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HomeMy WebLinkAbout09-02-2003 Adopted CC MinutesCLOSED SESSION A closed seSsion was held at 6:30 p.m., regarding: 1. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager A regular meeting of the Dublin City Council was held on TueSday, September 2, 2003, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Lockhart. ROLL CALL PRESENT: ABSENT: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart. None. PLEDGE OF ALLEGIANCE Vm. McCormick led the Council, Staff and those present in the pledge of allegiance to the flag. REPORT ON CLOSED SESSION ACTION Mayor Lockhart advised that there was no action taken. RECOGNITION OF YOUTH VOLUNTEERS 7:05 p.m. 3.I (610~50) Parks & community Services Manager PaUl McCreary presented the Staff Report. The City coordinates 3 teen volunteer programs, including the Youth Advisory Committee, Junior Leader Program, and the Junior Aquatic Water Safety Program. This CITY 'COUNCIL MINUTES. VOLUME 22 REGULAR MEETING September 2~ 2003 PAGE 556 year, over 60 teens participated in the City's volunteer programs. The teens provided over 3,900 volunteer hours, which is the most assistance the City has ever received. The youth volunteers were formally recognized with Certificates of Appreciation. Those present included: Carlo Alcantara, Logan Alcantara, Tomoka Bossant, Alyssa Corrigan, Megan Frantz, Brittany Hoffman, Liz Johnson, Ashley Krause, Alex Meadows, llmmi Minase, Lauren Pahl, Daniel Prentiss, Joel Prentiss, Devyn Schofield, Briana Williams, Timothy Buhlig, Gaby Lorenzo, Amir Pande, Amanda Price, Kimberly Chart, Max Baca and Sarah Pan. 7:14 p.m. Kev-in Hart stated he was present to support his daughter Ashley who received an award and also on behalf of the Dublin School Board to give appreciation on behalf of Eric Swalwell, President of the Board for the support of the Dublin City Council for giving to the low income housing project which benefits teachers and secondly to continue to thank the City Council for years of appreciation for funds for computers for the schools. Lastly, he reported that they opened school today and have 50 more students than projected. Everything went fine. He stated he also appreciates Dublin Police Services for their presence at the school sites today ensuring the safety of the children in the district. 7:17 p.m. Richard Stein, Marwick Drive, stated he has been a resident for about $0 years and has seen lots of businesses come to town. He read an article of a business coming, Hooters. He called and talked to Jeri Ram and learned that the proposed site is Coco's. He has never been in a Hooters but his brother in law has and says it is great. Look at this location and traffic issues surrounding this type of business. If it is successful, it will draw traffic from a good sized area. Also, the idea of parking, this seems like a pretty small parking lot. The newspaper talked about having car shows and these types of events in the parking lot of Hooters. When this goes before the Planning Commission, look at these types of issues. This doesn't seem to be a business that fits at this particular location. 7:20 p.m. Sue Hores, Champagne Place, Chairman of Adopt a Military Unit stated she brought greeting from the 12 soldiers that came a few weeks ago. On behalf of Americans Supporting America and support of efforts in making soldiers welcome, she presented a CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 557 medallion to Mayor Lockhart. It was a wonderful weekend and the guys really felt welcome. 7:22 p.m. Pamela Glynn, Rolling Hills Drive, stated she hoped any business coming into this community would be welcomed by the community. Hooter's own tag line says they are tacky and unrefined. The name crudely denotes women's breasts. There are more businesses that would be mom appropriate here, including fine dining establishments. Hopefully this will be presented to Mr. Trani when the opportunity presents itself. Petitions of opposition were submitted to the City Clerk. 7:2S p.m. Kathi Athey, Castilian Road, and her family stated they were here in opposition to Hooters. Hooters exploits women, especially women in the 18 to 24 age group and who aren't experienced enough to deal with the ramifications. This exploitation is in direct opposition to the progress made over the last 20 years against sexual harassment on the job. This could decay the moral fabric of our community. They've been here 18 years, raising 6 children and support school activities at both Nielsen and Wells. Four of their 6 children now vote. They want other people to come to Dublin and feel safe and if them is any way the City Council can oppose Hooters, they requested them to please do SO. 7:26 p.m. John T. Collins, Sr., Allegheny Drive, stated he wanted to talk on 2 topics and asked if he would be allowed {3 minutes. Mayor Lockhart advised that he would be allowed $ minutes to speak related to non~ agendized items. were ignored. made. Mr. Collins stated if you are against a subject, 5 minutes should be allowed. His other subject is the Oversized Vehicle Ordinance, which has passed. Cm. Oravetz, after comments were closed from the floor, said he was not here to debate this. Regarding safety issues with the parking of RVs on city streets, the committee was charged with looking into this and did not do their job. He took this upon himself and his comments He requested that the City Council please correct this mistake they have CITY coUNcIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 558 7:29 p.m. Mary Coleman, Iglesia Drive, stated she was pleased to see other speakers related to Hooters speaking against, particularly the family with young boys. She and others in the community feel this is a very poor choice of locations. It cannot be avoided when they drive their children to sporting events, ff Mr. Trani were to consider more of a business section, or having a different type of business at this location where they could bring their children and they could take their children and sponsor activities, this would be better. She suggested other uses as well as other locations and mentioned Masse's Bar and Grill in Pleasanton, or an Olive Garden. This location cannot be avoided in our travels with our children. 