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HomeMy WebLinkAbout01-31-1995 Adopted CC MinutesADJOURNED REGULAR MEETING JANUARY 31, 1995 An adjourned regular meeting of the City Council of the City of Dublin was held on Tuesday, January 31, 1995, in the Council' Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Houston. ROLL CALL PRESENT: ABSENT: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston. NOne PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following aCtions: (NO minutes were on the agenda for approval.) AUthorized Staff to solicit bids for one (one year old) unmarked police vehicle and a transfer of emergency equipment (350-20); Authorized Staff to solicit bids for four marked patrol vehicles (350-20); (The cost of replacing three will come from the Internal Services Fund and the fourth will be paid through contribution from Annexation Agreement with east Dublin property owners.) Cm. Burton requested that the item dealing with the ?ri-Va//ey Transportation Plan/Action Plan be pulled from the Consent Calendc~r for discussion. He v/os concerned that this is being discussed o/ready by the press and asked for a status. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 62 Mr. Thompson stated what happened at the lost meeting offer the letter was presented, there were some mod/f/cations mode/n the p/on to make some concessions to us. Mayor Houston stated a draft letter was presented of the lost meeting. Cm. Burton stated he objected to some of the comment~ in the letter. Mr. Thompson stated the Council did not oct on the item at the lost meeting. Mr. Ambrose clarified that the Mayor requested modifications to the lost letter. Mayor Houston asked if Staff hod a copy of his memo. No copy was available. Cra. Moffatt stated this was put on the last agenda at his request, but things hove happened since that time and the letter needs to be revised. Cm. Burton stated he understood that Contra Costa County hod o problem with meeting o deadline. Cm. Moffatt stated Mayor Houston did on excellent job getting o compromise which soys that any growth constraints would be looked a! in the future. We agreed on many points. Mayor Houston felt that at the next City Council meeting maybe we could get o copy of his draft and this would clear up things. All of the City Councils hove to approve this. Cm. Burton stated it sounded to him like we hod mode a decision. Mayor Houston stated it was his position that he didn't wont to piecemeol it, but rather to see the whole package together. It will come bock to the Council on FeDruary 13, so we con make comment~ at that time. Mr. Thompson stated these some issues were brought forward way bock when. Cm. Burton felt that other jurisdictions should not be making the decisions for us. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 63 On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council received an informational report on the proposed Tri-Valley Transportation Plan/Action Plan - Explanation of Land Use Issue (420-70/1060-80). PUBLIC HEARING - SANTA RITA COMMERCIAL CENTER PLANNED DEVELOPMENT REZONING AND DEVELOPMENT AGREEMENT PA 94-001 (450-30/600-60) Mayor HouSton opened the public hearing. Associate Planner Jeri Ram presented the Staff Report and advised that this Planned Development Rezoning would allow an approximate 800,000 square foot shopping center on the 75 acre site at the southeast corner of Dublin Boulevard and Hacienda Drive. The Council will also consider the associated Development Agreement. This is the second reading of the Ordinances approving the Rezone to a Planned Development and the Development Agreement. Ms. Ram explained that should the Council so desire, it could adopt by minute action the recommendations by the Planning Commission related to the East Bay Regional Park District's request to: 1) support in concept, the preparation of a Greenway Study along Tassajara Creek; and 2) support continuing to work with the EBRPD on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan. Ms. Ram advised that at the public hearing held on January 23, 1995, the City Council directed Staff to include a condition to the Resolution Approving and Establishing Findings and General Provisions and Conditions of Approval for a PD Planned Development Rezoning that would require that the Site Development Review Application for the Project be approved by the City Council rather than the Planning Director. Staff added Condition No. 38 and Condition No. 14 was modified in accordance with this direction. An aerial map of the site was displayed. Ms. Ram noted for the record that a letter was received today from Cassidy & Verges. Cm. Burton requested that Staff explain the tiered EIR concept. There are significant impacts not covered by the EIR CITY COUNCIL MINUTES voLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 64 Ms. Ram stated they had just received the letter. In this instance, we did a program EIR and we don't feel that it is necessary to do a tiered EIRo We felt we could do a Mitigated Negative Declaration. Ms. Silver explained that for this project a program EIR was done. A tiered EIR builds onto the program EIR. Cm. Moffatt asked if the EIR we have is a Negative Declaration because there is no significant adverse affect. Ms. Ram stated yes, with the incorporation of mitigation measures there are no significant environmental impacts. Don Casper with Homart Development Co., stated he was present to answer any questions. He stated Pat Cashman with Alameda County Surplus Property Association was also present. They are ready to go with the project and think it will be a great addition to our City. Mayor Houston closed the public hearing. Cm. Burton commented that at the last meeting, the Council requested that the SDR process would include the Council seeing what it is going to look like.: He asked if this was still in the works. Mr. Ambrose responded yes, Staff will work with the applicant and get the details and then bring it with a recommendation directly to the Council. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council: waived the reading and adopted ORDINANCE NO. 2- 95 AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DUBLIN BOULEVARD & HACIENDA DRIVE (APN 941-15-1-4 POR) CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 65 adopted RESOLUTION NO. 6 - 95 APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 94-001 SANTA RITA COMMERCIAL CENTER waived the reading and adopted ORDINANCE NO. 3 - 95 APPROVING DEVELOPMENT AGREEMENT FOR THE SANTA RITA COMMERCIAL CENTER Also, as part of the motion, the Council agreed to: 1) support in concept, the preparation of a Greenway Study along Tassajara Creek; and 2) support continuing to work with the EBRPD on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan. 1995 GOALS & OBJECTIVES/BUDGET STU DY SESSION (100-80) City Manager Ambrose stated the City Council annually holds a study session meeting to define the City's Goals & Objectives for the upcoming year. This study session provides a means for the Council to provide Staff with guidelines for developing the City's Annual Budget for the upcoming year. Staff requested that the City Council: 1) Determine process to be used; 2) establish meeting date for Goals & Objectives Study Session during the week of March 6, 1995; and 3) determine if the Budget Study Session should be held on the same date as the G&O Study Session or at a separate meeting. Cm. Burton thought the format was good. The only thing that seems to hover as a problem is how each one interprets the numbers. Maybe Staff could again, give them a rule of thumb. This helps a lot. Some members of the Council are more conservative than others in their ratings. Mr. Ambrose stated Staff could prOvide the definition of the ratings. The Council discussed dates, determined that the process/format should be the same as used in previous years, and by a consensus, agreed to hold the Study Sessions on Monday, March 6 and Tuesday, March 7, 1995. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 66 DUBLIN EXTENDED PLANNING AREA INFRASTRUCTURE STUDY (1060-90) Public Works Director Thompson advised that in December of 1989, the City Council approved a study for Eastern Dublin which, in part, attempted to assign costs for several interchanges on 1-580. One recommendation of this study was that Dublin and Pleasanton would share the cost of the Hacienda and Tassajara interchanges. In the process of Dublin's developing a traffic impact fee for Eastern Dublin, the City of Pleasanton raised the issue of repayment to Pleasanton for a share of the interchange improvements. This item requests City Council direction regarding funding mechanism(s) to implement the concept of the 1989 study. The result of the study prepared by John Heindel was that each jurisdiction would build its own interior major street system and that Pleasanton and Dublin would share the costs of the Hacienda and Tassajara interchanges basecJ on a proportionate share of each City's traffic generation using the interchanges. Also, it was recommended that the Fallon interchange be improved by Livermore, Pleasanton and Dublin, again based on traffic generation. The Hopyard/Dougherty Road interchange was not included in the Heindel Study Mr. Thompson stated the result of this exercise wil undoubtedly increase the Traffic Impact Fee in Eastern Dublin (by about 8%).. The preliminary estimate from the Heindel study was a net $8.5 million to be paid to Pleasanton by Dublin developers. Burton clarified that Staff will come back to advise how this will be negotiated. Mr. Thompson stated they are going to dust off the report to see how it all came about and will review it to see how it will work. Cm. Burton commented that he felt that other agencies that call themselVes traffic mitigators are going to try to lower the boom on us. Mr. Ambrose stated we don't have a legally binding agreement. We may come back and indicate more review is required. We are trying to work with our property owners as well as Pleasanton. We may need to move on to another study. Cm. Burton asked if the proposed amount of traffic generated will determine how much we pay? CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 67 Mr. Ambrose stated it depends on what level you look at this. If you look at all those other issues, another study may be necessary. We need to do some review to see if we can get by with the Heindel Study. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUTION NO. 7- 95 OTHER BUSINESS STATING INTENTION REGARDING INFRASTRUCTURE BENEFITING PROPERTIES WITHIN EASTERN DUBLIN Viacom Cable Requlations (1050-20) Cm. Barnes stated she had gotten several comments regarding the change Viacom is making with regard to taking off the Nashville Network. They have country western music and dancing, programs on arts and crafts and also auto racing. Telephone calls she has received are getting hot and heavy about getting rid of the Nashville Network. People are upset with the way this has occurred. Cm. Barnes stated she was upset with Viacom's wording about expanding the channel capacity. Community TV issues also concern her. Viacom seems to be in non- compliance with several things. Cm. Howard reported that Don Miller stated in a news article that a decision had been made about taking off the Nashville Network. Mayor Houston asked who we talk to to find out more about this. Mr. Ambrose advised that Staff would contact Viacom Cm. Barnes asked what our recourse would be. One person told her she had written letters. Initially she was told that letters wouldn't do any good because it was a done deal and then someone else told her letters are important. Mr. Rankin stated some of the information he saw wasn't quite accurate. There may be some misinformation going around. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 68 Cm. Howard stated she would like to know more about the must-carry stations. We have 2 Chinese and 2 Spanish Mr. Rankin stated unfortunately because of our geographic-location, and the way the bands were drawn, we have a large number of must carry stations. Mayor Houston stated he thought Washington is reviewing this. People are frustrated that all of a sudden one day it is cut off. If they could make their opinions knOwn, this would be better. He did not know what the lead time is. Mr. Rankin advised in this case they were refusing to carry the station they must put on and they lost, so now they are taking off the Nashville Network to carry this other station. Cm. Barnes requested Staff to ask Viacom when they are going to increase their capacity? BART (1060-30) Cm. Barnes asked what the City Council would be doing with regard to responding to the letter from Bob Fasulkey asking about BART and the 120' antenna. What can be done about this. Mr, Ambrose stated the Council discussed this and gave Staff no direction. They can apply pOlitical pressure, however. Cm. Howard asked if they have a mock uP of the BART Station and what it will look like. Cm. Moffatt questioned.if they would have a model over at the BART office in Pleasanton? Cm. Burton stated if they are already going to bid, this is finished. Mayor Houston stated if anything, we just want to know what their concept is. It is kind of late in the game for this. Cm. Moffatt questioned if, under FCC regulations, we have any jurisdiction over antennas? CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 69 Cm. Burton stated it can't interfere with other people. Cm. Moffatt stated he thought antennae weren't under the purview of the Planning Commission. Cm. Burton commented that cities can control antennas. Ms. Silver advised that cities cannot control those that transmit but can control receive only antennas with respect to land use issues, such as height, visibility, distance from street, etc. Cm. Burton felt the best bet would be to ask them to move it somewhere else. Hazardous Waste Plan (850-70) Cm. Moffatt reported that the Waste Management Authority had a Hazardous Waste Management Plan that came out several years ago and because the State was Iow on money, it wasn't certified. The State has now decided that they will certify it and this will come back within a month or so. Cm. Burton asked if this was for Household Hazardous Waste? We have 3 pick up centers. Cm. Moffatt stated this has to do with sites that generate. There is an inter-jurisdictional agreement that will come back for re-evaluation. If we don't get involved then the State has the ability to site a hazardous waste generator in the City. The State would come in if we don't get involved. Cm. Burton commented that this sounded like a threat. Peddler Permit/License (390-40) Cm. Moffatt stated a citizen had asked him if the City Council would be interested in an ordinance to make it illegal for door to door solicitation to occur, especially if they have a sign that says no solicitors allowed. This came iup mainly regarding the safety issue of homes. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 70 Cm. Burton thought it was a green river law that's been around for a long time. He asked if the City has been giving out permits. Ms. Silver stated Section 4.16 of the DMC requires peddlers to get a permit. There is a difference between peddlers, solicitors, and/or charitable contributions. Peddlers are required to get a permit from the City. There are restrictions regarding what type of ordinance you can adopt because of First Amendment protected activity. Cm.. Moffatt thought the issue was having them come before a certain time in the evening, such as not allowing them after 7:00 p.m. Ms. Silver advised that the courts consider 7:00 p.m. as being too early. Mr. Ambrose stated you can't discriminate between Girl Scouts and other non-profit groups. Ms. Silver stated currently the hours of allowed activities are from 9:00 a.m. to 9:00 p.m. but can't go to locations where "No Peddlers/Solicitors" signs are posted. Cm. Moffatt asked if someone does go to a house with a sign, if an individual could call the police and have this is noted on the application of the individual and then this could prohibit them from getting a permit in the future. Ms. Silver stated a person could be fined or imprisoned for 60 days. This would also be grounds for revoking the permit. We have nothing in place for people going around soliciting for charitable contributions. You can do this, but the limitations can't be very strict. Mayor Houston felt what we have right now is sufficient. The illegal ones are probably not getting permits anyway. He did not perceive this as a great problem. Monitor it if we must, but keep what we have. Cm. Howard advised you can ask them to show their permit and if they .don't have one, you can tell them they can't do this. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 71 Appointments to Tri-Valley Plannin,q Council I110-30) Cm. Moffatt reported that he and Mayor Houston attended the Tri-Valley Planning Council meeting and we got the grant to move forward with subregional planning. A MOU will be submitted to the City Council for consideration. Cm. Burton felt this was just another nosy group, Mayor Houston stated their request is to have a Council representative and an alternate. He advised that he would be the representative and Cm. Moffatt will be the alternate. The meetings will be at 7:30 a.m., on Mondays. Cm. Burton commented he has been against this all along. Mayor Houston stated they will report back to the Council. Appointments List (110-30) Cm. Barnes requested that Staff provide the Council an updated list of all the committee assignments. St. Patrick's Day Parade (950-40) Cm. Burton asked who was going to sign up to be in the St. Patrick's Day parade? He likes the idea of walking in order to work the crowd. Cm. Howard asked what if it rains? Cm. Burton stated he still has the signs that say, "No Dirt in Dublin". Mr. Ambrose advised that Ms. Lowart could handle.this for the City Council. Mayor Houston stated they still have plenty of time to deal with this. Everyone can do whatever they want. Beth can ride in a car and they can walk behind. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 72 CMA Video Beinq Produced (1.060~60) Cm. Burton advised that someone from CMA is going to comer around and take videos of each member. This might be worth the City Council knowing what's going on since this will be produced as a public ¥ideo. He wants to meet with each member and ask about the issues involving each city. This is serious and scary. He commented that he did not feel it was a good idea to go on tape. Cm. Moffatt stated for Dublin, it has to do with the 1-580/I-680 interchange, Highway 84, etc. Mayor Houston stated this is a professiOnally done thing and it's not live so there can be editing, Mr. Ambrose stated Staff could take a look at what's n'eeded and a script can be developed. Cm. Moffatt stated he had a problem with the City Council trying to muzzle anyone on the Council from saying what they want to say. Con,qressman Baker's Lease (600-20) Mayor Houston stated he had been contacted by Congressman Baker's Office regarding their lease of .space at the Civic Center. Mr. Rankin advised that he had spoken with Earlene DeMarcus, but he hasn't heard back. He needs to get them a draft. Current lease allows them to use copy machine, but not the fax. School District Liaison Committee (515-30) Mayor Houston reported that he and Cm. Burton met with the School District Liaison Committee and they will be coming back to the Council regarding putting together a task force to study the whole concept of joint facilities use. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 73 State Prisoners @ Santa Rita Jail (580-70) Mayor Houston stated he had gotten a couple of calls on the State prisoners issue. Whenever there is a lack of information, people tend to get scared. Lt. Gomes stated the best way to get information would be through the Sheriff's Department Administrative Services They have questions themselves. State prisoners have been housed there before. They will find out exactly how many, how they will be handling them, what type of prisoners they will be, etc. MaYor Houston requested that an update report be given by mid-February? State Le.qislation on Term Limits (660-40) Mayor Houston stated he had gotten something from the League of California Cities legislative bulletin that Senator Kopp is introducing a Senate Bill related to term limits. He would like to see this on a future Council agenda supporting this legislation. This would allow a City like ours to put it on the ballot. Right now, we cannot do this. He believes in this and would like the City Council to take a Position. Charter cities can do this now. Cities can choose to do it or not do it. Mayor Houston requested that this be placed on either the February 13 or 27 agenda. .AppOintment to CTV 30 Board (110-30) Mayor Houston stated he had received a communication from Community TV and they have decided to continue with a second appointment on this Board. Edy Coleman is on this Board and the other spot was formerly held by Cm. Howard. Dublin will continue to have two representatives. He reported that he had spoken with Claudia McCormick and she has agreed to fill this vacancy. CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 74 CLOSED SESSION At 8:10 p.m., the Council recessed to a closed session in accordance with Government Code Section 54957.6(a) for a conference with Agency Labor Negotiator Richard Ambrose (700-20) related to unrepresented City employees: Office Assistant I & II, Finance Technician I & II, Secretary, Recreation Coordinator, Administrative Secretary, Administrative Aid, Secretary to the City Manager/Deputy City Clerk, Assistant Planner, Community Safety Assistant, Engineering Technician, Management Assistant, Recreation Supervisor, Administrative Assistant, Public Works inspector, Associate Planner, City Clerk, Senior Planner, Assistant to the C. ity Manager, Finance Manager, Senior Civil Engineer, Economic Development Manager, Planning Director, Parks & Community Services Director, Assistant City Manager/Administrative Services Director, and Public Works Director/City Engineer. Following the closed session, the Mayor announced that no action was taken. ADJOURNMENT There being no fudher business to come before the Council, the meeting was adjourned at 10:35 p.m. City C~erk Mayor CITY COUNCIL MINUTES VOLUME 14 ADJOURNED REGULAR MEETING January 31, 1995 PAGE 75