HomeMy WebLinkAbout*CC Agenda 11-06-2007
REGULAR MEETING
Tuesday, November 6, 2007, 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.)
I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9, subdivision a
City of Dublin v. Ralph Gil, et aI, Alameda Superior Court No. VG05241773
II. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9, subdivision a
Name of case: Arroyo Vista Tenants Association, Rhenea Keyes, Andres Arroyo, Darlene
Brown, Elise Veal v. City of Dublin, Dublin Housing Authority; Housing Authority of
Alameda County; and Does 1 through 20, inclusive, Alameda County Superior Court RG
07351015
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: Anthony Romero, Code Enforcement Officer; Angela H.
Gamez, Recreation Technician (700-10)
3.2 Appointments to Citizens/Organization of the Year Ad Hoc Committee (610-30)
Each year, the City of Dublin recognizes a citizen, young citizen and organization of the year
at its Volunteer Recognition Event. As part of this process, and Ad Hoc Committee
comprised of two Dublin Councilmembers is needed to perform duties including arranging for
impartial judging and selection of winners. The City Council will consider appointment of
two Councilmembers to the Ad Hoc Committee.
STAFF RECOMMENDATION: Confirm the appointment of Mayor Lockhart and
Councilmember Sbranti to the Citizens/Organization of the Year Ad Hoc Committee.
3.3 Public Comments
At this time, the public is permitted to address the City Council on non-(!gendized 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).
November 6, 2007 Dublin City Council Agenda
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" t"
4. CONSENT CALENDAR
ConsenLCalendar 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 October 2, 2007, Special Meeting of October 3, 2007 and
Regular Meeting of October 16, 2007
STAFF RECOMMENDATION: Approve.
4.2 Budget Carryovers and Adjustments from Fiscal Year 2006-2007 to Fiscal Year 2007-2008
(330-40)
As part of the process of reviewing the Final Financial Reports for Fiscal Year 2006-2007,
Staff noted that several Capital Projects and operating expenditure lines items originally
anticipated to be completed in 2006-2007 will not be completed until Fiscal Year 2007-2008.
The City Council will consider changes to the 2007-2008 Budget to carryover funds for these
items.
STAFF RECOMMENDATION: Approve the Budget Changes.
4.3 Emerald Place Retail Center (450-30)
The City Council will review and take action on the application for a Stage 1 Planned
Development Rezoning for a 305,000 square foot retail shopping center. This is the second
reading of an item originally heard by the City Council on October 2, 2007.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Approving Amending the
Zoning Map to Rezone Property to the PD- Planned Development Zoning District and
Approving a Related Stage 1 Development Plan for the Emerald Place Retail Center Project,
PA 07-019.
4.4 Authorization to Solicit Bids for Contract No. 07-10, Village Parkway Soundwall Painting
(600-35)
This project would repaint the street side of the concrete soundwall on both sides of Village
Parkway between Amador Valley Boulevard and the northern City Limit. The project budget
includes removal of vines and other plant material from the surface to be painted.
STAFF RECOMMENDATION: Authorize Staff to solicit bids for Contract No. 07-10, Village
Parkway Soundwall Painting.
4.5 Annexation of Fallon Village (Tract 7586) to the Dublin Ranch Street Lighting
Maintenance District No. 99-1 (360-20) .
The Dublin Ranch Street Lighting Assessment District No. 99-1 funds the electric energy,
maintenance, and repair costs associated with the decorative street lighting within Dublin
Ranch. This assessment district was formed in 1999 at the request of the developers in Phase
I of Dublin Ranch. This action will annex Fallon Village (tract 7586) to the District.
ST AFF RECOMMENDATION: Adopt Resolution Ordering the Annexation of Fallon Village
(Tract 7586) to the Dublin Ranch Street Lighting Maintenance Assessment District 99-1.
4.6 Devany Square Consultant Services Change Order (600-30)
On October 3, 2006, the City Council approved an Agreement with Callander Associates
Landscape Architecture Inc. to complete design services for Devany Square (formally known
as Area G Square). Staff is seeking additional services through the construction phase of the
project.
STAFF RECOMMENDATION: Approve Change Order #2 for Callander Associates Landscape
Architecture Inc. in the amount of$5,727.
November 6, 2097 Dublin City Council Agenda
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4.7 Approval of Tract Improvement Agreement with Lennar Homes of California, Inc., for
Tract 7282, and Acceptance of Improvements and Approval of Regulatory Traffic Control
Devices for Brannigan Street (600-60)
Standard Pacific Corp has sold its Tract 7282 property to Lennar Homes of California, Inc.,
and proposes to transfer its obligations under the original Tract Improvement Agreement to
the buyer. As part of the Tract 7282 improvements, the developer has completed roadway
improvements for Brannigan Street. The City Council will also consider accepting the
Brannigan Street improvements prior to accepting the full Trace 7282 improvements in order
to provide improved access to Fallon School for residents south of Gleason Drive.
