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HomeMy WebLinkAbout11-18-1997 CC Adopted MinutesREGULAR MEETING - November 18, 1997 A regular meeting of the Dublin City Council was held on Tuesday, November 18, 1997, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:00 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. None CLOSED SESSION 7:00 p.m. 10.1 (600-30) The Council recessed to a closed session for a conference with Labor Negotiator (Government Code Section 54957.6) - City Negotiators: Mayor Houston and Cm. Barnes - Unrepresented Employee: City Manager Ambrose. REPORT OF CLOSED SESSION ACTION 7:08 p.m. Mayor Houston announced that no action was taken in the closed session. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. INTRODUCTION OF NEW EMPLOYEES 7:09 p.m. $.1 (700~10) Assistant to the City Manager Texeira introduced Sue Barnes, the new ~vlanagement Assistant in the Administrative Services Department, who began her employment with the City on November 5th. She worked previously for the City of Davis and also the University of Davis. She holds a BS Degree from Western Washington University. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 440 Police Chief Thuman introduced new Dublin Police Services Deputy James Del Rio. He has been with the Alameda County Sheriff's Department for more than 9 years and has a varied career. Most recently he was a patrol officer with ETS. He came to Dublin on October 19th. Deputy Del Rio stated it has been a pleasure working here so far. It is a great City and hopefully he can make it even better. PROCLAMATION TO LYNNE SCHAACK 7:12 p.m. 3.2 (610~50) Mayor Houston read and presented a proclamation to Lynne Schaack who was recently seIected as Parks Reserve Forces Training Area (Camp Parks) 1997 Civilian of the Year. A City Key Pin and Dublin Town tape were also presented to Lynne. CONSENT CALENDAR 7:16 p.m. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 4, 1997 (Cm. Barnes abstained); Approved (4.2 600-30) the City's continued participation in the NORCAL Employment Relations Training Consortium and authorized the City Manager to execute the agreement; Authorized (4.3 660~40) the City Attorney to add the City of Dublin to the amicus brief in the case on appeal, Long Beach Heritage vs. Board of Harbor Commissioners; Approved (4.4 600~$0) an amendment to the Agreement with All City Management Services, Inc., for Crossing Guard services, authorized the City Manager to execute the amendment, and approved the Budget Change Form; COUNCIL MINUTES VOLUME 16 REGULAR MEETING 'November 18, 1997 PAGE 441 Adopted (4.5 ¢00~30) RESOLUTION NO. 136 - 97 AWARDING CONTRACT 97-05, DOUGHERTY ROAD IMPROVEMENTS/ANNUAL OVERLAY PROJECT TO TEICHERT CONSTRUCTION ($771,147) Accepted (4.¢ ¢00~50) improvements under Contract 97~10 (Heritage Center Parking Lot); authorized $49,847.¢7 payment to Bay Cities Paving and Grading, Inc., for their final invoice and release of $5,558.¢5 retention after 55 days if there are no subcontractor claims; Approved (4.7 500-40) the Warrant Register in the amount of $251,760.37. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF TURAN RESIDENTIAL CARE FACILITY CONDITIONAL USE PERMIT PA 97-023 7:17 p.m. 6.1 (410-50) Mayor Houston opened the public hearing. Associate Hanner Ram presented the Staff RepOrt and advised that this item deals with an appeal of a decision by the Planning Commission on October 14, 1997, approving a Conditional Use Permit for a residential care facility for 12 elderly residents at 8521 Valencia Street. The residential care facility is presently operating with a license for 6 or fewer elderly residents. Ms. Ram discussed the issues raised in the appeal letter submitted by Rick Hanson, P. O. Box 2921, San Ramon, CA 94583, as well as Staff's respOnse. She explained that Staff surveyed 10 residential care facilities located in Dublin, Pleasanton, Livermore, San Ramon and Hayward and presented the findings. About 4:30 p.m., a letter was received from Peggy Sheehy Hearne opposing the project. Copies of her letter were distributed. "TO: Dublin Planning Department FROM: Peggy Hearne RE: PA 97-035 Turan Residential Care Facility ATT: Jetg Ram~ A/Iy first reaction when I read the green flyer notice sent to me regarding the proposed residential care facility in this east of San Ramon Road neighborhood was one of relief and scorn. ~Thank god I had moved~' and ~qsn't this 07~icaI of Dublin Plannin$?' Ally second reaction was one of Anger~ dismay and outrage! CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING btovernber 18, 1997 PAGE 442 Doesn't the City of Dublin~ City Hannin~ Department have a research department? Don~t you know the history of stpuggle and neglect this neighborhood has endured? Or is it~ and here I think ! have~ you just don~t cam[ For over Fifteen years this neighborhood endured one of the most abusive~ ill-pun~ care~ I use the word loosely, facilities in the State. The owner was inveati~ated by the state for both her Dublin £aciliOr and her Sacramento home. The only thing the investigator kept repeatin$ to me was "ttow could the city altowplacement of this home in this ne~borhood?~' ~This is not an appropriate placement. ~ '~Vhat could your city be thinlo'ng oI?~ Please look into the history of the Golden Care Home on Galindo Drive befom you consider placing another residential home~ no matter how seemingly innocuous~ around the block[ Golden Care also started off as a home for eldcrlypeople but soon turned into the more lucrative home for brain~injured males. The city can not control the clientele after it 8pants the license. It was one of manypainful lessons I learned over this ordeal. I am a history teacher. I tell my students that the value ofhistory is to learn from past mistakes. Well~ LEARN PROM YOURS I This is not an appropriate placement for a residential £acili& of A~Y lo'nd This neighborhood is exp~riencin$ a major renaissance. It is p~opled with young families with small children worlo'ng hard to improve their homes and neighborhood. Do you really want this n¢[~hborhoM to return to the drug-infested~ pun down communi& it was fifteen years ago? I think not £ You are the