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 (3 potential cases).
II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
     Initiation of litigation pursuant to Government Code section 54956.9, subdivision c (1 potential case).

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

2. 2 REPORT OF CLOSED SESSION ACTION

3. ORAL COMMUNICATIONS

3.1 3 Introduction of New Employee:  Jim Sparvoli, Permit Technician (700-10)

3.2 4 Acceptance of Gifts to City from Day on the Glen Festival Sponsors (150-70)

The City would like to formally thank those sponsors who contributed cash or in-kind donations in support of the 2005 Day on the Glen Festival at Emerald Glen Park and September 18 – 19, 2005.

STAFF RECOMMENDATION:  Recognize donors and formally accept gifts.

ACTION 5

3.3 6 Acceptance of Gifts to City from Dublin Senior Foundation (150-70)

The Dublin Senior Foundation is making a contribution of $11,067, as well as an in-kind donation of a new 50-inch television valued at $3,925.

STAFF RECOMMENDATION:  Recognize Senior Foundation and formally accept gifts.

ACTION 7

3.4 8 Proclamation Supporting Red Ribbon Week, October 23 – 31, 2005 (610-50)

3.5 9 Proclamation Declaring October 28, 2005 as National Immigrants Day (610-50)

3.6 10 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. 11 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 October 4, 2005.

STAFF RECOMMENDATION:  Approve

4.2 Revisions to the Personnel System (750-40/750-60)

The City Council will authorize the annual change in the City’s health benefit premiums for current (active) employees and current/future retirees to be effective January 1, 2006.  The Council will also consider adoption of a resolution that authorizes employees to have the option to purchase individual service credit on a pre-tax basis from CalPERS.

STAFF RECOMMENDATION:  Adopt Resolution(s).

4.3 Award of Bid – Contract No. 05-12, Civic Center Trellis Painting (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.  Four bids were received.  The low bid is within funds budgeted for this project.

STAFF RECOMMENDATION:  Adopt Resolution awarding Contract No. 05-12, Civic Center Trellis Painting, to Bella Painting.

4.4 Award of Bid – Contract No. 05-11, Dougherty Assessment District Fence Painting (600-35)

This project consists of repainting the wrought iron fence along Fall Creek Road in the Dougherty Assessment District.  Six bids were received; the low bid is within funds budgeted for this project.

STAFF RECOMMENDATION:  Adopt Resolution awarding Contract No. 05-11, Dougherty Assessment District Fence Painting, to Bella Painting.

4.5 Approval of Parcel Map 8469 – Dublin Corners Retail Center (410-40)

Parcel Map 8469 subdivides the Dublin Corners retail development into five parcels and dedicates Emergency Vehicle Access Easement and Public Service Easements to the City.  The 4.86-acre Dublin Corners site is located at the southeast corner of Dublin Boulevard and Myrtle Drive.

STAFF RECOMMENDATION:  Adopt Resolution approving Parcel Map 8469.

4.6 Approval of Parcel Map 8640, Dublin Ranch Area H (410-40)

Parcel Map 8640 subdivides 66.3 acres between I-580 and Dublin Boulevard from Brannigan Street to Keegan Street (Dublin Ranch Area H) into three parcels.  The Eastern Dublin Specific Plan provides for General Commercial/Office Developments on Parcels 1 and 2, and the Regional Water Quality Control Basin will be constructed on Parcel 3.

STAFF RECOMMENDATION:  Adopt Resolution approval Parcel Map 8640.

4.7 Preliminary Financial Reports for the Month of September 2005 (330-50)

STAFF RECOMMENDATION:  Receive reports.

4.8 City Treasurer’s Investment Report for 1st Quarter FY 2005-2006 (320-30)

The City’s investment portfolio totals $102,760,899 (market value).  As of September 30, 2005 funds were invested at an average yield of 3.361%.

STAFF RECOMMENDATION:  Receive report.

4.9 Request to Waive Competitive Bid Process and Authorize Staff to Purchase Police Vehicles Directly from Vendor (350-20)

Staff is requesting that the City Council waive the competitive bid process in accordance with Dublin Municipal Code §2.36.050(a)(10) and (11), and authorize Staff to purchase police vehicles directly from the least costly vendor.

STAFF RECOMMENDATION:  Adopt Resolution authorizing purchase of police vehicles directly from vendor (requires a 4/5 affirmative vote).

4.10   Approve Extension of Capital Improvement Program (CIP) Project No. 96920, Dublin Boulevard Widening Project – Village Parkway to Sierra Court, through Fiscal Year 2005-2006 (600-35)

Staff is requesting an extension of the Dublin Boulevard Widening Project, Contract No. 01-010 – Village Parkway to Sierra Court, through Fiscal Year 2005-2006 to accommodate continued discussion of the construction claim filed by the Contractor.  Approval of additional funds to pay for Staff time and contract services is also being requested.

STAFF RECOMMENDATION:  Approve extension of CIP 96920, Dublin Boulevard Widening Project, Contract No. 01-010 – Village Parkway to Sierra Court, through Fiscal Year 2005-2006; and approve Budget Change in the amount of $74,913.

