HomeMy WebLinkAbout*CC Agenda 09-05-2006
REGULAR MEETING
Tuesday, September 5, 2006,7:00 p.m.
DUBLIN CIVIC CENTER, 100 civic Plaza
DUBLIN CITY COUNCIL
. AGENDA
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CALL TO ORDER & CLOSED SESSION (6:30 o.m.J
I. CONFERENCE WITH LEGAL COUNSEL. EXISTING LITIGATION
Government Code section 54956.9, subdivision a
Name of Case: Schlicker v. State of California, Alameda County Superior Court No. VG03-134125
(Consolidated wI VG04-140656)
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Introduction of New Employee: Erin Lamberger, Administrative Analyst I, Public Works
Department (700-10)
3.2 Youth Advisory Committee Appointments (110-30)
The term of office of the Youth Advisory Committee expired in August 2006. The openings
for the upcoming term were advertised and thirteen applications were received. The Mayor is
recommending the appointment of 10 high school members and 2 alternate members.
STAFF RECOMMENDATION: Confirm Mayor's appointments to the Youth Advisory
Committee for the term of September 2006 through August 2007.
3.3 Presentation of the Dublin Pride - Integrity in Action Program (130-30)
Representatives of the Dublin Pride - Integrity in Action Committee will make a presentation
to the Council regarding the program developed by the Committee, which is made up of
various representatives from the City Council, School District and local service organizations
and community members. The program was designed to promote established character traits
on a citywide basis, and is envisioned as a communitywide program.
STAFF RECOMMENDATION: Receive report and direct Staff to bring back proposed
strategies for the City's participation in the Dublin Pride - Integrity in Action Program or supply
Staff with additional direction.
3.4 Public Comments
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).
September 5, 2006 Dublin City Council Agenda
Page 1 of6
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 Minutes of Regular Meeting of August 1, 2006 and Regular Meeting of August 15,2006
STAFF RECOMMENDATION: Approve
4.2 Acceptance of Improvements and Approval of Regulatory Traffic Control Devices for
Tract 7453 (600-60)
The Lin Family has completed the improvements associated with Tract 7453 in Dublin Ranch
Area B, which included improvement for Central Parkway, Lockhart Street, Dublin
Boulevard and Keegan Street along the frontage of the Fairway Ranch project. As such, it is
appropriate for the improvements to be accepted by the City for permanent maintenance.
STAFF RECOMMENDATION: Adopt Resolution accepting improvements for Tract 7453 and
approving traffic control devices.
4.3 Authorization to Solicit Bids - Contract No. 06-08, Library Repair (600-35)
This project would repair accident damage to the rear wall of the Library building, which
occurred in March 2006.
STAFF RECOMMENDATION: Authorize Staff to solicit bids for Contact No. 06-08, Library
Repair.
4.4 Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezone and
Development Agreement for the Grafton Station Retail Shopping Center, PA 05-030
(450-30/600-60)
At its August 15, 2006 meeting, the City Council conducted a public hearing, waived the
reading and introduced an Ordinance approving a Stage 1 Development Plan Amendment and
a Stage 2 Rezone for the Grafton Station retail shopping center, and introduced an Ordinance
approving a Development Agreement with Lowe's mw, Inc., for a portion of the project site.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance approving Stage 1
Development Plan Amendment and Stage 2 Rezone; and waive reading and adopt Ordinance
approving Development Agreement between the City of Dublin and Lowe's HIW, Inc., for a
portion of the project site.
4.5 Adoption of Public Art Program Ordinance (450-20/900-30)
At its August 15, 2006 meeting, the City Council conducted a public hearing, waived the
reading and introduced an Ordinance requiring applicants for certain development projects to
contribute to the Public Art Program by providing a public art project on-site, or making an
in-lieu payment for public art. The proposed Ordinance adds to the City of Dublin Zoning
Ordinance Chapter 8.58, relating to the Public Art Contribution, and amends Chapter
8.104.070, relating to Site Development Review.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance adding Chapter 8.58 and
amending Chapter 8.104.070 of the Dublin Municipal Code (Zoning Ordinance) relating to the
Public Art Program.
