HomeMy WebLinkAbout*CC Agenda 03-04-2008
REGULAR MEETING
Tuesday, Mal:'cb 4, 2008, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
D.UBLINCrFY COUNCIL
.. AGiE>N O.A ..
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ORAL COMMUNICATIONS
3.1 Proclamation - March 2008, American Red Cross Month (610-50)
3.2 Acceptance of Gift from Alameda County Fire Department (150-70)
The City Council will accept two automated external defibrillators (AED) units from the
Alameda County Fire Department (ACFD).
STAFF RECOMMENDATION: Accept the gift and direct Staff to prepare a formal
acknowledgement to the ACFD.
3.3 Public Comments
At this time, the public is permitted to address the City Council on noncagendized 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).
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 Joint Meeting of February 2, 2008
STAFF RECOMMENDA nON: Approve.
4.2 Proposal to Display Alameda County Fair Banners on City-Owned Light Poles in Dublin
(450-20)
In April, 2007, the City Council approved the placement of 24 Alameda County Fair Banners
on 12 City light poles and approved the design of the banners. This item is the Fair's 2008
request to place banners at 12 requested locations and to approve the design for the Fair's
banner.
STAFF RECOMMENDATION: Approve Alameda County Fair's request to display
promotional banners on 12 selected light poles in Dublin from May 23, 2008 to July 7, 2008 at
the proposed locations, approve the banner design, and authorize the City Manager to approve
similar requests from the Alameda County Agricultural Association in subsequent years.
March 4, 2008 City Council Agenda
Page 1 of7
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4.3 Authorization to Solicit Bids - Contract No. 08-01-San Ramon Road Wooden Soundwall
Repair and Painting (600-35)
This project will repair damaged face panels and repaint the wooden soundwall along the
western side of San Ramon Road.
STAFF RECOMMENDATION: Authorize Staff to solicit bids for Contract No. 08-01,
San Ramon Road Wooden Soundwall Repair and Painting.
4.4 Acceptance of Quarry Lane Offsite Tassajara Road Frontage Improvements and Approval
of Regulatory Traffic Control Devices (600-60/590-40)
Quarry Lane School and its contractor, Vila Construction, recently completed improvements
to Tassajara Road along the school frontage. The improvements consisted of pavement
reconstruction and widening, curb and gutter, sidewalk, landscaping, undergrounding of
overhead utility lines and construction of a traffic signal at the school driveway. Since the
improvements have now been completed, it is appropriate to accept the improvements for
maintenance and release the bonds that guaranteed the work.
STAFF RECOMMENDATION: Adopt Resolution Approving Acceptance of the Quarry Lane
School Offsite Tassajara Road Improvements and Approval of Regulatory Traffic Control
Devices.
4.5 Authorization to Prepare Engineer's Report for Street Lighting Maintenance Assessment
District 83-1 (360-20)
This assessment district pays the cost of energy maintenance for the City's street light system
except the lights that are included in Dublin Ranch Street Light Maintenance Assessment
District 99-1. This action authorizes City Staff to prepare the Engineer's Report for the
2008-09 assessment. A public hearing will be held prior to the levy of assessments.
STAFF RECOMMENDATION: Adopt Resolution Directing Preparation of Annual Report for
Street Lighting Maintenance Assessment District 83-1.
4.6 Authorization to Prepare Engineer's Report for Landscaping and Lighting Maintenance
Assessment District 83-2 (Stagecoach Road Area) (360-20)
This assessment district pays the cost of utilities and maintenance for landscaping
improvements along Stagecoach Road and on the "interior slopes" of the Dublin Hills Estates
development. This action authorizes City Staff to prepare the Engineer's Report for. the
2008-09 assessment. A public hearing will be held prior to the levy of assessments.
STAFF RECOMMENDATION: Adopt Resolution Directing Preparation of Annual Report for
Landscaping Maintenance Assessment District 83-2.
