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HomeMy WebLinkAbout*CC Agenda 12-01-2009REGULAR MEETING Tuesday, December 1, 2009 DUBLIN CIVIC CENTER, 100 Civic Plaza DUBLIN CITY COUNCIL '~AGENDA'~ • Agendas and Staff Reports are posted on the City's Internet Website (www.ci.dublin.ca.us) NOTE: Agendas posted on the Website are provided as a public service, and are not intended to serve as apart of, or a replacement for any part of the legally required posting of agendas or the public noticing of projects appearing before the City 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(Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Council Meeting or, in the event that it is delivered to the Councilmembers less than 72 hours prior to a Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk's Off ce and also at the Dublin Library. CALL TO ORDER & CLOSED SESSION 6:30 n.m. I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Westernmost Portion of Scarlett Court, Dublin Agency negotiator: City Manager Negotiating parties: KBH Investments, LLC Under negotiations: Price and terms of payment 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 Selection of Vice Mayor (610-20) 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 aone-year period. 3.2 Introduction of New Employees: Lt. Steve Brown, Sgt. David Snider, Sgt. Nick Soares, Sgt. Gerald Verbeck, and Deputy Miguel Campos, Dublin Police Services (700-10) 3.3 Certificate of Recognition to Ms. Keysor's Wells Middle School Recycling Team (610-50) 3.4 Appointment to Alameda County Mosquito Abatement District (110-30) The City Council will consider appointment of Dr. James Kohnen as the City of Dublin appointee to the Alameda County Mosquito Abatement District. STAFF RECOMMENDATION: Adopt Resolution Making an Appointment to the Alameda County Mosquito Abatement District Board of Trustees; and direct the City Clerk to forward a certified copy to the Alameda County Mosquito Abatement District. 3.5 Presentation of Plaque to City Council from Axis Community Health (150-20) 3.6 Presentation on City's Holiday Safety and Sharing Programs (585-10) December 1, 2009 Dublin City Council Agenda Page 1 of 5 3.7 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 noncontroversial 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 November 3, 2009 STAFF RECOMMENDATION: Approve minutes. 4.2 Approval of Final Map for Tract 7951, Neighborhood "B," Positano/Fallon Village (D.R. Horton), and Acceptance of Parkland Dedication In-Lieu Fees and Credits (600-60) Tract 7854, Neighborhood "B" of the Positano development in Fallon Village (owned by Braddock and Logan), created six parcels for future resubdivision and development. Western Pacific Housing, Inc., dba D.R. Horton, has purchased three of the parcels from Braddock and Logan and is filing a Final Map for Tract 7951 (Neighborhood B1) to create 43 individual lots for the construction of homes on these lots. STAFF RECOMMENDATION: Adopt Resolution Approving the Final Map for Tract 7951; adopt Resolution Recording a Transfer of Neighborhood Park Land Credits Originally Calculated in City Council Resolution No. 58-08; and adopt Resolution Accepting Parkland Dedication In-Lieu Fees and Credits for Parkland Dedication Requirements for Tract 7951. 4.3 Approval of Contract Change Orders #9 and #10 -Dublin Historic Park, Phase I, Contract No. 08-09 (Capital Improvement Project # 950001) (600-35) The City financial policies require City Council approval when contract change orders are in excess of $25,000. The City Council will consider authorization of two change orders in excess of the City Manager's authority. These change orders can be accommodated within the authorized budget made at the time the Dublin Historic Park Project contract was awarded. STAFF RECOMMENDATION: Approve Change Orders #9 and # 10 and adopt Resolution Authorizing the City Manager or Her Designee to Approve Subsequent Contract Change Orders for Contract No. 08-09, Dublin Historic Park, Phase I. 4.4 Authorizing the Filing of an Application for Regional Transportation Improvement Program Funds for the Alamo Canal Regional Trail, I-580 Undercrossing Project (930-30) The Alamo Canal Regional Trail, I-580 Undercrossing Project requires additional funds to fully finance its construction. Staff has applied for $1,021,000 of Federal funds through the Alameda County Congestion Management Agency's .2010 Regional Transportation Improvement Program (RTIP). In order for the City's project to be programmed in the RTIP, the City Council is required to adopt a Resolution authorizing the filing of an application for Regional Transportation Improvement Program funds for the Alamo Canal Regional Trail, I-580 Undercrossing Project and approving the assurances set forth in the application. STAFF RECOMMENDATION: Adopt Resolution Authorizing the Filing of an Application for Regional Transportation Improvement Program Funds for the Alamo Canal Regional Trail, I-580 Undercrossing Project and Approving the Assurances set forth in the Application. December 1, 2009 Dublin City Council Agenda Page 2 of 5 4.5 Acceptance of Grant Funding for Recycling Projects and Approval of a Budget Change to Recognize the Grants and New Appropriations (810-60) The City Council will consider approving a budget change to accommodate grants awarded by Stopwaste.org and the Altamont Settlement Agreement Education Advisory Board. The total of the grants is $16,946, which will be used for two projects: 1) to improve the recycling infrastructure within the City's parks; and 2) to improve junk-mail recycling at the City's multi-family complexes. STAFF RECOMMENDATION: Approve budget change. 4.6 Adoption of Ordinance Amending Chapter 2.28 of the Dublin Municipal Code (630-20) The City Council will consider whether to adopt an Ordinance amending Chapter 2.28 of the Dublin Municipal Code relating to Campaign Finance. STAFF RECOMMENDATION: Waive the reading and adopt Ordinance Amending Chapter 2.28 of the Dublin Municipal Code Relating to Campaign Contributions. 