HomeMy WebLinkAbout*CC Agenda 10-19-2004
REGULAR MEE11NG
Tuesday, October 19,2004,7:00 p.m.
DUBUN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
. AGENDA.
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CALL TO ORDER & CLOSED SESSION (6:30 D.m.J,
1. CONFERENCE WITH LABOR NEGOTlA TORS (Government Code Section 54957.6) .
City Negotiators: Mayor Lockhart and Vice Mayor Zika - Unrepresented Employee: City Manager
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LmGATlON
Significant exposure to litigation pursuant to subdivision (b) of section 54956.9 (one
potential case)Facts and circumstances: Government Code Section 54956.9(b)(3)(B)
(Dublin Boulevard Widening - Village Parkway to Sierra Court, Contract No. 01-10)
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG
2. REPORT OF CLOSED SESSION ACTION
3. ORAL COMMUNICATIONS
3.1 Proclamation Supporting RED RIBBON WEEK, October 23-31, 2004 (File #610-50)
3.2 Acceptance of Gifts to City from Day on the Glen Festival Sponsors (File # 150-70)
The 2004 Day on the Glen Festival was held on Saturday and Sunday, September 25-26, at
Emerald Glen Park. The festival was attended by approximately 10,000 people and was well
supported by local businesses. The City received $8,550 in sponsorships for the festival. In
addition, the City received generous support in the form of in-kind donations of goods and
services trom local businesses.
STAFF RECOMMENDATION: Recognize donors for their contributions; formally accept gifts.
3.3 Introduction of New Police Employees: Deputies Oscar Perez, Shawn Sexton and
Nick Soares (File # 700-10)
3.4 Presentation by Public Works Staff on Alameda County Transportation Improvement
Authority (ACTIA) Measure B Program (File # 1060~40)
3.5 Request for Endorsement of Bay Area Rapid Transit (BART) Earthquake Safety Program
and Measure AA (File # 660~30)
BART Director Peter W. Snyder will make a presentation to the City Council regarding
Measure AA, a BART Earthquake Safety Retrofit General Obligation Bond, which will
appear on the November 2,2004 ballot. BART is asking the Council to endorse, by
resolution, the BART Earthquake Safety Program and Measure AA.
STAFF RECOMMENDATION: Receive presentation and consider adoption of Resolution.
3.6 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(bX1 X2X3).
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 Special Meeting (Workshop Study Session) of October 4,2004
STAFF RECOMMENDATION: Approve.
4.2 Award of Bid - Contract 04-04, Traffic Signal at Amador Valley Boulevard and Starward
Drive (File # 600-35)
This project will construct a traffic signal at the intersection of Amador Valley Boulevard and
Starward Drive in order to enhance the safety of turning movements and aid access to the
Senior Center and Senior Housing Development which are presently under construction.
STAFF RECOMMENDATION: Approve Budget Change and adopt Resolution awarding bid
to Brown & Fesler, Inc. ($456,475.50).
4.3 Acceptance of Work - Contract 04-02, Traffic Signal Upgrade - Dublin Boulevard and
Scarlett Drive (File # 600-35)
This project modified an existing traffic signal system at the intersection of Dublin Boulevard
and Scarlett Drive to incorporate the new Scarlett Drive northbound lanes along the east side
of the Chabot Channel. The work is complete, and it is now appropriate for the City to accept
the improvements.
STAFF RECOMMENDATION: Accept improvements and authorize the release of retention (to
Steiny & Company, Inc.) after 35 days if there are no subcontractor claims.
4.4 Acceptance of Street Improvements for Fallon Road and Signal Hill Drive Associated with
Tract 7252, Dublin Ranch Area A (Toll CA II, L.P.) (File # 600-60)
As part of the development of Tract 7252 (Dublin Ranch Area A), the Developer completed
street improvements on Fallon Road north of Antone Way, and Signal Hill Drive along the
frontage of the Golf Course Clubhouse and Recreation Facility. Since these improvements
have been completed, it is now appropriate for the City to accept the streets for maintenance
and release the bonds that guaranteed the street improvement work.
STAFF RECOMMENDATION: Adopt Resolution accepting street improvements and
approving the regulatory traffic control devices.
