HomeMy WebLinkAbout*CC Agenda 12-15-2009REGULAR MEETING
Tuesday, December 15, 2009, 7:00 p.m.
DUBLIN CIVIC CENTER, 100 Civic Plaza
DUBLIN CITY COUNCIL
'~AGENDA'~
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CALL TO ORDER & CLOSED SESSION 6:30 P.M.
CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
Government Code section 54956.9, subdivision (a)
Name of Case: City of Dublin v. PKII Dublin Retail Center L.P. et al, Alameda County Superior Court,
Case No. RG08390521
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 Amador Lakes Community of the Year and Ki Hwang Community Manager of the Year
Proclamation (610-50)
3.2 Public Outreach Program by Dublin Unified School District (515-20)
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).
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 -None.
December 15, 2009 Dublin City Council Agenda Page 1 of 6
4.2 Dublin Ranch North Annexation Area (PA 08-045) (600-60)
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 project site consists of two parcels, which includes a 157.2 acre parcel owned by the Lin
family and a 0.5 acre site owned by the Dublin San Ramon Services District (DSRSD). 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 30.4 acres (in the future). The
remaining portion of the Lin parcel (126.8 acres) will be designated as Open Space and
maintained in a permanent conservation easement. The 0.5 acre DSRSD parcel is improved
with a water tank and access road. No additional development is proposed on this parcel. The
Applicant also requests approval of a Development Agreement as required by the Eastern
Dublin Specific Plan in addition to aPre-Annexation Agreement.
STAFF RECOMMENDATION: Waive reading and adopt Ordinance Prezoning the Dublin
Ranch North Annexation Area to the Planned Development Zoning District and Approving a
Related Stage 1 and Stage 2 Development Plan; and waive the reading and adopt an Ordinance
Approving a Development Agreement for Dublin Ranch North between the City of Dublin and
Hong Yao Lin and Hong Lien Lin.
4.3 Annual Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code
Sections 66002, 66006 and 66008 (AB 1600) (390-20)
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 2008-09. The analysis has determined that all funds held for
more than 5 years are necessary to complete identified projects.
STAFF RECOMMENDATION: Accept the Annual Report of Developer Impact Fee Funds for
the Year Ended June 30, 2009; and adopt Resolution Making Findings Regarding Unexpended
Traffic Mitigation Contributions for Fiscal Year 2008-2009.
4.4 Request to Waive Competitive Bid Process and Authorize Staff to Purchase Specialized
Police Vehicles Directly from Vendor (350-20)
Dublin Police Services currently has three of seventeen patrol vehicles scheduled for
replacement. Staff is requesting to waive the competitive bid process and purchase the
vehicles from Folsom Lake Ford at the State contract price.
STAFF RECOMMENDATION: Adopt Resolution Waiving the Competitive Bid Process and
Authorizing Staff to Purchase Specialized Police Vehicles Directly from the Vendor.
4.5 Consortium Agreement with Alameda County for Round 2 Neighborhood Stabilization
Program (600-40)
The City Council entered into a Consortium Agreement with the County and cities within
Alameda County to apply for Round 2 Neighborhood Stabilization Program funds that were
authorized through the American Recovery and Reinvestment Act of 2009. Alameda County
is taking the lead role in the process and would administer the Program. In anticipation that
the Application will be approved, Alameda County has requested that each of the cities within
the Consortium enter into a separate Consortium Funding Agreement with the County that
would be required by the United States Department of Housing and Urban Development
(HUD) should the Application be approved. The City Council will consider whether to
approve the proposed Consortium Funding Agreement.
December 15, 2009 Dublin City Council Agenda Page 2 of 6
STAFF RECOMMENDATION: Adopt Resolution Approving a Consortium Funding
Agreement with the County of Alameda for the Purpose of Implementing the Neighborhood
Stabilization Program -Phase 2 in the Alameda County Consortium Jurisdiction.
4.6 Approval of Parcel Map 9827 and Tract Improvement Agreement Parcel Map 9827, Fallon
Gateway (600-60)
Parcel Map 9827 creates five parcels and related easements for the future development of the
Fallon Gateway Commercial Center by the Stanforth Holding Company on the west side of
Fallon Road between Dublin Boulevard and I-580.
STAFF RECOMMENDATION: Adopt Resolution Approving Parcel Map 9827 and Tract
Improvement Agreement Parcel Map 9827, Fallon Gateway.
4.7 Approval of Final Map for Tract 8034, Neighborhood "B2," Positano/Fallon Village
(Braddock and Logan) and Acceptance of Parkland Dedication (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.
