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HomeMy WebLinkAbout06-11-1996 CC Adopted MinutesREGULAR MEETING ~ June 11, 1996 A regular meeting of the Dublin City Council was held on Tuesday, June 11, 1996, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Houston. ROLL CALL PRESENT: 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. Recycling Programs (810-60) Mark D'Orozio who lives in the Cedar Pointe Apartments in San Ramon and works in Dublin at the recycling center, reported a problem with recycling at Amador Lakes Apartments with 555 units; the biggest complex in Dublin. Probably more than 1,000 people live there. His information from the Manager is that she requested that the recycling bins be taken away because of the poor service from LDD. They are supposed to pick up the recyclables but the problem is they leave the bins full for a long time. The Manager got tired of dealing with this and she called LDD and requested that they take the bins away. Recycling is a state law and this shouldn't be happening. He called the City Clerk and she said City 'Staff could look into this and possibly take care of it. He wrote a letter requesting to be placed on the next agenda, and by the next meeting, he hoped that the problem would be resolved. Mr. Rankin stated Staff has already began looking into this. We have employees who live there and they are recycling. School District Special Event (515~20) Cheryl Ma[thews, Assistant Superintendent of the Dublin Unified School District distributed invitations to a special event which is being planned for August 30 to bring CITY' COUNCIL MINUTES VOLUME 15 RE6ULJ~R M~--ETIN6 June 11, 1996 PAGE 269 an inspirational speaker to the Valley. Dr. Willard. Daggett, Director of the International Center for Leadership in Education, will speak on Joining Forces for the Future. The business community is invited and she hoped to see City leaders there. Dr. Daggett is a futurist and a world renowned speaker. She reported that Dublin's new Superintendent will be coming on board soon. This is an election year and they are very excited about everything that's going on. They also hope to get City Management to attend this event. This is a free seminar° Cm. Burton congratulated DHS for receiving the Distinguished School Award for 3 years in a row. Street Sweeping Services (820-30) Anthony DelConte, Rhoda Avenue stated today he was out cleaning up his yard and the sweeper came along and he just went around a pile and wouldn't sweep his stuff. It was just grass. Mr. Thompson stated there is a green waste pickup and this is a different contractor. Mr. DelConte said he put it in a box afterward. This was pure stupidity. The truck driver's number was 41. It was on Southwick Drive. Mr. DelConte then stated we've got to put our kids to work somehow. They could go out and mow the lawns in our parks or even clean up the streets. The kids today don't have anything to do but work at MacDonalds. His son was 13 when he put him to work in his company. He then went to work for Clark Building Materials when he no longer wanted to work for his dad. Today he is in the top 10 in landscaping. He doesn't see why we can't put our kids to work for the City and we could then put one of the parents back in the house so they would have someone to talk to when they come home. A 17-page document was given to the City Clerk for distribution to the City Council. CONSENT CALENDAR 7:23 p.m. On motion of Cm. Moffatt, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of May 28, 1996; ClT~r COUNCIL MINUTE~ VOLUME 15 REIlULAR MEETINtl June 11, 1996 PAGE 270 Adopted (4.2 600~30) RESOLUTION NO. 56 - 96 APPROVING AGREEMENT WITH OCEANSlDE POOL SUPPLY FOR POOL MAINTENANCE SERVICES AT THE DUBLIN SWIM CENIER Accepted (4.3 150~70) gift of $405 from the Northern California Grantmakers for the Junior Aquatic Water Safety Volunteer Program (JAWS); directed Staff to prepare a formal acknowledgment to the donor; and approved the Budget Change Form; Adopted (4.4 600-30) RESOLUTION NO. 57 - 96 APPROVING AMENDMENT IO THE CONSULTANT CONIRACT WITH CGMS, INC., FOR CONSULTANT SERVICES FOR AFFORDABLE HOUSING AND APPROVING A FUND TRANSFER and authorized the City Manager to execute the amendment and authorized a Budget Change Form for an additional appropriation of $7,000 from new revenues; Accepted (4.5 600~30) improvements under Contract 96-03, Annual Street Slurry Seal, authorized $32,210.98 payment (excluding 10% retention) to Graham Contractors, Inc., for their final invoice and release $3,578.90 retention after 35 days if there are no subcontractor claims; Adopted (4.6 600~30) RESOLUTION NO. 58 - 96 APPROVING AGREEMENTS WITH KLEINFELDER, INC., BERLOGAR GEOIECHNICAL AND BSK & ASSOCIATES TO PERFORM SOILS ENGINEERING PEER REVIEW AND OMNI MEANS AND WILBUR SMITH & ASSOCIATES TO PERFORM TRAFFIC SIUDIES RELATED TO PRIVATE DEVELOPMENT PROJECTS Received (4.7 330~50) Financial Report for the months of April and May, 1996; Adopted (4.8 360~50) RESOLUTION NO. 59 - 96 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 CIT~ COUNCIL MINUTES VOLUM~ 15 ~UL~R June 11, 1996 PAGE 271 and RESOLUTION NO. 60 - 96 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 Adopted (4.9 360-20) RESOLUTION NO. 61 - 96 APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511) and RESOLUTION NO. 62- 96 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 86-1 (TRACT 5511) Adopted (4.10 360-20) RESOLUTION NO. 63 - 96 -APPROVING PRELIMINARY ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) and RESOLUTION NO. 64 - 96 APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ASSESSMENTS FOR CITY OF DUBLIN LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (TRACT 4719) Authorized (4.11 600-30) the City Manager to execute an Agreement with Ellen C. Wittom, for Finance Manager Services during the leave of absence of the Assistant City Manager/Administrative Services Director, at an hourly rate of $65 per hour with total costs not to exceed $10,400; CITY' COUNCIL MINUTES ¥OLUME ~ 5 Ri~6ULAR MEt~TIN6 June I 1, 1996 PAGE 272 Approved (4.12 300-40) the Warrant Register in the amount of $579,144.72. CORRESPONDENCE FROM CITY OF SAN RAMON REQUESTING AN AMENDMENT TO DRFA BYLAWS ALLOWING A MODIFICATION TO THE TERMINATION PROVISIONS 7:23 p.m. 5.1 (540-60) Assistant to the City Manager Texeira presented the Staff Report and advised that in February of 1996, the City of San Ramon received a written proposal from the San Ramon Valley Fire Protection District to provide fire protection services to the southern part of San Ramon. Following receipt of this