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HomeMy WebLinkAbout*CC Agenda 12-18-2012 REGULAR MEETING Tuesday,December 18, 2012 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) NOTE: Agendas posted on the Website are provided as a public service, and are not intended to serve as a part 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 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. CLOSED SESSION TO BE HELD AT END OF REGULAR MEETING I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Alameda County Assessor's Parcel No. 941-2768-006-02 Agency Negotiator: Joni Pattillo, City Manager Negotiating parties: MVP Development California, LLC and Union Pacific Railroad Company Under negotiation: Price and terms of payment II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Alameda County Assessor's Parcel No. 941-0550-023-04 Agency Negotiator: Joni Pattillo, City Manager Negotiating parties: MVP Development California, LLC and Union Pacific Railroad Company Under negotiation: Price and terms of payment REGULAR MEETING 7:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ORAL COMMUNICATIONS 3.1. Introduction of New City Employee and Promotion of City Staff Member A new member of City Staff will be introduced, as well as a recently promoted Staff member. STAFF RECOMMENDATION: Welcome City of Dublin Staff members. 3.2. Mayor's Appointments to City Commissions and Committee Following the City of Dublin's general municipal elections in November of even-numbered years, terms expire on each of the City's commissions/committee. In response to 3 openings on the Planning Commission, 11 applications were received. 7 applications were received in response to 2 openings on the Parks & Community Services Commission; 7 applications were received in response to 4 openings on the Heritage & Cultural Arts Commission; and 3 applications were received in response to 2 openings on the Senior Center Advisory Committee. New members will be sworn into office in January 2013. STAFF RECOMMENDATION: Confirm the Mayor's appointments to the various Commissions and Committee, or provide other appropriate direction. December 18,2012 City Council Meeting Page 1 of 6 3.3. City Council Organization/Committee Appointments/Assignments Each member of the City Council represents the City of Dublin on various local and regional Boards/Committees/Commissions. The City Council will discuss the Mayor's proposed appointments. STAFF RECOMMENDATION: Review and discuss the Mayor's Appointment/Assignment List, make any desired changes, confirm list and direct Staff to notify affected agencies, as appropriate. 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 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 Adjourned Regular City Council Meeting of December 4, 2012 The City Council will consider the approval of the minutes of the Adjourned Regular City Council meeting of December 4, 2012. STAFF RECOMMENDATION: Approve the minutes of the Adjourned Regular City Council meeting of December 4, 2012. 4.2. Check Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from November 1, 2012 —November 30, 2012 totaling $2,885,494.46. STAFF RECOMMENDATION: Receive the report. 4.3. Commercial Corridor Design Guidelines Zoning Ordinance Amendments. Amendments to the Zoning Ordinance (Chapter 8.33 and Chapter 8.104), and an amendment to the Zoning Map for the purposes of implementing the Commercial Corridor Design Guidelines. (PLPA-2012-00061) At the December 4, 2012 City Council meeting, the City Council introduced an Ordinance to add Chapter 8.33 to the Dublin Municipal Code (Zoning Ordinance) establishing the Commercial Corridor Overlay Zoning District and amend Section 8.104.040 relating to the Commercial Corridor Overlay Zoning District Site Development Review and amend the Zoning Map to add an Overlay Zoning District Designation to the Commercial Corridor area. The City Council will consider adoption of the Ordinance. STAFF RECOMMENDATION: Adopt Ordinance adding Chapter 8.33 to the Dublin Municipal Code (Zoning Ordinance) establishing the Commercial Corridor Overlay Zoning District and amending Section 8.104.040 relating to the Commercial Corridor Overlay Zoning District Site Development Review and amending the Zoning Map to add an Overlay Zoning District Designation to the Commercial Corridor area. 4.4. Annual Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code Sections 66002, 66006 and 66008 (AB 1600) and Budget Adjustment for Distribution of Excess Funds 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 2011-2012. The analysis has determined that all funds held for more than 5 years are necessary to complete identified projects. Annually the City also completes an assessment of funding available to reduce Credits that have converted to Rights to Reimbursement. The City Council will be requested to approve a Budget Adjustment reflecting the distribution of funds in Fiscal Year 2012-2013. STAFF RECOMMENDATION: Accept the Annual Report of Developer Impact Fee Funds for the Year Ended June 30, 2012; Adopt Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions for Fiscal Year 2011-2012; and Approve the Budget Change. December 18,2012 City Council Meeting Page 2 of 6 4.5 Ordinance Adopting the Community Benefit Agreement and Development Agreement between the City of Dublin and the Kingsmill Group/Diamond Heights Investments The City Council will hold a second reading of the Community Benefit Agreement and Development Agreement between the City of Dublin and Kingsmill Group/Diamond Heights Investments for a mixed use retail and residential project in Downtown Dublin. STAFF RECOMMENDATION: Waive the reading and adopt Ordinance approving a Community Benefit Agreement and Development Agreement between the City of Dublin and the Kingsmill Group/Diamond Heights Investments for a Mixed-Use Retail/Residential Project. 