HomeMy WebLinkAbout*CC Agenda 06-06-2006
REGULAR MEETING
Tuesday, June 6, 2006,7:00 p.m.
DUBUN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
. AGENDA .
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CALL TO ORDER & CLOSED ~ESS/ON {6:30 D.m.'
I. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
Government Code section 54956.9, subdivision a
Name of case: City of Dublin v Stover et ai, Alameda Superior Court NoVG06264764
II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code section 54956.8
Property' 6500 Dublin Blvd., Dublin
Agency negotiator' City Manager
Negotiating parties: Larry Plisskin
Under negotiation: Holdover agreement (rental agreement)
III. PERSONNEL - Government Code Section 54957 6(a) - Conference with Agency
Labor Negotiator Richard Ambrose, City Manager - Unrepresented City Employees:
Assistant City Manager City Engineer
Mninlstrative Analyst II Adminlstratiw Aida
Assistant Civil Engineer Administrative Analyst I
Associate Civil Engineer Administrative Technician
Associate Planner Assistant Planner
Rooraation SupelVlsor Community Safety Assistant
Senior Administrative Analyst Engineering Technician I
Senicr Civil Engineer Engineering Technician II
Senior Planner Finance T oohnidan I
Administrative Seivioas DilllCtor Finance Technician II
Assistant to the City Manager Heritage Canter Director
Buiking Official Permit Technician
City Clerk Oflica Assistant I
Community Development DilllCtor Otfice Assistant II
Economic Devalopment Director PreschoollrlStiuctor
Finance Manager Public Works lnapactor
Infoonalion Systems Manager Recreation Coordinator
Perks & Ccrnmurity Services Director Recreation Technician
Perks & Facilities Development Manager Secretary
Planning Manager Secretary to the City Manager/Deputy City Clerk
Publio Works Diraclor/Assistant City Engineer Senior Fil1llllCEl Technician
Housing Specialist Sanior Oflica Assistant
Parks & Community Services Manager Sanior Building Inspector
Parks & Facll~ies Developmant Coordinator Heritage & C,jlural Arts $~sor
Geographic Information System Coordinator Information Systems Techrician I
Code Enforcement Officer Infonnation Systems Technician II
Senior Plan Checker
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IV PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code section 54957
Title' City Attorney
V CONFERENCE WITH LABOR NEGOTIATORS
Government Code section 54957
Agency designated representatives: Mayor Lockhart and Council member Hildenbrand
Unrepresented employee: City Attorney
1. (:~f.l, TQ ORDER & PLEDGE QF A I.I.EGIANCE TO THE FLAG
2. REPORT OF CLOSE,!;) ~E~SION ACTION
3. 9RAL CO~JCAnONS
3.1 Report on 2006 Dublin Pride Week Activities and Recognition of Poster Contest Winners
and Dublin Pride Partners (ISO-SO)
The City Council will receive a synopsis of activities accomplished during the 2006 Dublin
Pride Week Event and recognize those members of the community who contributed to its
success.
STAFF RECOMMENDATION" Receive report and fonnally recognize poster contest winners
and Dublin Pride Partners,
3.2 Appointment of Tenant Commissioners to the Dublin Housing Authority (110-30)
The Dublin Housing Authority (DHA) was created by the City to oversee the operation of the
Arroyo Vista housing project. In accordance with State law, the DHA Board is comprised of
the City Council and 2 Tenant Commissioners, one of whom must be over the age of 62.
Mayor Lockhart recommends the reappointment of Ramona Frydendal and the appointment
of Laurianne Behrens as Tenant Commissioners with terms ending on May 31, 2008
STAFF RECOMMENDATION: Adopt ~ollltioD appointing Tenant Commissioners.
