HomeMy WebLinkAbout*11-20-2012 CC Agenda REGULAR MEETING
Tuesday,November 20, 2012
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
AGENDA
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CALL TO ORDER & CLOSED SESSION 6:30 P.M.
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: Elite Landscaping, Inc. v. City of Dublin,Alameda County Superior Court, RG1155549
REGULAR MEETING 7:00 PM
1. CALL TO ORDER & PLEDGE ALLEGIANCE TO THE FLAG
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. 2012 Business Anniversary Awards
The City Council will recognize those businesses that have been in Dublin 20, 25, 30, 35, 40, 45,
and 50 years.
STAFF RECOMMENDATION:
Recognize those businesses that have been in Dublin 20, 25, 30, 35, 40, 45, and 50 years.
3.2. Introduction of New City Employee
A new member of City Staff will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
3.3. Recognition of Inside Dublin 2012 Participants
The City Council will recognize the Inside Dublin 2012 participants.
STAFF RECOMMENDATION:
Recognize the 2012 Inside Dublin participants.
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 andlor take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
November 20,2012 Dublin City Council Agenda Page 1 of 5
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 Regular City Council Meeting of November 6,2012
The City Council will consider the approval of the minutes of the Regular City Council meeting of
November 6, 2012.
STAFF RECOMMENDATION:
Approve the minutes of the Regular City Council meeting of November 6, 2012.
4.2. City Treasurer's Informational Report of Investments for the Period from July 1, 2012 to
September 30,2012
The adopted Investment policy calls for a semi-annual report of investments. This is an
informational report for the period from July 1, 2012 to September 30, 2012. The City's
investment portfolio totals $126,808,769.86 (par value). As of September 30, 2012, funds were
invested at an average yield of 0.933%. The portfolio includes both discretionary and restricted
funds and the balance will fluctuate throughout the year. The report provides background on the
City investment portfolio, as well as the investment results, as of September 30, 2012.
STAFF RECOMMENDATION:
Receive the Report.
4.3. Check Issuance Report and Electronic Funds Transfers
The City Council will receive a listing of payments issued from October 1, 2012 — October 31,
2012 totaling $6,886,205.58.
STAFF RECOMMENDATION:
Receive the report.
4.4. Preliminary Quarterly Financial Report for the Period Ending September 30, 2012 (1st
Quarter)
The City Council will be presented with preliminary information related to the revenues and
expenditures through the end of the first quarter of Fiscal Year ending June 30, 2013. The annual
financial audit field work was completed on October 26, 2012. The auditors have not proposed
any audit adjustments at the time the financial reports are prepared. However the beginning
balances should be considered preliminary as any final audit adjusting entries will be recorded and
included in the City's Comprehensive Annual Financial Report, to be presented in December.
Based on the completion of the first quarter of the year, the report will include analysis of
significant trends and variances between budgets and actual expenditures.
STAFF RECOMMENDATION:
Receive the reports as authorized by Section 41004 of the California Government Code
4.5. Sales Tax Reimbursement Agreement with Dick's Sporting Goods, Inc.
In January 2009, City Council adopted the Sales Tax Reimbursement Program as one way to
stimulate economic investment in Dublin. Representatives of Dick's Sporting Goods requested
participation in the Sales Tax Reimbursement Program to offset a portion of $1.75 million in
tenant improvements costs for their new store at 2820 Dublin Boulevard.
STAFF RECOMMENDATION:
adopt the proposed Resolution Approving an Agreement for Reimbursement of Sales and Use Tax
Revenue with Dick's Sporting Goods, Inc. relating to tenant improvements to be performed on a
property located at 2820 Dublin Boulevard at the Fallon Gateway project.
5. WRITTEN COMMUNICATION—NONE
November 20,2012 Dublin City Council Agenda Page 2 of 5
6. PUBLIC HEARINGS
6.1. PUBLIC HEARING: PLPA-2012-00033 Zoning Ordinance Amendment to Chapter 8.76
(Off-Street Parking and Loading) related to the Village Parkway Market-Based Parking
Program
The proposed amendments to Chapter 8.76 (Off-Street Parking and Loading) of the Dublin Zoning
Ordinance temporarily eliminate the parking standards in the Downtown Dublin Specific Plan
Village Parkway District. The proposed amendments address direction provided by the City
Council on May 15, 2012 and August 21, 2012. The proposed amendments will implement a test-
case parking program in the District to see if it can enable more intense uses along the Village
Parkway corridor. The Program will be in effect for a temporary period of two years.
