HomeMy WebLinkAbout4.01 Draft Minutes 07-20-1999
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. REGULAR MEETING - Julv 20. 1999
A regular meeting of the Dublin City Council was held on Tuesday, July 20, 1999, in the
Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:07 p.m. by Mayor Houston.
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RO LL CALL
, PRESENT:
ABSENT:
Councilmembers Howard, Lockhart, McCormick, Zika and I\1ayor Houston.
None.
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PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the
flag.
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. CLOSED SESSION
7:08 p.m. 10.1 (640-30)
The Council recessed to a closed session to consult with Legal Counsel- anticipated
litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section
54956.9 - one potential case.
REPORT ON CLOSED SESSION ACTION
Mayor Houston announced that no action was taken. The Council meeting reconvened at
7:22 p.m., with-all Councilmembers present.
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ITEM ADDED TO CITY COUNCIL AGENDA
- 27
I: _p.m.
6.5A (360-20)
Cm. Zika stated a public hearing has been noticed for tonight's meeting for the proposed
Dublin Ranch Street Lighting Maintenance Assessment District. However, the public
hearing was not placed on tonight's agenda. After the agenda was posted, Staff learned
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that the hearing must be held tonight in order to meet the County's requirements to get .
the assessments on the assessment roll for this fiscal year.
Pursuant to Government Code Section 54956.9, subdivision (b)(l), Cm. Zika moved that
the Council find there is a need to hold a public hearing on the proposed Dublin Ranch
Street Lighting Maintenance Assessment District at tonight's meeting; that the need to
take this action came to the attention of the City after the agenda was posted; and that
Agenda Item 6.5 be added to the agenda to conduct a public hearing to hear any protests
to the proposed Dublin Ranch Street Lighting Maintenance Assessment District.
On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the
Council added the item to the agenda as Item 6.5.
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INTRODUCTION- OF NEW EMPLOYEES
7:24 p.m. 3.1 (700-10)
City Manager Ambrose introduced Jason Behrman, the City's new Management Assistant.
Jason stated he is happy to be with the City of Dublin. There is a great staff here that .
works very hard to make this a better place to live.
Mr. Ambrose advised that new Dublin Police Services Deputy Derek Hesslein was unable
to be at the meeting tonight for introduction.
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CERTIFICATE OF APPRECIATION
7:25 p.m. 3.2 - (610-50)
A Certificate of Appreciation was presented to Anu Gill, in recognition of her services as
Student Representative on the Parks & Community Services Commission this past year. A
Quill Pen was also given to Ms. Gill.
Anu thanked the City for giving her an equal opportunity to be a voting member of the
Commission. Next year she will be attending U. C. Davis and probably going into pre-
med. She stated she learned a lot.
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Mayor Houston indicated there was a special item not on the agenda but very impmtant
for Dublin and for which he would like special recognition given. The City established a
goal and pledged $150,000 in matching funds for technology to help the Dublin Unified
School District. People in the business community have stepped forward and this will
have a big impact on our schools. Through the efforts of three men, Jim Tong, Marty
Inderbitzen and Ted Fairfield, we have a contribution of 100 brand new computers to go
to the School District. They were delivered yesterday. We see this as the first of many
successes that we can share. He thanked them personally for all the things they have
done in the past and stated this is a great start to a wonderful program.
Dr. John Sugiyami, School Superintendent stated School Board members were also
present. He introduced Kevin Hart, Tanya Clark and Michael Bischoff. He thanked
Mayor Houston for conceiving of this project. This speaks again to the strong
partnership that they have with the City. In many communities, this is not always the
case. He sees time and again the City's support for our schools. He thanked Ted Fairfield,
Jim Tong, Marty Inderbitzen and the Lin Family for their contribution. These computers
will make a big difference.
Kevin Hart stated he brought his 5 children tonight to illustrate how important
computers will be for all the children in the District. He thanked Dublin Ranch, the
School Board and the City Council.
Tanya Clark, President Pro Tern of the School Board expressed her appreciation to the
City. It is just great. She stated she feels like a child on Christmas morning. They will be
a tremendous help to our students. She stated she is grateful for all the City has done.
She has never seen a City so willing to participate in the schools the way Dublin does.
She thanked the 3 gentlemen responsible for the goodies.
Rhonda Goldstone, Executive Director of DPIE and parent of a high school student stated
it's very important that her daughter has the skills to take her out in the world. She
thanked them for being a part of DPIE and the City for their vision.
Mayor Houston stated over the 4th of July there were a lot of elementary school parents
working to raise funds and we are starting to get community support. He thanked the
Lin Family who has done many wonderful things in our community. He asked that the
City Council authorize him to write a letter thanking them for this gift.
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REGULAR MEETING
July 20, 19S9
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CONSENT CALENDAR
7:36 p.m. Items 4.1 through 4.15
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On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes of Regular Meeting of July 6, 1999;
Accepted (4.2 150-70) gifts for the Senior Center ($496.25) and Heritage Center
(Edison Phonograph and one pair of toddler's red button top shoes) and directed Staff to
prepare formal acknowledgments to donors;
Authorized (4.3 600-40) the Mayor to execute an Agreement with the Alameda County
Library for 1999-2000 Contract Services (21 hours);
Adopted (4.4 930-30)
RESOLUTION NO. 133 - 99
AUTHORIZATION FOR GRANT APPLICATION FOR THE
1999 TRANSPORTATION FUND FOR CLEAN AIR PROGRAM FOR
THE CONSTRUCTION OF THE ALAMO CANAL BICYCLE TRAIL PROJECT .
Awarded (4.5 350-20) purchase order to Synchronex, Inc., ($7,036) for replacement
Traffic Signal Cabinet which was damaged by an automobile accident at the Dublin
Boulevard/Dublin Court Intersection;
Awarded (4.7 350-20) purchase order for replacement LED Traffic Signal Modules to
Synchronex, Inc. ($13,195);
Adopted (4.8 350-40)
RESOLUTION NO. 134 - 99
DECLARING SURPLUS PROPERTY
and authorized Staff to proceed with transfer of property to Nationwide Companies
(Commercial Auction Systems) pursuant to their current agreement with the City;
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Approved (4.9 600-SO) Architectural Services Agreement with Arch Pac, Inc., ($13,000)
for the Dublin Swim Center Renovation, Phase II, and authorized the Mayor to execute
the agreement;
Received (4.10 320-30) the City Treasurer's Investment Report for the 4th Quarter of FY
1998-99 indicating that the City's investment portfolio totals $34,390,208 (market
value), with funds during the 4th quarter invested at an average yield of 5.332%;
Adopted (4.11 600-30)
RESOLUTION NO. 135 - 99
APPROVING AMENDMENT TO AGREEMENT
WITH T JKM TRANSPORTATION CONSULTANTS
Adopted (4.12 600-30)
RESOLUTION NO. 136 - 99
APPROVING AGREEMENT WITH
ASSOCIATED RIGHT OF WAY SERVICES, INC.,
FOR UPDATE OF VALUATION ANALYSIS REPORT SERVICES
Approved (4.15 300-40) the Warrant Register in the amount of $1,332,999.00.
Vice A1ayor Lockhm1 pulled Iteln 4.6 related to Heritage Center hnprovelnents and stated
she thinks it looks beautiful over there. With regard to the wedding court, she asked if
there are any plans to celnent the court.
A1r. Thompson stated phase II work which is not cOlnplete yet did the wedding COUlt and
all the landscaping and it will relnain the way it is.
Vice Mayor Lockhalt stated she can't quite picture brides going out and standing in the
dil1 to get their pictures taken. It's not clean and it's not SIn oath.
Mr. 'fllOlnpsol1 stated it's called quany dust. This area is about 20' x 20~ 111ere is a tree
in the IniddJe and inigatiol1 mvund the SIdes. Staff could take a look as another plvject,
to put in sod
Vice A1ayor Lockhart requested that we take a look at this as she felt it would be Inuch
InOI"e practical
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A cOlnInent was Inade that sod Inight not be the best solution either because brides could.
get their high heels stuck .
.A1r. AInbrose advised that our Helitage Centel~ Director wiII get SOlne feedback 011 this
also.
On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the
Council accepted (4.6 600-30) improvements under Contract 98-11A, Heritage Center
Improvements, Phase I, and authorized $9,034.91 payment to Grade Tech, Inc., and
release of $4,788.28 retention after 35 days if there are no subcontractor or supplier
claims.
CIn. A1cCormick pulled fteln 4.13 froln the Consent Calendar and with regard to the
contest for the logo, asked if it will COlne before the Council Sa1Ce it is a City sanctioned
event, she felt this Inight be wise.
A11: A1cCrealY stated they have not yet Inac!e the choice.
