HomeMy WebLinkAboutItem 7.2 Shamrock Shopping Ctr (2)
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CITY CLERK
File # ll0!3Jpjl-[g[Q
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 16, 1999
SUBJECT:
ATTACHMENTS:
RECOMMENDATq;YON: 1)
2)
3)
FINANCIAL STATEMENT:
. BACKGROUND:
Shamrock Shopping Center fK
(Report Prepared by Eddie Peabody, Jr., Community Development
Director)
1)
2)
3)
4)
Conditional Use Permit for Goodwill Trailer issued in 1990
February 3, 1999 letter to Mr. Powers, Goodwill Industries
February 8, 1999 letter to City from Mr. Powers
February 10, 1999 letter to Mr. Powers, Goodwill Industries
Receive Staff Presentation
Deliberate
Give Staff direction
Staff time for code enforcement.
At the February 2, 1999, City Council meeting, Marianne Stutchman, resident of Dublin addressed the
Council with some concerns she had with the Shamrock Shopping Center. She had stated that the Center
has been declining over the past several years and she would like to see some changes made to the Center.
Ms. Stutchman suggested trash enclosures be placed around the Center in various locations. In addition,
she asked staff to look into the number of trailers that the Goodwill Industries are allowed to have on the
site. The Mayor directed staff to report back to the Council on what action has been taken on the property
and to address Ms. Stutchman's concerns.
The Ordinances that address the issue of trash containers, trash enclosures and property maintenance are
the Zoning Ordinance, the Solid Waste Ordinance and the Property Maintenance Ordinance.
. The Zoning Ordinance addresses trash containers directly in the Landscape and Fencing Regulations
by requiring them for new developments and indirectly through the Site Development Review and
Conditional Use Permit process as a condition of approval.
. The Solid Waste Ordinance requires that waste be kept in receptacles and that the receptacles be
durable, meet certain design standards and be kept in a clean and sanitary condition at all times.
Residential receptacles must not be visible from the street unless in a side yard.
. The Property Maintenance Ordinance prohibits on nonresidential property the accumulation of dirt,
litter or debris, boxes, bins, junk, trash, salvage materials, attractive nuisances dangerous to children,
.
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COPIES TO:
Address file
Charlie Powers
ITEM NO.
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G :agenda/1999/2-16sr Sha m rock
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broken or discarded furniture, household equipment, overgrown vegetation, weeds, vehicle parts and
graffiti.
The Shamrock Village Shopping Center was approved in 1960 by Alameda County. A review ofthe site.
plan for the project shows no enclosures for trash receptacles were required at that time. The Conditional
Use Permit (Attachment 1) for the Goodwill donation trailer was approved in June 1990. The permit
required:
. That the trailer be located near the Goodwill store and the Medical Center building;
. That the donation station not interfere with or obstruct vehicular access;
. That Goodwill be responsible for maintaining the trailer and parking lot surrounding the trailer in a
clean in orderly manner and that no items be left outside the trailer for more than 24 hours at a time;
. That the Applicant provide two 8 square foot signs indicating hours of operation, drop-off
instructions, and an emergency telephone number;
· That screening trees be planted along Starward Drive to soften visual impact; and
. That a 6 foot tall vinyl clad chain link fence be used to screen the bottom of the trailer and contain
after hours items discarded on the site.
OPTIONS
The options available to the City are enforcement of ordinances and conditional use permit, revocation of
the Conditional Use Permit for the Goodwill donation station, and design review of eventual
redevelopment of the site.
. Enforcement of Ordinances and Conditional Use Permit.
The City may not require that enclosures for trash receptacles be provided in the shopping center because .
they were never required by Alameda County when the project was originally approved, however, the
City may enforce existing ordinances and the Conditional Use Permit conditions of approval for the
Goodwill Industries donation station.