4.6. Acceptance of Work— Contract No. 12-01, Dublin Citywide Street Resurfacing Project The Annual Street Overlay Program (CIP No. 969103) resurfaced Silvergate Drive and Clark Avenue by placing 11/4" asphalt concrete overlay on top of existing pavement. The work was performed under an agreement, awarded by the City Council on June 5, 2012, with G. Bortolotto & Co., Inc. STAFF RECOMMENDATION: Accept improvements under Contract No. 12-01, Dublin Citywide Street Resurfacing Project, and release retention after 35 days if there are no subcontractor claims. 4.7. Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code The City Council will consider the adoption of an ordinance amending the City of Dublin Conflict of Interest Code. STAFF RECOMMENDATION: Waive the reading and adopt Ordinance amending Dublin Municipal Code Chapter 2.24, pertaining to the City's Conflict of Interest Code. 4.8. Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long- Term Encroachment for Landscape Features, and Acceptance of Park Land Dedication In-Lieu Fees and Credits for Tract 8108, Neighborhood "E-1", Positano/Fallon Village (D. R. Horton) D. R. Horton, dba D. R. Horton BAY Inc., is filing a Final Map for Tract 8108 (Neighborhood "E-1") to create 134 individual lots for the construction of homes. STAFF RECOMMENDATION: Adopt Resolution Approving Final Map and Tract Improvement Agreement for Tract 8108, Neighborhood "E-1," Positano/Fallon Village; Adopt Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8108, Neighborhood "E-1," Positano/Fallon Village; and Adopt Resolution Accepting Parkland Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8108, Neighborhood "E-1," Positano/Fallon Village. 5. WRITTEN COMMUNICATION—None. 6. PUBLIC HEARINGS 6.1. Moller Ranch, General Plan and Eastern Dublin Specific Plan Amendments, Planned Development Rezone with related Stage 1 and Stage 2 Development Plans, a Development Agreement, and a Supplemental Environmental Impact Report for a 226.3-Acre Project Area Located Along the East Side of Tassajara Road South of the City Limits The City Council will consider a request for land use amendments to both the General Plan and the Eastern Dublin Specific Plan to change the land use designation for Moller Ranch to: a) 79.6 acres - Single-Family Residential (.09 to 6 units per acre), b) 136.8 acres - Rural Residential/Agricultural (1 unit per 100 acres), c) 7.6 acres - Open Space/Stream Corridor, d) 1.2 acres - Semi-Public, and e) 1.1 acres - Neighborhood Park (no change). The project also includes a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans and concurrent approval of a Development Agreement and a Supplemental Environmental Impact Report. December 18, 2012 City Council Meeting Page 3 of 6 STAFF RECOMMENDATION: Conduct the public hearing, deliberate, adopt Resolution certifying a Supplemental Environmental Impact Report and adopting Mitigation Findings, Findings regarding alternatives, a statement of overriding considerations and a Mitigation Monitoring and Reporting Program for the Moller Ranch/Moller Creek Culvert Replacement Project; adopt Resolution approving a General Plan and Eastern Dublin Specific Plan Amendment to change the land use designation for Moller Ranch; waive the reading and INTRODUCE Ordinance approving a Planned Development Rezone with related Stage 1 and Stage 2 Development Plans for the Moller Ranch project; and waive the reading and INTRODUCE Ordinance approving a Development Agreement between the City of Dublin and Braddock and Logan Services, Inc. for the Moller Ranch Project. 7. UNFINISHED BUSINESS 7.1. Proposed Financial Assistance to the Tri-Valley Housing Opportunity Center The Tri-Valley Housing Opportunity Center (TVHOC) is requesting $525,000 in financial assistance from the Cities of Dublin, Livermore and Pleasanton to meet its current and future operating expenses. The financial assistance includes a $155,000 loan to meet outstanding debt obligations, a $100,000 pledge as an incentive to promote the sale of a portion of its real estate holdings, and a $270,000 three-year grant to meet its current and projected future operating expenses. At this time, Staff is recommending that City Council approve a $51,667 expenditure representing Dublin's share of the $155,000 loan and that Staff be authorized to enter into negotiations with the Cities of Livermore and Pleasanton and the TVHOC regarding the full request for financial