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HomeMy WebLinkAbout*06-16-2015 CC Agenda REGULAR MEETING Tuesday,June 16, 2015 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. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph(2) or(3) of subdivision (d) of Section 54956.9: 1 case REGULAR MEETING 7:00 PM 1. CALL TO ORDER AND PLEDGE ALLEGIANCE TO THE FLAG 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. Introduction of Commander of Camp Parks, Lt. Col. Andrew Jones The City Council will receive an introduction to the new Commander of Camp Parks, Lieutenant Colonel Andrew Jones. STAFF RECOMMENDATION: Welcome Lt. Col. Andrew Jones. 3.2. Proclamation for World Elder Abuse Awareness Month,June 2015 The City Council will present a proclamation for World Elder Abuse Awareness Month, June 2015. STAFF RECOMMENDATION: Present the proclamation. 3.3. Recognition of Steve and Janet Lockhart The City Council will recognize Steve and Janet Lockhart for their years of service to the City of Dublin community. STAFF RECOMMENDATION: Present the Certificate of Recognition. 3.4. Proclamation for California Safe Digging Month,June 2015 The City Council will present a proclamation for California Safe Digging Month, June 2015. STAFF RECOMMENDATION: Present the proclamation. 3.5. Dublin San Ramon Services District Drought Update The City Council will receive a presentation from Dublin San Ramon Services District General Manager Bert Michalczyk, updating the City Council on the current drought conditions and providing a summary of efforts and accomplishments to conserve water Citywide during the drought emergency. STAFF RECOMMENDATION: Receive the presentation. June 16, 2015 Dublin City Council Agenda Page 1 of 7 3.6. 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 June 2, 2015 Adjourned Regular City Council Meeting The City Council will consider approval of the minutes of the June 2, 2015, Adjourned Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the June 2, 2015, Adjourned Regular City Council meeting. 4.2. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from May 1, 2015 — May 31, 2015 totaling $7,648,322.86 STAFF RECOMMENDATION: Receive the report. 4.3. Smoking Pollution Control Ordinance Report for Apartment Housing On July 19, 2011, the Dublin City Council adopted an Ordinance that amended Chapter 5.56 of the Dublin Municipal Code, titled Smoking Pollution Control, which required that apartment complexes (with 16 or more units) designate 75 percent of their units as non-smoking. The City Council will receive a report outlining compliance with the Ordinance provisions. STAFF RECOMMENDATION: Receive the report. 4.4. Acceptance of Gifts to City from Bike Month Contributing Sponsors This report details the contributions received from various local businesses and organizations for Bike to Work Day Energizer Stations and other Bike Month events and programming which took place during the month of May. STAFF RECOMMENDATION: Recognize the sponsors and formally accept the contributions. 4.5. Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project On June 2, 2015, the City Council approved a General Plan and Dublin Crossing Specific Plan Amendment which will enable the acquisition of a 12-acre school site that can be used by both the City and the School District, and a minor technical amendment to the Eastern Dublin Specific Plan boundary to be consistent with the Dublin Crossing Specific Plan boundary, and a CEQA Addendum. In addition, the City Council introduced an Ordinance approving Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project. The City Council will considering adopting this Ordinance. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Approving Amendment No. 1 to the Development Agreement between the City of Dublin and Dublin Crossing Venture LLC related to the Dublin Crossing Project. June 16,2015 Dublin City Council Agenda Page 2 of 7 4.6. 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. 4.7. Legislative Platform for the City of Dublin The City Council will consider adopting a State Legislative Platform for 2015 for the City of Dublin. The adoption of the Platform would allow the City to respond quickly in support of, or in opposition to, legislative issues that affect the Dublin community. STAFF RECOMMENDATION: Adopt the Resolution Adopting the 2015 City of Dublin State Legislative Platform. 4.8. Approval of Final Map and Improvement Agreement,Approval of Agreement for Long-Term Encroachment for Landscape Features, and Acceptance of Parkland Dedication In-Lieu Credits and Dedication of Park Land for Park Land Dedication Requirements for Tract 8171, Dublin Ranch Subarea 3, Phase One (Lennar Homes of California, Inc.) Lennar Homes of California, Inc. is filing the Final Map for Tract 8171 (Dublin Ranch Subarea 3, Phase One) to create seventeen lettered parcels and 175 single family lots. Tract 8171 is bounded on the north by Central Parkway, on the east by Fallon Road, on the south by Dublin Boulevard, and on the west by Lockhart Street. STAFF RECOMMENDATION: Adopt the Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8171, Dublin Ranch Subarea 3, Phase One; adopt the Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8171, Dublin Ranch Subarea 3, Phase One; and adopt the Resolution Accepting Park Land Dedication In-Lieu Credits and Dedication of Park Land for Park Land Dedication Requirements for Tract 8171, Dublin Ranch Subarea 3, Phase One. 4.9. Introduction of Ordinance Relating to the Discharge of Firearms Within the City City Staff recently determined that portions of the Dublin Municipal Code ("Code") dealing with the discharge of firearms within the city limits does not provide an exception for businesses operating city- approved shooting galleries and/or pistol/rifle ranges. Staff wishes to amend Section 5.88 of the Code to codify an exception for these businesses and allow legal participation in these activities. