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HomeMy WebLinkAbout04-06-1999 CC Adopted MinutesREGULAR MEETING – April 6, 1999 A regular meeting of the Dublin City Council was held on Tuesday, April 6, 1999, 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 Howard, Lockhart, McCormick, Zika 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. PRESENTATION BY ZONE 7, FLOOD CONTROL REGARDING DRAFT ENVIRONMENTAL IMPACTS FOR ZONE 7’S WATER SUPPLY PLANNING 7:07 p.m.3.1(1000-40) Alameda County Flood Control and Water Conservation District, Zone 7, has prepared a report for future water supply planning and has now released an environmental document covering this planning work. Leslie Moulton presented the key environmental issues. Also present were Ed Cummings and Dennis Gambs. Del Valle functions as a conveyance to bring in other supplies and is a holding place. The water drawdown will already occur as part of the plan design. Not every contractor draws fully on the system every year. She discussed mitigation elements which were identified. Zone 7 is doing some homework on operational activity in order to avoid the CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 190 lake level drawdown. They are in discussions with the Department of Water Resources. They’ve asked the state to look at reoperational options. Cm. Zika asked if they are considering that agricultural will need fresh rather than reverse osmosis water. Ms. Moulton responded it will be a combination of both. About 8,000 feet of agricultural water is being assigned. There’s hope and opportunity as part of the long range program. Cm. Zika asked if there has there ever been a time the state has said you can’t have your full allocation from the aqueduct. Ms. Moulton responded there are times when the state cannot supply the full amount. In the plan, they will look at dry year water to maintain the amount. Mayor Houston stated he has every confidence we will have enough water for our use, but asked what we can do to assure Del Valle won’t go away. What is our best avenue. This is an amenity for the whole valley and how can we preserve this. Ms. Moulton stated we could expand the pipe and canal system in the Southbay Aqueduct. It is very helpful to receive comments and it is a DWR facility so comments ultimately should go to them. They work very closely with them. The comment period has been extended to May 26. She advised that Members of the EBRPD Board and Staff th were also present and wished to comment. Ayn Wieskamp, EBRPD Board Director stated they have had some very worthwhile input, including from Dublin citizens. What happens to swimmers, people who fish and picnic, and people who like to go out and watch eagles. Del Valle is a wonderful asset for the whole valley. They want to work to make sure this wonderful recreational opportunity stays in place. It’s important and they appreciate the support. Martin Vitz, Advanced Planning Manager with EBRPD stated they’ve been going out with Zone 7 to make these presentations. The significant impact in the EIR is the potential summer drawdown at Lake Del Valle. This is a significant resource for the entire Bay Area. It is an economic benefit to the Tri-Valley Area. DWR did a cost/benefit analysis initially; and determined that 51% was derived from recreation CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 191 factor. They do believe there are alternatives that have not been discussed in the Draft EIR. They anticipate further discussions. It will take a combination of alternatives and techniques to come up with protection of the lake for recreational facility. PRESENTATION RELATED TO EAST BAY STAND DOWN FOR NEEDY VETERANS 7:32 p.m.3.2(520-40) The Vietnam Veterans of Diablo Valley, a non-profit veterans organization, is requesting use of space at Parks RFTA to host the East Bay Stand Down for needy veterans on September 30 through October 3. Stand Down is a term coined during the Vietnam thrd War, which describes the practice of removing combat troops from the field and taking care of their basic needs in a safe area. They hope to serve 400–500 needy veterans all over the Bay Area at Camp Parks. Denver Mills, with the Concord Veterans Center and a Vietnam Veteran stated recently Dublin had one of its sons returned, John Mape, who was a POW. While we can’t do anything for him, we can do something about needy veterans on our streets and in our areas. All liability will be assumed by the sponsoring organizations. They will set up an employment development office at this event. Congresswomen Tauscher and Lee have been involved in this from the very beginning. Joe Sugi retired Oakland Police Sergeant stated he will be in charge of security services at the event. There have been zero incidents at any of the previous stand downs. Staff is currently being trained in security. Participants will be bussed in and transported back to their place of origin. All participants will be pre-registered and are veterans who were honorably discharged. Mr. Mills stated they request the City’s endorsement. They want to be good neighbors. They want the City of Dublin to come out looking good in the event. They will have national and maybe even international media. They would like the City Council to come to the event. They can come in and address these people and let them know we still care about them. They can involve the City Council as much as they want in the activities. They have a political liaison person to keep them informed. Right now they are asking for the City’s endorsement. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 192 Mayor Houston stated he feels this is a good thing for the City of Dublin. They can be more closely involved as the event draws nearer. Consensus of the Council was supportive. Cm. Zika asked if they have a majority or success rate? Mr. Mills reported that this started in San Diego in 1988 and they find that 30 to 35% move on and out of the problems they have. They will place 20% in residential treatments if they need it; and 20% will be placed in jobs. This is well designed and they track it as it goes along. Potential Ballot Measure – Zone 7 Water Policies (1000-20) 7:46 p.m. Tom Ford, 7262 Tina Place, a 14 year resident introduced an initiative POW Protect our Water – in the Zone 7 area. Voters are being asked for signatures to put this on the ballot. Signatures are now being collected. DSRSD claims that the City is responsible for water requirements. Keep Zone 7 water in Zone 7; with RO and our objection to mixing sewer water into our drinking water. Articles were distributed. There are 2 policies in the initiative they would like to see adopted. One is that Zone 7 will not provide water beyond its existing boundaries. Another relates to use of RO treated water for agricultural purposes. If this gets on the ballot, Zone 7 will be obligated to follow these policies. There’s only so much water in our bucket; our aquifer. Let’s save Lake Del Valle. Cm. Lockhart asked if there has been any resolution on who the eligible voters are. Mr. Ford stated it has not yet been resolved. They feel since the populace is allowed to vote for the Board of Zone 7, and feel the County Counsel is very much at sea with his opinion. They are collecting signatures just in the Zone 7 area. They need about 9,000 and will collect about 12,000. The legal people are commenting back and forth. The evidence in public interest in Zone 7 should carry some weight. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 193 Cm. McCormick requested that the Council go back to Item 3.1 and suggested that Staff write a letter to Zone 7 indicating our interest Mayor Houston stated he felt the park district is working with Zone 7 to come up with alternatives. Cm. Lockhart stated she felt we should comment we would like the recreational area protected as a necessity for this region. We support what’s going on regionally. By a consensus, the Council directed Staff to send a letter to make certain the recreational area is protected as alternative for water supply is considered and continue to look for alternative solutions including expansion of recycled water. CONSENT CALENDAR 7:53 p.m.Items 4.1 through 4.8 Items 4.4 and 4.5 were pulled from the Consent Calendar for discussion. On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of March 16, 1999; Accepted (4.2 150-70) gifts for the Dublin Senior Center of $300, a hand-braided wool rug, and a phonograph, directed Staff to prepare formal acknowledgments to the donors, and approved the budget change form; Authorized (4.3 600-30) Staff to advertise Contract 99-05, Annual Slurry Seal Program, for bids; Adopted (4.6 600-30) RESOLUTION NO. 53 – 99 AWARDING CONTRACT 99-03 ANNUAL STREET REPAIR AND OVERLAY TO CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 194 BAY CITIES PAVING & GRADING, INC. ($453,588.65) and approved homeowners’ petition to overlay Darian Court and directed Staff to generate a Change Order to include Darian Court in Contract 99-03 and approved a budget appropriation of $7,230 from Gas Tax Reserves; Adopted (4.7 600-60) RESOLUTION NO. 54 – 99 APPROVING FINAL MAP FOR TRACT 6957 (DUBLIN RANCH – NEIGHBORHOOD L2) and RESOLUTION NO. 55 – 99 ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEES FOR FINAL TRACT MAP 6957 (MSSH DEVELOPMENT - SHEA HOMES) Approved (4.8 300-40) the Warrant Register in the amount of $1,302,626.67. Cm. Lockhart pulled Item 4.4 from the Consent Calendar and stated she wasn’t sure what Discover Dublin is really all about. Shouldn’t it say “shop” Dublin. City Manager Ambrose explained that the Discover Dublin banners are an outgrowth of the meetings that occurred between Economic Development and the Chamber. Cm. Lockhart asked if there is something going on in the business community. Cm. McCormick asked if there is a program behind this or is it just a phrase? Mayor Houston stated he likes this phrase. It’s really only a slogan. Cm. Zika stated the Chamber has an ongoing program in getting inner-business buying going on in the valley. Cm. Lockhart asked if we could work with the Chamber and help to promote it with them. Mr. Ambrose stated the banners will be used back to back. One side will say Discover Dublin and the other, Shop Dublin. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 195 On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council approved (4.4 350-20) proposed design for downtown theme banners and farmers market banners and authorized Staff to solicit bids. Cm. Zika pulled Item 4.5 from the Consent Calendar and stated he feels the traffic generated by rezoning this to residential will be too great. If we leave it as commercial/ retail, this will be a tax generator but if it’s residential, it will demand more services and be a drain. On motion of Mayor Houston, seconded by Cm. Lockhart, and by majority vote, the Council adopted (4.5 420-30) RESOLUTION NO. 56 – 99 ADOPTING A GENERAL PLAN AMENDMENT FOR PA 98-024, ALL ABOARD MINI STORAGE Cm. Zika voted in opposition to the motion. LETTER FROM JEAN BOLGER OF ASHFORD WAY REQUESTING INSTALLATION OF SOUNDWALL ALONG ALCOSTA BOULEVARD 8:01 p.m.5.1(530-35) Public Works Director Thompson presented the Staff Report and explained that the street right-of-way for Alcosta Boulevard is located within the City of San Ramon and the homes backing onto Alcosta Boulevard on the south are in the City of Dublin. A property owner, Ms. Jean Bolger, has requested Dublin and San Ramon investigate the need for and installation of a soundwall along the south Alcosta Boulevard frontage. Ms. Bolger is requesting that an acoustical study be performed. The estimated cost of the study is $5,000. Cm. Lockhart asked if the new development causing the noise is in San Ramon? Mr. Thompson stated primarily, but she felt some of Dublin’s new development might be cutting through. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 196 Cm. Lockhart stated she would be interested in looking at this if we can get some support from San Ramon. It is really their issue caused by their development. Cm. McCormick pointed out that she is a Dublin resident, so we should support her request to meet with San Ramon and try to get some compromise for a study. Mayor Houston asked if Staff had any estimate on the cost of a soundwall. Mr. Thompson responded that the study would be about $5,000 and a soundwall would be about $102,000 for a 6’ wall. Mayor Houston stated he does not want to spend $5,000 for a sound study. Their first line of a study should be with the City of San Ramon. He questioned whether we should spend money on a private property issue. There are people in that neighborhood who are building new fences. Some of them are unsightly and falling down. They are 30 years old. The property owners should pay for it rather than the citizens of Dublin. Cm. Lockhart felt she could write the same letter to San Ramon. Mr. Ambrose stated she did, and to date, there has been no response. Mayor Houston felt we could write another letter to San Ramon about their impact on our City, and ask them what they are going to do about it. Cm. Lockhart stated she is concerned that if we commit to a sound study are we saying we will commit to paying for half the wall. This seems to be an issue of where you live and the amount of traffic that goes by your house. Cm. McCormick stated she felt both issues should be discussed with San Ramon. Mayor Houston asked if the $102,000 is a 1987 price? Mr. Thompson stated this figure is a new cost. By a consensus, the Council determined that Staff should write a letter to the City of San Ramon and bring the response back before the City Council at a future meeting. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 197 PRESENTATION BY REPRESENTATIVE OF ALAMEDA COUNTY TRANSPORTATION AUTHORITY REGARDING REAUTHORIZATION OF THE HALF-CENT SALES TAX 8:09 p.m. 5.2(1060-90) Christine Monsen with ACTA made a presentation and stated the ballot measure received almost 60% support countywide; 61% out here in the Valley. ACTA is soliciting input from the various agencies that will benefit from the Expenditure Program in order to provide an expenditure plan that will garner more support from the electorate. Ms. Monsen stated the proposed reauthorization of the half-cent sales tax would provide $162 million in Eastern Alameda County for regional transportation projects. They hope to have an adopted plan by the end of this year. The stakes are quite high. They’re asking, what would strengthen the plan here in Dublin? Mayor Houston stated most of them have heard the presentations numerous times. What did we like about the old measure and how to strengthen the new one. It needs a 2/3 vote, otherwise it isn’t going anywhere. Cm. Zika stated he felt what Mayor Houston and Supervisor Scott Haggerty brought up was valid. Right now the allocation formula is based on proposed population figures for the year 2005 and since this measure will run from 2000 to 2015, we should base it on projections out to 2015. I-680 is highly congested and I-580 is high on the list of congestion also. If something isn’t done, we will have the largest parking lot imaginable. Oakland should return the favor and support our needs as we supported I- 880. Cm. Lockhart felt the last time around, one of the issues was that we weren’t that vocal with our residents. A stronger commitment from the Council to speak out and support the Measure B would help a lot. If each city does this a little more aggressively, this might make the different. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 198 Cm. McCormick stated it will have to have some other elements for her to support it, such as increased public transportation in the valley. Cm. Zika stated there is lots of money for public transit in the plan, but unfortunately it mostly goes to AC Transit which is like throwing it in a sinkhole. Mayor Houston felt there is one area we can look at, the Iron Horse Trail. There has been some dollars received and freed up and by adding to the list the Livermore BART extension to start this process would mean more public transit. This certainly won’t happen overnight, but we could get them in a state of readiness. For the benefit of the whole valley, we should look at getting the engineering and environmental work done for the Livermore BART station. He would like to have this added to the list. Cm. Lockhart clarified he is just talking about the money that is not needed for the Iron Horse Trail. Mayor Houston stated he would like to see the plan for the $5 million for the trail. We should look at where it makes the most sense to spend the $5 million. Mr. Thompson stated about $432,000 is what we have in grants for the Iron Horse Trail. Mayor Houston stated he felt the $432,000 is a start. It gets it on the list and has a placeholder. This is a plan that will sell over the entire valley. Cm. Howard stated she agreed with Cm. Zika and felt this will get the votes. Anyone who drives I-580 or I-680 really wants to get this fixed up. Mayor Houston thanked Ms. Monsen for the information. She said they will hopefully be back sometime this summer, maybe June. PUBLIC HEARING RITE AID/KINDERCARE SPECIFIC PLAN AMENDMENT, PD REZONE, CONDITIONAL USE PERMIT, AND SITE DEVELOPMENT REVIEW PA 98-038 8:23 p.m.6.1(450-30) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 199 Mayor Houston opened the public hearing. Senior Planner Carol Cirelli presented the Staff Report and advised that the Applicants are requesting a SP Amendment to the San Ramon Road Specific Plan; a Planned Development (PD) District Rezone; Conditional Use Permit and Site Development Review approval to construct a 16,700 square foot retail drug store with a drive-through pharmacy, and a 9,824 square foot daycare center. As part of their project, the Applicants are voluntarily contributing traffic improvement funds in the amount of $129,880. The project will be located at 7348-7372 San Ramon Road (northwest corner of San Ramon Road and Amador Valley Boulevard). As part of her presentation, Ms. Cirelli discussed: Project Description; Specific Plan Amendment; Planned Development District Rezone; Rite Aid; Site Development Review; Design; Landscaping; On and Off-Site Circulation; Calaveras Fault; Signage; and Environmental Review. Cm. Lockhart asked about the mitigation fee for traffic impact. What might this be needed for? Mr. Thompson stated we have worked off a study done a year or two ago. The biggest one is St. Patrick Way, and sidewalks on Village Parkway and a few things likes that. The bulk of this will go to St. Patrick Way. Cm. Zika asked if any consideration had been given regarding an exit sign saying right turn only or no left turn so people wouldn’t make a turn into Kildara. Mr. Thompson stated this might preclude people from Kildara from going there. Cm. Zika commented on the latest sound study which has the current background level at Kildara at 48 and halfway down the page (2), the dba at the facility in Concord is 63 dba and then behind the fence it is 64. On the bottom of the next page it discusses community response which says if there is an additional 5 there is sporadic complaints and 15 strong complaints and threat of community action. This goes from 48 to 63 which is 15, and yet this report concludes there is no impact. He questioned this. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 200 Richard Illingworth who prepared the study, addressed and explained the study. The numbers from Concord can’t be directly applied to this facility. Page 4 indicates the numbers calculated for each playground. Cm. Zika stated he doesn’t recommend anything to mitigate it. Would an 8’ or 10’ wall mitigate it? Mr. Illingworth responded an 8’ wall would mitigate anything on the first floor. It’s the second floor that would take a very big wall to shield that. Cm. McCormick asked if big trees would make a difference for the second floor. Mr. Illingworth stated acoustically, they wouldn’t make much difference. Curt Smith, Retail Site Specialist, stated he was here last July to talk about this project. At that time, instructions were to come in with a complete project for the site. They originally intended to put a strip retail center where KinderCare is now being proposed. The concept of a daycare center went over very well. They held up their application for several months to allow KinderCare to put together a proposal. He discussed key changes in the drug store industry. Rite Aid has opted to become more of a convenience oriented pharmacy. Drugstore.com is now being formed and will sell pharmaceuticals, much like Amazon.com sells books. This will be major competition to drugs stores. Mr. Smith stated they also maintained an access to the Dublin Fishery site. He has heard some discussions about their existing space. He has been in this business for over 20 years. Mervyn’s is the only full line store selling clothes and they are a very successful anchor tenant. They have had inquiries about the space, even though it has not been marketed. A significant tenant has shown interest and they are a discount family clothing store, Marshall’s. They feel they can make the deal happen. They’ve had others express strong interest. These stores benefit by being next to Mervyn’s. Rite Aid is not a good co-tenant for Mervyn’s. Any of the users would be an asset to the center. Mike Majors, 1555 53 Street, Sacramento, Engineer representing KinderCare on this rd project, thanked Staff for their help through the process. They support the conditions and hope to gain the City Council’s support. He introduced others with KinderCare. Cm. Zika stated he visited KinderCare in Pleasanton today. Does it operate similarly? CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 201 Jerry Stivers, 634 College Avenue, Menlo Park, with KinderCare stated this is one of the older units and the newer ones operate a little differently. Cm. Zika stated he asked neighbors about the noise. They were behind an 8 to 10’ wall and she said the noise was significant and it was disturbing. This home was much closer than ours would be. He asked if they also accept kids on an hourly basis. Mr. Stivers stated usually several hours in the afternoon when they pick up kids from school. They have a van that picks them up. David Kambra 11863 Flanagan Court, thanked Carol for all her effort. Their concerns relate to the hours of the pharmacy and the volume of children at the daycare. When they bought their homes they did not feel all these changes in zoning would take place. Being open 24 hours would likely increase crime. He questioned the value of having the store open 24 hours. He also questioned the possible impact the bar across the street may have. A drive-through was questioned as to appropriateness at this location. This could be hazardous to people who walk in the area. The drive-through faces the homes as opposed to facing the street, which he felt would provide more advertising. This seems to be a disadvantage to both the store and to neighbors. He questioned the lighting for a 24 hour parking lot, and a direct line of sight to the homes. There are skylights in the homes. One hundred and eighty children was questioned as appropriate. This seems excessive from what they expected when they bought their homes. He understands the daycare will service people to the north of Dublin. This is designed to pick up people coming down San Ramon Road to the freeway. From his house, he hears noise from Mape Park, 500 ft. away, Nielsen School, 500 ft. away and the Kildara Pool, 60 ft. away. The numbers in the sound report are very conservative numbers. All but 8 homes out of 174 in Kildara are upstairs. In summary they feel this is an inappropriate use of the location, limited value to Dublin community, current conditions are ineffective and it will have a negative impact on homeowners. He recommended that we limit the 24 hour to drive-through and close the convenience store during the night, add conditions to limit lighting, measure noise in mid-summer and limit noise to a 50% increase. Put real numbers in to mitigate the numbers before they happen. In conclusion, this is a community issue, not a political one. Consider impact, local homeowners; zoning changes and conditional use and identify tenants to fill old location. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 202 Nina Wixson, 7403 Cronin Circle, stated she agreed wholeheartedly with David and asked why we are rezoning this property. Convenience is not meant to have a 24 hour use. This drive-through should not be an exception. It is the magnitude and the volume of these two services together that is so great. The traffic flow seems to be directing people mainly onto Amador Valley Boulevard. People cutting through their development already exists. They pay for their own maintenance and lighting. They can’t accept that this will be used as a public thoroughfare. Congestion will occur at Amador Valley Boulevard and San Ramon Road. Green spaces surrounding Kildara are children's play spaces. She opposes this plan, but if we go forward with it, we must take extraordinary means to look at their issues. What about the noise that will be generated by Rite Aid? What do you do about noise that is unacceptable if it reaches the limits? The noise issues are significant factors for them. She referenced their letter contained in the information with the Staff Report. Security Gates are an issue. The additional 2 foot on the soundwall was her idea and she is proud that she came up with this. Take extraordinary means to mitigate their concerns and issues, which are very serious if you go forward with this project. Cm. Zika asked if she thought a sign would help. Ms. Wixson stated she did not feel this would be a negative for them. Cm. Zika commented he had a problem seeing their sign that says private property. Robin Chinn, 11812 Kilcullen Court stated David talked a lot about their concerns. She is concerned about the number of increased traffic coming through their development; 2,400 additional hits a day to the corner with the 2 businesses. The parking is insufficient. They have asked for gates as a potential option and the Planning Commission doesn’t like gates. She was encouraged that Staff had addressed some of their concerns but the architectural ones would have to be put in at their expense. Safety is of concern also. She has a person who is a quadriplegic that lives with her. His safety is of primary concern. Josephine Distefano, 7423 Tehan Court stated she does go along with a gate. It should not be the responsibility of the people in Kildara. It should be picked up by Rite Aid or KinderCare. The kids will back up to her patio and even with a wall, the noise will still be there. They are Dublin residents and they would like to be considered. At least meet CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 203 them and do something with them. Nobody from Kildara was notified from Rite Aid as to what they were planning. Heather Taylor, 7422 Tehan Court was concerned over the increased noise level and lighting and safety issues. She has lived there less than a year and she chose Dublin because of its small town feel. She is a working parent and has a young child. She loves her home in Dublin. She referenced an article in the SF Chronicle which said Dublin turned away business and we were the joke town and we weren’t wanting to add just any business that wanted to put up a sign. She personally likes to shop at small business stores rather than continuing to build the large businesses. She has had to look for daycare herself. She doesn’t like the idea of a factory type environment. With 180 kids, how much personal care can each kid get. It is small businesses that give a city its soul. We should keep our small town ambiance. It is nice to go where everybody knows your name and they’re glad you came. Rite Aid did not contact them after the last meeting. She did not understand why they didn’t meet with the homeowners. Mayor Houston read a statement submitted by Yee Wann, 6884 Amador Valley Boulevard. “In favor of Kinder Care.” Mayor Houston read a statement submitted by Amy Chung, 7267 Quartz Circle. “I support Kinder Care project.” Web Schoefer, 7267 Quartz Circle stated he has 2 daughters and has lived in Dublin for nearly a decade. With regard to KinderCare, this is something this town needs. The question is where do you put it? Are you going to put it somewhere where it will satisfy everyone’s needs? On Amador Valley Boulevard, there are homes that have been converted to childcare. Dublin is really not a small town. This is a 4 lane boulevard right next to a downtown metropolis. There is going to be some noise. It looks like a good sight. He hopes this gets done so he can make some use of it. Charles White, 7332 Cronin circle stated he was opposed on many levels. He is more concerned with his quality of life and property values. There will be 16 employees + vans. He knows the patterns for daycare operations. The whole parking thing is flawed. He agreed with the other speakers about lighting. He is concerned about Dublin’s general trend of building cinderblock monstrosities. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 204 Steve Fern 11870 Flanagan Court, stated he is a site location analyst and he has major concerns for this development. It is on the wrong side of the road. People heading north from I-580 will have to make a left hand turn and there is already increased congestion at this location. The overall retail in the City of Dublin concerns him. In the eastern part of the City, this will pull from the retail synergy of the old downtown. The old Home Express has been vacant for over 2 years. What may happen is Albertson’s trying to go into the old Rite Aid site, leaving their location empty. Lynn Clark 7255 Cronin Circle stated representatives from KinderCare and Rite Aid did contact the management company and did have a meeting with the Kildara Board of Directors. Pat Daily, 11879 Flanagan Court thanked the marketing speaker for requesting we look at the traffic on the corner, going into Rite Aid and KinderCare and trying to get out again. The developer said the purpose of this project was to increase his market and compete with the Internet. He suggested if they want to really increase their market that they lower prices. He stated he has been a resident for 25 years, but is now selling his condo. Amy Chen stated she has 2 children and is in favor of KinderCare. John Nichandros owner of the property, stated he understands the concerns of the homeowners and their reluctance to any development. He objected also when the City Council decided they had to take some of his property to create a road there to help Kildara homes get better access. The cost of the road and improvements were paid by him and Mr. Jeha, and the Kildara people. It was intended to give better circulation. This proposed development has many advantages over any other kind of retail commercial development you can build there. Rite Aid is the only retail establishment in the center. He did not understand why the objection to a 24-hour pharmacy. Someone picking up a prescription in the middle of the night will not sit there and loiter. The other issue is playground noise. It is a real enjoyable thing to watch children play. The more fun they’re having, the more noise they make. Part of the homes face the back of the ice skating rink, and part face the wall. Rite Aid and KinderCare run a very clean operation. Rite Aid has offered the homeowners $10,000 to make improvements to alleviate the traffic situation. He recommended this be approved. Josephine Distefano asked what $10,000 will buy you today. This isn’t anything. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 205 Joe Bledsoe, 6534 Cottonwood Circle stated even though they are licensed for 180 children, they operate at about 70%. Regarding lighting, it will be blocked by the KinderCare building. Traffic is already going to some other destination. They are just a drop off and not a destination point. He is confident that the noise study report is reasonably accurate. Mayor Houston closed the public hearing. Cm. Zika stated he is opposed to the project because he feels this is the wrong place. His visit to Pleasanton confirmed some of his concerns about noise. These kinds of uses were prohibited when people moved in. We are now trying to change the rules. He would support a 10’ wall, put additional signs saying no left turn and put in some speed bumps if it is approved. Cm. Lockhart stated she felt every time we get a daycare project, it is the same quandary. If we put them in neighborhoods, neighbors are afraid of the impacts and yet they don’t feel it is appropriate to locate them next to businesses. Is there an ideal place for daycare? Probably not. We don’t live on an island. There is a need for childcare in this community, just as in any community. We need to support daycare. KinderCare seems to be a quality provider. Yes, San Ramon will use it; this is just a fact of life. Everywhere we see daycares, there are noise concerns. We have not had a problem with Montessori Plus. This is actually a luxury because kids won’t be there every weekend and every evening. There are tradeoffs. With regard to cut-through traffic, she would hope this can be addressed. She hopes there are measures that can be addressed that would encourage people to not cut through their development. Whatever goes in there will be an impact to the neighbors. She would feel more guilty about putting a strip mall there. The land is so valuable and comes at such a high price, mom and pop businesses can’t afford to locate there and this is no longer feasible. It is a good service for our community with Rite Aid’s drive through pharmacy. Cm. Howard stated she took a trip through the community yesterday and can see the problem with cut through traffic. She felt this could be mitigated in some way. Mature trees will be put in at KinderCare. For the drive up window, she is worried about the security. It might be better in the front at night time and then more parking could be opened up for KinderCare. She stated she likes the idea of having daycare as we desperately need it in Dublin. She clarified that the whole store will be open 24 hours, and only prescription medications can be obtain from the drive through. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 206 Cm. McCormick asked if they have other 24 hour stores in other areas. The response was they just opened one in Yuba City. Cm. McCormick asked about customers at late hours. Reportedly, medications are in high demand until about 11:30 p.m., and then it starts early in the morning. The real rush finishes about 11:00 p.m. or 11:30 p.m. There are about 3 drive through uses per hour. Cm. Howard asked now how many people come in late in the evening. Cm. McCormick noted quality of life was mentioned. Whose quality are we talking about? This pertains also to her and people with children who need childcare and those who need medications and prescriptions in the middle of the night. She knows the need for childcare in Dublin and she will always vote for childcare. This is part of a growing community. It has been exciting for Dublin and she stated she feels we have done a good job. She sees areas where we can provide mitigation. Quality of life can be applied to all. She stated she will support this project. Mayor Houston stated they just went to a daycare conference and there is a need for mom and pop type care and in office complexes. The location of the drive-through, he asked why it can’t go in a smaller area in the front. This would remove the whole issue of neighbors hearing the squawk box. It could be located to the opposite side. This could benefit from an advertising standpoint and this has some appeal and some merit. He was up in Oroville over Easter. He sat and watched a drive-through for 15 minutes and saw no one drive up. He would like them to explore the other location. If they can’t do this, he could not support a 24 hour operation. He stated a bigger issue for him is seeing a big black whole in our downtown. He will not support this without some real concrete measures as to what’s happening with their existing site. We’ve had some bad experience with the old Lucky’s center in Dublin. He wants to see investment and renovation that will attract somebody of quality into the old center. He wants reassurances. We need to make sure we are on a path for the improvement of all our downtown. This is a good project. Conditions must say something has to go into the space, or he is not in favor of this. Relocate drive through and how do we work together to make sure what happens close to the downtown core area is very strong. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 207 Cm. Lockhart stated she supports both issues. Ms. Cirelli stated Staff looked at a lot of alternatives for the drive through. The only thing that will work is where it’s currently proposed. There would be on site circulation problems with locating it to the San Ramon Road side. There must be turn around radii. From a planning standpoint, it may be an aesthetic issue from a public roadway. They also looked at the Fishery side. There is even less space there. Kevin Van Katwyck explained the problems and stated Staff looked at all sides Mayor Houston commented a lot of people will cut through to get to the Fishery. A representative stated from Rite Aid’s perspective this site plan does work well, but they are not married to this plan. If some new ideas are brought forward, they will consider them. They will accept condition that they will put drive through at whatever location is acceptable. Condition #26 addresses the old site, “Re-Lease of Rite Aid Tenant Space. Prior to issuance of a building permit for the Rite Aid project, the Rite Aid Corporation shall provide the Community Development Director verification that the existing Rite Aid tenant space located at 7201 Regional Street has been re-leased to a business whose use in consistent The only thing with the Downtown Specific Plan (i.e., retail and service commercial uses).” this doesn’t address is for capital improvement program for the site. They would need to consult the other tenants. Mayor Houston stated he felt this is productive for everybody. City Attorney Silver stated she looked at Condition #26 and felt the intent of the Council could be accomplished by adding at the end of the condition, “and that substantial improvements be made to structure at 7201 Regional Street.” She also suggested the Council possibly change Community Development Director to City Council before building permit for new Rite Aid could be issued. Mayor Houston stated the City would definitely want to fast track this. Mr. Ambrose stated if they are concerned about the location of the drive-through, they can’t approve the SDR tonight. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 208 Cm. Lockhart stated she was not interested in scrapping the whole project if this can’t be done. Cm. Zika stated there is also the issue of the fault line. Ms. Cirelli stated the building is set back pretty far from the fault line and out of the zone. There was a suggestion to continue to the next meeting the issue of the drive-through location. Signage and speed bumps were discussed. Cm. Howard stated she would like to try to mitigate by looking at a gate at the back side of Kildara by Donlon Way. Mayor Houston stated he is not in favor of a gate. Cm. Zika stated he was not either. It will hurt rather than help them. Mayor Houston suggested they leave it up to Staff to come up with a plan for signage. They’re adding verbiage at the end of Condition #26 related to substantial improvements at 7201 Regional Street and it will be subject to City Council verification. Cm. McCormick asked if there is a way to make sure the offer stays on the table after approval for the association. Ms. Cirelli stated this could be added as a condition. They could pay into an escrow account for the Kildara homeowners to mitigate any potential traffic impacts on their property. A clarification correction was made that it will be $5,000 from Rite Aid and $5,000 from KinderCare. The SDR will come back at the next City Council meeting to look at location of drive- through. Staff will come back with a proposed plan for street signage. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 209 Ms. Silver stated Attachment 4 is the Resolution adopting the CUP and SDR and when adopting the Resolution, the Council should delete any reference to the SDR. It will be modified by Staff approving the CUP and then a separate Resolution approving the SDR would be brought back to the Council. On motion of Cm. Lockhart, seconded by Cm. McCormick, and by majority vote, including modifications to CUP Condition #26 and that both Rite Aid and KinderCare deposit $5,000 into escrow account, and with Staff to work with applicant, the Council adopted RESOLUTION NO. 57 – 99 ADOPTING A NEGATIVE DECLARATION FOR PA 98-038 RITE AID/KINDERCARE SPECIFIC PLAN AMENDMENT; PLANNED DEVELOPMENT DISTRICT REZONE; CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW and RESOLUTION NO. 58 – 99 ADOPTING PA 98-038 RITE AID/KINDERCARE SPECIFIC PLAN AMENDMENT TO AREA 3 (SAN RAMON PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN and RESOLUTION NO. 59 – 99 ADOPTING PA 98-038 RITE AID/KINDERCARE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A 16,700 SQUARE FOOT RETAIL DRUG STORE, A 9,824 SQUARE FOOT DAY CARE CENTER, AND VOLUNTARILY CONTRIBUTE TRAFFIC IMPROVEMENT FUNDS IN THE AMOUNT OF $129,880; AND TO ESTABLISH A 24-HOUR DRIVE-THROUGH PHARMACY AND DAY CARE CENTER AND TO EXEMPT PARKING REQUIREMENTS FOR THE DAY CARE CENTER LOCATED AT 7348 – 7372 SAN RAMON ROAD and waived the reading and INTRODUCED the Ordinance approving the PD Rezone. Cm. Zika voted in opposition to the motion. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 210 On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council continued the SDR portion to the next meeting. RECESS 11:00 p.m. Mayor Houston called for a short recess. The meeting reconvened at 11:11 p.m., with all Councilmembers present. PUBLIC HEARING – PA 98-063 TOLL BROTHERS – EMERALD GLEN #4 PLANNED DEVELOPMENT 11:11 p.m.6.2(450-30) 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 which would rezone a PD from Medium Density Residential to PD Residential to allow development of 295 single family homes consisting of three product types to be developed on 28.9 acres located in the Eastern Dublin Specific Plan area. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6 – 99 AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED EAST OF TASSAJARA CREEK, SOUTH OF CENTRAL PARKWAY, CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 211 NORTH OF DUBLIN BOULEVARD AND WEST OF PARK DRIVE (APN: 986-0001-001-10 PORTION) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR THE TOLL BROTHERS, EMERALD GLEN #4 (PA 98-063) PUBLIC HEARING AMENDMENT TO PUBLIC FACILITIES FEE 12:21 a.m.6.3(390-20) (Public Hearing held after Item 8.1) Mayor Houston opened the public hearing. Parks & Community Services Director Lowart presented the Staff Report and advised that the cost of facilities to serve growth are estimated to be $133 million. The City Council directed Staff to update the Public Facilities Fee periodically in order to update demographics, costs and standards to reflect changes since the previous analysis, which was carried out in 1995. Ms. Lowart stated costs of construction and acquisition of capital facilities have changed due to inflation. Costs which have increased since they were determined in 1995 include: parkland values and park improvement costs per acre; community/recreation facilities per square foot construction cost; library per square foot construction cost; and Civic Center per square foot construction cost. Ms. Lowart stated changes in current and future resident and worker population estimates have changed which affect calculated fees for all facility types. The following changes were made: Development projections were changed to reflect recent GP revisions and development since 1995. These include the Schaefer Ranch GPA, Park Sierra GPA and the Starward Drive GPA. Existing population and employment estimates were increased to reflect the most recent data available. New information from planning processes led to the following revisions: The size of two planned community/recreation facilities was reduced by a combined 11,000 square feet; Due to the planned replacement of the library, existing building square footage was excluded from the current inventory, and the land parcel upon which the new facility CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 212 will be built was included; Demand from Western Dublin was added to the calculation of needed Parks facility expansion. Ms. Lowart advised that overall, the Public Facilities Fee for residential development has increased by approximately 45%. This is due primarily to: 1) Land values have increased by 84% for community parks and by 48% for neighborhood parks. 2) Improvement costs have increased by 58% for community parks and by 21% for neighborhood parks. 3) Library costs have increased by 60%. The cost per square foot has increased from $196 to $314 and the value of the land for the library has been included. 4) The cost for the Civic Center has increased from $445,000 to $2,099,214. The Public Facilities Fee for non-residential development has increased by approximately 121%. The largest component of the Public Facilities Fee is the cost to acquire park land which amounts to approximately 55% of the fee. Ms. Lowart explained that with regard to future adjustments, the fee will be adjusted automatically, effective July 1, 2000 and each July 1 thereafter based on improvement st costs and land costs. In summary, Ms. Lowart stated the estimated lost revenue from delaying the adoption of the fee would need to be funded from sources other than the Public Facilities Fee. This is not possible under the City’s existing GP policies which state that new development must pay the full cost of infrastructure needed to serve the area. As demonstrated in the Eastern Dublin GPA and SP, the Parks and Recreation Master Plan, and other related studies, future development in the City of Dublin and in Eastern Dublin will generate the need for the facilities that are the subject of the Public Facilities Fee Study, 1998 Update. Provision of these facilities is critical to the implementation of the goals and policies contained in these documents. If adequate facilities are not provided to serve the needs generated by new development, those new residents will place a burden on existing Dublin park and recreational facilities. Cm. Zika commented on the 20 city average index. Ed Omernik who owns property on Dougherty Road stated he is concerned about the additional fees that will fall in line right after these and which are in the vicinity of 40 to 50%. He has not had his property for sale but several have inquired and wanted to buy the property. The end result was the property is worth much more converting to high CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 213 density residential. This put them in a position to continue with negotiations and someone offered him enough that he could move his business. Now they are in a situation with all the additional fees and in this case amount to $850,000, others in vicinity of $380,000 and his proposal is now being put in jeopardy. He can’t quite fathom why we have 50% increases in 2 years. It is not economically feasible for him to move. If these fees are implemented, the program he has worked on for the last 7 months simply won’t fly. John Steinbush, Colliers International, stated he appreciates that Staff has given them lots of background information. We are looking at increasing a line item fee. It is justified. Don’t do this in a vacuum, though. He gave examples of how fees impact their projects. Jonathan Winslow, Koll Development questioned the way the study was done. The fees have gone up about 50% residential and 123% commercial. On Page 13, assumptions were made that weren’t really scientific. Ms. Lowart explained that the numbers are based on a survey that was done in 1992 in Pleasanton. They found that in a survey, resident workers visit the park at the highest rate and non-resident workers visited at a lower rate. The difference was attributed to residents. There was an equivalency number factored in. Mayor Houston asked if we are splitting hairs. Ms. Lowart responded that the equivalency factor for parks and for libraries was increased. We are looking at $136 increase per employee just for that fee. Mr. Ambrose pointed out the fact that residential or commercial will have to pick up the difference. Mayor Houston closed the public hearing. Mayor Houston stated he doesn’t like taxes, but this is not a tax. The Eastern Dublin plan says development must pay their way. The plan is working and is benefiting everyone. It’s going to get worse. The City of Dublin is one cog in the wheel, but everyone else will need to be reimbursed for providing their services. He stated he does not want to delay the fee. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 214 On motion of Mayor Houston, seconded by Cm. Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 60 – 99 REVISING THE PUBLIC FACILITIES FEE FOR FUTURE DEVELOPMENTS WITHIN THE CITY OF DUBLIN and authorized Staff to retain an appraiser to do a land appraisal as of July 1, 1999. PUBLIC HEARING – PA 98-045 DUBLIN RANCH PHASE I DEVELOPMENT AGREEMENT 11:12 p.m.6.4(600-60) (Public Hearing held following Item 6.2) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this project is located generally along the east side of Tassajara Road, north of the future extension of Gleason Drive, within the Eastern Dublin Specific Plan area. The project site was given several land use designations, which encompass single family, medium density and open space land uses. This project consists of a maximum of 847 residential units in 9 neighborhoods. Mr. Peabody advised that the City Attorney drafted the proposed DA with input from City Staff, MSSH Dublin Development, and their attorneys. MSSH Dublin Development, LLC (“MSSH”) will be the master developer, but the agreement is also with the other developers who will construct some of the neighborhoods because they own the property. The DA sets forth the agreements between the parties in relation to many items, including but not limited to, infrastructure construction and phasing, and the payment of various required impact fees. This agreements is for an 8 year period rather than our normal 5 year period. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 215 Mr. Peabody referenced the more significant provisions of the DA as discussed in the Staff Report. The Planning Commission heard the DA at their March 23, 1999 meeting and recommended that the City Council adopt the Ordinance. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance approving the Development Agreement for PA 98-045, Dublin Ranch Phase I. PUBLIC HEARING – PA 98-047 KOLL DUBLIN CORPORATE CENTER DEVELOPMENT AGREEMENT 11:15 p.m.6.5(600-60) Mayor Houston opened the public hearing. Community Development Director Eddie Peabody presented the Staff Report and advised that this DA is between the City of Dublin and Koll Development Company, LLC, and the Alameda County Surplus Property Authority for the Koll Dublin Corporate Center. 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, payment of traffic, noise and public facilities impact fees, oversizing of roads and general provisions. This project is located at the southwest corner of Tassajara Road and Dublin Boulevard within the Eastern Dublin SP area. The project site was given a land use designation of General Commercial/Campus Office in the SP. The project site is part of the 800+ acre property known as the Santa Rita property, owned by the Alameda County Surplus Property Authority, formerly used for U. S. Army military activities. All structures from previous uses have been removed. Cm. Lockhart asked about the Tassajara widening and if there are any landmarks to help them understand where this widening will occur. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 216 Mr. Peabody stated this will just widen their piece. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance approving the Development Agreement between the City of Dublin, Koll Development Company, LLC (PA 98-047) and Alameda County Surplus Property Authority for the Koll Dublin Corporate Center. PUBLIC HEARING DUBLIN CEMETERY INTERMENT FEES 12:53 a.m.6.6(295-10) (Following Items 7.1, 7.2 and 8.1) Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston continued the item to the next meeting PUBLIC HEARING REPEAL OF LIMITED PARKING ZONES ON SIERRA LANE 12:54 a.m.6.7(570-20) Mayor Houston opened the public hearing. No testimony was entered by any member of the public relative to this issue. Mayor Houston continued the item to the next Council meeting. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 217 DUBLIN RANCH PHASE I NEIGHBORHOOD PARK SCHEMATIC DESIGNS 11:18 p.m.7.1(920-20) Parks & Community Services Director Lowart presented the Staff Report and explained that two schematic design alternatives were being presented for the proposed 5-acre neighborhood park in Dublin Ranch Phase I. The 5 acre park that is within the project area will be developed at the major intersection of the collector streets to serve as the visual and social focal point of the community. The park is bounded on one side by a future elementary school, on two sides by collector streets, and on one side by a residential street. Ms. Lowart explained that two alternative concepts have been developed, one a “Stand Alone Park”, and the other a “Joint Use Park”. Recreational amenities common to both alternatives include two play areas, one for 2-5 year olds and one for 5-12 year olds, a full basketball court, sand volleyball, shade structure with picnic tables for group activities, and a restroom/storage building. Casual seating and picnic areas are distributed throughout the park. The perimeter path will be illuminated with pole mounted light fixtures for security. Ms. Lowart stated development of a Joint Use Park will be contingent upon reaching agreement with the Dublin Unified School District on the concept of joint use. Staff has met with the District and they have expressed an interest in exploring the concept of joint use. However, the District does not intend to construct the adjacent elementary school for several years, so issues related to timing of the project and funding of the improvements still need to be resolved. Ms. Lowart stated one additional issue regarding the park design is the desire of DSRSD to locate a recycled water pump station in the park. The pump station could be designed to include the restrooms and storage building for the park. DSRSD has proposed that in exchange for locating the pump station at the park and the related easement rights the District would need, the District would construct the restroom/storage building in the park. Further, the District will work with City Staff to coordinate the City’s needs for the restroom/storage building and will also work with the Developer to coordinate the construction sequencing for the park and pump station. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 218 If the Council is in favor of locating the pump station in the park, Staff will work out the details of the proposed offer. Ms. Lowart advised that construction of the park by Shea Homes is being addressed in the DA for the Dublin Ranch Phase I Project. City Park Development Standards, which govern the construction of parks by developers, are nearing completion and are tentatively scheduled to come before the City Council in May. Once the DA and parks Development Standards are adopted, Shea Homes will be able to proceed with construction documents for the park. Leslie Temple, with Nuvis Landscape Architects discussed the park designs. Mayor Houston asked if they are contoured for wind. Ms. Temple stated in addition to a rail fence there will be a small berm and there will be 3 levels. Bruce Webb, Engineering Planner with DSRSD thanked Staff. The pump station is needed for providing recycled water to Eastern Dublin. He stated Tom McCormick, DSRSD Board Member was also present. The pump station must be located at an elevation of 465 feet. They will be most pleased to help the City build a restroom facility. Cm. Zika asked if they can make the pump station less than 1,000 sq. ft. Mr. Webb stated the pump station pretty much has to have this size of a footprint. They would be happy to build a larger restroom facility if the City feels they need it. They’ve been investigating the possibility of reducing it into 800 sq. ft., but they don’t know if this is possible. Cm. Zika requested that they make sure the architecture fits into the park. The one at Shannon sticks out like a sore thumb. Cm. Lockhart asked what kind of servicing would be required as it is right next to play areas. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 219 Mr. Webb stated this is typically visited daily by District Staff to take meter readings. More infrequently, a pickup truck would back up to a fence and they have talked with Staff about how best to accommodate this. Mayor Houston stated he likes having the bigger field, but we have had successful projects with the School District. Ms. Lowart stated we can enlarge the site by going into the School District site. Cm. Lockhart asked about what kind of timeline we are on. Ms. Lowart advised that there is a meeting set up for April 14 with the School District th to look at how this could work. It may need to be phased or possibly some type of a reimbursement agreement could be developed. Once they’re both built, we may want to look at joint maintenance. By a consensus, the Council agreed to pursue the larger space with a joint park. On motion of Cm. Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council approved the pump station in the park at location of larger field site and agreed to work with Dublin Unified School District to do a larger park. STATUS REPORT ON FIREWORKS BOOTH SELECTION 11:36 p.m.7.2(650-60) Fire Marshal Jim Ferdinand presented the Staff Report and advised that historically, a lottery system has been used to determine those non-profit groups that will be permitted to sell fireworks in Dublin. It has been suggested that a similar lottery system be used to determine sales locations for the various groups that will sell fireworks. After a review by Alameda County Fire Department Fire Marshal, Jim Ferdinand and Don Hewell of American Promotional Events Inc., Staff concluded that the current system works well. In 1997, the City Council voted to allow the non-profit organizations to share with other qualified groups in the sale and operation of the fireworks booth if CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 220 they were not drawn for that particular year and this has been a great help to the non- profit groups. Mr. Ferdinand state if we get involved in the site selection we would have to guarantee the sites and work with the property owners and get the releases, etc. They have established a history with a lot of sites in town. The other issue is that there are different fireworks vendors. Don Hewell, whose office is at 1780 Whipple Road, Union City stated he has been distributing fireworks here since it was under the County. He felt the procedure is fair for everyone. He spends a lot of time securing locations and it is a monumental task. A lot of the owners turn the task over to him to take care of and watch over the sites. The groups are very dedicated organizations. All the locations in Dublin do very well. Cm. Lockhart asked about Eastern Dublin and if we will be adding booths. Mr. Ambrose stated it is based on population and 3,000 is the number to add another booth. Cm. Lockhart asked if they would consider Hacienda Crossings as a potential location. Mr. Hewell stated in discussing the various locations, the senior citizens did very well at the Fandango’s location last year. Mayor Houston stated the property owner has to be agreeable. Cm. Zika asked about the concern of having 2 drawings; one to pick the groups and one to pick the locations. Mr. Hewell stated this would take the flexibility out of his operation. He knows most of the organizations from dealing with them over the years. The groups are notified with plenty of time to put together their sales. Tammie Lund, 8466 Longford Way stated she did not get a copy of the report until tonight. There would actually be 3 rolls of the dice because of scheduling to pick up their supplies. She felt the City Council should recommend that every organization have the same opportunity to earn the same amount of money. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 221 Cm. Lockhart asked her why they didn’t go with a different fireworks company. Ms. Lund stated she was new last year and she was not familiar with the various options. She was not aware that she could go with another company or that they could get together with another group and team up. Mr. Ferdinand stated the packet that goes out allows them to see other companies they can deal with. All the dates are spelled out. In the past we have secured the sites with the applications. Cm. Zika stated he wants to have a second or third drawing for sites. The third would be to pick up fireworks from the truck or wherever. Cm. Lockhart asked how they would deal with specific requests of property owners. Mr. Ambrose stated the problem is we don’t have any control over the sites. Any individual group can go out and get their own site. Our ordinance doesn’t provide for this. Mayor Houston pointed out it is a lot of work. Cm. Lockhart stated she felt there are so many issues that go into this that should be considered. One group may be willing to work harder or keep their booth open longer hours. Cm. Zika made a motion to have another lottery drawing to select sites. The motion died due to lack of a second. On motion of Cm. Lockhart, seconded by Cm. McCormick, and by majority vote, the Council agreed to take no action and maintain the current process. Cm. Zika voted in opposition to the motion. DUBLIN RANCH PHASE I INTERIM AGREEMENT PA 98-045 12:12 a.m.8.1(600-60) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 222 Community Development Director Peabody presented the Staff Report and explained that an Interim Agreement for Dublin Ranch Phase I (847 single family and multi family units) will allow the developer (MSSH) to receive up to 125 building permits prior to the effective date of their development agreement which is required before the developers can pull building permits. The DA is to become effective approximately May 20. th MSSH will be constructing improvements to Tassajara Road and the neighborhood park. Cm. McCormick asked if they will be subject to the new codes we may be looking at in May? Mr. Peabody stated they will pay the fees that are in effect at the moment, at the time the building permits are pulled. Mr. Ambrose stated the main purpose of the interim agreement is for them to take advantage of the timing of the construction season. Cm. Zika clarified if we develop a new fee tonight, it will not impact this. Mr. Ambrose stated it depends on when building permits are issued. Cm. Zika asked about the chances of pulling 125 permits before the new fee goes into effect. Mr. Peabody stated it is quite possible that they could pull these. This is not an end run to avoid fees. They will be subject to whatever codes are in effect at the time. Cm. McCormick asked if we will be reviewing the building codes in May. Staff responded that they hope to bring them before the Council in May. They require two readings, however, and then it’s 30 days before they become effective. On motion of Cm. Lockhart, seconded by Cm. Howard, and by majority vote, the Council adopted RESOLUTION NO. 61 – 99 APPROVING AN INTERIM AGREEMENT BETWEEN CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, 1999 PAGE 223 On motion of Cm. Lockhart, seconded by Cm.' Howard, and by majority vote, the. Council adopted RESOLUTION NO. 6i 99 APPROVING AN INTERIM AGREEMENT BETWEEN MSSH DUBLIN DEVELOPMENT LLC AND THE CITY OF DUBLIN FOR PA 98-045 DUBLIN RANCH PHASE I PROJECT Cm. McCormick voted in opposition to the motion. (The Council next considered Items 6. 3, 6. 6 and 6. 7) STUDY SESSION ON ZONING ORDINANCE SIGN REGULATION AMENDMENTS 12:58 a.m. 8.2 (400-30) This item was continued to a future meeting. OTHER BUSINESS Educational Summit (515-60) Mayor Houston stated the invitations will be going out soon for the educational summit, so everyone should get their list of addresses in to Staff so they can be forwarded to the School District. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 1:00 a.m. ATTEST: LC~y~er~c- -- CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING April 6, l??? PAGE 225