HomeMy WebLinkAboutFebruary 7, 2017 Agenda Packet
February 7, 2017 Dublin City Council Agenda Page 1 of 5
REGULAR MEETING
Tuesday, February 7, 2017
Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL
A G E N D A
Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)
Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on
the annual subscription list, please call 833-6650.
A complete packet of information containing Staff Reports and exhibits relate to each item is available of public
review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council
members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is
available in the City Clerk’s Office and also at the Dublin Library.
CLOSED SESSION 6:30 P.M.
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of Dublin Blvd.
and Arnold Road (portion of the Camp Parks property)
Agency negotiator: Chris Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
II. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1
potential case
REGULAR MEETING 7:00 P.M.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Employee Introductions: Tyler Phillips
A new member of City Staff will be introduced: Tyler Phillips, Parks and Community
Services Recreation Coordinator.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
3.2. Acceptance of Donation from the Altamont Cruisers Car Club
Dublin Police Services’ Crime Prevention Unit was given a generous donation from the
Altamont Cruisers Car Club. The donation amount of $2,300 will be used for training DARE
(Drug Abuse Resistance Education) instructors. The Dublin City Council will present the
Altamont Cruisers Car Club with a Certificate of Appreciation for their donation.
STAFF RECOMMENDATION:
Formally accept the $2,300 donation and recognize the donor.
3.3. Acceptance of Donation from the Valley Spokesmen Touring Club
Dublin Police Services’ Crime Prevention Unit was given a generous donation from Valley
Spokesmen Touring Club. The donation amount of $1,500 will be used to expand the Dublin
Police Services bicycle safety program. The Dublin City Council will present Valley
Spokesmen with a Certificate of Appreciation for their donation.
STAFF RECOMMENDATION:
Accept the $1,500 donation and formally recognize the donor.
February 7, 2017 Dublin City Council Agenda Page 2 of 5
3.4. Presentation from Visit Tri-Valley
The City Council will receive a presentation from Barbara Steinfeld, Executive Director of
Visit Tri-Valley, providing an overview of regional tourism and visitor-related activities.
STAFF RECOMMENDATION:
Receive the presentation.
3.5. Community Spotlight: Certificate of Recognition for EDEN I & R, Inc.
The City Council will present a "Community Spotlight" certificate of recognition to EDEN I
& R, Inc., in recognition of their continued contributions to the Dublin community.
STAFF RECOMMENDATION:
Present the certificate of recognition.
3.6. Public Comment
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
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. January 10, 2017 City Council Minutes
The City Council will consider approval of the minutes of the January 10, 2017 Regular City
Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the January 10, 2017 Regular City Council meeting.
4.2. Declaration of Weeds and Combustible Debris Abatement
In accordance with Dublin Municipal Code section 5.70.030, the City Council may declare
that there is a public nuisance created by weeds and combustible debris growing or
accumulating upon the streets, sidewalks and property within the City of Dublin. This
declaration requires the Fire Chief or his designee to notify property owners of the nuisance
conditions and demand that the conditions be abated without delay. If the abatement is not
completed, the City of Dublin shall, at the expense of the owner, have the weeds or refuse
removed.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and
Ordering the Abatement Thereof; direct Staff to notify the public of the adoption of this
Resolution; and schedule a public hearing for the April 4, 2017 City Council meeting at
which time the City Council will hear and consider objections to this abatement order.
4.3. Acceptance of Charitable Donation from Anthony, Angie and Lauren Bilich
Dublin Police Services Crime Prevention Unit was given a generous donation from the Bilich
Family. The donation amount of $750 will be used to assist the Dublin Police Services
DARE (Drug Abuse Resistance Education) program. The Dublin City Council will present
the Bilich Family with a Certificate of Appreciation for their donation.
STAFF RECOMMENDATION:
Formally accept the $750 donation and recognize the donor.
February 7, 2017 Dublin City Council Agenda Page 3 of 5
4.4. Amended and Restated Agreement for Maintenance and Operation of the Dublin
Library with Alameda County
The City Council will consider the Amended and Restated Agreement for Maintenance and
Operation of the Dublin Library with Alameda County, which provides library related
services at the Dublin Public Library. This agreement updates the City and County’s
responsibilities to support facility operations and library related services at the facility. The
County has agreed to the drafted contract terms.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Amended and Restated Agreement for Maintenance
and Operation of the Dublin Library.
4.5. Amendments to Dublin Zoning Ordinance Chapter 8.40 (Accessory Structures and
Uses Regulations) and Chapter 8.80 (Second Units Regulations) PLPA 2016-00062
Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 broadens the State’s affordable housing
efforts by relaxing the standards for second units (aka “accessory dwelling units”). Among
other things, the enactment of SB 1069 and AB 2099 requires that local agencies provide for
a ministerial review of proposed accessory dwelling units, and limits the regulations that
local agencies can impose on such units. Additionally, the bills prohibit the imposition of
parking standards under specified circumstances. The proposed Zoning Ordinance
amendments reflect these changes to the law as they relate to setbacks, allowable unit size
and the parking requirement based on specified parameters. Additionally, other minor
amendments are proposed to clarify the review of second dwelling units. At the January 10,
2017 City Council Meeting, the City Council waived the reading and introduced an
Ordinance adopting the proposed Zoning Ordinance Amendments. The City Council is being
asked to waive the second reading and adopt the Amendments.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapters 8.40 (Accessory Structures and Uses Regulations) and 8.80 (Second
Units Regulations) Effective City-Wide.
4.6. City Council St. Patrick's Day Parade Participation
The annual Dublin Lions Club St. Patrick’s Day Parade will be held on Saturday, March 18,
2017. The Dublin City Council participates in the parade each year, and last year the City
Council rode on a fire truck.
STAFF RECOMMENDATION:
City Council to participate in the St. Patrick’s Day Parade by riding on a fire truck.
4.7. Authorization to Prepare Engineer's Reports: Citywide Street Lighting Maintenance
Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District
83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District
86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment
District 97-1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99-1
(Dublin Ranch Area and Tracts 7067, 7586, 8024, 8073, 8074)
The City Council will consider authorizing the preparation of Engineer's Reports for the
Fiscal Year 2017-18 assessments for the City's two street lighting maintenance assessment
districts and three landscaping and lighting maintenance districts. Public hearings will be
held prior to the levy of assessments.
STAFF RECOMMENDATION:
Adopt five Resolutions directing preparation of the Annual Engineer's Reports for:
Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting
Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting
Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping and
Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and Street Lighting
Maintenance Assessment District 99-1.
February 7, 2017 Dublin City Council Agenda Page 4 of 5
4.8. Fallon Sports Park Phase 2 - Amendment to Agreement for Testing and Inspection
Services
The City Council will consider approval of an amendment to the Agreement between the
City of Dublin and MatriScope Engineering Laboratories to provide additional materials
testing and inspection services for the Fallon Sports Park Phase II project (CIP No. pk0414).
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment #2 to the Agreement between the City of
Dublin and MatriScope Engineering Laboratories.
4.9. Establishing Designated Parade Routes and Approving St. Patrick’s Day Parade and
Shamrock 5K Fun Run and Walk Road Closures
The City Council will consider establishing parade routes for the following annual events: St.
Patrick’s Day Parade, Shamrock 5K Fun Run and Walk, and the Dublin High School
Homecoming Parade. The City Council will also consider approving road closures for the
2017 St. Patrick’s Day Parade and Shamrock 5K Fun Run and Walk.
STAFF RECOMMENDATION:
Adopt the Resolution Establishing Designated Parade Routes for the St. Patrick’s Day
Parade, Shamrock 5K Fun Run and Walk, and Dublin High School Homecoming Parade; and
adopt the Resolution Authorizing Temporary Street Closures for the 2017 St. Patrick’s Day
Parade and Shamrock 5K Fun Run and Walk.
4.10. Agreement with East Bay Pool Service for Pool Maintenance Services at the Emerald
Glen Recreation and Aquatic Complex
The City Council will consider a service contract with East Bay Pool Service for pool
maintenance at Emerald Glen Recreation and Aquatic Complex and other pool services as
requested by the City. A Request for Proposals (RFP) was released in December 20, 2016 on
the City's online bidding system with East Bay Pool Service emerging as the sole responder.
Staff is recommending a three-year service agreement with East Bay Pool Service expiring
on December 31, 2019, subject to annual appropriation of funds.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with East Bay Pool Service for Pool
Maintenance Services.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING – NONE.
7. UNFINISHED BUSINESS
7.1. Mayor's Recommendation for Appointment to Planning Commission
At the January 10, 2017 City Council meeting, the City Council approved two of three
recommended appointments to the City's Planning Commission, leaving one vacancy. The
City Council will consider the Mayor’s recommendation for appointment to fill that vacancy.
STAFF RECOMMENDATION:
Confirm the Mayor’s recommendation of appointment to the Planning Commission or
provide other appropriate direction.
7.2. Overview of Dublin Crossing School Site and Related Negotiations with Dublin Unified
School District
The City Council will receive an informational report on the history of the Dublin Crossing
school site, including the ongoing discussions with Dublin Unified School District and
provide direction to City Staff.
STAFF RECOMMENDATION:
Receive the report and provide direction to Staff.
February 7, 2017 Dublin City Council Agenda Page 5 of 5
8. NEW BUSINESS – NONE.
9. OTHER BUSINESS - Brief information only reports from City Council and/or Staff,
including committee reports and reports by City Council related to meetings attended at City
expense (AB1234).
10. 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.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters
new opportunities.
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 is unified in its belief that an engaged and informed community encourages innovation in all aspects of City
life, including programs to strengthen our economic vitality, and preserve our natural surroundings through
environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle
through the creation of first-class recreational opportunities, facilities and programs.
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Employee Introductions: Tyler Phillips
Prepared by: Micki Cronin, Assistant Director of Parks & Comm. Services
EXECUTIVE SUMMARY:
A new member of City Staff will be introduced: Tyler Phillips, Parks and Community
Services Recreation Coordinator.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member Tyler Phillips, Parks and Community Services
Recreation Coordinator, will be introduced to the City Council.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Donation from the Altamont Cruisers Car Club
Prepared by: Dave Snider, Sergeant Dublin Police Services
EXECUTIVE SUMMARY:
Dublin Police Services’ Crime Prevention Unit was given a generous donation from the
Altamont Cruisers Car Club. The donation amount of $2,300 will be used for training
DARE (Drug Abuse Resistance Education) instructors. The Dublin City Council will
present the Altamont Cruisers Car Club with a Certificate of Appreciation for their
donation.
STAFF RECOMMENDATION:
Formally accept the $2,300 donation and recognize the donor.
FINANCIAL IMPACT:
The $2,300 donation will assist Dublin Police Services in updating its training for DARE
instructors.
DESCRIPTION:
On Tuesday, December 12, 2016, Sergeant Dave Snider attended a Grant Presentation
Meeting on behalf of Dublin Police Services. At the meeting the Altamont Cruisers Car
Club presented him with a check for $2,300.
The Altamont Cruisers Car Club awarded Dublin Police Services this grant to assist with
the DARE program. The funds received will be used to further educate and train the
School Resource Officers and Crime Prevention Staff on current drug trends and
teaching techniques. The funds were made available as a result of a profit the Altamont
Cruisers Car Club made from their annual car show.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
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ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Donation from the Valley Spokesmen Touring Club
Prepared by: Dave Snider, Sergeant Dublin Police Services
EXECUTIVE SUMMARY:
Dublin Police Services’ Crime Prevention Unit was given a generous donation from
Valley Spokesmen Touring Club. The donation amount of $1,500 will be used to
expand the Dublin Police Services bicycle safety program. The Dublin City Council will
present Valley Spokesmen with a Certificate of Appreciation for their donation.
STAFF RECOMMENDATION:
Accept the $1,500 donation and formally recognize the donor.
FINANCIAL IMPACT:
The $1,500 donation will be used for the Operating Supplies associated with the Bicycle
Safety Program, including the bicycle rodeos.
DESCRIPTION:
On Tuesday, November 12, 2016, Dublin Police Services received a letter with a check
in the amount of $1,500 from the Valley Spokesmen Touring Club. The letter indicated
that the Valley Spokesmen wanted to provide the donation to support the Dublin Police
Services “Bicycle Safety Program”. The funds were made available as a result of a
profit The Valley Spokesmen made from their women’s only “Cinderella
Classic/Challenge” bicycle tour in April 2011.
Dublin Police Services’ Crime Prevention Unit coordinates and sponsors several bicycle
rodeo and safety events throughout the year. The events target Dublin youth and focus
on bicycle and roadway safety. The donation would allow Crime Prevention to
purchase additional bicycle safety literature, obstacle course materials, and bicycle
maintenance tools and supplies. With these additional funds, the Crime Prevention Unit
will be able to expand the bicycle safety program for the children in our community.
3.3
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Presentation from Visit Tri-Valley
Prepared by: Lori Taylor, Economic Development Director and Public
Information Officer
EXECUTIVE SUMMARY:
The City Council will receive a presentation from Barbara Steinfeld, Executive Director
of Visit Tri-Valley, providing an overview of regional tourism and visitor-related activities.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will receive a presentation from Barbara Steinfeld, Executive Director
of Visit Tri-Valley, providing an overview of regional tourism and visitor-related activities.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Community Spotlight: Certificate of Recognition for EDEN I & R, Inc.
Prepared by: Rhonda Franklin, Management Analyst
EXECUTIVE SUMMARY:
The City Council will present a "Community Spotlight" certificate of recognition to EDEN
I & R, Inc., in recognition of their continued contributions to the Dublin community.
STAFF RECOMMENDATION:
Present the certificate of recognition.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In a effort to highlight the efforts of a non-profit agency that serves the Dublin
community, the City Council will present a "Community Spotlight" certificate of
recognition to EDEN I & R, Inc., in recognition of their continued contributions to the
Dublin community through linking families and individuals to the full range of community
resources for health, housing, and human services available to them. In 2016, the
organization celebrated its 40th anniversary.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
January 10, 2017 City Council Minutes
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the January 10, 2017 Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the January 10, 2017 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the January 10, 2017 Regular
City Council meeting.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
Draft Minutes of the January 10, 2017 Regular City Council Meeting
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – JANUARY 10, 2017
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
JANUARY 10, 2017
A Regular Meeting of the Dublin City Council was held on Tuesday, January 10, 2017,
in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor
Haubert.
Closed Session
A closed session was held at 6:00 PM, regarding:
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of
Dublin Blvd. and Arnold Road (portion of the Camp Parks property)
Agency negotiator: Chris Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
1 potential case
1. Call to Order and Pledge of Allegiance – The pledge of allegiance was recited by the
City Council, Staff and those present at the meeting.