proposal, the City of San Ramon formed a Public Safety committee to review the proposal and to identify other alternatives to the provision of fire protection services. The Committee has narrowed the service options to four, one of which is the proposal from SRVFPD and the Committee has requested additional time to explore the remaining options before presenting a recommendation to the San Ramon City Council. Ms. Texeira explained that pursuant to Article VIII, Section 8.2 of the Joint Exercise of Powers Agreement, termination of the agreement "shall not under any circumstances become effective until June 30, next succeeding a minimum of twelve months following the giving of written notice of termination by City Council resolution to the other member agency's City Manager". In response to San Ramon's request, the Dublin City Council may wish to consider amending the JPA to allow for notice of termination to be given at any time prior to September 30, 1996. Al other provisions of the agreement shall remain in tact, including the minimum 12~month notice requirement. Cm. Howard clarified that if they don't give us a written request it would go to the next June 30th. Ms. Texeira stated the 12 month minimum notice would still be required. Mr. Rankin stated .Dublin feels that the 1 year clause is necessary to evaluate all the alternatives. Cm. Moffatt stated if we go along with this the date they would be pulling out would be September 30, 1997. Ms. Texeira stated if they give notice prior to September 30, they would be pulling out by September 30, 1997. Cm. Moffatt stated he understood there were 3 proposals and he asked if Staff knew what the 3 proposals were. (~IT~ COUNCIl.. I/OLtlME June 11, PAGE 273 Mr. Rankin reported that the letter stated they have 4, but one had been eliminated. Ms. Silver Clarified that San Ramon is requesting that we waive the notice requirement, but the City Manager feels we need a full year, so the action was to provide on a one-time only basis to have it effective 1 year after they give notice. Cm. Howard asked if the San Ramon City Council doesn't agree, they would have to give notice by June 30 or otherwise it wouldn't be effective until July of 1998. Fire Chief Diekman stated the City Council in San Ramon formed a committee to review the options. 1) Option 3 SRVFPD or Option 4 to expand JPA to serve the remainder of their City. This requires no action on the part of the JPA with DP, FA. The final option which they refer to as 5 is to contract back the service for all the City to SRVFPD. They removed the option of having a City operated department. There are 2 steps in the process for consideration tonight. The Committee will be meeting tonight and they hope to pare their choices down to two and then make a recommendation to the City Council. He clarified that this appears to be the case from what he has heard. Cm. Moffatt stated he thought one of the propositions is if SRVFPD takes over the entire San Ramon area, they would then allow us to contract with them. Chief Diekman stated he certainly had not heard this~ SRVFPD appears not to want DRFA there. Cm. Burton clarified that another extension could not be granted. Ms. Silver stated it was her opinion that they need to have Dublin agree to amend the JPA in order that theY can give notice later and still have this become effective on June 30. They want Dublin to waive the one year provision. Mr. Rankin stated the City Council would have to amend the JPA again. Ms. Texeira clarified that this would give them an additional 3 months to review their options. Cm. Burton made a motion, which was seconded by Cm. Moffatt, to adopt Staffs recommendation. Cm. Barnes stated she would like to see it go to September 30, 1997, for anytime they give notice after June 30. Mayor Houston agreed and felt we shouldn't have to sit on pins and needles. CIT~ COUNCIL MINUTES ~OLUME ~ 5 June 11, 199(3 PAGE 274 Cm. Burton changed his motion to extend it to September 30, 1997; 1996 for the notice and October 1, 1997 would be the effective date. Cm. Moffatt changed his second. Ms. Silver changed the language to state it would be a firm date of October, 1997. The Council asked what happens if they give notice before June 30. Mayor Houston felt the rules would be the same. It would be to their best interest to agree to this if they go beyond June $0. The Council clarified that if they give notice anytime between July 1 and September 30 this would apply. On motion of Cm. Burton, seconded by Cm. Moffatt, and bY unanimous vote, the Council adopted RE$OLUIION NO. 65 - 96 AMENDING JOINT EXERCISE OF POWERS AGREEMENT DOUGHERTY REGIONAL FIRE AUTHORITY PUBLIC HEARING INCLUSIONARY zONING ORDINANCE PA 96-018 7:41 p.m. 6.1 (430-20) Mayor Houston opened the public hearing. Associate Planner Huston stated this was the second reading of an ordinance which would require a minimum percentage of units in new residential projects to be affordable to lower and moderate income families. A Resolution is also proposed to adopt a Negative Declaration of Environmental Impact, and to establish the formula for determining the calculation of in-lieu fees, as an option for developments which do not provide the inclusionary units on the project site. Ms. Huston stated the proposed ordinance is consistent with the requirements of the City's General Plan and the Eastern Dublin specific Plan. The purpose of the ordinance is to further the City's goals of making available an adequate supply of housing for persons of all economic segments of the community. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. CITY' COUNCIL MINUTES VOLUME 15 June 11, 1996 PAGE 275 Cm. Burton asked how much could be changed in the ordinance without having to bring.it back. to another meeting. If we change the date to make it 5 years instead of $0 years, would this be a substantial change? Ms. Silver felt this type of change would require that it be reintroduced. It was her opinion that this would be a significant change. Cm. Burton stated he is not against the principle of the ordinance but the way this has been written it will discourage contractors and developers from joining in and building affordable housing. Thirty years is far longer than we should be tracking units unless it has public money or there is a mortgage involved. We will have a bureaucratic mess trying to manage units. He has been involved in housing for many years and feels that if you put restrictions of this type in they won't bother. He requested that the City Council reconsider the amount of time of the restrictions. This will