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HomeMy WebLinkAboutItem 4.1 Draft 11-15-2011 Min~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL CITY CLERK File # 610-10 December 6, 2011 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' Minutes of Regular City Council Meeting of November 15, 2011 Prepared by Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: The City Council will consider the approval of the minutes of the Regular City Council Meeting of November 15, 2011. FINANCIAL IMPACT: None. RECOMMENDATION: Approve the minutes of the Regular City Council Meeting of November 15, 2011. ~~ y ~ ° F, ~ ~,;x ..~ ~~,.~_ .. ~. - ~.a~... ~, (, ~I, ~ ~.. ~ ~~ ~ .~ Submitted By City Clerk DESCRIPTION: Reviewed By Assistant City Manager The City Council will consider the approval of the minutes of the Regular City Council Meeting of November 15, 2011. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Meeting Minutes of November 15, 2011 City Council Meeting Page 1 of 1 ITEM NO. 4.1 DRAFT Or' DU~~r~ MINUTES OF THE CITY COUNCIL `,` OF THE CITY OF DUBLIN ~~ ~~ 8'Z ~ ~ l/ REGULAR MEETING NOVEMBER 15, 2011 'r\ ~- CLOSED SESSION Cm. Hildenbrand was not in attendance at the beginning of Closed Session. A closed session was held at 6:31 p.m., regarding: 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 II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3240 Maguire Way, #303 Agency negotiators: Joni Pattillo, City Manager and John Bakker, Negotiating party: Kenneth Seto Under negotiation: Price and terms of payment III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3290 Maguire Way, #322 Agency negotiators: Joni Pattillo, City Manager and John Bakker, Negotiating party: McKay Colovich Under negotiation: Price and terms of payment Cm. Hildenbrand arrived during Closed Session. City Attorney City Attorney A regular meeting of the Dublin City Council was held on Tuesday, November 15, 2011, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7°03°34 by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ORAL COMMUNICATIONS "National Family Week" Proclamation 7°04°13 3.1 610-50 The City Council presented a proclamation regarding National Family Week, November 20 - 26, 2011. ....,,r Recognition of StopWaste Partnership Business Efficiency Awards to Dublin Corporate Center 7°05°56 3.2 470-70 Economic Development Director/Public Information Officer Linda Smith presented the Staff Report and advised that the City Council would recognize Dublin Corporate Center for receiving the StopWaste Partnership Business Efficiency Award. The City Council presented a Certification of Recognition to the Dublin Corporate Center for receiving the StopWaste Partnership Business Efficiency Award. 2011 Business Anniversary Awards 7°03°22 3.3 470-70 Economic Development Director/Public Information Officer Linda Smith presented the Staff Report and advised that the City Council would recognize those businesses that had been in Dublin 20, 25, 30, 35, 40, 45, and 50 years. DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. 2 DRAFT The City Council recognized those businesses that had been in Dublin 20, 25, 30, 35, 40, 45, and 50 years. Public Comments 7°13°13 3.4 No comments were made by any member of the public at this time. f CONSENT CALENDAR 7e 13°26 Items 4.1 through 4.11 On motion of Vm. Hart, seconded by Cm. Hildenbrand and by unanimous vote, the City Council took the following actions: Approved (4.1) Minutes of Special City Council Meeting of October 24, 2011 and Regular City Council Meeting of November 1, 2011; Adopted (4.2 600-60) RESOLUTION NO. 186 - 11 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8081, NEIGHBORHOOD D-1, POSITANO/ FALCON VILLAGE RESOLUTION NO. 187 - 11 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8081, NEIGHBORHOOD D-1 POSITANO/ FALCON VILLAGE RESOLUTION NO. 188 - 11 ACCEPTING PARK LAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8081, NEIGHBORHOOD D-1, POSITANO /FALCON VILLAGE DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. 3 DRAFT Adopted (4.3 300-20) RESOLUTION NO. 189 - 11 ESTABLISHING THE POLICY FOR THE APPROVAL AND RATIFICATION OF CITY PAYMENTS Received (4.4 320-20) the Quarterly Investment Report. Adopted (4.5 600-60) RESOLUTION NO. 190 -11 APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8082, NEIGHBORHOOD D-2, POSITANO/ FALCON VILLAGE RESOLUTION NO. 191 - 11 APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8082, NEIGHBORHOOD D-2 POSITANO/ FALCON VILLAGE RESOLUTION NO. 192 - 11 ACCEPTING PARK LAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8082, K. Hovnanian (NEIGHBORHOOD D-2, POSITANO /FALCON VILLAGE) Adopted (4.6 600-30) RESOLUTION NO. 193 - 11 APPROVING AGREEMENT WITH PAGE + MORIS FOR THE DUBLIN LIBRARY BUILDING PROGRAM UPDATE and approved the Budget Change. Adopted (4.7 600-40) RESOLUTION NO. 194 - 11 CONFIRMING CITY OF DUBLIN PARTICIPATION IN THE "AVOID THE 21" DUI CAMPAIGN GRANT ADMINISTERED BY LIVERMORE POLICE DEPARTMENT (#AL2210) DUBLIN CITY COUNCIL MINUTES 4 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Adopted (4.8 600-40) RESOLUTION NO. 195 - 11 APPROVING THE JOINT POWERS AGREEMENT TO ESTABLISH THE BAY AREA REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (BayRICS) AUTHORITY Adopted (4.9 600-35) RESOLUTION NO. 196 - 11 AWARDING CONTRACT NO. 11-11 PARK LIGHTING REPLACEMENT TO BAHIA ELECTRIC and approved the Budget Change. Received (4.10 330-50) the reports as authorized by Section 41004 of the California Government Code. Approved (4.11 300-40) Check Issuance Reports and Electronic Funds Transfers. WRITTEN COMMUNICATIONS -None ....,,r PUBLIC HEARINGS Appeal of Planning Commission Approval of the Montessori Plus Day Care Center Conditional Use Permit and Site Development Review 7°14°00 6.1 (410-30) Mayor Sbranti opened the public hearing. Principal Planner Kristi Bascom presented the Staff Report and advised that the City Council would consider an appeal of the Planning Commission's approval of a Conditional Use Permit for the operation of Montessori Plus, a Day Care Center with up to 60 children, and of a related Site Development Review for the establishment of an outdoor play area. The proposed Day Care Center would be located in a single-story building located at 11900 Silvergate Drive, at the northwest corner of Silvergate Drive and Dublin Green Drive. Vm. Hart asked if Staff could point out the play area on the map. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Ms. Bascom showed the play area on the map. Presently, the play area included landscaping and trees. Vm. Hart asked about the distance from the side of one the adjacent houses to the play area. Ms. Bascom stated the distance was in excess of 40 feet. The City's smoking requirement required a minimum of 20 feet. Vm. Hart asked if the entire building would house the school only, and how much modification would be completed on the building. Ms. Bascom stated the day care center would take up about three quarters of the building and the rest would be for storage of day care items. There would be no other business in the building. They would not be making a lot of changes, but they would need to come in for tenant improvements. Mayor Sbranti asked if the play area backed up to any houses. Ms. Bascom stated no since the play area was adjacent to a sidewalk. Mayor Sbranti asked what type of fence was between the play area and Dublin Green Drive. Ms. Bascom stated there would be a low retaining wall with a tubular steel fence on top of it. It was typical of what was seen in regard to enclosed play areas. It would be added later and would be about 6 feet high. Mayor Sbranti asked how strict was the condition of approval regarding having only one business at the building. He asked what limitations were in place. Ms. Bascom stated the conditions specified that they could only care for up to 60 children. If they wanted to care for more than 60, then they would have to come in to the City and amend their Conditional Use Permit. Parking requirements and traffic impacts of the day care center were determined on the number of children licensed for attendance. For the purposes of those items, regardless of the square footage used, the traffic and parking impacts would be the same. They were only a certain square footage proportion of the building. Condition No. 3 did state that the remaining area would remain vacant or be used for storage. Vm. Hart asked where 60, the number of children, came from. Ms. Bascom stated it came from the applicant. That was the number permitted at their existing day care center. The applicant might be able to explain the reasoning behind that number. Mayor Sbranti asked what"affirm in part" meant in regard to the appeal. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT City Attorney Bakker stated "affirm in part" could be adding a condition, or altering the approved hours of operation, something like that would be partial granting of the appeal. Mayor Sbranti asked the City Councilmembers to disclose any ex parte contacts in regard to the appeal. Cm. Swalwell stated he received emails from John and Cynthia Santos, Candace and Jerry Kinnaman, Kimberley and Eric Baird, Evelyn Quijano, Mary and Renick Leoni, Jose Rivera, Dave Henry, Rudy and Kely Nunez, Lori Martin, Audrey Hutchinson, and project applicants Rupa Narain and Ada Wong. Cm. Hildenbrand stated she had also received emails from the same people listed by Cm. Swalwell. Vm. Hart stated he could only assume he received the same emails as Cms. Swalwell and Hildenbrand, but had not had a chance to read them except for the first one. Cm. Biddle stated he also received the same emails as Cms. Swalwell and Hildenbrand. He had also visited the site. Mayor Sbranti stated he visited the siteand received the same emails as the other City Councilmembers but did not have time to read some of them. He spoke briefly to the applicant after the Planning Commission hearing, and spoke to some of the neighbors before the first Planning Commission meeting. Cm. Swalwell added that he had visited the site. Rupa Narain and Ada Wong, project applicants, stated they were co-owners and administrators of the school. They were currently located at the