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HomeMy WebLinkAbout06-07-2011 Adopted CC Min~~0~' DU~~~ MINUTES OF TH~ CITY COUNCIL ~,`` OF THE CITY OF DUBLIN 1_~ $~ REGULAR MEETING - JUNE 7, 2011 ,~;~/~. ~ _t~. CLOSED SESSION A closed session was held at 6:29:52 PM , regarding: I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: City of Dublin v. AA Label, Inc., Alameda County Superior Court, RG11561163 11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Elite Landscaping, Inc. v. City of Dublin, Alameda County Superior Court, RG11555497 ~w`~•: ~ A regular meeting of the Dublin City Council was held on Tuesday, June 7, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:10:46 PM , by Mayor Sbranti. ~/ ROLL CALL PRESENT: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti ~ ~ ABSENT: Councilmember Hildenbrand ~ PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~i REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ~i DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 ~~OFDpB REGULAR MEETING ni~ ~'/ o~ J U N E 7, 2011 1~\~~~1% Ga~ e~'s ORAL COMMUNICATIONS Certificate of Recoqnition for Bethanv Zummo 7:11:25 PM 3.1 (610-50) The City Council presented a Certificate of Recognition for Bethany Zummo on her recent selection to the United States Women's Paralympics Sitting Volleyball team. Presentation to Citv Council 7:12:42 PM . 3.2 1060-30 Bay Area Rapid Transit (BART) Board Vice President John McPartland presented a gift to the City Council for its support of the West Dublin BART Station. The City Council accepted the gift. ~,~ Proclamation for Challenqe Butter Day 7:14:47 PM 3.3 (610-50) The City Council presented a proclamation declaring June 11, 2011 as Challenge Butter Day. Acceptance of Gifts for the Heritaae Park and Museums and Dublin Senior Center 7:20:05 PM 3.4 (610-50) Assistant Director of Parks and Community Services Paul McCreary and Heritage Center Director Elizabeth Isles presented the Staff Report and advised that the City Council would receive a report on donations made during Fiscal Year 2010-2011 from Dublin individuals, businesses and local non-profit organizations to support the Heritage Park and Museums, and the Dublin Senior Center. Additionally, the City Council would be asked to accept a donated Studebaker Wagon, circa 1900, as an addition to the Heritage Park & Museums Collections. On motion of Vm. Hart, seconded by Cm. Biddle and by unanimous vote (Cm. Hildenbrand absent), the City Council accepted the gifts and the Studebaker Wagon for the Heritage Park & Museums Collections. ~'- DUBLIN CITY COUNCIL MINUTES 2 VOLUME 30 G`,~oFO~o~ REGULAR MEETING a~~~ir~~~ JUNE 7, 2011 ~\ ~ /~ ~~~~~s Report on 2011 Dublin Pride Week Activities and Recoqnition of Poster Contest Winners and Pride Week Partners 7:30:28 PM 3.5 (150-80) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the City Council would formally recognize the contributions made by various individuals and organizations that helped make the 2011 Dublin Pride Week activities into a successful community event. The City Council recognized the various individuals and organizations that participated in Dublin Pride Week. ~''i 2011 Tri-Vallev Housinq Opportunities Week 7:25:08 PM 3.6 (610-50) In conjunction with Tri-Valley Housing Opportunities Week, June 4-11, 2011, the City Council recognized the Tri-Valley Housing Opportunity Center for their service to the Dublin Community. ~'i Public Comments 7:50:20 PM 3.7 Tammy Goldstein, Relay for Life representative, thanked the City for its assistance with the Relay for Life event. Connie Mack, Dublin resident, asked if the City Council could send a card of encouragement to Joplin, Missouri regarding current weather tragedies. The City Council stated they would look into this. ~. CONSENT CALENDAR 7:56:37 PM Items 4.1 through 4.19 Mayor Sbranti pulled Items 4.5, 4.8, 4.13, and 4.18 for further discussion DUBLIN CITY COUNCIL MINUTES 3 VOLUME 30 ~,~oF~B REGULAR