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HomeMy WebLinkAbout*12-15-2015 CC Agenda REGULAR MEETING Tuesday,December 15, 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 6:00 P.M. I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 10+/- acre parcel located about 1,100 feet east of intersection of Fallon Road and Central Parkway and south of proposed Central Parkway extension (APN 985-98-2) Agency negotiator: Chris Foss, City Manager Negotiating parties: Dublin Unified School District Under negotiation: Price and terms of payment II. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph(4) of subdivision (d) of Section 54956.9: 2 cases III. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager REGULAR MEETING 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. Selection of Vice Mayor The City Council's policy is to select, in December of each year, a member of the City Council to serve as Vice Mayor for a period of one year. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. STAFF RECOMMENDATION: Determine who shall serve as Vice Mayor for a one-year period. 3.2. Employee Introduction: Shannan Young, Environmental Coordinator, Public Works Department A new member of City Staff will be introduced: Shannan Young, Environmental Coordinator in the Public Works Department. STAFF RECOMMENDATION: Welcome new City of Dublin staff member. 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). December 15,2015 City Council Agenda Page 1 of 6 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 November 17, 2015 Regular City Council Meeting The City Council will consider approval of the minutes of the November 17, 2015 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the November 17, 2015 Regular City Council meeting. 4.2. Approval of Tract Improvement Agreement for Tract 7712, Wallis Ranch, Neighborhood 2 (D.R. Horton) D.R. Horton has purchased Tract 7712, Wallis Ranch Neighborhood 2 from Development Solutions WR, LLC, a Delaware Limited Liability Company. D.R. Horton has executed a Tract Improvement Agreement and posted security to guarantee construction of the on-site improvements associated with Tract 7712, allowing the security previously posted by Development Solutions WR, LLC to be released. STAFF RECOMMENDATION: Adopt the Resolution Approving the Tract Improvement Agreement for Tract 7712, Wallis Ranch, Neighborhood 2 with D.R. Horton. 4.3. Authorization to Re-Bid - Contract#15-08, Fallon Sports Park, Phase II The City Council will consider re-bidding Fallon Sports Park Phase II Contract #15-08. The project would provide for two lighted synthetic turf soccer fields, a lighted 90' baseball diamond, group picnic area for 100 people, restroom and concession building, parking and supporting elements as further detailed in the report. STAFF RECOMMENDATION: Authorize Staff to advertise Fallon Sports Park — Phase II Contract #15-08 for bids with the two bid alternates as proposed. 4.4. Approval of a New Capital Improvement Program (CIP) Project for Tassajara Road Realignment and Design, and Approval of Consultant Service Agreement with Mackay & Somps, Civil Engineers, Inc. The City Council will consider a new CIP Project to develop a revised roadway alignment for Tassajara Road between the Moller Ranch entrance north of Fallon Road to the City of Dublin's jurisdictional boundary at the Alameda/Contra Costa County limit. This project will also provide a conceptual design and cross-section of the roadway from North Dublin Ranch Drive to the City's northerly limit. As Mackay & Somps, Civil Engineers, Inc. has in-depth knowledge about various aspects of this project due to their experience with several development projects along Tassajara Road, Staff believes it will be the most appropriate firm to prepare the preliminary design. STAFF RECOMMENDATION: Approve the addition of the Tassajara Road Realignment and Design Project to the Five Year Capital Improvement Plan (CIP No. st0116); approve the Budget Change; and adopt the Resolution Approving a Consultant Service Agreement with Mackay & Somps, Civil Engineers, Inc. for Providing Technical Assistance on the Tassajara Road Realignment and Design Project. 