Buzz Kalkowski, Code Enforcement Officer for the City of Dublin, has been working with the new
owners of the property to address the trash concerns. They have indicated that each tenant has been
contacted about their respective trash issues and each has stated they will comply with keeping their trash
area and the area behind their stores clean. The sweeping vendor has been given orders to pay special
attention to the rear of the Center. The landscaper has been asked to keep all medians and flower beds
free of debris. Steam cleaning of the Center is scheduled on a quarterly basis. The trees and shrubs at the
rear of the Center are scheduled for trimming at the end of February and a lighting study at the rear of the
Center is in progress. Containment of the trash dumpsters within concrete bumpers is being investigated
at this time. Livermore Dublin Disposal has been contacted to replace all dumpsters with new, clean
containers. Monument Car Parts, Dublin Buffet, Round Table Pizza and World of Shoes all have
received verbal and written warnings regarding trash outside the dumpsters. All have agreed to use the
dumpsters in the proper manner.
Letters have been sent to and from Charlie Powers of Goodwill Industries regarding the state of the trailer
and surrounding area (Attachments 2 - 4). Mr. Powers indicated on February 10, 1999 to Mr. Kalkowski
that Goodwill will be maintaining a single trailer in Dublin and will be placing a fence around the trailer.
The trailer may be moved to a location along the East side of the Shamrock Village Center Property, just .
north of the Goodwill store. This location provides better lighting and surveillance.
The Code Enforcement Officer performs site inspections of the shopping center daily. He will ensure that
only one trailer is located at the site, that it is appropriately fenced, and that the area is kept clean. He
may issue citations for any violations of ordinances as appropriate.
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. · Revocation.
Section 8.96.020.1 of the Zoning Ordinance addresses revocation of a permit. It requires that the Planning
Commission consider the revocation of the permit because it originally approved it. The decision to
revoke a permit must be made at a notice public hearing and findings must be made prior to revocation.
Staff may recommend that revocation be pursued if conditions of the Conditional Use Permit continue to
not be met.
. Design review of eventual redevelopment of the site.
As mentioned earlier, trash enclosures are required by the Landscape and Fencing Regulations. The
eventual redevelopment of the site will require a Site Development Review. Staff will ensure that
adequate trash enclosures are required as part of any new development on the site.
RECOMMENDATION:
It is recommended that the City Council receive the staff report, deliberate and give Staff direction.
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CITY OF DUBLIN
?O Box 2340. DutJiin, Caiiiornia 9..:568
City Offices, 100 Civic Pia:a, Dublin, California 9~56S
APPEALABLE ACTION LETTER
Date: June 5, 1990
CERTIFIED tf.AIL
Re. Planning Application #:
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)?}.::~}:O>034'~'Goodwill Industries CUP
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Project Description:
Conditional Use Permit renewal request to allow the
location of a temporary donation trailer at the
Shamrock Village Shopping Center
?inance Control #:
N/A
Project/Site Address:
North end of Shamrock Village Shopping Centsr
parking lot located at ~7767 Amador Valley ~~ed bLVD,
Assessor Parcel Nlli~ber(s):
941-173-4-5
_tqplic.s.nt:
Art Collins
1301 30th Avenue
Oakland, CA 94601
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Property Ow-ner:
Mrs. Barbara Cross
P. O. Box 2247
San Rafael, CA 94912
Dear Applicant:
The above referenced project was acted upon on June 4, 1990 by the Planning
COmmission and was approved. Applicable Findings and Conditions of Approval are
attached.
Tnis action becomes final and effective at 5:00 p.m. on June 14, 1990 unless
appealed before that time in accordance with the Zoning Ordinance and other
applicable regulations.
w~'en final, any such approval shall not be interpreted to be an approval to
violate or omit any provisions of the Zoning Ordinance or any other applicable
codes. The Applicant must apply with the Building Department to obtain any
necessary building permits prior to commencing the project.
If you have any questions regarding this matter, please contact David Choy, the
Project Planner, or me.
.
Sincerely,
~~~
Laurence L. Tong
Planning Director
DC:ga
ATTACHMENT
Adr:."r::S;:2;iC~ (':15) 833.5650 · City Co~ncil (-':5) 833.6605 · fir-aroce (~:5) 533.5540
Coc: Enfor:;e:iie~t (.~::5) 833.6620 . :::-:g::1eenng (':~5) E33-6630 .
