENDATION: Adopt Resolution Approving a Second Amendment to the
Agreement with Universal Building Services for Street Sweeping Services.
July 20, 2010 Dublin City Council Agenda Page 3 of 6
4.9 Approval of an Additional City Directional Signage Location for East Dublin Auto Dealers
(400-30)
On April 6, 2010, the City Council approved five locations for city directional signs to direct
visitors to the auto dealers located in east Dublin. Staff is recommending that the City
Council approve one additional location on John Monego Court to assist in the City's
wayfinding efforts.
STAFF RECOMMENDATION: Approve the additional Gity directional sign location for
automotive dealers on John Monego Court.
4.10 Acceptance of Improvements for Parcel Map 8275, Phase 2 and Approval of Regulatory
Traffic Control Devices (600-60)
AvalonBay Communities, Inc. has constructed the improvements for Campbell Lane, Phase 2
in accordance with the Improvement Agreement for Parcel Map 8275, Phase 2 Improvements.
It is now appropriate for the City to accept these improvements and approve the regulatory
traffic control devices.
STAFF RECOMMENDATION: Adopt Resolution Accepting Improvements for Parcel Map
8275, Phase 2 Improvements and Approving Regulatory Traffic Control Devices.
4.11 Approving Quit Claim De~d to Existing Parcel Map 9827 Public Utility Easement and
Emergency Vehicle Access Easement and Accepting New Public Utility Easement and
Emergency Vehicle Access Easement for Fallon Gateway (670-40/670-95)
Parcel Map 9827 created a Public Utility Easement and an Emergency Access F,asement for
the future development Qf the Fallon Gateway Commercial Center by the Stanforth Holding
Company on the west side of Fallon Road between Dublin Boulevard and I-580. Minor design
changes in the site plan require these easements to be quitclaimed back to the property owner
and new easements to be accepted by the City.
STAFF RECOMMENDATION: Adopt Resolution Approving Quit Claim Deed to Existing
Parcel Map 9827 Public Utility Easement and Emergency Vehicle Access Easement and
Accepting New Public Utility Easement and Emergency Vehicle Access Easement for Fallon
Gateway.
4.12 Fiscal Year 2009-2010 Goals and Objectives Year-End Report and Capital Improvement
Projects Status (100-80)
The City Council will receive a year-end report on the adopted Fiscal Year 2009-2010 Goals
and Objectives and Capital Improvement Projects. The report includes the current status of
the adopted objectives and proposed completion dates for the objectives.
STAFF RECOMMENDATION: Receive the report and approve carry-over of identified
objectives to Fiscal Year 2010-2011 Goals and Objectives program.
4.13 Acceptance of Work - Emerald Glen Park Play Equipment (600-35)
Staff is seeking City Council authorization to accept play equipment improvements for
Emerald Glen Park from Ross Recreation.
STAFF RECOMMENDATION: Accept the final facility improvements and adopt Resolution
Accepting Improvements at Emerald Glen Park.
4.14 Informational Report on Calculation of City of Dublin Share of Liability for pougherty
Regional Fire Authority (DRFA) Retiree Medical Insurance (540-60)
The City of Dublin, in conjunction with the City of San Ramon, operated the Dougherty
Regional Fire Authority (a Joint Powers Authority) from 1988 -1997. The Authority has no
active employees. However, the cities continue to fund remaining obligations for retiree
medical, retirement, and workers compensation claims which have continuing benefits. The
City of Dublin has updated the calculation of its projected share of the Retiree Medical
Benefits, as required to be disclosed in the Comprehensive Annual Financial Report (CAFR)
in accardance with Government Accounting Standards Board (GASB) requirements.
STAFF RECOMMENDATION: Receive the report.
July 20, 2010 Dublin City Council Agenda Page 4 of 6
4.15 Agreement for Payment Processing Services for Parks and Community Services (600-30)
Payment Card Industry (PCI) Compliance sets forth comprehensive requirements for
enhancing credit card account security for businesses that accept this form of payment. The
Parks and Community Services Department uses an integrated software package from Active
Network for: activity registration; facility booking; and credit card processing. Currently the
City hosts the payment processing hardware and transmits data to a third party bank for
payment. In order to meet compliance standards the City must modify the method of
processing credit card transactions. An agreement is proposed with Active Network, to
consolidate the processing through an agreement with Active Network to provide a hosted
payment processing service.
STAFF RECOMMENDATION: Adopt Resolution Authorizing a Waiver of Bidding
Requirements and Approving an Agreement for Recreation Credit Card Payment Processing
with Active Network.
