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HomeMy WebLinkAbout*02-15-2011 CC AgendaREGULAR MEETING 1'uesday, February 15, 2011 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) NOTE: Agendas posted on the Website are provided as a public service, and are not intended to serve as a part of, or a replacement for any part of the legally required posting of agendas or the public noticing of projects appearing before the Ciry Council. • 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 Ciry 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. THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: Dublin Police Chief McCarthy REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE TO THE FLAG 2. REPORT OF CLOSED SESSION ACTION 3. ORAL COMMUNICATIONS 3.1 Certificate of Recognition for the Dublin Stealth Soccer Team (610-50) The City Council will present a Certificate of Recognition to the Dublin Stealth Soccer Team for recent championship wins. STAFF RECOMMENDATION: Present Certificate of Recognition. 3.2 Commemoration of Rotary's Founding on February 23, 1905 (610-50) The City of Dublin will present a proclamation commemorating the Rotary's founding on February 23, 1905. STAFF RECOMMENDATION: Present proclamation. 3.3 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 repoR 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 andlor 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 February 1, 2011 STAFF RECOMMENDATION: Approve minutes. February 15, 20ll Dublin Ciry Council Agenda Page 1 of 4 4.2 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; direct Staff to notify the public of the adoption of this Resolution; and schedule a public hearing for the April 5, 2011 City Council meeting at which time the City Council will hear and consider objections to this abatement order. 4.3 Downtown Dublin Specific Plan (420-30) The City Council will consider amendments to the Zoning Ordinance to implement the Downtown Dublin Specific Plan (DDSP). STARF RECOMMENDATION: Waive the reading and adopt an Ordinance Approving Zoning Ordinance Amendments to create a new Chapter: 8.30 (Downtown Dublin Zoning District), rezone all properties within the Downtown Dublin Specific Plan project area to the Downtown Dublin Zoning District, amend the Zoning Map to identify the location of the new Zoning District, amend Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses), and amend Chapter 8.104 (Site Development Review). 4.4 Authorization to Prepare Engineer's Reports: Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067) (820-30) This action authorizes City Staff to prepare the Engineer's Reports for the Fiscal Year 2011- 2012 assessments. Citywide Street Lighting Maintenance District 83-1 pays the cost of energy and maintenance for the City's street light system, except for the lights included in Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067). Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road) pays the cost of utilities and maintenance for landscaping improvements along Stagecoach Road and on the interior slopes of the Dublin Hills Estates development. Landscaping and Lighting Maintenance Assessment District No. 86-1 (Villages at Willow Creek) pays the cost of utilities and maintenance for certain landscaping improvements associated with the Villages at Willow Creek development. Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area) pays the cost of utilities and maintenance for certain landscaping improvements within the Santa Rita development area. Public hearings will be held prior to the levy of assessments. STAFF RECOMMENDATION: Adopt Resolutions directing preparation of the Annual Engineer's Reports for: Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District No. 86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch and Tract 7067). 4.5 Acceptance of Work - Contract No. 08-18 East & West Dublin BART Corridor Enhancements (CIP No. 960012) (600-35) The East & West Dublin BART Corridor Enhancements Project (Contract No. 08-18) was performed under a contract awarded to Suarez and Munoz Construction, Inc. The work is now complete and ready for City Council acceptance. The retention funds held by the City will be released after 35 days of the acceptance date if there are no subcontractor claims. February 15, 2011 Dublin City Council Agenda Page 2 of 4 STAFF RECOMMENDATION: Approve Budget Change; accept the improvements under Contract No. 08-18;, and approve the release of retention after 35 days if there are no subcontractor claims. 4.6 Waiver of Competitive Bid Process and Authorization of Staff to Purchase Unmarked Police Vehicles Directly from Vendor (350-20) . In order to ensure reliability and to minimize repair expense, the City routinely reviews fleet vehicles for potential replacement. Staff has scheduled two unmarked vehicles for replacement during the current fiscal yeaz based upon general vehicle condition and history of maintenance and repair expenses. Staff obtained competitive pricing from multiple vendors for the purchase of the two unmarked vehicles, and the lowest cost presented was from Livermore Auto Group. STAFF RECOMMENDATION: Adopt Resolution Authorizing Staff to Procure Two Police Vehicles from Livermore Auto Group and to Dispose of Vehicles Replaced using Public Auction Services. The City Purchasing Ordinance provides the City Council with authority to waive the competitive bid process by a four-fifths (4/5) vote specifically for the purchase of vehicles. 