Attendee Name Title Status
Arun Goel Councilmember Present
Melissa Hernandez Councilmember Present
David Haubert Mayor Present
Abe Gupta Councilmember Present
Don Biddle Vice Mayor Present
2. Report on Closed Session – There was no reportable action out of Closed Session.
3. Oral Communications
3.1. Recognition of Outgoing City of Dublin Commissioners and Committee
Members
The City Council recognized the outgoing Commissioners and Committee
members for their contributions.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
JANUARY 10, 2017
3.2. Recognition of 2016 Decorate Dublin Holiday Contest Winners
The City Council recognized the contest winners.
3.3. Acceptance of Gifts to City from Dublin Senior Center Sponsors
Formally accepted the gifts from Dublin Senior Center Sponsors.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Abe Gupta, Councilmember
SECONDER: Don Biddle, Vice Mayor
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
3.4. Public Comment
R. Jing Firmeza, Dublin resident, provided public comment.
4. Consent Calendar
4.1. Approved the minutes of the December 20, 2016 Regular City Council Meeting.
4.2. Adopted
RESOLUTION NO. 01 – 17
APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND GEOSYNTEC CONSULTANTS FOR GREEN INFRASTRUCTURE
PLANNING AND STORMWATER RESOURCE PLAN EVALUATION
4.3. Adopted
RESOLUTION NO. 02 – 17
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF
THE CITY OF DUBLIN IN THE CSCDA OPEN PACE PROGRAMS; AUTHORIZING
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO
ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL
ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF DUBLIN; AND
AUTHORIZING RELATED ACTIONS
4.4. Adopted
RESOLUTION NO. 03 – 17
AUTHORIZING EXECUTION OF A JOINT COMMUNITY FACILITIES AGREEMENT
AMONG THE CITY OF DUBLIN, DUBLIN SAN RAMON SERVICES DISTRICT, AND
DUBLIN CROSSING, LLC
4.1.a
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
JANUARY 10, 2017
4.5. Approved the Heritage and Cultural Arts Commission's selections for the Utility
Box Art Pilot Program.
4.6. Approved the budget calendar to guide the development of the City’s FY 2017-18
Budget Update.
4.7. Adopted
RESOLUTION NO. 04 – 17
ESTABLISHING THE CITY OF DUBLIN DEBT MANAGEMENT POLICY
4.8. Adopted
RESOLUTION NO. 05 – 17
ACCEPTING THE DUBLIN LIBRARY TENANT IMPROVEMENTS (CIP NO. PK0315)
Adopted
RESOLUTION NO. 06 – 17
APPROVING THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
DUBLIN AND BULL STOCKWELL ALLEN FOR ADDITIONAL SERVICES FOR THE
LIBRARY TENANT IMPROVEMENT PROJECT (CIP NO. PK0315)
4.9. Adopted
RESOLUTION NO. 07 – 17
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIPLE HS, INC.
dba HT HARVEY & ASSOCIATES, TO PROVIDE CONSULTING SERVICES FOR
THE DOUGHERTY ROAD IMPROVEMENTS – CIP NO. ST0911
4.10. Adopted
RESOLUTION NO. 08 – 17
APPROVING AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND CONTRACT SWEEPING SERVICES
RESULT: ADOPTED [UNANIMOUS]
MOVER: David Haubert, Mayor
SECONDER: Don Biddle, Vice Mayor
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
5. Written Communication – None.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
JANUARY 10, 2017
6. Public Hearing
6.1. Amendments to Dublin Zoning Ordinance Chapter 8.40 (Accessory
Structures and Uses Regulations) and Chapter 8.80 (Second Units
Regulations) PLPA 2016-00062
Mayor Haubert opened the public hearing.
No comments were made.
Mayor Haubert closed the public hearing.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Vice Mayor
SECONDER: Abe Gupta, Councilmember
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
7. Unfinished Business – None.
8. New Business
8.1. Dublin Boulevard Improvements - Sierra Court to Dublin Court: Project
Update, Approval of Plans and Specifications and Authorization to Bid a
Project Phase
Adopted
RESOLUTION NO. 09 – 17
APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING BIDDING
FOR THE UNDERGROUNDING OF UTILITIES IN THE CITY OF DUBLIN
UNDERGROUND UTILITY DISTRICT 2013-1 AS PART OF THE DUBLIN
BOULEVARD IMPROVEMENTS – SIERRA COURT TO DUBLIN COURT PROJECT
(CIP NO. ST1012)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Vice Mayor
SECONDER: Arun Goel, Councilmember
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
8.2. Fire Prevention, Planning and Building Code Enforcement Overview
The City Council received the overview.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
JANUARY 10, 2017
8.3. Mayor’s Appointments of Planning Commissioners and Potential Changes
to Appointment Process
Mike Grant, Dublin resident, provided public comment.
On motion of Vm. Biddle, seconded by Cm. Gupta and by unanimous vote, the
City Council approved the appointment of Stephen Wright to fill Arun Goel’s
Planning Commission seat.
On motion of Vm. Biddle, seconded by Cm. Gupta and by unanimous vote, the
City Council approved the appointment of Amit Kothari to fill Lynna Do’s Planning
Commission seat.
On motion of Vm. Biddle, seconded by Cm. Gupta and by a 3-2 vote (Mayor
Haubert and Cm. Goel voting yes), the motion to appoint Mona Lisa Ballesteros
to Rameet Kohli’s Planning Commission seat, failed.
The City Council directed staff to seek training opportunities for the Planning
Commissioners so they can better understand the rules and responsibilities of
the Planning Commission; bring back to the City Council changes that can be
codified and embody best practices from surrounding communities; and bring
back to the City Council a discussion related to the scope of some Planning
Commission duties that may be shifted to the Community Development Director.
9. Other Business
By consensus, the City Council directed staff to provide an update on the progress of
the Camp Park school site.
By consensus, the City Council directed staff to acquire a gift for the City of Bray,
Ireland, which will be presented at the Green & White Gala.
10. Adjournment
A moment of silence was observed in the memory of Dublin resident Margarita Soto.
The meeting was adjourned at 9:03 p.m. in honor of Margarita Soto, Staff Sgt. Sean
Diamond and all of our fallen troops.
Mayor
ATTEST:
___________________________
City Clerk
4.1.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Declaration of Weeds and Combustible Debris Abatement
Prepared by: Bonnie S. Terra, Division Chief/Fire Marshal
EXECUTIVE SUMMARY:
In accordance with Dublin Municipal Code section 5.70.030, the City Council may
declare that there is a public nuisance created by weeds and combustible debris
growing or accumulating upon the streets, sidewalks and property within the City of
Dublin. This declaration requires the Fire Chief or his designee to notify property
owners of the nuisance conditions and demand that the conditions be abated without
delay. If the abatement is not completed, the City of Dublin shall, at the expense of the
owner, have the weeds or refuse removed.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance
and Ordering the Abatement Thereof; direct Staff to notify the public of the adoption of
this Resolution; and schedule a public hearing for the April 4, 2017 City Council meeting
at which time the City Council will hear and consider objections to this abatement order.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In accordance with Dublin Municipal Code section 5.7.030, the City Council may declare
that there is a public nuisance created by weeds and combustible debris growing or
accumulating upon the streets, sidewalks and property within the City of Dublin. With
this declaration, the Fire Chief or his designee is required to notify property owners of
the nuisance conditions and demand that the conditions be abated without delay. If the
abatement is note completed, the City of Dublin shall, at the expense of the owner, have
the weeds and refuse removed.
The proposed public hearing date will be April 4, 2017 with the intention on allowing for
4.2
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the abatement process to be completed prior to June 30, 2017. Starting the process at
this time will allow for Staff to complete the process within the time frame while still
abiding by the City's applicable ordinances.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Declaration of Weeds & Combustible Debris
4.2
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ATTACHMENT 1
RESOLUTION NO. -17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, Government Code Section 39502 et. seq. authorizes the legislative body of a
city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and
WHEREAS, the Alameda County Fire Department is under contract to provide services
and exercise the powers common to the City of Dublin; and
WHEREAS, the City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5.70 of the
Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and refuse.
NOW, THEREFORE BE IT RESOLVED that:
1. Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire
Department and the City of Dublin hereby declare as public nuisances all weeds and refuse
growing or accumulating upon the streets, sidewalks, and property as defined in section
5.70.030, in the City of Dublin.
2. The Fire Chief, or his designee, shall cause notice to be given to the public in the form
and manner provided in sections 5.70.030 and 5.70.040 of the Dublin Municipal Code, notifying
said public of the passage of this Resolution and further that on April 4, 2017 at 7:00 p.m., the
City Council of the City of Dublin will conduct a public hearing to hear and consider objections to
this abatement order.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.2.a
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Charitable Donation from Anthony, Angie and Lauren Bilich
Prepared by: Dave Snider, Sergeant Dublin Police Services
EXECUTIVE SUMMARY:
Dublin Police Services Crime Prevention Unit was given a generous donation from the
Bilich Family. The donation amount of $750 will be used to assist the Dublin Police
Services DARE (Drug Abuse Resistance Education) program. The Dublin City Council
will present the Bilich Family with a Certificate of Appreciation for their donation.
STAFF RECOMMENDATION:
Formally accept the $750 donation and recognize the donor.
FINANCIAL IMPACT:
The $750 donation will assist Dublin Police Services in offering the DARE program.
DESCRIPTION:
On Tuesday, January 3, 2017, the Bilich family delivered a check to Dublin Police
Services in the amount of $750 as a donation for use in children’s education, including
the DARE program.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
4.3
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1824
None.
Page 1
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amended and Restated Agreement for Maintenance and Operation of the
Dublin Library with Alameda County
Prepared by: Andrew Freeman Jr., Business Manager
EXECUTIVE SUMMARY:
The City Council will consider the Amended and Restated Agreement for Maintenance
and Operation of the Dublin Library with Alameda County, which provides library related
services at the Dublin Public Library. This agreement updates the City and County’s
responsibilities to support facility operations and library related services at the facility.
The County has agreed to the drafted contract terms.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Amended and Restated Agreement for
Maintenance and Operation of the Dublin Library.
FINANCIAL IMPACT:
Financial impact is neutral. The amended changes do not impact the City’s 2016-2017
Adopted Operational Budget of $865,281 appropriated for the Dublin Library.
DESCRIPTION:
The Dublin Public Library opened in April 2003. The City owns the Library building and
through an operational agreement, started in October 2002, library related services are
provided by the Alameda County Library on behalf of the City. The Dublin Library is
open 51 hours per week with the City funding 23 hours and the County 28 hours.
The reworking of the agreement relates to the following:
· Shifting the allocation of building space responsibility between the City and
Library; and
· Updating the County reimbursement method for janitorial services to the City.
4.4
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Page 2 of 3
The reassignment of building space between the City and Library will change with the
arrival of the 21st Century Room in 2017. The 21st Century Learning Room will merge
traditional library services/programming with the power of digital learning tools. The
room will be equipped with a video interfacing wall promoting a wide range of new
media applications, a sound system, and other hardware such as laptops, wireless
internet devices and an audio visual rack management system supporting computer-
based classes and other public-based service opportunities. The Alameda County
Library will be responsible for policies and use of the room and exhibit areas, including
exhibits in the common areas.
With the Library shifting resources to support the 21st Century Learning Room the City
will assume the responsibility of scheduling the Program Room. City programming in
this space will likely include youth services such as enrichment classes, science,
technology, engineering and mathematics (STEM), and creative writing activities.
Additionally, services for adults will likely be scheduled consisting of health and
wellness services. The City will be programming this space for year-round utilization.
The change in the allocation of space is represented in the tables below.
CURRENT SPACE ALLOCATION
City County Library
Library Area and General
Space ~33,340 sq. ft.
X
Community Room +
Kitchen and Storage Areas
~2,070 sq. ft.
X
Program Room ~689 sq. ft. X
Common Areas ~1,135 sq.
ft.
X
FUTURE SPACE ALLOCATION
City County Library
Library Area and General
Space ~33,340 sq. ft.
X
Community Room +
Kitchen and Storage Areas
~2,070 sq. ft.
X
Program Room ~689 sq. ft. X
Common Areas ~1,135 sq.
ft.
X
21ST Century Room ~1,400
sq. ft.
X
The janitorial service change relates to the reimbursement calculation. Currently,
reimbursement to the City is based a formula related to charges for janitorial supplies
4.4
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and services, square footages for common areas and dedicated Library areas, and for
carpet cleaning based on the County’s standard budget for carpet cleaning, adjusted as
needed. The new approach to calculate this reimbursement is based on the areas
controlled by the County Library. This change simplifies the tracking process and
calculation of shared maintenance and janitorial fees.
The County has agreed to both of these changes. All other terms of the agreement
remain unchanged and enforced.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Amended and Restated Agreement for Maintenance and Operation of the
Dublin Library with Alameda County
2. Exhibit A to the Resolution - Amended and Restated Agreement
4.4
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ATTACHMENT 1
RESOLUTION NO. xx–17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE AMENDED AND RESTATED AGREEMENT FOR MAINTEANCE AND
OPERATION OF THE DUBLIN LIBRARY WITH THE COUNTY OF ALAMEDA
WHEREAS, the facility is intended to be used as the primary site from which library
service is provided to residents of the City of Dublin; and
WHEREAS, the County of Alameda has agreed to provide library related services from
the facility to residents of the City of Dublin 51 hours per week; and
WHEREAS, the terms and conditions for the use of building space and maintenance
services between the City of Dublin and the County of Alameda are in the attached Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amended and Restated Maintenance and Operation Agreement with the
County of Alameda.
PASSED, APPROVED AND ADOPTED this 7th day of February 2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
4.4.a
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Amended and Restated Agreement for Maintenance Page 1 of 7
and Operation of the Dublin Library 2017
AMENDED AND RESTATED AGREEMENT FOR MAINTENANCE AND OPERATION OF THE
DUBLIN LIBRARY
This Agreement, made and entered into this ____ day of _____________, 2017, by and between the City of
Dublin (hereinafter City), a municipal corporation, and the County of Alameda (hereinafter County), a body corporate and
politic of the State of California.
WITNESS
WHEREAS, the City of Dublin will complete construction of a new facility called the Dublin Library on land
owned by the City at the Dublin Civic Center; which land is designated by the Alameda County Assessor as Parcel No. 1,
2 and 3 as shown on Exhibit A, attached hereto.
