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HomeMy WebLinkAbout07-20-1999 CC Adopted MinutesREGULAR MEETING – July 20, 1999 A regular meeting of the Dublin City Council was held on Tuesday, July 20, 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. CLOSED SESSION 7:08 p.m.10.1(640-30) The Council recessed to a closed session to consult with Legal Counsel – anticipated litigation – initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 – one potential case. REPORT ON CLOSED SESSION ACTION Mayor Houston announced that no action was taken. The Council meeting reconvened at 7:22 p.m., with all Councilmembers present. ITEM ADDED TO CITY COUNCIL AGENDA CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 402 7:22 p.m.6.5A(360-20) Cm. Zika stated a public hearing has been noticed for tonight’s meeting for the proposed Dublin Ranch Street Lighting Maintenance Assessment District. However, the public hearing was not placed on tonight’s agenda. After the agenda was posted, Staff learned that the hearing must be held tonight in order to meet the County’s requirements to get the assessments on the assessment roll for this fiscal year. Pursuant to Government Code Section 54956.9, subdivision (b)(1), Cm. Zika moved that the Council find there is a need to hold a public hearing on the proposed Dublin Ranch Street Lighting Maintenance Assessment District at tonight’s meeting; that the need to take this action came to the attention of the City after the agenda was posted; and that Agenda Item 6.5 be added to the agenda to conduct a public hearing to hear any protests to the proposed Dublin Ranch Street Lighting Maintenance Assessment District. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council added the item to the agenda as Item 6.5. INTRODUCTION OF NEW EMPLOYEES 7:24 p.m.3.1(700-10) City Manager Ambrose introduced Jason Behrman, the City’s new Management Assistant. Jason stated he is happy to be with the City of Dublin. There is a great staff here that works very hard to make this a better place to live. Mr. Ambrose advised that new Dublin Police Services Deputy Derek Hesslein was unable to be at the meeting tonight for introduction. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 403 CERTIFICATE OF APPRECIATION 7:25 p.m.3.2(610-50) A Certificate of Appreciation was presented to Anu Gill, in recognition of her services as Student Representative on the Parks & Community Services Commission this past year. A Quill Pen was also given to Ms. Gill. Anu thanked the City for giving her an equal opportunity to be a voting member of the Commission. Next year she will be attending U. C. Davis and probably going into pre-med. She stated she learned a lot. Mayor Houston indicated there was a special item not on the agenda but very important for Dublin and for which he would like special recognition given. The City established a goal and pledged $150,000 in matching funds for technology to help the Dublin Unified School District. People in the business community have stepped forward and this will have a big impact on our schools. Through the efforts of three men, Jim Tong, Marty Inderbitzen and Ted Fairfield, we have a contribution of 100 brand new computers to go to the School District. They were delivered yesterday. We see this as the first of many successes that we can share. He thanked them personally for all the things they have done in the past and stated this is a great start to a wonderful program. Dr. John Sugiyami, School Superintendent stated School Board members were also present. He introduced Kevin Hart, Tanya Clark and Michael Bischoff. He thanked Mayor Houston for conceiving of this project. This speaks again to the strong partnership that they have with the City. In many communities, this is not always the case. He sees time and again the City’s support for our schools. He thanked Ted Fairfield, Jim Tong, CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 404 Marty Inderbitzen and the Lin Family for their contribution. These computers will make a big difference. Kevin Hart stated he brought his 5 children tonight to illustrate how important computers will be for all the children in the District. He thanked Dublin Ranch, the School Board and the City Council. Tanya Clark, President Pro Tem of the School Board expressed her appreciation to the City. It is just great. She stated she feels like a child on Christmas morning. They will be a tremendous help to our students. She stated she is grateful for all the City has done. She has never seen a City so willing to participate in the schools the way Dublin does. She thanked the 3 gentlemen responsible for the goodies. Rhonda Goldstone, Executive Director of DPIE and parent of a high school student stated it’s very important that her daughter has the skills to take her out in the world. She thanked them for being a part of DPIE and the City for their vision. Mayor Houston stated over the 4 of July there were a lot of elementary th school parents working to raise funds and we are starting to get community support. He thanked the Lin Family who has done many wonderful things in our community. He asked that the City Council authorize him to write a letter thanking them for this gift. CONSENT CALENDAR 7:36 p.m.Items 4.1 through 4.15 On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of July 6, 1999; CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 405 Accepted (4.2 150-70) gifts for the Senior Center ($496.25) and Heritage Center (Edison Phonograph and one pair of toddler’s red button top shoes) and directed Staff to prepare formal acknowledgments to donors; Authorized (4.3 600-40) the Mayor to execute an Agreement with the Alameda County Library for 1999-2000 Contract Services (21 hours); Adopted (4.4 930-30) RESOLUTION NO. 133 – 99 AUTHORIZATION FOR GRANT APPLICATION FOR THE 1999 TRANSPORTATION FUND FOR CLEAN AIR PROGRAM FOR THE CONSTRUCTION OF THE ALAMO CANAL BICYCLE TRAIL PROJECT Awarded (4.5 350-20) purchase order to Synchronex, Inc., ($7,036) for replacement Traffic Signal Cabinet which was damaged by an automobile accident at the Dublin Boulevard/Dublin Court Intersection; Awarded (4.7 350-20) purchase order for replacement LED Traffic Signal Modules to Synchronex, Inc. ($13,195); Adopted (4.8 350-40) RESOLUTION NO. 134 – 99 DECLARING SURPLUS PROPERTY and authorized Staff to proceed with transfer of property to Nationwide Companies (Commercial Auction Systems) pursuant to their current agreement with the City; Approved (4.9 600-30) Architectural Services Agreement with Arch Pac, Inc., ($13,000) for the Dublin Swim Center Renovation, Phase II, and authorized the Mayor to execute the agreement; Received (4.10 320-30) the City Treasurer’s Investment Report for the 4 th Quarter of FY 1998-99 indicating that the City’s investment portfolio totals CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 406 $34,390,208 (market value), with funds during the 4 quarter invested at th an average yield of 5.332%; Adopted (4.11 600-30) RESOLUTION NO. 135 – 99 APPROVING AMENDMENT TO AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS Adopted (4.12 600-30) RESOLUTION NO. 136 – 99 APPROVING AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR UPDATE OF VALUATION ANALYSIS REPORT SERVICES Approved (4.15 300-40) the Warrant Register in the amount of $1,332,999.00. Vice Mayor Lockhart pulled Item 4.6 related to Heritage Center Improvements and stated she thinks it looks beautiful over there. With regard to the wedding court, she asked if there are any plans to cement the court. Mr. Thompson stated phase II work which is not complete yet did the wedding court and all the landscaping and it will remain the way it is. Vice Mayor Lockhart stated she can’t quite picture brides going out and standing in the dirt to get their pictures taken. It’s not clean and it’s not smooth. Mr. Thompson stated it’s called quarry dust. This area is about 20’ x 20’. There is a tree in the middle and irrigation around the sides. Staff could take a look as another project, to put in sod. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 407 Vice Mayor Lockhart requested that we take a look at this as she felt it would be much more practical. A comment was made that sod might not be the best solution either because brides could get their high heels stuck. Mr. Ambrose advised that our Heritage Center Director will get some feedback on this also. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council accepted (4.6 600-30) improvements under Contract 98-11A, Heritage Center Improvements, Phase I, and authorized $9,034.91 payment to Grade Tech, Inc., and release of $4,788.28 retention after 35 days if there are no subcontractor or supplier claims. Cm. McCormick pulled Item 4.13 from the Consent Calendar and with regard to the contest for the logo, asked if it will come before the Council. Since it is a City sanctioned event, she felt this might be wise. Mr. McCreary stated they have not yet made the choice. Cm. McCormick stated she didn’t particularly like the one last year. The leprechaun looked somewhat scary and several people felt this way. Mayor Houston expressed concern about the timing to get use of the logo. He suggested maybe they could contact Cm. McCormick and have her take a look at it. The Council stated this was agreeable. Cm. McCormick asked if she could also have somebody else come along; perhaps someone from Dublin Fine Arts. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 408 Vice Mayor Lockhart stated the report says up to 150 artists and commercial vendors will participate. She asked if we are close now to signing up that many. Dan Mays with GoodTimes Promotions stated they currently have 35 commercial vendors and 33 confirmed arts and crafts vendors. They are out there everyday working on this. Vice Mayor Lockhart asked about the layout for the classic hotrods. Mr. Mays advised that they will be at the south end and north end of Amador Plaza Road. Last year, a lot of traffic was up in the right corner and they want to get something at each end to get people to go through. Cm. Howard asked if they will have more covered areas. People last year were looking for shade. Mr. Mays stated each pasta patio will have tables with market umbrellas. The main stage area will have 40’ x 100’ tents. We will hope it’s not 110 degrees this year. Vice Mayor Lockhart asked if Valley Auto Center will be advertising on their sign. Mr. Mays stated yes, they will be working with them. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council received (4.13 950-40) an update report on the 1999 Dublin Pasta Festival. Vice Mayor Lockhart pulled Item 4.14 from the Consent Calendar and asked how long this project will take. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 409 Mr. Thompson stated probably about 4 months. We’ve put in the contract that they can close the street up until school opens. The rest of the work they’ll be able to do with traffic on the street. Cm. Zika asked if open up means at least 2 lanes. Mr. Thompson responded yes. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.14 600-30) RESOLUTION NO. 137 – 99 AWARDING CONTRACT 99-06 DUBLIN BOULEVARD IMPROVEMENTS IN THE VICINITY OF HANSEN DRIVE TO BAY CITIES PAVING & GRADING, INC. ($466,618.35) REQUEST FOR BMX PARK 7:47 p.m.8.1(950-40)Item taken out of agenda order Parks & Community Services Director Diane Lowart presented the Staff Report and summarized that the Parks & Community Services Commission recommends pursuing the development of a BMX park and recommends the formation of a sub-committee to work with Staff and interested BMX riders to evaluate potential sites and to determine how such a park would be developed and funded. The sub-committee would also need to generate neighborhood support if the potential site is in proximity to residences. Vice Mayor Lockhart asked about the risk element being viewed relatively low, and how this compares with a skate park. Ms. Lowart stated it is in the same arena. We were approached years ago for a skate park and over the years it has become more accepted and CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 410 legislation has been adopted that covers the City a little more. We checked with ABAG, and they came back and said they could cover us. We would look at legislation that deals with BMX parks. Cm. McCormick commented that the report says the one in Livermore (LARPD) serves the City of Livermore and greater area. Others can use that park. They average about 30 a day and 60 on weekends. She feels this is a small number for such a large area. Ms. Lowart stated we have been asked to consider a half acre and 10 to 20 kids might be a big day. They were previously using the area behind the Civic Center. The cost is relatively small for the type of park they want. Fred Yarra, Jr., 7871 Barn Hollow Court, stated he was here to unofficially represent the kids and parents in support of a BMX park. This could be a great benefit to the City. The sport is growing. There are a lot of kids in this town that ride BMXs and they will find a place to ride whether it’s an official place or not. A lot of times this is not a good thing to do. They’re looking for a venue to ride and practice just for the fun of it. He stated he would be glad to help in any way he can. His kids are involved in racing, but they also like to ride for fun. Mayor Houston asked about the one in Sunol. Mr. Yarra stated Livermore is unique and run by the parks department so it’s open most of the time. Others are private and only open to the American Bicycle Association (ABA), and you usually have to be a member and it’s for racing only. Livermore is open to the public and races are on Saturdays. He heard they were trying to get a sanctioned track in San Ramon. What kids need is a nice safe place designated just for this purpose. Janet Fasulkey, 7776 Topaz Circle, stated as a resident of Dublin for 12 years and living by the proposed site, she thinks it would be a wonderful idea to put something very simple there that lets the kids challenge themselves and burn off energy. It would be a much safer environment for them and build camaraderie with other kids in Dublin. Just knowing CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 411 where they’re at is the best option. She is in support of this. She knows a lot of parents who would support this. Build it and they will come. Derek Yarra, 12 years old, stated he races BMX in the ABA and it’s fun and there are not very many places to train and practice. It would be nice if there was one here so it wouldn’t take his parents so much time to take them there. A lot of his friends want to get into racing and they could see what a track would be like. Mayor Houston stated he thought establishing a sub-committee would be a good thing. He agreed that there should be a safe place for the kids and felt the corner of Stagecoach and Amador Valley Boulevard is at two main parkways and a challenge will be with traffic. He stated he was not sure this would be the best site, but was willing to have a committee look at this and other potential sites. Vice Mayor Lockhart stated she had concerns about location also. This doesn’t seem too expensive to do and she did not feel it is a money issue. That hill happens to be the only passive open space we have in our community. Right now there is a lot of wildlife up there. If you put this at the base, it will interfere with walkers and runners and people that go up there to enjoy the wildlife. She would hate to see this be lost. She stated she would like to see maybe another location considered. There are possibilities. The school takes classes over there and studies grasses and they do creek work, etc. She commented on another location; where we are doing the Iron Horse Trail where it comes out at Amador Valley Boulevard and it will run all the way to the edge of the City Limits. This could potentially be a good location along the trail. She does support the sub-committee idea. Cm. McCormick stated she supports the idea of a sub-committee and also would want this location taken off the table. Cm. Zika asked if the committee could look at all locations. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 412 Cm. McCormick and Vice Mayor Lockhart stated they would not support this location. Mayor Houston stated he felt they should look at all sites. On motion of Cm. Zika, seconded by Cm. Howard, and by majority vote, the Council approved the formation of a sub-committee to work with Staff and interested BMX riders to evaluate potential sites for a BMX park and to determine how such a park would be developed and funded. Cm. McCormick voted in opposition to the motion. PUBLIC HEARING APPEAL OF PLANNING COMMISSION DENIAL OF MUNCHKIN-CARE DAY CARE CENTER CONDITIONAL USE PERMIT FOR A CHILD DAY CARE CENTER FOR 30 CHILDREN 8:10 p.m.6.1(410-30) Mayor Houston opened the public hearing. Senior Planner Dennis Carrington presented the Staff Report and explained that Munchkin- Care Day Care Center is appealing a decision of the Planning Commission denying a CUP for a Day Care Center for 30 children located at 11586 Alegre Drive. The center would operate from 7:00 a.m. until 6:00 p.m., Monday through Friday. The Applicants would have to move out of the residence if their request for 30 children is granted due to space requirements of the State Department of Social Services. Sue Krishna and two employees would operate the facility. Mr. Carrington stated the Applicants, in their appeal letter and the letter outlining the appeal from their attorney, Marjory Gibson, did not provide reasons and grounds for why the Day Care Center for 30 children should CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 413 be approved on appeal. Those letters did provide reasons and grounds for why a Center for 20 children could be approved instead. Mr. Carrington explained that the task of the City Council is to decide if the decision of the Planning Commission to deny the proposed Day Care Center for 30 children should be sustained or not. Three options are: 1) the City Council could decide that the Planning Commission action be sustained and that the Center should not be expanded beyond the existing 12 children; 2) the City Council could overturn the Planning Commission decision and approve a Center for 30 children; or 3) the City Council could decide that the Planning Commission decision should be reversed, subject to a limit of 20 children. The Planning Commission’s main areas of concern related to parking, noise, traffic impacts at the end of a cul-de-sac, adequate staff to allow for sufficient coverage while a staff member escorts children to Nielsen School, and commercial use in a residential area. Mr. Carrington stated the Applicants, in their appeal letter, through their representative and in conversation with Staff, have proposed that the project be modified to a Day Care Center as follows: 1)The maximum number of children would be 20. 2)Delete an activity area that was previously converted from a garage parking space to restore the parking space in the garage. This would result in 3 garaged parking spaces and provide 1 space per staff member (if the total staff number does not exceed 3). 3)To add outside playtime from 9:00 a.m. to 10:00 a.m. in addition to the outside playtime hours originally proposed from 3:00 p.m. to 5:00 p.m. 4)The Applicants propose to live in the day care center as modified. 5)An amended Parking and Traffic Mitigation Plan is proposed that would require conversion of a current playroom area occupying a former garage area back to a garage, use the main entry to the house rather than a side gate for the center entrance, and a requirement that parents of school-age children park in spots other than the driveway and front drop-off space and walk their children to the center. 