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HomeMy WebLinkAboutItem 4.01 Spec&RegMtg07-25-1995 . . '. . SPECIAL MEETING - July 25, 1995 A special meeting of the City Council of the City of Dublin was held on Tuesday, July 25, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was a joint meeting with the Dublin Unified School District Board of Trustees. The meeting was called to order at 6:01 p.m., by Mayor Houston. ..............................+............................ ROLL CALL PRESENT REPRESENTING CITY: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. REPRESENTING DUBLIN UNIFIED SCHOOL DISTRICT: Board Trustees Cobb-Adams, Kohnen, Ledahl and Patterson. Board Trustee Kamau arrived at the meeting at 6:10 p.m. ABSENT: Board Trustee Meyer. ................,.,..........,+,................................. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. ,.................................+.......w......................, PROPOSED VALLEY HIGH SCHOOL COMMUNITY GYMNASIUM 8.1 (280-30) Mayor Houston explained that the purpose of this joint special meeting was for both legislative bodies to discuss a proposal developed by the City/School District Liaison Committee for a community gymnasium at Valley High School. Parks & Community Services Director Lowart explained that as a result of past requests from the community and the need to make revisions to the Agreement between the City and the District regarding use of facilities, the City Council approved formation of a Community Facilities Task Force (CITF) in February of 1995. The purpose of the Task Force was to study, report and make recommendations on community facility needs in Dublin for both school and community use. Following a series of meetings, , recommendations were presented to the City Council/School Board Liaison Committee. Ms. Lowart advised that the top priority of the Community Facilities Task Force was construction of a community gymnasium to meet the growing needs of organized sports leagues sponsored by the City as well as local community groups. Currently City and community grou ps compete for gym space with school sponsored programs. ******************************************************************************************.********** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 384 4.1 Ms. Lowart stated the crrF considered possible locations for an additional gym and determined that the proposed multi-purpose room identified in the preliminary masterplan for Valley High School could be enlarged to meet the needs of the community. Since Valley High School seldom needs to utilize the gym after school, at night or on weekends, the gym could be available for community use during the peak use periods. To meet the needs of the community, the size of the proposed multi-purpose room/gymnasium would be increased from 6,000 square feet to approximately 10,000 square feet, and would include bleacher seating for up to 400 and storage areas for both school and City use. Also, it is proposed that the kitchen would be modified in order to accommodate a concession area and that the restrooms would be enlarged to provide a changing area. . Ms. Lowart stated the estimated capital cost f<;,r construction of the proposed gym and related facilities is $2,080,000. The estimated annual cost for maintenance, utilities and supervision of the gym and related facilities is $71,538. A detailed breakdown was included in the Staff Report. The City Council/School Board Liaison Committee has given conceptual approval for the proposed community gym at Valley High School and has discussed potential terms for an agreement between the City and the District. District Responsibilities 1) District would fund 100% of capital construction costs . 2) District would maintain building including interior and exterior surfaces, . electrical and mechanical systems, roof, plumbing, etc., at no cost to City 3) District would guarantee City/community use Monday-Friday from 3:00 p.m. to 10:00 p.m. and Saturday/Sunday from 9:00 a.m. to 10:00 p.m. District could reserve facility for District related functions 6 times per year to be scheduled at the beginning of each school year. City Responsibilities 1) City would reimburse District for 100% of the annual operating costs 2) City would reimburse District for expenses related to the repair and maintenance of gym furnishings and would reimburse District for any damages to the interior of the facility incurred during the times of City/community use 3) City would schedule City/community use and provide qualified supervision during times of City/community use at no cost to District 4) City would make facility available for District related functions 6 times per year 5) City would levy, collect and retain all facility use fees for City/community use of the proposed community gymnasium (all fee schedules would be approved by District) **************************************************************************************.************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 385 . . . . As discussed by the Liaison Committee, the terms of the proposed agreement would be for a period of 10 years with an option to renew the agreement for additional 5 year increments. For the first 3 years of the agreement, an annual review would be undertaken; after 3 years, a biennial review would be undertaken for the remainder of the agreement. In addition, the Liaison Committee discussed and recommended that the City make the Dublin Swim Center available to the District from February through May of each year for the purpose of conducting swim team programs, swimming instruction and other appropriate aquatic programs at no cost to the District. The current Agreement provides that the District will reimburse the City for 1/3 of the actual operating cost of the Swim Center and 100% of the cost of supervision. Over the past 5 years, this has amounted to approximately $6,250 per year. It should be noted that if DHS was not utilizing the Swim Center during the spring months, the City would not need to open the facility until Memorial Day weekend. Consequently, the actual cost to the City to open the Swim Center for use by DHS during the months of February through May is approximately $20,000. Ms. Lowali distributed a crrF roster and also a document "Timeline and Actions Related to the Proposed Community Gymnasium at Valley High School". In summary, Ms. Lowart stated the proposed community gym at Valley High School has received the support of the Community Facilities Task Force, the City's Parks & Community Services Commission and the City/District Liaison Committee. Like the CrrF, the Parks & Community Services Commission also views the Valley High School Community Gymnasium as its top priority. The proposed project and resulting agreement represent another example of the cooperation between the City and the School District which ultimately benefits the residents of Dublin. As the final development gets further in the process, neighborhood meetings would be held to gather input. Mayor Houston felt that part of the impetus for this was when the gym at Camp Parks burned down last year. This created a bad situation. He spoke with Bob Cowan about . rebuilding and they are looking at building a gym that will accommodate 2 basketball courts near the Chapel on H Street. They will work with the community to use the gym at some times, but they will have expanded use on their base. They will probably begin expansion in the spring and they emphasized that it will be primarily for Army use. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 386 District Architect Roy Miller with the firm Deems Lewis McKinley discussed the design of. the proposed facility. Visuals were shown and Mr. Miller indicated the proposed placement on the site. Cm. Burton asked about parking. Mr. Miller stated there is an existing area of parking in front of Valley High and a new area would be developed to the west of the Montessori building with about 32 additional spaces. The total number of spaces will be about 75 for a 400 seat facility. He indicated they had discussed this and stated people felt this was adequate. Cm. Burton asked about getting some additional parking spaces. Mr. Miller showed an area on the site where a track area will displace the existing tot lot. The tot lot will be relocated. He felt this was an area open for discussion. Cm. Burton asked how difficult it would be to have a stage of some sort and if this had been discussed during the process. Mr. Miller stated they talked about this somewhat with Valley High School more than with Parks & Recreation. A building that is built as a gym does not lend itself beautifully as a theatre. It is not ideal. Valley High is more likely to use the family/community room as a theatrical space. There are also acoustical conflicts. . Ms. Lowart stated the P&CS discussed this and the recommendation was that the greatest need at this time is scheduling sports facilities. The recommendation was that this facility should be geared for sports facilities. Other facilities in the community can pick up other needs for dances, concerts, etc. Very few requests come in for use of the gym that is not of a sports nature. Mayor Houston asked about the seating in the theatre at Wells. Mr. Miller stated it would be somewhere in the 500 range. Wells has a current lot and they will develop additional parking, so parking will be somewhere between 100 and 110 spaces. . Board Member Cobb-Adams questioned the comment about the Dublin Unified School District paying 1/3 of the cost for use of the swim center. Ms. Lowart clarified that they pay 1/3 of the cost for the days they use it. Board Member Kohnen commented on the need for additional facilities, but expressed concern about the $2 million it will take to do it. When they received budget costs, the **..