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HomeMy WebLinkAbout*11-01-2011 CC Agenda REGULAR MEETING Tuesday, November 01, 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 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. REGULAR MEETING 7:00 PM 1. Call to Order 2. Pledge of Allegiance to the Flag 3. ORAL COMMUNICATIONS 3.1. Proclamations to Girl Scouts Gold Award Recipients The City Council will present proclamations to two Girl Scouts Gold Award recipients. STAFF RECOMMENDATION: Present proclamations. 3.2. Recognition ofInside Dublin 2011 Participants The City Council will recognize the Inside Dublin 2011 participants. STAFF RECOMMENDATION: Recognize participants. 3.3. Acceptance of Gifts from 2011 Dublin Community Golf Tournament Sponsors The City Council will receive a report on the donations made for the 2011 Dublin Community Golf Tournament from Dublin businesses and organizations to support the City's Youth Fee Assistance Program. STAFF RECOMMENDATION: As per Government Code Section 37354, it is recommended that all gifts and contributions be formally accepted by the City Council. Therefore, Staff recommends that the City Council recognize the sponsors and formally accept the contributions. 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 piace 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 at the public may contact the City Cierk'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(bIl1112113). 4. CONSENT CALENDAR Consent Calendar items are typicaily 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. November 1,2011 Dublin City Council Agenda Page 1 of 5 4.1. Minutes of Regular City Council Meeting of October 18, 2011 The City Council will consider approval of the minutes of the Regular City Council Meeting of October 18, 20 II. STAFF RECOMMENDATION: Approve minutes. 4.2. Urban Greening for Sustainable Communities Projec't Application On June 17, 2011 a concept proposal was submitted to the State of California seeking funding through the State of California - Urban Greening Grant Program. The proposal seeks State funding for Shannon Community Center and Park to re-construct the parking area with pervious paving, provide creek restoration work, tree planting, bio-swales and improve soil biology to reduce nitrogen use. The City was selected to submit a full proposal and, as part of the process, a resolution is required from the City Council approving the application submission. The project is included in the proposed Five Year Capital Improvement Program for Fiscal Year 2011-12, but work on the project would be contingent on being awarded the grant and entering into an agreement with Zone 7 to provide their services. ST AFF RECOMMENDATION: Staff recommends that the City Council adopt resolution approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). 4.3. Acceptance of Work - Contract No. 11-07,2010-2011 Annual Street Overlay Program (MCK Services, Inc. CIP#969102) A contract was awarded by the City Council on June 7, 2011 to MCK Services, Inc. for the Annual Street Overlay Program (CIP No. 969102) which resurfaced various streets including the reconstruction of the existing pavement on Dublin Boulevard between Civic Plaza and Dublin Court. The Public Works Department has determined that the work under this contract is now complete and ready for acceptance. STAFF RECOMMENDATION: Staff recommends that the City Council accept the improvements under Contract No. 11-07, 20 I 0- 2011 Annual Street Overlay Program, with MCK Services, Inc., and authorize the release of retention after 35 days if there are no subcontractor claims. 4.4. Check Issuance Reports and Electronic Funds Transfers (300-40) STAFF RECOMMENDATION: Review and authorize the issuance of payments. 5. WRITTEN COMMUNICATION 5.1. Lincoln Highway Sign Proposal The City Council will receive a report on a request from the Dublin Historical Preservation Association (DHP A) to install four historic "Lincoln Highway" signs at strategic locations on Dublin Boulevard. STAFF RECOMMENDATION: Staff recommends that the City Council receive the report and approve the Lincoln Highway Sign Proposal. 6. PUBLIC HEARINGS 6.1 PLPA-2011-00020 Appeal of Planning Commission Denial of the All American Label Site Development Review for a 4,456 Square Foot Addition to an Existing Building The City Council will consider an appeal of the Planning Commission's denial of a Site Development Review Permit for a 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court. Thc Proposed Project was determined to be inconsistent with the General Plan in that the addition will cause the building to exceed the maximum floor area ratio (F AR) established by the General Plan Business Parkllndustrialland use category. This item was continued from the October 4, 20 II City Council meeting. November]. 2011 Dublin City Council Agenda Pagc 2 of 5 STAFF RECOMMENDATION: 1) Receive Staff presentation; 2) Disclose Ex Parte Contacts; 3) Reopen the public hearing; 4) Take testimony from the Applicant and the public; 5) Close the public hearing and deliberate; and either 6) Affirm the Planning Commission's adoption of Resolution 11-24 denying a Site Development Review Permit for a 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court and affirming the Planning Commission's Findings; OR 7) Direct the City Attorney to prepare findings for the City Council to reverse the Planning Commission's action. 7. UNFINISHED BUSINESS 7.1 Business ParklIndustrial General Plan Amendment Study The City Council will consider the initiation of a General Plan Amendment Study and accompanying Urgency Ordinance (Development Moratorium) for either a portion of, or all properties in Dublin with a Business Park/Industrial General Plan land use designation. STAFF RECOMMENDATION: I) Receive Staff presentation; 2) Deliberate; and 3) Take one of the following actions: 3a) Direct staff to prepare an amendment to the General Plan that clarifies the General Plan provisions relating to the minimum and maximum Floor Area Ratios (FARs) for various land uses in the General Plan. No Urgency Ordinance establishing a moratorium is required with this option. 3b) Adopt a Resolution approving the initiation of a General Plan Amendment Study to increase the maximum Floor Area Ratio for all properties with a Business Park/Industrial General Plan land use designation from 0.40 to 0.50, and also study potential new uses that could be allowed in the area. With this option the City Council would also waive the reading and adopt an Urgency Ordinance making Findings and establishing a moratorium on the development of any property with a Business Park/Industrial General Plan land use designation in excess of a .40 FAR pending the completion of a General Plan Amendment Study. 