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HomeMy WebLinkAbout07-09-1996 CC Adopted MinutesREGULAR MEETING ~ July 9, 1996 A regular meeting of the Dublin City Council was held on Tuesday, July 9, 1996, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Houston. ROLL CALL PRESENT: Councilmembers Barnes, Burton, Moffatt and Mayor Houston. ABSENT: Councilmember Howard. PLEDGE OF ALLEGIANCE Mayor Houston led the Council, Staff and those present in the pledge of allegiance to the flag. PRESENTATION ON DSRSD - EBMUD RECYCLED WATER PROGRAM 7:05 p.m. 3.1 (1000-90) DSRSD Board Member Jeff Hansen gave an overview of the project and explained that the DSRSD - EBMUD RecYcled Water Authority (DERWA) is a joint powers authority which has been actively planning for the implementation of the San Ramon Recycled Water Program which involves the service of recycled water to existing and future identified demands within and adjacent to the Cities of Dublin and San Ramon and the Town of Danville. A Draft EIR and Facilities Plan are expected to be released by DERWA within the next 2-4 weeks. The purpose of providing the recycled water for landscape irrigation and other non-potable uses is to conserve drinking water supplies. Recycled water would be produced by DSRSD at its wastewater treatment plant in Heasanton. A distribution system, to include pipelines, storage facilities and other infrastructure, would be constructed to deliver water to parks, athletic fields, landscaped public spaces, road medians, golf courses, plant nurseries and similar areas of maintained vegetation. It's important for the Cities to buy into this. The City of Dublin is a key player. Bert Michalczyk, Authority Manager discussed the schedule and their facility planning effort. They've taken a very global look at where recycled water can be used. Recycled water is totally acceptable for landscaping but will have some sensitivity for certain types of plants such as Crepe Myrtles which are particularly sensitive. Turf grass is 90% of the service area. They will be careful and aware of this. They feel they will be able to deliver the water cost effectively and hope to have this market driven. Price is very important. There will be a number of workshops and public hearings. They would hope to make delivery by early summer of 1998. CIT~r COUNCIL MINUTES VOLUME 15 RE(IUI.~R MEETIN(I July 9, 1996 PAGE 344 Cm. Burton asked about how the water is treated. Mr. Michalczyk explained that it is a very highly treated and filtered water, and it meets all the health requirements and safety standards. Cm. Moffatt asked if there is any chance of a buildup of salts. Mr. Michalczyk stated it has a higher salt content than potable water. The salt stays behind in the soil. You have to over~irrigate a little to get rid of the salt. Winter rains flush this from the soil. Cm. Moffatt asked if there was any problem with storage in the Aquafirs? Mr. Michalczyk stated it is roughly the same quality as in the fringe basins. This water will not get into the main Aquafir. It will be pushed into the ground and injected into the fringe basin. Mr. Hansen stated along with price and environmental concerns, this type of water provides a hedge against drought. There will be many opportunities for the gathering of public information. They have established a hot line and they have a website available for information. They look forward to working with the City as one of their primary customers. Cm. Moffatt asked about any anticipated raise in the cost of water because of capital outlay. Mr. Hansen stated they had to go about this with a carrot rather than a club. Amortization of capital costs were discussed. They believe they can demonstrate competitiveness when it comes to price. Cm. Burton asked how and if the State regulations requiring wastewater plumbing on redesign or development would impact this. He asked if this is still in effect? Mr. Michalczyk stated he understood this was not a mandate, but rather encouragement. The source of the capital will be borrowed on the bond market for 30 years. The capital costs are about 80% of the project. Over time, it will be even more competitive because operating costs are only 20% of the project. Mr. Hansen distributed an information sheet. crl¥ COUNCIL MIN~ 'VOLUME 15 July 9, 1996 PAGE 345 Gun Issues (585-80) 7:30 p.m. Karen Seals, 7068 Prince Drive, requested that the Council consider a Citywide ban on Saturday night specials. She would be very interested in Dublin joining in with the other cities in the County to ban these guns. The Valley is completely left out of this. We should be