************************************************************************************************* CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 387 . . . . amount listed for Valley was only about $1 million. Over a 10 year period, the City would be giving back money, but at least initially the Dublin Unified School District needs to put out the money. She was concerned about what they won't be able to do if they spend this extra $1 million. The school board hasn't really talked much about this. Jeanne Howland, Assistant Superintendent - Business, commented that the $1 million budget was for a multi-purpose facility and there is also an amount of money allocated, about $ 3/4 million, for administration. They allocated $ 1/2 million for allocation space remodel. It is not all gym, but the costs were increased because they will tear down existing administrative space and build new. At the time this was done, the district's portion of the cost was estimated to be $1.3 million. There is adequate money in contingencies to cover this but the board would need to discuss it. Board Member Kohnen clarified under City responsibilities that the City will contribute the $71,000 per year. Ms. Lowart explained that the costs that the Dublin Unified School District has control over, the City will reimburse. The City would hire their own building attendant so it would not be a situation of the City giving the school district $35,000, but rather, the City would pay for that staff person. The indirect costs would be included. Board Member Kohnen asked if there is any impact on the Dublin Unified School District's insurance. Ms. Howland explained that legal counsel would review the agreement. There has been no problems in the past. The City provides them as additional insured. Board Member Kohnen stated she was going to question whether the Camp Parks gym had been taken into consideration, but Mayor Houston had addressed this. Ms. Lowart discussed the fact that typically a gym facility is taken out of service for a 1 month period every year. Board Member Ledahl recapped some of the information which had been presented. If they approve the concept they are committing to a $2 million gym at Valley High. He noted questions on insurance and the impact on the Montessori School. The ultimate . question is why this wasn't agendized by the Dublin Unified School District before they got to this point of voting on the concept. The school board has not discussed this in an open meeting. Ms. Lowart stated the Liaison committee directed Staff to schedule this joint meeting. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 388 Board Member Cobb-Adams stated the concept is to agree to something and then take it to the public. The public will then know what to address. . Mayor Houston felt it was important to meet jointly at this stage in order to avoid going back and forth over details. By meeting together they can give joint direction. Everyone is going along on the same page. Board Member Ledahl felt they've missed a page by not having the school board discuss this before this stage. By voting tonight, they are committed to it. He's had less than a week to make a decision and did not feel capable to vote on it at this time. Board Member Kohnen stated she also would have liked to have seen it on an agenda. On May 19 they received a summary from the task force but it did not have any dollar amounts attached. Board Member Cobb-Adams stated this all came out of the last liaison committee meeting. Questions should have been addressed earlier. Board Member Kohnen said she didn't have an opportunity to ask the questions. The school district is, after all, the one putting up the $2 million. Board Member Patterson felt expediency should be kept in mind. They can gain by tying this in with the renovations at Wells and be able to save money. This will have to go to . the State Department of Architecture and this will cause a delay. We're most likely looking at 2 years before the gym can actually be used. Both sites could be done at the same time. At the last liaison meeting they decided that the best thing to do would be to have a joint meeting and move forward as quickly as possible. After every liaison meeting, there has been verbal reports to the complete board. Mayor Houston felt that they must first decide if they want to do this. The Dublin Unified School District cannot do this alone; the City cannot do it alone. By pooling resources, we can save constituents a lot of money and give the people something they want. Do we want to serve the people or do we want to have meeting after meeting? Cm. Moffatt suggested that what they are doing tonight is looking at the concept. A draft agreement will be prepared and this is when a decision is made. He saw this meeting as . discussing an agreement and to go forward or not go forward and talk about it. Mayor Houston felt this is a way to get going sooner than later and to speed it up and still have questions addressed and give the public. input. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 389 . . . . Cm. Burton pointed out that only 10 minutes remained before the scheduled City Council meeting. Mayor Houston advised that the joint meeting would continue as long as necessary. Betsy Chapman, 11579 Circle Way stated she is an incoming freshman at DHS. She felt this facility needed to be approved tonight. Many groups fight for space. Dublin sports teams are not nearly as competitive as they could be if they had regulation size facilities. This facility is desperately needed. Jeff Chapman, 11579 Circle Way read a letter fromJ. Vanloon asking are we tired of seeing kids doing all sorts of non productive types of things. Are we serious about attacking these problems. This facility will serve as a positive influence for years to come. Not only should we build it, we need to wear it out from use. Mr. Chapman stated he felt the P&CS Commission has worn this topic out. Only 3 numbers are really relative anymore: 2,2,000 and $700,000. Two is the number of gyms we have in the community now. This means as many as 2,000 in our community fight for space at odd times. For a difference of approximately $700,000 you can take a facility that was already proposed, and build a larger more needed facility. Bob Miller, 8133 Via Zapata stated he was a member of the crrF and coaches CYO basketball. There's no question we need more space. He is a firm supporter of sports. We have a lot of excellent athletes in Dublin and we see them playing on other city teams. Kevin Gillmore, 11815 Bloomington Way with St. Raymond's CYO basketball stated they felt they reach out even though they are a private group. With the space they have, they just can't do it. They compete with schools and they are just looking for some time. Quite often schools have some last minute things that come up. If they get a community gym it would spread out to other organizations as well as basketball. Steven Jones, 7762 Tamarack Drive stated he had been involved since about 1987 with CYO. His son graduated last year. Basketball has suffered for years in this town due to lack of gym space. Volleyball teams for both girls and boys are growing. Between the two spOlis, they all need gym space. There is also a big need for adult space and for youth to have a place to go and this is an ideal situation. CYO opens their arms to . anyone who wants to play basketball. Dennis Parrish, 6841 Hyde Court has been involved with youth sports for about 8 years since his son was 5 years old. This is just the tip of the iceberg. More and more children are coming up and he would like to see his son be able to continue to participate in sports here in Dublin. Little league just finished and practice space was an absolute prime ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 390 concern for all the coaches. Too crowded fields create potentially dangerous situations. He urged the City to think positively about this. They should ask the Police Department about sports participation being a solution to youth problems. . Chris Lamb, 7882 Crossridge Road has been involved with CYO basketball and baseball for several years, also with clinics. This City does not have the space. Many kids try to share a gym to try to improve their skills. He did not feel this facility should be multi- purpose. We should take advantage of facilities that we have for other events such as dancing. He still plays in an adult league. Kids come to the clinics and they're not particularly good, but they enjoy going through the drills. He is 100% behind this. It's terrible to go a couple of blocks across the freeway and see their immaculate facilities. John Westerlund, 7316 Cronin Circle felt we need a gym. When he plays at CYO they practice at Wells and their courts are too small. They weren't very good and many teams don't practice enough. He and his friend decided to paint curbs to earn money to contribute to this gym. He thanked CTV30 and the Tri-Valley Herald for giving them exposure and Cm. Burton for getting the Rotary Club to sponsor them. He hopes they get this gym because they really need it. Margie Wong-Gilmore, 11815 applauded youth in the community for being so forthcoming with their endorsement of this facility. She was involved in the crrF as a participant because this was something that is important to her. We have very tired facilities for sports in this community. We need to make some renovations and to take . advantage of opportunities like this as they come up. The P&CS Commission discussed if this would be the vehicle for expansion. We definitely need to expand some of our pl'Ograms. We can reach more youth by combining these facilities that mean so much to youth sports. She attended a school board meeting about a month ago where there were a lot of parents who have kids involved in athletics. She recalled someone who spoke and said he remembered in growing up, the sports programs he was involved with more so than even the teachers. She urged the City Council and the Dublin Unified School District Board to go forward and not wait for a long period of time on this. They have an opportunity to make a difference. Bob Fasulkey, 7776 Topaz a member of the crrF stated they put a great deal of effort putting this effort together. He is generally not an advocate of sports programs and usually sees academic needs first. One thing that struck him, however, was that this plan . was very well thought out. Due diligence has been shown and it is now appropriate to go forward with the concept. Dick Stein, 11524 Marwick Drive was on the crrF and they will be discussing many of the other projects in the future. Obviously a lot of people are interested in this project and recognize the needs. The timing fits together because of what is happening at Wells. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 391 . . . . He encouraged both groups to approve the project at least in concept. Details, even though significant, can be worked out. This project is critical time wise. If this is halted, it could be a serious detriment to this project. At least get the building built. All the other things can be worked out. It is vital for our community. George Cramer, 7700 San Sabana Court felt almost everything he wanted to say had been said. He is president of Dublin United Soccer League which has about 900 kids. He is also on the P&CS Commission. He urged the City Council and the school board to move forward with the project. Mayor Houston closed the public input portion so that the 2 bodies could deliberate. Board Member Cobb-Adams stated when this was discussed at the liaison meeting, she and Board Member Patterson thought the change related to the swim center would start next year instead of at the time the gym is compete and available for use by the community. She requested consideration for the new arrangement to at least start not next year, but the following year. Mayor Houston explained the fiscal year situation of budgets running July through June. The soonest this would occur would be for construction to start next summer. The City Council did not feel they would be picking this up until the building is completed and this would be 2 years. It might be reasonable to pick it up when the building is under construction. He felt this could be a compromise for FY 1996-97. Board Member Cobb-Adams felt this was a reasonable compromise. Cm. Barnes felt it was reasonable. In looking at the map, the Wells site would be adequate for parking. This has been a long time coming and tonight would be to approve conceptual terms. It's a wonderful thought to know they are one for the benefit of the community. Cm. Moffatt concurred with the swimming pool discussion. Mayor Houston stated he respected Board Member Kohnen's comments about the costs. Staff will be reviewing this and will repOli back. . Cm. BUlion complimented the task force and stated it was impressive to see all who have been involved in this. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 392 On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the City Council approved the conceptual terms for the joint development of the Valley High School Community Gymnasium and directed City and District Staff to prepare a draft agreement for consideration by each agency's legislative body. . On motion of Board Member Patterson, seconded by Board Member Ledahl, and by unanimous vote (Board Member Meyer absent), the Dublin Unified School District Board approved the conceptual terms for the joint development of the Valley High School Community Gymnasium and directed City and District Staff to prepare a draft agreement for consideration by each agency's legislative body. Board Member Ledahl stated he wished to add a comment that all board members be a part of the future process. ................ + ........................ ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 7:21 p.m. ............ '. . Mayor A TrEST: City Clerk ....................... ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25,1995 PAGE 393 . . . . REGULAR MEETING - July 25. 1995 A regular meeting of the City Council of the City of Dublin was held on Tuesday. July 25. 1995. in the Council Chambers of the Dublin Civic Center. The meeting was called to order 7:33 p.m.. by Mayor Houston. ......................+........ ROLL CALL PRESENT: Councilmembers Barnes. Burton. Howard. Moffatt 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. ...... ........... ................. PLAQUE TO STEVE LOWEREE /610-501 Mayor Houston presented a plaque honoring steve Loweree. Maintenance Superintendent with MCE Corporation for his service to the City of Dublin. Steve was recently promoted within MCE and will be working out of their office which is moving to Dublin very soon. Steve thanked the Mayor and City Council and previous City Councils for all the support they have given him and his company as a whole. He has learned a lot from Mr. Ambrose. Mr. Thompson and Ms. Lowart. He is saddened that he won't continue working directly with everyone. but is leaving us in good hands with Dean McDonald. He will be supervising MCE's maintenance contracts among other things. .......................+'..N...... CONSENT CALENDAR On motion of Cm. Howard. Cm. Burton. seconded by Cm. Burton. and by unanimous vote. the Council took the following actions: Approved Minutes (4.1) of Study Session Meeting of July 8. and Regular Meeting of July 11. 1995; *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 394 Received (4.3 320-30) the City Treasurer's Investment Report as of June 30, 1995, showing the City's investment portfolio totaling $22,006,245.38 with funds invested at an average annual yield of 5.874%; and . Adopted (4.4 820-90) RESOLUTION NO. 80 - 95 ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH A RIGHT-OF-WAY LINE FOR DUBLIN BOULEVARD FROM THE EASTERN BART ACCESS DRIVE TO HACIENDA DRIVE Received a Status Report (4.5 200-20) related to reactivating City fountains; and Approved the Warrant Register (4.6 300-40) in the amount of $1 ,418,692.48. Cm. Barnes pulled Item 4.2 from the Consent Calendar and stated she would like the City Council to formally thank the Women's Club of Dublin. They are a great group that always wants to support the Senior Center. On motion of Cm. Howard, seconded by Cm. Moffatt, and by unanimous vote, the City Council Accepted a gift (4.2 150-70) of a Cuisinart Classic Food Processor valued at $150 for use at the Dublin Senior Center from the Women's Club of Dublin and directed Staff to prepare a formal acknowledgment to the donor. ................N................................ . PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL A CREATIVE PLAYSCHOOL CONDITIONAL USE PERMIT PA 95-017 7:37 p.m. 6.1 (450-50) Cm. Moffatt stated he would disqualify himself from this discussion and vote due to a conflict of interest in that his wife is in the childcare business. Mayor Houston opened the public hearing. The Planning Commission on June 19, 1995, unanimously denied a request for a CUP to operate a child care center in a single family home at 6837 Amador Valley Boulevard. The center would have a maximum attendance of 30 children, ages 2 through 5 years. The Applicants, Janet A. Zupetz and Dawn R. Bowen have appealed the decision to the City Council. **********************************************************************************.************************ CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 395 . . . . Associate Planner Jeri Ram reviewed the Staff Report which covered project description, Land Use/General Plan, Environmental Review, State of California Policy, City Regulations, and Planning Commission Meeting. Under Staff's analysis, areas addressed were noise and parking, traffic and accidents,. Ms. Ram stated Staff evaluated the increase of traffic and parking that would occur at maximum capacity of the daycare center with a worst case scenario. The analysis found that there are adequate legal parking areas to allow for 6 cars to park for 6 minutes at the same time. This would allow for 6 parents to drop off their children at the same time without parking adjacent to any of the neighbors' properties. At maximum capacity, the facility would have a staff of 4 persons. All staff parking would be provided on site; 2 within the existing garage and 2 on the driveway. Additionally, concrete would be poured adjacent to the driveway and the path to the house. This would provide for 2 on-site parking spaces for parents visiting the Center, in addition to the staff parking spaces. Ms. Ram stated complaints had been received from citizens regarding traffic at Amador Valley Boulevard and Brighton Drive, especially during the morning preschool drop off hours. Presently, traffic is controlled by a stop sign on Brighton Drive at Amador Valley Boulevard. The City commissioned a study in 1994 to see if the intersection met all-way stop sign warrants. The study found that the traffic and accident rates at that intersection did not warrant an all-way stop sign. Traffic would have to more than double on Brighton Drive before the traffic warrant would be met. A copy of a letter received earlier today by the Planning Department from Beverly and Kenneth Wright, 7236 Newcastle Lane and Carole and Richard Patrick, 7258 Newcastle Lane was distributed to the City Council. ("Dear Planning Commission: We ore writing to voice our opposition to the above proposed Preschool facility. A facility of this size, at this site, would create enormous traffic problems at the intersection of Brighton Dr. and Amador Volley Blvd. This is already on extremely busy intersection at key travel times during the day. The students en route to both Fredenksen Elementary and Dublin High Schools travel via these slreetslintersection os well os those en route to Wells Intermediate. We hove students attending two of these schools and fear for their safety. There ore no stop signs or crosswalks at this intersection which is dangerous in itself. With 0 proposed preschool of up to 30, these additional cars would create gridlock of on unimaginable magnitude. Also, the parked cars dropping off and/or picking up children will further odd to 0 chaotic situation. We feel it would be in the best interest of ourselves, our neighbors and the neighborhood itself to reject this project unless it is severely scaled down in size or, more better, relocated to on area that could handle such 0 iarge project. Thank