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HomeMy WebLinkAbout07-20-2010 Adopted CC Min~~~ "~y MINUTES OF THE CITY COUNCIL ~ ~~~ OF THE CITY OF DUBLIN ~- ~ -~ s~ \/V s~// REGULAR MEETING - Julv 20, 2010 ~~~ ~/ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case Existing facts and circumstances: Letter from Elite Landscaping, Inc., dated March 12, 2010 II. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5501 De Marcus Blvd., #364, Dublin, CA Agency negotiators: Joni Pattillo, City Manager and John Bakker, City Attorney Negotiating parties: Andrea McGowen Under negotiation: Price IV. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney • A regular meeting of the Dublin City Council was held on Tuesday, July 20, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:08:45 PM, by Mayor Sbranti. • ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti ABSENT: • PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. • DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 REGULAR MEETING ,,;~ ~~ J u I 20 2010 19 ~ Y ~ ~\~ ~, REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated Closed Session would be continued at the end of the regular meeting. • ORAL COMMUNICATIONS Introduction of New Employees: Gary D. Huisingh, P.E., Public Works Director; and Jennifer Wilkinson, Office Assistant I, Parks and Communitv Services 7:09:22 PM 3.1 (700-10) City Manager Pattillo introduced Gary D. Huisingh as the new Public Works Director. Assistant Director of Parks and Community Services Paul McCreary introduced Jennifer Wilkinson as the new Office Assistant I in Parks and Community Services. The City Council welcomed Mr. Huisingh and Ms. Wilkinson to the City of Dublin. • Proclamation for "Americans with Disabilities Act 20th Anniversarv Week" 7:14 p.m. 3.2 (610-50) The City Council presented a proclamation to Community Resources for Independent Living (CRIL) for the "Americans with Disabilities Act 20t" Anniversary Week". Acceptance of Gifts from Fiscal Year 2009-2010 Sponsors 7:21:23 PM 3.3 (150-70) Recreation Coordinator Lorri Miller presented the Staff Report and advised that the City Council would receive a report on the numerous donations made in Fiscal Year 2009-2010 from Dublin businesses and organizations to support the City's various Special Events and Programs. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote, the City of Dublin recoanized the saonsors and formallv accented the contributions. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 29 ~~ REGULAR MEETING 19;~,_} ,~ July 20, 2010 ~~ ~j / Gc, R~ Acceptance of Gifts to Citv from Bike to Work Dav Contributinq Sponsors 7:25:02 PM 3.4 (150-70) Administrative Analyst Erin Steffen presented the Staff Report and advised that the report detailed the contributions received from various local businesses and organizations for the Bike to Work Day Energizer Station held on May 13, 2010. The City Council presented certifications of recognition to those sponsors present. On motion of Cm. Hart, seconded by Cm. Scholz and by unanimous vote, the City of Dublin recognized the sponsors and formally accepted the contributions. Senior Center Advisorv Committee Annual Report 7:40:26 PM 3.5 (240-10) Marty Baron, Chairperson of the Senior Center Advisory Committee, made a presentation on the Senior Center Advisory Committee Annual Report. Proclamation for "27th Annual National Niaht Out" 7:53:58 PM 3.6 (610-50) Mayor Sbranti presented a proclamation to Lt. Kurt Von Savoye of Dublin Police Services proclaiming August 3, 2010 as the "27th Annual National Night Out. Recoqnition of All-America Citv Awards Donors 7:59:40 PM 3.7 (150-70) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council wished to publicly recognize the donors who made it possible to send a delegation to Kansas City, Missouri in June 2010 for the City of Dublin to compete in the All-America City Awards. The City of Dublin publicly recognized the donors in the City's bid to become an All-America City. DUBLIN CITY COUNCIL MINUTES s VOLUME 29 `~oF~, REGULAR MEETING ~„ , ~`;~ Jul 20 2010 19~~ '~ ~ v , \~ ~ % G1GI R~ Establish an Economic Development Committee (Ad-Hoc) and Accept the Mavor's Appointments 8:04:32 PM 3.8 (610-40) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that on October 6, 2009, the City Council adopted Resolution No. 147-09 creating an ad-hoc Economic Development Committee to assist in the implementation of the 2009-2010 Goals and Objectives for Economic Development. This item recommended the establishment of a new ad-hoc Economic Development Committee to assist in the implementation of the 2010-2011 Economic Development Goals and Objectives and to accept the Mayor's appointments of Mayor Sbranti and Councilmember Biddle. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 107 -10 ESTABLISHING AN AaHOC COMMITTEE FOR ECONOMIC DEVELOPMENT AND ACCEPTING THE MAYOR'S APPOINTMENTS • Public Comments 8:05:37 PM 3.9 No comments were made by any member of the public at this time. •' CONSENT CALENDAR 8:05:57 PM Items 4.1 through 4.17 On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 1, 2010 and Adjourned Regular Meeting of June 22, 2010; DUBLIN CITY COUNCIL MINUTES a VOLUME 29 ~,~oF~,~ REGULAR MEETING i;~~~,~ July 20, 2010 ~~~~/~ Adopted (4.2 600-40) RESOLUTION NO. 108 -10 APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR ADDITIONAL LIBRARY SERVICES FOR FISCAL YEAR 2010-2011 Adopted (4.3 600-50) RESOLUTION NO. 109 - 10 AUTHORIZING THE FILING OF USED OIL PAYMENT PROGRAM APPLICATION TO CALRECYCLE Adopted (4.4 600-60) RESOLUTION NO. 105 -10 APPROVING THIS FIRST AMENDMENT TO THE TRACT IMPROVEMENT AGREEMENT PARCEL MAP 9827, FALLON GATEWAY Adopted (4.5 1050-50) RESOLUTION NO. 110 -10 SUPPORTING HR 3745, THE COMMUNITY ACCESS PRESERVATION ACT Approved (4.6 600-35) Contract Change Orders which totaled $314,010.16 (Change Orders numbered 31, 40, 45, 47, 51, 52, and 54); approved the budget change in the amount of $152,24; accepted the improvements under Contract No. 07-13A; and approved the release of the remaining retention after 35 days if there were no subcontractor claims. Adopted (4.7 400-30/450-20) ORDINANCE NO. 15 -10 AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 RELATING TO SIGN REGULATIONS AND CHAPTER 8.96 RELATING TO PERMIT PROCEDURES FOR A ONE-YEAR PERIOD DUBLIN CITY COUNCIL MINUTES VOLUME 29 G~~~oFO~B~ REGULAR MEETING 19`~~~`~ J u ly 20, 2010 ~~ ~~ C'dGIFpL2~~D 5 Adopted (4.8 600-30) RESOLUTION NO. 111 -10 APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH UNIVERSAL BUILDING SERVICES FOR STREET SWEEPING SERVICES Approved (4.9 400-30) the additional City directional sign location for automotive dealers on John Monego Court. Adopted (4.10 600-60) RESOLUTION NO. 112 -10 ACCEPTING IMPROVEMENTS FOR PARCEL MAP 8275, PHASE 2 IMPROVEMENTS AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES Adopted (4.11 670-40/670-95) RESOLUTION NO. 106 -10 APPROVING QUIT CLAIM DEED TO EXISTING PARCEL MAP 9827 PUBLIC UTILITY EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENT AND ACCEPTING NEW PUBLIC UTILITY EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENT FOR FALLON GATEWAY Approved (4.12 100-80) carry-over of identified objectives to Fiscal Year 2010-2011 Goals and Objectives program. Adopted (4.13 600-35) RESOLUTION NO. 113 -10 ACCEPTING IMPROVEMENTS AT EMERALD GLEN PARK Received (4.14 540-60) the report on Calculation of City of Dublin Share of Liability for Dougherty Regional Fire Authority (DRFA) Retiree Medical Insurance. DUBLIN CITY COUNCIL MINUTES s VOLUME 29 ~~oFDUe~ REGULAR MEETING 1;~~~;~ J u ly 20, 2010 ~` ~~~ ~'~,~a~~° Adopted (4.15 600-30) RESOLUTION NO. 114 10 AUTHORIZING A WAIVER OF BIDDING REQUIREMENTS AND APPROVING AN AGREEMENT FOR RECREATION CREDIT CARD PAYMENT PROCESSING WITH ACTIVE NETWORK Adopted (4.16 600-35) RESOLUTION NO. 115 10 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR THE COMPLETION OF THE DUBLIN HERITAGE PARK PHASE I PROJECT and RESOLUTION NO. 116 10 AUTHORIZING A PURCHASE ORDER TO ACQUIRE ELECTRICAL EQUIPMENT FOR DUBLIN HERITAGE PARK PROJECT and approved the budget change and additional appropriation of $767,753. Approved (4.17 300-40) Check Issuance Reports and Electronic Funds Transfers. •~ WRITTEN COMMUNICATIONS - None. •~ PUBLIC HEARINGS Introduction of Ordinance Repealing and Establishing Bus Stops at Various Locations Citywide and Adoption of Resolution Approving First Amendment to the Bus Shelter Encroachment and Maintenance Agreement with Livermore Amador Vallev Transit Authoritv (LAVTA) 8:06:21 PM 6.1 (600-40) Mayor Sbranti opened the public hearing. Traffic Engineer Jaimee Bourgeois presented the Staff Report and advised that the City Council would consider introducing an ordinance amending the Dublin Traffic Code repealing and DUBLIN CITY COUNCIL MINUTES ~ VOLUME 29 ~~~~ REGULAR MEETING 1;~~~,~ J u ly 20, 2010 ~~,~j~/~ establishing bus stops at various locations Citywide. The City of Dublin and Livermore Amador Valley Transit Authority (LAVTA) entered .into an agreement in November 2009 that defined the encroachment and maintenance responsibilities for both parties in operating and maintaining bus stops and bus shelters within the City of Dublin. The City Council would also consider approving an amendment to the agreement to clarify responsibilities. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council waived the reading, and introduced an Ordinance Amending the Dublin Traffic Code Repealing and Establishing Bus Stops at Various Locations Citywide; and adopted RESOLUTION NO. 117 - 10 APPROVING FIRST AMENDMENT TO BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT BETWEEN THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY AND THE CITY OF DUBLIN •~ Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Shared Parking including a Modification to Chapter 8.76 (OfF-Street Parkinq and Loadinq Requlations) 8:11:10 PM 6.2 (450-20) Mayor Sbranti opened the public hearing. Senior Planner Marnie Waffle presented the Staff Report and advised that, as part of the 2009- 2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin. As part of this effort, the City Council had adopted Zoning Ordinance amendments related to Incloor Recreational Facilities, Large Family Day Care Homes, Eating and Drinking Establishments, and Outdoor Seating. Currently proposed was an amendment to Chapter 8.76 (Off-Street P~~rking and Loading Regulations) as it related to shared parking. Shared parking occurred w~hen two or more uses were located on the same site and shared a parking lot. Cm. Hart asked if the City was eliminating th~e Zoning Administrator and adding the Community Development Director. DUBLIN CITY C.OUNCIL MINUTES s VOL.UME 29 ~ REGULAR MEETING ,,;`~~~ 19 ~ ~ ,82 ~uiy 20, 20~0 ~~~~~i/ , ~, Ms. Waffle stated the City was proposing to modify the process from a Conditional Use Permit (CUP) heard by the Zoning Administrator to a Minor Use Permit (MUP) heard by the Community Development Director. The Zoning Administrator would still act as the decision-making body on other CUP requests, but for requests related to shared parking, the proposal was that the Director would review it under a MUP. Cm. Hart asked if that would be difficult. Ms. Waffle stated it was the same process that was in place right now when reviewing shared parking for indoor recreational facilities. Mayor Sbranti asked if the Zoning Administrator was usually the Community Development Director. Community Development Director Jeri Ram stated it was usually the Community Development Director. The difference was it was the same person hearing the item but there was not a public hearing. There was a review of the information, a notice was distributed, and an action taken as opposed to having an official hearing, preparing a Staff Report, and the additional work, when generally no one attended the hearings. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Vm. Hildenbrand, seconded by Cm. Scholz and by unanimous vote, the City Council waived the reading and introduced an Ordinance Amending Zoning Ordinance Chapter 8.76 (Off-Street Parking and Loading Regulations) as it Relates to Shared Parking. •~ UNFINISHED BUSINESS Appropriation of Funds and Establishment of a New Capital Imarovement Proiect - Electronic Aqenda Svstem 8:18:02 PM . 7.1 (610-10) City Clerk Caroline Soto presented the Staff Report and advised that at the City Council meeting on June 22, 2010 an informational report was presented in response to the City Council's High Priority Objective for Fiscal Year 2009-2010 to "Investigate opportunities and implement solutions for paperless Council Meetings." The City Council directed Staff to return with more detailed information which would allow the City Council to consider the addition of a project to the Capital Improvement Program, including the appropriation of funds. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 29 `~oF~,,, REGULAR MEETING 19; ~} ~ J u ly 20, 2010 `~~~~~ ~c~ R~ Mayor Sbranti asked about the anticipated timing on Phase II. City Manager Pattillo stated the hope was to get a Request For Proposals (RFP) out within the fiscal year. Mayor Sbranti asked if this would be funded in the CIP for Fiscal Year 2011-2012. City Manager Pattillo stated more than likely it would be funded within Fiscal Year 2010-2011. Cm. Scholz asked if this project would cut down on work by Staff in preparing and copying the agenda packet. City Manager Pattillo stated when the RFP goes out for Phase II of the project, it will address the efficiencies of routing and approval processing of the agenda packet. With technology, it is not always a time savings piece, but an impact on the effectiveness of the system. Staff would be mindful of being able to report the results of the software on the agenda preparation process. Cm. Hart