represented. Another thing would be to require a CUP for the sale of firearms in the City. Most of the other cities have this requirement. Dublin, Albany and Emeryville does not. Lafayette has a requirement. She distributed information on what's going on in cities around us. (No copy was given to the City Clerk for inclusion in the record.) Cable Communications (1050-1 O) 7:34 p.m. Bob Fasulkey, 7776 Topaz Circle, asked if it would make sense for us to share with Viacom on a project they are working on with Dublin Unified School District. The cost and details will have to be worked out. He requested that one of the City Staff be directed to take a look at this and check the viability of working with Viacom to deploy fiber optic cable to key public facilities. An opportunity of this type will not likely reoccur. Cm. Moffatt felt this was a good concept, but there may be a price to be paid. Mr. Fasulkey stated he is just the messenger of this. He was not aware of what our future plans are, but wanted to call this to our attention. We should look at the next 5 to 10 years. Cm. Moffatt felt the basis was are we going to use the phone system or cable system for future communications. It was his understanding that PacBell is using fiber optics also. The question is, which way will we jump. Both are good systems. He felt it would be a good idea to look at the systems coming in the future. The City Council requested Staff to check with the School District to see what they're doing. Mr. Ambrose stated we looked at the benefits to our facilities and they were limited. The School District has greater and different needs. We will look into what's happening with Viacom. We currently have cable to all our major City facilities. MaYor HoustOn felt it would be a good idea for the School District and City Staff to talk about this. CIT~ COUNCIL MINUTE~ VOLUME 15 RE{IUI~R MEETIN~I July 9, 1996 PAGE 346 Gun Issues (585-80) Marjorie LaBar, 11707 Juarez Lane asked that the topic of the City joining with other Alameda County cities in banning junk guns be placed on the agenda as soon as possible. It's extremely important. These guns have no purpose other than doing great bodily harm. There's no need for them to be sold in the City. Cm. Moffatt stated he understood that the gun shop in Dublin does not sell these types of weapons. If the other cities put a ban on them, we should not be the only holdout and at least have a public hearing on this so residents can have their say. He also recommended that this be put on a future agenda. Mr. Ambrose asked about a date and advised that there will be 9 public hearings scheduled at the next City Council meeting. The Council directed that it be put on the agenda as soon as possible and as soon as is practical. Cm. Barnes noted that Cm. Howard was absent due to a family medical emergency. Her daughter is in Kaiser Hospital with appendicitis. CONSENT CALENDAR 7:45 p.m. On motion of Cm. Barnes, seconded by Cm. Moffatt, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 25, 1996; Authorized (4.2 600~30) Staff to advertise for bids for the Dougherty Hills Slope Repair; Adopted (4.3 810-70) RESOLUTION NO. 74 - 96 ESTABLISHING AN EASTERN DUBLIN SOLID WASTE MANAGEMENT PLAN C11'¥ COUNCIL MINUTES VOLUME 15 RE(iUI~R MEETIN~ July 9, 1996 PAGE $47 Adopted (4.4 600-30) RESOLUTION NO. 75 - 96 APPROVING CHANGE ORDER NO. 14 TO REDGWICK CONSTRUCTION COMPANY FOR ASPHALT CONCRETE OVERLAY OF DUBLIN BOULEVARD FROM DONLON WAY TO EAST OF VILLAGE PARKWAY, AND ASPHALT CONCRETE OVERLAY OF MINOR RESIDENTIAL STREETS Approved (4.5 300~40) the Warrant Register in the amount of $687,892.42. PUBLIC HEARING - PA 94-028 SCHAEFER RANCH PROJECT EIR~ GENERAL PLAN AMENDMENT~ PLANNED DEVELOPMENT PREZONING AND ANNEXATION INITIATION 7:46 p.m. 6.1 (420~30) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that this project includes 474 single~family homes, a small commercial site, and over 250 acres of open space proposed for a 500 _+ acre site immediately west of the Dublin City Limits along the 1-580 Freeway. The proposed project includes: 1) a GPA for the 500 _+ acres of land, changing land use designations from agricultural to various urban land uses. In addition, General Plan policies may be added or amended. 2) Planned Development Prezoning, Tentative Subdivision Map, Development Agreement and subsequent Annexation. 