4.5. Approval of Improvement Agreement for Sub-Area 3 (Community Nature Park Site) The City Council will consider a Park Improvement Agreement with Lennar Homes of California, Inc. to construct the 10.75-acre community nature park as identified in the Eastern Dublin Specific Plan within the Subarea 3 development. STAFF RECOMMENDATION: Adopt the Resolution Approving the Improvement Agreement with Lennar Homes of California, Inc. for the Subarea 3 Community Nature Park. December 15,2015 City Council Agenda Page 2 of 6 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. Request for Authorization to Use UNICOR for the Recycling of City Electronic Waste and Surplus Computer Equipment The City generates electronic waste in the form of surplus computers, monitors, printers and other items that have reached the end of useful life. The City strives to dispose of these items in an environmentally responsible manner. It is proposed to use UNICOR for the recycling of electronic waste identified as beyond the useful life. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the Use of UNICOR for the Recycling of City Electronic Waste and Surplus Computer Equipment. 4.8. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from November 1, 2015 — November 30, 2015 totaling $11,782,130.87. STAFF RECOMMENDATION: Receive the report. 4.9. Appointment to Alameda County Mosquito Abatement District The City Council will consider Mayor's recommendation to re-appoint of Rich Guarienti as the City of Dublin appointee to the Alameda County Mosquito Abatement District. STAFF RECOMMENDATION: Accept the Mayor's recommendation and adopt the Resolution Making an Appointment to the Alameda County Mosquito Abatement District Board of Trustees. 4.10. Approval of Final Map and Tract Improvement Agreement, and Acceptance of Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 7713, Wallis Ranch, Neighborhood 3 (Taylor Morrison of California, LLC) Taylor Morrison of California, LLC, is filing a Final Map for Tract 7713 (Wallis Ranch, Neighborhood 3) to create 74 lots for the construction of 74 homes. Tract 7713 is bounded on north by Stags Leap Lane, on the south by Wallis Ranch Drive, on the west by open space, and on the east by Kenwood Road. STAFF RECOMMENDATION: Adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 7713, Wallis Ranch, Neighborhood 3; and adopt the Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 7713, Wallis Ranch, Neighborhood 3. 4.11. Annual Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code Sections 66002, 66006 and 66008 (AB 1600) State law requires the City to review and report on an annual basis the status of Development Fees collected to finance public improvements. The report covers activity which occurred in these funds during Fiscal Year 2014-15. The analysis has determined that all funds held for more than five years are necessary to complete identified projects. STAFF RECOMMENDATION: Accept the Annual Report of Developer Impact Fee Funds for the Year Ended June 30, 2015; and adopt the Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions and Downtown Traffic Impact Fees for Fiscal Year 2014-15. December 15,2015 City Council Agenda Page 3 of 6 4.12. 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) PLPA-2015-00056 Several new state laws regarding medical marijuana activities will go 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. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an 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. 4.13. Comprehensive Annual Financial Report(CAFR) and Annual Audit for Fiscal Year Ending June 30, 2015 and Supplemental Reports Completed by the Auditors The City of Dublin has compiled and published its Comprehensive Annual Financial Report (CAFR), for the fiscal year ending June 30, 2015. This report includes financial statements prepared by City staff along with the audit prepared by Maze and Associates Accountancy Corporation (Maze), the independent auditors selected by the City Council. The CAFR is a report which encompasses information beyond minimum financial reporting requirements. The Auditors have provided a "clean opinion" based on their review. The report has also been reviewed by the City Council Ad-Hoc Audit Subcommittee. The Auditors have also completed the following five supplemental reports: 1) a compliance audit of Alameda County Transportation Measure B Funds; 2) a compliance audit of the Alameda County Transportation Commission Fund (ACTC-VRF) Program; 3) a compliance audit of Alameda County Transportation Measure BB Funds; 4) a compliance audit of the State of California Transportation Development Act (TDA) Program; and 5) a review of the City's Annual Appropriations Limit Calculation. STAFF RECOMMENDATION: Receive and file the reports. 