Loading...
HomeMy WebLinkAbout10-24-1995 Adopted CC MinutesREGULAR MEETING ~ October 24, 1995 A regular meeting of the Dublin City Council was held on Tuesday, October 24, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11 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. Mayor Houston announced a change in the order of the agenda and stated Items 3.3i 7.1 and 8.2 would be heard right after the consent calendar. Also, it was determined that the Council would hold the annual Dublin Information, Inc., meeting following the City Council meeting rather than before. PROCLAMATION 7:12 p.m. 3.1 (610~50) Mayor Houston read a proclamation declaring October 1995 "Family History Month" and urged all residents to celebrate by beginning or continuing the study of the part their ancestors have played in the development of this City, State and Nation. PROCLAMATION 7:12 p.m. 3.2 (610-50) Mayor Houston read a proclamation (3.2 ¢10-50) declaring October 23~31, 1995 as "Red Ribbon Week" in Dublin, and encouraged all residents to join in the battle against alcohol and drug problems by participating in activities in recognition of this observance. Lieutenant Gomes accepted the proclamation. CITY COUNCIL MINUTES VOLUME 14 -~' REGULAR MEETING October 24, 1995 PAGE 489 INTRODUCTION OF NEW EMPLOYEES 7:13 p.m. 3.4 (700~10) The following new employees were introduced: Kathy Bassett ~ Dublin Police Services Sheriff's Technician; Steve Honse ~ Administrative Assistant in the Administrative Services Department; Paul McCreary ~ Parks & Community Services Recreation Coordinator; and Ken Seumalo ~ Assistant Civil Engineer in Public Works. The Council welcomed the new people on board. CLOSED SESSION ADDED 7:17 p.m. 10.1 (640-30) On motion of Mayor Houston, seconded by Cm. Burton, and by unanimous vote, the Council agreed to add a closed session item as 10.1 pursuant to Government Code Section 54956.9 subparagraph (a) to confer with legal council related to existing litigation, City of Dublin vs. John E. Madden, et al., Alameda County Superior Court #V~009574~ 1. The basis for placing this on the agenda is that the City received a settlement proposal after the agenda was posted and the settlement proposal requires a response before the next City Council meeting. The item was added pursuant to Government Code Section 54954.2 subparagraph (b). CONSENT CALENDAR 7:18 p.m. On motion of Cm. Barnes, Cm. Moffatt, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 26, 1995; Received (4.2 320~30) the city Treasurer's Investment Report for the period ending September 30, 1995 showing the City's investment portfolio at $21,793,120.38 with funds invested at an annual average yield of 5.893%; Received (4.4 330-50) a Preliminary Financial Report as of September, 1995; Adopted (4.5 600~30) RESOLUTION NO. 118 - 95 AWARDING A CONSULIING CONIRACI TO SYCAMORE ASSOCIAIES LLC (Eastern Dublin Comprehensive Stream Corridor Restoration Program and Grazing Management Plan) $40,000 CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 490 Adopted (4.6 Adopted (4.8 600~3o) RESOLUTION'NO. 119 - 95 AWARDING CONTRACT 95-04 BIENNIAL STRIPING AND MARKING PROJECT TO RILEY STRIPING ($49,S55) 60o-3o) RESOLUTION NO. 120 - 95 APPROVING AMENDMENT TO AGREEMENT WITH TRI-VALLEY JANITORIAL SERVICE FOR CITY FACILITIES (Add Dublin Heritage Center) Authorized (4.9 600~30) Staff to solicit bids for landscaping on San Ramon Road at Amador Valley Boulevard (northwest and northeast corners); Adopted (4.10 1020~ 30) RESOLUTION NO. 121 - 95 RESOLUTION OF INTENTION TO FORM UNDERGROUND UTILITY DISTRIBUTION FACILITIES DISTRICT ON DUBLIN ~BOULEVARD FROM 1-680 TO 600 FEET WEST OF CLARK AVENUE (UNDERGROUND UTILITY DISTRICT 95-1) and setting public hearing dates of November 1.4 and November 28, 1995; Approved (4.11 300~40) the Warrant Register in the amount of $940,051.08. Cm. Moffatt requested that Item 4.3 be pulled from the Consent Calendar for discussion. He questioned the $11~000 mitigation funds and asked if these will be taken out of the General Fund. Mr. Rankin stated this will be paid by BART, but as of June 30 we had not received the money. Mr. Ambrose clarified that this wss for the western Dublin station. Other funds were advanced and we will collect them back' as a fee. On motion of Cm. Moffatt, seconded by Cm. Burton~ and by unanimous vote, the City Council adopted (4.3 300-20) CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 491 RESOLUTION NO. 122 - 95 MAKING FINDINGS REGARDING UNEXPENDED IMPACT FEES (DEVELOPER DEPOSITS- AB 1600) FOR FISCAL YEAR 1995-96 Cm. Burton requested that Item 4. 