Clll. A1cConnick stated she didn't particularly like the one last yem: The leprechaun
looked sOlnewhat scalY and several people felt this way;
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Mayor Houston expressed concern about the nining to get use of the logo. He suggested
Inaybe they could contact Cln. McConnick aJ1d have her take a look at it
The Council stated this was agreeable.
Cln. McConnick asked if she could also have sOInebodyelse COlne along; perhaps
SOlneone frOln Dubl1i1 Fine Arts.
Vice Mayor Lockhart stated the repQrt says up to 150 artists and cOInlnercial vendors wiII
participate. She asked if we are close now to signing up that InaJ1Y;
Dan Mays with GoodTilnes PrOlnotions stated they cun"'ently have 35 comInercial
vendors and 33 confinned a11s and crafts vendors. TIley are out thel"'e evelyday working
on this.
Vice Mayor Lockha11 asked about the layout for the classic hotrods.
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Ml: Mays advised that they will be at the south end and north end of Alnador Plaza Road
Last yea~ a Jot of traffic was up in the right corner and they want to get sOlnething at
each elzd to get people to go through.
CllZ. Howard asked if they WIll have 1110re covered areas. People last year were loobizg
for shade.
Ml: Mays stated each pasta patio will have tables with lnarket ulnbrellas. The lnain stage
area will have 40' x ]00' tents. We will hope it's not] ]0 degrees this yeal:
Vice Mayor Lockhalt asked if Valley Auto Center will be adveltising on their sign.
Mr. Mays statedyes, they wJ11 be working with theln.
On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote,
the Council received (4.13 950-40) an update report on the 1999 Dublin Pasta Festival.
Vice Mayor Lockhart pulled /teln 4. ]4 frOln the Consent Calendar and asked how long
this project wJ11 take.
M: ThOlnpson stated probably about 4 lnonths. We've put in the contract that they can
close the street up until school opens. The rest of the work t1zey'll be able to do with
traffic on the street
Cln. Zika asked if open up lneans at least 2 lanes.
Ml: ThOlnpson respollded yes.
On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous
vote, the Council adopted ~4.14 600-30)
RESOLUTION NO. 137 - 99
AWARDING CONTRACT 99R06
DUBLIN BOULEVARD IMPROVEMENTS IN THE VICINITY OF
HANSEN DRIVE TO BAY CITIES PAVING & GRADING, INC. ($466,618.35)
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CITY COUNCIL Mll\-ruTES
VOLUME 18
REGVL~ MEETING
Juiy 20, i see
PAGE 408
REQUEST FOR BMX PARK
7:47p.m. 8.1 (950-40) Item taken out of agenda order
Parks & Community Services Director Diane Lowart presented the Staff Report and
summarized that the Parks & Community Services Commission recommends pursuing
the development of a BMX park and recommends the formation of a sub-committee to
work with Staff and interested BMX riders to evaluate potential sites and to determine
how such a park would be developed and funded. The sub-committee would also need
to generate neighborhood support if the potential site is in proximity to residences.
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Vice Mayor Lockhart asked about the risk element being viewed relatively low, and how
this compares with a skate park.
Ms. Lowart stated it is in the same arena. We were approached years ago for a skate park
and over the years it has become more accepted and legislation has been adopted that
covers the City a little more. We checked with ABAG, and they came back and said they
could cover us. We would look at legislation that deals with BMX parks.
Cm. McCormick commented that the report says the one in Livermore (LARPD) serves
the City of Livermore and greater area. Others can use that park. They average about 30
a day and 60 on weekends. She feels this is a small number for such a large area. .
Ms. Lowart stated we have been asked to consider a half acre and 10 to 20 kids might be
a big day. They were previously using the area behind the Civic Center. The cost is
relatively small for the type of park they want.
Fred Yarra,]r., 7871 Barn Hollow Court, stated he was here to unofficially represent the
kids and parents in support of a BMX park. This could be a great benefit to the City. The
sport is growing. There are a lot of kids in this town that ride BMXs and they will find a
place to ride whether it's an official place or not. A lot of times this is not a good thing to
do. They're looking for a venue to ride and practice just for the fun of it. He stated he
would be glad to help in any way he can. His kids are involved in racing, but they also
like 10 ride for fun.
Mayor Houston asked about the one in Sunol.
Mr. Yarra stated Livermore is unique and run by the parks department so it's open most
of the time. Others are private and only open to the American Bicycle Association (ABA),
and you usually have to be a member and it's for racing only. Livermore is open to the
pu blic and races are on Saturdays. He heard they were trying to get a sanctioned track in
San Ramon. What kids need is a nice safe place designated just for this purpose.
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Janet Fasulkey, 7776 Topaz Circle, stated as a resident of Dublin for 12 years and living
by the proposed site, she thinks it would be a wonderful idea to put something very
simple there that lets the kids challenge themselves and burn off energy. It would be a
much safer environment for them and build camaraderie with other kids in Dublin. Just
knowing where they're at is the best option. She is in support of this. She knows a lot of
parents who would support this. Build it and they will come.
Derek Yarra, 12 years old, stated he races BMX in the ABA and it's fun and there are not
very many places to train and practice. It would be nice if there was one here so it
wouldn't take his parents so much time to take them there. A lot of his friends want to
get into racing and they could see what a track would be like.
Mayor Houston stated he thought establishing a sub-committee would be a good thing.
He agreed that there should be a safe place for the kids and felt the corner of Stagecoach
and Amador Valley Boulevard is at two main parkways and a challenge will be with
traffic. He stated he was not sure this would be the best site, but was willing to have a
committee look at this and other potential sites.
Vice Mayor Lockhart stated she had concerns about location also. This doesn't seem too
expensive to do and she did not feel it is a money issue. That hill happens to be the only
passive open space we have in our community. Right now there is a lot of wildlife up
there. If you put this at the base, it will interfere with walkers and runners and people
that go up there to enjoy the wildlife. She would hate to see this be lost. She stated she
would like to see maybe another location considered. There are possibilities. The school
takes classes over there and studies grasses and they do creek work, etc. She commented
on another location; where we are doing the Iron Horse Trail where it comes out at
Amador Valley Boulevard and it will run all the way to the edge of the City Limits. This
could potentially be a good location along the trail. She does support the sub-committee
idea.
Cm. !\1cCormick stated she supports the idea of a sub-committee and also would want
this location taken off the table.
Cm. Zika asked if the committee could look at all locations.
Cm. McCormick and Vice Mayor Lockhart stated they would not support this location.
Mayor Houston stated he felt they should look at all sites.
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On motion of Cm. Zi.ka, seconded by C~. Howard, an~ by majority .vote, the Counci~ .
approved the formatIon of a sub-commIttee to work WIth Staff and mterested BMX rIders
to evaluate potential sites for a BMX park and to determine how such a park would be
developed and funded.
Cm. McCormick voted in opposition to the motion.
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PUBLIC HEARING
APPEAL OF PLANNING COMMISSION DENIAL OF
MUNCHKIN -CARE DAY CARE CENTER CONDITIONAL USE PERMIT
FOR A CHILD DAY CARE CENTER FOR 30 CHILDREN
8:10 p.m. 6.1 (410-30)
Mayor Houston opened the public hearing.
Senior Planner Dennis Carrington presented the Staff Report and explained that
Munchkin- Care Day Care Center is appealing a decision of the Planning Commission
denying a CUP for a Day Care Center for 30 children located at I 1586 Alegre Drive. The.
center would operate from 7:00 a.m. until 6:00 p.m., Monday through Friday. The
Applicants would have to move out of the residence if their request for 30 children is
granted due to space requirements of the State Department of Social Services. Sue
Krishna and two employees would operate the facility.
Mr. Carrington stated the Applicants, in their appeal letter and the letter outlining the
appeal from their attorney, Marjory Gibson, did not provide reasons and grounds for
why the Day Care Center for 30 children should be approved on appeal. Those letters
did provide reasons and grounds for why a Center for 20 children could be approved
instead.
Mr. Carrington explained that the task of the City Council is to decide if the decision of
the Planning Commission to deny the proposed Day Care Center for 30 children should
be sustained or not. Three options are: I) the City Council could decide that the
Planning Commission action be sustained and that the Center should not be expanded
beyond the existing 12 children; 2) the City Council could overturn the Planning
Commission decision and approve a Center for 30 children; or 3) the City Council could
decide that the Planning Commission decision should be reversed, subject to a limit of 20
children.
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REGVLAR MEETING
Ju[y 20, 1999
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The Planning Commission's main areas of concern related to parking, noise, traffic
impacts at the end of a cul-de-sac, adequate staff to allow for sufficient coverage while a
staff member escorts children to Nielsen School, and commercial use in a residential area.
Mr. Carrington stated the Applicants, in their appeal letter, through their representative
and in conversation with Staff, have proposed that the project be modified to a Day Care
Center as follows:
1) The maximum number of children would be 20.