7:32 p.m. Cherie Mayse, Inspiration Circle, stated she opposes Hooters. Please vote against them moving to the corner of San Ramon Road and Dublin Boulevard. The name is what she objects to and the stigma. They have received national attention because of it. It is doubtful that this restaurant will increase property values. When giving directions, she would not like to say turn left at Hooters. The image of Dublin will not be enhanced. Mayor Lockhart read a statement submitted by Deborah, "We are trying veryhard to keep our communi& family o~qented. By having this restaurant in our neighborhood it would have a negative impact in our communiOr. Although this restaurant calls itself "family~' oriented, the OT~e of people attracted to this restaurant are not what we want in our community." Mayor Lockhart read a statement submitted without a name, 'Sram greatly concerned that this restaurant will have a negative impact on this very family friendly communi& by causing increased traffiG drugs and drunk dm'ring. This young-adult themed~ sexually provocative (racy) establishment will erode the progress Dublin has made to establish itself as an upscale residential and business environment. '~ Mayor Lockhart read a statement submitted by Nitza Daniel, Ferncroft Court, "We moved into Dublin for sense of family ~c communi&. Allowing Hooters in Dublin brings donrn the value of the place. It demonstrates lack of respect to women and family. A place like that may fit a collage (sic) town but not a ciO' full of impressionable young children., CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 559 7:$6 p.m. Kimberly Vaupen, Betlen Drive, stated she is a new mother and they don't feel this is appropriate for their neighborhood for ~raffic reasons as well as the value of their homes. The coming of Hooters is contrary to what they want t° represent in Dublin.' She stated several people in their neighborhood did not receive the flyers that were sent around. Jeri Ram, Planning Manager stated the City received a building permit application and Staff will be preparing a response to the applicant that they need to go through a Site Development Review (SDR) process, which requires a public hearing before the Planning Commission. They plan to do some changes to the exterior of the building. We give them our comments and they make a determination of whether they want to go forward. We then notice a public review period of 10 days. Mayor Lockhart stated nOtices will be posted on the City's website and everywhere we regularly post notices. Cm. Sbranti asked if some of the issues related to parking and traffic will be included with the SDR. Ms. Ram stated parking will be reviewed as part of the SDR. They will evaluate the design of the building, but not the use, as a restaurant is permitted at that location under our current regulations. Cm. Zika stated if they indicate they are having car shows, this may kick in a look at parking. Ms. Ram stated any requested outdoor use, they would have to look at and this would require a permit. Vm. McCormick asked under what circumstances this issue would come before the City Council. Ms. Ram stated if it goes forward, it could be appealed to the City Council, as far as design elements. Mayor Lockhart stated she appreciated everyone coming to speak on this and advised the public that they have more power than they know. CITY COI~5~ICIL MINUTES VOLLrME 22 REGULAR MEETING September 2, 2003 PAGE 560 CONSENT CALENDAR 7:43 p.m. Items 4.1 through 4.7 Cm. Sbranti pulled Item 4.5. On motion of Cm. Zika, seconded by Cm. Oravetz, and by unanimous vote~ the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of August 19, 2003; Adopted (4.2 600-60) RESOLUTION NO. 182- 03 ACCEPTANCE OF TRAFFIC SIGNALS AT THE INTERSECTI0NS OF FALLON ROAD/BENT TREE DRIVE_AND FALLON ROAD/ANTONE WAY, FOR TRACT 7135 (DUBLIN RANCH, AREA A) Adopted (4.3 600-60) RESOLUTION NO. 183- 03 APPROVING AN AMENDMENT TO, THE TRAC? DEVELOPERAGREEMENT FOR TRACT 7326 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-1 BY TOLL-DUBLIN, EEC) Adopted (4.4 (600~60) RESOLUTION NO. 184..: 03 APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT :. FOR TRACT 7325 (DUBLIN RANCH AREA G, NEIGHBORHOOD MH-2 BY TOLL-DuBLIN' EEC) Approved (4.6 600-35) Budget Change for additional appropriation in the amount of $303,328 from New Revenues and adopted CITY COIo2~ICIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 561 RESOLUTION NO. 185 - 03 AWARDING CONTRACT 03-11 1-580/SAN RAMON ROAD INTERCHANGE IMPROVEMENTS TO DESILVA GATES CONSTRUCTION LP ($1,355,555) Approved (4.7 $00~40) the Warrant Register in the amount of $819,259.14. Cm. Sbrand pulled Item 4. 