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RESOLUTION NO. 90 - 024
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-034'GOODWILL INDUSTRIES DONATION STATION
CONDITIONAL USE PE~~IT RENEWAL FOR A 25 FOOT LONG TRUCK TRAILER
LOCATED IN THE NORTHEASTERN PORTION OF sa~~OCK VILLAGE SHOPPING CENTER
PJL~ING LOT NEAR GOODWILL STORE, 7767 L~DOR VALLEY BOULEVARD
w-dEREAS, Ar~hur Collins, representing Goodwill Industries, filed an
application for a Conditional Use Permit renewal to allow the continued
operation of a 25 foot long truck trailer for a Donation S~ation in ~he
northeastern por~ion of ~he Shamrock Village Shopping Center parking lot near
the Goodwill store, 7767 .~ador Valley Bouleard.
w-dEREAS, Section 8-48.2 of the adop~ed City of Dublin Zoning Ordinance
requires approval of a Conditional Use Permit for the operation of a Dona~ion
Trailer in a C-l Zone; and
WttEREAS, the Planning Commission held a public hearing on said
application on June 4, 1990; and
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WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the request is categorically exempt in accordance with the
provisions of California Environmental Quality Act; and
W-dEREAS, a Staff Report was submitted recommending the applica~ion be
conditionally approved; and
WHEREAS, the Planning Commission heard and considered all said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Co~~ission does
hereby find that:
a. The use is required by the public need in that it provides a
location for the general public to drop off reuseable items.
b. The use would be properly related to other land uses and
transportation and se~-ice facilities in the vicinity in that the site contains
the Goodwill Store, as well as other retail activities, which coincide wi~h one
another in a supportive fashion.
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c. The use, if permitted under all circumstances and conditions of
tn~s particular case, will not materially affect adversely the health or safety
of persons residing or working in the vicinity or be materially detrimental to
the public welfare, or injurious to property or improvements in the area, as
all applicable regulations will be met.
d. The use will not be contrary to the spec~!~c intent clause or
performance standards of the General Plan and zoning established for the
district in which it is to be located in that conditions have been applied to
insure conformance with the zoning regulations.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
approve said application as show~ on attached Exhibit A subject to the
following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of A~pro,al shall be compli~d with
prior to issuance of building permits or establishment of prouosed land use
activity and shall be subiect to Planning D~Dartment review and auproval.
1. PA 90-034 is approved for the Donation Station truck trailer which
shall be located in the northeast portion of the Shamrock Village parking lot
areas near the Goodwill store and the Medical Center building, as generally
depicted in Exhibit A.
2. The Donation Station shall not interfere with or obstruct vehicular
access or movement within the parking lot.
3. Hours of operation shall be from 10 a.m. to 5:30 p.m., 7 days a
week. After hours, the trailer shall be locked and secured.
4. Parking lot and building lighting shall be maintained and
operational during non-daylight hours,
5. The Applicant, Goodwill Industries, shall be responsible for
maintaining the Donation Station and parking lot surrounding the truck trailer
in a clean and orderly manner. No items shall be left outside the truck
trailer for more than 24 hours at a time.
6. The Applicant shall maintain on-site signage indicating hours of
operation, drop-off instructions for after hpurs and a telephone number for ~se
in case or emergency. Said signage shall be limited to two signs, each a
maximum or 8 square reet of area.
7. A m~n~m~~ of three (3) additional parking spaces shall be
maintained at the northeast portion of the site to offset that which is
occupied by the donation trailer operation.
B. Screening trees shall be maintained in front of the trailer
location within the planter area along Starward Drive to soften visual impact.
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9. The trailer shall remain in close prox~m~ty to the street light to .
screen the bottom of the trailer and contain after hours items discarded on
site.
10. The Applicant shall maintain a 6' tall vinyl clad chain link fence
to screen the bottom of the trailer and contain after hours items discarded on
site.
11. This approval shall become null and void in the event the approved
use ceases. to operate for a continuous one year period.
12. This permit shall be revocable for cause in accordance with Section
8-90.3 of t~e Dublin Zoning Ordinance. Any violation of the terms of
conditions of this permit shall be subject to citation.