you for your attention to this matter. Signed by Beverly & Kenneth Wright and Carol Patn"ck. ''J A copy of a letter received earlier today by the Planning Department from the Blakes, 7192 Newcastle was distributed to the City Council. ("DEAR PLANNING COMMISION BOARD, WE ARE VEHEMENTL Y OPPOSED TO THE PROPOSED CHILD CARE FACILITY AT THE CORNER OF BRIGHTON AND AMADOR VALLEY. WE FEEL THERE HAS TO BE SIGNIFICANT CHANGES TO THE INTERSECTION BEFORE A FACILITY OF THE PROPOSED SIZE COULD OPERA TE SAFEL Y. FOR NO LESS THAN 250 FAMILIES THAN DROP OFF KIDS A T *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 396 FREDERICKSEN AND WELLS THE DA YCARE TRAFFIC WOULD SEVERL Y HAMPER THESE MORNING TRAFFIC PATTER. NOT TO MENTION ADD TO THE ALREAD Y STRETCHED SAFETY PROBLEMS A T THA T INTERSECTION. IN ADDITION THE STUDENTS AT DUBLIN HIGH SCHOOL WOULD HA VE THERE TRAFFIC AFFECTED. WE ALSO FEEL THAT THE IMMEDIATE IMPACT ON NOISE AND TRAFFIC MA Y LOWER THE VALUE OF THE HOMES IN THE AREA AFFECTING THE REGIONAL TAX BASE. I FEEL IT IS THE BEST INTEREST OF THE CITY OF DUBLIN IF THE PROPOSED DA Y CARE PLAN BE SCALED WA Y DOWN OR MO VED TO A DIFFERENT LOCA TlON. WE THANK YOU FOR YOUR COOPERATION IN THIS MATTER. VERY TRULY- THE BLAKES" [sic]) Ms. Ram displayed slides of the project site. Cm. Burton questioned the widths of the side yards in this area and asked about setbacks. Ms. Ram stated she had not measured this. Cm. Burton asked if CC&Rs were involved. Ms. Ram stated the City does not administer any. If there is a homeowner's association they would have to approve this use. Mayor Houston felt any CC&Rs for this area would not typically be what we see in newer developments. Ralph Hughes, Attorney representing the Applicant stated he also lives in this area. With . regard to CC&Rs, there are some in effect. They are fairly old. There is also another daycar about 3 doors down on Amador Valley Boulevard. If CC&Rs were prepared today, they would probably be quite different. Staff members have already examined this project very carefully and find that there are no significant impacts on the community. This is a well traveled area of roadway. During peak times, it is also well traveled by vehicles, pedestrians, etc. This is not a quiet subdivision. The Staff Report clearly indicates that there is already a fair amount of noise in this area. A CUP is intended to deal with the interest of the public at large rather than just a few. People opposed have various reasons for their opposition. Their opposition does not represent the public as a whole. The home was purchased solely for this purpose. No one will reside in the home; it will be used solely as a daycare. They have complied with all licensing laws. There is a lot of government involvement at various levels. Noise is not and should not be an issue. There are a lot of things that annoy people. Having a daycare center is a necessary and important use. The City Council must consider if the GUP falls within the mandates of law and whether this use serves the use of the general public. City Staff has very carefully examined all the issues and they are neutral. The result is there is no significant negative impact and this must be balanced with the positive impact that the City would benefit by having quality childcare. He felt the only real issue is whether or not there will be unreasonable congestion and traffic. This project will be of great benefit A********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 397 . . . . for the City. He requested that the City Council follow Staff's recommendation and approve the project. Mayor Houston read comments submitted by Georgia DeStefano, 6825 Amador Valley Boulevard. "I personally feel the above mention subject before you should NOT be grated. I do not feel this location is safe and condusive to the well being of the community. I did not wish to live next to a school and when purchasing my home I had the choice and did not seek residence across the street from a school. Please do not approve of this request #PA-95-0/71 do not believe a vacant home in the evening and weekends to create a security and vandalize. " {sic} Mayor Houston read comments submitted by Art Bielski, 6813 Amador Valley Boulevard. "CAN I ALSO START A BUSINESS IN MY GARAGE??" Mayor Houston advised Mr. Bielski that as long as it were an allowable home occupation and if he went through the proper process and got a business license, he could indeed start a business from his home. Allan Owens 6802 Amador Valley Boulevard stated he spoke recently when we were trying to increase the speed limits on Amador Valley Boulevard. The degree of concern about traffic issues is great. He gathered a lot of signatures expressing a number of concerns about traffic on Amador Valley Boulevard. A lot of people have problems backing out of their driveways. He discussed the daycare that is present there now. It's licensed for about 10 or 12 kids and they have about 7 kids. He watches traffic coming and going from this facility. It is not disruptive, but it's on the verge. If you multiply this by 3 and move it down to a crowded corner, you will have gridlock. Anyone who doesn't believe this should go there when school is in session. It is a danger to kids and a traffic hazard. With regard to the comment of daycare being in the public interest versus the neighborhood being a selfish group, there are a number of people opposed to this daycare center. This is a bogus argument and doesn't wash. In a lot of communities, he has noted daycare centers in commercial areas. You see these creative solutions because other communities hold the line. Dublin should also. The argument that they already have traffic problems and are a noisy neighborhood, so just go ahead is ridiculous. The statement that the home was bought solely for daycare purposes, the Real Estate agent expressed surprise that he didn't know this was the reason for the purchase. A question that was asked before the Planning Commission was why didn't they get a contingency based on getting their approvals. Staff said neither approve or disapprove, they didn't recommend approving the project as the Attorney said. The Planning Commission seemed convinced that this was the right idea, but in the wrong place. He hoped the City Council would stand behind the Planning Commission on this. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 398 Lois O'Reilly, 6969 Amador Valley Boulevard stated she had owned her home for 14 years. and sold real estate in the valley for 15 years. What she has seen is if you own a home on a busy street, it is difficult to sell. In cities where you have a combination of residences and businesses on the same street, it is even worse. She felt this would negatively Impact traffic in the area and also create more noise. There is another daycare center at the end of the street. Their signage is obnoxious. She did not purchase her home to be in a business district. She is opposed to any kind of business that has visibility on a street whatsoever. Cindy Raymond, 6860 Amador Valley Boulevard lives across the street from the proposed daycare. No one can convince her that there won't be a sign. She and her neighbors make frequent u-turns there. The right turn on to Brighton Drive from Amador Valley Boulevard will be completely useless. She hoped the curb on Amador Valley Boulevard would be painted red so all the traffic would be on Brighton Drive. When kids are going to Frederiksen and Wells, as well as to the high school, she could imagine that cars will be parking across the street. Parking is the number one problem with this. You can't get rid of all the cars at once. James Key, 6848 Brighton Drive stated he lives next door to Dr. Krekorian who lives at 6842 Brighton Drive. Since his house is the one directly next to this property he asked him to deliver a letter. He works in his home part-time. He read Dr. Krekorian's letter. "Re: Project 95-017 A Creative Playschool located at 6837 Amador Volley Blvd. Dear City Council Members, . My nome is Don Krekorian and I live at 6842 Brighton Dr., next door to 6837 Amador Volley Blvd. Due to 0 commitment to my employer, 10m out of town and con not personally be here at the meeting tonight. I hove asked my neighbor, Mr. Jim Key to read this letter to you, so you know my position regarding this issue. I hove lived with my two children, Matthew, age 8 and Eml7y age 5, in Dublin since Oct. 1993 and om proud to call Dublin my home. When my faml7y and I were looking to buy 0 home in the TfI~ Volley area, we looked in all of the surrounding cities, Pleasanton, Livermore, Son Ramon, and Danville. In many of these areas we found nice neighborhoods, clean parks, and good schools. After looking at many homes, we decided to buy this house that we currently live in. Our decision on the Brighton Dr. location was mode because of 0 couple of factors: 1. A quiet residential neighborhood 2. The house is centrally located between Fredriksen Elementary, Wells Middle School and Dublin High. At the Planning Commission Hearing, June 19, 1995, regarding this issue, las well os many of my neighbors, addressed 0 number of issues os to the opposition on the granting of the permit. I would like to make sure that you hove reviewed my position and issues, and I hove attached 0 copy of that letter to this one. I understand that there is 0 need for chl7d core in the State of California, Alameda County and the City of Dublin, and I don't claim to hove the answers that would solve this very important issue, but I do know that the City government must toke every step to assure that its residents concerns ore addressed. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 399 . . . . At the Planning Commission hearing, I addressed four reasons as to my opposition: I. Traffic. 2. Safety. 3. Noise. 