7 be removed from the Consent Calendar and stated he felt this would be a good time for DPS to use this informational report as a public relations item and asked Lieutenant Gomes to explain the report. Lt. Gomes made an oral Staff presentation, showed overheads and explained how the two-beat/three-beat system would worl¢. It has been used since the beginning of October. On motion of Cm. Burton, seconded by' Cm. Howard, and by unanimous vote, the Council received (4.7 580-20) an informational report on the Dublin Police Services Two-Beat/Three-Beat System. CERTIFICATE OF APPRECIATION 7:30 p.m. 3.3 (610-50) Mayor Houston read and presented a Certificate of Appreciation to Betsy Chapman for her dedication and perseverance related to the new community gymnasium. Mayor Houston thanked the young people who really jump-started this program, which will culminate later in the meeting when the .City Council hopefully approves the agreement. John Westerlund and Chris Pedersen thanked the City Council, particularly Cm. Burton for helping them start their new business of curb painting to help build the gym. They charge $7 to paint a curb and $2 of it went toward the gym. They collected $182 to go toward this gym. They presented a check to the City. Cm. Burton stated he was impressed that they made this commitment and stuck with it. We received no complaints and this was one of the concerns of the City. He was proud of them. The City Council directed Staff to place the gift on the next agenda for formal acceptance. Cm. Barnes commented that she was always one of those people who felt you could fight City Hall. Betsy had a dream and she went for it and she thanked her. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 492 PROPOSED VALLEY HIGH SCHOOL COMMUNITY GYMNASIUM 7:36 p.m. 7.1 (600-40) Parks & Community Services Director Lowart presented, the Staff Report and advised that in July of 1995, the Dublin City Council and the Dublin Unified School District Board of Trustees held a joint meeting to discuss a proposal developed by the City/School District Liaison Committee for a I 0,000 square foot community gymnasium to be built at Valley High School. The responsibilities of both agencies have been discussed and agreed upon. On October 18, 1995, the DUSD Board unanimously approved the agreement. Mayor Houston asked if there had been any changes in the agreement. Ms. Ix>wart stated the School District made several minor word changes to the agreement. We clarified the maintenance responsibilities of the agreement. We identified square footages and the portions of the gym that the City would be responsible for reimbursing the SD for in terms of maintenance. Cm. Moffatt asked when construction would start. Ms. Lowart replied the best case scenario would be this summer. Cm. Moffatt asked how it would be handled if there are conflicts. He understands we have a year if we want to get out of the contract. He asked if there is any mechanism for arbitration. Ms. Silver stated there is no provision for arbitration so if it can't be resolved, the other party could file a lawsuit. This is typical when you are a party to an agreement. Each agency CoUld specifically agree to arbitrate. Ms. Lowart stated there was a provision in the contract previously and the liaison committee did not like this language so they removed it. Cm. Moffatt asked about the paragraph allowing the District to close the gym for 30 days. He asked if this would be just for maintenance. Ms. Lowart stated this would be for maintenance. Mayor Houston stated the 30 days would be for large maintenance or waxing the floors, etc. Cm. Moffatt stated some of his senior citizen friends wanted to know if the gym could be used for some of their activities. Ms. Lowart stated yes, they would be eligible to use it for gym type uses. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 493 Betsy Chapman, 11579 Circle Way, stated she wrote her first letter exactly one year ago today to then Mayor Peter Snyder. She is still' in a state of shock that so much has been accomplished in such a short period of time and she thanked the City Council for making the gym project happen. Bob Fasulkey, 777¢ Topaz, stated he was honored to participate in some of the planning that went into the gym. He wanted to recognize the people on the Task Force. Jeff Chapman, 11579 Circle Way, stated he was glad to see it come to this night. He has been involved with basketball for some 25 years. He is always happy to see teamwork. What has been seen is a keen level of teamwork. He thanked everyone involved. On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 123 - 95 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENI WITH DUBLIN UNIFIED SCHOOL DISTRICT REGARDING USE OF FACILITIES (VALLEY HIGH SCHOOL GYMNASIUM) The Council inquired as to the status of a joint meeting with the School Board. Ms. Lowart reported that due to scheduling conflicts, there is no joint meeting scheduled. Mayor Houston advised that the next big event will be the groundbreaking and it will hopefully be next summer. We can make a real party out of it at that time. RECOMMENDATIONS FROM TEEN TASK FORCE 7:48 p.m. 8.2 (950~80) Parks & Community Services Director Lowart presented the Staff Report and advised that the estimated budget needed to implement the recommendations of the Teen Task Force