3.3 Appointment of Dublin Member to LA YTA's WHEELS Accessible Advisory Committee
(W AAC) (110-30)
The WAAC is an advisory committee to the Livermore Amador Valley Transit Authority
(LA VT A) Board of Directors on matters regarding the usability of the WHEELS bus system,
Each member agency appoints two regular members and one alternate to this committee. At
this time, Mayor Lockhart recommends the appointment of current W AAC alternate Shawn
Costello for a two-year term (expiring June 2008) as one of Dublin's member representatives,
Mr. Costello's appointment to full membership status will leave the alternate member seat
vacant. There are no applicants to fill the vacancy at this time,
STAFF RECOMMENDATION: Confirm Mayor's appointment of Shawn Costello as a member
with a 2-year term expiring in June 2008
3.4 Appointments to Housing Committee as a Two-Year Pilot Program (110-30)
At its March 21, 2006 meeting, the City Council established a Housing Committee as a two-
year pilot program. At that time, the Council determined that the Committee should be
comprised of 2 members from the housing/development community, 2 members from the
Dublin business community, and 3 members from the Dublin residential community At this
time, Mayor Lockhart recommends the appointments of: HousinglDevelopment
Representatives Kathy Avanzino and Dale Garren; Dublin Business Representatives Ronald
DeDiemar and Steve Murdock; and Dublin Resident Representatives Lynn Locke, Christine
Kaehuaea, and Mary Rose Parkman,
STAFF RECOMMENDATION' Confirm Mayor's appointments to the Housing Committee
with 2-year terms expiring in June 2008, after which time the Council will evaluate the pilot
program.
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3.5 Public Comments
At thl8 time, the plbIic is permitted to adctess the City Council on non-agendzed Items, Please step to the podlJll and cleally
stata your name for the record, COMMENTS SHOULD NOT EXCEED THREE (3J MINUTeS, In accordanca with State Law, no
action or dscussion may taka place on any ltarn not swearing on the posted agenda. The Council may I'8SflOl1d to statements
made or questions esked. or may request Staff to report back at a future mooting oonceming the mattar hrf member of the
plbllc may contact the City CIel1I's OIl1ce reletad to the proper proceo1Jre to place an ltarn 00 a Mure City Council agenda, The
exceptioos under whioh tha City Council MAY dlscull$ and/or take action on itams not appearing on the agenda are contained in
Government Coda Section 54954,2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar ItflIIl8 are typcaIly non-oontrovarslalln naIIn and are oonsldared for approval by the City Council with l1I16 $Ingle
action, Mambars of the audence, Staff or tha City Council who woukllika an item removed from tha consent Calendar for purposes of
plbIic iil'Ul may f8(Jl8SI the Mayor to I'8IT1OW the item.
4.1 Minutes of Regular Meeting of May 16,2006.
STAFF RECOMMENDATION Approve
4.2 Approval of Lease-Back Agreement for Land in Right.of-Way Acquisition at 6~OO Dublin
Boulevard Associated with the Dougherty Road Improvements - Houston Place to 1.580
Project (600-30)
In order to widen and improve the intersection of Dublin Boulevard and Dougherty Road, it
was necessary fur the City to acquire a portion of 6500 Dublin Boulevard (Dublin Station
Commercial Center). The City Council will consider approving an Agreement with the
property owners to allow utilization to continue until the City requires physical possession for
the commencement of street widening work.
STAFF RECOMMENDATION Adopt Resolution approving Agreement to Assign Exclusive
Right to Possession and Use.
4.3 Approval of Consultant Services Agreement for FY 2006-07 with Associated Engineering
Services, Inc., for Construction Inspedion (600-30)
The Public Works Department is in need of a temporary contract construction inspector to
assist the City's three Staff Inspectors with their current workload. The engineering
consultant firm of Associated Engineering Consultants, Inc., will provide a contract inspector
for up to 2,000 hours between June 2006 and June 2007
STAFF RECOMMENDATION' Adopt Resolution approving Agreement with Associated
Engineering Consultants, Inc.
4.4 Approval of Amendment to Agreement with RBF Consulting for Engineering Services
(600-30)
RFB Consulting has provided the City with general civil engineering and land surveying
services since 2003, primarily associated with active land development and Capital
Improvement Program projects. As provided by the current two-year agreement with the
City, a rate increase is being required for Fiscal Year 2006-07, which is the second year of the
agreement.
STAFF RECOMMENDATION: Adopt Resolution approving Amendment to Agreement with
RBF Consulting.
4.~ Approval of Amendment to Agreement with PERMCO Engineering and Management for
Engineering Services (600-30)
PERMCO Engineering and Management has provided project management and design
services to the City since 2000, primarily in the area of management and design services for
Capital Improvement Program projects, such as the Annual Overlay and Slurry Seal. The
City Council will consider extending the contract for an additional two-year term and granting
a rate increase fur FY 2006-07
STAFF RECOMMENDATION: Adopt Resolution approving Amendment to Agreement with
PERMCO Engineering.
