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HomeMy WebLinkAbout*CC Agenda 09-21-2010REGULAR MEETING Tuesday, September 21, 2010 DUBLIN CNIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL '~ AG E N DA '~ • Agendas and StaffReports are posted on the City's Internet Website (www.ci.dublin.ca.us) NOTE: Agendas posted on the Website are provided as a public service, and are not intended to serve as a part of, or a replacement for any part of the legally required posting of agendas or the public noticing of projects appearing before the City Council. • Agendas may be picked up at the City Clerk's Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650. • A complete packet of information containing Staff Reports(Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Council Meeting or, in the event that it is delivered to the Councilmembers less than 72 hours prior to a Council Meeting, as soon as it is so delivered. The packet is available in the Ciry Clerk's Office and also at the Dublin Library. REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ORAL COMMUNICATIONS 3.1 Introduction of New Employees: Chief of Police Tom McCarthy; and Lt. Linda Thuman, Dublin Police Services (700-10) 3.2 Presentation of the New City of Dublin Website (150-30) Staff will provide a brief presentation on the new City website and highlight its new design, features and functionality. STAFF RECOMMENDATION: Receive the presentation from Staff. 3.3 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-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 Special Meeting of June 29, 2010 and Regular Meeting of September 7, 2010 STAFF RECOMMENDATION: Approve minutes. 4.2 Award of Bid - Contract No. 10-08, Village Parkway Stormwater Treatment Improvements (600-35) The Village Parkway Stormwater Treatment Project (CIP No. 969009) includes installation of two structural treatment units and one vegetated treatment swale to treat storm runoff originating from Village Parkway. The treatment measures will remove trash, sediment, oil, and other pollutants from storm runoff and assist the City in meeting requirements of the new Municipal Regional Permit for Stormwater issued by the San Francisco Bay Regional Water Quality Control Board. STAFF RECOMMENDATION: Adopt Resolution Awarding Contract No. 10-08, Village Parkway Stormwater Treatment Improvements to Gradetech, Inc. September 21, 2010 Dublin City Council Agenda Page 1 of 5 4.3 Acceptance of Work - Contract No. 10-04, G. Bortolotto & Co., Inc. 2009-2010 Annual Street Overlay Program (CIP No. 969101) and Eastern Dublin Arterial Improvements (CIP No. 960004) (600-35) A contract was awarded by the City Council on May 4, 2010 to G. Bortolotto & Co., Inc. for the Annual Street Overlay Program (CIP No. 969101). On June 1, 2010 the City Council approved an additional appropriation and change in the scope of work to address a storm drain pipe repair on Wineberry Way and to complete paving on Central Parkway between Lockhart Street and Fallon Road. The Public Works Department has determined that the work under this contract is now complete. STAFF RECOMMENDATION: Accept the improvements under Contract No. 10-04, with G. Bortolotto & Co., Inc, and authorize the release of retention after 35 days if there are no subcontractor claims. 4.4 Fiscal Year 2010-2011 Budget Change to Reflect New Grant Funding and Associated Expenditures for Recycling and Risk Management Projects (810-60/170-10) Following the adoption of the Fiscal Year 2010 - 2011 Budget, the City has received a total of four (4) grants awarded by two entities. The Altamont Settlement Agreement Education Advisory Board has awarded three grants to the City that will be used for recycling-related improvements and activities. The Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN - the City's liability insurance provider) has provided one grant that can be used to address proactive risk management items. The City Council will consider the approval of a Budget Change to incorporate the grant revenues and the recommended expenditures in the current budget. STAFF RECOMMENDATION: Approve the Budget Change. 