WHEREAS, the facility is intended to be used as the primary site from which library services are provided for
residents of the City of Dublin; and
WHEREAS, pursuant to Education Code Section 19100, et seq., the Alameda County Library has been
organized; and
WHEREAS, the City is desirous of utilizing the services of the Alameda County Library to operate library-related
activities and to provide equipment related to the general operation of the library; and
WHEREAS, this Agreement does not change in any way other agreements between the City of Dublin and the
County of Alameda for library services which remain in full force and effect, such agreements being 1) the Contract
Agreement between the City of Dublin and the County of Alameda for Additional Library Services and the Purchase of
Additional Library Materials for Fiscal Year 2001-2002 which was executed on September 11, 2001, 2) subsequent
annual contracts continuing additional library services at the Dublin Library, and 3) the Agreement between the City of
Dublin and the County of Alameda for the Purchase of an Opening Day Collection of Library Materials for the Dublin
Library which was executed on December 18, 2001; and
WHEREAS, on October 8, 2002, the City and County entered into an Agreement for Maintenance and
Operation of the Dublin Library; and
WHEREAS, on December 2, 2008, the City and County entered into a First Amendment to the Agreement for
Maintenance and Operation of the Dublin Library to amend the responsibilities for Janitorial Services; and
WHEREAS, on March 27, 2014, the City and County entered into a Second Amendment to the Agreement for
Maintenance and Operation of the Dublin Library to amend the responsibilities for Utilities; and
WHEREAS, City and County desire to amend and restate the Agreement to incorporate the changes made in
the First and Second Amendments and to further amend content pertaining to allocation of space, janitorial service, and
maintenance of visual/audio equipment.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter set forth,
the City and County mutually agree as follows:
1. Ownership of Library Materials Collection: The County owns all of the books, periodicals, audio/visual
materials, and other library materials which have been purchased with County Library funds. The City owns all
of the books, audio/visual materials, and other library materials which have been and will be purchased under
the terms of the Agreement between the City and the County for the Purchase of an Opening Day Collection of
Library Materials for the Dublin Library which was executed on December 18, 2001; all terms and conditions
pertaining to the City’s ownership of those materials as defined in that Agreement remain in full force and effect.
Also, the City owns all of the books, audio/visual materials, and other library materials purchased with City
4.4.b
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Amended and Restated Agreement for Maintenance Page 2 of 7
and Operation of the Dublin Library 2017
funds provided through the terms of annual contract agreements with the County Library for the purchase of
additional library materials. All terms and conditions relating to the ownership of these City-owned materials as
expressed in the annual contracts remain in full force and effect.
2. County Owned Equipment: The County owns all of the computer equipment attached to the integrated
automated system used for materials circulation, public catalogs, internet access, and the acquisition and
processing of materials; the telephone system; desensitizers for the security system; check-in machines for the
circulation system; cash registers; fax machines; listening stations; audio/visual equipment in the Center for the
21st Century; and all computer equipment placed in the library facility as of December, 2002. The County owns
or provides through a lease with a vendor all photocopiers in the building and all printers attached to the
network and placed in the library facility as of December, 2002. Subsequent purchases of equipment, furniture,
and shelving required by the County Library and purchased with County Library funds shall be the property of
the County.
3. Allocation of Space: County Library shall use ±33,340 sq. ft. of the Dublin Library solely for library purposes.
This figure includes ±6,600 square feet of unfinished area (expansion space on west side of building) and any
areas not specifically designated as City managed or common spaces. City shall schedule and manage the
±2,070 sq. ft. Community Room and its adjacent kitchen and storage areas plus the ±689 sq. ft. Program
Room, for a total of ±2,759 sq. ft. managed by the City. Common areas are: entry lobby, public restrooms,
halls connecting the Community Room with the lobby and public restrooms, and janitorial storage. The
Common areas consist of ±1,135 sq. ft. When the unfinished areas are built out, the allocation of space will
change and this Agreement will be amended accordingly.
4. Priority Use of Meeting Room Space
a. Community Room: Managed by the City. County Library shall have access to reserve this space. City
shall have first priority and County Library second. Occupancy limit is 122.
b. Center for 21st Century Skills and Learning: Managed by the County. City shall have access to reserve
this space. County Library shall have first priority and City second. Occupancy limit is ~80.
c. Library Program Room: Managed by the City. City shall have first priority. County Library second
priority and members of the public third. Occupancy limit is 46.
5. Building Maintenance: The City shall, at the City’s own cost and expense, keep and maintain said library
premises in good order and repair during the term of this Agreement. Said maintenance shall include, but shall
not be limited to:
a. All building mechanical, electrical, and plumbing systems, including heating and air conditioning
system, fire alarm, fire sprinklers, smoke alarms, security system, and plumbing problems that require
cleaning of drain or sewer lines;
b. All grounds and facility parking lots, outdoor signage, landscaping, and outdoor pest control;
c. All interior portions of the building, including carpet repair and/or replacement, fixtures and appliances
(including built-in refrigerator), electrical system equipment (except computer systems, audio/visual
equipment, and voice and data equipment owned or leased by the County and microwave oven in
Staff Lounge), plumbing, windows, doors, interior painting, and interior pest control. City shall in
addition maintain lighting system. City will purchase light bulbs, tubes, and ballasts, repair/replace
ballasts as required, and replace light bulbs and tubes that cannot be reached with a six foot ladder.
d. All exterior portions of the building, including roofing, painting, signage, windows, exterior lighting, and
graffiti removal.
6. Janitorial Services: City shall contract and provide janitorial services for County Library space, the Community
Room, its kitchen and storage areas, Program Room, and the Common Areas. City shall contract and provide
monthly carpet cleaning in high traffic areas for the entire building. City shall be reimbursed by County for
4.4.b
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janitorial services, supplies and carpet cleaning for the areas controlled by the County Library. The City shall be
responsible for the janitorial services, supplies and carpet cleaning for the areas controlled by the City.
Said janitorial services shall include, but shall not be limited to:
a. Cleaning of the County Library space and Common areas, including the floors, after each day of use;
b. All necessary cleaning and dusting; mopping of floors; cleaning of entrance doors, windows, and other
glass surfaces;
c. Emptying wastepaper baskets and removing waste from building;
d. Unplugging facility toilets and sinks in restrooms; cleaning and disinfecting bathroom fixtures, walls,
floors and partitions; refilling all restroom dispenser containers;
e. Replacing light bulbs and fluorescent tubes;
f. All expendable janitorial supplies (including but not limited to toilet paper, paper towels) shall be
replaced as needed;
g. Cleaning of interior graffiti;
h. Monthly floor and carpet cleaning beyond the daily cleaning.
7. Utilities: Utility charges shall be paid as follows:
a. Water: County shall pay for water for the building only; City shall pay for water for the landscaping and
grounds.
b. Gas and Electricity: City will pay for gas and electricity and invoice the County for the cost of these
services, subject to the below terms and conditions:
1. County will be invoiced by the City once annually for gas and electricity services, which will be
the summation of two components: an Energy Consumption Component and an Energy
Savings Component.
2. The Energy Consumption Component will be the actual consumption and cost of gas and
electricity services for the Dublin Library. This is a pass through amount and shall be taken
directly from the utility service provider’s bill.
3. The Energy Savings Component is the reduction in costs from those certain energy saving
improvements that have been installed by the City of Dublin Library, which shall be calculated
in two ways: Solar Generation Element and Energy Reduction Element.
a. The Solar Generation Element is monitored and reported to the City directly by the
utility service provider and by the performance monitoring equipment installed with
the solar system. The solar energy produced and sold to the grid as well as to the
utility’s energy consumed onsite is derived from the annual True-up Statement,
which the City will share with the Library. The value of solar energy consumed
onsite is estimated from the average per kWh value from the True-up Statement for
PG&E energy consumed onsite and the solar system’s monitoring equipment.
b. The Energy Reduction Element refers to those improvements, such as more efficient
lighting, that reduce energy consumption at the facility. Such improvements only
4.4.b
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show up on the annual bill as a reduction in consumption and ultimately as cost
savings. Energy Reduction Element measures are designed to reduce annual
consumption by 39% at the Library for a reduction of 189,909 kWh per year, which
shall be a stipulated savings amount annually. The Energy Reduction Element
annual savings shall be derived by multiplying 189,909 kWh by the cost per kWh of
energy within any given year, which rate shall be a blended rate as determined from
the solar true up bill by the total summation of kWh produced and consumed divided
by the total dollar values for each.
4. City and County will work together annually to finalize the invoiced amount the County will
receive from the City. Such invoices will be delivered in May/June of each year, and all
information and calculation methodologies will be shared to the satisfaction of both parties.
5. The amount the County will be invoiced by the City will be reduced each year by the City’s
contribution to the Library’s exterior lighting in the amount of $6,600.
c. Telephone Services: County shall pay for all telephone charges from the building, including charges
related to long distance service, telephone maintenance and repair, and telephone equipment
purchases, except that the City shall pay any charges for a telephone or telephones placed in the
Community Room and managed by the City.
d. Garbage Disposal: City shall pay for garbage disposal.
8. Services Provided: The County shall provide all library services in a manner consistent with generally accepted
library principles and practices. Services to be provided are determined by policies set by authority of the
County Board of Supervisors and by available budgeted funds. Said services shall include, but not be limited
to, providing the following: books and other library materials with the amount allocated for annual purchases to
be at least as great as the amount expended by County in FY 2001-02; necessary computer equipment;
processing and inventory series; a wide range of educational and informational programs; reference and
information services; a wide range of community related programs such as story hours for children; all
administrative services; all personnel required to operate the library. The County Library shall be responsible
for policies and use the Center for the 21st Century and exhibit areas including any exhibit areas in the Common
areas. Priorities for use of the Center for the 21st Century shall be: first, by the County Library and library-related
groups; second, by the City; and third, by non-profit groups and community-based organizations whose
purposes are civic, cultural, or educational and in accordance with the County Library’s Policy for Use of
Meeting Rooms in Libraries.
9. Alterations: County shall not make, approve or facilitate any alterations of the facility or the site or any part
thereof except to move furniture and trade fixtures, without the written consent of the City. Unless otherwise
agreed to by the City, any alterations shall be at the County’s expense.
10. Building Condition: City and County agree and hereby stipulate that upon occupancy said premises are in good
and tenable condition and fit for the purpose for which it is intended.
11. Reporting of Defects and Faults: County agrees to immediately report to City any leaks, damage, breakage or
repairs needed to maintain the facility and its mechanical system.
12. County Employees: All persons engaging in the performance of such services as provided by the County
pursuant to this Agreement shall be County employees or contractors. The City shall not be liable for
compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. In
the event that a court of competent jurisdiction or the California Public Employee Retirement System (PERS)
determines that the City is responsible for any employer and/or employee contributions for PERS retirement
benefits on behalf of any County employee or contractor for services provided under this agreement, County
4.4.b
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shall indemnify, defend, and hold harmless City for these contributions, as well as for payment for any penalties
and interest thereon, which would otherwise be the responsibility of the City.
13. Building Security: Responsibility for building security shall be as follows:
a. County shall be responsible for security and lock-up of library portion of the facility.
b. County shall be responsible for security and lock-up of Common areas if County Library employees
are last to leave the facility.
c. City shall be responsible for security and lock-up of Community Room, Program Room and Common
areas if Community Room and/or Program Room are in use at the time the library closes and County
Library employees’ work shifts end.
14. Insurance Requirements:
a. County shall provide and maintain comprehensive general liability insurance or self-insurance covering
personal bodily injury and property damage in an amount deemed appropriate by City. The County’s
insurance shall cover the entire collection of library materials, both County-owned and City-owned.
[No less than $2,300,000 per occurrence.]
b. City shall be responsible for providing all fire and casualty insurance in amounts deemed appropriate
by City for City-owned contents (other than the collection of library materials) and the facility.
15. Hold-Harmless Agreement:
a. County agrees to indemnify, defend and hold harmless the City of Dublin, its officers, employees,
agents and volunteers, from and against any liability, damage, or losses of any nature which may be
suffered by or secured against City arising out of any negligent acts, errors, or omissions of County, its
agents or employees, excepting such injury or harm as may be caused by any act or omission by City.
The liability of County shall include, but not be limited to, attorney’s fees, bodily injury or property
damage.
b. City agrees to indemnify, defend and hold harmless the County of Alameda, its agents, officers and
employees, from and against any liability, damage, or losses of any nature whatsoever which may be
suffered by or secured against County arising out of any negligent acts, errors, or omissions of City, its
officers, employees, agents and volunteers, excepting such injury or harm as may be caused by any
act or omission by County. The liability of City shall include, but not be limited to, attorney’s fees,
bodily injury, death, personal injury or property damage.
16. Compliance with Applicable Codes: County, at its sole cost and expense shall comply with all the requirements
of the municipal, state and federal authorities now in force or which may hereafter be enforced pertaining to said
County services and shall faithfully observe, in the use of the premises, all municipal ordinances and state and
federal statutes now in force or which may hereafter be enforced. The County shall not use the premises in any
manner which constitutes a public or private nuisance by statute.
City, at its sole cost and expense, shall be responsible for major structural modifications to the building that may
be required due to future changes in municipal, state or federal codes.
17. Non-Transferable: The parties to this Agreement shall not, voluntarily or involuntarily, assign, hypothecate,
encumber or transfer any interest in this Agreement without prior written approval of the other parties.
18. Term of Agreement: This Agreement shall remain in full force and effect unless terminated by either party.
Either party shall have the right to terminate the Agreement for any cause provided that the party requesting the
4.4.b
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termination provides the other party with a written notice of its intent to terminate. Said notice shall be delivered
at least 90 days prior to the intended termination date.
19. Surrender of Property After Term: County agrees to surrender said premises in the event of termination of this
Agreement in the same condition as received, except for reasonable use and wear, as provided in this
Agreement.
20. Notices: Unless otherwise provided herein, any notice to be given hereunder by any party to the other may be
effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt
requested, unless sooner received, and shall be deemed communicated as of three (3) days from mailing. Mail
notices shall be addressed as set forth below, but each party may change its address by written notice and in
accordance with this paragraph.
