HomeMy WebLinkAbout*CC Agenda 09-17-2002 AGENDA
DUBLTN CITY COUNCl'L
RBG~O£ARMBBTIHG
Tuesday, September 17, 2002, 7:00 p.m.
DUB[/N CI~//C CENTER, 100 Civic Plaza .......
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CALL TO ORDER & CLOSED SESSION (6:30 p.m.)
f. CONFERENCE WITH LEGAL COUNSEL - EX~STING LITIGATION- Government Code Section
54956.9 subdivision(a) Name of Case: City of Dublin v. Dublin Land Co., Alameda Superior Court
No. V-Of SrO0-2
1. CALl, TO ORDER & PI,EDGE OF AI,LEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Presentation by PUblic Works Staff on the Status of Public Works Capital Improvement Program
Projects (File # 330-40)
3.2 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, however,
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).
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 September 3, 2002
STAFF RECOMMENDATION: Approve
4.2 Acceptance of Improvements for Dublin Boulevard, Amador Plaza Road, and required
onsite improvements at Downtown Safeway (File # 600-30)
The improvements required as part of the development of the Downtown Safeway site at the
north east corner of Dublin Boulevard and Amador Plaza Road have now been completed and
are ready for acceptance by the City.
STAFF RECOMMENDATION: Adopt Resolution accepting improvements and Maintenance
Bond ($406,621) for onsite/offsite improvements, and approving traffic regulatory devices
installed as part of the project.
4.3 Fiscal Year 2002-03 Goals & Objectives Status Report & CIP Schedule (File # 100-80)
Staff has prepared a report apprising the City Council of the status of the FY 2002-03 Goals &
Objectives as of August 31, 2002, as well as a schedule for the City's CIP indicating
estimated project start and completion dates.
STAFF RECOMMENDATION: Receive' Report.
4.4 Warrant Register ($701,069.07) dated September 17, 2002 (Fileg 300-40)
STAFF RECOMMENDATION: Approve
5. WRITTEN COMMUNICATIONS
5.1 Request for Preview Party in the New Dublin Library (File # 940-50)
The City Council will consider the request of the County Library Foundation to hold a
Preview Party in the new Dublin Library several days before the Grand Opening
Celebration. The date for the Preview Party has not been determined, but it is
anticipated to be in January 2003, upon completion of the new Dublin Library.
STAFF RECOMMENDATION: Consider request.
5.2 Art in the Parks Project for Dublin Ranch Area G Neighborhood Park (File # 600-30)
Thc City Council will consider a request from the Dublin Fine Arts Foundation (DFA)
to commission artwork for the Dublin Ranch Area G Neighborhood Park as part of
their ongoing Art in the Parks program.
STAFF RECOMMENDATION: Approve request from DFA.
6. PUBLIC HEARING
6.1 Ordinance amending Chapters 5.08, 7.32, 7.36, 7.40 and 7.44 of the Dublin
Municipal Code which adopts by reference and amends the 2000 Edition of the
Uniform Fire Code (UFC), the 1997 Edition of the Uniform Building Code (UBC),
the 1999 Edition of the National Electrical Code (NEC), the 2000 Editions of the
Uniform Plumbing Code (UPC) and the Uniform Mechanical Code (UMC), and
amend Chapter 7.28 of the Dublin Municipal Code (Building Regulation
Administration) (File # 440-10)
Uniform Codes are adopted and published by the California State Building Standards
and by the California Department of Housing and Community Development on a 3-
year cycle. This is the second reading of an Ordinance which would take effect on
November 1, 2002 pursuant to the State of California.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
ADOPT Ordinance amending Chapters 5.08, 7.32, 7.36, 7.40 and 7.44 of the Dublin
Municipal Code which adopts by reference the Uniform Codes.
6.2 Amendments to the Smoking Pollution Control Ordinance (File # 560-90)
This is the second reading of an Ordinance which would bring the existing provisions
of Chapter 5.56 of the Dublin Municipal Code regulating smoking into conformity
with recent changes in state law and to add additional permissible restrictions on
smoking in enclosed and unenclosed public places and places of employment.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
ADOPT Ordinance.
6.3 Armstrong Garden Center - Planned Development Rezoning (File # 450-30)
This is the second reading of an Ordinance which would amend the San Ramon Road
Specific Plan to allow retail garden centers in conjunction with a Planned
Development (PD) Rezoning for an approximate 6,400 square foot retail garden center
with approximately 24,410 square foot outdoor storage and landscaped area on 1.162
acres located at 7360 San Ramon Road (northwesterly corner of San Ramon Road and
Amador Valley Boulevard).
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive the reading
and ADOPT Ordinance approving a Planned Development Rezoning and Development
Plan.