5 related to the Traffic Signal Upgrade for Village Parkway/Amador Valley Boulevard and asked about the timeframe because there is so much construction taldns place on Dublin Boulevard and on Village Parlc~vay. City Engineer Melissa Morton stated R would take about $ to ~ weeks to put the contract together and get all the bonding in place. The Dublin Boulevard widening is scheduled for completion by the end of October. This project is fairly small and they are safety improvements. This project should not have a major impact, but there maybe some overlap. The Villase Parl~vayproject is nearing compleX'on. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted (4.5 600~35) RESOLUTION NO. 186- 03 AWARDING CONTRACT 02-10 T~FFIC SIGNAL UPG~DE (VILLAGE PARKWAY/AMADOR VALLEY BOULEVARD) TO BROWN & FESLER, INC. ($123,952) PUBHC HEARING - KEN HARVEY/DUBLIN HONDA PLANNED DEVELOPMENT (PD)REzoNING STAGE 2 DEVELOPMENT pLAN 7:48 p.m. 6.1 (450~20) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 29 2003 PAGE 562 This is the second reading of an Ordinance for a Planned Development Rezoning and Development Plan (Stage 2) to remodel and expand the showroom area of an automobile dealership located at 7009 Amador Plaza Road, and to renovate the exterior of the building to meet the requirements of the Honda Corporation for their franchises. Approximately 19~000 sq. ft. would be constructed for a larger service area with an open parking area on the second level for vehicle storage and overflow parking, resulting in a total square footage of approximately $3,1 O0 for the dealership. No testimony was entered by any member of the public relative to this issue. Mayor Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. oravetz, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 11 - 03 AMENDING THE ZONING MAP TO REZONE, PROPERTY AND APPROVE A RELATED STAGE 2 DEVELOPMENT PLAN FOR APPROXIMATELY 1.96 ACRES FOR PA02~031 KEN HARVEY/DUBLIN HONDA LOCATED AT 7099 AMADOR.PL~ ROAD PUBLIC HEARING ~ APPEAL OF PLANNING COMMISSION APPROVAL OF PA 02,058 TRI~VALLEY MARTIAL ARTS STUDIO & YOUTH CENTER- CONDmONAL USE PERMIT 7:50 p.m. 6.2 (410-30) Mayor Lockhart opened the public hearing. Planning Manager Jeri Ram presented the Staff Report. Mayor Lockhart appealed the July 22, 2005 decision of the Planning Commission approving a martial arts studio and leadership program named Tri~Valley Martial Arts Center within a leased space of approximately %200 sq. ft. at 7255 Regional Street. The martial arts studio proposed to conduct child, youth and adult martial arts classes for ages 4 and over, and day, summer and after-school programs. This is considered a drop in recreation center for school age children~ similar to a YMCA. Action needs to be taken on the appeal by October 1 lth. CITy COUNCIL MINUTES VOLUME 22 REGULAR MEETING SePtember 2, 2003 PAGE 563 Cm. Zika commented classes vary in size from 1 to 40 students~ but it doesn't say how many can be in a class at any one time. Building Official Gregory Shreeve stated a number has not yet been determined. When the application is completed, Staff will verify the square footage, etc. and this is part of the business license process. Mayor Lockhart asked if there will also be a requirement regarding the number of bathrooms, and handicap regulations? Mr. Shreeve responded yes and they will have to meet handicap exiting requirements, and there may or may not be additional work required on the unit regarding ADA. City Inspectors have not yet been inside. James Baker stated he enrolled his daughter the end of last year. What he has is a new paradigm. This was 16 months ago and he has seen a total change in his daughter. Today, we don't have enough things for our kids to do. He sees more manners, more assertiveness and less violence. They advocate getting your plan across without violence. Everyone is really impressed with what John has done, centered around the martial arts philosophy. Angela DeBortoni, San Ramon, stated her son is 13 years old and an ADHD kid. This program has really helped him. She is a single parent by choice. John is a positive influence on his life. This program helps him with his aggression and outside influences. It has put him on the right path. This has been the best thing to come into her life and she seeks approval for this, John }'fund stated he started martial arts when he was 10 years old and is now 36. His program really puts out quality individuals into the community. His program is so much needed in the community. There is a real shortage of child care in the community. He considers himself an alternative to child care or babysitting. They have structured activities. This is a nationwide program with over 100 schools doing martial arts. He sees a need for this in the City of Dublin. This community is very special for him. He has been here since 1995 and had a CUP and moved across the street to a bigger location. Being naive, he thought his CUP followed him. The landlord has provided a second bathroom and he stated they will meet all the requirements. Cm. Zika stated when it was a stationery store, it was one big open room. cITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 564 Mr. Pfund advised that a back room was built because of a bomb which was placed at the back door. Cm. Zika stated one of his grand children has ADD. He asked if they plan to build some walls between the classes and where homework will be done. He commented it seemed to him that the programming is very vague. Mr. Pfund replied yes. There are EDCC programs at all the elementary schools, however, they are full and there are waiting lists. Already in the building, there are walls