Lamps Plus Plaza, 7238 San Ramon Road in Dublin. They had been teaching for over 50 years, combined, in pre-schools in the Dublin area. They opened their school 13 years ago in Dublin. Their existing capacity was 60 children and they had managed that number very well without any issues with their neighbors or landlord. They had provided a safe and secure environment and parents had been very supportive. That was why they proposed 60 children. They were comfortable with that number of children. The other part of the building, not used for the day care, would be for storage only. Howard Wong, project applicant's husband, provided a quick overview of the proposal for the new location at 11900 Silvergate Drive. Mr. Wong indicated that they had addressed the City's conditions from the previous Planning Commission meetings in July and September. The exterior of the building would remain the same. The landscaping would be replaced by a planned fenced play area. There were sufficient parking spaces, greater than 20, as required by the City. There would only be minor structural modification to the interior of the building. There would be some walls taken down and ADA modifications, including a wheelchair lift and ramp. He discussed traffic and parking issues. DUBLIN CITY COUNCIL MINUTES 7 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Mayor Sbranti asked how many children attended their present day care location. Mr. Wong stated there were 30 to 40 children right now. It did fluctuate. Cm. Biddle stated, in regard to the drop offs as shown in the applicant's presentation, the maximum at any half hour period was about 20. Mr. Wong stated that was correct and they also encouraged carpooling. Cm. Biddle asked how long the pickup process took. Mr. Wong stated just a few minutes. Mayor Sbranti asked, in terms of the intervals of drop offs, if school started at 9:00 a.m. Mr. Wong stated the school did start at 9:00 a.m. It was up to the parents what time they picked up the kids. Mayor Sbranti asked, in regard to the licensed number of children, if there were siblings attending the school. Ms. Narain stated there were a couple of siblings and car pools. Kids could come on different days and did not necessarily attend five days a week. Jan Lee, Dublin resident, spoke against the project. Mary Leoni, Dublin resident, spoke against the project. Jose Rivera, Dublin resident, spoke against the project. Audrey Hutchinson, Dublin resident, spoke against the project. Christine, Dublin resident, spoke against the project. She asked about a proposed right-turn only onto Silvergate Drive. That would then require a u-turn on Silvergate Drive. Ms. Bascom stated there was a concern about people exiting the driveway on Silvergate Drive and cutting across Silvergate Drive to make a left turn to return to San Ramon Road. A majority of the patrons would probably be leaving the parking lot from Dublin Green Drive if they wanted to go back to San Ramon Road. Renick Leoni, Dublin resident, stated the stop sign at the corner of Dublin Green Drive and Silvergate Drive was set back and drivers had to pull out to check for traffic. Mayor Sbranti closed the public hearing. DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Cm. Swalwell asked Mr. Bakker if he could speak to the legal issues included in a letter to the City Council received earlier in the day. Mr. Bakker stated there were three or four legal issues raised in the letter. One was a CEQA issue, which Staff did not believe was an issue. Another issue raised was addressed in the Staff Report, regarding what land use category or use type the property was designated. Staff treated it as a day care center and it was an appropriate designation. The last issue raised had to do with the use which occurred outside of the building. The unique aspect about day care centers, by law, is that they were required to have outdoor facilities. Within this zoning district, outdoor activities were generally prohibited, but this zoning district specifically allowed day care. Cm. Swalwell asked how long the zoning district allowed day cares. Mr. Bakker stated he did not know. Ms. Bascom stated she did not know but she had worked in the City since 2002 and there had been no modifications since that time in terms of that issue. Vm. Hart asked Staff to respond to a public comment regarding the stop sign being significantly set back from the intersection of Dublin Green Drive and Silvergate Drive. Traffic Engineer Jaimee Bourgeois stated she did not have information this evening about what that setback distance was at that specific intersection. A couple of considerations would be, even though there was not a marked crosswalk, there was still a need to accommodate pedestrians crossing the street. You would not want the stop line right at the intersection. It would need to be set back to allow that safe space for pedestrians to cross the street. From the picture in the presentation, it was also difficult to tell the location of the ramps and where the pedestrians would be coming off of the sidewalk to cross the street. The crossing