REGULAR MEETING
Tuesday, September 20, 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  
Initiation of Litigation pursuant to Government Code section 54956.9, subdivision c (7 potential cases)

2. Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title: City Manager

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

2. REPORT OF CLOSED SESSION ACTION

3. ORAL COMMUNICATIONS

3.1 2 Introduction and Administration of Oath of Office to Newly-Appointed City Clerk Fawn Holman (File #640-60)

3.2 2 Presentation by Public Works Department on Capital Improvement and Development Projects (File #330-40)

This presentation will provide an update on Capital Improvement and Development Projects recently completed or currently in construction, and Capital and Operational Improvements planning for the coming year.

STAFF RECOMMENDATION: Receive presentation and provide comments.

3.3 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. 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.

ACTION 5

4.1 Minutes of Regular Meeting of August 16, 2005 and Minutes of Special Meeting of August 31, 2005

STAFF RECOMMENDATION: Approve

4.2 Approval of Fallon Sports Park Design Consultant Services Agreement Change Order #1 (File #600-30)

At its June 7, 2005 meeting, the City Council approved the Fallon Sports Park Master Plan with modifications to the site plan. The additional time required for the work will exceed the consultant’s budget by $2,500.

STAFF RECOMMENDATION: Approve Change Order #1 to Agreement with Carducci Associates in the amount of $2,500.

4.3Approval ofFallon Sports Park Geotechnical Testing Consultant Services Agreement Change Order #1 (File #600-30)

At its April 5, 2005 meeting, the City Council awarded the geotechnical review services contract for Fallon Sports Park to Kleinfelder Associates. The Fallon Sports Park mass grading project is completed in accordance with prepared plans and geotechnical requirements; however, unforeseen issues which were not part of the original scope of services require additional work.

STAFF RECOMMENDATION: Approve Change Order #1 to the Agreement with Kleinfelder Associates in the amount of $5,000.

4.4 Request for Authorization to Use Envirocycle, Inc., for the Recycling of City Electronic Waste and Surplus Computer Equipment (File #350-40)

The City accumulates a significant amount of electronic waste, ranging from computers and monitors to computer media, such as compact disks. Envirocycle will accept all of the City’s electronic waste. Since Envirocycle’s revenue is based upon their recycling efforts and the State fees, their service is free to the City. Envirocycle will provide the City with a certificate of destruction ensuring that the electronic waste was recycled per environmental standards and that computer hard drives and software compact disks are not reused.

STAFF RECOMMENDATION: Authorize the use of Envirocycle, Inc., for electronic recycling services.

4.5 Approval of Dublin Senior Center Construction Management Consultant Services Agreement Change Order #2 (File #600-30)

At its October 7, 2003 meeting, the City Council approved an agreement with the Zahn Group to provide construction management services for the Dublin Senior Center. Additional funds, available within the project budget, are needed to allow for additional site time and to cover the project time extension.

STAFF RECOMMENDATION: Approve Changer Order #2 to Agreement with Zahn Group in the amount of $17,787.

4.6 Authorization to Solicit Bids – Civic Center Fuel Tank Removal, Contract No. 05-13 (File #600-35)

The item would authorize Staff to solicit bids for the removal of a fuel tank located on the Civic Center site in the drive aisle of the Police parking lot.

STAFF RECOMMENDATION: Authorize the solicitation of bids for Civic Center Fuel Tank Removal.

4.7 Authorization to Solicit Bids – Civic Center Trellis Painting, Contract No. 05-12
(File #600-35)

This project consists of cleaning and painting the white trellis structures and sealing concrete columns in the courtyard and at two entrances of the Civic Center.

STAFF RECOMMENDATION: Authorize the solicitation of bids for Civic Center Trellis Painting.

4.8 Authorization to Solicit Bids – Dougherty Assessment District Fence Painting, Contract No. 05-11 (File #600-35)

This project consists of repainting the wrought iron fence along Fall Creek Road in the Dougherty Assessment District.

STAFF RECOMMENDATION: Authorize the solicitation of bids for Dougherty Assessment District Fence Painting.