2) Delete an activity area that was previously converted from a garage parking space to
restore the parking space in the garage. This would result in 3 garaged parking
spaces and provide 1 space per staff member (if the total staff number does not exceed
3).
3) To add outside playtime from 9:00 a.m. to 10:00 a.m. in addition to the outside
playtime hours originally proposed from 3:00 p.m. to 5:00 p.m.
4) The Applicants propose to live in the day care center as modified.
5) An amended Parking and Traffic Mitigation Plan is proposed that would require
conversion of a current playroom area occupying a former garage area back to a
garage, use the main entry to the house rather than a side gate for the center entrance,
and a requirement that parents of school-age children park in spots other than the
driveway and front drop-off space and walk their children to the center.
6) An amended parking and Drive Safety Agreement.
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Mr. Carrington discussed licensing and the letter from the Board of Directors of the
Silvergate Highlands Association. The City is not a party to the governing documents of
homeowners' associations. The prohibition of certain land uses by such documents is a
Civil matter between the residents of the association.
In summary, Mr. Carrington stated Staff recommended that the City Council conduct a
public hearing, deliberate, and either:
Option 1. Direct Staff to prepare a Resolution sustaining Planning Commission
decision to deny the CUP for Day Care Center for 30 children.
Option 2. Direct Staff to prepare a Resolution reversing Planning Commission decision
and granting a CUP for a Day Care Center for 30 children and to prepare a
Resolution adopting a negative Declaration for the project.
Option 3. Direct Staff to prepare a Resolution reversing Planning Commission decision
and granting a CUP for a Day Care Center for 20 children with appropriate
conditions and to prepare a Resolution adopting a Negative Declaration for
the project.
Cm. Zika asked if the Planning Commission considered the 20 children alternative.
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Mr. Carrington stated he did talk about a 20 child option in the Staff Report, but they .
elected to deny the 30 children. They only talked about the 30 child option.
Mayor Houston commented that he had received 30 speaker slips, and there will be
comments at extreme ends of the spectrum. He requested that people keep their
comments brief. If someone states facts and the next speaker agrees, it is okay to just
indicate agreement with previous comments.
Marjory Gibson, Attorney representing the Krishnas, stated her clients request that the
City Council overturn the decision of the Planning Commission and allow 20 children.
She stated she was a member of the Oakland City Council for 13 years. It is difficult for
childcare facilities to be located in a commercial setting and this is usually cost
prohibitive. Yet, for a community to be attractive for young families, it must have
affordable childcare. Almost no neighborhood is willing to allow this in their areas. The
Munchkin staff can walk children to Nielsen instead of creating more traffic moving and
more air pollution. They have willingly adopted the Staff's recommendation of a 20 child
option. This option was really not considered by the Planning Commission. They are
really talking about 8 more children, of which 4 would be attending Nielsen School. Her
clients have revised the parking restrictions as proposed by Staff. With regard to noise
concerns, Staff reviewed and found enough distance to lessen the impacts. Traffic noise
would be at most 4 additional cars and would have a minimal impact. She stated her
clients wish to speak. What they request is approval of the 3rd option.
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Sue Krishna who manages Munchkins stated we seem to be forgetting the needs of our
children. They provide a home away from home. They receive love and are given every
opportunity to play, learn and grow in a safe nurturing environment. Any child who
needs childcare should get the best quality care. She quoted Ms. Clinton in that it takes a
village to raise a child. We all must playa part and be involved.
Mayor Houston requested that she fast forward and make comments pertinent to
tonight's decision.
Ms. Krishna stated she will make sure none of her neighbors are compromised. If given
this opportunity, she will give the City a childcare they can be proud of.
Cm. Zika asked if she is licensed for 14 children.
Ms. Krishna responded she is licensed for 12. If you are licensed for 12 you can actually
have 14, if 2 of them are school age. Her own children are considered part of the
daycare.
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. Cm. Zika clarified that if she is licensed for 20, it is only for 20, not 22.
Jay Krishna stated he wished to respond to each of the parties in opposition. The
Planning Commission denial was based on concerns that were unfounded in reality. The
issue of their 6 spaces was reviewed by the City's Planning Department and they were
not sure they couldn't park in tandem. Periodic congestion is valid only if everyone
converges at the same time. This is not reality and the fact has been supported by the
record. With regard to adequate Staff, they will always adhere to state licensing
requirements. As far as commercial use in a residential area, they understand that
childcare and senior care are permitted by use of a CUP by the City. They respect their
neighbors for their constructive criticism, but clarified some misrepresented comments.
They will have all parents sign a traffic safety agreement. They will make sure all
parents use their driveway for parking so as to not block their neighbors' driveways. It
was incorrectly stated in the Planning Commission report that they do not live there.
They do and they intend to continue to live there. They hope the City Council will
approve their amended application.
Mayor Houston read comments from several speakers who did not wish to speak.
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Rene Garcia, 11625 Alegre Drive, (10ppose The Center to lnuch traffic in couri and to
lnany children. Do not want it. ~, {sic}
Angelica Perea, 11550 Alegre Drive, (1 mn strongly oppossed {sic} to the expansion!"
Martha Ketchem, 11624 Alegre Drive, "Please do not approve this expansion 301nore
cars up &- down this cul-de-sac could be a quite a safety hazard ~,
Maddi Misheloff, 11613 Alegre Drive, (1/we are opposed to the daycare expansion to 30
children. The traffic will be a probleln on an enclosed cul-de-sac. I/we are also not in
favor of a hOlne becoming comlnercial property if the owners expand to 30 and lnove
out to accomodate {sic} a business. "
John & Carol Goss, 11601 Alegre Drive, "Per our e-lnail we are opposed to this increase
due to traffic, parking, and the fact that this is a residential, quiet cul-de-sac with several
slnall children presently living here. ~,
Marilyn Irwin, 11624 Alegre Drive, (Please do not pennit expansion of the day care
center ~ Our street should be kept a residential area, not turned into a Business district. "
Tammy Santos, 6608 Pioneer Lane, "I mn in favor of Munchkin care expansion. "
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REGUL.\R MEETING
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Medha Joshi, 8220-G North Lake Drive, (<Good day care for young children is in very
short supply in Dublin. A good &- responsive daycare like Munchkin's should be given an.
oppOltunity to expand &- help Inore kids. 7'
Beth Kilburn, 11333 Rolling Hills Drive, stated her son Benjamin has attended Munchkin
for 3 years and parking seems to be the issue. She is incensed that they are accused of
not knowing where and how to park. She is usually always able to park in the driveway.
She has never had a problem finding an appropriate place to park. If there is such a
problem, why did one person park their cars in the middle of the street for a photo
opportunity. This is distorted evidence. If parking and blocked driveways have been
such a problem in the past, why was no previous action taken before this application was
filed. Daycare is important in every community. The people on the street who don't
need daycare, don't understand its importance. She stated she hopes the City will allow
other children to participate and be a part of Munchkin. She requested that the Council
base their decision on the truth and legitimate facts.
Cindy Sebastiani, 8119 Cardiff Drive, stated she has 2 children who attend. The oldest
has been there almost 3 years now. Her second child who is 9 months old also attends.
She was concerned about finding quality daycare and initially narrowed her search
down to 6. The first one, she could not believe her eyes. A 9 month old baby had a fist
full of dog hair. She was appalled. She went to the Krishna's home and it was just the
opposite. It was such a clean environment and a loving home. They not only wash their .
hands after changing a diaper, but they wear gloves. She stated she is very cautious
driving there and always parks in the driveway. There is no parking problem. She is in
favor of expansion.
Rick Fukamaki, 11524 Steambed Place, stated if there is some legitimacy about traffic, the
City Council should concur that in the morning the entire block is filled with parent's
cars dropping off kids at Nielsen. This impact is much more than children going to
Munchkin. What's good for the neighborhood, but also what's good for the community
should be considered. He has a real appreciation for good quality care. It's important to
balance the needs. He has 2 children there and they've been there almost 3 years.
Having been through the search for daycare, not only here but also in Southern CA, it is
comforting to know they are taken care of in a way that he would do for his own
children.
Suhasini Iyer, 1 Elmwood Drive, San Ramon, stated she has 2 children who use
Munchkin. Her younger daughter has been there 4 years. She picks her up everyday
between 5:00 p.m. and 5:30 p.m. and has never had any problem with parking and has
low tolerance for speeding. She is sensitive to cars going by IOta 15 mph. She knows
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all the parents who have children there and has never seen any of them speed. She sees
no problem with parking and/or speeding at all. She stated she supports the expansion.
Madhurah Raui, 42 Longhorn Court, was called on to speak, but reportedly had to leave
the meeting.
Tony Zumich, 11599 Alegre Drive, stated he is one of 12 houses on the court. This is a
difficult topic to address. He has a 1 year old daughter that he would have no problem
going there. The problem is unique with the volume of cars because of the school. He
reiterated the fact that two years ago he supported the increase from 6 to 12.
