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HomeMy WebLinkAbout4.01 Draft Minutes 8-3-1999 .. . REGULAR MEETING - Auqust 3. 1999 A regular meeting of the Dublin City Council was held on Tuesday, August 3, 1999, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Houston. . ROLL CALL PRESENT: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston. ABSENT: None. ... PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. <:;;r . CLOSED SESSION 7:06 p.m. 10.1 (640-30) The Council recessed to a closed session in accordance with Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 985-0004-001-03 Agency Negotiators: Elizabeth H. Silver, City Attorney, Richard C. Ambrose, City Manager, Lee Thompson, City Engineer Negotiating parties: City of Dublin and Dublin Land Company Under negotiation: Instructions to negotiators will concern price and terms of payment. REPORT ON CLOSED SESSION ACTION The Council meeting reconvened at 7:17 p.m., with all Councilmembers present. The l\1.avor announced that no action was taken in Closed Session. " -.e.- . CITY COUNCIL l\m\T(TTES VOLUME 18 REGULA.R MEETING .~:_.'~.:.1S~ ~l~ ""i?::'= ;: ~'3~ L;,Z;S 4~ t uiiir,~ ~"H,~:i'.I; INTRODUCTION OF NEW EMPLOYEES . 7:17 p.m. 3.1 (700-10) Chief Thuman introduced four new Dublin Police Services employees: Deputy Derek Hesselein, Deputy Tim Philipps, Sgt. Brett Kete1es, and Deputy Roger Power. Chief Thuman stated the recently adopted budget added 2 of the positions and with regard to the other 2, one replaces an officer who was promoted and another officer who asked to be reassigned. .. YOUTH ADVISORY COMMITTEE APPOINTMENTS 7:26 p.m. 3.2 (110-30) The terms of office for the Youth Advisory Committee members expire in August of 1999. Mayor Houston announced that 12 applications were received for the 11 youth member positions and one application was received for the adult community member position. On motion of Vice Mayor Lockhart, seconded by em. Howard, and by unanimous vote, . the Council confirmed the Mayor's appointments to the Youth Advisory Committee: Brenton A. Jones, Louis Arcuri, Catie Hootman, Kristy Laird, Tony Watts, Melissa \\lest, Leslie Allen, Vimala Hannigan, Jupjeet Kaur, Daphne Robinson, Tricia Rutledge, Alternate Shelly Kahn, and Adult Advisor Karen Seals. Three of the members were present and stated they look forward to serving on this committee. They included Leslie Allen, Melissa West and Catie Hootman. ~ PG&E TRI-VALLEY POWER PROTECT - ?9 1:_ p.m. 3.3 (1020-10) Senior Planner Carol Cirelli advised that PG&E has stated that currently, the Tri-Valley area's electrical system is at 98.6% capacity and taking into consideration residential and commercial development which has occurred over the last 10 years, along with development which has been approved, electrical demand will exceed the system's capacity by mid-2002. PG&E is in the process of designing a system upgrade for the Tri- Valley region. Existing PG&E substations and distribution lines will also be upgraded in CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING . .~:...!;;~st 3~ .,:~ 8::;2 ? ,L.G= 439 ~ . order to bring more electricity to homes and businesses in the Tri- Valley area. The project is slated for completion by mid-ZOaZ. PG&E is currently working on a preferred transmission line and substation alignment for the Proponent's Environmental Assessment required as part of their application to the California Public Utilities Commission. One of the principle alignments being analyzed would be located within andlor adjacent to Dublin. This new line would be located along the Contra Costal Alameda County boundary. It would then connect to a new substation located within the vicinity of the northern end of Fallon Road just north of the Contra Costal Alameda County border. Mike McGee, Public Affairs Representative made a presentation and introduced Barbara Price, Bob Dailey, Sandy Morris, who is in charge of the environmental process, and Kim Flood. Mayor Houston asked about the preferred alternative. Mr. McGee stated they will have the preferred alternative back to the City in September and then will be asking for comments. A contact number for anyone wishing to get information is (9Z5) 866-7383. . Cm. Zika asked about Alternative B and stated he favors this if they run the overhead lines on the other side of the County Line. The others appear to have overhead lines running through Dublin and this is not acceptable. Mr. !