5. WRITTEN COMMUNICATION 5.1. Request from Cricket for Cubs to Construct Cricket Batting Cages at Emerald Glen Park The City Council will consider a written request from Cricket for Cubs to construct batting cages for cricket at Emerald Glen Park. STAFF RECOMMENDATION: Approve the request from Cricket for Cubs to construct two batting cages at Emerald Glen Park and direct the City Manager to develop and execute an Improvement and Use Agreement with Cricket for Cubs. 5.2. Informational Report on the City's Development Impact, In-Lieu Fees, and Other Fee Programs, including Community Benefits The City Council will receive an informational report on the City's fee programs, including the development impact fee and in-lieu programs, as well as community benefit programs. STAFF RECOMMENDATION: Receive the report. December 15,2015 City Council Agenda Page 4 of 6 6. PUBLIC HEARINGS 6.1. Schaefer Ranch General Plan Amendment, Planned Development Rezone with related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map 8136 to Create 19 Single-Family Lots, and a CEQA Addendum (PLPA 2012-00013) The City Council will consider an application by Schaefer Ranch Holdings LLC (Discovery Builders) for a General Plan Amendment and Planned Development Zoning with a Stage 1 and Stage 2 Development Plan to change the land use designation and zoning of 17.30 acres designated as Estate Residential and originally approved for six residential estate lots and common areas, to 7.04 acres designated as Single-Family Residential for 19 single-family detached homes and 10.26 acres designated as Open Space. This proposal results in a net increase of 13 homes to a total of 419 homes, which is below the 474 homes originally anticipated within the Schaefer Ranch project. The application also includes a Site Development Review Permit and Vesting Tentative Map for the proposed homes on the 19 lots. A CEQA Addendum was prepared for this project described above and for a 1.14 acre area at the end of Ridgeline Place contemplated for a future General Plan Amendment. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and adopt the Resolution Adopting a CEQA Addendum and a Statement of Overriding Considerations for the Schaefer Ranch Unit 3 and a portion of Unit 1 Project; adopt the Resolution Approving a General Plan Amendment for the Schaefer Ranch Unit 3 Project; waive the reading and INTRODUCE an Ordinance Rezoning the Schaefer Ranch Unit 3 Project site to PD-Planned Development and approving a related Stage 1 and Stage 2 Development Plan; and adopt the Resolution Approving a Site Development Review Permit and Vesting Tentative Subdivision Tract Map 8136 for the Schaefer Ranch Unit 3 Project. 7. UNFINISHED BUSINESS 7.1. Volunteer Recognition Event Invitation and Awards The City Council will consider recommendations from the Volunteer Recognition Event Ad-Hoc Committee to extend invitations to leadership of Dublin-based non-profit organizations, and reposition the Mayor's Award as the Mayor's Legacy Award. STAFF RECOMMENDATION: Agree to distribute invitations to the leadership of Dublin-based non-profit organizations, and approve repositioning the Mayor's Award. 8. NEW BUSINESS 8.1. City Councilmember Dublin Pride Week Committee Appointments The City Council will consider appointing two of its members to the 2016 Dublin Pride Week Committee for a limited term beginning January 2016 and ending December 2016. The Dublin Pride Week Committee plans and prepares this annual event, which seeks to engage individuals and/ or groups in action- based activities to help improve the community. STAFF RECOMMENDATION: Discuss the appointment of two Councilmember to the Dublin Pride Week Committee and confirm the appointments for the limited term of January 2016 through December 2016. 8.2. Appointment of Delegate to Attend the National League of Cities Congressional City Conference and Designation of Voting Delegate for the 2016 Congress of Cities and Exposition The City Council will consider appointing one of its members as a delegate, and one as an alternate, to attend the National League of Cities (NLC) Congressional City Conference in March 2016, and appointing a voting delegate, and an alternate, to attend and vote, on the City's behalf, at the 2016 Congress of Cities and Exposition in November of 2016. December 15,2015 City Council Agenda Page 5 of 6 STAFF RECOMMENDATION: Review and discuss appointing one of its members as a delegate, and one as an alternate, to attend the National League of Cities (NLC) Congressional City Conference in March 2016, and appoint a voting delegate, and an alternate, to attend and vote on the City's behalf at the Congress of Cities and Exposition in November of 2016. 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, 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. December 15,2015 City Council Agenda Page 6 of 6