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HomeMy WebLinkAboutItem 4.01 Draft Minutes 9-1-98 • l l REGULAR MEETING - September 1 , 1993 A regular meeting of the Dublin City Council was held on Tuesday, September 1, 1998, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 p.m., by Mayor Houston. ROLL CALL • • PRESENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. • DUBLIN SAN RAMON SERVICES DISTRICT PRESENTATION 3.1 (1000-90) DSRSD Board Member Cynthia Jones made a presentation related to the District project: Clean Water Revival - Puttin' on the Green, Recycling for Landscape Irrigation. This is a program to use recycled water for landscape irrigation. Local parks, school grounds, athletic fields,golf courses, street medians and landscape common areas in new housing developments will be green and beautiful from being irrigated with recycled water. Flyers were passed out On September 12 they will have a booth at opening day of soccer season. They will have information available and also will be giving. away free items. The first phase will be completed this winter with water coming through next spring. CITY COUNCIL MINUTES VOLUME 17 — – 4 -- REGULAR MEETING September 1, 1998 - PAGE 385 ITEM NO. 44 She apologized to the citizens of Dublin for the roads being torn up. It's also going to East Dublin. . .... APPOINTMENT OF ALTERNATES TO YOUTH ADVISORY COMMITTEE 7:11 p.m. 3.2 (110-30) In August, the City Council amended the Youth Advisory Committee Bylaws and Rules of Procedure to add two alternates to the composition of the Committee; one representing middle school and one representing high school. -""" Mayor Houston appointed Kerri Rice and Michael Alger, respectively, to the alternate positions. On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council confirmed the Mayor's appointment of Kerri Rice and Michael Alger to the Youth Advisory Committee. .... New Valley Times "Around Dublin" Column Reporter (150-80) . Tim Sbranti, 6944 Langmuir Lane introduced himself and stated he has been hired by the Valley Times to do the Around Dublin column. He will be around town and he wants to highlight people doing good things. Make sure information gets to him (847-2128) and he will be glad to put this in the column. He is excited about the opportunity to do the column. Cm. Burton stated he has a tough act to follow with Claudia McCormick having done the column for years. .... CONSENT CALENDAR 7:14 p.m. Items 4.1 through 4.12 Cm. Burton pulled Item 4.2. Cm. Lockhart pulled Item 4.3. Cm. Barnes pulled Items 4.7 and 4.9. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING S~ptember 1/ 1998 PAGE 386 . . . . On motion of Cm. Burton, Cm. Howard, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August ~8, 1998; Approved (4.4 600-30) additional $1,686 appropriation and adopted RESOLUTION NO. 133 - 98 AWARDING CONTRACT 98-08, SHANNON PARK PEDESTRIAN PATH TO W. T. COOK CONSTRUCTION <~ Adopted (4.5 660-40) RESOLUTION NO. 134 - 98 OPPOSING PROPOSITION 9 UTlUTY RATE REDUCTION AND REFORM ACT DUE TO POTENTIAL NEGATIVE IMPACTS ON LOCAL GOVERNMENT Received (4.6 330-50) a preliminary Financial Report for the month of July 1 998; Received (4.8 100-80) a Status Report as of July 31, 1998 on the City's 1998 Goals & Objectives; Approved (4.10 600-30) Budget Change Form and adopted RESOLUTION NO. 135 - 98 AWARDING CONTRA.CT 98-09 SHANNON PARK SUBDRA.IN TO GRADETECH, INC. (16,802) Approved (4.11 300-40) the Warrant Register in the amount of $937,275.80; Accepted (4.12 150-70) gift of $200 from Secure Horizons for the Dublin Senior Center; directed Staff to prepare formal acknowledgment to the donor; and approved the Budget Change Form. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1/ 1998 - PAGE 387 On. Burton pulIed lteIn 4.2 related to the Cowboy Gathenng and Rodeo at the Rowell Ranch in Castro Valley on October 9 - 11 fivIn the COIlsent Calendar. . This is a unique situation. Dublin is being recognized as the host city. This WIll honor the heritage of cowboys in this country. Any benefits received wJ1l go to the Dublin LibraIy. - . CIn. Barnes stated she wanted to Inake sure they pay their security deposif"ai1d pIvvide insurance. ~ \1ayor Houston asked if the City would like to appropriate the funds to put on the reception which will be the grand opening for the festival ... CIn. Burton asked how Inuch Inoney he wanted. Afayor Houston responded that $500 should be adequate. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council approved (4.2 200-10) the request from the California Cowboy Benefits to waive the use fees for the Dublin Civic Center on October 8, 1998 for a reception and appropriated $500 to cover the cost of refreshments. CIn. Lockhart pulled Item 4.3 related to the DFA Arl in the Parks PrograJn aJld asked if they could hear fi<Oln DFA about what they are planning. . Claudia McCol1nic~ President of DFA stated they have sent out an RFQ to aJtists in the area. They received about 20 back which they are going through. They hope to organize the neighborhoods around the two parks to select the pieces and hopefully the Inodels will be available by January of 1999. CIn. Lockhart stated the City has put a lot of Inoney into Mape Melnozial Park recently and another park Dolan Park doesn't realIy get a lot of attention fiVIn the City. She stated she would appreciate it if DFA would consider exchanging paJXs. She stated she would like the Foundation to consider sOlnething in that park Ms. McCormick stated she will take it back to her Board and report back On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council approved (4.3 900-50) the request of the Dublin Fine Arts Foundation to pursue project of commissioning artwork for Kolb and Mape Memorial Parks as part of the Art in the Parks Program. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETiNG September 1/ 1 998 PAGE 388 . . CIn. Barnes pulled /teIn 4.7 related to the Civic Center Reroolfivlll the Consent Calendar. She cOlnInented that it speciHcally states not the Council Chmnbers. .Mr. ThOlllpson stated since the cost of the roof systeIn is estilnated to be InOI"e than the onginal budge~ Staff was l"ecolnlnending doing the work in two phases. We stmted to get SOlne leaks in the lobby this yea.r so they broke this into phases. II it is necessary to delete a section7 Staff would recOlnInend postponing the Council ChaJnbers untJ1 the next Hscal year. A leak in the ChaJnbers was fixed last year. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Coun.~il authorized (4.7 600-30) Staff to solicit bids for Civic Center Reroof of Administrative Wing, Capital Improvement Project #9393. CIn. Ba.rnes puIled Iteln 4.9 related to the Civic Center fountain pUInp fiVIll the Consent Calendar and asked when the water in the fountain wiIl actually staIt bubbling. Mr. ThOlnpson stated it should be repaired in about a Inonth mId a. ha.ll On motion of em. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the . . Council adopted (4.9 350-20) RESOLUTION NO. 136 - 98 AWARDING PURCHASE ORDER FOR PROJECT 98-10 CIVIC CENTER FOUNTAIN PUMP REPLACEMENT TO PACO PUMPS, INC. ($9,955.49) ... TRAFFIC REPORT ON BAY LAUREL STREET Mayor Houston moved this item forward on the agenda prior to the public hearings. 7:23 p.m. 7.1 (590-80) Public Works Director Thompson presented the Staff Report and stated in response to homeowners' concerns regarding traffic on Bay Laurel Street, including speeding, noise, traffic volume, and parking restrictions, the Public Works Department and its consultant TJKM conducted a series of traffic studies. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1/ 1998 - PAGE389 . \\Then homeowners' concerns were first received, the Hansen Hill project was still . under construction and was not part of the City's jurisdiction; therefore, the developer was responsible for safety and traffic issues; however, Staff did organize meetings and worked with the homeowners, developer and Valley Christian Center (VCC) to develop solutions and mitigations in an attempt to satisfy the involved parties. The Dublin Police Department, Fire Department, Warmington Homes and VCC were .very cooperative, attended all meetings and assisted Staff in working through residents' traffic concerns. Based on requests from the Homeowners' Association, City Staff completed, or had the developer complete several traffic revisions, including: 1) .".. Installation of crosswalks on Silver gate Drive at Hansen Drive 2) Elimination of some of the parking restrictions on Bay Laurel Street 3) Reconfigured the eastbound right-turn lane on Dublin Boulevard at Hansen Drive to a through- and right-turn lane to reduce the eastbound backup 4) Install all-way stop signs at Inspiration Circle/Inspiration Drive and at Inspiration Circle at Bay Laurel 5) Install pedestrian crosswalks on Bay Laurel Street at Silvergate Drive and at Hansen Drive and Silvergate Drive to direct children to safe street crossings 6) Install centerlines on Bay Laurel Street 7) Joint effort between VCC and Hansen Hill Homeowners' Association to educate the VCC School attendees to not use Bay Laurel Street. . The Dublin Police Department is proposing to target the Bay Laurel Street area for stepped-up enforcement during the first few weeks of school in September. This is being done, along with higher enforcement around the other schools, to remind people of the need for safety when the schools are in session. Mr. Thompson pointed out that there is considerable traffic to and from the construction portions of the development which will eventually disappear, but new traffic from the 108 units in Phase II Hansen Hills plus 1 7 units on the Gleason property will increase the traffic over the existing traffic level. In summary, Mr. Thompson stated based on the traffic studies, Staff believes that no further action is warranted and that the existing striping and stop signs are adequate. Mayor Houston stated he met with some of the residents and all of this has to do with things we can do in the development. At the bottom of Silvergate Drive, it is so wide and there is no median that chops it up. You can see that kids have been CITY COUNCIL MINUTES . . . doing donuts there. He asked if there was any thought given as to how we can slow people down on Silvergate Drive. !