3) Annexation and/or detachment from various service districts. Ms. I-Iuston stated a fiscal study of the project's impacts was conducted as part of the Environmental Impact Report. The report concludes the project, as proposed, and with the mitigations recommended in the EIR, would result in a revenue surplus for the City. However, if changes are made to the project which require the fiscal impacts be re~evaluated, the fiscal study may need to be updated. A condition of approval is attached to the Planned Development Prezoning resolution to require updates to studies where the City determines it necessary. Ms. Huston explained that the draft GPA and EIR were discussed by the Planning Commission on June 4, 1996 and the Planning Commission recommended that the City Council certify the EIR as complete and adequate, and adopt the GPA. The Planning Commission then considered the next component of the Schaefer Ranch project proposal, the PD Prezoning at their July 18, 1996 meeting. The Planning Commission recommended that the City Council adopt an ordinance establishing the PD overlay zone, and approve the Land Use and Development Plan and proposed General Provisions for the project as conditioned. CITY' COUNCIL MINUTES VOLUME 15 July 9, 1996 PAGE 7,48 Ms. Huston explained that some of the impacts are unavoidable. This includes secondary effects on native plants and wildlife, air quality (regional pollutant emissions) and cumulative impacts. Ms. Huston elaborated on the EIR, the GPA, the PD, and Annexation as discussed in the Staff Report. She specified that the EIR and the proposed Mitigation Monitoring Program, Findings, and Statement of Overriding Considerations to be adopted will apply to all project approvals before the City Council tonight. In conclusion, Staff recommended that the City Council, following a public hearing, adopt: 1) the Resolution certifying the EIR; 2) the Resolution adopting the GPA, Findings and Overriding Considerations regarding the project approval, and Mitigation Monitoring Program for the project; 3) the Resolution approving the PD Prezone General Provisions and Land Use and Development Plan; 4) the Resolution authorizing initiation of an application for reorganization to the Alameda County Local Agency Formation Commission; and 5) waive the reading and introduce the PD Prezone Ordinance Ms. Huston explained that somewhere in the project there will be a park and land designated for a fire station. Cm. Moffatt questioned the LAFCO application and asked if we approve does this mean we will accept annexation if they grant it? Ms. Huston responded no. Cm. Moffatt stated with regard to the school district, he would like to make sure that the application states it should be the Dublin School District and he urged the Dublin Unified School District to start negotiating with these folks. This project has been on line for several years. Another concern was with the current situation regarding DP, FA, he asked what type of fire service can we say we will have at the time of application? Mr. Ambrose stated the application will be made this fiscal year and the City will provide service through DP, FA or any subsequent fire service provider. The School District is not part of LAFCO's discretion. Cm. Moffatt stated he felt we should not accept annexation until we get the school district issue resolved. Cm. Burton agreed that the school situation needs to be resolved, but it may never happen. We may always have Livermore School District and Castro Valley School District and he would not like to see us lose out on opportunities because of school districts. He felt it would be unwise to try to connect the two at this time. CIT~ COUNCIL MIN~ V~OLUME 15 RE6ULAR MEETIN(~ July 9, 1996 PAGE 349 Cm. Moffatt stated he was thinking more of his and Dave's grandchildren and Guy's kids. This will take a year or two to happen and hopefully the School District will get off their duff by that time. An unidentified person in the audience stated DUSD is working on this. Mayor HoustOn stated the timing may not cOincide. Jim Parsons with PA Design and Resources, representing Schaefer Heights, Inc., stated they have looked forward to tonight for a very long time. This process started back in 1988 when they were part of a much larger West Dublin area. They hope the City Council will approve the items tonight so they can proceed with a tentative map and then on to construction. Mr. Parsons stated on Exhibit 1, EIR they have reviewed this and feel it is complete and adequate. They don't necessarily agree with all the impacts classified as significant. Some of the mitigation measures are very restrictive. They do feel it should be certified. Exhibit 2, no specific comments. Exhibit 3, PD & rezoning, they agree with Staff on height limitations and setbacks except for neighborhood C. They will have 4 neighborhoods. Sideyard