\1cGee clarified that the new substation is in North Livermore. This would be outside the line of sight. Vice Mayor Lockhart asked about what kind of community groups they have worked with. The response was they have worked with the business community, developers, and public - agency staff. Barbara Price stated they formed two task forces to help them work through this process. The task forces will come back to get further input and filter out and build out from that direction. Mr. McGee stated public input will be a key in this process. ~ . CITY COUNCIL MINUTES VOLUME 18 REGUL4.R MEETING ~~~l ;:..:st 35 i S~S ? L.;G:: 440 Recvcling Concerns (810-60) . Mark Dorazio, 80 Cedar Point Loop, Apt. 1409, San Ramon, stated he lives right across the street from Dublin and he is the local recycling enthusiast. Dublin is not doing very well with regard to recycling. Cardboard is very easy to recycle, but it's just not happening. Dublin High School's cardboard recycling bin is locked. He suspects it is not even being serviced. Lots of cardboard is being generated. He wrote to Valerie Barnes and never heard back from her. He hopes the City Council will take a look at this. AB 939 is supposed to go up to the next tier of 50% in the year 2000. Most of the towns are not doing too good in the commercial sector; this is where the problem is. He stated his second concern is his little recycling project and he plans to speak at the Planning Commission meeting next week. He is trying to set up recycling for large items such as mattresses and couches through a thrift store, which he hopes to operate. He should be encouraged to do this but he has been discouraged and told this should be done in an industrial area. ... Candlelight Vigil for Officer John Monego (580-40) Tammy Monego, wife of Deputy John Monego, stated although she lives in Brentwood she is an adopted member of the community. She stated she came to present ideas on . behalf of her husband's memory. She has become a member, unfortunately, of COPS, an organization that assists survivors and family members of officers who have been killed. She is a member of the Northern California Chapter. She is secretary, and with their support, they would like to conduct a candlelight vigil in the month of December and a blue light tree lighting ceremony in remembrance of those killed in the line of duty. The anniversary date of her husband's death is Decembers 12th and she would like the City to consider December 11 th for a candlelight vigil. Members could bring ornaments and they could hang them on the tree and at that time the tree would be lit. She would also like to bring this idea to the Outback Steak House. Ms. Monego stated she understands the City conducts a tree lighting ceremony and she would like to have the City think of doing their ceremony after the candlelight ceremony, maybe on the following Friday. ~ Edward Perea, 11550 Alegre Drive, stated he wished to address Item 4.6, related to Munchkin Daycare. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING f. .l~' 'S" 3 -I" ooc> ~-~'- ~ ~ .........- . ;:'p,GE L.41 . . . Mayor Houston advised that since this item was agendized, he should speak when that item is up for discussion. .. CONSENT CALENDAR 7:54 p.m. Items 4.1 through 4.9 On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote7 the Council took the following actions: Approved (4.1) !v1inutes of Regular Meeting of July 20, 1999; Adopted (4.3 600-35) RESOLUTION NO. 141 - 99 AWARDING CONTRACT 99-07, STRIPING & MARKING PROJECT TO CHRISP COMPANY ($40,715) and authorized the Mayor to execute the agreement; Adopted (4.5 600-30) RESOLUTION NO. 142 - 99 APPROVING AGREEMENT WITH CORDOBA CONSULTING, INC. FOR CONSULTING ENGINEERING SERVICES (FREEWAY PROJECTS) and authorized the Mayor to exe~ute the agreement; Adopted (4.7 600-g0) RESOLUTION NO. 143 - 99 APPROVING AMENDMENT TO AGREEMENT FOR TRAFFIC ENGINEERING SERVICES WITH OMNI-MEANS and authorized the Mayor to execute the amendment to the agreement; Adopted (4.8 410-40) CITY COUNCIL MINUTES VOLUME 18 REGUL4.R l\fEETING AU2~st 3! 1 ee? F ~GE 44-2 RESOLUTION NO. 144 - 99 . APPROVING FINAL PARCEL MAP 7355 (EMERALD GLEN) Approved (4.9 300-40) the Warrant Register in the amount of $2,644,857.19. Item 4.6 (410-30) was pulled from the Consent Calendar for discussion. Edward Perea, 11550 Alegre Drive, asked for reconsideration of the Munchkin Day Care Center issues. The Planning Commission did not evaluate or vote on a 20 child capacity. Secondly, the owners appealed the Planning Commission vote and then amended it to 20 from 30 children. This did not come to light until the day of the pu blic hearing. There are still some safety issues that exist. In case of an emergency, public safety vehicles could be hampered. Sections 1596 and 1597 of the Public Safety Code set limits. The intent of the law is that a small capacity of children promotes a home environment. Expanding past 12 results in rezoning for a commercial use. Environmental impacts need to be looked at. He, as well as Alegre Drive residents, are upset with a Councilmember's comment of them being more concerned about traffic than daycare. They supported them in the past and it was not until they expanded further that they felt their own safety . was at issue. Their children also have safety concerns. Mr. Perea submitted a letter to the City