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HomeMy WebLinkAboutItem 4.01 Draft Minutes 1-6-98 (2) r l. RECULAR MEETINC - January 6, 1998 \.> i' ;.. .. ~. F . A regular meeting of the Dublin City Council was held on Tuesday, January 6, 1998, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:06 p.m., by Mayor Houston. '. ;- t" ROLL CALL ~. PRESENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. ABSENT: None.- -;- , t-. ,. i' ~. .. PLEDGE OF ALLEGIANCE ~-. Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. .. YOUTH ADVISORY COMMITIEE APPOINTMENTS . 7:07 p.m. 3.1 (110-30) Mayor Houston advised that in October of last year, the City Council approved the formation of a Youth Advisory Committee and directed Staff to recruit for members. Twenty applications were received for the 11 youth member positions and oIle application was received for the adult community member position. A subcommittee of the Parks & Community Services Commission reviewed the applications and conducted interviews with the potential applicants. The recommendations of the subcommittee were then ratified by the full P&CS Commission at its regular meeting on December 15, 1997. The recommended appointments to the Youth Advisory Committee are: Kelly Rubert 6th Grade Wells Middle School Louis Arcuri 8th Grade Wells Middle School Kathleen Ross 8th Grade St. Raymond's School Chris Pedersen 9th Grade Dublin High School Jupjeet Kaur 10th Grade Dublin High School Elizabeth Chapman 11 th Grade Dublin High School TomeI Cooper 11th Grade Dublin High School CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 1 ITEM NO. 4.1. . ~ f 1. t I r r ~ " [ ~. j:,' 'F ~ .. l' ~, r " ,. ; t ., t ,- f < Anu Gill Tianne Brown Sasha Garren Amanda Yniguez 11 th Grade 12th Grade 12th Grade 12th Grade Dublin High School Dublin High School Dublin High School Valley High School . Several of the members were present. On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council confirmed the above appointments for terms to run January through August, 1998. Mayor Houston asked Ms. Lowart to give an overview of what this task force will be doing. With regard to the adult members (or advisors), Dublin Police Services has appointed Chief Gary Thuman and Dublin Unified School District has appointed Superintendent John Sugiyama. The Dublin Chamber of Commerce has not yet responded regarding a representative from the business community. Karen Seals . was the only one who completed an application for member-at-l~e, and the Commission recommended her appointment as well. Mayor Houston reported that Karen Seals will be the adult at-large member. . On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, Karen Seals was appointed. .Ms. Seals stated she was really glad to be able to work with her own City and share some of the experience she has gained. Cm. Burton commented he was impressed in reading some of the applications and wished the youth good luck. .. CONSENT CALENDAR 7:13 p.m.. 4.1 through 4.6 On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of December 16, 1997; '. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 2 '. '. i- , t !" . . Adopted (4.3 300-20) RESOLUTION NO. 1 - 98 MAKING FINDINGS REGARDING UNEXPENDED IMPACT FEES FOR FISCAL YEAR 1997..98 Adopted (4.4 720-40) RESOLUTION NO. 2 - 98 AMENDING THE BENEFIT PLAN (DENTAL INSURANCE) Adopted (4.5 350-20) RESOLUTION NO.3.. 98 AWARDING PURCHASE OF BUSINESS LICENSE REGISTRATION SOFTWARE TO HdL COMPANIES (not to exceed $10,185) Approved (4.6 300-40) the Warrant Register in the amount of $857,641.42. Cm. Lockhart requested that Item 4.2 be removed from the Consent Calendar for discussion. Cm. Lockhart stated in reading through the agreement, she had a question on page 6, No. 5 related to "No Offset". She asked for an explanation related to this section. Mr. Peabody stated any fees that are paid by the signee are not going to be offset by any fees the District receives. Additional fees obtained by the District will not lower this mitigation amount. On page 7, Cm. Lockhart asked about "Construction of a School", which states "With the District's consent, Owner may elect to construct a school for the District." She asked if this could be like starting out with portables. Mr. Peabody stated the idea "is if the developer contributes, the facilities that they would provide would be directly related in a form acceptable to the school district. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 3 I- I Mr. Ambrose stated a concern is if you don't have enough students to build a new . school, you probably don't have enough money to maintain the school. The design of schools is being approached today with a different philosophy. :-~ ~ ~.. ,.. r ;- '-- t: or' ij: ~- f- ~. .,. Jo" i f On motion of em. