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HomeMy WebLinkAboutItem 4.01 Draft 7-7-09 CC Min DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING -July 7, 2009 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Government Code section 54956.9, subdivision (a) Name of Case: Arroyo Vista Tenants Association et al v. City of Dublin et al., U.S. District Court, Northern District of California, Case C 07-05794 MHP A regular meeting of the Dublin City Council was held on Tuesday, July 7, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 p.m., by Vice Mayor Hildenbrand. ROLL CALL PRESENT: Councilmembers Biddle, Hildenbrand, Scholz and Vice Mayor Hildenbrand ABSENT: Mayor Sbranti PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Vm. Hildenbrand stated there was no reportable action during Closed Session. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 28 G~~yoe Dopy REGULAR MEETING a,~~~a~ July 7, 2009 \\ '(~ %/ ~'1GIFOR~~ DRAFT ORAL COMMUNICATIONS Presentation by Alameda County Transportation Improvement Authority regarding Projects in the Tri-Valley 7:07 p.m. 3.1 (1060-40) Assistant City Manager Chris Foss introduced Christine Monson, Executive Director of Alameda County Transportation Improvement Authority (ACTIA). Ms. Monson made a presentation regarding ACTIA's Primary Responsibilities, Main ACTIA Goals, Goals of ACTIA's 5 Main Transportation Categories, Governance, Overview of Measure B Funds, Completed Projects, Under Construction, Project Development Phase, ACTIA Key Projects, I-580 Auxiliary Lanes, Isabel Avenue -Route 84/I-580 Interchange, Route 84 Expressway, I-680 Express Lanes, I-580 Corridor/BART to Livermore Studies, I-238 Widening, BART Warm Springs Extension, BART Oakland Airport Connector, ACTIA Program Funded Efforts, Legislative Efforts, Opportunities for Involvement, Measure B and the Consulting Community, and 2009 Upcoming Opportunities. Cm. Biddle asked Ms. Monson if she knew when BART would choose one of the three routes noted in her presentation. Ms. Monson stated she believed BART would make a decision in the Fall of 2009. They were in the EIR stage. There would be public outreach. Cm. Scholz asked Ms. Monson if BART would be going under Lake Elizabeth in the Warm Springs area. Ms. Monson stated the lake would remain in place after the system was completed. Cm. Hart stated he appreciated this document which let the taxpayers in the Tri-Valley know that there was much work being done with the sales taxes in the County. The City Council received the presentation by the Alameda County Transportation Improvement Authority (ACTIA) regarding projects in the Tri-Valley. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 `~OF Dp~q, REGULAR MEETING 1 ~~iir_~~~ July 7, 2009 ~\ '~ /% ~'IG/F012~~D DRAFT 2009 Fireworks Overview 7:30 p.m. 3.2 (0540-30) Fire Marshal Bonnie Terra presented the 2009 Fireworks Overview. It had been a safe 4th of July with no fires. There were no medical costs related to 4th of July activities. Commander Casey Nice stated the Dublin Police Services worked over the 4th of July weekend. Police Services arrested two residents that were selling illegal fireworks. The majority of calls for service were Saturday, July 4, from 5:00 p.m. to midnight. Calls for service increased approximately 30% over last year. Those were calls from citizens and did not include actions initiated by Police Services. It was a successful operation for Police Services this year. Cm. Biddle stated he appreciated Fire and Police services during the weekend. Cm. Scholz stated she received comments from residents that were unhappy with the sale of fireworks. Cm. Hart stated there were thousands of dollars that were made for non-profit organizations in the City through the sale of fireworks and there had been no incidents related to those sales. Vm. Hildenbrand stated she was out of town for the 4th and it was quite different from Dublin. Cm. Hart asked how busy the parks were that allowed fireworks. Commander Nice stated that they were quite busy. The City Council received the report. Dublin San Ramon Services District Board of Directors' Vacancy 7:39 p.m. 3.3 (1000-70) DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 `,doe Do~ REGULAR MEETING r~~ir_~~~ DRAFT Sue Stephenson, Community Affairs Officer for Dublin San Ramon Services District (DSRSD), spoke on the vacancy on the DSRSD Board of Directors. Applications were available on line at www.dsrsd.com. The deadline was Thursday, July 16, 2009, at 5:00 p.m. Public Comments 7:42 p.m. 3.4 No comments were made by any member of the public at this time. CONSENT CALENDAR 7:42 p.m. Items 4.1 through 4.10 Cm. Hart pulled Items 4.2 and 4.6 for further discussion. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Mayor Sbranti absent), the City Council took the following actions: Approved (4.1) Minutes of May 5, 2009; Approved (4.3 530-40) application for funding from East Bay Regional Park District and directed Staff to notify the City of Pleasanton and the County of Alameda of the City of Dublin's action. Adopted (4.4 600-40) RESOLUTION N0.99 - 09 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSORTIUM AGREEMENT WITH THE COUNTY OF ALAMEDA AND CITIES WITHIN THE COUNTY FOR THE PURPOSE OF SUBMITTING AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE NEIGHBORHOOD STABILIZATION PROGRAM -PHASE 2 CREATED THROUGH THE AMERICAN RECOVERY AND DUBLIN CITY COUNCIL MINUTES a VOLUME 28 REGULAR MEETING DRAFT REINVESTMENT ACT OF 2009 Adopted (4.5 420-20) ORDINANCE NO. 10 - 09 AMENDING CHAPTER 2.12 OF TITLE 2 (ADMINISTRATIVE/PERSONNEL) OF THE DUBLIN MUNICIPAL CODE RELATING TO DUTIES AND RULES AND RECORDS OF THE PLANNING COMMISSION Accepted (4.7 600-35) the improvements under Contract No. 09-05, San Ramon Road Trail Improvements -Asphalt Path Repair and Sealing, and authorized the release of retention after 35 days if there were no subcontractor claims. Adopted (4.8 320-10) RESOLUTION NO. 101- 09 RESCINDING RESOLUTION N0.91-99 AND ADOPTING A LISTING OF CITY OFFICIALS AND PROCEDURES FOR THE PROCESSING OF PAYMENTS REQUIRING A SIGNATURE and RESOLUTION NO. 102 - 09 RESCINDING RESOLUTION N0.32-97 AND AUTHORIZING THE ESTABLISHMENT OF AN INTERNAL POLICE SPECIAL INVESTIGATIONS ACCOUNT Adopted (4.9 350-20) RESOLUTION NO. 103 - 09 AUTHORIZING STAFF TO PROCURE DIGITAL COPIERS FROM SHAMROCK OFFICE SOLUTIONS PURSUANT TO THE US COMMUNITIES PURCHASING AGREEMENT DUBLIN CITY COUNCIL MINUTES s VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT Approved (4.10 300-40) the Warrant Register in the amount of $2,524,669.98. Cm. Hart pulled Item 4.2 (600-40), 2009-2010 Contract for Services with the Alameda County Library, and stated he had pulled the item because he wanted residents to know that the City was paying for the library to be open more hours. On motion of Cm. Hart, seconded by Cm. Scholz and by unanimous vote (Mayor Sbranti absent), the City Council adopted RESOL UTION NO. 98 - 09 APPROVING ANAGREEMENT WITH COUNTY OFALAMEDA FOR ADDITIONAL LIBRARYSERVICES FOR FISCAL YEAR 2009-2010 Cm. Hart pulled Item 4.6 (350-20), Waiver of Bid Requirement as Authorized by Municipal Code and Authorization to Purchase Desk-Top Computers from Dell, Inc., and asked what would be done with the computers that were being recycled and if they could be given to another agency or non profit organization. Information Systems Manager Steve Pappa stated the computers would be recycled by an electronic recycling company. Cm. Pattillo stated that this issue had been studied before by Staff and it was determined that the upgrades necessary to make the computers viable would be quite costly. On motion of Cm. Hart, seconded by Cm. Scholz and by unanimous vote (Mayor Sbranti absent), the City Council adopted RESOL UTION NO. 100 - 09 AUTHORIZING STAFF TO PROCURE DESK-TOP COMPUTERS FROM DELL, INC. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Zoning Ordinance Amendment and Site Development Review Permit Fee - Amendment to the Sign Regulations and the Permit Procedures Chapters (Chapter 8.84 and Chapter 8.96) of the Zoning Ordinance to be Effective for aOne-Year Period, and Amendment to the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance and a Site Development Review Fee for Residential Additions and Residential Tear Downs, ZOA 09-001 (400-30/410-30/450-20~ 7:46 p.m. 6.1 (400-30/410-30/450-20) Vice Mayor Hildenbrand opened the public hearing. Senior Planner Marnie Nuccio presented the Staff Report and advised that, at the request of the City Council, the Planning Division had identified several alternatives to streamline the entitlement process for development applications and to promote businesses in Dublin. These alternatives included permanent modifications to the Site Development Review Chapter (Chapter 8.104) regarding the level of review required for projects, and temporary modifications to the Sign Regulations (Chapter 8.84) to facilitate the use of banner signs and balloon signs and Permit Procedures (Chapter 8.96) to extend the effective period for permits. The City Council would also consider adopting a $500 fee for Site Development Review of all residential additions and residential demolition and construction where Site Development Review was required pursuant to Chapter 8.104, Site Development Review, of the Dublin Zoning Ordinance. No testimony was received by any member of the public relative to this issue. Vice Mayor Hildenbrand closed the public hearing. Cm. Hart thanked Staff for putting the Staff Report together. This was a change in the way the City conducted