Braddock and Logan is filing Final Map 8034 (Neighborhood "B2") to create 39 individual
lots and will construct the homes on these lots.
STAFF RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 8034,
Neighborhood "B2," Positano/Fallon Village; adopt Resolution Recording a Transfer of
Community Parkland Credits Originally Calculated in City Council Resolution No. 58-08; and
adopt Resolution Accepting Parkland Dedication Credits for Parkland Dedication Requirements
for Tract 8034.
4.8 Consultant Agreement to update Eastern Dublin Fiscal Analysis (600-30)
The City Council will consider entering into a Consultant Agreement with Willdan Financial
Services, Inc. to prepare the annual Eastern Dublin Fiscal Analysis.
STAFF RECOMMENDATION: Adopt Resolution Approving the Selection of Willdan
Financial Services, Inc. to Update the Eastern Dublin Fiscal Analysis; and authorize the City
Manager to execute the agreement with Willdan Financial Services, Inc. in the amount not to
exceed $25,000.
4.9 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 Alameda County East County Hall of Justice (ECHOJ) Site Development Review
Amendment and CEQA Addendum, PA 02-030 (410-30/400-20)
The original East County Hall of Justice (ECHOJ) Site Development Review approval was
granted by the City Council in November 2004 (City Council Resolution 220-04). Since that
time, Alameda County has reassessed their needs for the facility and has redesigned the
project. Overall, the project site remains the same, although the building placement is slightly
different due to the change in building footprint and configuration.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; and adopt Resolution
Certifying that the City Council Reviewed and Considered the CEQA Addendum for the East
County Hall of Justice Dated November 30, 2009 PA 02-030; adopt Resolution Approving PA
02-030, a Site Development Review Amendment to Construct a 196,219 Square Foot Building
Comprised of Courtrooms, Offices, and Associated Facilities On 21.77 Acres Located on the
North Side of Gleason Drive Between Madigan Road and Arnold Drive, and Approving the
Associated 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.
December 15, 2009 Dublin City Council Agenda Page 3 of 6
6.2 Introduction of Ordinance Repealing Current Chapter 5.104 and Adding New Chapter
5.104 to the Dublin Municipal Code Related to Newsracks, Addressing the Installation of
City-Owned Newsracks
The City Council will consider an Ordinance repealing current Chapter 5.104, Newsracks, and
adding Chapter 5.104, Newsracks, of the Dublin Municipal Code to address the City's plan to
move to a system of City-owned newsracks. In the first phase of the program, privately-
owned newsracks on Dublin Boulevard will be replaced by newsracks purchased by the City
with grant funds. The City will take responsibility for repairing and maintaining the City-
owned newsracks. In future phases, the City will replace all remaining privately-owned
newsracks located in public rights of ways with City-owned and maintained newsracks.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE an Ordinance Repealing Current Chapter 5.104 of the Dublin Municipal Code
relating to Newsracks and adding Chapter 5.104 relating to Newsracks; and adopt Resolution
Amending Resolution 49-06 to Revise the Adopted Fee Schedule and Add a Permit Fee for
Locating Within aCity-Owned Newsrack.
6.3 Public Hearing: Review of Engineering Survey Results and Establishment of Speed Limit
for Dougherty Road (590-20)
First reading of a proposed ordinance which would establish a new speed limit of 40 mph on
Dougherty Road between Scarlett Drive/Park Sierra and Dublin Boulevard, since an updated
engineering and traffic survey supports a speed limit other than what is currently posted.
STAFF RECOMMENDATION: Conduct public hearing; deliberate; waive reading and
INTRODUCE an Ordinance Amending the Dublin Traffic Code to Establish a New Speed Limit
on Certain Portions of Dougherty Road (Scarlett Drive/Park Sierra to Dublin Boulevard).
7. UNFINISHED BUSINESS
7.1 Dublin Transit Center Public Art Project Update (600-30)
The City Council has a high priority objective for Fiscal Year 2009-2010 to "Work with the
developer to locate significant works of art in two key places of the Dublin Transit Center, the
Campbell Green and the Iron Horse Plaza". The City Council will receive an update on the
Transit Center Public Art Project.
STAFF RECOMMENDATION: Accept offer from Avalon Bay Development to contribute
$50,000 for artwork for the median strip adjacent to Campbell Green; direct Staff to include
conditions related to the artwork contribution in the Development Agreement for the Avalon Bay
Site C project; and prepare an amendment to the Agreement with artist Cliff Garten to delete the
requirement to prepare a design for the median strip adjacent to Campbell Green.
