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HomeMy WebLinkAbout4.01 Draft 12-1-09 CC MinDRAFT ~o~' DU~~~ MINUTES OF THE CITY COUNCIL `,~ OF THE CITY OF DUBLIN ~ ~ $~ REGULAR MEETING -December 1, 2009 ~~~/~ _<ti CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Westernmost Portion of Scarlett Court, Dublin Agency negotiator: City Manager Negotiating parties: KBH Investments, LLC Under negotiations: Price and terms of payment a ~ .. ~° A regular meeting of the Dublin City Council was held on Tuesday, December 1, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti. ABSENT: None 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 Mayor Sbranti stated there was no reportable action during Closed Session. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~~OFDpR, REGULAR MEETING ~~~~~~~ December 1, 2009 ~\ ~ /// / R~~ DRAFT ORAL COMMUNICATIONS g3~hi Mayor Sbranti stated that Items 3.3 and 3.5 would be heard first during Oral Communications. Selection of Vice Mayor 7:23 p.m. 3.1 (610-20) Mayor Sbranti presented the Staff Report and advised that the City Council's policy was to select, in December of each year, a member of the City Council to serve as Vice Mayor for a period of one year. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. Mayor Sbranti nominated Cm. Scholz as Vice Mayor for a period of one-year. Cm. Hart asked if there was a set process for selection of Vice Mayor. Mayor Sbranti stated the Mayor made a recommendation for appointment and the City Council approved the appointment. His recommendation was based on rotation and seniority. Vice Mayor Hildenbrand stated she could not support the recommended appointment of Cm. Scholz as Vice Mayor. Cm. Biddle stated he favored atwo-year term for Vice Mayor to coincide with the Mayor's term. Therefore, he recommended the re-appointment of Vm. Hildenbrand as Vice Mayor. Cm. Hart asked if there was an issue with Cm. Scholz being Vice Mayor as she was up for re- election this coming year. Would it give an advantage to her if she were to run for the City Council in November 2010? Mayor Sbranti stated that historically, the Mayor and Vice Mayor position would rotate positions together. In 2006, the Vice Mayor position rotated every year. It had been done different ways. He had not given thought to the election in terms of an advantage for the Vice Mayor. Vm. Hildenbrand stated that there would be two City Councilmembers running for re-election and it would give an advantage to one when if they had the title of Vice Mayor. To the public, it was an elevated position. This City Council spoke of being fair and this needed to be considered. At this time, she could not support the decision. There was no procedure of rotation. It was not a title that a Councilmember automatically received because they were on the City Council. It was based on what the Mayor felt was right for the community. The Vice Mayor would step in when the Mayor was not available. Mayor Sbranti stated there had never been a consistent procedure. The decision was not based solely on the Mayor's recommendation. It was the City Council's final decision. DUBLIN CITY COUNCIL MINUTES z VOLUME 28 `~pPDp REGULAR MEETING ~~~~~~ December 1, 2009 \\\ ~ /// DRAFT ~:~, Cm. Hart stated he would be interested in hearing Cm. Scholz's comments and thoughts. Cm. Scholz stated that she would like the opportunity to serve as Vice Mayor. She did not see it as a big edge. An incumbent always had, typically, atwenty-percent edge in an election. She thought of it as a one-year process. Vm. Hildenbrand stated that Cm. Biddle would be running as a City Councilmember if he ran in November 2010. Cm. Biddle stated his concern was to have a Mayor and Vice Mayor work together for atwo- year period. He was not in favor of voting based on seniority or rotation. He was in favor of every two-year period, the City Council chose a Vice Mayor concurrent with the Mayor's appointment for that two-year period. Cm. Hart stated that since neither one of the two potential candidates that were currently sitting on the City Council had announced their intention of running, they were both equal to that degree. If one did run, there was probably an advantage of having the title of Vice Mayor. He would have to lean toward the recommendation of a two-year term for Vice Mayor, especially in light of the Mayor's nominee potentially