and to provide Staff support to the Ti'F is $5,720. As indicated in the Staff Report, this amount would be offset with $2,800' in revenue, resulting in a net cost to the City of $2,920. Ms. Lowart stated the Parks & Community Services Commission reviewed the recommendations of the TTF on October 16, 1995 and unanimously recommended that a budget adjustment be made to fund the activities. Ms. Ix>wart stated the TI'F has shown that they are truly committed to furthering the opportunities available for teens in Dublin. In order to maintain the momentum that has CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 494 already been created, Staff believes that it is important to provide funding for the proposed activities. Cm. Burton asked how many teens participated in some of the programs. Ms. Lowart stated in the current budget we have noon time programs at Wells that average between 25 and 45 students. Other events between draw between 15 and 18. This budget adjustment will focus on the high school age. There were 200 teenagers who attended an activity recently. The task force members really promoted the activity. It was very successful. On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council approved the Budget Change Form. REQUEST FROM DUBLIN UNIFIED SCHOOL DISTRICT TO RECONVENE THE COMMUNITY FACILITIES TASK FORCE 7:52 p.m. 5.1 (280~10) Parks & Community Services Director Lowart advised that the School District is requesting that the Community Facilities Task Force be reconvened for 2 additional meetings in order to obtain community input on the masterplans for Dublin High School as well as for Dublin Elementary School and Nielsen Elementary School so that all facets of potential users are included in the process. Cm. Burton asked if this is directly connected to the decision to keep Nielsen open and also reopen Dublin Elementary. Ms. Lowart stated they are moving more quickly and the fact that they are both going to be open, this impacts the layout and the use by the community. cm. Moffatt stated at some time in the future, he would like to see the City get involved with the high school to address the library issue which he understands is very minimal at this point. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council approved the request and directed Staff to notify Task Force members of the additional meetings. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 495 PUBLIC HEARING - NO PARKING ZONES ON CURB RETURNS AT SIERRA COURT/TRINITY COURT INTERSECTION 7:55 p.m. ¢.1 (570-20) Mayor Houston opened the public hearing. Public Works Director Thompson explained that Staff proposed the installation of red curb on the curb radii at the intersection of Sierra Court and Trinity Court so that it is clear that parking is not allowed in these areas. Currently, vehicles are being parked on the curb returns at this intersection, causing a visibility problem for drivers coming out of Trinity Court. Staff feels this action will assist Police Services to enforce the California Vehicle Code provision. Cm. Burton commented that since we put in the traffic signal this has become a needed bypass. Traffic has increased in this area. No testimony was entered by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Moffatt asked if there would be an enforcement problem here. Staff responded they did not anticipate any problems. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 124 - 95 ESTABLISHING NO PARKING ZONES ON CURB RETURNS AT THE SIERRA COURI/IRINITY COURT INTERSECTION PUBLIC HEARING TWO-HOUR PARKING ZONE & NO PARKING ZONE ON DONLON WAY 7:58 p.m. 6.2 (570-20) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and advised that portions of Donlon Way within a commercial area are being used to store boats and other vehicles. This change to 2 hour parking would allow businesses to use the parking during the day and the residents to use the parking in the evening and on weekends. Staff recognized that residents of The Springs Apartments and the Kildara Townhouse Development may need some of this on-street parking for vehicles that cannot be accommodated by on-site CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 496 parking. For reasons of consistency, Staff proposes to extend the 2 hour parking to a part of Donlon Way south of Dublin BouleVard, where there is a short existing 2~hour zone and a short area of unrestricted parking. Most of Donlon Way south of Dublin Boulevard is a no parking zone because the street is too narrow to allow parking. However, the businesses in this area have large parking lots, and there are no adjacent residences. Mr. Thompson advised that Staff mailed an initial letter to the businesses and residences, stating the problem and the proposed solution. Several letters and telephone calls were received from residents and business owners, both supporting and opposing this action. Mr. Thompson stated Staff feels that the proposed 2~hour parking zone is a compromise