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Home My WebLink About*04-01-2014 CC Agenda REGULAR MEETING Tuesday,April 1,2014 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 5:30 P.M. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Acting City Manager 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. Introduction of New Employee: Meghan Tiernan A new member of City Staff will be introduced: Meghan Tiernan, Parks and Facilities Development Coordinator, Parks and Community Services Department. STAFF RECOMMENDATION: Welcome new City of Dublin Staff member. 3.2. Report on 2014 Dublin Pride Week Activities The City Council will receive a report on the planned activities for the 2014 Dublin Pride Week, scheduled for April 26—May 3, 2014. STAFF RECOMMENDATION: Receive the 2014 Dublin Pride Week activities report. 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 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 March 18,2014 Regular City Council Meeting and the March 19,2014 Special City Council Meeting The City Council will consider approval of the minutes of the March 18, 2014 Regular City Council meeting, and the March 19,2014 Special City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the March 18, 2014 Regular City Council meeting, and the March 19, 2014 Special City Council meeting. April 1,2014 Dublin City Council Agenda Page 1 of 4 4.2. 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 Area and Tracts 7067, 7586, 8024, 8073, 8074) The City Council is being asked to authorize the preparation of Engineer's Reports for the Fiscal Year 2014-2015 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. 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 the following resolutions: 1. Resolution Directing Preparation of Annual Engineer's Reports for Citywide Street Lighting Maintenance Assessment District 83-1 2. Resolution Directing, Preparation of Annual Engineer's Reports for Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road) 3. Resolution Directing Preparation of Annual Engineer's Reports for Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek) 4. Resolution Directing Preparation of Annual Engineer's Reports for Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area) 5. Resolution Directing Preparation of Annual Engineer's Reports for Street Lighting Maintenance Assessment District 99-1 (Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, 8074) 4.3. Approval of Change Order for Maintenance Yard Improvements On June 18, 2013, the City Council awarded a contract to Midstate Construction to construct two Capital Improvement Projects: 1) the Maintenance Yard Facilities Project and 2) the Public Safety Complex Project. Staff is seeking City Council authorization for the City Manager to approve Change Order #66 to Contract #13-02 to allow for the timely undergrounding of utilities at the Maintenance Yard Facilities Project by Midstate Construction, as opposed to PG&E, on Scarlett Court. STAFF RECOMMENDATION: Adopt a Resolution Authorizing the City Manager to Execute Change Order#66 for Contract 13-02 for the Maintenance Yard Facilities Project. 4.4. Authorize the City Manager to Execute Documents Confirming the Waiver of the 52-Unit Affordable Housing Obligation for the Groves at Dublin Ranch (Lot 3) This Resolution is intended to allow the City Manager to clarify the obligations of the developer in the development of The Groves at Dublin Ranch (Lot 3) (this portion of Dublin Ranch is also known as Fairway Ranch). The Fairway Ranch Development Agreement, executed in July of 2003 with developer Chang Su-O-Lin and Hong Lien Lin ("Developer"), anticipated the development of a condominium project on Lot 3 consisting of 304 units, 52 of which would be affordable to moderate income households. Based upon changes in market conditions and demand, the Lot 3 Project will now consist of 122 townhouse/condominiums for which the City agreed to accept a fee in lieu of construction of 15 affordable units. Staff now wishes to clarify that the current developer is not obligated to construct, nor pay fees in lieu of construction of, the original 52 affordable units. STAFF RECOMMENDATION: Adopt a Resolution Authorizing the City Manager to Confirm the Waiver of the 52-Unit Affordable Housing Obligation for The Groves at Dublin Ranch(Lot 3). April 1,2014 Dublin City Council Agenda Page 2 of 4 5. WRITTEN COMMUNICATION—None. 6. PUBLIC HEARINGS 6.1. Weeds and Combustible Refuse Abatement Order In accordance with Resolution No. 10-14 (adopted February 4, 2014), the City Council declared that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this declaration was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and, by motion, direct Staff to continue the weed abatement process. 6.2. Development Agreement Extension for the AMB/Prologis Mixed-Use Office/Residential Project at 6700 Golden Gate Drive in Downtown Dublin The Applicant, Prologis Inc., is requesting an extension to the existing Development Agreement that has vested the Site Development Review and Tentative Map entitlements since their original approval in 2004. The Development Agreement will expire on June 3, 2014 unless extended before that time. As provided in the Agreement, the Developer has submitted a formal request to extend the effective period of Development Agreement. Staff concurs with the request and recommends an extension of an additional eighteen(18) months. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the first reading and INTRODUCE an Ordinance Approving an Amendment to the Development Agreement between the City of Dublin and Prologis, Inc. to allow for an eighteen(18)month time extension, with conditions. 7. UNFINISHED BUSINESS 7.1. Proposed Volunteer Fair The City Council has directed Staff to explore an opportunity for non-profit organizations in the area to showcase and market their groups to residents who are willing to donate time and money to area causes. STAFF RECOMMENDATION: By motion, provide direction as to whether or not to proceed with the proposed event. 8. NEW BUSINESS 8.1. Construction and Demolition Debris Ordinance Amendments The City's Construction and Demolition (C&D) Debris Ordinance requires that projects with a valuation of$100,000 or more recycle 100% of all concrete & asphalt and 50% of all other materials. The City Council is being asked to consider possible amendments to the Ordinance. STAFF RECOMMENDATION: Consider the possible amendments to the City's Construction and Demolition Debris Ordinance; and, direct Staff, by motion, to prepare the Ordinance amendment. 8.2. Consideration of Adding Prohibitions on Electronic Cigarettes to the Dublin Municipal Code The City Council will consider amending certain section of the Dublin Municipal Code to clarify that electronic cigarettes and its vaporous byproducts are prohibited, controlled, and/or regulated in the same manner as tobacco products and smoking pollution. STAFF RECOMMENDATION: Direct Staff, by motion, to prepare a municipal code amendment clarifying all relevant sections of the Code where tobacco and smoking regulations are mentioned to ensure electronic cigarettes are included within these Municipal Code sections. 83. Public Safety Memorial Options for BART Police Officer Sergeant Tom Smith The City Council will consider memorial options for BART Police Officer Sergeant Tom Smith. STAFF RECOMMENDATION: By motion, provide Staff with direction on memorial options for fallen BART Public Safety Officer Sergeant Tom Smith. April 1,2014 Dublin City Council Agenda Page 3 of 4 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(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 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 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 community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and support environmental stewardship and sustainability 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. April 1,2014 Dublin City Council Agenda Page 4 of 4