Unfortunately, this street cannot support an additional increase. None of the neighbors
supports this because of the number of cars.
Gemma Lathi, 11518 Soleado, stated she supports the expansion. She felt if we can find
solutions to problems, we should concentrate all our efforts there instead of the other
issues. If there is a solution to their concerns, this is where we should concentrate all our
efforts. She wants the residents of Dublin to be well provided for.
.
Curtis Susuki, 7641 Arbor Creek Circle, stated he has 2 school age children who go to
Nielsen and also Munchkin. They are not adding to the traffic there because if they
weren't walked to school, they would be driven by he or his wife. As far as speeding or
parking, he has never witnessed a parent going more than 10 or 15 mph and has never
seen any driveways blocked or any other excessive parking in that area. He usually sees
one or two other parents at peak times when he drops off the kids. The parents who go
through there are usually pretty staggered. -
Ronald Oto, 11612 Alegre Drive, stated he was opposed because the expansion will
increase the traffic. He wanted to be in a cul-de-sac because it is residential. There is
plenty of commercial property where they could operate. The City Council is here to
look out for his kids. He doesn't let his kids ride their bikes in the street until after he
gets home. If this is approved, maybe other businesses will be run in the neighborhood.
Mary Miller, 11600 Alegre Drive, stated she lives 2 houses down. When they brought
forth the proposal for 12 children, she did not even notice, but now it is clear they are
running a childcare down there. Their street is about 300' long and at the end is Nielsen
School. When they moved there, they realized there would be traffic on their street.
They just dealt with it. She has a little parking pad where she used to park, and several
times people from the daycare blocked her way and she had to park on the street. She is
opposed to expanding. San Ramon recently went through a similar situation on a cul-de-
sac. They required the parents to drop off the kids on the street rather than drive on the
cul-de-sac.
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Pt,GE 416
Susan Sanos, 7506 Amarillo Road, stated she lives on the corner and across the street
from Nielsen. She is opposed to the expansion. She is a first hand witness to what
additional traffic can cause. There is no parking available on Amarillo Road during
school times.
.
Flordeliza Misra, 11598 Alegre Drive, stated since May of 1996 they have expressed
concern as next door neighbors. On quite a few occasions they have had trouble getting
in and out of their own driveway. Her customers use the parking spaces in front of her
house. Parking regulations are unenforceable and you cannot expect them to monitor
the parents. How can staff say there will be no increase or impact going from 14 to 20
children. She quoted traffic statistics. Alegre Drive is a cul-de-sac and all traffic must go
in and out the same way. It would be more appropriate for Staff to observe when school
is in session instead of on June 17th when Mr. Carrington said he observed. They would
like the City to decide against their increase. They regretfully oppose the expansion.
Edward Perea, 11550 Alegre Drive, stated he lives just west of Munchkin. He passed out
pictures to the Council and showed an overhead of the cul-de-sac. He has lived there
about 2 years and was there when they expanded from 6 to 12. Three staff are presently
working at the daycare center. Two spots are on the driveway and often cars are parked
in tandem. They have witnessed people who pick up their kids speeding down the street.
The people from Nielsen School use their street as a turn around. He doesn't want to take .
a chance that this could affect property values. This could be a negative disclosure tool.
There are numerous inconsistencies in the staff reports and environmental studies. Mr.
Carrington first said 3 to 4 minutes per car and then he said 6 to 7 minutes during
testimony. Which is correct? The only way 6 cars can park in their driveway is in
tandem, which is against the law. Juggling the numbers of 12 to 14; not sure which is
which. The attorney representing the Krishnas said there will be an increased number of
drop off spaces due to siblings. This will require more staffing to take care of babies,
depending upon the number of infants at the center. This will mean more required
parking for staff. If you allow 20, you will need to consider that this could be 20
different parents. With regard to the parking and driving safety agreement, he asked
who will enforce this 10 mph speed limit and who will monitor it? Who will watch the
kids? With an increase to 20, their concerns will continue. The pictures show there are
more than 2 or 3 cars at one time. They did not object to the expansion the first time, but
this is a business. They intended to move out if they got 30. There are problems with
traffic congestion and he looks forward to coming home after commuting on the Sunol
Grade. He stated he knows the City Council will make the right decision and vote against
this expansion.
CITY COUNCIL MINUTES
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July 20, 1999
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Sally Leonard, Childcare Links, 1576 Catalina Court, Livermore, stated there is a dire
need for spaces in Dublin. Their experience shows. that traffic flow is staggered and it
does not come all at once. A staff of 3 will provide adequate staffing for 20 children.
Mayor Houston asked about the approval for 12 but they can actually have 14.
Ms. Leonard explained that a small family childcare home is for 6 and a large is for 12
and the law was changed about 2 years ago to allow a small home to have up to 8 if 2
are 6 years or older. A large home may go from 12 to 14 likewise if two of the children
are 6 years or older.
Danny Kilburn, 4459 Downing Court, Pleasanton, stated he agreed with everything his
wife had said in support of the daycare center. There is much suspect information going
on here. He stated he has never once in 3 years seen a driveway blocked or never once
seen a speeding parent.
Mayor Houston read several letters and messages which had been received:
.
Joan Nolan, 11644 Manzanita Lane. ((This letter is in regards to the Munchkin Daycare
Center. I have k110W11 Sue for several years and; believe that she provides a healthy and
safe environment for infants and children. The expansion of her facility would be an
asset to the fmnilies of Dublin. Therefore7 I urge you to stlVngly consider the appeal fOl"
expansion of the Munchkin Daycare Center. SincerelY7Joan Nolan7'
A telephone message from Louis Hale, 7530 Amarillo Road was read. "He lives 011
A1narillo Road and has 3 parking spaces in front of his house. They7."e always taken & he
would not want to see Munchkins Daycare approved for 30 kids. This would lnake
parking even worse. He can't attend the lneeting tonighf7 but wanted to sublnit his
cOlnlnents.7'
Kenna Wells Kavalaris, 6834 Mansfield Avenue. ''/ aIn writing this letter in support of a
request to increase the nUlnber of children allowed for Munchkin Cal"e at 11586 Alegre
Drive owned by Sushma Krishna. I have had occasion to visit Mrs. Klishna's day CaI"e
Inany times over the last year and a half. 1 aln of the opinion that if 1 wel"e in need of day
care, / would consider lnyself lucky if she could Plvvide it. She really loves what she
does and cares about providing a safe and loving place for children when theirpal"ents
cannot care for theln. For the past 16 years / have lived on a street whel"e there aI"e 3
hOlnes that provide day care services7 all within 7 houses of lny own, and totalling (sic)
somewhere aJ"ound 25 children at any given time. 1 have not found theln to be
disruptive in any way; / have never been bothered by noise or lnessy front YaIUs. And;
since the parents do not all anive at the SaIne tilne and only park their cars long enough
.
CITY COUNClL MINUTES
VOLUME 18
REGULAR MEETING
~u!y 20, 1999
PAGE 418
to pick their children up; traffic has never been a probleln. Please reconsider your
decision to deny Munchkin Care~ request to increase the nUlnber of children they lnay .
care for. laIn quite sure Mrs. Krishna~ day care would be all asset to the cOlvlnullity.
SIilcereif7 K W Ka valaJis;;
Mr. & Mrs. Julian S. P. Misra, 11598 Alegre Drive. ((We are very lnuch concenled, being
the next door neighbors of this proposed expansion of the day care center owned by MI:
&- Mrs. Krishna. We see several problelns arising frOln the conditional pennit given by
the City to the OlV11ers of the business. lVhen we bought our house at 1]598 Alegre
Dlive in ]986; we expected the neighborhood to remain residential for not only our
chl1d but also the other neighbors; children. lVhen Mr. &- Mrs. Knshna opened their
business; Mrs. Krishna told us that she will only be caJing for two to three children and
then when they expanded their business in ]997; Mrs. Krishna told us that the nUlnber
of children she will be caring for was six at the lnost We found out frOln Mr. Dennis
Carrington that the nUlnber of children is twelve which has had a big Iinpact on traffic;
paJ1dn~ noise and safety for residents of the neighborhood in the cul-de-sac. We also
found out during the Planning COlnmission meeting which we attended that the day care
IS now caring for fourteen children which exceeds their present pennit that calls for a
Inaxi1vUln of twelve children. On quite a few occasions; we have had trouble getting in
and out of our own driveway as the cars COlVing to picl:up or drop off the chI1dren had
the entrance to our driveway blocked Mrs. Krishna:S caregivers also use the parking
spaces in front of our house. Speeding is also a problelv as parents are 171shing to drop .
off or pickup their chI1dren. Since the last expansion of this business; traffic; parking
close to our hOlne; and noise have definitely increased Alegre Dn've is a cul-de-sac and
not a through street which lnakes lvatters ~orse as people aJ"'e constantly lnaking U-turns
or backing out of the driveway of the day we center. In the pas!; we only had to deal
with the problelns of traffic and parking frOln activities of the Nielsen SchooL Now due
to the last expansion of the day care center in ]997; it has becOlne worse. The expansion
of this facility will also have a negative i1npact on the resale value of the hOlnes ill the
neighborhood Disclosul"'e of the presence of a daycare facility in the area is necessaJY in
all reaL estate transactions. We would also like to I"'elnind the city that the subdivision is
zoned residential not cOlnmerciaL We are not preventing Mr. &- Mrs. Krishna frOln
having a business but we would like to recolvlnend to the city to decide against their
conditional pel1nit of expansion. In the pas!; we did not protest or cOlnplain; si1nply
because we were trying to be good neighbors to theIn. This tilne though; we regretfully
object to the expansion of the day CaJ"'e center frOln what it is now to a InaxiInuln of
thirty chI1dren. We would like to reInind the city that the Planning COlnlnission voted 4-
o against this proposed expansion of the facility last Inonth. If you have any questions
regarding this Jetter or its contents; please ca1l us at 833-8472. Sincereif7 F10rdeliza A.