that would serve the majority of businesses and residents. In addition, Staff proposes to install 15' of red curb on either side of each driveway for visibility purposes. Manuel Minhoto stated he works for Luso~American Life Insurance Society who owns the building at 7080 Donlon Way. Besides the fact that both cars and boats are parked in the area, there are limited spaces available for commercial buildings. There are two other buildings near theirs. Where cars and boats are parked for days at a time, this detracts from their businesses. They recommend adoption of this 2~hour parking from 8 a.m. to 5 p.m. Tim Ogles, 11807 Newbridge Way, stated he lives in the Kildara complex. They each have 2 parking spaces, one of which is their garage. He purchased his unit because there was additional off~site parking. Between he and his roommate, they have 3 cars. All the businesses have parking lots with more than adequate space available. He felt the real issue is cars on the street overnight and boats parked there. Perhaps as a compromise we could allow them to park on one side of the street only. Marcus Bigelow, 7365 Hansen Drive, stated he is Pastor of the Dublin Christian Church on the south side of Donlon Way. So far, there has never been a problem with long term parking on the west side of the street. He asked if it would be possible to make it 3~hour parking as they have a shared parking arrangement with the office building. They often have Bible studies mid~week and they sometimes go 2 1/2 to 3 hours. Jim Fogo, 11828 Dunstown Court, stated he too is a Kildara resident. They have S professionals who lives in his condo. They rotate vehicles parked out on Donlon Way. Maybe their beef is with Kildara. He agreed that there are a lot of cars out on the street and if they are not registered they should be towed. However, if they are legal, they should be allowed to park out there. There are plenty of spaces at the offices. There is a tremendous amount of vandalism on that street at night. He owns a boat and it sits there maybe a night every couple of months. It gets vandalized every time he puts it out there. This is another issue we should be looking at. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 497 Rolanda Dela~Cruz, 7272 Cronin, stated she lives in the Kildara complex. Donlon Way is a commercial district and there are probably about 300 to 400 households that live around Donlon Way. He was confused about the issue. Is it parking or long term parking? He counted the number of spaces around the buildings. There are 199 spaces. Between 110 and 113 vacant spaces were available on visual checks made at 10 a.m. and at 2 p.m. Plus, you can park about 25 to 30 cars on Donlon Way. Obviously, parking is not the problem. If a car is parked on Donlon Way for 2 or 3 days, who knows if they are there for business. If they are registered, clean, etc., what is the problem? He occasionally has company for several days at a time and he has them park out there for 1 or 2 days at a time. When visitor spaces become available, he has them pull their cars into the complex. Maybe on the west side we would make it 2 or 3 hour parking and on the other side make it unlimited. He sees this as a waste of taxpayer time and money. Tim Darby, 7100 San Ramon Road # 155, stated this is the only street parking in the whole area. He lives in The Springs and is allowed one parking space. He has 2 vehicles. He talked to the Traffic Supervisor one time when his vehicle was tagged without prior marking of the tires. He was told they are too busy to patrol this and don't have the time to follow up on this. They only have 2 officers on traffic patrol at any one time. The City is really short on being able to go to this area every 2 hours and to mark them and tow them, etc. He also surveyed the businesses and they are never even close to being filled to capacity. There is no reason to do this because parking is not a problem. Chris Aviles, 7080 Donlon Way stated she is an agent for Luso~American, who leases property on Donlon Way. It is not so much parking as the issue, but the attraction with parking of boats. They are requesting this because this is an historical landmark area and when they have perspective clients coming to the area, they will see the premises are kept up to a certain level of professionalism. They are just concerned with the term and how long cars sit. The issue is not whether there is enough parking, it's what's parked there and for how long. They want to see the money they've put into the building work harder. They don't want to become unfriendly with the neighbors, they just want to see the area keep up with the image they are trying to keep up. Donalda deMelo 7080 Donlon Way, with Luso~American stated she drives by this area every day. She lives in San Ramon and they have an ordinance that no boats can be parked on the streets. This is not professional. Dublin should have this restriction too. Mayor Houston closed