planning dcpaptment~ so show some foresight and I am no longer a resident of this neighborhood, and indeed I am beginning to doubt my husband and my decision to place otto faith in Dublin rather than San Ramon or Danville. We stpu~led ~th our choice of where to buy a larger house~ as the timing was perfect to change cities and school districts. I hope our faith in Dublin was not misplaced, and you will show~ by your decision in this matter, that you care about the citizens of Dublin and the future of this city. Sincerely, (signed) Peggy Sheehy Hearne~ 11555 Circle Way, Dublin. CA 94565 (510) 838~8463~ Ms. Ram displayed overheads showing the project. Alfred Roth, 8696 Valencia Street, stated he had a couple of concerns. Fire is one. They will have State Fire Marshal approved system. He just finished a disaster preparedness course as a result of his employment in Fremont. Fire extinguishers just try to keep fires under control until the Fire Department arrives. In a large number of cases, older people have difficulty breathing and use oxygen bottles or generators in a residential environment. This worries him a lot and he will not rest easy knowing this is going on down the street. These requirements are normal and are typically what would be required for a situation like this. He wasn't sure about how the other neighbors feel. He has been in this neighborhood for a long time. He has watched it go through a very low CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING ~lovember 18, 1997 PAGE 4.43 cycle as far as maintenance and development but right now it is on an upswing. People are restoring the neighborhood to what it used to be. He does not see this as a step forward. His house is noticeably different. He could have bought up on the hill, but he remodeled instead. He would like to live in an appropriate neighborhood. The traffic issue is another thing because Deercale is an outlet. They were somewhat glad when Lucky closed down because of the traffic through their neighborhood. Rick Hanson, property owner of 8503 Valencia Street, stated he filed the appeal and thanked everyone. Staff should be recognized as well as the Council for all the work in order to create this appeal process and give him the opportunity to speak. He brought up £ major points. He is not opposed to the elderly care facility with 6 residents. His concern lies with the expansion from 6 to 12 and he felt this needs to be looked at in great lengths. What will happen should a license be revoked or should they relocate? Dublin is left and the neighborhood is left with an uncomfortable situation that may turn to not the family residential neighborhood that exists now. The Planning Commission did do an extensive study on trips and visits and there was a slight difference between 6 and I 2 residents. He also talked to the State in regard to the community care license facility and the CUP which is being requested is required prior to applying for the State licensing. This is so local communities can discuss and resolve all the issues as a result of this use. We have a chance to look and evaluate what could happen should this take place. This has only been in operation for 9 months and they seem to be progressing rather rapidly. We should look at this and maybe not jump into the expansion right now. He was concerned about expanding from 6 to 12 immediately. He is all for elderly care and he does see a need. A vote to reverse the Planning Commission position is not a vote against elderly care. We need to evaluate a relatively new concept in our residential communities before expanding. Russell Speed, 11754 Castle Court, stated for the past 4 months he had his mother staying at the facility under discussion. He was extremely well pleased with the care they gave. She is 90 years old. All residents are extremely well cared for. When he first saw the place, he was so pleased he didn't even look anywhere else. He would like to see others receive the care. The care they give each of the residents is unbelievable. Since this is their primary occupation and Mr. Turan recently retired and in order to have an adequate income level, they should be given an opportunity to expand the facility to make a go of it. It would be a shame to see these wonderful people denied the care of these wonderful people. Cm. Lockhart asked if he felt he was free to visit anytime. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 444 Mr. Speed stated he hardly ever saw anyone else there when he was visiting. Most of the people there are in their 80's and they are all people who don't require extended care. None of them have oxygen bottles at this time. Mr. Hanson advised that he had collected a petition of ali the residents and had over :30 names on Valencia alone that were opposed to the pamphlet he received last Wednesday regarding the notice. The petition was submitted to the City Clerk. Mr. Roth stated they already have another care facility in the neighborhood which has to do with handicapped. The size, expansion and the things that happen because of that are what scares them. Robert Miller, 85£13 Valencia Street referenced page $ of the agenda statement with the chart. The higher of the residents, Pleasanton guests was 15 and this is located on a cul de sac. He pointed out that the last one, God Sent Care Center, is actually a conglomerate. He discussed the location of some of them in Hayward. The people on Valencia have no problem with the limit of t3 but they're concerned about a business on their street if they move. He felt the ambulance statistics seem a little questionable. Mitch Rascano, 86113 Valencia Street, stated their prime fear is of the unknown and what's coming next. They want to raise their families in a residential area. No one is opposed to the Turan's home as it currently exists. What comes in next and how long this facility will stay in business are of concern. What happens if it folds and goes under. What will this bring. They have legitimate concerns for their families. This needs to be looked in far more efficiently before we go any further. Ken Phipps, 8557 Valencia Street, stated he lives 2 houses down from this facility. In an area of 3 and 4 bedroom homes, they are putting in an 8 bedroom 3 !