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance of the City of Dublin Amending Section 5.88.020 of the Dublin Municipal Code Relating to the Discharge of Firearms within the City. 4.10 Approval of the First Amendment to the Land Exchange Agreement and associated CEQA Addendum with TL Partners II, LP, for Property on Tassajara Road TL Partners II, LP, a California limited partnership, and the City of Dublin previously entered into a Land Exchange Agreement for property located at 6960 Tassajara Road (Fredrich Parcel, APN 986- 0004-002-03) and 7020 Tassajara Road (Vargas Parcel, APN 986-0004-002-01). TL Partners II has now executed and filed with the City of Dublin the First Amendment to the Land Exchange Agreement and associated CEQA Addendum to revise the land area description within the Agreement. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Land Exchange Agreement with TL Partners II, LP; and adopt the Resolution Adopting a CEQA Addendum and a Related Statement of Overriding Considerations for an Amendment to the Land Exchange Agreement for a 2.69 Acre Area for the Tassajara Highlands (Fredrich/Vargas) Project. June 16,2015 Dublin City Council Agenda Page 3 of 7 4.11 Revisions to the Personnel System The City's Personnel System is governed by several documents. Each document addresses a specific set of Human Resource related topics. The Staff Report identifies proposed changes to the City's current Personnel System. In the recent months, the City Manager has been in discussions with City employees regarding City paid wages and benefits. On February 3, 2015, the City Manager met in Closed Session with the City Council as the Agency Negotiator to discuss and review the employee process. As summarized below, the City Council will consider approving several modifications to the City's Personnel Policies and Procedures (The Personnel System Rules), the City's Benefit Plan and Management Benefit Plan pursuant to these discussion. In addition, modifications are required to the City's Personnel System due to recent legislative updates including California Family Rights Act (CFRA) and the addition of Healthy Workplaces/Healthy Family Act of 2014, also known as California Paid Sick Leave. STAFF RECOMMENDATION: Review the proposed modifications to the City's Personnel System Rules and City's Benefit Plans and adopt the following: (1) Resolution Amending the Personnel System Rules; (2) Resolution Adopting a Benefit Plan in Accordance with Personnel Rules; (3) Resolution Establishing Management Positions Exempt from Competitive Service and Prescribing Leave Benefits for the Designated Positions. 4.12 Amendment to the Consolidated Impact Fee Administrative Guidelines The City Council will consider amendments to its Consolidated Impact Fee Administrative Guidelines. Staff currently utilizes administrative guidelines for the administration of several impact fee programs and it includes a section related to the life of the credits and expiration dates of said credits. Staff is proposing that the life of the credits be extended in perpetuity. STAFF RECOMMENDATION: Adopt the Resolution Amending the Consolidated Impact Fee Guidelines. 4.13 Ordinance Levying Special Taxes Within CFD No. 2015-1 (Dublin Crossing) On June 2, 2015, the City Council held a Public Hearing, conducted a special landowner mailed-ballot election, and adopted various resolutions relating to the formation of Community Facilities District 2015-1 (Dublin Crossing). The City Council also waived the reading and introduced an Ordinance levying a special tax within the Dublin Crossing boundaries. The City Council is now being asked to waive the second reading and adopt the Ordinance Levying a Special Tax Within and Relating to the City of Dublin Community Facilities District No. 2015-1. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Levying a Special Tax Within and Relating to the City of Dublin Community Facilities District No. 2015-11 (Dublin Crossing). 4.14 Annual Update to the Master Fee Schedule The City Council will consider adopting an annual update to the Master Fee Schedule. STAFF RECOMMENDATION: Adopt the Resolution Adopting an Annual Update to the Master Fee Schedule for Services provided by the City. 4.15 Contract for Services with the Alameda County Library for Fiscal Year 2015-2016 The City Council will consider the Agreement with the Alameda County Library, which provides Library Services at the Dublin Public Library for the City. The proposed Agreement for Fiscal Year 2015-2016 provides for 49 hours of service per week which is the same amount of hours provided during Fiscal Year 2014-2015. The County would fund 28 hours per week and the City would fund the remaining 21 hours. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with County of Alameda for Additional Library Services for Fiscal Year 2015-2016. June 16,2015 Dublin City Council Agenda Page 4 of 7 5. WRITTEN COMMUNICATION 5.1. Friendship City Memorandum of Understanding with Jiangmen, China The City Council will consider a memorandum of understanding between the City of Dublin and Jiangmen City of the People's Republic of China. STAFF RECOMMENDATION: Consider the Friendship City Memorandum of Understanding with Jiangmen City of the People's Republic of China and provide Staff with direction. 