Misra and J s. P. Misra. ;;
CITY COUNCIL MINUTES
VOLUME 18
RE~ULAR MEETING
'.J:.rry 20, 1 SS3
PAGE 419
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Tina Corso stated her sister-in-law runs a daycare center and she has a circular driveway
and it is fast. This works well. The person standing there takes the kids.
Mayor Houston closed the public hearing.
Vice Mayor Lockhart stated she felt there certainly has been volumes of information
presented on this issue and everybody has a strong opinion one way or the other. She
looks for two things in daycare issues. It is our responsibility to provide daycare in our
community. Where the centers are located, are up to where people want to do them. It
is incumbent on all the people to understand that good daycares are a necessity for our
community. It is a natural to walk children back and forth being close to a school. As
far as living in a cul-de-sac, in a perfect world, they wouldn't have cars. The two most
important words are compromise and mitigation. She tries to look and see if these things
exist. They are willing to take their garage and turn it back to a garage which removes
the employee issue from the driveway. This is a mitigating factor. Out of the 8 slots left,
the fact that 4 will go to school age children, this mitigates traffic on the street. Vice
Mayor Lockhart stated she noted in all the pictures, there is an illegally parked trailer and
no one seems worried about this. She felt the parents understand the concerns of the
neighbors and applicants are trying to mitigate where possible. She stated she would
support option 3 to increase to 20 children.
. Cm. Zika congratulated Ms. Krishna and Staff for running an outstanding daycare center.
He drops off his grandchildren at daycare and there is always somebody upset about
something. With the number of cars from Nielsen, he felt Alegre has done more than its
share for the community and that it can't handle any more. He stated he is also
concerned if they grant an increase to 20, the fact that this was never fully discussed by
the Planning Commission. This potentially negates the purpose of the Planning
Commission. It's not clear to him that the 20 children alternative was fully discussed by
the Planning Commission.
Cm. Howard stated she is on Cm. Zika's side. She agreed that we need daycare, but the
ones she has approved have been on streets that were notcul-de-sacs. She cannot go
along with an increase in this area although she believes this is a very good daycare.
Cm. McCormick stated she supports the expansion. We need 240 more daycare spots in
our community. It bothers her to think that parking is more important than children.
All they have heard about is what impact cars will have on this street. No one seems to
be talking about the importance of children in our community. She stated she supports
the expansion.
.
CITY COUNCIL MINUTES
;fiOLUME 18
REGULAR MEETING
July 20, 1 ees
PAGE 420
Mayor Houston stated he felt the Staff Report talks about problems with up to 30 .
children. He stated he feels with the modification, the parking issue has been solved.
You can't make modifications to the house such as modifying it to make a play area from
the garage. They hear this type of issue every year and the ones he supports, they keep
the integrity of the house so that if and when the house sells, it is a residential house. He
felt the parking issue has been handled and stated he was disappointed that this wasn't
handled at the Planning Commission level. Either they couldn't or wouldn't make a
decision. Maybe it wasn't on the table as much as it should have been for consideration
of 20. He would want it put in that they can't modify the house and there can never be
signage on the property. There is a big need for childcare and we are looking at it in
residential as well as commercial areas. This is an asset for the City. He stated he
supports modifying it to 20.
Vice Mayor Lockhart made a motion, which was seconded by Cm. McCormick, to
support option 3 with the provision that there can be no signage and no modifications to
the house.
City Attorney Silver stated the motion should be a straw vote and the appropriate
resolution will be brought back and put on the Consent Calendar of the next City Council
meeting. She asked Mr. Carrington if there were any other conditions that needed to be
listed.
Mr. Carrington stated the conditions would include maximum number shall not exceed
20, the hours will be 7 a.m. to 6 p.m. and the drop off times will be listed. A potential
condition would be that they prepare an ag~ement that parents would sign with the
understanding that the City doesn't really enforce it. We are not a party to this.
Applicants and employees shall park in garage spaces or driveway and not on Alegre
Drive.
.
On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by majority vote,
the Council supported option 3 with the provisions that there shall be no signage and no
modification to the house.
Cm. Zika and Cm. Howard voted in opposition to the motion.
-<er
RECESS
At 9:40 p.m., Mayor Houston called for a short recess. The meeting reconvened at
9:50 p.m., with all Councilmembers present.
~
CITY COUNCIL MINUTES
VOLUME 18
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REOULAR MEETING
July 20, 1999
PAGE 421
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PUBLIC HEARING - PA 98-038
RECONSIDERATION OF RITE AID/KINDERCARE
CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW
This item was heard out of order following Item 6.1. Mayor Houston announced that
Item 7.2 would be heard next.
9:50 p.m. 6.3 (410-30)
Mayor Houston opened the public hearing.
Senior Planner Carol Cirelli presented the Staff Report and advised that the Rite Aid
applicant is requesting a reconsideration of the approved CUP and SDR to construct a
16,700 sq. ft. retail drug store with a drive-through pharmacy. The applicanfis
requesting to relocate the drive-through pharmacy from the eastern building elevation
(San Ramon Road side) to the western building elevation where it had originally been
proposed. The applicant is also requesting that the drive-through pharmacy operate
from 7:00 a.m. to 11:00 p.m., instead of on a 24-hour basis.
Ms. Cirelli discussed Staff's analysis of the project which concluded that the drive-
through pharmacy located along the western building elevation presented far less on -site
circulation impacts compared to the drive-through locations along the northern and
eastern building elevations. Staff recommended approval of the drive-through along the
western building elevation based on the following reasons: 1) the drive-through
accommodated adequate turning radii and sufficient space for vehicle stacking and the
entire project's parking and drive aisle configuration facilitated a safe and free flow of
on-site vehicular movement;.and 2) the drive-through along the western building
elevation presented minimal noise impacts due to: a) the fair amount of distance
between the drive-through and the nearest Kildara resident; b) the KinderCare building
acting as a noise buffer; and c) a condition of project approval requiring that the
speakers for the drive-through be at a noise level which reflects the minimum functional
volume and that speaker noises not be discernible peyond property lines.
Ms. Cirelli advised that new CUP and SDR resolutions have been prepared if the City
Council decides to approve the relocation request. The CUP resolution contains one new
condition of approval reflecting the revised hours of operation of the drive-through
pharmacy. Approval of Rite Aid's drive-through pharmacy relocation request would not
affect any of KinderCare's planning permit approvals.
Curt Smith, Developer for Rite Aid on this project, stated when the news about the Rite
Aid remote drive-through reached upper management, they indicated that these do not
CTIY COUNCIL MINUTES
VOLUME 18
RE<1ULAR MEETING
July 20,1999
PAGE 422
work. They need face-to-face communication with a pharmacist, just as you would with.
a doctor. What Rite Aid has agreed to do as mitigation is to offer a compromise and limit
hours. He introduced Jeff Halbert, who is in real estate with Rite Aid. The store would be
open 24 hours, but the drive through would be limited.
Jeff Halbert, Director of Real Estate and Store Development, stated unfortunately the
impacts of a remote wasn't properly conveyed to the City Council. He apologized for this
and for the fact that he wasn't able to attend the prior meeting. They have phased out
this option for their stores. It's important to have contact and this is a positive
convenience for their customers. This is a key feature that makes this site work. He
stated without this feature, it puts their project in jeopardy.