/2 bath facility. What will happen after construction happens. Usually build~ohs are living space rather than bedrooms. Another concern is if they do decide not to pursue this venture, can they sell this as a business. Ms. Turan, applicant stated she had heard all the concerns expressed. With regard to traffic, she does not know. The residents don't have that many visitors. They now have 4 but had 5 before. If they have 12 in the future, she does not feel the house value will go down. On Vomac Road there are 2 or 3 houses which added space and they are pretty big. She thinks the house will have more value. They just do their best and they want to give their best to the elderly where there is a big need. They want to care for more elderly. Mayor Houston closed the public hearing. ..... Crrv"cOV cm' VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 445 Cm. Burton clarified there was no limit on the size of the living area, compared to how many are in the house. He asked Where they all eat and if it is in their rooms. Ms. Turan stated the addition is all bedrooms but they have a large patio and when they finish the construction they would extend the living area to the patio. Cm. Burton asked how many of the people drive cars. Ms. Turan stated most of them are there because they can no longer drive a car. Cm. Howard asked about the type of fire extinguishers they will have. Ms. Ram stated they have to do some additional construction to change the occupancy rating and it is quite costly. It is a special system designed for this type of institutional type use. Cm. Lockhart asked if the residents cook. Cm. Burton felt there are 2 major factors to consider. It has only been going with 4 people since January. He congratulated them for having a great facility. When you double the number, it bothers him and it may or may not work. He would like to see them have 6 people for some time and then if they can show they can handle this, they could come back. He agreed with the neighbors that they don't want commercial in residential neighborhoods. Mayor Houston stated his family owns a 90 bed facility in Modesto adjacent to a residential area. We allow home businesses in the City, but we don't want to turn any of our residential streets into non-home occupation uses. If you build this facility, you are essentially building it forever. You are creating a white elephant in the neighborhood. This much larger, it should go into another area of the City. He is not worried about traffic and fire. Changing the character of the neighborhood and creating something that will never go away is of concern. The neighborhood is on the upswing and it is rising and he is hesitant to change anything to alter this. He is happy with the allowed units which will keep the integrity of a residential house. Cm. Howard stated she was bothered about the comment that they should be put in a commercial/retail area. If she wanted to add onto her house for additional children, she should be able to do this. Mayor Houston stated he would question someone thp!ing their house size. CITY COUNCIL MENUTES VOLUME 16 REGULAR MEETING November 18, ~ 997 PAGE 446 Cm. Barnes felt they all face lifestyle where we have to provide elder care. It belongs in our communities as well as child care belongs in our neighborhoods. Fortunately, these were very big lots. She also looked at the economics. When you have to make an investment, you have to go large enough to make it pay. Many families have larger homes and we need to face the facts that ,are have needs for these types of facilities. She felt 12 would be an adequate size in this community. She wished 12 people would have 12 visitors a day, but she knows this won't happen. She very definitely would like to see something like this in her neighborhood. Mayor Houston stated he was not aware of anyone who has doubled or tripled their home size for child care. These are 24 hours operations, so they're not comparing apples to apples. This one would change the scope of the street. Cm. Lockhart commended the Turans and stated she had been there many times to get a feel for the neighborhood. She has faith in their ability to maintain this and present a property with integrity. She also had concerns with weighing the needs of 6 more elderly and the current residents and their needs. The reopening of Dublin Elementary has pumped a lot of new life in that neighborhood. A lot of renovation has gone on. She wondered if this was a neighborhood that had a homeowners association if this could happen. She did not feel it could. She must weigh the impact of the entire neighborhood. We have not given it enough time to see the impacts on the neighborhood. It is a big leap going from 6 to 12. She would like to hear from the neighbors 6 months from now. She did not feel there was enough evidence that it would not impact the neighborhood adversely. Tina Beldon comments were read into the record. "Tina Belden ~ children, 8559 Valencia Street, Dublin, CA 945~8 Since the Turan's have moved into our neighborhood the house they reside in has improved dramatically. I have been in their home on many occasions and they care for these elderly people as if they were their own family members. These people do not require extensive care but just aren't able to care for themselves (the need help). The rUran~s are doing a marvelous job at what their doing. Nursing homes are not for everybody. The people staying there are people who's family can't take care of them but they aren't requiring the type of care a nursing home gives. The Turan home gives its people the loving care that a person's family would or should give." Cm. Burton stated there was no question that the need is understood. Cm. Burton made a motion to reverse the Planning Commission's action. Cm. Lockhart seconded the motion. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 447 Ms. Silver noted the Council might want to consider the option of denial without prejudice which would allow applicant to reapply within one year. Motion must include "without prejudice", and they could apply at any time within the next year. If this is not part of the motion, they must wait a year. Cm. Burton agreed to add this to his motion. Cm. Lockhart also felt this was reasonable. Following discussion and further clarification, Cm. Burton stated his current motion would stand, and the words "without prejudice" would not be included. Cm. Lockhart agreed. On motion of Cm. Burton, seconded by Cm. Lockhart, and by majority vote, the Council adopted RESOLUTION NO. 137- 97 REVERSING THE ACTION OF THE PLANNING COMMISSION REGARDING PA 97-023 TURAN RESIDENTIAL CARE FACILITY NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT TO ALLOW A MAXIMUM OF 12 ELDERLY RESIDENTS AT 8521 VALENCIA STREET Cm.'s Barnes and Howard voted against the motion. RECESS 8:14 p.m. Mayor Houston called for a short recess. Councilmembers present. The meeting reconvened at 8:23 p.m., with all PUBLIC HEARING PARK SIERRA APARTMENTS REZONE FOR AN 8.9 ACRE SITE LOCATED ON THE WEST SIDE OF DOUGHERTY ROAD AT THE SOUTHERN PACIFIC RIGHT-OF-WAY 8:25 p.m. 0.2 (450~$0) Mayor Houston opened the public hearing. Community Development Director Peabody advised that on November 4, 1997, the City Council approved a Mitigated Negative Declaration., GPA and introduced an Ordinance rezoning the proposed Park Sierra Apartment project~ generally located on the west side CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 448 of Dougherty road at the former Southern Pacific Railroad tracts, planned to be developed as the Iron Home Trail. In May of 1996, the City Council approved a GPA on the site from Light Industrial to Medium Density Residential to allow for a 92 unit single family development project. That project was never built, and the property was sold to Shea Properties. The new applicant has applied for a PD Rezone to Medium~High Density Residential and a GPA and is proposing an apartment project which would consist of 209 rental apartment dwellings arranged in a linear fashion along the site. Cm. Barnes stated she was absent but reviewed the recording and proceedings of the project. No public 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. Lockhart, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 22 - 97 AMENDING IHE ZONING ORDINANCE TO PERMIT THE RF]ONING OF PBOPERTY LOCATED WEST OF DOUGHERTY ROAD ALONG THE SOUTHERN PACIFIC RIGHT-OF-WAY (APN 941-0205-006-010) PUBLIC HEARING DUBLIN RANCH "AREA A" PLANNED DEVELOPMENT ,(PD) REZONE. PA 96-038 $:25 p.m. 6.3 (450-30) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that this application is the final step in zoning for this portion of the Dublin Ranch project, located east of Tassajara Road, in an area covered by the Eastern Dublin Specific Plan. The SP was adopted by the City of Dublin in November, 1993, and established land use designations for approximately 3,300 acres of land east of the Camp Parks military reserve. A large component of the plan area was annexed to the City in 1995, including 1,037 acres owned by the Jennifer Lin Family, known as the Dublin Ranch project. Upon annexation, Dublin Ranch was Prezoned with a Planned Development overlay designation. VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 449 bas. Huston advised that the proposed physical development consists of 573 single family dwelling units on lots ranging in size from approximately 4,000 to 8,000 square feet and accessory recreational facilities; an 18-hole golf course; improvement of the portion of the intermittent stream corridor public trail system which crosses the site, and open space on approximately 352 acres of land. Seven distinct neighborhoods are proposed, with various densities of single~family detached homes. The site topography involves a combination of hilly knolls, ridges, and valleys. Development is generally proposed on a series of terraces cut into the hills and on the tops of the lower knolls. The upper hillside areas are designated for Rural~Residential/Agricultural uses, and the undeveloped slopes surrounding the development are reserved for open space. Perimeter residential lots are oriented to have views of the golf course and open space areas, while the interior lots would be similar to traditional subdivision tract homes built in hillside areas. Provisions have been made for view corridors and access to trails and open space, to encourage the use and enjoyment of the natural amenities of the site by its residents. Cm. Burton asked about the road outside the project, Fallon Road. This needs to get improved before too many houses get built. Ms. Huston stated this is still being worked on and it has not been determined at what phase of the development this will occur. Mr. Ambrose explained that phasing of the road improvements will be worked in with the tentative map and development agreement stages. He stated Cm. Burton's comments were noted. Cm. Burton complimented Staff for all the very comprehensive illustrations. Martin Inderbitzen advised that Ted Fairfield and the development team were present with representatives from every one of the consultants they have used. He took the opportunity to thank Staff and to recognize the tremendous effort they have put forth on this project. They are in agreement with the Staff Report in all areas except one. This represents the final step in zoning the property which will allow them to move forward with infrastructure planning. The one issue they are in disagreement has to do with golf course Condition #46, pedestrian pathway across the golf course over to Fallon Road. They believe this is not in the best interest of the golf course or pedestrians crossing that area. He urged the Council to support the project. First and foremost, they feel there is an inherent conflict with pedestrians and golfers. If children are going to use this, it will be difficult to restrict them to the pathway. There is an 80' grade differential between the area and Fallon Road. They did ask the School District Superintendent if they would be supportive of this and John Sugiyama stated he would not recommend it to the residents. Liability was another issue discussed. CITY COUNCIL MINUTES VOLUtvIE 16 REGULAR MEETING November 18, 1997 PAGE 4.50 Cm. Burton questioned them