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HomeMy WebLinkAbout07-05-2000 Adopted CC MinutesREGULAR MEETING - July 5, 2000 A regular meeting of the Dublin City Council was held on Wednesday, July 5, 2000, 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: ABSENT: Councilmember Zika, Vice Mayor Lockhart and Mayor Houston. Councilmembers Howard and McCormick. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the. pledge of allegiance to the flag. CLOSED SESSION lo.1 (¢40-30) At 7:08 p.m., the Council recessed to a closed session to conference with Legal Counsel ~ Anticipated Litigation ~'Significant exposure to litigation pursuant to Subsection (b) 54956.9 of the Government Code ~ TWO potential cases. REPORT ON CLOSED SESSION ACTION At 7:23 p.m., the City Council meeting reConvened with all Councilmembers present (Cm. Howard and Cm. McCormick absent). Mayor Houston announced that no reportable action was taken. CONSENT CALENDAR 7:24 p.m. Items 4.1 through 4.7 Cm. Zika pulled Item 4.4 related to accepting improvements of Emerald Glen Park. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, 2000 PAGE 302 On motion of Vice Mayor Lockhart, seconded by Cm. Zika, and by unanimous vote (Cm. Howard and Cm. McCormick absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 20, 2000; Authorized (4.2 600-35) Staff to solicit bids for Capital Improvement Project #9393, Civic Center Re-Roof, Phase 2 (Police Wing); Authorized (4.3 600-40) the Mayor to execute an agreement with Alameda County for 2000-2001 Library Services (21 City-funded hours per week, and library materials); Authorized (Item 4.5 600-30) the Mayor to execute an amendment to the agreement with Artist Roger Berry for temporary display of sculpture "Sisyphus" at the Civic Center; Accepted (Item 4.6 600- 35) improvements constructe3d under Contract 99-14, Median Paver Repair and authorized the release of $9,591.15 retention after 35 days if there are no subcontractor claims; Approved (4.7 300~40) the Warrant Register in the amount of $654,828.68. Ms. Ix)wart advised that with regard to Item 4.4, acceptance of Contract 99~04, Emerald Glen Park Improvements, Staff recommended that this item be continued to the July 18th City Council meeting. The Staff Report says improvements are complete, and this statement is not correct. Improvements are not yet complete. The Council agreed that this item be continued. PUBLIC HEARING KINDERCARE PLANNED DEVELOPMENT REZONE, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PA 00-004 7:26 p.m. 6.1 (450-30) Mayor Houston opened the public hearing. Senior Planner Dennis Carrington presented the Staff Report and advised that KinderCare is proposing to construct a 9,824 square foot day care center with a maximum capacity of 180 children on 1.2 acres located at the northwest corner of San Ramon Road and Amador Valley Boulevard. The proposed project consists of constructing and operating a CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, 2000 PAGE 303 new KinderCare day care facility on the western portion of a large lot made up of four parcels of land which have been consolidated into one parcel. The main entrance onto the site is from Amador Valley Boulevard, and the main entrance into the building will be on the eastern side. Flay areas will be located on the north, west and south sides of the building. The site plan shows a total of 40 parking spaces. Mr. Carrington stated the site is designated Retail/Office on the General Plan. A day care center is consistent with this designation. The proposed day care center will be compatible with the surrounding residential and commercial uses, especially the Montessori School across the street within the Stroud's Plaza Shopping Center. Mr. Carrington advised that a CUP is required by the Zoning Ordinance for a day care center (15+ children) and by the San Ramon Road Specific Plan for a community facility such as a day care center, and to allow the waiver of up to 25% of the required parking if sufficient evidence is provided that the parking is not necessary. KinderCare is requesting an exemption from the parking requirements. The Zoning Ordinance requires 53 parking spaces for the project. Twenty parking spaces are adequate for the project based on TJKM's research completed for two other KinderCare facilities in the Tri~ Valley. The KinderCare site plan currently provides 40 parking spaces, which reflects a 25% reduction from the required 53 parking spaces. This number of spaces will be more than adequate for this project. Mr. Carrington discussed site development