4.6 Release of Bonds, Dublin Ranch Tract 7281, Gleason Drive and Grafton Street Sidewalk
Improvements (600-60)
As part of the approval for the Tract 7281 Final Map, the Lin Family and the Sierra Land
Development Corporation entered into an Improvement Agreement with the City of Dublin to
construct sidewalk improvements along Gleason Drive and Grafton Street. The requirement
to complete these sidewalk improvements has been included in the Tract Improvement
Agreement for Tract 7282 with Standard Pacific Corporation, and thus, the bonds provided by
the Sierra Land Development Corporation can be released.
STAFF RECOMMENDATION: Adopt Resolution releasing bonds for Dublin Ranch, Tract
7281 Gleason Drive and Grafton Street Sidewalk Improvements.
September 5,2006 Dublin City Council Agenda
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4.7 Authorization to Solicit Bids - Contract No. 06-09, Civic Center Window Sealing (600-35)
This project provides for the replacement of gaskets and caulking in the upper atrium
windows of the Civic Center.
STAFF RECOMMENDATION: Authorize Staff to solicit bids for Contract No. 06-09, Civic
Center Window Sealing.
4.8 Acceptance of Improvements for Lockhart Street - Central Parkway to Gleason Drive
(600-60)
As part of the infrastructure for Dublin Ranch, the Un Family and the Sierra Land
Development Corporation have constructed Lockhart Street between Central Parkway and
Gleason Drive. These improvements were completed in conformance with the Improvement
Agreement and it is now appropriate to accept those improvements.
STAFF RECOMMENDATION: Adopt Resolution accepting improvements for Lockhart Street
- Central Parkway to Gleason Drive, constructed by the Lin Family and the Sierra Land
Development Corporation.
4.9 Approval of Parcel Map and Improvement Agreement for Parcel Map 9208, Fallon Village
(Braddock and Logan) (600-60)
Parcel Map 9208 will create four parcels within the westerly half of the land encompassed by
the Tentative Map for Tract 7586, Fallon Village. Creation of these parcels will allow the
Developer for Tract 7586 to complete a staged purchase of the land from the present owner.
The map includes dedication of street rights-of-way needed to access each parcel. Braddock
and Logan executed an improvement agreement, backed by a bond, agreeing to install the
streets and other improvements needed to serve the four parcels. Development of the parcels
continues to be governed by the Conditions of Approval for Tract 7586.
STAFF RECOMMENDATION: Adopt Resolution approving Parcel Map 9208 and
Improvement Agreement for Parcel Map 9208.
4.10 Annual Review of Development Agreements (File #600-60)
An annual review of Development Agreements is required by State law and the City's
Municipal Code. The City has reviewed 32 Development Agreements (Opus, Creekside
Business Park; Dublin Ranch Area A-H; Dublin Ranch Phase I; Dublin Ranch -
Supplemental DA Areas F, G and H,' Schaefer Heights; Greenbriar Homes Communities
Phase II; Toll, Dublin Ranch, Area A, Neighborhoods A-6 & A-7; Toll, Dublin Ranch, Area
A, Neighborhood A-1,. Toll, Dublin Ranch, Area G. Neighborhood H-1 & H-2; Toll, Dublin
Ranch, Area G, Neighborhood MH-1 & MH-2; Toll, Dublin Ranch Area A, Neighborhood A-
4 & A-5; Transit Center Master; Fairway Ranch Master; Fairway Ranch, Senior Housing
Component; Fairway Ranch, Multifamily; Fairway Ranch, Condominium; Toll, Dublin Ranch
Area A. Neighborhood A-2 & A-3; Greenbriar Homes Communities Phase III; lKEA; Avalon
Bay, Transit Center Site B; Quarry Lane School; EAH, Transit Center Site A-2; Pulte, Dublin
Ranch Area F; Dublin RE Investors, LLC, Fal/on Village; Toll, Sorrento, Dublin Ranch
Areas F West,' Western Pacific Housing, Transit Center Site E-1; Pfeiffer Ranch Investors,
Silvera Ranch; AMB ProPerty Corporation, West Dublin Transit Village) and concluded that
the Developers for the 32 projects have complied and are proceeding in good faith with the
terms of the Development Agreements.