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council approved (4.2 600-40) a School Mitigation Agreement between the Dublin Unified School District and Pao Lin (Eastern Dublin). . . ~ PUBLIC HEARING SCHAEFER RANCH REORGANIZATION PA 96-037 7:17 p.m. 6.1 (620-20) ~: 1 Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that the Schaefer Ranch project is adjacent to Dublin's western City Limits. The Dublin City Council has been appointed as the Conducting Authority by Alameda County LAFCo to hold a hearing and order the reorganization, annexing 500 :t acres to the City of Dublin and DSRSD, 340 :t acres to the Alameda County Flood control & Water Conservation District (Zone 7), and detaching 329 :t acres from the Hayward Area Recreation and Parks District (HARD). . Ms. Huston explained that the Schaefer Ranch ReoIl';anization project includes up to 474 homes, a small commercial area, recreational land uses and open space, on a total project area of 500 :t acres. The City Council certified the project EIR, adopted a GPA, and Prezoned the project site in July of 1996. The Council also authorized Staff to proceed with an application to the Alameda County LAFCo for annexation of the project site to the City. In October of 1996, the City Council adopted Resolution No. 118-96 reaffirming the previously established agreement with Alameda County regarding the exchange of property tax revenues. Ms. Huston advised that in September of 1997, LAFCo determined that this reorganization would provide a logical and most efficient provision of essential municipal services to the area by the City of Dublin, DSRSD, and Zone 7. The reorganization is also consistent with the orderly, planned and efficient urban development of the area. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING January 6, 1998 PAGE 4 . . ;,. ,: ~:< i' , ,- ,. t ;.~ ,-- " t , ~~. '. " . . The effective date of this reorganization is the date on which the Certificate of Completion is issued by LAFCo and recorded with the County Recorder. Rob Y ohai, 617 Kenwyn Road, Oakland representing the Applicant and all the land owners, stated he was overjoyed to be standing here after almost 10 years. He thanked everyone for their support, particularly this last year or two. He thanked Staff, Tasha Huston and Eddie Peabody and hoped the Council would support a yes vote. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO.4 - 98 ORDERING TERRITORY DESIGNATED AS "PA 96-037 SCHAEFER RANCH REORGANIZATION (ANNEXATION/DETACHMENT)" ANNEXED TO THE CITY OF DUBLIN, TO ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, AND TO THE DUBLIN SAN RAMON SERVICES DISTRICT, AND DETACHED FROM THE HAYWARD AREA RECREATION AND PARK DISTRICT .. PUBLIC HEARING - A CREATNE PLAYSCHOOL MODlflCATION TO CONDmONAL USE PERMIT PA 97-044 7:21 'p.m. 6.2 (450-50) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and advised that this request by A Creative Playschool is to increase the maximum enrollment at the playschool from 20 to 30 children, to permit children to play in the rear yard after 8:00 a.m. rather than 9:00 a.m., and to increase the number of children permitted in the , rear yard at one time from 10 to 30 children. Mr. Carrington gave a brief history of this project. em. Howard announced that she would abstain because her Granddaughter attends this school. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGES t: " ~ r i- ". i. '.. r '. f': ;, ~. ), " V-' '4 %" f t- . t . f;' : Cm. Burton asked if there are litigations in proCess at this time between the . neighbors and the applicant. Mr. Carrington stated Staff understands that there is a lawsuit going on at the present time. He stated he was hesitant to say more, not knowing the details. Ms. Silver stated the City has not been provided with any information. Based on heresay, there is a lawsuit. This is a civil suit. The issue of litigation is not relevant to the City Council on the issue of a CUP. Ralph Hughes, 7581 Brighton Drive, attorney for the applicants thanked everyone for letting him come before the Council regarding this issue. He represents Mr. and Mrs. Zupetz who own the property. He is also a resident of Dublin. There are 3 issues before the City Council. One relates to the hours that children can be outside. They may be able to offer some compromise so the noise can be reduced to some extent. His clients have suggested that 8:30 a.m. may be workable. In addition, they would be willing to have a quiet time when there will be no children whatsoever between 1 :00 p.m. and 3:30 p.m. in the afternoon in the back yard. Another issue is whether the total number be increased from 20 to 30. Having a daycare in a residential area is desirable because people are not willing to take children to a commercial area. The results of the traffic study in 1995 was no negative impacts to having 30 children in this daycare center. . There have been no more than 20 these past years and there have been no accidents attributable to the center. There have been no complaints lodged about the facility with any government agency. It is a well run operation. The ability to allow some of the children outside and telling others they must stay inside, simply doesn't work. Children don't understand this. The children are well or.ganized, well supervised and the ratio of teacher to child is more than what is required by the State of California. They are licensed by the State for 30 kids. There are children all around this intersection and schools close by. This is one of the most major streets in town. There is a certain amount of noise at all times. Dublin is very fortunate in that most other cities have their boundaries pretty well set. Hundreds if not thousands of homes will be built in the next few years. Many of the people who purchase these homes will have children. The General Plan does not provide for daycare. The City and/or the State has no obligation. This is left to private enterprise. It is called to be in a residential area. Daycare centers are a fact of life as government is withdrawing more and more funding. The private sector has to pick up this load. There are not a long line of people coming in to set up daycare centers. There are only a handful of daycare centers in this town. It is in the best interest of the City and its people for this daycare center to expand as much as possible and feasible. If the area is adversely affected at all, it may be CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING January 6, 1998 PAGE 6 . f;' ~. < ,t ~ r l, ~.