Clerk from Alegre Drive residents dated August 3, 1999, addressed to the City Council. ('SUBJECT: PA 99-014 Jl1unchldn Day Care Center CondiHonal Use Pennit Request for ReconsideraHon. Alegre Dlive residents request that you reconsider your decision to grant the Munchldn Daycare Facl1ity the condiHonal use pennit to expand Ir0111 J 2 to 20 children. As you are weIl aware.' the Planning C0111lnission unanil11ausly denied the Daycare FacHiHes request lor 30 chl1dren because of concerns regaIY1ing traffic and parking. Alegre Drive residents believe the following issues need to be addressed m1d re-evaluated' . PlmIning Call1lnission objected to an expansion of 30 children; howevel~ did not evaluate a 20 child proposed capacity. . nIe owners of the Munchkin Daycm"e Facility appealed the Planning C0111l11ission's decision Hith the m11ended capacity of 20 children. This change did not bec0111e public until the day before the City Council Heming leaving Alegre Dlive residents inadequate time to prepm"e for the mnended proposaL . Safety considerations stiIl exist regmuing the Daycare Facilities patenHal for traffic cOl1gesHon and the accessibility of fire trucks and equiplnent in case alan elnergency. CITY COUNCIL MThLJTES VOLUME 18 REGlJLAR MEETING . .!.:\.l...J;ust 3~ ~ SS':: ? !',G::. 443 . . . 77Iis is a true cOl11l11ercial use and requires the full traffic and safety analysis for a cOlnlnercial daycare hOlne. . Any expansion above 12 children is a violation of California Health and Safety code 1596 & 1597. 'l11e pUlpose of the law was in our opinion, to create an exel11ption to zoning and use restrictions for residential davcare. which requires a faJnily setting and has lnaxil11wn size lilnits. Exceeding this pnilciple, goes agalilst the intent of the law of having chIldren cared for in a '1zOlne" envilvlllnent It also results in the loss of the residential use of a neighborhood and really results in l"e-zoning to a cOlnlnercial use. We did not object and in fact supported falnily daycare. But we are ol?jecting to cOl111nercial day care in a residential hOl11e. Licensing issues, envlivnlnental ilnpacts aJId a thorough study of ilnpacts need to be considered 11 this council intends to l"e-zone this aJ"ea to a cOl11l11ercial use. Additionally, we are upset at Council Melnhen;' relnarks regarding our "lack of caring for children as opposed to vehicle traffic." As Alegre Drive residents, we have sUPPOlted daycare as evident by the Facilities prior expansion frOl11 6 chlldJ"(~n to the present 12- child capacity. 771e owners of Munchkin Daycare received no opposition and even used letters of SUPPOlt fiVln Alegre Drive residents during that pennit process. It was not untIl they l"equested to expand further that Alegre Drive residents felt that the safety of our children would be COl11plvl11ised due to traffic congestion. Safety concerns exists with 12 ch11dren and 1110l"e than 12 creates additional safety issues. Alost local goVeJ111nents have enacted standards, restnctions and l"equirelnents for family davcare hOlnes. 111is is because a large faJnily daycare facility (12 - 14) Cl"eates genuine traffic, parking, noise. and safety C011cell1S. Restrictions aJ"e requil"ed even at this leveL Daycare is i1npOltant, and we all agl"ee to that but safety concerns st11l exist. It is not light to consider the needs for daycare over the needs of the local children and their safety concerns. Equal weight and balance lnust be given to the residential uses and safefJj along with the need for daycaJ"e. RespectfuIly Sublnitted, AlegJ"e D1ive Residents' The letter was signed by 1 8 adults, a 9 year old child, and 3 toddlers. Marilyn Irwin, 11624 Alegre Drive, stated she has been a resident of Dublin for over 26 years and also read a letter from several of the residents dated July 29, 1999. "Dear Mayor Houston and Estee1ned Council Me1nbers, Our Oliginalletter was w1itten to be l"ead at (what we now know was incorrect infol1na-tion) the CifJT Council Meeting date of August 10, 1999 which neither the Misheloffs nor MaJ11yn lrvdn would have been able to attend As the Goss faJllily is presently the one la11111y unable to appear befol"e tonight:') (August 3, 1999) ll1eeting, we aJ"e p1"esenting this letter on their behalf As l"esidents of Alegre Dlive in Dublin and because of our sense of C0111111unifJT we ask that you aIlow this letter to be sub1nitted in our absence l"egaJwng Munchkin CaJ"e Daycare. A velY i111pOltant point we wish known is that we have never advocated the suspension of 110r have we not sUPPOlted a hOlne daycare facility on our cul-de-sac. As we stated at the June 1999 Planning COlll111ission1neeting, the Klishnas al"e ve1Y nice people and good CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING .t..U2:Jst 3~ 19"::': ?