destroy what the City is trying to do. We should not be in this longer than 5 years. There will be a lot of problems both socially and administratively. Cm. Burton identified several changes he wished considered. On Page $ "Zife of the Inclusionary Unit: A $O yearperiod from the date of occupancy, which shall be the date the Ct& of Dublin performs final inspection for the building permit. " He would like to see this dropped. He would accept 5 years instead. The rental program we had at one time was 5 years. On Page 4 "Resale Restrictions: Legal restrictions by which the price o£Inclusionary Units may be controlled to insure that the units remain affordable to Very Low, Low, and Moderate Income households on resale. ".. This is another form of rental control which he wasn't sure we want to get into. Let the marketplace determine this. On Page 5 "A. Inclusionary Units shall be dispersed throughout the project. ".. This contradicts the idea that maybe we get the money and build units. A problem would come up with someone living next to one of these units because we've said they can't make money on it. This is not a good policy. It makes it difficult to track the units for 30 years. On Page 5 "12. Inclusionary Units shall remain affordable for thir& years. " This should be 5 years. "However, Ownership Units may require such restrictions recorded w~th the deed if necessary to address the recapture of value increases, in situations where units are not sold at substantially lower prices than market rate units, or when the units may lose affordability as the market changes." This sentence should be pulled out. Are we going to be prepared to step in and have an appraisal and start to measure whether or not they can recapture the value of the unit? CITY~ COUNCIL MINUTES ¥OLUME 15 RE6ULAR MF~ETIN6 June 11, 1~)96 PAGE 276 Page 7 "The management of Rental Units shM1 be the responsit~ili& of the Project Owner. The Affordable Housing Agreement shall require each Project Owner to sut~mit an annual status report to the City Manager in a format approved t~y the City~ including additional information as required l~y the City. This report may include~ t~ut is not limited to identification of which units are £entM Units~ their monthly rents~ vacancy information for the prior year~ monthly income for tenants of each Rental Unit throughout the prior year~ m~d similar information. The Affordat~le Housing Agreement shalI be signed by the City Manager or his/her designee~ shall be recorde~ and shall run with the land." /here is no project developer who will put himself into hock to manage a project for $0 years. This is a poison pill if there ever was one. The whole paragraph should be taken out. Mayor Houston agreed that project owner means project owner and asked about the intent of this. Ms. Huston clarified that there would be an affordable housing agreement for each project that would have general terms and it would also stipulate whether deed restrictions would be placed on individual properties. There would be annual status reports on rental projects for the overall project. Cm. Burton asked who will do the monitoring. To say they cannot be rented except upon approval of the City Manager is ridiculous. This paragraph should be taken out and we shouldn't be in this kind of business. We can't monitor everything. This would mean we have to go door to door. What would we do if a person becomes disqualified? We've got enough to do without getting into rent control and management, control and this is a bad ordinance. Cm. Burton pointed out that (2) is repeated at the bottom of Page 8 and then again on Page 9. This was apparently a computer error. Cm. Burton stated in summary, he would like discussion on the 5 years versus 30 years and whether or not we should even get into this business. Mayor Houston reopened the public hearing. Anthony DelConte 8499 Rhoda Avenue, stated he felt Cm. Burton had done a hell of a job in defining the faults with this ordinance. Brian Smith 8686 Galindo Court, asked if the ordinance specifies figures of what low and mOderate income is. He is a contractor and his income fluctuates greatly. Mayor Houston explained that they use the averages for Alameda County so this number changes from time to time. CITY' COUNCIL MINUTES VOLUME 15 RE6UL,A.R MEETIN6. June 11, 1996 PAGE 277 Mr. Smith felt a house would be less affordable here than in Livermore or Pleasanton. He thought this would be a mathematician's nightmare. Mayor Houston explained that it goes by income for qualification. Cm. Burton stated there are some good features to the ordinance for young people in our town. Mr. Smith questioned what would happen to the equity he builds if his income grows. Mayor Houston stated a mechanism would be in place whereby they would not participate in the equity in order that we could keep it affordable. Mr. Smith stated he would not be encouraged to purchase a home next to one of these units because it could not appreciate for the person living there. This could then impact on his property° Cm. Moffatt stated options would be up to the builder. Mayor Houston advised that we are trying to provide as many options to the builder as possible. He personally was in favor of a silent second on the house. There are many problems associated with the other options. Cm. Barnes clarified if she buys a house and qualifies for low or moderate and as years go on and her job improves, she is not thrown out. This is not a HUD complex. Mayor Houston closed the public hearing again. Mayor Houston pointed out that if you buy a unit and have to move away temporarily for whatever reason, you can't rent it. Cm. Barnes felt there could be provisions for a waiver from the City Manager. Mayor Houston stated a mortgage company could never impose this type of a restriction° It would be illegal~ Cm. Barnes stated she definitely would not accept the 5 year option. Many of the government programs are 55 years. We owe it to future generations to have affordable housing today and in 30 years. Cm. Burton felt there are so many poison pills in the ordinance that no one will work with it. They just won't do it for 30 years of monitoring° CITY' COUNCIL MINUTES VOLUME 15 RI~{iULAR MEETIN(I June 11, 1996 PAGE 278 Cm. Moffatt stated these are options that the developer and the City can talk about. Nothing is getting rammed down anyone's throat. They can make their 2% however they want. Cm. Howard agreed with Cm. Burton on the 30 year for purchases. If someone lives there for 20 years and puts a lot of money into it, they should be able to pay off a