calling it Dublin Ranch and asked if the gated community and golf course will be a different name. Mr. Inderbitzen stated they developed a theme which ties the whole area together. The overall project would have a Dublin Ranch theme, but there may be different names for the various neighborhoods. Mayor Houston asked about the size of the golf course and others that will be similar in size. Mr. Inderbitzen stated it will be 5,000 yards in length and a full 18 holes. It is not considered a championship length course, but they feel it will be a championship design. Similar courses include Boulder Creek Country Club, Lincoln Park in San Francisco, Eldorado Hills, and Incline Village designed by Robert Trent Jones. Cm. Burton asked if it will be a public access and public membership course. Mr. Inderbitzen replied it is proposed to be open to the Public, privately owned, and accessible at all times. The City doesn't have to float a bond to pay for a golf course like the City of Pleasanton. Margaret Tracy, 1262 Madison Avenue, Livermore, stated she is a 40 year resident of Livermore. As a 50 year member of the Bay Chapter of the Sierra Club they have asked that we approve an EIR prior to approving a golf course in this location. Pesticides and their impact on the ground water needs to be addressed. As an individual she shared a 4 page memo given out by the Zone 7 staff yesterday afternoon and shows on the last g pages a chart of the sustainability of our water supply. A copy of the memo dated November 17, 1097 was given to the City Clerk. This was discussed. Additional water sources and costs are being investigated and at this point are unknown. Costs were discussed. It would be wise to consider not only sustainability availability but the costs to support this plan. Do an EIR on the golf course as part of this plan and she urged the City to work with Zone 7. Mayor Houston closed the public hearing. Cm. Burton discussed opening up the reverse osmosis plant and asked if they plan to use part of that water. Ms. Tracy stated they should consider the costs. Cm. Burton stated this is not our problem, this is the developer's problem. ...... crrv cmJ cIr VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 451 Mr. Inderbitzen stated they felt the EIR is adequate and the same with the initial study and the Negative Declaration. Their water supplier is DSRSD and they have been working with them through Zone 7. They are under an obligation to use recycled water on the golf course and they will try to locate a recycled water reservoir. DSRSD already plans to build a facility which they will provide the funding for. Cm. Burton stated they are outside the ground water basin that Livermore and Pleasanton has been concerned about. Mr. Inderbitzen stated they are in the fringe basin. Mayor Houston reopened the public hearing. Alfred Roth, 869¢ Valencia Street, stated he remembered back to when Foothill High School students were using 580 as a pathway. Assuming everything else goes and we do have a golf course, he felt kids will cross there. It is going to happen. Tom Ford, 7262 Tina Place, felt some of the comments needed clarification. The water cannot be used for potable purposes until it has been stored for at least a year. There is a letter from a Ph.D. who works with agricultural chemicals and it expresses severe concerns about the current RO plant as it is currently designed and proposed. This is before the State Department of Public Health. There are some dangers with any golf course. He asked about the top elevation of the hillside. Ms. Huston stated it is over 850' in elevation. Mr. Ford expressed concern over costs again even though he felt they don't seem to have much to do with these hearings. With regard to the cost of water in Dublin, it is inconsiderate of the City Council to propose a development which will use very expensive water and which will raise our water bills. The City Council is absolutely responsible because they are forcing the requirement. The voters who put the Council in office have no need for this water. DSRSD has collected outrageously high rates for Mayor Houston closed the public hearing again. Cm. Burton commented he thought the Sierra Club likes green lawns and open space and he didn't expect this. On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, with the deletion of Condition #46, the Council adopted CITY couNcIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 452 RESOLUTION NO. 138 - 97 and ADOPTING A NEGATIVE DECLARATION FOR DUBLIN RANCH AREA A PLANNED DEVELOPMENT REZONING (PA 964)38) RESOLUTION NO. 139 - 97 APPROVING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCE!ITNING PA 9§4)39 DUBLIN RANCH AREA A and waived the reading and INTRODUCED an Ordinance amending the Zoning Ordinance to permit the rezoning of 351.5 + acres of property located on the east side of Tassajara Road, north of I~$80 and west of the Fallon Road current alignment in the Eastern Dublin Specific Planning Area. Cm. Lockhart commented she felt the Council is here to work with other agencies in our Valley. If there are disagreements with what DSRSD is doing, those disagreements belong across the street, not here. Children and dogs will wander across the golf course, but she would be concerned about the City working on a pathway which isn't safe. The City should not encourage pathways across golf courses. PUBLIC HEARING ~ DUBLIN RANCH ~AREAS PLANNED DEVELOPMENT (PD) REZONE AND EASTERN Dublin SPECIFIC PLAN AMENDMENT/GENERAL PLAN AMENDMENT PA 96-039 9:02 p.m. 6.4 (450-30) Mayor Houston opened the public hearing. Associate Planner Huston advised that this application is the final step in zoning for this portion of the Dublin Ranch project. The development will include up to 1,875 residential units, a community park, portions of 2 school sites, open space, and office and commercial development on a 453 acre site. The project involves rezoning the site from an overall PD District to several district zoning designations. Ms. Huston explained that the project is located east of Tassajara Road, in an area covered by the Eastern Dublin Specific Plan. The SP was adopted by the City of Dublin in ' ..... ' 'CITY'COUN~ '''CILMINUTES'"" ' ' ''~' '' ' " VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 453 November, 1993, and established land use designations for approximately 3,300 acres of land east of the Camp Parks military reserve. The proposed PD District Rezone identifies more detail land uses than the current PD zoning designation. It is the third proposed PD on the Dublin Ranch property. The first was approved in January of 1996, and is known as Dublin Ranch Phase I, and the second is the Dublin Ranch Area A project, being processed concurrently with this proposal. Ms. Huston advised that the proposed physical development consists of up to 1,875 dwelling units in eleven distinct neighborhoods accommodating a range of housing types, Single-family detached homes on lots ranging in size from approximately 2,000 to over 6,500 square feet are expected to be the predominant type of housing in the Medium Density neighborhoods, although some attached units are permitted as well. Medium~High and High-density neighborhoods will likely consist of multiple-family developments of attached units, including condominiums and apartments. Development in the General Commercial and Campus Office areas will be similar to that found in the newer commercial and business park areas of the Tri~Valley Area. The project also involves improvement of the portion of the intermittent stream corridor/public trail system which crosses the site, and two Community Parks totaling approximately 85 acres. Cm. Burton asked about the schedule for production. Ms. Huston stated the beginning stages the developer would like to start grading next spring but the order of the development has not been determined. Cm. Burton asked if it will be sold out in parcels to other developers. Ms. Huston replied for the Phase I area, a master tentative map has been submitted which could be turned over. Martin Inderbitzen stated he felt Ms. Huston did a wonderful job summarizing the project. They are 100% in agreement with Staff. They have gone through the conditions of approval in great detail and urged the City Council's support. Phase I, the 847 units is going through a master tentative map which will come before the Planning Commission in December and they hope to grade in spring and with construction beginning in spring of 1999. There is infrastructure that has to be put in. They will then begin to think about the next phases of the project. A and B~E uses were discussed. This project will take several years, if not a decade or more. They want to be ready when the market responds. No public testimony was entered by any member of the public relative to this issue. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 454 Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 140- 97 ADOPTING A NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT/ EASTERN DUBLIN SPECIFIC PLAN AMENDMENT FOR DUBLIN RANCH AREAS B - E PLANNED DEVELOPMENT REZONING (PA 90-039) and RESOLUTION NO. 141 - 97 APPROVING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCERNING PA 96-039 DUBLIN RANCH AREAS B-E and waived the reading and INTRODUCED an Ordinance amending the Zoning Ordinance to permit the rezoning of 452.6 + acres of property located on the east side of Tassajara road, north of I~580 and west of the Fallon Road current alignment in the Eastern Dublin Specific Planning Area (PA 96~050, Dublin Ranch Areas B ~ E). RECESS 9:15 p.m. Mayor Houston called for a short recess. The meeting reconvened at 9:20 p.m., with all Councilmembers present. TRI~VALLEY TRANSPORTATION DEVELOPMENT FEE (TVTDF) 9:21 p.m. 7A (1060~90) Public Works Director Thompson presented the Staff Report and advised that the Cities of Danville, Dublin, Livermore, Pleasanton and San Ramon, and the counties of Alameda and contra Costa have been working for several years to establish a Tri-Valley Transportation fee to help fund regional transportation improvements needed because of new development. A Resolution was drafted for the Council's consideration which would approve Principles of Agreement for the adoption of a Tri-Valley Transportation Development Fee. VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 455 Mr. Thompson stated if the TVTDF is implemented through subsequent hearing and fee resolution as a result of adoPtion of the Draft Resolution by all participating jurisdictions as proposed, new regional development fees collected in the Tri-Valley Area for transportation projects will be as follows: Single-Family Residential Multi~Family Residential Office Retail Industrial 'Warehouse Other Uses $1,500 per dwelling unit $1,050 per du $1.00 per square foot $1.00 per square foot $ .75 per square foot $1,500 AM/PM Average Peak Hour Trips The total estimated fee to be collected is approximately $65 million. This money will, in turn, fund regional transportation projects necessitated by new development. However, the fee will not finance all of the projects listed in the Draft Resolution. Other sources of funding will need to be explored, including the Measure B Reauthorization, ISTEA and other regional funding mechanisms. Mr. Thomspon stated the 1-580/1-680 Flyover Project will be given #1 priority and funded first, and the rest of the projects will be rated later for the development of a funding priority list. It is estimated that the Dublin developers will generate approximately 32% of the $65 million, or $20.8 million. Of this amount, Dublin could retain 20%, or $4.2 million, for the project(s) high on Dublin's priority list. Mr. Thompson stated the Home Builders Association submitted a letter proposing some changes and Staff did not have enough time to review it and comment. Another letter was received this evening and Livermore did not approve the resolution so this is something TVTC will need to deal with. Cm. Burton asked Mr. Thompson tO comment on the Home Builders Association letter. Mr. Thompson commented on each item brought up. The fee we are collecting does not fund all the projects. Mayor Houston stated it would be up to the 7 jurisdictions to say where the additional funds will go. There will be a strategic planning committee to figure out how we will time and which project will be first second and third. This is something that will dribble in as development fees are collected. Mr. Thompson stated there will be public meetings and everybody can participate. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 456 Mayor Houston stated the list of projects is in the resolution. Mr. Thompson stated with regard to comment E (Identify a specific and credible index with which to routinely adjust the proposed fee.), we may want to have other projects coming in and raise or lower the fee and not be fled down to 3%. New Councils may have different thoughts. Mayor Houston stated it takes unanimous consent for there to be any rise in the fee, plus there has to be some kind of nexus. Nobody is going to do anything arbitrarily. Cm. Burton felt it is easy to say in a committee that we have to have it unanimous, but we're making a fee which we feel we can afford. He likes the idea of some kind of outside measurement which keeps the decision from getting out of hand. Mayor Houston stated anything perceived as arbitrary can be subject to challenge. Cm. Burton stated he is trying to protect the cost of homes as much as he can. Cm. Lockhart felt they couldn't take the leadership out of the hands of those 20 years from now. We have to trust if it has to be unanimous that 20 years from now those people will find a way to work it out and be reasonable. She doesn't want to limit someone else's leadership. Mayor Houston felt what we're trying to avoid is having each of the agencies changing one single word. Livermore's problem last night was philosophical and that they are against the concept of the monies they collect in their city going outside and working on a regional basis. Cm. Burton asked about grandfathering development. Mr. Thompson stated we have to set the limit of when we are going to collect these fees. Whether it is at tentative map, or building permit, we have to nail this down. Mayor Houston felt this was covered in Item 10. We have this issue particularly in San Ramon where they have some vested rights in their business park. If they go in and make substantial changes to their plans, it states how the new project would be subject to the fee. Livermore has quite a bit of property out in the Vasco Road area and the development agreements will expire in a couple of years. Cm. Burton clarified that this is on new development. ..... "crrvcowcIrm v s ' '" ' VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 457 Mr. Ambrose stated if you change the entitlement it would apply. Changing office to retail, this would not apply in an existing building. Once the building is built, you wouldn't collect a fee again. Mayor Houston stated Heasanton is hearing this tonight. Danville, Contra Costa County and San Ramon have approved it. Livermore is concerned about Highway 84. He felt they would benefit by being part of the group rather than going off on their own. Most of the people on the TVTC feel we can go forward without Livermore. A1 Hunter stated, as somebody who has to drive I~580 everyday, he can appreciate the traffic problems in the Tri-Valley Area. Fortunately he doesn't have to drive the SunoI Grade. Coming out of Tracy all the way to 880 is a mess right now and it will continue to get worse. He agreed that Livermore needs to open this up a little bit as it affects all of us. We should not restrict this just to the Tri-Valley. When he moved here in 1992, traffic was not that bad. He asked that we also look at 1-580 coming eastbound, especially on a Friday afternoon. The backup starts at Eden Canyon Road. He requested that we expand the region west. Cm. Burton commented this won't pay for the projects, but ,are will at least have our ducks in line. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 142- 97 APPROVING PRINCIPLES OF AGREEMENT FOR ADOPIION OF THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE 15th ANNUAL ST. PATRICK'S DAY CELEBRATION UPDATE 9:44 p.m. 7.2 (950-40) Parks & Community Services Director Lowart presented the Staff Report and gave an update of the plans for the 1998 15th Annual St. Patrick's, Day Celebration. The Alameda County Firefighters have agreed to continue to organize the pancake breakfast started two years ago by the Dougherty Regional Fire Authority. The Women's Club of Dublin have indicated they would like to organize a 5K Fun Run. The Dublin Lion's Club will again be organizing the parade. The DHS Band boosters will help to recruit local high school bands to perform, but have indicated that most bands request a stipend in the range of $ 500 to defray travel costs. There has also been discussion about setting up a rev!ewin~, stand for the parade in the Chuck,E. Cheese parkin~ lot and utilizing; bleachers CITY COUNCIL lVlINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 458 from the Dublin Sports Grounds for spectators. Preliminary parade information will be available in November or December and applications will be sent out in January. /vis. Lowart reported that coordination of the St. Patrick's Day Celebration as well as the associated components (breakfast, parade, fun run, etc.) is outgrowing the resources available to City Staff. Staff contacted a professional promoter to investigate the feasibility of utilizing their services for overall event management. The promoter, GoodTimes Promotions, Inc., is a DublinNbased business who, for the last ten years, has planned, executed and promoted many top quality festivals and events in the Tri-Valley. GoodTimes Promotions presented a proposal for the overall event management as well as complete management of set-up and breakdown of the event. They also reviewed the previous years events and made recommendations for the continued growth and success of the event. Their proposed event management fee would be $27,500, plus 30% of all booth sales. The City would continue to finance the celebration and all of the revenue collected by GoodTimes Promotions (sponsorships, booth sales, drink sales, etc.) would come back to the City. The net additional cost to the City over and above what was included in the FY 1996-97 Budget is $10,320. Ms. Ix>wart stated GoodTimes Promotions