TO: City Manager TO: County Administrator
City of Dublin County of Alameda
100 Civic Plaza 1221 Oak Street
Dublin, CA 94568 Oakland, CA 94612
Alameda County Librarian
2450 Stevenson Blvd.
Fremont, CA 94538
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
COUNTY OF ALAMEDA CITY OF DUBLIN
By: _________________________________ By: ____________________________
President of the Board of Supervisors Mayor
County of Alameda
State of California
ATTEST: ATTEST:
By: _________________________________ By: ____________________________
Clerk of the Board of Supervisors City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: _________________________________ By: ____________________________
Farand Kan, Deputy County Counsel City Attorney
2703027.2
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4.4.b
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendments to Dublin Zoning Ordinance Chapter 8.40 (Accessory
Structures and Uses Regulations) and Chapter 8.80 (Second Units
Regulations) PLPA 2016-00062
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 broadens the State’s affordable
housing efforts by relaxing the standards for second units (aka “accessory dwelling
units”). Among other things, the enactment of SB 1069 and AB 2099 requires that local
agencies provide for a ministerial review of proposed accessory dwelling units, and
limits the regulations that local agencies can impose on such units. Additionally, the bills
prohibit the imposition of parking standards under specified circumstances. The
proposed Zoning Ordinance amendments reflect these changes to the law as they
relate to setbacks, allowable unit size and the parking requirement based on specified
parameters. Additionally, other minor amendments are proposed to clarify the review of
second dwelling units. At the January 10, 2017 City Council Meeting, the City Council
waived the reading and introduced an Ordinance adopting the proposed Zoning
Ordinance Amendments. The City Council is being asked to waive the second reading
and adopt the Amendments.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapters 8.40 (Accessory Structures and Uses Regulations) and 8.80
(Second Units Regulations) Effective City-Wide.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The State Legislature has found that California faces a severe housing crisis and
determined that second units or “accessory dwelling units” are a valuable form of
4.5
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housing in California which provide housing for family members, students, the elderly,
in-home health care providers, the disabled, and others, at below market prices within
existing neighborhoods. It is the intent of the Legislature that local ordinances do not
unreasonably restrict the ability of homeowners to create second units through
regulation of matters such as unit size, parking, fees, and other requirements or a
discretionary review process.
Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 amend Section 65852.2 of the
California Government Code. The enactment of SB 1069 and AB 2099 require that local
agencies continue to provide a ministerial review of second dwelling units, and further
limits the regulations that local agencies can impose on such units. The new law will
become effective January 1, 2017 and require amendments to the City’s regulation of
second units.
Therefore, Staff is proposing Zoning Ordinance amendments to the Accessory
Structures and Uses Regulations (Chapter 8.40) and Second Units Regulations
(Chapter 8.80) in order to comply with State law and to ensure that the Zoning
Ordinance remains internally consistent.
At the January 10, 2017 City Council meeting, Staff presented the draft Zoning
Ordinance Amendments (Attachment 1) and the City Council waived the reading and
introduced an Ordinance approving the proposed amendments. A second reading of
the Ordinance is required prior to adoption. The City Council is being asked to waive the
second reading and adopt the Zoning Ordinance amendments (Attachment 2).
ATTACHMENTS:
1. January 10, 2017 City Council Staff Report, without attachments
2. Ordinance Approving Amendments to Dublin Zoning Ordinance Chapters 8.40
(Accessory Structures and Uses Regulations) and 8.80 (Second Units Regulations)
Effective City-Wide
4.5
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, CityManager
SUBJECT: AmendmentstoDublinZoningOrdinanceChapter 8.40 (Accessory
StructuresandUsesRegulations) and Chapter 8.80 (SecondUnits
Regulations) PLPA2016-00062
Prepared by: Amy Million, PrincipalPlanner
EXECUTIVE SUMMARY:
SenateBill (SB) 1069and Assembly Bill (AB) 2099 broadens the State’s affordable
housing efforts by relaxing the standards for secondunits (aka “accessorydwelling
units”). Amongother things, the enactment of SB 1069and AB 2099 requires that local
agencies providefora ministerialreview of proposedaccessory dwellingunits, and
limits the regulationsthatlocal agenciescan impose on suchunits. Additionally, the bills
prohibit the imposition ofparkingstandards under specifiedcircumstances. The
proposed Zoning Ordinance amendmentsreflect thesechanges to the law asthey
relate to setbacks, allowable unitsizeand theparkin g requirement based on specified
parameters. Additionally, other minor amendments are proposed to clarify the reviewof
second dwelling units.
STAFF RECOMMENDATION:
Conductthepublichearing, deliberate, waive the reading and INTRODUCE an
ApprovingAmendments to DublinZoning Ordinance Chapters 8.40 (Accessory
Structures and UsesRegulations) and 8.80 (SecondUnits Regulations) Effective City-
WidePLPA-2016-00062.
FINANCIALIMPACT:
None.
DESCRIPTION:
TheState Legislature has foundthatCalifornia f aces a severe housingcrisis and
determined that second units or “accessorydwelling units” are a valuable form of
housing in California whichprovide housing for familymembers, students, the elderly,
in-homehealthcare providers, the disabled, and other s, at below marketprices within
4.5.a
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existingneighborhoods. It is the intent oftheLegislature that localordinancesdonot
unreasonablyrestricttheability of homeowners to createsecond units through
regulation ofmatterssuch as unitsize, parking, fees, andother requirements ora
discretionary reviewprocess.
Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 will amend Section 65852.2 of the
California Government Code. Theenactmentof SB 1069and AB 2099require that local
agenciescontinueto provide a ministerialreview of seconddwelling units, andfurther
limits the regulationsthat local agencies canimpose on suchunits. The newlaw will
becomeeffectiveJanuary 1, 2017 and require amendmentsto the City’s regulationof
second units.
Therefore, Staff is proposing Zoning Ordinance amendments to the Accessory
Structures and UsesRegulations (Chapter 8.40) and Second UnitsRegulations
Chapter 8.80) in order to comply with Statelaw and to ensure that theZoning
Ordinance remainsinternally consistent.
ANALYSIS:
TheDublinZoningOrdinance currently allows forthe establishment of a second unit on
a lot with an existing, detached, single-family dwelling unit in the Single-Family
Residential (R-1) zoningdistrictand in somePlanned Development zoningdistricts.
Further, the SecondUnit Regulations (Chapter 8.80of the DublinZoning Ordinance)
allow any application for a second unitthat meetstheDevelopmentStandards and
Regulations to be approvedministeriallywithoutdiscretionaryreview or a public hearing
as required by currentState law.
With the passage of SB1069andAB2099, State law requires the City to relax certain
developmentstandards for second units including, setbacks, parking standardsandunit
size. Staff is proposing an amendmenttoChapter 8.80 (Second UnitsRegulations) to
comply with the changes in State lawand Chapter 8.40 (Accessory StructuresandUses
Regulations) for clarification. An overviewofthe proposed amendments is provided
below. For the complete ZoningOrdinanceamendments, refer tothe proposed
Ordinance, Attachment1.
Chapter 8.80 (SecondUnitsRegulations)
Unit Size. TheCity’s existingsecond unit regulationsrequire the total floor area
of a second unit tobe at least 275 square feet andnomore than 1,000square
feet. Further, in nocase shall a secondunitexceed 35% of the total floor area of
theexistingsingle-familyresidence. State law increasedthe maximum unit size
to 1,200squarefeet for detachedandattachedsecond units, but inno case
greater than 50% of the existing floor area of the single-familyresidence for
attachedsecondunits. The law continues to allow the localjurisdictions to
determine the minimum size.
Setbacks. TheCity’s existingsecond unit regulationsuse the development
standards fortheR-1 Zoning Districtwith a few exceptions. The newlaw requires
additional exception for setbackswhenthesecond dwelling unit is constructed
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above a garage or when an existinggarage is convertedto a second dwelling
unit.
Parking. TheCity’s existingsecond unit regulations require one off-street
parkingspace to be provided in additionto the two off -streetparkingspaces
required for the single-family residence. Inorderto complywith Statelaw, the
proposedordinance will not require parking for the second unit in any of the five
following instances:
1) Theaccessory dwelling unit is locatedwithin one -half mile radiusof a
publictransit stop.
2) Theaccessorydwelling unit is located within an architecturallyand
historicallysignificant historicdistrict.
3) Theaccessory dwelling unit is within theexistingprimaryresidence or an
existing accessorystructure.
4) When on-streetparking permits arerequired butnot offered to the
occupant ofthe accessory dwelling unit.
5) When there is a car share vehicle located within one blockof the accessory
dwelling unit.
Deed Restriction. The City’s existingsecondunit regulationsrequire adeed
restriction tobe recorded statingtheCity’s occupancyrequirements, i.e. one of
the units on theproperty must beowner-occupied, eitherunit may bevacant,
second unitmay not be soldseparately, etc. Theproposed amendments delete
this requirement as it isnot necessary for enforcement of theSecond Unit
Ordinance andits application is legallyquestionable.
Chapter 8.40 (Accessory StructuresandUsesRegulations)
Staff is also proposingassociatedamendments to Chapter 8.40 (AccessoryStructures
and Use Regulations) toclarify that the implementation of the SecondUnitsRegulations
is independentfromtheregulationsforaccessory structures andaccessory uses. The
following discussion summarizes the proposed amendments to this chapter.
A second unit, whileconsidered an accessory use to a single -familyresidence, is not
subject to the regulationsofChapter 8.40 (AccessoryStructuresand Uses
Regulations). As such, anamendmentto Section 8.40.020 D (Requirements for Specific
AccessoryStructuresthatApplyCity-wide) andSection 8.80.030 C (Requirements for
SpecificAccessory Usesthat ApplyCity-wide) is proposed to clearlyseparatethe
regulations for accessory structuresandaccessory uses fromtheregulationsforsecond
units. This is consistent with the currentimplementation of the ZoningOrdinanceand
simplyprovidesclarification.
4.5.a
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CONSISTENCY WITHTHE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendmentsareconsistent with the Dublin General
Plan, including the HousingElement, all applicable Specific Plans andthe Zoning
Ordinance in that the Amendments areconsistent with applicable landuse designations
andgeneral development policies. The amendmentsinclude minor revisions for internal
consistency within the Zoning Ordinance.
PLANNING COMMISSIONREVIEW:
OnDecember13, 2016, the Planning Commissionreviewed the draftordinanceand
adopted ResolutionNo. 16-25, by a3-0 vote, recommending the City Counciladopt the
Ordinanceapproving amendmentsto DublinZoning OrdinanceChapters 8.40
AccessoryStructuresandUsesRegulations) and 8.80 (Second Units Regulations)
effectivecitywide. The PlanningCommissiondraft minutes from theDecember 13, 2016
meeting and Resolution 16-25 are includedas Attachments 2 and 3 respectively.
NOTICINGREQUIREMENTS/PUBLIC OUTREACH:
Inaccordance with State law, a public noticewas published in theEastBay Times and
posted at severallocationsthroughout the City. The PublicNotice was provided to all
persons whohaveexpressed an interest in beingnotified of meetings. The StaffReport
for this publichearing wasalso madeavailableon theCity’s website.
ENVIRONMENTAL REVIEW:
TheCaliforniaEnvironmental Quality Act (CEQA), together with StateGuidelines and
City EnvironmentalRegulationsrequire that certainprojects be reviewed for
environmentalimpactsandthatenvironmentaldocumentsbeprepared. Pursuant to the
CEQA, Staff is recommending that the projectbefoundexempt in accordancewith
CEQA GuidelinesSection15061(b)(3) because it can be seen with certaintythatthe
amendmentsto Title 8 ofthe DublinMunicipal Code (Zoning Ordinance) will not have a
significanteffecton the environment. Theadoptionofthe proposed Ordinance does not,
initself, allow the establishment of any use or the construction of any building or
structure, but sets forth the regulations thatshall be followed if and whena use is
proposed to be established, or a building or structure is proposed to be constructed, or a
site is proposed to be developed. This Ordinance of itself, therefore, has nopotentialfor
resulting in significantphysicalchange inthe environment, directly or ultimately.
ATTACHMENTS:
1. Ordinance Approving Amendments to Dublin Zoning Ordinance Chapters 8.40
AccessoryStructures and Uses Regulations) and 8.80 (Second UnitsRegulations)
Effective City-Wide PLPA-2016-00062
2. DRAFT Planning CommissionMinutes12.13.16
3. PlanningCommissionResolution 16-25
4.5.a
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ORDINANCE NO. xx – 17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.40
(ACCESSORY STRUCTURES AND USES REGULATIONS) AND 8.80 (SECOND UNITS
REGULATIONS) EFFECTIVE CITY-WIDE
PLPA-2016-00062
WHEREAS, Senate Bill (SB) 1069 and Assembly Bill (AB) 2099 become effective on
January 1, 2017 and modify the State law and the requirements for second units or “accessory
dwelling units” related to unit size, setbacks, parking, and fees; and
WHEREAS, Dublin Zoning Ordinance Chapter 8.80 (Second Units Regulations) allows
for the establishment of a second unit on a lot with an existing, detached, single-family dwelling
unit in the Single Family Residential (R-1) zoning district and in a Planned Development zoning
district (if not specifically prohibited by the PD regulations) subject to certain standards ; and
WHEREAS, Zoning Ordinance amendments to Chapter 8.40 are necessary to comply
with State law and clarify the regulations for second units; and
WHEREAS, The proposed Zoning Ordinance Amendments: 1) increase the maximum
unit size, modify setbacks and reduce the parking standards in specific instances consistent with
State law; and 2) clarify that the land use and development regulations for accessory structures
and accessory uses are independent from the regulations for second units; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
13, 2016, during which all interested persons were heard, and adopted Resolution 16-25
recommending City Council adoption of the proposed Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on January 10, 2017, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds
that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all
4.5.b
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applicable Specific Plans in that the Amendments are necessary to comply with State law and
are consistent with applicable land use regulations and development policies.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, the City Council hereby
finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it
can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) will not have a significant effect on the environment. The adoption of the proposed
Ordinance does not, in itself, allow the establishment of any use or the construction of any
building or structure, but sets forth the regulations that shall be followed if and when a use is
proposed to be established, or a building or structure is proposed to be constructed, or a site is
proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
SECTION 3:
Section 8.40.020 D (Requirements for Specific Accessory Structures that Apply City -wide) of
Title 8 of the Dublin Municipal Code is hereby amended to add the following:
“3. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations.”
SECTION 4:
Section 8.40.030 C (Requirements for Specific Accessory Uses that Apply City-wide) of Title 8
of the Dublin Municipal Code is hereby amended to add the following:
“4. Second Units. Second units are subject to the provisions of Chapter 8.80, Second Unit
Regulations.”
SECTION 5:
Section 8.80.040 (Development Standards and Regulations) of Title 8 of the Dublin Municipal
Code is hereby amended to read as follows (with text in strikeout format indicating deletion and
underlined text indicating addition):
“A building permit for a second unit will only be issued if it complies with the following
development standards:
A. Permitted in the R-1 district and certain Planned Development districts. A second unit
may only be permitted in the R-1 zoning district and in a Planned Development zoning district
which specifically allows second units or in a Planned Development zoning district (if not
specifically prohibited by the PD regulations) which is subject to underlying R-1 standards where
second units are not specifically prohibited by the PD regulations.