the public hearing. Cm. Moffatt asked Manual Minhoto if they would consider a compromise of just restricting trucks and trailers. Mr. Minhoto stated the boats look terrible. They detract from the whole area. They have an interest in keeping the area up. This is not an irrational request. There are some CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 498 historical monuments in this area. The aesthetics of the boats out there days at a time is something that would did not appeal to any rational person. Cm. Barnes stated she thought you couldn't park boats in the street. She thought this was covered as part of the RV ordinance. Mr. Rankin stated he thought the RV Ordinance covered parking on residential property. Mr. Tong stated parking of boats on the street is covered under the California Vehicle Code. Cm. Howard felt they cause a traffic hazard. Mayor Houston commented that he has almost been killed because of the ugly wreck parked in front of The Springs. It is a severe hazard. It is a safety thing with the boats. Cm. Moffatt asked if it is illegal to make a resolution.saying no boats or campers on a specific street. Ms. Silver stated Staff would need to go back and take a look at this. The CVC preempts local regulation unless it specifically authorizes the City to regulate the use of streets. If the City Council wishes to restrict the parking of boats on the street, Staff can look into this. On motion of Cm. Moffatt, seconded by Mayor Houston, and by unanimous vote, the Council directed Staff to review and determine how the City could restrict boats, RVs, and trucks over a certain size on Donlon Way both north and south of Dublin Boulevard, on both the east and west sides of the street. Basically, it should address oversized vehicles. Mayor Houston clarified that the item was continued to the next City Council meeting on November 14, 1995. Cm. Howard asked if this would apply to every street in Dublin or if they could do it for just Donlon Way. Cm. Burton agreed with restricting boats and RVs, but he felt they should just restrict them on the west side because the east side is residential. He has seen boats on both sides. He was not as concerned with the time limits. Mayor Houston stated he frankly felt the vehicles don't belong there. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 499 Cm. Barnes asked if we should contact Kildara about opening up some spots. Can we talk to them? It would be nice to know how many spaces they have and how many units are in Kildara. An unidentified member of the audience said Kildara has several visitor spots, but if residents park there, they are towed. PUBLIC HEARING ~ ARLEN NESS ENTERPRISES GENERAL PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND SITE DEVELOPMENT REVIEW PA 95-035 8:34 p.m. 6.3 (420-30) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and advised that this request is to amend the General Plan to allow indoor retail sales of motorcycle parts and to allow greater lot coverage, a Conditional Use Permit to allow retail sales in the M-1 zone; and a Site Development Review to allow a 44,01 ¢ square foot building with ¢7 parking spaces. Mr. Carrington stated a Negative Declaration has been prepared pursuant to the California Environmental Quality Act, State CEQA Guidelines and the City of Dublin Environmental Guidelines. The project, as proposed, will not have a significant effect on the environment. Mr. Carrington stated Staff recommended that the City Council adopt the draft Resolution approwng the GPA from "Business Park/Industrial: Outdoor Storage" to "Retail/Office and Automotive" as the proposed land use designation would be consistent with existing uses in the area, would be appropriate for the entryway to Eastern Dublin, and would permit a land use which would be a valuable addition to the City of Dublin. Mr. Carrington stated Staff recommended that the City Council adopt the draft Resolution approving a CUP to allow an indoor retail use in the M~I, Light Industrial District as the proposed retail facility would meet the intent of the M~ 1 District and would be consistent with existing uses in the area. Mr. Carrington discussed the Site Development Review portion of the Staff Report, which addressed the architecture, setbacks, building heights, signage, landscaping, parking, remediation of gasoline storage impacts and traffic impacts. Mr. Carrington, in summary, stated Staff recommended that the City Council adopt the draft Resolution approving a SDR to allow a two-story 44,01 ¢ square foot building with ¢7 parking spaces. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 500 Cm. Burton stated in looking at the building, since it is at one of our first corners, asked if we have a way of giving it some elevation since it is very flat. Is there a simple way to dress it up a little? A representative for the Applicant stated it has been a marathon for the last 2 months getting through the SDR process. They are very anxious to get the project up and running. He showed Mr. Ness' catalog to the City Council illustrating what they will be selling from this facility. He felt the Applicant would consider changing the elevation in the front entryway. They could increase the height a few feet and felt they would be receptive to this change. It is currently a typical 24' two story building. They also are interested in aesthetics. From this stage they will go into the construction document stage. Cm. Barnes asked if the colors were set. She asked how big the sign letters were. She felt what the City Council would hear about is that gray is a color that people are not too happy with. Gray looks like concrete. She questioned the size of the logo on the building. The Applicant's representative said the logo needs to look proportionate to the building. Mayor Houston felt the City Council should decide what colors they want. Cm. Barnes stated she was not interested in reinventing the whole thing. She is not an architect and a designer. She just knew the comments they would get if it is gray. The Applicant indicated they have some latitude with the colors on the building. The plaster they can do any color, but the color pallet they pick from is a standard selection. The two different grays are a contrast and if this is not appropriate they have to get into custom colors. Mayor Houston requested that they do what they can to break up the stark cement look. Cm. Moffatt commented that the back of the building has pretty straight lines and asked if there had been any thought to graffiti prevention. The response was yes, they will utilize a graffiti coating and they've agreed to accept a condition to keep the building clear of graffiti and other debris. There will be security lighting and parking lighting and a fence along the south side and along the railroad tracks. Cm. Moffatt asked about placing landscaping close to the building as landscaping can inhibit graffiti. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 501 The Applicant stated there was a landscape plan in the package. Mayor Houston asked what is adjacent to the property going south. Mr. Carrington replied that there are two vacant lots going south and to the west there is also a vacant lot. Mayor Houston felt the graffiti issue is very important because they could be there by themselves for quite a while. Mayor Houston closed the public hearing. Cm. Barnes asked what a year is for GPA purposes. Mr. Carrington clarified that it is a calendar year and we have two GPA requests so far this year. Cm. Burton commented he would move for approval with the exception that some pizzazz be given to the front and that Staff should work with the Applicant to get some compatible colors that are not gray. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUIION NO. 125 - 95 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 95-035 ARLEN NESS ENTERPRISES GENERAL PLAN AMENDMENI, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW AT 6050 DUBLIN BOULEVARD and and RESOLUIION NO. 126 - 95 ADOPTING PA 95-035 ARLEN NESS ENTERPRISES GENERAL PLAN AMENDMENI RE$OLUIION NO. 127 - 95 APPROVING PA 95-035 ARLEN NESS CONDITIONAL USE PERMIT AT 6050 DUBLIN BOULEVARD CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 502 and RESOLUTION NO. 128 - 95 APPROVING PA 95-035 ARLEN NESS SITE DEVELOPMENT REVIEW AT 6050 DUBLIN BOULEVARD PUBLIC HEARING ~ ADOPTION OF CODES BY REFERENCE: 1994 EDITION OF THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND UNIFORM MECHANICAL CODE, AND THE 1993 NATIONAL ELECTRICAL CODE 8:55 p.m. 6.4 (440~10) Mayor Houston opened the public hearing. Mr. Ambrose stated in order to adopt updated codes, State Law requires that a public hearing be property noticed. Staff noticed the public hearing anticipating that the code update would be complete for this City Council meeting; however, Staff has been unable to complete all the necessary reports in time to present an Ordinance to the City Council for introduction at this meeting as originally anticipated. Staff therefore recommended that the public hearing be continued to the City Council meeting of November 14, 1995. On mOtion of cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council continued the public hearing to November 14, 1995. EXCHANGE OF PROPERTY WITH KAUFMAN AND BROAD 8:56 p.m. 7.2 (670~20) Public Works Director Thompson presented the Staff Report and advised that Kaufman and Broad, the developers of the Donlon Canyon Project, have requested that the City deed them 0.93 acres of excess Dublin Boulevard (westerly of Silvergate Drive) right-of- way to add to the front of their project in exchange for a 6.31 acre parcel of land to be used for the future extension of Dublin Boulevard. As required by the Government Code, Staff contacted local and regional housing and recreational agencies and was advised by each that they have no interest in acquiring the 0.93 acre parcel. Mr. Thompson explained that the 6.31 acre parcel may be needed by the City for the future westerly extension of Dublin Boulevard if the City Council approves the Schaefer Heights project or some other development to the west. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 503 Cm. Burton felt this was a good deal. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RE$OLUIION NO. 129 - 95 AUTHORIZING EXCHANGE OF PROPERTY WITH KAUFMAN AND BROAD DESIGNATION OF CITY COUNCIL 1995 AD-HOC AUDIT REVIEW SUBCOMMITFEE 8:58 p.m. 8.1 (110-30) Mr. Rankin advised that the independent auditors from the firm of Maze & Associates have completed the work required to publish the Comprehensive Annual Financial Report for Fiscal Year ending June 30, 1995. In the past, the City Council has established an ad-hoc subcommittee to review the report with the Auditors. Mayor HouSton and Cm. Moffatt served as the subcommittee last year. Typically once the subcommittee has had an opportunity to review the report and discuss any issues with the Auditors, Staff prepares an item for action by the entire City Council at a public hearing. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council appointed Mayor Houston and Cm. Moffatt to serve as the 1995 ad-hoc audit review subcommittee. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN & BART FOR CONTRIBUTION OF FUNDS FOR PARALLEL ROAD SOUTHERLY OF DUBLIN BOULEVARD AND THE DUBLIN BOULEVARD IMPROVEMENTS 9:00 p.m. 8.3 (600-40) City Manager Ambrose presented the Staff Report and advised that BART's environmental document and mitigation monitoring program for the Dublin/Pleasanton Extension requires that a Memorandum of Understanding be entered into with Dublin to help pay for improvements for the widening of Dublin Boulevard and for the construction of the road south of and parallel to Dublin Boulevard. This contribution is to be 24% of the project costs up to a maximum of $1 million. Cm. Burton asked if the western BART station is never built, will this affect our hook ramps. Does BART have anything to say about our hook ramps? CITY COUNCIL MINUTES VOLUME 14 iREGULAR MEETING October 24, 1995 PAGE 504 Mr. Ambrose responded no, one of the arguments we have used is ultimately there could be a station there and therefore the hook ramps become critical. On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council adopted IIE$OLUIION NO. 130 - 95 and APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN IHE CITY OF DUBLIN AND SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT REGARDING MITIGATION MEASURES RESOLUTION NO. 131 - 95 FOR THE COMMITMENI OF FUNDING FOR THE PROPOSED ROAD PARALLEL TO AND SOUIH OF DUBLIN BOULEVARD OTHER BUSINESS 9:07 p.m. Temporary Replacement for Chief Rose (580-30) Mr. Ambrose referenced a memo regarding the replacement person for Chief Jim Rose who is recuperating from surgery. In accordance with our contract with the Alameda County Sheriff's Department, they have 10 days to replace someone who is out. Captain Rich Bond will be assigned to Dublin on October 29 and will stay until Chief Rose is back on his feet and able to return. ABAG Meeting (140-10) Mr. Ambrose advised that the City Clerk was coordinating reservations for the ABAG General Assembly meeting to be held on November 9, 1995. Those interested should let Kay know as soon as possible so proper reservations can be made. Cm. Barnes stated she would not be able to attend. Ms. Keck advised that she would make reservations for Mayor Houston and Cm. Moffatt~ who both indicated they would atten& Cm. Moffatt asked since he and Mayor Houston will both be attending the ABAG general Assembly, who will be voting? CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 505 Mayor Houston advised that he would be attending only a part of the meeting, so Cm. Moffatt should continue to be the voting delegate. Retirement of San Ramon City Councilmembers (610~85) Mr. Ambrose referenced a letter from San Ramon regarding Mary Lou Oliver's retirement. He stated Staff can assist if they want to make a presentation. Mayor Houston asked if they really want to get into the business of resolutions and proclamations when it may not serve the City well. To attend as an individual, this is one thing. Cm. Barnes felt that when somebody has put in 1 $ years of community service, we should pay honor to her. Cm. Howard felt she had been a great friend to Dublin. Mayor Houston agreed she is a great lady, but he didn't want to get into who has been a friend and who hasn't. Cm. Moffatt asked about doing something for Greg Cart. Staff was directed to contact San ~mon to find out what their plans are for Greg Carr who is not running for re~election. City General Plan Map (150~30) Mr. Ambrose commented on the newly produced unified map which gives a complete view of the General Plan. Copies were given to each Councilmember. We will be printing them commercially in the future for sale to the public. Cm. Burton asked about putting these up on their office walls. Mr. Ambrose stated they should give them to Sandie and we will see that they get mounted. He asked if it would be helpful to have a large one mounted in the Council Chambers. The Planning Commission thought it would be helpful. 