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4.6 Approval of Amendment to Agreement with Zumwalt Engineering Group for Engineering
Servltes (600-30)
Zumwalt Engineering Group has provided the City with general civil engmeenng services since
1997, primarily for private development review and plan checking. The City Council will
consIder extending the contract for an additional two-year term and granting a rate increase for
FY 2006-07
STAFF RECOMMENDATION: Adopt Resolution approVIng Amendment to Agreement WIth
Zumwalt Engineering.
4.7 Acceptance of Work - Contract No. 0S-02, Emerald Glen Park - Phase In t600-35)
The Emerald Glen Park Phase ill Project included construction of group picnic area, restrooms,
two regulation sizes soccer fields, two bocce ball courts, cricket pitch, children's play area, mmi-
arboretum along the western park edge, parking and street frontage improvements. Work on the
project is now complete and is ready for acceptance by the City
STAFF RECOMMENDATION: Authorize City Manager to accept final improvements for Contract
No. 05-02; adopt Resolution accepting completed facility improvements; and authorize Staff to
accept maintenance bond in the amount of $364,053 at a future date.
4.8 Authorization of Amendment to Agreement with R3 Consulting Group (600-30)
The City Council with consider amending the Agreement WIth R3 Consulting Group to provide
for supplemental services in conjunction with the annual compensation adjustment negotiation
with Amador Valley Industries (AVI) and provide Staff training for an amount not to exceed
$19,315.
STAFF RECOMMENDATION: Adopt Resolution authorizing City Manager to execute
Amendment to Consulting Services Agreement with R3 Consulting Group; and approve Budget
Change in the amount of$19,315
4.9 Removal of One-Hour Parking Restriction on the East Side of Clark Avenue, North of Dublin
Boulevard (570-20)
It IS proposed to remove the I-hour parking wne in front of 6465 Clark Avenue as it is no longer
needed by adjacent businesses.
STAFF RECOMMENDATION: Adopt Resolution repealing the limited (I-hour) parking wne on
the east side of Clark Avenue north of Dublin Boulevard.
4.10 Approval of Amendment to Agreement with TruGreen LandCare for Assessment District
LPdscaping Maintenance (600-30)
The City entered into an Agreement with TruGreen LandCare in November 2002 for landscaping
maintenance services in the Stagecoach and Dougherty Assessment Districts. It is proposed to
extend the agreement until June 30, 2007, with a 2.9% increase in rates as provided by the
agreement.
STAFF RECOMMENDATION: Adopt Resolution approving Amendment to Agreement with
TruGreen LanctCare.
4.11 Acceptance of Work - Contract No. 05-04, Senior Center Furniture (600-35)
The City Council awarded the bid for the Senior Cente!" Furniture project as part of the overall
Dublin Senior Center project to One Workplace. The contractual requirements of the furniture
bid, including replacement of faulty banquet tables, have now been completed and the project IS
ready for acceptance by the City
STAFF RECOMMENDATION: Adopt Resolution accepting Contract No. 05-04, Senior Center
Furniture.
4.12 Acceptante of Improvements for Kohnen Way in Dublin Raneb, Are. F. and Approving
Regulatory Traffic Control Devices (600-60)
As part of the construction of the new middle school in Dublin Ranch, Dublin Ranch Schools,
LLC, has constructed Kohnen Way, which IS the fronting street to the new middle school.
STAFF RECOMMENDATION: Adopt Resolution accepting improvements for Kohnen Way in
Dublin Ranch, Area F, and approving Regulatory Traffic Control Devices constructed by Dublin
Ranch Schools, LLC
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4.13 Planned Development PrezonelStage 1 Development Plan for Fallon Crossing/Mission Peak
and Fredrich Properties, PA 04-016 (450-30)
This is the second reading of an Ordinance to establish Prezoning and Stage I Development Plan
for Fallon Crossing (formerly Mission Peak) and Fredrich properties. At its May 16, 2006
meeting, the City Council approved the pre-annexation agreement, introduced the Ordinance for
Planned Development (PD) Rezoning and Stage I Development Plan in conjunction with
Reorganization/Annexation to the City of Dublin and the Dublin San Ramon Services Dlsnict
(DSRSD), and approved a Mingated Negative Declaration with Statements of Overriding
Considerations and a Mitigation Monitoring Plan. The project is proposed to consist of
approximately 103 single-family homes on 19.5 acres of a 67.8-acre sIte (Mission Peak/Standard
PaCific). Additionally, the project includes the annexation and prezoning of th.e 7.93-acre
Fredrich property to the City of Dublin and DSRSD. located adjacent to and west ofTassajara Rd.