4.5 Award of Bid - Contract 04-12, Street Light Pole Replacement Project, Phase 3
(File # 600-35)
This is the third year of a proposed four-year project to replace deteriorated street light poles
in older neighborhoods. The 2004-05 project is proposed to replace approximately 150 street
light poles.
STAFF RECOMMENDATION: Adopt Resolution awarding contract to St. Francis Electric
($164,739.15).
4.6 Adoption of Annual Investment Policy (File # 320-30)
The City's current investment policy, as well as State Law, requires that it be reviewed by the
City Council on an annual basis. City Staff has reviewed the City's current investment policy
and has determined that it complies with current State Laws regulating investments and
continues to provide for adequate diversification of investments and controls over investment
related activities.
STAFF RECOMMENDATION: Receive Report.
4.7 City Treasurer's Investment Report for 1st Quarter of Fiscal Year 2004-05 (File # 320-30)
The City's investment portfolio totals $101,003,809 (market value). As of September 30,
2004, funds were invested at an average yield of 2.706%.
STAFF RECOMMENDATION: Receive Report.
4.8 Financial Reports for the Month of September 2004 (File # 330-50)
STAFF RECOMMENDATION: Receive Reports.
4.9 Amendment to Tract Developer Agreement and Partial Acceptance of Landscape
Improvements associated with Tract 7135, Dublin Ranch Area A (Toll CA IT, L.P.)
(File # 600-60)
Toll CA II, L.P., has asked the City to amend the Tract Developer Agreement that governs the
landscaping improvements within Tract 7135, Dublin Ranch Area A. The amendment will
extend the completion date to allow the developer time to complete landscaping
improvements within the Stream Corridor that extends along Fallon Road, release the
developer from obligations for the completed landscaping work on Fallon Road, Bent Tree
Drive, and Antone Way, and reduce the improvement security to an amount necessary to
assure that the work within the Stream Corridor is completed.
STAFF RECOMMENDATION: Adopt Resolution approving amendment to Tract Developer
Agreement.
4.10 Resolution Making Findings, Granting the Appeal of Morgan King from the Decision of
the City Manager Finding that the Dog "Saake" is a Vicious Dog (File #500-40)
On August 30,2004, Morgan King appealed the Vicious Dog Hearing Director's
determination that the dog "Saake" is a vicious dog. At its October 5, 2004, meeting, the City
Council heard Mr. King's appeal pursuant to Dublin Municipal Code §5.36.080, which
provides that any person aggrieved by an administrative decision pursuant to §5.36, may
appeal the decision to the City CounciL After considering all documentary and oral
testimony, the Council by a straw vote indicated it would grant the appeaL
STAFF RECOMMENDATION: Adopt Resolution granting appeal.
4.11 Warrant Register ($932,610.46) dated October 19, 2004 (File # 300-40)
STAFF RECOMMENDATION: Approve
5. WRITTEN COMMUNICATIONS - None
6. PUBLIC HEARING
6.1 City of Dublin, Emergency Shelter and Transitional Housing Regulations, Zoning
Ordinance Amendment - Amendment to Chapter 8.08, Definitions; Chapter 8.12, Zoning
Districts and Permitted Uses of Land; Chapter 8.20, Residential Zoning Districts; Chapter
8.24, Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and Chapter
8.64, Home Occupations Regulations of the Zoning Ordinance, PA 04-029 (File #450-20)
This is the second reading of a Zoning Ordinance Amendment which would regulate the use
and development of emergency shelters and transitional housing for homeless persons in
Dublin, and other matters, to comply with the requirements of California State Government
Code Section 65863(a), Article 2, Planning and Zoning Law, and Goal F, Policy 1, and
Program F .1.1 of the Housing Element of the Dublin General Plan.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and adopt
Ordinance.