4.7 Check Issuance Reports and Electronic Funds Transfers (300-40) STAFF RECOMMENDATION: Review and authorize the issuance of payments: 5. WRITTEN COMMUNICATIONS - None. 6. PUBLIC HEARINGS 6.1 The Promenade Development Agreement between the City of Dublin and James Tong and Mei Fong Tong, PA 08-006 (600-60) ~ The City Council will consider a Development Agreement for the 23.46-acre area along both sides of the proposed extension of Grafton Street between Central Parkway and Dublin Boulevard known as the Promenade (Village Center) within Area G of Dublin Ranch. The Development Agreement was prepared in accordance with the requirements of the Eastern Dublin Specific Plan and will also vest the Site Development Review (SDR) and Conditional Use Permit (CUP) approvals for the Club Sport, Mercantile building and garage for the life of the Development Agreement. STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive the reading and INTRODUCE an Ordinance approving a Development Agreement for Tract 9717 known as The Promenade within Area G of Dublin Ranch between the City of Dublin and James Tong and Mei Fong Tong. 7. UNFINISHED BUSINESS 7.1 Smoking Pollution Control Ordinance Report for Apartment Housing (560-90) On December 2, 2008, the Dublin City Council adopted an ordinance that amended Chapter 5.56 of the Dublin Municipal Code, entitled Smoking Pollution Control, which required that apartment complexes (with 16 units or more) designate 50% of their units as non-smoking by January 1, 2011. The City Council will receive a report outlining compliance with ordinance. In addition, the City Council will consider directing Staff to work on an amendment to the - ordinance to require that 70% of apartment units be non-smoking by January 1, 2013. The City Council will also consider whether apartment complexes should be required to continue to submit an annual Smoking Pollution Control Ordinance compliance report. STAFF RECOMMENDATION: 1) Receive the Report; 2) Provide Staff with direction on preparing a report for an amendment to the Smoking Pollution Control Ordinance to require that 70% of apartment units be non-smoking by January 1, 2013; and 3) Provide Staff with direction whether to continue the requirement for apartment complexes to submit an annual compliance report. February 15, 2011 Dublin Ciry Council Agenda Page 3 of 4 7.2 Update .on the Dublin Farmers' Market and Request for Funding (470-10) The Pacific Coast Farmers Market Association approved the Dublin Farmers' Market for 2011. Staff is requesting approval of a transfer of funds between departments, to capture the Farmers' Market costs within the Economic Development operating budget. Estimated expenses total $34,000 for the 2010/2011 Fiscal Year, to assist in promoting and programming the Farmers' Market. STAFF RECOMMENDATION: Approve a budget change which transfers appropriated funds to the Economic Development Budget for the Fiscal Year 2011 Dublin Farmers' Market. ~ 7.3 Approval of the Dublin Green Plan (530-10) The Dublin Green Plan is a plan that was created by the Green Initiatives Taskforce, a community stakeholder group, to provide recommendations on green or environmental initiatives that the City Council could evaluate for future implementation in City activities. The City Council will consider approving the Dublin Green Plan document. STAFF RECOMMENDATION: Provide Staff with feedback on whether to include Taskforce member comments within the Green Plan; and approve the Dublin Green Plan. 7.4 Revising and Reaffirming Rules for the Conduct of City Council Meetings and Readoption of Resolution Prohibiting City Councilmembers from Engaging in Political Activities at the ~ Civic Center and While Representing the City in an Official Capacity (610-20) The City Council will consider readopting, with minor revisions, Resolution No. 25-08, Amending and Restating the Rules of Conduct of Meetings of the City Council and Resolution No. 26-08 Prohibiting Council Members from Engaging in Political Activities at the Civic Center and While Representing the City in an Official Capacity. STAFF RECOMMENDATION: Adopt Resolution Amending and Restating the Rules for the Conduct of Meetings of the City Council (Replacing Resolution No. 25-08); and 2) Discuss and adopt Resolution Restating the Prohibition on City Councilmembers Engaging in Political Activities at the Civic Center and While Representing the City in an Official Capacity, with or without verbiage regarding vehicles at the Civic Center. 8. NEW BUSINESS - None. 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 (AB 1234). 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 malce 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 which ensures a safe and secure environment that 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 educated communiry encourages innovation in all aspects of City life, including programs to strengthen our economic vitaliry, and support environmental stewardship and sustainabiliry through the preservation of our natural surroundings. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities and programs. February 15, 2011 Dublin City Council Agenda Page 4 of 4