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HomeMy WebLinkAbout*04-05-2011 CC Agenda REGULAR MEETING Tuesday, April 5, 2011 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 .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 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. I. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Pursuant to Section 54956.9(c) of the Government Code: 1 case II. 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, RG11555497 III. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: City of Dublin v. AA Label, Inc., Alameda County Superior Court, RG11561163 IV. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5777 Scarlett Court, Dublin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: Price and terms of payment V. CONFERENCE WITH REAL PROPERTY NEGOTIATORS .Property: 6438 Sierra Court, Dublin Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Saadeh Corp. DBA Alameda County Auction Under negotiation: 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 Apri15, 2011 Dublin City Council Agenda Page 1 of 5 3. ORAL COMMUNICATIONS 3.1 Rotary Superstars (610-50) Ms. Janine Thalblum, Community Service Chair of the Dublin Rotary Club, will recognize the winners of the Dublin Rotary Superstars from the City of Dublin, Alameda County Fire Department, Alameda County Sheriffs Department, and the Dublin Unified School District. STAFF RECOMMENDATION: Receive the presentation. 3.2 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 Regular Meeting of March 15, 2011. STAFF RECOMMENDATION: Approve minutes. 4.2 Acceptance of Improvements Associated with. Tract 7524 "The Terraces", Neighborhood H- 2 (Phase 2) Dublin Ranch Area G (Toll-Dublin, LLC) (600-60) Toll-Dublin, LLC recently completed improvements associated with ,Tract 7524, "The Terraces", Neighborhood H-2 (Phase 2), Dublin Ranch Area G. Tract 7524 is located east of Tassajara Road, north of Dublin Boulevard, west of Keegan Street, and south of Maguire Way within the southeast corner of Area G of the Dublin Ranch Development. The project includes four 4-story multi-family buildings constructed over two levels of subterranean parking, along with associated grading, driveways, and landscaping. Since the improvements have now been completed, it is appropriate to accept the improvements and release the bonds that guaranteed the work. STAFF RECOMMENDATION: Adopt Resolution Accepting the Improvements for Tract 7524 (Neighborhood H-2, Phase 2, Dublin Ranch Area G). 4.3 Approval of Final Map for Tract 7540, Silvera Ranch Phase 4 (KB Homes), and Acceptance of Parkland Dedication In-Lieu Fees (410-50) KB Homes, dba KB Home South Bay; Inc., has purchased Tract 7540, Silvera Ranch Phase 4 from Pinn Brothers Fine Homes, dba Pfeiffer Ranch Investors II, Inc., and is filing the Final Map to create 44 individual lots for the construction of homes on these lots. STAFF RECOMMENDATION: Adopt Resolution Approving. Final Map for Tract 7540, Silvera Ranch, Phase 4; and adopt Resolution Accepting Parkland Dedication In-Lieu Fees, Parkland Dedication Requirements for Tract 7540; Silvera Ranch Phase 4. 4.4 Consultant Services Agreement with Interwest Consulting Group (600-30) The City Council will consider an agreement with Interwest Consulting Group to assist Staff with Building and Safety Services on an as needed basis. STAFF RECOMMENDATION: Adopt Resolution Approving an Agreement between the City of Dublin and Interwest Consulting Group. 4.5 Approval of Partial Release of Security for Tract 7855, Neighborhood C-3, Positano/ Fallon Village (Braddock and Logan) (340-80) Braddock and Logan previously posted bonds to guarantee the construction of tract improvements associated with Tract 7855. As these improvements are now more than 80% complete, the City may accept replacement bonds in the amount of 25% of the original bonds, and the original bonds maybe released. STAFF RECOMMENDATION: Adopt Resolution approving Partial Release of Security for Tract 7855, Neighborhood C-3, Positano / Fallon Village. April 5, 20l 1 Dublin City Council Agenda Page 2 Of S 4.6 Approval of Final Map for Tract 8050, Neighborhood "C-3 Positano/Fallon Village (Braddock and Logan) and Acceptance of Parkland Dedication (410-50) Tract 7855, Neighborhood "C-3" of the Positano development in Fallon Village (owned by Braddock and Logan) created 23 single family parcels and 11 parcels for future resubdivision and development. Braddock and Logan is filing Final Map 8050 to resubdivide Parcels F, G, H, and I. This action will create 76 individual lots; single family homes will be constructed on 61 lots, and 15 lots will contain a single family home and a second unit. STAFF RECOMMENDATION: Adopt Resolution Approving the Final Map for Tract 8050, Neighborhood "C-3", Positano/ Fallon Village; and adopt Resolution Accepting Parkland Dedication Credits and Fees for Parkland Dedication Requirements for Tract 8050. 