second mortgage and the rest would be theirs. The City Council agreed with this comment. Cm. Moffatt stated a second mortgage would be paid off at the assessed value at the time it was paid off. He questioned if the amount of the second would increase. Mayor Houston stated he would envision having a silent second with lower interest rates on the second to make it affordable. Typically seconds are higher. The principle of the loan he would not ever envision as going up. Ms. Huston stated we are not proposing anything restricting the value of the home. It could be structured to share the second value. Mayor HOuston felt there were many many choices and Cm. Burton had done a good job pointing out some of the flaws. The choices will be made when 'building starts. Cm. Burton asked for a consensus on the 5 years instead of 30. Cm. Howard said she Would agree to 20. Cm. Moffatt supported 30. Mayor Houston and Cm. Burton also agreed to 20 years. Cm. Burton questioned how long the resale restrictions should be. Ms. Huston stated the concern of lessening the time was that it might require them to pay back the mortgage early. Cm. Burton pointed out that the units need not be disbursed throughout the project, and he questioned if we should require a.developer to disburse them all through the project. Ms. Silver stated the Specific Plan already requires them to be disbursed. Cm. Burton commented on rental units being the responsibility of the project owner. Are we going to leave this in? This is a bad issue to require them to stay in for 20 years. Ms. Silver stated the silent second is a deed of trust. ClT~ COUNCIL MINUTF~ VOLUME 15 RI~fiULAR MEI~TINql June 11, 1996 PAGE 279 Ms. Huston discussed recapture provisions. Administrative guidelines can come before the City Council to stipulate how we operate the loans. Mayor Houston stated typically homes are refinanced every 7 years. Cm. Burton felt that on Page 7 the whole paragraph about management of the units where it says the City Manager or his designee shall monitor, ought to be enough at this stage. To have a project owner responsible is really oppressive. This shouldn't be the responsibility of the owner. He would like this eliminated. Mayor Houston asked about project owner versus succeeding property owners. Will succeeding property owners be subject to this analysis? Ms. Huston stated it is defined as whoever holds fee title to the land. A management company would submit an annual report stating these units are our affordable units and the families, based on the criteria, were eligible when they moved into the units. Every year the annual rent figures come out and we would 'adjust accordingly. It is not our intention to kick anyone out, but rather the property owner would adjust their rent. Cm. Burton made a motion to direct Staff to change words on inclusionary unit to 20 years and also eliminate on page 7 the paragraph on management of rental units (unnecessary) to shall run with the land, and bring it back at the next meeting. This motion died for lack of a second. Ms. Silver stated the ordinance could be introduced tonight with those changes agreed upon. On motion of Cm. Burton, seconded by Cm. Howard, and by majority vote, the Council agreed to change the term from 30 to 20 years and waived the reading and introduced the ordinance. Cm. Moffatt voted against the motion, but stated he was not opposed to the concept. The ordinance will be brought back at the next Council meeting for adoption. Cm. Barnes requested that Staff check on the legality of changing this to 20 years. RECESS 8:38 p.m. The Mayor called for a short recess. All Councilmembers were present when the meeting reconvened. CITY' COUNCIL MINUTES ~/OLUME 15 June 11, 1996 PAGE 280 PUBLIC HEARING RENTAL AVAILABILITY ORDINANCE REPEAL PA 96~019 8:44 p.m. 6.2, (430-20) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that this was the second reading of an ordinance repealing Chapter 8.04 of the Dublin Municipal Code, known as the Rental Availability Ordinance. The ordinance was established to implement one of the City's General Plan Policies regarding the provision of rental housing in the City, with a purpose of requiring that 10% of the total number of units in all new multi-family projects of more than 10 units be maintained as rental units for a period of 5 years. Ms. Huston explained that the City Council determined earlier this year that the City's objective regarding rental housing availability is being met by the housing market, and that the Rental Availability Ordinance is no longer necessary. The repeal of this ordinance will also require an amendment to the Housing Element of the General Plan to maintain consistency. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Barnes requested that this be held off for another meeting. She would like another count done on the number of rentals we have in the City. We could greatly increase the rentals we have in the City. She would like another study as to what's available. Cm. Barnes made a substitute motion to table or continue this to the next meeting. mOtion was seconded by Cm. Moffatt. Mayor Houston agreed that it was disappointing that the statistics weren't in their packets this time. The actual rental figure is well over 20% and he thought it was closer to 25%. Vacancies are very low, but the rental units are there. Ms. Huston advised that April 9 was the date of the memo and the first survey was done in January and then Staff did a follow up survey in April. Cm. Moffatt pointed out that a motion to table could not be debated. Ms. Silver verified that this was correct; it cannot be debated.. The CIT5r COUNCIL MINUTES ~rOLUME 15 REGULAR MEETING June I I, 1996 PAGE 281 On motion of Cm. Barnes, seconded by Cm. Moffatt, and by majority vote, the Council agreed to table this item. Mayor Houston and Cm. Burton voted in opposition to the motion. Ms. Huston requested a one-month time period rather than at the next meeting. Council concurred and directed that it be put on the July 9 agenda. PUBLIC HEARING TRUMARK HOMES PD REZONE PA 96-014 8:53 p.m. 6.3 (450-30) Mayor Houston opened the public hearing. The Associate Planner Ram presented the Staff Report and advised that this action would rezone an 8.9 acre parcel of land located west of Dougherty Road on the Southern Pacific Right-of-Way. The PD Rezone would change the zoning district from M-1 (light industrial) to Planned Development (residential). The rezone would allow development of a 92 single-family subdivision at this location. Cm. Barnes asked if a patio cover could be put in. Ms. Ram