REGULAR MEETING

Tuesday, August 2, 2005, 7:00 p.m.

DUBLIN CIVIC CENTER, 100 Civic Plaza

DUBLIN CITY COUNCIL

A G E N D A

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

            1.          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

2.          PUBLIC EMPLOYEE APPOINTMENT – Government Code Section 54957
Title: Community Development Director

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

2. REPORT OF CLOSED SESSION ACTION

3. ORAL COMMUNICATIONS 2

         3.1     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 3

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 July 19, 2005.

STAFF RECOMMENDATION: Approve

         4.2     2005-2006 Contract for Services with the Alameda County Library (File #600-40)

The Fiscal Year 2005-2006 Budget contains funding for 23 hours of additional services at the Dublin branch of the Alameda County Library system, as well as $35,000 in funding for materials. A contract agreement with Alameda County for these services needs to be executed by the City Council.

STAFF RECOMMENDATION: Adopt Resolution approving Agreement.

         4.3     Disposal of Property – Surplus Equipment (File #350-40)

Due to the closure of the existing Senior Center and opening of the new facility, the Parks and Community Services Department will have various surplus property items that can be disposed of at this time. Any of the equipment that can be used at other City facilities will be moved accordingly, and remaining items will be sent to auction. The Information Systems Division has also identified various surplus computers, printers and fax machines that can be disposed of at this time.

STAFF RECOMMENDATION: Adopt Resolution and authorize Staff to proceed with transfer of property to Nationwide Auction Systems pursuant to the current agreement with the City.

         4.4     Consultant Services Agreement with Associated Engineering Consultants, Inc., for Construction Inspection Services (File #600-30)

The Public Works Department is in need of a temporary contract inspector to help alleviate the City’s three Staff inspectors’ current workload. The engineering consulting firm of Associated Engineering Consultants, Inc., will provide a contract inspector for up to 1,000 hours between August 2005 and June 2006.

STAFF RECOMMENDATION: Adopt Resolution approving the Consultant Services Agreement with Associated Engineering Consultants, Inc.

         4.5     Approval of Parcel Map and Improvement Agreement Associated with Parcel Map 8524; and Quitclaim of Abutter’s Rights onto Tassajara Road (Triad Dublin Gateway, L.P)
(File #410-40/600-60/670-95)

Parcel Map 8524 subdivides an existing lot into four parcels and is located at the southwest corner of Dublin Boulevard and Tassajara Road in the Koll Dublin Development Center site. The Dublin Gateway Medical Center , which will be constructed in two phases, and a parking garage are proposed at the vacant site. A separate action by the City Council is necessary to quitclaim a prior relinquishment of abutter’s rights along the Tassajara Road frontage to Triad and the adjoining property to the south in order to legalize access onto Tassajara Road at Koll Center Drive , an existing private driveway.

STAFF RECOMMENDATION: Adopt Resolution approving Parcel Map 8524 and Improvement Agreement; adopt Resolution approving the quitclaim of abutter’s rights onto Tassajara Road to Triad Dublin Gateway, L.P.; and adopt Resolution approving quitclaim of abutter’s rights onto Tassajara Road to Big Holdings Fifty-Six, Inc.

         4.6     Emerald Glen Park Phase III Consultant Services Change Order #3 (File #600-35)

On December 16, 2003, the City Council approved an agreement with Carducci and Associates to complete design services, including conceptual design, design development and construction documents for Emerald Glen Park, Phase III. Staff is requesting approval of additional design services from Carducci and Associates for the project.

STAFF RECOMMENDATION: Approve Change Order #3 in the amount of $17,000.

         4.7     Establish Contract Services for Planning Consultants on an As-Needed Basis for Overflow Services in the Community Development Department (File #600-30)

Staff is recommending adding additional Planning Consultants to assist with the development and planning of projects that are being submitted for processing. The need for this type of service has increased significantly, therefore, requiring Staff to seek additional services in order to keep up with the planning activities.

STAFF RECOMMENDATION: Adopt Resolution approving Consultant Services Agreements with David L. Babby, CDRG, Gillarde Planning & Consulting, Chandler L. Lee, and Richard F. Tooker; and authorize the Community Development Director to sign the Agreements on behalf of the City.

         4.8     Acceptance of Work - Contract No. 03-17, Dublin Senior Center (File #600-35)

The Dublin Senior Center project is now complete and the final costs for the project are well within the budgeted amount. Staff is requesting approval of a final change order amount for all outstanding items and that Council authorize the City Manager to accept all final improvements to allow the facility to be opened and operational for the City of Dublin.

STAFF RECOMMENDATION: Authorize Staff to accept maintenance bond in the amount of $486,767 at a future date; approve Changer Orders in the amount of $59,933; and adopt Resolution authorizing the City Manger to accept the final improvements for Contract No. 03-17.

         4.9     Warrant Register ($1,499,755.59) dated August 2, 2005 (File # 300-40)

STAFF RECOMMENDATION: Approve

ACTION 4

5. WRITTEN COMMUNICATIONS 5

         5.1     Use of City Seal on Dublin Sister City Association Banner (File #120-10)

The Dublin Sister City Association is requesting the use of the Dublin City Seal on their St. Patrick’s Day banner, as well as on a tablecloth used at various events.