MEETING ii~~ir~~~ JUNE 7, 2011 `~ ~ /~ GcrFOeN~ On motion of Vm. Hart, seconded by Cm. Swalwell and by unanimous vote (Cm. Hildenbrand absent), the City Council took the following actions: Approved (4.1) Minutes of Special Meeting of January 22, 2011 and Regular. Meeting of May 17, 2011. Adopted (4.2 400-20/450-30/600-60) ORDINANCE NO. 6 -11 APPROVING A PD-PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT/STAGE 2 DEVELOPMENT PLAN AND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE AVALON BAY COMMUNITIES DUBLIN STATION PROJECT ON SITE C OF THE DUBLIN TRANSIT CENTER, PA 06-060 ORDINANCE NO. 7 -11 APPROVING A DEVELOPMENT AGREEMENTAND FINDING THE PROJECT EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR DUBLIN STATION, SITE C, DUB~IN TRANSIT CENTER BETWEEN THE CITY OF DUBLIN AND AVALON BAY COMMUNITIESy PA 06-060 Authorized (4.3 600-30) modifications to the agreement with Management Partners, Incorporated of up to $50,000 which should be funded from contributions made by the member agencies to a special trust fund held by the City of Dublin Adopted (4.4 450-20) ORDINANCE NO. 8 -11 AMENDING CHAPTERS 8.12 (ZONING DISTRICTS AND PERMITTED USES), 8.34 (SCARLETT COURT OVERLAY ZONING DISTRICT~, AND 8.116 (ZONING CLEARANCE) OF THE ZONING ORDINANCE FOR AUTO-RELATED USES IN THE SCARLETT COURT OVERLAY ZONING DISTRICT, PLPA-2011-00019 Adopted (4.6 600-35) RESOLUTION NO. 61 - 11 ACCEPTING IMPROVEMENTS TO DUBLIN SPORTS GROUNDS PHASE IV DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 ~~~~DUe REGULAR MEETING 19~~i~"'~~~~ JUNE 7, 2011 ~\ ~ ~~ ~dGIFOR~~ Adopted (4.7 600-30) RESOLUTION NO. 62 - 11 APPROVING AN AGREEMENT WITH DAHLIN GROUP ARCHITECTURE PLANNING FOR THE CIVIC CENTER MODIFICATIONS PROJECT Adopted (4.9 600-60) RESOLUTION NO. 64 -11 APPROVING THE ASSIGNMENT AND ASSUMPTION OF, AND SECOND AMENDMENT TO, THE DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE ARROYO VISTA REDEVELOPMENT PROJECT WITH THE HOUSING AUTHORITY OF THE CITY OF DUBLIN, THE HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA, EDEN HOUSING INC., AND CITATION HOMES CENTRAL Adopted (4.10 150-70) RESOLUTION NO. 65 -11 ACCEPTING THE DONATIONS FOR THE ALL-AMERICA CITY AWARDS COMPETITION AND AUTHORIZING CITY TRAVEL EXPENSES AND TRAVEL OUT OF STATE BYCITY OFFICIALS, STAFF, AND COMMUNITY MEMBERS TO REPRESENT THE CITY OF DUBLIN AT THE ALL-AMERICA CITY AWARDS and approved the Budget Change. Adopted (4.11 600-70) RESOLUTION NO. 66 -11 APPROVING THE FIRST AMENDMENT TO AMENDED AND RESTATED SUBSEQUENT AFFORDABLE HOUSING AGREEMENT FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND PAYMENT OF FEES IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING UNITS DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 G`~OFDpB~y REGULAR MEETING 19~~~ir~~~ JUNE 7, 2011 ~\ ~ ~~ ~~rne~`° Reviewed (4.12 600-40) the comparative analysis of the services provided under this agreement and adopted RESOLUTION NO. 67 - 11 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALAMEDA PUBLIC WORKS AGENCY FOR TRAFFIC SIGNAL AND STREETLIGHTING MAINTENANCE, AND REAL ESTATE SERVICES Adopted (4.14 600-35) RESOLUTION NO. 69 -11 AWARDING CONTRACT NO. 11-03, DUBLIN TRAFFIC SIGNAL IMPROVEMENTS TO COLUMBIA ELECTRIC, INCORPORATED Adopted (4.15 360-20) ' RESOLUTION NO. 70 - 11 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-1 RESOLUTION 71 -11 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-1 RESOLUTION NO. 72 -11 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1983-2 ~2ESOLUTION NO. 73 -11 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 19832 DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 G~t o~' oUa~,~ REGULAR MEETING a'~~~~~ JUNE 7, 2011 ~~ ~ ~~ ~'~c,FOC~~'~ RESOLUTION NO. 74 -11 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1986~1 (VILLAGES AT WILLOW CREEl~ RESOLUTION NO. 75 -11 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 198f~1 RESOLUTION NO. 76 -11 APPROVING PRELIMINARY ENGINEER'S