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HomeMy WebLinkAbout03-13-1995 Adopted CC Minutes REGULAR MEETING - MARCH 13, 1995 A regular meeting of the City Council of the City of Dublin was held on Monday, March 13, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Howard, Moffatt 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. PROCLAMATION (610-50) Mayor Houston read and presented a proclamation to the Dublin High School Mock Tria Team for winning the Alameda County Championship on February 28, 1995 and wishing them the best of luck when they compete in the statewide competition in Sacramento. Ellen Gray accepted the proclamation and the City's congratulations. Christine Liu representing the Prosecution and Ryan Schrader representing the Defense presented the closing arguments in ]he case they will be presenting in Sacramento. Mayor Houston asked if there would be a new case at the state level and also if every county in the state participates. Ms. Gray stated everyone 'n the nation is working on the same case. California counties represented in Sacramento. There will be 26 CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 178 PRESENTATIONS (610-50) Mayor Houston announced that Certificates of Appreciation had been prepared for presentation along with Quill writing pens to: Val Hatheway for service on the Senior Center Advisory Committee from March, 1991 to May, 1993 Bob Cocilova accepted the award and gift for Mr. Hatheway. Frank Zagarella for service on the Senior Center Advisory Committee from December, 1990 to January, 1995 Mr. Zagarella was not present. Randy B. Cahn for service on the Parks & Community Services Commission from January, 1991 to January, 1995 Mr. Cahn was not present. Barbara Donnell for service on the Parks & Community Services Commission from October, 1983 to January, 1995 Ms. Donnell was not present. Steven L. Lockhart for service on the Parks & Community Services Commission from December, 1990 to January, 1995 Mr. Lockhart accepted the award and gift. Bill Burnham for service on the Planning Commission from January, 1986 to January, 1995 Mr. Burnham accepted the award and gift. Le Roy A. North for service on the Planning Commission from January, 1991 to January, 1995 Mr. North was not present. Ralph R. Rafanelli for service on the Planning Commission from December, 1990 to January, 1995. Mr. Rafanelli was not present. ORGANIZATION OF THE YEAR (610-50) The nominees for Organization of the Year for 1994 were: Dublin Fine Arts Foundation, Dublin 4-H, Girl Scouts, Dublin Historical Preservation Association, Dublin Lion's Club, Dublin Little League, Women's Club of Dublin, Soroptimist international of Dublin and South Valley Youth Football. Mayor Houston announced that the winner was the Women's Club of Dublin. A framed proclamation was presented to Leila Nikischer, President. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 179 The City Council extended its best wishes to the Women's Club of Dublin on their thirtieth anniversary and expressed appreciation to the dedicated volunteers who have given so generously of their time and effort for the betterment of our community. CITIZEN OF THE YEAR (610-50) The nominees for 1994 Citizen of the Year were: Nancy Eggers, Mark & Jeannie King, Karol RUppenthal, John Schmitt and Peter Snyder. Mayor Houston announced that the winner was Peter W. Snyder. A framed proclamation was presented to Mr. Snyder, who received a standing ovation. The Council congratulated Mr. Snyder for setting a fine example of one who truly cares and unselfishly gives to others with no concern for receiving glory or accolades for himself. Everyone sincerely appreciates the many ways that Mr. Snyder has impacted and improved the quality of life for all in our community. Mr. Snyder stated he did not come here expeCting this to_night. There are so many hard workers in this community. He stated he humbly accepted the award on behalf of all those who serve in so many ways. APPOINTMENTS TO COMMUNITY FACILITIES TASK FORCE (110-30) A total of 9 people expressed interest in serving on the Community Facilities Task Force. Letters were received from: M. E. Bischoff, Bob Fasulkey, Betty Heller, Ronald Koutz, Nell MCLean, Robert Miller, Karol Ruppenthal, Richard Stein and Yolanda Weaver. Mayor HouSton requested confirmation of the appointment of 5 people to the Task Force: Bob Fasuikey, Ronald Koutz, Nell McLean, Robert Miller and Richard Stein. Cm. Moffatt stated he hoped the others Would go to the meetings and participate. Mayor HouSton stated the teen task force will be meeting soon also. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 180 cm. Barnes expressed concern that one of the people is on one of the City's other task forces. She hoped this could be spread around. She also noted there were no women on the list. There were three women who applied. -,,, ~nd , ,~.,c.~-~')[~J~.~,~,~, ,~ ,~ .... Mayor Houston indicated that the task force is temporary in nature, but her point was well taken. Cm. Barnes commented .that people already are wanting to send the Mayor to sensitivity school. On' motion of Cm. Burton, seconded by Cm. Moffatt, and by majority vote, the Council confirmed the Mayor's appointments. Cm.'s Barnes and Howard voted against the motion. Children's Theatre Workshop (900-40) Janet Lockhart 8136 Creekside Drive stated she was present to give what she hoped was good news. The Children's Theatre Workshop is assimilating very well in our community. Residents are interested in becoming board members and helping to provide leadership to the young people. They will be coming back later this month and talking about the support they want to see from the City. Garba.qe Service Requlations (810-20) Ron Nahas stated he was present representing Amador Lakes, Parkwood and Cottonwood Apartments related to renegotiating the garbage franchise for the City. He spoke at prior meetings and protested the fact that garbagE~ rates have increased by 55% over the last 2 years. He requested that they be allowed to be free of the franchise agreement and they would like the opportunity to do this privately. He understood that this came up during the Goals & Objectives session and Cm. Burton brought uP the subject but there was not a majority vote to reopen the subject. Mr. Nahas commented that people in the community who do not have the luxury of having a monopoly should be able to consider other contractors. TheY hope they will be allowed to be a part of the process. This is a very important issue to the business community. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 181 Cm. Burton asked if there was any reason why we could not have in situations where they compact the garbage on site, to take the smaller collections directly to the dump sites and registered for us. Is there any reason we can't do this? Mr. Rankin stated there is no reason we could not structure it this way. He discussed the City Council direction which was approved a couple of months ago. The City Council wanted negotiations wrapped up and we are scheduled to have the first sit down meeting in one week. The impact of changing this will have a major impacton Staff's timing and will require additiona work. Cm. Burton stated he understood since he was on the losing end he can't bring this up again before the City Council. He asked when it will come before the City Council. Mr. Rankin stated he anticipated it would be in mid-April. Cm. Burton felt this would still give the City Council a chance to consider this. Cm. Moffatt stated he understood that the City Council wil have a whole menu to look at and he saw no reason why Mr. Nahas' request could not be considered. Mr. Rankin explained that their costs are spread over all the services. Everyone contributes to the overhead of providing garbage serviced within the community. There would be a smaller base and the numbers would have to be reworked. Cm. Burton felt all of this was speculation. We aren't going to bid so we will just have to take somebody's word for it. Mr. Nahas pointed out that other communities do have multiple providers. The situation here is very similar. What they are asking for is not unusual. They would like the opportunity to bring in a proposal to the City Council to do it themselves. Mr. Rankin explained that this situation is somewhat different because it is petrusable waste. City Attorney Silver stated the City's current ordinance provides that everyone is to have garbage service and the franchiser is to handle the whole City. Mayor Houston stated until you have numbers to talk about, you just don't know. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 182 Social Services - Senior Citizens (595-50) Bruce Fiedler, 6589 Hemlock Street stated he was present as an advocate for seniors here and in the tri-valley. He wanted to discuss the money; the last dollar that an eider person has and when there is still time left in a month. In our area we have a major problem with the high cost of housing. He discussed nutrition programs, Pteals On Wheels, case management, and elder assistance programs.' Since our County has grown to the south and to the east, major numbers of the eider population has moved from the big cities to other areas. The Board of Supervisors set up a committee to review this several years ago. document they produced showed that there aren't near enough services. A group of agencies in Oakland want all the money to go to low'ncome persons in Oakland. This has come down to strict and dirty politics. He urged the Councilmembers to talk to their peers on the Oakland and Berkeley City Councils, and pass the word on to their Supervisors. The services are not here and now the agencies headquartered in Oakland don't want to bother to give services to the other areas. A Cm. Moffatt asked who controls the federal funds.? Mr. Fiedler stated the path is through the state to each area through their Commission on Aging. The Board of Supervisors decide where the money will go. Some of the agencies are enormous and we have only 3 people representing this area. Cm. Burton advised that he thought Tom McCormick used to be in charge of the County programs. Mr. Fiedler stated he thought Mr. McCormick was in charge of programs which came under Title 3 and which are not a part of this program. Cm. Moffatt clarified that the decision makers are the Board of Supervisors. Mr. Fiedler stated yes, Supervisors Steele and Campbell would like to see the money spread out. Supervisors Carson and King apparently take the other position to concentrate the funds in Oakland. Supervisor Chan may be the swing vote. Input from the other cities may be important. Cm. Burton thought it might be helpful to have Tom McCormick give an overview at a future City Council meeting. Mr. Fiedier stated at a recent Supervisors meeting, they brought in people to explain the guidelines. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 183 Cm. Moffatt asked when the decision was going to be made. Mr. Fiedler stated possibly at the beginning of April, but who knows? Teen Task Force 1950-80) Mayor Houston asked Cm. Barnes to talk about the Teen Task Force Cm. Barnes stated they would be having a meeting on Thursday evening, March 16, at 6:30 p.m., at the Dublin High School cafeteria. They would like any number of teens. Adults can observe. They will be breaking into small groups with facilitators. Dr. Mathews and Cheryl Beaks will be the moderators. CONSENT CALENDAR On motion of Cm. ,Moffatt, seconded by Cm. ,Barnes, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of February 27, 1995; Cm. 8un'on as/ced that the discussion on Poge 133 related to metering be clarified. He felt Cm. Moffdff'$ comments were not clear. After o brief discussion. Cm. AZoffaff stated he did not feel a need for the minutes to be changed. Received the City Treasurer's Investment Report (320-30) as of February 28, 1995, showing the City's investment portfolio totals $19,855,322.74 with funds invested at an annual average yield of 5.824%; Adopted RESOLUTION NO. 27 - 95 DIRECTING PREPARATION OF ANNUAL REPORT FOR ClTYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83:-1 (360-50) CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 184 Adopted RESOLUTION-NO. 28 - 95 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 TRACT 4719 (360-20) (Cm. Burton abstained on the vote on this item.) Adopted RESOLUTION NO. 29 - 95 DIRECTING PREPARATION OF ANNUAL REPORT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 TRACT 5511 (360-20) Approved the Warrant Register in the amount of $387,350.28 (300-40). Cm. A4offofl pulled Item 4.6 related to gifts from the Consent Calendar and stated he wished to acknowledge the gifts: I? $100 was received from Setsuko Inami for use at the Senior Center; 2] $357 was received for the Shannon Center Preschool as a result of o pizza fundraiser, $10 from the Newbegin Family, $22 from the Rebitz Family, and $ I0 from the Winter Family; and 3] SdO0 was received from A4#1er Brands of the East Bay for an additional tent and stage for the City's SL Patrick's Day Celebration. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council accepted the gifts (150-70) for the Senior Center, Shannon Center Preschool and St. Patrick's Day Celebration and directed Staff to prepare formal acknowledgments to the donors and approved the Budget Change Form; PUBLIC HEARING HANSEN RANCH DEVELOPMENT AGREEMENT AMENDMENT PA 94-054 (600-60) Mayor Houston opened the public hearing. The Hansen Ranch project is located west of Silvergate Drive, north of Hansen Drive and south of Winding Trail Lane. This is the second reading of an ordinance introduced at the last Council meeting which will amend the Development Agreement and allow several modifications to the approved creek access road/hiking trail. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 185 Associate Planner Huston presented the Staff Report and advised that the Tentative Map Resolution adopted by the Council on February 27, 1995, wil allow minor modifications to lot lines, street configurations, and pad elevations. It would also allow construction of an 8' wide creek hiking trail on the south side of the creek for public use, and a 12' wide creek access road on the north side of the creek for City vehicle use only. The revised text included adding a statement excluding certain lots from any pad elevation changes, and a specification of the hiking trai width. The Council did not include a requirement for a cul-de- sac at the martin Canyon Road stub street, as was recommended by Staff. Ms. Huston explained that the Development Agreement Ordinance wii allow the creek access road widths as described above, t will also allow for the creek access road to be constructed in phases, and eliminate a previous requirement to construct a creek access road off-site. The Ordinance was also modified to clarify that the Applicant, California Pacific Homes, was formerly known as the Bren Company. Cm. Moffatt asked if it would be a minor change for the trail to be eliminated. Ms. Huston stated she did not consider this a minor change. There would be significant repercussions. Cm. Moffatt asked if it could be delayed 3 or 4 years. Mr. Ambrose stated the problem is they will be grading this site and if it is delayed, how will you grade it in the future with the residences there? Cm. Moffatt stated there was discussion previously that it could be put in at a future date. Mr. Ambrose stated this was not what was proposed. Staff merely advised the City Council about the impacts of delaying. Cm. BUrton asked if we got rid of the path if this would mean you have to go back through the Planning Commission and the EIR process? This would be a significant change to the Tentative Map. City Attorney Silver responded yes. Cm. Burton discussed the concept of leaving the trail in, assigning the money to a trust and the City then taking the responsibility of building it. In his opinion this would not change the Tentative Map but we would have control over it. We take the responsibility of building it, CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 186 whenever. There would have to be an easement. He asked if this would be a significant change that would cause delay. Cm. Barnes asked if homes would back on to the trail, how could you go back in 4 or 5 years and make a trail? It requires a lot of land to get to it and you cannot do it after the fact. Without doing creek work, she thought we would be in more trouble. It would cause problems later unless it is done at the time of development. Mr. Tong stated the dedication of the creek to the City is to occur at the time of building permits. The City is responsible fOr providing maintenance services at that time. From Staff's standpoint, it is important to have the trail available when the City accepts the creek area. Tom F4)rd Tina Place, Briarhill stated he had spoken before as this is an attractive area and he is in favor of the enhancements. This area is very limited when it comes to recreational neighborhood facilities. He found it incomprehensible that when the City argued for a rOad for a number of years, it is now willing to completely delete the road. He is amazed that this is being brought in at this point. If the developer has to put it in, we are assured that it is put in at very little cost to the City. Retain the agreement we have so far. He stated he is not in favor of the 12' wide road. Sherry Hickox 11427 Winding Trail Lane thanked all the Councilmembers who came out last week and met with the neighbors. She urged the Council to look at the concerns, one issue being parking. At issue is whether this will be a neighborhood or a City park. Their neighborhood has no way of knowing how many people will be coming in to use this park. The City has not provided for any parking in this area. Silvergate already handles the overflow from California Vista which is a private street. Should Silvergate Highlands choose to enforce their program, they will be forced to park overflow vehicles on Silvergate. A second issue is noise. Can we really control the hours that a park can be used even with signs posted. They are a quiet neighborhood. How can this be controlled? She spoke to Cm. Moffatt and he told her about some City land where we are having trouble with motorcycles. They are worried about this also. All the positives have been outlined, but no one wants to address the negatives. Safety, fires, pollution, etc., are issues they have to deal with day in and day out. They would like for the City to delay the start of this project until these issues are resolved. We can't go back once the trail is in. Cm. Moffatt stated one of the things discussed was that this would be a park and it will be open to all who want to come in. He stated he understands the park being a passive park but feels that in the long run there will be a trail there whether the City puts it in or not. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 187 Ms. Hickox stated the Dublin Police Department has gone in there several times over the last few years. The City putting in a park there encourages usage. Opening it up encourages positive and negative. It's very dense with trees now and there is not an obvious entrance. Marjorie LaBar who lives around the corner stated she had worked on this project for almost 10 years. This started when the City Council used to meet in the Library. The neighbors do have some legitimate concerns however, there are some folks the City can call upon who have worked on trails who simply have not had the problems the neighbors are concerned about. She stated she hopes Diane Lowart and her Staff will take advantage of the 'nformation available from the EBt~PD showing that neighborhood trails can work very very well. Pleasanton has several. Good gating at night, limiting motorcycle access, good litter receptacles are important and it's also important for neighbors to know when the Parks & Community Services Commission meets. These are not insurmountable problems. The Gleason development is also coming in and if you leave this little corridor there, you become an attractive nuisance. We can put together a safe, well located trail. The information is available to the City from EBRPD for nothing This is Joycelyn Combs' job. If we let this opportunity go by, it won't be