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HomeMy WebLinkAbout11-03-2009 Adopted CC Min~.~ Off' DUB MINUTES OF THE CITY COUNCIL ~. ~1,~,. OF THE CITY OF DUBLIN 1~~ -'-~ 82 REGULAR MEETING -November 3, 2009 ~~V .< l~ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: I. CONFERENCE WITH LEGAL COUNSEL-ANTITICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 7099 Amador Plaza Road, Dublin, CA 94568, APN 941-0305-026 Agency Negotiators: City Manager and City Attorney Negotiating Parties: Walter L. Ligon and Vicki Lynn Ligon Under Negotiations: Price and Terms of Payment A regular meeting of the Dublin City Council was held on Tuesday, November 3, 2009, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:01 p.m., by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Scholz, and Mayor Sbranti ABSENT: Councilmembers Hart and Hildenbrand PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. DUBLIN CITY COUNCIL MINUTES ~ VOLUME 28 ~~oF~ REGULAR MEETING 1~~~~~ November 3, 2009 \\ ~ /% ~'~,~~ `~ REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated the City Council authorized the filing of a petition with the State Water Resources Control Board for review of the San Francisco Bay Regional Water Quality Control Board Order No. R2-2009-0074. ORAL COMMUNICATIONS Pancreatic Cancer Awareness Month Proclamation 7:03 p.m. 3.1 (610-50) The City Council presented a proclamation to Renata Lorenzo, representative of the Bay Area Affiliate of the Pancreatic Cancer Action Network, proclaiming November 2009 as Pancreatic Cancer Awareness Month. Ms. Lorenzo thanked the City Council for the proclamation. End Polio Now Proclamation 7:08 p.m. 3.2 (610-50) The City Council presented a proclamation to the Dublin Rotary Club proclaiming November 3, 2009 as End Polio Day. Jerry Cauchi, Rotary Club member, thanked the City Council for the proclamation. Public Comments 7:15 p.m. 3.3 Jonnie McCoy Howell, Showers of Blessings Church, stated that on behalf of the Showers of Blessing Church, she wanted to thank the City for its sponsorship of family-oriented outdoor events, with a special thanks to Dublin City Staff member, Lorri Miller. DUBLIN CITY COUNCIL MINUTES 2 VOLUME 28 ~~OFDpq~ REGULAR MEETING ~~~~~~ November 3, 2009 \\ ~ /% 04GII'C~R~1~ CONSENT CALENDAR 7:17 p.m. Items 4.1 through 4.7 On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cms. Hart and Hildenbrand absent), the City Council took the following actions: Approved (4.1) Minutes of October 6, 2009; Adopted (4.2 600-30) RESOLUTION NO. 158 - 09 AUTHORIZING STAFF TO EXECUTE A LEASE AGREEMENT WITH AMERICAN MEDICAL RESPONSE WEST, INC. FOR THE USE OF PARKING SPACES AT FIRE STATION 16 AT 7494 DONOHUE DRIVE Adopted (4.3 600-35) RESOLUTION NO. 159 - 09 ACCEPTING IMPROVEMENTS TO THE DUBLIN CIVIC CENTER AND SENIOR CENTER (CONTRACT N0.09-01) Received (4.4 330-20) report authorizing Mayor to execute the budget change and directed Staff to include this information in the Final Comprehensive Annual Financial Report which will be presented to the City Council later this year; Received (4.5 320-30) the Quarterly Investment Report; Received (4.6 330-20) report and authorized the Mayor to execute the budget change and directed Staff to include this information in the Final Comprehensive Annual Financial Report which will be presented to the City Council later this year; Approved (4.7 300-40) the Warrant Register in the amount of $1,207,564.31 and authorized the issuance of payments. WRITTEN COMMUNICATIONS -None DUBLIN CITY COUNCIL MINUTES s VOLUME 28 `~yOFDpRI REGULAR MEETING ~~~~`~ November 3, 2009 ~\ ~ %/ ~ici g~~ ''~`' PUBLIC HEARINGS ZOA 09-002: Zoning Ordinance Amendments to the Dublin Municipal Code Related to Indoor Recreational Facilities including Modifications To Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading), Chapter 8.116 (Zoning Clearance), and Chapter 8.132 (Notice and Hearing). Amendments Also include the Creation of Two New Chapters: Chapter 8.70 (Indoor Recreational Facilities) and Chapter 8.102 (Minor Use Permit), and Amendments to the Fee Schedule for Processing Indoor Recreational Facility Applications 7:18 p.m. 6.1 (450-20) Mayor Sbranti opened the public hearing. Planning Consultant Kristi Bascom presented the Staff Report and advised that, at the request of the City Council, Planning Division Staff had reviewed the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process for development applications and to promote businesses in Dublin. Staff was recommending several Zoning Ordinance Amendments that would modify the permit and parking requirements for Indoor Recreational Facilities and facilitate quicker processing of certain applications. This would allow those facilities with minimal impacts a much shorter review time at a