line did look far back from the corner and Staff could take a look at it to see if it needed to be moved up. Vm. Hart asked Staff's thoughts about the crosswalk at Dublin Green Drive and across Silvergate Drive. Ms. Bourgeois stated per the California Vehicle Code, at every intersection, there was a legal crosswalk across all lanes at an intersection, marked or not. She would support marking a cross walk across Dublin Green Drive. However, without further analysis, she would not support marking a crosswalk across Silvergate Drive until the City could look at more detailed data, in comparison to industry standards of when a crosswalk should be marked. Mayor Sbranti stated he would like the stop sign looked at, either way the appeal was decided. City Manager Pattillo stated this would be referred to the City's Traffic Safety Committee. It would mean looking at the entire area, not just that one section. Whatever the outcome of the appeal, these traffic safety concerns would be reviewed by the Traffic Safety Committee. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Mayor Sbranti discussed what he believed the issues were in regard to the appeal. There had been a question raised about a school versus a day care. He asked about the threshold of a school versus a day care. Ms. Bascom stated a day care center was defined as any child day care facility that was other than a large family day care home or small family day care home. Essentially, any time you were caring for children offering support, care and guidance, it was a day care facility. A commercial school was defined as a private business, beauty, cooking or trade school of a non- recreational nature. A commercial school tended to be something that offered instruction or training on a particular subject for some duration or time to someone who was paying a fee to attend it to learn a particular skill or trade. All day care schools in Dublin were considered day care facilities by City Staff. Mayor Sbranti asked about the methodology behind the noise study. Ms. Bascom stated the applicant paid for the cost of a noise impact report. The City contacted a consultant who looked at current noise and what a similar sized day care would produce in terms of noise. It was determined that there would not be anything that was beyond what was accepted in a residential setting. Mayor Sbranti asked about a traffic study and what specifically the study looked at. Ms. Bascom stated the traffic engineer reviewed the existing use for the building and compared that to the proposed use to determine what the additional traffic volume was expected to be and then took a look at the surrounding area to understand whether that additional volume would be excessive in terms of what the roadway capacity was, the safety of the road way and how they were configured. They also took a look at the peak hour trip generation to understand if there was going to be anything that was outside of the realm of what would be acceptable for the roadway and its use in the location. Mayor Sbranti asked if, during the peak periods, the circulation was reviewed. Ms. Bourgeois stated it was more of a parking question. Were there enough spaces on site to accommodate the projected number of cars? The pattern in the morning, there was a heavy flow into the neighborhood and in the evening, there was a heavy flow out of the neighborhood. This would coincide with parents dropping off and picking up children. Mayor Sbranti asked what accommodations were being made to address any concerns about driver visibility around the site. Ms. Bascom stated a small number of people would be exiting onto Silvergate Drive. Most drivers would be using Dublin Green Drive. It was a small driveway so people would be going slow out the exit. Mayor Sbranti asked about the aesthetics of the fence and the building. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Ms. Bascom stated the building was wood siding and there were no proposed changes to the outside of the building, only changes to the site. The outdoor play area fence would be a low concrete wall with tubular steel, wrought iron look fencing. It was not cyclone fencing. Mayor Sbranti asked about the size of the play area. Some of those issues were left to the State licensing board. Ms. Bascom stated the size of the play area was approximately 2,600 square feet. It was entirely licensed by the State. The City did not have any regulations about how large play areas needed to be. Cm. Hildenbrand stated she was supportive of child care facilities. She had heard these appeals before in her seven years on the City Council. This school had been long time established in the community. This project would make the building more aesthetically appealing. She believed the location was a good location for a day care center. It was unfortunate that this community had issues with day care. She supported this day care and would vote in favor of it. Cm. Swalwell stated this was tough. He thought the City should take a look at the stop sign and crosswalk. It met the City's standards and he would vote to approve