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HomeMy WebLinkAbout03-04-1997 CC Adopted MinutesREGULAR MEETING ~ March 4, 1997 A regular meeting of the Dublin City Council 'was held on Tuesday, March 4, 1997, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 6:59 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, 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. CLOSED SESSION 6:59 p.m. I0.1 & 10.2 (640-30) The Council recessed to a conference with Legal Counsel- Anticipated Litigation - initiation of litigation pursuant to subdivision(c) of Government Code Section 54956.9 ~ Two potential cases. REPORT OF CLOSED SESSION ACTION At 7:42 p.m., the meeting reconvened with all Councilmembers present. Mayor Houston announced that no action was taken in the closed session. INTRODUCTION OF NEW EMPLOYEES 7:42 p.m. 3.1 (700-10) Police Chief Thuman introduced new Dublin Police Services Deputies Kerry Jackson and Rebecca Gandsey. Deputy Gandsey has been an employee of the Sheriff's Department for approximately 10 years. Deputy Gandsey stated it was a pleasure to be-here in Dublin as this had been her goal to be able to work in Dublin. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 109 Deputy Jackson has been member of Sheriff's Department for about 8+ years mostly at Santa Rita Jail. He stated it is a pleasure being here in Dublin and he looks forward to giving citizens the level of service they're accustomed to. PROCLAMATION 7:45 p.m. 3.2 (610~50) Mayor Houston read a Proclamation recognizing and congratulating the Dublin/Bray Sister City Association on their 10th Anniversary. Dublin and Bray, County Wicklow, Ireland became sister cities in 1987, and every year since that time, there have been visits back and forth between the two communities. The Proclamation, signed by the entire City Council, was presented to David Blasquez, current President of DSCA. Mr. Blasquez stated on behalf of all those active in the Association he thanked the Council° CONSENT CALENDAR 7:47 p.mo On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of'Regular Meeting of February 18, 1997; Adopted (4.2 360-50) RESOLUTION NO, 10 - 97 DIRECTING PREPARATION OF ANNUAL REPORT FOR CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Adopted.(4.3 $60~20) RESOLUTION NO. 11 - 97 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) CITY COUNCIL MINUTES VOLUME 16 - REGULAR MEETING March 4, 1997 PAGE 110 Adopted (4.4 360-20) RESOLUTION NO. 12 - 97 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & UGHTING MAINTENANCE ASSESSMENT DISTRICT SO-1 (TRACT 5511) Adopted (4.5 360-20) RESOLUTION NO. 13 - 97 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA raTA AREA) Accepted (4.6 600~30) improvements under Contract 96~09, Dublin Swim Center Chlorine System Conversion Project and authorized $19,257 payment to Pool Scene; Received (4.7 600-30) a report on the Mape Memorial Park Renovation project; Authorized (4.9 1060-30) the Mayor to sign and send a letter to BART regarding removal of the BART Contractor's Corporation Yard, expressing concern over the adequacy of parking capacity at the East Dublin BART Station, and expressing interest in another tour of the nearly completed facility; Adopted (4.10 670-40) RESOLUTION NO' 14 - 97 CONSENTING TO SAI F OF EASEMENT TO pACIFIC BELL BY DUBLIN INFORMATION, INC. Adopted (4.1I 300-20) RESOLUTION NO. 15 - 97 APPROVING THE WRITE-OFF OF UNCOIi FCTIBLE ACCOUNTS RECEIVABLE FOR THE FISCAL YEAR ENDED JUNE 30, 1996 Approved (4.12 610-20) the purchase of green lights and the costs to change existing holiday lights at the Civic Center for the City's St. Patrick's Day celebration; Approved (4.13 300-40) the Warrant Register in the amount of $606,956.64. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 111 Mr. Ambrose pointed out that the specifications for the Silvergate Drive Median Landscaping project were displayed Mayor Houston then requested that Item 4.8 be pulled from the Consent Calendar for comments and ch'scussion. Mr. Thompson discussed the ch'splayed drawings of the proposed landscaping and ground cover replacement. Slides were shown illustrating the plans for the areas. Cm. Burton asked if the street would have to be cut to put in a water system. Mr. Thompson responded yes, it would have to be cut. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council authorized (4.8 600~30) Staff to solicit bids for San Ramon Road Landscape Repair and Silvergate Drive Median Landscaping, Contract 97~03. REQUEST FROM BRIARHILL HOMEOWNERS ASSOCIATION FOR TRAFFIC SIGNAL INSTALLATION ON DUBLIN BOULEVARD & HANSEN DRIVE 7:54 p.m. 5.1 (590~40) Public Works Director Thompson advised that the City has received correspondence from the Briarhill Homeowners Association regarding a traffic issue at the intersection of Dublin Boulevard and Hansen Drive. The nature of the complaint is that motorists are having a difficult time exiting Hansen Drive onto Dublin Boulevard since the new Valley Christian School began operations earlier this year. The Homeowners Association is requesting that a traffic signal be installed at this intersection. Mr. Thompson stated Staff suggested that the Council direct Staff to conduct a Traffic Signal Warrant Study at the intersection and bring back the results of the Study in approximately one month for further Council review. The cost of a Traffic Signal Warrant Study would be in the neighborhood of $800 and would be done by the City's Traffic Signal Consultant, TJKM. Cm. Burton stated he goes through this intersection several times a day. He felt everyone is pretty courteous. Mayor Houston felt that at certain times of the day it is a problem. He questioned Staff related to the long term solutions to solve this. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 112 Mr. Thompson stated with the various developments we will eventually propose a signal at Silvergate. The study would show whether we need a signal at each intersection at this point. On motion of Cm. Barnes, seconded by Cm. Lockhart, and by unanimous vote, the Council directed Staff to conduct a Traffic Signal Warrant Study at the Dublin Boulevard/Hansen Drive intersection and bring back the results of the Study in approximately one month for further Council review. PUBLIC HEARING - ADOPTION OF AN ITERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON APPLICATIONS FOR BUILDING PERMITS FOR ACCESSORY STRUCTURES IN AGRICULTURAL ZONES 7:57 p.m. 6ol (450~20) Mayor Houston opened the public hearing. Community Development Director Peabody presented the Staff Report and explained that the City is in the process of revising the City's Zoning Ordinance. As a part of those revisions, the scope of review of accessory structures in the Agricultural Zoning Districts is being evaluated. Recently, the City has experienced conflicts in the areas of urban/rural interface and this ordinance will give the City time to fully study these issues. Mr. Peabody explained that Section 65858 of the Government Code provides for the adoption of urgency ordinances prohibiting any uses which may conflict with a contemplated zoning proposal or study to be undertaken by a local governmental agency within a reasonable time. If approved, this Ordinance will be in effect for 45 days. It can be extended by action of the City-Council for a total period of time not to exceed ten months and 15 days. Additionally, it can be rescinded by the City Council earlier than 45 days if they feel it necessary. This Interim Urgency Ordinance must be adopted by a 4/5 vote of the City Council. Mr. Peabody advised that the draft revised Zoning Ordinance will be completed within the next month, and it is anticipated that it will be available for public review in April, 1997. The revised Zoning Ordinance will address the scope and review for uses and structures in Agricultural Zoning Districts. Right now, we only have 4 properties affected: the kennel at the end of Donlon Way, the Valley Christian Center site, Nielsen's property and the Bukhari property. Cm. Lockhart asked if there had been any contact with the owners of the kennel as she noted it had recently changed hands. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 113 Mr. Peabody said he had not received any comments and understands there has been no activity out there for a long time. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 5 - 97 AN INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON APPLICATIONS FOR BUILDING PERMITS IN AGRICULTURAL ZONES DURING A CONTEMPLATED STUDY OF AN AMENDMENT OF THE ZONING ORDINANCE TO REQUIRE A CONDITIONAL USE PERMIT AND/OR SITE DEVELOPMENT REVIEW FOR ACCESSORY STRUCTURES IN AGRICULTURAL ZONES STATUS OF AGRICULTURAL SHED AND APPROVAL OF LAND USE AGREEMENT BETWEEN THE CITY OF DUBLIN AND SYED BUKHARI 8:03 p.m. 8ol (600-$0/410~20) Community Development Director Peabody presented the Staff Report related to the shed which had been recently built at 8172 Via Zapata. Alameda County zoned the 10 + acre property at 8172 Via Zapata for Agricultural use in 1956. Upon incorporation of the City in 1982, the property continued to be designated for Agricultural uses. A deed restriction on this property, recorded as a result of a Subdivision Map by Alameda County in 1981, permits farm buildings, crops, raising and keeping of cattle, poultry, rabbits and other similar animals on this lot, but no residential uses. Mr. Syed Bukhari purchased this property in April of 1989 and applied for, and in 1995 was granted a building permit for a 50' x 30' agricultural shed on Lot 41 in conformance with the Zoning regulations. No site review was required for this structure by Zoning regulations. The structure was in the process of being built according to building plans approved by the City. Mr. Peabody stated he was pleased to present a solution which addresses Mr. Bukhari's rights and which provides a means for review by the City when and if a new agricultural barn is proposed by the owner. Mr. Bukhari met with Staff numerous times during the month of February. He has been cooperative of the concerns of Staff and understands the need to resolve this issue promptly. He announcedon February 25 that he would remove the structure. His building permit fee for a new barn would be waived. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 114 Cm. Lockhart asked about the knoll where it sits now. Is there a pad there now? Mr. Peabody responded yes there is a foundation there. The metal structure and all the wires will be removed. The foundation is low to the ground and not visible except on the site. Chandler Eason, 11462 Bloomington Way added that at the Planning Commission meeting there was a suggestion that all were in favor of and that was for the City to purchase the property as green space and an open area. There were some prices cited at that time and since then he stated he has been able to ascertain the price of the land bought in 1989 and reported that it was about $298,000. This apparently included the lot and the 10 acres. There are a number of residents that would like to see action ' like this so that nothing can be built in the future. He asked the City Council to consider this alternative, realizing there is a cost to the City to do this. Mr. Taylor, Padre Way, stated he was at the Pianning Commission meeting and there was a round of applause about the City buying this property. He would not want to see this as a public area with limited access, but would rather see it be in private hands. He stated he felt the City is somewhat responsible for what Mr. Bukhad has gone through and felt the City should reimburse some of his costs for removing the tent. Mayor Houston asked what would be involved in putting together an assessment district for the people in the area to purchase the property. Ms. Silver explained that we would have to follow the provisions of the 1972 Landscaping & Lighting Act which authorizes an assessment district to acquire and maintain property. The cost has to be spread over not more than 5 years and the maintenance would then be an annual assessment. The City Council would have to hold a public hearing every year and if the majority of the persons submitting ballots protested then the Council could not impose the assessments. Mayor Houston asked if we could establish an assessment district where the people would own the property. Ms. Silver responded no, this would have to be owned by the City in order to form an assessment district to maintain it. Mayor Houston stated this is all assuming there is a willing seller. A homeowners association could also purchase the property. Mr. Bukhari confirmed that the property was purchased for around $300,000. He is willing to sell the land, but this land has a pretty steep slope. The City would then be CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 115 subject to potential lawsuits. He maintains the sewer systems and pays money each year just to maintain the land. He thanked everybody in the City for working with him and stated he is not in Dublin to create any problem. He wants to build a house and live here and be a part of this community and be a good neighbor. Cm. Burton stated he was very pleased that an agreement had been worked out as it takes the City Council off the hook. On motion of Cm. Burton, seconded by Cm; Lockhart, and by unanimous vote, the Council approved the Agreement and authorized the Mayor to execute the Agreement on behalf of the City. PUBLIC HEARING AUTONATION SITE DEVELOPMENT REVIEW PA 96~055 8:20 p.m. 6.2 (410-30) Mayor Houston opened the public hearing. Associate Planner Ram presented the Staff Report and advised that the AutoNation project includes sales of previously owned vehicles and vehicle service, to be located on a 21 + acre site in the Eastern Dublin Specific Plan Area. This approval would also incorporate design review under the Eastern Dublin Specific Plan. The purpose of Site Development Review is to promote orderly, attractive and harmonious site and structural development. The process of.SDR includes reviewing site plans, landscaping and building elevations along with the review of pedestrian linkages, site circulation and lighting and other items that contribute to a successful project. Ms. Ram showed, a short marketing video related to the AutoNation concept. The AutoNation Project would be located in the Hacienda Gateway area of the Eastern Dublin Specific Plan. Design emphasis in this Gateway is at the corner of Dublin Boulevard and Hacienda Drive (which does not apply to this project). Ms. Ram advised that Staff has worked closely with the applicant on the site design and building elevations to ensure that the site and building designs are compatible with the surrounding uses. The applicant has been very responsive and has created a design that Staff believes will be a benefit to the City. With regard to building elevations, Ms. Ram explained that the design of the 24,060 showroom building is a 360 degree design with decorative awnings on three sides. Viewed from the air, the building has the shape of a cross with a circular element on the roof to screen the HAVOC units. The showroom is a two-story structure constructed out of concrete panels that are painted green, cream and brown. The CITY COUNCIL. MINUTES VOLUME 16 REGULAR MEETING I~larch 4, 1997 PAGE 116 design of the 