4.7 Authorization to Prepare Engineer's Report for Landscaping and Lighting Maintenance
Assessment District 86-1 (Villages as Willow Creek) (360-20)
This assessment district pays the cost of utilities and maintenance for certain landscaping
improvements associated with the Villages at Willow Creek development. This action
authorizes City Staff to prepare the Engineer's Report for the 2008-09 assessment. A public
hearing will be held prior to the levy of assessments.
STAFF RECOMMENDATION: Adopt Resolution Directing Preparation of Annual Report for
City of Dublin Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at
Willow Creek).
4.8 Authorization to Prepare Engineer's Report for Landscaping and Lighting Maintenance
Assessment District 97-1 (Santa Rita Area) (360-20)
This assessment district pays the cost of utilities and maintenance for certain landscaping
improvements within the Santa Rita development area. This action authorizes City Staff to
prepare the Engineer's Report for the 2008-09 assessment. A public hearing will be held
prior to the levy of assessments.
STAFF RECOMMENDATION: Adopt Resolution Directing Preparation of Annual Report for
Landscaping and Lighting Maintenance Assessment District 97-1.
March 4, 2008 City Council Agenda
Page 2 of7
4.9 Authorization to Prepare Engineer's Report for Street Lighting Maintenance Assessment
District 99-1 (Dublin Ranch) (360-20)
Assessment District 99-1 pays the cost of utilities and maintenance for the street lighting
system in Dublin Ranch and Tract 7067 (Clifden Parc). This action authorizes City Staff to
prepare the Engineer's Report for the 2008-09 assessment. A public hearing will be held
prior to the levy of assessments.
STAFF RECOMMENDATION: Adopt Resolution Directing Preparation of Annual Report for
Street Lighting Maintenance Assessment District 99-1, Dublin Ranch and Tract 7067.
4.10 Ordinance Implementing the Digital Infrastructure and Video Competition Act of 2006 by
Adding Chapter 3.22 (Video Service Provided by State Franchise Holders) to the
Municipal Code (660-60)
This is the second reading of an ordinance adding a section to the Dublin Municipal Code to
include a new franchising mechanism that applies to cable service providers which operate
within the City under a State Franchise Agreement. The City Council will also be updating
the fee schedule in support of Public, Education, and Governmental Programming facilities,
updating customer-service standards and penalties, and establish auditing and reporting
protocols required by the franchise holder.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Adding Chapter 3.22 to
the Dublin Municipal Code, Relating to Regulations for the Provision of Video Service by State
Franchise Holders; and adopt Resolution Adopting a Schedule of Penalties for the Material
Breach by the Holder of a State Franchise of Service Standards and Other Standards Specified in
Public Utilities Code Section 5900.
4.11 Declaration of Weeds and Combustible Refuse as a Public Nuisance (540-50)
In accordance with Dublin Municipal Code Section 5.70.030, the City Council may declare
that there is a public nuisance created by weeds and combustible debris growing,
accumulating upon the streets, sidewalks and property within the City of Dublin.
STAFF RECOMMENDATION: Adopt Resolution Declaring Weeds and Combustible Refuse a
Public Nuisance and Ordering the Abatement Thereof; and direct Staff to notify the public of the
adoption of this Resolution; and schedule public hearing for the April 15, 2008, City Council
meeting at which time the Council will hear and consider objections of this abatement order.
4.12 Termination of Emergency Action and Progress Report Regarding Remediation Work at
Dublin Civic Center (200-20)
The Civic Center incurred fire and water damage on December 18,2007. At its December 17,
2007 meeting, the City Council approved a declaration of emergency in order to allow a
waiver of competitive bid for necessary environmental remediation and building restoration.
This item terminates the declaration of emergency and provides an update on the progress of
the project to date.
STAFF RECOMMENDATION: Adopt Resolution Approving Termination of Emergency
Allowing Waiver of Competitive Bid Process and Emergency Contract for Environmental
Remediation in Dublin Civic Center.
4.13 Ordinance Amending Dublin Municipal Code (DMC) Chapter 4.12 Relating to Auctioneers
and Secondhand Dealers (660-60)
This is the second reading of an Ordinance Amending Chapter 4.12 of the DMC relating to
Auctioneers and Secondhand dealers.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Chapter 4.12
of the DMC relating to Auctioneers and Secondhand Dealers.
