HomeMy WebLinkAbout*CC Agenda 02-07-2006
REGULAR MEETING
Tuesday, February 7,2006,7:00 p.m.
DUBIlN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
t- AGENDA t-
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CALL TO ORDER & CLOSED SESSION (6:30 D.m.J
L CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (b)(l) Facts and Circumstances:
Government Code Section 54956.9, subdivision (b)(3)(B) - CIP Project # 96920
IL CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of Litigation pursuant to Government Code section 54956.9, subdivision c
(3 potential cases)
IlL CONFERENCE WITH LEGAL COUNSEL - EXISTING liTIGATION
Government Code section 54956.9, subdivision (a)
Name of cases: Alameda County Superior Court Case Nos.
City of Dublin v. Angela Gaspare, et al- VG05222845
City of Dublin v. Ralph Gil, et al- VG05241773
City of Dublin v. Tejindar P. Singh, et al- VG05228899
City of Dublin v. Wohlross Associates, et al - VG05238505
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Introduction of New Employees: Taryn Powell, Office Assistant n, Community
Development Department; and Paul S. Rankin, Administrative Services Director (700-10)
3.2 Appointment to Senior Center Advisory Committee (110-30)
The Council will consider the appointment of Jim McCuen to the Senior Center Advisory
Committee to fill the unexpired term (December 2008) of Luis Batiza, who recently resigned.
STAFF RECOMMENDATION: Confirm Mayor's appointment.
3.3 Public Comments
Al this time, the public is permitted to adli"ess the City Council on non-agendized items. Please step to the podium and clearly state YOll" name
for the record. COMMENTS SHOULD NOT EXCEED THREE l3J MINUTES. In accordance with Slate 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 ~ns 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 0lIice 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).
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4. CONSENT CALENDAR
Consent Calendw items are typically non-controversi in nature and are considered for approval by the City Council MIh one single action. Menilers
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 17, 2006.
STAFF RECOMMENDATION: Approve
4.2 Authorization to Solicit Bids - Contract No. 05-14, Freeway Underpass Artwork Lighting,
Phase 2 (600-35)
The painted murals on the walls of the 1-680 underpasses at Dublin Boulevard and Amador
Valley Boulevard were completed in Fiscal Year 2003-2004. During that year, lighting for
the artwork was installed underneath the bridges; however, the portions of the murals that
were painted on the approaches of the bridges were not lit. This project provides for
installation of additional light fixtures on the bridge approaches.
STAFF RECOMMENDATION: Authorize Staff to solicit bids for Contract No. 05-14, Freeway
Underpass Artwork Lighting, Phase 2.
4.3 Authorization to Solicit Bids - Contract No. 06-01, Fiscal Year 2005-2006 Annual Sidewalk
Safety Repair Program and Curb Ramp Installation (600-35)
The Annual Sidewalk Safety Repair Program (remove and replace) repairs sidewalk: offsets of
%-inch or more that may post a tripping hazard. This year's Sidewalk Safety Report Program
will include the construction of approximately five (5) pedestrian curb ramps.
STAFF RECOMMENDATION: Adopt Resolution establishing the City-paid sidewalk safety
repair policy for FY 2005-2006; and authorize Staff to advertise for bids for the FY 2005-2006
Annual Sidewalk Safety Repair Program and Curb Ramp Installation.
4.4 City Manager's Employment Agreement (600-30)
The Agency Negotiating Team (Council members Hildenbrand and McCormick) have met
with the City Manager regarding the terms and conditions of employment and recommended
adjustments to the City Manager's employment agreement and total compensation package.
STAFF RECOMMENDATION: Authorize Mayor to execute agreement.
4.5 Amendment to City's Salary Plan to Add City Manager and City Attorney (700-20)
The City Council will consider amending the City's Salary Plan for Management Personnel
based on adjustments made to the employment contracts for the City Manager and City
Attorney appointments.
STAFF RECOMMENDATION: Adopt Resolution amending Salary Plan.
4.6 Approval of Purchase and Sale Agreement for Real Property at 6500 Dublin Boulevard for
Capital Improvement Program No. 96852 - Dougherty Road Improvements, Houston Place
to 1-580 (600-30)
In order to widen and improve the intersection of Dublin Boulevard and Dougherty Road, it is
necessary for the City to acquire a portion of 6500 Dublin Boulevard. The City Council will
consider approving an agreement for the purchase and sale of this property, as well as
accepting accompanying Grant Deed and Grant of Temporary Construction Easement and
authorizing payment for the property.
STAFF RECOMMENDATION: Adopt Resolution approving the Purchase and Sale Agreement
for a portion of 6500 Dublin Boulevard and accepting the Grant Deed and Grant of Temporary
Construction of said property; and authorize the City Manager to issue a check in the amount of
$1,012,267.20 payable to Chicago Title Company for deposit into escrow.