business. It improved the permit process. It was a benefit to the DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT community. He was still in support of allowing banners to be in place for 30 days versus the proposed 21 days. He asked that the City Council consider the change to 30 days. Vm. Hildenbrand stated she did not want to change any sign ordinances in the City. It would not make a difference for businesses. Cm. Hart stated there were many small businesses in driveway areas that might benefit from longer banner times. Cm. Biddle asked if there were any other ordinances or sections that should be reviewed. Community Development Director Jeri Ram stated that one of the City Council's Goals & Objectives was to review the City's parking ordinance to see if there was a way to address some of the challenges the City had in the past couple of years. That would be completed this fiscal year. On motion of Cm. Scholz, seconded by Cm. Hart and by unanimous vote (Mayor Sbranti absent), the City Council waived the reading and introduced Ordinance Amending the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for aOne-Year Period, ZOA 09-001; and waived the reading and introduced an Ordinance Amending the Dublin Municipal Code Chapter 8.104 relating to Site Development Review, ZOA 09-001; and adopted RESOLUTION NO. 104 - 09 AMENDING RESOLUTION 49-06 TO REVISE THE ADOPTED FEE SCHEDULE FOR RESIDENTIAL ADDITIONS OVER 500 SQUARE FEET IN SIZE AND RESIDENTIAL DEMOLITION AND CONSTRUCTION PROJECTS WHICH REQUIRE SITE DEVELOPMENT REVIEW DUBLIN CITY COUNCIL MINUTES VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT Bright Horizons Day Care Center -Appeal of the Planning Commission's Approval of a Conditional Use Permit and Site Development Review PA 09-005 8:01 p.m. 6.2 (410-30) Vice Mayor Hildenbrand opened the public hearing. Assistant Planner Jaimee Rojo presented the Staff Report and advised that the City Council would consider an appeal of the Planning Commission's approval of a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard and to allow Off-Site Parking at 7051 Dublin Boulevard and approval of a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of the Day Care Center at 7035 Dublin Boulevard. Cm. Hart asked for a visual representation of the appellants versus the 300-foot area that was noticed. Ms. Rojo stated that most of those residences were captured within the 300-foot notice area. Community Development Jeri Ram stated if the depths of the yards of the homes were 75- 100-feet deep, it would not capture all the homes that filed the appeal. Melissa Thompson, Dublin resident, turned in a speaker slip in opposition of the project. Arthur Garibaldi, Dublin resident, turned in a speaker slip in opposition of the project. Ronda Slack, Dublin resident, spoke in opposition of the project. Bob Slack, Dublin resident, spoke in opposition of the project. Paul Stone, Dublin resident, spoke in opposition of the project. Frances Stone, Dublin resident, spoke in opposition of the project. Diane Hudson, Dublin resident, stated if the project were approved, she would like to see the City Council or Bright Horizons compensate the residents of Maple Drive and DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT Ebensburg Lane, and have an 8 foot wall erected. She would also like to see a sign stating "No Parking for Bright Horizons" on Maple Drive and Ebensburg Lane. Jack Hudson, Dublin resident, spoke in opposition of the project. Rich Atkins, Dublin resident, spoke in opposition of the project. Tom Breeden, Dublin resident, spoke in opposition of the project. Tom Lewis, Dublin resident, spoke in opposition of the project. Christine Block, Dublin resident, spoke in opposition of the project. Joe Block, Dublin resident, spoke in opposition of the project. Jean Wanberg, Dublin resident, spoke in opposition of the project. Ellen Decktar, representative for Alameda County Childcare Planning Council, stated she did not support or oppose individual care providers. She spoke in favor of childcare, in general. Jennifer Henry, Dublin resident, spoke in opposition of the project. Steven Geller, representative of Bright Horizons, the applicant, stated he and his colleagues were there to answer any questions the City Council or residents might have. Bright Horizons currently operates 60 centers in California. Forty percent were located in and around neighborhoods. They had two types of centers: client-based and lease-model centers. Lease-model centers were opened to the community and client-based centers were purchased by the client and Bright Horizons served the client. This would be a lease-model center open to the community. Vm. Hildenbrand closed the public hearing. DUBLIN CITY COUNCIL MINUTES io VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT RECESS 9:06 p.m. Vm. Hildenbrand called for a brief recess. The meeting reconvened with all Councilmembers present (Mayor Sbranti absent) at 9:11 p.m. Cm. Scholz asked if this center would provide infant care or just toddler care and pre- school. Mr. Geller stated the center would provide infant care, toddler care and pre-school. Cm. Scholz stated child care facilities helped businesses. She could see the value in the placement. One thing to consider was the noise. The children would be in and out to be dropped off. There would little time spent outside. She wanted to understand the concern about residents not being noticed earlier. It was not the City's intent to upset their homes. This child care cost was low. The appellants' concerns were reasonable. A "No Parking" provision on Maple was also reasonable and she would like Staff to look into this. A sound wall was also a possibility. It was a shared responsibility to understand the issues of the residents. Cm. Biddle asked what the ratio would be for supervision of the children when they were outside. Teresa Nations, Bright Horizons Director of Real Estate and Operations, stated the ratios varied depending on the age; the younger the child, the lower the ratio. Cm. Scholz stated, relative to California, the ratio for infants was one caretaker to four infants, toddlers (two to three years old) had a one to four ratio, and pre-school (three to six years old) could go as high as one to 12. Cm. Biddle asked if the parents would deliver and pick up the children at the facility. Ms. Nations stated the parents would be given a code to enter the facility to drop off and pick up their children. Cm. Biddle asked if children would be out in the playground at different times. DUBLIN CITY COUNCIL MINUTES VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT Ms. Nations stated the maximum number allowed outside at the same time would be 114 children but they would never have all 114 children outside at one time unless there was a fire drill or emergency. The children would be outside approximately 30-45 minutes, once in the morning and once in the afternoon. The children would be outside in shifts. Cm. Biddle asked if the modification to the facility would allow people to exit directly from the classroom to outside. Mr. Geller stated all the parents would need to go in through the front door and register to drop off or pick up children. Cm. Biddle asked, in regard to the playground, if the Dublin San Ramon District (DSRSD) still have the same motorized gate. Would landscaping be added along with the playground area? Mr. Geller stated the gate would remain, and landscaping would be added. Cm. Biddle asked how long did it typically take to drop off or pick up kids. Ms. Nations stated on average it took five to six minutes. Parents could come anytime within operating hours to drop off and pic kup children. Cm. Biddle asked when would construction be completed and when would registration begin. Mr. Geller stated it took approximately two to three years for a facility to get to full capacity. They considered 85% full capacity. Once construction was completed, Operations would come in and have four weeks to set up and get licensed. During that time, marketing ing would be going on and they would be registering applicants. They hoped to be opened during the first quarter of next year. Cm. Hart asked where was the next closest Horizon Day Care Center. Ms. Nations stated it was in Alameda. It was a Community Center. Cm. Hart why the applicant picked Dublin to locate a new center. DUBLIN CITY COUNCIL MINUTES is VOLUME 28 REGULAR MEETING 19 July 7, 2009 DRAFT Ms. Nations stated it was the fastest growing City in the valley. A marketing study had also been completed and there was a need for more child care in Dublin. The study included surveying all the child care centers in Dublin, asking what they were licensed for, and what was their enrollment. Vm. Hildenbrand stated Childcare Links presented that information to the City Council yearly when they came forward for funding. They have indicated there was a strong need for childcare in Dublin. Cm. Hart asked if there was any significance in the number of children listed for the center, 126. Ms. Nations stated it was in regard to the building square footage and the support that was needed. They had more square footage per child than required by the State. Cm. Hart stated there was no question that day care was needed in the community. They had not heard from the real estate specialist in reference to property value. What disturbed him the most was a perception that there was a push or rush to approve this project. He was not aware of that. If there was a significant amount of opposition, he would like