B. Existing detached single-family dwelling unit. The lot on which a second unit is located
shall contain a legal existing, detached, single-family dwelling unit.
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C. Maximum of one second unit per lot. There shall be a maximum of one second unit per
lot.
D. Unit size. The total floor area of an attached or detached second unit shall be not less than
275 square feet, nor more than 1,2001,000 square feet. Further, in no case shall an attached
second unit exceed 35%50% of the existing living total floor area of the existing single-family
residence. For the purposes of this section “living area” shall mean the interior habitable area of
a dwelling unit including basements and attics but does not include a garage or any accessory
structure.
E. R-1 development standards. The second unit shall conform to the development standards
of the R-1 zoning district except as follows: including, but not limited to, setbacks and height but
excluding density standards.
1. No setback shall be required for an existing garage that is converted to a second
dwelling unit.
2. A setback of no more than five feet from the side and rear lot lines shall be required for
an accessory dwelling unit that is constructed above a garage.
3. As specified in this Chapter or by state law.
F. Parking. The second unit shall be provided with one additional off-street parking space in
accordance with the requirements of Chapter 8.76, Off-Street Parking and Loading, except that
the space may be compact, may be uncovered, and may be in tandem with the required parking
of the principal dwelling unit. A curb cut shall be provided to City Standards. The second unit
parking shall be in addition to parking required for the dwelling unit. The additional off-street
parking space is not required in any of the following instances:
1. The second unit is located within one-half mile radius of a public transit stop.
2. The second unit is located within an architecturally and historically significant historic
district.
3. The second unit is within the existing primary residence or an existing accessory
structure.
4. When on-street parking permits are required but not offered to the occupant of the
second unit.
5. When there is a car share vehicle located within one block of the second unit.
G. Public utilities and services. Second units shall be served by public water and sewer and
shall have access to an improved public street.
H. Design Compatibility. The second unit shall incorporate the same or similar design
features, building materials, colors, and landscaping as the existing residence to give the
appearance of a single-family residence.
I. Entrance visibility. The entrance of a second unit shall not be visible from the street.
4.5.b
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J. Coverage. The principal residence and second unit combined shall not cover more than
60% of the lot.
K. Occupancy.
1. Applications shall be limited to owner-occupants.
2. No more than one dwelling unit on the parcel shall be rented or leased. The
rental or lease period shall be longer than 30 days.
3. The owner of the lot may occupy either the principal residence or the second
unit.
4. Either of the units may remain vacant.
5. The second unit shall not be sold separately.
6. A deed restriction shall be recorded setting forth the occupancy requirements.
76. No subdivision shall be allowed unless the division meets the applicable
requirements of Title 8 and Title 9 of the Municipal Code.
L. Building setbacks. If the second unit is detached, from the principal residence on the site,
the distance between the structures shall be determined by Chapter 7.34 Dublin Residential
Code the Uniform building Code, but no more than 100 feet from the principal residence on the
site.
SECTION 6:
Section 8.80.050 (Submittal Procedures of Title 8 of the Dublin Municipal Code is hereby
amended to delete Section 8.80.050 F (Deed Restriction) and to renumber Section 8.80.050 G
(Building Permit Issuance) as Section 8.80.050 F.
SECTION 7:
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or
part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or
circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or
impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of
the ordinance or their applicability to other persons or circumstances.
SECTION 8: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
4.5.b
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PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 7th
day of February 2017, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
4.5.b
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
City Council St. Patrick's Day Parade Participation
Prepared by: Hazel L. Wetherford, Assistant to the City Manager
EXECUTIVE SUMMARY:
The annual Dublin Lions Club St. Patrick’s Day Parade will be held on Saturday, March
18, 2017. The Dublin City Council participates in the parade each year, and last year
the City Council rode on a fire truck.
STAFF RECOMMENDATION:
That the City Council participate in the St. Patrick’s Day Parade by riding on a fire truck.
FINANCIAL IMPACT:
Sufficient funds are available in the Fiscal Year 2016-17 Budget.
DESCRIPTION:
For more than 15 years, the City Council has participated in the annual St. Patrick’s Day
Parade. The form of participation has varied from year to year, and Staff is seeking
input from the City Council on how it would like to participate in the 2017 Parade. A
recap of past participation is provided for reference below.
Year Means of
Participation
Description
2004-
2006 Antique Fire Truck Decorations and signage were included on the
vehicle.
2007 Float Birthday cake celebrating the City’s 25th
anniversary.
2008 Fire Truck Decorations and signage were included on the
vehicle.
2009 Float Balloon rainbow with pots of gold for decorations.
2010-
2011 Fire Truck Decorations and signage were included on the
vehicle.
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2012 Cable Cars Decorations and signage were included on the
vehicle.
2013 Walked
Staff carried signage and drove a decorated
electric vehicle full of giveaways, which the City
Council handed out to the crowds along the
parade route.
2014 Float Balloon rainbow with pots of gold for decorations.
2015 Fire Truck Decorations and signage were included on the
vehicle.
2016 Fire Truck Decorations and signage were included on the
vehicle.
In preparing for the 2017 Parade, Staff recommends the City Council participate in the
event by riding on a fire truck. This method has proven successful in years past and
provides the best elevation so the City Council can clearly see the crowd along the
parade route. Additionally, it is the least impactful on Staff and the budget. Staff would
decorate the vehicle and include signage indicating the City Council’s presence on the
truck and the City’s 35-year anniversary.
A modest budget is available for the float entry and supplies. Due to liability issues with
the Lion’s Club’s insurance company, the tossing of giveaway items into the crowd is
not permitted.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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1800
None.
Page 1
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Authorization to Prepare Engineer's Reports: Citywide Street Lighting
Maintenance Assessment District 83-1; Landscaping and Lighting
Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping
and Lighting Maintenance Assessment District 86-1 (Villages at Willow
Creek); Landscaping and Lighting Maintenance Assessment District 97 -1
(Santa Rita Area); Street Lighting Maintenance Assessment District 99-1
(Dublin Ranch Area and Tracts 7067, 7586, 8024, 8073, 8074)
Prepared by: Nancy McDonnell, Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider authorizing the preparation of Engineer's Reports for the
Fiscal Year 2017-18 assessments for the City's two street lighting maintenance
assessment districts and three landscaping and lighting maintenance districts. Public
hearings will be held prior to the levy of assessments.
STAFF RECOMMENDATION:
Adopt five Resolutions directing preparation of the Annual Engineer's Reports for:
Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and
Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and
Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping
and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and Street
Lighting Maintenance Assessment District 99-1.
FINANCIAL IMPACT:
The cost of preparing the Engineer's Reports is budgeted in the Fiscal Year 2016-2017
budget and is paid by each respective assessment district.
DESCRIPTION:
The procedure for establishing annual maintenance assessments requires that the City
Council first authorize preparation of the Engineer's Reports. The preliminary reports
are then brought back to the City Council for approval later in the year, once the
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assessment district budgets have been formulated. Following the City Council's
approval of the preliminary reports, public hearings will be scheduled as required.
The proposed resolutions (Attachments 1-5) authorize the City Engineer to begin
preparation of the required Engineer's Reports for the two street lighting maintenance
assessment districts and the three landscaping and lighting maintenance assessment
districts described below for Fiscal Year 2017-2018.
Citywide Street Lighting Maintenance Assessment District 83-1
This District was established to replace the County Service Area, which had paid
maintenance and energy costs for public street lights within the City of Dublin. The
boundary of this assessment district encompasses the entire City, with the exception of
the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, and 8074. The City Council
approved formation of this District on August 2, 1983, with the initial assessment in the
1984-1985 tax year.
Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road)
This District provides funds for the maintenance of certain landscape improvements in
the Dublin Hills Estates and Amador Lakes developments along Stagecoach Road. The
District's boundaries include all of Tract 4719. The City Council approved formation of
this District on January 23, 1984, with the initial assessment in the 19 85-1986 tax year.
Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow
Creek)
This District maintains roadside and median landscaping associated with the Villages at
Willow Creek development along Dougherty Road. The City Council approved
formation of this District on November 10, 1986, with the initial assessment in the 1987-
1988 tax year.
Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area)
This District funds street landscape maintenance and utility costs for the Santa Rita
development area, which is bounded by Arnold Road, Gleason Drive, Tassajara Road,
and Interstate 580. The City Council approved formation of this District on July 23,
1996, with the initial assessment in the 1997-1998 tax year.
Street Lighting Maintenance Assessment District 99-1
This District funds the electric energy, maintenance and repair costs associated with
street lighting that has been installed in the Dublin Ranch area and Tracts 7067, 7586,
8024, 8073, and 8074. The City Council approved formation of this District on June 1,
1999, with the initial assessment in the 1999-2000 tax year.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Following the City Council's approval of the preliminary reports, a public hearing for
each street lighting maintenance assessment district and landscaping and lighting
maintenance assessment district will be scheduled as required. It is anticipated that the
hearings will be held in May 2017.
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ATTACHMENTS:
1. Resolution Directing Preparation of Annual Engineer's Report for Citywide Street
Lighting Maintenance Assessment District 83-1
2. Resolution Directing Preparation of Annual Engineer's Report for Landscaping and
Lighting Maintenance Assessment District 83-2
3. Resolution Directing Preparation of Annual Engineer's Report for Landscaping and
Lighting Maintenance Assessment District 86-1
4. Resolution Directing Preparation of Annual Engineer's Report for Landscaping and
Lighting Maintenance Assessment District 97-1
5. Resolution Directing Preparation of Annual Engineer's Report for Street Lighting
Maintenance Assessment District 99-1
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORT FOR
CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1
WHEREAS, on August 2, 1983, by its Resolution No. 38-83, the City Council ordered the
formation of and levied the first assessment within the City of Dublin Street Lighting
Maintenance Assessment District (“the District”) pursuant to the provisions of the Landscaping
and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways
Code) (hereinafter, “the Act”); and
WHEREAS, Section 22620 et seq of the Act provides for the levy of annual assessments
after formation of the District; and
WHEREAS, within said District, the existing and proposed improvements, and any
substantial changes proposed to be made to the existing improvements, are generally described
as: energy and maintenance work for and to all street lights within City limits of the City of
Dublin, excepting the street lighting that is maintained though Street Light Maintenance
Assessment District 83-1.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing
and filing with the Clerk a written report in accordance with Section 22565 et seq of the Act; said
Engineer is hereby directed to apportion said assessments in accordance to the benefits
received from said improvements by the lots, pieces and parcels of land within the District, and
said Engineer is hereby directed to accomplish such preparation and filing forthwith.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.7.a
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2
(STAGECOACH ROAD AREA)
WHEREAS, on January 23, 1984, by its Resolution No. 11-84, the City Council initiated
proceedings, and by Resolution No. 10-84, ordered the formation of City of Dublin Landscaping
and Lighting Maintenance Assessment District No. 83-2 (“the District”) pursuant to the
provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the
California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, Section 22620 et seq of the Act provides for the levy of annual assessments
after formation of the District; and
WHEREAS, within said District, the existing and proposed improvements, and any
substantial changes proposed to be made to the existing improvements, are generally described
as: maintenance of landscaping and irrigation within road right-of-way and within a public
easement along Stagecoach Road, from Amador Valley Boulevard to the City limits.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing
and filing with the Clerk a written report in accordance with Section 22565 et seq of the Act; said
Engineer is hereby directed to apportion said assessments in accordance to the benefits
received from said improvements by the lots, pieces and parcels of land within the District, and
said Engineer is hereby directed to accomplish such preparation and filing forthwith.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.7.b
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1
(VILLAGES AT WILLOW CREEK)
WHEREAS, on November 10, 1986, by its Resolution No. 128-86, the City Council
initiated proceedings, and by Resolution No. 129-86, ordered the formation of City of Dublin
Landscaping and Lighting Maintenance Assessment District No. 86-1 (“the District”) pursuant to
the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of
the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, Section 22620 et seq of the Act provides for the levy of annual assessments
after formation of the District; and
WHEREAS, within said District, the existing and proposed improvements, and any
substantial changes proposed to be made to the existing improvements, are generally described
as: maintenance and servicing of landscape in the Villages at Willow Creek.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing
and filing with the Clerk a written report in accordance with Section 22565 et seq of the Act; said
Engineer is hereby directed to apportion said assessments in accordance to the benefits
received from said improvements by the lots, pieces and parcels of land within the District, and
said Engineer is hereby directed to accomplish such preparation and filing forthwith.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.7.c
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORT FOR
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1
(SANTA RITA AREA)
WHEREAS, on July 23, 1996, by its Resolution No. 94-96, the City Council initiated
proceedings, and by Resolution No. 115-96, ordered the formation of City of Dublin
Landscaping and Lighting Maintenance Assessment District No. 97-1 (“the District”) pursuant to
the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of
the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, Section 22620 et seq of the Act provides for the levy of annual assessments
after formation of the District; and
WHEREAS, within said District, the existing and proposed improvements, and any
substantial changes proposed to be made to the existing improvements, are generally described
as: street landscape maintenance and utility costs for the Santa Rita development area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing
and filing with the Clerk a written report in accordance with Section 22565 et seq of the Act; said
Engineer is hereby directed to apportion said assessments in accordance to the benefits
received from said improvements by the lots, pieces and parcels of land within the District, and
said Engineer is hereby directed to accomplish such preparation and filing forthwith.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.7.d
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORT FOR
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AREA
AND TRACTS 7067, 7856, 8024, 8073, 8074)
WHEREAS, on March 16, 1999, by its Resolution No. 37-99, the City Council initiated
proceedings, and by Resolution No. 153-99, ordered the formation of City of Dublin Street
Lighting Maintenance Assessment District No. 99-1 (“the District”) pursuant to the provisions of
the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California
Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, Section 22620 et seq of the Act provides for the levy of annual assessments
after formation of the District; and
WHEREAS, within said District, the existing and proposed improvements, and any
substantial changes proposed to be made to the existing improvements, are generally described
as: energy and maintenance work for and to all street lights and acquisition of street lights within
the District boundaries.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing
and filing with the Clerk a written report in accordance with Section 22565 et seq of the Act; said
Engineer is hereby directed to apportion said assessments in accordance to the benefits
received from said improvements by the lots, pieces and parcels of land within the District, and
said Engineer is hereby directed to accomplish such preparation and filing forthwith.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.7.e
Packet Pg. 61
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Fallon Sports Park Phase 2 - Amendment to Agreement for Testing and
Inspection Services
Prepared by: Meghan Tiernan, Facilities Development Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of an amendment to the Agreement between the
City of Dublin and MatriScope Engineering Laboratories to provide additional materials
testing and inspection services for the Fallon Sports Park Phase II project (CIP No.
pk0414).