\1r. Thompson stated we might be able to put a southbound right turn lane at the development. - Mayor Houston felt that some day, some type of medians would be good. lv1r. Thompson discussed the fact that the crosswalks have a dual purpose. Cm. Burton asked if the street on Bay Laurel is wide enough for a centerline. ".., Mr. Thompson responded that he thought it was 36' or 40' wide and it tends to direct people so they don't cut corners. Mayor Houston asked about the things on the list which have not yet been completed. Mr. Thompson stated they will all be done pretty soon. Kenneth Mayton, 7500 Inspiration Drive, Senior Pastor at VCC stated they are concerned and they will back anything in terms of enforcement. Police patrol is being done. They have written to all of the students and have asked them to use Dublin Boulevard to enter onto Inspiration Drive. They support anything that would help with regard to what happens there. They want to be good neighbors and they are certainly open to trying different things. They have and will continue to work on this issue. Tina Corso thanked the Mayor for corning up and talking to them. There are new models open and traffic and construction traffic. She stated she gave him pictures of all the skid marks. Just one person hitting someone else is what they are concerned about. It is out of control. If everyone could just do the speed limit, they would be very happy. Buckeye Court and Bay Laurel is a very dangerous blind corner with a 9% grade. It is very dangerous. She suggested and was told that Dublin Boulevard would have red lights and this hasn't been done. School traffic backs up on school days. People are mad that they have to stop. They then cut through Hansen and Silvergate. This would be great to have a light there. The school could also stagger their times for the kids starting and this would help. They love having the police there; but realize they can't be there 24 hours a day. Their development is only halfway built and they have 2 more years of construction with big trucks. There is an accident waiting to happen. This is CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1 998 - PAGE 391 not their imagination. They won't stop fighting until it is safe. She will be very . thrilled if the people from the school go the other way. Mayor Houston asked about the timeline for the light on Dublin Boulevard. Mr. Thompson stated we have lost a couple of our key people and we are backed upon some of the capital projects. Hopefully within the next 2 weeks we'll begin. Eventually both Dublin Boulevard/Hansen and Dublin Boulevard/ Silver gate will be signalized. Dublin Boulevard/Hansen will be first. em. Lockhart asked if reminder signs such as Kids at Play would be helpful. *'$ Mr. Thompson stated the problem with signs like this is this is a non-standard sign and kids are not supposed to be playing in the street. l\1s. Corso stated VCC could also have a back drop-off. They grew 700 students and they still have one drop off location. They have preschool through high school. Her daughter, who is a teenager, is off in la la land and she wants to drive. There is no way she will let her drive. Mayor Houston felt the biggest change would be adding two stop signs up and down the hill. . Mr. Thompson clarified they are not recommending two stop signs. Mayor Houston felt the stop signs are needed. You have to ride your brakes going down the hill. A second benefit like on Peppertree and Davona where there is a cut through problem, when you put in stop signs it makes people find other alternatives. If we put them in the middle of the street, this will help residents there. He was talking about on the two courts; Buckeye Court and Bay Laurel Court. This will make a significant difference. People running stop signs will be an enforcement issue. There is always a pro and a con with all these issues but having stop signs will be more of a benefit. It will break the traffic and the speed. The stop sign up at the top will be a lot more effective when the area is built out. Mr. Thompson stated Staff can bring back a resolution for adoption at the next meeting. Walter Kruger, who lives at the corner of Bay Laurel Court and Street stated he has a very good view of this problem. VCC is not the only problem. They are CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 392 . . 100% in support of stop signs. As you come down the hill, he felt a warning sign saying stop sign ahead would be a good idea. Maureen Gatterman, 11556 Bay Laurel thanked Mayor Houston for coming to visit them Z weeks ago. He saw that there wasn't one car that stopped at the stop sign. This is a fairly serious situation. They look forward to the new stop signs. She asked what a collector street means. Mr. Thompson responded they are smaller streets that empty into a larger street that goes into an arterial. Generally about 50 houses would serve into a collector street. In their case, there's over 100. ^1s. ditterman stated she also supports Tina Corso in another drop off for VCC that would be easier for vans to access. When the streets are wet, going down hill with construction traffic and people 5 minutes late for school is very dangerous. Is there something we can add? In the winter it goes from marked to severe. Mr. Thompson stated the problem with signs is that the people living there see them every day and don't pay attention to the signs. Even speed limit signs, most people tend to tune them out. . l\1ayor Houston stated stop signs are legally enforceable. Having peripheral signs wiIllitter the neighborhood with signs that have no impact. What we're trying to do tonight is take care of some of the issues and get some stop signs in. Ms. Gatterman stated they are supportive but want to keep this item open so they can revisit the issues. Cm. Burton stated when Dublin Boulevard is extended to Schaefer Ranch with 78 or so more homes with 10 trips a day estimated per household, they should be glad we have Inspiration Drive for drivers to potentially go down toward the freeway. Cm. Burton commended Police Chief Thuman and stated the Chief went up there today and personally arrested someone. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council received the report, and approved the list and directed Staff to prepare a resolution to put in stop signs at the two courts at the next meeting. ..... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 - PAGE 393 . PUBLIC HEARING INTERIM ZONING ORDINANCE EXTENDING THE 45-DA Y MORATORIUM FOR THE PROPERTY LOCATED AT 7197 VILLAGE PARKWAY PA 98-049 7:53 p.m. 6.1 (450-20) Mayor Houston opened the public hearing. Senior Planner Cirelli advised that this item is before the City Council to consider extending the 45-day moratorium on uses inconsistent with the proposed zone chang"e for the property located at 7197 Village Parkway, the old BP Service Station. The extension of the moratorium is necessary for the preparation of a zone change study for the property. Frank Castillo 7126 Portage Road stated he lives directly behind this property asked for some consideration for those living behind this property. He asked for a retail business or office complex to be considered rather than a restaurant or entertainment facility; hopefully, something that would close by 10:00 p.m. They would be disturbed by the noise. There has been a marked improvement at Taco Bell since they close at midnight. Some uses would be disturbing to residents. Mayor Houston stated this is why the City Council wanted to stop and give some real good thought to what might go on this property. He agreed that office or retail or an appropriate type of restaurant will be okay. They will give some care to the rest of the neighborhood. Mr. Castillo stated the area close to that spot where the Purple Buffalo and Penelope's Garden is located is a nice "cutesy" spot and something similar to this would fit. Mayor Houston stated this will come back before the Council in the future, so they will have opportunity to speak. Mayor Houston closed the public hearing. On motion of em. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING Sep.tember 1, 1 998 PAGE 394 . . . .. . . ORDINANCE NO. 12 - 98 AN INTERIM ORDINANCE EXTENDING THE MORATORIUM TO JULY 21, 1999 ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS AND PERMITS FOR DEVELOPMENT ON THAT PROPERTY LOCATED AT 7197 VILLAGE PARKWAY (APN 941-0210-013, PA 98-049) PENDING THE COMPLETION OF A GENERAL PLAN AMENDMENT AND/OR ZONE CHANGE STUDY .... PUBLIC HEARING .....