3c) Adopt a Resolution approving the initiation of a General Plan Amendment Study to create a new land use category for properties in the Sierra Court/Sierra Lane/Trinity Court area with a Business Parkllndustrial General Plan land use designation with a maximum Floor Area Ratio (FAR) of 0.50, and also study potential new uses that could be allowed in the area. With this option the City Council would also waive the reading and adopt an Urgency Ordinance making Findings and establishing a moratorium on the development of any property with a Business Park/Industrial General Plan land use designation in excess of a .40 FAR pending the completion of a General Plan Amendment Study. 3d) Adopt a Resolution approving the initiation of a General Plan Amendment Study to create a new land use category for properties in the Sierra Court/Sierra Lane/Trinity Court area with a Business Park/Industrial General Plan land use designation with a maximum Floor Area Ratio (FAR) of 0.50. With this option the City Council would also waive the reading and adopt an Urgency Ordinance making Findings and establishing a moratorium on the development of any property with a Business Park/Industrial General Plan land use designation in excess of a .40 FAR pending the completion of a General Plan Amendment Study. 3e) Adopt a Resolution approving the initiation of a General Plan Amendment Study to create a new land use category for properties in the Sierra Court/Sierra Lane/Trinity Court area with a Business Park/Industrial General Plan land use designation with a maximum Floor Area Ratio (FAR) of 0.50 for warehouse uses at the discretion of the City Council and a maximum Floor Area Ratio (FAR) of.40 for all other permitted uses. With this option the City Council would also waive the reading and adopt an Urgency Ordinance making Findings and establishing a moratorium on the development of any property with a Business November 1,2011 Dublin City Council Agenda Page 3 of 5 Park/Industrial General Plan land use designation in excess of a .40 FAR pending the completion of a General Plan Amendment Study. 7.2 P A 02-030 - Amendment to the City of Dublin/County of Alameda Agreement regarding the enforcement of Conditions of Approval for the East County Hall of Justice (Alameda County Courthouse) The East County Hall of Justice (ECHO]) Site Development Review approval was granted by the City Council on December 15, 2009. The Conditions of Approval and associated City/County Agreement state that the approval is valid for twenty-four (24) months. The County is moving forward with the construction of the project, but will not be underway before the SDR approval expires on December 15, 2011. The County is requesting an eighteen (18) month extension, which necessitates an amendment to the City/County Agreement. STAFF RECOMMENDATION: Staff recommends that the City Council adopt a Resolution approving an amendment to the Agreement between the City of Dublin and the County of Alameda regarding the enforcement of Conditions of Approval for the East County Hall of Justice (Alameda County Courthouse). 7.3 Draft Food and Wine Festival Event Plan The City Council will receive a report on a Draft Food and Wine Festival Event Plan for September of2012 at Emerald Glen Park, which will replace the discontinued Day on the Glen Festival. ST AFF RECOMMENDATION: Staff recommends that the City Council receive the report and approve the Food and Wine Festival Plan or provide alternate direction. 7.4 Update on the First Year of the City's Website In September 2010, the City launched its new website - www.dublin.ca.gov. Staff will make a presentation on the success of the new website to the City Council. STAFF RECOMMENDATION: Staffrecommends that the City Council receive the presentation. 8. NEW BUSINESS 8.1 Semi-Public Facilities The City Council will receive information on the status of Semi-Public designated properties and recent General Plan Amendments related to Semi-Public and Public/Semi-Public designated properties. STAFF RECOMMENDATION: Staif recommends that the City Council receive the information presented in this report. 8.2. Update on Small Business Activities and Partnership Opportunities with the Dublin Chamber of Commerce One of the City Council's FY 2011/12 strategic initiatives for Economic Development is to identify partnership opportunities with the Dublin Chamber of Commerce to assist small businesses. To that end, the City has developed the following small business activities: small business incentives; small business resources brochure; partnering with the Dublin Chamber of Commerce to launch business seminars and a Shop Local Holiday Campaign; and updates to the City's website. This report will provide an update on small business activity and partnerships with the Dublin Chamber of Commerce. STAFF RECOMMENDATION: Staff recommends that the City Council accept the report. 8.3. Report on Proposed StopWaste.Org Mandatory Recycling and Single-use Ban Ordinances The City Council will receive a report on two proposed Countywide ordinances being prepared by the Alameda County Waste Management Authority (StopWaste.org). The first ordinance would place a mandate on businesses and multi-family dwellings to recycle all recyclable and compostable materials, and prohibit them from placing such materials in a garbage container. The second ordinance would ban single-use bags from being used within the County and require that November 1,2011 Dublin City Council Agenda Page 4 of 5 businesses begin charging their customers a fee for giving out reusable bags. STAFF RECOMMENDATION: Staff recommends that the City Council receive the report and discuss the potential impacts of said ordinances on the City of Dublin. 8.4. 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 this process, an Ad Hoc Committee comprised of two Dublin City Council members 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. STAFF RECOMMENDATION: Confirm the appointment of Councilmember Biddle and Councilmember Swalwell to the Citizens/Organization of the Year Ad Hoc Committee. 9. OTHER BUSINESS Brief INFORMA TION ONL Y reports from Council and/or Staff, including Committee Reports and Reports by Council related to Meetings Attended at City Expense (AB 1234). 10. Adjournment This AGENDA is posted in occordance with Government Code Section 54954.2(0) If requested, pursuant to Government Code Section 54953.2, this agenda shail 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 use Section 12132), and the federal rules and regulations adopted in implementation thereof To make a request lor 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 10/27/2011 2.30 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 belie/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 affirst-class recreational opportunities, facilities and programs. November I, 2011 Dublin City Council Agenda Page 5 of 5