6)An amended parking and Drive Safety Agreement. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 414 Mr. Carrington discussed licensing and the letter from the Board of Directors of the Silvergate Highlands Association. The City is not a party to the governing documents of homeowners’ associations. The prohibition of certain land uses by such documents is a Civil matter between the residents of the association. In summary, Mr. Carrington stated Staff recommended that the City Council conduct a public hearing, deliberate, and either: Option 1.Direct Staff to prepare a Resolution sustaining Planning Commission decision to deny the CUP for Day Care Center for 30 children. Option 2.Direct Staff to prepare a Resolution reversing Planning Commission decision and granting a CUP for a Day Care Center for 30 children and to prepare a Resolution adopting a negative Declaration for the project. Option 3.Direct Staff to prepare a Resolution reversing Planning Commission decision and granting a CUP for a Day Care Center for 20 children with appropriate conditions and to prepare a Resolution adopting a Negative Declaration for the project. Cm. Zika asked if the Planning Commission considered the 20 children alternative. Mr. Carrington stated he did talk about a 20 child option in the Staff Report, but they elected to deny the 30 children. They only talked about the 30 child option. Mayor Houston commented that he had received 30 speaker slips, and there will be comments at extreme ends of the spectrum. He requested that people keep their comments brief. If someone states facts and the next speaker agrees, it is okay to just indicate agreement with previous comments. Marjory Gibson, Attorney representing the Krishnas, stated her clients request that the City Council overturn the decision of the Planning CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 415 Commission and allow 20 children. She stated she was a member of the Oakland City Council for 13 years. It is difficult for childcare facilities to be located in a commercial setting and this is usually cost prohibitive. Yet, for a community to be attractive for young families, it must have affordable childcare. Almost no neighborhood is willing to allow this in their areas. The Munchkin staff can walk children to Nielsen instead of creating more traffic moving and more air pollution. They have willingly adopted the Staff’s recommendation of a 20 child option. This option was really not considered by the Planning Commission. They are really talking about 8 more children, of which 4 would be attending Nielsen School. Her clients have revised the parking restrictions as proposed by Staff. With regard to noise concerns, Staff reviewed and found enough distance to lessen the impacts. Traffic noise would be at most 4 additional cars and would have a minimal impact. She stated her clients wish to speak. What they request is approval of the 3 option. rd Sue Krishna who manages Munchkins stated we seem to be forgetting the needs of our children. They provide a home away from home. They receive love and are given every opportunity to play, learn and grow in a safe nurturing environment. Any child who needs childcare should get the best quality care. She quoted Ms. Clinton in that it takes a village to raise a child. We all must play a part and be involved. Mayor Houston requested that she fast forward and make comments pertinent to tonight’s decision. Ms. Krishna stated she will make sure none of her neighbors are compromised. If given this opportunity, she will give the City a childcare they can be proud of. Cm. Zika asked if she is licensed for 14 children. Ms. Krishna responded she is licensed for 12. If you are licensed for 12 you can actually have 14, if 2 of them are school age. Her own children are considered part of the daycare. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 416 Cm. Zika clarified that if she is licensed for 20, it is only for 20, not 22. Jay Krishna stated he wished to respond to each of the parties in opposition. The Planning Commission denial was based on concerns that were unfounded in reality. The issue of their 6 spaces was reviewed by the City’s Planning Department and they were not sure they couldn’t park in tandem. Periodic congestion is valid only if everyone converges at the same time. This is not reality and the fact has been supported by the record. With regard to adequate Staff, they will always adhere to state licensing requirements. As far as commercial use in a residential area, they understand that childcare and senior care are permitted by use of a CUP by the City. They respect their neighbors for their constructive criticism, but clarified some misrepresented comments. They will have all parents sign a traffic safety agreement. They will make sure all parents use their driveway for parking so as to not block their neighbors’ driveways. It was incorrectly stated in the Planning Commission report that they do not live there. They do and they intend to continue to live there. They hope the City Council will approve their amended application. Mayor Houston read comments from several speakers who did not wish to speak. Rene Garcia, 11625 Alegre Drive, “I oppose The Center to much traffic in court and to many children. Do not want it.” (sic) Angelica Perea, 11550 Alegre Drive, “I am strongly oppossed (sic) to the expansion!” Martha Ketchem, 11624 Alegre Drive, “Please do not approve this expansion 30 more cars up & down this cul-de-sac could be a quite a safety hazard.” Maddi Misheloff, 11613 Alegre Drive, “I/we are opposed to the daycare expansion to 30 children. The traffic will be a problem on an enclosed cul- CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 417 de-sac. I/we are also not in favor of a home becoming commercial property if the owners expand to 30 and move out to accomodate (sic) a business.” John & Carol Goss, 11601 Alegre Drive, “Per our e-mail we are opposed to this increase due to traffic, parking, and the fact that this is a residential, quiet cul-de-sac with several small children presently living here.” Marilyn Irwin, 11624 Alegre Drive, “Please do not permit expansion of the day care center – Our street should be kept a residential area, not turned into a Business district.” Tammy Santos, 6608 Pioneer Lane, “I am in favor of Munchkin care expansion.” Medha Joshi, 8220-G North Lake Drive, “Good day care for young children is in very short supply in Dublin. A good & responsive daycare like Munchkin’s should be given an opportunity to expand & help more kids.” Beth Kilburn, 11333 Rolling Hills Drive, stated her son Benjamin has attended Munchkin for 3 years and parking seems to be the issue. She is incensed that they are accused of not knowing where and how to park. She is usually always able to park in the driveway. She has never had a problem finding an appropriate place to park. If there is such a problem, why did one person park their cars in the middle of the street for a photo opportunity. This is distorted evidence. If parking and blocked driveways have been such a problem in the past, why was no previous action taken before this application was filed. Daycare is important in every community. The people on the street who don’t need daycare, don’t understand its importance. She stated she hopes the City will allow other children to participate and be a part of Munchkin. She requested that the Council base their decision on the truth and legitimate facts. Cindy Sebastiani, 8119 Cardiff Drive, stated she has 2 children who attend. The oldest has been there almost 3 years now. Her second child who is 9 months old also attends. She was concerned about finding CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 418 quality daycare and initially narrowed her search down to 6. The first one, she could not believe her eyes. A 9 month old baby had a fist full of dog hair. She was appalled. She went to the Krishna’s home and it was just the opposite. It was such a clean environment and a loving home. They not only wash their hands after changing a diaper, but they wear gloves. She stated she is very cautious driving there and always parks in the driveway. There is no parking problem. She is in favor of expansion. Rick Fukamaki, 11524 Steambed Place, stated if there is some legitimacy about traffic, the City Council should concur that in the morning the entire block is filled with parent’s cars dropping off kids at Nielsen. This impact is much more than children going to Munchkin. What’s good for the neighborhood, but also what’s good for the community should be considered. He has a real appreciation for good quality care. It’s important to balance the needs. He has 2 children there and they’ve been there almost 3 years. Having been through the search for daycare, not only here but also in Southern CA, it is comforting to know they are taken care of in a way that he would do for his own children. Suhasini Iyer, 1 Elmwood Drive, San Ramon, stated she has 2 children who use Munchkin. Her younger daughter has been there 4 years. She picks her up everyday between 5:00 p.m. and 5:30 p.m. and has never had any problem with parking and has low tolerance for speeding. She is sensitive to cars going by 10 to 15 mph. She knows all the parents who have children there and has never seen any of them speed. She sees no problem with parking and/or speeding at all. She stated she supports the expansion. Madhurah Raui, 42 Longhorn Court, was called on to speak, but reportedly had to leave the meeting. Tony Zumich, 11599 Alegre Drive, stated he is one of 12 houses on the court. This is a difficult topic to address. He has a 1 year old daughter that he would have no problem going there. The problem is unique with the volume of cars because of the school. He reiterated