23,700 service building and 2,300 car wash buildings are in the shape of a rectangle. The applicant was responsive to the City's request that the amount of roll~ up doors be limited and that automobiles be serviced in internal service bays. The service area will be blocked from view from Dublin Boulevard by the construction of an 8' wall which will be reduced to 6' on the east, west and south boundaries of the service area. Ms. Ram stated the project will have perimeter landscaping on all four sides of the project, including 20' of landscaping adjacent to Dublin Boulevard, which will buffer the effect of the wall. The car display area, adjacent the freeway, contains long aisles, broken by a pedestrian walkway with sitting areas and a canopy. The area designed for the main vehicle display area is landscaped along the perimeter and along a central pedestrian walkway, leaving the majority of the area open for viewing from the highway. Cm. Burton asked about the location of a bus pull up as people may be coming there from BART, Ms. Ram stated they are working with the bus company regarding the appropriate locations. They are also providing for bicycle parking near the showroom. They will take a good look at this aspect. Cm. Lockhart asked about their off site service area and where this would take place. Harry Brumley with AutoNation stated their reconditioning center will be in Stockton. He commented that Ms. Ram tells a pretty good story and they were pleased with her presentation. This will bring a lot of tax revenue to Dublin. They will have 5 locations in the Bay Area. The first one in California will be a close race between Irvine and Dublin. Cm. Burton stated he got another call on Sunday from another used auto company. He was surprised about their attitude that this will not hurt all the little businessmen around. Mr. Brumley stated they will not be the cheapest dealer out there. They feel they are feeling a niche in the marketplace that is not out there now. They will also be in the future active players in the new car sales market. Cm. Lockhart asked about their community room and different groups being able to use this as meeting space. Mr. Brumley stated this is correct. A store manager will have a budget that they will work with the community to arrange things for special interest groups and the use of CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 117 the room is for the community. Someone local will be hired. The outdoor pavilion is adjacent to the community room. Cm. Barnes stated the 5 Dublin Councilmembers are 5 of the most active people when it comes to community groups. Mayor Houston felt this will be a real asset to the community. Cm. Lockhart stated the Chamber will be happy to see them. Cm. Barnes indicated the Women's Club also, and Cm. Burton stated he had dibs for the Rz)tary. Mr. Brumley stated they have another 20 locations under construction. They will be closing on the Dublin property very shortly. They announced last week that they purchased Alamo and National and they are second only to Hertz in the car rental business. Dublin is at the beginning of something very big. Cm. Barnes stated she will be traveling to the Dallas/Ft. Worth area soon and asked if their colors are universal. Mayor Houston stated Dublin will look forward to beating Irvineo Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 16 - 97 APPROVING THE SITE DEVELOPMENT REVIEW APPLICATION FOR AUTONATION PA 96-055 PUBLIC HEARING OPUS DEVELOPMENT AGREEMENT PA 96~020 8:43 p.m. 6.3 (600~60) Mayor Houston opened the public hearing. Associate Planner Ram presented the Staff Report and advised that as part of the Opus Business Park Project, an Ordinance has been proposed which would approve a Development Agreement between the City of Dublin and the Alameda County Surplus Property Authority. The DA is required by the Eastern Dublin Specific Plan. Items in the DA include the financing and timing of infrastructure, payment of traffic and public facilities impact fees, oversizing of roads and general provisions. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 118 Ms. Ram explained that the Development Agreement furthers the goals of the General Plan and Eastern Dublin Specific Plan by requiring new development to fund the costs of its infrastructure and service. The City of Dublin and Alameda County Surplus Property Authority have agreed on the sequencing of infrastructure construction, the payment of impact fees and other items required by the Eastern Dublin Specific Plan. Mr. Cashman stated he was present to support the Development Agreement. He wanted to raise an issue which had to do with one provisions that required the City Council approval of any transfer or assignment. To close this transaction a number of things come forth. Any proposed transfer must be submitted to the City and the City Council would need to review it and approve it. They have never resolved this issue and he requested that the City consider removing this provision. It would involve removing 2 paragraphs. There really isn't time to go through this process. There may be a