STAFF RECOMMENDATION: Adopt Resolution finding that the Developers have complied
in good faith with the terms and provisions of their Development Agreements and concluding the
Annual Review for Development Agreements.
September 5,2006 Dublin City Council Agenda
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4.11 Consulting Services Agreement with 4Leaf, Inc., for the Implementation of a Code
Enforcement Survey related to Building Permits (600-30)
The City Council will authorize Staff to hire 4Leaf, Inc., to provide a Code Enforcement
Survey to determine the amount of work being performed without the benefit of permits.
STAFF RECOMMENDATION: Adopt Resolution approving a Consulting Services Agreement
with 4Leaf, Inc., and authorizing the City Manager to execute agreement.
4.12 Authorization to Utilize Dell, Inc., as Additional Supplier of Desk-Top Computers (350-20)
The Fiscal Year 2006-07 adopted budget includes funding for 45 desk-top computers.
Western State Contracting Alliance has established an efficient procurement process allowing
other public agencies to purchase using their public bid. The City Code requires that for
purchases in excess of $20,000, the City Council authorize the procurement. The cost of 45
units is $82,231, including tax and delivery. Dell will be a supplemental source based on
recent delays by MPC in delivering their product. Staff will have additional flexibility with
the authorization to access either vendor. Total expenditures shall not exceed $82,231.
STAFF RECOMMENDATION: Adopt Resolution authorizing Dell as a supplemental source.
4.13 Warrant Register ($4,191,426.39) dated September 5,2006 (300-40)
STAFF RECOMMENDATION: Approve
5. WRITTEN COMMUNICATIONS - None
6. PUBLIC HEARING
6.1 Appeal of Planning Commission Denial of a Conditional Use Permit to Authorize a Large
Family Day Care Home, Miss Dina's Day Care, PA 06-029 (410-30)
The City Council will review an appeal of the Planning Commission's decision to deny a
request for a Conditional Use Permit to allow Miss Dina's Daycare to operate a Large Family
Day Care Home at 7956 Crossridge Road.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; and direct Staff to either:
a) Prepare a Resolution granting the appeal thereby reversing the Planning Commission denial of
the Conditional Use Permit; - OR - b) Prepare a Resolution denying the appeal thereby affirming
Planning Commission denial of the Conditional Use Permit; - OR - c) Prepare a Resolution
granting the appeal in part thereby reversing the Planning Commission denial and modifying the
approval of the Conditional Use Permit for Miss Dina's Daycare, P A 06-029.
6.2 Proposed Ordinance Declaring Secondhand Smoke a Nuisance (560-90)
This is the second reading of an Ordinance that would declare secondhand tobacco smoke a
nuisance and provide for abatement of the nuisance by a private party. This Ordinance
provides solely for a private right of enforcement, which involves no cost to the City.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt
Ordinance Amending Section 5.56.040 and Adding Section 5.56.160 to the Dublin Municipal
Code to declare secondhand smoke a nuisance, and adopt Resolution establishing the City's
enforcement policy relating to the Ordinance declaring secondhand smoke a nuisance.
6.3 Amendment to Conflict of Interest Code (Dublin Municipal Code Chapter 2.24) (640-40)
The Political Reform Act requires cities to adopt a Conflict of Interest Code that designates
the Staff positions within the City making governmental decisions that could foreseeably
affect a financial interest of the employee. This is the first reading of an Ordinance which
would make changes to Section 2.24.020 of the existing Ordinance related to designated
employees.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE Ordinance.