asked what would be seen with Phase I and Phase II. City Manager Pattillo stated Phase I was the replacement of current desktop computers with laptops for use in offices as well as the City Council Chambers, as well as the implementation of a thumb drive or CD for the City Council agenda packet. The laptops would then be used in Phase II with the new agenda software. The City Council commented on the project being environmentally friendlier, technologically more efficient and increasing cost-savings. On motion of Cm. Scholz, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 118 -10 AMENDING THE ADOPTED 2010-2015 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM TO ADD A NEW PROJECT - ELECTRONIC AGENDA SYSTEM AND PROVIDING AN APPROPRIATION DUBLIN CITY COUNCIL MINUTES ~o VOLUME 29 ~~~oFO~e~ REGULAR MEETING i;~~~;~ July 20, 2010 `~ ~ ~ C''1G/FpR~~` Informational Report on Regulating the Establishment of Grocerv Uses bv Wav of a Conditional Use Permit 8:30:09 PM 7.2 (410-30) Senior Planner Marnie Waffle presented the Staff Report and advised that, at the June 1, 2010 City Council meeting, the City Council added as a high priority Goal and Objective, the review of grocery uses within shopping centers as a conditionally permitted use. Staff had reviewed the Zoning Ordinance as it related to grocery uses as well as the requirements of other Tri-Valley cities and was seeking direction from the City Council on potential policies to regulate grocery uses. Cm. Biddle asked what were the advantages or disadvantages of categorizing retail uses. City Manager Pattillo stated this was the issue in front of the City Council. There was no definition of grocery. The hope was that, as the City Council went through the questions in the Staff Report, there would be discussion on the different kinds of uses in Dublin. The City Council discussed the following questions: Should a discretionary land use permit be reauired for qrocery uses? Mayor Sbranti agreed that there should be a discretionary land use required for grocery uses. He was the person who asked Staff to look at this item. The City was one of the only neighboring cities that did not have discretionary land uses. Grocery uses were unique. He spoke of the Waterford Center and its parking challenges in trying to find a tenant for Stacey's restaurant. He also had concerns about Downtown Dublin. Without any kind of discretionary oversight, there was the potential of proliferation within an area. Also, what were the impacts on traffic, parking and economics? Vm. Hildenbrand stated yes, in regard to the question and the Mayor's comments. Cm. Hart stated he also agreed. Cm. Scholz stated she also agreed. Cm. Biddle stated he did not know if the City should do anything that would discourage grocery outlets. The City suffered from a lack of grocery outlets, particularly if the City wanted to create more of a neighborhood environment. Vm. Hildenbrand stated grocery stores did not go in neighborhoods anymore. The City was looking at a high concentration of grocery uses in one particular area. Did the City need a saturation of that kind of use or should the City have some control over uses. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 29 ~~~~~ REGULAR MEETING i;~~~,~~ July 20, 2010 ~~ ~j ~~ Gcrrotz~ Mayor Sbranti stated this would not be discouraging grocery uses. It would just be a higher level of review. How should qrocerv uses be defined? Should the definition distinguish between qrocerv uses based on sauare footage or area dedicated to non-taxable items? Cm. Biddle stated by size. Vm. Hildenbrand stated by size. Mayor Sbranti stated by size. City Manager Pattillo stated another approach would be, did the City Council have concerns with convenience stores, as defined. Mayor Sbranti asked if a liquor store would be considered a convenience store. Ms. Waffle stated these terms were not currently defined in the City's Zoning Ordinance. But if the City Council wanted Staff to take a look at them, define them, and regulate them specifically, that could be done. That was part of the question of how they were defined. Did they want Staff to look at convenience stores, craft a definition and then regulate where they could go or how large they could be? Similarty, go down the line, specialty store, etc. Cm. Hart stated that concept seemed reasonable; to identify the type of store, the typical square footage, and the definition of where it could be located. City Manager Pattillo asked if the City Council wanted to define all these types of retail. Vm. Hildenbrand stated regulation should be in