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

          I.       CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION 

Government Code section 54956.9, subdivision (a)
Name of case:   Marsh v. City of Dublin et al, Alameda Superior Court V605238913

          II.      CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION 

Government Code section 54956.9, subdivision (a)
Name of cases:  DeSilva Gates Construction, LP, v. City of Dublin; CCS Planning and Engineering v. City of Dublin; CalTrans v. City of Dublin; Chrisp Company v. City of Dublin; City of Dublin v. DeSilva Gates Construction, LP and National Union Fire Insurance Co. of Pittsburgh, Pennsylvania (Alameda County Superior Court Action Nos. VGO3122358, VG03134125, VG04140656)

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

2. 2 REPORT OF CLOSED SESSION ACTION

3.     ORAL COMMUNICATIONS

3.1     3 APPOINTMENT TO SENIOR CENTER ADVISORY COMMITTEE (110-30)
The Council will consider the appointment of Beth Wood to the Senior Center Advisory Committee to fill the unexpired term (December 2008) of Hans Berg, who recently resigned.

STAFF RECOMMENDATION:  Confirm Mayor’s appointment.

ACTION 4

3.2     5 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.       6 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 7

4.1     MINUTES OF REGULAR MEETING OF DECEMBER 6, 2005.

STAFF RECOMMENDATION:  Approve

4.2     CONSULTANT SERVICES AGREEMENT FOR PUBLIC FACILITIES FEE UPDATE (600-30)

The 2004-2009 Capital Improvement Program includes a project to update the Public Facility Fee Study.  MuniFinancial has prepared the last two updates to the Fee, and Staff recommends executing an agreement with MuniFinancial for the 2005-2006 Fee Study Update.

STAFF RECOMMENDATION:  Adopt Resolution approving Consultant Services Agreement with MuniFinancial; and approve Budget Change in the amount of $15,900.

4.3     CONSULTANT SERVICES AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES FOR APPRAISAL SERVICES FOR PUBLIC FACILITIES FEE UPDATE AND TRAFFIC IMPACT FEE UPDATE (600-30)

The 2004-2009 Capital Improvement Program includes a project to update the Public Facilities Fee Study.  Additionally, the Public Works Department intends to update the Traffic Impact Fee Study.  Associated Right of Way Services has prepared land appraisals for these studies in the past, and Staff recommends executing an agreement to update the land appraisals used for these studies.

STAFF RECOMMENDATION:  Adopt Resolution approving Consultant Services Agreement with Associated Right of Way Services.

4.4     ACCEPTANCE OF WORK – DOUGHERTY ASSESSMENT DISTRICT FENCE PAINTING, CONTRACT NO. 05-11 (600-35)

This project consisted of repainting the green wrought iron fence along Fall Creek Road.  The cost of the project was paid by Dougherty Landscape Maintenance Assessment District Funds.

STAFF RECOMMENDATION:  Accept work performed under Contract No. 05-11; and authorize final payment to Bella Painting, less retention to be paid in 35 days if no subcontractor or supplier claims are received.

4.5     IMPROVEMENT AGREEMENT FOR IMPROVEMENTS ASSOCIATED WITH TRACT 7441, LOT A1 (THE VILLAS), PHASE III – SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.) (600-60)

Pfeiffer Ranch Investors II, Inc. (dba Pinn Brothers Fine Homes, Inc.) is seeking City Council approval of an improvement agreement for improvements associated with Tract 7441, Lot A1 (The Villas), Phase III – Silvera Ranch.  The Villas is the third phase of Silvera Ranch, a four-phase 254-unit development approved as Tract 7441 by the Planning Commission in September 2003.  An improvement agreement has been executed by the Developer to assure construction of required tract improvements.

STAFF RECOMMENDATION:  Adopt Resolution approving Improvement Agreement with Pfeiffer Ranch Investors II, Inc.

4.6     AMENDMENT TO AGREEMENT WITH UNIVERSAL BUILDING SERVICES FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES (600-30)

This amendment provides for a 10% reduction in street sweeping rates based on a recent determination from the Department of Industrial Relations that custodial street sweeping is not subject to prevailing wage regulations.

STAFF RECOMMENDATION:  Adopt Resolution approving amendment to the Agreement with Universal Building Services for Street Sweeping and Parking Lot Sweeping Services.

4.7     8 AMENDMENT TO AGREEMENT WITH LINHART PETERSEN POWERS ASSOCIATES (600-30)

The City Council will consider an amendment to the agreement for a revised rate schedule with Linhart Petersen Powers Associates for primary Building and Safety Services.

STAFF RECOMMENDATION:  Adopt Resolution approving amendment to the Agreement; and authorize Community Development Director to execute the amendment to the Agreement.