13. On an annual Dasis, these uses shall be subject to Zoning
Investigator review and determination as to compliance with the Conditions of
Approval.
PASSED, APPROVED AND ADOPTED this 4th cay of June, 1990.
AYES:
Commissioners Barnes, Burnham, Okun and Zika
NO=:S:
None
.A.B S E~T :
None
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ATTEST:
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CITY OF DUBLIN
Po. Box 2340, Dublin, California 94568
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City Offices. 100 Civic Plaza, Dublin, California 94568
February 3, 1999
Charlie Powers
Field Operations & Support Supervisor
Goodwill Stores
1301 30th Avenue
Oakland, CA 9460 I
Reference: Dublin Pickup Center, Shamrock Village Center
Dear Mr. Powers:
.
The condition surrounding the Dublin collection trailers has been brought to the City Council
as complaints. The conditions require immediate attention.
The two trailers at the Dublin must have a chain link fence, with three gates (one gate on
each end for trailer access and one at the middle, to open during operating hours), with
poles set in concrete, barbwire top, and signs, described below, attached to the fence.
A sign must be attached to each gate, two additional signs on the south fence and two on
the north fence, very visible, statinq (total of seven signs, normal street warning size signs):
. No depositing, leaving of donations, during hours the gate is locked.
. No dumping of junk or waste.
. No scavenging.
. Violators will be prosecut.ed.
The sign wording may be different than the above, but must mean the same.
In addition, if the problem continues, it will be necessary to have extended hours of operation at
the Dublin Collection Center.
The above requires immediate attention. Can this be completed by February 16, 19997 The City
council is expecting an answer by that date. If not, please phone and leave the date it will be
complete. Please phone if you have questions. Thank you for your cooperation.
Sincerely,
~<<~
Buzz Kalkowski
Administration (925) 833-6650 . City Council (925) 833-6605 . Finance (925) 833-6640 . ·
Code Enforcement (925) 833-6620 . Engineering (925) 833-6630 . Parks & Commur ATTACHMENT 2
Economic Development (925) 833-6650 . Police (925) 833-6670 . Public We
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Copies:
Property Manager, Kim Anderson, Fax: (310) 477-4177
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I received your letter this morning concerning the Goodwill donation station in ~'~n~~~~~~~~;'~{~~'~'}~;~~'~~,:~
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the Shamrock VIllage Center. I must say that I was surpnsed at the dIrectIve ~'~~.:~\~i~,;~~~~;~/~i:;~
na~re of the letter. ~y telephone conversation ~ith you early l~st week led me to~~~1~1~~~t~~~1!
be!teve we were working together to find a sblutlOn to the dumpmg problem that ~S!}1.-l' \ "; '..~~5F~"
. t th . :~~::''!"0-,,;;,~,,:-;::,:,.~,,'1{<.~;..t;;.,'J: ~~'.,,>
eXIS s ere. '."..;'~-:O:'.">"" ~""-~:":,,,-",,:-;; 0" -..c:
::.-<;:::-:::.:~.~~>,.i~~.~.!:\~~::. :":"~:.:'~'-'",?,:.:;~ "1- .
The donation station in the Shamrock Village Center is but one of 60 maintained }~~~'f~"~r:~~;:,t~r:;t::~~~':"
by Goodwill Industries ofthe Greater East Bay. These donation stations provide ?';~~;~~~}~lt{~~:~~,,~:f~::::}:?,:
the citizens of your community with a convenient place to drop off their reusable ~i.'c:'~:~;~,2i~!~~;i~/::V~\\:;~~,::
clothing and household items and obtain a tax-deductible receipt. The sale of'f:..::~.\':J~;.:~<\~~~.:;'#;)t>
these donated items in turn fund Goodwill's job training and job placement~~;":~::~~l,:::{~;: ~';,c '.;' ;{-,,~:.-. .'
programs. _:_~:;::t~~:i~~::.:.~~~;'~..:-:->:-::
As you are very aware, a dramatic increase of after hours dumping ofunusable:~:;J{:':~1:::{~}3;S(:-:f\<.