4.9 Approval of Final Map and Improvement Agreement, and Acceptance of Parkland Dedication In-Lieu Fees Associated with Tract 7539, Phase II – Silvera Ranch (File #600-60)

Pfeiffer Ranch Investors II, Inc., (dba Pinn Brothers Fine Homes, Inc.) is seeking City Council approval of a Final Map associated with Tract 7539, Phase II – Silvera Ranch. Tract 7539 is the second phase of Silvera Ranch, a four-phase, 254-unit development approved as Tract 7441, and located on the east side of Tassajara Road immediately north of the Nielsen property. An Improvement Agreement has been executed by the Developer to ensure construction of required tract improvements.

STAFF RECOMMENDATION: Adopt Resolution(s) approving Final Map and Improvement Agreement, and accepting Parkland Dedication In-Lieu Fees associated with Tract 7539, Phase II - Silver Ranch.

4.10 Approval of Final Map and Improvement Agreement for Tract 7437, Willows at San Ramon Village (File #600-60)

Braddock & Logan Group III, L.P., is seeking City Council approval of Final Map 7437, which subdivides an existing lot at the northeast corner of San Ramon Road and Bellina Street into three parcels for future condominium purposes and three parcels for private roadway access. Lots 1-3 will be developed with 56 townhome-style condominiums. An Improvement Agreement has been executed by the Developer to ensure construction of the required tract improvements.

STAFF RECOMMENDATION: Adopt Resolution approving Final Map and Improvement Agreement for Tract 7437, Willows at San Ramon Village.

4.11 6Approval of Seventh Amendment to Agreement for Legal Services (File #600-30)

The proposed amendment to the Agreement with Meyers Nave Riback Silver & Wilson for legal services would increase the hourly rate by 2.77% and increase the rate charged for litigation and work performed by the City Attorney for which the City is reimbursed by third parties by 2.27% commencing July 1, 2005. There would be no change to the rate for general legal services.

STAFF RECOMMENDATION: Approve Seventh Amendment to Agreement for Legal Services and authorizes Mayor to execute the Amendment.

ACTION 7

4.12 Approval of Agreement with the Zahn Group, Inc., for Design and Construction Management Services, Fire Station #16 Repairs Capital Improvement Project (File #600-30)

In spring 2005, the City Council approved an agreement with the Zahn Group to perform a water intrusion investigation at Fire Station #16, located at 7494 Donohue Drive, relative to ongoing leaks in some areas of the building. This Agreement provides for design and construction management services related to the repair of roof and window leaks, the replacement of heating, ventilation and air conditioning units, and painting the building inside and out.

STAFF RECOMMENDATION: Adopt Resolution approving Agreement with Zahn Group, Inc., for design and construction management services for Fire Station #16 repairs.

4.13 8Approval of Improvement Agreement for Quarry Lane School Off-Site Tassajara Road Improvements (File #600-60)

The Quarry Lane School is required to install frontage improvements and interim turn lane improvements, as well as a traffic signal and overhead utility line undergrounding, under the Conditions of Approval for the Phase II school expansion. The Improvement Agreement between the City and the school will allow construction of the improvements to proceed.

ACTION 9

STAFF RECOMMENDATION: Adopt Resolution approving Improvement Agreement for the Quarry Lane School Off-Site Tassajara Road Improvements.

4.14 Preliminary Financial Reports for the Month of August 2005 (File #330-50)

STAFF RECOMMENDATION: Receive reports.

4.15 Acceptance of Work – Shannon Park Play Area Renovation, Contract No. 04-13
(File #600-35)

The City’s Contractor, G and G Builders, has completed the renovation of the two play areas at Shannon Park. Staff is seeking Council authorization to accept the project.

STAFF RECOMMENDATION: Adopt Resolution accepting facility improvements; and approve Budget Change in the amount of $20,000.

4.16 Adoption of Annual Investment Policy (File #320-30)

The City’s current investment policy, as well as State Law, requires that it be reviewed by the City Council on an annual basis. City Staff has reviewed the City’s current investment policy and recommends that the policy be modified to bring the policy into compliance with current State laws regulating investments and with recommendations from the California Debt and Investment Advisory Commission.