lower up-front cost to the Applicant. Mayor Sbranti asked about the uses that were listed specifically in the Staff Report such as auditorium, billiard/pool hall, card room, comedy nightclub and comedy club, recording studio, and theatre. How had the process changed for each of them? Ms. Bascom stated there was no difference for auditorium, billiard/pool hall, card room, or theatre. They were previously permitted in the zoning districts with the Conditional Use Permit. Comedy club, nightclub and recording studio were newly listed in the definitions chapter and the same standards were applied as like uses. Comedy club was permitted in the main commercial districts in the same way as a bar or restaurant. But in other zoning districts that were industrial or office, they were permitted through a Conditional Use Permit through the Zoning Administrator. Mayor Sbranti asked if the rationale separating these uses was those could potentially have more of an impact than some of the other uses. Ms. Bascom stated they were more entertainment focused and indoor recreational facilities tended to be more daytime use. Mayor Sbranti asked if the uses with allowable hours of operation of 6:00 a.m. to 10:00 p.m. could get a Minor Use Permit for later hours of operation. DUBLIN CITY COUNCIL MINUTES 4 VOLUME 28 `~oFOU~ REGULAR MEETING i~~~~~ November 3, 2009 \~ ~ %/ Gt~FOR~s Ms. Bascom stated yes, they would fall into the Minor Use Permit process. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. On motion of Cm. Scholz, seconded by Cm. Biddle and by unanimous vote (Cms. Hart and Hildenbrand absent), the City Council waived the reading and introduced an Ordinance Amending Zoning Ordinance Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading), Chapter 8.116 (Zoning Clearance), Chapter 8.132 (Notice and Hearing) and the Creation of Two New Chapters: 8.70 (Indoor Recreational Facilities) and 8.102 (Minor Use Permit) Relating to Indoor Recreational Facilities (ZOA 09-002); and adopted RESOLUTION NO. 160 - 09 AMENDING RESOLUTION 49-06 TO REVISE THE ADOPTED FEE SCHEDULE AND ADD FEES FOR THE FOLLOWING APPLICATIONS: ZONING CLEARANCE FOR INDOOR RECREATIONAL FACILITIES, MINOR USE PERMIT, MINOR AMENDMENT TO A MINOR USE PERMIT, AND MAJOR AMENDMENT TO A MINOR USE PERMIT (ZOA 09.002) UNFINISHED BUSINESS Approval of City Directional Signage, Criteria and Policy Amendment to Streetscape Master Plan; Approval of Design and Location of Scarlett Court Directional Sianage 7:34 p.m. 7.1 (470-40) Assistant to the City Manager Linda Maurer presented the Staff Report and advised that the City Council provided direction to Staff to formalize a City directional sign program and to create a new policy and related criteria to allow for City directional signage for places, buildings, or locations of regional or historical significance. Staff was recommending that the City Council approve, by resolution, amendments to the City's Streetscape Master Plan policies to allow City directional signs to be placed in the public right-of-way. Additionally, Staff was recommending City Council approval for the design and location of the Scarlett Court directional signs. Guy Houston, Hamcor representative, thanked Staff for their work on these signs. He said it was a good way to let people know how to get around the City. He asked about clarification on Item 1.b., "The place building or location lacks visibility or signage that would direct persons to the place, building, or location from the major or arterial street within the City of Dublin that provides vehicular access to the place, building, or location." He read that to mean that the policy would not apply to all the car dealerships in Dublin. The concept for a wayfinding sign was to direct you to a location some distance away. He asked that Item 1.b. be struck from the proposed wording of the policy. DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~yOFDpR, REGULAR MEETING m~~ir_~,az November 3, 2009 ~\ ~ /// ~'~GIFOR~~ Mayor Sbranti asked City Manager Pattillo if Item 1.b. would preclude car dealerships from being on the signs. How would the determination be made? Ms. Maurer stated the wording would need further study. Staff was amenable to having a discussion with Mr. Houston. Staff could come back with additional locations for these particular signs. City Manager Pattillo stated Staff was recommending adoption of the policy tonight and the locations of three proposed signs. Staff could look at other locations. The concern of Staff was as it related to the major arterials of Tassajara and Dougherty Road was being able to place a sign so as not to have to get into a Caltrans approval process. Mayor Sbranti asked if there were other locations that would not be in the Caltrans right-of-way that