replied yes, but you couldn't extend the residence. If it is screened, this would be fine. · Mike Maples distributed some color packets to the City Council and stated they spent a lot of time on the architecture and wanted the City Council to see it well. Each unit will have its own private yard. They have 3 different architectural plans. There's 6 different elevations. There will be significant landscaping. They've added some paving at different points in the project. They focused in on the parking. They have upped the parking to 2~75 per unit. Each unit has a 2 car garage. The homeowners association will have very strict CC&R's. He thanked Staff for all their hard work on the project. This community should serve Dublin very wello They are excited about the opportunity. Cm. Burton complimented Mr. Maples on the first class presentation. No comments were made by any member of the public relative to this issue. Cm. Burton asked where the name Kensington Park came from. Mro Maples stated their first choice was Brittany until they found out there was already a Brittany Drive in Dublin. Their Architect came up with the name Kensington Park. CIT~ COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 June 11, 1996 PAGE 282 Mayor Houston closed the public hearing. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending the Zoning Ordinance to permit the rezoning of property located west of Dougherty road along the Southern Pacific Right-of-Way. PUBLIC HEARING FLOOD CONTROL ORDINANCE 9:02 p.m. 6.4 (550~20) Mayor Houston opened the public hearing. Building Official Petersen presented the Staff Report and advised that the City's current Flood Control Ordinance contains language of the state model ordinance that needs to be updated to comply with current minimum standards of the National Flood Insurance Program. Mr. Petersen discussed the process that will be followed with regard to this change. The Federal Emergency Management Agency (FEMA) will revise the Flood Insurance Rate Map to be effective January 1, 1997. Staff identified 213 properties that will be included in the revised FEMA designated Special Flood Hazard Area and therefore, will be subject to mandatory flood insurance. It has also been determined that 13 properties will be taken outside the Special Flood Hazard Area. Mr. Petersen explained that at the July 23, 1996 City Council meeting, citizens will be able to address the City Council with concerns related to the new flood zone areas. FEMA and Zone 7 representatives will also be present to answer any questions at that meeting. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Burton stated he felt it would be helpful to have a map instead of the description. Mr. Petersen stated Staff overlaid it on the City's map and he displayed it on the overhead. Mayor Houston asked how many houses would be affected by this. Mr. Petersen stated there will be approximately 213 properties that will be added into the flood zone and about 13 properties taken out of the flood zone. CIT~ COUNCIL MINIFrEs VOLUME 1 $ RE6ULAR MEI~TIN6 June 11, 1996 PAGE 283 Mr. Peabody stated in July they will meet with the property owners and deal more in~ depth with this. Cm. Moffatt asked if this ordinance would not be passed until after the meeting with the 'citizens. Mr. Petersen stated when the new FEMA map is adoPted it will be adopted by reference. We are adopting an ordinance updating and incorporating a model ordinance. This is mandated by FEMA. On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council waived the reading and INTRODUCED an Ordinance amending Chapter 7.24 of the Dublin Municipal Code. PUBLIC HEARING AMENDMENT TO DUBLIN MUNICIPAL CODE CHAPTER Z.Z8 RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS 9:16 p.m. 6.5 (630-20) Mayor Houston opened the public hearing. City Attorney Silver stated following discussion at the last 3 City Council meetings, the Council directed Staff to prepare an Ordinance amending the City's Campaign Contribution Regulations. These amendments would: 1) Change contribution limitation from $1,000 to $300 with respect to an election; and 2) Change the itemized reporting amount .of contributions received from $100 to $25. Ms. Silver explained that if adopted, the draft ordina.nce can take effect immediately because it relates to an election. It would require a three-fifths vote for passage. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Moffatt made a motion, which was seconded by Cm. Barnes to adopt the Ordinance° Cm. Burton made a substitute motion to leave the reporting level at $100. This motion died due to lack of a second. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council waived the reading and adopted CIT~ COUNCIL MINIlTF. S VOLUME 15 REGULAR MF_,~TIN~ June I 1, 199¢ PAGE 284 ORDINANCE NO. 11 - 96 AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS FOR ELECTIONS TO TAKE EFFECT IMMEDIATELY Mayor Houston and Cm. Burton voted in opposition to this 'motion. CROSSING GUARD SERVICES 9:20 p.m. 8.1 (600-30) Assistant to the City Manager Texeira repOrted that the City currently funds adult crossing guard services and it has been determined that providing crossing guard services under contract is the most cost effective method. All City Management Services, Inc., the current service provider, has submitted a proposal to continue to provide crossing guard services to the City of Dublin during the 1996-97 school year for approximately $43,000. This cost reflects a maximum of 3,800 hours of contract service at a fixed hourly rate of $11.29, plus miscellaneous supplies. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council adopted RESOLUTION NO. 66 - 96 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FY 1996-97 LOCAL REGULATION OF FIREARMS DEALERS 9:22 p.m. 8.2 (585-80) City Attorney Silver presented the Staff Report which was prepared at the request of Cm. Moffatt at the May 14, 1996 meeting. The report outlined the City's options with regard to adopting local regulations of firearms sales and described various types of permissible local regulations for the Council's consideration. Ms. Silver discussed the regulation of gun dealers, local permit requirements, mandatory Penal Code conditions; land use restrictions, conditions attached to local permits, home occupation ordinances, land use permits, City and County of San Francisco gross receipts tax, restrictions on the sale of Saturday night specials, registration of ammunition sales and gun discharge. CIT~ COUNCIL MINUTES VOLUME 15 June 11, 1996 PAGE 285 Ms. Silver stated in summary that there