review issues, including design, visual screen, circulation pattern, street improvements, traffic through the Kildara development, traffic improvement funds, geologic hazards, geologic and soils report, and signage. The main architectural theme of the building is California Spanish architecture. The facility will be fenced with a 6' high wrought iron fence on the south and north. An 8' high soundwall will be provided on the western property line as a visual and noise buffer. A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act, State CEQA Guidelines and the City of Dublin Environmental Guidelines. The City Council approved the Negative Declaration for the Rite Aid/ KinderCare project on April 6, 1999. All potential impacts associated with the project have been, or will be addressed, either through the redesign/reconfiguration of the project, and/or through conditions of project approval. Mr. Carrington distributed a revised parking design, which is the final design of the project. He stated the Conditions adopted previously still apply with regard to signage about people cutting through Kildara to reach Donlon Way and $5,000 will be given to Kildara for them to use as traffic mitigation. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, 2000 PAGE 304 Cm. Zika asked about the 8' wall and what it will be made of Mr. Carrington responded that it will be concrete & masonry. Cm. Zika asked about the utility easement, and how this will impact developing the front piece of property. Can they develop over this? Mr. Carrington replied this is between the two developers and property owners. All the properties are owned by Mr. Nichandros or trusts that he is a party to, so this should not be a problem. Cm. Zika stated he is concerned that we don't have development for the front piece of property and if there is the easement through there, a developer would have to figure out how to deal with this. Mike Majors representing KinderCare stated it has been a pleasure working with Mr. Carrington on this project and stated they would like to move forward with this development. The 10' easement is for a utility easement, but he assumed there would be building setbacks. Easements can be landscaped, so there would not be a gap, per se. You could not put a building over the easement. Mr. Carrington stated a C-1 zone typically has no set backs. Since Mr: Nichandros or a trust owns all 4 of the parcels involved, it's only a matter of them vacating the easements, or changing them to suit their needs in order to allow development. Mr. Majors stated management of KinderCare will do everything in their power to mitigate the noise levels. Their coordinator will be notifying parents of children who attend there to not use access through Kildara. Mark Moore with KinderCare stated with regard to the easement, they will place it right at the back of the sidewalk when that Property is built out. They had thought about what Cm. Zika said. They just want to be good neighbors. They feel there is a need for childcare and if you go next to residential, it's important to do it right. They will contribute $5,000 to Kildara and understand they are kicking around several ideas. They will use it in the best means possible. They are willing to talk to any community members. They really want to work with people. They are not just going to build this and walk away. Cm. Zika asked if he had anything to do with the design or operation of the one in Pleasanton. They have a 10' concrete block wall and neighbors complain about the noise CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, 2000 PAGE 305 there. He ran around the neighborhood and knocked on doors. People said they complain constantly and nobody listens to them. Mr. Moore apologized and said their CUP is just that, conditioned upon them meeting all the conditions set forth. Jerry Stivers stated the facility in Pleasanton abuts right next to residential. They are in the back yard of those houses, but that is what was approved 20 years ago in Pleasanton. They would not approve something like this today. Nina Wixson, 7403 Cronin Circle stated she is disappointed that the property will not be developed as more of a unified plan. This is an important entry point in the City. It's too bad that KinderCare couldn't find a partner to develop the other properties. They feel that the main access should not be off Amador Valley Boulevard because of cut~through traffic. They are not widening the road to allow for additional lanes, but just to allow people to turn into their place. They feel the main access