STAFF RECOMMENDATION Waive second reading and adopt Ordinance approving Planned
Development Prezone/Stage I Development Plan for Fallon CrossinglMission Peak and Fredrich
Properties.
4.14 Acceptanee of Work- Contract No. 05-013, Civic Center Fuel Tank Removal (600-35)
This project removed the 10,000 gallon underground gasoline tank on the Civic Center site. The
work was completed within funds budgeted.
STAFF RECOMMENDATION Accept improvements constructed under Contract No. 05-013 and
authorize final payment to American Construction and Environmental, less retention to be paid in 35
days for CiVIC Center Fuel Tank Removal.
4.15 Approval of Purdlue and Sale Aereement (or Real Property at 6457 Dublin Court for Capital
Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements - Houston
Plaee to 1-580 (600-30/676-20)
In order to widen and improve the mtersection of Dublin Boulevard and Dougherty Road. it is
necessary to acquire a portion of 6457 Dublin Court. The City Council will consider approving
an Agreement for the purchase and sale of this property, as well as accepting accompanying Grant
and Easement Deeds and authorizing payment for the property
STAFF RECOMMENDATION: Adopt Resolution approving the Purchase and Sale Agreement for
a portion of 6457 Dublin Court and accepting Grant Deed and Grant of Temporary Construction for
said property; and authorize City Manager to issue check m the amount of $180,583 payable to
Chicago Title Company for deposit into escrow.
4.16 Approval of Agreement with A.S. Dutchover &: Associates for Contract Landscape
Architectural Services (600-30)
The City Council will consider authorizmg Staff to hire an outside consultant to assist Staff with
projects on an as-needed basis.
STAFF RECOMMENDATION: Adopt Resolution approving a Consulting Services Agreement
WIth A.S. Dutchover & Associates and authorizing City Manager to execute said Agreement.
4.17 Approval of Agreement with John B. Lucero for Contract Housing Serviees in the Community
Development Department (600-30)
The City Council will consider authorizing an agreement with Housing Consultant John B. Lucero
to assist Staff on an as-needed buis with specific arellS of technical expertise.
STAFF RECOMMENDATION Adopt Resolutiou approving Consulting Services Agreement with
John B Lucero and authorize City Manager to execute Agreement.
4.18 Approval of Extension of Agreement with CSG Consultants, Inc., for Fire Inspection and P1/U1
Check Services (600-30)
The City Council will conSIder extending the City's agreement with CSG Consultants, Inc., due to
continued increase in construction and business activities.
STAFF RECOMMENDATION: Adopt Resolution approving extension of Consulting Services
Agreement with CSG Consultants, Inc., to provide continued fire inspection and the addition of plan
check services.
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4.19 Warrant Register ($1,239,248.76) dated June 6, 2006 (300-40)
STAFF RECOMMENDATION: Approve
5. WJUTIEN COMl\fUNICATIONS - None
6. PVQ{..I(,: IJE4RING
6.1 Proposed Ordinance Prohibiting the Operation of Medical Marijuana Dispensaries
(560-60)
On August 16, 2006, the City Council adopted a 45-day moratorium on medical marijuana
dispensaries within the City of Dublin. On September 20, 2005, the Council extended the
moratorium for a period of ten months and fifteen days to allow the City time to review
options for addressing medical marijuana dispensaries. On May 2, 2006, Staff presented the
City Council with a report including background information, legal analysis, surveys of
surrounding communities and secondary impacts of medical marijuana dispensaries, as well
as several options for addressing medical marijuana dispensaries. The City Council
unanimously voted to direct Staff to return to the Council with an Ordinance prohibiting
medical marijuana dispensaries within the City
STAFF RECOMMENDATION' Conduct public hearing; deliberate; waive reading; and
INTRODUCE Ordinance prohibiting the operation of medical marijuana dispensaries within the
City of Dublin.
6.2 Dublin Place Commercial Building - Planned Development Rezone with Stage 2
DeveJupment Plan and Site Develupment Review fur a 17,500 Square Fout Cummercial
Building Lucated at 7000 Amador Plaza Ruad, PA 05-35 (450-30)
The Applicant is requesting approval of a PD - Planned Development rezone with Stage 2
Development Plan and Site Development Review to construct a 17,500 square foot
commercial building and related site improvements including a plaza, landscaping and
parking, located within the existing Dublin Place Shopping Center on an undeveloped site that
is the location of the former Dublin General Cinemas.