6.4 Consideration of Appeal of the Planning Commission approval of a request to amend the
Site Development Review for the Dublin Ranch Golf Course Clubhouse and Cart Barn .of
PA 99-060 (File # 410-30)
On July 23, 2002, the Planning Commission was asked for input on the proposed revisions
to the Site Development Review approval for the Dublin Ranch Golf Course Clubhouse
and Cart Barn within Dublin Ranch Area A, initially approved on July 25, 2000. At that
meeting, considerable discussion ensued regarding the various changes proposed by the
applicant, and the Planning Commission asked the applicant to return on August 13, 2002
with revised plans representing their concerns. The major focus of the Planning
Commission's issues involved the reduction in size of the structure and the elimination of
square footage from the floor plan. At the Planning Commission meeting of August 13,
2002, the applicant returned with a revised program to increase the amount of restaurant
seating and details for the furore expansion space; both items of concern to the
Commission. On August 13, 2002, the Planning Commission approved a Resolution to
amend a portion of the Site Development Review approved with PA 00-060 and Final
Tract No. 7135 specifically for the Golf Course Clubhouse and Cart Barn located within
Dublin Ranch Area A. On August 14, 2002, the Mayor appealed the Planning Commission
decision.
STAFF RECOMMENDATION:' Conduct public hearing; deliberate; adopt appropriate
Resolution either 1) affirming the Planning Commission approval; 2) affirming the Planning
Commission approval with modifications; or 3) reversing the Planning Commission decision to
amend the Site Development Review.
6.5 Pinn Brothers Construction, Inc., Silveria/Haight/Nielsen Properties PA 02-024
(File # 600-30/620-20)
This Planned Development Prezoning (Stage 1 Development Plan), Pre-Annexation
Agreement and Resolution for Reorganization Application to the Local Agency Formation
Commission (LAFCO) is for 259 multi-family and single-family homes on approximately
107.7 acres on the Silveria, Haight and Nielsen properties located south and east of the
intersection of Tassajara Road and Fallon Road in the Eastern Dublin Specific Plan area.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE Oidinance approving a PD Prezoning and Stage 1 Development Plan; adopt
Resolution(s) 1) approving the Pre-Annexation Agreement and 2) directing Staff to file an
application with LAFCO for Reorganization.
6.6 City of Dublin Zoning Ordinance Amendments (PA 02-040) (File # 450-20)
The City Council will consider amending various Chapters of the Dublin Municipal Code
(Zoning Ordinance) including Chapter 8.08 Definitions: Chapter 8.12 Zoning Districts and
Permitted Use of Land; Chapter 8.36 Development Regulations; Chapter 8.40 Accessory
Structures and Uses Regulations; Chapter 8.64 Home Occupations Regulations; Chapter 8.76
Off-Street Parking and Loading Regulations; Chapter 8.84 Sign Regulations; Chapter 8.104
Site Development Review Regulations; Chapter 8.108 Temporary Use Permit Regulations;
and Chapter 8.144 Enforcement Regulations to provide consistency and clarify minor land
regulatory issues.
STAFF RECOMMENDATION: Conduct public heating; deliberate; waive reading and
INTRODUCE Ordinance.
6.7 Ordinance Amending Section 1.04.070 and Adding Section 1.04.75 to the Dublin Municipal
Code (DMC) relating to Claims (File # 170-10)
This proposed Ordinance would require that each person (rather than a representative
claimant representing all similarly situated persons) seeking money or damages from the City,
first submit a claim to the City.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE Ordinance.
7. UNFINISHED BUSINESS
7.1 Amendment to Solid Waste Franchise Agreement (File # 600-30)
The City has negotiated an amendment to the current solid waste franchise agreement with
Waste Management of Alameda County, Inc., to provide several new diversion programs and
to extend the current Franchise Agreement by two years, through June 30, 2005.
STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute the
Amendment.
7.2 Transfer of Ownership of the Dublin Library Building and Site to the City of Dublin
(File # 670-20/220-10)
The City Council previOusly approved a Memorandum of Understanding with the County of
Alameda regarding the transfer of ownership of the Dublin Library Building and Site to the
City of Dublin. One of the PrOvisions of the transfer is that the City adopt a Resolution of
Intention to remain a member of the County Library System for a minimum period of 5 years
after the effective date of the transfer. The Resolution has been prepared for consideration by
thc City Council.
STAFF RECOMMENDATION: Adopt Resolution.
7.3 Street Banner Art Project (File # 600-30) ~
A 2001-02 City Council high priority goal was to develop new banner art working with
Dublin youth. This project was to consist of the creation of 5 different banner designs
produced by collaboration between artists and participants in the Parks & Community
Services Department "Recreation on Campus" program at Wells Middle School. The project
is now complete and the City Council will review and consider the banner designs
recommended by the Heritage & Cultural Arts Commission.
STAFF RECOMMENDATION: Receive presentation by Project Art Consultant and confirm
recommendation of Heritage & Cultural Arts Commission and authorize Staff to obtain bids for
banner fabrication - OR - provide alternate direction.
7.4 Award of Bid, contract 02-15, Fire Station 17 (File # 600-30)
At its meeting of August 6th, thc City Council authorized Staff to solicit bids for the new
Dublin Fire Station 17.. A total of 6 bids were received with the low bid of $2,848,000 being
submitted by Blackshire Construction. The proposed schedule for the project is 12 months.
STAFF RECOMMENDATION: Adopt Resolution awarding contract to Blackshire
Construction.
