Loading...
HomeMy WebLinkAbout4.01 Draft 03-17-2009 CC MinDRAFT OF DU~~~ MINUTES OF THE CITY COUNCIL ,`` OF THE CITY OF DUBLIN -~-~ $~ /l REGULAR MEETING -March 17, 2009 '.\ ~ < /', CLOSED SESSION A closed session was held at 6:03 p.m., regarding: I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code section 54957) Title: City Manager ~~~-8 A regular meeting of the Dublin City Council was held on Tuesday, March 17, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:13 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, and Hildenbrand and Mayor Sbranti. ABSENT: Councilmember Scholz rte'- _._._ .n 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 advised that no reportable action was taken. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 28 ~o~~ REGULAR MEETING i~~~~~ ,. March 17, 2009 \\\~1'~ lJ/ 02 a-P 5~ DRAFT rt _ n__. ORAL COMMUNICATIONS Recognition of Carl Zeiss Meditec for Outstanding Emergency Preparedness Efforts 7:14 p.m. 3.1 (610-50) Administrative Analyst Roger Bradley presented the Staff Report and advised that Carl Zeiss Meditec would be recognized for its emergency preparedness efforts and partnership with the City of Dublin in holding an emergency evacuation exercise on February 13, 2009. The City Council presented a proclamation to Mark Boyd, representative for Carl Zeiss Meditec. ____ _~m~ Presentation of St. Patrick's Day Limerick by City Poet Laureate, Ronnie Holland 7:18 p.m. 3.2 (910-75) The City Council received the presentation of the St. Patrick's Day Limerick by Ronnie Holland, Poet Laureate. Presentation of 2008 Award of Excellence from California Park and Recreation Society 7:22 p.m. 3.3 (610-50) Director of Parks & Community Services Diane Lowart presented .the Staff Report and advised that the City of Dublin's 25th Anniversary St. Patrick's Day Festival was recognized with an Award of Excellence in the category of Recreation and Community DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 REGULAR MEETING i9lti ~_~ u~t~ March 17, 2009 \\\~~ Gc~ DRAFT 3~~ Services, Neighborhood/Community Life. The award was presented at the Annual Conference of the California Park and Recreation Society on March 6, 2009. The City Council accepted the 2008 Award of Excellence. Public Comments 7:25 p.m. 3.4 Claudia Ambrose, representative of Pleasanton and Dublin congregational members of the Church of Jesus Christ of Latter Day Saints, extended an invitation to the City Council and Dublin community to attend a dance festival on March 21, at 7:00 p.m. at the Dublin High School gym. The theme was "2009 - A Brand New Year". Ramoncito Firmeza, Dublin resident, stated broadband technology and campus networking should be part of the City's Ten-Year Strategic Plan. With broadband technology and improved and virtual local air network and campus networking, there was now the ability for commercial and residential employees to take advantage of a zero commute concept. CONSENT CALENDAR 7:31 p.m. Items 4.1 through 4.5 On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the Council took the following actions: Approved (4.1) Minutes of January 20, 2009 and February 3, 2009; DUBLIN CITY COUNCIL MINUTES 3 VOLUME 28 or REGULAR MEETING 19;~~~ -~~ March 17, 2009 ~~ ~~~/ ~c ~ ~ ~~8 DRAFT Adopted (4.2 600-60) RESOLUTION N0.27 - 09 APPROVING PARTIAL RELEASE OF SECURITY ASSOCIATED WITH TRACT 6765, SCHAEFER RANCH -PHASE 2 IMPROVEMENTS (SCHAEFER RANCH HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) Adopted (4.3 600-60) RESOLUTION N0.28 - 09 ACCEPTING IMPROVEMENTS FOR STORM DRAIN LINE IN DUBLIN RANCH, AREA B Adopted (4.4 600-30) RESOLUTION N0.29 - 09 APPROVING AMENDMENT TO THE AGREEMENT WITH ABM JANITORIAL SERVICES (FORMERLY ONESOURCE BUILDING SERVICES, INC.) FOR JANITORIAL SERVICES AT THE SHANNON CENTER. Approved (4.5 300-40) the Warrant Register in the amount of $8,892.766.74. .~~~ ___ , WRITTEN COMMUNICATIONS -None PUBLIC HEARINGS Appeal of Planning Commission's Denial of a Conditional Use Permit To Operate a Boarding House at 3608 Oakhurst Court (PA 08-023). 7:31 p.m. 6.1 (410-30) Mayor Sbranti opened the public hearing. DUBLIN CITY COUNCIL MINUTES a VOLUME 28 woe REGULAR MEETING i~~~~~~ March 17, 2009 ~~,'~' s~5~ DRAFT City Attorney John Bakker stated that he would leave the dais for this item as he had been advising City Staff on this particular agenda item and therefore could not .advise the City Council. Attorney Tim Cremin from the City's contracted law office, Meyers Nave, would sit in on the item. Senior Planner Erica Fraser presented the Staff Report and advised that the City Council would consider an appeal of the Planning Commission's denial of a Conditional Use Permit (CUP) to operate a Boarding House in which up to 16 people could live. (12 boarders, 2 caretakers and 2 children related to the caretakers) at 3608 Oakhurst Court. Mayor Sbranti asked for clarification on the Alternatives presented in the Staff Report. Alternative 1 included 12 boarders, Alternative 3 was four or less, and Alternative 2 was 8-10 boarders. Ms. Fraser stated that with Alternative 2, Staff proposed conditions to address the Planning Commission's concerns, limiting the residents in the house to no more than 12. There would be two caretakers, two caretaker's children and eight boarders. Alternative 4 was if the City Council wanted to do anything else. Vm. Hildenbrand asked how many nursing homes or care homes were in the community. There were these types of homes and approving this would not set precedence in Dublin. Ms. Fraser stated she did not know the number of nursing or care homes in the City because they did not have to go through the City if there were six or fewer occupants. John Doyle, attorney for Iroonet America, stated he would review preliminary issues first. Dr. Kim, the applicant, was also in the audience to answer any questions. Mr. Doyle clarified that there would not be 16 people in the home, there would be 14. The Covenants, Conditions & Restrictions (CC&Rs) for ~ Dublin Ranch Homeowners Association (HOA) had a limitation of two people per bedroom. Regarding the Fair Housing Act (FHA), the purpose of this house was not a boarding house. Under the FHA, the children had familial status. They had agreed to participate in the CUP process. During the Planning Commission meeting, there had been confusion regarding the number of kids in the house. The discussion on having two caretakers outside the walls of the house led to security questions. The HOA had provided a letter with suggested alternative conditions, as well as a limitation of six boarders. They would like the City Council to DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~o~ REGULAR MEETING i~"'~~~ March 17, 2009 ~~ '(~ ~icrroR~ DRAFT ~ ~~g consider approving the CUP with Findings A-F (as outlined in the Staff Report), with the