STAFF RECOMMENDATION Conduct public hearing; deliberate; waive reading and
INTRODUCE Ordinance approving PD-Planned Development Rezone with Stage 2
Development Plan for 7000 Amador Plaza Road; and adopt Resolutiun approving Site
Development Review for the pad building located at 7000 Amador Plaza Raod.
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
8.1 Approval of Lease of City-Owned Property to Hamcor, Inc. (dba Dublin Toyota) (600-20)
Dublin Toyota is requesting permission to use a portion of City property at the terminus of
Dublin Court for vehicle display The area would be improved with landscaping, lighting, a
low fence, and a concrete pad.
STAFF RECOMMENDATION Adopt Resolution approving Lease Agreement with Hamcor,
Inc. (dba Dublin Toyota) and authorizing City Manager to execute said Agreement.
8.2 Murray Schoolhouse 150th Anniversary Celebration and Exhibit Grand-Opening (950-40)
The City Council will receive a report on the planned activities and events to celebrate the
grand-opening of the Murray Schoolhouse Museum and lOSth Anniversary Celebration.
STAFF RECOMMENDATION Approve dates for celebration; approve components for
celebration; grant approval to Dublin Heritage Preservation Association (DHP A) to use Heritage
Center ground for kick-off event; and consider request of DHP A to serve alcohol at event.
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8.3 Request to Initiate an Eastern Dublin Specific Plan Amendment and General Plan
Amendment Study to Modify Existing Land Use Designations at 7020 Tassajara Road,
Vargas Property, APN 986-0004-002-01, PA 06-030 (420-30)
The Developer has submitted an application requesting that the City Council consider
changing the existing land use designation for the Vargas property to reduce the density of the
property In order to study the request, the Council must authorize the initiation of the
General Plan and Specific Plan Amendment Study
STAFF RECOMMENDATION' Adopt Resolution approving Specific Plan Amendment and
General Plan Amendment Study - OR - Adopt Resolutiou denying Specific Plan Amendment
and General Plan Amendment Study
8.4 General Municipal Election - November 7, 2006 (630-20)
In November 2006, voters in Dublin will elect a Mayor (2-year term of office) and two
Councilmembers (4-year terms of office). It is necessary to make a formal request to the
Alameda County Board of Supervisors that Dublin's election be consolidated with the
Statewide General Election and that the Registrar of Voters perfonn certain services
associated with the election. Also, the Council must detennine whether candidates or the City
pay for publishing costs associated with candidate statements in the sample ballots and
whether 200 or 400 words will be allowed in the candidate statements of qualification.
STAFF RECOMMENDATION: Adopt ResolutionCs) calling November 7, 2006 election and
adopting regulations for candidates and costs of the candidate statements.
8.5 Declaration of Secondhand Smoke a Nuisance (560-90)
At the March 21, 2006 Council meeting, Cm. Hildenbrand requested that Staff prepare a Staff
Report on the issue of secondhand smoke, which would allow the City Council the
opportunity to consider an ordinance that would declare secondhand smoke a nuisance. The
Staff Report is intended to provide the Council with its options in addressing the issue of
secondhand smoke as a nuisance.
STAFF RECOMMENDATION Provide Staff with direction as to whether Staff should return
to Council with an ordinance declaring smoking a nuisance and, if so, whether the Ordinance
should reflect the scope of Option 1, Option 2, or Option 3 (as outlined in Staff Report), or
provide other direction.
9. OTHER BUSINESS
9.1 Brief INFORMATION ONLY reports from Couneil andlor Staff, including Committl!e
Reports and Reports by Council related to Meetings Attended at City Expense (AD 1234).
10. ;\DJOURNMENT Adjourn to Adjourned Regular Meeting (Budget Hearing) on June 13, 2006,
at 6:00 p.m. in the City Council Cbamben located at the Dublin Civic Center, 100 Civic Plaza.
This AGENDA is posted in aooordance with Govenunent Code Section 54954.2(a)
Ifrequested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats
to pensol\l; with a disability, as required by Section 202 of the AmeriCllllS with Disabilities Act of 1990 (42 U.s.c. Section 12132),
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accommodation, please contact the City Clerk's Office (925) 833-6650 at 1easl72 bours in advance of the meeting.
.
City Council Mee6ng # 716b Agenda Printed 5/31/l006 3:52:54 PM
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