HomeMy WebLinkAbout*CC Agenda 08-16-2005
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KEGULAR MEE'ITNG
Tuesday, August 16, 2005, 7:00 p.m.
DlJBUN CIVIC CINfER, 100 Civic PIazø.
DUBLIN CI1Y COUNCIL
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CALL TO ORDER & CLOSED SESSION (6:30 ø.m.)
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATtON
Initiation of litigation pursuant to Government Code section 54956.9, subdivision c
(5 potential cases).
2. Public Employee Perlonnance Evaluation (Government Code Section 54957) - Title: City Attorney
3. Conference with Labor Negotiators (Government Code Section 54957.6)
Agency designated representatives: Councilmember McConnick & Councilmember Oravetz
Unrepresented Employee: City Attorney
t. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Youth Advisory Committee Appointments (File # ] 10-30)
The tern¡ of office for the current Youth Advisory Committee (Y AC) members will expire in
August 2005. Seventeen applications for the upcoming tern¡ were received, and the Mayor
recommends appointment of 13 members and 2 alternates to the Committee.
STAFF RECOMMENDATION: Confirm Mayor's appointments to the Youth Advisory
Committee for terms September 2005 through August 2006.
3.2 Youth Advisory Planning Board Appointments to the Tn-Valley Adolescent Health
Initiative Committee (File #110-30)
The Youth Advisory Planning Board is being developed to support the Tri· Valley Adolescent
Health Initiative Committee. Students residing in Dublin from Middle School, High School
and freshman or sophomore status in College will represent the City of Dublin by engaging
other Dublin youth in the needs assessment and planning process on adolescent health and
wellness services for the Tri- Valley region.
STAFF RECOMMENDATION: Confirm Mayor's appointments to the Youth Advisory
Planning Board to the Tri- Valley Adolescent Health Initiative for the term of September 2005
through August 2006.
3.3 Presentation from Marcus Beverly, Director of Risk Management, ABAG PLAN
Corporation (File #170-30)
The City obtains General Liability Insurance through a pooled risk-sharing arrangement
offered by the Association of Bay Area Government (ABAG) PLAN, Corporation. Marcus
Beverly, ABAG Plans Risk Manager, will review the background and statement of member
benefits, FY 2005-2006 Risk Management Program elements, and the City's success in
meeting the Plans Risk Management standard.
STAFF RECOMMENDATION: Receive presentation.
3.4 Public Comments '
At this time, the public is permitted to address the City Council on nan.agendized items. Please step to the podium end 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 ~em not appearing on the posted agenda. The Council may respond to stataments made or
questions asked, or may request Staff to report back at a future meeting conceming the matter Any mamber of the public may
contact the City Clerk's Office related to the proper procedure to place an ~em on a future City Council agenda. The exceptions
under which the C~y Council MAY discuss and/or take action on ~ems not appearing on the agenda ere contained in Government
Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar ~ems ere typically non..contraversial in nature and are considered for approval by the City Council w~h one single
action. Members of the audience, Staff or the City Council who would like an ~em removed from the Consent Calendar for
purposes of public Input may request the Meyor to remove the item.
4.1 Minutes of Regular Meeting of August 2, 2005.
STAFF RECOMMENDATION: Approve
4.2 Preliminary Financial Reports for the Month of July 2005 (File #330-50)
STAFF RECOMMENDA nON: Receive reports.
4.3 Establishment of Employee Paid 401(a) Plan (File #720-30)
On June 21, 2005, the City Council adopted Resolution No. 116-05, which amended the
City's Benefit Plan. Included in the amendment provisions to the benefit plan was a provision
to allow employees to participate, on a voluntary basis, in additional deferred compensation
programs administered by the International City Management Association (ICMA); with the
stipulation that nay such program would not require any additional contributions by the City
on behalf of employees.
STAFF RECOMMENDATION: Adopt Resohltion to establish an Employee Paid 401(a)
Governmental Money Purchase Plan, and authorize the City Manager to execute the
Admioistrative Service Agreement.
4.4 Risk Management Policy Resolution (File #170-30)
The City Council will consider adoption of a Risk Management Policy Resolution as required
by the City's membership in the ABAG PLAN, Corporation risk sharing pool.
STAFF RECOMMENDATION: Adopt Resolution.
4.5 City Treasurer's Investment Report for 4tJo Quarter FY 2004-2005 (File #320-30)
The City's investment portfolio totals $101,952,797 (market value). As of June 30, 2005,
funds were invested at an average yield of3.289%.
STAFF RECOMMENDATION: Receive report.
4.6 Award of Bid - Contract No. 05-08, FY 2004-2005 Annual Slurry Seal Program
(File #600-35)
This project will resurface several City streets with a slurry seal that will pr010ng the life of
the existing pavement surface.