September 5,2006 Dublin City Council Agenda
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6.4 Establishment of20-Minute Parking Zone on Cypress Court (570-20)
The City Council will consider a request to provide a 20-minute parking zone in front of the
Retreat for Children facility located at 8339 Cypress Court to facilitate children pick-up and
drop-off activities on weekdays and weekends. The Traffic Safety Committee reviewed the
request and recommends that a 23-foot 20-minute parking space be approved.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; and adopt Resolution
approving the establishment of a 23-foot 20-minute parking zone at 8339 Cypress Court.
6.5 Dublin Village Historic Area Specific Plan Follow-up Implementation Actions (410-55/
420-30/450-30/910-40)
The City Council will consider a City-initiated application to rezone parcels in the Dublin
Village Historic Area specific Plan to be consistent with the Specific Plan and General Plan
land use designations and other implementation actions as outlined in the Specific Plan for the
Dublin Village Historic Area. The Dublin Village Historic Area consists of approximately 38
acres ofland generally located northwest of San Ramon Road and I-580.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution adopting
an Addendum to the Initial StudylMitigated Negative Declaration for the Dublin Village Historic
Area Specific Plan and related General Plan Amendments; waive reading and INTRODUCE
Ordinance adopting a Planned Development (Dublin Village Historic Area Specific Plan )
Zoning District for six parcels in the project area; waive reading and INTRODUCE Ordinance to
adopt an amendment to Section 8.62 (Historic Overlay Zoning District Site Development
Review) of the Zoning Ordinance to remove reference to the "Dublin Village Historic Area
Design Guidelines," replace with reference to the "Dublin Village Historic Area Specific Plan,"
and rescind the Dublin Village Design Guidelines; and adopt Resolution approving an
amendment to the San Ramon Road Specific Plan to remove two parcels from the Specific Plan
boundary that are currently included in the Dublin Village Historic Area Specific Plan.
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
8.1 Dublin Gateway Medical Center - Public Art (900-50)
The City Council will consider a proposal for a public art piece by artist Archie Held to be
installed at the center of the outdoor pedestrian courtyard of the new Gateway Medical
Center, located at the comer of Dublin Boulevard and Tassajara Road.
STAFF RECOMMENDATION: Approve artwork or provide alternate direction.
8.2 Approval of Consultant Services Agreement for the Union Pacific Right of Way/Alameda
County Property General Plan Amendment Study (600-30)
The City Council will consider approving a Consultant Services Agreement with RBF
Consulting/Urban Design Studio to conduct a community outreach process and develop three
conceptual land use plans for consideration on the Union Pacific/Alameda County property
located to the north and south of Amador Valley Boulevard.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement with RBF
Consulting/Urban Design Studio and authorizing City Manager to sign Agreement.
8.3 Universal Design Ordinance (440-10)
Staff is seeking direction from the City Council on whether a local Universal Design
Ordinance for new homes should be prepared, understanding all of the other State laws and
codes which already address housing accessibility and adaptability for people with limited
mobility, strength, or functionality.
STAFF RECOMMENDATION: Provide direction to Staff on whether a Universal Design
Ordinance should be drafted or whether the City Council is satisfied with the current State law
requirements related to universal design.
September 5,2006 Dublin City Council Agenda
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8.4 Selection of Red Ribbon Week Banner Design Series (950-40)
As part of the Capital Improvement Program (CIP) for FY 2006-07, funding was approved for
the acquisition of 40 banners supporting Red Ribbon Week during the month of October each
year. Red Ribbon Week is part of a nationwide anti-drug campaign, and takes place officially
every October 23-31. The City of Dublin has participated in Red Ribbon Week for the last 15
years.
STAFF RECOMMENDATION: Select preferred banner design and desired drug prevention
slogan to be added to the banner.
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 (AB 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 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 # 722 Agenda Printed 813CV2006 3:37:24 PM
Mission
The City of Dublin promotes and supports a high quality of life that ensures a saft 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 he ritage. 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.
September 5, 2006 Dublin City Council Agenda
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