to delay the decision and ask the applicant to have dialogue with the community, at a minimum. Vm. Hildenbrand stated having only four City Councilmembers at this meeting was not planned. This meeting had been up for consideration to be cancelled, but because of this hearing, the meeting was held. This item was not rushed. Other uses for this property could have come in without a Conditional Use Permit. A three hundred foot noticing area was standard anytime there was something impacting a neighborhood. There had been no deliberate withholding of information. There needed to be discussion among the City Council to see where they stood on the item in general, and then entertain Cm. Hart's request. Cm. Hart asked about the timing of a hearing of an appeal. City Attorney Bakker stated the Zoning Ordinance required there be a hearing within 45 days of the filing of an appeal. Action needed to be taken within 75 days of the filing of the appeal. Cm. Hart asked if the Applicant was willing to meet with the residents. DUBLIN CITY COUNCIL MINUTES VOLUME 28 REGULAR MEETING 19, July 7, 2009 DRAFT Ms. Nations stated that they were interested in meeting with the residents. Before their Planning Commission hearing, they had driven around the site and had given notice to any home they thought could see the site or would hear noise from the site. This notice was not to the three hundred feet area, but again those that they thought would be most impacted. Cm. Hart asked if all available childcare openings for the center would be open to the public and had other sites been considered. Ms. Nations stated the center had no corporate sponsorship. It was a community based center. Yes, they had looked at different locations in the City. Cm. Hart reiterated his desire to delay the decision to allow the applicant to meet with the community. Ms. Nations stated they had applied for a CUP in February and it had been a long and costly process. She would prefer if there was a way to address the neighbors' concerns and not delay the decision. They were willing to answer any questions. Cm. Hart stated he empathized with the noise issue. Aesthetically, an interior wall would not look good in the parking lot. He was not sure about impact to property values. Due diligence would always be difficult. The appellants did get the opportunity to be heard today. He would lean towards doing a traffic impact study. Parking could be an issue. There needed to be a way to balance the concerns of the residents and the interests of the applicant. Cm. Scholz stated she would like to hear more from the applicant regarding timing. Having a school near you was noisy, but three year olds were different. It was only a short amount of time the kids would be outside. There had not been a deliberate effort to deceive the residents in any way. She trusted and valued City Staff. Procedures might need to be changed. She would like to have Mayor Sbranti present when the issue was addressed again. She understood the residents' concerns and wanted to work with them. Vm. Hildenbrand clarified that a decision had not been made to postpone the vote on the appeal. DUBLIN CITY COUNCIL MINUTES i4 VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT City Attorney Bakker stated that there could be a Special Meeting with all five Councilmembers present. The 75 day period in which the City Council would have to take action on the appeal could be extended if the applicant and the appellants agreed to an extension. There were 41 appellants so it might be more difficult than usual to get everyone to agree to an extension. Vm. Hildenbrand stated the discussion should be continued as the City Council might be able to make a decision tonight without having to postpone it. As Bright Horizons had stated, they started this process in February. There should be fairness to the community and fairness to those trying to start a business in Dublin. Cm. Scholz stated she was against making a decision tonight. The Mayor should be present. Cm. Biddle stated it was not the day care center that would cause a potential traffic or parking problem. The applicant realized continuing to work with its clients was important. It was not a matter of having a few community meetings. It was an ongoing process. There was a condition added, Condition # 13, "Provide customers with circulation information. The applicant shall provide customers with circulation information to avoid the use of southbound Clark Avenue, to access the site and concerns regarding circulation shall be referred to the Traffic Safety Committee." There was a mechanism to handle potential traffic or parking problems. The applicant realized this would be an ongoing process with their patrons. Concerns had been raised about ambulances and