it. Cm. Biddle stated they had heard these complaints before. The traffic impacts were minimal compared to the traffic that was on Silvergate Drive or San Ramon Road. There could be a different business there instead of a childcare. He would support the applicant. Vm. Hart stated he was concerned about the aesthetics aspect and traffic and safety. He was not as enthusiastic about it being there. He believed the business should be good neighbors. He was supportive of day care. He was not comfortable that all the concerns had been mitigated yet. Were there any additional answers they could get before voting on it? He was supportive of the applicant, but asked the applicant to work with Staff to see if there was any commonality and common ground with the neighbors. Cm. Swalwell asked Vm. Hart if he had any specific issues he believed Staff could work on with the applicant. Vm. Hart stated he did not believe the City Council should legislate from the dais. Staff should evaluate needs with the applicant based on the City Council's comments. City Manager Pattillo stated there was an issue of timing. Ms. Bascom stated the City Council had 45 days to hear this appeal and tonight was the last night. A decision had to be made within the next 30 days. If the City Council had some additional direction, the applicant should hear it now as they were in escrow on the building. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Vm. Hart stated he was not convinced that the applicant had made sure they were a good neighbor in the area. Mayor Sbranti stated the proposal and the 77 conditions of approval included the concerns of the speakers and had been met and he was ready to support the project. He felt it would be in the best interest of everyone to have the applicant to meet with the neighbors. He would ask Staff to continue to monitor the documented conditions and work with the applicant. Referring some of the traffic safety concerns to the City's Traffic Safety Committee was addressing concerns as well. He was ready to vote in support of the project. Hopefully, there would be regular communication with the neighbors. City Manager Pattillo asked if the applicant was willing to meet with the neighbors, Staff could provide a report back to the City Council. The applicant stated they would be willing to meet with the neighbors. City Manager Pattillo stated they could lend the Regional Meeting Room for that meeting. On motion of Cm. Hildenbrand, seconded by Cm. Biddle and by unanimous vote, the City Council adopted RESOLUTION NO. 197-11 AFFIRMING PLANNING COMMISSION RESOLUTION 11-25 APPROVING A CONDITIONAL USE PERMIT AND A RELATED SITE DEVELOPMENT REVIEW PERMIT FOR THE MONTESSORI PLUS DAY CARE CENTER LOCATED AT 11900 SILVERGATE DRIVE AND IMPOSING ADDITIONAL CONDITIONS OF APPROVAL, (APN 941-0103-011-01) PLPA-2011-00013/00014 RECESS ~~~~~~1 Mayor Sbranti called for a brief recess. The meeting reconvened with all Councilmembers present at ~e6e 15 _,,..,~ DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. 12 DRAFT UNFINISHED BUSINESS Appeal of Planning Commission Denial of the All American Label Site Development Review fora 4,456 square foot addition to an existing building (Continued from October 4 and November 1, 2011 meetings), PLPA-2011-00020 8°46°23 7.1 (410-30) City Attorney John Bakker presented the Staff Report and advised that, at its October 4, 2011 and November 1, 2011 meetings, the City Council considered an appeal of the Planning Commission's denial of a Site Development Review approval 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court. At the November 1, 2011 meeting, the City Council directed the City Attorney to prepare findings for the City Council to reverse the Planning Commission's action. The City Attorney had prepared the attached Resolution granting the appeal, reversing the Planning Commission's decision, and directing Staff to process the application for Site Development Review approval. Mayor Sbranti stated his biggest concern was that the wording within the Floor to Area Ratio (FAR) was ambiguous. He felt it could be tightened up. When you looked at it in totality, if you were going to grant the appeal, there was no standard in place as it related to FAR. That was not fair to Staff. The proposal of a moratorium came up but needed four votes. The City Council only had three votes. How long would the moratorium be in place? A specific plan was only an idea and cost would still need to be budgeted for Fiscal Year 2012-2013. How long could the moratorium last? There were not the votes for it and it could only last a year. The timing did not match up. Then he considered raising the FAR. It should be part of a study. This was how the conversation started on October 4, 2011. It could cost close to $100,000. A number of the properties were over .40 FAR. The fact the City Council did not have the votes for a moratorium, the cost of a study, the history of the City having dealt with the property in 2008 by the Planning Commission relative to the FAR, and there had been consensus at the Planning Commission level and Staff