are numerous provisions a local entity may enact in order to regulate the operation of firearms dealers within its local jurisdiction. Of those discussed in the Staff Report, none have as yet been struck down. She felt the provision least likely .to survive legal challenge is the ban on Saturday Night Specials. The City does not currently have a permit requirement, but does have a business license requirement. Cm. Moffatt indicated that Dublin's zoning code does not currently have one and he suggested considering a firearms policy for the protection of health and safety of Dublin residents. All firearms sales are required to have several licenses. Chief Rose said all we require is a City business license. The Sheriff's Department offers a permit although this is not required by a City ordinance. Cm. Moffatt stated what he is advocating is a CUP such as what we use for childCare and long term health facilities. This would not be a ban on sales. The sale of firearms across the kitchen table is a safety issue. A CUP would clear up some of the things in the City. Perhaps a neighborhood would object to it. It would ensure that the regulations are followed up on completely. He would like to see some liability insurance on the home dealers. He would like to go forward and develop a CUP for home sales of firearms. Cm. Burton asked what this had to do with the Lafayette resolution. Cm. Moffatt stated Lafayette's is just one of many ordinances. Cm. Burton felt they have a lot of regulations already. Cm. Moffatt stated his concern was the sale in a neighborhood and he felt the neighbors should know. The law says a permit has to be posted in a public area. Cm. Burton read something that said the license has to be posted on the premises. Cm. Moffatt stated they would have to renew this every year. The law states it is only good for one year. Ms. Silver stated the law permits a licensing process and this type of license must be renewed each year. If we specify a particular type of use in a zoning district under a CUP an applicant would have to get a CUP and this typically runs with the land and you can specify that it is only good for a specific period of time. CIT~ COUNCIL MINUTES VOLUME 15 RE(IULAR MEETIN(I June 11, 199G PAGE 28G Cm. Moffatt would like to say gun sales and ammunition sales are allowed in C~2 zoning and in business districts. He would hope to require a CUP in a residential area. Forest Smith, 7423 Amador Valley Boulevard, stated he is part owner of the Gun Shop and the only licensed gun dealer in town. There are really only 5 licenses in the City; 2of which are their licenses. Another one is Mr. Reppas down on Dublin Boulevard. The word they have from ATF is the 2 remaining ones aren't going to be renewed. He knows personally people who have larger stocks of ammunition in their homes than the gun dealers. They represent a bigger safety issue than the dealers. He asked if the City Council is really trying to regulate gun safety or restrict guns. He asked that they examine their hearts on this question. If they are truly concerned about gun safety, he guaranteed that they can offer just about as much expertise in this area as possible. He can supply rationale. Mayor Houston asked about the requirements by ATF for home dealers. Mr. Smith stated the way these things are done is a very variable thing. In some places, you simply sign up and they give it to you. Other places, it is not this way. They are checking more and more to make sure you are a bonafide dealer. Others are being phased out at the Federal level. Mayor Houston asked if there was a way to check volume on any of the dealers. Mr. Smith said on hand guns you can get this information from the State; they have the data. Mayor Houston asked about the time of a license. Mr. Smith stated he thought it was a 3 year license. This went into effect 2 years ago. More people are letting them expire because of the regulations. Most don't have any volume to speak of. They sell to friends. Technically, you must go through a gun shop and there's a 20 day waiting period. Mayor Houston asked about the liability on guns not properly stored. Cm. Burton asked if there had been any problems in Dublin involving gun dealers. Mr. Smith stated he felt Chief Rose could answer this. Chief Rose stated we haven't had any problems with gun dealers, per se, but a business was burglarized. ClT~ COUNCIL MINUTES June 11, 1996 PAGE 287 John Wagner, 8342 Mulberry Place felt dealing with firearms is difficult even transferring from one member of the family to another. His father is deceased and he assumed if he wanted to have his gun he would have to go through a gun dealer. He has his own and they are registered and legal. He defied anyone to really define a Saturday Night Special. Other cities are being sued by the NRA. He did not feel the City of Dublin should get into a situation where there may be litigation. Why should we go in and help the City of Oakland? Wait and see what happens and save our money. Cm. Moffatt stated he was not suggesting we ban any weapons. If this is to be done, it should be at the State or Federal level. What he is asking is that anybody that sells weapons in the City have the proper license. Like childcare centers, this could be an area where you bring a lot of people into the area and the neighbors might not want this in their neighborhood. The citizens have a right to make a decision as to whether or not they want residential gun shops. Mr. Wagner felt the State regulations deal with having cars going into an area. He would not want this to happen. He is very much behind the honest gun dealer. Bob Fasulkey, 777¢ Topaz Circle was concerned when he saw this as an agenda item. As the City Attorney Silver pointed out, we have 4 layers of control on this. To introduce an ordinance that doesn't do anything makes it a superfluous issue. Cm. Moffatt asked if he would object to having a gun dealer next door. Mr. Fasulkey stated he would object to having a sign on the house saying they're selling guns. Bilton Hartog, Foxborough Court, San Ramon stated he is President of the San Ramon NRA, and passed out literature on home gun dealers. (No copy was given to the City Clerk.) With regard to liability insurance, he understood that in the California Penal Code a bonafide dealer is not liable. He is a licensed contractor of the state and he is required to post his license in his office. He requested that the City Council review the information distributed. He spoke with Inspector Reed with DP, FA today who told him he had no recollection of problems with