Robin Chinn, 11812 Kilcullen Court, Kildara, distributed handouts giving a recap of the
benefits and concerns. Their concerns were the visual, noise, safety and crime impacts to
Kildara. She stated she was glad to see that the Council came up with many mitigation
features. She also asked that the City recommend additional stipulation for trucks not to
rev their motors. Under safety, Rite Aid does not believe crime will increase in Kildara
due to their proximity. They are, however, no longer open 24 hours. They told her they
had had 2 robberies there which were not reported to the police. This information was
given to her by 2 different people and it was totally unsolicited. She was concerned that
their request to change their drive through doesn't have a hidden agenda. The other .
condition was getting $10,000 mitigation for traffic impact. The County told her the cost
for 2 speed bumps is approximately $7,000. If they put in 6 they would like to ask for
additional funds up to $21,000. Also, if they have significant cut-through traffic, she
requested that we look at a stipulation that Rite Aid will give them additional money for
wear and tear on their roads.
Mayor Houston stated he wanted to nip the alleged burglaries in the bud.
Mr. Halbert stated Rite Aid has very strict security in all their stores, even anyone lifting
something out of the store. If someone came in and burglarized them, these incidents
would certainly be reported to the police. He stated he believed Ms. Chinn got
misinformation. -
em. McCormick stated she also had heard this rumor. She asked why the store did
decide to limit its hours.
Mr. Halbert responded that the store is huge and this is why they are trying to build a
new store with security and systems in place. It is hard to police a store that's 40,000 sq.
ft. and staff it properly. In order to mitigate this, they decided to cut back the hours. The
CITY COUNCIL MINUTES
VOLUME 18
REduL.4.R MEETING
July 20, 1999
PAGE 423
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new store will be smaller and it will be open 24 hours. The cutback was done to
. .. .
mInImIZe cnme.
Ms. Chinn said the two people told her directly that they were working there when it
occurred. She did not ask them, they just volunteered this information.
Nina Wixson, 7403 Cronin Circle, advised when she was informed about the robberies,
she called Du blin Police Services and a Lt. Hardester confirmed there was no reporting of
the incidents. She stated very specific items were described as being stolen.
Mayor Houston stated either there was a police report and you have a problem or you
don't. It is disturbing that this is being brought in second and third hand with no proof.
Ms. Wixson stated this is only information that should be considered. Nothing has
changed since the last meeting where everyone agreed as to what was best for the
community as a whole. The Rite Aid folks describe the use as low usage. She understood
that most people would be picking up a refill. They were told if it is a new prescription,
they would prefer that people come into the store. She did not feel that anything has
changed and she was surprised that we are here again discussing this. The issue is very
pressing here in Dublin and she stated she was sorry that Mr. Halbert had a more
pressing issue elsewhere. Rite Aid was advised that this alternative was possible and now
are having second thoughts about this. The area on the west is very secluded and the
other side can be more easily policed. We need to consider the safety of Dublin residents
as a whole and the quality of life of Kildara residents and keep the location which was
previously approved. --
Mayor Houston closed the public hearing.
Mayor Houston stated the material thing that has changed is a reduction in the 24 hour
drive-through. The City Council needs tG decide if this is acceptable or not. His
concerns about the present Rite Aid site needs to be resolved before this can go forward.
He is not really worried about this. The !1eighbors were concerned about lots of things
late in the evening, so pulling this back to 11 p.m., does make a difference.
Vice Mayor Lockhart asked if security could be considered as a conditional use for the
store; having Rite Aid hire security in the evening hours.
Mayor Houston stated he felt maybe they would be making a mountain out of a molehill.
He does not believe any store in the City would allow burglaries to take place and not
report them to the police. This should not be blown out of proportion.
CITY COUNCIL MINUTES
=tVOLUME 18
REGULAR MEETING
July 20, 1999
PAGE 424
Yice Mayor Lockhart ~tat~ ~he felt maybe it was.theft and.got twisted. Se~urity is not .
Just for the merchandIse InsIde the drugstore. It IS 'also an Issue for the neIghbors. Could
we just say for the evening hours, that they have some sort of security available.
Ms. Silver stated the Council could pose this to the extent of concern with security as part
of the drive-through, but not with any other part of the project.
Vice Mayor Lockhart stated she was trying to make it work.
Mayor Houston stated he felt with regard to other people who may not belong in an area,
we had a situation at Iceland a few years ago. This area is now vacant and nothing is
there. Right now there may be people there who shouldn't be. When you light an area
and have proper security measures, it enhances safety rather than taking it away.
Vice Mayor Lockhart asked if there is a camera on the drive-through.
Mr. Halbert stated anytime there is possible exposure to danger, the pharmacist is
standing right there. This eliminates a transaction occurring away from someone who
can monitor it with their own eyes. A camera would record the transaction going on
between the pharmacy and the car.
Chief Thuman stated typically during the course of a shift, this beat is patrolled by 2 .
units. Historically, we find that the entire western side of Dublin, the crime rate is
extremely low. The part 1 crimes for that area from June of last year to June of this year,
were two. Part 1 crimes include things such as burglary, arson, sexual assault, etc. The
entire area is a very low crime rate and typically we have officers that are available for
routine patrol and the average officer has about 69% of their shift on proactive work and
time not spent on calls for service. Any business that is open 24 hours a day, they will
pay particular attention to.
Cm. Zika asked if on the schematic on page 1 of 31, if this is where they now propose it
to go with traffic flow.
Ms. Cirelli responded yes.
Cm. Zika stated they have not done anything to mitigate his concerns, so he will be
voting against it.
A speaker who did not identify herself said she couldn't help thinking about the Outback
situation where the policeman was killed.
CITY COUNCIL MINUTES
- 'f'OLUME 18
REGULAR MEETING
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P ,~.GE 425
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Mayor Houston reopened the public hearing and requested that comments be relative to
the discussion of this item only.
Another unidentified speaker stated they live in a safe environment now and they are
asking for these things because they don't have a drive-through now.
Mayor Houston again closed the public hearing.
Vice 1\1ayor Lockhart stated she felt the new hours are a compromise. She still doesn't
feel security is a bad idea and maybe we could make a recommendation that they
consider this. The location overall is probably safer, if we could mitigate the fact that
people don't drive behind their place after 11 p.m. at night. She questioned if it could be
blocked off after it closes. The question is, is the drive through more viable.
Cm. Howard stated she likes the change and was happy to hear it closes at 11 p.m.
On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by majority vote, the
Council adopted
RESOLUTION NO. 138 - 99
ADOPTING PA 98-038 RITE AID/KINDERCARE
CONDITIONAL USE PERMIT TO ESTABLISH A DRIVE-THROUGH PHARMACY
AND DAY CARE CENTER AND TO EXEMPT PARKING REQUIREMENTS
FOR THE DAY CARE CENTER LOCATED AT 7348-7372 SAN RAMON ROAD
and
RESOLUTION NO. 139 - 99
ADOPTING PA 98-038 RITE AID/KINDERCARE
SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A :!: 16,700 SQ. FT.
RETAIL DRUG STORE AND A 9,824 SQ. FT. DAY CARE CENTER, AND TO
VOLUNTARILY CONTIRBUTE TRAFFIC IMPROVEMENT FUNDS IN THE
AMOUNT OF $129,880 LOCATED AT 7348 -7372 SAN RAMON ROAD
Cm. Zika voted in opposition to the motion.
..
CITY COUNCIL MINUTES
VOLUME 18
REGtrLAR MEETING
J:..tly 20, 1999
PAGE 426
~
BA Y LAUREL STREET TRAFFIC ISSUES
Mayor Houston announced that the next item to be heard would be Item 7.2
.
10:32 p.m. 7.2 (590-30)
Public Works Director Lee Thompson presented the Staff Report and advised that Staff
had reviewed all the issues involved and had tried to come up with potential solutions to
neighborhood shortcutting and speeding on Bay Laurel Street.
Mr. Thompson stated previous action taken included installation of stop signs on Bay
Laurel at Bay Laurel Court and Buckeye Court, and a centerline on Bay Laurel Street, as
well as crosswalks on Bay Laurel at Silvergate Drive and at Silvergate and Hansen Drive.
It was pointed out that since the subdivision was slurry sealed as a condition of
acceptance, some of this striping has not been reinstalled; the developer will complete the
striping once the City has determined whether additional striping improvements are
needed.
Mr. Thompson advised that City Staff, representatives from Valley Christian Center, a
representative from Warmington Homes, and Staffmembers from TJKM and Omni-
Means (traffic consultants), have met and suggested alternate solutions to the problems.
Vehicle Volume - Use of Bay Laurel Street as a Shortcut to Valley Christian Schools: A .
solution to this problem is to lengthen the path for the VCC bound motorists using Bay
Laurel Street. By prohibiting right turns in and left rums out of the two northerly VCC
driveways during school hours (7 a.m. to 5 p.m. school days), drivers would be directed
to use the southerly driveway, which is much closer to Dublin Boulevard. This solution
would require enforcement by Dublin Police Services and educational programs by Vcc.
VCC is agreeable to these measures.
