Loading...
HomeMy WebLinkAbout11-28-1995 Adopted CC MinutesREGULAR MEETING ~ November 28, 1995 A regular meeting of the Dublin City Council was held on Tuesday, November 28, 1995, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07 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. AWARD TO CITY 7:08 p.m. 3.1 (150~20) City Manager Ambrose advised that the City has received an Outstanding Financial Reporting Award for Fiscal Year 1995~94 and a Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report for the Fiscal Year ending June 30, 1994. This is the fifth year the City has received this recognition which comes from the California Society of Municipal Finance Officers (CSMFO) and the Government Finance Officers Association of the United States and Canada (GFOA). City Manager Ambrose then presented a certificate from the GFOA, Award of Financial Reporting Achievement, to Mr. Rankin. The Council thanked Mr. Rankin for the consistent preparation of easy to understand financial statements which help the Council to make sound fiscal decisions. PROCLAMATION 7:09 p.m. 3.2 (610~50) Mayor Houston read and presented a proclamation acknowledging the 100th Anniversary of the founding of the chiropractic profession and the significant contribution that chiropractic treatment/therapy has made to the health and welfare of Americans. Several local Chiropractors were present to receive the proclamation. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 525 Chiropractors Monte Adams, Palomares and Jonathan Widenbaum thanked City for the recognition. It was reported that there are 8 Chiropractors in Dublin and probably close to 100 in the tri-valley. CONSENT CALENDAR 7:12 p.m. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 14, I995 (Cm. Burton abstained); Adopted (4.3 930-30) RESOLUTION NO. 140- 95 SUPPORTING THE EAST BAY REGIONAL PARK DISTRICT'S APPLICATION FOR ISTEA FUNDING FOR BICYCLE PATH ALONG IRON HORSE TRAIL DOUGHERTY ROAD TO EAST DUBLIN BART STATION and RESOLUTION NO. 141 - 95 SUPPORTING ALAMEDA COUNTY'S APPLICATION FOR I$IEA FUNDING FOR BICYCLE PATH ALONG NORTH SIDE OF DUBLIN BOULEVARD TASSAJARA CREEK TO EAST DUBLIN BART STATION Authorized (4.4 350-20) Staff to solicit bids for computers and equipment; Approved (4.5 600~30) an additional $3,135 appropriation from the San Ramon Road Specific Plan Assessment District Fund and adopted RESOLUTION NO. 142 - 95 AWARDING CONTRACT 95-06 LANDSCAPING ON SAN RAMON ROAD AT AMADOR VALI FY BOULEVARD TO NIMCO LANDSCAPING SERVICES ($12,229.26) Approved (4.6 300~40) the Warrant Register in the amount of $931,880.05. Mayor HouSton pulled Item 4.2 from the Consent Calendar and stated the firemen wish to participate in the St. Patrick's Day festivities and want to make the celebration bigger. They would like to hold a pancake breakfast. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 526 Cm. Barnes questioned the time of the parade and also thought the service clubs and Dublin Pride Week could be worked into this. Cm. Moffatt, who belongs to the Lions Club which sponsors and coordinates the parade stated Bill Burnham is talking with the fire folks. He thought the parade would start around 10:00 a.m. Ms. Ix)wart said there will be a meeting in several weeks and these things can be worked out and stated she felt the fire department would make a wonderful addition to the festivities. She clarified that the Lions Club sponsors the parade, and the City coordinates all the other events, so the Fire Department would work with the City. Cm. Burton said he wasn't sure the Rotary Club would sponsor a booth this year as it didn't work out that well because of the fees involved. Do we allow other people to bring their own booths? Ms. Ix)wart said the fee schedule is the same as was in effect last year. Most of the groups don't have a Health Department approved food booth. The fees charged still do not cover the costs to the City for just the booths. On motion of Mayor Houston, seconded by Cm. Barnes, and by unanimous vote, the Council approved (4.2 950-40) the parade route; approved location of community celebration; and adopted RESOLUTION NO. 143 - 95 SUPPORTING THE 1996 ST. PAIRICK'S DAY CELEBRATION PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT 95-1 DUBLIN BOULEVARD FROM 1-680 TO 600' WEST OF CLARK AVENUE 7:17 p.m. 6.1 (1020~30) Mayor Houston opened the public hearing. Public Works Director Thompson presented the Staff Report and stated this is the second reading of a proposed ordinance which would establish Underground Utility District 95-1. The cost of undergrounding is paid by CPUC Rule 20A funds. There will be no cost to adjacent private property owners. Mr. Thompson stated undergrounding will improve the appearance of frontages at the following properties which are to be included in the proposed District: APN 941-210-12 Gevas (privately owned parcel ~ flood channel) APN 941-210~ 11 McDonald's APN 941-210-34 Dublin Food Service One (Wendy's) CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 527 APN 941-210-22 APN-941-210-23 APN 941-1401-19 APN 941-1401-22 Lange/Plisskin Properties (Clothestime shopping center) ASK, Inc. (Big O) Hilde (Car Wash) Berwick (Carl's Jr. shopping center) Cm. Burton said we keep saying this isn't costing the businesses anything, but he questioned if there is enough being said to the businesses. Do they appreciate this? is quite an expensive project. He hasn't heard any feedback. There's almost a half million dollars going into Our business community. This Mr. Thompson stated there is some disruption to the businesses, but they would have to come up with a lot of money if they were to do it themselves. Cm. Moffatt stated he had heard some grumbling about businesses having to come up with a small amount to finish the work to their business. Mr. Ambrose stated this is not the case here; it is all being paid. Cm. Burton asked that Mr. Reuel put this into some kind of news release. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and adopted, with no protests received ORDINANCE NO. 11 - 95 ESTABLISHING UNDERGROUND UTILITY DISTRICT 95-1 ON DUBLIN BOULEVARD FROM 1-680 TO 600' WEST OF CLARK AVENUE REPORT ON CROSSRIDGE ROAD SLOPE SLIDES 7:22 p.m. 7.1 (550-10) Public Works Director Thompson presented the Staff Report and stated at the last City Council meeting, Janine McCune, a homeowner on Crossridge Road presented a petition signed by 40 residents of Crossridge Road requesting that the Council take action to correct potential flooding and landslide conditions in their neighborhood. Ms. McCune also mentioned that there were weeds in the bench "V" ditch, cracks in the ditch, and that the benches were only about 2' wide. Mr. Thompson reported that after the January and March 1995 storms (which were estimated by Alameda County Flood Control, Zone 7 to be in the range of 25 to 50 year events) Staff worked with FEMA to obtain reimbursement for various expenses and CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 528 damages. The City is presently receiving results of claims and still exchanging paperwork with FEMA. Dublin was granted the cost of emergency response and cleanup of the Crossridge area, but not the repair costs. Local drainage improvements are designed for 15 year events. Mr. Thompson provided background information, showed slides, and a video of the site. He pointed out that the "V" ditch benches were measured at various points during an on-site investigation and it was determined that the benches measurements varied between 6 and 9 feet. Mr. Thompson stated rough estimates for the repair work were made to include combinations of slope repair and retaining wall catchments above the "V" ditch. These estimates ranged from $20,000 to $70,000 and did not include a new ditch above the slope. In preparation for this winter's rains, the City's maintenance crews have (I) remodeled the southerly catch basin on the "V" ditch to create a side opening, rather than a top opening, to better handle debris buildup; (2) cleaned the ditches; (3) covered the two slides with plastic to prevent water from getting back into the slide areas; and (4) installed silt fences below the two slides. In summary, Mr. Thompson stated Staff recommended that the City Council direct Staff to develop a Capital Improvement Project for the 1996-97 Fiscal Year to repair and mitigate these two slides. As part of this, the City would hire geotechnical engineers. Mr. Thompson stated the v-ditch gets cleaned out yearly. Cm. Burton asked if property goes right up to the ditch. Mr. Thompson stated yes. Cm. Howard asked if the developer who made the cuts did them wrong. Mr. Thompson stated no, they did it correctly. The slides were not structural slides; they were just little mud flows that came down. The key is keeping the ditch open. Cm. Burton Stated he was surprised to learn we were not in compliance with the UBC, and asked how this came about, since we always adopt the updated UBC Codes. Mr. Thompson stated the County had their own grading ordinance which we adopted by reference. The UBC that the City adopts excludes some of the details on grading which is Chapter 70. We have dozens of these v-ditches around town. Cm. Howard asked what we do when people don't keep them clean. Mr. Thompson stated the City urges people to keep them clean, but it can become a civil matter. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 529 Ms. McCune 7750 Crossridge Road addressed the report. The plans call for the benches to be 8' wide. There are points on the hill where there is no terrace. There are several differences between the UBC and the City's ordinance. Why as homeowners should they have to suffer? There are only 2 drainage outlets on the v-ditches. It should be provided at 300' intervals. Why is the excess soil and mud not being removed from under the tarps? They do appreciate the City looking into this matter. Mr. Thompson stated the benches that were measured, some of them have eroded out and have rounded off. There's been some settlement and weeds grown up. Our requirements are not any better or worse than the UBC; they're just different. As far as removing the soil, it would be difficult to get a piece of equipment up there. They would hope to take it out and compact it. Cm. Burton questioned the requirement for interceptors every 300'. Mr. Thompson stated he had been trying to find the calculations to find out why it wasn't done this way. The UBC has a formula and if there is a bench drain at the top, it would probably allow the 700'. Cm. Burton asked what