score of transactions during the next 3 to 10 years. They will all be pro~forma transactions. This DA will be recorded on every property once it is approved so any future purchaser would be aware of it. He apologized for bringing this up at the last minute. Mayor Houston stated he understood the reason for requesting this, but asked that Ms. Silver respon& . Ms. Silver stated it could be changed to City Manager review instead of the City Council. Mr. Cashman stated they are concerned that it would lengthen the process. Ms. Silver stated if the change were to substitute the City Manager for the City Council, it would perhaps change the time period. The City Council must approve a transfer within 30 days. If the City Manager may approve it the 30 days could be shortened. These changes could be made tonight. Mr. Cashman stated John Greet has finally gotten the right tenant. Mayor Houston clarified that once the agreement has been completed there is no longer any obligation to report to the City Manager. Ms. Silver explained the purpose of the provision. The way it is written it says the developer shall provide notice of the transfer. Once the project is built out and there are no more rights under the DA there would no longer be a purpose to notify the City. John Greer, Vice President of Opus Southwest Corporation thanked everybody for their cooperation in getting the project to this point. They will be coming in for a SDR for 400,000 square feet in 3 buildings. Humphrey Instruments will bring 350 employees CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 119 to this area. They are a wonderful addition to the business park. Their search process took the better part of a year. They looked at 6 other locations and opted for DUblin. Cm. Burton asked about transportation coming in and using BART and the bus for people coming from San Leandro. He asked if they had incorporated using BART and the bus into their planning instead of driving. Mr. Greet stated they are about I/2 mile from the BART station. The President of the company lives over on the Peninsula. They chose Dublin because of all the amenities. They chose this location because of the high tech type of business office atmosphere. They wanted an R&D location and they felt this would be the best environment for them. They are part of a German company. They are building a 200,000 sq. ft. building and they will be taking about 130,000 initially with options to take more space. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council waived the reading with modification for the CM to okay any changes and 30 day be changed to 10 days and Introduced the Ordinance and continued the public hearing to March 18, 1997. RECESS 9:02 p.m. Mayor Houston called for a short recess. All Councilmembers were present when the meeting reconvened. PUBLIC HEARING BJ DUBLIN COMMERCIAL PLANNED DEVELOPMENT DISTRICT REZONE AND TENTATIVE PARCEL MAP PA 96~050 9:10 p.m. 6~4 (450~30) Mayor Houston opened the public hearing. Senior Planner Cirelli presented the Staff Report and advised that an application has been filed for a new PD Rezoning District and Tentative Parcel Map for the BJ Dublin Commercial site of 7.5 + acres located near the northeast corner of Dublin Boulevard and Dougherty Road. The project site also includes two City of Dublin remnant parcels. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 120 Ms~ Cirelli explained that the intent of a PD District is to create a more desirable use of the land and a better physical environment than would otherwise be possible under a single zoning district or combination of zoning districts. Ms. Cirelli stated the project site lies within one of the gateways, or entries into the City of Dublin and Eastern Dublin Specific Plan area. The PD District will incorporate architectural design elements and themes, such as using the integral coloring of concrete and stucco that ensures high quality design for gommercial development that will be visible and attract many passersby traveling on Dublin Boulevard and Dougherty Road. The project site will have vehicular access along Dublin Boulevard and Dougherty Road. The PD Rezone request also includes a Master Sign Program regulating signage for all future development on BJ Dublin Commercial parcels. Ms. Cirelli stated the BJ Dublin Commercial's '11 owner/user parcels will have CC&R's dictating infrastructure, landscaping and driveway installation and maintenance responsibilities. Cm. Burton stated he was interested in traffic circulation and saw 7 entrances to the project. He asked if there will be a median strip on Dublin Boulevard in the future. He wanted to make sure we don't close off businesses. We need to be conscious of these concerns° Ms. Cirelli stated there will be ultimately 6 lanes on Dublin Boulevard and there will be a median strip. Staff displayed a drawing showing the entrances and how traffic would circulate. John Moore with J Patrick Land Company addressed the Council and discussed changes that have occurred to the plan from 1994 to today. They are currently working with Greg Reuel to finalize a sit down restaurant for a 40,000 sq. ft lot. The majority of the property is currently under contract for end users. He discussed east and west traffic and the median physically in 'place. They will have recorded documents related to interim left turn locations. They will definitely need U-turn capability at two locations. They also need eastern access out of the property for those going to the BART Station, A solution needs to be worked out. Cm. Burton asked if parking lots would be accessible from one another. Mr. Moore stated the project is designed for common access, so there will be cross parking and circulation. No testimony was entered by any member of the public relative to this issue. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 121 Mayor Houston closed the public hearing. Cm. Burton stated he wished to encourage eastern acceleration in the future as part of the motion. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 17 - 97 ADOPTING A NEGATIVE DECLARATION FOR PA 96-050 BJ DUBLIN COMMERCIAL PLANNED DEVELOPMENT (PD) DISTRICT RFTONE AND TENTATIVE PARCEL MAP and RESOLUTION NO, 18 - 97 APPROVING AND ESTABliSHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT RF?ONE CONCERNING PA 96-050 BJ DUBliN COMMERCIAL and RESOLUTION NO, 19 - 97 APPROVING PA 96-0§0 DUBliN COMMERCIAL TENTATIVE PARCEL MAP and waived the reading and INTRODUCED the Ordinance. PUBLIC HEARING ~ ORDINANCE IMPOSING AN EXCISE TAX FOR EMERGENCY MEDICAL SERVICES 9:51 p.m. 6.5 (630~$0/520-70) Mayor Houston opened the public hearing. Assistant City Manager Rankin presented the Staff Report and advised that in order to comply with the requirements of Proposition 218, local agencies which wish to receive funding for local Paramedic Services after July 1, 1997, must have a measure submitted to the voters. Based upon direction from the City Council, Staff prepared an ordinance which will impose a special local tax ($10 per single family residential unit and $6 per multi-family unit) for EMS Services. Proposed Annual Tax Rates for non- residential parcels do not exceed $70. A higher level of EMS serVice will be available CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 122 by having paramedics on the Fire Units. The tax will only become effective if it is approved by 2/3 of the voters at a June 3, 1997 election. Mr. Rankin explained that if enacted, the proposed EMS tax would generate approximately $71,530 in FY 1997-98, which is approximately $44,200 more than was generated in FY 1996-97 by the EMS Supplemental Assessment. The estimated costs for the election are $14,850. The Emergency Medical Services Tax would provide funding for some of the costs of supervising, training and compensating firefighter/paramedics, purchasing required equipment and supplies and maintaining such equipment and supplies. The funds would offset a portion of the costs associated with having two firefighter/paramedic units on duty 24 hours a day to respond to calls for emergency medical services. The average time a person must wait for Advanced Life Support will be cut in half from 10 to 5 minutes. The EMS District is placing a countywide special tax measure on the ballot in the amount of $21.14 per Benefit Unit to provide for a continuation of funding for the ambulance subsidy, the trauma centers, emergency medical dispatch and other aspects of the County program. The proposed City tax is separate from the proposed EMS District tax. If the City tax passes and the EMS District tax fails, the CitY will still be able to use the tax proceeds for Emergency Medical Services. The availability of emergency medical services is a benefit to all occupants of property even if such services are not presently used by an occupant. Such services will enhance the health, safety, welfare and environment of all residents of Dublin and improve their quality of life both directly and indirectly. According to the County Assessor's records, approximately ¢9% of Dublin's residential units are owner- occupied and approximately 66% of all parcels are occupied by the property owner. The proposed tax would be an excise tax because it is a tax on the privilege of using and the availability of use of emergency medical services. Because the tax proceeds will be deposited in a special fund to be used for emergency medical services, the tax is a special tax requiring a 2/3 vote. Mr. Rankin explained that although the proposed ordinance would become effective immediately because it provides for the usual expenses of the City, consistent with Proposition 218, the tax itself would not become effective unless approved by a vote of 2/3 of the electorate voting at the June 1997 election. Cm. Burton asked how we will look at the 5 minute versus 10 minute response time. Will there be a record keeping over a period of time? What happens if we don't meet the goal? Is this an objective or a requirement, and who's checking? CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 123 Mr. Rankin stated the County agreement requires them on an average 90% of the time to meet the response time or penalties are applied, In our case with the fire service providers in establishing locations, we've attempted to take this into consideration. Mr. Ambrose stated the thing the community really gets by adopting this program will be a minimum of 3 paramedic units 9.4 hours a day, sometimes 4 units. This is 3 positions for each engine company. There will be $ paramedic units in town. Transport will still be done by ANR. The County's special tax provides a subsidy to the current transport company. If their tax doesn't pass, there could be a transport problem. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6 - 97 and AN URGENCY ORDINANCE IMPOSING AN EXCISE TAX FOR EMERGENCY MEDICAL SERVICES SUBJECT TO VOTER APPROVAL RESOLUTION NO. 20- 97 8UBMll-[ING A PROPOSITION TO THE VOTERS OF DUBUN TO ADOPT AN EXCISE TAX FOR EMERGENCY MEDICAL SERVICES; CAI I lNG A SPECIAL ELECTION AND CONSOUDATING THE SPECIAL ELECTION WITH A SPECIAL COUNTY ELECTION ON JUNE 3, 1997; AND RELATED MAT[ERS and RESOLUTION NO. 21 - 97 REQUESTING THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY TO PERMIT THE REGISTRAR OF VOTERS TO PROVIDE SERVICES FOR THE CITY OF DUBLIN SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 3, 1997 and adopted the Budget Change Form. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 124 EVALUATION OF DUBLIN'S NEIGHBORHOOD PREPAREDNESS PROGRAM 9:45 p.m. 8.2 (520~30) Community Safety Assistant Johnson presented the Staff Report which evaluates Dublin's neighborhood preparedness activities and gives a summary of related disaster 'preparedness programs. Mr. Johnson noted that the City of Dublin currently offers a comprehensive/multi~ faceted Disaster Preparedness Program which benefits the residents. The program consists off Emergency Sheltering Plan; Disaster Service Worker Program; Comprehensive Staff Training; Disaster Plan Development; and Regional Coordination. Cm. Lockhart asked about the quarterly program and if there is no charge for this. She asked if there had been any attempt to reach certain groups like the service clubs. Mr. Johnson stated he would anticipate that we would contact people to let them know what's available. Cm. Lockhart stated she felt the Chamber newsletter would be a good source for information° Cm. Burton asked if we might incorporate this with our Neighborhood Watch Program and they could assign a neighbor to be their representative with this program. They could check and help people with services and let them know what's available, This way, personal contact could be expanded fairly easily. He felt this would give it a lot more prestige. cm. Barnes stated this is what is going on on Circle Way. They have worked very well at putting this together. It has got to be people helping people. For 72 hours they may not be able to receive other help. Local service clubs are already working on this. Mr. Ambr°se stated this is the vehicle we have used in the past. We have not had much success through the Neighborhood Watch Program. There is a substantial time commitment° On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council authorized Staff to continue the City's existing Multi-Faceted Disaster Preparedness Program, and to work with Alameda County Fire Department to initiate the Neighborhood Emergency Team Program. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, ! 997 PAGE 125 STONERIDGE DRIVE SPECIFIC PLAN AMENDMENT (STAPLES RANCH) ROAD IMPROVEMENTS (CITY OF PLEASANTON) 9:57 p.m. 8.3 (420-50) Senior Planner Carrin~ton presented the Staff Report and advised that a statement of intent in the form of a letter to the Pleasanton City Council has been prepared indicating the City of Dublin will send representatives to an April workshop on the SPA and to subsequent public hearings to ensure that its concerns about road improvements to the I-$80/E1 Chart. interchange are addressed through appropriate conditions of approval. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council authorized the Mayor to sign and send the letter to the Heasanton City Council. PUBLICATION OF AGENDA HIGHLIGHTS 10:00 p.m. 8.4 (610-20) City Clerk Kay Keck presented the Staff Report and advised that per Council direction, Staff had looked into the possibility of publishing agenda highlights as a result of a request of Dublin resident, Elliott Healy. Annual publishing costs would range from $3,000 - $15,000 based on the last 5 year average of 28 City Council meetings per year. Ms. Keck explained that since Dublin's agendas are typically completed and distributed on Thursday evenings or Fridays prior to a Tuesday City Council meeting, the publication deadlines could be problematic, unless the City only identified a few of the major topics to be considered by the Council. Ms. Keck explained that the City currently utilizes several different means of providing the public with notification regarding City Council meetings. Staff routinely faxes a copy of each agenda as soon as it is finalized to CTV 30 which is then able to run highlights over the weekend. Agendas are also posted in the Kiosk outside of the Civic Center (accessible to the public 24 hours per day), delivered to the Dublin Library for posting, and routed to the Shannon Community Center for posting. In addition, anyone from the public can come into the City Clerk's Office on Fridays, Mondays, or Tuesdays and pick up their own copy of the agenda at no charge. Staff also maintains an annual City Council agenda subscription list for a charge of $40 per year. There are currently about 65 people on this subscription list. Ms. Keck advised that should the City Council wish to pursue publishing highlights, Staff should be directed to include funding in the 1997-98 Budget. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 126 Mayor Houston asked about the huge ~difference in publishing costs. Ms. Keck explained how she derived the information presented in the Staff Report. Cm. Burton felt the City should put in ads for special meetings only. If people are interested, they must make an effort. Additionally, the meetings are now televised, so people can keep themselves informed. Cm. Barnes stated she felt we should be sensitive to Mr. Healy's request but in light of possibly spending $15,000, this was a considerable amount of money. She didn't feel Staff could meet the deadlines also. A lot of people may not be aware that they can be on a mailing list. Hopefully we will soon have information about Council meetings on the Internet. Mayor Houston stated he wouldn't want the City Manager or the City Clerk or the Mayor or City Council to have to decide which items get listed in the highlights. He pointed out that just publishing a few lines could cost about twice what it costs to televise the City Council meetings. Ms. Keck stated in talking with some of her fellow City Clerks, this seems to be a common complaint. People say they didn't see something published, or they question why it was in one newspaper and not in another. This occurs even in cities that publish everything. Cm. Barnes summarized that Staff should make sure people know about the annual subscription. Service clubs could share them should they desire. Mr. Ambrose stated Staff could make sure something about the availability of subscription gets into the City's newsletter that goes out to all residents. OTHER BUSINESS I0:11 p.m. Green & White Dinner/St. Patrick's Day Event by DSCA (950-40) Cm. Howard reminded everyone of the Green & White dinner on March 14th. It will be at the Dublin Park Hotel ~ Best Western. We will have several guests visiting from our Sister City of Bray, Ireland. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, .1997 PAGE 127 Street Lighting Problem (820-35) Cm. Lockhart asked Mr. Thompson if the street light situation at Shannon is up and rolling again. Mr. Thompson said it should be; they went out and looked at it and it was his understanding that they replaced the whole head. League of CA Cities East Bay Division Meeting (140-25) Cm. Barnes stated the East Bay Division, LOCC meeting March 20 is being held at the San Ramon Marriott which is close to home. She and Cm.'s Howard and Lockhart will be going and she invited the Mayor and Vice Mayor to join them. Music ~_, Almond Plaza Center (470-1 O) Cm. Barnes stated she had occasion today to be at the Almond Plaza Center and had the most pleasurable walk around the center. They've installed music and it is the most relaxing thing. She complimented the center on this very pleasant addition. DSRSD Water Rates Task Force (1000-20) ~',~ .~. ~ Cm. BarneSo. stated~'~b"~l~S ~gk o water Rates. Task Forcelwould like~o send a letter-t,~ 'qJ,~Lt4. form a similar task force hawng to do w~th sewer rates. We have to evaluate these~t~ rates with new restaurants coming in. Dublin's future would be served by also looking at these rates. Cmo Lockhart, the City's representative on the Water Task Force, reported that the group is working really well to put together some ideas for the Board to consider. They've come a long way and gotten some difficult questions on the table. It is difficult to separate water from sewer and there are reasons for rates for both. She has high hopes that the task force will come back to their next meeting with a first draft of their report which should be of interest to all concerned. The information for residents of Dublin will be some very in-depth looks at water and alternatives. She felt people will find that the task force has asked the hard questions and gotten answers from the District° She felt this will help the entire community to understand. She has high hopes for the final report. CItY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 128 Illegal Signs & Banners (400~$0) Mayor Houston asked how the enforcement was coming along with regard to illegal signs and banners in the community. Mr. Peabody stated we are down to about 20 that need remedial action, above normal visiting and telling them. Enea Plaza has been pretty much cleaned up. There were over 300 starting out. Some have gotten permits and they have a right to do short term type things. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:18 p.m. COtY Clerkk-' Mayor CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING March 4, 1997 PAGE 129