'The City Council concurred. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 506 Council Calendar (610-05) Mr. Ambrose stated a 2 month calendar was provided to the City Council for the months of November and December. Wf'''' '''''''''''-' '-' ''' ''' ''''' '-' ''' v' ~ ~' '"'"'" '" '""" '""f ""r'"" '"'"'"" Second December Council Meeting Canceled (610-20) Mr. Ambrose asked if the City Council plans to hold the second December meeting which would be December 26. Mayor Houston requested that unless there was something absolutely necessary, cancel the meeting. League of CA Cities Conference Sessions re Library Services (940-60) Cm. Barnes stated she had the pleasure of attending the LOCC Conference in San Francisco, and she attended a lot of sessions dealing with libraries. Everything we have heard for the last year is being echoed throughout the state. There are a lot of things to look into. We should look at getting together with Tri~Valley cities and start talking about going into something such as a JPA or something to better our library situation. It worked in the Santa Clara area. We've got some options. She requested that Staff put this topic on a future agenda for discussion. Mr. Ambrose stated he is meeting with other cities on the issue of libraries. There's a whole issue of getting property tax to run the libraries. Mayor Houston suggested putting it on the November 30, 1995 Tri-Valley Council agenda. Livermore is hosting the meeting. Smoking Pollution Control (560-90) Cm. Barnes requested that Staff prepare a sample resolution for the next City Council meeting restricting youth access to tobacco products. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 507 Upcoming Events (610~85) Cm. Burton reported that Camp Parks is having a luncheon on November 11, Veteran's Day. Mayor Houston advised they've been invited to Danville at 11 a.m., Camp Parks from 2 p.m. to 3 p.m. and then there will be a grand opening of something over there. Computer Seminar (180-10) Cm. Moffatt reported that he attended a seminar on electronic access to records. We are certainly getting into the informational highway and hopefully the City will take advantage of this situation. Cities became important many years ago if they were on the rail system, then the road system, then the highway, then on interchanges and now in the 1990's being located on the information highway. He sees a lot of advantages. It is an interesting concept. Homart Development (470-10) Mayor Houston stated he felt everyone knew that the deal closed for the Homart project. Developers Diversified Group out of Ohio. Greg Reuel has not quite confirmed all the details yet. Reopening of Heritage Center (910-40) Mayor Houston commented that the Heritage Center grand reopening was a very nice event. He commended Ms. Lowart and Mr. Ambrose for getting the place in shipshape condition for the activities. He doesn't know how the relationship between the groups are working, but hopefully some of the rough edges can be smoothed out. Planning Commission (420-40) Mayor Houston referenced a Planning Commission training memo he had received. A group session could be encouraged and if they have continuing education opportunities they should be able to take advantage of this. Cm. Barnes felt the City Council should really look at and digest the minutes of the Planning Commission. She felt they should all sit around a table and talk a little bit. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 508 Mayor Houston stated they don't feel a linkage with what's going on. It might be helpful to have the Economic Development Manager give them an update on what's going on in the community. Some of the issues mentioned might get resolved by doing this. Mr. Ambrose clarified that Staff had not sent anything to the City Council on this issue. Staff plans to put something on the November 14 agenda. The Memo was signed by George Zika, as Chair. Mr. Ambrose stated he had not yet seen a copy of the Memo. StafPs intention was to bring the subject to the attention of the City Council as a written communication item. Dublin Information, Inc. (620-15) At 9:32 p.m., the Mayor announced that the City Council would adjourn and reconvene as the Board of Directors of Dublin Information, Inc., in order to conduct their annual DII meeting. CLOSED SESSION 10.1 (640~30) At 9:35 p,m., the group reconvened as the City Council and adjourned to the closed session which ,aras added to the agenda. CLOSED SESSION ACTION ATrEST~~ ~ '-- ~ k~_ ~i~y Cl~"k City Attorney Silver announced that no action was taken in closed session. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 1.0:00 p.m. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING October 24, 1995 PAGE 509