the $20K to $70K would cover. Mr. Thompson stated it would be to put in retaining walls above certain areas. This will be something we look at. There are some places where the ditch is closer to the hill and the outside has a lot of weeds. If all the weeds were actually cut, he felt you could walk along there. He has walked it a couple of times. The width goes in and out. Zone 7 said we had a 25-50 year flood. The problem was the amount of rain we had a month before. The hills were totally saturated. Ms. DeTemple, who did not state her address or complete a speaker slip, stated they were original owners and evidently there was an oversight when this whole thing was built. Twice she has been there trying to get the water out of her friends' home. They've endured 8 years of this. She does not agree that she should have to wait for another big rain to come before we do something about this just because of the budget. She doesn't like the plastic. She pays taxes and has put a fortune in this hill. Every time somebody wants to put something in their back yard, they have to go strictly by the code, which is a good thing, but the City's didn't go by the code. People actually stop at her house to ask why this plastic is up there. This is a bunch of hogwash. Two or three homeowners from the corner had to sign a release in case anything happens from the drainage ditch. Their problems are above the ditch. The weeds are no longer mowed above the drainage ditch. This is a problem that should be addressed yesterday, not tomorrow. The problem is 8 years old. She's sick of looking at the plastic. This was done in a hurry because in 1988, people wanted to buy a home. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 550 Cm. Burton stated he agreed. He asked if there is anything that can be done about the plastic to make it less intrusive. What are some of the alternatives? Mr. Thompson stated we could hire a soils engineer but by the time this was done it would be. the rainy season and there wouldn't be enough time to actually do anything. He feels the ditch will take care of the runoff. He does want to look at the possibility of a brow ditch however. Robert Burkhour, who did not state his address or complete a speaker slip, said his is the second house and he questioned if it would be smart to go after the people who originally built the houses. Mr. Thompson briefly explained the differences between our code and the UBC. He stated the City Attorney could better determine this. Mr. Burkhour felt if they built it not to our code we should look into this. He questioned the placement of the retaining wall. What will we get for the $20K-$70K? Shouldn't it be put in the whole length at a possible cost of $100K. This could potentially fix it long term instead of just patching the situation. Mr. Thompson said this is the kind of thing we need to look at. Cm. Burton stated he would like to see us accommodate these people a little better. Can we do something this year? He would be willing to use emergency funds and repay them later. Mr. Thompson stated we could hire a soils engineer and he could give us some ideas. We wouldn't want to get into grading this year. Cm. Barnes felt we could open the door to a very big problem if we start now. We could get an opinion, but right now, she could not see us risking all these homes. Mr. Ambrose stated Staff could bring back an item related to hiring a soils engineer at a future meeting. Ms. McCune said she spoke with an engineer last January. The wind moves the tarp behind her house. It's an unacceptable situation. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council directed Staff to include improvements to the slope area as part of the 1996-97 CIP. In addition, Staff should bring back a soils engineer contract as soon as possible, so the work could potentially begin sooner. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 531 TRANSFER OF CABLE TELEVISION FRANCHISE FROM VIACOM CABLE TO TELE-COMMUNICATIONS, INC. (TCI) 7:59 p.m. 8.1 (1050-30) Administrative Assistant Honse presented the Staff Report and explained that this item deals with City Council consideration of an agreement approving the transfer of the City's cable television franchise from Viacom Cable to Tele-Communications, Inc. Mr. Honse reported that TCI has requested that this item be pulled from this agenda. Although the City Council must act on the transfer request by December 2, 1995 in order to meet the 120 day FCC deadline, FCC regulations allow the deadline to be extended by mutual consent. TCI's request will effectively extend the deadline to December 14, 1995 (2 days after the next City Council meeting). Mr. Honse explained that the purpose of this extension is so that TCI can negotiate with the 4 cities to modify the franchise agreement as related to PEG channel availability. Although a city cannot compel renegotiation of the franchise agreement as a condition of approving a franchise transfer, the franchise agreement can be modified at any time provided that consent to the transfer is not unreasonably withheld. In summary, Mr. Honse advised that Pleasanton wants a guarantee of 3 PEG stations without having to meet the non'duplicative requirement. TCI appears to be willing to grant this concession, but only