being able to run for re-election. On motion of Mayor Sbranti, seconded by Cm. Scholz, the motion to appoint Cm. Scholz as Vice Mayor (Vm. Hildenbrand, Cm. Biddle and Cm. Hart all voting no) failed. On motion of Mayor Sbranti, seconded by Cm. Hart and by majority vote (Cm. Scholz voting no), the City Council appointed Vm. Hildenbrand to a second term as Vice Mayor for a period of one year. Introduction of New Employees 7:12 p.m. 3.2 (700-10) Commander Casey Nice introduced Lt. Steve Brown, Sgt. David Snider, Sgt. Nick Soares, Sgt. Gerald Verbeck, and Deputy Miguel Campos all members of Dublin Police Services. The City Council welcomed Lt. Brown, Sgt. Snider, Sgt. Soares, Sgt. Verbeck and Deputy Campos to the Dublin Police Services. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~oP REGULAR MEETING i~~~~~~ December 1, 2009 \ ~~~ll DRAFT M 1 ~v Certificate of Recognition to Ms. Keysor's Wells Middle School Recycling Team 7:02 p.m. 3.3 (610-50) The City Council presented a Certificate of Recognition to Ms. Keysor's Wells Middle School Recycling Team. Ms. Keysor introduced Lou Middleton and Robert Urban, also assistants in the program, and thanked the City Council for the certificate. Appointment to Alameda County Mosquito Abatement District 7:37 p.m. 3.4 (110-30) Mayor Sbranti presented the Staff Report and advised that the City Council would consider appointment of Dr. James Kohnen as the City of Dublin appointee to the Alameda County Mosquito Abatement District. On motion of Mayor Sbranti, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 168 - 09 MAKING AN APPOINTMENT TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES Presentation of Plaque to City Council from Axis Community Health 7:08 p.m. 3.5 (150-20) Ms. Carol Beddom, Development Director from Axis Community Health, presented the City Council a plaque in recognition of the City's assistance with the program. DUBLIN CITY COUNCIL MINUTES a VOLUME 28 ~oF REGULAR MEETING ~9'~~~`~ December 1, 2009 \\\~~~~/% DRAFT Presentation on City's Holiday Safety and Sharing Programs 7:37 p.m. 3.6 (585-10) Alameda County Fire Deputy Fire Chief Dave Rocha made a presentation on the City's Holiday Safety and Sharing Programs, including Santa at the Fire House and the Holiday Toy and Gift Drive, Tree Care flyers, seasonal safety information on the website and information sent to local Homeowners Associations. Cm. Hart asked that the notice of Santa at the Fire House be sent to all Dublin schools. He also asked if there were any safety materials at the storefront being used by Dublin Police Services at Hacienda Crossings. City Manager Pattillo stated that the City would have more information at the storefront. It had proven to be quite successful. Parks and Community Services would have a presence there as well as Fire Services. Commander Nice stated the Police Department would have a holiday storefront operation at the Hacienda Crossings Shopping Center. It contained Crime Prevention Program information as well as information about other City services. The Police Department was also working on a Crime Suppression Unit. Mayor Sbranti asked if the storefront would be used as a substation at night. Commander Nice stated uniformed officers would utilize the site after 7:00 p.m. Public Comments 8:01 p.m. 3.7 No comments were made by any member of the public at this time. CONSENT CALENDAR 8:01 p.m. Items 4.1 through 4.8 Mayor Sbranti pulled Items 4.3 and 4.4 for further discussion. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council took the following actions: DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~oF~ REGULAR MEETING i~~~,~ December 1, 2009 ~ ~~~/% DRAFT Approved (4.1) Minutes of regular meeting of November 3, 2009. Adopted (4.2 600-60) RESOLUTION NO. 169 - 09 APPROVING FINAL MAP FOR TRACT 7951 NEIGHBORHOOD "B1" POSITANO/FALCON VILLAGE and RESOLUTION NO. 170 - 09 ~7 ~5°~ RECORDING A TRANSFER OF NEIGHBORHOOD PARKLAND CREDITS ORIGINALLY CALCULATED IN CITY COUNCIL RESOLUTION 58-08 and RESOLUTION NO. 171 - 09 ACCEPTING PARKLAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARKLAND DEDICATION REQUIREMENTS FOR TRACT 7951. Approved (4.5 810-60) budget change to accommodate grants awarded by Stopwaste.org and the Altamont Settlement Agreement Education Advisory Board. Adopted (4.6 630-20) ORDINANCE NO. 16 - 09 AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS Adopted (4.7 660-60) ORDINANCE NO. 17 - 09 AMENDING CHAPTERS 2.08 (CITY COUNCIL), 2.12 (PLANNING COMMISSION), 2.16 (PARKS AND COMMUNITY SERVICES COMMISSION), 2.18 (HERITAGE AND CULTURAL ARTS COMMISSION) AND 2.44 (DISASTER PREPAREDNESS) OF THE DUBLIN MUNICIPAL CODE Approved (4.8 300-40) check issuance reports and electronic funds transfers. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~o~ REGULAR MEETING i~~~~~ December 1, 2009 ~~~~~/% DRAFT x L~~;. Mayor Sbranti pulled Item 4.3, Approval of Contract Change Orders #9 and #10 -Dublin Historic Park, Phase 1, Contract No. 08-09 (Capital Improvement Project # 950001) (600-35), and asked in regard to Change Order #10 which would replace switch gear, had the switch gear been vandalized. Parks and Facilities Development Manager Herma Lichtenstein stated the switch gear from the old building had been vandalized by having all the copper pulled out. In doing so, the unit was completely destroyed. It was going to be reused in the new facility but now had to be replaced. City Manager Pattillo stated the City's Risk Manager would be following up with ABAG to see if there were any reimbursable elements that could be submitted. On motion of Mayor Sbranti seconded by Cm. Hart and by unanimous vote, the City Council approved Change Orders #9 and 10 and adopted RESOLUTION NO. 172 - 09 AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO APPROVE SUBSEQUENT CONTRACT CHANGE ORDERS FOR CONTRACT NO. 08-09, DUBLIN HISTORIC PARK, PHASE 1(PROJECT # 950001) Mayor Sbranti pulled Item 4.4, Authorizing the Filing of an Application for Regional Transportation Improvement Program Funds for the Alamo Canal Regional Trail, 1-580 Undercrossing Project (930-30), and asked if this item were approved tonight, and subsequently approved at the Congestion Management Agency meeting on Thursday, would the Alamo Canal project move forward. Public Works Director Melissa Morton stated that was correct. The funds that were being applied for under the Regional Transportation Improvement Program were federal funds so the City would have to complete the National Environmental Policy Act (NEPA) process for the project and then the project could go forward. Mayor Sbranti asked what was the anticipated time line of completing the NEPA process and getting the project out to bid. Ms. Morton stated it was difficult to say at this time but more information could be brought back to the City Council. On motion of Mayor Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~~ REGULAR MEETING f9'~~~~`~ December 1, 2009 ~\ ~ /j ~, R~ DRAFT ~~ °~~~ RESOLUTION NO. 173 - 09 AUTHORIZING THE FILING OF AN APPLICATION FOR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FUNDS FOR THE ALAMO CANAL REGIONAL TRAIL, I-580 UNDERCROSS/NG PROJECT AND APPROVING THE ASSURANCES SET FORTH IN THE APPLICATION WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Dublin Ranch North Annexation Area (PA 08-045) 8:08 p.m. 6.1 (620-20/420-30/600-60) Environmental Specialist Martha Aja presented the Staff Report and advised that the Dublin Ranch North (formerly known as Redgewick) was 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 proposed Project included 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 acres (in the future). The remaining portion of the site (127.3 acres) would be designated as Open Space and maintained in a permanent conservation easement. The Applicant also requested approval of a Development Agreement as required by the Eastern Dublin Specific Plan. Cm. Biddle asked about the status of Silvera Ranch as this development was dependent on the status of the access road. Ms. Aja stated the road had been graded. However, the maps have not been finaled. There was no access currently. The condition of approval of the tentative map that was adopted by the Planning Commission stated they needed to have access before the map could be finaled. Vm. Hildenbrand asked how long it would take before the map could be finaled. Was it years away? DUBLIN CITY COUNCIL MINUTES s VOLUME 28 l~oF~ REGULAR MEETING i~~~,~ December 1, 2009 \\\ ~ /% Gtr ~~ DRAFT ~~ ~~"„ ~6! 