REPORT, LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) RESOLUTION NO. 77-11 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) RESOLUTION NO. 78 -11 APPROVING PRELIMINARY ENGINEER'S REPORT, LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) RESOLUTION NO. 79 -11 APPOINTING TIIIAE AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 1997-1 (SANTA RITA AREA) Adopted (4.16 600-30) RESOLUTION NO. 80 - 11 APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR CONTINUED FIRST RESPONDER ADVANCED LIFE SUPPORT SERVICES (FRALS SERVICES) DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 G~~yOF Dp~~y REGULAR MEETING 19~~,`.'~,~~~ JUNE 7, 2011 ~\ ~ ~ C''~L/FpB~~` Adopted (4.17 600-35) RESOLUTION NO. 81 - 11 AWA62DING CONTRACT NO. 10-09 DUBLIN HISTORIC PARK THEATER LIGHTING PROJECT TO SOUSA ELECTRIC. and; approved Budget Change in the amount of $64,520 Approved (4.19 300-40) Check Issuance Reports and Electronic Funds Transfers. Mayor Sbranti pulled Item 4.5 Comprehensive Emergency Management Plan Update (520-30), and stated that he wanted Staff to highlight this item. Senior Administrative Analyst Roger Bradley sfated the City reviewed the Emergency Management P/an annua/ly to ensure the City included best practices and was up to date. Staff was proposing to adopt a Volunteer Management P/an into the Emergency Management Plan. It put into place a p/an the City would use to he/p integrate vo/unteers into emergency management practices and put those peop/e to work in a safe and effective manner. Mayor Sbranti asked if the City could pre-register residents for volunteering. Mr. Bradley stated the City had a Community Emergency Response Team put in place through the Fire Department where residents could volunteer. On motion of Mayor Sbranti, seconded by Cm. Swalwel/ and by unanimous vote (Cm. Hildenbrand absent), the City Council adopted the addition to the Comprehensive Emergency Management Plan. ~'i Mayor Sbranti pulled /tem 4.8, Authorization to Enter into an Agreement with Capita/ Accounting Partners to Provide a Cost Allocation and User Fee Study (600-30), and asked if the City wou/d be in contact with the development community and what would go into the study. City Manager Pattillo stated the study would take another /ook at the model. The City Council had the ability to cover /ess than full cost. The City met with the development community and the Chamber of Commerce to get their input. The City would continue that kind of commitment. The City wanted to ensure its numbers were up-to-date. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 G~~~OFDUe~ REGULAR MEETING a~~~~~~ JUNE 7, 2011 ~\ ~ ~~~ ~4GIFOR~~ On motion of Mayor Sbranti, seconded by Vm. Hart and by unanimous vote (Cm. Hildenbrand absent), the City Council adopted RESOLUT/ON NO. 63 - 11 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT W/TH CAP/TAL ACCOUNTING PARTNERS TO CONDUCT A COST ALLOCATION AND USER FEE STUDY ~ Mayor Sbranti pulled Item 4.13, Award of Bid - Contract No. 11-06, Striping and Marking Contract (600-35), and asked why the bid was for three years. Public Works Manager Steven Yee stated when Staff first developed the contract, they put together estimates of what they anticipated doing. They identified a unit cost measure to get a bid price of specific work to be completed. Based on the contract, they picked the bid items or unit measures thaf fit within the $53, 000 budget. ln Fiscal Years 2012 and 2013, the City wou/d re-evaluate and see what the City's needs were based on the increased street mileage and such. The City Council and Staff confirmed that the $234,000. The bid document showed that the Fisca/ Year. City Council was giving authorization to spend City would only spend $53, 000 in the upcoming On motion of Mayor Sbranti, seconded by Cm. Swalwe/l and by unanimous vote (Cm. Hildehbrand absent) the City Council adopted RESOLUT/ON NO. 68 - 11 AWARD/NG CONTRACT NO. 11-06, STREET L/GHT POLE PAINT/NG CONTRACT TO CHR/SP COMPANY -~~ Mayor Sbranti pulled Item 4.18, Award of Bid - Contract No. 11-07, 2010-2011 Annual Street Overiay Program (600-35), for further discussion and asked about the City's fo/low-up to ensure the work was completed correctly. Public Works Manager Steven Yee stated there was the retention of compensation before accepting the contract work. City Manager Pattillo asked Mr. Yee to go through the quality control mechanisms the City enacted to ensure quality work. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 G~~~FODB~y REGULAR MEETING a~~~~~~ JUNE 7, 2011 ~\ ~ ~~ ~'lGIFOR~~ Mr. Yee stated, with every fype of resurfacing project, the City had contract documents that stated the City's design standards. As part of the checks and balances, design submittals were approved. Once approved, they were handed off to the construction inspector who oversaw the work and monitored variables such as weather, placement of materials, and compaction, etc. Last year's issues had to do with construction defects. On motion of Mayor Sbranti, seconded by Cm. Biddle and by unanimous vote (Cm. Hildenbrand absent), the City Council adopted RESOLUT/ON NO. 82 - 11 AWARD/NG CONTRACT NO. 11-07, 2010-2011 ANNUAL STREET OVERLAYPROGRAM, TO MCK SERVICES, INC. and approved the Budget Change authorizing Alameda County CMA-TIP funds for Dublin Boulevard Improvements. , WRITTEN COMMUNICATIONS - None ~ PUBLIC HEARINGS Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided Bv Amador Vallev Industries anc9 Establishinq the 2011-2012 Annual Assessment 8:18:10 PM 6.1 (810-30) Mayor Sbranti opened the public hearing. Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that the Agreement for solid waste services between the City and Amador Valley Industries (AVI) required the City to adopt a rate schedule, which was estimated to produce a specified revenue amount as identified in the Agreement. The City also adopted an Ordinance which required all parcels in the City to subscribe to weekly minimum garbage service. For residential properties that are serviced with individual containers, the City collects the annual cost of minimum service with the property tax bill. The City Council would consider adopting two separate resolutions establishing the garbage rates effective July 1, 2011 and establishing the Fiscal Year 2011- 2012 refuse related property tax assessment. No testimony was received by any member of the public relative to this issue. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 G~,~I~FDUB~ REGULAR MEETING 19r~~i~~~ JUNE 7, 2011 ~\ ~ ~ G~ir~oR~`° Mayor Sbranti closed the public hearing. Vm. Hart stated this was a small increase in rate and he appreciated the work AVI did and its partnership with the community. On motion of Cm. Biddle, seconded by Vm. Hart and by unanimous vote (Cm. Hildenbrand absent), the City Council adopted RESOLUTION NO. 83 -11 AMENDING ~THE SCHEDULE OF SERVICE RATES FOR INTEGRATED SOLID WASTE SERVICES and RESOLUTION NO. 84 -11 APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 201'~2012 ~ Solid Waste and Recvclina Enclosure Standards Ordinance 8:23:45 PM 6.2 (810-20) Mayor Sbranti opened the public hearing. Environmental Specialist Martha Aja presented the Staff Report and advised that the Solid Waste and Recycling Enclosure Standards established design criteria and size requirements for new enclosures within the City. The intent of the standards was to ensure that there was adequate space in newly constructed enclosures for solid waste and recycling, including organics if applicable. The Solid Waste and Recycling Enclosure Standards applied to: new development projects; remodeled commercial development projects that triggered a planning entitlement and consist of grocery stores, restaurants, markets, daycare centers and auto repair/use; and tenant improvements, where no planning entitlement was required, if the use had the potential to pollute storm water. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Vm. Hart stated he previously had concerns regarding this issue. The City should strive to have businesses meet these requirements. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 ~,~OFDp~ REGULAR MEETING i;~~~~~ JUNE 7, 2011 ~~ ~ ~~ ~4GIttpR l~ Mayor Sbranti stated the City could start with new development and find low costs ways to deal with enclosures. On motion of Cm. Biddle, seconded by Cm. Swalwell and by unanimous vote (Cm. Hildenbrand absent), the City Council waived the reading and introduced an Ordinance adopting a New Chapter 7.98 relating to Solid Waste and Recycling Enclosure Standards. ~ Public Hearing - Continuance: Amendment of Dublin Municipal Code Chapter 5.56 (Smokinq Pollution Control) 8:32:16 PM 6.3 (560-90) Mayor Sbranti opened the public hearing and stated the City Council would consider continuing, until June 21, 2011, the first reading of an amendment to the Smoking Pollution Control Ordinance to increase the requirement on the percentage of apartment residences that must be designated as non-smoking units from 50% to 75%, which would be accomplished on or before January 1, 2013. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. By consensus, the City Council continued the item to the June 21, 2011 Adjourned Regular City Council meeting, which would begin at 5:30 p.m., in the Dublin City Council Chambers. ~ UNFINISHED BUSINESS Agreement Between City of Dublin and Dublin Unified School District Reqardinq Use of Facilities 8:32:38 PM 7.1 (600-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the City Council had a high priority objective (Culture & Leisure, Parks & Community Services, No. 11) to update the existing agreement regarding use of facilities between the City of Dublin and Dublin Unified School District. The City Council considered proposed revisions to the Agreement as negotiated befinreen the City and District and recommended by the Parks and Community Services Commission. Cm. Swalwell asked how this would apply to the Little League or Soccer League. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 30 G`~OFDp~~ REGULAR MEETING 19~~~~~~ JUNE 7, 2011 ~~ ~ ~~ ~r R~~° Ms. Lowart stated, when a community group wanted to use a School facility, they came to the City to request a permit. The City could access a data base, which included school facilities, to see if rentals were available and reserve it for the member of the public. This would expedite the process for the public. Mayor Sbranti asked what facilities would be made available by the School District. Ms. Lowart stated the School District would make a list available every year of available facilities. Vm. Hart stated this was a major accomplishment for the community. On motion of Cm. Biddle, seconded by Vm. Hart and by unanimous vote (Cm. Hildenbrand absent), the City Council adopted RESOLUTION NO. 85 -11 APPROVING AGREEMENT BETWEEN CIN OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT REGARDING USE OF FACILITIES ~ NEW BUSINESS Window Siqnaqe Requlations 8:48:45 PM 8.1 (400-30) Senior Planner Marnie Waffle presented the Staff Report and advised that, at the direction of the City Council, Staff had prepared an informational report on the City's Window Sign Regulations which were contained in Chapter 8.84 of the Dublin Zoning Ordinance. Vm. Hart asked if the definition of a window sign included a film blocking off the entire view into the business. Ms. Waffle stated, if it included text or graphics, it could be considered a window sign. If it was simple tinting, then it fell under more of a design or architectura{ feature, which was subject to design review. Vm. Hart asked if a business had cabinetry against the window, blocking the view from the street, would that be considered a sign. Ms. Waffle stated that would not be considered a window sign. DUBLIN CITY COUNCIL MINUTES 13 VOLUME 30 G~~OFDpB~ REGULAR MEETING 19,~~~~~ JUNE 7, 2011 ~~ ~ ~~ ~ic, e~m Vm. Hart stated