~'3= 444 neighbors who Plvvide a velY valuable service. Although none of us has personally had. the opportunity to use this service we understand that the Kn8hnas provide excellent daycare. Neveltheless7 we are concerned that the expansion of the facility to 20 children will change the character of the facility f1Vll1 the residential hOll1e daycare facility it is now to be a business/ cOl11111erciaJ property. We wish to request that the Council reconsider and review the conditional use pennit it granted to the Kn8hnas to expand their facility to care for 20 children because we believe: J. The Planning COl11111ission only considered the Oliginalii1cl"'ea.Se request to 30 children. Although the 20 child option was on the table7 it was never voted upon. . We feel Mi: Zika was con"ect in stating that the appeal process should have been returned to the Planning COll1mission. 2. Since we did not receive notice plior to the July 2(Jh City Councillneeting that the KJishnas plvposed a ll1odification of the appeal f1Vll1 30 children down to 20 children to be caJ"ed for and that they would now not be 1110ving out of the propeltY7 we did not have a chance to reVIew the alnenchnent to the appeal 3. It has COlne to our attention that there is a California State Law which stipulates that a Tesidential daycare facility can have no l110l"e than J 2 childTen. Beyond that nUlnber a daycal"e faCility is considered a cOl11111ercial entelpl1Se. We wonder if the Council has inadvertently and/or unknowingly blvken a state law by granting a residential facility a penl1it to operate as a cOl111nercially-zoned facility. JVe Tespectfully Tequest that you please review this State Law and advise us of your findings. . Our only desll"e is to achieve what is in the best interest of all residents of our street. Respectfully yours77 Signed by 6 residents. Mayor Houston read a statement submitted by Martha Ketchem, 11624 Alegre Drive, "J. Safety Hazard in case of elneTgency you7l have 20 children trapped We feel you did not give enough consideration to the people liVIng there &: too Inuch to the Center - ]2 is enough. r David Bewley, 11166 Brittany Lane, stated he is a member of Silvergate Highlands Homeowners Association. He knows this area and actually once owned this -house. His concern is that there are many policy decisions here and many facts that need to be considered. Certainly one of the problems is daycare. There is a complex array of rights in living in a community. The concept of daycare has been thoroughly studied. The ambiance of residential daycare is different than what you get with a daycare center. With 20, this would be a daycare center. The implications are what he is concerned about. Family daycare for 6 to 8 and once you get beyond this, you consider impacts. Beyond this, he understands this is a zone change. This is a special exemption to balance problems and needs. The solution was the creation of the family daycare act. It is necessary to have both types of daycare. Is it appropriate to have a daycare center in a residential area. Dublin has a few of them; about 16 daycare centers and 53 licensed CITY COUNCIL MINUTES VOLUME 18 REGUL4.R MEETING . ~~ :J gust 3 ~ ~~ 2 8 S ~r.!;;."G= LL.S . . . homes. KinderCare will be coming in in the future. He asked about the status of their approval. This will have approximately 150 kids. This should be taken into consideration. Mayor Houston pointed out that KinderCare has nothing to do with the discussion of this item. Ms. Silver stated the policy of state legislation is addressed by the legislature. The City's policy allows this number in an R-I Zone with a permit. The operator also has to get the appropriate licenses from the State. The fact that the City issues a CUP to operate a daycare center does not in itself mean they can operate a center. They must get state licensing. Under our policies, and this is what's before the City Council, they can apply for a CUP. Mr. Bewley asked if it can be transferred to a future owner or if it is non-transferable. Mayor Houston stated they have not addressed this. Mr. Bewley stated this will permanently impact the neighborhood. This is too big for a residential area and the best solution to the problem is to have more residential day care. Bigger is not always necessarily better. Mayor Houston made a motion to approve the request. Vice Mayor Lockhart stated she does not understand "parking spaces... or elsewhere on Alegre Drive and walk their children to Nielsen School" She asked if we are saying they have to park at the school and then walk the children to the daycare. Mr. Carrington stated we are trying to minimize traffic to the house. Vice Mayor Lockhart stated she felt this does not seem appropriate. It seems like something we can't control. Mr. Ambrose stated enforcement would be difficult, but the applicant suggested this. Vice Mayor Lockhart suggested we remove this one from the list. Some may have siblings and this will create other problems. Ms. Silver stated the condition pursuant