-, i r. f' f g;' f f. J';u F 1: . . only about 150 feet. Over 25,000 people live iti this community. Virtually every person who is in this daycare center resides in Dublin. Undoubtedly, the new people will also reside here. He requested the opportunity to rebut any comments necessary. Don Krekorian, 6842 Brighton Drive thanked the City Council for the opportunity to speak. His attorney will also speak. With regard to the modification, he was present when the Planning Commission turned it down. He was not present when the City Council approved it. He was at the last meeting when the Council modified it. A commercial business should not be located in a residential area. This is used to generate profit and not used in the evenings or weekends. The issue is money, money, money. The level of noise is astronomical. He showed a video which was taken from his office wall to the south. He works out of his house. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 7 t; I!~ .. f k J< r. t' i;"' i ~- i f Mayor Houston asked if the fence was conditioned originally. l: Mr. Krekorian stated the fence had to be 2 feet higher than what was originally there. He commented the video did not sound like children laughing and playing. He felt Dublin has home occupancy restrictions. Currently they are allowed to have 10 children outdoors and the noise is generated by all the children. He contacted and asked the City if he could go up on his roof to take pictures of how many children are playing in the yard. One shows 19 children in the back yard. 'They don't follow the guidelines they're supposed to be following. They should not be rewarded by being allowed more children. He requested that the City Council revoke this 'permit and give the reSidents back their neighborhood. Some neighbors work nights and try to sleep during the day. He asked if any of the Councilmembers have family members who are clients of the daycare. They should decline in the vote. He asked if any had received contributions and if so they should disqualify themselves from the vote. ~:: ; ,.- Dan Rodrigues, 6851 lone Way stated this was established in an exclusively residential area. Now it is operating on a CUP that allows 20 children. It was granted based on information provided by the applicant. If the original application were to have been requested for 30 it would never have been granted. It should be located next to a commercial area, or business area or school. If they feel they need the expansion in order to make a profit or even to break even then it is their responsibility to find another solution. They should have considered this in their original business plan. This would be to the detriment of the neighborhood, just to let them make big money. Angelina Fountain, 6980 Doreen Court stated she opposed this. She has waited more than 20 minutes to make a turn at this location. Parents jaywalk children across the street. Today she saw a larze truck parked on Brighton, a Sears repair truck and it was a very tight squeeze just to be able to turn. She feels threatened by lawsuits and has made no complaints. A business should not be run in a residential area such as this. David McPherson stated he represents many of the neighbors in the litigation referred to. 'The merits of the litigation are probably not directly relevant. On behalf of the neighbors, the fact that the neighbors have initiated litigation is not accurate. The Zupetz have filed a SLAPP suit (Strategic Lawsuits Against Public Participation). The merits will be decided in civil court. Tens of thousands of dollars are being spent by the neighbors to defend themselves. The purpose is to quell their opposition. When members of this community write letters complaining about noise they are sued for defamation, when they takes pictures, CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 8 . . . . f::i.- . .... i-. .~ ~. t~ ~- f t ,. .,' i. !