safety vehicles. Part of the process included other City departments, such as Police and Fire, reviewing the project documents and they had approved of the project Ms. Rojo stated the application had been reviewed by the Fire Division and they had no specific concerns. Cm. Biddle asked in regard to the traffic at Clark Avenue and Dublin Boulevard, it was rated at a level A. What did that mean? Ms. Morton stated that intersection was functioning at a level of service A. Level of Service A was the best that could be achieved. Cm. Biddle stated this site was zoned commercial. The City was not changing the zoning; what they were doing was permitting one particular business to occupy the site. This site DUBLIN CITY COUNCIL MINUTES is VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT had been zoned commercial since it was in existence. The EIR was completed at the time that the zoning was initially completed. Ms. Rojo stated the project was determined to be environmentally exempt from CEQA. Cm. Hart asked if the applicant and residents could meet now. Cm. Biddle stated he was not interested in that. The applicant had been working on this since February. The Planning Commission had reviewed the project, the City Council had reviewed it, as had the public. The Applicant would not drop the subject of public relations. It was an ongoing process with its clients and they would work with the public. It did not do any good to postpone a decision. Vm. Hildenbrand stated this community had always supported day care. There had always been a vote in favor of day care by prior City Councils. There were day care facilities within residential homes and buildings. This neighborhood used to have Fountainhead Montessori School which had over 120 students at that school. People were not all dropping off at 6:00 a.m. and picking up at 6:00 p.m. at a child care facility. Not everyone was coming all at once. She did not understand why there was always such a push back on child care. People in this community always came out and adamantly opposed childcare. They wanted child care centers isolated. The City was still growing and needed to be able to accommodate these children in the community. Did the City want to continue to support child care facilities in our community? There were traffic problems all over the City. As the City grew, the City was reviewing how it could be made a safer place for everyone, in all areas. She was not opposed to putting the decision off to the 17t'', but it was not necessary. Cm. Hart reiterated he would be supportive of the project if the applicant made a commitment to meet with the appellants. Would atwo-two vote by the City Council tonight affirm the Planning Commission's decision? City Attorney Bakker stated if there was a motion to affirm the Planning Commission decision or to reverse the Planning Commission decision, and it resulted in a tie, the result would be that no action was taken and it would result in the affirmation of the action being appealed. Cm. Biddle asked Cm. Hart for clarity on his concerns. DUBLIN CITY COUNCIL MINUTES i6 VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT Cm. Hart stated he wanted the applicant to spend time with the residents. They could attempt to mitigate the concerns. He was in favor of the project. He was trying to facilitate awin-win result. Cm. Biddle stated that could be done after the approvals. Mr. Geller stated they welcomed a meeting and were willing to work with the community. Cm. Scholz stated the City needed childcare. The real question was where and how the childcare was placed. Cm. Scholz made a motion that the vote be delayed. Not receiving a second on the motion, the motion died. Cm. Biddle stated he found no reason to deny the Planning Commission's approval. On motion of Cm. Biddle, seconded by Cm. Hart and by a majority vote (Cm. Scholz opposed, Mayor Sbranti absent), the City Council, affirmed the Planning Commission's adoption of Resolution No. 09-22 approving a Conditional Use Permit to operate a Day Care Center at 7035 Dublin Boulevard with the addition of Condition of Approval 8a, as set forth in the Findings of Fact and to allow Off-Site Parking at 7051 Dublin Boulevard; affirmed the Planning Commission's adoption of Resolution 09-23 approving a Site Development Review to modify an existing parking lot to accommodate an outdoor play area and make associated site and exterior building improvements related to the operation of the Day Care Center at 7035 Dublin Boulevard; and, adopted the Findings of Fact set forth in Attachment 8. •- UNFINISHED BUSINESS -None DUBLIN CITY COUNCIL MINUTES 1~ VOLUME 28 REGULAR MEETING July 7, 2009 19 DRAFT Template Emergency Plan for Businesses 10:03 p.m. 8.1 (520-30) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would