CALL TO ORDER & CLOSED SESSION (6:30 p.m.)

I.          CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
     Initiation of litigation pursuant to Government Code section 54956.9, subdivision c      (2 potential cases).
II.         CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (b)(1) Facts and Circumstances: 
Government Code Section 54956.9, subdivision (b)(3)(B) – CIP Project # 96920

1.       0 CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG

2.       REPORT OF CLOSED SESSION ACTION

3.       ORAL COMMUNICATIONS

3.1     1 Introduction of Newly Appointed Community Development Director Jeri Ram, and New Employees:  Associate Planner Linda Ajello, Sr. Planner Erica Fraser, and Recreation Supervisor Frank Luna (File # 700-10)

3.2     2 Proclamation Declaring October 2005 as “Crime Prevention Month” (File #610-50)

3.3     3 Proclamation Declaring October 9-15, 2005 as “Fire Prevention Week (File #610-50)

3.4     4 Presentation by Alameda County Transportation Authority (ACTA) and Approval of Proposed Amendment No. 1 to the 1986 Measure B Expenditure Plan (File #1060-90)

A representative from ACTA will make a presentation to the City Council on the proposed Amendment No. 1 to the 1986 Measure B Expenditure Plan.  The statues governing the Measure B Program require an amendment to the Expenditure Plan whenever a project is added, deleted or revised.  The Amendment must receive the approval of the majority of City Councils in Alameda County.

STAFF RECOMMENDATION:  Receive presentation and adopt Resolution approving Amendment No. 1 to the 1986 Measure B Expenditure Plan.

ACTION 5

3.5     6 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).

         7 Consider Adding Urgency Item to Agenda as Item 6.2A

ACTION 8

4.       9 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 September 20, 2005.

STAFF RECOMMENDATION:  Approve

ACTION 10

4.2     11 Annual Review of Development Agreements (File #600-60)

An annual review of Development Agreements is required by State law and the City’s Municipal Code.  The City has reviewed 26 Development Agreements (Opus [Creekside Business Park]; Dublin Ranch Area A-H; Dublin Ranch Phase I; Greenbriar Homes Communities Phase I; Dublin Ranch – Supplemental DA Areas F, G, and H; Schaefer Heights; Emerald Glen Village Center [Waterford];  Greenbriar Homes Communities Phase II; Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7; Toll, Dublin Ranch, Area A, Neighborhood A-1; Toll, Dublin Ranch, Area G, Neighborhood H-1; Toll, Dublin Ranch, Area G, Neighborhood H-2; Toll, Dublin Ranch, Area G, Neighborhood MH-1; Toll, Dublin Ranch, Area G, Neighborhood  MH-2; Toll, Dublin Ranch Area A, Neighborhood A-4; Toll, Dublin Ranch Area A, Neighborhood A-5; Transit Center – Master DA; Fairway Ranch Master; Fairway Ranch, Senior Housing Component; Fairway Ranch, Multifamily; Fairway Ranch, Condominium; Toll, Dublin Ranch Area A, Neighborhood A-2; Toll, Dublin Ranch Area A, Neighborhood A-3; AMB Property Corporation, West Dublin Transit Village; Greenbriar Homes Communities Phase III; and IKEA) and concluded that the Developers for the 26 projects are proceeding in good faith with the terms of the Development Agreements.

STAFF RECOMMENDATION:  Adopt Resolution finding that the Developers have complied in good faith with the terms and provisions of their Development Agreements and concluding the Annual Review for Development Agreements.

ACTION 12

4.3     Approval of Emerald Glen Park Phase III – Construction Management Services Change Order No. 1 (File #600-30)

Staff is requesting additional construction management services from Don Todd and Associates for Emerald Glen Park Phase III.  The request is to cover an extension of time granted to Cleary Brothers Landscape and to compensate Don Todd and Associates for additional services provided during the course of construction.

STAFF RECOMMENDATION:  Approve Change Order #1 to Agreement with Don Todd and Associates in the amount of $31,800.

4.4     Warrant Register ($906,696.54) dated October 4, 2005 (File # 300-40)

STAFF RECOMMENDATION:  Approve

5.       13 WRITTEN COMMUNICATIONS - None

6.       PUBLIC HEARING

6.1     14 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6450 Dublin Boulevard (Esperanca) 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 6450 Dublin Boulevard, which is situated just west of the intersection.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate and adopt Resolution of Necessity (requires 4/5 affirmative vote).

ACTION 15

6.2     16 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6500 Scarlett Court (Wohlross) 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 the property at 6500 Scarlett Court, which is situated at the southeast corner of the intersection.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate and adopt Resolution of Necessity (requires 4/5 affirmative vote).

ACTION 17

6.2A    18 Consider Adopting a Moratorium on Retail and Wholesale Tobacco Shops, Private Smokers' Lounges and Similar Businesses Where Smoking is Allowed on the Premises and/or to Adopt an Urgency Ordinance and Introducing an Ordinance Amending the Dublin Municipal Code to Prohibit Such Businesses in Dublin.
(not on posted agenda)

ACTION 19

6.3     20 Sorrento at Dublin Ranch Area F Stage 1 Planned Development Zoning and Approving Stage 2 Planned Development Zoning, PA 04-042 (File # 450-30)

This is the second reading of an Ordinance that would authorize an amendment to PA 01-037 Sorrento at Dublin Ranch Area F Stage 1 Planned Development Zoning and approving Stage 2 Planned Development Zoning.  The Applicant, Toll Brothers, Inc., is proposing 1,111 units of medium density residential on 105 acres, 10 individual residential neighborhoods, a 2-acre site for a neighborhood square, a 5-acre site for a neighborhood park, a 10-acre site for an elementary school, and 2 private recreation centers.  A Stage 1 Planned Development and Stage 2 Planned Development are being proposed to establish development standards.  Area F is located within the Eastern Dublin Specific Plan Area and is generally bounded by the proposed extension of Gleason Drive on the north, Central Parkway on the south, the proposed extension of Brannigan Street on the west and the proposed extension of Lockhart Street on the east.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate; waive second reading and adopt Ordinance amending Stage 1 Planned Development Zoning and approving Stage 2 Planned Development Zoning for Sorrento at Dublin Ranch Area F East and Area F West.