4.16 Dublin Heritage Park and Museums, Phase I(CIP #950001) - Authorization for the City
Manager to Negotiate Final Agreement with Bovis Lend Lease, Inc. and to Purchase
Electrical Equipment for the Project (600-35)
On July 12, 2010, the City received proposals to complete the Dublin Heritage Park and
Museums, Phase I from Bovis Lend Lease, Inc and Swinerton Builders. Each proposal was
reviewed for scope, cost and best approach to project completion. Based on the complexity of
the final scope, Staff requests that the City Council authorize the City Manager to complete
the final negotiations and enter into an Agreement with Bovis Lend Lease Inc. in arder to
expedite project completion. Staff further recommends purchase of custom equipment from
the original Electrical Subcontractor under the terms of the Agreement with the original
project contractor. The cost for this equipment totals $108,723.
STAFF RECOMMENDATION: Adopt Resolution Authorizing the City Manager to Negotiate
an Agreement for the Completion of the Dublin Heritage Park Phase I Project; adopt Resolution
Authorizing a Purchase Order to Acquire Electrical Equipment for Dublin Heritage Park Project;
and approve the Budget Change and additional appropriation of $767,753.
4.17 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 Introduction of Ordinance Repealing and Establishing Bus Stops at Various Locations
Citywide and Adoption of Resolution Approving First Amendment to the Bus Shelter
Encroachment and Maintenance Agreement with Livermore Amador Valley Transit
Authority (LAVTA) (600-40)
The City Council will consider introducing an ordinance amending the Dublin Traffic Code
repealing and establishing bus stops at various locations Citywide. The City of Dublin and
Livermore Amador Valley Transit Authority (LAVTA) entered into an agreement in
November 2009 that defined the encroachment and maintenance responsibilities for both
parties in operating and maintaining bus stops and bus shelters within the City of Dublin. The
City Council will also consider approving an amendment to the agreement to clarify
responsibilities.
STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive the reading, and
INTRODUCE an Ordinance Amending the Dublin Traffic Code Repealing and Establishing Bus
Stops at Various Locations Citywide; and adopt Resolution Approving First Amendment to Bus
Shelter Encroachment and Maintenance Agreement between the Livermore Amador Valley
Transit Authority and the City of Dublin.
July 20, 2010 Dublin Ciry Council Agenda Page 5 Of 6
6.2 Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to
Shared Parking including a Modification to Chapter 8.76 (Off-Street Parking and Loading
Regulations) PLPA-2010-00015 (450-20)
As part of the 2009-2010 Goals and Objectives, the City Council established goals to review
parking standards and examine the City's Zoning Ordinance requirements to streamline
entitlements for businesses seeking to locate in the City of Dublin. As part of this effort, the
City Council has adopted Zoning Ordinance amendments related to Indoor Recreational
Facilities, Large Family Day Care Homes, Eating and Drinking Establishments, and Outdoor
Seating. Currently proposed is an amendment to Chapter 8.76 (Off-Street Parking and
Loading Regulations) as it relates to shared parking. Shared parking occurs when two or
more uses are located on the same site and share a parking lot.
STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive the reading and
INTRODUCE an Ordinance Amending Zoning Ordinance Chapter 8.76 (Off-Street Parking and
Loading Regulations) as it Relates to Shared Parking.
7. UNFINISHED BUSINESS
7.1 Appropriation of Funds and Establishment of a New Capital Improvement Project -
Electronic Agenda System (610-10)
At the City Council meeting on June 22, 2010 an informational report was presented in
response to the City Council's High Priority Objective for Fiscal Year 2009-2010 to
"Investigate opportunities and implement solutions for paperless Council Meetings." The
City Council directed Staff to return with more detailed, information which would allow the
City Council to consider the addition of a project to the Capital Improvement Program,
including the appropriation of funds.
STAFF RECOMMENDATION: Adopt Resolution Amending the Adopted 2010-2015 Five
Year Capital Improvement Program To Add A New Project - Electronic Agenda System and
Providing An Appropriation.
7.2 Informational Report on Regulating the Establishment of Grocery Uses by Way of a
Conditional Use Permit (410-30)
At the June 1, 2010 City Council meeting, the City Council added as a high priority Goal and
Objective, the review of grocery uses within shopping centers as a conditionally permitted
use. Staff has reviewed the Zoning Ordinance as it relates to grocery uses as well as the
requirements of other Tri-Valley cities and is seeking direction from the City Council on
potential policies to regulate grocery uses.
STAFF RECOMMENDATION: Receive the report and provide Staff with direction on policies
that should be considered to regulate grocery uses.
8. NEW BUSINESS - None.
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 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 ar
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 guality of life which ensures a safe and secure environment that fosters new
opportunities.
July 20, 2010 Dublin City Council Agenda Page 6 of 6