the fact that two years ago he supported the increase from 6 to 12. Unfortunately, this CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 419 street cannot support an additional increase. None of the neighbors supports this because of the number of cars. Gemma Lathi, 11518 Soleado, stated she supports the expansion. She felt if we can find solutions to problems, we should concentrate all our efforts there instead of the other issues. If there is a solution to their concerns, this is where we should concentrate all our efforts. She wants the residents of Dublin to be well provided for. Curtis Susuki, 7641 Arbor Creek Circle, stated he has 2 school age children who go to Nielsen and also Munchkin. They are not adding to the traffic there because if they weren’t walked to school, they would be driven by he or his wife. As far as speeding or parking, he has never witnessed a parent going more than 10 or 15 mph and has never seen any driveways blocked or any other excessive parking in that area. He usually sees one or two other parents at peak times when he drops off the kids. The parents who go through there are usually pretty staggered. Ronald Oto, 11612 Alegre Drive, stated he was opposed because the expansion will increase the traffic. He wanted to be in a cul-de-sac because it is residential. There is plenty of commercial property where they could operate. The City Council is here to look out for his kids. He doesn’t let his kids ride their bikes in the street until after he gets home. If this is approved, maybe other businesses will be run in the neighborhood. Mary Miller, 11600 Alegre Drive, stated she lives 2 houses down. When they brought forth the proposal for 12 children, she did not even notice, but now it is clear they are running a childcare down there. Their street is about 300’ long and at the end is Nielsen School. When they moved there, they realized there would be traffic on their street. They just dealt with it. She has a little parking pad where she used to park, and several times people from the daycare blocked her way and she had to park on the street. She is opposed to expanding. San Ramon recently went through a similar situation on a cul-de-sac. They required the parents to drop off the kids on the street rather than drive on the cul-de-sac. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 420 Susan Sanos, 7506 Amarillo Road, stated she lives on the corner and across the street from Nielsen. She is opposed to the expansion. She is a first hand witness to what additional traffic can cause. There is no parking available on Amarillo Road during school times. Flordeliza Misra, 11598 Alegre Drive, stated since May of 1996 they have expressed concern as next door neighbors. On quite a few occasions they have had trouble getting in and out of their own driveway. Her customers use the parking spaces in front of her house. Parking regulations are unenforceable and you cannot expect them to monitor the parents. How can staff say there will be no increase or impact going from 14 to 20 children. She quoted traffic statistics. Alegre Drive is a cul-de-sac and all traffic must go in and out the same way. It would be more appropriate for Staff to observe when school is in session instead of on June 17 when th Mr. Carrington said he observed. They would like the City to decide against their increase. They regretfully oppose the expansion. Edward Perea, 11550 Alegre Drive, stated he lives just west of Munchkin. He passed out pictures to the Council and showed an overhead of the cul- de-sac. He has lived there about 2 years and was there when they expanded from 6 to 12. Three staff are presently working at the daycare center. Two spots are on the driveway and often cars are parked in tandem. They have witnessed people who pick up their kids speeding down the street. The people from Nielsen School use their street as a turn around. He doesn’t want to take a chance that this could affect property values. This could be a negative disclosure tool. There are numerous inconsistencies in the staff reports and environmental studies. Mr. Carrington first said 3 to 4 minutes per car and then he said 6 to 7 minutes during testimony. Which is correct? The only way 6 cars can park in their driveway is in tandem, which is against the law. Juggling the numbers of 12 to 14; not sure which is which. The attorney representing the Krishnas said there will be an increased number of drop off spaces due to siblings. This will require more staffing to take care of babies, depending upon the number of infants at the center. This will mean more required parking for staff. If you allow 20, you will need to consider that this could be 20 different parents. With regard to the parking and driving CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 421 safety agreement, he asked who will enforce this 10 mph speed limit and who will monitor it? Who will watch the kids? With an increase to 20, their concerns will continue. The pictures show there are more than 2 or 3 cars at one time. They did not object to the expansion the first time, but this is a business. They intended to move out if they got 30. There are problems with traffic congestion and he looks forward to coming home after commuting on the Sunol Grade. He stated he knows the City Council will make the right decision and vote against this expansion. Sally Leonard, Childcare Links, 1576 Catalina Court, Livermore, stated there is a dire need for spaces in Dublin. Their experience shows that traffic flow is staggered and it does not come all at once. A staff of 3 will provide adequate staffing for 20 children. Mayor Houston asked about the approval for 12 but they can actually have 14. Ms. Leonard explained that a small family childcare home is for 6 and a large is for 12 and the law was changed about 2 years ago to allow a small home to have up to 8 if 2 are 6 years or older. A large home may go from 12 to 14 likewise if two of the children are 6 years or older. Danny Kilburn, 4459 Downing Court, Pleasanton, stated he agreed with everything his wife had said in support of the daycare center. There is much suspect information going on here. He stated he has never once in 3 years seen a driveway blocked or never once seen a speeding parent. Mayor Houston read several letters and messages which had been received: Joan Nolan, 11644 Manzanita Lane. “This letter is in regards to the Munchkin Daycare Center. I have known Sue for several years and, believe that she provides a healthy and safe environment for infants and children. The expansion of her facility would be an asset to the families of Dublin. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 422 Therefore, I urge you to strongly consider the appeal for expansion of the Munchkin Daycare Center. Sincerely, Joan Nolan” A telephone message from Louis Hale, 7530 Amarillo Road was read. “He lives on Amarillo Road and has 3 parking spaces in front of his house. They’re always taken & he would not want to see Munchkins Daycare approved for 30 kids. This would make parking even worse. He can’t attend the meeting tonight, but wanted to submit his comments.” Kenna Wells Kavalaris, 6834 Mansfield Avenue. “I am writing this letter in support of a request to increase the number of children allowed for Munchkin Care at 11586 Alegre Drive owned by Sushma Krishna. I have had occasion to visit Mrs. Krishna’s day care many times over the last year and a half. I am of the opinion that if I were in need of day care, I would consider myself lucky if she could provide it. She really loves what she does and cares about providing a safe and loving place for children when their parents cannot care for them. For the past 16 years I have lived on a street where there are 3 homes that provide day care services, all within 7 houses of my own, and totalling (sic) somewhere around 25 children at any given time. I have not found them to be disruptive in any way. I have never been bothered by noise or messy front yards. And, since the parents do not all arrive at the same time and only park their cars long enough to pick their children up, traffic has never been a problem. Please reconsider your decision to deny Munchkin Care’s request to increase the number of children they may care for. I am quite sure Mrs. Krishna’s day care would be an asset to the community. Sincerely, K W Kavalaris” Mr. & Mrs. Julian S. P. Misra, 11598 Alegre Drive. “We are very much concerned, being the next door neighbors of this proposed expansion of the day care center owned by Mr. & Mrs. Krishna. We see several problems arising from the conditional permit given by the City to the owners of the business. When we bought our house at 11598 Alegre Drive in 1986, we expected the neighborhood to remain residential for not only our child but also the other neighbors’ children. When Mr. & Mrs. Krishna opened their business, Mrs. Krishna told us that she will only be caring for two to three CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 423 children and then when they expanded their business in 1997, Mrs. Krishna told us that the number of children she will be caring for was six at the most. We found out from Mr. Dennis Carrington that the number of children is twelve which has had a big impact on traffic, parking, noise and safety for residents of the neighborhood in the cul-de-sac. We also found out during the Planning Commission meeting which we attended that the day care is now caring for fourteen children which exceeds their present permit that calls for a maximum of twelve children. On quite a few occasions, we have had trouble getting in and out of our own driveway as the cars coming to pickup or drop off the children had the entrance to our driveway blocked. Mrs. Krishna’s caregivers also use the parking spaces in front of our house. Speeding is also a problem as parents are rushing to drop