he had concerns for safety. Ms. Waffle stated Staff was finding more requests for window film due to architectural design. Vm. Hart stated he did not have a problem with the current sign policy. He wanted to ensure that business signage was kept within City policies as far as aesthetics. Mayor Sbranti asked if the City had regulations on flags on poles in parking lots. Ms. Waffle stated they were not advertising, but seasonal in nature. The City Council received the report. Temporarv Use Permit for Circus Varpas 9:06:50 PM 8.2 (410-30) Senior Planner Marnie Waffle presented the Staff Report and advised that Chapter 8.108 (Temporary Use Permit) of the City of Dublin Zoning Ordinance contained regulations pertaining to temporary land uses. At the May 17, 2011 City Council meeting, the Dublin Rotary Club addressed the City Council during Oral Communications requesting that a Circus Vargas be allowed to operate for a longer duration than what Chapter 8.108 allowed for Carnivals. At the request of the City Council, Staff was providing a report on the Temporary Use Permit chapter as it relates to a circus and requested direction regarding the proposed duration of the circus as requested by the Dublin Rotary Club. Cm. Biddle stated he was a member of the Dublin Rotary and would refrain from discussion and abstain from voting on this item. Mark Landon, Circus Vargas representative, stated he was available for questions. He stated, when Circus Vargas asked for a 13 day event, they were asking for 10 performance days, with two days for preparation, and one tear-down day. This was an animal-free show. They attracted elementary school children and their parents. It was a family-oriented show. They did bring business into the City. Vm. Hart asked how many shows would there be in the 10 days and what were the ticket prices. Mr. Landon stated it would depend on the day of the week. They liked to open on Friday nights and would have one show that night. On Saturday and Sundays they had three shows and during the week they had one show a night. They would like to arrive on a Wednesday; set up on Wednesday and Thursday, open Friday night and have shows on Friday, through the following week ending on Monday, with a day off during that time. DUBLIN CITY COUNCIL MINUTES 14 VOLUME 30 ~,~o~oo~ REGULAR MEETING ii~~ir~~~ JUNE 7, 2011 `~ ~ ~ _ GciFOR~'s Vm. Hart asked what tickets cost. Mr. Landon stated tickets were priced from $15 to $60. There could be discounts available. Mayor Sbranti asked what dates they were considering. Mr. Landon stated there were looking at arriving July 6, with shows July 8-18. Mayor Sbranti asked how the partnership worked with the non-profit organizations. Mr. Landon stated the Rotary acquired the property for the Circus at no cost, so the Circus would make a donation to the Rotary Club. The Rotary would operate the parking and keep all proceeds from the parking. The Circus was trying to advertise at the School District. Mayor Sbranti asked about advertising. Mr. Landon stated the Circus was speaking to a Bay Area television station, radio stations, the Bay Area News Group, and other cultural newspapers regarding advertising. The Circus drew people in, especially the restaurants in the area. Vm. Hart asked if restaurants could be mentioned on the Circus' flyers. Mr. Landon stated if they were part of Circus packages, they could. Vm. Hart mentioned the date for the start of the Circus was pretty close. Mr. Landon stated he had applied a while ago and had begun the process. They would come to the City, but were hoping the City would allow 10 performance days. Vm. Hart asked if that was the most performance days they could do. Mr. Landon stated they were already booked before and after the Dublin dates, but if the City Council allowed the Circus eleven performance days, they could do that. It was a highly visible location and they could draw a lot of people here. Cm. Swalwell asked Mr. Landon if