to the applicant is they will have the parents sign this statement and they will try to get the parents to cooperate. CITY COUNC~ MINUTES VOLUME 18 REGULAR MEETING .L. ~r 2" :.; S: :,. ~ e~?:' =- !;..C';:= 445 Cm. Zika stated he felt this condition is meaningless. . Ms. Silver stated the word require could be changed to encouraged. Mayor Houston stated he would be willing to strike the whole thing or change the word to encourage. They felt parking could be handled. Whether this would practically happen is doubtful. He stated he would like to strike the whole item. Vice Mayor Lockhart stated she did not have a problem with using the word encourage. Mr. Ambrose stated the conditions should be stated so as to be easily enforceable. Cm. McConnick indicated she would like to strike the condition. Mayor Houston withdrew his motion. Vice Mayor Lockhart commented on the outside play times. What about lunch during nice weather; also, they may want to be out at other times. Mr. Carrington advised that the applicant suggested these times. Vice 1\1ayor Lockhart commented on Condition # 1 7, where police services present a . program and asked if this is required of all daycare. Mr. Carrington replied yes. Vice Mayor Lockhart asked about notification. Have we addressed this going from 30 to 20. Ms. Silver stated the request was for 30 children. On appeal, the City Council had the 3 choices as part of the appeal process. Mr. Carrington advised that notices were mailed to everyone within 300' of the propeliy and also it was published in the newspaper. Cm. Zika stated he has concerns. The conditions are basically unenforceable. He was concerned about traffic, and they still haven't gotten a license for 20 children. The State requires 35 sq. ft. per child, which would require 700 sq. ft. He doesn't know what is included/ excluded. With a loss of the play area in the garage, they may not even get a license for 20 kids. He stated he felt the people on this street have already done more than enough for the community. em' COUNCIL MINUTES YOLUME 18 REGUL4.R :MEETING . , "-"Ir~'" "':~ ~c:t~ .-" _" ::-: ...... __ I,. .....!" ;......... _ c !..C;E L47 . On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by majority vote, (4.6 410-30) with the change to drop the requirement related to walking children tol from Nielsen School, the Council adopted RESOLUTION NO. 145 - 99 ADOPTING A NEGATIVE DECLARATION FOR PA 99~014 MUNCHKIN CARE DAY CARE CENTER CONDITIONAL USE PERMIT and RESOLUTION NO. 146 - 99 GRANTING APPEAL FROM DENIAL OF AN APPROVING PA 99-014 MUNCHKIN CARE DAY CARE CENTER CONDITIONAL USE PERMIT REQUEST FOR A DAY CARE CENTER SUBJECT TO LIMIT OF 20 CHILDREN IN A PLANNED DEVELOPMENT SINGLE~FAMIL Y RESIENTIAL ZONING DISTRICT AT 11586 ALEGRE DRIVE . Cm. Zika and Cm. Howard voted against the motion. Vice A1ayor LockhaI1 pulled IteI11 4.2 froI11 the Consent Calendar and asked if COI11puter equipInent for the City Council is included in this? Joe Agwlar responded 110, these would be used I11a.inly in Police Senrices. The others would be coordinated with the building renova.tion. AII'. AInbrose stated in order to get COI11puters into the Councz1 offices we have to do a winng contract in -order to wire the offlces. 11118 will be done as paI1 of the building renovation. CIn. Zika asked when these pIices caIne out? He stated he thought prices have COIne down Nick Stevens stated prices get adjusted evelY 2 weeks. We Inay get an even lower pIice. On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote, the Council adopted (4.2 350-20) . CITY COUNCIL l\ffiLJTES VOLUME 18 REGULAR MEETING .L..u~:..:st 3~ i 9?~~ ?~G= 448 RESOLUTION NO. 147 - 99 . WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING STAFF TO NEGOTIATE THE PURCHASE OF COMPUTER HARDWARE AS PART OF A STATE OF CALIFORNIA NEGOTIATED PURCHASE AGREEMENT Cin. JllcCo17nick pulled Itein 4.4 frOlll the Consent Calendar and stated she found it cunous that our contractor is going to retire and has appointed his successor. She asked if this is a COlnillon practice. M: ThOlnpson explained that M: HOlllolka told us originally that he was looking to retJi"e. We have worked with EnK Cordoba in the past and he has subcontracted Ii1 the past. 1111: Ambrose stated it is Jinportant on these contracts that we have SOlneone lainiIiar with working with Caltrans. Jlll: 711Oinpson stated we usually go out for proposals and then we hire theln based 011 . what their experience is, and then we negotiate a pnce. Cin. JllcConnick expl"essed concen1 that we approve a lot 01 contracts over and over agai11 and thel"e is not an opportunity lor others to bid . On motion of Cm. McCormick, seconded by Vice Mayor Lockhart, and by unanimous vote, the Council adopted (4.4 600-30) RESOLUTION NO. 148 - 99 APPROVING AGREEMENT WITH CORDOBA CONSULTING, INC. FOR CONSULTING ENGINEERiNG SERVICES (DUBLIN RANCH ASSESSMENT DISTRICT) and authorized the Mayor to execute the agreement. ~ CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING . t~:...