~: ( t ~. \ . . they are accused of being pedophiles. The existence of a lawsuit is extremely real to the neighbors who have spoken to the City Council and are now being sued. The Council must ask who should bear the burden. A commercial enterprise purchased the home knowing they did not have a permit to operate. Should their profit be burdened, or should the neighbors be burdened? Alan Owens, 6802 Amador Valley Boulevard stated he was reminded of the Randy Neuman song, "It's Money That Matters". He saw a nice silver BMW parked in the green zone recently and it made him think what right does the City have subsidizing lifestyles at the expense of his neighborhood. The conditions of the existing use permit are not being enforced. His calls and letters are igpored., so there is obviously some bias here on the part of the City. . It's important to get on the record. He referenced Mayor Houston's campaign contributions. On page 19 of a campaign report, it shows that Janice Zupetz contributed $200 to the Mayor's campaign. He suggested Mayor Houston do the same as Cm. Howard and not participate. The same should apply to Cm. Lockhart. The lawyer representing the Zupetz is on the Planning Commission. Three Councilmembers have monetary ties to the daycare center. He got into this on principle to begin with. The City's number one obligation is to protect p;roperty rights. They have no obligation to provide daycare. Once you start down the litigation road, it is very messy and he was very sorry to see it started. He referenced statistics which clearly do not justify compromising anybody's property rights for daycare. He wished this were a residential center where someone moved in and cared for 10 children. He requested that Cm. Lockhart and Mayor Houston and em. Howard all abstain because of conflicts. Ralph Hughes stated the videotape showed a child crying and stated the intent was to show this is what happens 40 hours per week. If this were the case, there would be many complaints to the City as well as to the State. This center has been in operation for about 700 days and Mr. Krekorian has had the opportunity to photograph and the only example he can give is the sound of a child crying. Unfortunately, kids do cry. He travels this road at least twice a day and he agreed there are times when you have to sit and wait. The noise and traffic on Amador Valley Boulevard is enough to make you pull your hair out. This is not because of the daycare center, though. Kids don't even start arriving until about 7:30 a.m. What was shown in the photograph was children who are supervised and in groups and in a home setting. They came out of a home and go to a home during their daycare hours. They are given an opportunity to spend hours away from their parents in a home setting. We all want to see what is best for the children. Everything in our life, unfortunately at some time, comes down to profitability. If it is a sin for the Zupetz to make a profit by running a daycare center, they will CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 9 t t. t, l; ,1 , " ;: f t ~' !i ." 1> i' \i., ~. t ~:. ',-- probably admit they are sinners. The basic fact IS what the neighbors want to . occur is to limit quality daycare. The State carne up with the number of 30 children after conducting an investigation of this facility. This is a very qualified cIaycare center which is very much concerned about the welfare of the children. Mayor Houston read a statement submitted by Leonard De Stefano, 6825 Amador Valley Boulevard. <<j work nights and sleep during the day. My house is direcOy across the street from ~ Creative Playschool). jam unable to sleep in my bedroom because of the loud screaming and yelling coming from the children at the playschool >> Mayor Houston closed the public hearing. Cm. Burton asked about requiring an EIR for additional numbers. l r Mr. Carrington stated it would be an analysis to look at the potential noise impacts of such a facility. ~ ~.. ? Cm. Burton stated the previous application did not address this. Mr. Carrington stated the initial approval was for 10 children outside and this was in accordance with the written statement of the applicant. . Cm. Lockhart clarified that the number of 10 came from the applicant's statement. Mr. Carrington stated yes, this was done within the last few weeks. Cm. Barnes stated with regard to traffic she goes through there 6 to 8 times a day and did not feel traffic is a problem as a result of the daycare. She still thinks the noise of the children is preferable. The need for daycare and the location must be in residential areas. She stated she will fight for this to her dying day. It does not necessarily mean you are sustaining the lifestyle of someone driving a certain type of car. One of her responsibilities is to personal and property rights. This yard is about the same size as hers and she feels 10 is adequate. Regarding the switch from 9:00 a.m. to 8:00 a.m., she felt 9:00 a.m. is adequate. She commented she could see allowing for 30 children, but no more than lOin the yard and the hours should stay the same. Cm. Lockhart advised that she does have a Grandson who attends there. He does not live with her. His parents looked and selected this location and pay for him to CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING January 6, 1998 PAGE 10 . ". . " ! ;- r' ~. t; L' ~ r" ~;: ,.. .' "'- ,. ~ ~.. k f ~. i. . . go there, not her. She checked with the City Attorney with regard to a conflict and she has not received any funds and she did not feel she should shirk her duties to the rest of the community simply because her daughter selected this facility. This has provided her an opportunity to go inside this daycare center on occasion and she does not understand why there is such a big gap between what people say goes on there. She is concerned about the concept that 'I have my house and have a right to the airspace that goes with it'. She had a neighbor move in recently with a yapping dog. This annoys her but she does not intend to sue them. There are high school games right down the street and bands playing and other noises that go on arOund there. She feels strongly also that dayca.re in our community is a serious and important issue. Cm. Burton felt there is no question that childcare is very important and he has tried to help the Arroyo Vista project get into childcare so people can go to work. He wanted to take this from the standpoint of what was agreed to and what was expected of them and what are the results. There was a hearing and the conditional use which was approved should be adhered to. They should show they have obeyed the conditions.