5 City Attorney Bakker stated at one point the developer of Silvera Ranch (Pinn Bros.) was attempting to sell the property. If they were to sell the property, the buyer would move forward fairly quickly. At this point, the developer's ability to move forward with the project was dependent on discussions they were having with their lender. Cm. Biddle asked for clarification of home sites on the map. Ms. Aja pointed out the locations of the primary residences. Cm. Biddle asked if when it came time for each individual site to be developed, would they go through the regular review process. There were limits to the amount of landscaping that could be done on the lots. Ms. Aja stated it would require a site development review permit and the decision making body would be the Community Development Department. Noticing would occur prior to any decisions being made. Cm. Biddle asked if animals were allowed to be kept in this area. Ms. Aja stated animal keeping was permitted but it required a Site Development Review. Commercial use was permitted with a Conditional Use Permit. Cm. Hart asked about the slope and grade on the lots. Would a retaining wall be necessary on the property? Ms. Aja stated she would defer that question to the applicant. Cm. Hart asked in regard to Lot #2, what was the usable square footage for a house? Ms. Aja stated the envelope of Lot #2 was 13, 273 square feet. Cm. Hart asked if a retaining wall would be needed on the whole area. Ms. Aja stated the primary building envelope would be created to be a flat pad. The slopes were not very steep in that area. Lisa Vilhaur, of McKay and Somps representing the applicant, stated the Dublin Ranch North Annexation Area had always been in the General Plan as well as the Eastern Dublin Specific Plan. The site had been assumed at 67 single-family units and one rural or agricultural unit. These properties had been intended for annexation and development. They were proposing to change the land uses to reflect the site conditions and the use of Estate Residential and open space were a better fit for the project site. Mayor Sbranti opened the public hearing. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~oF REGULAR MEETING i~~~~~ December 1, 2009 ~ ~~~% DRAFT ~`` ~, No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. The City Council discussed the improvement of this plan over the previous plan. It contained less density. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 174 - 09 ADOPTING A MITIGATED NEGATIVE DECLARATION, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DUBLIN RANCH NORTH PROJECT, PA 08-045 and RESOLUTION NO. 175 - 09 DIRECTING STAFF TO FILE AN APPLICATION WITH THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION TO ANNEX THE DUBLIN RANCH NORTH ANNEXATION AREA INTO THE CITY OF DUBLIN AND THE DUBLIN SAN RAMON SERVICES DISTRICT APN: 985-0028-003-02 & 985-0028-003-01, PA 08-045 and RESOLUTION NO. 176 - 09 APPROVING AMENDMENTS TO THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN FOR THE DUBLIN RANCH NORTH ANNEXATION AREA, APN: 9850028-003-02 & 985-0028-003-01, PA 08-045 and introduced an Ordinance Prezoning the Dublin Ranch North Annexation Area to the Planned Development Zoning District and approved a related Stage 1 and Stage 2 Development Plan; waived the reading and introduced an Ordinance Approving a Development Agreement for Dublin Ranch North between the City of Dublin and Hong Yao Lin and Hong Lien Lin; and adopted RESOLUTION NO. 177 - 09 APPROVING APRE-ANNEXATION AGREEMENT FOR DUBLIN RANCH NORTH BETWEEN THE CITY OF DUBLIN AND HONG YAO LIN AND HONG LIEN LIN, APN: 985-0028-003-02, PA 08-045 DUBLIN CITY COUNCIL MINUTES ~o VOLUME 28 ~~pPpp REGULAR MEETING i~~~,~ December 1, 2009 \\~~~ DRAFT ~ Zoning Ordinance Amendments -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading), the Creation of a New Chapter, Chapter 8.66 (Large Family Day Care Homes) and Amendments to the Fee Schedule as it Relates to Large Family Dav Care Homes., ZOA 0003 8:34 p.m. 6.2 (450-20) Mayor Sbranti opened the public hearing. Senior Planner Marnie Waffle presented the Staff Report and advised that the City Council would review City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes. The proposed amendments would modify the permit and parking requirements for Large Family Day Care Homes in order to streamline the application process. The amendments included modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes). Amendments to the fee schedule were also proposed to establish application fees for a Large Family Day Care Home. At the request of the Planning