* REQUEST BY COUNCILMEMBER BARNES TO APPEAL THE PLANNING COMMISSION DECISION TO APPROVE MONTESSORI PLUS. CONDITIONAL USE PERMIT PA 98-030 7:59 p.m. 6.2 (410-30) em. Barnes stated in order to protect the applicant's rights on this issue she will leave her seat on the City Council and resume her seat as a citizen in the audience. City Attorney Silver advised that the Planning Commission approved CUP P A 98- 030 on July 28, 1998, to allow the establishment of a Montessori school at 7234- 40 San Ramon Road, in the Strouds Plaza. On August 2, 1998, em. Barnes filed a written appeal of the Planning Commission's decision. Ms. Silver explained that the first determination that the Council needs to make is whether em. Barnes is a person who may appeal the Planning Commission decision (approval) on the Conditional Use Permit for Montessori Plus under Section 8.136.040(B) of the Dublin Zoning Ordinance. If the City Council concludes that em. Barnes may appeal the CUP decision, the City Council should adopt a Resolution making findings: a) At the Planning Commission hearing, Staff expressed concerns with the CUP application, and recommended against approval. b) The City received a timely and complete written appeal on the Planning Commission decision from em. Barnes. c) for purposes of appeals of Planning Commission actions, City Staff who testify at Planning Commission meetings or prepare written materials for consideration by the Planning Commission are "representatives explicitly" identified as representatives of members of the City Council. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 . PAGE 395 If the City Council concludes that Cm. Barnes may not appeal the decision, the . City Council should adopt a Resolution and make the finding that: a) em. Barnes did not appear at the public hearing in connection with the CUP and did not otherwise inform the City of her concerns before the P!anning Commission hearing and thus she is not a person who can appeal this decision. Ms. Silver explained that for her to participate could result in a violation of due process. Staff is working on a proposed amendment to the Zoning Ordinance.to clarify that a Councilmember may appeal and participate and act on the appeal without violating the due process rights of an applicant. Staff will return with an amendment at a future date. .... Mayor Houston felt the City Council in practice never attends a Planning Commission meeting. He did not feel this is good government. There could be some undue influence. This would be inappropriate. When the ordinance was drafted he felt Staff were personal representatives of the City Council. He sees this as a link and how a Councilmember can appeal. Ms. Silver clarified that proposed language would allow a Councilmember to appeal and to sit and participate. em. Barnes would be allowed to participate and vote. . Cm. Howard stated she agreed with Mayor Houston. Cm. Burton stated he agreed also with Mayor Houston. They are the court of appeal. When you involve yourself in the process, you may have expressed a feeling about it and are no longer qualified to sit as a judge. Cm. Lockhart felt as an elected representative it is not only a Councilmember's right but a responsibility if they see something that needs further attention to represent constituents in the community. They get good sets of minutes and have opportunity to interact with Planning Commissioners. She stated she feels comfortable that they have information available to do their jobs. She respects a Councilmember's right to appeal a decision. On motion of em. Burton, seconded by Cm. Howard, and by unanimous vote (Cm. Barnes abstained), the Council adopted CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1 998 PAGE 396 . RESOLUTION NO. 137 - 98 . MAKING DETERMINATION THAT CM. BARNES IS A PERSON WHO MAY APPEAL THE PLANNING COMMISSION DECISION REGARDING PA 98-030 MONTESSORI PLUS, CONDITIONAL USE PERMIT UNDER SECTION 8.136.040(B) OF THE DUBLIN ZONING ORDINANCE Mayor Houston opening the public hearing. l\1s. Silver clarified that em. Barnes cannot address this as a Councilmember, but she can address it from the audience as a member of the community. :1: Ms. Kinney presented the Staff Report and explained that Rupa Narain of l\1ontessori Plus is requesting a CUP to operate a Montessori school within a 4,732 square foot tenant space located at 7234-40 San Ramon Road in Strouds Plaza. The school would provide educational instruction for 40 children between the ages of 3 and 6, from 7:30 a.m. to 5:30 p.m., Monday through Friday, following the Dublin School District calendar. . Under the Dublin Zoning Ordinance, a Montessori school can be defined as either a community facility providing educational instruction or a day care center for 15 or more children. A community facility and/or a day care center in the C-l Retail Commercial Zoning District and a community facility under the San Ramon Road Specific Plan Area 3A, requires a CUP approval prior to operation. Staff reviewed the public hearing records of the Planning Commission which were part of the Staff Report. At the July 28, 1998, public hearing, the Planning Commission approved the CUP for Montessori Plus on a 3-1-1 vote with Commissioner Hughes abstaining and Commissioner Jennings opposing. Staff advised that em. Barnes appealed the decision and stated 4 areas of concern: 1) The school would be a neighbor to a dry cleaning establishment which uses cleaning chemicals; 2) The school would be located in a space that has been a commercial venture thus impacting sales tax; 3) The other businesses in the shopping center have the need for delivery vehicles which present a safety hazard for children; and 4) The shopping center does not afford the school with adequate and proper play areas for children. em. Lockhart asked about the gazebo area and if they are talking about enclosing the en tire area. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 . PAGE 397 . l\,1s. Kinney stated they will enclose it with a wrought iron fence, but leave a path. They will have a gate in the back with stepping stones to their door, which is approximately 200'. . em. Howard asked if no one else in the shopping area would be able to use the gazebo area. Ms. Kinney stated anyone else wanting to use it could do so at other than school times. There is a second gate in the front. Patrick Davis stated she wished to address some of the concerns of em. Barnes. The play area is approved by the State of California which is very conservative and concerned about the safety and operation of the school. As a parent, her child dances at Cast & Company and she spends 4 days a week there. They have 350 students. The cleaners presents no problem. It is a closed loop system. They also have hired a traffic engineer for a complete study of the traffic impacts related to drop off and pick up of the children. They prepared a very detailed 9 pages and it addresses everything from the use as it relates to the other center retailers and the safety of the children. She also addressed the importance of a Montessori school in Dublin. She stated she lives in San Ramon and she sent her daughter 3 days a week. It is an enrichment program and not daycare. Most parents use it for a period of 3 or 4 hours and during that time she would use . Dublin for grocery shopping and all other kinds of errands. This lends itself as a community service and adds to the quality of life in Dublin. The safety hazard report can be made available. She is a real estate broker and is active in the Dublin community. She has been involved in retail for over 25 years. Some of the older centers need to make changes to make them usable and we are competing with big box retailers. Their use is very complimentary to Strouds Plaza. They talked with a number of tenants and found that they were very receptive. They feel it can't hurt to have 40 parents visiting the location on a regular basis. Valerie Barnes, 7366 lone Court, felt the schooling and care of children are number one on the list of concerns. Her main concern is for the safety of all children. There are commercial businesses, a dry cleaner and drinking establishment and there is a dance studio there. The school would be located in a space that has been a commercial venture and concern is to keep balance in community. Large delivery vehicles will add to safety concerns for children. The gazebo is not a proper place for children to play. Do all the other businesses have doors opening in the back of the center and would this pose a problem for the safety of our students. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 398 . . . . Richard Jeha, owner of the center, stated although they want to lease the space it has never been successful commercial space. It has no identity. They own the center and it is their life investment. They would not put anything in that would be detrimental to the center. Other factors include the fact that it is a needed service. It would enhance the center. There are a couple of tenants who will probably put their own children in it. This is something that would add to the center in terms of its attractiveness. Rupa Narian, Applicant stated she feels like a brok~n record saying the same thing over and over since February. With regard to the play area, the Department of Community Care Services looks after children's welfare and they go out.