6.2 PA 04-023 Appeal of Planning Commission (PC) Approval of a Conditional Use Permit
(CUP) (Bryant) Request for a Minor Amendment to Planned Development District
P A 95-030 (File # 410-30)
This is an appeal of Planning Commission approval of a request for a CUP to allow a second-
story rear yard deck that will exceed the maximum lot coverage requirements ofPA 95-030,
allowing an increase of maximum lot coverage of approximately 1.6% pursuant to Section
8.32 of the Zoning Ordinance.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution
affirming the Planning Commission's decision and thereby denying the Appeal; - OR -
1) determine that the Planning Commission's action be affirmed with modifications and direct
Staff to prepare a Resolution affirming the PC decision with modifications; - OR - 2) determine
that the PC decision be reversed and direct Staff to prepare a Resolution reversing the PC
decision and denying the CUP application
6.3 Cancellation of the Commerce One Development Agreement (File # 600-60)
1òis is the first reading of an Ordinance which would cancel a Development Agreement (DA) between
the City of Dublin, Alameda County Surplus Property Authority and Commerce One. Items in the DA
include, but are not limited to, the financing and timing of infrastructure, payment of traffic, noise and
public facilities impact fees, improvements of roads, and general provisions. The DA is being
canceled because the project (Commerce One Headquarters) has been withdrawn and a new project
has been approved in its place.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and INTRODUCE
Ordinance.
6.4 Adoption of a Downtown Traffic Impact Fee (TIF) and Administrative Guidelines
(File # 390-20)
The establishment of the proposed Downtown Dublin Traffic Impact Fee program would provide a
funding mechanism to finance transportation improvements and facilities needed to reduce traffic-
related impacts caused by private development in Downtown Dublin.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution establishing a
Traffic Impact Fee for future developments within the Downtown Area of Dublin; adopt Resolution
establishing Administrative Guidelines related to Downtown TIF.
7. UNFINISHED BUSINESS
7.1 Establishment of Criteria Weighting Factors for Evaluation of Proposals for Solid Waste Collection
and Disposal Services (File # 810-20)
The City Council will establish priorities that will be used in evaluating solid waste collection and
disposal service proposals.
STAFF RECOMMENDATION: Assign a collective weighting factor percentage to each of the four
evaluation criteria.
7.2 Nonresidential Development Affordable Housing Impact Fee Study and Task Force
Recommendation P A 01-039 (File # 430-80)
Discussion of this agenda item was tabled at the October 21,2003 City Council meeting for a period
of one year due to economic conditions. Consideration of the Nonresidential Development Affordable
Housing Fee Study has been scheduled for this meeting, pursuant to Council direction.
STAFF RECOMMENDATION: Provide direction to Staff on: 1) whether a Nonresidential
Development Affordable Housing Impact Ordinance should be prepared at this time, and if so, whether a
Fee Resolutions should be prepared; 2) whether additional analysis should be prepared and presented to
City Council at a later meeting.
7.3 Approval of Final Estimate, Contract No. 01-10, Dublin Boulevard Widening - Village Parkway to
Sierra Court (File #600-35)
On May 18, 2004, the City Council accepted the Dublin Boulevard Widening improvements under
Contract No. 01-10 and directed Staff to send a proposed Final Estimate to Granite Construction for
the total amount payable to the Contractor. An analysis of the Contractor's exceptions to the Proposed
Final Estimate has been completed for the Dublin Boulevard Widening project, and it is now
recommended that the City Council approve an additional payment to the Contractor.
STAFF RECOMMENDATION: 1) Approve Budget Change for FY 2003-2004 in the amount of
$431,240 for the additional work; 2) Approve extension for the Dublin Boulevard Widening Project
through FY 2004-2005; 3) Approve Budget Change for FY 2004-2005 in the amount of$159,481 for the
additional work and $485,443 for the budget transfer from FY 2004-2005 to
FY 2003-2004; and 4) Approve Final Estimate for Contract No. 01-10, the Dublin Boulevard Widening ~
Village Parkway to Sierra Court.
8. NEW BUSINESS - None
9. OTHER BUSINESS
9.1 Brief INFORMATION ONL Y reports from Council and/or Staff, including Committee Reports
10. ADJOURNMENT
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the Americans with Disabilities Act of 1990 (42 U.S.c. Section 12132), and the federal rules and regulations adopted in implementation thereof.
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City Council Meeting # 665 Agenda Printed 1011312004 2'24:43 PM