Commission, a minor modification to the recently approved Chapter 8.70 (Indoor Recreational Facilities) was included in the aforementioned amendments as it related to Indoor Recreational Facilities within Planned Development Zoning Districts. Cm. Scholz asked if this included care for school age, infant care and pre-school. Ms. Waffle stated it did. Cm. Scholz asked if the City had any jurisdiction over outdoor play areas. Ms. Waffle stated the City did not regulate the size of the play area. The City deferred to community care licensing for its requirements of outdoor play space. The City did regulate them from a land use perspective and the impacts of noise that would be generated from outdoor play. Cm. Hart asked how fees were previously subsidized. Ms. Waffle stated the original fee schedule adopted in 2006 established the fee for a large family day care at $100, which was heavily subsidized in order to encourage and facilitate what was a much needed service in the community. Staff's proposed amendments to that fee schedule were in keeping them heavily subsidized. The minor use permit still only required a $100 application fee. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 28 .~ F~ REGULAR MEETING 9~~~,~ December 1, 2009 ~\ ~ /% ~u~FOR~ ~~ DRAFT Cm. Hart asked if anyone knew why it was set at $100. City Manager Pattillo stated Staff had looked at what was occurring in neighboring cities. Cm. Biddle asked for confirmation that the public was notified with both the Minor Use Permit (MUP) and the Conditional Use Permit (CUP) processes. Ms. Waffle stated the MUP still gave residents an opportunity to participate in the process. There was a ten day public comment period. Once the Director of Community Development made a decision, if the public was still not satisfied, they had the ability to appeal. Staff would then take that MUP to the Planning Commission. Vm. Hildenbrand stated she would like to see the process stay at a Staff level as much as possible. With the MUP, if the person did not like the Planning Commission decision, then could it still be appealed to the City Council? Ms. Waffle stated the Planning Commission decision could be appealed to the City Council. Vm. Hildenbrand stated the process did not seem to make it easier, but added more steps. Typically, residents in Dublin did not support large daycare facilities in their residential neighborhoods. They would appeal the decisions and take up Staff, Planning Commission and City Council time. This did not seem to change the process. Ms. Waffle stated at one level it did streamline the process because it gave the decision making ability to the Director of Community Development. It was a shorter process whereby Staff did not have to prepare a Staff Report and a resolution and go to the Planning Commission for the first decision. But it did create an additional layer of appeals for someone that opposed the project. An alternative the City Council could consider was something similar to what the City of Livermore now had. They had established development standards. If an applicant met them, they received the permit and it was not appealable. If they did not meet the standards, then at that point a use permit was required, a hearing, and it became an appealable action. Vm. Hildenbrand stated she agreed with the Livermore approach. It was more conducive and it would be better in Dublin. Mayor Sbranti asked about the Chart on Page 3 of the Staff Report which compared the processes in Livermore, Pleasanton and San Ramon. It appeared none of those Cities had the decision go to the City Council. What did Livermore's process look like? Ms. Waffle stated for Pleasanton and San Ramon, the Planning Commissions' decision could be appealed to the City Council. Livermore's process would be a daycare provider would come forward and apply for a home day care permit. If the applicant met all the Development Standards outlined in their Zoning Ordinance, then the City would issue the permit. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 28 ~~pp pU REGULAR MEETING i~~~~~ December 1, 2009 ~\ ~ /// Gt, Res DRAFT a* k ,~~: .