March 4, 2008 City Council Agenda
Page 3 of7
4.14 Ordinance Amending Ordinance No. 06-07, Which Created the Dublin Ranch East Side
Storm Drain Benefit District (which Includes the Property Within the City's Territorial
Limits to the East of Dublin Ranch and Fallon Road) to Include an Interest Component in
Accordance with the Subdivision Map Act (360-40)
The developers of Dublin Ranch constructed drainage facilities that also benefited other
property owners in the Eastern Dublin area. To reimburse the Dublin Ranch developer,
Ordinance No. 06-07 was adopted. The City Council will consider adopting an Ordinance to
adjust the reimbursement amounts for interest during the period between the completion of
the Storm Drain Improvements and the adoption of Ordinance No. 06-07.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Amending Ordinance
No. 06-07, which Made Findings, Adopted a Local Drainage Plan, and Created the Dublin Ranch
East Side Storm Drain Benefit District, a Local Benefit District to Levy and collect Charges, as a
Condition of Development, to Reimburse Developers Who Construct and Install Drainage
Facilities that Benefit Properties Other than Their Own.
4.15 Warrant Register ($1,091,050.77) dated March 4, 2008 (300-40)
STAFF RECOMMENDATION: Approve.
5. WRITTEN COMMUNICATIONS - None
6. PUBLIC HEARINGS
6.1 CEQA Addendum, General Plan Amendment, Eastern Dublin Specific Plan Amendment,
PD-Planned Development Rezone with Stage 1 Development Plan Amendment and Stage 2
Development Plan for the 7-Acre Residential Portion of the Anderson Property Located at
3457 Croak Road (400-20/420-30/410-55/450-30)
Braddock & Logan is requesting approval of a General Plan Amendment and Eastern Dublin
Specific Plan Amendment to change the existing land use designation from Medium Density
to Medium-High Density, and a PD-Planned Development rezone with a Stage 1
Development Plan Amendment and Stage 2 Development Plan to allow a 108-unit apartment
project consisting of 78 affordable units to satisfy a portion of the Inclusionary Zoning
obligation for the Positano development, 10 affordable units to satisfy the Inclusionary
Zoning obligation for the Anderson property, 19 market rate units and one manager's unit.
STAFF RECOMMENDATION: Conduct public hearing; deliberate, and adopt Resolution
Adopting a CEQA Addendum to the 1993 Final Environmental Impact Report for the Eastern
Dublin General Plan Amendment and Specific Plan, the 2002 East Dublin Property Owners
Supplemental Environmental Impact Report, and the 2005 Fallon Village Supplemental
Environmental Impact Report and Adopting Related Statements of Overriding Considerations;
and adopt Resolution Approving a General Plan/Eastern Dublin Specific Plan Amendment to
Change the General Plan and Eastern Dublin Specific Plan Land Use Designation for the 7-Acre
Residential Portion of the Anderson Property to Medium-High Density Residential; and waive
reading and INTRODUCE Ordinance Approving a PD-Planned Development Rezone with an
Amended Stage 1 Development Plan and a Stage 2 Development Plan for the 7-Acre Residential
Portion of the Anderson Property; and provide Staff with direction regarding the Affordable
Housing Agreement and the number of affordable units that should be included on the Anderson
property.
March 4, 2008 City Council Agenda
Page 4 of7
6.2 Consideration of an Ordinance Amending and Restating Ordinance No. 12-02 Which
Created Dublin Ranch West Side Storm Drain Benefit District (which includes the Western
Portion of Dublin Ranch and Dublin Land Co. Property along Tassajara Road) to Reflect
Actual Costs of Construction and Include an Interest Component in Accordance with the
Subdivision Map (360-40)
On July 16, 2002, Ordinance No. 12-02 was adopted as a means to require development
within the same watershed to reimburse the Developers of Dublin Ranch for the costs
required to construct drainage improvements with additional capacity that benefits other
property owners. Since the District was established, three developers have constructed all of
the drainage facilities, which leaves only one property owner to satisfy the obligation
originally contained in Ordinance No. 12-02. The City Council will consider adopting an
ordinance to adjust the actual cost of the improvements and determine the methodology for
calculating interest.