level, he did not see how he could vote to grant the appeal. He recommended they deny the appeal or take no action. Cm. Biddle stated he was ready to make a motion. Cm. Swalwell stated it was unfortunate they could not reach an agreement; something that would benefit something there right now. He was concerned about that area right now. The City needed jobs right now and to grow. He had to accept what the City Council was telling them. He agreed there was nowhere to go if he was being told legally they could not increase the maximum FAR to .50. He supported taking no action and having a 45 day default to the Planning Commission decision. He agreed that the Planning Commission had done a very thorough evaluation but they were confused because they did not have guidelines. He was not trying to override them. Cm. Hildenbrand stated they had spoken about this item on numerous occasions. The Planning Commission had done a thorough job. DUBLIN CITY COUNCIL MINUTES 13 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Mayor Sbranti stated the Planning Commission had looked at this in 2008 and then again now. Staff had reviewed it. A solution that might help here could have repercussions elsewhere. Vm. Hart stated conceptually, they agreed there was an area that could be reviewed. There were a lot of different issues. He did not share Cm. Swalwell's views. There were no other businesses looking to expand in that area. He was not supportive of just letting it default. He supported Option No. 2. There was no other choice except to deny the appeal; move forward and deny the appeal. On motion of Cm. Biddle, seconded by Vm. Hart and by majority vote (Cm. Swalwell voting no), the City Council adopted RESOLUTION NO. 198 - 11 AFFIRMING THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION 11-24 DENYING A SITE DEVELOPMENT REVIEW PERMIT FORA 4,456 SQUARE FOOT ADDITION TO AN EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT AND AFFIRMING THE PLANNING COMMISSION'S FINDINGS PLPA 2011-00020 (APN 941-2576-006) ..,.~ Consideration of Urgency Ordinance (Development Moratorium) In Areas Designated Business Park/Industrial Under the City General Plan 8°58°58 7.2 (410-20) City Manager Pattillo stated that this item would be brought back as a Strategic Initiative which was part of the budget process as far as what a specific plan might look like for this area and to make sure Staff had the right focus. Vm.Hart stated he would be cautious of using a lot of resources right now. The timing should be something that was evaluated. City Manager Pattillo stated, with this strategic initiative, Staff would bring back a proposal to review along with different alternatives as far as approach. This would be a budgetary discussion. There was also an alternative as far as language cleanup that was given as a proposal. As part of the engagement discussion, they would also engage the broker community as to their thoughts on the area. By consensus, the City Council acknowledged this item was no longer relevant. ...., DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. 14 DRAFT Authorization to Solicit Bids - Contract No. 11-05, Alamo Canal Trail I-580 Undercrossing Project (CIP No. 960008) 9x01 e28 7.3 (600-35) Senior Civil Engineer Ferd Del Rosario presented the Staff Report and advised that the Federal Highway Administration (FHWA) and the California Transportation Commission (CTC) had approved and obligated the federal funds needed to construct the Alamo Canal Trail I-580 Undercrossing project. This project would connect the Alamo Canal Trail north of the freeway (adjacent to the City Library) with Pleasanton's Centennial Trail south of the freeway to transform it into a regional trail. The City, who would administer and manage construction of the regional trail project, was now ready to advertise the project and solicit bids from contractors. Vm. Hart asked who would monitor the gate opening and closing. Mr. Del Rosario stated the East Bay Regional Park District would start that monitoring. At times there would be water overflow and the gates would be closed at that time. The trail could be indundated by up to three feet of water overflow. Cm. Hildenbrand asked if there would be advance notification on the trail before trail users arrived at the gate. Mr. Del Rosario stated that was possible. There was a sign now that said it was subject to flooding. City Manager Pattillo stated there could be advance notice on the trail to trail users in the event it needed to be closed due to flooding. On motion of Cm. Hildenbrand, seconded by Cm. Swalwell and by unanimous vote, the City Council authorized Staff to solicit bids for Contract No. 11-05, Alamo Canal Trail I-580 Undercrossing project (CIP No. 960008). NEW BUSINESS Update on Small Business Activities and Partnership Opportunities with the Dublin Chamber of Commerce 9°09°50 8.1 (470-50) Administrative Analyst II Hazel Wetherford presented the Staff Report and advised that one of the City Council's FY 2011/12 strategic initiatives for Economic Development was to identify DUBLIN CITY COUNCIL MINUTES 15 