~ ~~ Mayor Sbranti asked if this process was similar to the City's garage conversion process. Ms. Waffle stated it was. Vm. Hildenbrand stated the Livermore process was streamlined. City Manager Pattillo stated the City Council recently took action as it related to indoor recreational facilities in regard to zoning clearance. The City Council had already established that precedence. Cm. Hart asked if Vm. Hildenbrand did not want these issues to come before the City Council. Vm. Hildenbrand stated the City Council spent a lot of time on appeals for childcare centers. To follow what Livermore did would allow applicants, if they met the conditions, they were allowed to have a larger childcare center in their home. If they did not, then they could apply for a Conditional Use Permit and then follow a procedure that it could be appealed to the City Council. Cm. Hart asked if that process would prevent the public from being heard. He was apprehensive about this approach. Vm. Hildenbrand stated the City would establish the conditions of approval. The Staff would have to then approve the application based on those conditions. Community Development Director Jeri Ram stated when Staff reviewed options for this item, they weighed the Livermore option with the option being presented. The Livermore option was similar with what the City Council recently approved for Indoor Recreation. Performance Standards were developed so that all the conditions that the City normally saw on Indoor Recreation were taken care of in the Performance Standards so Staff felt comfortable approving the application. They were now proposing a hybrid, but the other option, similar to the City of Livermore's, would work as well. Staff had provided Performance Standards as part of the new chapter so that all of the items generally seen by Community Development with Large Family Daycares, hours of operation, noise control, compatibility of staggered pick up and drop off, were contained within those Performance Standards; items that the City would normally consider during the Conditional Use Permit process. Staff was comfortable in the process if the City Council requested a similar process be developed as with the Indoor Recreation Zoning Clearance which was done at the Staff level. If the applicant did not meet the Performance Standards, then they could apply for a Conditional Use Permit. Cm. Scholz stated the City needed to be careful with the standards and requirements of childcare. DUBLIN CITY COUNCIL MINUTES 13 VOLUME 28 ~~aF~ REGULAR MEETING ;~~~~~~ December 1, 2009 ~\ ~ l% ~GI R~~ DRAFT f~ ~ .V ,s'-~ ~, Vm. Hildenbrand stated if the City had Performance Standards, and the business met those standards, then they would be allowed to operate that business. If they did not, then they could still go through a Conditional Use Permit process. Cm. Hart stated he could support the Performance Standards as stated by Ms. Ram. But he suggested an increase in the fee for the Minor Use Permit. He did not want City Staff to work for nothing. The City should be more reasonable on the cost. Mayor Sbranti stated there was a large amount of Staff time involved in each permit. If there was one process where Performance Standards were identified and the process was streamlined, it would cost the City less money. Looking at a little more cost recovery was possibly warranted. Cm. Biddle stated a small increase would be fine, but this was a business the City wanted to encourage. These large daycare applications did seem to end up at the City Council level every time. The perception was they would cause problems. He would like the City Council to make the final decision. Mayor Sbranti stated the process could be a hybrid with the Zoning Administrator making a decision. It was still a process. The public would still get notification. They could go to the Zoning hearing and if they wanted to allow at least one avenue of appeal, it could be with the Planning Commission. Ms. Ram stated what Staff was proposing was that hybrid with the exception that there would not be a hearing or Staff Report, which was what took a lot time and was costly. What they did have was the ability for the public to submit their comments and if there was enough public input and the Zoning Administrator felt it was controversial, she could choose to push it to the Planning Commission. Mayor Sbranti stated this could be a compromise amongst the City Council. It still streamlined the process. Performance Standards would still be created. The opportunity was still there to notice the public, the decision could still happen at the Staff level, but if there was much public debate, the Planning Commission could make the final decision. City Attorney Bakker stated if the Planning Commission was exercising discretion and was the final arbiter of something, there was the possibility of someone bringing a lawsuit. The City Council would not have the opportunity to overturn the decision before the lawsuit was filed. The decision could be made appealable to the City Council and then the City Council would be making the final decision. Cm. Hart asked if the Planning Commission could hear the appeal and the City Council still have the right to hear it or not hear it. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 28 ~~pPDpR, REGULAR MEETING ~~~~~~ December 1, 2009 ~~~~% DRAFT l ~.~ Mr. Bakker stated they could develop a process where someone, before filing suit, would need to provide the City notice. At that point, it could be discussed and the City Council could decide to give direction. The City Council and Staff discussed the conditions listed on Page 9 of 37 under Attachment 2, and directed Staff to return with a process that included these conditions as Performance Standards for Large Family Daycares. If these were not met, the applicant could still apply for a Conditional Use Permit. City Manager Pattillo confirmed that the City Council wanted Staff to return with a process as they had recently done with recreational uses. In regard to the fee, what percentage did they want? The City Council suggested a fee of 25% of the cost of Staff. Mayor Sbranti restated that if Performance Standards were met, the action became ministerial. If the standards were not met, then Staff would take a look at it, and if they did not meet the standards, then the applicant could pursue a CUP, and then go to the Planning Commission, whose decision was still appealable. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. •~ RECESS 9:30 p.m. Mayor Sbranti called for a brief recess. The meeting reconvened with all Councilmembers present at 9:39 p.m. UNFINISHED BUSINESS Environmental Subcommittee Report 9:39 p.m. 7.1 (530-10) Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would receive a report on and consider approving the Environmental Subcommittee's recommendations for completing the Fiscal Year 2009-2010 Goal & Objective to create a Green DUBLIN CITY COUNCIL MINUTES 15 VOLUME 28 `~yOFD~ REGULAR MEETING 1~~~,~ December 1, 2009 ~ ~~~ /// DRAFT J'I o~59 Initiatives Task Force. The City Council would also consider directing Staff to solicit applications from the community for the Task Force. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council approved the recommendations from the Environmental Subcommittee; and directed Staff to solicit applications for the Green Initiatives Task Force. NEW BUSINESS City Council Direction Regarding Study of City Labor Guidelines 9:43 p.m. 8.1 (600-30) City Attorney John Bakker presented the Staff Report and advised that the City Council approved, as a high priority objective for Fiscal Year (FY) 2009-2010, a study of the City's labor guidelines on both City projects and private development. The City Council would receive a brief presentation from Staff and provide additional input and clarification of its objective to enable Staff to complete the study. Mayor Sbranti stated public projects would be the primary focus. He wanted to looked at five areas. The first was the concept of how the City monitored certified payroll, particularly on public projects, as well as private projects that had public components; 2) Pre-qualification standards -What was the City doing to look at violations that contractors committed; 3) A local hire concept for large projects that would make a concerted effort to hire Dublin residents. A certain percentage should be from the City; union or non-union. If the City was going to spend significant public dollars on projects, he would like to see Dublin residents hired. 