~;:-~s: 3~ i ??8 ?AGE 448 . PUBLIC HEARING CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 8:25 p.m. 6.1 (360-50) Mayor Houston talked about Items 6.1, 6.2 and 6.3 and opened the public hearings on all three assessment districts. This assessment district funds the energy and maintenance costs for the City's street lighting system. This item would approve the levy of assessments for 1999-2000. The assessment is not proposed to increase over the amount of last year's assessment of $13.26 per single-family home. No testimony was entered by any member of the public relative to Items 6.1, 6.2, or 6.3. Mayor Houston closed the public hearings for Items 6.1, 6.2 and 6.3. On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 149 - 99 . APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 ... PUBLIC HEARING - (TRACT 4719) LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (See item 6.1) 6.2 (3-60-20) This assessment district maintains landscaping along Stagecoach Road and on the interior slopes of Agate Way and Coral Way. This item would approve the levy of assessments for 1999-2000. The assessment is not proposed to increase above the 1998-99 level ($228.72 per single-family home and $38.68 per Amador Lakes unit). On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council adopted . CITY COUNCIL l\fiNUTES VOLUME 18 REGULAR MEETING h:J;:Jst3, "t899 P4G= 450 RESOLUTION NO. 150 - 99 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719 STAGECOACH ROAD) .... . PUBLIC HEARING - VILLAGES @ WILLOW CREEK, TRACT 5511 LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (See Item 6.1) 6.3 (360-20) This assessment district provides for maintenance of certain landscaping improvements associated with the Villages @ Willow Creek development. This action would approve the levy of assessments for 1999-2000. The assessment is not proposed to increase above the 1998-99 level ($84.72 per single-family home and $42.36 per multi-family dwelling unit) . On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 151 - 99 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86.1 (TRACT 5511 VILLAGES @ WILLOW CREEK) . . PUBLIC HEARING LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) 8:27 p.m. 6.4 (360-20) 1'v1ayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that this assessment district funds maintenance of certain landscaping improvements in the City's Santa Rita development area. The proposed action would approve the levy of assessments for 1999-2000. In order to fund the maintenance activities that have been forecast for CITY COUNCIL MThTUTES VOLUME 18 REGULAR MEETING . A~2~st 3: igee ?A.G: -'51 . . . 1999-2000, the recommended assessment is $94.95 per acre for non-residential properties. The recommended assessment for residential properties, which is also based on $94.95 per acre, ranges from $5.94 per unit for California Brookside multi-family units to $20.26 per lot for SummerGlen single-family homes. Mr. Thompson stated we have received 2 protest letters; one from a resident in the K&B development and one from Humphreys. Those two represent 13 'Y2 acres of 447 acres in that district. Mayor Houston asked that Mr. Thompson explain the difference between an assessment district and a homeowners association. The assessment district is a method that the developer chose to finance ongoing maintenance. Mr. Ambrose stated Alameda County, as property owner, wanted to assure that the street landscape would be consistent through the entire 600+ acres. The net effect is if it were under a homeowners association, the cost would be significantly higher. Cm. Zika asked how these taxes are collected differently from the others that would justify the collection fee. Mr. Thompson stated they all go through the County property tax rolls. He clarified that there is a 1.7% fee for all of them. Natalie Probert, 4832 Fawn Way, stated she is a new resident, having just purchased her first home. As a new resident, her biggest concern is resale value; also, what her environment looks like. Another big concern is the $162 she currently pays in homeowner association dues and the fact that she is surrounding another homeowners association with weeds that aren't being kept up. She is paying a lot of money to make her area look nice and is now being asked to pay more. In the future, how will this impact her ability to sell the home. What will next year and the following years cost. Several trees were damaged recently and the commercial stores are advertising in the areas she is paying for. Mr. Thompson explained what all is combined in the amount. A maximum of $710 per acre is the limit + the cost of water. We are at $95 an acre right now. Ms. Probert stated it blew her mind to think she's paying $162 a month and the houses aren't paying anything. Mr. Ambrose