ACTION 21

6.4     22 Dublin Transit Center Amendment to Master Development Agreement, PA 00-013 (File #600-60)

This is the second reading of an Ordinance that would amend the Master Development Agreement for the Transit Center between the City of Dublin and Alameda County Surplus Property Authority.  The proposed amendment to the Development Agreement would set forth the affordable housing obligations of the project in the event that 300 additional residential units are constructed within the Transit Center.  The Dublin Transit Center project area is located generally within the area of the Iron Horse Trail to the west, Dublin Boulevard to the north, Arnold Road to the east, and I-580 to the south.  

STAFF RECOMMENDATION:  Conduct public hearing; deliberate; waive second reading and adopt Ordinance approving the Amendment to the Master Development Agreement between the City of Dublin and Alameda County Surplus Property Authority.

ACTION 23

6.5     24 Dublin Ranch Area H Stage 2 Planned Development Zoning, PA 05-005 (File #410-30)

This is the second reading of an Ordinance that would approve the Stage 2 Planned Development Zoning of a proposed development, as submitted by James Tong on behalf of Chang Su-O Lin, et al, of an 11.13 acre area with a Water Quality Pond, open space and landscaping to comply with the requirements of the Regional Water Quality Control Board for storm water treatment for Dublin Ranch.  Area H is located generally south of the proposed extension of Dublin Boulevard and north of I-580, generally between the proposed extensions of Brannigan and Keegan Streets, two north-south collector streets.. 

STAFF RECOMMENDATION:  Conduct public hearing; deliberate; waive second reading and adopt Ordinance approving Stage 2 Planned Development Zoning at Dublin Ranch Area H.

ACTION 25

6.6     26 City of Dublin Zoning Map Amendment, PA 02-069 (File #450-20)

This is the second reading of an amendment to the Zoning Ordinance that would update the Zoning Map.  There are four categories of Map modifications being proposed with the aim to: 1) Provide consistency with General Plan Land Use Map; 2) Correct mapping errors; 3) Provide consistency with the 1997 Zoning Ordinance Amendments; and 4) Properly reflect recently-approved rezonings.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate; waive second reading and adopt Ordinance amending the Zoning Map to reflect Zoning Ordinance updates and minor map modifications.

ACTION 27

6.7     28 Adoption of Resolution Approving 4-Way Stop Sign Installation at Grafton Street/ Saddlebrook Place/Castleton Lane, and Two Crossing Guards and “No Parking” Zones on Antone Way and South Dublin Ranch Drive for Pedestrian Access Safety to/from Eleanor Murray Fallon School (File #590-40/570-20/600-30)

Staff is seeking City Council approval to implement pedestrian safety measures along the primary walking routes to/from the newly opened Eleanor Murray Fallon School to ensure the safety of school children as they walk or bike to/from school.  If implemented, these pedestrian safety measures will include establishing crossing guard supervision at two uncontrolled crossing locations on South Dublin Ranch Drive and Antone Way, and 4-way stop sign control at the intersection of Grafton Street/Saddlebrook Place/Castleton Lane.

STAFF RECOMMENDATION:  Adopt Resolution approving implementation of the proposed pedestrian safety measures for Eleanor Murray Fallon School and authorizing the City Manager to execute an amendment to the agreement with All City Management Services, Inc., for the provision of additional crossing guard services for Fiscal Year 2005-2006; and approve Budget Change in the amount of $9,857 to the Crossing Guards Operating Budget for Fiscal Year 2005-2006.

ACTION 29

7.       UNFINISHED BUSINESS

7.1     30 Approval of Cooperative Agreement with the East Bay Regional Park District and the City of Pleasanton Regarding Funding for the Feasibility Study of the Alamo Canal Trail Undercrossing at I-580 (File #600-40)

The East Bay Regional Park District, in collaboration with the Cities of Dublin and Pleasanton, is preparing an engineering study to determine the feasibility of constructing a segment of a trail underneath the I-580 freeway that will connect the Alamo Canal Trail in Dublin with the Pleasanton trail south of the freeway.  The Cooperative Agreement will formalize the reimbursement of funds between the three agencies.

STAFF RECOMMENDATION:  Adopt Resolution approving Cooperative Agreement with the East Bay Regional Park District and the City of Pleasanton; and authorize the City Manager to execute the Agreement.

ACTION 31

8.       NEW BUSINESS

8.1     32 Residential Green Building Guidelines (File #530-10)

In order to encourage green building practices in private, residential developments, the Alameda County Waste Management Authority (ACWMA) has developed three sets of green building guidelines, targeting new home construction, remodeling and multi-family development (Alameda County Residential Green Building Guidelines).  The Council will consider adopting these Guidelines as an official City reference document.

STAFF RECOMMENDATION:  Adopt Resolution adopting the Alameda County Residential Green Building Guidelines as a City reference document.

ACTION 33

9.       OTHER BUSINESS

9.1     34 Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports

10.     35 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 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.

City Council Meeting # 695     Agenda Printed  9/30/2005  4:38:06 AM