4) Apprentice programs for Dublin residents or non-Dublin residents; 5) Project Labor Agreements -maybe try this with smaller projects for a guarantee on time and on budget. Cm. Biddle stated that he would like to see what could and could not be done in the Staff Report, in terms of state laws. He would also like to see fiscal impacts and any other impacts. Vm. Hildenbrand asked if in terms in local hires, could it be opened to all Tri-Valley residents. Mayor Sbranti stated Tri-Valley residents could be included -not just Dublin residents. Chris Stampolis, Laborers Union representative, thanked Staff for their assistance. They were very excited about working with citizens of Dublin, in regard to the trades. The three trades could include 30% from Dublin. They wanted to work with the City. Pete Figueredo, Operating Engineers, stated he was excited about the opportunity to get involved with the community and the trades. DUBLIN CITY COUNCIL MINUTES 16 VOLUME 28 of REGULAR MEETING f9'~~~~'~ December 1, 2009 ~~ ~ /// ~u, ~~ DRAFT f~ ~~ Mr. Bakker asked if the City Council wanted Staff to focus on City projects only. On certified payroll, it only applied to prevailing wage projects, some of which were public and some of which were private. In that case, Staff would focus on private. Pre-qualification applied only to public. On the local hire topic, the main focus would be on public projects, but they could look into private. In terms of local hire, Staff would look at private as well as public. nth regard to Public Labor Agreements, it would be public only. The City Council provided direction on the study of City labor guidelines as reference above as part of the City's FY 2009-2010 Goals and Objectives. Appropriation of Eastern Dublin Traffic Impact Fees and Approval of Contract Change Order to Install Landscaping (Fallon Road Median Island Landscaping, Gleason Drive to Bent Tree Drive) 10:10 p.m. 8.2 (450-20) City Engineer Mark Lander presented the Staff Report and advised that the existing median island on Fallon Road between Gleason Drive and Bent Tree Drive was not currently landscaped. This left a gap in the otherwise complete median island landscaping on Fallon Road. It was proposed to complete the landscaping under a change order to the Fallon Sports Park construction contract utilizing Eastern Dublin Traffic Impact Fees. On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote, the City Council approved the contract change order in the amount of $130,725 to the contract with Robert A. Bothman, Inc. (Fallon Sports Park construction contract); and approved a Budget Change to the Eastern Dublin Arterial Streets Capital Improvement Project (#960004) in the amount of $148,777 funded from Traffic Impact Fee Section I Reserves. 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) 10:13 p.m. City Manager Pattillo announced that the City's Holiday Events information was now located on the City's website, including Breakfast with Santa, Holiday Tea, and Bay Bells. The John Monego Tree Lighting would take place on December 12, 2009. Cm. Hart stated he attended the Alameda County Fire Advisory Commission meeting. DUBLIN CITY COUNCIL MINUTES ~~ VOLUME 28 ~~oF REGULAR MEETING ~~~~~~ December 1, 2009 \ ~~~% DRAFT s°~ ~ ~~ Cm. Scholz stated she would attend the Chamber mixer, and the Employee Recognition dinner. She had recently visited Fallon Sports Park to view its progress. Cm. Biddle stated he attended a Stopwaste meeting and an Economic Development Committee meeting. Vm. Hildenbrand stated she had attended the League of California Cities Strategic Planning Session in Southern California. Mayor Sbranti stated he attended the Alameda County Mayor's Conference. There would be a Town Hall meeting with Supervisors Haggerty and Miley in the City Council Chambers this coming Monday. He attended the TV30 Board meeting, the Economic Development Committee meeting; the Bus Rapid Transit meeting, the Tri-Valley Transportation Council, and the Las Positas Advisory Board Meeting. He received a request from Valley Christian School for a volunteer opportunities and Dublin High School students, and pastors. He requested Staff come up with volunteer opportunities, such as beautification, social services, and some projects for students only, adults only, or for different groups. There could be a laundry list of community based opportunities. Could Staff bring back the inventory in January or February? Mayor Sbranti stated Tom Cunningham, a Dublin Elementary custodian, passed away on November 24, 2009. The City Council expressed its sympathies. ~+ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 10:40 p.m. in memory of Tom Cunningham, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES ~8 VOLUME 28 ~ REGULAR MEETING a;~~~~~~~ December 1, 2009 \\\