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4.7 Approval of Parcel Map 8726 (Shamrock Ford, Inc.) (410-40)
Shamrock Ford, Inc., is seeking City Council approval of Parcel Map 8726, which is situated
at the southern terminus of Myrtle Drive just north ofI-580. This Parcel Map subdivides the
existing Shamrock Ford!AutoNation, Inc., lot into two parcels. The subdivision would create
separate parcels for the existing Shamrock Ford! AutoNation and a future retail project.
STAFF RECOMMENDATION: Adopt Resolution approving Parcel Map 8726 (Shamrock
Ford, Inc.)
4.8 Acceptance of Work - Contract No. 04-08A, Village Parkway Sidewalk Widening and
Lighting Improvement (600-35)
Construction of the Village Parkway Sidewalk Widening and Lighting Improvements project
has been completed and it is now appropriate for the City Council to consider accepting the
improvements. This project widened the sidewalk on Village Parkway from Dublin
Boulevard to Amador Valley Boulevard, installed 36 decorative street lights along the
sidewalk, removed existing street lights in the street median, and planted new street trees in
unoccupied tree wells.
STAFF RECOMMENDATION: Accept improvements under Contract No, 04-08A., Village
Parkway Sidewalk Widening and Lighting Improvements; and authorize release of retention
after 35 days if no subcontractor claims.
4.9 Dublin Transit Center Site E-l, Metropolitan at Dublin Station - Stage 2 Planned
Development Rezoning and Development Agreement, PA, 05-042 (600-60/410-30)
D.R. Horton, Inc., is proposing to construct a multi-family residential condominium
community of 300 units and + 15,000 square feet of ground floor retail on +4.1 net acres of
land within the Dublin Transit Center project on Site E-l, which is located less than one-
quarter mile from the Dublin/Pleasanton BART Station in eastern Dublin. This is the second
reading of two proposed Ordinances which will approve a Stage 2 Planned Development
Zoning and a Development Agreement between the City of Dublin and D.R. Horton, Inc.
STAFF RECOMMENDATION: Waive second reading and adopt Ordinance approving Stage
2 Planned Development Zoning for Dublin Transit Center Site E-l, Metropolitan at Dublin
Station; and waive second reading and adopt Ordinance approving a Development Agreement
between City of Dublin and Western Pacific Housing (doing business as D.R. Horton) for Dublin
Transit Center Site E-l, Metropolitan at Dublin Station.
4.10 Amendment to Consultant Services Agreement with Associated Engineering Consultants,
Inc., for Construction Inspection Services (600-30)
The City entered into an agreement with Associated Engineering Consultants, Inc., on August
2, 2005, to provide a temporary contract public works inspector. Due to heavy workload
demands, the City Council will consider amending the contract to provide for an additional
500 hours of time for the remainder of Fiscal Year 2005-2006.
STAFF RECOMMENDATION: Adopt Resolution approving the amendment to the Consultant
Services Agreement with Associated Engineering Consultants, Inc., increasing the not-to-exceed
amount from $82,000 to $123,000.
4.11 Warrant Register ($2,588,897.59) dated February 7, 2006 (300-40)
STAFF RECOMMENDATION: Approve
5. WRITTEN COMMUNICATIONS - None
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6. PUBLIC HEARING
6.1 Adoption of Ordinance Amending the Loitering Provisions of the Dublin Municipal Code
(585-25)
The current City Ordinance pertaining to loitering requires revision to assure the City's
Ordinance meets current constitutional standards.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE Ordinance amending Chapter 5.04 of the Dublin Municipal Code, and continue
matter to the February 21,2006, Council meeting.
7. UNFINISHED BUSINESS
7.1 Dublin Historic Park Master Plan Preferred Alternative (920-30)
The City Council will consider revisions to the Full Site Plan for the proposed Dublin Historic
Park that was previously presented to the City Council in October 2005.
STAFF RECOMMENDATION: Receive presentation; approve revised Full Site Plan - OR-
provide alternative direction; and provide direction on completion of Master Plan.
7.2 Final Report for the Recreational and Civic Facilities Assessment for the Camp Parks
Project Area (420-20)
At previous meetings, the City Council discussed possible future park and public facilities in
the Camp Parks Project Area, which consists of 187 acres of property that the Army is
considering for private development. The City Council will receive the final report,
"Uniquely Dublin: A Vision for a Community Place," and recommendations of Advisory
Committees and Commissions on designing a unique park space for the Camp Parks Project
Area.
STAFF RECOMMENDATION: Consider information contained in Report, as well as input
from advisory bodies and take the following action: 1) evaluate whether a theme concept should
be pursued; 2) if so, determine whether one of the original three themes is acceptable or whether
some combination of the theme elements is desirable; and 3) determine desired acreage number
for transmittal to the U.S. Army.