ACTION 9

4.8     CONSULTANT SERVICES AGREEMENT WITH BKF ENGINEERS, INC., FOR PRELIMINARY ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES FOR THE SCARLETT DRIVE IRON HORSE TRAIL EXTENSION CAPITAL IMPROVEMENT PROGRAM PROJECT (600-30)

This action would approve a consulting services agreement with BKF Engineers to perform preliminary engineering and environmental consulting services for the project which will extend Scarlett Drive to its intersection with Dougherty Road.  These services are funded through Traffic Impact Fees and mitigation contributions.

STAFF RECOMMENDATION:  Adopt Resolution approving Consultant Services Agreement with BKF Engineers, Inc.

4.9     DISPOSAL OF PROPERTY – UNCLAIMED AND SURPLUS PROPERTY (350-40)

Staff is requesting the City Council declare certain items as unclaimed and surplus property and authorize Staff to send the items to Nationwide Auction Systems for auction.

STAFF RECOMMENDATION:  Adopt Resolution declaring property surplus; and authorize Staff to proceed with transfer of property to auction company.

4.10   ANNUAL REPORT ON THE STATUS OF THE DUBLIN GENERAL PLAN AND HOUSING ELEMENT COMPLIANCE, JULY 1, 2004 – JUNE 30, 2005 (420-30)

The City Council must consider and review the Annual Report for Fiscal Year 2004-2005 on the status of the City’s compliance with the goals and policies of the Dublin General Plan and the Housing Element prior to submittal to the California State Office of Planning & Research and Housing & Community Development.

STAFF RECOMMENDATION:  Receive and accept Annual Report on the Status of the Dublin General Plan and Housing Element Compliance; and direct Staff to forward the Annual Report to the Office of Planning & Research and Housing & Community Development.

4.11   PRELIMINARY FINANCIAL REPORTS FOR THE MONTH OF NOVEMBER 2005 (330-50)

STAFF RECOMMENDATION:  Receive reports.

4.12   WARRANT REGISTER ($1,808,950.57) DATED DECEMBER 20, 2005 (300-40)

STAFF RECOMMENDATION:  Approve

5.       10 WRITTEN COMMUNICATIONS - None

6.       PUBLIC HEARING

6.1     11 FALLON VILLAGE (FORMERLY EDPO) PD REZONE WITH RELATED STAGE 1 DEVELOPMENT PLAN FOR THE OVERALL FALLON VILLAGE PROJECT, STAGE 2 DEVELOPMENT PLAN FOR THE NORTHERLY 488 ACRES OF FALLON VILLAGE OWNED/CONTROLLED BY BRADDOCK & LOGAN, AND DEVELOPMENT AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN RE INVESTORS (BRADDOCK & LOGAN), PA 04-040 (600-60/450-30)

This is the second reading of two Ordinances, the first of which would approve a Stage 1 Planned Development (PD) Rezone to allow construction of 3,108 residential units and 2,503,175 square feet of non-residential development for the overall Fallon Village project.  The second Ordinance would approve a Stage 2 PD Rezone and a Development Agreement for the northerly 488 acres of land owned/controlled by Braddock and Logan.  The proposed project, formerly known as the East Dublin Property Owners (or EDPO), is located east of Fallon Road and the Dublin Ranch project, west and southwest of the City Limits boundary with unincorporated Alameda County, and north of I-580.

STAFF RECOMMENDATION:  Conduct public hearing; deliberate; waive reading and adopt Ordinance approving a PD Rezone with Stage 1 Development Plan; waive reading and adopt Ordinance approving a PD Rezone with Stage 2 Development Plan for the northerly 488 acres of Fallon Village owned/controlled by Braddock & Logan; and waive reading and adopt Ordinance approving a Development Agreement with Dublin RE Investors (Braddock & Logan) for the northerly 488 acres of Fallon Village owned/controlled by Braddock & Logan.

ACTION 12

6.2     13 RESOLUTION ESTABLISHING A POLICY REGARDING OFFICIAL TRAVEL AND OTHER BUSINESS, AND REIMBURSEMENT OF EXPENSES ASSOCIATED THEREWITH AND AN ORDINANCE AUTHORIZING THE PAYMENT OF EXPENSES FOR MEMBERS OF CITY COMMISSIONS AND COMMITTEES (300-20)

Assembly Bill 1234, which goes into effect on January 1, 2006, imposes new restrictions on compensation and the reimbursement of expenses for members of local legislative bodies.  The City Council will adopt a travel and business expense reimbursement policy and introduce an associated Ordinance amending the Dublin Municipal Code to authorize payment of expenses for City Commissioners and Committee members. 

STAFF RECOMMENDATION:  Conduct public hearing; deliberate; waive first reading and INTRODUCE Ordinance Amending Chapters 2.16 and 2.18 of and adding Chapters 2.46 and 2.48 to the Dublin Municipal Code relating to the reimbursement of expenses for members of City Commissions and Committees; and adopt Resolution establishing a policy regarding official travel and other business, and reimbursement of expenses in conjunction therewith.

ACTION 14

7.       UNFINISHED BUSINESS

7.1     15 BUDGET AMENDMENT FOR FY 2005-2006 TRI-VALLEY BUSINESS COUNCIL FUNDING (330-20)

The City Council will consider a $15,000 contribution to support the FY 2005-2006 efforts of the Tri-Valley Business Council. 