receive a report on the Fiscal Year 2009-2010 high priority goal to create a template emergency plan for facilities that served vulnerable populations within the City of Dublin. The plan provided a simple method for developing an emergency plan at no cost to the organization. Cm. Scholz asked how this would help businesses. Did it motivate people to read it and think about it? The City Council discussed the positive aspects of this plan and the need for businesses to be prepared. The City Council received the report. Report on the Diversion Efforts of the City's Jurisdictional Partners 10:07 p.m. 8.2 (810-60) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would receive a report on the Fiscal Year 2009-2010 high priority goal to analyze the diversion efforts of the City's jurisdictional partners. The report reviewed and analyzed the City's 17 jurisdictional partners, which included the Dublin Unified School District (DUSD), Camp Parks, California Highway Patrol, Alameda County Public Works, Santa Rita Jail, the Federal Correctional Institution and Dublin San Ramon Services District. Cm. Biddle stated he appreciated the report and the City appeared to be doing well. Vm. Hildenbrand stated the food scrap program was very expensive and it required yearly grants. There needed to be a way to have food scrap programs that were not so costly to the schools and yet sustainable. The problem with Go-Green was. they would tour the DUBLIN CITY COUNCIL MINUTES i8 VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT school, provide a laundry list of all the measures the school could take, and it was up to the school to complete them. The City might want to look at how to sustain the programs. Mr. Bradley stated the City could pare down the program and make it more user-friendly and take on more of the administration burden. Vm. Hildenbrand stated the reporting was not the difficult part, it was maintaining the interest and a sustainable entity to keep it going. Could it be brought back to the City Council to work on or have Councilmembers work with the schools? Once the initial contact happened with Go-Green, they did not continue. Mr. Bradley stated that was why the City would take a more hands-on approach. Cm. Biddle stated that there were grants available through Amador Valley Industries. Mr. Bradley stated yes, there were grants available and Staff would work with the schools to make them aware of what grant opportunities were available. Cm. Hart stated he would like to see more businesses get involved. The City needed to capture the younger generation that had grown up with "green." The City Council received the report. •- Resolution Authorizing the City Manager to Enter Into aCost-Sharing Agreement with StopWaste Org for the Proposed Green Packages Program 10:17 p.m. 8.3 (600-40) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would consider participation in the development of StopWaste.Org's "Green Packages" program which would establish standardized countywide building retrofit measures and specifications for energy efficiency, water and resource conservation and indoor air quality/health. Stopwaste.Org was seeking the support and participation of Alameda County Cities with the proposed Green Packages program. DUBLIN CITY COUNCIL MINUTES i9 VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote (Mayor Sbranti absent), the City Council adopted RESOLUTION NO. 105 - 09 AUTHORIZING THE CITY MANAGER TO ENTER INTO ACOST-SHARING AGREEMENT WITH STOPWASTE.ORG FOR THE PROPOSED GREEN PACKAGES PROJECT OTHER BUSINESS 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) 10:19 p.m. City Manager Pattillo stated the Summer Concert Series would start on July 10. She would be attending the League of California Cities Local Government Summit in Sacramento on July 17. Cm. Biddle had no comments. Cm. Hart asked that the meeting be adjourned in memory of Commander Keith Boyer. He was the first Chief of Police for the City of Dublin. Cm. Scholz stated she attended the Tri-Valley Business Council and heard Congressman Jerry McNerney speak. Vm. Hildenbrand stated she attended the Tri-Valley Affordable Housing Committee meeting, and the discussion included the homeless in the community; she also attended the Livermore Amador Valley Transportation Authority meeting. There would be information on the City website, if there was a BART strike, which indicated the Wheels temporary bus stops. ADJOURNMENT 10.1 DUBLIN CITY COUNCIL MINUTES 20 VOLUME 28 REGULAR MEETING July 7, 2009 DRAFT There being no further business to come before the City Council, the meeting was adjourned at 10:27 p.m. in memory of Commander Keith Boyer, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES Zi VOLUME 28 REGULAR MEETING July 7, 2009