items, which would have been rejected during the hours when the station is ;;'--;,:rf~/;\~~~-?f~~\:;~i;:Y,~:;-{::::;-
manned, has occurred over the last several months. Goodwill attempts to"~;-R~t;vl:;~~;~~i~~;~j:t;(_.C::}{i:
discourage donors from leaving items after our donation stations are closed by the -:;*'~y':~'Vii!\;S:*:.'I~iL--~..:;.:
posting. of s~gns o~ each of ?ur do~at~on trailers. Our District ~onation . ?j;ti:~~\~&~}d<~~;-f~~!i:?~~;-'~;-
SupervIsor IS on SIte at closmg a mmlmum of 5 days a week to msure no Items are ~~Y0i~i'~,~:;:-':~.\::;;~:::~:::i"L,
left outside the trailers prior to the attendant leaving for the evening. This has had .Pk;:!.~i;~~,~-~j:~W;~~/~%':::;-
I. I ffi h bl fD bl' .. '11 II d . ,~!';,,,,;-;;~,~-""~~""'7"V"::,=,? .
Itt e e ect on t e pro em 0 u m CItIzens 1 ega y umpmg ';'~:7-~4~J;;%t:p.:~~:?~f:~.:;:'
unwanted/unus~bl~ items in the parking !ot surroundin~ our don~tion site. W e I.-~~ ..,(:;..~~~~~.
have even had mCldents of people dumpmg unwanted Items durmg the hours of -:';~:. -. """~~~:0~~~
operation and completely disregarding the instructions of our attendants and f"i2l<',< ~,tlf:~~~@1~tY1.:
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supervisors. A letter to the Dublin Chief of Police asking for assistance remains ~:t~~Z:1~t;~}!.~it;;~,-~~~::
d l~;?i~!:t~;~?~..t!;~~'?2!~.'iIS!:'!
unanswere . -"".r~'~~'~-"\:i'-""'~"-'-'
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I ~on't feel your l~structlons to m~t~l1 pe~anent fencm~ topped WI~h barbed 'fJ.~~3,!;H;~*il~~~6f:t~:~cH~t
WIre, and the postmg of seven addItIOnal sIgns that add !tttle to the slgnage ;~~;{'~Aif?~~:!tfY:t~~T-~~;:::~.:':
currently in place, will better the situation that exists in Dublin. The fencing .f;;~~~~~~:~;\l\f~~~~7,:~:q.;:,:i.{
would surely block the flow of traffic in the parking lot and places a considerable $.~~'i~~~~t.*~~;
fi . I b d G d '11 I d' d dd h f h . .i>, -":::>;""'~'~'-""'''' .%.- .
mancta ur en on 00 WI n ustnes, yet oes not a ress t e source 0 t e '&r;[;Z;~~;:e~,;;{~}Nf't\~'E
bl b h . D bl' .. '11 II . G d '11 d . ...,......,,<.-"::>,,~...~...~'::."". ',. -- ..c_
pro em we ot agree eXists: u m CItIzens 1 ega y usmg a 00 WI onat1on~i:%?':l~~:S;-~~'1~b~~~;$.~}'~:.:~;.
trailer as a dumpi?g ground. I belie.ve issui~g citations to these individuals may ~h~k~&~~li~~-sJ.~n'
be the only effectIve way to curb thIS behaVIOr. r5~*:~'1~\";!i;t~~~tl:,j;
ATTACHMENT 3 IttI!III
, . OF !HE CREATEII:EASf BAY, INe.
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February 8, 1999
Buzz Kalkowski
Code Enforcement
City of Dublin
P.O. Box 2340
Dublin, CA 94568
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Our donation sites are crucial to the continuation and expansion of our programs and we
will continue to do all that we can to maintain them. However, I feel that a minority of
people are making it increasingly difficult for us and are creating a public nuisance with
no regard for those who value and use the donation stations for their intended purpose. I
realize that dump fees are ever increasing and that is probably a major reason for this
problem. However. Goodwill is not exempt from dump fees and every dollar we spend
disposing of unusable items (over $500.000 last year) is one less dollar invested in our
community based programs.