gun dealers. Every licensee with the exception of Wayne's Gun Shop, expires this year. Mayor Houston thought Mr. Smith's point was very valid. If they want to look at the safety factor, they should work with them. He referenced the February 13, 1995 City Council minutes when Cm. Moffatt indicated he was concerned about safety. If we are looking for gun restrictions and we want to put a billboard on top of someone's house then we're trying to restrict guns, but if we're looking at safety we could look at issues to protect everybody. CIT~ COUNCIL MINUTF. S ~OLUMI~ 15 R£~ULAR MF. ETIN~ June 11, 199~ PAGE 288 Cmo Moffatt felt people in the neighborhood should decide whether they are there or not. You could potentially have a very dangerous situation. If you get them hot enough, shells will go off. They don't have the power they would in a gun, but they could be potentially.dangerous. He discussed a situation where a neighbor signed for a UPS package which contained weapons. A CUP would be a way to monitor that people are adhering to the law. As a Pharmacist, he had a gun held to his head. He wants to make sure everyone knows where the weapons are. Knowledge is safety. Cm. Howard stated she has no problem with selling guns, but concerned that we don't have local permits. We could say they can't be within a certain number of feet from a school or a daycare center or even a healthcare facility. Cm. Barnes stated she saw nothing wrong with the City regulating to increase safety. The City should have an ordinance with land use. We're not restricting, were regulating. Cm. Moffatt made a motion, which was seconded by Mayor Houston to have Ms. Silver look at an ordinance that requires a CUP for any weapon's seller in a residential area. Cm. Moffatt stated he would like to see them have liability insurance as part of it if they are going to store ammunition there. He would like Lafayette's ordinance which deals with permit used as a design. It has a list of things required. Ms. Silver clarified that she is to prepare an ordinance that requires gun dealers to have a local permit and regulating through the land use process with a CUP for residential areas only. The local permit would be issued by the Chief of Police and the conditions listed would be those required by the Penal Code. Ms. Silver stated a second aspect of the motion would be to require a CUP in residential area so they would have to get 2 licenses. In a retail area, you would have to get a license from Police Chief. A business license would also be required and if they want to operate in a residential area, a home occupation permit and CUP would be required. Ms. Silver discussed regulation by requiring a local permit. A second thing is regulating the location where gun dealers can operate. You can through zoning, regulate location of certain uses. This would just be the regular typical CUP process. Cm. Moffatt then mentioned a permit in residential areas. The 6 items are automatically required if the City requires a local permit. Any gun dealer now has to get a business license and they need this to get their ATF permit. They have to have something from the City. CITY' COUNCIL MINUTES VOLUME 15 June 11, 1996 PAGE 289 Mayor Houston asked if they should work with the gun dealers to address the safety issues? Ms. Silver stated Lafayette requires a permit and also regulates the location by zoning. The conditions would be part of the local permit. Mr. Smith stated he wasn't sure why we would want to burden the City's code by restating current laws. There is a bit of a Catch 22 here in that they can't get state licenses before they get a business license. Cm. Barnes clarified that we can issue a permit subject to them obtaining all the necessary other things. Mayor Houston felt that because they already have to do the 6 things anyway, this wouldn't be anything new. Mr. Smith expressed concern about the insurance stipulation Cm. Moffatt threw in. Cm. Moffatt explained that this would be if they store merchandise in a garage and a kid comes over to play and gets into it. He felt a homeowners' policy would cover this. This would apply to a residential dealer. Mr. Smith felt most policies do not cover criminal activity. Ms, Silver stated the section dealing with insurance was referenced. Lafayette precludes gun dealers in residential areas. When they get their commercial area permits, they must show their insurance. Cm. Moffatt asked if Ms. Silver could work with the Police Chief to develop some of the criteria. He felt an inspection by the Police is important. Ms. Silver stated this has nothing to do with a local permit. A CUP only deals with location of where you can operate. Mr. Smith stated they get inspected twice a year already. They have to pay $85 a year for the state to come down and inspect them. Cm. Moffatt asked if the City could get a copy of the inspection. Chief Rose stated currently we don't have a gun dealer permit process. What we used to do is have the SherifFs Department do the gun dealer permits for the City and they still continue to do this today. It sounds like we need to remove this from the SherifFs CIT~ COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 June 11, 1 PAGE 290 jurisdiction and bring it into our jurisdiction. This would be step one regardless of where the gun dealer iso Chief Rose stated they could require permits for this just as they do for parades or for anYthing else. This would clear up some of the misunderstandings. On substitute motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the Council determined that gun dealers (both residential and commercial) would be required to get a police permit and residential gun dealers would require a CUP. The oversight would come back to the City of Dublin and they would have to get a Dublin permit, and this would be a part of the Dublin Municipal Code. The City Attorney was directed to prepare a draft an ordinance to be brought back at the next City Council meeting. REQUEST FROM SHERRY & KENNETH HILL TO ADDRESS THE CITY COUNCIL ON A SULFUR ODOR EMANATING FROM BORDEAUX ESTATES SUBDRAIN ON ROLLING HILLS DRIVE (TRACT 5073) 10:34 p.m. 8.3 (1030~30) Public Works Director Thompson presented the Staff Report and advised that Mr. & Mrs. Hill who live at 11210 Rolling Hills Drive, have requested that this item be placed on the agenda and that the City of Dublin find a solution to the hydrogen sulfide odor emanating from a drain inlet in an open space parcel owned by their Homeowners' Association. The odor comes from an underground spring which passes through a sulfur deposit. The