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment #2 to the Agreement between the City of
Dublin and MatriScope Engineering Laboratories.
FINANCIAL IMPACT:
Adopted in Fiscal Year 2014-2015, the Five-Year Capital Improvement Program
included Fallon Sports Park Phase II project (CIP No. pk0414). The budget for this
project includes an appropriation of $2,405,768 for Contract Services which comprises
Landscape Architectural, Geotechnical, Construction Management, Testing and
Inspection Services for the project. The amount of the proposed amendment is within
the project budget.
Original Contract Amount $34,181.00
Previously Approved Amendment #1 $10,809.00
Proposed Amendment #2 (not to exceed) $32,072.00
Amended Contract Amount $77,062.00
DESCRIPTION:
On April 5, 2016 the City Council awarded a construction contract for the Fallon Sports
Park Phase II project (CIP No. Pk0414). Construction began in May 2016 and is
anticipated to be complete in Fall of 2017. On April 6, 2016, the City entered into an
agreement with MatriScope Engineering Laboratories to provide special inspection and
4.8
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Page 2 of 2
testing services for the construction project. On December 14, 2016 the City amended
the Agreement for a not to exceed amount of $44,900. The project requires additional
special inspection and testing services for light pole bases, structural concrete, and
rebar and steel inspections associated with concrete walls and footings to adequately
complete the construction project. The City now wishes to amend the Agreement for a
not to exceed amount of $77,062 which includes $29,156.00 for additional services and
a 10% contingency.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff report was sent to MatriScope Engineering Laboratories.
ATTACHMENTS:
1. Resolution Approving Amendment #2 to the Agreement between the City of Dublin
and MatriScope Engineering Laboratories
2. Exhibit A to Resolution - Amendment #2 to the Agreement
3. Amendment #1 to the Agreement
4. Original Agreement
4.8
Packet Pg. 63
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND
MATRISCOPE ENGINEERING LABORATORIES FOR ADDITIONAL SERVICES FOR THE
FALLON SPORTS PARK – PHASE 2 PROJECT (CIP NO. PK0414)
WHEREAS, on April 6, 2016, the City of Dublin (“City”), State of California, entered into
an Agreement with MatriScope Engineering Laboratories (“Consultant”) to perform special
inspections and testing services for the Fallon Sports Parks – Phase 2 Project (CIP No.
pk0414); and
WHEREAS, the City approved an amendment to the Agreement on December 14, 2016,
to increase the compensation to a not to exceed amount of $44,900; and
WHEREAS, City and Consultant now desire to increase the compensation to a not to
exceed amount of $77,062.00; and
WHEREAS, Consultant will maintain the rate schedule previously adopted on April 6,
2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Agreement with MatriScope Engineering Laboratories,
which is attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Agreement on behalf of the City Council.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
________________________________
City Clerk
4.8.a
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AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MATRISCOPE ENGINEERING LABORATORIES
WHEREAS, on April 6, 2016, the City of Dublin (hereinafter referred to as
"CITY") and MatriScope Engineering Laboratories, Inc. (hereinafter referred to as
"CONSULTANT") entered into a Consulting Services Agreement for materials testing
services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT has a limited term, expiring on
December 31, 2017; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to amend compensation amend invoicing terms and to amend conflict of
interest language.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with
the following:
2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $77,062.00, notwithstanding any contrary indications that may be
contained in Consultant’s proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Consultant’s proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically
authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by
City to Consultant under this Agreement is based upon Consultant’s
estimated costs of providing the services required hereunder, including
salaries and benefits of employees and subcontractors of Consultant.
Consequently, the parties further agree that compensation hereunder is
intended to include the costs of contributions to any pensions and/or
annuities to which Consultant and its employees, agents, and
4.8.b
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subcontractors may be eligible. City therefore has no responsibility for
such contributions beyond compensation required under this Agreement.
2) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the
following:
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Contract shall be more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for
the first invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be
submitted showing the following:
o Daily logs of total hours worked by each individual
performing work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also
be logged by project assignment
o A brief description of the work, and each reimbursable
expense
A Task Summary containing the original contract amount, the
amount of prior billings, the total due this period, the balance
available under the Agreement, and the percentage of completion;
The total number of hours of work performed under the Agreement
by Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder, as well as a separate
notice when the total number of hours of work by Consultant and
any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The Consultant’s signature.
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced
with the following:
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
4.8.b
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of location, would place Consultant in a “conflict of interest,” as that term is
defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the
previous twelve (12) months, an employee, agent, appointee, or official of
the City. If Consultant was an employee, agent, appointee, or official of
the City in the previous twelve months, Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of Government
Code §1090 et.seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of
California.
Principals and those performing work for City of Dublin may be required to
submit a California Fair Political Practices Commission (FPPC) Form 700:
Statement of Economic Interests documenting potential financial conflicts
of interest. For additional information, proposers should refer to the FPPC
website at www.fppc.ca.gov/index.php?id=500.
5) Except to the extent inconsistent with this First Amendment, the Parties
ratify and confirm all of the terms and conditions of the AGREEMENT.
4.8.b
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment
to be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
MATRISCOPE ENGINEERING LABORATORIES, INC.
Dated: By: _____________________________
Robert Tadlock, General Manager
4.8.b
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4.8.d
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Establishing Designated Parade Routes and Approving St. Patrick’s Day
Parade and Shamrock 5K Fun Run and Walk Road Closures
Prepared by: William Lai, Assistant Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider establishing parade routes for the following annual
events: St. Patrick’s Day Parade, Shamrock 5K Fun Run and Walk, and the Dublin High
School Homecoming Parade. The City Council will also consider approving road
closures for the 2017 St. Patrick’s Day Parade and Shamrock 5K Fun Run and Walk.
STAFF RECOMMENDATION:
Adopt the Resolution Establishing Designated Parade Routes for the St. Patrick’s Day
Parade, Shamrock 5K Fun Run and Walk, and Dublin High School Homecoming
Parade; and adopt the Resolution Authorizing Temporary Street Closures for the 2017
St. Patrick’s Day Parade and Shamrock 5K Fun Run and Walk.
FINANCIAL IMPACT:
There is no financial impact to establish designated parade routes. The St. Patrick’s
Day Parade and Shamrock 5K Fun Run and Walk road closures will be funded by the
St. Patrick’s Day Festival Budget.
DESCRIPTION:
Dublin Municipal Code Section 5.12.070 provides that the City Council shall establish,
by resolution, designated parade routes upon recommendation of the City Manager. As
the routes for the St. Patrick’s Day Parade, Shamrock 5K Fun Run and Walk, and
Dublin High School Homecoming Parade have historically remained the same, the City
Manager is recommending that these routes be formally designated as parade routes.
Organizers, participants, residents, and business owners are familiar with these routes
and associated road closures and are able to better plan for any issues that arise as
part of the parade. These parade routes have been reviewed by Dublin Police Services,
Parks and Community Services, Public Works, and the Fire Chief.
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Designated Parade Routes
St. Patrick’s Day Parade
The parade route starts on Amador Plaza Road, heads east on Dublin Boulevard, north
on Village Parkway, then west on Amador Valley Boulevard to Donohue Drive.
Shamrock 5K Fun Run and Walk
The route starts on westbound Dublin Boulevard at the bridge over the Alamo Canal,
continues west on Dublin Boulevard, north on Village Parkway, east on Amador Valley
Boulevard, south on York Drive, continuing onto Penn Drive, east again onto Amador
Valley Boulevard, south at the Alamo Creek Trail continuing onto the Alamo Canal Trail
and ends near Dublin City Hall.
Dublin High School Homecoming Parade
The parade route starts on Village Parkway just north of Amador Valley Boulevard and
ends just south of Davona Drive.
Attachment 1 is a resolution establishing designated parade routes for the St. Patrick’s
Day Parade, Shamrock 5K Fun Run and Walk, and the Dublin High School
Homecoming Parade. Maps of the routes are included as Exhibit A to Attachment 1.
2017 St. Patrick’s Day Celebration Road Closures
The Dublin St. Patrick’s Day Celebration will be held March 18-19, 2017, and will again
include the Dublin Lions Club St. Patrick’s Day Parade and Shamrock 5K Fun Run and
Walk. The proposed routes for the Parade and Fun Run and Walk are the same as the
last four years and are described in further detail below.
Staff recommends that the City Council adopt a resolution to temporarily close the
streets for both of these St. Patrick’s Day events. California Vehicle Code, Section
21101(e), provides that local authorities may, by ordinance or resolution, temporarily
close a portion of any street under their jurisdiction for “celebrations, parades, local
special events, and other purposes” as long as the authorities determine that the closing
is “necessary for the safety and protection of persons who are to use that portion of the
street during the temporary closing.”
St. Patrick’s Day Parade
The St. Patrick’s Day Parade will be held on Saturday, March 18, beginning at 9:30
A.M. The parade entrants will line up on Amador Plaza Road between Dublin
Boulevard and Amador Valley Boulevard. With some new businesses on Amador Plaza
Road, Staff will be sure to take extra steps to work with the new businesses to ensure
the impacts are understood and minimized where possible.
The parade route starts on Dublin Boulevard at Amador Plaza Road. Parade
participants will head east on Dublin Boulevard, north on Village Parkway, then west on
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Amador Valley Boulevard to Donohue Drive where the parade route ends. The
participants will disperse into the parking lot by the Dublin Senior Center.
The road and lane closures for the St. Patrick’s Day Parade are as follows:
Amador Plaza Road full closure, Dublin Boulevard to Amador Valley Boulevard,
7:00 A.M. to approximately 11:00 A.M.
Westbound lanes on Dublin Boulevard, Amador Plaza Road to Village Parkway,
9:00 A.M. to approximately 11:30 A.M.
Southbound lanes on Village Parkway, Dublin Boulevard to Amador Valley
Boulevard, 9:00 A.M. to approximately 11:30 A.M.
Eastbound lanes on Amador Valley Boulevard, Village Parkway to Starward
Drive, 9:00 A.M. to approximately 11:30 A.M..
During the parade, traffic heading westbound on Dublin Boulevard will detour north on
Village Parkway, west on Amador Valley, then south on Regional Street to Dublin
Boulevard. Traffic heading southbound on Village Parkway will detour either east or
west at Amador Valley Boulevard. Traffic heading eastbound on Amador Valley
Boulevard will detour south on Regional Street, then east on Dublin Boulevard. Traffic
heading south on Donohue Drive will detour west on Amador Valley Boulevard. Traffic
heading north on Amador Plaza Road, south of Dublin Boulevard, will detour either east
or west on Dublin Boulevard.
2017 Shamrock 5K Fun Run and Walk
The Shamrock 5K Fun Run and Walk will be held on Sunday, March 19, beginning at
8:30 A.M. Runners will line up for the start on westbound Dublin Boulevard near the
bridge over the Alamo Canal. They will head west on Dublin Boulevard, then north on
Village Parkway, east on Amador Valley Boulevard, south on York Drive then around
the bend and north on Penn Drive. When the runners meet up with Amador Valley
Boulevard they will head east again, past the Iron Horse Trail to the Alamo Creek Trail
entrance on the south side of Amador Valley Boulevard. The runners will take that trail
to the Alamo Canal Trail then south to the finish line behind the Dublin Library.
The road closures for the Fun Run will be in effect from 7:00 A.M. to 10:00 A.M. and are
as follows:
Westbound Dublin Boulevard from Sierra Court to Village Parkway
Northbound Village Parkway from Dublin Boulevard to Amador Valley Boulevard
Eastbound Amador Valley Boulevard from Village Parkway to York Drive
Southbound side of York Drive and northbound side of Penn Drive
Eastbound Amador Valley Boulevard from Penn Drive to Wildwood Road.
No parking zones will be posted 72 hours in advance along northbound Village
Parkway, eastbound Amador Valley Boulevard, southbound York Drive and northbound
Penn Drive. The portion of the course that is on the trails is not included in the road
closure resolution, as it is approved under a permit from the East Bay Regional Parks
District.
During the Fun Run, westbound Dublin Boulevard traffic will detour north on Sierra
Court, then east on Sierra Lane, north on Dougherty Road, west on Amador Valley
Boulevard and then south on Village Parkway to Dublin Boulevard. Northbound Village
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Parkway traffic will be detoured west on Dublin Boulevard, north on Amador Plaza Road
and then east on Amador Valley Boulevard to Village Parkway. Eastbound Amador
Valley Boulevard traffic will detour south on Village Parkway, then east on Dublin
Boulevard, and north on Dougherty Road to Amador Valley Boulevard. Traffic in the
neighborhoods accessible to York Drive and Penn Drive will have limited ingress and
egress, but residents and visitors will be able to drive on the opposite side of the road
from the Fun Run course. This will be monitored by volunteers as has been done in the
past in the residential areas of the Fun Run. Dublin Police will also patrol the Fun Run
course.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Following City Council’s adoption of the Resolution authorizing temporary street
closures for the 2017 St. Patrick’s Day Parade and Shamrock 5K Fun Run and Walk,
Staff will prepare a direct mailing to all residents and businesses affected by the road
closures.
ATTACHMENTS:
1. Resolution Establishing Designated Parade Routes for the St. Patrick’s Day Parade,
Shamrock 5K Fun Run and Walk, and Dublin High School Homecoming Parade
2. Exhibit A to Resolution: Maps of St. Patrick’s Day Parade Route, Shamrock 5K Fun
Run and Walk Route, and Dublin High School Homecoming Parade Route
3. Resolution Authorizing Temporary Street Closures for the 2017 St. Patrick’s Day
Parade and Shamrock 5K Fun Run and Walk
4.9
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Page 1 of 1
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
ESTABLISHING DESIGNATED PARADE ROUTES FOR THE ST. PATRICK’S DAY PARADE,
SHAMROCK 5K FUN RUN AND WALK, AND DUBLIN HIGH SCHOOL HOMECOMING
PARADE
WHEREAS, Dublin Municipal Code Section 5.12.070 states that the City Council shall, by
resolution, establish designated parade routes within the City, upon recommendation of the City
Manager; and
WHEREAS, the City Manager recommends the designated parade routes shown in the
attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby establish the parade routes shown in the attached Exhibit A as designated parade routes
within the City of Dublin, as required by Dublin Municipal Code Section 5.12.070.