that were built previously. For quiet time and for homework, he has installed computers in the back. He doesn't have ma~ial arts classes the entire day, but various activities such as sumo wrestling, crossword puzzles, etc. When they do martial arts, from 4:30 p.m. - 5:30 p.m. they ask everyone to come onto the mats. Vm. McCormick asked if they charge for the after school. Mr. Pfund stated $05 per week entitles them to have child picked up from school, and they can stay all the way until 6:$0 p.m. Vm. McCormick asked if theY have an outdoor play area? Mr. Pfund stated no, but they do provide field trips such as swimming, laser tag, bowling, and go to the park a lot so the children get plenty of exercise away from the facility. Cm. McCormick asked for clarification - they take children 4 years old and up. Mr. Pfund stated yes, they have to be in kindergarten. For the 4:30 p.m. - 5:30 p.m. classes he allows 3 ½ and 4 year olds in that class. Vm. McCormick asked what happens between 7:15 a.m. and school time? Mr. ['fund replied during the school year, and on school holidays, they have activities throughout the day. The cost is $140/week. Vm. McCormick stated ff ldds want to leave and walk out the door, they can't legally keep them there. Mr. Pfund stated he makes sure parents are advised of this. This is the same as soccer or baseball, or even EDCC, if a child wants t0. leave, they can: From his experience, kids CITY COIJ2~ICIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 565 don't want to leave at 6:30 p.m. They want to stay and play. Normally his classes are Monday - Thursday. During summer, he has 3 classes a day. Cm. Sbranti asked how many students are shuttled and how many walk there on their OWII. Mr. Pfund stated after school, he has about a dozen kids that come to the facility by bike or walking then he has another dozen that parents bring in. The majority is students they pick up and bring to their facility. He caters to Pleasanton and San Ramon in addition to Valley Christian Center and St. Raymond's. Cm. Oravetz stated it sounds like they have a really good thing going. He asked why they don't get a daycare license? Mr. Pfimd stated this is not what he does. He teaches martial arts programs and just happens to provide after school care. It sounds like day care, but it isn't day care. The kids that come there are learning valuable skills that they can use. Cm. Zika asked if the kids have to participate in the martial arts program? Mr. Pfund replied no, not necesmrily. He teaches a really wonderful class. It is fun and cool. Mayor Lockhart stated what raised a red flag for her and she felt he is dancing around the semantics of day care and child care. The hours of operation were questioned. Children as young as 4 1/z can be there 11 hours a day. She asked about naps and also how they feed a child? Mr. Pfund stated he doesn't, they bring in their own lunch. They have structure. The kids that come them don't take naps. He invited her to come in and observe the program. Mayor Lockhart stated she does not doubt the quality of the programs. Her concern is about the amount of time a child is there and the quality of care they receive. The City Council has to look at the outer edge issues too. Outdoor safety addresses basketball hoops in the back near the trash bins and on a road where big trucks go in and out. Mr. Pfimd stated he is not asking for a CUP to run a daycare. Social services came in and investigated him fully and when they concluded, he is definitely not a daycare but the same as the YMCA boys and gkls clubs..They, ar.e exempt in the same way. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 566 Mayor Locldmrt questioned the drop in program and asked how this works. Mr. Pfund stated when they say drop in, this is for the 4:30 p.m. to 5:$0 p.m. program and all the parents sign agreements ahead of time. He would have 5 to ¢ adults for 40 kids. He has 5 employees plus himself. He has a refrigerator and microwave if kids want to use these. Most of them just bring sandwiches. Some bring milk. Mayor Lockhart asked if his staff has education with children and any recreational training or just martial arts teachers. Mr. Pfund advised yes they are martial arts trained and they are taught to train children. They are all college educated and CPR trained. Jay Patel stated he has 2 children that were 5 and 7 when they joined the program. His daughter, when she was 5, learned to count to 50 in Japanese. They also have uniforms. Both kids are so happy being part of this program. His son was in a YMCA program and he observed that they are just babysitting. There are competitions in martial arts in the area. They are picked -ap at 5:30 p.m. every day. Mayor Lockhart closed the public hearing. Mayor Lockhart stated she is impressed with the program. Her main concern is the parameters of the CUP looking at the extreme ends of it. Concerned about the length of time a young child could be there. The after school program makes a lot of sense. She was uncomfortable giving permission for a business in a shopping center to house who knows how many kids with no outside facilities. She was concerned that someone could walk out and not be seen again. Maybe the City Council needs to tighten the structure somewhat and look at age appropriateness of allowing a 4 V2 year old being there so long. Cm. Zika stated he would be more concerned about a parent leaving a young child there for that amount of time. They could require them to be ¢ or 7 years old, but who will regulate this? He was also concerned about putting something like this in a shopping center. They put the Montessori School in a shopping center and their outdoor space is no bigger than his bedroom. He stated he would consider upping the age and then give them a I-year CUP. Cm. Sbranti stated he sees age as being more a concern for summer, but not so much for after school. It sounds like there are some off, site outd0or activities.