subdrain is not on City property, nor is it the City's responsibility to maintain the system. Sherry Hill asked, generally speaking, how much knowledge the City Council has of the situation. Who owns the streets7 Who owns the stormdrains? Who owns the subdrain? Mr. Thompson replied the City owns the streets, the City owns the stormdrains and the Homeowners' Association owns the subdrain. Ms. Hill asked about the bond and when it was released. Mr. Thompson stated it was at the end of the lawsuit. Ms. Silver advised that the settlement agreement was signed on May 19, 1995, and it was included in the agreement. CITY' COUNCIL MINUTES VOLUME 115 Rt~6ULAR M£ETIN6 June 11, 1996 PAGE 291 Mr. Thompson stated it was a subdivision performance bond and it included the subdraino Ms. Silver felt that if there were more questions, it might be more appropriate for them to meet with Ms. Hill stated what is listed on the agenda is not correct and she requested that it be changed. They are requesting help and the odor is coming from at least 4 of the City owned stormdrains. There should be as~built plans if the homeowners' association owns it. If the system fails, perhaps there should be easements filed with the City so they would have access to the failed lines. The smell is coming from City drains. Mayor Houston stated the wording couldn't be changed on' the agenda, but reference of the changed wording could be included in the minutes. The agenda, as published: 8.3 Request from Sherry & Kenneth Hill to address the City Council on a Sulfur Odor Emanating from Bordeaux Estates Subdrain on Rolling Hills Drive (Tract 5073) Mr. & Mrs. Hill, 11210 Rolling Hills Drive have requested that this item be placed on the agenda and that the City of Dublin find a solution to the hydrogen sulfide odor emanating from a drain inlet in an open space parcel owned by their Homeowners' Association. The odor comes from an underground spring which passes through a sulfur deposit. STAFF RECOMMENDATION: Receive report and any public testimony and give Staff direction as appropriate. Ms. Hill requested language: "Mr. & Mrs. Hill, 11210 Rolling Hills Drive have requested that this item be placed on the agenda and that the City of Dublin find a solution to the hydrogen sulfide odor emanating from a subdrain system which includes a drain inlet in an open space parcel owned by their Homeowners' Association; from stormdrains (on Rolling Hills Drive and Brittany Drive) which are owned and maintained by the City of Dublin; from portions of the subdrain system which cross under Rolling Hills Drive and Brittany Drive, both of which are owned by the City of Dublin; and from portions which cross under and enter onto at least one Bordeaux Estates private homeowner's property ('Kenneth & Sherry Hill). The odor comes from an underground spring which passes through a sulfur deposit." Ms. Hill stated their intent is to work with the City to resolve this problem. It is frustrating, but they just want to solve it. Mayor Houston felt they should table this and talk with the City Attorney and Public Works Director Thompson. cl'r~' COUNCIL MINUTES V'OLUM~- 15 June 11, 1996 PAGE 292 Gloria Hoxsie aka Gloria Husick, stated she is President'of the Homeowners Association of Silvergate Highlands and surrounding the open space area in question. She was given documents by the Hills and she also had conversation with the Attorney that sued the City. The Attorneys in the lawsuit were trying to eliminate the smell. The City had a hammer over the developers and the lawsuit was resolved with this one homeowner and the City was successful with a summary judgment. She thought the City has a responsibility to work with the Hills and the Homeowners' Association to resolve this situation. It is not just from the one drain and the City does not have on file the documents necessary for them to trace the outlets. By releasing the bond, they felt we eliminated the source of funds to correct the problems. The City should get the developer back in and have them pay to resolve the problem. If they could work with the City and get PIMSA back involved maybe they can all come up with a solution so as to not further decrease the property values. Mr. Thompson asked for a copy of the Bissel and Karn report. Ms. Hill also added as a concern that a worker on her property discovered possible health hazards on their property. They have no idea of the levels going into the system whether it is a legally acceptable amount, They have environmental concerns as homeowners as well as for the City. On motion of Mayor Houston, seconded by Cm. Burton, and by unanimous vote, the Council agreed to continue this item until such time that the City Attorney and Public Works Director Thompson can meet with them. OTHER BUSINESS 10:50 p.m. Visit to Dublin Texas (140-50) Cm. Barnes requested that the City Clerk give a brief report related to her recent visit to Dublin, Texas as part of the Dublin Sister City Association's Dublins of America project. Kay Keck stated Dublin, Texas was a very friendly little town with about 3,200 people, located about 80 miles southeast of Dallas/Ft. Worth. They had a very impressive looking "Dublin National Bank" on one of their main corners in town. She visited the oldest Dr. Pepper bottling plant in the world in Dublin and they still bottle, but only on Tuesdays. A huge plantation style house surrounded by big trees which sat on 10 acres of land was on the market for $125,000. Her tour guide, Anne Eckerson with the Chamber of Commerce thought it would make a wonderful Bed & Breakfast Inn were it not for the fact that it would probably take another $100,000 to fix it up. CIT~ COUNCIL MINUTES V~OLUME 1 RE{iUI~tR ME£TIN6, June 11, PAGE Ms. Keck stated she would share lots of pictures when she got them developed. Tri~Valley Council Meeting (140~80) Mr. Rankin announced that agendas had been distributed for Tri~Valley Council meeting which Dublin is hosting on Wednesday, June 19, 1996.. Cm. Barnes questioned Danville wanting to talk about the BART Station name. Mayor Houston stated they would be given an update. CLOSED sESsIoN 10:57 p.m. 10.1 (640~30) The Council recessed to a closed session to conference with Legal Counsel ~ Anticipated Litigation ~ Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 ~ One potential case. REPORT OF CLOSED SESSION ACTION Mayor Houston announced that the Council directed the City Attorney to initiate litigation. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 11:25 p.m. Mayor CITY' COUNCIL MINUTES VOLUME 1 RE(iUL~R MEETIN6 June 11, 1 PAGE