7.3 Requests for Proposals for Financial Advisor and Public Opinion Research Firm (600-30)
At its November 18,2005, Park and Recreation Facility Planning Workshop, the City Council
received a presentation regarding the feasibility of developing a state of the art
Recreation/Aquatic Complex in Emerald Glen Park and the expansion of the Historic Park
adjacent to the City's existing Heritage Center. The City has not identified a source of
revenue for this project. At the Workshop, the Council directed Staff to conduct a survey of
voters to determine the level of community support for either an increase in the ad valorem
property tax or the establishment of a parcel tax to fund these facilities. In order to conduct a
statistically valid survey, it is necessary to retain the services of a public opinion research
firm. In order to develop appropriate survey questions, it is necessary to secure the services
of a financial advisor to develop tax revenue estimates.
STAFF RECOMMENDATION: Consider options regarding the Recreation/Aquatic Complex
and Historic Park and provide direction to Staff.
8. NEW BUSINESS
8.1 St. Patrick's Day Parade Float (950-40)
The City Council will consider options for entry of a City Council float in the 2006
St. Patrick's Day Parade to be held on Saturday, March 18, 2006.
STAFF RECOMMENDATION: Provide direction to Staff regarding parade float entry.
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8.2 Report on Status of Open Space Plan (420-20)
In response to a City Council high priority objective, Report on Status of Open Space Plan,
Staff will present an overview of the land acquisition related to the Dublin Hills Regional
Park and Calaveras Ridge Trail in the Western Dublin Extended Planning Area.
STAFF RECOMMENDATION: Receive report.
8.3 Dougherty Hills Park - Dog Park (920-20/600-30)
As approved in the 2004-2009 Capital Improvement Program, the preparation of the final
design and construction documents for Dougherty Hills Park - Dog Park is scheduled to
commence in Fiscal Year 2005-2006 with construction to follow in Fiscal Year 2006-2007.
In order to proceed, Staff prepared a conceptual park design that will be presented for further
input from the public and City Council. Once input on the conceptual design is received, in
order to commence with preparation of final design and construction documents, it is
necessary to secure the services of a licensed landscape architect. Staff recommends
contracting with Paul Niemuth and Associates.
STAFF RECOMMENDATION: Approve Final Conceptual Park Design or provide additional
direction; and adopt Resolution approving Agreement with Paul Niemuth and Associates.
8.4 Proposal for Compliance with the Ethics Training Requirement Set Forth in AD 1234
(640-45)
At its December 20, 2005, meeting, the City Council adopted Resolution No. 31-05,
complying with the reimbursement requirements of AB 1234, which became effective
January 1,2006. AB 1234 also imposes a new ethics training requirement for local officials.
The Staff Report discusses the City's obligations with respect to the ethics training
requirement and recommends a proposal for compliance with the requirement.
STAFF RECOMMENDATION: Approve ethics training set forth in AB 1234 for the City
Council in December 2006 or provide Staff with additional direction; Approve inclusion of the
Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts
Commission, Senior Center Advisory Committee, Youth Advisory Committee and any other
City Commissions in the ethics training along with City Council in December 2006 or provide
Staff with additional direction; and designate City Manager, City Attorney and designated
positions listed in the Dublin Municipal Code, Chapter 2.24, Section 2.24.020 to receive the
ethics training along with City Council in December 2006 or provide Staff with additional
direction.
8.5 League of California Cities Call for Action on the Telecommunications Revolution Impact
to Cities (600-40)
The City Council will discuss the League of California Cities recent call for action to all cities
regarding the telecommunications revolution and its impacts to cities. Due to advances in
technology, local telephone companies now have the capability to provide cable television-
like services over their existing phone lines with some minor modifications. Each telephone
corporation is approaching this differently and many are refusing to enter into cable franchise
agreements with local franchising authorities. The League of California Cities is seeking
legislation which would support the continued authority of local government to franchise
cable services providers and opposing legislation and regulatory efforts to divest local
government of that authority.
STAFF RECOMMENDATION: 1) Approve the proposed National Association of
Telecommunications Officers and Advisors (NATOA) template and direct Staff to distribute
City's comments to the Federal Communication Commission (FCC) by February 13, 2006;
2) Approve letter prepared by the League of California Cities that would be sent to the City of
Dublin's legislators and direct Staff to prepare those letters for City Council's signature and
distribution; and 3) Approve proposed Resolution supporting the continued authority of local
government to franchise cable services providers and opposing legislation and regulatory efforts
to divest local government of that authority.
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9. OTHER BUSINESS
9.1 Brief INFORMATION ONLY reports from Council and/or Staff, including Committee
Reports and Reports by Council related to Meetings Attended at City Expense (AD 1234).
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 D.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.
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city Council Meeting # 707 Agenda Printed 2/2/2006 3:43:38 PM
Mission
The City of Dublin promotes and supports a high quality of life that ensures a sqfe and secure environment, fosters new
opportunities and provides responsive fair treatment to our diverse community
Vision
Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grows, it will balance history
with progress, to sustain an enlightened, economically balanced and diverse community.
Dublin, with its distinctive place in the region, highlights culture, diversity and civic stewardship to create a broad mosaic. This
mosaic is enriched by the integrating of cultures, races and economic diversity into villages and neighborhoods -forming a
common network that welcomes both residents and businesses alike; supporting the efforts and achievements of all.
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