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HomeMy WebLinkAbout*01-19-2016 CC Agenda REGULAR MEETING Tuesday,January 19, 2016 DUBLIN CIVIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL AGENDA • Agendas and Staff Reports are posted on the City's Internet Website (www.dublin.ca.gov) • Agendas may be picked up at the City Clerk's Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650. • A complete packet of information containing Staff Reports and exhibits related to each item is available for public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Councilmembers less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk's Office and also at the Dublin Library. CALL TO ORDER & CLOSED SESSION 6:30 P.M. I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph(4) of subdivision(d) of Section 54956.9: 1 case II. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney REGULAR MEETING 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. Employee Introduction: Darla Murtaugh, Office Assistant II for Public Works; and Robert Paley,Assistant Planner for Community Development New members of City Staff will be introduced: Darla Murtaugh, Office Assistant II for Public Works; and Robert Paley, Assistant Planner for Community Development. STAFF RECOMMENDATION: Welcome City of Dublin Staff members. 3.2. Acceptance of Donation Grant from the Altamont Cruisers Car Club Dublin Police Services' Crime Prevention Unit has been given a generous donation from the Altamont Cruisers Car Club. The donation amount of$2,500 will be used for the DARE program and "Every 15 Minutes" Program. The Dublin City Council will present the Altamont Cruisers Car Club with a Certificate of Appreciation for their donation. STAFF RECOMMENDATION: Accept the $2,500 donation and formally recognize the donor. 3.3. Acceptance of Gifts to City from Dublin Senior Center Sponsors The City Council will receive a report on the donors and sponsors that provided monetary contributions to support the City of Dublin Senior Center programs and events during 2015. STAFF RECOMMENDATION: Recognize the sponsors and formally accept the contributions. January 19,2016 Dublin City Council Agenda Page 1 of 6 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). 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 the December 15,2015 Regular City Council Meeting The City Council will consider approval of the minutes of the December 15, 2015 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the December 15, 2015 Regular City Council meeting. 4.2. Drought Emergency Continuance On March 18, 2014, the City Council adopted a Resolution declaring a State of Emergency in the City of Dublin due to extreme drought conditions within the State and City. The City Council will consider continuing the State of Emergency for an additional 30 days. STAFF RECOMMENDATION: By motion, as required by Government Code Section 8630(c), which states that the City Council shall review the need for continuing a local emergency at least once every 30 days until the governing body terminates the local emergency, continue the State of Emergency that was declared on March 18, 2014, based on the fact that extreme drought conditions continue to exist within both the State of California and City of Dublin, and the threat to the safety and welfare of Dublin residents remains. 4.3. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from December 1, 2015 — December 31, 2015 totaling $9,402,303.45. STAFF RECOMMENDATION: Receive the report. 4.4. Housing Related Parks Grant 2015 Program Year Application The California Department of Housing and Community Development Housing-Related Parks (HRP) Program provides non-competitive grant funding for parks and recreation facilities to cities that develop housing that is affordable to very low- and low-income households. City staff is preparing an application for the 2015 designated program year, seeking funds to improve the Dublin Sports Grounds. The application must include a City Council resolution supporting the application and naming an authorized person to execute grant-related documents if funds are awarded. STAFF RECOMMENDATION: Adopt the Resolution Authorizing an Application for Housing-Related Parks Grant Funds for the 2015 Designated Program Year. 4.5. Award for Excellence in Information Technology Practices and National Designation as a Citizen Engaged Community The City Council will accept the City's Excellence in Information Technology Practices Award for 2015 from the Municipal Information Systems Association of California. The City Council will also confirm the City's designation by the Public Technology Institute as a Citizen-Engaged Community. STAFF RECOMMENDATION: Accept the City's Excellence in Information Technology Practices Award for 2015, and confirm the City's designation as a Citizen-Engaged Community. January 19,2016 Dublin City Council Agenda Page 2 of 6 4.6. Request to Modify Sewer Capacity Assistance for Dublin Brewing Company, formerly known as Amador Station Bar & Grill In Fiscal Year 2014-15, the City Council allocated resources via the Sewer Capacity Assistance Program to Amador Station Bar & Grill, to be used at 7400 Amador Valley Boulevard to offset costs for improvement. Amador Station Bar & Grill has requested that the approval to enter into the agreement be revised in the following ways: 1) relocate the allocation to the business' new location at 7370 and 7372 San Ramon Road; and 2) revise the business name from "Amador Station Bar & Grill" to "Dublin Brewing Company." STAFF RECOMMENDATION: By motion, approve the request to revise the approval for Dublin Brewing Company. 