HomeMy WebLinkAbout*CC Agenda 01-20-2004 Tuesday, January 20, 2004, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
AGENDA
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II I II I I II [ I I I I Ill
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TO ORDER & CLOSED SE.SSI. ON (6.30 n.m.)
1. CONFERENCE WITH LEGAL COUNSEL - ANTk;IPA TED Litigation - Significant exposure to litigation
pursuant to Government Code Section 54956.9, subdivision b (1): ONE potential case Facts and
Circumstances: Government Code Section 54956.9, subdivision b (3) (B) (November ~8, 2003 letter from
Anna C. Shimko, Cassidy Shimko Dawson to Mayor and Councilmembers and October 2f, 2003 letter from
Dublin Investors to Mayor and Councilmernbers regarding adoption of urgency moratorium ordinance).
1. CAIJ. TO 0 ,RDER,& PI,EDGE OF AI,LEG!ANCE TO.TIIE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL cOMMUNI, CATIONS
3.1 Presentation on the Lease-Purchase Home Ownership Program by representative of the
Association of Bay Area Governments (ABAG) (File # 430-80)
This program, administered by California Home Source, assists with home purchases to
lower-income households by purchasing the home for them and providing a leasing
arrangement that transitions into ownership in 39 months.
STAFF RECOMMENDATION: Receive Presentation.
3.2 Presentation and live demonstration of the www. Calooos.or~ Website (File # 150-30)
Calopps is an employment Website exclusively for use by public employers in Northern
Califomia~ Charter member agencies in this consortium include: the Cities of Belmont,
Burlingame, Dublin, Foster City, Livermore, San Bruno, San Carlos, San Leandro, San Mateo
and the Town of Los Gatos.
STAFF RECOMMENDATION: Receive presentation by Mr. Audrey Daniels, Foster City
Human Resources Director.
3.3 Public Comments
At this time, the public is permitted to address the City Council on n0n-agendizecl items. Please step to the podium and clearly state
your name for the record. COMMENTS SHOULD NOT E~C~-,,L~D THREE'(3) MINUTES... In accordance with State Law, no action
or discussion may take place on any item riot appearing on the posted agenda. The Council may respond to statements made or
questions asked, or may request Staff to report back at a futura 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
Conse"nt Calendar'items are typically non.controversial in nature and are considered for approval by the City
Council with one single action. Members of the audience, Staff or the City Council who would like an item
removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.
4.1 Minutes of Regular Meeting of January 6, 2004
STAFF RECOMMENDATION: Approve
4.2 Consultant Services for Geotechnical Testing, Dublin Senior Center (File ti 600-30)
The City has solicited requests for proposals for Geotechnical testing services for the Dublin
Senior Center. Berlogar G~otechnical Engineers has provided ongoing testing for the City on
past projects and provided the City with the qualifications that were most closely suited to the
City's requirements and the projects.
STAFF RECOMMENDATION: Adopt Resolution, approving Agreement with Berlogar
Geotechnical Engineers not to exceed $24,050.
4.3 Consultant Services for Engineering Testing, Dublin Senior Center (File # 600-30)
The City has solicited requests for proposals for engineering testing services for the Dublin
Senior Center. RES engineers has provided ongoing testing for the City on past projects and
provided the City with the qualifications that were most closely suited to the City's
requirements and the projects.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement with RES Engineers
not to exceed $23,548.
4.4 Acceptance of Traffic Signal improvements at FaHon Road/Kingsmffi Terrace/Signal Hill
Drive and Failon Road/Turnberry Drive associated with Tract 7252, Dublin Ranch, Area A
(Toll CA II, LP) (File # 600-60)
As part of the development of Dublin Ranch Area A, the Developer completed two muefic
signals for Tract 7252 at the intersections of Fallon RoadTKingsmill Terrace/Signal Hill Drive
and Fallon Road/Tumberry Drive. Because the improvements are now complete, it is
appropriate to accept the signals for maintenance and release the bonds that guarantee the
work.
STAFF RECOMMENDATION: Adopt Resolution accepting traffic signal improvements.
4~5 Authorization to Solicit Bids, Contract 0403, 2003-04 Annual Sidewalk Safety Repair
Program and Curb Ramp Installation (File # 600-35)
The Annual Sidewalk Safety Repair Pro,am (Remove and Replace) repairs sidewalk offsets
of ~A" or more that may pose a tripping hazard.