clarified that everyone in the boundary pays the assessment. Cm' COUNCIL MINUTES VOLUME 18 REGULAR MEETING .4u2":Jst3, "1229 P~.GE 4-52 Ms. Probert stated she loves this community and looks forward to participating more actively in the future. . Cm. Zika stated the business signage isn't being paid for by the assessment district. Mayor Houston closed the public hearing. On motion of Vice Mayor Lockhart, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 152 - 99 APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT 97~1 (SANTA RITA AREA) ... PUBLIC HEARING - FORMATION OF STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH) AND LEVY OF ASSESSMENTS 8:39 p.m. 6.5 (360-20) . Mayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that this assessment district would pay the energy and maintenance cost for the decorative street lighting system that is being installed in the Dublin Ranch development. The proposed assessment for the initial (1999-2000) year is $23.12 per lot. The Engineer's Report further proposes a maximum or buildout assessment for Phase I of Dublin Ranch pf $33.59 per lot, subject to Consumer Price Index and utility rate increases. This is the second of two required public hearings for this assessment district. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. McCormick clarified that these lights are different than the cobrahead. Mr. Thompson confirmed this and stated because they are so short, they have to be closer together. CITY COUNCIL MINUTES VOLUME 18 REGUL.-\R MEETING . A:.J.;ust 3~ 18e9 ?AGE 453 . Cm. McCormick stated she is concerned about light pollution. Mayor Houston stated the light standards are lower and they're directed downward. On motion of Vice Mayor Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council adopted RESOLUTION NO. 153 - 99 CONFIRMING REPORT, ORDERING IMPROVEMENT, AND LEVYING FIRST ANNUAL ASSESSMENT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99~1 (DUBLIN RANCH) .... PUBLIC HEARING - ACCEPTANCE OF PUBLIC TESTIMONY CONCERNING CERTIFICATION OF NEGATIVE DECLARATION AND ESTABLISHMENT OF RIGHT-Of-WAY LINES fOR PORTIONS OF TASSA]ARA ROAD, GLEASON DRIVE, CENTRAL PARKWAY AND DUBLIN BOULEVARD AND ADOPTION OF RESOLUTION OF INTENTION WHICH REPEALS RESOLUTION NO. 140-99 . 8:43 p.m. 6.6 (670-40) Mayor Houston opened the public hearing. Public Works Director Lee Thompson presented the Staff Report and advised that establishing right-of-way lines on these streets will require frontage developments to dedicate (or purchase and dedicate) the roadways to match the Eastern Dublin Specific Plan transportation requirements. Mr. Thompson explained that one of the notification requirements in the Dublin Municipal Code requires that the Resolution of Intention be published and posted on the subject site a minimum of 10 days prior to the" public hearings. The posting of the resolution could not be completed within the time frame which now requires the public hearings to be postponed until proper notification has been completed. Staff recommended that the City Council open the public hearing on this item to allow any interested parties to comment if they are unable to attend the August 17th or September 7th Council meetings. Mr. Thompson stated any discussion of the item by the City Council should be postponed until the August 17th meeting. . CITY COUNCIL MINUTES VOLUME 18 REGuLAR IVCEETING l'.,. "~r 'C::+' ~ -': o.J~ ~'" _~ ~ ;"..e. ~ i. W ~ k.... ...' -.. ~.~G= 454 No testimony was entered by any member of the public relative to this issue. . Mayor Houston closed the public hearing. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote, the Council adopted RESOLUTION NO. 154 - 99 REPEALING AND REPLACING RESOLUTION NO. 140-99, AND ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH RIGHT-OF-WAY LINES FOR A PORTION OF TASSAJARA ROAD (FROM NORTH OF 1-580 TO THE NORTHERLY CITY LIMIT LINE THAT IS LOCATED AT THE NORTHERLY BOUNDARY OF DUBLIN RANCH TRACT 6962-NEIGHBORHOOD M1), AND FOR PORTIONS OF DUBLIN BOULEVARD, GLEASON DRIVE AND CENTRAL PARKWAY (FROM TASSAJARA ROAD TO THE WESTERLY BOUNDARY OF DUBLIN RANCH AREAS F, G & H) PA 99-015 ... IMPROVEMENT STUDY OF HANDICAPPED ACCESS TO BART 8:44 p.m. 7.1 0060-30) Public Works Director Lee Thompson presented the Staff Report and advised that this item was continued from the July 20th City Council meeting in order to obtain a legal opinion from the City Attorney with regard to the City's responsibility for providing handicapped access to BART. . The City Attorney has determined that the City is not required to provide interim handicapped access to the BART Station at this time. The fact that the City is currently constructing an accessible route to BART, which will be completed before February 2000, bolsters the conclusion that construction of an alternative accessible route would be an undue financial burden. Mr. Thompson stated Staff had previously analyzed several options for providing BART access, including the following: 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. 