- He considered the idea that they are not complying. He understands the noise will go over a 10 foot fence and go out into the neighborhood. They have approval for 20 and already we are in trouble. If we go to 30, we will get into more trouble. He would like to see the neighbors accept the fact that they will have a daycare center in their neighborhood. We should leave it as it is and everybody should get together and try to work it out. There is a conditional use on the property. Mayor Houston responded to the comment regarding supporting the lifestyle of people using the facility. We are working with our fellow Dublin residents. There is a need for this type of service in the community. This was not a very compelling argument. Regarding the comment of supporting Mayor Houston in his candidacy, the record will show he supported this before, during and after, the election. The animosity among the parties is unhealthy and people have to get over this. They need to start working together. Anytime you start getting attorneys involved, you are way off base. It is unhealthy for the neighborhood and unhealthy for the City of Dublin. There has to be a way to work together and not get so polarized in a bizarre way. He wanted to support the number of 30 and would like to see 15 allowed outside at one time. This would be a reasonable step. He agreed with keeping the hours. Cm. Lockhart commented with regard to another facility about 2 blocks away, also on Amador Valley Boulevard. It backs up to Dover Court. She went down and took a look at this situation. There are no complaints. They are licensed for CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 11 I"' , t i~ I~ ~:, ~. ~< r , ! 1-:;"0 20 and all can be in the backyard at the same time. This shows that neighbor- hood daycare centers can work. This is a compelling comment on one neighborhood versus another. It can happen if people will let it. She would like to see the children allowed out in the summer or when the weather is nice at 8:30 a.m. If the State says the place is qualified for 30 children, the City should agree. . ti fi' t: ::....~- i ~: .~ " t. I" Cm. Burton felt it will be very difficult to satisfy everybody. A conditional use was granted and it has not proven to be without problems. We should leave it as is until there are satisfactory conclusions to the problems. We are not trying to remove childcare, but just hold it as it is.. - Cm. Barnes commented 34 years ago she moved to Dublin and her house burned down. The :p.eighbors invited them to stay the night" and helped them. She asked the people to start acting like neighbors. Let's start living some of the Dublin Pride, City Proud attitudes. t! Cm. Barnes made a motion, which was seconded by Cm. Lockhart to let them increase to 30 children, keep the 9:00 a.m. time for outside play and allow 15 kids outdoors at a time. Ms. Silver requested a break to allow Staff to modify the resolution. At 8:47p.m. Mayor Houston called for a 5 minute break. At 9:07 p.m. the meeting reconvened with all Councilmembers present. . Ms. Silver read the suggested wording for the Resolution. She stated it was her understanding that the motion was to adopt Exhibit A of the Staff Report. Paragraph 2 allows a maximum of 30 children. Paragraph 7 of the Conditions of Approval indicates no outside activities may take place before 8:00 a.m.. This would.be changed to 9:00 a.m. Paragraph 9 says a maximum of 30 children at a time would be allowed in the backyard. The motion was to change this to no more than 15. Ms. Silver suggested that Paragraph 9 be changed to state there shall be a maximum of 10 children in the backyard and add "if the applicant submits a noise study to Staff that is satisfactory, the applicant may have 15 children in the back at anyone time." If the Council adopts the Resolution, the center would be able to have no more than 10 in the backyard until they submit a noise study to Staff, and if Staff finds it acceptable, they could then have 15. This would require no further action on the part of the Council. Cm. Burton asked if an EIR would be required. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 12 . f-'" . l i . 1. r- ..' r,.