STAFF RECOMMENDATION:
Conduct public hearing, deliberate, waive the reading and INTRODUCE an Ordinance amending
Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Market-Based
Parking Program.
6.2. Tobacco Retailers Ordinance and Community Park Smoking Prohibition
A Fiscal Year 2012-2013 City Council Initiative directs Staff to establish zoning restrictions for
new tobacco retailers and a licensing system for all tobacco retailers within the City. Additionally,
Staff was directed to include an expansion of the present prohibition of smoking within 100 feet of
recreational areas within Community Parks, making Community Parks consistent with the total
smoking prohibition within Neighborhood Parks and Squares. The City is adding a new Chapter
to the Zoning Ordinance relating to the location of tobacco retailers within the City. Additionally,
amendments are proposed to: 1) Chapter 8.08 (Definitions) to add a new definition for Tobacco
Retailers; 2) Chapter 8.12 (Zoning Districts and Permitted Uses of Land) to add tobacco retailers
as a commercial use type; and 3) Chapter 8.116 (Zoning Clearance) to include tobacco retailers as
a use that can be approved via the Zoning Clearance process. The City is also adding a new
Chapter 4.40 to the Dublin Municipal Code to establish a Tobacco Retailing Licensing System for
all tobacco retailers within the City.
STAFF RECOMMENDATION:
Conduct public hearing, deliberate, waive the reading and INTRODUCE an Ordinance adding a
new Chapter 4.40 and a new Chapter 8.43 and amending Chapter 8.08 (Definitions), Chapter 8.12
(Zoning Districts and Permitted Uses of Land), Chapter 8.30 (Downtown Dublin Zoning District),
Chapter 8.116 (Zoning Clearance), and Chapter 5.56 (Smoking Pollution Control) to the Dublin
Municipal Code to regulate the location of new tobacco retailers, establish a tobacco retailing
licensing system within the City of Dublin, and prohibited smoking within Community Parks.
6.3. Appeal of the Planning Commission's Denial of the Downtown Regional Serving Sign
Conditional Use Permit and Site Development Review Permit, PLPA-2012-00042
The City Council will consider an appeal of the Planning Commission's denial of a Conditional
Use Permit and Site Development Review for the construction and ongoing operation of an 85 foot
tall, regional-serving, freestanding sign as permitted by the Downtown Dublin Specific Plan. The
proposed project is located at 7153 Amador Plaza Road within the Retail District of the
Downtown Dublin Zoning District and Downtown Dublin Specific Plan.
STAFF RECOMMENDATION:
Adopt a Resolution reversing the Planning Commission's adoption of Resolution 12-33 and
Approving a Conditional Use Permit and Site Development Review Permit for the construction
and ongoing operation of an 85 foot tall, regional-serving, freestanding sign as originally
proposed, as permitted by the Downtown Dublin Specific Plan, and as recommended to the
Planning Commission on September 11, 2012; OR adopt a Resolution Reversing the Planning
Commission's adoption of Resolution 12-33 and approving a Conditional Use Permit and Site
Development Review Permit for the construction and ongoing operation of a regional-serving,
freestanding sign with a revised design and modified conditions of approval; OR adopt a
Resolution Affirming the Planning Commission's adoption of Resolution 12-33 denying a
November 20,2012 Dublin City Council Agenda Page 3 of 5
Conditional Use Permit and Site Development Review Permit for the construction and ongoing
operation of an 85 foot tall, regional-serving, freestanding sign as permitted by the Downtown
Dublin Specific Plan; OR provide other direction.
7. UNFINISHED BUSINESS
7.1. Site 16A General Plan and Eastern Dublin Specific Plan Amendment Study
Reaffirm their authorization to initiate a General Plan and Eastern Dublin Specific Plan
Amendment Study to change both the General Plan and Eastern Dublin Specific Plan land use
designations for a 14.32 acre parcel at the southwest corner of Dublin Boulevard and Hacienda
Drive from Campus Office to General Commercial/Campus Office.