STAFF RECOMMENDATION: Conduct public hearing; deliberate, waive reading and
INTRODUCE Ordinance Amending and Restating Ordinance Making Findings, Adopting a
Local Drainage Plan, and Creating the Dublin Ranch West Side Storm Drain Benefit.District, a
Local Benefit District to Levy and Collect Charges, as a Condition of Development, to
Reimburse Developers who Construct and Install All Drainage Facilities that Benefit Properties
Other than Their Own.
6.3 Urgency and Non-Urgency Ordinances Adding Chapter 5.90 to the Dublin Municipal Code
Relating to Prohibiting Knives and Concealed Weapons in City Council Chambers (660-60)
This is the first reading of an urgency ordinance and subsequent non-urgency ordinance
related to prohibiting knives and concealed weapons in the City Council Chambers.
STAFF RECOMMENDATION: Conduct public hearing; deliberate, waive reading and
INTRODUCE Urgency Ordinance Adding Chapter 5.90 to the Dublin Municipal Code Relating
to Knives and Concealed Weapons in City Council Chambers; and waive reading and
INTRODUCE Ordinance Adding Chapter 5.90 to the Dublin Municipal Code Relating to Knives
and Concealed Firearms in City Council Chambers.
7. UNFINISHED BUSINESS
7.1 Establishing a Policy Prohibiting Tobacco Company Sponsorship of City Events and City
Event Publications (560-90)
The City Council will consider the establishment of a City policy wherein the City of Dublin
would neither solicit nor accept the sponsorship of City events, nor include advertising media
within City event publications, from a tobacco company or tobacco-related entity. This would
only apply to businesses or organizations whose primary business is related to tobacco
products.
STAFF RECOMMENDATION: Adopt Resolution Establishing a Policy Prohibiting Tobacco
Company Sponsorship of City Events and City Event Publications.
8. NEW BUSINESS
8.1 Fiscal Year (FY) 2007-08 Mid-Year Budget Review and December 2007 Monthly Report of
Financial Activities (330-50)
Staff has prepared a detailed Mid-Year Budget Review to identify any material deviations
from the adopted Fiscal Year 2007-08 Budget. The primary focus of the report is on the
General Fund, which accounts for the majority of City operations. Staff has identified
proposed adjustments to Revenues and Expenditures. This item also provides the report of
the financial statements for the month of December 2007.
STAFF RECOMMENDATION: Receive report and approve Budget Changes.
March 4, 2008 City Council Agenda
Page 5 of7
8.2 Annual Audit Report for Fiscal Year 2006-2007 and Designation of Fund Balances (310-30)
The City of Dublin has compiled and published its Comprehensive Annual Financial Report
(CAFR), for the fiscal year ending June 30, 2007. This report includes financial statements
prepared by Caporicci and Larson (C&L), the independent auditors selected by the City
Council.
STAFF RECOMMENDATION: Accept reports and, after consideration of the other capital
improvement agenda items included on this City Council Agenda (Historic Park, Kolb Historic
House, Competitive Pool Location, and Fallon Sports Park), determine how the 2006-2007 year-
end General Fund surplus should be designated.
8.3 Dublin Historic Park Master Plan Addendum - Kolb Ranch Relocation (295-10/920-30)
The City Council will consider an addendum to the Dublin Historic Park Master Plan that
outlines options for relocating structures from the Kolb Ranch to the Dublin Historic Park.
STAFF RECOMMENDATION: Determine which option, if any, incorporating structures from
the Kolb Ranch should be included in the Dublin Historic Park Master Plan; and provide
direction on how the funding shortfall should be addressed by selecting one or a combination of
the following options: a) Eliminate features of the existing Master Plan (savings $141,275 -
$1,371,880); or b) Utilize a portion of the 2006-2007 Year End Surplus.