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT partnership opportunities with the Dublin Chamber of Commerce to assist small businesses. To that end, the City had developed the following small business activities: small business incentives; small business resources brochure; partnering with the Dublin Chamber of Commerce to launch business seminars and a Shop Local Holiday Campaign; and updates to the City's website. This report would provide an update on small business activity and partnerships with the Dublin Chamber of Commerce. This item was moved from the Regular City Council meeting of November 1, 2011. Cm. Swalwell asked if anyone had inquired about the fagade improvement program. Ms. Wetherford stated that item would be coming before the City Council in December regarding guidelines and criteria. Cm. Swalwell asked if the City had been speaking to businesses regarding the program. Economic Development Director /Public Information Officer Linda Smith stated Staff had started to engage business owners along Village Parkway to see if there was any interest. There had been receptive feedback from them as it related to the program. Cm. Swalwell asked about using the Downtown Specific Plan in the program. Was Staff working with businesses to see how they could adapt to it? Ms. Smith asked if he was speaking in terms of aesthetics. This program was one of the first areas of interest in meeting with those property owners and businesses. Cm. Swalwell asked about businesses that might be better suited to go to a different area of the City. Ms. Smith stated one of the past Goals and Objectives was to find places for auto repair. One action that was taken was making modifications to the use process to use a Minor Use Permit to remove some of the barriers. Cm. Swalwell asked about a radio campaign for Shop Dublin. Ms. Smith stated they were still speaking to radio stations, and also print advertisers. Vm. Hart stated some of these things were working. This was a continued partnership. Mayor Sbranti asked about the status of the Shop Dublin campaign. Ms. Smith stated they were continuing to reach out via social media. They has begun poster distribution and sending out postcards. They partnered with the Dublin Patch to do advertising on their homepage to encourage the shop local activities. The City Council received the report. DUBLIN CITY COUNCIL MINUTES 16 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT .., .~ Semi-Public Facilities 9e21 e28 8.2 (420-30) Principal Planner Kristi Bascom presented the Staff Report and advised that the City Council would receive information on the status of Semi-Public designated properties and recent General Plan Amendments related to Semi-Public and Public/Semi-Public designated properties. This item was moved from the Regular City Council meeting of November 1, 2011. Cm. Swalwell asked about the original purpose of the designation. Ms. Bascom stated the genesis of the adoption of the semi-public policy was there was enough land for certain public use types (school, libraries, post offices), but the City Council was trying to encourage the creation of more of those semi-public uses such as day care centers, churches, etc. Cm. Swalwell asked if the semi-public policy was enacted in Dublin to control density. Mayor Sbranti stated, during one of the City's Goals and Objectives discussions, the City Council was looking at a map, and they determined that there were many designations but something was missing. The City was missing churches, community center, day care centers. That was the nexus behind it. It was not a growth control mechanism. Cm. Swalwell stated that the de facto result had been that a lot of these areas had not been developed. City Manager Pattillo stated, in speaking with the developers regarding public/semi-public spaces, they had been too small or too large. Acreage had been an issue. There was also the downturn of the economy. The land was too expensive. Those that had the funds wanted larger sites. Mayor Sbranti stated the City had done pretty well based on the policy. Vm. Hart stated he was not inclined in giving it back to the developer. He wanted Staff to retool it and make recommendations as to how to improve it. There were successes within the City. Maybe the size or density requirements could be changed. He was open to what Staff would suggest. Cm. Biddle stated when you looked at the semi-public uses, they were a result of the developer paying impact fees or partnering or a developer having a facility built with their project could DUBLIN CITY COUNCIL MINUTES 17 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT lead to uses. Some of the non-profits were looking into the commercial areas. If the City built on the success they had, they would get to the point they were meant to be. Mayor Sbranti stated there were five public/semi-public designated properties that were pending that were looking to change. Valley Christian's application was to fund the improvements at their center. What was the status of the four properties in the east as far as the analysis for the trade-off