STAFF RECOMMENDATION: Adopt Resolution Approving Tract Improvement Agreement
with Lennar Homes of California, Inc., for Tract 7282, and Accepting Improvements and
Approving Regulatory Traffic Control Devices for Brannigan Street.
4.8 City Treasurer's Investment Report for 1st Quarter 2007-2008 (320-20)
The City's investment portfolio totals $101,563,339.52 (market value). As of September 30,
2007, funds were invested at an average yield of 4.582%.
STAFF RECOMMENDATION: Receive report.
4~9 Preliminary Financial Reports for the Month of July, August, and September 2007 (330-50)
This item provides the report of the financial statements for the month of July, August, and
September 2007.
STAFF RECOMMENDATION: Receive reports.
4.10 Resolution Setting a Public Hearing on the Formation of the Fallon Village Geologic
Hazard Abatement District (360-60)
This is the first step in the formation process of a Geologic Hazard Abatement District in the
Fallon Village Development. Adoption of the resolution will set a public hearing and require
that a Notice of Hearing be transmitted to each owner of real property to be included in the
proposed district.
STAFF RECOMMENDATION: Adopt Resolution Setting a Public Hearing on the formation of
the Fallon Village Geologic Hazard Abatement District.
4.11 Consulting Services Agreement with R3 Consulting Group (600-30)
The City Council will consider approving an agreement with R3 Consulting Group to provide
services in conjunction with the City's creation of a commercial recycling incentive program
for its waste hauler, Amador Valley Industries.
STAFF RECOMMENDATION: Adopt Resolution Approving a Consulting Services
Agreement with R3 Consulting Group.
4.12 Approval of Sale Agreement with Ohlone Preserve Conservation Bank for Purchase of
Conservation Credits for the I-580/Fallon Road Interchange Improvement Project (600-30)
The U. S. Fish and Wildlife's Biological Opinion for the proposed I-580/Fallon Road
Interchange Improvement Project requires the purchase of 10.6 acres of combination
California tiger salamander/California red-legged frog conservation credits at the Ohlone
Preserve Conservation Bank to offset project impacts to these two threatened species.
Approval of the Sale Agreement with Ohlone Preserve Conservation Bank will formalize the
purchase of conservation credits for said improvement project.
STAFF RECOMMENDATION: Adopt Resolution Approving Sale Agreement with Ohlone
Preserve Conservation Bank for Purchase of Conservation Credits for the I-580/Fallon Road
Interchange Improvement Project, and authorize the Mayor to sign said agreement.
4.13 Warrant Register ($4,076,842.92) dated November 6,2007 (300-40)
STAFF RECOMMENDATION: Approve.
5. WRITTEN COMMUNICATIONS - None
November 6, 2007 Dublin City Council Agenda
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6. PUBLIC HEARINGS
6.1 Mitigated Negative Declaration, West Dublin BART Specific Plan Amendment, Stage 1
Development Plan Amendment and Stage 2 Planned Development Rezone for a 309-Unit
Residential Community, P A 06-009 Windstar (400-20/410-55/450-30)
The City Council will consider a Mitigated Negative Declaration, West Dublin BART
Specific Plan Amendment, Stage 1 Development Plan Amendment and Stage 2 Planned
Development Rezone to allow the construction of a 309 unit residential development.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution
Adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program
for the Windstar Project (P A 06-009); adopt Resolution Approving Amendments to the West
Dublin BART Specific Plan for the Windstar Project, P A 06-009; and waive reading and
INTRODUCE Ordinance Approving a PD-Planned Development Rezoning to Amend the
Adopted Stage 1 Development Plan and Adopt a Stage 2 Development Plan for the Windstar
Project (APN 941-1500-046-01), PA 06-009.
6.2 An Ordinance Repealing and Adopting New Chapters 5.08, "Fire Code," and 7.32,
"Building Code," and Amending Chapters 7.28, "Building Regulation Administration,"
7.36, "Electrical Code," 7.40, "Plumbing Code," and 7.44, "Mechanical Code," of the
Dublin Municipal Code (610-20)
The City Council will review an Ordinance repealing and adopting new chapters to the Dublin
Municipal Code. (First Reading)
STAFF RECOMMENDATION: Conduct public hearing; deliberate and adopt Resolution
Approving Findings Regarding the Need for Amendments to Provisions in the California
Building Standards Code as Adopted by the State of California, in the California Code of
Regulations, Title 24, to be Adopted by Reference in the Dublin Municipal Code; and waive
reading and INTRODUCE Ordinance Repealing Chapters 5.08, "Fire Code," and 7.32, "Building
Code," Adding Chapters 5.08, "Fire Code," and 7.32, "Building Code," and Amending Chapters
7.28, "Building Regulation Administration," 7.36, "Electrical Code," 7.40, "Plumbing Code,".
and 7.44, "Mechanical Code," of the Dublin Municipal Code in Order to Adopt by Reference
and Amend the Provisions of the 2007 Edition of the California Building Standards Code, Title
24, California Code of Regulations.