should be off San Ramon Road. She stated-she was glad they aren't putting signage on Amador Valley Boulevard. Traffic and congestion would be better as well as avoiding cut~through traffic if the entrance is on San Ramon Road. They have planted Oleander bushes and maintained them for 12 years now as an entrance to their project and she stated she hopes that there will be some landscaping with the easement. They are requesting full size canopy trees as they don't want to wait 20 years for them to provide visual aid. While 60' may sound like a lot, Kildara has 2~story homes so some people will be level with the noise and some will be above. They feel that the Kildara community is somewhat secondary to what KinderCare is planning. She spoke with Mike Stella in Public Words and he agreed With them that signage probably won't work to keep people from cutting through their development. They have lived very well with all the other retail businesses. They have young families, elderly, singles, etc., in their community and want the City Council to remember this. Josephine Distefano, 7423 Tehan Court stated she has been a resident of Kildara for 5 years. She agreed with Nina about the canopy trees and would like to see rather than a solid wall, some kind of trellis and vine growing over it, rather than just looking at a cement wall. She also noted that there is a trash bin shown on the drawing, and suggested that it be moved further east as it currently backs up to her bedroom, more or less. She stated Ms. Wixom's comments represent all the people in Kildara. Mayor Houston closed the public hearing. Vice Mayor Lockhart asked with regard to the landscaping issues, for comments as to the whole issue of doing something with the wall and also about the size of the trees. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, 2000 PAGE 306 Mr. Carrington stated there has been a 6' tall wall there since Kildara was built, so they are only looking at a 2' extension. There should be existing vegetation on the Kildara side that would continue growing up to the height of the 8' wall. Mark Moore stated they will need to see where the wall falls with regard to the property line, and if all these things fall into place, they will simply extend the wall. Otherwise, they will need to go in and build their own wall 8' high. This is really a technicality. They will work out the details. One way or the other, they will make it look right. Mr. Majors stated they currently have 25 gallon trees proposed. This would be approximately an 8' to 10' tree. Mr. Carrington stated more mature trees don't do that well when transplanted. Mr. Moore stated the proposed trees would be in 24" boxes which would be fine, but if they need to work this out with Staff, they will do so. These will be adolescent trees. Mr. Carrington's statement about larger trees not doing well was correct. Mayor Houston clarified that we need to determine exactly where the wall will be. Mr. Majors stated they did survey this, and the wall is on Kildara's property. They will consult the neighbors before they proceed. Ms. Silver stated Condition #$0 deals with the block wall and suggested that the City Council may want to modify the language to say that an 8' wall will be provided when measured from the KinderCare site. This could be as an extension to Kildara's existing 6' wall if permission is obtained from Kildara, or it may be a new 8' wall. They should work out the details with the Kildara people. If the Applicant/Developer Cannot get permission to extend the height of the wall on the Kildara property, they shall construct an 8' tall soundwall to the satisfaction of the Director of Community Development on the KinderCare property along the western project property boundary between the KinderCare and the Kildara residential community. Cm. Zika stated he is not in favor of this as he did not feel they have addressed the noise and traffic with the neighbors properly. The front piece will be a vacant piece of land forever because there is not room for a Significant project, due to the easement and the earthquake fault. He stated he also misses the hardware store. This property will be an eyesore forever. CITY COUNCIL MINUTES VOLUME l0 REGULAR MEETING July 5, 2000 PAGE 3O7 On motion of Vice Mayor Lockhart, seconded by Mayor Houston, and by majority vote (Cm. Howard and Cm. McCormick absent), the Council waived the reading and INTRODUCED the Ordinance, and adopted (with Condition #30 amended as discussed): RESOLUTION NO. 123- 00 APPROVING A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER, WAIVING