~nd inspect a facility for an applicant to meet state specifications. She contaCted them and they feel this is completely safe. If it is acceptable to the State of California, it should be all right. With regard to doors opening, the stepping stones will be in the landscaped area. She is putting in the stepping stones at her own expense. This will not pose any danger to the children. This is a small school with only 40 children. Cast & Company dance studio has a lot more. This thing has been blown out of proportion. She discussed another school on Amador Valley Boulevard that has no parking. She asked how they got a CUP. At another school on Dublin Boulevard, the parking is not adequate. Why is this being made such an issue? All the conditions should have been given in the beginning, not one by one. em. Lockhart asked how many children would be in the play area at one time. Ms. Narian responded 14 to 15 children at a time. They actually measure the square footage and the State will tell them the allowed number. There is hardly any time when the whole school will be there; maybe half at one time or 20 children. em. Howard asked what the children will be doing in the play area. Ms. Narian advised that they have a playhouse and a teeter totter. Cm. Howard stated this could not be used by others because they may destroy the equipment. If they have their own toys, others will not be able to use it. Ms. Narian stated this is something they will work out with the other tenants. em. Howard was concerned that the area may not be available to others in the center. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1998 - PAGE 399 Ms. Narian advised that she has to meet the State requirement that says it has to . be fenced in. Ms. Kinney stated the property owners would work with Montessori Plus. This area is part of their lease. Mr. Jeha stated the gazebo is used by one person right now, the local town bum. They have a lot of problems with the homeless people. This area is used just by. the local store people. They said it really isn't important. They thought at one time they may get a restaurant to go in there. It can be made available if someone wants to use the area. -..... Karma Rean stated she handles administration and they have parents interested in enrolling and they hoped to open in September. They had 25 enrolled without advertising. This is mainly due to the impeccable reputation of the two people running this school. The parents realized the school was in a retail shopping center. The City Council should also consider the good judgment of the citizens and people thinking of enrolling their children in the school. If they felt there were safety hazards, they would be concerned. Parents are not oblivious to what is going on. In other cities, there are schools in retail centers. She asked that the City take this into consideration. Many young parents are moving in and they . want good schools. They are willing to pay for good schools. If Dublin doesn't provide them, people won't move into the area. Sandra Gaddenhacker representing Cast & Company Dance Center stated she supports the applicant. They have over 300 students and there has never been a safety issue. They have been there over 7 years. They have a lot of drop off traffic and there has never been safety issues. For the hours the school will be operating, they do not see this as being incompatible with the center. Dave Kambra 11863 Flanigan Court stated he feels for the owner of Strouds Plaza. The school in itself is a good idea. He was concerned about foot traffic and back of the building is probably about 3 feet wide with a cement wall and overhanging trees. It seems dangerous in the winter for kids to walk back there. Auto traffic of people coming out in the morning is also of concern. When the center was built, problems weren't anticipated because businesses don't usually open that early in the morning. If the school were in another location in the shopping center this would be better. Mayor Houston closed the public hearing. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 PAGE 400 . :. . . Mayor Houston stated originally Staff did not recommend this project and he asked for reasons at the Staff level. Ms. Kinney stated they were concerned with traffic and with traffic coming up Amador Valley Boulevard and backing up. The second concern was the consistency with the San Ramon Road Specific Plan with retail and with the distance between the playground area and the tenant space. The majority of the Planning Commissioners disagreed with Staff and approved the project. The San Ramon Road Specific Plan was adopted in the early 80's. em. Burton asked how long the CUP is good for? -~ Ms. Kinney stated it would be a permanent use. em. Lockhart stated when she first read the Planning Commission minutes she wondered what they were thinking in putting a Montessori School in a retail area. Then, the more she read over the minutes and after having had an opportunity to walk around the premises and to see the location, she came to a few different conclusions. The San Ramon Road Specific Plan was written a long time ago and in a period of time when all we had was retail in the downtown area. She still has a feeling that we need to keep downtown viable, but looking toward 2000, childcare is a regional issue and everyone needs a good source of education for their children. At this time, she felt if the businesses and owner of the center are comfortable with this and if the State approves it and says it's legal, she agreed that in this instance, there are ways to deal with the traffic issues, and she stated she supports allowing them. em. Burton stated he has a great deal of respect for em. Barnes and for her to, resist this, there must be something important as she is a real supporter of childcare. He hates to go against the Planning Commission. We do need childcare. He does not like to have a retail center be affected by changing the use to something else. A long rang concern is that the character of the center will change. He stated he supports the school as the Planning Commission indicated. em. Howard stated she is also a supporter of childcare in our City. This is not a childcare facility, but rather a school. She does not feel this is a proper place to put a school. Distance to the play area and traffic bothers her. She stated she does not support it. Mayor Houston stated he felt there is no question schools and childcare are needed. His vision is for our downtown and what we want to turn it into in the CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 . PAGE 401 future. This plan was adopted in the early 80's and right now we are seeing this . come to fruition. Right across the street, with Rite Aid coming in and complimenting the center, this will be very homogenous to this center. Typically when you have schools, karate, and those types of uses, they are in what he calls first generation types of properties, or a 30 year old property. If it were built today it would be built differently. He does not consider Strouds to be first generation, but considers it second generation. With what's happening on the other side of the street and if you start interjecting other types of uses, it is a downhill slide which you never recover from. He does not feel other types of uses to break up the consistency of retail is appropriate. We are planning for the future and trying to make it better. Regarding the examples of daycares on Amac1er Valley Boulevard, these are different properties and different situations. Whenever you have these requests, you have to evaluate them on their own merits. By changing this retail designation to something else, this is a downward spiral. The City Council must decide what is appropriate and what is proper planning. Other locations in the City which may not be available at this time could be more appropriate. We should keep the integrity of the center strong. He stated he is against granting the application and wished them good luck in finding an appropriate location. Cm. Burton made a motion, which was seconded by Cm. Lockhart, to uphold the Planning Commission's approval of this use. Mayor Houston and Cm. Howard . voted against the motion. Ms. Silver clarified that they needed 3 votes to overturn the Planning Commission's approval on appeal. Therefore, the Planning Commission decision stands. Mayor Houston asked em. Burton and Cm. Lockhart to reconsider. Neither indicated a willingness to change their vote. The appeal fails and the school goes forward and the Planning Commission action stands by adoption of RESOLUTION NO. 138 .. 98 AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING PA 98-030 MONTESSORI PLUS NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL WITHIN A 4,732 SQUARE FOOT TENANT SPACE LOCATED AT 7234..40 SAN RAMON ROAD IN STROUDS PLAZA ..... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 402 . '. . . PUBLIC HEARING - STARW ARD DRIVE DEVELOPMENT PLAN, PLANNED DEVELOPMENT REZONE, GENERAL PLAN AMENDMENT AND AN AMENDMENT TO THE DOWNTOWN DUBLIN SPECIFIC PLAN PA 98-013 8:51 p.m. 6.3 (420-30) Mayor Houston opened the public hearing. Anne Kinney presented the Staff Report and advised that this public hearing is for the Council to consider approval of a Planned Development and land use amendment for a residential subdivision of 31 homes on the west side of Starward Drive"..east of San Ramon Road and north of the Shamrock Village Shopping Center. The Starward Drive development project involves 31 detached single-family units on approximately 2.4 acres of land. The application includes a Planned Development (PD) Rezone/Development Plan, General Plan Amendment, an Amendment to the Downtown Dublin Specific Plan, Vesting Tentative Map and Site Development Review. The DeSilva Group has requested approval for the infill project north of Downtown. The site is presently vacant and has been planned for commercial or office development for a number of years. The Applicant has requested approval of a GPA to change the GP Land Use Map designation from "Retail! Office" to "Medium Density Residential", which permits residential densities between the range of 6.1 to 14 dwellings per gross acre. The Medium Density Residential land use category allows for single-family, duplex, townhouse and garden apartment land uses. Unit types may be the same or varied. Proposed density for the Starward Drive project would be 12.9 units per acre. A rezoning of the site would be necessary to bring site zoning into consistency with the proposed GPA as required by State Law. A Zone Change from "c-o (Commercial Office)" to "Planned Development" has therefore been requested. The Planning Commission adopted a resolution recommending approval of the GPA, an Amendment to the Downtown Dublin Specific Plan and PD Rezone and adopted a resolution approving the Vesting Tentative Map and Site Development Review. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1998 - PAGE 403 A community meeting was held on Wednesday, August 5, 1998, at 7964 Gunshot . Court and approximately 20 neighbors attended. No member of the public spoke at the Planning Commission public hearing regarding the project. Staff discussed the Site Plan, Reciprocal Easements, Architecture, Parking, and Landscaping and Fencing Plan. The Applicant shall be required to pay the Public Facilities Fee and. an in -lieu fee for neighborhood parks in accordance with Condition No. 78 of the Vesting Tentative Tract Map approval. The project includes a private tot lot and mini- park setting, however, the Applicant will not be eligible for a credit against the Public.-Facility Fee or the in-lieu fee for neighborhood parks for the provision of this amenity. In conclusion, Staff stated the proposed project creates a unique transition development which will augment the existing single-family development while providing a buffer to the commercial uses, and will blend well with its surroundings. Jay Egy, with the DeSilva Group acknowledged their agreement with the Staff Report and encouraged a positive vote. Cm. Burton confirmed that they had local neighborhood meetings. . Mr. Egy responded that they had one meeting and over 20 people attended. City Staff was also at the meeting. They answered many concerns they had. No one appeared before the Planning Commission. em. Lockhart asked with regard to guest parking if any spaces are designated for handicapped. Mr. Egy stated right now they are all handicap accessible because of the way they are designed, but none are designated. They could go back and see if this is a requirement, and if so, they would be happy to add it. Cm. Lockhart commented on the mitigation measure #12 related to painting of curbs for fire lane. Don't they feel this would be important? Mr. Egy stated they agreed with that mitigation measure at the Planning Commission hearing. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 404 . . . . Cm. Barnes asked for clarification regarding on street parking and that there is none on site. Two spaces are in the garage and Z in driveways. Mr. Egy stated there are additional spaces within the Pl'9ject. Not all the homes have driveways. Some are 5' long driveways. Spaces are interspersed within the project. em. Barnes stated she worries about this place on Thanksgiving: Mr. Egy stated there is also parking on the other side of Starward Drive and they are in close proximity with the shopping center. -... Mayor Houston closed the public hearing. Cm. Burton commented he is very happy to see this property get cleaned up and approved. Mayor Houston inquired as to the status of the empty lot across the street and commented that this would be a great site for a school. The City Council briefly discussed the dental office building and the Applicant stated the vacant property is a single parcel. Cm. Lockhart stated at the entrance and exit and at corners of some complexes, there are speed bumps. Was consideration given to reminding people when coming into the project to slow down? Mayor Houston asked about the distance from Starward Drive to hook up with most westerly point where the road begins. Mr. Egy stated it is about 170'. They propose at both entrances to have a 6' wide strip of decorative pavement. A much wider strip will be in the back. They feel that having paving will break up the asphalt and people will be more cautious. A narrow curve will control the speed also. Mayor Houston asked them to work with Staff and have further dialogue on what is appropriate. On motion of Cm. Burton, seconded by em. Howard, and by unanimous vote, the Council adopted CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 - PAGE 405 RESOLUTION NO. '139 . 98 . ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM AND APPROVING A GENERAL PLAN AMENDMENT AND AN AMENDMENT TO THE DOWNTOWN DUBLIN SPECIFIC PLAN FOR PA 98-013, THE STARWARD DRIVE SITE and waived the readirig and INTRODUCED an Ordinance and scheduled the second reading for the City Council meeting of September 15, 1998. ... PUBLfc HEARING EMERALD POINTE DEVELOPMENT AGREEMENT PA 98-025 9:06 p.m. 6.4 (600-60) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and advised that this is the second reading of an Ordinance approving a Development Agreement between the City of Dublin, Opus West and Alameda County Surplus . Property Authority for the Emerald Pointe project. The DA is required by the Eastern Dublin Specific Plan. Items included in the DA include, but are not limited to, the financing and timing of infrastructure and the payment of traffic, noise and public facilities impact fees. The DA furthers the goals of the GP and Eastern Dublin Specific Plan by requiring new development to fund the costs of its infrastructure and service. The City of Dublin, Opus West and Alameda County have agreed on the sequencing of infrastructure construction, the payment of impact fees as well as other items required by the Eastern Dublin Specific Plan. No public testimony was entered by any member of the public relative to this Issue. Mayor Houston closed the public hearing. On motion of em. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council waived the reading and adopted CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 406 . . . . ORDINANCE NO. 13 - 98 APPROVING DEVELOPMENT AGREEMENT FOR PA 98-025, THE EMERALD POINTE PROJECT .. RECESS At 9:08 p.m., Mayor Houston called for a short recess. reconvened with all Councilmembers present. .. At 9: 12 p.m., the meeting .~ LIBRARY PLANNING TASK FORCE REPORT 9:12 p.m. 8.1 (940-60) City Manager Ambrose recognized and thanked those who participated in the process. Both Chair Paul Moffatt and Vice Chair Connie Spence were introduced and all members were asked to stand. County Librarian Linda Wood, Deputy Librarian Joy Cadone, Dublin Branch Manager Pat Zahn and em. Barnes participated and Bonnie Leonard was invaluable in moving the process along. John Heiss and George Miers & Associates were also involved in the process. Mr. Ambrose advised that the Library Planning Task Force recently completed their study and produced their Report. The Task Force recommends that the City pursue construction of a 37,000 sq. ft. library at the Dublin Civic Center. This recommendation was reached following a thorough review of the information received by the Task Force since they convened in September of 1997. The 37,000 sq. ft. library would include: 1) dedicated library space (based on .6 sq. ft. per capita) - 34,000 sq. ft.); 2) Friends of the Dublin Library storage and workspace - 600 sq. ft; 3) Community meeting rooms - 2,400 sq. ft. The Task Force suggests constructing the library using a phased approach as follows: 1) construct a 37,000 sq. ft. library building shell and finish 20,000 sq. ft. of library space to become operational by the year 2003; 2) expand library services to 34,000 sq. ft. as the City's population and library tax revenue increases to support that population; 3) expand library service hours to 40 hours per week with 60 hours per week as a desirable goal if funding becomes available; and 4) consider a parcel tax to fund the capital cost shortfall and operating costs, if necessary. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 - PAGE 407 Paul Moffatt, Task Force Chair, discussed the Task Force's recommendations. They had over 20 members in their group. A lot of people in the community are very interested in this. . Cm. Burton congratulated everyone for putting in all the hours. He asked if there was any. consideration given for a facility less than 20,000 sq. ft. Mr. Moffatt stated they did discuss this and it became obvious that it would be less expensive to put up the shell and then grow into it like the way the Civic Center was built. He felt we will have the money within 4 or 5 years and the parcel tax would be necessary only if we want to speed up the process. The City Counoil has a major decision to make and they would like to see this start as soon as possible. It will take about 42 to 48 months to do this. There's a whole litany of projects where decisions need to be made. He thanked the City Council for allowing them to have this Task Force and thanked the group who came to the meetings. Mr. Ambrose discussed funding as detailed in the Staff Report, including capital costs, operating costs and a parcel tax. Capital cost estimate is $12,000,000 for complete construction of 37,000 sq. ft facility. Current public facility fee would raise $6,800,000. New Public Facility . Fee could raise about $9,300,000. City would need to fund $2,700,000 to $5,200,000 depending upon fee revision. With regard to the impact on other City projects, Mr. Ambrose stated Staff anticipates that $24,700,000 in Public Facility Fee Revenue will be collected over the next 5 years. The 1998-2003 CIP currently includes the following Public Facility Fee funded projects: Emerald Glen Park Phase I; Civic Center Expansion; Dublin Ranch Neighborhood Park; and Schaefer Ranch Neighborhood Parks. The total cost of these projects is estimated to be $8,475,000. Thus, the available balance of Public Facility Fee Revenue is estimated at $16,225,000 under the current fee structure. Construction of a new library utilizing the available Public Facility Fee Revenue may impact the City's ability to proceed in the near future with other Public Facility Fee funded projects, depending upon the Council's project priorities. Is the Library highest priority when utilizing Public Facility Fees when compared to: Emerald Glen Park Acquisition Emerald Glen Park Improvements Beyond Phase I New Sports Park New Aquatics Center CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1 998 PAGE 408 . . . . New Community Center New Recreation Center/Gymnasium New Senior Center Community Theater Mr. Ambrose stated further analysis on the need for additional public meeting space will need to be undertaken as part of the library space plan. In order to utilize Public Facility Fees to fund the additional 2,400 sq. ft. of community meeting rooms recommended by the Task Force, the proposed 23,000 sq. ft. community center in Emerald Glen Park would need to be reduced by 2,400 sq. ft. .... Mr. Ambrose stated with regard to project timing, the total time from notice to proceed to move in will be about 43 months. / In order to proceed with the development of a new library at this time, additional Staff resources will be required to manage the project. Currently, there are 39 projects funded as part of the 1998-99 CIP; all requiring project management time on the part of senior staff. There are insufficient Staff available in the FY 1998-99 Budget to function as project manager for the library project. If the City Council is interested in pursuing the planning/design during IT 1998-99, Staff would need to develop a plan for handling project management responsibilities. Mr. Ambrose discussed disposition of the existing Library building. The City retained the services of a firm (Group 4/ Architecture, Research & Planning, Inc.) to determine the program needs for a senior center, to evaluate the present Library building, and to develop a conceptual floor plan for a proposed senior center at the Library. Group 4 has determined that the Library building could be renovated to meet the program needs for a senior center, but not without major remodeling of the building. The Senior Center Advisory Committee provided input on the program needs for the senior center and reviewed the conceptual floor plan for the proposed senior center at the Library. The Committee supports renovation of the Library building to a senior center. Mr. Ambrose explained that the Dublin Library building was financed by General Obligation Bonds which will be retired in March of 1999. The Dublin Library Corporation owns the Library building and leases it to the County in exchange for annual lease payments provided from property taxes. When the bonds are paid off, title will vest with the County. The City would need to negotiate a transfer of ownership from the County in order to pursue reuse of the building for a senior cen ter. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 . PAGE 409 In summary, Mr. Ambrose suggested that the City Council accept the Library . Planning Task Force Report and if the City Council concurs with the Task Force's recommendations, the Council should determine whether the Library Project should proceed ahead of other Public Facility Fee financed projects already identified. If the Council wishes to pursue the Library Project during FY 1998- 99, Staff should be authorized to: a) prepare a plan to address project management for the Library and report to the Council; b) secure consultant services to update the Public Facility Fee; c) pending resolution of (a) above, authorize the preparation of a Request for Proposals for consultant services to prepare a space plan for the new library which would also address whether the additional meeting space proposed by the Library Task Force is best suited for the libra:r:x or the new Emerald Glen Park Community Center; d) authorize the City Manager to develop a financial plan to address the portion of the capital cost which cannot be funded by the Public Facility Fee. Cm. Burton asked if there was any public survey made of any type during this process. Mr. Ambrose stated no formal survey other than members talking with people they came in contact with. Karen Dyer confirmed that just the group and general conversations took place. . Mayor Houston asked for comments from any of the Task Force members. Linda Wood, County Librarian stated she wished to go on record in support of the recommendations of the Task Force and of the City Manager on how to proceed. She commended the City for its planning process. She has worked with about 20 different communities on library space planning projects and believes we have had one of the finest processes to make informed and intelligent decision making. She also has a lot of respect for the analysis and the fiscal aspects and the ongoing operating costs. This was included very thoroughly in this analysis. We had excellent consulting services; John Heiss is very qualified on library matters and fiscal matters. Mayor Houston asked about an increase in library funding in the State Budget. Ms. Wood stated she does not have firm estimate yet on increased revenue. It will flow into their budget and they will have to determine whether they can use it for operating costs this year or books, equipment and resources for the people to use. Since the early 90's they are still losing between 8 and 9 million dollars per year. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 410 . . . . There is considerable support in the Assembly to return some of this revenue to libraries. Unfortunately, the Governor and the Senate don't support this. Connie Spence, 7385 Hansen Drive stated everyone wa~ts more hours. Also, no new taxes. Cindy Raymond, 6860 Amador Valley Boulevard stated they really spent a lot of . time on site selection. This site at the Civic Center is visible and centered and this is a center point in town for all sides. They did a survey among themselves and the first concern was why build a new library when we don't have enough money to keep the old one open. This was why they wanted more hours. Friends of the~ibrary raise money through used book sales and they get a lot of books donated. They don't have enough room to hold these for their sales. It was very important that they have storage space at the new library and to have a community room to display them for their used book sales. They pay for a lot of programs which the County can't afford to pay for anymore. This space is im portan t. Karen Dyer 6892 Sage Court stated not only was a tremendous amount of effort put into this, but a lot of compromise was made. They wanted to come before the City Council with a plan that was not a pipe dream, but rather one that can be accomplished without additional taxes. She stated she hoped they came up with a plan that the Council can support. em. Lockhart asked about a bond issue on the ballot in November for libraries. Ms. W cod stated they were trying to get a library construction bond in November, but unfortunately it didn't make the last hurdle. She feels there is considerable momentum in library supporters around the state, but the next ballot it could go on would be at the primary election in 2000. Cm. Lockhart asked about timing of looking at a new Public Facility Fee. Mr. Ambrose stated we have been working with an appraiser to look at land values and our current schedule is to have this fee back to the City Council in late October. Cm. Lockhart asked if we have a facility of about 1,200 sq. ft that she could visually compare with? CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 PAGE 411 Mr. Ambrose stated Z rooms the size of the Regional Meeting Room would be . similar. em. Lockhart questioned the statistic that only 52.6% of the library users come from Dublin. . Mr. Ambrose explained the impacts of being on the County line with our library. Dublin has a substantial number of residents from Contra Costa County that use our library. The problem with getting our own library is that people in another county do not pay property tax to operate our library. The library tax that goes to operations is only about $380,000 and we kick in about a quarter of a million dollaq"from our general fund. Being located on the county line, we don't have an opportunity to capture all the property tax. Mayor Houston stated it is easier to provide the services when we have the money coming in. Albany has the same situation. Mr. Ambrose stated about 12% of our circulation is from north Pleasanton. Cm. Lockhart asked the Task Force members if they came up with one or two overriding reasons for wanting a new library at this point. . Ms. Spence stated the library is too small. Mr. Moffatt stated the buildout population growth should be .6 times the per capita number. em. Lockhart stated right now we have .63 per capita, but it was pointed out that as we add people that number will get smaller. Mr. Moffatt stated they want to have an adequate library to serve the population as it grows. With the time constraints, they need to start thinking about it now so they can have it by 2010. Mr. Ambrose stated construction could start in about 20 months. Planning and construction would take about 43 months. em. Burton asked if there is any demographics that determine why one library is more popular than others. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 PAGE 412 . . . . Mr. Moffatt stated he felt convenience is a strong point. Dublin and San Ramon are the same socio-economic areas. At one time there was consideration to develop both into one city. When he had his pharmacy and store, a lot of his customers came from the Foothill Road area of Pleasanton. Old habits die hard. Joy Cadone, Deputy County Librarian but speaking as a Dublin resident, stated library buildings get out of date very "quickly. They are doing a cabling project right noW and there are just physical problems with the building. Eve~ if they didn't build a new building, they would have to remodel the existing library. This is a wonderful city and people really care. The City and the City Council is doing more and more to make people feel focused on the City. Everything we're doing~il1 draw people into a community. She has heard that San Ramon is already thinking of a new building, because theirs is already too small. Cm. Barnes stated she felt people coming here is tradition. We just sort of flow one to another. There is a pride about the care we take in our community. Mayor Houston stated he agreed with the recommendations of the City Manager on how to proceed. Operating decisions will be handled in the future. It doesn't mean anything to talk about operational hours, but regarding capital, they can move forward. He stated he will never be in favor of a parcel tax. We have the money and we can figure out how to get it done. He felt we should be honest about not changing our community plan and not delete space from our community center in the park. If the additional space is needed, we should figure in the costs for that. We should acknowledge whatever deficit right noW and we will have to figure out how to bridge this. This is a more honest approach. There will be discussions in the future regarding the existing library and we should instigate discussions and proceed on a separate track for that. The biggest reason to go forward with this now is pride and being technologically on the edge and we need to figure out how we can best serve people in the future. 'I11is makes it fun and exciting. The space plan will be the fun part in order to better serve people in the future. The pride portion is very important. After the first phase of Emerald Glen Park, this will be next. Cm. Barnes asked how the City would move on to utilizing the current library for the senior center. Mayor Houston suggested that the Council have Mr. Ambrose initiate discussions with Alameda County. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 - PAGE413 On motion of em. Burton, seconded by em. Barnes, and by unanimous vote, the . Council accepted the Task Force Report and determined that the Library project should be placed right after the first phase of Emerald Glen Park for Public Facility Fee financed projects, and authorized Staff to take the following actions: a) Prepare a plan to address project management for the Library and report to the Council; b) Authorized Staff to secure consultant services to update the Public Facility Fee; c) Authorized preparation of a Request-for Proposals for consultant services to prepare a space plan for the new library (with under~tanding that no meeting space should be taken from the Emerald Glen Park Community Ceriter); and authorized the City Manager to develop a financial plan to address the portion of the capital cost which cannot be funded by the Public Facility Fee. The Council also authorized the City Manager to initiate discussions with Alameda County regarding the transfer of the current Dublin Library building to the City. ... COSTS ASSOCIATED WITH FUNDING ADDITIONAL LIBRARY HOURS 10:23 p.m. 8.2 (940-60) City Manager Ambrose presented the Staff Report and advised that at its July 7, 1998 meeting, the City Council approved an agreement with Alameda County for . City provision of 14 additional hours of service at the Dublin Branch of the Alameda County Library. The annual cost for these 14 hours in IT 1998-99 is $224,247. The Council also requested that Staff investigate the cost of opening the Library for 4,5 or 6 hours on Sundays. The number of hours at the Dublin Library were last increased from 31 to 34 hours by the County in IT 1997-98. . Mr. Ambrose advised that the County Librarian indicated in a letter dated July 20, 1998 that the annual cost of funding Sunday Library- hours would be: 4 Hours = $53,727; 5 Hours = $63,829; and 6 Hours = $80,650. If the City Council is interested in funding additional Library hours during FY 1998-99, the City would be responsible for the pro-rated portion of the annual cost for the balance of the year, plus a one-time start-up cost of $8,276 to cover the County's expenses related to recruiting, hiring and training new employees to staff a new Sunday schedule. In the best case, 4 additional hours on Sundays could be provided no earlier than November 1, 1998. The implementation of 5 or 6 additional hours on Sundays could be provided no earlier than January 1, 1999. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1998 PAGE414 . . . . l\1r. Ambrose explained that another consideration which could potentially impact the cost of additional Sunday hours, as well as the City's current cost of funding all hours at the Dublin Library, is the likely withdrawal of the City of Pleasanton from the County Library system. An evaluation of the fiscal impacts of Pleasanton's withdrawal has not been completed by the-County at this time. Cm. Barnes verified that the one time start up cost savings for implementing . .sunday hours would only be $8,276. Mayor Houston asked about expanding the hours during days we are already open and what the cost difference would be. .... County Librarian Linda Wood stated they were asked to cost out Sunday hours. They could pull other scheduled hours together and they possibly could be substantially less. Wednesday mornings would be significantly less costly. Sunday hours are always extremely popular. She stated they would be happy to check out some optional costs and report back. em. Burton stated he has had a lot of requests for Sunday hours. He felt we should have Sunday hours open from 1 to 5 p.m., to start in January for the remaining fiscal year.. This is the best use of time. Cm. Barnes asked if it is possible in a reasonable amount of time to give people a choice. We can get more bang for our buck to open more hours per week than on Sunday. Ms. wood stated they will be doing a survey of users regarding their preferences. They won't have this until January, but they will then have the preferences of the people. This would be a good way to go about a decision making process. They will have a professional research firm do a poll for them in each of the communities they serve. Their goal is to complete the poll by December 31. Mayor Houston felt the direction of pursuing more hours is a great idea, but just figuring out the best day. If we wanted to not have it open on Wednesdays, but open 8 hours on Sundays, or should we lengthen out with bigger chunks of open hours. Ms. Wood stated there are a lot of complicated factors when setting open hours. It is really confusing to people when we open different hours on different days. Sundays from 1 to 5 p.m., have turned out to be very effective use. Pleasanton and Fremont are still open on Sundays and they are heavily used. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 PAGE415 Mayor Houston stated he thought it would be more expensive to be open more . days for less hours per day than open less days but for longer hours. Mr. Ambrose suggested that it would be important to have Ms. Wood cost out weekday hours and it is certainly important to understand what the community wants. Mayor Houston stated if we were to close on Wednesday and Friday and then open 8 hours the other days, this would be a gain of 6 hours. He requested we cost this ou 1. Mr. AqJ.brose stated kids might have a problem with homework assignments if the library is closed on Wednesday. Mayor Houston felt the important thing is how to make the most bang for the buck. em. Burton stated he felt the important thing is to have the library open consistent hours. The reason for opening Sunday is for this very thing. He doesn't want to lose 6 months. We should go forward with opening on Sunday starting in January, and then if we want to change in July we could do this. . Cm. Barnes concurred in that the 4 Sunday hours wouldn't start right now anyway. em. Burton made a motion to direct Staff to meet with Alameda County and to fund additional expenses from reserves, including start up costs, to start 4 hours on Sunday to begin in January and to be funded through July. Mr. Ambrose requested that they give conceptual direction. Staff has to bring back the agreement with specific costs. The City Council agreed that they will review the survey at the end of the year. Ms. Wood added they will try their hardest to be ready by January, but their ability is dependent upon their ability to hire enough people to cover the schedules. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 416 . . . . On motion of em. Burton, seconded by em. Barnes, and by unanimous vote, the eouncil added 4 additional library hours on Sunday until the end of Fiscal Year 1998-99, and directed Staff to bring back the contract with Alameda County indicating the appropriate dollar amount. .. REVIEW OF PROPOSED DUBLIN RANCH STREET LIGHTING 10:45 p.m. 8.3 (820-35) Public~orks Director Thompson presented the Staff Report and advised that the developers of Dublin Ranch have proposed the use of a decorative street light for residential streets in lieu of the standard cobra head light that has been used in other areas of the City. The maintenance costs for the proposed light is estimated to be as much as 42% higher than the maintenance cost for the type of lighting that is currently used. This cost difference would affect the street light maintenance assessment charged to the homeowners in Dublin Ranch. Mr. Thompson stated at this time, Staff was requesting that the City Council reviewed the proposed street light and provide direction. The primary issues at this time are: 1) Is it appropriate to have two standards for street lighting within the City, with the proposed decorative lights being more expensive to maintain? and 2) If the answer to (1) is yes, then is the proposed design acceptable? Mr. Ambrose stated there is some thought that street lighting districts may be challenged in the future under Proposition 218. Mayor Houston felt if the increased cost is passed on to that development, this is an upgrade and he is not worried about having 2 or 3 different types in the City and it is an enhancement. This is an upgrade over what we have and as long as costs are passed on to that area and the rest of the City is not subsidizing it, why are we discussing it? Mr. Ambrose stated from a maintenance standpoint, we don't want to have 13 different lights. The main issues are do you like the design and do you have a problem with the homeowners in that area paying a higher fee and the question may come up with people at the AD hearing questioning why they have to pay more. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1 998 . PAGE 417 l\1ayor Houston felt this particular design will be for a large area. He wasn't . concerned that we will have different lights. We may end up with 2 or 3 different ones. Mr. Thompson stated they will have about 1,500 lights to serve about 5,800 homes. It is the residential area of Dublin Ranch. Cm. Lockhart stated she felt the decorative lamps look nice and it would be easy to justify why they have to pay a little more. Mr. Ambrose stated Staff feels uncomfortable with allowing a bulb that is not even r~ted by PG&E. Cm. Lockhart suggested we use HPS (high pressure sodium) bulbs. Cm. Barnes stated she has grave concerns about potential problems with the assessment district coming back, but has great faith in Staff related to informing people how this works, so we won't have a problem. em. Howard stated she would go along with this. Mayor Houston asked if the fiberglass poles can be painted. . It was reported that these poles hold up much better than steel poles. Fiberglass poles have been around for about 25 or 30 years. They can be painted. The paint is in the surface and it lasts much longer than most painted poles. A speaker who did not identify himself stated they would like to use unrated metal halide bulbs. The tariff rate for 70 watt is unknown, but the 100 watt tariff rates are comparable. Mayor Houston asked if the rate would be incorporated into the assessment district and passed on. The City is not at risk on this. He questioned the advantage. Jim Benia, a member of the Illuminating Engineers Society stated this is a very current and very big deal in the lighting community these days; metal halide. Research shows we have been lighting roadways with the wrong lighting for many years, using the high pressure sodium lighting. The evidence is very clear that you can't see very clear using HPS. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE418 . . . . Mayor Houston asked why it hasn't been rated yet. Mr. Benia stated he believes it is just now becoming evident we need to use lower level metal halide lighting in residential areas. The more common practice in North America is using high pressure sodium. These paPers are just noW being published. Once PG&E has to develop a rate, they will develop a rate very quickly. - Mayor Houston asked if it will be rated within a year? Kenneth Peters stated they are willing to take the risks that this gets rated so they can in~all metal halide. Mr. Ambrose stated they are planning their utilities and given the design of the new decorative street light, asked if it is possible to use the HPS on that fixture without altering their utility plan. The response was yes, if they ignore the research. The same type lamp can be used. If they don't get a rate by the appropriate time, they can go to sodium and not lose any time on the project. Mr. Thompson stated the timeline needs to be done by next August and we will need to know 3 or 4 months before that. Mayor Houston stated he wants to support them, but if it is not rated we have to have a methodology to know what to charge the people in the assessment district, otherwise we are in trouble. em. Burton clarified that the new lights will not match existing lights. Mr. Thompson stated the space will be closer together and there will be more of them. On motion of em. Lockhart, seconded by em. Howard, and by unanimous vote, the Council approved use of the decorative 20' high poles and the use of metal halide as long as it is rated and comparable in price by the time it's used. ... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September L 1998 PAGE 419 OTHER BUSINESS 11 :08 p.m. . Upcomin~ Meetin~s (610-05) Mr. Ambrose stated there will be a Downtown Dublin Task Force meeting on September 9 at 8 a.m. . Mr. Ambrose advised that a flyer had -been distributed to the Council on the notice from the Alameda County Transportation Authority advising that they're having an open house related to the 1-580/1-680 project. It will be held on September 17, from 4 to 7 p.m., at 4790 Broder Boulevard, which is the resident enginetr's field office. .. Tires Behind Former BP Station (530-20) em. Lockhart commented that she noticed that at the former BP station on Village Parkway & Amador Valley Boulevard, there's a whole bunch of tires in the back. She requested that Staff look into this situation. . Cm. Lockhart stated she is still noticing at the northwest corner of Village Parkway and Amador Valley Boulevard that the fence is down and the weeds are up. Mr. Ambrose stated Staff is going through the process of weed abatement on all those locations identified. The Fire Department is diligently working on these, but it does take time. Cm. Lockhart advised that a couple of houses on Amador Valley Boulevard have some extremely tall weeds. Mr. Ambrose advised that if she could provide addresses, Staff can determine if they're in violation of our Property Maintenance Ordinance. Cm. Barnes stated it has been over a year since the fire at the Workbench and the fence posts are still up. ... CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1998 PAGE 420 . . . . Traffic Si~nal Out (590-40) em. Barnes reported that she noticed while driving east on Amador Valley Boulevard at Stagecoach Road, the light in the certain section traffic signal isn't working. ' Staff reported tney had received a call about this and it should have been repaired today. .. $,~ Recyclin.2: Surveys (810-60) em. Barnes reminded everybody of the surveys related to recycling issues that came to people's homes. Everyone should make sure the survey gets back to waste management. .. New WHEELS Buses (1060-20) em. Barnes commented on the letter from LAVTA about buying new buses. They can go and look at the new ones on September 18 from 11 :45 a.m. until 1 p.m. on Friday and there will be barbecue. .. . Fireworks Lesdslation (650-60) Mayor Houston stated he had requested an item be on the agenda tonight to support AB 209 to authorize sale of fireworks from December 26, 1999 to January 1,2000. We didn't have to support the bill, however, because the Governor already signed it. The City Council can now deal with this and allow service groups to participate in the festivities by selling fireworks. We will ring in the new millennium in style. .... CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING September 1, 1998 PAGE 421 Proper Procedure for Appeals (610-05) . Mayor Houston stated he had a message for the young lady who banged on his door on Saturday about a ticket she had received. (1fyou7 or anyone7 feel you have been wronged by any ticket you7ve been given by the police or the code enforcement officer; we have a process whereby you can appeal This will be heard by a third party. You can also come to a Counci11neeting and hopefully evelybodys personal plivacy and rights can be protected 77 She came to his house and he happened to be there taking care of his children. This was inappropriate. ... -"'iz. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11: 16 p.m. . Mayor A TrEST: City Clerk ~ CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING September 1, 1998 PAGE 422 .