setbacks for C, Staff felt should be increased from 10 feet between homes to 15 feet. They felt this was too restrictive for this particular neighborhood. The impact will result in a narrower house where the garage door will dominate the front. They would like to request that 'the City Council allow the 10 feet, with 5 feet for each unit. Exhibits 4 and 5, no specific comments. John Anderson stated he felt this project seems to have done everything correctly. The only problem would be if this is part of a future master plan. He would hate to see development occur piecemeal. Mayor Houston felt they were not looking at any enlargement of this project. Cm. Burton stated as far as he knew this project is the only thing before them and is the only thing planned. The City Council is only reviewing this one project. He would not want to forestall future elected people from having options. No one is secretly saying when they get this one they will get another one. Jeanne Howland, Dublin Unified School District, stated she enjoyed working with City Staff and the .developer. They are well aware that the property lies within the Castro Valley School District. A letter dated July 8, 1996, from their attorney, Robert E. Kingsley was presented, suggesting 2 or 3 areas of clarification. The Mitigation CITY' COUN(~IL MINUTES VOLUME I ii RE~UL. lmtR MEIiTIN~i July 9, 1996 PAGE 350 requirement in the EIR now is adequate but their attorney suggested some additional language. Marjorie LaBar suggested that with future development projects, the City Council should be pointed toward the model that has been developing and how Schaefer Heights has worked with the community over the years. The developers took the time to go out and find out what the community concerns were and to honestly address them. She hoped future developers would follow this model. The EIR was well done. Remaining issues she hoped would be worked out to benefit the entire community. David Bewley stated he has been paying attention to this project for quite some time. He was concerned that this not be a piecemeal development of the entire western hills. He.urged the City Council not to modify this plan in any way so that other parcels could be interlocked. This has been well structured. There are other property owners who would like to develop in the hills as well and they should be looked at as a collective whole. Mayor Houston closed the public hearing. Cm. Burton asked where the 5 foot, 10 foot and 15 foot setbacks come from. Community Development Director Peabody stated this goes beyond the simple request of the Applicant. There is a long way to go yet with the design of the lots and the homes that go on the lots. They took the Planning Commission on a field trip and extensively talked about setbacks and looked at good and bad examples that have occurred all' over the Tri~Valley area. Page 102 talks about the design standards for the neighborhoods. The Planning Commission felt very strongly about the 15 foot setback for lots of 5,000 and 6,000 sq. ft. Cm. Burton stated he would like to see more on this before having to make the decision, He has been in the building industry and has built many homes with 5 foot sideyards. A lot of people don't use this area. He hated to arbitrarily come up with a design imposed on them when they can't see what they're talking about. Mr. Peabody suggested that they could deal with the issue of setbacks when they deal with the tentative map. Mayor Houston asked what problems would be involved with dealing with this at the tentative map stage. Mr. Peabody stated the tentative map goes directly to the Planning Commission. Mayor Houston stated it could be appealed to the City Council. It would be easier to evaluate when they could see a plan. ClT~ COUNCIL MINUTES VOLUME 15 RE6UL~R MEETIN6 July 9, 1996 PAGE 351 Mr. Ambrose stated the City Council could direct that the tentative map come back to the City Council. Cmo Barnes felt 5 foot setbacks are ridiculous. We have air conditioning units and large garbage cans. Things have changed and 5 foot setbacks are yesterday. It's only fair to the builder to say at this point that this is what we require. Cm. Moffatt felt we have an excellent Planning Commission and they did their job well and he saw no reason to usurp their decision. With regard to the letter from the Attorney, bringing this in at the eleventh hour, he would like to go through it completely to see if it is viable. He suggested that it be deferred until the time of the tentative map stage. Mr. Jarvis stated from a legal standpoint they do request some policy issues. The