believes that the St. Patrick's Day Celebration has tremendous potential to become one of the noted festivals in the Bay Area. Ms. Lowart advised that a second option would be to hire additional staffing to assume the overall management of the Celebration and to also assist with the expansion of the new summer concert program and the coordination of the Heritage Fall Festival. The estimated cost for full year funding of this position is $55,392. Given the lead time needed to recruit and hire a permanent employee, this option would not be feasible in addressing the needs of the 1998 Celebration. Ms. Lowart reported that the Parks & Community Services Commission had planned to discuss the concept at their meeting of November 17, 1997; however, there was not a quorum, so the meeting had to be canceled. If it is the desire of the City Council to pursue the services of GoodTimes Promotions, Staff will negotiate a contract which outlines the responsibilities of each party. The contract as well as the necessary budget changes will be brought back to the City Council for consideration at the next meeting. Ms. Ix>wart pointed out that with less than five months to plan the 1998 St. Patrick's Day Celebration, time is of the essence in making any decisions related to the Celebration. Cm. Burton questioned the 30% figure of the sales. city cotr~cm Mm~Jx~s VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 459 Ms. Ix>wart clarified that it would be 30% of the fee for the booth. Mayor Houston felt we are going in the right direction and this is exciting. This company is successful. He stated he endorses this concept and would look forward to having a proposal at the next meeting. Cm, Burton felt we lost some of the small town concept when the City moved into it. We need to decide if we want to go big time like the Garlic Festival, etc. We are breaking away from being a small town and we kind of have to accept that. Mayor Houston felt we would be able to keep the personality of this by utilizing our service clubs. This professional group is very successful. Cm. Lockhart felt that one of the things we have seen is that -we don't have a lot of businesses in the community that support this. If we bring in 30,000 or 40,000 people we will not only be supporting residents, but businesses as well. Kelly Robinson, Events Coordinator, stated they spent a lot of time looking at this event, both locally and out of the area. We are missing out on a group of people who would attend a second day based on people telling them what fun it was. Advertising is also important. If word gets out that this event is happening, it is very difficult to get vendors to come to a one day event. They only do events in Pleasanton Dublin and Livermore. They live here and have a reputation here. She is the President of the Dublin/Pleasanton Soroptimists and she has a really good working relationship with the non-profits. They take the risk out and use the non-profits as labor in other areas without risk. She got a great letter from the Valley Humane Society about their success at the Pasta Festival. Cm. Lockhart felt they got more exposure by just working in the booths. It was a win/win for the service clubs. Cm. Burton pointed out you can't be amateurs with food anymore. Ms. Robinson stated their reputation is also on the line, and it is only as good as their last festival. We have tremendous potential to make this a first class regional event. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council authorized Staff to pursue the services of GoodTimes Promotions, Inc., and to bring back a contract at the next City Council meeting. VOLUME 16 REGULAR MEE~G November ~ 8, 1997 PAGE 460 OTHER BUSINESS 10:07 p.m. Council Policy - Vice Mayor Selection (610~Z0) Mr. Ambrose reminded the Council about their policy for selecting a Vice Mayor annually, and advised that Staff would have an agenda item at the next meeting. Meetings (610-05) Mr. Ambrose adVised that the Alameda County Surplus Property Authority did not need to meet. Smoking Pollution Control (560-90) Cm. Lockhart stated AB 13 is coming up January, 1998. This legislation deals with smoke free bars and smoking, where it's allowed right now, won't be on January 1 st. She asked if Staff had given any thought to notifying the business community. We do have some restaurant bars that will be affected. Mayor Houston felt they are very aware of it. Maybe it would be good to send a memo. Mr. Ambrose stated he spoke with Earl Anthony's Bowling Center and asked the City Attorney to look at it. Volunteer Event ~ Dublin Sports Grounds (260-20) Cm. Burton reported that the Rotary Club will be meeting Saturday at the Dublin Sports Grounds to haul sand. Mr. Thompson stated he was aware of this volunteer project. The sand will go into the playground area. CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 461 £ar~hquake Maps (520~$0) Mayor Houston asked if the City has access to earthquake maps in the City. Is this something people can come look at or get a copy? Mr. Peabody stated we have seismic maps put out by the state. Anyone is welcome to come down and look at them. Mr. Rankin advised that Rose Macias also has some ABAG generated ones. Livermore Highway 84 (420~50). Mayor Houston advised that he had an exhibit from the City of Livermore giving a breakdown of different segments and what they are doing related to Highway 84. asked that the information be distributed. He Flood Control (550~10) Cm. Burton stated the Wheels committee talked about what they will do regarding flooding with E1 Nino. Can we predict where the affected areas in town will be. Mr. Thompson stated we are generally pretty fortunate, but we do have 3 or 4 areas that we keep a good eye on. We don't have mass flooding. It seems when we do have flooding, it is in a different area each time. It is usually debris. We have 100 year flood maps. Cm. Burton stated he would pick up these maps before the next Wheels meeting. VOLUME 16 REGULAR MEETING November ! 8j ! 9?7 PAGE 462 ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjounaed at 10:14 p.m. Mayor CITY COUNCIL MINUTES VOLUME 16 REGULAR MEETING November 18, 1997 PAGE 463