4.5 Notice of Planned Amendment to Conflict of Interest Code (640-40) The report serves as notice that amendments to City's Conflict of Interest Code are necessary in order to accurately reflect all of the designated positions within the City which are required by State law to disclose financial interests. STAFF RECOMMENDATION: Direct Staff to revise the City's Conflict of Interest Code. 4.6 Fallon Gateway: Development Agreement for Fallon Gateway Commercial Center (600-60) The Fallon Gateway Project is a commercial center which includes 379,053 square feet of retail development, with the first three phases totaling 311,553 square feet of development. The project site is located at the southwest corner of Dublin Boulevard and Fallon Road. The item before the City Council for approval is the Project Development Agreement. This is the second reading of this ordinance. STAFF RECOMMENDATION: Waive the reading and adopt Ordinance Approving a Development Agreement for Fallon Gateway between the City of Dublin and Stanforth Holding Company, L.L.C., APN: 985-0027-009-03, PA 08-034. 4.7 Annual Review of the following Development Agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners, West Dublin Transit Village; StockbridgeBHV Emerald Place - Green on the Park (formerly IKEA); Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Transit Center, Master DA; Lowes; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; and Springfield Montessori (600-60) Staff has determined that in regard to compliance with the above mentioned Development Agreements, other than Pfeiffer Ranch Investors for the Silvera Ranch project, all other Developers have complied in good faith and/or are progressing toward full conformance with the terms and conditions of the Development Agreements during the past year. Staff will continue monitoring all of the projects to assure that the Developers are continuing to move toward full compliance. September 21, 2010 Dublin City Council Agenda Page 2 of 5 STAFF RECOMMENDATION: Adopt Resolution Finding that the Developers Having Obligations Under the Following Development Agreements Have Complied In Good Faith with the Terms and Provisions of Those Agreements and Concluding the 2010 Annual Review for those Agreements: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; Amb/Legacy Partners, West Dublin Transit Village; Stockbridge/BHV Emerald Place - Green On the Park (Formerly IKEA); Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Transit Center, Master DA; Lowes; Standard Pacific, Dublin Ranch F-l; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; and Springfield Montessori; and conclude the Annual Review Period for 2010 for the Development Agreements that are in compliance. 4.8 Approval of Contract Change Orders Required for Dublin Heritage Park and Museums, Phase I(CIP No. 950001): Construction Management Services - O'Connor Construction Management, Inc. and Design Services - Royston Hanamoto Alley & Abey, Landscape Architects (600-30) Staff inet with representatives of Bovis Lend Lease, Inc., the replacement Contractor, to review the schedule and plans to complete the project. With this information additional review of the project budget indicates the need for amendments to agreements for on-going construction activities that are carried out by project consu~tants. The costs include inspection, extended review of design submittals and construction management costs. The Design Services and Construction Management Services will be addressed with contract change orders to existing agreements. STAFF RECOMMENDATION: Approve Change Order #1 ($100,100), to the agreement with O'Connor Construction Management, Inc. for Construction Management (Dublin Historic Park, Phase I); and approve Change Order #3 ($127,740), to the Agreement with Royston Hanamoto Alley & Abey (RHAA), Landscape Architects, far design services (Dublin Historic Park, Phase I). 4.9 Approval of Carry-Over Operating Appropriations From Fiscal Year 2009 - 2010 to Fiscal Year 2010 - 20ll (330-20) In Fiscal Year 2009 - 2010 the City Council appropriated funds in the operating budget which were not expensed by the last day of the fiscal year. However, the expenditures will occur in Fiscal Year 2010 - 2011. The City Council is requested to authorize a designation of funds in the City financial records as reserved for activities to occur in Fiscal Year 2010 - 2011; and approve a budget change. STAFF RECOMMENDATION: Receive the report; authorize Staff to record a Budget Change as presented in the Listing of Carry-Over Items; and direct Staff to include this information as a reserve in the Final Comprehensive Annual Financial Report, which will be presented to the City Council later this year. 4.10 Final Budget Changes for Fiscal Year 2009 - 2010 (330-20) The City's financial policies require City Council approval of budget adjustments when more than one activity or funding source is involved. The City Council will consider recommended budget changes as part of the closing of the City's financial records for Fiscal Year 2009 - 2010. STAFF RECOMMENDATION: Receive the report; authorize the Mayor to execute the attached budget change; and direct Staff to include this information in the Final Comprehensive Annual Financial Report, which will be presented to the City Council later this year. 4.11 Check Issuance Reports and Electronic Funds Transfers (300-40) STAFF RECOMMENDATION: Review and authorize the issuance of payments. 