- ~- " :, f ,~ '(: f ,. i' ~- t: ~- ~. . . Ms. Silver responded it is ultimately up to the City Council as to what level of environmental studies are required. This amendment would be within the confines of the negative declaration when the CUP first came before the Council. Cm. Barnes agreed to amend her motion, and Cm. Lockhart amended her second, to incorporate this change. On motion of Cm. Bames, seconded by Cm. Lockhart, and by majority vote, the Council, with the amendments discussed, adopted RESOLUTION NO. 5 - 98 MODIFYING A CREATIVE PLAYSCHOOL DAYCARE CONDITIONAL USE PERMIT (PA 96-026) AT 6837 AMADOR VALLEY BOULEVARD em. Burton voted in opposition to the motion and Cm. Howard abstained. Additional written statements were provided to the City Clerk for inclusion in the record. . Pjanuary ~ 1998 To: The Dublin City Council Dear City Council Members;! We have asked our friend &- neighbor to bring this letter to your attention on our behalf; as we cannot attend tonights city council meeting, but would like our opinion considered on the issue of the expansion of A Creative PlayschooL We believe it is not in the best interest of our neighborhood to have a facility of this size among us. We have lived in Dublin for 15 + years and feel that this is a close knit community. It goes against the grain to have a facility/business of this size in a family oriented neighborhood A house of this size could never house a family with so many children and a business of this size belongs in a business par]; not a residental (sic) community. Let us keep our neighborhood just tha~ families and neighbors. Thank you for your attention. SincerelY7 Beverly Wright Richard &- Carole Patrick Newcastle Residents;!;! "To: Dublin City Council Jan. ~ 1997 (sic) From: David and Glenda Milam 6855 Brighton Drive- Dublin;! CA Subject. Opposition to Expansion of em'Olhnent at A Creative PlayschooL A Creative Playschool is a business in a residential home. With enroIlment of 20 it already generates considerable noise;! and some extra traffic in the neighborhood We do not understand why this business should be allowed to expand and cause additional problems for our area. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 13 4 r.." ... r i +? ~' \ ic f ~:- J1~ ~' ~" f' I~';' ~: .- f. ~' ,. .. t ~ f:' f: , We oppose the expansion of enrollment Signed by David Milam Glenda Milam" .. . AMERISUITES HOTEL SITE DEVELOPMENT REVIEW PA 97-042 (A PART OF HACIENDA CROSSINGS) 9:12 p.m. 7.1 (410-30) Community Development Director Peabody advised that on December 16, 1997, the City Council approved an application from the AlneriSuites Hotel, with an added condition that end elevations be revised. The 128 room hotel is to be located on the southeast corner of Dublin Boulevard'and Hacienda Drive, in the 53 acre Hacienda Crossings shopping center. Condition #19 was added which required revisions to the side elevations, with said revisions to be approved by the City Council prior to issuance of a building permit. The Council reviewed the revisions. (". Cm. Burton asked about lighting in the area. Dave Babcock with SPGA stated they heard comments loud and clear at the last . meeting and they went through the concerns and comments they had discussed early on. They felt Mr. Peabody did a very good job in describing the changes that were implemented. They got a much better site elevation out of this process and a more stronger visual element. Subtly the composition of the elements are much stronger. They have a 360 degree architecture. They will have uplighting as part of the construction document package. It will be illuminated at night and will stand out. The final colors with a green roof will be part of the project. Mayor Houston felt this was outstanding and just what he was looking for. They did a good job. Cm. Burton congratulated them for acting so quickly and allowing the City Council to be participants. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council approved the revised side elevations as presented for the AmeriSuites Hotel. .. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETINGyJanuary 6, 1998 PAGE 14 . H '" . FIRST AMENDMENT TO AGREEMENT WITH DAVID L. GATES &; ASSOCIATES. INC. \ t: 9:21. p.m. 8.1 (600-30) t ... 'v .. ~". r. r ~~- ~:- ~, f ; I'" ,. ;;- ; . . Parks &; Community Services Director Lowart presented the Staff Report and advised that an amendment to the agreement with David' L. Gates is being requested in order to evaluate the existing library to determine its potential for another public use, specifically a senior center. The original agreement which was approved by the City Council in October of 1997 was for the development of the City Park Master Plan. . Concurrently with the development of the City Park Master Plan, the Library Planning Task Force is evaluating the long term library building needs for the City of Dublin. Although the Task force has not come to a final conclusion, they have identified the excess property at the Civic Center as a high priority site for a new library and the financial feasibility of this option is being analyzed. Ms. Lowart advised that there are insufficient funds in the budget to cover the amendment, so a budget change of $7,950 would be necessary. Ms. Lowart pointed out that the current Dublin Library site is owned by the County of Alameda and leased to the non-profit Alameda County/Dublin Library Corporation. When the bonds are completely paid off, title will vest with the County. If the building is no longer used for a branch of the Alameda County Library, and if the City determines that the building is suitable for