3) Completion of sidewalk/pedestrian ramps along the north side of Scarlett Court from Dublin Boulevard near Dougherty Road to BART (at an estimated cost of $20,000). em' COUNCIL l\fiNUTES VOLUME 18 REGUIAR MEETING . .~:J~~st 2~ ~ 889 P~,Gr: 455 . . . " Vice Mayor Lockhart stated she understands the situation and Shawn understands it. As a representative on the LA VTA Board, she stated it is incumbent for her to at least speak to the Board and see if there is any opportunity to extend themselves to help him. Cm. McCormick stated she would like to see us do the temporary construction for the benefit of those in wheel chairs from a humane standpoint and for the general welfare of our residents. It is important from a safety standpoint for the community. She hates to think of people in wheelchairs and even bicycles trying to get to BART. This should be considered. Mayor Houston agreed that if we had no plans for improvements, we should absolutely do this, but we are making the improvements and our moral obligation is that the money spent on this could go toward other projects in the City. We are working as fast as we can on this. Vice l\1ayor Lockhart stated she had spoken to Shawn a number of times on this issue and she would support working with paratransit. He is the only one who has requested help and he doesn't like the long route. He can take the low floor buses back and forth and he does do this. Mayor Houston asked if the problem is that Shawn can't give enough notice in requesting rides. Cm.l\1cCormick stated he is pretty spontaneous. The City Council reviewed the report. No action was taken. ...e.- OTHER BU SINESS 8:51 p.m." Upcomins: Meetings & Events (600-05) Mr. Ambrose advised that next Friday, August 13th 7 we will have another concert here at the Civic Center from 7 to 9 p.m. Mr. Ambrose reported that a Cowboy Gathering brochure came in today and was distributed to the Council. Mayor Houston noted the Cowboy Gathering is the same weekend as Dublin's Pasta Festival, September 11 th and 1 Zth. ....e.-- CIIT COUNCIL MINUTES VOLUME 18 REGULA..R MEETING ;.;....:.:: ;ust 3~ i 9?= :; _L~G= 456 BART Station 0060-30) . Mr. Ambrose stated he and the Pleasanton City Manager recently met with BART and they're looking at ways to make the West Dublin Station project financially feasible. ... DPS National Night Out Annual Event (580-40) Cm. McCormick stated she had a pleasant night out last night at the Neighborhood Watch event and thanked Dublin Police Services for their very good food and the services they provided, and also residents of Dublin who participate in the Neighborhood Watch program. It was a nice event. This is a very valuable service in our community. em. Howard thanked the Police Department for last night; it was a lot of fun. Mayor Houston stated the Swim Center is beautiful. Our big slide will be put in in time for next year. Cm. Zika congratulated the Chief for a good time. He commented the line never seemed to get any shorter. ~ . Compensation for City Council and Commissions (610-20) Cm. 1\1cCormick stated she was reminded recently by setting the compensation for the new Commission that perhaps it's time to do a review of compensation and comparison with other cities. Mayor Houston stated compensation for the Planning Commission and other commissions has never been reviewed. He asked if the Council wanted to review only the Commissions. Mr. Ambrose stated Council compensation is set by the Government Code and could be reviewed. The consensus was to take a look at all. ... CITY COUNCIL MThLJTES VOLUME 18 REGUL,<\,R MEETING . ", r I ~I .~f? "1 O'~:.' ~_.~'---~ ""'~ ~y""""" :: .L.GE 457 . . . ... Auto Dealer Sign Committee (4009-30) Vice !v1ayor Lockhart apologized for missing the Night Out event. She asked about the status of establishment of the auto dealers sign committee. Mr. Ambrose stated an item will be on the agenda of the next meeting to appoint members. Mr. Peabody stated Staff will have recommendations on appointments. . Iron Horse Trail (930-30) Vice Mayor Lockhart commented that on the Iron Horse Trail she sees signs of life. She asked if they are under penalties at this point. Mr. TIlompson stated yes, and they haven't even started on the Pleasanton side. The penalties reduce the cost of the project. ... Liaison Meetin~ with School District (610-05) Mayor Houston stated the City Manager will be meeting with the Superintendent and ask that some dates be set aside for a liaison meeting. Mayor Houston announced that Vice Mayor Lockhart is the new president of DPIE and offered his congratulations. -<tr ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:00 p.m. Mayor ATTEST: City Clerk i~ CIlY COUNCIL MINUTES VOLUME 18 REGULAR MEETING .AUOLlst 3. 128-9 - . ? .4C== 458