PASSED, APPROVED AND ADOPTED this 7th day of February 2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.9.a
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St. Patrick’s Day Parade Route
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Shamrock 5K Fun Run and Walk Route
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Page 1 of 2
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AUTHORIZING TEMPORARY STREET CLOSURES FOR THE
2017 ST. PATRICK’S DAY PARADE AND
SHAMROCK 5K FUN RUN AND WALK
WHEREAS, the California Vehicle Code section 21101, subdivision (e) provides that the
City Council may, by ordinance or resolution, temporarily close a portion of any street under
their jurisdiction for “celebrations, parades, local special events, and other purposes” when it
determines that the closure is “necessary for the safety and protection of persons who are to
use that portion of the street during the temporary closing”; and
WHEREAS, the City annually celebrates St. Patrick’s Day with a Festival, Parade and
Fun Run; and
WHEREAS, the Parade and Fun Run are held on City streets; and
WHEREAS, the City hereby finds that it is necessary for the safety and protection of
participants in the Parade and the Fun Run to temporarily close City streets as follows:
PARADE
Amador Plaza Road, from Amador Valley Boulevard to Dublin Boulevard
Start: Saturday, March 18, 2017 at 7:00 A.M.
End: Saturday, March 18, 2017 at 11:00 A.M.
Westbound Dublin Boulevard, from Village Parkway to Amador Plaza Road
Start: Saturday, March 18, 2017 at 9:00 A.M.
End: Saturday, March 18, 2017 at 11:30 A.M.
Eastbound Amador Valley Boulevard, from Donohue Drive to Village Parkway
Start: Saturday, March 18, 2017 at 9:00 A.M.
End: Saturday, March 18, 2017 at 11:30 A.M.
Southbound Village Parkway, from Amador Valley Boulevard to Dublin Boulevard
Start: Saturday, March 18, 2017 at 9:00 A.M.
End: Saturday, March 18, 2017 at 11:30 A.M.
FUN RUN
Westbound Dublin Boulevard, from Sierra Court to Village Parkway
Northbound Village Parkway, from Dublin Boulevard to Amador Valley Boulevard
Eastbound Amador Valley Boulevard, from Village Parkway to Wildwood Road
Southbound York Drive and Northbound Penn Drive
Eastbound Amador Valley Boulevard, from Penn Drive to Iron Horse Trail
Start: Sunday, March 19, 2017 at 7:00 A.M.
End: Sunday, March 19, 2017 at 10:00 A.M.
4.9.c
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WHEREAS, the City’s Traffic Safety Committee has reviewed and approved the road
closures and Traffic Control Plan; and
WHEREAS, signs giving notice of the street closures will be posted at all road entrances;
and
WHEREAS, traffic control devices erected by the City to effectuate the road closures will
conform to the uniform standards adopted by the State Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the aforementioned temporary street closures for the 2017 St. Patrick’s Day
Parade and Shamrock 5K Fun Run and Walk.
PASSED, APPROVED AND ADOPTED this 7th day of February 2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.9.c
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement with East Bay Pool Service for Pool Maintenance Services at
the Emerald Glen Recreation and Aquatic Complex
Prepared by: Micki Cronin, Asst. Director of Parks & Community Services
EXECUTIVE SUMMARY:
The City Council will consider a service contract with East Bay Pool Service for pool
maintenance at Emerald Glen Recreation and Aquatic Complex and other pool services
as requested by the City. A Request for Proposals (RFP) was released in December
20, 2016 on the City's online bidding system with East Bay Pool Service emerging as
the sole responder. Staff is recommending a three-year service agreement with East
Bay Pool Service expiring on December 31, 2019, subject to annual appropriation of
funds.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with East Bay Pool Service for Pool
Maintenance Services.
FINANCIAL IMPACT:
The expense for this Agreement annually is $113,140. Costs incurred this Fiscal Year
are included in the current Operating Budget. Expenses that extend beyond this Fiscal
Year will be included future budget cycles.
DESCRIPTION:
Currently, the City contracts for pool maintenance services with East Bay Pool Service
and these services have been used at the Dublin Swim Center. With the anticipated
opening of the Emerald Glen Recreation and Aquatic Complex, Staff issued a Request
for Proposals for general and emergency pool maintenance services inclusive of the
Natatorium, Sports Pool, Slide Tower, and Children’s Splash Zone. Notice was given to
seven known pool maintenance companies about the bid packet and it was advertised
on the City's Bid Posting section of the City website.
4.10
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Page 2 of 2
East Bay Pool Service emerged as the sole responder for the pool maintenance
services. Therefore, Staff is recommending the City enter into an agreement with East
Bay Pool Service to continue providing pool maintenance services to the City. The
Agreement, as drafted, would expire on December 31, 2019.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was distributed to East Bay Pool Service.
ATTACHMENTS:
1. Resolution Approving an Agreement with East Bay Pool Service for Pool
Maintenance Services
2. Exhibit A to Resolution - East Bay Pool Service Agreement
4.10
Packet Pg. 119
ATTACHMENT 1
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AGREEMENT WITH EAST BAY POOL SERVICE FOR POOL
MAINTENANCE SERVICES
WHEREAS, Staff issued a Request for Proposal for general and emergency pool
maintenance services for the Natatorium, Sports Pool, Slide Tower, and Children’s Splash Zone for
the Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, East Bay Pool Service emerged as the sole responder for the pool maintenance
services; and
WHEREAS, East Bay Pool Service is prepared to complete the work outlined in the Scope of
Services; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Agreement with East Bay Pool Service, attached hereto as Exhibit A, for the Emerald
Glen Recreation and Aquatic Complex
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.10.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Mayor's Recommendation for Appointment to Planning Commission
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
At the January 10, 2017 City Council meeting, the City Council approved two of three
recommended appointments to the City's Planning Commission, leaving one vacancy.
The City Council will consider the Mayor’s recommendation for appointment to fill that
vacancy.
STAFF RECOMMENDATION:
Confirm the Mayor’s recommendation of appointment to the Planning Commission or
provide other appropriate direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At the January 10, 2017 City Council meeting, the City Council approved two of three
recommended appointments to the City's Planning Commission, leaving one vacancy.
The City Council will consider the Mayor’s recommendation for appointment to fill that
vacancy. Mayor Haubert has since reviewed previously submitted applications and is
recommending Samir Qureshi to a four-year term on the Planning Commission, with the
term expiring in December 2020.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Application
7.1
Packet Pg. 136
Page 2 of 2
7.1
Packet Pg. 137
From:noreply@civicplus.com
To:CarolineSoto; Walfred Solorzano ; ShariJackman
Subject:Online Form Submittal: Planning Commission Application
Date:Wednesday, November 16, 2016 9:01:42 PM
PlanningCommissionApplication
PlanningCommissionApplication
Date (mm/dd/yy):11/16/16
Name:SamirQureshi
Street Address:5238 Palazzo Dr
City, StateZipCode:Dublin
Phone (home):(925)248-2644
Phone (work):Fieldnot completed.
Phone (cell):(914)255-3785
E-mailAddress:samirq@yahoo.com
Why are you interested
in serving onthe
PlanningCommission?
I want tohelpthe City of Dublin plan accordingly to the needs
to the residentof the city. Weneedtothinkabouthow we
develop thecity asour populationgrows.
What is your
knowledge of and
experience inPlanning
andZoning?
I have served in Zoning board inearly 2000's inthecity of
TomsRiver, NJ. The commissioner job is to work on
CommunityDevelopment Plan.
Doyou have any
experience inurban
design, architecture or
landscaping? If yes,
please describeyour
experience.
Serving on ZoningBoard forfew yearshas givenmethe
experience on the urbandesign
What experience, if
any, doyouhave
serving onboards,
commissions or task
I have served on EnvironmentalCommission inEdison, NJ,
MiddlesexCounty NJ commission, ZoningBoard inToms River,
NJ, Board of Education in Brookfield, CT
7.1.a
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forces? Pleaseexplain.
What do youthink are
themajorconcernsof
Dublinresidents
regarding the City's
buildout?
Over crowding incertainareas, traffic situation, parksandother
recreationalfacilities
Howdoyoufeelabout
making a decision for
the overall good of the
community, but
unpopular withsome
neighbors?
Youhaveto explain why we make a decision that's anoverall
goodforthe community. Most of the time it just needsbetter
communication and involvement. People will understand once
you provide thereasons on whysomething is better forthe
community.
What is themost
importantcontribution
youcanmakeas a
member of the
PlanningCommission?
Havingbeenin commissions inpastbringsvalue to theDublin
PlanningCommission. I also work asVP Sales Strategy and
Operationshaving my own organization of 80+ people so
having a business sense willhelp to drive rightdecision forthe
commission.
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STAFF REPORT
CITY COUNCIL
DATE: February 7, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Overview of Dublin Crossing School Site and Related Negotiations with
Dublin Unified School District
Prepared by: Linda Smith, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will receive an informational report on the history of the Dublin
Crossing school site, including the ongoing discussions with Dublin Unified School
District and provide direction to City Staff.
STAFF RECOMMENDATION:
Receive the report and provide direction to Staff.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On November 5, 2013, the City Council approved the Dublin Crossing Specific Plan
(DCSP) and related entitlements. The DCSP included the construction of up to 1,995
single- and multi-family residential units, up to 200,000 square feet of retail, office,
and/or commercial uses, a 30-acre Community Park, a 5-acre Neighborhood Park, and
a 12-acre elementary school site.
The Dublin Crossing project’s 12-acre school site was intended for use by Dublin
Unified School District for a future school site to accommodate up to 900 students.
After the project’s approval, it became apparent that the District, due to the unavailability
of state bond funds and the state’s failure to authorize Level III fees, lacked the ability to
fund school sites to serve new development. It was also uncertain whether a new local
bond would pass, and no other solutions had been proposed by Governor Brown to
bridge the construction funding gap between the resources local school districts have to
build new facilities to serve growth and the actual costs to build new school facilities.
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In late 2014, City Staff, in an effort to assist the District, approached SunCal to discuss
options for the City to obtain the school site free of charge. At that time, the
Superintendent informed City Staff that both the Jordan Ranch School Site and the
Dublin Crossing School Site needed to be open to serve students by 2018-19 and 2019-
20 respectively.
After much discussion and negotiation, SunCal and the City reached an agreement that
would allow the dedication of the future school site to the City at no cost in exchange for
modifications to project entitlements and monetary concessions. The modifications
required amendments to the General Plan, the Dublin Crossing Specific Plan and the
Development Agreement (but they did not increase the current maximum number of
housing units allowed in the Project).
In exchange for the dedication of the school site to the City, the City conceded the
following to the Dublin Crossing developer:
Concession What it Means Approximate Value
Inclusion of Chabot Creek in
Community Park
Net loss of 1.5 acres of
Community Park
$3.6 million
Elimination of mandatory
commercial square footage at
Arnold Rd. and Dublin Blvd.
Loss of 75,000 square
feet and related taxable
revenue producing lands
$2 million (over a 10-
year period,
minimum)
Removed dedication and
improvement funding
requirement for 5-acre
neighborhood park
Loss of 1 acre
neighborhood park to
community
$4.5 million
Reduced Community Benefit
Payment
Lost revenue to General
Fund
$1.2 million
Total $10.3 million
MOU Negotiation and Extension
Immediately following the City Council’s approval of amendments to the General Plan,
Dublin Crossing Specific Plan, and Development Agreement, the City Council, on May
19, 2015, reviewed and approved a Memorandum of Understanding between the City
and District which set out the general terms under which the City and District would
negotiate a ground lease on the 12-acre school site. The MOU was set to expire 360
days after execution.
The deal terms presented by Staff were as follows:
A long-term, as-is, ground lease whereby the District will lease the school site
from the City for a nominal sum to allow for construction of a school and joint use
facilities.
District construction of a school and joint use facilities on the leased land by
District.
District option to purchase the site from the City at fair market value.
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District maintenance of park site area suitable for use as a park and for
recreational programs and services.
In approving the MOU, the City Council also directed Staff to negotiate a “purchase
requirement” as a part of the lease. The video excerpt of that meeting is attached to
this Staff Report. City Council members expressed the view that the District should
purchase the site if state funds ever became available to do so.
Subsequent to that meeting, the City Manager immediately discussed the purchase
requirement with the Superintendent to ensure it was well understood what the City
Council expected. However, because the City and District were currently negotiating
the Jordan Ranch terms and preparing that item for the City Council and Board of
Trustee action in late 2015, the discussion of the Dublin Crossing School site was
deferred.
On March 29, 2016, the City and the District held a Liaison Meeting – which is
comprised of two City Council members and two District Trustees – to discuss a number
of items, including an update on the MOU for Dublin Crossing. It was at this meeting
that the Superintendent broached the idea of a 10-year option to lease for the site and
that a request would be coming to the City shortly.
Following the meeting, the City Manager spoke with the Superintendent to voice
concerns that the City Council may not be interested in a long and protracted, 10-year
period of time that creates uncertainty about the school use of the site.
On April 20, 2016, the City and the District held another Liaison Meeting and the subject
of the MOU was on that agenda. City staff provided the Liaison Committee with an
update on the City’s position regarding the Ground Lease and specifically regarding the
requirement that the District eventually purchase the site. City staff indicated that the
City Council would be acting on the extension to the MOU at the May 3, 2016 meeting
prior to its expiration.
On May 3, 2016, the City Council extended the MOU term to September 30, 2016 and
included the ability for the City Manager and Superintendent to extend for an additional
90 days (which was subsequently exercised). The staff report had recommended that
the MOU be extended by 18 months, and the District requested a shorter period in order
to encourage the parties to reach agreement quickly.
On Monday, August 29, 2016, the City Manager and Assistant City Manager met with
Superintendent Boozer and Kim McNeely, Executive Director of Facilities, to discuss the
history of this MOU and review the general parameters regarding the lease terms that
the City would be seeking, including a requirement to purchase. Most importantly, Staff
wanted to provide the new Superintendent a fuller account of why the City offered the
site, what concessions the City had to make to obtain the site, what discussions
transpired over the previous year, and highlighting those items that are important to the
City in the lease agreement.
Prior to the September 30, 2016 termination of the MOU, the Superintendent and the
City Manager extended the term to December 30, 2016.
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In October 2016, the City Attorney, acting as the City’s designated negotiator, formally
submitted the City’s response to the District’s proposed option to lease and lease
agreement. The response proposed a two-year option to lease the site (versus the 10
years proposed by the District), a lease term of 55 years, six acres of joint use facilities
at the school site for park/recreation uses outside of school hours, and a requirement
that the District purchase the site within five years of operation. To date, the City has
received no response from the District.