I am committed to exploring any reasonable action which attacks this problem. I look
forward to a fruitful future of working with you in this endeavor.
.
Charles E Powers
Assistant, Field Operations and Support
cc: Dublin City Council
Dublin Chief of Police
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CITY OF DUBLIN
PO. Box 2340, Dublin, California 94568
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City Offices, 100 Civic Plaza, Dublin, California 94568
February 10, 1999
Charlie Powers
Field Operations & Support Supervisor
Goodwill Stores
1301 30th Avenue
Oakland, CA 94601
Reference: Dublin Donation Center, Shamrock Village Center, and Your Letter
Dated February 3, 1999.
Dear Mr. Powers:
I am in receipt of your letter to the City dated February 8, 1999.
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The instruction for the fence enclosure follows one the thirteen conditions granting the
Use Permit. An annual review ofthe condition compliance is required.
The conditions state that the donation center shall be staffed from lOAM to 5:30 PM.
The hours maintained are 9:30 to 5. It is important that the hours in the Conditions be
maintained, as the donating, dumping and scavenging often occurs after 5 PM and before
8 PM.
The conditions restrict the Use Permit to one trailer. My instructions are to keep the use
restricted to one trailer.
The signs warning donators, dumpers and scavengers are on the rear trailer doors. The
trailer doors are backed door-to-door, and without any light to read the signs during the
dark hours. The signs are not posted along the sides of the trailer where people unload.
Between the time your letter was in the City Manager's Office and the time I was first
aware of it, you and I talked about bringing in a large warning sign (beyond the
maximum 8 sq. ft. allowed by the conditions). We did agree to try this sign on a trial
basis.
You and I talked about the possibility of relocating the trailer to the area behind the
Amador Valley Boulevard Goodwill Store, just around the corner from the current
collection area. It is better lighted and more visible to the passing public. The
Community Development Director has no problem with this location. The property
manager has no problem with this location. This suggested site change is being
demanded by citizen complaints.
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The police will want to help as much as they can. However, you and I both know that
watching the Goodwill Donation Trailers is but a part of the many areas requiring police
patrol, surveillance and time.
Administration (925) 833-5650 . City Council (925) 833.6605 . Finance (925) 833-664(
Code Enforcement (925) 833-6620 . Engineering (925) 833-6630 . Parks & Com ATTACHMENT 4
Economic Development (925) 833-6650 . Police (925) 833.6670 . Publi.
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One complainant suggested that goodwill might as well spend the $400,000 (first quote) .
or $500,000 (second quote) landfill fees, on staffing the problem donation centers around
the clock. At the $500,000 land fill fee payment and the $5.75 paid per hour, plus the
payroll taxes, the additional staffing to prevent unwanted landfill fee payments would
come to approximately 72,000 man hours. That offers 24-hour staffing for 12 of the 60
collection sites. It might be most helpful to staff the donation trailer to 8 PM, the time
frame most donators, dumpers and scavengers visit the Dublin Goodwill Trailer. I
The City of Dublin is sympathetic toward Goodwill's after-hour "dumping" and
scavenging problems. At the same time, the City is receiving vigorous complaints from
citizens living in nearby residential areas. The Conditions requiring the fence and the
maintaining the trailer to the minimum 5:30 PM, must be met to maintain the Conditional
Use Permit.
In addition, it will probably be in the interest of most, to move the trailer nearer the
Goodwill Store.
Again, the City and Code Enforcement is interested in both Goodwill maintaining a
Dublin Donation Center and the standards that make Dublin an acceptable and attractive
to live, work and shop. The solution to the problems, associated with the Donation
Center, rest more with meeting the Use Permit Conditions and developing improving
alternatives, than with justification of the status quo.
Please communicate alternative ideas and improving changes. You and I both ,have ideas
and work to accomplish to resolve the problems.
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Sincerely,
p~~
Buzz Kalkowski
Code Enforcement Officer
Copies:
Community Development Director, with copIes for the City Manager, City
Council.
file
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I Three and one-half additional hours of attendants could be provided at 57 of the 60 donation stations.
GoodwillRespond 2-10
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