~ CITY coUNcIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 567 Vm. McCormick stated her concern is ~th C~!d~e~ who c0~e~ whe.do not have ~ participate in any ClasseS. It then becomes a ~Y~re2~sh~ W0UidWant t0 see'a COndition that if you're going to be there, you have to sign up for a class. Cm. Oravetz talked about when his son was young and stated it seems just like daycare to him. You have an unlicensed day care, so what is their responsibility?. The CUP is their responsibility. They have to state something in the CUP and look at a way to make it work for both sides. We are not in the business of regulating daycare, so we have to figure out something else. They Could Put on an age limit: Mayor Lockhart stated there are things needed to accommodate young kids 4 V2 and 5 years old. There has to be some limits on how you use the facility. Vm. MCCormick stated she would make them all students, Mayor Lockhart stated she would like Staff to look at how to best align this program in keeping w/th the spirit of licensed programs and the protections that come with a licensed program. Ms. Ram stated they looked at physical safety of children and can now lookat requiring them to participate in some structure and have some age restriction of participation in all day program. Mayor Lockhart suggested they be told they can't have a 4 ~/~ year old there from 7:15 a.m. to 6:30 p.m. Mayor Lockhart reopened the public hearing. Mr. Pfund suggested a compromise would be to say school age children. This would eliminate anybody that has to be in an all day center. 99% of his children are 5 and over. Most are 6, 7, 8 and 9. The inside area is 4,200 sq. ft. and the space is bigger and better than a playground. He will compromise with any conditions the City Council may have. Vm. Mccormick reiterated that she would like to see every child that comes in participate in the martial arts program. Cm. Sbranti asked how many and often do you go off site? Mr. Pfund stated every day at least one hour and twice a week for 3 hours. CiTy CO~CIL MiNUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 568 Cm. Zika stated when he was young, the YMCA had a desk out front and people were monitored. Mr. Pfund stated his desk overlooks the entire front area. He would be happy to put a desk by the front door. They already closely monitor people coming in and out for billing purposes. They have a barcode system. One person is always assigned to monitor the door. Mayor Locldaart clarified that it must be school age children and they must be enrolled in a class. Cm. Sbranti stated he felt there needs to be some outdoor element to the program at least an hour, preferably more, weather permitting, particularly during the summer. Mayor Lockhart again closed the public hearing. Ms. Ram clarified the requirements: 1) minimum age school age, 2) structure for students and must participate in a martial arts program; 3) one person assigned to monitor the door; and 4) at least 1 hour outside play, weather permitting. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the CounCil adopted with modifications RESOLUTION NO. 187- 03 AFFIRMING THE DECISION OF THE PLANNING COMMISSION WITH MODIFICATIONS TO INCLUDE ADDITIONAL CONDITIONS GRANTING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO AND YOUTH CENTER AT 7233 REGIONAL STREET APN 941-0305-021 RECESS 8:51 p.m. Mayor Lockhart called for a short recess. Themeeting reconvened at 8:58 p.m., with all Councilmembers present. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 569 BLACK MOUNTAIN SITE DEVELOPMENT REVIEW, LOT 8 PA 00-009 8:59 p.m. 6.3 (410-30) Mayor Lockhart opened the public hearing. Senior Planner Andy Byde presented the Staff Report. This item was continued from the August 5ta City Council meeting. At that meeting, the City Council directed Staff to conduct a third party survey to verify the information submitted by the Applicant. Staff engaged RBF Consulting to prepare a survey. In addition, a licensed Land surveyor checked the methods employed by the survey crew and prepared a plot of all the points staked as well as the location of the drip line of tree # 340. Following the August 5ta City Council meeting, Staff had a third party land surveyor survey the drip line of the trees in conflict with residence to determine the exact location of the drip line and the extent of the necessary trimming. This was necessary given the large margin of error in depicting the location of the tree on the previous site plan. In December of 2000, the Planning Commission approved the Brittany Lane/Black Mountain Development Site Development Review (SDR) approving the design and location for single-family homes on 7 lots (Lot Numbers 1 and 7~12). The Brittany Lane/Black Mountain project was appealed to the City Council on December 21, 2000. The appeal alleged conflicts with the following: 1) Heritage Tree Ordinance, 2) the Wildfire Management Plan, 3) the Zoning Ordinance, and 4) the Haffield Development approval. On January 16, 2001, the City Council heard the appeal of the SDR and directed the applicant to redesign the project to