STAFF RECOMMENDATION:
Adopt Resolution approving the initiation of a General Plan and Eastern Dublin Specific Plan
Amendment Study to change the land use designation for a 14.32 acre parcel at the southwest
corner of Dublin Boulevard and Hacienda Drive from Campus Office to General
Commercial/Campus Office.
7.2. Consulting Services Agreement with Economic & Planning Systems,Inc. to evaluate of
proposed Zoning Ordinance Amendments
On February 7, 2012, the City Council received an informational report on the status of parking in
Area G of Dublin Ranch and directed Staff to prepare Zoning Ordinance Amendments to:
establish consistency between the parking standards for apartments and condominiums; require a
minimum amount of personal storage for attached residential units; and eliminate the use of
tandem parking to meet minimum parking requirements. Staff presented the proposed amendments
to the Planning Commission on July 10, 2012, and based on feedback received from the
development community, is recommending that the City Council direct Staff to enter into a
Consulting Services Agreement with Economic & Planning Systems to evaluate the economic
impacts of the proposed amendments on future residential projects.
STAFF RECOMMENDATION:
Adopt Resolution approving a Consulting Services Agreement with Economic & Planning
Systems, Inc. to evaluate proposed Zoning Ordinance Amendments; and approve the Budget
Transfer.
8. NEW BUSINESS
8.1. Heritage Park Office Complex General Plan and Dublin Village Historic Area Specific Plan
Amendment Study
The City Council will consider whether to initiate a General Plan and Specific Plan Amendment
Study to change the land use designation on approximately 5.85 acres of property in the Dublin
Village Historic Area from Retail/Office to Medium Density Residential. The subject property is
currently occupied by the Heritage Park Office Complex at 11875 Dublin Boulevard and is located
south of Dublin Boulevard between San Ramon Road and Donlon Way.
STAFF RECOMMENDATION:
Either adopt Resolution approving the initiation of a General Plan and Specific Plan Amendment
Study to change the land use designation on approximately 5.85 acres at 11875 Dublin Boulevard
from Retail/Office to Medium Density Residential; OR adopt Resolution denying the initiation of
a General Plan and Specific Plan Amendment Study to change the land use designation on
approximately 5.85 acres at 11875 Dublin Boulevard from Retail/Office to Medium Density
Residential.
8.2. City of Dublin Community Grants Program City Council Subcommittee Appointments
The City Council will be asked to confirm the Mayor's appointments to the City of Dublin
Community Grants Program Subcommittee for Fiscal Year 2013-2014.
STAFF RECOMMENDATION:
Confirm the Mayor's appointments to the City of Dublin Community Grants Program
Subcommittee for Fiscal Year 2013-2014.
November 20,2012 Dublin City Council Agenda Page 4 of 5
8.3. Financial Assistance for Hurricane Sandy Relief Efforts
The City Council will consider a $10,000 donation to the American Red Cross to support the relief
efforts for the victims of Hurricane Sandy.
STAFF RECOMMENDATION:
Consider the $10,000 appropriation and authorize the Budget Change.
8.4. Consideration of Date of Volunteer Recognition Event and Appointments to
Citizens/Organization of the Year Ad-Hoc Committee
Each year, the City of Dublin recognizes a citizen, young citizen and organization of the year at its
Volunteer Recognition event. As part of the process, an Ad Hoc Committee comprised of two
Dublin City Councilmembers is needed to perform duties including arranging for impartial judging •
and selection of winners. The City Council will consider appointment of two City
Councilmembers to the Ad Hoc Committee, as well as determine a date for the recognition event.
STAFF RECOMMENDATION:
Confirm the appointment of two City Councilmembers to the Citizens/Organization of the Year
Ad Hoc Committee, and determine the date of the recognition event.
8.5. Invitation for Mayor Sbranti to attend St. Patrick's Day Festival in Dublin, Ireland
The City Council will consider an invitation from the City of Dublin, Ireland to have Mayor
Sbranti participate in the Gathering of Dublins during the St. Patrick's festival from March 16-20,
2013.
STAFF RECOMMENDATION:
Authorize City travel out of State by Mayor Sbranti and authorize the Budget Change.
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 to the Adjourned Regular Meeting of December 4, 2012, at 5:00 p.m.
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 offrrst-class
recreational opportunities,facilities and programs.
November 20,2012 Dublin City Council Agenda Page 5 of 5