as it related to residential? Were the applicants looking to do some type of a payment, or offsite mitigation? City Manager Pattillo stated it sounded as if the City had been successful because there had been some creative approaches to these types of situations, such as offsite mitigation. Community impact fees were totally different. Allowing Staff to come back with proposals would provide more latitude. It was the services the City Council would like to see in the community. The situation with the YMCA was a very creative outcome. Mission Valley Properties was a developer that was also a willing partner with the YMCA. Discovery Homes and their involvement with the School of Imagination was another. With these opportunities, the City Council wanted Staff to leverage maximum services, not necessarily bricks and mortar, as much as a place or facility. There would soon be the Tri-Valley Needs Assessment in terms of needs and vacancies associated with it. City Council's direction was, once the Assessment was out, there would be discussion to put together an ad hoc committee made up of community members from different sectors to discuss those needs. Staff could then pick from a menu of what service gaps might be evident, take a look at those when meeting with developers and pair it with community benefits that could be applied. Some of the locations were not the most natural as far as connecting social services, also child care. There were connection points that needed to happen with transportation as well. Sometimes having public/semi-public embedded in a neighborhood might not make the most sense at this time. This would be broad. Staff could work with developers that wanted to convert, into a discussion as far as community benefit. The City Attorney would also need to weigh in to make sure it met the terms. To take the information from the Tri-Valley Needs Assessment that would be vetted out by an ad hoc committee, recommended by the Mayor and confirmed by the City Council could work off of what that menu would look like. The YMCA was a good example of the partnering. By consensus, the City Council agreed with the City Manager's proposal. The City Council received the report. ....i Request for Sewer Capacity Assistance 9°42°24 8.3 (470-50) Economic Development Director/Public Information Officer Linda Smith presented the Staff Report and advised that the City received a request to participate in the Sewer Capacity DUBLIN CITY COUNCIL MINUTES 18 VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. DRAFT Assistance Program by Stanforth Holdings, LLC, owners of Fallon Gateway, to offset a portion of the costs for BJ's Brewhouse and Restaurant. Vm. Hart asked if it was just the $100,000 which was the benefit. Was that the total incentive for the business to locate or relocate? Ms. Smith stated that was correct. The $100,000 was the value Dublin San Ramon Services District placed on dwelling unit equivalents, which one unit was in the $15,000 range. On motion of Cm. Biddle, seconded by Cm. Hildenbrand and by unanimous vote, the City Council authorized the allocation of sewer capacity to Stanforth Holdings. 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) 9°45°49 City Manager Pattillo stated there were many upcoming holiday activities sponsored by the Parks and Community Services Department, including a Holiday Craft Boutique, Puppet Show at the Heritage Parks and Museum, the Holiday Tree Lighting, the Winter Holiday Market Heritage Parks and Museum, Breakfast with Santa, and the Bay Bells Concert. The Police Department would be sponsoring an identity theft prevention event on November 17, 2011. Also, Fallon Road would be opened tomorrow. John Hartnett, Heritage and Cultural Arts Manager, would be retiring later in November 2011. Cm. Swalwell stated he attended the Tri-Valley Veterans Day Parade in Pleasanton. He also attended Dublin's Hometown Heroes Event. He attended the East Bay League of Cities dinner meeting. Cm. Hildenbrand stated she had nothing to report. Vm. Hart stated he would be retiring from the Alameda County Sheriff's Office in December. There would no longer be a conflict of interest with his County employment and the Dublin City Council. Cm. Biddle stated he attended the Alameda County Transportation Commission meeting, the YMCA ribbon cutting, and an Economic Development Business Visitation tour with Safeway's Dublin facility. He attended the Hometown Heroes event in Dublin, and a Livermore Amador Valley Transit Authority meeting, and the National League of Cities conference. DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. 19 DRAFT Mayor Sbranti stated he attended the YMCA grand opening and the ribbon cutting, Dublin Partners in Education Celebrity Waiter event, the Dublin Hometown Heroes event and a Local Agency Formation Commission (LAFCO) hearing. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9e5~e23 in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. Mayor ATTEST: City Clerk DUBLIN CITY COUNCIL MINUTES VOLUME 30 ~~ REGULAR MEETING i„~' ~,~~ x„i~~~ NOVEMBER 15, 2011 ~~,~~,~,,~;`,~ ,~, ,. 20