on the condition that they be relieved of their obligation under the franchise agreement to reserve up to 10% of their channel capacity for PEG programming. This is not a significant issue for the City of Dublin. It remains to be seen if CTV can effectively utilize 3 stations. Assuming they can, it is equally unclear how the 3 stations would be funded. Mr. Honse stated Staff recommended that this item be rescheduled for the City Council meeting of December 12, 1995. Mayor Houston felt that this looks at future growth even though we may not need them right now. Would we be reserving this option 5 or 10 years in the future to have them there when we need them. Mr. Honse stated we have language like this now. Viacom was willing to give 2 PEG stations immediately, in exchange for not meeting the non-duplicative requirement. Pleasanton now wants 3 stations. What they want in exchange for this is a change in the language. Much remains to be discussed and it would be coming back at the next meeting. Mr. Ambrose stated we alsO don't know the implications of the operational costs to bring in these other channels, CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 532 On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the City Council granted an extension to December 14 and asked Staff to negotiate with TCI and bring the item back on December 12, 1995. Cm. Moffatt asked if any public entity can get involved in this, such as DSRSD or a church or a synagogue. They could be involved in financing programming for the 3 PEG stations. cm. Howard asked what happens if we decide we don't need the 3 PEG stations and Pleasanton won't go along with it? Mr. Honse stated TCI has taken a position that they want any changes to be the same for all 4 cities. He anticipates that we will be able to come to an agreement. Cm. Barnes commented that earlier in the year a lot of residents were upset when we lost channels. Does this enter into this? Mr. Honse felt this was a good point and TCI has agreed that they will have our upgrade done by the end of 1997 and if they don't, they will have to pay liquidated damages. This is our issue; not PleaSanton's. Pleasanton did, however, support us on this. MASTER DEVELOPMENT AGREEMENT ~ EASTERN DUBLIN 8:14 p.m. 8.2 (600-60) City Attorney Silver presented the Staff Report and advised that in October of 1994, the City Council adopted a Master Development Agreement to serve as the format for negotiating development agreements with developers in Eastern Dublin. During the process of negotiating the first development agreement, Staff identified several changes which should be made, mainly for clarity purposes. Ms. Silver reviewed the various changes to the document and stated Staff anticipates receiving at least one application for a development agreement within the next several months and for this reason, Staff was requesting the Council to consider the revisions at this time. Cm. Moffatt asked about the phrase the right to cure. The City Manager could extend the cure period. He questioned how much time this would be. Ms. Silver stated this is if the developer is in default. The lender wanted a longer period of time; ¢0 to 90 days instead of 30. Under the current agreement, the City would not be able to extend this time. This would provide flexibility so that the City Manager could approve additional cure time if requested for an additional 60 days. This would apply to CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 533 a sPecific default under the agreement. She felt it was appropriate to provide this flexibility. Cm. Burton questioned paragraph 12, default by the City. Specific performance is the most likely remedy available against the City, but he felt we could cause harm by other situations, Ms. Silver said if there is a default by the City, damages could not be awarded against the City. She felt this was a clarification to make it clear that for whatever reason the City is found to be in default, damages could not be awarded against the City. The next paragraph deals with issuing an estoppel certificate. A lender would want to know that the developer has done everything up to that point in time. This is called an estoppel agreement. The City CoUncil discussed the meaning of the legal term estoppel. On motion of Cm. Howard, seconded by Cm. Moffatt, and by unanimous vote, the Council adopted RESOLUIION NO. 144 - 95 APPROVING REVISIONS TO MASlER DEVELOPMENT AGREEMENT TRUMARK HOMES GENERAL PLAN AMENDMENT STUDY (FEASIBILITY) 8:22 p.m. 8.3 (420~30) Jerry Haag, Consulting Planner presented the Staff Report and advised that Trumark Homes has applied for a General Plan Amendment (GPA) for their approximate 8.9 acre site; changing the General Plan Designation for the site from Transportation Corridor to Medium Density Residential (6.1 - 14.0 units per acre). The Applicant had submitted conceptual plans for the property which characterize the type of future development envisioned for the site should the General Plan be amended. The conceptual plans indicate that the site would be subdivided into approximately 92 lots, with a detached single family home on each of the lots. The primary vehicular access is proposed to be Dougherty Road, with secondary access and/or emergency vehicle access provided to the south on Sierra Court. A solid masonry wall would be constructed along the southerly property line to provide a land use and noise buffer between the proposed residences and existing industrial uses to the south. If a GPA is ultimately approved, it will not be an approval of the conceptual plan, but rather, the conceptual plan would be reviewed later in the process as part of a Planned Development Rezone, Site Development Review and Tentative Subdivision Map. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 534 The Applicant has proposed an alternative to designating the entire site as Medium Density Residential. The alternative would leave a small strip of land (approximately 70' in width) parallel with the southern boundary line as Light Industrial, with the balance of the site changed to Medium Density Residential. The area remaining as industrial could be used for mini-warehouses and would serve as a more substantial buffer. This alternative and possibly others would be analyzed as part of the environmental review process of the GPA Study. The General Plan policies applicable to this proposal were: Land Use Element; Circulation Element; Housing Element; Safety Element and Noise Element. Other environmental planning issues involve: Land Use Compatibility; Traffic/ Circulation/Access; and Risk of Upset/Hazardous Material. The Planning Commission heard this item on November 21, 1995, and discussed the types of conceptual plans that would be evaluated. The Planning Commission also questioned the type of information Staff would evaluate as part of the environmental review. The Commissioners agreed that a residential project would be an improvement to the undeveloped land. The Planning Commission unanimously recommended that the City Council authorize Staff to continue with the process to prepare environmental documents and a formal GPA for the proposed project. Cm. Moffatt asked about the pressurized underground tanks and stated he was sure these will be mitigated. Mr. Haag said the next step in the process will be a full environmental review. Mr. Mike Maples with Trumark Homes on Clark Avenue stated his company finds infill sites that need creative problem solving. They have learned to mitigate. They feel residential at this site works well. If we want to increase the use of public transportation, we have to put people near it in close proximity. They should be able to build reasonably affordable homes. He discussed the pipeline which runs all the way from Walnut Creek, to Danville, to San Ramon and behind this site. He discussed the DSRSD fluoridation plant. They will work with DSRSD to change this from a gaseous fluoride plant. They met with some of the neighboring industrial uses, and they are mainly concerned about the noise issues. They will work on mitigation measures because there are different noise levels acceptable for industrial versus residential uses. They feel that the concerns around the site can be mitigated. Renderings were shown of their Fremont project site. Mr. Maples stated they reviewed the parking regulations for both Arbor Creek and Kildara. TheY will have a higher ratio than either of these two projects. Cm. Howard asked about the size of the homes. She discussed her concerns about having enough parking. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 535 Mr. Maples stated they will be 3 and 4 bedroom homes. They will provide all parking on site. cm. Burton felt this was very attractive as far as infilling and getting to Hacienda and BART. He is excited about this and hopes we can do it. It should be a great addition to our City's housing. On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council authoriZed Staff to continue with the process to prepare environmental documents and a formal GPA for the proposed project. Mr. Haag stated the environmental review documents, with their review periods, should be ready in 60 to 80 days. OTHER BUSINESS 8:39 p.m. Tree Lighting Ceremonies (950-40) Cm. Howard reported that Mayor Houston will be speaking at the Hope Hospice tree lighting ceremony on Friday at 6:30 p.m. The tree is located on DSRSD's property on Dublin Boulevard. Cm. Barnes reported that on Monday night we will have the City's tree lighting ceremony here at the Civic Center. Dublin Pride Week 1996 (150-80) Cm. Barnes stated she would like to meet with the service organizations right after the first of the year related to Dublin Pride Week activities. We should have a big celebration this year. She would like Staff assistance. CLOSED SESSION 8:41 p.m. 10.1 (640-30) 10.2 (600-30) The Council recessed to a closed session: 1) to confer with Legal Counsel - Existing litigation pursuant to Government Code Section 54956.9 subdivision (a): City of Dublin v. John E. Madden, et al., Alameda County Superior Court #V~009574~ 1; and 2) Public Employee Performance Evaluation pursuant to Government Code Section 54957, Title - City Manager. CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 536 ANNOUNCEMENT OF CLOSED SESSION ACTION Mayor Houston announced that no action was taken in the closed session. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. ATI'EsT:~~_~ ~.~ (. ~City'C~rk Mayor CITY COUNCIL MINUTES VOLUME 14 REGULAR MEETING November 28, 1995 PAGE 537