8. NEW BUSINESS
8.1 Initiation of a General Plan (GP) and Eastern Dublin Specific Plan Amendment (EDSPA)
Study for Site 15-A Emerald Park (File # 420-30)
This request by the Alameda County Surplus Property Authority is for a GP & SPA Study for
Site 15-A, located at the northeast quadrant of Arnold Road and Dublin Boulevard from High
Density Residential to Campus Office.
STAFF RECOMMENDATION: Adopt appropriate Resolution either approving - OR-
denying request.
8.2 Initiation of an Eastern Dublin Specific Plan (EDSP) and General Plan Amendment (GPA)
Study for a portion of property owned by the Dublin Land Company (File # 420-30)
Dublin Land Company informed Staff that they wished to withdraw the GP and SPA Study
initiation from this agenda. The item was noticed for this meeting and notices wcrc sent out
to all property owners within a 300' radius of thc affected property. The requested change in
the EDSP and GP land-use designation in the project area was from a mixture of commercial,
residential and Public/Semi-Public Facilities land uses to High Density Residential only for
property located on the east side of Tassajara Road approximately between Gleason Drive and
Central Parkway.
STAFF RECOMMENDATION: Take no action.
8.3 Initiation of a General Plan Amendment (GPA) Study for 6617 Dublin Boulevard
(the former Pak 'N Save site on the northwest corner of Dublin Boulevard and
Dougherty Road (File # 420-30)
Bancor Properties LLP is proposing a change in General Plan land-use designation on
this approximate 10.6 acre site from Retail/Office and Automotive to Mixed Use.
STAFF RECOMMENDATION: Continue item to a date uncertain - OR - adopt
appropriate Resolution either approving - OR- denying request.
8.4 Agreement for Maintenance and Operation of the Dublin Library (File # 600-40)
Construction of the new Dublin Library is underway and the library is scheduled to
open in January 2003. Upon completion, the City will own the library building and
related improvements and the Alameda County Library will operate library-related
activities in the building and provide equipment related to the general operation of the
library. The City Council will review the agreement that outlines the responsibilities
of both the City and the County in the maintenance and operation of the library.
STAFF RECOMMENDATION: Authorize Mayor to execute Agreement.
8.5 Revisions to Parks & Community Services Commission Bylaws and Rules of
Procedure (File # 610-20)
The City Council will consider a revision to the Bylaws and Rules of Procedure
pertaining to the election of officers for the Parks & Community Services
Commission.
STAFF RECOMMENDATION: Adopt Resolution.
8.6 Approval of Cooperative Agreement with Caltrans for the Improvement of
1-580/San Ramon Road/Foothill Road Interchange (File # 600-50)
In order to proceed with the improvement of the 1-580/San Ramon Road/Foothill Road
Interchange, the City is required to enter into a Cooperative Agreement with Caltrans
for work in the Caltrans right-of-way.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement and authorize
Mayor to execute.
8.7 Approval of Master Project Funding Agreement with Alameda County
Transportation Improvement Authority for ACTIA Project No. 9 - Iron Horse
Bicycle, Pedestrian and Transit Route Project (File # 600-40/1060-90)
This project would construct a four-lane roadway along the abandoned railroad right-
of-way between Dougherty Road and Dublin Boulevard, would 'facilitate transit
service (bus) in this corridor, and would relocate and enhance the Iron Horse Trail.
STAFF RECOMMENDATION: Adopt Resolution approving Agreement with Alameda
County Transportation Improvement Authority and authorize Mayor to execute.
8.8 Participation in Tri-Valley Jobs Website (File # 600-40)
Following the successful debut of the City of Pleasanton's website,
www. PleasantonJobs.com, the Economic Development Directors from the Cities of
Dublin, Pleasanton, Livermore and San Ramon met to discuss the potential to expand
the website to make it available to all Tri-Valley businesses. The Tri-Valley cities
agreed that the costs of creating and maintaining the site should be shared based on
each community's percentage of businesses and residences. The proposed agreement
requests that the City of Dublin contribute $10,829 for FY 2002-03 to help offset the
costs involved in creating, updating and marketing the job site.
STAFF RECOMMENDATION: Approve proposed Agreement and authorize City
Manager to execute and approve budget transfer of $10,829 from Unappropriated
reserves.
8.9 Update on Pending Changes to the City's Stormwater Permit under the Alameda
Countywide Clean Water Program (File # 1000-20)
This report outlines the key elements of the proposed changes to the National Pollutant
Discharge Elimination System (NPDES) permit. The NPDES permit is issued to thc
Alameda COuntywide Clean Water Program (ACCWP), which is a consortium of 17
public agencies, which thc City of Dublin is a member agency. The most significant
permit changes are in the area of new development and redevelopment.
STAFF RECOMMENDATION: Authorize Mayor to sign letter to Regional Water
Quality Control Board outlining City's concerns.
9. OTHER BUSINESS 9.1 Committee Reports
9.2 Brief INFORMATIONAL ONLY reports from Councilmembers and/or Staff
10. ADJOURNMENT
City Council Meeting # 601 K2/cc-mtgs/agenda9-17-02.doc Agenda Printed 9/11/2002 2:59 PM