terms of size. Mayor Sbranti asked Staff to come back with definitions for each of these areas and then the City Council could make decisions on what were the implications in terms of what level they wanted to regulate the area. It appeared in the Staff report that the other cities' thresholds were down to 2,500 square feet. If he was reading it correctly, under what was existing, the City could have three or four liquor stores that could go in, by right, to the same place because they were considered retail. Cm. Scholz stated they needed more definition. City Manager Pattillo asked for confirmation that the City Council wanted Staff to come back with more detailed definitions, based on square footage. Within these definitions, the City would also be looking at wine bars and other unique uses. Staff would come back with definitions and then see at that point if the City Council wanted regulations. DUBLIN CITY COUNCIL MINUTES ~2 VOLUME 29 G`~,~oFDLB~y REGULAR MEETING 19,~~~,~ July 20, 2010 ~~ ~ /~ ~4LIFOR~S Should the establishment of new qrocerv uses require a Conditional Use Permit or Minor Use Permit? Vm. Hildenbrand stated that would be dependent on the definitions that would be brought back to the City Council in the previous question. It could be both types of permits Cm. Hart agreed it could be both types of permits. City Manager Pattillo stated it terms of who would take responsibility for hearing the item would also come back to the City Council for discussion. In terms of item b) Should there be an exemption for club stores? What was the City Council's answer? The City Council agreed by consensus there would be no exemptions for club stores. Should the reauirement for a CUP or MUP be limited to a particular qeoqraphic area such as Downtown? Cm. Hart stated it should not be limited. Vm. Hildenbrand stated it should not be limited. Mayor Sbranti stated his bigger concern was the Downtown but to be consistent, they should be looking at the same standard City-wide. Are the existina findinqs for a Conditional Use Permit or Minor Use Permit adeauate or should additional findinqs be considered in the context of the establishment of new grocerv uses? Mayor Sbranti stated the only extra finding he had was the economic impact of a particular area. If you had six or seven of the same uses within a half-mile radius, you needed to look at the economics. City Attorney John Bakker stated he was not aware of anything in Dublin that required an economic impact type of finding. There were proposals like that but he could not think of any communities that had such requirements. If the City Council was interested in something like that, they should indicate whether they wanted a generalized review of economic impacts or more limited to impacts on the local business community. Mayor Sbranti stated there could be issues relative to parking. He was not looking for a full blown economic interest report. Was there a way to factor in the economic impacts? Mr. Bakker stated the findings he had seen that were similar to what the Mayor was referring, examined what kinds of impact a type of use would have on other existing businesses. The Mayor seemed more interested in how traffic and parking would impact existing businesses. DUBLIN CITY COUNCIL MINUTES 13 VOLUME 29 `~~oFD~e~ REGULAR MEETING ,,; ~ ;~ July 20, 2010 '~~~~~j~ 'iGIFOR~~ Mayor Sbranti stated he did not want to get into picking winners and losers. The City needed to look long term as to not having similar uses concentrated in one area. He did not want to make this too onerous. City Manager Pattillo stated Staff could see if there was a way to look at that. Should there be a restriction on the number of qrocerv uses within a sinqle shoppinq center? Should each shoppinq center be permitted one qrocerv use and a Conditional Use Permit or Minor Use Permit reauired for a secondarv use? Vm. Hildenbrand stated yes. Cm. Hart stated yes. Cm. Biddle stated yes unless they were a small specialty store; that would depend on size. Mayor Sbranti stated an example could be where you allowed a supermarket and there might be one or two specialty stores. But finro supermarkets created a problem. Should new qrocery uses that have submitted plans for buildina permits for tenant improvements and are in the buildinq plan check process be exempt from a Conditional Use Permit or Minor Use Permit reauirement? By consensus, the City Council agreed yes. Cm. Hart asked how many fell into that category now. Ms. Waffle stated one. Mayor Sbranti stated he did not like to change the rules on those that were already in the process. Should new arocerv uses that have obtained buildinq permits fro tenant improvements and are under construction but not complete be exempt from a Conditional Use Permit or Minor Use permit reauirement? By consensus, the City Council agreed yes. Should new qrocerv uses that have submitted a Planninq Pre-application or a Site Development Review application and are not yet deemed complete, be exempt from a Conditional Use Permit or Minor Use Permit requirement? By consensus, the City Council agreed yes. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 29 G`~~OFpp~y REGULAR MEETING 19,~~~,~ July 20, 2010 ~~ ~ ~~ ~4GIFpR~~~ Ms. Waffle stated there were two businesses in the pipeline but in different places. There were a total of three. Should existinq qrocerv uses be "qrandfathered" or made leaal nonconformin.g? Mayor Sbranti stated they should be legal nonconforming. Vm. Hildenbrand stated she agreed. Cm. Hart stated he agreed. Cm. Scholz stated she agreed. Should staff consider whether qrocery uses are sufficientlv different from other retail uses such that the parkinq requirements for qrocery uses should be amended? Mayor Sbranti stated yes. Cm. Hart stated yes, it should be reviewed and if warranted, be different. It may not need to be different but it should be reviewed. Should the application fee for a Conditional Use Permit or Minor Use Permit be modified for grocerv uses so as to eliminate the aeneral fund subsidy for applications for grocerv uses? Mayor Sbranti asked what the applicant would pay if the fee were based on complete cost recovery. City Manager Pattillo stated that would depend on time and materials. It would be different for each situation. Cm. Hart stated he was not sure why it should be different for a grocery use. City Manager Pattillo stated Staff was asking if the City Council wanted the fee to be a flat fee. Some situations might take more time than others. The City Council could decide to make the fee based on time and materials. The General Fund subsidy was on Staff time and Consultants' time. Cm. Hart stated there should not be a subsidy from the General Fund. If it were a commercial business, they should pay a fee for Staff's time. Mayor Sbranti stated the fee should be based on time spent. By consensus, the City Council agreed to keep the fee and add on the cost of time and materials. DUBLIN CITY COUNCIL MINUTES 15 VOLUME 29 `~oFDUe~ REGULAR MEETING 1;~~~~~ J u ly 20, 2010 ~~ ~/~ C'4G/FpR~`b City Manager Pattillo recapped the direction provided to Staff by the City Council, and stated the item might not come back before the City Council until September or October. It would come back with more clarifying information and there might be more dialogue. Cm. Biddle stated when the discussion took place, the City Council needed to see if they are being counter productive. Were they helping or hindering Economic Development. • NEW BUSINESS - NONE •~ OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) 9:20:01 PM Cm. Scholz thanked the people of Dublin for another safe and successful 4th of July. She had come to view the Transit art that was on display in the Civic Center. She also attended the League of California Cities East Bay Division dinner, the National Night Out, and would be attending the City of Dublin employee bar-b-que and the ribbon cutting for Dublin Hills Regional Trail located at Schaefer Ranch. Cm. Hart stated he had no items to report. Cm. Biddle stated the Transit art was still being displayed in the Civic Center. He attended the Relay for Life American Cancer Society event, the Stopwaste Planning Committee meeting, and as part of the Economic Committee, visited Supergen in Dublin, and attended National Night Out. Vm. Hildenbrand stated she attended a Livermore Amador Valley Transit Authority meeting, the League of California Cities East Bay Division meeting. Mayor Sbranti stated he would be attending the Innovation Tri-Valley Forum, and he attended the Relay for Life and a Congestion Management Agency meeting. He attended a CATA college meeting, and a TV30 Board meeting. The City Council reconvened to Closed Session. DUBLIN CITY COUNCIL MINUTES 16 VOLUME 29 ,~oF~, REGULAR MEETING ,,;~~` (j~~ ~9 ~ ~ ~si July 20, 2010 ~`~~j~~~ 4G1 R~1 Mayor Sbranti stated there was no reportable action from Closed Session. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 10:12 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. ,~.ti-- ~ ~ ,~~ ATTEST: l.-~~~1' ` ~c~'"v~ Mayor City Clerk DUBLIN CITY COUNCIL MINUTES ~7 VOLUME 29 `~OFDpB~ REGULAR MEETING ~„ ; ;~ J u ly 20, 2010 '~~~~~j/~ '1GIFOR~l