STAFF RECOMMENDATION: Adopt Resolution awarding Contract No. 05-08, FY 2004-
2005 Annual Slurry Seal Program, to Valley Slurry Seal Company.
4.7 Award of Bid ~ Contract No. 05-10, Dolan Park Play Area Renovation (File #600-35)
After receiving proposals ITom several play equipment representatives, on March 1, 2005, the
City Council authorized Staff to issue a purchase order for play equipment to California
Sports and Recreation. Staff has solicited competitive bids to complete the installation of
equipment. All bids submitted are over the available budget.
ST AFF RECOMMENDATION: Adopt Resolution awarding contract to G&G Builders, Inc.,
and approve Budget Change in the amount of$18,128.
"
'4.8 Appeal of Planning Commission Decision to Deny 'the Safeway Conditional Use Permit and
Site Development Review, PA 05-04 (File #410-30)
The proposed projecl, located at 7499 Dublin Boulevard, consists of a Conditional Use Permit
(CUP) and Site Development Review (SDR) to replace the existing gasoline price signage
with new LED electronic displays. The Planning Commission denied the CUP/SDR at its
June 28, 2005 meeting. The ApplicaIIt filed an appeal, and the City Council voted to reverse
the Planning Commission decision on August 2,2005, and directed Staff to return to the City
Council with aformal resolution.
STAFF RECOMMENDATION: Adopt Resohdion reversing the Planning Commission
decision to deny the Conditional Use Permit and Site Development Review for an amendment to
the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas
Station at 7499 Dublin Boulevard and, thereby, granting the appeal, subject to the Conditions of
Approval included therein.
4.9 Agreement with BRK Associates for Design Services, Freeway Underpass Artwork
Lighting, Phase 2 (File #600-30)
The Freeway Underpass Art project was completed during Fiscal Year 2003-2004. This
project would provide lighting for the elements of the artwork on the east and west
approaches of the fi"eeway undercrossings at Dublin Boulevard and Amador Valley
Boulevard.
STAFF RECOMMENDATION: Adopt Resolution approving agreement with BRK Associates.
4.10 Award of Bid - Contract No. 05-09, Street Light Pole Replacement, Phase 4 (File #600-35)
This is the fourth and final phase of a project to replace deteriorated street light poles in older
neighborhoods. This project would replace approximately 112 poles in the area north of
Amador Valley Boulevard between 1-680 and San Ramon Road. The low bid received,
$186,760, is within funds budgeted for construction.
STAFF RECOMMENDATION: Adopt Resolution award Contract No. 05-09, Street Light Pole
Replacement, Phase 4, to John Baker Construction.
4.11 Warrant Register ($4,227,489.77) dated August 16, 2005 (File # 300-40)
STAFF RECOMMENDATION: Approve
5. WRITTEN COMMUNICATIONS
5.1 Request from Berkeley Land Company, Inc., for Consideration of Site Plan for Dublin
Sqnare (File # 910-40)
The City of Dublin received correspondence ITOm Michael S. Mikulich, Vice President of
Real Estate for Berkeley Lane Company, requesting that the City consider a site plan for
Dublin Square Shopping Center, located at the southwest corner of Dublin Boulevard and
Donlon Way. As proposed, the plan identifies 56 residential units and a 1.16 acre
neighborhood park.
STAFF RECOMMENDATION: 1) Approve request to consider a site plan for Dublin Square
Shopping Center and that the potential park be considered in lieu of the City's Option 3 for the
Dublin Historic Park Master Plan; - OR - 2) Approve request to consider a site plan for Dublin
Square Shopping Center and that the potential park be considered as a fourth option for the
Dublin Historic Park Master Plan and approve a budget change in the amount of $8,000; - OR-
3) Decline request to consider a site plan for Dublin Square Shopping Center at this time.
6. PUBLIC HEARING
6.1 Amendment to Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7 of the Dublin
Municipal Code, Repair of Sidewalks - Reporting Defects (File #820-10/820-40)
This is the second reading of a proposed amendment to the Sidewalk Ordinance that will
require property owners and possessors of property to maintain adjacent public sidewalks in a
safe condition, as already provided for by the California Streets and Highways Code. It
defines the failure to maintain public sidewalks as negligence, and makes property owners
and possessors of property liable for failure to maintain sidewalks. The City's sidewalk repair
program each fiscal year does not abrogate the responsibility of the property owners to
maintain frontage improvements in a safe manner, as delineated under Section 5610 of the
California Streets and Highways Code.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt
Ordinance amendment Section 7.04.420 of Article 4 of Chapter 7.04 of Title 7 of the Dublin
Municipal Code.