STAFF RECOMMENDATION: Adopt Resolution adopting a revised policy for City investments.

4.17 Fiscal Year 2005-2006 Goals & Objectives Status Report and CIP Schedule (File #100-80)

Staff has prepared a report apprising the Council of the status of the Fiscal Year 2005-2006 Goals & Objectives as of August 31, 2005, as well as a schedule of the City’s Capital Improvement Program indicating estimated project start and completion dates.

STAFF RECOMMENDATION: Receive report.

4.18 10Update on West Dublin BART Station Project (File #410-55)

The City Council will receive a status report on the activities surrounding the West Dublin BART Station project.

ACTION 11

STAFF RECOMMENDATION: Receive report.

4.19 Warrant Register ($6,951,169.97) dated September 20, 2005 (File # 300-40)

STAFF RECOMMENDATION: Approve

5. 12 WRITTEN COMMUNICATIONS - None

6. PUBLIC HEARING

6.1 13City of Dublin Zoning Map Amendment, PA 02-069 (File #450-20)

The City Council will consider an amendment to 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 reading; and INTRODUCE Ordinance amending the Zoning Map to reflect Zoning Ordinance updates and minor map modifications.

ACTION 14

6.2 15Dublin Ranch Area H Stage 2 Development Plan and Site Development Review for Water Quality Control Detention Basin, PA 05-005 (File #410-30)

The City Council will hear the proposed development 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. This project includes a Stage 2 Planned Development Plan and a Site Development Review. Area H is generally located south of the proposed extensions of Brannigan and Keegan Streets, and the Water Quality Control Basin site is located in the southerly central portion of Area H which abuts I-580.

STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and INTRODUCE Ordinance approving Stage 2 Development Plan; and adopt Resolution approving Site Development Review with conditions for the Water Quality Control Detention Basin in Dublin Ranch Area H.

ACTION 16

6.3 17Sorrento at Dublin Ranch Area F Stage 1 Planned Development Zoning and Stage 2 Planned Development Zoning, PA 04-042 (File # 450-30)

The Applicant, Toll Brothers, Inc., as authorized agent for the Lin Family represented by James Tong, is requesting an amendment to PA 01-037 Stage 1 Planned Development Zoning and Stage 2 Planned Development Zoning. The Applicant 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 reading and INTRODUCE Ordinance adopting an amendment to Stage 1 Planned Development Zoning and Stage 2 Planned Development Zoning for Sorrento at Dublin Ranch Area F East and Area F West.

ACTION 18

6.4 19Authorization for City of Dublin to Joint the Statewide Community Infrastructure Program (File #390-20)

The City Council will consider joining the Statewide Community Infrastructure Program (SCIP) to enable property owners to finance certain development impact fees for public capital improvements imposed on new development. The proposed Resolution would authorize the City to join the SCIP, authorize the California Statewide Communities Development Authority to accept applications from property owners for non-residential developments, and conduct special assessment proceedings and levy assessments within the territory of the City of Dublin.

STAFF RECOMMENDATION: Conduct public hearing; deliberate; and adopt Resolution authorizing the City of Dublin to join the Statewide Community Infrastructure Program.

ACTION 20

6.5 21Dublin Transit Center Amendment to Master Development Agreement, PA 00-013
(File #600-60)

The City Council will consider an amendment to the Master Development Agreement for the Transit Center between the City of Dublin and Alameda County Surplus Property Authority. The proposed amendment of 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 reading and INTRODUCE Ordinance approving Amendment to the Master Development Agreement.

ACTION 22

6.6 23Extending an Urgency Ordinance Placing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries (File #560-60)

At its August 16, 2005 meeting, the City Council adopted a 45-day moratorium on medical marijuana dispensaries within the City expires on September 30, 2005. The Council may extend the moratorium for up to a ten month and fifteen day period by a 4/5 vote; however, Government Code section 65858(d) requires that the City Council issue a written report of the measures taken to alleviate the conditions that led to the adoption of the moratorium at least 10 days prior to the expiration of the urgency ordinance. The City Council directed Staff during this interim 45-day period to hold internal meetings and to undertake fact-gathering from Alameda County cities and neighboring jurisdictions relative to possible options available to regulate medical marijuana dispensaries and this process is underway.

STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt the report required by Government Code 65858(d); and waive reading and adopt Urgency Ordinance (4/5 vote required).

ACTION 24


7. UNFINISHED BUSINESS

7.1 25Presentation of the Final Report for the Recreational and Civic Facilities Assessment for the Camp Parks Project Area (File #420-20)

At its meetings of February 15 and March 15, 2005, the City Council discussed possible future park and public facilities in the Camp Parks Project Area (187 acres of property that the Army is considering transitioning over to private development). The Council will hear a presentation and participate in discussion of alternative concepts for a future public facility to be included in the 187-acre Camp Parks Project Area.

STAFF RECOMMENDATION: 1) Receive presentation; 2) Evaluate whether the theme concept should be pursued; 3) If so, determine whether one of the proposed themes is acceptable and identify the desired components per the theme; and 4) determine desired acreage number for transmittal to Army.

ACTION 26

7.2 27Proposed First Time Homebuyer Loan Program (File #430-60)

The City Council has been interested in the development of a first time homebuyer program for several years. The Housing Element adopted on June 3, 2003, contains a policy to provide opportunities for first time homebuyers to purchase homes in Dublin. The Council will review and discuss various features that reflect policy directions in the proposed First Time Homebuyer Loan Program.

STAFF RECOMMENDATION: Receive report; provide direction regarding the issues related to the First Time Homebuyer Loan Program; and direct Staff to return with a draft of a First Time Homebuyer Loan Program.

ACTION 28

8. NEW BUSINESS

8.1 29Granting Consent to the City of Pleasanton to Form the Tri-Valley Tourism Business Improvement District (File #470-50)

In order to streamline the process of forming a Tri-Valley Tourism Business Improvement District (TVTBID) for the four Tri-Valley cities, the City Council will consider granting Dublin’s consent to the City of Pleasanton to form the Tri-Valley Tourism Business Improvement District. Once consent has been given by Dublin, Livermore and San Ramon, the City of Pleasanton would be responsible for all noticing and meeting requirements for the formation of the Business Improvement District.

STAFF RECOMMENDATION: Adopt Resolution granting consent to the City of Pleasanton to form the Tri-Valley Tourism Business Improvement District.

ACTION 30

8.2 31Amendment to Resolution No. 22-98, Extending Use of a “Permit Parking” Area at the Cul-de-Sac End of Scarlett Court to Include Taxi Cabs for the RideNow Pilot Project
(File #570-20)

The City Council will consider allowing the Alameda County Congestion Management Agency (CMA) to use the cul-de-sac end of Scarlett Court as a taxi pick-up area as part of the Guaranteed Ride Home program for participants of the CMA-sponsored RideNow Pilot Project. This project is intended to encourage use of BART for commute purposes by matching drivers and riders electronically to carpool to and from the East Dublin/Pleasanton BART Station. The guaranteed taxi ride home service will insure that RideNow participants will be able to get home if they miss their rides by using free taxi cab service.

STAFF RECOMMENDATION: Adopt Resolution amending Resolution No. 22-98, and approve Budget Change in the amount of $7,500 to the Traffic Signal and Street Lighting Operating Budget for FY 2005-06.

ACTION 32

8.3 33Approval of Second Amendment to Sublicense Agreement between City of Dublin and East Bay Regional Park District Concerning Maintenance and Operation of the Iron Horse Trail and Alamo Canal Trail to Add the Tassajara Creek Regional Trail (File #600-40)

The City entered into a Sublicense Agreement with the East Bay Regional Park District in 1995 assigning the City’s responsibility for maintenance and operation of the Iron Horse Trail and Alamo Canal Trail, located on Zone 7 property and governed by a License Agreement between the City and Zone 7, to the Park District. The City entered into a Replacement License Agreement with Zone 7 in February 2005 that added the Tassajara Creek Regional Trail to the license. The Second Amendment to the Sublicense Agreement will assign maintenance and operation of the Tassajara Creek Trail to the Park District.