4.7. Acceptance of Tract Improvements for Tract 7929, Dublin Transit Center, Site C-2 (Avalon Dublin Station II, L.P.) Avalon Dublin Station II, L.P., a Delaware Limited Partnership, has constructed the improvements for Tract 7929, Dublin Transit Center Site C-2, in accordance with their Tract Improvement Agreement. It is now appropriate for the City to accept these improvements and release the associated Faithful Performance Bonds and Labor& Materials Bonds. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Tract Improvements for Tract 7929, Dublin Transit Center, Site C-2. 4.8. Approval of Final Map and Tract Improvement Agreement, and Acceptance of Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8169, Wallis Ranch,Neighborhood 8 (TH WR-8 Venture LLC) TH WR-8 Venture LLC, a Delaware Limited Liability Company, is filing a Final Map for Tract 8169 (Wallis Ranch, Neighborhood 8) to create 139 lots for the construction of 139 homes. Tract 8169 is bounded on the north and the west by Cameros Lane, on the south by Windsor Way, and on the east by Stags Leap Lane. STAFF RECOMMENDATION: Adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 8169, Wallis Ranch, Neighborhood 8; and adopt the Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8169, Wallis Ranch,Neighborhood 8. 4.9. Fallon Park Public Art Agreement The City Council will consider approval of a Public Art Agreement between the City of Dublin and Heath Satow to design, fabricate and install an artwork at Fallon Sports Park. The dimensions of the sculpture have been slightly increased from 28 feet tall to 31 feet tall, on a base that has been increased from 12 feet wide by 12 feet deep, to 13 feet wide by 13 feet deep, to improve visibility of the artwork. STAFF RECOMMENDATION: Adopt the Resolution Approving a Public Art Agreement with Heath Satow for the Fallon Sports Park Public Art Project. 4.10. Award of Bid—Project ST0815A Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 Phase 1 of the Amador Plaza Road Bicycle and Pedestrian Improvements project will construct two mid-block crosswalks which include curb extensions, median island refuge areas, and Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning devices. The project will also construct a raised median island at the southern driveway in front of the Safeway property. These improvements will increase pedestrian safety and improve traffic circulation in the downtown area. STAFF RECOMMENDATION: Adopt the Resolution Awarding Contract No. ST0815A Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 to FBD Vanguard Construction, Inc. January 19,2016 Dublin City Council Agenda Page 3 of 6 4.11. Acceptance of Work—Contract No. 15-07,2015 Annual Slurry Seal Program The City Council will consider accepting the Annual Slurry Seal Program (CIP No. ST5115) which provided for the seal coating of 21 city street segments with a slurry seal, asphalt pavement replacement of two cul-de-sacs, and crack sealing of 12 street segments that will prolong the life of the pavement surfacing. The project was successfully completed on time and within budget. Staff is also recommending replacing a portion of the current State Gas Tax funding allocation to the project with available Measure B Funds. STAFF RECOMMENDATION: Adopt the Resolution Accepting Improvements for Contract No. 15-07, 2015 Annual Slurry Seal Program; authorize the City to release retention after 35 days if there are no subcontractor claims; and, approve the budget change. 4.12. Approval of a Consulting Services Agreement to Design and Install Wi-Fi with the Downtown Area The City Council will consider approving an agreement with SmartWave Technologies LLC for the design and installation of a no-fee public access Wi-Fi system within a portion of the Downtown area. STAFF RECOMMENDATION: Approve the agreement with SmartWave Technologies LLC, and approve the budget change form. 4.13. Approval of Proposed Calendar for Development of FY 2016-17 and FY 2017-18 Biennial Budget The City Council will consider approval of a calendar of key dates to guide the development of the City's FY 2016-17 and FY 2017-18 Budget and Financial Plan. STAFF RECOMMENDATION: Approve the budget calendar to guide the development of the City's FY 2016-17 and FY 2017-18 Budget and Financial Plan. 4.14. Amendment No. 2 to the Development Agreement between the City of Dublin and Dublin Crossing LLC related to the Dublin Crossing Project On October 20, 2015, the City Council approved minor insubstantial modifications to the Deublin Crossings Development Agreement, which includes changes to the Arnold Road frontage and elimination of the requirement to underground the large PG &E electric transmission lines along Arnold Road and along Scarlett Drive across Dublin Blvd. The developer (Dublin Crossing LLC) and City Staff have agreed upon community benefits (detailed in the Staff Report) that would be provided in conjunction with the City's approval of these revisions. To implement these changes, the City Council will consider introducing an Ordinance approving an Amendment No. 2 to the Development Agreement between the City of Dublin and Dublin Crossing LLC related to the Dublin Crossing Project. STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Approving Amendment No. 2 to the Development Agreement between the City of Dublin and Dublin LLC related to the Dublin Crossing Project, and adopt the Resolution Adopting a CEQA Addendum for Amendments to the Development Agreement Related to the Dublin Crossing Project. 