off or pickup their children. Since the last expansion of this business, traffic, parking close to our home, and noise have definitely increased. Alegre Drive is a cul-de-sac and not a through street which makes matters worse as people are constantly making U-turns or backing out of the driveway of the day care center. In the past, we only had to deal with the problems of traffic and parking from activities of the Nielsen School. Now due to the last expansion of the day care center in 1997, it has become worse. The expansion of this facility will also have a negative impact on the resale value of the homes in the neighborhood. Disclosure of the presence of a daycare facility in the area is necessary in all real estate transactions. We would also like to remind the city that the subdivision is zoned residential not commercial. We are not preventing Mr. & Mrs. Krishna from having a business but we would like to recommend to the city to decide against their conditional permit of expansion. In the past, we did not protest or complain, simply because we were trying to be good neighbors to them. This time though, we regretfully object to the expansion of the day care center from what it is now to a maximum of thirty children. We would like to remind the city that the Planning Commission voted 4-0 against this proposed expansion of the facility last month. If you have any questions regarding this letter or its contents, please call us at 833- 8472. Sincerely, Flordeliza A. Misra and J. S. P. Misra.” CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 424 Tina Corso stated her sister-in-law runs a daycare center and she has a circular driveway and it is fast. This works well. The person standing there takes the kids. Mayor Houston closed the public hearing. Vice Mayor Lockhart stated she felt there certainly has been volumes of information presented on this issue and everybody has a strong opinion one way or the other. She looks for two things in daycare issues. It is our responsibility to provide daycare in our community. Where the centers are located, are up to where people want to do them. It is incumbent on all the people to understand that good daycares are a necessity for our community. It is a natural to walk children back and forth being close to a school. As far as living in a cul-de-sac, in a perfect world, they wouldn’t have cars. The two most important words are compromise and mitigation. She tries to look and see if these things exist. They are willing to take their garage and turn it back to a garage which removes the employee issue from the driveway. This is a mitigating factor. Out of the 8 slots left, the fact that 4 will go to school age children, this mitigates traffic on the street. Vice Mayor Lockhart stated she noted in all the pictures, there is an illegally parked trailer and no one seems worried about this. She felt the parents understand the concerns of the neighbors and applicants are trying to mitigate where possible. She stated she would support option 3 to increase to 20 children. Cm. Zika congratulated Ms. Krishna and Staff for running an outstanding daycare center. He drops off his grandchildren at daycare and there is always somebody upset about something. With the number of cars from Nielsen, he felt Alegre has done more than its share for the community and that it can’t handle any more. He stated he is also concerned if they grant an increase to 20, the fact that this was never fully discussed by the Planning Commission. This potentially negates the purpose of the Planning Commission. It’s not clear to him that the 20 children alternative was fully discussed by the Planning Commission. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 425 Cm. Howard stated she is on Cm. Zika’s side. She agreed that we need daycare, but the ones she has approved have been on streets that were not cul-de-sacs. She cannot go along with an increase in this area although she believes this is a very good daycare. Cm. McCormick stated she supports the expansion. We need 240 more daycare spots in our community. It bothers her to think that parking is more important than children. All they have heard about is what impact cars will have on this street. No one seems to be talking about the importance of children in our community. She stated she supports the expansion. Mayor Houston stated he felt the Staff Report talks about problems with up to 30 children. He stated he feels with the modification, the parking issue has been solved. You can’t make modifications to the house such as modifying it to make a play area from the garage. They hear this type of issue every year and the ones he supports, they keep the integrity of the house so that if and when the house sells, it is a residential house. He felt the parking issue has been handled and stated he was disappointed that this wasn’t handled at the Planning Commission level. Either they couldn’t or wouldn’t make a decision. Maybe it wasn’t on the table as much as it should have been for consideration of 20. He would want it put in that they can’t modify the house and there can never be signage on the property. There is a big need for childcare and we are looking at it in residential as well as commercial areas. This is an asset for the City. He stated he supports modifying it to 20. Vice Mayor Lockhart made a motion, which was seconded by Cm. McCormick, to support option 3 with the provision that there can be no signage and no modifications to the house. City Attorney Silver stated the motion should be a straw vote and the appropriate resolution will be brought back and put on the Consent Calendar of the next City Council meeting. She asked Mr. Carrington if there were any other conditions that needed to be listed. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 426 Mr. Carrington stated the conditions would include maximum number shall not exceed 20, the hours will be 7 a.m. to 6 p.m. and the drop off times will be listed. A potential condition would be that they prepare an agreement that parents would sign with the understanding that the City doesn’t really enforce it. We are not a party to this. Applicants and employees shall park in garage spaces or driveway and not on Alegre Drive. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, the Council supported option 3 with the provisions that there shall be no signage and no modification to the house. Cm. Zika and Cm. Howard voted in opposition to the motion. RECESS At 9:40 p.m., Mayor Houston called for a short recess. The meeting reconvened at 9:50 p.m., with all Councilmembers present. PUBLIC HEARING – PA 98-038 RECONSIDERATION OF RITE AID/KINDERCARE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW This item was heard out of order following Item 6.1. Mayor Houston announced that Item 7.2 would be heard next. 9:50 p.m.6.3(410-30) Mayor Houston opened the public hearing. Senior Planner Carol Cirelli presented the Staff Report and advised that the Rite Aid applicant is requesting a reconsideration of the approved CUP and SDR to construct a 16,700 sq. ft. retail drug store with a drive- through pharmacy. The applicant is requesting to relocate the drive- through pharmacy from the eastern building elevation (San Ramon Road CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 427 side) to the western building elevation where it had originally been proposed. The applicant is also requesting that the drive-through pharmacy operate from 7:00 a.m. to 11:00 p.m., instead of on a 24-hour basis. Ms. Cirelli discussed Staff’s analysis of the project which concluded that the drive-through pharmacy located along the western building elevation presented far less on-site circulation impacts compared to the drive- through locations along the northern and eastern building elevations. Staff recommended approval of the drive- through along the western building elevation based on the following reasons: 1) the drive-through accommodated adequate turning radii and sufficient space for vehicle stacking and the entire project's parking and drive aisle configuration facilitated a safe and free flow of on-site vehicular movement; and 2) the drive-through along the western building elevation presented minimal noise impacts due to: a) the fair amount of distance between the drive-through and the nearest Kildara resident; b) the KinderCare building acting as a noise buffer; and c) a condition of project approval requiring that the speakers for the drive-through be at a noise level which reflects the minimum functional volume and that speaker noises not be discernible beyond property lines. Ms. Cirelli advised that new CUP and SDR resolutions have been prepared if the City Council decides to approve the relocation request. The CUP resolution contains one new condition of approval reflecting the revised hours of operation of the drive-through pharmacy. Approval of Rite Aid’s drive-through pharmacy relocation request would not affect any of KinderCare’s planning permit approvals. Curt Smith, Developer for Rite Aid on this project, stated when the news about the Rite Aid remote drive-through reached upper management, they indicated that these do not work. They need face-to-face communication with a pharmacist, just as you would with a doctor. What Rite Aid has agreed to do as mitigation is to offer a compromise and limit hours. He introduced Jeff Halbert, who is in real estate with Rite Aid. The store would be open 24 hours, but the drive through would be limited. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 428 Jeff Halbert, Director of Real Estate and Store Development, stated unfortunately the impacts of a remote wasn’t properly conveyed to the City Council. He apologized for this and for the fact that he wasn’t able to attend the prior meeting. They have phased out this option for their stores. It’s important to have contact and this is a positive convenience for their customers. This is a key feature that makes this site work. He stated without this feature, it puts their project in jeopardy. Robin Chinn, 11812 Kilcullen Court, Kildara, distributed handouts giving a recap of the benefits and concerns. Their concerns were the visual, noise, safety and crime impacts to Kildara. She stated she was glad to see that the Council came up with many mitigation features. She also asked that the City recommend additional stipulation for trucks not to rev their motors. Under safety, Rite Aid does not believe crime will increase in Kildara due to their proximity. They are, however, no longer open 24 hours. They told her they had had 2 robberies there which were not reported to the police. This information was given to her by 2 different people and it was totally unsolicited. She was concerned that their request to change their drive through doesn’t have a hidden agenda. The other condition was getting $10,000 mitigation for traffic impact. The County told her the cost for 2 speed bumps is approximately $7,000. If they put in 6 they would like to ask for additional funds up to $21,000. Also, if they have significant cut-through traffic, she requested that we look at a stipulation that Rite Aid will give them additional money for wear and tear on their roads. Mayor Houston stated he wanted to nip the alleged burglaries in the bud. Mr. Halbert stated Rite Aid has very strict security in all their stores, even anyone lifting something out of the store. If someone came in and burglarized them, these incidents would certainly be reported to the police. He stated he believed Ms. Chinn got misinformation. Cm. McCormick stated she also had heard this rumor. She asked why the store did decide to limit its hours. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 429 Mr. Halbert responded that the store is huge and this is why they are trying to build a new store with security and systems in place. It is hard to police a store that’s 40,000 sq. ft. and staff it properly. In order to mitigate this, they decided to cut back the hours. The new store will be smaller and it will be open 24 hours. The cutback was done to minimize crime. Ms. Chinn said the two people told her directly that they were working there when it occurred. She did not ask them, they just volunteered this information. Nina Wixson, 7403 Cronin Circle, advised when she was informed about the robberies, she called Dublin Police Services and a Lt. Hardester confirmed there was no reporting of the incidents. She stated very specific items were described as being stolen. Mayor Houston stated either there was a police report and you have a problem or you don’t. It is disturbing that this is being brought in second and third hand with no proof. Ms. Wixson stated this is only information that should be considered. Nothing has changed since the last meeting where everyone agreed as to what was best for the community as a whole. The Rite Aid folks describe the use as low usage. She understood that most people would be picking up a refill. They were told if it is a new prescription, they would prefer that people come into the store. She did not feel that anything has changed and she was surprised that we are here again discussing this. The issue is very pressing here in Dublin and she stated she was sorry that Mr. Halbert had a more pressing issue elsewhere. Rite Aid was advised that this alternative was possible and now are having second thoughts about this. The area on the west is very secluded and the other side can be more easily policed. We need to consider the safety of Dublin residents as a whole and the quality of life of Kildara residents and keep the location which was previously approved. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 430 Mayor Houston closed the public hearing. Mayor Houston stated the material thing that has changed is a reduction in the 24 hour drive-through. The City Council needs to decide if this is acceptable or not. His concerns about the present Rite Aid site needs to be resolved before this can go forward. He is not really worried about this. The neighbors were concerned about lots of things late in the evening, so pulling this back to 11 p.m., does make a difference. Vice Mayor Lockhart asked if security could be considered as a conditional use for the store; having Rite Aid hire security in the evening hours. Mayor Houston stated he felt maybe they would be making a mountain out of a molehill. He does not believe any store in the City would allow burglaries to take place and not report them to the police. This should not be blown out of proportion. Vice Mayor Lockhart stated she felt maybe it was theft and got twisted. Security is not just for the merchandise inside the drugstore. It is also an issue for the neighbors. Could we just say for the evening hours, that they have some sort of security available. Ms. Silver stated the Council could pose this to the extent of concern with security as part of the drive-through, but not with any other part of the project. Vice Mayor Lockhart stated she was trying to make it work. Mayor Houston stated he felt with regard to other people who may not belong in an area, we had a situation at Iceland a few years ago. This area is now vacant and nothing is there. Right now there may be people there who shouldn’t be. When you light an area and have proper security measures, it enhances safety rather than taking it away. Vice Mayor Lockhart asked if there is a camera on the drive-through. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 431 Mr. Halbert stated anytime there is possible exposure to danger, the pharmacist is standing right there. This eliminates a transaction occurring away from someone who can monitor it with their own eyes. A camera would record the transaction going on between the pharmacy and the car. Chief Thuman stated typically during the course of a shift, this beat is patrolled by 2 units. Historically, we find that the entire western side of Dublin, the crime rate is extremely low. The part 1 crimes for that area from June of last year to June of this year, were two. Part 1 crimes include things such as burglary, arson, sexual assault, etc. The entire area is a very low crime rate and typically we have officers that are available for routine patrol and the average officer has about 69% of their shift on proactive work and time not spent on calls for service. Any business that is open 24 hours a day, they will pay particular attention to. Cm. Zika asked if on the schematic on page 1 of 31, if this is where they now propose it to go with traffic flow. Ms. Cirelli responded yes. Cm. Zika stated they have not done anything to mitigate his concerns, so he will be voting against it. A speaker who did not identify herself said she couldn’t help thinking about the Outback situation where the policeman was killed. Mayor Houston reopened the public hearing and requested that comments be relative to the discussion of this item only. Another unidentified speaker stated they live in a safe environment now and they are asking for these things because they don’t have a drive- through now. Mayor Houston again closed the public hearing. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 432 Vice Mayor Lockhart stated she felt the new hours are a compromise. She still doesn’t feel security is a bad idea and maybe we could make a recommendation that they consider this. The location overall is probably safer, if we could mitigate the fact that people don’t drive behind their place after 11 p.m. at night. She questioned if it could be blocked off after it closes. The question is, is the drive through more viable. Cm. Howard stated she likes the change and was happy to hear it closes at 11 p.m. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by majority vote, the Council adopted RESOLUTION NO. 138 – 99 ADOPTING PA 98-038 RITE AID/KINDERCARE CONDITIONAL USE PERMIT TO ESTABLISH A 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 RESOLUTION NO. 139 – 99 ADOPTING PA 98-038 RITE AID/KINDERCARE ±± SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A 16,700 SQ. FT. RETAIL DRUG STORE AND A 9,824 SQ. FT. DAY CARE CENTER, AND TO VOLUNTARILY CONTIRBUTE TRAFFIC IMPROVEMENT FUNDS IN THE AMOUNT OF $129,880 LOCATED AT 7348 – 7372 SAN RAMON ROAD Cm. Zika voted in opposition to the motion. BAY LAUREL STREET TRAFFIC ISSUES CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 433 Mayor Houston announced that the next item to be heard would be Item 7.2 10:32 p.m.7.2(590-30) Public Works Director Lee Thompson presented the Staff Report and advised that Staff had reviewed all the issues involved and had tried to come up with potential solutions to neighborhood shortcutting and speeding on Bay Laurel Street. Mr. Thompson stated previous action taken included installation of stop signs on Bay Laurel at Bay Laurel Court and Buckeye Court, and a centerline on Bay Laurel Street, as well as crosswalks on Bay Laurel at Silvergate Drive and at Silvergate and Hansen Drive. It was pointed out that since the subdivision was slurry sealed as a condition of acceptance, some of this striping has not been reinstalled; the developer will complete the striping once the City has determined whether additional striping improvements are needed. Mr. Thompson advised that City Staff, representatives from Valley Christian Center, a representative from Warmington Homes, and Staffmembers from TJKM and Omni-Means (traffic consultants), have met and suggested alternate solutions to the problems. Vehicle Volume – Use of Bay Laurel Street as a Shortcut to Valley Christian Schools: A solution to this problem is to lengthen the path for the VCC bound motorists using Bay Laurel Street. By prohibiting right turns in and left turns out of the two northerly VCC driveways during school hours (7 a.m. to 5 p.m. school