would still accommodate the same goal. City Manager Pattillo recommended that the City Council adopt the resolution that was before them tonight and then work with Mr. Houston on the request. Mayor Sbranti agreed that he would like to adopt the resolution before the City Council tonight and work with Mr. Houston as follow-up to this policy. Mr. Houston stated that, with the three proposed locations, Honda was being left out. He preferred that the item be pulled. Mayor Sbranti asked if this resolution would apply to these three signs. City Attorney John Bakker stated that the way the policy was drafted, Toyota, Hummer and Chevrolet could apply and the City would review it under this criteria and the City Council could grant it. On motion of Cm. Biddle, seconded by Cm. Scholz and by unanimous vote (Cms. Hart and Hildenbrand absent), the City Council adopted RESOLUTION NO. 161 - 09 AMENDING THE CITY OF DUBLIN'S STREETSCAPE MASTER PLAN POLICIES TO ALLOW CITY DIRECTIONAL SIGNAGE FOR PLACES, BUILDINGS, OR LOCATIONS OF REGIONAL OR HISTORICAL SIGNIFICANCE DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~OFD REGULAR MEETING 1~~~~~ November 3, 2009 \\ ~ /% GwFO~~m NEW BUSINESS Consideration of City Sponsorship of Earl Anthony Memorial PBA Open 7:52 p.m. 8.1 (150-10) Assistant City Manager Chris Foss presented the Staff Report and advised that the City Council would consider the possible sponsorship of the Earl Anthony Memorial PBA Open and provide direction to Staff on this matter. Mr. Ted Hoffman Jr., owner of Earl Anthony Bowl, stated the event would help local businesses and provide exposure for the City of Dublin. He asked that the City consider the sponsorship. Mayor Sbranti stated that he had asked that this item be brought forward for City Council consideration. Mr. Hoffman provided information regarding the Pro-Am portion of the event. Mayor Sbranti asked Staff to work with Mr. Hoffman regarding promotion of the event such as street pole banners or promotion in the Dublin Recreation Guide. City Manager Pattillo stated Staff would discuss event promotion next year. By consensus, the City Council approved sponsorship of the Earl Anthony Memorial PBA Open at the Gold Level and directed Staff to work with the event coordinator regarding outreach for the event. Appointments to Citizen/Organization of the Year Ad-Hoc Committee 8:02 p.m. 8.2 (110-30) City Clerk Caroline Soto presented the Staff Report and advised that each year, the City of Dublin recognized a citizen, young citizen and organization of the year at its Volunteer Recognition Event. As part of this process, an Ad Hoc Committee comprised of two Dublin Councilmembers was needed to perform duties including arranging for impartial judging and selection of winners. The City Council would consider appointment of two Councilmembers to the Ad Hoc Committee. On motion of Mayor Sbranti, seconded by Cm. Scholz and by unanimous vote (Cms. Hart and Hildenbrand absent), the City Council confirmed the appointment of Councilmember Biddle and Councilmember Scholz to the Citizen/Organization of the Year Ad-Hoc Committee. DUBLIN CITY COUNCIL MINUTES 7 VOLUME 28 ~,~oF~ REGULAR MEETING 1~~~~~ November 3, 2009 \~ ~ /// ~`~1 R~1~ 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) 8:04 p.m. City Manager Pattillo requested the City Council plan a Study Session regarding the Alameda County Hall of Justice. The City Council agreed to the date of Monday, November 16, 2009, 6:00 p.m. to 7:00 p.m. for the session. Cm. Biddle stated he had attended an Association of Bay Area Governments (ABAG) meeting. He had attended the Dublin Partners in Education (DPIE) celebrity waiter event. He also attended the AXIS Community Health Open House. He had visited the liquefied natural gas (LNG) plant at the Altamont Landfill which was a venture between Waste Management and the Linde Group. It collected methane from the garbage at the landfill and converted it to liquefied natural gas. Cm. Scholz stated she had attended the Livermore Amador Valley Transportation Authority (LAVTA) meeting. She attended the Chamber's Joint Mixer at the Shannon Center. She stated Staff had given her the Public Works presentation that had been provided to the Dublin 101 Academy class. Mayor Sbranti stated he had attended the Graybar Electric Grand opening, the Chamber Mixer at the Shannon Center, and the DPIE Celebrity Waiter Event. He also attended the opening of Hope Hospice on Clark Avenue. He attended the LAVTA Board meeting. ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 8:16 p.m. in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk. ~ ~. J,.:_.. ATTEST: C~.c.~ro ~ ~ d~~ Mayor City Clerk DUBLIN CITY COUNCIL MINUTES s VOLUME 28 ~~o~~ REGULAR MEETING i~~~~~ November 3, 2009 ~~ ~ /~ ~`iGIFpR~~