4. Property Values. Tonight, I would like to state a fifth reason: The purchase of a residence for the purpose of opening a business. The house wl71 not be occupied by its owners for the purpose it was intended for, a home, but will be used as a place of business. The owners of the house do not even live in the city of Dublin, they live in Pleasanton. I have a big concern regarding that. I am not opposed to child care in a house, if the owners live there and are using this as a way of providing income to their family, but I believe that businesses should be located in the properly zoned areas of the city. Mrs. Zupetz stated at the Planning Commission hearing, .they had looked for a house in different cities before deciding on the Amador Valley Blvd property and this brought up several questions: Why Dublin? What is the City of Pleasanton's position on this issue? What is the City of Livermore's position on this issue? What is the City of San Ramon and Danville's position on this issue? Would the residents on Silvergate support this? Would the residents of Briar Hill support this? Would each of the Council members support this if it was next door to their home? In closing, I would like to request the City CounCJ7 review this issue vel}' closely, review the minutes of the Planning Commission Hearing and support the residents of the city. I have also attached a copy of a petition signed by 31 residents who live near 6837 Amador Valley and are opposed to the granting of the permit. Thank you for letting Mr. Key read this to you on my behalf. Don Krekorian 6842 Brighton Dr. (Attachments were: Letter to Planning Commission dated June 19, 1995; Diagram of his Iioor plan; Letter to Planning Director dated June 19, 1995; Copy of petition opposing the CUP signed by 31 people; Letter to Dublin City CounCl7 from 'The Neighbors of 6837 Amador Valley Blvd signed by 32 people.) Mr. Key reminded the City Council that the Planning Commission decision was unanimous. This is a safety concern for the neighborhood. Mayor Houston read comments submitted by Angelina Fountain, 6980 Doreen Court. 'Traffic; Exposure to noise (both for the chl7dren, & the neighborhood); corner lot unsafe because of the possibl7ity of accident; I live with a home in the furthest point of my yard' the noise level is tremendous; I bought my home to live in, not for a profitable business venture area; we don't need more noise; vandalism on business during the off hours; (sic) Mayor Houston read comments submitted by Dawn Gallup 8375 Davona Drive. '7 don't think that this location is a vel}' good spot for a center. As you know there are many faml7y chl7dcare home nearby, Plus on the other end of the street behind AM-PM is already a childcare center. I feel that this is a childcare over load. Thank you." (sic) Floyd Chavez, 7444 Stagecoach Road stated he was one of the 62 petitioners. He has lived here since 1970 when this was a small community. He understands the Zupetz are residents of Contra Costa County. The lawyer commented that it doesn't bother him because he lives in Pleasanton. Dublin people have been called a lot of names over the years. If they want a business, let them locate in a commercial area. We will end up with a used parking *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR .MEETING July 25, 1995 PAGE 400 lot. He does not appreciate the thought of having a business like this in a residential area. . He is a businessman and pays his taxes. He drives home on Amador Valley Boulevard every day. There is a lot of traffic. He is opposed, along with 62 others, having this childcare come into Dublin. Mayor Houston read comments submitted by Betsy Key, 6848 Brighton Drive. ';4s the Planning Commissioner stated, it's a good idea but definitely the wrong location. Safety is the main issue. The house is located at a very busy intersection & my concern is for the safety of the chl7dren. " Leonard DeStefano, 6825 Amador Valley Boulevard stated he is opposed to this proposal. Questions were asked of him related to CC&Rs, and he asked the Council to elaborate. Mayor Houston explained that CC&Rs means rules called covenants conditions and restrictions. A project operates under these rules. Usually all areas have them but they vary quite a bit. Mr. DeStefano expressed concern about the Pleasanton address given by the applicant. He tried to locate Old School Road on the map and found out it is actually in Contra Costa County rather than Pleasanton. He understood that a CUP was to be applied for during the purchase of a residence. He thought they had to state to the lending agency what they plan for the property. He questioned if it was stated to the lending agency that they planned to use it for a business when they took out their loan. Many of the people who live in the area have lived there for many years. There are many retirees. He works nights and i. home during the day when this congestion will occur. He pointed out that in addition, new East Dublin traffic will be added when that area develops. Many of the people will probably let their engines idle during the time they are dropping off or picking up their children and this will not be good for the environment. This would be 30 cars twice a day to add to the poor air quality. We do have a noise ordinance in Dublin and it indicates that noise should subside within 15 feet or not be heard within 15 feet. Mr. Krekorian's yard is within 9 feet from this property. With regard to creative solutions, there are a couple of vacant schools in Dublin that could be rented or leased and used for this specific purpose. In acquiring the signatures, they are not just from the immediate area but from a cross section of Dublin. There were only 2 people that were hesitant and did not sign the petition. This means that approximately 97% of the population are against this proposal. If the City Council wants more signatures, he questioned how many they should get. Dawn Bowen stated she lives at 6700 Dougherty Road and she travels Amador Valley Boulevard at all hours of the day and night. She has never seen the traffic jams the people are discussing. She jogs there regularly. She doesn't want to create a school like environment for her children, but would rather have a home environment. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25,1995 PAGE 401 . . . . Mayor Houston clarified comments about the address being in Contra Costa County versus Pleasanton and stated he was aware of situations with the post office where the address sometimes gets listed in a postal area when it is physically located in another area; sometimes addresses do not jive. With regard to lender information, this is not in the purview of the City. They could have paid cash for the property for all we know. In any event, the City does not involve itself with this. Janet Lockhart, 8136 Creekside Drive stated as a business woman in the community, she stood up for daycare. She knows what it is like to need daycare and to have employees who need daycare. This is a critical need in our community for people to have their children close at hand. Contrary to seeing this as a deficit for the community, she saw it as a positive. We can attract things because of this. She lived for about 10 years in a home that backed up to a daycare on Dublin Boulevard. She could hear the kids on occasion, but she greatly preferred this to freeway noises. Janet Zupetz, Applicant 5525 Old School Road, Pleasanton, stated when she addressed the Planning Commission she went through her childcare philosophy. If something is not good for children, you do not do it. Parking was addressed. A parent handbook is provided. All these things can be addressed in the handbook. A friend of hers who has a daycare center in Hayward actually blocked out a schedule for parents to drop off their children. Things like this can be addressed. She would be happy to address any concerns of the neighbors. She believes totally in a non-violent childhood program. She doesn't want the neighbors saying they're the bad guys. The sign on My Space to Grow is a big sign and perhaps the person who addressed this sign didn't look around Amador Valley Boulevard. There are a lot of cars and boats. Mr. Krekorian is a male and does business out of his home. She is a woman and questioned if she has a right to have a business from her home. With regard to the concern about parents leaving their engines idling, this can be put in the handbook and addressed. Cm. Barnes asked if she had applied to the State yet. Ms. Zupetz stated no she has not. The licensing could be for less than 30. Cm. Howard asked if there is a problem starting earlier so the drop off time could be earlier. Ms. Zupetz stated she opens at 6:30 a.m. What's best for children is to have a 10 hour day in c'hildcare. She hates to extend the hours. Sandra Chavez, 7444 Stagecoach Road commented that this is a zoned residential area and not a commercial area. This is not a home, when someone doesn't live there and is running a business there. Therefore it will be a commercial business building. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25,1995 PAGE 402 D. Gallup, 8375 Davona Drive stated they just moved into the community. She is a childcar. provider and understands how she will have her handbook. From being in the business for 15 years, it doesn't go that easily. Childcare is desperately needed. Family home is needed for infants and a center is usually to give a school environment. Parents don't always go by the handbooks. This will be a problem. This is a difficult location traffic wise. She is licensed for 6 and she has a parking problem. There is usually a 5 to 10 minute span when parents arrive. Family day care homes can only go up to 12. A center belongs in a business setting. 