STAFF RECOMMENDATION:  Approve Budget Change in the amount of $15,000 from the Unappropriated General Fund Reserves to contribute to the Tri-Valley Business Council for FY 2005-2006.

ACTION 16

8.       NEW BUSINESS

8.1     17 CONSULTANT SERVICES AGREEMENT WITH FEHR AND PEERS ASSOCIATES, INC., FOR THE DEVELOPMENT OF A CITYWIDE BICYCLE MASTER PLAN (600-30)

The 2004-2009 Capital Improvement Program includes a project to develop a Citywide Bicycle Master Plan, including access to parks and open space areas.  The City proposes to hire the services of Fehr and Peers Associates, Inc., to develop the Master Plan.

STAFF RECOMMENDATION:  Adopt Resolution approving Consultant Services Agreement with Fehr and Peers Associates, Inc.

ACTION 18

8.2     19 2006 ST. PATRICK’S DAY POSTER ARTWORK AND ROAD CLOSURES (950-40)

The 23rd Annual St. Patrick’s Day Celebration is scheduled for the weekend of March 18-19, 2006.  The City Council will consider artwork options for the event poster, as well as authorizing street closures for the weekend events.

STAFF RECOMMENDATION:  1) Select preferred option for the 2006 St. Patrick’s Day Poster or provide Staff with alternate direction.  If Option #1 is selected, determine preferred artist rendition; if Option #2 is selected, determine preferred four photos.  2)  Adopt Resolution authorizing temporary street closures for festival, parade and fun run.

ACTION 20

8.3     21 PROPOSED EX PARTE CONTACTS POLICY (610-20)

Ex parte contacts are communications or other information, including site visits, received outside the hearing process that are relevant in an adjudicatory matter before City officials.  The City Council will consider adopting an Ex Parte Contacts Policy in order to protect against the deprivation of procedural due process rights of parties in administrative proceedings where a property right is at stake.

STAFF RECOMMENDATION:  Adopt Resolution Permitting Ex parte Contacts in Quasi-Judicial Proceedings – OR – Adopt Resolution Prohibiting Ex parte Contacts in Quasi-Judicial Proceedings – OR – Provide other direction to Staff.

ACTION 22

Recess 23

8.4     24 CITY OF DUBLIN DRAFT COMMENT LETTER ON THE DUBLIN HIGH SCHOOL FACILITIES MASTER PLAN DRAFT ENVIRONMENTAL IMPACT REPORT (400-20)

The City Council will consider comments prepared by Staff related to the proposed Dublin High School expansion.

STAFF RECOMMENDATION:  Approve draft letter in concept and authorize City Manager to execute letter and transmit to Kim McNeeley, Director of Facilities, Dublin Unified School District.

ACTION 25

8.5     26 APPROVAL OF FUNDING AGREEMENT BETWEEN THE CITY OF DUBLIN, BAY AREA RAPID TRANSIT (BART) DISTRICT, CITY OF PLEASANTON AND THE COUNTY OF ALAMEDA FOR THE PROPOSED WEST DUBLIN/PLEASANTON BART STATION (600-40)

In June 2000, the Cities of Dublin and Pleasanton entered into a Financial Memorandum of Understanding (MOU) with BART to provide a level of financial assistance to support the West Dublin/Pleasanton BART Station, to be located at Golden Gate Avenue and I-580.  BART is now prosing that a new funding agreement be considered between BART and the Cities of Dublin and Pleasanton and Alameda County to replace the 2000 MOU.

STAFF RECOMMENDATION:  Adopt Resolution authorizing the City Manager to sign the Funding Agreement between the City of Dublin, the City of Pleasanton, Bay Area Rapid Transit District, and the County of Alameda for the West Dublin/Pleasanton BART Station.

ACTION 27

9.       OTHER BUSINESS

9.1     28 Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports

10.     29 ADJOURNMENT     

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.

City Council Meeting # 703   Agenda Printed  12/17/2005  7:31:36 PM  

Mission

The City of Dublin promotes and supports a high quality of life that ensures a safe and secure environment, fosters new opportunities and provides responsive fair treatment to our diverse community

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 community.

Dublin, with its distinctive place in the region, highlights culture, diversity and civic stewardship to create a broad mosaic.  This mosaic is enriched by the integrating of cultures, races and economic diversity into villages and neighborhoods – forming a common network that welcomes both residents and businesses alike; supporting the efforts and achievements of all. 

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.

Mission

The City of Dublin promotes and supports a high quality of life that ensures a safe and secure environment, fosters new opportunities and provides responsive fair treatment to our diverse community

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 community.

Dublin, with its distinctive place in the region, highlights culture, diversity and civic stewardship to create a broad mosaic.  This mosaic is enriched by the integrating of cultures, races and economic diversity into villages and neighborhoods – forming a common network that welcomes both residents and businesses alike; supporting the efforts and achievements of all.