5. WRITTEN COMMUNICATIONS - None September 21, 2010 Dublin City Council Agenda Page 3 Of 5 6. PUBLIC HEARINGS 6.1 Review of Engineering Survey Results and Establishment of Speed Limits for Dublin Boulevard, Central Parkway, Fallon Road and Lockhart Street (820-80) This item seeks City Council approval to introduce a proposed ordinance which would establish, based on the findings of engineering and traffic surveys, new speed limits of 45 mph on Dublin Boulevard between Tassajara Road and Fallon Road, 35 mph on Central Parkway between Tassajara Road and Fallon Road, 45 mph on Fallon Road between South City Limit and Bent Tree Drive, and 30 mph on Lockhart Street between Dublin Boulevard and Gleason Drive. STAFF RECOMMENDATION: Conduct public hearing, deliberate, waive the reading, and INTRODUCE Ordinance Amending the Dublin Traffic Code to Establish a New Speed Limit on Portions of Dublin Boulevard (Tassajara Road to Fallon Road), Central Parkway (Tassajara Road to Fallon Road), Fallon Road (South City Limit to Bent Tree Drive) and Lockhart Street (Dublin Boulevard to Gleason Drive). 7. UNFINISHED BUSINESS 71 Dublin Transit Center Public Art Project (600-30) The City Council will receive a report on the proposed concept design for public art developed by artist Cliff Garten for the Dublin Transit Center project. STAFF RECOMMENDATION: Approve the proposed concept design for public art for the Dublin Transit Center or provide alternate direction to Staff. 8. NEW BUSINESS 81 Support for Clean Cars Program and SB 375 to Reduce Vehicle Emissions (660-40) The City Council will consider adopting a Resolution in support of the Clean Cars Program and Senate Bill 375 (Steinberg, 2008) and authorizing the Mayor to send a letter, on behalf of the City Council, to the California Air Resources Board in support of the program and legislation. STAFF RECOMMENDATION: Adopt Resolution Supporting the California Clean Air Resource's Board's Leadership in Developing and Implementing Strategies for Reducing Emissions from Motor Vehicles, and authorize the Mayor to send a letter, on behalf of the City Council, to the California Air Resources Board in support of the Clean Cars Program and Senate Bill 375 (Steinberg, 2008) regarding regional greenhouse gas reduction targets. 8.2 Single-Use Plastic Beverage Bottle and Styrofoam Product Ban Policy (810-50) The City Council will consider adopting a policy that discontinues the use of City supplied single-use plastic beverage bottles at City sponsored activities. In addition, the City Council will consider adopting a policy to discontinue the purchase and use of Styrofoam products by the City for City functions and activities. STAFF RECOMMENDATION: Adopt Resolution Establishing a Policy that Bans the City's Purchase and Use of Single-Use Plastic Bottles and Styrofoam Products at City Sponsored Activities. 8.3 Parks and Community Services Pricing Policy (100-80) The City Council will receive a report on the proposed pricing policy for programs and services conducted by the Parks and Community Services Department. STAFF RECOMMENDATION: Adopt the proposed Pricing Plan or provide alternate direction to Staff. 8.4 Annual Report on Parks and Community Services Strategic Plan (100-80) The City Council will receive a report on the progress made on the implementation of the Parks and Community Services Strategic Plan during Fiscal Year 2009-2010. STAFF RECOMMENDATION: Receive the report. September 21, 2010 Dublin City Council Agenda Page 4 of 5 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 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 communiry. Dublin is unified in its belief that an engaged and educated community encourages innovation in all aspects of City life, including programs to strengthen our economic vitaliry, and support environmental stewardship and sustainability through the preservation of our natural surroundings. Dublin is dedicated to promoting an active and healthy lifesryle through the creation of first-class recreational opportunities, facilities and programs. September 21, 2010 Dublin City Council Agenda Page 5 of 5