A PORTION OF THE PARKING REQUIREMENTS AND APPROVING A SITE DEVELOPMENT REVIEW FOR THE KINDERCARE PROJECT PA 00-004 Cm. Zika voted in opposition to the motion. WESTERN EXTENDED PLANNING AREA URBAN LIMIT LINE BALLOT OUESTION AT NOVEMBER 7, g000 ELECTION 8:08 p.m. 7.1 (630-20) City Attorney Elizabeth Silver presented the Staff Report and advised that in February of 1999, the Council adopted a Resolution placing a measure on the November 2000 ballot, which included the question to be printed on the ballots (the ballot question). Resolution No. 24~99 phrases the ballot question as follows: "Shall a Resolution be adopted to amend the City of Dublin General Plan to establish an Urban Limit Line in the Western Extended Planning Area for a period of 30 years?" Ms. Silver advised that Morgan King, a Dublin resident, has suggested that the Council revise the ballot question to read as follows: "Shall a Resolution be adopted to amend the City of Dublin General Plan to establish an Urban Limit Line in the Western Extended Planning Area for a period of 30 years, and to require that the Urban Limit Line may be changed only by a vote of the people of Dublin during the effective period?" Ms. Silver stated the Council may revise the ballot question if it does so no later than the August 1st Council meeting, as long as the ballot question does not exceed 75 words and it states the nature of the proposed measure. Cm. Zika stated he doesn't mind the revision. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, 2000 PAGE 308 On motion of Cm. Zika, seconded by Vice Mayor Lockhart, and by unanimous vote (Cm. Howard and Cm. McCormick absent), the Council adopted RESOLUTION NO. 124- 00 AMENDING RESOLUTION NO. 24-99 REGARDING A MEASURE TO BE SUBMITTED TO THE VOTERS TO ADOPT AN URBAN LIMIT LINE IN THE WESTERN EXTENDED PLANNING AREA AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 7, 2000 EMERALD GLEN PARK DEDICATION 8:15 p.m. 8.1 (920-60) Parks & Community Services Director Diane Ix)wad presented the Staff Report and advised that Staff has developed a tentative event plan for the dedication ceremonies of the new Emerald Glen Park and included funds in the FY 2000~2001 Budget. Staff recommended scheduling the dedication on either Saturday, September 23~a or $0th, from 10:00 a.m. to 2:00 p.m. Ms. Lowart discussed the various components of the dedication which will feature entertainment and activities geared toward families. The City Council indicated they liked all the plans. Vice Mayor Lockhart suggested they have the event on September 23~d so to not conflict with the Pasta Festival in October. By a consensus, the Council selected the date of September 25~d for the dedication and directed Staff to move forward with planning the event. OTHER BUSINESS 8:18 p.m. Mr. Ambrose stated we will have the summer kickoff concert on Friday evening, July 14th. CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, 2000 PAGE 309 Mayor Houston advised that the 5 concerts being held this year will be on consecutive Friday evenings here at the Civic Center. They start on July 14th and then will run every Friday night for a total of 5 Fridays. Mr. Ambrose advised that July 17th is National Night Out. It begins at 6:30 p.m., at the Shannon Community Center. The Police Department will furnish grilled hotdogs and hamburgers. Everyone is invited to attend and asked to bring a side dish. Vice Mayor Lockhart stated we have a new business in town; Lucy's Tender Loving Care Home on Amador Valley Boulevard has just been licensed. She congratulated Lydia and stated we are happy to have her in Dublin. She also lives there Vice Mayor Lockhart reported that she attended the Sister City International Conference in Denver last week and came back with a lot of good information. She gave a T-shirt with the SCI logo on the front to the Mayor to wear when he runs. She advised that she has some exciting information and ideas to put together some economic development or cultural activities with additional cities. She will bring back a plan at some future date. Vice Mayor Lockhart reported that Saturday morning there is a dedication of the commemorative tree at the Heritage Center for Joe Lochman at 10:00 a.m. The Dublin Sister City Association is coordinating this. When you pull into the parking lot it is within the row of trees on the right hand side. ADJOURNMENT 11.1 There being no further business to come befoTM the Council, the meeting was adjourned at 8:22 p.m. ATTEST: Mayor CITY COUNCIL MINUTES VOLUME 19 REGULAR MEETING July 5, :2000 PAGE 310