4.7 Appropriation of Funds for Associated Community Action Program (ACAP) Contribution and Authorization for the City Manager to execute Agreements and Authorizing the City of Dublin to serve as Fiscal Agent (600-40) Alameda County and twelve cities in the county (each incorporated city except Berkeley and Oakland) formed Associated Community Action Program (ACAP) to provide and administer social service related programs. The City Managers and the Alameda County Chief Executive have determined that there are administrative and legal issues that must be resolved in the operation of ACAP leading to the agency ceasing its operations. The City of Dublin has initially accepted responsibility as fiscal agent to collect and account for contributions from all agencies and to coordinate administrative services. This action will appropriate funds for the City of Dublin's share of the contribution and authorize Staff to perform certain fiscal agent functions. STAFF RECOMMENDATION: 1) Authorize a budget change in the amount of $25,000 with approval for the City Manager to administratively increase this amount up to an additional $25,000, based on the cooperating agencies determination that additional contributions from the member are required; 2) Authorize the City Manager, in consultation with the City Attorney, to execute a cooperation agreement with the other members of ACAP; and 3) Confirm and authorize the City Manager to enter into contracts to be funded from contributions made by the member agencies to a special trust fund held by the City of Dublin. 4.8 Check Issuance Reports and Electronic Funds Transfers (300-40) STAFF RECOMMENDATION: Review and authorize the issuance of payments. 5. WRITTEN COMMUNICATIONS 5.1 Request for the Placement of Purple Ribbons on City Street Trees to Recognize the American Cancer Society's "Paint Your Town Purple" Campaign (130-60) The City Council will consider Tammy Goldstein's request for the placement of Purple Ribbons on City street trees to recognize the "Paint Your Town Purple" Campaign. STAFF RECOMMENDATION: Approve the placement of purple ribbons on City Street trees. 6. PUBLIC HEARINGS 6.1 Introduction of an Ordinance Extending the Temporary Suspension of the Public Art Requirement for Residential Projects (450-20) In April, 2009, the ,City Council introduced and adopted an ordinance "Temporarily Suspending the Public Art Requirement for Residential Projects in excess. of 20 units" for a two year term, which expires in May 2011. Staff was directed by the City Council to review the state of residential development in the City towards the end of the two year suspension, in order to make a recommendation to possibly extend the suspension for an additional period of time. Given the fact that the economic downturn is continuing to affect Dublin, Staff is recommending that the current ordinance suspending the public art requirement for residential projects be extended for two more years. April 5, 2011 Dublin City Council Agenda Page 3 of 5 STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and INTRODUCE Ordinance Temporarily Suspending the Provisions of Sections 8.58.OSO.A and 8.58.OSO.D of the Dublin Municipal Code Relating to Public Art Contribution Requirements for Residential Projects in Excess of 20 Units. 6.2 Weeds and Combustible Refuse Abatement Order (540-50) In accordance with Resolution No. 12-11 (adopted February 15, 2011), the City Council declared that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION: Conduct public hearing; deliberate; and direct Staff to continue the weed abatement process. 6.3 Zoning Ordinance Amendments - Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Implementation of the 2009-2014 Housing Element (430-20) On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009-2014 planning period and on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development. The Housing. Element contains programs that define the specific actions the City will undertake to achieve the goals and policies set forth in the Housing Element. Some of the programs require that the Zoning Ordinance be amended to facilitate the development of a variety of housing options. The proposed Zoning Ordinance Amendments include amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the addition of Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). The City Council will consider the proposed Zoning Ordinance Amendments. STAFF RECOMMENDATION: Conduct public hearing; deliberate, waive reading and INTRODUCE an Ordinance amending Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and adding Zoning Ordinance Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). 7. UNFINISHED BUSINESS -None. 8. NEW BUSINESS 8.1 Dublin Heritage Park and Museums Dedication Event (295-10) The City Council will receive a report on the proposed plans for the Grand Opening and Dedication of the Dublin Heritage Park & Museums. STAFF RECOMMENDATION: Approve the proposed plan for the Grand Opening of the Heritage Park & Museums and indicate the preferred date for the event. 8.2 Replacement of Day on the Glen Festival (950-40) Staff will be presenting a report on the results of a community survey conducted in November of 2010 which suggests that the community supports conducting a second festival in Dublin. Based on the survey, Staff is recommending offering a second festival starting in fall 2012 that would incorporate some of the popular elements of Day on the Glen, yet have a new theme and features. April 5, 2011 Dublin City Council Agenda Page 4 of 5 STAFF RECOMMENDATION: Receive the report and determine if a new festival should be reintroduced in 2012. If so, provide a recommendation for the preferred event theme and the program elements to add to a new festival. 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 3/30/2011 3:02.•40 PM 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 first-class recreational opportunities, facilities and programs. April 5, 2011 Dublin City Council Agenda Page 5 of 5