On November 21, 2016, the City and the District held another Liaison Meeting where
the subject of the Dublin Crossing School Site was on the agenda. The respective
representatives discussed the City’s purchase requirement request from the City in the
context of the District applying for State funds to acquire lands and to provide any
monies given by the State to the City as compensation for the land. The District
position was that this request for compensation was not discussed or included in the
MOU. City representatives advised them that this has been a transparent request for
more than a year when the City Council took action on the original MOU and that the
City would be open to different ways of achieving the City’s objectives from the
purchase requirement.
In December 2016, the City and the District agreed to extend the MOU term to June
2018.
Analysis and Options to Proceed
As noted above, the City and District have held numerous discussions related to the
MOU, much of the time without consensus as to the terms and conditions of a future
agreement. The City is still awaiting a formal response to the submittal to the District in
October 2016.
City Staff believes that the purchase requirement term is major sticking point between
the District and the City. The current position of the City Council is if the District is able
to obtain funds from the State for the acquisition of that land, the City should be
compensated for the monetary and land use concessions it had to make in order to
deliver the school site for District use. Recent statements by Trustees made at District
Board meetings and recently at a City Council meeting suggest that the District is not
interested in compensating the City for the land. Thus, the negotiations appear to be at
an impasse.
Staff believes there are two options that the City Council can consider at this time, other
than awaiting the District’s formal response:
1. Defer any discussion or negotiation until the District has concluded its decision
on the future high school site. The high school decision, whether comprehensive
or satellite, and its location and form, will help to clarify funding available through
the local bond, available of State bond dollars, or through the collection of the
Level III fee available. This would inform the City Council if the District has the
financial bandwidth to compensate the City for the value lost.
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2. Establish a Negotiating Committee of the City Council. Appoint two members to
serve as a Negotiating Committee and to work with Staff and the District on
terms and conditions that would be recommended to the City Council. Should
the City Council consider this direction, the City Council would request that the
Board of Trustees appoint two of its members as a Negotiating Committee.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report has been provided to Superintendent Boozer.
ATTACHMENTS:
1. March 17, 2015 - City Council Staff Report re: Dublin Crossing Amendments
2. Video Clip of May 19, 2017 CC Meeting, Item 8.3 Memorandum of Understanding
between the City and the Dublin Unified School District for the Dublin Crossing Project
School Site
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Of D,
i9f
CITY CLERKf882STAFFREPORT
CITY COUNCIL File #420-30
DATE: March 17, 2015
TO:Honorable Mayor and City Councilmembers
FROM Christopher L. Foss, City Manager ir
SUBJECT: General Plan andDublin Crossing Specific Plan Amendment Study Initiation
Request
Prepared by LindaSmith, Assistant City Manager andKristi Bascom, Principal
Planner
EXECUTIVE SUMMARY:
The City Council will consider directing staff to proceed with a proposed transaction with SunCalthatwouldresultinthedeliveryofa12-acre site to theCity free of charge in exchange for
certain land use changes. The Citywould be able touse the site to assist DublinUnified School
District in the acquisition and development of a schoolsite within the Dublin Crossings Project.
If the City Council directs Staff to proceed with the transaction, Staff would commence a
General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5
acre ChabotCreek into the Community Park and increasetheacreagedevoted to Medium
Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General
Commercial/DC Medium-High Density Residential"; and 3) Allow use of the site designated
School" for both school and park purposes. Theproposal would not increasethe totalnumber
of residential units in the Dublin Crossings project area. The project willalso involve
modifications to the Dublin Crossing Development Agreement and a minor technical
amendment to theEastern Dublin Specific Plan boundary to be consistent with the Dublin
Crossing Specific Plan boundary.
FINANCIAL IMPACT:
All costsassociated with preparing the General Planand Specific Plan Amendment Study, if
authorized by the City Council, would be borne by the Applicant. If theproposal moves forward
and the Development Agreement Amendments are approved, the City will forego $1.2 million in
Community Benefit Payments and $2.1 million in park constructionfunding.
RECOMMENDATION:
Staffrecommends that the City Councilprovide its feedback on the negotiated terms with
SunCal and adopt the Resolution Approving theInitiation of a General Plan and Dublin
Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the
Community Park and increase the acreage devoted to Medium DensityResidential by 1.5 acres;
2) Re-designate the 13 acre "Mixed Use" siteto "GeneralCommercial/DC Medium-High Density
Residential"; and 3) Allow use of the site designated "School" for both school and park
purposes.
Page 1 of 4 ITEM NO. 8.1
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Submitted By eviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
Background
Staffs from theCityof Dublin and the DublinUnified SchoolDistrict (DUSD) maintain an ongoing
dialogue regarding population growth, particularly in theEastern Dublin, where DUSDhas future
school sites identified to accommodate its growing student population. In fall2015, DUSD will
open Amador Elementary School in thePositano neighborhood.
The City's General Plan identifies, and DUSD is planning to utilize, two future schools sites: one
located in theJordan Ranch subdivision and onelocated in the future Dublin Crossing project.
Despitethebestefforts of former State Assemblywoman JoanBuchananlast year, a state ballot
measure for school construction was notplaced on the November 2014 ballot, andno solutions
havebeen proposed by Governor Brownto bridge theconstruction funding gap that exists
betweenthe resources local districts have to build new facilities and theactual costs tobuild
new schools. The lack offundingsupport fromthe State means that local school districts, like
DUSD, need to find alternative solutions to thenow-brokenState model that has funded school
construction over the years.
Realizingthe predicament faced by DUSD, City staff has been workingclosely with the DUSD
staff on potential options and ways for the City to assist in bridging the gap between land
acquisition costs, the current development impactfeestructure set by theState, and the need to
provideadequatefacilities for existing students andto accommodate future student populations.
In addition to this proposal which will be outlined below, Staff has also proposed a framework for
the City to provide DUSD a site within theJordan Ranch subdivision, which will be considered
on tonight's agenda. This proposal would likely save DUSD approximately $33 million in land
acquisition costs, which is the current land valuefor the Existing School Site called E-5; and
would free up both current and future development impactfee revenue that could then be used
towards the construction of a new school at this location. In addition, Staff has also been
working on a proposal forthe other remaining school site at Dublin Crossing.
City Staff'sDublinCrossingProposal
The Dublin Crossing project was approved in November 2013. The project allows for the
constructionof up to 1,995 single- and multi-family residential units; up to 200,000 square feet of
retail, office and/or commercial uses; a 30 acre Community Park; a 5-acre Neighborhood Park,
and a 12 acre elementary school site to serve approximately 900 students. Dueto thenature of
the land exchange agreement betweenthe developer, Dublin Crossing Venture LLC (SunCal),
and the Departmentof the Army, it is anticipatedthat the multi-phasedproject will take 8-12
years to construct. According to the project Phasing Planand as identified by SunCal, the 12
acreschool site is in Phase 3 of theproject and should becomeavailable in 2017.
Unfortunately, based on the Governor's stated position that school construction bond funding
willnot be authorized by the State, it is unlikely that DUSD will havethe ability to acquire the
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WINIONMOI
Dublin Crossing school site in the near term, with a current land value of approximately $36
million.
City staff approached SunCal to discuss options for the City to obtain the 12-acre school site in
an effort to assist DUSD. It should be noted that SunCal did notinitiate these discussions, and
SunCal has indicated thatthey are satisfied with their existing entitlements as approved.
After discussion and negotiation, SunCal and City Staff havereached agreement on tentative
deal termsthatwouldallowthe transfer of the future school siteto the City at no cost in
exchange formodifications to the entitlements for the Dublin Crossing project. To summarize,
thenegotiated termsrequire amendments to theDublin Crossing Specific Plan and the Dublin
Crossing Project Development Agreement in the followingareas:
Under the proposal agreed to by City Staff and SunCal, the Specific Plan would be amended to:
Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the
acreage devoted to Medium Density Residential by 1.5 acres
Re-designate the 13 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard
to "General Commercial/DC Medium-High Density Residential", thereby removing the
requirement for both the 5-acre Neighborhood Parksite and a minimum of 75,000 square
feet of commercial development on the site; and
Modify the designation of the 12-acre school siteto allow both school and park uses.
Attachment 1 illustrates the affected parcels in the Specific Plan area.
Underthe proposalagreed to by City Staff and SunCal, the Development Agreement would be
amended to:
Remove the requirement to provide construction funding for a5-acre Neighborhood Park
2.143 million);
Remove requirement for the final Community Benefit Payment ($1.2 million); and
Include language related to the no-cost transfer of theschool site. Details of the transfer
will be further described in the amendments to the Development Agreement.
Minor amendments to General Plan Section 2.5 (Dublin Crossing Planning Area) would also be
needed to ensure consistency with the amended Dublin Crossing Specific Plan. Lastly, a
cleanup itemto theEastern Dublin Specific Plan will update figures to reflect theadopted Dublin
Crossing Specific Plan boundary.
The proposedchanges to the Dublin Crossing Specific Plan and Development Agreement will
result in the delivery of the 12-acre school siteto theCity without increasing the current
maximum number of housing units (1,995) allowed in the project. Staff would propose, if the
City Council concurs, to ground lease the property to theSchoolDistrict at a price to be
negotiated; and similar to the Jordan Ranch project, operatethe facility as a joint School/Park
site. The agreement terms between the City and DUSDremain tobe negotiated and would be
presentedfor City Council consideration at a future date.
The City staff proposals, including the Jordan Ranch proposal and acquisition of the Dublin
Crossing site, have a value to the community of nearly $70 million. The City and DUSD have
had a long standing partnership over the years, howeverthis is the first time that theCity
Council has been asked to consider land use and financial term changes to assist DUSD
through this unprecedentedtime.
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Staff recommends that the CityCouncil provide feedback on the negotiated deal terms with
SunCal and initiate a General Plan and Dublin Crossing Specific Plan Amendment Study. A
draft Resolutionapprovingtheinitiation of the study is included as Attachment 2 to this Staff
Report.
If the City Council opts to initiate the General Plan andDublin Crossing Specific Plan
Amendment Study, Staff will:
1. Prepare amendments to the General Plan, Dublin Crossing Specific Plan, Dublin
Crossing Project Development Agreement, Eastern Dublin Specific Plan, and will
completetheappropriate level of environmental review.
2. Begin negotiations with DUSD regardingthe joint use of the Dublin Crossings school site
and draft a Memorandum of Understanding (MOU) betweenthe City of Dublin and DUSD
to help DUSD obtain the rights to a site to build a school, at minimal cost, while
maintainingtheability of the public to use the site for parks and recreationprograms.
The MOUwill detail the agreement terms for the City Council and the School Board's
consideration at a futuredate.
3. Prepare Staff Reports detailing the.necessary approvals for a recommendation by the
Planning Commission and consideration by the City Council.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Publicnoticing is not required to review a request to initiate a General Plan Amendment Study.
Although not required, theCity mailed notices to all property owners and tenants within 300 feet
of thesubject property. A noticewas also published in the Valley Times and posted in the
designated posting places. A copy of this Staff Reportwas distributed to the Applicant and
Property Owner.
ENVIRONMENTAL REVIEW:
Staff recommendsthat the project be found exempt fromtheCalifornia Environmental Quality
Act (CEQA) under Section 15306, Class 6 of the State CEQA Guidelines because initiation of a
General Plan Amendment study, in and of itself, will not result in disturbance to an
environmental resource.
ATTACHMENTS: 1. Depiction of Proposed Changes to Dublin Crossing Specific Plan
Land Use Map
2. ResolutionApproving the Initiation of a General Plan and Dublin
Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5
acre Chabot Creek into the Community Park and increasethe
acreage devoted to MediumDensityResidential by 1.5 acres; 2) Re-
designate the 13 acre "Mixed Use" site to "General Commercial/DC
Medium-High Density Residential"; and 3) Allow use of the site
designated "School" for both school and park purposes
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Legend Mixed Use
M DC Medium Density Residential School
M DC Medium-High Residential Park
General Commercial/DC Medium-High Density Residential M Open Space
General Commercial/DC High Density Residential Project Area Boundary Allow use of t e site
d es) nakke '” cho 1", 0.r,bath
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RESOLUTION NO. xx-15
A RESOLUTION OF THECITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE INITIATION OF A GENERAL PLAN ANDDUBLIN CROSSING
SPECIFICPLAN AMENDMENT STUDY TO: 1) INCORPORATE THE 1.5 ACRE CHABOT
CREEK INTO THE COMMUNITY PARK ANDINCREASE THE ACREAGE DEVOTED TO
MEDIUM DENSITY RESIDENTIAL BY 1.5 ACRES; 2) RE-DESIGNATE THE 13 ACRE
MIXED USE" SITE TO "GENERAL COMMERCIAL/DC MEDIUM-HIGH DENSITY
RESIDENTIAL"; 3) ALLOW USE OF THE SITE DESIGNATED "SCHOOL" FORBOTH
SCHOOL AND PARK PURPOSES.
APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00.)
WHEREAS, the City Council is considering initiating a General Plan and Dublin Crossing
Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the
Community Park and increase the acreage devoted to Medium Density Residential by 1.5
acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-
High Density Residential"; 3) Allow use of the site designated "School" for both school and
park purposes; and
WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study
would alsoinclude amendments to theDublin CrossingProject Development Agreement and
minoramendments to the Eastern Dublin Specific Plan ensure that there is consistency on
all figures betweenthe boundariesof the Dublin Crossing Specific Plan area and theEastern
Dublin Specific Plan area; and
WHEREAS, the initiationrequest has been reviewed in accordance with the provisions of
the CaliforniaEnvironmentalQuality Act (CEQA) and wasfound to be Categorically Exempt
under Section 15306, Class 6 of the State CEQA Guidelines; and
WHEREAS, a Staff Report was submittedoutlining theissues surrounding the request;
and
WHEREAS, the City Council did hear and consider all such reports, recommendations,
and testimony hereinabove setforth, and supports the initiation of General Planand Dublin
Crossing Specific Plan Amendment Study; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of theCity of Dublin does
hereby approve the initiation of a General Plan and Dublin Crossing Specific Plan
Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park
and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-
designate the 13 acre "MixedUse" site to "GeneralCommercial/DC Medium-High Density
Residential"; 3) Allow use of the site designated "School" for both school and park purposes.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this
17th day of March 2015 by the following vote:
AYES:
7.2.a
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ATTEST:
City Clerk
7.2.a
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Attachment 2: Video Clip of May 19, 2015 City Council Meeting, Item 8.3
Memorandum of Understanding between the City and the Dublin Unified School
District for the Dublin Crossing Project School Site
7.2.b
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