STAFF RECOMMENDATION: Adopt Resolution approving the Second Amendment to the Sublicense Agreement with East Bay Regional Park District.

ACTION 34

8.4 35Resolution Welcoming the Valley Children’s Museum to the Tri-Valley Region
(File #950-60)

At its May 26, 2005 meeting, the Tri-Valley City Council (comprised of the City Councils of the Cities of Dublin, Livermore, Pleasanton and San Ramon, and the Town of Danville) received a presentation by Valley Children’s Museum representatives relative to their desire to build and operate a Children’s Museum in the Tri-Valley. At that meeting, the Tri-Valley City Councils agreed that each City would consider, at a City Council meeting of their respective cities, adopting a resolution of support welcoming in Valley Children’s Museum to the Tri-Valley region.

STAFF RECOMMENDATION: Adopt a Resolution welcoming the Valley Children’s Museum to the Tri-Valley Region.

ACTION 36

8.5 37Consideration of a Commemorative Inscription in Memory of Former Vice Mayor Dave Burton (File #610-50)

Mayor Lockhart is requesting that the City Council consider commissioning a commemorative inscription in memory of former Vice Mayor Dave Burton. The inscription, which would cost $100, would be engraved on a concrete bench leading up to the Public Safety Memorial located in the courtyard of the Civic Center.

STAFF RECOMMENDATION: Consider Mayor Lockhart’s request to commission a commemorative inscription in memory of former Vice Mayor Dave Burton.

ACTION 38

8.6 39Designation of Voting Delegate and Alternate for the 2005 League of California Cities Conference and the Proposed Voluntary Statewide Residential Green Building Guidelines Resolution that will be presented at the League of California Cities Conference
(File #610-40/660-40)

It has become necessary for the Mayor to re-appoint a new Voting Delegate and Alternate to the League of California Cities before the annual conference in October 2005. In addition, there is a request from Councilmember McCormick that Council consider sending a letter to the League of California Cities stating the City of Dublin’s support of the proposed Voluntary Statewide Residential Green Building Guidelines.

STAFF RECOMMENDATION: 1) Confirm the appointment of Mayor Lockhart as Voting Delegate and Councilmember McCormick as Alternate for the League of California Cities 2005 Annual Conference, and direct Staff to notify the League of the appointments; 2) Authorize the Mayor to send a letter of support on behalf of the Dublin City Council that would indicate the City of Dublin support on the Proposed Resolution Relating to Voluntary Statewide Residential Green Building Guidelines that will be presented at the 2005 League of California Cities Annual Conference.

ACTION 40

8.7 41Financial Assistance for the Hurricane Katrina Relief Efforts (File #150-10)

Mayor Lockhart has requested that $20,000 in financial assistance be sent to the American Red Cross to aid the Hurricane Katrina Relief Efforts based on the criteria that it serves a public purpose. In addition, Staff would propose outreach efforts within the Dublin community such as media releases, a direct link to the American Red Cross from the City’s website and set up a special phone line to help facilitate questions and contributions

STAFF RECOMMENDATION: Consider a $20,000 appropriation from the City’s Contingent Reserve to aid with the Hurricane Katrina Relief Efforts based on the criteria that it serves a public purpose and approve the proposed outreach efforts or supply Staff with additional direction.

ACTION 42

8.8 43Designation of Agency Labor Negotiators – Unrepresented Employee: City Manager (File # 110-30/600-30)

This item provides for the designation of two members of the City Council as the City’s representatives to discuss conditions of employment, including salary and fringe benefits, for the City Manager.

STAFF RECOMMENDATION: Designate two members of the City Council as City Representatives to negotiate with the City Manager.

ACTION 44

9. OTHER BUSINESS

9.1 45Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports

10. 46 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 # 694 Agenda Printed 9/17/2005 12:57:00 PM