Speeding Problem Solutions: Staff proposed adding 4" white painted edgeline stripes on
Bay Laurel Street, along with repainting the centerline. These stripes would be 8' from
either curb and would still allow 12' travel lanes in each direction. The edgelines tend to
give motorists the feeling of a narrower street and, in turn, tend to reduce speeds. In
addition, Staff recommended that 25 mph pavement markings be installed at either end
of Bay Laurel Street, as pavement markings are better seen by motorists than signs.
Alternates that Staff reviewed and rejected included: 1) speed bumps or humps; 2)
installation of rumble strips; and 3) flashing beacon installation.
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Mr. Thompson stated, in conclusion, that Staff requested that the City Council support
the use of turning restrictions on VCC driveways as proposed and that edge stripes be
installed on Bay Laurel Street to give motorists the feeling of a narrower street which, in
turn, will slow traffic, and to paint 25 mph legends on the street.
Cm. Zika asked if we can put a no left turn sign at Bay Laurel and Inspiration Circle
between 6 and 9 a.m. in the morning.
Mr. Thompson stated he thought we probably could. With the restrictions discussed, we
would put a sign at the bottom. If neither of these things work, we could make it one
way.
Vice Mayor Lockhart asked how and if this will affect the work on Dublin Boulevard.
Mr. Thompson stated the people that cut through are generally on Silver gate. The
closing will just be during the summer.
Cm. Howard asked if we will have police up there for a while.
Mr. Thompson stated initially there will be heavy enforcement and then on a regular
basis.
Cm. Zika asked what period of time we would give to determine whether this is or isn't
working after school starts.
Mr. Thompson stated 30 to 60 days should work; or until we hear from the neighbors.
Jeff Robinson, 11215 Las Palmas Court, stated they have been residents for almost 12
years. He served on the committee for developing the Masterplan for VCC and they
submitted a plan for expansion about a year ago. They met with neighbors in mid 1998
to understand the issues they may face as th~ir church begins to grow. They have met
with the homeowners association on 4 occasions, and also met with City Staff on 3
occasions and worked hard to eome up with solutions presented tonight. If the City
endorses this plan, the church will do a mail out packet to all parents of the school
children and prior to the new school year, they will send out an additional letter
reminding parents of the changes. They are trying to do everything they can to be good
neighbors to all the surrounding areas.
Christine Corso, 11220 Bay Laurel Street, stated she appreciates everybody getting along.
Their morning problems are just as bad as evenings. They can't get out of their
CITY COUNCIL MINUTES
VOLUME 18
REGULAR MEETING
july 20, 1999
PAGE 428
driveways. She stated she felt having a no left turn at the connecting street that Cm. Zika.
suggested was a good one. .
Sue Rainey, 11157 Bay Laurel, as a new member of the Homeowners Association Board
of Directors, stated traffic going up is just as big a problem because of the sheer volume.
It's pretty bad when you can't get out of your own driveway. A no left turn at the top
would greatly improve the conditions they live with now. She appreciates what the
school is doing finally after 2 years. The 2 driveways with no turn signs is very good.
She stated she has a problem in that there is not one at the third driveway. VCC is not
the sole source of their problems. They have great traffic up there on the weekends.
There are a lot of motorcycle riders and numerous other traffic. The City Councilor
whoever designated this plan made a Disneyland E-ride out of their street. Their safety
should not be affected because of thrill riders. This situation won't get any better unless
it is strictly monitored. They should cut the street off eventually. We must come to some
resolution and it must be ended at some time. She requested that the City consider
blocking the third driveway.
Maureen Haddad, 11556 Bay Laurel, thanked VCC for their input. She saw the flyer on
what to do to help solve the situation. She asked that they put in the packet that they will
be ticketed and fined. She asked if, in 30 or 60 days, they can come back.
Mayor Houston stated we will have to see what happens.
.
Dave Burton, 11396 Dillon Way, commented we do have a comfortable city hall,
speaking from the audience side. He stated he supports VCC and reminded everyone that
we knew Hansen was going to be a problem and when it connected, it changed the
whole dynamics of the area. The church and school has been very successful and they
have gone out of their way to reach the people and discuss the issues. It sounds like
things have been worked out and they are proud as a church and school to be a good
neighbor. People that moved into these houses probably weren't informed properly that
there is a big school up there. They hope there are no further difficulties.
Mr. Robinson clarified tRat the third access, that Ms. Rainey requested also be closed,
does not go to the high school, but rather to the preschool.
Mayor Houston stated he felt everyone had come up with a good program.
Cm. Zika stated he would like to add no left turn sign at the top from 6 to 9 a.m.
Mayor Houston stated he would just like to see Staff recommendations.
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July 20, 1999
PAGE 429
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Vice Mayor Lockhart stated she felt they should go with Staff recommendations and if
after 60 days this is a problem, then they could look at this as a next step. It is very
heartening after all this time, everyone is recognizing and working toward finding a
solution. She stated she appreciates this.
On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the
Council approved turning restrictions at two VCC driveways, and the installation of
edge1ine stripes and 25 mph signs and pavement markings on Bay Laurel Street.
...
PUBLIC HEARING -RESOLUTION Of INTENTION TO ESTABLISH
RIGHTS-Of-WAY FOR PORTIONS Of TASSAJARA ROAD~
GLEASON DRIVE, CENTRAL PARKWAY AND DUBLIN BOULEVARD
10:57 p.m. 6.2 (670-40)
Mayor Houston opened the public hearing.
Public Works Director Lee Thompson presented the Staff Report and advised that this
item will set public hearings for protest for the setting of roadway right-of-way lines for
portions of Tassajara Road, Dublin Boulevard, Central Parkway and Gleason Drive. The
cost to acquire the rights-of-way and build the roadways will be borne by MSSH Dublin
Development (Shea Homes) and the Dublin Ranch Assessment District, currently in the
process of fonnation.
Mr. Thompson stated MSSH Dublin Development and the Assessment District Developer
(the Lins) will each receive a credit against payment of future Eastern Dublin Traffic
Impact Fees (TIF) in amounts equal to funds advanced for the acquisition of rights-of-
way and improvements. Use of these credits has been defined in the respective
Development Agreements for the Dublin Ranch projects and will be used according to
the established TIF policy at the time of development.
In June, the Planning Commission reviewed the report and recommendation of the City
Engineer regarding this proposal and based on information presented in the report,
agreed that the proposed right-of-way lines are appropriate and have recommended that
the City Council adopt a Resolution of Intention to establish right-of-way lines.
Mr. Thompson stated Staff recommended that the City Council, pursuant to Section 7.68
of the DMC, set public hearings on August 3 and August 17, 1999, to hear any protests
or objections to the establishment of the proposed rights-of-way.
No testimony was entered by any member of the public relative to this issue.
CITY COUNCIL MINUTES
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REGULAR MEETING
J~ly 20, 1999
PAGE 430
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Mayor Houston closed the public hearing.
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On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote, the
Council adopted
RESOLUTION NO. 140 - 99
ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH
RIGHT-OF-WAY LINES FOR A PORTION OF TASSAJARA ROAD
(FROM NORTH OF INTERSTATE 580 TO THE NORTHERLY CITY LIMIT LINE
THAT IS LOCATED AT THE NORTHERLY BOUNDARY OF DUBLIN RANCH
TRACT 6962 - NEIGHBORHOOD M1), AND FOR PORTIONS OF
DUBLIN BOULEVARD, GLEASON DRIVE AND CENTRAL PARKWAY
(FROM T ASSAJARA ROAD TO THE WESTERLY BOUNDARY OF
DUBLIN RANCH AREAS F, G & H) PA 99-015
..
PUBLIC HEARING
HERITAGE & CULTURAL ARTS COMMISSION
11:00 p.m. 6.4 (910-70)
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Mayor Houston opened the public hearing.
Parks & Community Services Director Diane- Lowart advised that this is the second
reading of an Ordinance which would establish compensation for members of the newly
formed Heritage & Cultural Arts Commission. The Ordinance provides for compensation
in the amount of $30 for each meeting attended to a maximum of two meetings in a
calendar month. '
No testimony was entered by any member of the public relative to this issue.
Mayor Houston closed the public hearing.
On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote,
the Council waived the reading and adopted
CITY COUNCIL MINUTES
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REG;uLAR MEETING
july 20, 1999
PAGE 431
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ORDINANCE NO. 19 - 99
RELATING TO COMPENSATION FOR
HERITAGE & CULTURAL ARTS COMMISSION MEMBERS
...
ITEM ADDED TO AGENDA
PUBLIC HEARING - FORMATION OF STREET LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH) AND LEVY OF ASSESSMENTS
11 :01 p.m. 6.5 (360-20)
Mayor Houston opened the public hearing.