4.11   Warrant Register ($6,072,857.28) dated October 18, 2005 (300-40)

STAFF RECOMMENDATION:  Approve

ACTION 12

5. 13 WRITTEN COMMUNICATIONS - None

6.  PUBLIC HEARING

6.1 14 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6457 Dublin Court (Lee) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements – Houston Place to I-580 (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 6457 Dublin Court, which is situated just southwest of the intersection.

ACTION 15

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

6.2 16 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6500 Dublin Boulevard (Lange et al) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements – Houston Place to I-580 (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 6500 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 17

6.3 18 To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6380 Scarlett Court (Gil) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements – Houston Place to I-580 (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 6380 Scarlett Court, which is situated just southeast of the intersection.

ACTION 19

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

6.4 20 East Dublin BART Parking Structure State 2 Planning Development Rezoning and Site Development Review, PA 03-062 (410-30/450-30)
The East Dublin BART Parking Structure project consists of a 6-7 level parking structure, surface parking and 7,500 square feet of ground floor retail on approximately +4.99 acres of land within the Dublin Transit Center.  The parking structure would replace the majority of existing surface parking for BART patrons at the Dublin Transit Center.

STAFF RECOMMENDATION:  1) Open public hearing 2) deliberate 3) Provide Staff with direction on the 3 items recommended by the Planning Commission 4) waive reading and INTRODUCE Ordinance adopting the Stage 2 Planned Development Rezoning;  and 5) adopt Resolution approving the Site Development Review.

ACTION 21

7. UNFINISHED BUSINESS

7.1 22 Emerald Glen Recreation and Aquatic Center Facility Study (210-30/215-30)

On April 12, 2005 the City Council held a joint study session with the Parks and Community Services Commission to review options for future community recreation facilities.  The Council selected a preferred building program for the Emerald Glen Recreation and Aquatic Complex and directed Staff to report back on the estimated construction and operational costs of the preferred option.  The Consultant and Staff have completed a thorough analysis of the construction costs and probable operational expenditures and revenues.

STAFF RECOMMENDATION:  Receive Report; provide Staff with comments regarding various alternatives; and schedule Council Workshop to discuss and evaluate funding options.

ACTION 23

7.2 24 Dublin Historic Park Master Plan Alternatives (920-30)

One of the City Council Strategic Goals for 2004-2005 is to “Expand and enhance Dublin Historic Park”.  The City contracted with Royston Hanamoto Alley and Abey to develop a site master plan.  The purpose of the Dublin Historic Park Master Plan is twofold: (1) to assist the Council in determining the land uses for the Dublin Square Shopping Center as part of the Specific Plan process that is underway for the area; and (2) to assist the Council in determining whether the Dublin Square Shopping Center is the appropriate location for a park to fill the existing park deficit.  The Council will consider three options for a possible Dublin Historic Park.

STAFF RECOMMENDATION:  1. Receive the presentation from Staff and Consultant Team and provide direction on the following: 

ACTION 25

a) Which of the options should be developed further

b) Are there changes that should be made to the preferred option c) If the Full Site Scheme is the preferred option, should the Cultural Arts Center be pursued.    If so, should the Cultural Arts Center be a renovated building or new construction, and d) Should the cemetery on the Dublin Historical Preservation Association land be pursued; 2.  Schedule a City Council workshop to review funding options.

8. NEW BUSINESS

8.1 26 Braddock & Logan Affordable Housing proposal to Comply with Inclusionary Zoning Regulations for the Braddock & Logan development at Fallon Village (430-80/450-20)

Affordable Housing compliance with Inclusionary Ordinance as proposed by Braddock and Logan for the Fallon Village Area

STAFF RECOMMENDATION:  Staff recommends that the City Council 1) Receive Staff presentation; 2) Hear public testimony; 3) Deliberate and; 4) Direct Staff to: (a) Inform Braddock & Logan that the Council will not waive the requirements of the Inclusionary Zoning Regulations required by the proposal; or (b) By consensus, direct Staff to work with Braddock & Logan to refine the proposal including, in particular, the timing of construction of the proposed affordable units.

ACTION 27

8.2 28 After Action Report on July 4, 2005, Public Safety Activities (650-60)

The City Council will receive an informational report on the Public Safety Activities associated with the past July 4, 2005 holiday.

STAFF RECOMMENDATION:  Receive informational report.

ACTION 29

8.3 30 Consideration of a Commemorative Inscription in Recognition of Camp Parks Commander, Col. James Doty (610-50)

Mayor Lockhart is requesting that the City Council consider commissioning a commemorative inscription in recognition of outgoing Camp Parks Commander, Col. James Doty.  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 recognition of outgoing Camp Parks Commander, Col. James Doty.

ACTION 31

9. OTHER BUSINESS

9.1 32 Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports

10. 33 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 # 696     Agenda Printed  10/16/2005  11:53:04 AM