STAFF RECOMMENDATION: Adopt Policy Resolution establishing the City-paid sidewalk
safety repair policy for FY 2003-04 and authorize Staff to advertise for bids.
4.6 .Approve "No Parking" Zone on Eastbound Dublin Boulevard East of Civic Plaza
(File # 570-20)
With the recent widening of Dublin Boulevard to 6 lanes between Village Parkway and Sierra
Court/civic Plaza, a merge lane was created on eastbound Dublin Boulevard east of Civic
Plaza to allow traffic in this direction to merge into two lanes. Staff recommends that the
existing red curb prohibiting parking within the merge area be extended by 125' to
accommodate traffic safety.
STAFF RECOMMENDATION: Adopt Resolution approving "No Parking" Zone
4.7 Resolution Denying Bischoff Appeal of Determination regarding Vicious Dog "Buddy"
(File # 50040)
Michael Bischoff, on behalf of the Bischoff family, appealed the determination that the dog
"Buddy" is a vicious dog and should nOt be returned to his owner, Robert BiSChoff. The City
Council, at its January 6, 2004 meeting, heard Michael Bischoffs appeal pursuant to Dublin
Municipal Code §5.36.080, which provides that any person aggrieved by an administrative
decision pursuant to §5.36, may appeal the decision to the City Council. The Council, by a
"straw" vote of four with one absence, voted to deny the appeal.
STAFF RECOMMENDATION: Adopt Resolution making findings and den~qng appeal.
4.8 Final Budget Changes for FiScal Year 2002-03 (File # 330-20)
The C,~/Coumc~ ~!I consider recommended budget changes as part of the closing of the
City's financial records for FY 2002-03.
STAFF RECOS~AENnDAT!ON: Approve Budget Changes.
4.9 Final Financial Report for Fiscal Year 2002-03 (File # 330-50)
STAFF RE~OM~.~NrDAT!ON: Receive Re~s.
4.10 Annual Audit Report for Fiscal Year 2002-03 (File # 310-30)
The City of Dublin has compiled and published its Comprehensive Annual Financial Report
(CAFR), for Fiscal Year ending June 30, 2003. This report includes financial statements
prepared by Vavrinek, Trine, Day & Co. (VTD), the independent auditors selected by the City
Council.
STAFF RECOMMENDATION: Receive Report and confirm reservations'of Fund Balances for
FY 2002~03.
4.11 Approval of an Amendment to Improvement Agreement with the Lin Family for the Fallon
Road North ]Extension from Dublin Ranch, Area A to the Lin's Northern Property Line
(File # 600-60)
As a Condition of Approval for Dublin Ranch, Area A, the Developer is required to construct
Fallon Road to the north property line of the development. It is proposed to amend the
improvement Agreement to include a bonding entity, increase the bond amount for labor and
materials, extend the construction period, allow the construction of the northernmost portion
of the road to be delayed, and clarify insurance requirements.
STAFF RECOMMENDATION: Adopt Resolution approving First Amendment to
Improvement Agreement.
4.12 Status Report for an Urgency Ordinance for the area located along Dublin Boulevard,
extending westerly of Donlon Way approximately 400 feet and easterly of San Ramon Road
approximately 950 feet, and extending approximately 625 feet north and 700 feet south of
such stretch of Dublin Boulevard PA 02-074 (File # 910-40)
This is a written report that describes the measures taken to alleviate the condition which led
to the adoption of the Urgency Ordinance within the Historic Area.
STAFF RECOMMENDATION: Receive report and issue Agenda Statement as a written report
describing the measures taken to alleviate the urgency condition within the Historic Area.
4.13 Warrant Register ($1,502,852.16) dated January 20, 2004 (File # 300-40)
STAFF RECOMMENDATION: Approve
5. WR!. TTEN COMMUNICATIONS - None
6. PUBLIC HEARING,
6.1 Amendment to the Dublin Municipal Code (DMC) to allow dogs to run without a leash in
any area designated as a dog run by the City Manager, including the Bray Commons dog
run, which is currently under construction (File # 500-20)
Bray Commons, which is currently under construction, will include an off-leash dog mn. The
park is anticipated to open in June 2004. Currently, the DMC prohibits dogs from running at
large in public places, including parks, Thus, the DMC needs to be amended to allow dogs to
run without a leash in any area designated as a dog run by the City Manager.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading ami
INTRODUCE Ordinance.