City Council might find it appropriate to hear from Staff and the Applicant regarding the policy issues. Mitigation measure wording needs to be determined when the EIR is certified. The City Council could choose to leave the mitigation measures as they are. After they certify the EIR they can still retain the right to make changes. Cm. Barnes commented on Page 16, Medical Emergency Response Time Impacts 7.3.D. With regard to response time, she felt the wording, did not seem strong enough. Rather than a notice, she felt this should be something a resident would see and sign. He must know when he buys there that there will be some less than desirable times with regard to fire and safety. Cm. Barnes commented on Page 18, Life Safety Impacts 7.3.J with regard to safety impacts, "Implement an education or self-inspection program to provide assurance that the automatic fire sprinkler systems remain in service." She commented that she remembered at joint meetings that homeowners association possibly would pay the constant monitoring and then homeowners would be assessed. She would like some very strong wording there. Cm. Barnes stated she was most unhappy with the park situation and would like to add some strength. She doesn't know if she'll like the location. Future residents should be able to appreciate all the amenities they deserve. We need to look at these things early on. Ms. Huston stated regarding the parks issue, a condition was added that would require that this issue be resolved and include the City Council's review before any tentative map is approved. Ms. Huston stated regarding the notice issue, the Mitigation Monitoring Program is a brief summary of the requirement. The EIR contains full suggestion and it discusses specific language that the notice include and it will be a condition of the tentative map CIT~ COUNCIL MINUTES ¥OLUME 15 Rt~qiULAR MF-.ETIN~. July 9, 1996 PAGE 352 approVal. Stronger language can be included such as it needs to be recorded with the deed. Mayor Houston stated "notice" sounds kind of wimpy. If it was signed at the time the contract was taken and set, it would be more appropriate. Disclosure would have more impact than the word notice. Staff should make this clarification. Chief Diekman discussed the requirement of a monitored system and there should be some assurance that it remain monitored. A reasonable approach would be to have a development with someone monitoring every system in it. This may be advantageous to the homeowners and he felt this was a good recommendation and should be included. Rob Yohai, President of Schaefer Heights felt what they discussed was in conjunction with the fire authority that there would be some type of inspection program set up to make sure the sprinkler system was working. The sprinklers themselves would be hardwired to some type of station so an alarm could sound to a central station. They haven't gotten into this type of detail with Chief Diekman. Cm. Moffatt felt with regard to the hardwire and service, they should notify the people of this service and there usually is a charge for this. He asked if it will be paid for by the homeowners association? Cm. Barnes asked about who would pay if a house happens to be vacant. You jeopardize others around that particular house. She just wanted to make sure this is paid for. Mr. Ambrose stated you would have a central alarm monitoring service and a bill is sent to somebody to pay to continue to monitor this system. Cm. Barnes stated she would prefer to see it paid by the homeowners association rather than individual 'homeowners. Ms. Huston pointed out the Mitigation Monitoring Program does reference this and it could be applied as part of the conditions of approval. Ms. Huston stated disclosure notice at time of purchase contract would be a condition of approval at time of tentative map. Mr. Ambrose stated with regard to disclosure and alarm system, it would be simpler to give Staff direction to modify the Mitigation Monitoring System now. Rick Jarvis clarified that before the City Council at this time is whether to certify the EIR with this-language. CITY' COUNCIL MINUTES ~/OLUME 15 RE~iULAR MEETIN(] July 9, 1996 , PAGE 353 On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council adopted RESOLUIION NO. 76 - 96 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SCHAEFER RANCH PROJECT and with technical clarifications recommended by Staff related to alarms and notification, adopted RESOLUIION NO. 77 - 96 ADOPTING IHE SCHAEFER RANCH PROJECT GENERAL PLAN AMENDMENT; MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SCHAEFER RANCH PROJECT