days), drivers would be directed to use the southerly driveway, which is much closer to Dublin Boulevard. This solution would require enforcement by Dublin Police Services and educational programs by VCC. VCC is agreeable to these measures. Speeding Problem Solutions: Staff proposed adding 4” white painted edgeline stripes on Bay Laurel Street, along with repainting the centerline. These stripes would be 8’ from either curb and would still allow 12’ travel CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 434 lanes in each direction. The edgelines tend to give motorists the feeling of a narrower street and, in turn, tend to reduce speeds. In addition, Staff recommended that 25 mph pavement markings be installed at either end of Bay Laurel Street, as pavement markings are better seen by motorists than signs. Alternates that Staff reviewed and rejected included: 1) speed bumps or humps; 2) installation of rumble strips; and 3) flashing beacon installation. Mr. Thompson stated, in conclusion, that Staff requested that the City Council support the use of turning restrictions on VCC driveways as proposed and that edge stripes be installed on Bay Laurel Street to give motorists the feeling of a narrower street which, in turn, will slow traffic, and to paint 25 mph legends on the street. Cm. Zika asked if we can put a no left turn sign at Bay Laurel and Inspiration Circle between 6 and 9 a.m. in the morning. Mr. Thompson stated he thought we probably could. With the restrictions discussed, we would put a sign at the bottom. If neither of these things work, we could make it one way. Vice Mayor Lockhart asked how and if this will affect the work on Dublin Boulevard. Mr. Thompson stated the people that cut through are generally on Silvergate. The closing will just be during the summer. Cm. Howard asked if we will have police up there for a while. Mr. Thompson stated initially there will be heavy enforcement and then on a regular basis. Cm. Zika asked what period of time we would give to determine whether this is or isn’t working after school starts. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 435 Mr. Thompson stated 30 to 60 days should work; or until we hear from the neighbors. Jeff Robinson, 11215 Las Palmas Court, stated they have been residents for almost 12 years. He served on the committee for developing the Masterplan for VCC and they submitted a plan for expansion about a year ago. They met with neighbors in mid 1998 to understand the issues they may face as their church begins to grow. They have met with the homeowners association on 4 occasions, and also met with City Staff on 3 occasions and worked hard to come up with solutions presented tonight. If the City endorses this plan, the church will do a mail out packet to all parents of the school children and prior to the new school year, they will send out an additional letter reminding parents of the changes. They are trying to do everything they can to be good neighbors to all the surrounding areas. Christine Corso, 11220 Bay Laurel Street, stated she appreciates everybody getting along. Their morning problems are just as bad as evenings. They can’t get out of their driveways. She stated she felt having a no left turn at the connecting street that Cm. Zika suggested was a good one. Sue Rainey, 11157 Bay Laurel, as a new member of the Homeowners Association Board of Directors, stated traffic going up is just as big a problem because of the sheer volume. It’s pretty bad when you can’t get out of your own driveway. A no left turn at the top would greatly improve the conditions they live with now. She appreciates what the school is doing finally after 2 years. The 2 driveways with no turn signs is very good. She stated she has a problem in that there is not one at the third driveway. VCC is not the sole source of their problems. They have great traffic up there on the weekends. There are a lot of motorcycle riders and numerous other traffic. The City Council or whoever designated this plan made a Disneyland E-ride out of their street. Their safety should not be affected because of thrill riders. This situation won’t get any better unless it is strictly monitored. They should cut the street off eventually. We CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 436 must come to some resolution and it must be ended at some time. She requested that the City consider blocking the third driveway. Maureen Haddad, 11556 Bay Laurel, thanked VCC for their input. She saw the flyer on what to do to help solve the situation. She asked that they put in the packet that they will be ticketed and fined. She asked if, in 30 or 60 days, they can come back. Mayor Houston stated we will have to see what happens. Dave Burton, 11396 Dillon Way, commented we do have a comfortable city hall, speaking from the audience side. He stated he supports VCC and reminded everyone that we knew Hansen was going to be a problem and when it connected, it changed the whole dynamics of the area. The church and school has been very successful and they have gone out of their way to reach the people and discuss the issues. It sounds like things have been worked out and they are proud as a church and school to be a good neighbor. People that moved into these houses probably weren’t informed properly that there is a big school up there. They hope there are no further difficulties. Mr. Robinson clarified that the third access, that Ms. Rainey requested also be closed, does not go to the high school, but rather to the preschool. Mayor Houston stated he felt everyone had come up with a good program. Cm. Zika stated he would like to add no left turn sign at the top from 6 to 9 a.m. Mayor Houston stated he would just like to see Staff recommendations. Vice Mayor Lockhart stated she felt they should go with Staff recommendations and if after 60 days this is a problem, then they could look at this as a next step. It is very heartening after all this time, everyone is recognizing and working toward finding a solution. She stated she appreciates this. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 437 On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council approved turning restrictions at two VCC driveways, and the installation of edgeline stripes and 25 mph signs and pavement markings on Bay Laurel Street. PUBLIC HEARING -RESOLUTION OF INTENTION TO ESTABLISH RIGHTS-OF-WAY FOR PORTIONS OF TASSAJARA ROAD, GLEASON DRIVE, CENTRAL PARKWAY AND DUBLIN BOULEVARD 10:57 p.m.6.2(670-40) Mayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that this item will set public hearings for protest for the setting of roadway right-of-way lines for portions of Tassajara Road, Dublin Boulevard, Central Parkway and Gleason Drive. The cost to acquire the rights-of-way and build the roadways will be borne by MSSH Dublin Development (Shea Homes) and the Dublin Ranch Assessment District, currently in the process of formation. Mr. Thompson stated MSSH Dublin Development and the Assessment District Developer (the Lins) will each receive a credit against payment of future Eastern Dublin Traffic Impact Fees (TIF) in amounts equal to funds advanced for the acquisition of rights-of-way and improvements. Use of these credits has been defined in the respective Development Agreements for the Dublin Ranch projects and will be used according to the established TIF policy at the time of development. In June, the Planning Commission reviewed the report and recommendation of the City Engineer regarding this proposal and based on information presented in the report, agreed that the proposed right-of- way lines are appropriate and have recommended that the City Council adopt a Resolution of Intention to establish right-of-way lines. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 438 Mr. Thompson stated Staff recommended that the City Council, pursuant to Section 7.68 of the DMC, set public hearings on August 3 and August 17, 1999, to hear any protests or objections to the establishment of the proposed rights-of-way. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted RESOLUTION NO. 140 – 99 ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH RIGHT-OF-WAY LINES FOR A PORTION OF TASSAJARA ROAD (FROM NORTH OF INTERSTATE 580 TO THE NORTHERLY CITY LIMIT LINE THAT IS LOCATED AT THE NORTHERLY BOUNDARY OF DUBLIN RANCH TRACT 6962 – NEIGHBORHOOD M1), AND FOR PORTIONS OF DUBLIN BOULEVARD, GLEASON DRIVE AND CENTRAL PARKWAY (FROM TASSAJARA ROAD TO THE WESTERLY BOUNDARY OF DUBLIN RANCH AREAS F, G & H) PA 99-015 PUBLIC HEARING HERITAGE & CULTURAL ARTS COMMISSION 11:00 p.m.6.4(910-70) Mayor Houston opened the public hearing. Parks & Community Services Director Diane Lowart advised that this is the second reading of an Ordinance which would establish compensation for members of the newly formed Heritage & Cultural Arts Commission. The Ordinance provides for compensation in the amount of $30 for each meeting attended to a maximum of two meetings in a calendar month. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 439 No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 19 – 99 RELATING TO COMPENSATION FOR HERITAGE & CULTURAL ARTS COMMISSION MEMBERS ITEM ADDED TO AGENDA PUBLIC HEARING - FORMATION OF STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH) AND LEVY OF ASSESSMENTS 11:01 p.m.6.5(360-20) Mayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that on June 1, the City Council adopted a Resolution of st Intention to form Street Light Maintenance Assessment District 99-1 (Dublin Ranch). This is the first of two public hearings regarding this proposed assessment district. The second public hearing will be held on August 3, at which time the City Council may adopt the resolution rd approving the Engineer’s Report and levying the assessment. The proposed assessment for FY 1999-2000 is $19,590, or $23.12 per single family lot. The proposed assessment for the ultimate improvements CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 440 for Phase I of Dublin Ranch is $28,450, or $33.59 per single family lot (subject to inflationary and utility rate increases). Mr. Thompson advised that the City Council previously reviewed the decorative light that was proposed for the Dublin Ranch development, including estimated costs for energy and maintenance. The energy and maintenance costs for these lights are anticipated to be proportionally higher than the energy and maintenance costs for the standard cobra head street lights in the rest of the City. The assessment per single family lot for the Citywide Street Lighting Maintenance District has been $13.26 for the past several years and is anticipated to remain the same for 1999- 2000. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council continued this item to the August 3, 1999 City Council meeting for the second public hearing. IMPROVEMENT STUDY OF HANDICAPPED ACCESS TO BART 11:03 p.m.7.1(930-30) Public Works Director Lee Thompson presented the Staff Report and advised that on June 15, the Council directed Staff to study alternative th improvements needed to provide handicapped access to BART from Dougherty Road in response to a request from citizen Shawn Costello. Mr. Thompson discussed the options Staff analyzed, including: 1) use of the northerly edge of pavement of the existing Dublin Boulevard between Scarlett Drive and DeMarcus Parkway; 2) Dial-A-Ride service for people CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 441 with disabilities; and 3) completion of sidewalk/pedestrian ramps along the north side of Scarlett Court from Dublin Boulevard near Dougherty Road to BART. Mr. Thompson stated Staff believes that Option #3 will best serve the citizens of the City of Dublin and those who commute to and from the area on BART and, therefore, recommended that the Council approve the addition of a Capital Project to this years program to complete a pathway along the north side of Scarlett Drive, and approve a budget appropriation in the amount of $20,000 from Unappropriated Gas Tax Reserves. Vice Mayor Lockhart asked if, when Dublin Blvd is redone, will this take into consideration walkers, those in wheel chairs, bicycles, etc.? Mr. Thompson stated yes it will. Vice Mayor Lockhart stated she felt we have an obligation to provide this. Mayor Houston asked about the timing for completion of Dublin Boulevard. Mr. Thompson stated our portion will be completed next year, but we still have to acquire right of way. Mayor Houston stated his only concern is we have identified Scarlett Court as a redevelopment area and potentially this money could be spent elsewhere when this will buy us a year. This is a lot of money if the regular usage route will be Dublin Boulevard in a year. He felt people will gravitate to the Iron Horse Trail. For a stop gap measure, this is a lot of money. Vice Mayor Lockhart asked what our responsibility is to provide this under ADA. Mayor Houston stated he felt in all due time we have to provide this, but just like the curb cuts, we are doing those in phases. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 442 Ms. Silver stated she is not that familiar with ADA regulations, but the fact is, we are taking action to improve Dublin Boulevard. Vice Mayor Lockhart stated she felt 18 months is a long time to wait for those in wheel chairs trying to get around. Mr. Thompson stated Shawn is somewhat unique in that he has said he crosses Dublin Boulevard sometimes at 9 p.m. at night. Mayor Houston stated he felt we have a project underway to alleviate this situation. Vice Mayor Lockhart asked if we could postpone this until we could look more closely into ADA requirements. Also, she questioned if there is any way to just open it up at the back of the BART station for him. Cm. Zika asked if we could temporarily put some kind of lighting device on his wheelchair to let people know he is there. Mayor Houston felt everybody has to take some responsibility and putting themselves in danger is not a good idea. A good idea would be to have an update of our status with accessibility with ADA requirements. Vice Mayor Lockhart stated she felt maybe we could work with Shawn on other ways to get him to BART. Ms. Lowart stated she thought a report related to the City’s overall compliance with ADA would take a while but this issue could be brought back at the next meeting. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council continued this item to the next meeting. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 443 HERITAGE TREE REPORT 11:15 p.m.8.2(530-80) Assistant Planner Anne Kinney presented the Staff Report which reviewed Tree Preservation Ordinances of surrounding cities. The Dublin downtown area consists of a number of significant mature native trees including oaks, walnuts, cypress and redwoods. Trees located on non-residentially zoned property are offered limited protection under the Zoning Ordinance. Approval to remove these trees may be granted if it is determined that the tree is in poor health and not likely to survive, if the trees constitute a high fire hazard or a threat to persons, structures or property; or if they impede public works projects. At this time, there is no City policy which addresses the ongoing maintenance of heritage trees or the protection of trees during construction. Ms. Kinney stated Staff requested that the City Council provide direction to Staff on the preparation of a future City Tree Preservation Ordinance. Cm. McCormick stated she would like to fill in the blanks in Dublin, utilizing the format contained in the agenda report. She stated she would not support having a citizen group involved. They’ve listed the protected species. Mayor Houston questioned if usually the circumference or height are more important? Ms. Kinney stated we wouldn’t want someone to get around the ordinance. The height doesn’t seem to be as important as the diameter. It’s better to look at diameter. Cm. McCormick stated she liked the idea that a tree is to be planted as part of when a removal of a tree occurs. Yes on next one, try to save memorial tree. Tree of historical designation yes. Size of tree is determining factor. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 444 Ms. Kinney stated there was no formal survey done. Mayor Houston clarified that if they are not native to our area, they’re not protected. An exceptional specimen . . . put yes. Is a permit required to protect a tree – we should say yes. Who approves tree removal permit? Right now the Community Development Director and under a Site Development Review. Ms. Lowart stated our park maintenance function is under Public Works. We could say Community Development Director or designee or in consultation with the Public Works Director. Public hearing required – no. May be appealed to City Council. Mayor Houston questioned if it should be appealed to the Planning Commission and then to City Council. A consensus was no, just the City Council. Does the Ordinance cover any of the following: pruning and maintenance – first one no. Protection during construction/development – yes. Preservation and maintenance of existing trees – this links with pruning and maintenance. Overhead Wires - yes. Ms. Kinney explained that the next step will be for this to come back in the form of a draft ordinance. OTHER BUSINESS Concert (950-40) 11:29 p.m. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 445 Ms. Lowart reminded everyone of the concert Friday night 7 p.m. at the Civic Center. It will be a contemporary blues band. Councilmember Trip (610-80) Cm. McCormick reported that she just returned from a trip to Lapland and to the Arctic Circle and that she saw Santa. She brought back and distributed some gifts for her fellow Councilmembers, keychains. They were having a 100 year heatwave in Finland. The sun never ever went down. Fire Exercise (540-70) Vice Mayor Lockhart stated she and Cm. Zika and Mr. Ambrose attended the fire exercise. She rode on a bulldozer. Waste Management Issues (810-10) Vice Mayor Lockhart mentioned with Waste Management, they are considering a half million dollar study because we are supposed to be at a 50% reduction of wastestream by 2000 and they will talk about a waste characterization study for all cities in Alameda County. It’s all from the Measure D money. Vice Mayor Lockhart stated Alameda County is looking at the fact this year that we don’t have 15 years of land fill space in the County. We have 14 ½ years and this has sent everybody into a dither. One option is to use CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, 1999 PAGE 446 Fire Exercise (540~70) Vice Mayor Lockhart stated she and Cm. Zika and Mr. Ambrose attended the fire exercise. She rode on a bulldozer. Waste Management Issues (81 ON 1 O) Vice Mayor Lockhart mentioned with Waste Management, they are considering a half million dollar study because we are supposed to be at a 50% reduction of wastestream by 2000 and they will talk about a waste characterization study for all cities in Alameda County. It's all from the Measure D money. Vice Mayor Lockhart stated Alameda County is looking at the fact this year that we don't have 15 years of land fill space in the County. We have 14 Yz years and this has sent everybody into a dither. One option is to use the Altamont Land we have purchased and the other is to expand the Altamont Landfill which is currently in a crisis because of the contaminated San Francisco dirt. We are really in a kind of quandary over our 15 year landfill requirement. She will be attending a meeting tomorrow night. Don't be surprised if people really start pushing recycling. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:36 p.m. ATTEST: ~Ci~ Cler~ Mayor CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING July 20, '~999 PAGE 437