6.3 Amendment of Dublin Municipal Code Chapter 2.40 Relating to Unclaimed Property and
Addition of Definition for the Term "County" to Dublin Municipal Code Section 1.04.020
(610-20)
As part of a comprehensive update to the Dublin Municipal Code, the City Council
considered an ordinance regarding a proposed amendment to Chapter 2.40 Relating to
Unclaimed Property at its June 5,2007, City Council meeting. At that meeting, the Council
directed Staff to revise the ordinance to establish a "lost and found" for property turned into
the City and to provide for notification of found items on the City's website. .
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE Ordinance Amending Chapter 2.40 of the Dublin Municipal Code relating to
Unclaimed Property and Adding a Definition to Section 1.04.020 of the Dublin Municipal Code.
6.4 To Consider Adoption of a Resolution of Necessity to Condemn Interest in Real Property at
11837 Dublin Boulevard for Capital Improvement Program (CIP) Project No. 95556 -
Dublin Historic Park Acquisition (Heritage Center Expansion) (295-30)
In order to move ahead with the Heritage Center Expansion, the City must acquire interest in
real property at 11759 Dublin Boulevard.
STAFF RECOMMENDATION: Conduct public hearing; deliberate and adopt Resolution
Determining that the Public Interest and Necessity Require the Acquisition of Certain Property
Interests and Directing the Filing of Eminent Domain Proceedings for the Capital Improvement
Program (CIP) Project No. 95556 - Dublin Historic Park Project (Heritage Center Expansion).
November 6, 2007 Dublin City Council Agenda
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7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
8.1 Ad~ition of Crossing Guard and Safety Improvements at Tassajara Road/Gleason Drive
Intersection (590-40/590/50)
The City Council will consider placement of a crossing guard and safety improvements at the c
intersection of Tassajara Road/Gleason Drive for improved pedestrian access safety to/from
Eleanor Murray Fallon School.
STAFF RECOMMENDATION: Approve the addition of a crossing guard and other safety
improvements at the intersection of Tassajara Road/Gleason Drive to improve pedestrian
access safety at Eleanor Murray Fallon School; and approve budget change to the Crossing
Guards operating budget in the amount of $7,769 for Fiscal Year 2007-2008.
8.2 Initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study of a
Portion of Property Known as Area H of Dublin Ranch, or Commonly Known as the
Grafton Plaza Site (410-55/420-30)
The City Council will decide if the City should undertake a General Plan Amendment/Eastern
Dublin Specific Plan Study for a portion of property known as Area H of Dublin Ranch, or
commonly known as the Grafton Plaza site.
STAFF RECOMMENDATION: Adopt Resolution Approving the Initiation of a General Plan
and Eastern Dublin Specific Plan Amendment Study, including Direction from the City Council
as to the Appropriate Mixture of Land Uses and the Appropriate Building Height Ranch; OR
adopt Resolution Approving the Initiation of a General Plan and Eastern Dublin Specific Plan
Amendment Study for the Project as Proposed by the Applicant; OR adopt Resolution Denying
the Project Request.
8.3 Fallon Sports Park Phase I - Landscape'Architectural Services (600-30)
As approved in the 2006-2011 Capital Improvement Program, design of Fallon Sports Park
Phase I will begin in Fiscal Year 2007-2008. Staff is seeking City Council authorization to
contract with Carducci and Associates, Incorporated to complete the community design
process through construction documents and bidding.
STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement with Carducci and
Associates, Incorporated for Fallon Sports Park Phase I.
8.4 Designation by City Council of an Ad Hoc Audit Review Committee (110-30)
. The independent auditors from the firm of Caporicci and Larson will soon complete the
Comprehensive Annual Financial Report (CAFR) for the year ending June 30, 2007. City
Council will establish an Ad Hoc Committee to review the report with the Auditors.
STAFF RECOMMENDATION: Designate two members to serve for a limited time on the
Audit Ad Hoc Committee and will meet with the City Auditors to review and discuss the audit
report for the period ending June 30, 2007.
8.5 Mediation in Appeals Before City Council (610-25)
At the October 17, 2006 City Council meeting, the Council asked whether requiring parties to
mediate would save City time by resolving disputes early in the administrative process. This
report details further analysis on the subject completed by Staff and the City Attorney's
Office.
STAFF RECOMMENDATION: Receive the report and provide Staff with direction.
9. OTHER BUSINl:SS
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).
November 6, 2007 Dublin City Council Agenda
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10. ADJOURNMENT
- In memory of our fallen troops.
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
Ifrequested, 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 # 759 Agenda Printed 11/1/2007 3:45:21 PM
Mission
The City of Dublin promotes and supports a high quality of life that ensures a safe 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 heritage. 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.
November 6, 2007 Dublin City Council Agenda
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