7.2 Follow-Up Regarding Dublin Ranch Safety and Evaluation of Current Neighborhood
Traffic Safety Program (590-90)
This item is a follow-up item to the December 2, 2008, and February 17, 2009, agenda items
related to traffic safety. This report reviews current procedures for evaluating neighborhood
traffic safety and re-evaluates the need for a crossing guard at North Dublin Ranch Drive/Oak
Bluff Lane/Groveland Lane. This item seeks direction from City Council on whether to
proceed with a pilot program to evaluate the effectiveness of speed feedback signs.
STAFF RECOMMENDATION: For the City to continue with its current program when
responding to neighborhood traffic safety requests. Staff does not recommend the placement of
a crossing guard at North Dublin Ranch Drive/Oak Bluff Lane/Groveland Lane. Finally, Staff
recommends that the City Council direct Staff to implement signing and striping improvements
at Antone Way/Bridgepointe Lane. Staff recommends that the City Council consider with the
Fiscal Year 2010-2011 budget development of a Capital Improvement Program project to
implement a citywide speed feedback sign pilot program.
December 15, 2009 Dublin City Council Agenda Page 4 of 6
7.3 Municipal Financing District Partnership (530-10)
The City Council will consider adopting a resolution indicating that the City of Dublin intends
to partner with the County of Alameda and the City of Piedmont in a municipal financing
district. The City Council will also consider directing Staff to prepare a future report outlining
participation in the CaliforniaFIRST municipal financing district program.
STAFF RECOMMENDATION: Adopt Resolution Partnering with the County of Alameda and
City of Piedmont in a Municipal Financing Program; and direct Staff to prepare a Staff Report
for the City Council to consider participation in the CaliforniaFIRST municipal financing district
program.
7.4 City Sponsorship of Earl Anthony Memorial PBA Open (150-10)
The City Council will consider sponsorship of the Earl Anthony Memorial PBA Open.
STAFF RECOMMENDATION: Staff recommends that the City Council approve the
sponsorship of the Earl Anthony Memorial PBA Open and approve the Budget Change.
8. NEW BUSINESS
8.1 Request to Initiate a General Plan Amendment Study to Modify the General Plan Land
Use Designation of the Westernmost and Easternmost Portions of the Vacated Right-of-
Way of Scarlett Court (420-30)
The City Council will consider whether to authorize Staff to initiate a General Plan
Amendment Study to provide a land use designation for the westernmost and easternmost
portions of Scarlett Court which were recently vacated by the City Council.
STAFF RECOMMENDATION: Adopt Resolution Approving the Initiation of a General Plan
Amendment Study for the Westernmost and Easternmost Portions of Scarlett Court.
8.2 Report on the Feasibility of a Dublin Farmers' Market (470-10)
The Dublin City Council established a Fiscal Year 2009-2010 Goal and Objective to "explore
the feasibility of a farmers' market in Dublin." Staff has researched options and the cost
associated with the establishment of a farmers' market and is seeking further direction from
the City Council on this item.
STAFF RECOMMENDATION: Provide direction to Staff on the establishment of a Farmers'
Market.
8.3 City Councilmember Dublin Pride Week Committee Appointments (150-80)
The City Council will consider appointing two of its members to the 2010 Dublin Pride Week
Committee for a limited term beginning January 2010 and ending December 2010. 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 City Councilmembers to the
Dublin Pride Week Committee and confirm the appointments for the limited term of January
2010 through December 2010.
8.4 City Council Emergency Operations Center (EOC) Training (520-30)
The City Council will consider holding a disaster preparedness training session for City
Councilmembers to receive an overview of the Emergency Operations Center, the City's
disaster response plan, and the City Councilmember roles during an emergency. The City
Council will also consider providing Staff with a preferred date to hold the session.
STAFF RECOMMENDATION: Provide Staff with a date for holding disaster preparedness
training for City Councilmembers.
8.5 Environmentally Acceptable Food Utensils and Packaging Policy (530-10)
The City Council will consider adopting a resolution requiring the use of environmentally
acceptable food utensils and packaging at large City events.
STAFF RECOMMENDATION: Adopt Resolution Requiring the Use of Environmentally
Acceptable Food Utensils and Packaging at Large City Events.
December 15, 2009 Dublin City Council Agenda Page 5 of 6
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
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Agenda Printed 12/10/2009 2:07:47 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.
December 15, 2009 Dublin City Council Agenda Page 6 of 6