another public use, it will be necessary to negotiate a transfer of ownership from the County. em. Burton asked what would be required to take over the present library from the County. Are there restrictions in the original agreement? Mr. Ambrose stated once the bonds are paid off in 1999 the title of the building reverts to the County and they have clear title at that point, so we would have to sit down and negotiate a transfer if we believe it is in our best interest. Renova- tion projects can be expensive as opposed to building at another location. Their policy is when new libraries are built, they are built and maintained by cities. Cm. Burton felt the Fire Department might want the site. Mayor Houston stated he spoke with Supervisor King and she is supportive of sitting down and talking about it. She expressed a willingness to look at it objectively. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGElS i . . ~ T; t:' ! ,. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council approved the Amendment to the Agreement, authorized the Mayor to execute same, and approved the Budget Change Form. .. . :; r , " ~. r './' J..' t. ' PROPOSAL BY LIVERMORE DUBLIN DISPOSAL REQUESTING TO CHANGE SCHEDULE FOR SPECIAL CLEAN-UPS i 9:28 p.m. - 8.2 (810-20) ~ , 1,: t l: .. ,. r Management Assistant Sue Barnes presented the Staff Report and advised that the City of Dublin has a franchise agreement with Waste Management of Alameda County for the collection, transpo~tion, recycling, processing and disposal of solid waste. The provision of these services is also related to meeting the goals and requirements of the California Integrated Waste Management Act (AB 939). 'This State Law requires a significant reduction of the amount of waste placed in the landfill by the year 2000. Ms. Barnes stated Livermore Dublin Disposal (LDD) currently provides weekly pick up of trash, recyclable items and green waste. In addition, LDD holds 3 special clean-ups annually for single family homes and townhouses. Residents . may, at these times, dispose of up to 3 cubic yards of trash per household. These special clean-up days are presently scheduled on 3 Saturdays per year in March, June and September. LDD is proposing that Dublin's 3 special clean-ups be held on weekdays instead of Saturdays. Ms. Barnes discussed the potential advantages and disadvantages of this change. In conClusion, LDD is requesting this change so the company can improve the level of service it provides for the special clean-ups. Staff recommended that the City Council review the request by LDD and that if the Council approves the change, that it be done on a one-year trial basis. Staff would complete an evaluation of the new schedule before the end of the trial period and report the results to the Council. Annette Holck, new LDD Site Manager was present to answer any questions. 'Cm. Burton asked if one trip would be just to pick up wood. Ms. Barnes stated this was correct. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 16 . ':1(. . r ~'. ,. r t i: ;;- j; to. ~~. ~. i, ~" ~. ~ :'" . . Cm. Lockhart stated she felt with the postcard, It will be clear when the pick up will be. The Council agreed that the one year trial basis would be good. They liked the idea of a bright colored canl. Staff should also utilize the City's Website to relay the information and also crv 30. Cm. Lockhart felt recycling is important. Dan Rodriguez, 6851 lone Way felt it didn't sound like they will get much notice with this method. People may be traveling or out of town, and not have enough notice of when to put out the trash. Mr. Rankin stated the first notice will go out at least 3 weeks before the first clean up and it would indicate all the dates. Other notices would go out before each pick up. Cm. Barnes stated it is a problem that we are not recycling anything that gets picked up on Saturday. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council approved the change on a one-year trial basis, and directed Staff to complete an evaluation of the new schedule before the end of the trial period, and report the results to the City Council. Mr. Rankin stated Waste Management has done another reorganization so Annette Holck will noW be the one to come before the City of Dublin. Desi Reno is now'working in Walnut Creek. .. OTHER BU SINESS 9:39 p.m. UpComin~ Meetin~s (610-05) Mr. Ambrose discussed the City Council's interest in having joint workshops with the City's Commissions/Committees on Saturday, Febmary 14th. This date was selected thinking the weekend after was the 3-day weekend. It will actually be a 3-day weekend on February 14th. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 17 1 F ; r Cm. Barnes stated she will be available on February 21st. Mayor Houston indicated this date was okay for him. em. Lockhart and Cm. Burton both said okay. L t- f r r; 1;"" f. f, ~. r 1; r ~\: ~. ,-; r I. .I, The meeting will, therefore, be held on February 21 st, in the Regional Meeting Room at the Civic Center. It will start at 9:00 a.m., with coffee and donuts at 8:30 a.m. Staff is working on finalizing an agenda. Mr. Ambrose advised of several upcoming meetings. The Downtown Task Force will meet on Wednesday January 14th. The Library Task Force will meet on January 27th. The City Park Task Force will meet on January 29th. .. i. " Garbaste Truck Accident (810-10) &'. , . Mr. Thompson reported on the incident at Calle Verde Road and SilveyZate Drive this morning about 9:30 a.m. Apparently, one of the garbage trucks had their bucket too high and sheared off 3 power poles. PG&E responded really fast. All power is reportedly back on. Traffic had to be rerouted in the neighborhood. . Mayor Houston asked who pays for the light poles they pulled down. Mr. Thompson stated it was power poles that had to be replaced. Fortunately, no one was hurt. .. . - Child Care Issues (950-70) em. Lockhart commented with all the planning we are doing in eastern and western Dublin, the issue of daycare seems to be a big issue. She questioned if there is anything in the planning stage we can do, or do we think about zoning daycare into areas ahead of time so that when people move to a new area, they know a daycare could be located there? Could we avoid CUP's in some way? Is there a way to do this to head off some problems? Mr. Ambrose stated the issue is if it is a permitted use, we lose some ability to control what happens. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING January 6, 1998 PAGElS . f~. . ~; >t. ~ 4; f: !-" t II- '>- !'. r.- . :: {~ ~. i.. ~: ;- , , ;: . . Mr. Peabody commented there are a number of Commercial establishments that have daycare facilities that are built in conjunction ,with them. We are doing some long range park planning that have facilities next to parks. We don't zone for daycare facilities. We can encourage people with vacant properties to consider this as part of their project but he wasn't sure we could mandate it. This is similar to churches. We don't zone for them. . Installation of Television Cablin9.: Cm. Barnes asked Mr. Rankin about correspondence dealing with Tel and a new apartment complex going in and the lack of TCI cabling and ability to cable to the apartments. She is concerned that we have a group of residents that will not be receiving the same service as other citizens do. She asked for a status related to this situation. Mr. Rankin stated the current status is TCI will be putting in empty conduit, but Shea Homes has indicated they will select their own provider. Cm. Barnes stated she was very much opposed to this. Mr. Ambrose stated we cannot mandate under FCC rules that somebody has television service and you cannot grant an exclusive franchise to a cable TV provider. We cannot tell Shea Homes you shall have TCI service just because they have the bulk of the service. It is a concern. Mr. Rankin discussed the Cottonwood situation. TCI has purchased their system. .. San Ramon Road Banner Poles (270-20) em. Barnes stated for so many years we have had banner poles up on San Ramon Road and the poles broke quite some time ago. She questioned why it is taking so long to get them replaced. Mr. Thompson stated we have them on order and it is an especially heavy pole they have to manufacture. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING January 6, 1998 PAGE 19 , y t 1 J, ~ rt ~.., i- f l'"' ff K t ~... t , ~ \ r ~.;!.. Cm. Barnes felt this is disappointing that we won't have them up in time to advertise St. Patrick's Day activities and also Dublin Pride Week. ... . Noise Problem (530-35) Cm. Barnes stated peoJ?le came and spoke some time ago about problems with bands practicing in garages. People are now calling her and saying it is all day long situation. The vibrating and beating are particularly annoying. She asked if the Police were aware of the situation. Chief Thuman stated an individual's peace can be disturbed at any time of day or night. If the sound or the noise is unreaSonable they can call the Police and they will respond. Ms. Silver stated the Municipal Code makes it a misdemeanor to cause unreasonable noise. She explained two types of noise ordinances. One is based on decibels and the other, which is what Dublin has, is the reasonable person noise ordinance. This is Section 5.28.020 of the Dublin Municipal Code. Cm. Burton asked what the penalties are. . Chief Thuman stated usually when they inform people of the violations they cease and desist. If someone wants to file a complaint, they forward it to the District Attorney and pursue a complaint. .. Request for Dos.'.: Run on City Property (500-10) em. Burton stated he has had 2 people call and say their cities have established dog runs. He realized this is a sensitive issue, but they suggested utilizing the area back behind the Civic Center until we do something with it. There is no place now. Everyone cleans up their own thing. +- CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING January 6, 1998 PAGE 20 . ,- . " t. ~~ l i ~, " ~, l; [, t-- ~. " I t; . . Soccer Event (900":50) Cm. Burton commented that he had gotten a letter from the San Jose Clash a professional soccer group. They want to have a Dublin day and we would need to organize the Dublin soccer people. Mayor Houston felt Dublin Soccer should be contacted to see if there is any interest. They will have to drive this, but the City Council can assist. .. AQJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:59 p.m. A TrEST: Mayor City Clerk ~ ~ ~ CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING January 6, 1998 PAGE 21