4.7 Adoption of Ordinance Amending Dublin Municipal Code Chapters 2.08 (City Council), 2.12 (Planning Commission), 2.16 (Parks and Community Services Commission), 2.18 (Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness) (660-60) The City Council will consider minor changes to Title 2 of the Dublin Municipal Code related to Chapters 2.08 (City Council), 2.12 (Planning Commission), 2.16 (Parks and Community Services Commission), 2.18 (Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness). STAFF RECOMMENDATION: Waive the reading and adopt Ordinance Amending Chapters 2.08 (City Council), 2.12 (Planning Commission), 2.16 (Parks and Community Services Commission), 2.18 (Heritage and Cultural Arts Commission) and 2.44 (Disaster Preparedness) of the Dublin Municipal Code. 4.8 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 Dublin Ranch North Annexation Area (PA 08-045) Dublin Ranch North (formerly known as Redgewick) is 157.7 acres located within the Eastern Dublin Specific Plan Area and the City's Sphere of Influence, but outside of the City limits. The proposed Project includes a request that the City of Dublin submit an application to the Local Agency Formation Commission (LAFCo) for annexation of the property into the City. The proposed General Plan and Eastern Dublin Specific Plan amendments would modify the existing land use designations from Low Density Residential and Rural Residential/Agriculture to Estate Residential and Open Space. Approval of a Planned Development Prezone with a related Stage 1 and Stage 2 Development Plan would allow construction of four custom residential homes on approximately 30 acres (in the future). The remaining portion of the site (127.3 acres) will be designated as Open Space and maintained in a permanent conservation easement. The Applicant also requests approval. of a Development Agreement as required by the Eastern Dublin Specific Plan. STAFF RECOMMENDATION: Conduct public hearing; deliberate; adopt Resolution Adopting a Mitigated Negative Declaration, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Dublin Ranch North Project; adopt Resolution Directing Staff to File an Application with the Alameda County Local Agency Formation Commission to Annex the Dublin Ranch North Annexation Area into the City of Dublin and Dublin San Ramon Services District; adopt Resolution Approving Amendments to the General Plan and Eastern Dublin Specific Plan for the Dublin Ranch North Annexation Area; waive the reading and INTRODUCE an Ordinance Prezoning the Dublin Ranch North December 1, 2009 Dublin City Council Agenda Page 3 of 5 Annexation Area to the Planned Development Zoning District and approving a related Stage 1 and Stage 2 Development Plan; waive the reading and INTRODUCE an Ordinance Approving a Development Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin; and adopt Resolution Approving aPre-Annexation Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin. 6.2 Zoning Ordinance Amendments -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading), the Creation of a New Chapter, Chapter 8.66 (Large Family Day Care Homes) and Amendments to the Fee Schedule as it Relates to Large Family Day Care Homes., ZOA 09-003 (450-20) The City Council will review City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes. The proposed amendments will modify the permit and parking requirements for Large Family Day Care Homes in order to streamline the application process. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes). Amendments to the fee schedule are also proposed to establish application fees for a Large Family Day Care Home. At the request of the Planning Commission, a minor modification to the recently approved Chapter 8.70 (Indoor Recreational Facilities) is included in the aforementioned amendments as it relates to Indoor Recreational Facilities within Planned Development Zoning Districts. STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive the reading and INTRODUCE an Ordinance Amending Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes); waive the reading and INTRODUCE an Ordinance Amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts; and adopt Resolution Amending Resolution 49-06 to Revise the Adopted Fee Schedule and Add Fees for the Following Applications: Large Family Day Care Homes Minor Use Permit; Large Family Day Care Homes Minor Amendment to a Minor Use Permit; and, Large Family Day Care Homes Major Amendment to a Minor Use Permit. 7. UNFINISHED BUSINESS 7.1 Environmental Subcommittee Report (530-10) The City Council will receive a report on and consider approving the Environmental Subcommittee's recommendations for completing the Fiscal Year 2009-2010 Goal & Objective to create a Green Initiatives Task Force. The City Council will also consider directing Staff to solicit applications from the community for the Task Force. STAFF RECOMMENDATION: Receive report; approve the recommendations from the Environmental Subcommittee; and direct Staff to solicit applications for the Green Initiatives Task Force. 8. NEW BUSINESS 8.1 City Council Direction Regarding Study of City Labor Guidelines (600-30) The City Council approved, as a high priority objective for Fiscal Year (FY) 2009-2010, a study of the City's labor guidelines on both City projects and private development. The City Council will receive a brief presentation from Staff and provide additional input and clarification of its objective to enable Staff to complete the study. STAFF RECOMMENDATION: Receive presentation and provide direction on the study of City labor guidelines that is part of the City's FY 2009-2010 Goals and Objectives. December 1, 2009 Dublin City Council Agenda Page 4 of 5 8.2 Appropriation of Eastern Dublin Traffic Impact Fees and Approval of Contract Change Order to Install Landscaping (Fallon Road Median Island Landscaping, Gleason Drive to Bent Tree Drive) (450-20) The existing median island on Fallon Road between Gleason Drive and Bent Tree Drive is not currently landscaped. This leaves a gap in the otherwise complete median island landscaping on Fallon Road. It is proposed to complete the landscaping under a change order to the Fallon Sports Park construction contract utilizing Eastern Dublin Traffic Impact Fees. STAFF RECOMMENDATION: Approve contract change order in the amount of $130,725 to the contract with Robert A. Bothman, Inc. (Fallon Sports Park construction contract); and approve a Budget Change to the Eastern Dublin Arterial Streets Capital Improvement Project (#960004) in the amount of $148,777 funded from Traffic Impact Fee Section I Reserves. 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 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. Agenda Printed 11/24/2009 11:36:31 AM 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 fast-class recreational opportunities, facilities and programs. December 1, 2009 Dublin City Council Agenda Page 5 of 5