8:48 p.m. Mayor Houston closed the public hearing. Cm. Burton asked City Attorney Silver if there were any special rules since this is an appeal. City Attorney Silver stated no. Cm. Burton felt there was no doubt that there is a public need. People need a place for their children. The neighborhood is involved because people bought their homes there. From a legal standpoint, it has been determined that a CUP is allowed in this neighborhood. Staff was neutral in their appraisal. When you get into inconvenience, noise, etc., this is very subjective. Traffic safety is very important and becomes a judgmental issue. His perception is that people dropping their kids off who are late to work would be in a hurry and double park if they had to. Signage is not a problem as far as he was concerned. If a business is . legal, they are entitled to a sign. They bought a home to go into business. It was inconceivable to him that they would purchase a home without being sure they could use it for this purpose. If the appeal is not granted, they could rent the house, or sell it, or live in it. The home is still there. They did not prepare properly for the application in this neighborhood. Cm. Barnes clarified that the Zoning Ordinance recognizes that daycare centers in residential are a permitted use. The State Legislature has adopted laws to encourage childcare facilities in home settings. She has to see to childcare for a grandchild. She would like them to stay open to extended hours. She did not feel they would be licensed for 30 children because of size. She encouraged the rule to go to 9 am before the children can go outside. Children laughing and playing should not be classified as noise. She noted that the appearance of the home at this time is less than desirable. This brought up property values. This house needs a great deal of work. We should absolutely not allow any parking in the front on Amador Valley Boulevard. Children do not belong in commercial businesses where there is not the family atmosphere. With so many parents working in this community, children coming to and from school can go to this facility as a safe house. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 403 . . Cm. Howard referenced that there are no empty school facilities in the area. She is hesitant to put children in an office space area, particularly after the bombing in Oklahoma City. There is a daycare center on her street. The kids know exactly where to go. They feel comfortable that they can go there. The kids will not be out by themselves. She did have a problem with traffic and would prefer that it be open at 6:30 am. She would not want to see 30 children there, but could see no more than 20. She also was going to bring up the State the California policy that Cm. Barnes referenced. She would like to see any sign that's put up be considerate of the neighbors. Mayor Houston questioned why they need a sign. He did not feel this was necessary. Ms. Zupetz stated once they get established, word of mouth is all they need. This is their best sales tool. Mayor Houston agreed with em. Barnes' idea about no parking on Amador Valley Boulevard. This would be a good alternative. Staggering the starting times would help somewhat also. Even though the public hearing had been closed, Mayor Houston stated he would allow further audience comments. . Georgia DeStefano stated she thought we started a program of safe house for kids with a sign in the window a long time ago. She has assisted many kids. There's a real hazard going on all along Amador Valley Boulevard. Cm. Howard felt this program had fallen through. Ms. Zupetz stated she would like to set up her center with what they call a block home. If there are any children walking she will have an open door policy. They can come in if they have a bathroom need, to call parents, if they are afraid, etc. They could also start their center at 6:30 a.m. if this would be preferable. Cm. Burton questioned the 8' fence and if this would be in the alternate approval. Mr. Tong stated an 8' fence could be a condition of approval. Cm. Burton asked if this could be a cinderblock fence. Ms. Zupetz stated they anticipated putting in a lot of shrubs. *********************************************************************************************************** . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 404 Mayor Houston felt a fence is more of a visual thing and not really for noise. . Cm. Burton stated he would make a motion with some conditions. The Conditions of Approval which he wanted included: 1) The daycare shall open at 6:30 a.m., with staggered times for parents to drop off children; 2) it shall be limited to no more than 20 children; 3) a small sign would be allowed to begin with, and then the sign must be removed; 4) fence must be 8' in back; 5) no parking on Amador V<;:llley Boulevard; 6) children can't go outside to play until 9:00 a.m.) Mayor Houston stated he wasn't crazy about allowing any sign at all. Cm. Barnes did not feel daycare in homes need a sign either. Cm. Burton agreed to remove this as condition #3. No sign would be allowed. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote (Cm. Moffatt abstained), and with conditions of approval to include: 1) The daycare shall open at 6:30 a.m., with staggered times for parents to drop off children; 2) it shall be limited to no more than 20 children; 3) fence must be 8' in back; 4) no parking on Amador Valley Boulevard; 5) children can't go outside to play until 9:00 a.m., the Council adopted RESOLUTION NO. 81 - 95 ADOPTING A NEGATIVE DECLARATION FOR PA 95-017 A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE PERMIT . and RESOLUTION NO. 82 - 95 APPROVING PA 95-017 A CREATIVE PLAYSCHOOL DA YCARE CONDITIONAL USE PERMIT REQUEST TO ALLOW THE OPERATION OF A DAY CARE FACILITY (COMMUNITY FACILITY) IN AN R-1-B-E, SINGLE FAMILY RESIDENTIAL COMBINING DISTRICT AT 6837 AMADOR VALLEY BOULEVARD ............................+.......................... PUBLIC HEARING LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 83-2 (TRACT 47191 9:08 p.m. 6.2 (360-20) Cm. Burton announced that due to a conflict of interest, he would not participate in any discussion and/or vote related to this issue. Mayor Houston opened the public hearing. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 405 . . . . Public Works Director Thompson advised that this assessment district maintains landscaping along Stagecoach Road and on the interior slopes of Agate Way and Coral Way. Adoption of the resolution will approve the Engineer's Report and set the assessment for Fiscal Year 1995-96. The public hearing is for the purpose of hearing protests to the proposed assessment for Fiscal Year 1995-96. The proposed assessment ($228.75 per single family home and $38.68 per Amador Lakes unit) is the same as was assessed last year. Mr. Thompson discussed the protests that had been received. Fifteen voted to allow assessment to increase with CPI; 9 voted to increase based on actual cost. Mr. Thompson stated a neighborhood meeting was held last week and 3 property owners attended. No public testimony was given related to this issue. Mayor Houston closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote (Cm. Burton abstained), the Council adopted RESOLUTION NO. 83 - 95 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD - TRACT 4719) .u........u.u.u..u. + ..u...................u. PUBLIC HEARING LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 86-1 (VILLAGES @ WILLOW CREEK) 9:11 p.m. 6.3 (360-20) Mayor Houston opened the public hearing. Public Works Director Thompson explained that this assessment district for Tract 5511 provides for maintenance of certain landscaping improvements associated with the Villages @ Willow Creek development. The public hearing is for the purpose of hearing protests to the proposed assessment for Fiscal Year 1995-96. The amount assessed to property owners ($84.72 per single family home and $42.36 per multi-family dwelling) is the same amount as last years assessment. Mr. Thompson stated 3 written protests were received. Cm. Moffatt asked the reason for the protests since the rates are staying the same. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 406 Mr. Thompson stated one person just protested, one lady talked about weeds on DOUghert. Road which is not part of the district, and the third was opposed to being taxed. They thought after Proposition 13, some of these taxes would go away. No public testimony was given related to this issue. Mayor Houston closed the public hearing. On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 84 - 95 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (VILLAGES @ WILLOW CREEK - TRACT 5511) .....................................................n. PUBLIC HEARING - PA 93-012 CITY OF DUBLIN ZONING ORDINANCE AMENDMENT - OUTDOOR SALES AND ACTIVITIES 9:13 p.m. 6.4 (450-20) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that the City initiated a . study to amend the Zoning Ordinance provisions relating to outdoor sales and activities. The revisions include streamlining the current process for existing businesses to conduct outdoor sales, and allowing mobile vendors and outdoor sales by non-Dublin businesses under certain conditions. On July 3, 1995, the Planning Commission voted to adopt the Standard Requirements and Typical Conditions relating to the proposed outdoor sales and activities, and recommended that the City Council approve the Zoning Ordinance Amendment. Ms. Huston discussed: 1) Outdoor Sales Events/Sidewalk Sales - Established Dublin Businesses; 2) Outdoor Sales Events/Sidewalk Sales - Not Related to Established Dublin Businesses; 3) Mobile Vendors; 4) Other Changes to Ordinance - Arts & Crafts Fairs, Carnivals, and Farmer's Markets (Special Events); and 5) Citywide Events. In conclusion, Ms. Huston stated the changes to the Dublin Zoning Ordinance would provide the opportunity to allow mobile vendors in the City where appropriate. It would also provide *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 407 . . a more efficient review for temporary outdoor activities, with greater simplicity and flexibility for Dublin businesses. Cm. Barnes asked about a CUP approved by the Zoning Administrator. Would this be appealable? Ms. Huston responded yes. Cm. Barnes asked what would happen to businesses who currently have their merchandise outside all the time like Home Express and Michael's. Ms. Huston stated if they go through the proper permit process, they would be allowed to have it out 6 times per year. Cm. Burton stated he was informed on the mobile vendors there would be a 30 day waiting period. Ms. Huston stated if the ordinance is adopted on August 8, it would become effective in 30 days. . Mr. Ambrose clarified that this is initially. Subsequent to the ordinance becoming effective this would not be the case. Ms. Huston stated there would be a 5 day waiting appeal period. Cm. Howard stated she had a problem with enforcing problems with people coming in town on the weekends. She would like to see it required that they must post their permit. The Police should be able to enforce it if they don't have a permit. Mayor Houston felt this could be set up similar to fireworks sales, whereby anybody going by could see it. If they have to get the property owner's permission to begin with, even though we have a lot of absentee owners, this shouldn't be a problem. Cm. Howard stated she would like to see something written in that requires this. Cm. Burton asked if this could be administered like the property maintenance ordinance on a complaint basis. Cm. Howard stated a complaint basis would be okay, but the police should be able to get involved. *********************************************************************************************************** . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 408 Mr. Ambrose stated a part-time person was approved under the graffiti project as part of th. budget. The only way to deal with this is to keep on top of it. We don't want to get into paying police overtime to enforce this. It would cost the City a lot more. We can accommodate it more effectively by using the graffiti abatement person with an eye out for this. Cm. Burton pointed out that we also have a complaint process. We may not catch them right then, but it does bring it to the attention of the City and the property owner and/or the business that's located there. The City Council agreed that the permit must be posted. Mr. Ambrose stated Staff could have a packet available to help them become legal. This would be a positive thing. Abdullah PopaL 7735 Squirrel Creek Court stated he would like to see the City adopt the amendment to the Zoning Ordinance and first priority be given to residents of Dublin and he would also like to see more than 4 times a year allowed. He indicated he would like to have a business selling espresso and also a hot dog cart. Ms. Huston stated these would be allowed on an ongoing basis. John Mason representing the Dublin Chamber of Commerce stated he participated in the. meeting in late March, early April. The Chamber of Commerce endorses this and feels very strongly about these changes, particularly after hearing about enforcement on the weekends. He also sat on the graffiti task force group. This is a win/win situation for everybody. Jaynie Bunnell stated her support for this amendment. She has an espresso bar in Blackhawk and in Stockton and looks forward to opening one in Dublin. Cm. Moffatt asked if we would get involved with public health inspections. Ms. Huston stated it would be necessary for them to get these from the County. Mayor Houston closed the public hearing. . On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 409 . . . . RESOLUTION NO. 85 - 95 ADOPTING A NEGATIVE DECLARATION FOR PA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES and RESOLUTION NO. 86 - 95 ADOPTING PA 93-012 ZONING ORDINANCE AMENDMENT RELATED TO OUTDOOR SALES AND ACTIVITIES and waived the reading and INTRODUCED an ordinance amending certain provisions of the Zoning Ordinance relating to outdoor sales. Mr. Ambrose advised that Staff could bring back the resolution dealing with the enforcement issue and valid permit to be displayed. ..............+........................... AWARD OF BID, CONTRACT 95-01, DUBLIN BOULEVARD WIDENING 9:34 p.m. 7.1 (600-30) Public Works Director Thompson advised that this project will widen and restripe Dublin Boulevard from 4 to 6 lanes between Donlon Way and Village Parkway. It will also add left and right turn lanes at specific intersections. The project is financed primarily through an ISTEA grant and developer contributions, including BART mitigation contributions. Mr. Thompson stated Redgwick Construction submitted the only bid for this project. In checking with other prime contractors on the planholders list, Staff was advised that contractors are very busy now because the wet winter held up projects, and many public and private construction projects are currently out to bid or in progress, resulting in other potential bidders not being able to submit bids. Disadvantaged Business Enterprise information has been submitted by Redgwick Construction and is in accordance with adopted goals. Mr. Thompson advised that Staff has notified all of the businesses in the project area that work will begin this summer and should be completed in late fall. Project specifications require that access to businesses be kept open at all times. If necessary, work will be performed outside of normal business hours in order to complete the project on schedule and lessen the impact on the downtown area. Cm. Burton asked about the ditch that was being dug in front of Crown Chevrolet. ******..******.******..*******.****..**.*************.****************************************.************ CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25,1995 PAGE 410 Mr. Thompson stated they are putting in conduit for their new lights. The City stopped him . because the ditch wandered into the new right-of-way. He stopped and put it behind the lights. Cm. Barnes asked about the Engineer's Estimates. She was amazed when we say $100,000 and the bid comes in at $250,000. Mr. Thompson discussed how the process generally works. Mr. Ambrose clarified where the money was coming from. The money can only be spent on 2 projects. In utilizing the BART mitigation fees, the City will have more flexibility in the use of its gas tax reserves in the future. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted . RESOLUTION NO. 87 - 95 AWARDING CONTRACT 95-01 DUBLIN BOULEVARD WIDENING TO REDGWICK CONSTRUCTION ($2,069,739.25) and approved an additional $173,226 appropriation to the Capital Project Fund. ...................... + ,................... . CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1: PRELIMINARY ENGINEER'S REPORT 9:40 p.m. 8.1 (360-50) Public Works Director Thompson presented the Staff Report and advised that this item approves the preliminary engineer's report for the Citywide Street Lighting Assessment District and sets the date of August 8, 1995, for a public hearing, at which time the City Council will consider and finally act upon the assessment for 1995-96. Mr. Thompson reviewed the 5 options identified in the Staff Report for City Council consideration related to the preferred method of funding the Street Light Acquisitions. 1: The Assessment District contributes $103,196 from Assessment District Reserves and the General Fund permanently contributes the difference (presently estimated at $327,804) to make up the amount necessary to complete the acquisition. This would result in a reduction in assessments to all property owners in the District in FY 1996-97 in the full amount of the savings realized by the District. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25,1995 PAGE 411 . . . . 2. The Assessment District repays the General Fund without interest for the cost of the Street Light Acquisition through future assessments. Assuming a savings of $78,000/year to the District through ownership of the lights, the loan would be paid off in approximately 5 1/2 years, at which time the assessments to property owners could be lowered to the full amount. 3. The Assessment District repays the cost of the purchase with interest at the City's full rate of investment. This alternative would be similar to the District borrowing money from a source other than the City. In this alternative, there would be no net impact to the General Fund. This would extend the time required to payoff the General Fund and reduce assessments to property owners. 4. The Assessment District contributes $103,196 in Reserves plus any savings realized during FY 1995-96 as a result of an early acquisition of the Street Lights before the end of FY 1995-96. The difference necessary to acquire the Street Lights could be funded, then either with options 1, 2 or 3. 5. The Assessment District contributes $103,196 from Assessment District Reserves plus any savings realized during FY 1995-96. The Council could then set a fixed contribution from the General Fund which would be repaid by the Assessment District, reducing the amount of time necessary to repay the General Fund and enact lower assessments. Once the final acquisition costs are known and the City has several months of actual energy savings experience, the City Council could then finalize the preliminary direction at a subsequent meeting during FY 1995-96. Mr. Thompson stated Staff recommended that for FY 1995-96, the Assessment for Street Lighting be frozen at its current level. Staff also recommended that the City Council provide some direction regarding the preferred funding option for the acquisition of PG&E Street Lights. Cm. Burton requested more information on option #3. Mr. Thompson stated the general fund would pay the same amount but over the years, we would pay back the general fund with interest. Cm. Burton stated we would be borrowing from ourselves. Mr. Rankin stated this would still be a less costly alternative than going out with a bond issue. *************.*.***************..**..**.*****.***.*********************.****************.*.*******.*****.** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 412 Mayor Houston stated he liked option # 1. This would be a direct reduction in what everybody pays. He would rather see the money back in the pockets of the citizens. We have the money and we can accommodate this to reduce the cost of the assessment. . Cm. Moffatt asked if the General Fund would have to put money in every year. Mr. Thompson stated it would be a one time shot just to pay it off. We aren't sure exactly how much it will be because we haven't purchased the lights yet. Mr. Ambrose stated we believe we will acquire the lights this year, so the revenues could be more than expenditures. Option #4 deals with this. We would have a cash balance of about $88,000 for future pole replacements. Mayor Houston changed his opinion that option #4 would be best. This would make the best sense. Cm. Barnes asked why we are buying the poles. Mr. Thompson stated PG&E charges us quite a bit for them owning the poles. We have taken a look at what other cities have done. There is a substantial savings if we own the poles. Mayor Houston stated they collect rent on the poles. They get a good return on their money. . Mr. Ambrose stated the first issue is we will need about $400,000 to buy these poles. We will need to supplement with another revenue source. Should we loan the Street Light Assessment District the money or pay it as a one time amount out of the General Fund. Mayor Houston felt that since this is citywide, option #4 would work best. Even though it's a lot of money, it's a one-time only deal and everybody saves. Mr. Ambrose stated we will have about $4.5 million after the amount to payoff the Civic Center debt in 1999. The primary reason for doing this is to save the ratepayers money. Mayor Houston pointed out that the City Council will be able to proudly say they are reducing taxes in Dublin. Mr. Ambrose stated Staff would need direction for FY 1996-97 with regard to street light acquisition. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 413 . . . . Cm. Burton commented that he also liked option #4. Cm. Burton made a motion, which was seconded by Mayor Houston to approve option #4, the use of General Fund money. Cm.'s Moffatt and Howard voted against the motion. Cm. Barnes expressed confusion over the motion and did not cast a vote. The motion therefore failed. Mr. Ambrose stated it boiled down to do we want to see property owners immediately benefit or wait. The ratepayers would not be required to repay the General Fund under the current motion. Mayor Houston stated they are paying it off and not charging the citizens. Cm. Moffatt felt it would be more prudent to wait and see how much money is involved before the decision is made. It won't happen until 1996 anyway, and at that time the City Council can make the decision. His biggest concern is we don't know at this time what the numbers are. On motion of Mayor Houston, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 88 - 95 AMENDING RESOLUTION NO. 27-95 DIRECTING PREPARATION OF ANNUAL REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 and RESOLUTION NO. 89 - 95 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 and RESOLUTION NO. 90 - 95 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 414 On motion of Cm. Burton, seconded by Cm. Barnes, and by majority vote, the Council selected Option #4 in tandem with # 1. Cm. Moffatt voted against the motion because we don't know the amount and a reassessment will have to be made in the future. . A ........vi....... OTHER BUSINESS 10:13 p.m. Recyclina (810-601 Mr. Ambrose stated a memo was given to the City Council related to recycling brochures. Comments should come back by July 31 st related to layout and/or content. ...................................................... Affordable Housina (430-801 Cm. Barnes stated she attended a field trip related to tri-valley affordable housing and a copy of materials will be given to the City Council. Brochure leaflets have been developed and copies provided to the City Council. ppppppppppp..P P A Creative Playschool Childcare Petition (450-50) Cm. Barnes requested a copy of the childcare petition that was referenced by a speaker. . ....................................................+................................................... City Entrance Sians (400-301 Cm. Barnes stated she would like to see the City pursue the City entrance signs. Cm. Burton said he had 3 layouts for new signs. The Rotary Club is going to help out with this project. The Chamber of Commerce is also involved. Costs range from $2,000 to $25,000, depending on what you make it out of. It will be on private property. PPP'PPPPP".'p 'PPP"P . Aestetically Uno/easina Location (530-201 Cm. Burton stated he thought the property in front of the Workbench belongs to the City on this side of the bike path. He would like to see this landscaped. All the rest of San Ramon Road is very nicely landscaped except for this one area. *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 415 . . Mr. Thompson stated several of the properties were bought, but the Workbench wasn't one of them. The Workbench property comes out almost to the bike path. Mr. Ambrose clarified that it is all maintained by the individual property owners. This would be the only piece of property that the City would maintain. Staff could clarify who owns it. Cm. Burton requested that Staff review who owns the property and get it taken care of. It looks terrible and should be cleaned up. ...........................+.......................... State Leaislation (660-401 Cm. Moffatt stated with regard to the ridgeland over in Pleasanton Sweeney is once again putting in a new bill that will encompass any deal within the State of California. Three agencies can get together and control a piece of property. He plans to vote against this tomorrow at an East Bay Division meeting in Monterey. The Council concurred that this should be opposed. ...........................+'....................... Zone 7 (1000-701 . Cm. Moffatt stated evidently Zone 7 is stockpiling concrete on their land behind Stagecoach Road and a couple of residents are upset about this. It will be there for the next 2 years before they can use it to fix the channel. Also it looks like they are dredging the canal and putting a lot of debris on the pile. Mr. Thompson stated as far as he knew we don't have any control over what they do. They will be using it for riprap and he also heard it will be up to 2 years. Mayor Houston asked Mr. Thompson if he could make an inquiry about this to see if there is anything we can do. .................................................+................. Hot Tub/Spa Reaulations (440-201 Cm. Barnes welcomed some new people to Dublin and applauded them for staying until the end of the City Council meeting. Jim Gallup, 8375 Davona Drive stated they stayed because they had an issue they wanted to bring before the City Council and they were waiting for an opportunity to do this. ****************************************************************************.****************************** . CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 416 Mayor Houston advised that the time for oral communications related to items not on the . agenda is near the beginning of the meeting, but stated the City Council would be happy to go ahead and hear their concerns. Mr. Gallup stated they got into a little bit of hot tub havoc. They bought a hot tub across the street, from Dublin Pool & Spa and were told you just put it on your deck and plug it in. The inspector Robert White saw them unloading it in front of his house. He informed them that they have to bury the piers 48" and have to bury the wires. The Planning Department had a 2 page sheet that's easy to read and the hot tub companies should tell people about these requirements. He complained to the owner and he said this is just common sense and he hung up on him. He suggested that the City provide some of the handouts to the places that sell spas. It would be a simple thing to do. Mr. Gallup gave Staff their telephone number. Mr. Ambrose thanked Mr. Gallup for his suggestion and stated Staff will look into this. .... uu...u........u ..........u...u...u..... ADJOURNMENT 11.1 There being no further business to come before the Council. the meeting was adjourned at 10:28 p.m. , uu..u.uuuu.. . Mayor ATTEST: City Clerk .... uu.u........u + uu.... *********************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING July 25, 1995 PAGE 417 . . . -. SPECIAL MEETING - July 25, 1995 A special meeting of the City Council of the City of Dublin was held on Tuesday,)uly 25, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was a joint meeting with the Dublin Unified School District Board of Trustees. The meeting was called to order at 6:01 p.m., by Mayor Houston. ..........................~,........................... ROLL CALL PRESENT REPRESENTING CITY: Council members Barnes, Burton, Howard, Moffatt and Mayor Houston. REPRESENTING DUBLIN UNIFIED SCHOOL DISTRICT: Board Trustees Cobb-Adams, Kohnen, Ledahl and Patterson. Board Trustee Kamau arrived at the meeting at 6:10 p.m. ABSENT: Board Trustee Meyer. r............................+....,............................ PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. '...'..............................+..'........................... PROPOSED VALLEY HIGH SCHOOL COMMUNITY GYMNASIUM 8.1 (280-30) Mayor Houston explained that the purpose of this joint special meeting was for both legislative bodies to discuss a proposal developed by the City/School District Liaison Committee for a community gymnasium at Valley High School. Parks & Community Services Director Lowart explained that as a result of past requests from the community and the need to make revisions to the Agreement between the City and the District regarding use of facilities, the City Council approved formation of a Community Facilities Task Force (CITY) in February of 1995. The purpose of the Task Force was to study, report and make recommendations on community facility needs in Dublin for both school and community use. Following a series of meetings, . recommendations were presented to the City Council/School Board Liaison Committee. Ms. Lowart advised that the top priority of the Community Facilities Task Force was construction of a community gymnasium to meet the growing needs of organized sports leagues sponsored by the City as well as local community groups. Currently City and community groups compete for gym space with school sponsored programs. ***************************************************************************************************** CITY COUNCIL MINUTES VOLUME 14 SPECIAL MEETING July 25, 1995 PAGE 384 4.1