limitation of only having eight boarders in the house. Cm. Biddle asked if Iroonet had community meetings to educate the neighbors. Mr. Doyle stated they sent out notices and held an open house. Since then he had discussions with the HOA's attorney. Mayor Sbranti asked if the boarding house had been open before applying for the CUP. Mr. Doyle stated that it was opened before applying for a CUP. Vm. Hildenbrand asked how many children were there now and how many were there when the CUP process was started. Mr. Doyle stated there were four children living there now and there were ten when the CUP process was started. Cm. Biddle asked about the layout of the house. Mr. Doyle stated there was a loft legally converted to a room. There would be three bedrooms with two children in each, two bedrooms with 1 child in each, and the other bedrooms for the caretakers. Vm. Hildenbrand asked if the CC&Rs allowed two people per bedroom, and asked for confirmation that although the applicant would be allowed to have more people in the house, the HOA was asking that. they not have that many people in the house. Mr. Doyle stated his understanding was the HOA did not want to have a CUP boarding house, at all. Acting Planning Manager. Jeff Baker stated there were six bedrooms in the home and pne in the casita. Mr. Doyle reviewed the Findings of Fact on Page 15 of 92 of the Staff Report. In response to Finding A, the proposed operation was a residence. The kids that lived- there attended school, a tutoring facility after school, and returned in the evening. On DUBLIN CITY COUNCIL MINUTES 6 VOLUME 28 ~,~ of flr,~ REGULAR MEETING 1~~~,~ March 17, 2009 `~ ~ %f ~%1GI R~ DRAFT 7~~ Saturdays, they went to church and did community service. Sunday was a free day to do a variety of things. The use was consistent with the neighborhood. Tutoring was done offsite. The home was consistent with the surrounding area. The CC&Rs would provide for 14 people to be in the home. In the case of eight children and two caretakers, it was consistent with the uses in the area. In regard to Finding B, there was a finding that the operation of a boarding house would adversely affect the health and safety of persons residing or working in the vicinity. This was based on the safety of the boarders in the home and the number of kids. With two caretakers in the home, not in the casita, it was consistent with any other extended family or group living in the home. Cm. Hart asked if the concern regarding health and safety of persons residing or working in the vicinity meant the kids would not go outside. Mr. Doyle stated the concern that was raised by the Planning Commission was the safety of the kids in the case of a fire or other event that would require emergency response. The point being these kids were in the custodial care of the caretakers. It would be similar to any family living inside a home if they were faced with a fire or an earthquake. Mayor Sbranti stated the difference here would be in the instance of the adults being in the casita and all the kids would be in the house. Was Mr. Doyle saying he would be willing to revisit that? Mr. Doyle stated absolutely. In regard to Finding C, the Planning Commission found the use would be injurious to improvement or property in the neighborhood because of its nature. There were two vans that would be used by the home to drive the kids to and from school. There were three trips, one to school, from school to the tutoring facility and then back home. There was no commerce conducted in the home. It was no different than visits to other homes in the neighborhood. A gardener went once a week. There was a cook that went once a day. Children participating in the Iroonet home were not allowed to operate cars. The use, as submitted, would not be injurious to the property of others in the area. Cm. Biddle stated there. was concern about parking. Would the vans be parked at the house in the garage? Did the kids drive? Mr. Doyle stated the kids did not drive. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ,~o~c>r, REGULAR MEETING 19;~~~~~ March 17, 2009 `~ ~ l// ~c~FOa~ DRAFT & ~ 5~ Mayor Sbranti asked about the trips in regard to the vans and the gardener and cook, etc. Was there a regulation on how many parking spaces were required with this many cars? Ms. Fraser stated the home would require .5 parking spaces per bedroom. Mr. Doyle stated no one else would drive other than the caretakers. The cook would come once in the morning and then leave, the cleaning people came twice a week, and the gardener once a week. Ms. Fraser stated that if the City Council selected the option where Staff would establish additional or revised conditions of approval, or selected the option to allow it as proposed by Iroonet, there were Conditions of Approval that would limit no more than three vehicles at the house at one time, That would include the vans and any vehicle associated with the cook, gardener, or cleaning services. Cm. Biddle asked if the vans came back to the house during the day. Mr. Doyle stated yes. The vans did return to the house after dropping the kids off at school. The Planning Commission had no objections to Finding D. In regard to Finding E, this was a 3,700 square foot home, with six bedrooms. The Building Official stated that it was designed for an infrastructural load of 19. It had an occupancy rating of 19. Mr. Shreeve, Building Official, stated the house was designed for 19 people. However, under the Building Code they had to limit the occupancy load to 16 to be a congregate living facility. As a boarding house under the Building Code, other regulations came into play that could not be met. Mr. Doyle stated that in regard to Findings F and G, a boarding house was a recognized conditional use in a single-family residential area. The assumption was that the use with 12 boarders was more akin to a commercial use than a residential use. They did not agree. Also, the reference that it was not consistent with the General Plan was not correct. The City's Zoning Ordinance contemplated boarding houses being in single family residential areas. The use of the facility as a residence with the reduced number of kids would be entirely consistent with the surrounding uses. Iroonet had a requirement of one caretaker per seven children. With eight children, there would have to be two caretakers to meet their policy. The impacts would be the same as an equal number of renters or family. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~or REGULAR MEETING i~~~~~~ March 17, 2009 ~ '~ %~ 4'1GI ~ DRAFT q~~ Mayor Sbranti stated the Planning Commission referenced noise in terms of number of residents. What was Mr. Doyle's response to that issue? Mr. Doyle responded there were limitations placed in the conditions. There were to be no outside activities after 9:00 p.m. There were a couple layers of coverage. The City had a noise ordinance. The CC&Rs also had rules. The noise issue had been more than adequately addressed. Cm. Hart asked where the caretakers would be sleeping. Mr. Doyle stated in order to address concerns raised, the caretakers would be in the main home. Cm. Hart asked if there would be boarders in the casita. Mr. Doyle stated that with only eight kids, they would not need to have any boarders in the casita. Vm. Hildenbrand asked if both caretakers would now be in the house. Mr. Doyle stated in terms of policing, the casita was intended to be a place for people to stay, but they would create a condition for both caretakers to be inside the main home. Stephanie Hayes, attorney for the Dublin Ranch Homeowners Owners Association (HOA), stated the HOA had submitted an objection to the application and asked that the City Council affirm the resolution and findings that were made by the Planning Commission and adopt Alternative No. 3 as outlined in the Staff Report. Attachment 11 of the Staff Report contained the basis for their objections. The major concerns were that at least three of the required Findings could not be satisfied. Those were Findings A, B and C. The concerns revolved around parking, traffic, and safety. Not just the safety of the boarders, but the area outside of the residence in regard to noise, nuisance and the potential negative impact on the property values of the residences within the development. All of those factors adversely impacted Findings A, B .and C. The HOA did not discount the laudable foreign exchange system the applicant was proposing. The applicant had operated with more than four boarders before they went to the City for the CUP. There had been complaints of increased traffic and noise. Even without driver's licenses, the students might develop friendships with others and have visitors. The home was in a DUBLIN CITY COUNCIL MINUTES 9 VOLUME 28 0~ REGULAR MEETING 19,~~~a~ March 17, 2009 ~ ~,'~~// DRAFT io ~~ court, with limited ingress and egress. There would be increased traffic and potential for accidents. With 8-12 boarders, there would be increased noise and potential loitering. Property values could decrease within the general vicinity of the home. Anyone selling their homes would have to disclose the operation of this type of facility. They noted that there were certain types of facilities protected by statute. They failed to see how this particular operation met this type of protection. The HOA's stance was that they would not like to have a boarding house within their development with five or more boarders. If the City Council saw fit to approve the CUP, the HOA had additional conditions to add. They would want no more than six boarders and two caretakers. They would require one supervisory adult always on the premises. They requested the garage be kept clear enough to always use the driveway before using on-street parking; prohibit loitering in front of the residences, in the court area; no markings on the vans that transported the children; and to have the applicant come back before the Planning Commission every six months to check in and see how things were going. Cm. Biddle asked if the HOA prohibited parking in the driveway or on the street, and did they require residents to park in their garages? Ms. Hayes stated there were no such prohibitions. Mr. Dave Kay, President of the Dublin Ranch HOA, stated the HOA's CC&Rs could only be trumped by a CUP or a ruling by the City Council. They had no complaints with the program Iroonet provided. They felt the boarding house was an inappropriate use in the City's General Plan. The area was zoned R-1. The definition of R-1 did not include a boarding house. They agreed with the Planning Commission that the City Council could not discover and find that the applicant met all the findings. Specifically, in regard to Finding G, the boarding house did not meet the intentions of the district in which it was located. If one looked up the definition of boarding house in the City of Dublin Zoning Ordinance, it stated it was asingle-family dwelling where bedrooms were rented to five or more people and at least one common meal was offered each day. A boarding house was considered to be amulti-family dwelling. As he looked through the guidelines in R-1, he did not see multi-family dwelling and or boarding house listed. So looking at one of the. Findings that must be met to be granted a CUP, the CUP could not be granted. They were also concerned that if this use were granted, it would set a precedence that would fall in other parts of the City and/or their neighborhood. DUBLIN CITY COUNCIL MINUTES io VOLUME 28 ~oe~, REGULAR MEETING a~~~~e~ March 17, 2009 \\ '~ // GcrFOR~~ DRAFT i ~ ~~ Michael Goldstone, Dublin resident, spoke in opposition of the CUP. He stated the area in which the residence was located was not commercially zoned. Victor Miranda, Dublin resident, spoke in opposition of the CUP. He stated there were more than two vans and there were many visitors at the home. Iroonet had been operating the entity since the beginning of last year. He was hesitant in believing they would comply with conditions for the CUP. Nitza Daniel, Dublin resident, spoke in opposition of the CUP. She stated her concerns were the many inconsistencies and credibility of the owners. Noise and parking were going to get out of control very quickly. It was a business. She asked the City Council consider the views of the neighbors and not approve the CUP. Eric Braun, Dublin resident, spoke in opposition of the CUP. This was defined as a business. He had a concern about having only one caretaker in the house at a time. He was also concerned about property values. The residential neighborhood was not designed for this kind of business. Carolina Berschens, Dublin resident, spoke in opposition of the CUP. She stated she had two girls that liked to be outside and she had safety concerns in regard to the boarding house. When they started the. boarding house, Iroonet did not have a permit. During that time, she would see three vans and three or more cars parked, because they brought tutors to the house. She questioned the applicant's credibility. She hoped the CUP would be rejected. Shawn Witherell, Dublin resident, spoke in opposition to the CUP. He stated it was obvious this was afor-profit business. People in the area had purchased in the area because it was asingle-family residence area. If approved, it would open the doors for other uses. He had no issue with the service provided; it was the wrong place. Vm. Hildenbrand stated she received a letter from Carolyn Lequin that she read into the record. "Members of the City Council, we are writing to express our concern for the proposed boarding house at