STAFF RECOMMENDATION: Grant use of the City Seal to Dublin Sister City Association for inclusion on their St. Patrick’s Day banner and event tablecloth.

ACTION 6

6. PUBLIC HEARING

         6.1 Appeal of Planning Commission Decision 7 to Deny the Safeway Gas Station Conditional Use Permit and Site Development Review, PA 05-004 (File #410-30)

The proposed project, located at 7499 Dublin Boulevard , consists of a Conditional Use Permit (CUP) and Site Development Review (SDR) to replace the existing gasoline price signage with new LED electronic displays. The Planning Commission denied the CUP/SDR at its June 28, 2005 meeting. A letter of appeal from Young Electric Sign Company and Safeway, Inc., was filed with the City on July 6, 2005.

STAFF RECOMMENDATION: Conduct public hearing; deliberate; and direct Staff to either: a) Prepare a Resolution affirming the Planning Commission decision to deny the CUP/SDR for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby denying the appeal; - OR – b) Prepare a Resolution affirming the Planning Commission decision in part to deny the CUP/SDR for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard subject to modifications as stated by the City Council and thereby granting the appeal in part; - OR – c) Prepare a Resolution reversing the Planning Commission decision to deny the CUP/SDR for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby granting the appeal.

ACTION 8

         6.2 Establish Right-of-Way Lines 9 for Dublin Boulevard between Keegan Street and Fallon Road and for Fallon Road between Bent Tree Drive and I-580 (File # 670-40/820-90)

This is the second reading of an Ordinance to adopt right-of-way lines for Dublin Boulevard and Fallon Road pursuant to Dublin Municipal Code Chapter 7.68. The Ordinance will establish right-of-way alignment for Dublin Boulevard between Keegan Street and Fallon Road to accommodate six lanes, and for Fallon Road between Bent Tree Drive and I-580 to accommodate six and eight lanes.

STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and ADOPT Ordinance.

ACTION 10

         6.3 Amendment to Section 7.04.420 11 of Article 4 of Chapter 7.04 of Title 7 of the Dublin Municipal Code, Repair of Sidewalks – Reporting Defects (File #820-10/820-40)

The proposed amendment of the Sidewalk Ordinance will require property owners and possessors of property to maintain adjacent public sidewalks in a safe condition, as already provided for by the California Streets and Highways Code. It defines the failure to maintain public sidewalks as negligence, and makes property owners and possessors of property liable for failure to maintain sidewalks. The City’s sidewalk repair program each fiscal year does not abrogate the responsibility of the property owners to maintain frontage improvements in a safe manner, as delineated under Section 5610 of the California Streets and Highways Code.

STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading; and INTRODUCE Ordinance.

ACTION 12

7. UNFINISHED BUSINESS

         7.1 Conceptual Design 13 for Murray Schoolhouse Exhibit Restoration Project (File #600-30)

A conceptual design of the Murray Schoolhouse Exhibit Restoration Project has been completed by the Consultant. The City Council must now approve the conceptual design in order for the Consultant to begin the design development phase of the project.

STAFF RECOMMENDATION: Approve conceptual design or provide alternate direction.

ACTION 14

         7.2 Presentation of Housing Survey 15 Results by Godbe Research (File #600-30/430-50)

On February 15, 2005, the City Council authorized an agreement with Godbe Research to conduct a housing needs survey for the City of Dublin . The intent of the survey was to provide justification in producing future housing programs, crafting programs listed on the City’s Goals & Objectives and eliminating programs not viewed as needed by the residents and businesses surveyed. Godbe Research will present the results of the Housing Needs Survey.

STAFF RECOMMENDATION: Direct Staff to utilize survey results in the development of the Five-Year Housing Plan, the future Housing Element, and in the development of housing programs.

ACTION 16

8. NEW BUSINESS

         8.1 Amended Schedule 17 of Locations for Posting 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 Senior Center, the schedule of posting locations needs to be updated to reflect the new Senior Center address, 7600 Amador Valley Boulevard .

STAFF RECOMMENDATION: Adopt Resolution amending the schedule of locations 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, 7600 Amador Valley Boulevard .

ACTION 18

         8.2 Recommended Date 19 for the Dedication of the City of Dublin Public Safety Memorial
(File #610-20)

On March 4, 2003, the City Council directed Staff to move forward with a Public Safety Memorial, which consists of a freestanding bronze sculpture comprised of four figures depicting a Firefight, Police Officer and two children. The City Council will consider selecting a date for the dedication of the Public Safety Memorial.

STAFF RECOMMENDATION: Select the date of Sunday, September 11, 2005, for the dedication of the City of Dublin Public Safety Memorial or supply additional direction to Staff for the selection of another dedication date.

ACTION 20

9. OTHER BUSINESS

         9.1 Brief INFORMATION 21 ONLY reports from Council and/or Staff, including Committee Reports

10. ADJOURNMENT 22

End of Video 23

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City Council Meeting # 691 Agenda Printed 8/3/2005 7:17:28 AM