Public Works Director Lee Thompson presented the Staff Report and advised that on June
1 s1, the City Council adopted a Resolution of Intention to form Street Light Maintenance
Assessment District 99-1 (Dublin Ranch). This is the first of two public hearings
regarding this proposed assessment district. The second public hearing will be held on
August 3rd, at which time the City Council may adopt the resolution approving the
Engineer's Report and levying the assessment.
The proposed assessment for FY 1999-2000 is $19,590, or $23.12 per single family lot.
The proposed assessment for the ultimate improvements for Phase I of Dubliri Ranch is
$28,450, or $33.59 per single family lot (subject to inflationary and utility rate
increases) .
Mr. Thompson advised that the City Council previously reviewed the decorative light that
was proposed for the Dublin Ranch development, including estimated costs for energy
and maintenance. The energy and maintenance costs for these lights are anticipated to
be proportionally higher than the energy and maintenance costs for the standard cobra
head street lights in Jhe rest of the City. The assessment per single family lot for the
Citywide Street Lighting Maintenance District has been $13.26 for the past several years
and is anticipated to remain the same for 1999-2000.
No testimony was entered by any member of the public relative to this issue.
Mayor Houston closed the public hearing. .
CITY COUNCIL MIl\TUTES
- :WOLUME 18
REGULAR MEETING
July 20, 1999
PAGE 432
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On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous .
vote, the Council continued this item to the August 3, 1999 City Council meeting for the
second public hearing.
..
IMPROVEMENT STUDY OF HANDICAPPED ACCESS TO BART
11 :03 p.m. 7.1 (930-30)
Public Works Director Lee Thompson presented the Staff Report and advised that on June
15th, the Council directed Staff to study alternative improvements needed to provide
handicapped access to BART from Dougherty Road in response to a request from citizen
Shawn Costello.
Mr. Thompson discussed the options Staff analyzed, including: 1) use of the northerly
edge of pavement of the existing Dublin Boulevard between Scarlett Drive and DeMarcus
Parkway; 2) Dial-A-Ride service for people with disabilities; and 3) completion of
sidewalk/pedestrian ramps along the north side of Scarlett Court from Dublin Boulevard
near Dougherty Road to BART.
Mr. Thompson stated Staff believes that Option #3 will best serve the citizens of the City .
of Dublin and those who commute to and from the area on BART and, therefore,
recommended that the Council approve the addition of a Capital Project to this years
program to complete a pathway along the north side of Scarlett Drive, and approve a
budget appropriation in the amount of $20,000 from Unappropriated Gas Tax Reserves.
Vice Mayor Lockhart asked if, when Dublin Blvd is redone, will this take into
consideration walkers, those in wheel chairs, bicycles, etc.?
Mr. Thompson stated yes it will.
Vice Mayor Lockhart stated she felt we have an obligation to provide this.
Mayor Houston asked about the timing for completion of Dublin Boulevard.
Mr. Thompson stated our portion will be completed next year, but we still have to
acquire right of way.
Mayor Houston stated his only concern is we have identified Scarlett Court as a
redevelopment area and potentially this money could be spent elsewhere when this will
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buy us a year. This is a lot of money if the regular usage route will be Dublin Boulevard
in a year. He felt people will gravitate to the Iron Horse Trail. For a stop gap measure,
this is a lot of money. . .
Vice Mayor Lockhart asked what our responsibility is to provide this under ADA.
Mayor Houston stated he felt in all due time we have to provide this, but just like the
curb cuts, we are doing those in phases.
Ms. Silver stated she is not that familiar with ADA regulations, but the fact is, we are
taking action to improve Dublin Boulevard.
Vice Mayor Lockhart stated she felt 18 months is a long time to wait for those in wheel
chairs trying to get around.
Mr. Thompson stated Shawn is somewhat unique in that he has said he crosses Dublin
Boulevard sometimes at 9 p.m. at night.
Mayor Houston stated he felt we have a project underway to alleviate this situation.
Vice Mayor Lockhart asked if we could postpone this until we could look more closely
into ADA requirements. Also, she questioned if there is any way to just open it up at the
back of the BART station for him.
Cm. Zika asked if we could temporarily put some kind of lighting device on his
wheelchair to let people know he is there. '
Mayor Houston felt everybody has to take some responsibility and putting themselves in
danger is not a good idea. A good idea would be to have an update of our status with
accessibility with ADA requirements.
Vice Mayor Lockhart stated she felt maybe we could work with Shawn on other ways to
get him to BART.
Ms. Lowart stated she thought a report related to the City's overall compliance with ADA
would take a while but this issue could be brought back at the next meeting.
On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous
vote, the Council continued this item to the next meeting.
.....
CITY COUNCIL MThTUTES
VOLUME 18
REGULAR MEETING
.July 20, 1999
PAGE 434
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HERITAGE TREE REPORT
11: 15 p.m. 8.2 (530-80)
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Assistant Planner Anne Kinney presented the Staff Report which reviewed Tree
Preservation Ordinances of surrounding cities.
The Dublin downtown area consists of a number of significant mature native trees
including oaks, walnuts, cypress and redwoods. Trees located on non-residentially zoned
property are offered limited protection under the Zoning Ordinance. Approval to
remove these trees may be granted if it is determined that the tree is in poor health and
not likely to survive, if the trees constitute a high fire hazard or a threat to persons,
structures or property; or if they impede public works projects. At this time, there is no
City policy which addresses the ongoing maintenance of heritage trees or the protection
of trees during construction.
Ms. Kinney stated Staff requested that the City Council provide direction to Staff on the
preparation of a future City Tree Preservation Ordinance.
Cm. McCormick stated she would like to fill in the blanks in Dublin, utilizing the format
contained in the agenda report. She stated she would not support having a citizen group.
involved. They've listed the protected species.
Mayor Houston questioned if usually the circumference or height are more important?
Ms. Kinney stated we wouldn't want someone to get around the ordinance. The height
doesn't seem to be as important as the diameter. It's better to look at diameter.
Cm. McCormick stated she liked the idea that a tree is to be planted as part of when a
removal of a tree occurs. Yes on next one, try to save memorial tree. Tree of historical
designation yes. Size of tree is determining factor.
Ms. Kinney stated there was no formal survey done.
Mayor Houston clarified that if they are not native to our area, they're not protected. An
exceptional specimen. . . put yes. Is a permit required to protect a tree ~ we should say
yes. Who approves tree removal permit? Right now the Community Development
Director and under a Site Development Review.
CITY COUNCIL MINUTES
VOLUME 18
REquLAR MEETING
Ju!y 20, 1999
PAGE 435
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Ms. Lowart stated our park maintenance function is under Public Works. We could say
Community Development Director or designee or in consultation with the Public Works
Director. .
Public hearing required - no. May be appealed to City Council.
Mayor Houston questioned if it should be appealed to the Planning Commission and then
to City Council.
A consensus was no, just the City Council.
Does the Ordinance cover any of the following: pruning and maintenance - first one no.
Protection during construction/development - yes. Preservation and maintenance of
existing trees - this links with pruning and maintenance. Overhead Wires - yes.
Ms. Kinney explained that the next step will be for this to come back in the form of a
draft ordinance.
...
OTHER BUSINESS
. 11:29 p.m.
Ms. Lowart reminded everyone of the concert Friday night 7 p.m. at the Civic Center. It
will be a contemporary blues band.
Concert (950-40)
...
Councilmember Trip (610-80)
Cm. McCormick reported that she just returned from a trip to Lapland and to the Arctic
Circle and that she saw Santa. She brought back and distributed some gifts for her fellow
Councilmembers, keychains.
They were having a 100 year heatwave in Finland. The sun never ever went down.
~
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CITY COUNCIL l\1INUTES
VOLUME 18
REGmAR MEETING
July 20, 1999
PAGE 436
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Fire Exercise (540-70)
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Vice Mayor Lockhart stated she and Cm. Zika and Mr. Ambrose attended the fire
exercise. She rode on a bulldozer.
...
Waste Management Issues (810-10)
Vice Mayor Lockhart mentioned with Waste Management, they are considering a half
million dollar study because we are supposed to be at a 50% reduction of wastestream by
2000 and they will talk about a waste characterization study for all cities in Alameda
County. It's all from the Measure D money.
Vice Mayor Lockhart stated Alameda County is looking at the fact this year that we don't
have 15 years of land fill space in the County. We have 14 yz years and this has sent
everybody into a dither. One option is to use the Altamont Land we have purchased and
the other is to expand the Altamont Landfill which is currently in a crisis because of the
contaminated San Francisco dirt. We are really in a kind of quandary over our 15 year
landfill requirement. She will be attending a meeting tomorrow night. Don't be
surprised if people really start pushing recy:ng. .
ADJOURNMENT
11.1
There being no further business to come before the Council, the meeting was adjourned
at 11 :36 p.m.
Mayor
A TrEST:
City Clerk
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CITY COUNCIL MINUTES
VOLUME 18
REGULAR MEETING
'July 20, 1999
PAGE 437
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