6.2 Amendments to the Dublin Municipal Code (Zoning Ordinance) PA 03-052 (File # 450-20)
This is the second reading of an Ordinance amending the following Chapters of the Zoning
Ordinance for clar~eation and internal consistency: Chapter 8.08.020, Definitions; Chapter
8.40, Accessory Structures and uses Regulation; Chapter 8.64, Home Occupation Regulations;
and Chapter 8.1 t 6, Zoning Clearance.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt
Qrdinance.
6.3 One Year Extension of the Interim Urgency Ordinance on the approval of permits for development
in the Dublin Heritage Historical District Area pending the completion of a Specific Plan for the
area located along Dublin Boulevard extending westerly of Donlon Way approximately 400 feet and
easterly of San Ramon Road approximately 950 feet, and extending approximately 625 feet north
and 700 feet south of such stretch of Dublin Boulevard PA 02074 (File # 910-40)
Pursuant to the requirements of State Law, this item would extend the moratorium on
development approvals for a period not to exceed 12 months.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and ADOPT
proposed Urgency Ordinance extending the moratorium for one-year to January 20, 2005 with the
following modifications: continuing the existing restrictions of the moratorium in effect within the
Primary Historic Core Area boundary focused around Donlon Way and reducing the restrictions within
the Peripheral Historic Area to permit the issuance of permits that would not result in exterior
improvements (Alternative 1). Alternatively, the City Council may take one of three actions: a) Waive
the reading and adopt proposed urgency Ordinance extending the moratorium for one year to January 20,
2005 modified to apply only within the Primary Historic Core Area (Alternative 2); or b) Waive the
reading and adopt proposed Urgency Ordinance extending the moratorium ordinance adopted on October
7, 2003 and extended on November 18, 2003, without modifications, for a one year period that ends
January 20, 2005 (Alternative 3); or c) Take no action, which would result in the moratorium ordinance
expiring by its own terms on January 22, 2004.
7. UNFINIS!-!ED BUSINESS - None
s. NEW BIJSm, SS,
8.1 Letter regarding BART Link to San Francisco International Airport (SFO) (File # 1060-30)
At the January 6, 2004 City Council meeting, Cm. McCormick requested that Smffprepare a letter
opposing the San Francisco BART District's decision to eliminate direct access to SFO from the
Dublin/Pleasanton BART station.
STAFF RECOMMENDATION: Consider draft letter and take appropriate action.
8~, ' St. Patrlck's~Day Parade Float (File # 950-40)
The City Council will discuss and consider alternatives for the 2004 St~ Patrick's Day Parade float.
STAFF RECOMMENDATION: Provide appropriate direction to Staff.
83 California Park & Recreation Society (CPRS) Award of Excellence - Trail Trekker Program File #
150.20)
The City of Dublin has been selected as a 2003 CPRS Award of Excellence winner in the 9wards
category of Recreation/Community Services - Personal Development, Health/Wellness for the Trail
Trekker Program in the population category of 20,001 - 50,000. The award will be presented at the
CPRS Awards & Installation Banquet during the 56~ Annual California and Pacific Southwest
Recreation and Park Training Conference in Anaheim.
STAFF RECOMMENDATION: Determine whether a representative of the City Council will attend the
banquet on Friday, March 12~ to accept the award:
8.4 Fiscal Year 2003-04 Goals & Objectives Status Report & CIP Schedule (File # 100-80)
Staffhas prepared a report apprising the Council of the status of the FY 2003-04 Goals & Objectives
as of December 31, 2003, as well as a schedule for the City's Capital Improvement Program indicating
estimated project start and completion dates.
STAFF RECOMMENDATION: Receive Report
9. O!}mRmJsm! ,S.S
9.1 Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports
10. AOjO rr
Ifrequested, this agenda shall be made available in appropriate alternative formats to persons with a disability, as
required by Section 202 of the ~4mericans with DisabtTities ~4ct of 1990 (42 U.S.C. Section 12132), and the federal
rules and regulations adopted in implementation thereof. To make a request for disability-related modification or
accommodation, please contact the City Clerk's Office (925) 833-6650 at least 72 hours in advance of the meeting.
City Council Meeting # 641 Agenda Printed 1/15/2004 2:43 PM