they would prefer 11 perFormance days. Mr. Landon stated they were only asking for ten, but if the City approved 11, they could do that. Mayor Sbranti asked if they would be advertising shortly. Mr. Landon stated they had general marketing materials that could have dates and show times inserted very quickly. DUBLIN CITY COUNCIL MINUTES 15 VOLUME 30 G~,~~FOUB~y REGULAR MEETING 19~~~~~~ JUNE 7, 2011 ~~ ~ ~ ~'~~~R~~ Bob Tucknott, Dublin Rotary representative, stated the Rotary was forming a partnership to gain funds for use in the community. These types of events benefited the community. Vm. Hart asked what the Rotary would be charging for parking. Mr. Tucknott stated a normal amount would be $5 a car. Mr. Ron Mazur, speaking on behalf of the Dublin Rotary, stated the Circus was a fundraiser for the Rotary. The Rotary's goal was to save lives and help build communities. He discussed some of the projects they worked on including providing assistance to City's high schools. They had supported and worked in partnership with Dublin Partners in Education. They also worked with the East Bay Stand Down Event. Vm. Hart stated he was not in favor of calling the Circus a skating rink. He asked for more details on Staff's proposed option to amend Chapter 8.108 (Temporary Use Permit) of the City Municipal Code to provide greater flexibility, such as including an "Other" category or the ability to extend timeframes on a case-by-case basis, to cover the Circus or other event. Ms. Waffle stated there currently was not at third category. Staff was looking for direction from City Council to amend the Temporary Use Permit chapter to create a new category as "Other" as well as the parameters for what the "Other" category would be. Vm. Hart stated he did not believe in calling the Circus something it was not. There were other considerations such as security and permits that would have to be accomplished rather quickly. City Attorney Bakker stated the City Council was not being asked to define the Circus as an ice rink, just something similar to. That was why Staff suggested treating it as a carnival or an ice rink, which had similar characteristics in that it attracted similar type and size of crowd. City Manager Pattillo stated, in order to meet timelines, the City Council would have to determine the Circus similar to a"skating rink". The element after that would be to work on a category to bring back for City Council consideration. Vm. Hart stated the issue was then to issue a permit to exceed 13 days. Could the request be expanded to 11 show days? Cm. Swalwell asked Mr. Landon if the Circus would consider cross-promotion of City events? Mr. Landon stated that would have to be determined by the, owner of the Circus. The Circus could hand out flyers at the shows directing them to City events. City Manager Pattillo stated Staff could work with the Circus to see if there were such opportunities. Mayor Sbranti agreed that Staff could work on the details of cross-promotion. DUBLIN CITY COUNCIL MINUTES 16 VOLUME 30 G~~oFOOB~~ REGULAR MEETING a~~~~~~ JUNE 7, 2011 ~~ ~ ~~ ~`~IFOR~~ Vm. Hart stated there was no question that the Rotary Club contributed significantly to the community. Staff would answer questions regarding the security of the event. He was supportive of the project. Mr. Landon stated the Circus had already provided a security plan to the City, as well as a recycling plan and had addressed Staff's concerns. Cm. Swalwell stated he supported this event and would recommend 11 or 12 perFormance days. Mayor Sbranti stated he also supported this event and request. Vm. Hart asked that the City also coordinate with the Chamber of Commerce and schools. On motion of Cm. Swalwell, seconded by Mayor Sbranti and by unanimous vote (Cm. Hildenbrand absent and Cm. Biddle abstaining), the City Council directed Staff to allow a Temporary Use permit for Circus Vargas to be considered a use similar to an outdoor skating rink for