the above referenced location. We are unable to attend the meeting this evening due to our wedding anniversary celebration but would like to convey our objection to bringing such acommercial-based entity to our residential neighborhood. We live two doors up from the house in question, 5468 North Dublin Ranch Drive, and would directly experience an increase in congestion and parking not befitting our present DUBLIN CITY COUNCIL MINUTES i i VOLUME 28 ~~o~ REGULAR MEETING i~~~n~ March 17, 2009 \~ '~ /// ~'1GIFOR DRAFT is ~~ neighborhood environment. Please consider our valid concerns as well as others in the neighborhood in making your final decision. Thank you for your kind assistance in this regard. Sincerely, Carolyn and Jim Lequin." Mayor Sbranti read into the record, comments from Enrico Pasqualini, "Concerned about public safety, parking, use of common area and a public business being operated in a residential neighborhood." Mr. Doyle clarified he had been retained at the beginning of last year to work on this project. When the project came to the knowledge of the City, there were some issues. Once the complaints were made, the process to work the City was .initiated. The notice list they had used to inform residents had been provided by the City. There had been no intent to not give information to interested parties. They had worked with the HOA's attorney regarding conditions. With respect to caretakers, they would have two caretakers in the home. Mayor Sbranti closed the public hearing. Vm. Hildenbrand asked for clarification from Staff. Staff had recommended approval of the CUP, the Planning Commission had made their own findings separate from what Staff had proposed as approval of conditions. In Staff's opinion, it could be approved. Did it meet the City's residential zoning? Ms. Fraser stated with the Conditions of Approval, yes, it could be approved. The Conditions of Approval were listed in the Staff Report as Attachment 1. Cm. Biddle stated in regard to Attachment 2, those were the conditions that included restrictions in regard to the casita, # 18. It also limited the number of people residing in the home to 12. Ms. Fraser stated yes, with no more than 12 residents. Cm. Biddle read from Chapter 8.08, the definition of a boarding house. What they were discussing now was a residence for students. Mayor Sbranti stated he could not accept Alternative 1. He was looking at Alternative 2, 3 or 4. DUBLIN CITY COUNCIL MINUTES 12 VOLUME 28 .~°/~F~ REGULAR MEETING i~~i/~~~~ March 17, 2009 \ ~~'~ i3~~ DRAFT Vm. Hildenbrand stated she agreed with. Mayor Sbranti. Cm. Hart stated one had to be a good neighbor, and right now that was not the case. He could not agree with Findings of Fact A, B, C. He agreed with either Alternative 3 or 4. If the City Council supported Alternative 4, he would like further discussion and provide language to Staff identifying the issues that were noted and clarifying what Mr. Doyle had stated in regard to the applicant as to the number of kids that would be on site. He was concerned about the safety of the children and the neighborhood. Vm. Hildenbrand stated Alternative 2 could be modified with direction to Staff. Alternative 2 did try to address the concerns of the Planning Commission and the residents and modify it. According to Staff, .the City's General Plan stated this was an allowable use. There were childcare facilities in the City that had more traffic coming and going all day long. This did not necessarily set precedence. It was just a different use. Did the City do a traffic analysis of the home? Mr. Lander, City Engineer, stated the City looked at the comparison of the anticipated parking needs for the site compared to that for asingle-family dwelling. They reviewed it with the assumption of two caretakers and the students, with the requirement that one of the garage spaces be left open at all times for parking both vans, and either the cook, the caretaker or the gardener could park on site at a time. Vm. Hildenbrand asked if there was additional traffic due to the family members of the caretakers. Mr. Lander stated that was correct. The traffic report did not consider the two children living there in addition to the caretakers and boarders. They would also require trips for coming and going. Cm. Biddle stated this was not more of a traffic concern than other neighborhoods, and that it was not much different than a typical household. Mayor Sbranti stated in order to approve the CUP, the .City Council had to make all the Findings. It was hard for him to make all of the seven Findings. Noise was a big issue. What would it look like on a day other than a school day? He was not sure if all the concerns had been addressed to meet every requirement of Findings within the CUP. DUBLIN CITY COUNCIL MINUTES i3 VOLUME 28 G,~or~, REGULAR MEETING ~9'~~~'~ March 17, 2009 \\\ '~ /% Gc~~oR~ DRAFT ~~ ~5a Cm. Hildenbrand stated when individuals came to the City to have day care facilities increase their size, the neighbors would say the traffic and the noise were going to be issues. The City Council had consistently sided with the day care facility because they saw a need in the community. She did realize this was not the same business. The City Council would say that the noise was at a time when the noise was normal for a neighborhood. When they spoke about the noise level, it appeared with the kids' schedule, they were not even home half as much as a typical student in the neighborhood. Cm. Hart stated his concern was Finding E, the type and area was the wrong location for this kind of establishment. The volume was going to be problematic when it came to the number of students. If they lowered it to the number of students that took it out of the hands of the City Council, it might work. Cm. Biddle stated the same restrictions would apply to a house .next door if they also had that many kids. There was concern about the facility starting without a permit, and whether they would comply with the conditions. Could Staff address how conditions on a CUP were enforced? Ms. Fraser stated that any conditions adopted as part of a permit, the City could enforce if a complaint was received. Staff could investigate or if Staff were to see something, they would go out and conduct further investigation. City Staff would remind them of their conditions. If there were any issues, the City could bring it back to the decision making body for revocation. Cm. Hart stated Alternative 2 still required the City Council to adopt Findings of Fact. He had difficultly with Findings of Fact A, B and C, at a minimum. So that would eliminate Alternative 2. He asked for assistance from Staff to craft Alternative 4, and not have the house under its purview. Mayor Sbranti stated that would essentially be affirming the Planning