minimize impacts to the heritage trees on site. On February 20, 2001, the City Council approved the redesigned Brittany Lane/Black Mountain project, upheld the decision of the Planning Commission, and required some additional conditions of project approval. This request is to modify the conditions of approval for the Brittany Lane/Black Mountain SDR to trim a Heritage Tree to facilitate the construction of a residence on Lot 8, as approved in 2001. The Application is to amend the SDR approval by requesting to modify two conditions of approval of the previously approved SDR. Specifically, the requested amendment proposes to prune Tree No. 340, a Heritage Tree at 11183 Brittany Lane, to facilitate the placement of the residence as approved by the City Council in February of 2001. ciTY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 570 The site plan approved by the City Council in February 2001, depicted the drip line of Tree No, $40 as being 5 feet beyond the rear of the residence. During the review of the grading permit, it was discovered that the tree was actually between 4 and 14 feet further north (closer to Brittany Lane) than depicted on the approved site plan. In order for the appliCant to construct the residence as approved would require trimming of the tree a maximum of 12 feet. Based upon the information prepared by RBF Consulting, the maximum trimming would be 15 feet. Staff reviewed the application and found the trimming of the tree to be inconsistent with the intent of the SDR approved for the Brittany Lane/Black Mountain Development Project. The Council modified the Wildfire Management Plan and decreased the front yard setback from 20 feet to15 feet to preserve the large 26" - 27" trunk of Tree No. $40. If the City Council denies the Application, the Applicant would be required to submit an application for a new SDR, modifying the design of the residence to accommodate the required setback from the drip line of Tree No. 540. Other residences approved as part of the Brittany Lane/Black Mountain Development have maintained the Heritage Trees as identified in the Tree Protection Plan wSthout significant modification or pruning and therefore, pruning Tree No. 540 would result in a development not consistent with the surrounding properties. The City's Arborist reviewed the additional :5 feet of trimming and concluded that trimming the tree 15 feet versus 12 feet does not change the Arborist's determination that the proposed trimming would not affect the health or structure of the tree. Trimming the tree 15 feet versus 12 feet also does not change Staff's conclusion and recommendation that the Council deny the SDR amendment request. Cm. Oravetz asked about the set back requirement done by the third party. Mx. Byde stated it was 13'. Cm. Zika discussed and clarified the compromise which was based on the developer's survey of the tree and what would be the parameters of the drip line. Mr. Byde stated this was correct. Vm. McCormick asked how big the house will be. Mr. Byde stated it would be 2,800 sq. ft., not including the garage. Cm. Sbranti asked with the current proposal, how much higher could be? cITy coUNcIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 571 Mr. Byde stated on the height limit, this particular SDR is not as high as it could be. They could theoretically submit a taller house. Sheila Bradburn, San Ramon, stated she has been up to Brittany Lane a lot of times and looked at the plans for lot 8 and would like to make.a hom~ ~here~ .She h~s ~r~d the arborist's reports. She grew up in E1 Dorado in the foothills and stated she is the caretaker of that tree. Susan Bewley, Brittany Lane, displayed an overhead showing the lot 9 house, which is one house up. It is tremendously roof and has a 13' setback. Nothing in the neighborhood looks like this. They will have a lot of problems with mud when it rains. Dave Bewley, on behalf of himself, Richard Bond and Tim Treat stated they had presentations to make and support Staff's recommendation to deny the request. Additional information was given. They have been going back on this for almost 4 years now. They have gone through a tremendous amount of detail. Tree # $40 was the subject of intense debate and the discrepancy was the tree as drawn in 2000. Part of the problem was everybody saw this tree and today this verifies already known knowledge. Here we are today talking about this as if it was missed, but with due diligence this should have been pointed out. The essence of the set back to 1 $' was to accommodate the tree. The issue is not the condition of the tree. There is really no point in having a 13' setback if you are going to cut the tree. This renders all the comments null and void if you allow this. The tree hasn't grown much and they are just dealing with what is a known factor. Rich Bond addressed the fact of error being made here on most important issue discussed for more than 2 years. There were errors in the whole thing. There was an error where the roofline was to be on lot 8. The picture he gave them was 8' different than the one given to the City. He paid for an arborist report and the City's own arborist was asked if the tree was going to die. He said, I tried to tell them that. There are markers on the site indicating where the house is going to be. What is being asked now is to build the same house as was originally asked for. It has been said that Black Mountain paid attention to what the neighborhood looks like. He showed slide of what most of the houses look like. He