assistance. The final loan terms, and any future financial assistance, will be developed cooperatively between the Cities and TVHOC. The Staff recommendation includes authorization to execute the loan documents in a form approved by the City Attorney. The Town of Danville and City of San Ramon, which had been involved with the TVHOC previously, have declined to participate with this program. STAFF RECOMMENDATION: Approve a $51,667 appropriation from the Inclusionary Zoning In Lieu Fee Fund representing Dublin's share of the $155,000 loan to the TVHOC to meet existing debt; authorize the City Manager to enter into a loan agreement with the Tri-Valley Housing Opportunity Center and the Cities of Livermore and Pleasanton as approved to form by the City Attorney; and authorize the City Manager to negotiate with the Cities of Livermore and Pleasanton and Tri-Valley Housing Opportunity Center regarding terms required for the recommended and additional financial assistance, including increased City oversight of TVHOC activities. 8. NEW BUSINESS 8.1. Comprehensive Annual Financial Report (CAFR) and Annual Audit for the Fiscal Year Ending June 30, 2012 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, 2012. 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 supplemental reports related to: 1) Federal Grant — Single Audit; 2) A compliance audit of Alameda County Transportation Measure B Funds; 3) Compliance with Alameda County Transportation Commission Vehicle Registration Fund (ACTC-VRF) Program; and 4) A Review of the Annual Appropriations Limit Calculation. STAFF RECOMMENDATION: Receive and file the reports. December 18, 2012 City Council Meeting Page 4 of 6 8.2. Holanda Lane General Plan Amendment Study Initiation Request The City Council will consider whether to initiate a General Plan Amendment Study to change the land use designation for a single residential parcel at 8010 Holanda Lane from Single Family Residential (0.9 to 6.0 units per acre) to Medium Density Residential (6.1 to 14.0 units per acre). STAFF RECOMMENDATION: Adopt Resolution approving the initiation of a General Plan Amendment Study to change the land use designation for a single residential parcel at 8010 Holanda Lane from Single Family Residential (0.9 to 6.0 units per acre) to Medium Density Residential (6.1 to 14.0 units per acre); OR adopt Resolution denying the initiation of a General Plan Amendment Study to change the land use designation for a single residential parcel at 8010 Holanda Lane from Single Family Residential (0.9 to 6.0 units per acre) to Medium Density Residential (6.1 to 14.0 units per acre). 8.3. Green on Park Place General Plan and Eastern Dublin Specific Plan Amendment Study Initiation Request The City Council will consider whether to initiate a General Plan and Specific Plan Amendment Study to change both the General Plan and Eastern Dublin Specific Plan land use designations for 27.45 acres of property at 5144 and 5344 Hacienda Drive from General Commercial to a new Mixed Use land use designation. STAFF RECOMMENDATION: Adopt Resolution Approving the Initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to Change the Land Use Designation on Approximately 27.45 acres at 5144 and 5344 hacienda Drive from General Commercial to a New Mixed Use land use designation; OR adopt Resolution Denying the Initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to Change the Land Use Designation on Approximately 27.45 acres at 5144 and 5344 Hacienda Drive from General Commercial to a new Mixed Use Land Use Designation 8.4. Appointment of Delegate to Attend the National League of Cities Congressional City Conference and Designation of Voting Delegate for the 2013 National League of Cities Annual Conference 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 2013, and appointing a voting delegate, and an alternate, to attend and vote, on the City's behalf, at the NLC Annual Conference in November of 2013. 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 2013, and appoint a voting delegate, and an alternate, to attend and vote on the City's behalf at the NLC Annual Conference in November of 2013. 8.5. City Councilmember Dublin Pride Week Committee Appointments The City Council will consider appointing two of its members to the 2013 Dublin Pride Week Committee for a limited term beginning January 2013 and ending December 2013. 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: Appoint two Councilmembers to the Dublin Pride Week Committee and confirm the appointments for the limited term of January 2013 through December 2013. 9. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and for Staff, including Committee Reports and Reports by Council related to Meetings Attended at City Expense (AB1234). 10. CLOSED SESSION 11. REPORT ON CLOSED SESSION 12 ADJOURNMENT—In memory of Staff Sgt. Sean Diamond and our fallen troops. December 18,2012 City Council Meeting Page 5 of 6 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 12/14/2012 9:02 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 offirst-class recreational opportunities,facilities and programs. December 18,2012 City Council Meeting Page 6 of 6