8.4 Kolb Trust Donation Agreement (295-10)
The City Council will consider an agreement accepting the donation from the William P. Kolb
Revocable Trust of the Kolb Home, Related Structures and Personal Effects.
STAFF RECOMMENDATION: Authorize the City Manager to execute the Donation
Agreement pending City Council approval of moving any of the Kolb Ranch structures.
8.5 Fallon Sports Park Phase I Design (920-60)
The design for Phase I development is scheduled to begin in Fiscal Year 2007-2008 and
construction to commence in Fiscal Year 2008-2009. The City's landscape architectural
consultant has prepared the Preferred Scheme for Phase I based on the input from the
community design process. Staff, along with the City's consultant, will present the Preferred
Scheme along with information on the synthetic turf option for the two soccer fields.
STAFF RECOMMENDATION: Approve Preferred Scheme for Fallon Sports Park Phase I and
authorize Consultant to proceed with preparation of construction documents or provide alternate
recommendations. Determine soccer field surfacing preference; if synthetic turf is preferred,
provide direction on how the funding shortfall should be addressed.
8.6 Feasibility of Relocating Future Competitive Pool from Emerald Glen Park to the Dublin
Swim Center (290-30)
The City Council will receive a report of the preliminary feasibility study done on the
relocation of the deep-water competitive pool planned for Emerald Glen Park to the existing
Dublin Swim Center site, adjacent to Dublin High School.
STAFF RECOMMENDATION: Select the preferred location for the competitive pool. If the
Swim Center is the preferred location: a) Authorize the City Manager to execute an agreement,
not to exceed $38,500, with an architect and soils engineer to prepare a comprehensive analysis
and cost estimate for consideration as part of the Fiscal Year 2008-2009 budget; b) Approve
budget change; c) Direct Staff to schedule a meeting of the City of DublinlDublin Unified
School District Liaison Committee to discuss a potential partnership for the project; and
d) Provide direction to Staff on financing options.
8.7 Contract Services Agreement - Bus Shelters Capital Improvement Project (600-35)
The City Council will receive an update on the Bus Shelter Capital Improvement Project, with
a request to approve the inclusion of artwork for two additional shelters and authorize Staff to
enter into a contract with an arts coordinator to assist with the project.
STAFF RECOMMENDATION: Authorize approval by Staff of contracted services agreement;
and approve the inclusion of artwork for two additional shelters in the Bus Shelter CIP
No. 94252.
March 4, 2008 City Council Agenda
Page 60f7
8.8 Request From Vice Mayor Sbranti to Designate a Street for Naming by a Non-Profit
Organization (820-60)
This request proposes to utilize the City's street naming policy for non-profit organizations to
raise funds to benefit Easter Seals. The City Council will consider approving the request to
designate a street within the Positano development, which is located in eastern Dublin.
STAFF RECOMMENDATION: Approve the request to designate a street within Positano for
naming by a non-profit organization subject to the provisions of the City of Dublin's policy for
street naming by or for benefit of non-profit organizations.
8.9 Authorization to Attend Climate Innovation Summit in Albuquerque, New Mexico on
May 14 -16, 2008 (100-60)
There is a request from Councilmember Hildenbrand to attend the upcoming Climate
Innovation Summit in Albuquerque, New Mexico on May 14-16,2008.
STAFF RECOMMENDATION: Authorize out of state travel of Councilmember Hildenbrand to
attend the Climate Innovation Summit in Albuquerque, New Mexico.
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 (AD 1234).
10. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code section 54956.8
Property: Alameda County Assessor's Parcel 941-2768-006-01 (County of Alameda parcel) and
Alameda County Assessor's Parcel 941-2768-006-02 (Union Pacific Railroad Company parcel)
Agency Negotiator: Richard Ambrose, City Manager
Negotiating Parties: County of Alameda; Union Pacific Railroad Company
Under Negotiation: Price and terms of payment
11. REPORT ON CLOSED SESSION
12. ADJOURNMENT
- In memory of our fallen troops.
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 D.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.
Agenda Printed 2/2812008 12:27:51 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.
March 4, 2008 City Council Agenda
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