then showed lot 9 and it does not absolutely fit in with the neighborhood. Tim Treat stated he came in January and thought this was over. He cautioned what was going to happen. The view he was promised, something happened and he lost 9'. He sent letters and e~mails to the Council. He showed the original design. Black Mountain flattened the grade and raised the house. Overlays showed.the differences with lots 8 CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 572 and 9. He is still very upset about this. This is a ridiculous situation. He is in the same business and stated it is not acceptable to do these kinds of things. Mr. Bewley stated what is missing on lot 8 is what is called the reference point of knowing where the height is marked. When you look at the drawings, it says the difference was only going to be 2' 4~/~". We are seeing a pattern here. They or the Council hasn't been able to see what's going on. Industry standard is you have to have a reference point. They haven't been able to find this. The drawings are all to scale. Because of missing information, you are unable to make this determination. They, as residents, and the City Council have a right to know what the reference point is. They used the only reference point, and it is 0' different. They ask that the City Council deny this and have a new hearing on this. The heights and views were part of the main issue. Jeff Woods with Black Mountain, stated this was a moving target. He had 3 meetings with the neighbors and his architect and the target keeps moving. Everything is accurate except the tree. If the true issue is the tree, they have two arborists saying the tree is fine. The neighbors will never see the tree. Mr. Treat wasn't at the meeting where he told Mr. Bewley if this gets approved, Mr. Treat will be pretty upset. He would rather cut the tree. There is a lot of finger pointing. He wants to build this house as sdon as possible. The limb will stay and they will treat the cuts. The height issues, there was no bad information. If he doesn't build this house, he will be back again; the height or the tree. At this point, since the arborists say the tree will be fine, to start construction immediately, they would like to build this last house. Mr. Treat stated every conversation they had was regarding the height. They don't want a tall house. The City told him to stay 5' from the tree. He has never brought a plan that fits the directive. Make him build a house that fits the lot. What's wrong with a 2,300 sq. ft. house? Mayor Lockhart closed the public hearing. Vm. McCormick questioned comments made about drawings that got built that weren't approved by the City Council? Mr. Byde talked about sections and explained that you take a theoretical cut across the house. There is a cross slope in addition to the slope from front to back. In reviewing some of the previous drawings, there were no section lines on the drawings, but where the measurement was taken from does not have any affect on the height of the house. What appears to have happened is the section for the pre-January section and the post~ January section were taken from different sections. What has occurred on these lois is a CITY COUNCIL MINUTES VOLI~E 22 REGULAR MEET]lNG September 2, 2003 PAGE 573 building surveyor must certify different sections to definitely say the house has been built per plan. Mayor Lockhart stated she has a tough time buying into the conspiracy theory. Staff is doing their best to paint an accurate picture for the City Council. She was on the losing end of the vote in 2001. In her opinion, this is all about the tree. We have a strict Ordinance for all the heritage.trees. She has seen the 13' setback house and is not impressed. She would prefer the 20' setback, but understands people have bought lots and are entitled to build a house. It needs to fit the lot, however. She stated she believes this would look more normal ff it is back 20', but whatever design happens, ff you have a lot that won't hold a 2,800 SCl ft house, it simply won't hold it. Cm. Zika stated he voted for the 13' setback was so he could build the house and protect the tree. We based this on his drawings of where the tree was located. This was inaccurate and they're saying, sorry, your surveyor prepared these drawings and we now find this was wrong and now hearing it is a 15' cut. Some of your people aren't doing good work. He stated he was in favor of denying request to amend the SDR. What they're talkdng about is the tree and mistakes so let's start back at square one. Cm. Sbranti stated he agreed with Cm. Zika. He looked through the minutes to find City Council's intent, which was to go with 15' in order to protect the tree. We have 112 conditions for this and there was a lot of word smithing in order to move forward. At some point, you have to look at your conditions and he did not feel it is appropriate to cut into the tree. Cm. Sbranti stated he gave Susan Bewley credit for showing the 13' setback and it is clearly not a good thing. He would go even further. Leave the tree alone and have a 20' setback. You will have to build a smaller house. A 1 $' setback creates an eyesore. Vm. McCormick talked about protection of tree # 340, R is more than how much can we cut and the tree will live. Once that tree is cut, it will never be allowed to grow because there will be a house there. You are destroying the integrity of the tree. How much can we preserve this tree and keep it healthy and still allow people to live close to it. She stated she