Commission's decision. Cm. Hart stated the Staff Report was thorough due to the time put in by the Planning Commission and Staff. DUBLIN CITY COUNCIL MINUTES i4 VOLUME 28 ~oFOr,~ REGULAR MEETING i~"'~~si March 17, 2009 \ ~1'~' /// DRAFT 15 c~ Cm. Biddle stated he did not want to give up on Alternative 2. It had conditions with which the City Council seemed to agree. Only No. 21 had not been decided: how many people to permit. They were speaking about no more than 12. Cm. Hart stated the problem with doing that was they had to find Fact with Findings A-G, In addition to those specific condition outlined by Staff in the Staff Report. Cm. Biddle asked how many people would be approved to live at the house. Vm. Hildenbrand stated City Staff recommended approval of the CUP. The Planning Commission became social planners and took it to a level that was not necessarily in their purview. The Planning Commission was here to uphold the City's Land Use Policies and provide direction. The City Council should be having. the discussion the Planning Commission had. She disagreed with the Planning Commission being able to find only one Finding. She had a hard time approving Alternative 3. She did not agree all but one Finding was found. Mayor Sbranti stated that it was the Planning Commission's purview to go through the seven findings. As he went through their logic, he had trouble finding all seven and the City Council needed all seven to approve this. He would affirm the Planning Commission's decision or look at Alternative 4. Vm. Hildenbrand stated she did not agree on the Planning Commission's questioning, such as kids sneaking out of the residence. They took it to a social level to come up with their findings. City Attorney John Bakker stated that if there was atie-vote, it would affirm the Planning Commission's decision. Since there were only four City Councilmembers in attendance, the City Council could choose to continue the hearing to the next meeting when there would be five votes and break a possible tie. Or there could be a temporary conditional use permit for one school year, with the number of boarders the City Council deemed appropriate. The applicant had stated they were willing to lower the number of boarders to eight and two caretakers. In addition, the applicant had agreed to additional conditions proposed by the HOA. The City Council needed to distinguish between this particular use and other similar uses in the area. How were they different? If the City Council chose to bring back a denial resolution, they could provide Staff direction about what in particular they had concerns and why they could not make the findings. DUBLIN CITY COUNCIL MINUTES is VOLUME 28 ~~ F REGULAR MEETING i~"'~~az March 17, 2009 \\\~~'(~ /// -~ ~t ~~ DRAFT Cm. Biddle stated he disagreed with the concept of reducing the number of boarders to below four and have the issue go away. It was the City Council's responsibility to keep it in the City's purview. He was hoping to come up with an option to see it work. The approval of one year at a time seemed reasonable, with eight students. City Manager Joni Pattillo stated that the HOA had proposed six boarders and two caretakers in the residence. Mayor Sbranti stated he would not go with more than six boarders and a temporary CUP for one year, with the conditions as they were drafted. Vm.Hildenbrand stated she agreed with Mayor Sbranti. She did not think the number of boarders should be 10. If there was a compromise they could find, that would be great. Cm. Hart stated he could go with six boarders, but he had a problem with adopting a Finding of Fact to grant the CUP. Mr. Cremin stated that if the City Council went with Alternative 2, it could be modified to change the number of boarders to six and two caretakers. In doing that, the City would have to make all the findings that were required. Mayor Sbranti asked Staff if the HOA's proposed conditions could be added to the Conditions of Approval. Mr. Cremin stated yes, the City Council could give that direction. The motion would include any modifications to the proposal in the Staff Report as part of that motion. It could be additional conditions or modifications to the conditions. Vm. Hildenbrand stated the HOA was proposing additional requirements on noise, loitering and traffic. Had the HOA spoken to the residents about this? Ms. Hayes stated the HOA had not spoken to all 844 members. The Board recognized the possibility of approval of the CUP. The Board had a difficult time reaching a common ground. They had tried to state its position as only four boarders, plus two caretakers which was what they were legally allowed to do without a CUP. But if the City Council saw fit. to approve the CUP, the Board could not see how more than six boarders would DUBLIN CITY COUNCIL MINUTES i6 VOLUME 28 l,~o~Dr, REGULAR MEETING i~"'~~s~z March 17, 2009 ~ ~ '~' lJ DRAFT i7~~8 satisfy the findings. The members of the HOA felt they had not been consulted on the proposed conditions. The Board would have to take a position. Vm. Hildenbrand asked if the HOA had notified all the members of the HOA. Ms. Hayes stated the subject had been discussed at Board meetings. There had been communication with owners within the general area. She had personally spoken to individual members. Mayor Sbranti stated if the City Council were to go with Alternative 3 and deny the CUP, the City Council would have no control. He could not approve more than six boarders. Six boarders with conditions, was better than four without conditions. City Manager Pattillo stated that Pages 84 through 92, included a letter from the HOA's law firm. She wanted to be very clear on any additional conditions. They could approve a hybrid of Alternative 2 as outlined in the Staff Report. On Pages 87-88 were the HOA's proposed additional conditions. Vm. Hildenbrand asked Ms. Hayes about HOA Condition #5, regarding playing or loitering in front of the residence or in the court. Would the boarders be prohibited from riding their bikes in the court? Ms. Hayes stated that was a condition to address the public safety issues in the court. They could fine tune that condition with the City Attorney. Mayor Sbranti stated the language in Condition #5 was strong. There were already elements of noise and hours in the City's proposed Conditions of Approval. Cm. Hart stated Condition # 5 should be struck. Mayor Sbranti stated, yes, strike Condition #5 and keep the other six proposed HOA conditions, in addition to the City's Conditions of Approval, and approve Alternative 2 with the caveat that the boarders be limited to six. Vm. Hildenbrand stated that she was in agreement with the Mayor's previously stated compromise. DUBLIN CITY COUNCIL MINUTES 1~ VOLUME 28 ~~ of r REGULAR MEETING ;~"~~~~ March 17, 2009 ~ ~~ /~ ta~~ DRAFT