6.2 Urgency Ordinance Placing a Temporary Moratorium on tbe Establishment and
Operation of Medical Marijuana Dispensaries (File #560-60)
The Compassionate Use Act of 1996 ("the Act") permits possession and cultivation of
marijuana for limited medical treatment purposes. On January 1, 2004, SB 420 went into
effect which clarifies the scope of the Act. Since SB 420 has taken effect, numerous cities in
Northern California have received applications for the issuance ofa business license to open a
medical marijuana dispensary. Some California cities have experienced negative secondary
impacts rrom either a zoning or law enforcement standpoint. In order to ensure that allowing
medical marijuana dispensaries does not harm the public health, safety and welfare, issuing a
temporary moratorium allows Staff to conduct further study of the potential impacts.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt
Urgency Ordinance (requires 4/5 affirmative vote) imposing a 45-day moratorium on medical
marijuana dispensaries to protect against a current and immediate threat to the public health,
safety and welfare as set forth in the Staff Report and attachments.
6.3 To Consider Adoption of an Amended Resolution of Necessity to Condemn Real Property
at 6400 Dublin Boulevard (Singh) for Capital Improvement Program (CIP) Project No.
96852, Dougherty Road Improvements - Houston Place to 1-580 (File # 670-20)
In order to widen and improve the intersection at Dublin Boulevard and Dougherty Road, the
City must acquire a portion of the property at 6400 Dublin Boulevard (also addressed as 5863
Dougherty Road), which is situated at the southwest corner ofthe intersection.
ST AFF RECOMMENDATION: Conduct public hearing; deliberate; adopt amended Resolution
(requires 4/5 affirmative vote).
7. UNFINISHED BUSINESS
7.1 Wildflower Planting Along the Iron Horse Trail (File #930-30)
At its June 20, 2005, meeting, the City Council directed Staff to prepare a cost estimate for a
new Capital Improvement Project to hydroseed a wildflower mix along the Iron Horse Trail.
STAFF RECOMMENDATION: Approve new Capital Improvement Project for wildflower
hydroseeding along the Iron Horse Trail; approve Budget Change in the amount of $22,040; and
authorize Staff to solicit informal bids for discing and hydoseeding.
. 7.2 Village Site Identification and Recommended Action Plan, PA 04-025 (File #410-20)
As part of the IO-year Strategic Plan, the City Council directed Staff to develop a policy that
defines a village concept foruse as a planning tool and to identity opportunities to create new
villages in Dublin. The City Council will now consider potential village sites and a Village
Action Plan to implement the Village Policy Statement within these village sites.
STAFF RECOMMENDATION: Receive presentation and either: a) Approve the Village Action
Plan; - OR - b) Direct Staff to modify the Village Action Plan and return to a future City Council
meeting with revisions; - OR - c) Do nothing at this time.
8. NEW BUSINESS
8.1 Consultant Services Agreement for Shannon Community Center Design (File #600-30)
Seven consultants responded to a request for proposals for design services in the
reconstruction of the Shannon Community Center. After interviews with five consultants,
Staff recommends that the City Council approve a Consultant Services Agreement with the
Dahlin Group.
STAFF RECOMMENDATION: Adopt Resolution approving an agreement with the Dahlin
Group for design services in the reconstruction of the Shannon Community Center.
8.2 Agreement Between the City of Dublin and Alameda County Surplus Property Authority
regarding the Enforcement of Conditions of Approval for the East Dnblin BART Garage
(File #600-40)
The City Council will consider an Agreement with Alameda County Surplus Property
Authority to waive certain provisions of the 1993 Annexation Agreement and to secure
conditions of approval for the Site Development Review permit.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement between City of
Dublin and Alameda County Surplus Property Authority regarding the Enforcement of
Conditions of Approval for the East Dublin BART.
8.3 Shannon Community Center Security (File # 350-20)
Due to increasing vandalism at the Shannon Community Center, Staff recommends the
purchase and installation of two FlashCAM~ 770 Digital Deterrent Systems. As funds were
not budgeted for this purpose, an additional appropriation is needed.
STAFF RECOMMENDATION: Authorize purchase of two FlashCAM~770 systems for
Shannon Community Center; and Approve Budget Change in the amount of$II,900.
9. OTHER BUSINESS
9.1 Brief INFORMATION ONLY reports from Council and/or Staff, including Committee
Reports
10. ADJOURNMENT
If requested. this agenda shall be made available in appropriate alternative formats fa persons with a disabiliry. as
required by Section 202 of the Americans with Disabilities Act of 1990 (42 u.se Section 12132), and tfw federal
rules and regulations adopted in implementation thereof To make a request for disability-related modification or
accommodation, please contact the Ciry Clerk's Office (925) 833-6650 at least 72 hours in advance of the meeting.
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City Council Meeting # 692 Agenda Printed 811212005 2:45:51 PM