will support Staff's recommendation and hopefully Mr. Woods can come back with another proposal, which doesn't whack off that tree. Mayor Lockhart stated they have tried to fit a square peg into a round hole for a long time. cITy COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 574 On motion of Cm. Zika, seconded by Cm. Sbranti, and by unanimous vote, the Council adopted RESOLUTION NO. 188- 03 DENYING THE AMENDMENT TO BRITTANY LAN~BLACK MOUNTAIN SITE DEVELOPMENT REVIEW (PA 00~)09) TO AUTHORIZE THE TRIMMING OF TREE NO, 340 ON AN EXISTING LOT (LOT 8) AT 11183 BRITTANY LANE BRAY COMMONS NEIGHBORHOOD PARK, CONTRACT 03~ 13 9:57 p.m. 7.1 (600-35) Parks & Facilities Development Coordinator Rosemary Alex presented the Staff Report. Four bids were received for the construction of the 4.8~acre Bray Commons Neighborhood Park in Dublin Ranch Area G. Upon careful evaluation of the bid results and consideration of the overall project, Staff recommended that the contract be awarded to Goodland Construction for a base bidof $17076,000. The Council asked if everything would be included in the park. Ms. Alex advised that the primary park improvements include: Dog Run, Circular Walking Path, Two Age Appropriate Play Areas, Picnic Areas, Basketball Court, Grass Volleyball Court, Restrooms and Informal Grass Play Area. Vm. McCormick asked if public art is included. Ms..Alex stated during the design process, Staff anticipated including public art as part of the overall design. DFA solicited public input and decided to withhold the public art component until the park is completed. This will happen at a later date when more residents can be involved. On motion of Cm. Sbranti, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 189- 03 AWARDING CONTRACT 03-t3 BRAY COMMONS TO GOODLAND LANDSCAPE CONSTRUCTION, INCORPORATED ($1,076,000) CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2~ 2003 PAGE 575 OTHER BUSINESS 10:00 p.m. City Manager Ambrose reported that the City has been informed by California Integrated Waste Management that the City has received an award to be presented at the League of California Cities conference on September 8th in Sacramento. There will be a photo opportunity from 4:45 p.m. - 5:$0 p.m. We met our diversion requirements and are being recognized. Cm. Oravetz advised that he is only going to the League conference for the policy committee meetings on SUnday. Cm. Zika stated he will be attending the entire conference. Mayor Lockhart stated she may go up to Sacramento that afternoon. Mr. Ambrose advised that there was a meeting today with the City of Pleasanton related to BART and Staff provided initial comments for the station design. We may hold a future joint City Council meeting with Pleasanton regarding the approach to be used. The important point is the project is moving along and hopefully, the project will be designed by the second quarter of 2004 and we will know then if the project is economically feasible. Cm. Sbranti reported that he joined Cm. Zika and Mayor Lockhart at the Chamber of Commerce BBQ and also attended the fire training exercise. He will go to the LOCC conference on Monday. They are going forward with a resolution for the protection of revenue for local government so the State can't keep raiding our coffers to pay off their debt. Vm. McCormick advised that she and Mayor Lockhart attended Childcare Links meeting and they had a very good discussion about the need for licensed childcare in the City and talked about various locations and where it fit in with public/semi~public facilities. The first public art task force meeting is coming up. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2t)03 PAGE 576 Mayor Lockhart stated Supervisor Nate Miley's office is looking for a representative to serve on the Violence Prevention Task Force, which will be meeting on September 18th from 4:00-6:00 p.m. She advised that she has another meeting that day in San Leandro. This meeting will be in Castro Valley. Cm. Sbranti stated he will be on this Committee, but he can't make it to the September 18th meeting. Mayor Lockhart stated she wanted to let the community know a discussion by ABAG and MTC and whether or not they would combine will be discussed at a task force public hearing on September 17th at 7:00 p.m., in Oakland at the Bort Metro Center. They have invited City Councils to come and participate in this. Mayor Lockhart advised that we got a thank you letter from Operation Welcome Home and Larry Tucker saying how proud of our little cities events and to state we got national coverage for this. We were the first region in the Country to do one of these welcome home parades. Mayor Lockhart stated she received a communication regarding the Camp Parks Docent Center. The docents from the history center would like the original sign and the commander's house protected as the base center develops. They would like the City to write a letter to the Base Commander to preserve these two sites for the future. The Council concurred. CLOSED SESSION 10:00 p.m. The Council resumed the closed session. 1. Public Employee Performance Evaluation pursuant to Government Code Section 54057 Title: City Manager REPORT ON CLOSED SESSION ACTION Mayor Lockhart announced that no action was taken. CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 577 ADJOURNMENT 11.I There being no further business to come before the Council, the meeting was adjourned at 1 I:I 5 p.m, ATYEST: ~' ~.y c~rL CITY COUNCIL MINUTES VOLUME 22 REGULAR MEETING September 2, 2003 PAGE 578