there when our kids need it. Marti Buxton, representing the Applicant clarified that at the last meeting she made an emphatic statement that with the trails there would be no trees removed because of the construction. She clarified that they have to do 'mprovements to the creek because of requirements of Zone 7 and there will be trees lost as a result of this requirement. improvements to the creek will result in some tree loss. It has nothing to do with the road that Public Works wants, however. She addressed the concept of not putting in the hiking trail at this time. The project has always had this requirement. They absolutely have to be grading by May. Condition 3 of their Tentative Map was referenced She has been told if it isn't completea this evening or a different approva of the development agreement, it could cancel the approval they have of the tentative map. She questioned if this meant they couldn't submit their SDRo Would they come back at the next meeting or do they have to start from a new application and noticing. The second aspect Ms. Buxton discussed related to the physical. How would they define it if they don~t know eXactly where the 8' hiking trail wil be. How will they define where this is if there is a lag in construction. What impact does this have on other departments that have responsibility. Do the Police feel they can adequately police it? tt seems that the City has now become the Applicants. They want to work with the City, but she relayed earlier experiences where they agreed with delays and it became very complicated and there were a lot more issues than they anticipated. Cm. Moffatt stated at one time it was going to be a road and he thought there was going to be some housing there. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 188 Ms. Buxton stated no it was always going to be a hiking trail. The discussion was whether the trail would be 8' or 12' wide. If it were dedicated, it was to have been a combination 12' trail/road. It got the road designation in 1989 because public safety was going to drive on it. After this was reviewed, they came back and presented another option, an 8' trail. It was always supposed to be a hiking trail, initially just to serve the Hansen Ranch development. Cm. Moffatt asked about Martin Canyon Road as he thought that was going to cut across from the north side to the south side. Ms. Buxton explained that was during the EIR process but this was never a part of their consideration. They are going through Valley Christian Center for their secondary access. Fay Garriente, stated she had hiked on a lot of trails, none of which was ever 12' wide. Even 'n the EBRPD system, the trails are only 8' wide. Hundreds, maybe even thousands of people have worked on building trails in the Bay Area. Trails encourage positive things like getting outdoors, and enjoying the environment. The negative things happen because people don't appreciate the environment. She would be more concerned about fast food places. They cause more litter problems than people who tend to use hiking trails. It was inconceivable to her that the City Council would even consider postponing building the trail. This would be like putting in streets last. You get all these things in first and then you put houses in. You don't not have schools because a few bad people don't appreciate it and spray graffiti on it. Tom Carr spoke stated he also spoke on February 27, and summarized his comments. He agreed with Councilmembers Moffatt and Burton that we have nothing to lose by putting the money in escrow and take a took at the plan. Hansen Hills project means we will get new tax revenue with 180 homes. It will gain interest and we don't need to rush in now with a half plan. Most of the East Bay trails are 8' wide. Let's pick one good road. Scaring the land twice doesn't make sense to him. Staff needs to do a better job and look at Phase I and Phase II and we need to figure out how this will happen. We have had a 100 year flood this last year and the creek is doing fine. The arguments have been well presented. Dennis Wakaluk, Rolling Hills Circle felt everyone would like to see a hiking trail and the benefits. He brought up the loss of trees. Anybody that wants to use the trail will have to park on Silvergate Drive. The area then becomes a parking lot. We need to look at the long term and do it right Possibly there could be another area with adequate parking. Christine Davis Winding Trail stated she was pu771ed by why it is necessary to restructure the creek bed which will potentially take out trees for a creek or dry stream bed. This area is bone dry a vast majority of the time so what are we worried about restricting it and losing a CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 189 lot of trees. She would not choose to go hiking along a dry stream bed and with particularly with the many houses along the area. To go hiking means to go into an area where you can feel more in the country. There really isn't a draw for this particular hiking trail. Ms. Buxton stated the area next to the townhouses is not open to the public. The closest homes to the proposed 8' hiking trail would be the first 2 houses in their development. After that it gets further and further away. The trees that stay are quite dense and heavily treed and you Won't even see the hiking trail. The type of work that has to be done On the creek has always been there, it isn't that flooding could happen in that area, it's the downstream flooding. They are going to restrict the flow so there won't be downstream flooding and so the road won't erode close to the houses. They have revised their plan from 5 years ago and are going with a much more natural look. Hans Heydorn, 11430 Winding Trail Lane questioned if this additional service road is built, if a fence will be part of the project? The townhomes come in clusters of 4 or 5 and if no fence is there someone could park and meet someone along the trail. There is a rusty barbed wire fence there now. Mr. Tong showed a slide illustrating where the meadow area is and stated the K&B townhouses are to the north. The access for public vehicles only which will be on the north side of the creek will be fenced and gated at Martin Canyon Road and this will restrict access by the general public. With regard to the parking issue, the access trai will not actually link up to Silvergate Drive, but through the interior of the project. There will be hundreds of feet at the head of the trail. Anyone parking would probably park in the cul- de-sac and the new neighbors would probably help enforce this type of a situation. Ms. Buxton stated they will build a fence. Karol Ruppenthal 1 1416 Winding Trail stated she had heard the dispute about where the property line is, and asked if any part of the culvert that runs right under the decks was part of the Hansen property? Ms. Buxton stated they think the culvert is on the townhouse properties. Ms. Ruppenthal stated there is a giant oak tree just below Ms. Kasdan's property. She asked if this in jeopardy? Ms. Buxton stated the maintenance :odd would not cause any trees to come out. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 190 Mayor Houston stated he felt the tree would not have to come out. There are a couple of limbs that might have to be trimmed. He also felt this to be a very nice tree. Mayor Houston closed the public hearing. Cm. Burton stated he personally would not approve the trail, however, on the other hand he does not want to jeopardize the project. He felt it was worthwhile to study it and cover some of the concerns. After 6 years, we are down to the final strokes. We aren't able to satisfy everyone. We should go ahead with the project as presented, t's a shame that it has been so long since we've built new homes where people could move into Dublin. Mayor Houston stated he had an idea regarding the cost restrictions of building this trail later on. This really isn't feasible. The big problem is that originally this was to link up with a larger system at some time in the future. His main objection is that there is no parking for a stand alone park. What's wrong with the idea of building the trai and restrict its access until such time as some of the others up above can be connected to it? We could gate it off and in the future when we have proper staging areas, it would make more sense to open it up. Cm. Moffatt asked if the cul-de-sac island area's this fairly steep or if it could be transformed into some type of parking area. Mr. Tong stated the island was supposed to be a landscaped area. He showed the main loop road that will connect to Valley Christian Center. They anticipate that most of the users will be residents of the area and will walk. He showed where others would be able to park. The island could physically ~e changed to a parking tot. There are a number of trees, but he wasn't exactly sure whether the islanc~ was heavily wooded or not. Cm. Burton felt that as an option this could be reviewed. Mayor Houston asked about how many parking spaces were on the street. Ms. Buxton stated she thought there was no parking allowed in the area Mayor Houston questioned. They specifically planned this for no parking. Mr. Tong stated on Silvergate Drive, about 10 to 15 vehicles could be accommodated. Cm. Barnes stated she went up and took a look and heard concerns. We have some situations now in the area. When they hiked up there more than 6 years ago, they saw a lot of problems even at that time. She likes the idea of a hiking trail for all residents of the CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 191 community. We have 26,000 people and a lot of those would like to have a hiking trail. She hates to see us take a NIMBY attitude. On motion of Cm. Burton, seconded by Cm. Barnes, and by majority vote, the Council waived the reading and adopted ORDINANCE NO. 4- 95 APPROVING AMENDMENT TO PA 91-099 HANSEN RANCH PROJECT DEVELOPMENT AGREEMENT Mayor Houston voted against the motion. SALE OF EXCESS PROPERTY SAN RAMON ROAD @ DUBLIN BOULEVARD AND REVIEW OF CONDITIONS OF SALE (670-80) Public Works Director Thompson presented the Staff Report and advised that at the February 27, 1995, City Council meeting, the Counci determined to postpone action on this item until after approval of the PETCO project by the Planning Commission. In response to concern regarding a large evergreen tree on the excess City right-of-way, City Staff is proposing that the City retain the portion of the property surrounding the trees and continue to maintain the trees themselves. Mr. Thompson explained that the sale price is proposed to be $8.71 per square foot. The total sale amount would depend on the total square footage ultimately sold to Thomas Properties. On March 6, the Planning Commission approved the PETCO store project, with the large tree to be retained in a parking lot island. Under the project as approved by the Planning Commission, the City was to retain ownership of the large evergreen tree and to be responSible for its maintenance. The decision of the Planning Commission was appealed by Cm. Barnes on March 7, 1995. The appeal will be considered by the City Council at the March 27, 1995, City Council meeting. In order to proceed with the project within time frames, the Applicant must have an indication from the City that it will sell him some property. Mr. Thompson stated this item would set the amount of money to charge the developer if he buys the property. A revised resolution was distributed. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 192 Cm. Moffatt asked if the property is to be sold includes the cedar tree? Lee stated if in fact the CC approves that plan at the next meeting, the City would hold onto that and maintain it. The corner would remain with the City and we would only sell the part they need. Eric Hasseltine, representing the developer and applicant discussed the site plan approved by the Planning Commission last week which was displayed. This involves the sale of approximately 10,000 square feet necessitated by the size of the building and parking requirements, plus access/egress. Concern about the trees arose. They did propose to save the large cedar. They propose to add about a dozen trees but they do propose to remove the 10" and the 12" trees on the corner. It is of some importance and consequence to the owner/applicant related to the prospect of closing the dea with UNOCAL this week and not having a firm deal of approval of the project on March 27th. He feels the frontage property is important to the current project on the site. They want to compromise and take as little as possible away from the site, but at the same time take enough to preserve the trees. They are, once again, adding a number of trees to the site. Without jumping the gun on the appeal, the City Council almost has to make a. decision about how much they want to sell. The San Ramon Road Specific Plan allows for a 25% decrease in parking if evidence is warranted. The Planning Commission found that the reduction was warranted. They would appreciate knowing exactly what the City intends to do on the sale of this property. Mr. Hasseltine advised that the architect and owner were also present. Mr. Thompson clarified that both of the plans displayed have 40 parking spaces, but they are just configured in different locations. Mr. Hasseltine stated they are concerned about losing 1 or 2 of the spaces. Cm. Moffatt stated the trees were more 'mportant because this is one of the gateways into the City of Dublin. He would like to soften this up and not have 30' signs of dogs wagging their tales. He doesn't want to see Las Vegas type signage. He wants to make sure the ambiance is not interfered with. Mr. Hasseltine stated they are very flexible on this and the Planning Commission okayed a sign. They need to go through the appea hearing, but they still need to know what the City will do with regard to selling the property. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 193 Cm. Burton stated selling the property '~s one issue and the tree saving is another issue. He asked why they didn't take the part north of the entrance and use this as tradeoff to keep the corner? Mr. Thompson stated in the past, other properties that have been sold were a part of the property. The Springs might object to losing part of their frontage. Cm. Burton felt it was not likely that people will use the parallel parking spaces, but they are satisfying their requirements by having these. Mr. Hasseltine stated this was correct. They feel they have ample parking for the use but they are coming up against the maximum variance allowed by the code. Cm. Barnes stated she liked the appearance of the corner. Her problem is with the sign, but that will be discussed at the appeal. Mr. Hasseltine stated it would be helpful to know if there were concerns related to where the sign is to be located. Mr. Tong stated if the City maintains the property on the corner, a private sign would not be allowed for placement at that location. Mr. Ambrose pointed out where the sign would have to be if the corner is not sold to the applicant. The one sign would be above the driveway on San Ramon Road. Mr. Hasseltine stated they will also have signs on the building. Mr. Ambrose explained that one of the reasons for the City to retain the property would be to prohibit a sign from being ocated on it. Concerns about the City's sale of the property were appropriate to be discussed at this time. Cm. Barnes asked if on the drawings the light green represented existing trees. Mr. Ambrose stated this was correct and showed the,path area and the proposed new path on the drawing. Mr. Hasseltine stated they can live with the designs. Cm. Barnes commented that the sign cannot, by our current ordinance be on that corner. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 194 Ms. Silver stated the sale does not approve the location of the sign. Mayor Houston pointed out that they don't want to buy and not be able to put a sign there. Mr. Thompson showed where the property line would be Richard Garriante, Rhoda Avenue expressed his appreciation for the City Council being available. He expressed concerns with the proiect. There are really no neighbors here, but we should really consider the future for the City with regard to this piece of property. They use the trail a lot. We should consider that this is a gateway entrance to the City. This is a treasure right now. It has some historical value and has some beauty value. Livermore iust turned one of their little rose gardens into a peace park. He felt this was like trying to put a square peg into a round hole. He was surprised that they had gotten as far into this as they have. The City should go back and look at what they really want to do for the future of Dublin. He is bothered by calling this excess property. If this were put to a vote, how would people feel about selling this land? 4e has only lived here for 3 years but takes great pride 'n the community. The building is just too big for this site. Don't sell the property. Think about what could fit on that property. The Springs apartments there really have a nice setting, kle likes the look because it is natural. He would ike to see an area with a bench and a sign saying, "Dublin welcomes you". This could be right next to the business. What's driving this is the parking. Tom Ford, Tina Place Briarhill, stated this is the entrance to his home area. He is very sensitive about this. Vision is very important. Aesthetics and beauty are 'mportant. Landscaping enhances business. Years ago, a lot of walnut trees were removed when San Ramon Road was widened. The service station across the street when it was remodeled removed a very large tree. A bank facility which was beautiful and which had several large trees was removed and a fast food restaurant went in with much less landscaping. He discussed delayed City andscaping projects. A lot of vegetation has been lost and has not been replaced. A key point is Dublin must remain competitive with surrounding cities. We definitely have an 'mage problem here in Dublin. Let's keep the green 'n Dublin, particularly with St. Patrick's day coming up. Janet Lockhart spoke as President of the Chamber of Commerce and commended everyone here for the effort of compromise. Do the best for residents and do the best for the business community. New business can support all our efforts to make Dublin a better place to live. She also commended the people from PETCO 'n working with the changes to maintain the aesthetics of that corner. With progress comes change and it's not always bad. Corners where there are healthy thriving businesses as well as trees are important. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 195 On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council adopted RESOLUTION NO. 30 - 95 APPROVING SALE OF SURPLUS CITY PROPERTY (NORTHWEST CORNER OF SAN RAMON ROAD & DUBLIN BOULEVARD) TO THOMAS PROPERTIES SUBJECT TO CONDITIONS recompacted on the site. on at the site. Mr. Hasseltine stated there is some soil work going on on the site and the soil needs to be He wanted to make sure no one misinterprets the activity going HERITAGE CENTER RENOVATION CONTRACT CHANGE ORDER -//:2 (600-30) Parks & Community Services Director Lowart presented the Staff Report and advised that a severe leaking problem has been discovered in the bell tower of the old St. Raymond's Church, due to improper past repairs. If the situation is allowed to continue, the Church interior and structura support wil be severely compromised. The estimated cost increase as submitted by Skyline Construction is $21,833.96 and 20 additional working days are required. Additionally, Staff recommended that a 5% contingency be added to the amount to allow for additional inspection costs associated with the increased work and the additional working days. Consequently, this will increase the cost of the Heritage Center Renovation to a tota of $241,1 75. Cm. Moffatt asked about the old historical siding and if it could be saved and reused? Ms. Lowart explained that if you look closely, the bell tower has shifted over the years and it would be a lot more cost effective to use the siding in the church and purchase additional siding. Cm. Moffatt asked if you mix the new and the old could you still use it and cut down some of the costs? Ms. Lowart advised the architects and contractor don't feel this could be done. Cm. Burton asked if the cost includes getting rid of the bees? Ms. Lowart stated there are no bees there anymore, iust honey. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 196 Mayor Houston felt we are in deep, so we have to do it. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the Change Order and Budget Change Form. AUTHORIZATION TO PARTICIPATE IN REGIONAL AERIAL PHOTOGRAPH PROJECT (600-30) Management Assistant Barker presented the Staff Report and advised that the City of San Ramon has acted as the ead agency for coordinating a regional photography project. The approach was structured in a manner which attempted to provide a cost sharing arrangement for all participants. Tine City of San Ramon has extended an opportunity for the City of Dublin to participate in the proiect, which will potentially provide information at a lOwer cost than the City would incur if the information were gathered solely for one agency. Mr. Barker advised that the total cost for Dublin's portion of the project is estimated to be $41.031, assuming that all agencies 'dentified with interests similar to Dublin participate. This funds a full set of printed aerial photos in addition to the electronic conversion of the photos. Without the multi-jurisdictional cooperation, Staff estimated that the same project would cost approximately $97,080. A budget adjustment for $6,613 is necessary for Fiscal Year 1994-95 to fund initial phases of the project. The remainder of the project $34,400 will need to be budgeted in Fiscal Year 1995-96. Mr. Barker advised that the data collected by this project is only one element of data which could be applied to a Geographic nformation System (GIS). The Master Plan assumed that permit tracking and other parcel related data would be implemented prior to the implementation of GIS software. The GIS implementation is scheduled for Fiscal Year 1996- 97. The ability to man'pulate aerial photography on the computer is done through GIS applications, thus, the GtS program must be purchased prior to implementing full use of the electronic maps. Cm. Burton felt that every time we get a new computer, the old one is obsolete. He asked about #2 on second page. Mr. Barker stated we have the GIS software projected in 1996-97, so aerial photography works in conjunction with that. The benefits that we receive out of our $40,000 wil be quite a tremendous customer service tool. Mr. Ambrose stated our current base mapping system was done in 1983. If you go to a counter and are looking at a piece of property, everything that has occurred since then is CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 197 not on the maps. At some point, we have to update those maps. We did successive overlays on that base map up until about 1986. A lot of the agencies around us are saying they are not going to the old paper maps. By getting this on the computer we are able to get a lot more accurate information and an inventory to see what's on specific sites. There are also some other applications. Last year, we didn't even think this was in the financial ball park. The other agencies are going to be moving at this time so we have a window of opportunity to participate. Cm. Burton asked how we update this? Mr. Ambrose stated the developers these days are designing their projects on cOmputer. They will design it in a format compatible with our system. The information will go into the data processing system. Mr. Barker stated it is possible to oVerlay them because the City is being surveyed Cm. Burton questioned why we will have to pay $41,000 when we could get our own system for about $100,000, Mr. Ambrose stated it depends on what areas we want to fly. Each agency deCides what areas they want flown. Mr. Barker pointed out that all of us share in certain areas. Mr. Rankin advised that San Ramon has coordinated the whole thing and in the case of Cable TV, the numbers they are participating in is much fewer for their purposes. Mr. Ambrose advised that Staff recognizes this is a lot of money, but Staff felt it was an opportunity that needed to be brought before the City Council. Mayor Houston asked when they are going to fly? Mr. Barker stated they wanted to fly yesterday. Mr. Ambrose advised that if a number of other agencies drop out, we may come back and say don't participate. TheY are trying to fly right away to beat the tree bloom. Cm. Moffatt asked if the. re is a chance we can spin some of this map off and sell the developers some of it. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 198 Mr. Barker stated they are discussing this as it relates to the Public Records Act. There are some issues we need to nail down in the agreement. Do we own it exclusively? It may come down that we don't want to own it, but just be licensed to use it. We will work with the City Attorney to hammer out some of the issues. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council conceptually approved of the City's participation in the project and directed Staff to finalize an agreement with other jurisdictions for approval by the City Council at a future meeting. REVIEW OF PROCESS BY WHICH PLANNING COMMISSION CHAIR AND PARKS & COMMUNITY SERVICES CHAIR APPOINT PEOPLE TO COMMITTEES (610-20) Mayor Houston commented under the Other Business section of the February 27, 1995, agenda that he felt the Planning Commission and the Parks & Community Services Commission should be subject to the same rules as the Mayor and City Council with regard to making appointments. Mayor Houston stated he brought this up and was surprised to learn that the Chair of these other groups can just make appointments. A confirmation of the majority of the body is important. Mayor Houston asked with regard to the Heritage Center Advisory Committee if the 2 DHPA members would be voting members? Ms. Lowart responded yes they would'be able to vote. Cm. Barnes stated she sat on the Planning Commission for almost 9 years, some of that time as Chair, and asked when she ever appointed anybody? Mr. Tong confirmed that the Planning Commission has not appointed anyone. Mayor Houston felt there could be a situation in the future with any of the groups. There may be opportunities in the future, t won't happen nearly as much as the City Council, but it should be the same all across the board. It should follow the same regulations as the City Council. Cm. Burton read from the bylaws and stated he felt minor modifications could be made. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 199 Mr. Ambrose stated he felt in the bylaws there were some areas for interpretation. Some of the language seems to be a little vague. Cm. Moffatt questioned if the City Council should make the bylaws rather than the groups themselves. City Attorney Silver stated that the Planning Commission Ordinance says the Commission shall adopt bylaws. If the Council wanted to adopt the bylaws, the Ordinance would have to be amended. Cm. Moffatt stated he felt the bylaws should be brought before the City Council for approval. Mayor Houston felt whatever we need to do to change the bylaws, they should be changed to say the Chair makes the appointment with the approval of a majority of the group. This just makes sense. Cm. Burton pointed out that the Chair rotates by a consensus of the group. Cm. Barnes stated she was uncomfortable because she felt there was a separate agenda going on. Cm. Moffatt suggested that the City Council go through the bylaws and make any changes. The City Council can create the changes or concepts in the bylaws. Cm. Burton felt that all that is needed is a change in one or two sentences. Mayor Houston stated he was 'n favor of reviewing the bylaws. Mr. Ambrose stated if you look at some of the other agencies such as DRFA, the City Council adopted the MOU and then the group adopted their own bylaws. The City Council approved the Parks & Community Services Commission bylaws, but the Planning Commission adopted their bylaws. Cm. Burton suggested some wording changes on page 2 of the Planning Commission bylaws and also on page 2 of the Parks & Community Services Commission bylaws. You could say, "the chairperson.., upon approva of the commission". Maxine Jennings felt some worc:J smithing was what was needed. She was under the impression that it takes more to change bylaws than rules and procedures. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 200 Mr. Ambrose explained that it is set by the Council's previous actions. The terms bylaws and rules of procedure are used interchangeably. The City Council would need to modify the ordinance for the Planning Commission and the Resolution in the case of the Parks & Community Services Commission. Cm. Moffatt felt it would be good to standardize all the documents. Ms. Silver stated the Municipal Code would have to be amended. Currently the code gives the Planning Commission the authority to adopt bylaws. Cm. Burton suggested letting the Planning Commission change the wording. Ms. Silver confirmed that the City Council coulcJ suggest that the Planning Commission change their bylaws. Mayor Houston asked if the Council was conceptually 'n agreement? Cm. Barnes stated she did not see this as a problem. Mayor Houston felt with the Parks & Community Services Commission, we may have other committees and he felt it should be standardized to say the Chair makes the appointment and the others must confirm. He felt the City Council should be making the rules and bylaws and not the commissions. Mayor Houston made a motion, which was seconded by Cm. Moffatt to just make that portion of the bylaws conform to the same guidelines that the City Council now has. This motion was defeated due to NO votes cast by Cm.'s Barnes, Burton and Howard. OTHER BUSINESS Upcominq Meetinq Reminders (610-05) Mr. Ambrose advised that the Graffiti Task Force would be meeting tomorrow afternoon. The Pleasanton liaison committee will meet at 6 p.m., on Wednesday. The Dublin Unified School District liaison committee will meet on Wednesday afternoon. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 201 ABAG Subre._qional Pilot Pro.qram Meetinqs (140-10) Cm. Barnes stated she was asked by Millie Greenberg several times to attend the ABAG Pilot Program meeting this mornings. She was concerned that the meeting should be noticed. Mr. Ambrose advised that Staff notices these meetings. Cm. Moffatt asked if the other agencies notice these? Staff responded that they did not know how the other agencies handle noticing. Cm. Barnes advised of a problem at the meetings, and asked if we can get a 30 cup pot of coffee. Ms. Lowart stated someone would have to make it at 7 a.m. We don't have a pot that large. Mayor Houston asked if Staff could get another coffee pot down in the Regional Meeting Room. City Reception (610-50) Cm. Barnes thanked Kay Keck and Diane Lowart for putting together the reception tonight just prior to the City Counci meeting. It was good to see a hometown young man given the business. Joe Rodrigues, Valley Catering catered the event. It was very well done. Cm. Burton commented that it is nice to have a person like Cm. Barnes on the Council. St. Patrick's Day Sidewalk Sales ((450-50) Cm. Burton stated the City sends out a zoning clearance application form for people who are going to put things out at St. Patrick's day. The form doesn't define what they are applying for. Maybe we should look at this a little differently. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 202 Mr. Ambrose and Staff advised that we have a whole packet of information that typically goes out with the form that Cm. Burton had. There was reference in the Chamber of Commerce newsletter to this form. Cm. Burton suggested that "Sidewalk Sales" be put sales across the top of the form. Mr. Ambrose stated Staff can work closer with the Chamber to make this a little more understandable. Ms. Lowart repOrted that the City made a.separate mailing so that businesses were informed about everything. Lea.que of CA Cities Maqazine Article (140-20) Mayor Houston brought up the subject of an article in the LOCC magazine about deep cuts in the Block Grant program as part of cost cutting back in Washington. He asked if Staff was following this? There might be something coming down the pike that we need to look at. Mr. Ambrose stated they propose to take about a dozen different programs and pare them down. Staff is getting information the same way the City Council is. We will make sure we are in c lose touch with Alameda County Community Development staff. Some programs might not impact us as much. Staff is aware of this. Cm. Moffatt advised that he is on the policy committee of the League and there will be a meeting on March 31. They are aware of this also. CLOSED SESSION At 10:37 p.m., the Council recessed to a closed session to conference with Legal Counsel 1) Anticipated Litigation (640-30) - Significant exposure to litigation pursUant to Government Code SectiOn 54956.9(b)(1) and (3)(A) - One potential case and 2) Government Code Section 54957, Public Employee Performance Evaluation, Title: City Attorney (600-30). CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 203 REPORT ON CLOSED SESSION ACTION City Attorney Silver announced that no action was taken. ADJOURNMENT There being no fudher business to come before the Council, the meeting was adjourned at 11:45 p.m. ~ ~/City Clerk Mayor CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING March 13, 1995 PAGE 204