Ms. Fraser stated that Staff's recommendation was that the CUP come back for review before the end of the school year. City Attorney Bakker stated the CUP could end at the end of the school year so the children would not have to find alternate housing. Mayor Sbranti stated the CUP could be reviewed in a year, which would be next March. If it were to terminate, it would terminate at the end of the school year. Mr. Bakker stated that the Conditions stated the CUP would be reviewed by the Planning Commission. It seemed the City Council would like to be the reviewing body. On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz Absent), the City adopted Alternative 2 as outlined in the Staff report with modifications to include no more than six boarders and two caretakers, in addition to the Conditions outlined by the Planning Department; and additional conditions 1-4 and 6 & 7 as proposed by the HOA (as outlined on Pages 87 and 89 of the Staff Report), with the CUP returning for City Council review as a Public Hearing item in March of 2010, with an expiration date in June, if an extension was denied. Springfield Montessori School -CEQA Addendum, Stage 2 Planned Development Rezone and Development Agreement to Construct a 16,002 Square Foot Building and Related Site Improvements (PA 08-038) 9:41 p.m. 6.2 (400-20/450-30/410-30/600-60) Mayor Sbranti opened the public hearing. Senior Planner Erica Fraser presented the Staff Report and advised that the applicant, VSS Holdings, L.L.C., was requesting approval of a Planned Development Rezone with associated Stage 2 Development Plan, a Development Agreement, and an addendum to the Eastern Dublin Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA) to allow the construction of a 16,002 square-foot daycare building with playground and related improvements, and the operation of a daycare on the site. DUBLIN CITY COUNCIL MINUTES i8 VOLUME 28 G~,~ of cN, A REGULAR MEETING 19,~~~~~ March 17, 2009 ~~ I'~ /~ iq ~~g DRAFT Cm. Biddle stated he had visited the site and was concerned about the elevation. There were nearby houses where the tops of their roof were no higher than ground level of the school. Were there any noise or sight problems in this particular area? Ms. Fraser stated it was very minimal. That issue had been reviewed by the Planning Commission. The Conditional Use Permit limited the number of children that could be outside at any one time to 24. The playground was no closer than 100 feet at any point from the property line of the residences. With the school program pick-up, there were staggered pickup and drop off times. Cm. Biddle asked about landscaping on the slope. Ms. Fraser stated there would be drought resistance landscaping on that area. Katherine Fritz, Dublin resident, stated that when she bought her property, she was told the land behind her would remain open space. The school would add almost 400+ cars a day to the street behind her. A Montessori School did not reflect what the community needed, as far as cost was concerned. Saeed Khan, representative of the neighboring. property to the proposed Montessori School, stated that they concurred with the City's recommendation of approval. However, they objected to landscape elements planned for the joint access easement between the two lots. He requested the easement be kept clear of landscaping. Ms. Fraser stated the landscaping could be placed now, but it would be removed once there were plans for the other property. Mayor Sbranti stated Mr. Khan's concern had been heard and was being addressed. There would be landscaping at this time for the aesthetic nature of the property. Once the other property owner was prepared to move forward, the landscaping would be cleared so the property owner would have access. Shashi Ral, Director of Montessori School in Walnut Creek, stated Springfield had completed a needs assessment and looked into aspects of marketing and determined there was a need for such services. She looked forward to being in Dublin. She would be willing to address any concerns the neighbors might have. DUBLIN CITY COUNCIL MINUTES i9 VOLUME 28 ~~orz REGULAR MEETING l 1~~~ March 17, 2009 ~\ '~ /~ ~~trFO~ ~~~ DRAFT Mayor Sbranti asked what was the monthly cost of attendance at the school. Ms. Ral stated it varied. There was a three day program for children 9-12 years old, with a maximum cost of $1,375. Vm. Hildenbrand stated that it was a well valued type of child care and early education program. Cm. Biddle asked what was the project schedule. Rajan Lal, Project Manager, stated they had submitted their request for bids to the contractors and were waiting for responses later this month. They would then decide on the contractor and move forward. They had already submitted their construction documents to the Planning Department for review and approval. They would like to start construction in May or June of this year and it would take eight months to complete the school. It would open in the fall of 2010. Vm. Hildenbrand stated there was a need for more day care in the City. This property was zoned appropriately. It was unfortunate that incorrect information was provided to prospective home buyers. She fully supported this project. The City Council agreed this was a good use of public/semi-public land. Mayor Sbranti closed the public hearing. On motion of Cm. Biddle, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the Council adopted RESOLUTION N0.30 - 09 APPROVING A CEQA ADDENDUM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR A STAGE 2 PLANNED DEVELOPMENT REZONE AND SITE DEVELOPMENT REVIEW FOR THE SPRINGFIELD MONTESSORI SCHOOL LOCATED AT THE CORNER OF KOHNEN WAY AND BRANNIGAN STREET IN AREA F OF DUBLIN RANCH (APN 985-0052-022 AND 985-0052-023) PA 08-038 DUBLIN CITY COUNCIL MINUTES 20 VOLUME 28 ~oF REGULAR MEETING i9r~='G~~~~ March 17, 2009 \ ~,'~ ~/~ DRAFT a, ~~ and waived the reading and introduced an Ordinance Approving a PD Planned Development Rezone with Stage 2 Development Plan for the Springfield Montessori School Located at the Corner of Kohnen Way and Brannigan Street in Area F of Dublin Ranch (APN 985-0052-022 and 985-0052-023) PA 08-038; and waived the reading and introduced an Ordinance Approving a Development Agreement .between the City of Dublin and VSS Holdings, L.L.C. for the Springfield Montessori School Located at the Corner of Kohnen Way and Brannigan Street in Area F of Dublin Ranch (APN 985-0052- 022 and 985-0052-023) PA 08-038. __. Adoption of an Urgency Ordinance Amending Chapter 5.64 of the Dublin Municipal Code Relating to Property Maintenance 10:04 p.m. 6.3 (530-20) Mayor Sbranti opened the public hearing. City Attorney John Bakker presented the Staff Report and advised that the City Council would consider adoption of an Urgency Ordinance Amending Chapter 5.64 of the Dublin Municipal Code Relating to Property Maintenance. The urgency related to the state of the economy and uncertain future need for such an ordinance. Mayor Sbranti closed the public hearing. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the City Council adopted URGENCY ORDINANCE N0.02 - 09 AN URGENCY ORDINANCE AMENDING CHAPTER 5.64 OF THE DUBLIN MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE ~~. DUBLIN CITY COUNCIL MINUTES Zi VOLUME 28 REGULAR MEETING a,~~~~ ~~ March 17, 2009 \~~~~/ as ~~s DRAFT UNFINISHED BUSINESS Update on Pharmaceutical Collection Program with the Dublin San Ramon Services District (DSRSD) 10:07 p.m. 7.1 (1030-30) City Attorney John Bakker presented the Staff Report and advised that this item would provide the City Council with a progress report on activities related to the proposed Pharmaceutical Collection Program with the Dublin San Ramon Services District (DSRSD). Vm. Hildenbrand asked if people could also place containers in the drop-off box. Mr. Bakker stated people could drop the containers off with the drugs. An issue arose because police needed to record from whom they received the drugs and also ask where they received the pharmaceuticals. Mayor Sbranti asked if the City was out of compliance when it had a drop off last October in conjunction with Dublin San Ramon Services District. Mr. Bakker stated the City may have been out of compliance but a Police Officer was present at the drop-off at Dublin San Ramon Service District. The City Council asked that Staff monitor the situation and keep the City Council informed on any changes. Cm. Hart stated there were a tremendous amount of pharmaceuticals of which to dispose. This issue needed to be monitored. The City Council received the report. DUBLIN CITY COUNCIL MINUTES Za VOLUME 28 ~~ o~ ~ REGULAR MEETING 1~~~~~ March 17, 2009 ~\ '~ r~oe~~ a3 ~ 5g DRAFT Final Revisions to the City of Dublin's Mission, Vision, and Values and 10-Year Strategic Plan 10:16 p.m. 7.2 (100-80) City Manager Joni Pattillo presented the Staff Report and advised that the City Council requested minor modifications to the proposed revisions to the Mission, Vision and Values, as well as the 10-Year Strategic Plan following the March 3, 2009 meeting. This item incorporated those requested changes. Mayor Sbranti stated in the Vision Statement, the second paragraph should have an extra «of~ On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote (Cm. Scholz absent), the City Council approved the final revisions to the City's Mission, Vision and Values, as well as the 10-Year Strategic Plan. P------- .~°° Potential Projects for the East Bay Regional Park District Measure WW Local Grant Program 10:20 p.m. 7.3 (600.40) Director of Parks and Community Services Diane Lowart presented the Staff Report and advised that the application period for the Measure WW Local Grant Program was February 1, 2009, through March 31, 2009. The City Council would consider potential projects for application during this funding cycle. Cm. Hart asked if there was a reason why all the money was not allocated to Fallon Sports Park instead of a portion being allocated for the Dublin Sports Grounds. Ms. Lowart stated the reason why Staff had only recommended the synthetic turf at Fallon Sports Park was because ultimately, under the Public Facilities Fee Program, it was funded 100% with the exception of the synthetic turf fields. The two areas for renovation at the Dublin Sports Grounds had not been completed in the past. DUBLIN CITY COUNCIL MINUTES Zs VOLUME 28 ~~oro~ REGULAR MEETING ' ~~~ March 17, 2009 ~~ '~' /// G1G1 R~ a~~~ DRAFT Cm. Biddle asked why the City was not requesting the entire amount of funding. Ms. Lowart stated that there was aten-year period in which the City could request any remaining funds for another project. Mayor Sbranti asked if the City received these funds, how would this impact the bottom line for funding of Fallon Sports Park. Ms. Cowart, stated one of the options in Item 8.5 dealing with Fallon Sports Park was to fund the synthetic turf with General Fund monies. But the City would not know until the end of May if the funds from Measure WW would be received. On motion of Vm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz absent), the City Council authorized Staff to submit Project Applications to the East Bay Regional Park District for .Measure WW Local Grant Program for Fallon Sports Park Synthetic Turf ($1,123,610) and Dublin Sports Grounds Area 2 ($887,870). Determination of How the Fiscal Year 2007-2008 General Fund Surplus Should be Desi ng ated 10:28 p.m. 7.4 (310-30) City Manager Joni Pattillo presented the Staff Report and advised that the City of Dublin had compiled and published its Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 2008. A follow-up to this was the allocation of additional contributions to General Fund Reserves. Staff had prepared a recommended designation for consideration by the City Council. Mayor Sbranti stated it was important to note that the City was not committing one time surpluses from 2007-2008 into on-going expenses. Using the surplus to balance the budget and set some aside for specific uses was a good idea. On motion of Cm. Hart ,seconded by Cm. Biddle and by unanimous vote (Cm. Scholz absent), the City Council determined the 2007-2008 Year-End General Fund surplus should be designated with $3.2 million increase in the Economic Uncertainty Fund, establish a $1 million reserve to continue indoor portion of Aquatic Center, increase DUBLIN CITY COUNCIL MINUTES 2a VOLUME 28 ~,~oFDr,~ REGULAR MEETING 1~~~~~ March 17, 2009 \` '~ ~wFOt~~ as~ ~ DRAFT Reserve by $250,000 for unfunded liability for Fire Retiree Medical obligation, and establish a $250,000 reserve for the East Bay Emergency Communication Project; and directed Staff to record the items in the City Financial records. NEW BUSINESS Future Use of the Emerald Glen Activity Center Buildings 10:36 p.m. 8.1 (215-20) Assistant Director of Parks & Community .Services Paul McCreary presented the Staff Report and advised that the City Council would consider alternatives for the future use of the Emerald Glen Activity Center which comprised two modular buildings in Emerald Glen Park. Following closure of the Shannon Community Center in 2004, these buildings were installed to serve as interim facilities for classes and programs until the new Shannon Community Center .was built.. The City Council discussed the suggested use for one of the modular buildings as a child care center and the benefits of having such as center on the east side of the City for the residents in the area. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote (Cm. Scholz absent), the City Council directed Staff to discontinue leasing Building "B" after August 2009. Use of Shannon Community .Center for Dublin Unified School District Events 10:43 p.m. 8.2 (210-20) Assistant Director of Park & Community Services Paul McCreary presented the Staff Report and advised that the City Council would consider requests from the Dublin Unified School District to utilize the Shannon Community Center prior to June 1, 2009, which was the date established to begin community use of the facility. DUBLIN CITY COUNCIL MINUTES as VOLUME 28 ~o~~ REGULAR MEETING i ~~~~,u March 17, 2009 `~ '~' /~ ~FOU~ a6~~ DST Vm. Hildenbrand asked why the schools had not rented the Senior Center. Mayor Sbranti stated the Senior Center was too small. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the City Council authorized use of the Shannon Community Center for Dublin Unified School District sponsored events beginning in May 2009, provided that the events were in accordance with the rules, regulations and procedures established by the Shannon Community Center Facility Use Policy. Update on Municipal Regional Permit for Stormwater and Adoption of Resolution Approving Submittal of Comment Letter to the San Francisco Bay Regional Water Quality Control Board 10:45 p.m. 8.3 (1000-60) City Engineer Mark Lander presented the Staff Report and advised that the new proposed Municipal Regional Permit for Stormwater would be presented to the City Council, together with potential impacts to various aspects of the City's operations. The City Council and Staff discussed the importance of the. letter. The San Francisco Bay Regional Water Quality Control Board (Board) was adding General Fund costs with very marginal benefit. The Board had made some modifications but the City needed to monitor the issue. On motion of Vm. Hildenbrand, seconded by Cm. Hart and by unanimous vote (Cm. Scholz absent), the City Council adopted RESOLUTION N0.31 - 09 APPROVING A LETTER TO THE SAN FRANCISCO BAY REGIONAL WATER QUALITY CONTROL BOARD OUTLINING CONCERNS WITH THE PROPOSED MUNICIPAL REGIONAL PERMIT FOR STORMWATER AND REQUESTING MODIFICATIONS TO THE PERMIT DUBLIN CITY COUNCIL MINUTES a6 VOLUME 28 G~~o~ REGULAR MEETING a,~~~~~ March 17, 2009 ~~ ~~~~ a7~~s DRAFT Fiscal Year (FY) 2008-09 Mid-Year Budget Review and December 2008 Monthly Report of Financial Activities 10:50 p.m. 8.4 (330-50) Administrative Services Director Paul Rankin presented the Staff Report and advised that Staff has prepared a detailed Mid-Year Budget Review to identify any material deviations from the adopted Fiscal Year 2008-2009 Budget. The primary focus of the report was on the General Fund, which accounted for the majority of City operations. Staff had identified proposed adjustments to Revenues .and Expenditures, which reflected significant revenue reductions, particularly in taxes. Some of these declines had been offset reductions in expenditures. In order to balance General Fund spending, an allocation of one-time reserves was proposed to offset capital expenditures. This item also provided the report of the financial statements for the month of December 2008. City Manager Pattillo stated employees had been kept up-to-date on the City's current budgetary situation. On motion of Cm. Hart, seconded by Cm. Biddle and by unanimous vote (Cm. Scholz absent), the City Council approved the Budget Changes, and approved the appropriation from the Economic Uncertainty Reserve to balance projected General Fund revenues and one-time capital expenditures. Fallon Sports Park Phase, Contract No. 09-02 -Award of Contract 11:02 p.m. 8.5 (600-30) Director of Parks & Community .Services Diane Lowart and Administrative Services Director Paul Rankin presented the Staff Report and advised that ten bids were received for the Fallon Sports Park Phase I proj ect. The City Council would consider whether to award the bid to the apparent low bidder, Robert A. Bothman, and whether to include any of the alternates. Cm. Biddle asked were there any contracts in progress in regard to Emerald Glen Park. DUBLIN CITY COUNCIL MINUTES a~ VOLUME 28 G~~o~ REGULAR MEETING 19,~~~~~ March 17, 2009 ~\ '~" G1GIPOR as ~ 5g DRAFT Mr. Rankin stated the City Council had selected the architectural and design team. They had conducted one public meeting to begin scoping and getting public input on the overall project. City Manager Pattillo stated this was a natural break if the City Council wanted to take that pause on Emerald Glen. The public input portion would not be lost. Cm. Hart asked what was the net financial impact of stopping now. Mayor Sbranti stated it would be $1.6 million. The work completed on Emerald Glen would not be lost. The good work already completed would be available when the opportunity presented itself. By consensus, the City Council determined there was interest in awarding a contract and proceeding with Phase I of Fallon Sports Park. On motion of Cm. Hart, seconded by Vm. Hildenbrand and by unanimous vote (Cm. Scholz absent), the City Council: 1) Awarded Contract No. 9-02 for Fallon Sports Park Phase I, base bid, with Alternates 3-6, and directed Staff to delay additional work. on the Emerald Glen Recreation and Aquatic Center; authorized Staff to loan funds if necessary from the General Fund to the Public Facility Fee Fund with interest; and adopted RESOLUTION N0.32 - 09 AWARDING CONTRACT N0.09-02 FALCON SPORTS PARK PHASE ONE (BASE BID AND ALTERNATES 3-6 ~-' 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) 11:28 p.m. City Manager Pattillo stated that when Economic Recovery opportunities arose, the City was taking advantage. The City was actively pursing those opportunities. DUBLIN CITY COUNCIL MINUTES 2s VOLUME 28 ~~ o~ REGULAR MEETING ~~~~"~ March 17, 2009 ~\ '~ ~''1LI DRAFT ~~~ Cm. Hart stated the St. Patrick's Day Festival and parade was very well planned. and organized. He had attended a City of Dublin -Dublin Unified School District Liaison Committee meeting. Cm. Biddle stated he had attended the Alameda County Mayors Conference at the. new Shannon Center. Vm. Hildenbrand stated she had attended the California Park and Recreation Society award banquet, the Alameda County Mayors Conference, the St. Patrick's Day events. The League of California Cities Bocce Ball tournament would be held on Thursday, as well as an Association of Bay Area Governments meeting. Mayor Sbranti stated the Staff did a great job on the St. Patrick's Day events. They were not just City events, but community-wide events; he had attended the Alameda County Mayors Conference, the Congestion Management Association meeting, and the Tri-Valley Transportation Council meeting. ADJOURNMENT 10.1 There being no further business to come before the Council, the meeting was adjourned at 11:33 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk Mayor ATTEST: City Clerk w -~, DUBLIN CITY COUNCIL MINUTES a9 VOLUME 28 ~ REGULAR MEETING 19,` _~ March 17, 2009 \~ /