6. PUBLIC HEARINGS 6.1. Amendments to Dublin Municipal Code Chapter 4.20 (Massage Establishments Massage Services), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Assembly Bill 1147 provided counties and cities with additional regulatory control of Massage Establishments. An amendment to Chapter 4.20 (Massage Establishments and Massage Services) is intended to ensure that the City's ordinance is compliant with current State law and provides adequate means for the City to regulate Massage Establishments. Staff is also proposing companion amendments to the Zoning Ordinance (Chapter 8) to ensure consistency with Chapter 4.20. The proposed amendments to Chapter 8 would add and amend definitions and allow Massage Establishments by-right in certain Commercial Zoning Districts pursuant to State law. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services), Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of the Dublin Municipal Code to regulate Massage Establishments and Massage Services within the City of Dublin. 6.2. Public Hearings: Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83-2; Landscaping and Lighting Maintenance Assessment District 86-1; Landscaping and Lighting Maintenance Assessment District 97-1; Street Lighting Maintenance Assessment District 99-1 The City Council will consider approving the Engineer's Reports and the levy of special assessments in each of the five maintenance assessment districts for Fiscal Year 2015-2016. A public hearing is required. Maintenance assessment districts allow for the collection of special assessments to be used to pay for the identified activities benefiting the properties within the districts. The assessment will vary based on several factors including: maintenance costs; capital improvement fund allocations; approved annual adjustment factors; existing fund balances; and the number and type of properties. STAFF RECOMMENDATION: Conduct public hearings for each of the five Assessment Districts, and adopt Resolutions (5) Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for: • Citywide Street Lighting Maintenance Assessment District No. 1983-1 • Landscaping and Lighting Maintenance Assessment District No. 1983-2 • Landscaping and Lighting Maintenance Assessment District No. 1986-1 • Landscaping and Lighting Maintenance Assessment District No. 1997-1 • Street Lighting Maintenance Assessment District No. 1999-1 June 16,2015 Dublin City Council Agenda Page 5 of 7 7. UNFINISHED BUSINESS 7.1. Regulatory Agreement, Loan Agreement, revised Predevelopment Loan Agreement, and Management and Marketing Plan Agreement with affiliates of Eden Housing, Inc. for the Veterans Family Apartments Development The City Council will consider resolutions approving a Regulatory Agreement, Management and Marketing Plan Agreement, a Revised Predevelopment Loan Agreement with Corona Crescent, Inc. (an affiliate of Eden Housing, Inc.) and a Loan Agreement in the amount of$5 million with Eden Housing, Inc. for the Veterans Family Apartments development. On November 18, 2014, the City Council committed a total of $6.4 million to the Veterans Family Apartments from the City's Affordable Housing Fund. The City Council authorized initial funding in the form of a $1.4 million Predevelopment Loan on January 20, 2015. Authorization of the remaining $5 million will provide for funding for project construction. Approval of the Regulatory Agreement will establish key terms and requirements for the ongoing operation of the project. STAFF RECOMMENDATION: (1) Adopt the Resolutions Approving (a) the Regulatory Agreement and Management and Marketing Plan Agreement, (b) Loan Agreement, and (c) revised Predevelopment Loan Agreement, all relating to the development of an affordable housing project with a veterans preference; and (2) Approve the budget change to allocate adequate funding for the Loan and legal services associated with the project. 8. NEW BUSINESS 8.1. Senior Center Marquee The City Council will consider approval of an electronic marquee that would be installed in front of the Dublin Senior Center on Amador Valley Boulevard to promote the City's programs and services. The Dublin Senior Foundation has pledged a $30,000 contribution toward the project. STAFF RECOMMENDATION: Aprove the electronic marquee for the Dublin Senior Center. 8.2. Resolution Authorizing Special Designations of General Fund Reserves for Fiscal Year 2014-15 In accordance with the City of Dublin's Fund Balance and Reserves Policy, the City Council will consider making special designations of General Fund reserves for Fiscal Year 2014-15. The City Council will also consider an administrative amendment to the City's Fund Balance and Reserves Policy. STAFF RECOMMENDATION: (1) Adopt t h e Resolution Authorizing a Special Designation of General Fund Reserves for Fiscal Year 2014-15; (2) Direct Staff to implement the changes in the financial records; and (3) Adopt the Resolution Amending the Fund Balance and Reserves Policy. 8.3. Potential Alternatives for Youth Advisory Committee At the May 19, 2015 City Council meeting, the City Council requested Staff investigate potential alternatives for the appointment process and composition of the Youth Advisory Committee. Staff has prepared information on several options for the City Council's consideration. STAFF RECOMMENDATION: Receive the report and provide direction. 8.4. Human Services Commission Vacancy The City Council will discuss options for filling a recent, unanticipated vacancy on the Human Services Commission. That term has an ending date of December 2016. STAFF RECOMMENDATION: Discuss options for filling the unscheduled vacancy and provide Staff direction on proceeding with the appointment process. 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). June 16,2015 Dublin City Council Agenda Page 6 of 7 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 offirst-class recreational opportunities,facilities and programs. June 16,2015 Dublin City Council Agenda Page 7 of 7