5. WRITTEN COMMUNICATION—None. 6. PUBLIC HEARINGS 6.1. Update to the Downtown Traffic Impact Fee and Related Amendments to the City of Dublin Consolidated Impact Fee Administrative Guidelines The City Council will consider an update to the City's Downtown Traffic Impact Fee and related amendments to ensure consistency with the City's Consolidated Impact Fee Administrative Guidelines. The update to the Downtown Traffic Impact Fee will address the City, regional, and State shift in focus from vehicular traffic to a more balanced transportation model, including pedestrians and bicycles, and will also reflect the current goals and objectives of the City. Additionally, the update will include a new name, the Western Dublin Transportation Impact Fee, reflecting the fact that the fee is applicable January 19,2016 Dublin City Council Agenda Page 4 of 6 to all of the areas of Dublin west of Dougherty Road and the Iron Horse Trail. STAFF RECOMMENDATION: Conduct the public hearing; deliberate; and adopt the Resolution Updating the Downtown Traffic Impact Fee for Future Developments Within the Western Dublin Area, Renaming it the Western Dublin Transportation Impact Fee, and Updating the City of Dublin Consolidated Impact Fee Administrative Guidelines 6.2. Amendments to Dublin Municipal Code Chapter 5.58 (Medical Marijuana Dispensaries), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Several new state laws regarding medical marijuana activities went into effect in 2016, including Assembly Bill 243 ("AB 243"), which establishes a dual licensing structure for medical marijuana cultivation. A person wishing to cultivate medical marijuana must receive a license from the California Department of Food & Agriculture ("DFA"), as well as a license,permit or entitlement from the local jurisdiction where the cultivation is to take place. However, AB 266 provides that if a local jurisdiction does not have a land use regulation or an Ordinance prohibiting or regulating medical marijuana cultivation in effect before March 1, 2016, then the DFA will be the sole licensing authority for the medical marijuana cultivation in that jurisdiction. The primary purpose of the proposed Ordinance is to ensure the City retains local control over medical marijuana cultivation by restricting it prior to the March 1, 2016 deadline. In addition, the proposed Ordinance adds the City's existing prohibition on medical marijuana dispensaries to the Zoning Ordinance and prohibits the delivery of medical marijuana within the City. The proposed Ordinance was introduced at the City Council meeting on December 15, 2015. Tonight, the City Council will consider adopting the Ordinance. STAFF RECOMMENDATION: Conduct the public hearing; deliberate; waive the reading and adopt the Ordinance Amending Chapter 5.58 (Medical Marijuana Dispensaries), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of the Dublin Municipal Code to regulate medical marijuana dispensaries, deliveries and cultivation within the City of Dublin. 7. UNFINISHED BUSINESS—None. 8. NEW BUSINESS 8.1. Discussion of Revising the Process for Removing City Commissioners At its December 15, 2015 meeting, the City Council requested that an item be brought back for discussion regarding the process for removing City Commissioners. Under existing City Council- adopted rules, the removal of City Commissioners can only be initiated by the Mayor. State law provides that City Commissioners serve at the pleasure of the City Council, and therefore the existing rules could be changed to provide that the City Council can initiate the removal process. Staff is seeking direction on whether it should proceed with preparing revisions to the existing rules for the City Council's future consideration. STAFF RECOMMENDATION: Provide direction to Staff on whether to return with revisions to the Municipal Code and Commission by-laws resolutions that would authorize the City Council to remove City Commissioners. 8.2. Revisions to the Rules of the Conduct of Meetings The City Council will consider the adoption of revised Rules for the Conduct of Meetings of the City Council, detailing length of time allowed for public comments based on number of speakers, the manner in which items are placed on the agenda, and certain other updates to reflect changes in law. STAFF RECOMMENDATION: Adopt the Resolution Amending and Restating the Rules for the Conduct of Meetings of the City Council. 9. OTHER BUSINESS - Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to Meetings Attended at City Expense (AB1234). January 19,2016 Dublin City Council Agenda Page 5 of 6 10. ADJOURNMENT - In memory of Staff Sgt. Sean Diamond and 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 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. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. 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 is unified in its belief that an engaged and informed community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and preserve our natural surroundings through environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities,facilities and programs. 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