temporary land use, and that they be permitted to have up to a 15 day permit under Chapter 8.108, which would include two days of set up and one day of takedown; and, return with discussion items regarding amending Chapter 8.108 (Temporary Use Permit) to provide greater flexibility. ~ Foster General Plan Amendment Studv Initiation Request 9:49:25 PM 8.3 (450-20) Principal Planner Kristi Bascom presented the Staff Report and advised that the City Council would consider whether to initiate a General Plan Amendment Study to modify a 10-foot-wide strip of property owned by the Hansen Ranch Homeowners Association that abuts property at 10872 Inspiration Circle from "Open Space" to "Low Density Single Family Residential". On motion of Cm. Biddle, seconded by Cm. Swalwell and by unanimous vote (Cm. Hildenbrand absent), the City Council adopted RESOLUTION NO. 86~ -11 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APPRC)XIMATELY 1,450 SQUARE FEET OF LAND ADJACENT TO 10872 INSPIRATION CIRCLE FROM "OPEN SPACE" TO "LOW DENSITY SINGLE FAMILY RESIDENTIAL" ~:i. DUBLIN CITY COUNCIL MINUTES 17 VOLUME 30 ,~~'Iw8 REGULAR MEETING a;~,~r,~~~ JUNE 7, 2011 ~~ ~ ~ C',~ R~~D Neiqhborhood Park Names for Positano Development 9:57:27 PM 8.4 (290-30) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the Positano Development was located east of Fallon Road at Positano Parkway. Two Neighborhood Parks were included in the Development. The 2010-2015 City of Dublin Capital Improvement Program included funding for design and construction of one of the Neighborhood Parks. The City Council would consider input received from the public and the Parks and Community Services Commission on possible park names. The City Council discussed the possible names and decided on the name Sean Diamond for the 5.0-acre Park and Positano for the 4.6-acre site. On motion of Mayor Sbranti, seconded by Cm. Biddle. and by unanimous vote (Cm. Hildenbrand absent}, the City Council selected Sean Diamond and Positano as the names for the two neighborhood parks planned for the Positano development. ~ OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports aa~d Reports by Council related to meetings attended at City expense (AB 'i234) ~ 10:09:25 PM Cm. Biddle stated he attended a League Legislative workshop; he was a judge at the Mayor's Challenge Awards; he attended a Waste Management Board meeting, an East Bay Division League of California Cities meeting, and the Livermore Amador Valley Transit Authority Board meeting. Vm. Hart stated he attended a City of Dublin - Dublin Unified School District Liaison Meeting, and the Alameda County Fire Advisory Committee meeting. Cm. Swalwell asked when the Fallon Road extension would open. Public Works Director Gary Huisingh stated that, as soon as the baby eagle left that area, the biologist would make a decision as to when work could begin. They were estimating the first part of Juiy. Cm. Swalwell asked when the stop light at Amador Valley and Brighton would be installed. City Manager Pattillo stated the work would start shortly. The City took into account the school schedule in timing the installation of the light. DUBLIN CITY COUNCIL MINUTES 18 VOLUME 30 G~yOF DpB~ REGULAR MEETING a,~~~~~ JUNE 7, 2011 `~ ~ ~ ~'~GIFpR~~ Cm. Swalwell stated he attended the ribbon cutting at the Dublin High School, the Tri-Valley City Council meeting and the Farmers' Market. Vm. Hart stated he attended a meeting with the City Attorney regarding the City Attorney's evaluation. Mayor Sbranti stated he attended the Tri-Valley City Council meeting, and spoke at the Challenger Baseball event, ~i ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 10:27:02 PM in memory of Dublin Unified School District employee Dianna Moran, Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. /'~/ \) .~ \ , Mayor ATTEST: ~ ~d~t/ ~ City Clerk DUBLIN CITY COUNCIL MINUTES 19 VOLUME 30 G~~OF DpB~ REGULAR MEETING a~~~~~~ JUNE 7, 2011 ~` ~ ~~ Gui a~`~