GENERAL PLAN AMENDMENT; AND ADOPTING A MITIGATION MONITORING PROGRAM FOR PA 94-028 SCHAEFER RANCH PROJECT GENERAL PLAN AMENDMENT and RESOLUTION NO. 78 - 96 FINDING PA 94-028 SCHAEFER RANCH PROJECT PLANNED DEVELOPMENT (PD) PRF70NING WITHIN SCOPE OF FINAL EIR, AND APPROVING PD PRFTONING GENERAL PROVISIONS AND LAND USE AND DEVELOPMENT PLAN and RESOLUTION NO. 79 - 96 AUTHORIZING INITIATION OF APPLICATION FOR REORGANIZATION WIIH LAFCO FOR PA 94-028 SCHAEFER RANCH On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council waived the reading and INTRODUCED an Ordinance amending the Zoning Ordinance to permit the prezoning of real property located on the north side of the I~580 freeway, at Schaefer Ranch Road, in Alameda County, CIT~r COUNCIL MINUTES VOLUME 15 REOULAR MEETIN(I July 9, 1996 PAGE $54 adjacent to Dublin's western City Limits; and scheduled the second reading of the Ordinance for the July 23, City Council meeting. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote (Cm. Howard absent), the Council determined that the policy issue request from the School District would be considered at a later time. The setback issue was dropped. It stands as is. PUBLIC HEARING INCLUSIONARY ZONING ORDINANCE (PA 96~018) 8:51 p.m. 6.2 (430-20) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that the Dublin General Plan and Eastern Dublin specific Plan require that the City adopt an Inclusionary Zoning Ordinance requiring a minimum percentage of the units in new residential projects to be affordable to lower and moderate income families. The proposed Ordinance is the result of the direction provided by the Planning Commission and City Council at two joint study sessions held in February and March of this year. Ms. Huston stated at its June 11 City Council meeting, the Council held a public hearing and made a minor revision to the Ordinance to change the term which an Inclusionary Unit must remain affordable, from 30 to 20 years. At its June 25 public hearing, the Council directed Staff to reverse the change and the Ordinance was introduced. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. Cm. Burton stated he does not support this as he does not feel it is proper public policy. It is unfair that the new people moving into town are taking care of a City problem of affordable housing.. On motion of Cm. Barnes, seconded by Cm. Moffatt, and by majority vote (Cm. Howard absent), the Council adopted RESOLUTION NO. 80 - 96 ADOPTING A NEGATIVE DECLARATION FOR THE INCLUSlONARY ZONING ORDINANCE; AND ESTABLISHING METHOD FOR DETERMINING AMOUNT OF IN-UEU FEE C1T~ COUNCIL MINUTES V'OLUMt~ 1 I~ RI~ULAR MEETIN(~ July 9, 1996 PAGE 355 and waived the reading and adopted ORDINANCE NO. 14 - 96 ADDING CHAPTER 8.24 TO THE DUBLIN MUNICIPAL CODE ESTABLISHING ZONING ORDINANCE PROVISIONS RELATING TO INCLU$1ONARY HOUSING Cm. Burton voted against this motion. PUBLIC HEARING RENTAL AVAILABILITY ORDINANCE REPEAL (PA 96~019) 8:54 p.m. 6.3 (430-20) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that the City's Rental Availability Ordinance requires that a minimum percentage of the units in new multi~ family development projects be rented for a period of 5 years, in order to insure the adequate supply of rental housing in Dublin. Recent surveys show that the City's objective for rental units is being met by the housing market, and the Ordinance is no longer necessary. The Ordinance is proposed to be repealed, and this would require an Amendment to the Housing Element of the General Plan to delete the reference.to this housing program. Cm. Moffatt asked about the relationship of rental to ownership of homes. Ms. Huston stated this could be calculated, but she would need to check. Cm. Barnes expressed concerned with all the numbers she had been given. She would hate to see our rental market start dropping. Coming from 30 to 10 is a big drop. She doesn't want to take this chance. Mayor Houston felt the change in numbers is due to the information being more comprehensive. It is interesting that there is 0 vacancies in Dublin. Developers may get back into the apartment business. There have been no condo conversions. The market has more than taken care of this. No comments were made by any member of the public relative to this issue. Mayor Houston closed the public hearing. ClT'/COUNCIL MINUTES VOLUME 15 RE6ULAR MEETIN6 July 9, 1996 PAGE 356 On motion of Mayor Houston, seconded by Cm. Burton, and by majority vote (Cm. Howard absent), the Council adopted RESOLUTION NO. 81 - 96 ADOPTING A NEGATIVE DECLARATION AND APPROVING A GENERAL PLAN TEXT AMENDMENT REGARDING THE REPEAL OF THE RENTAL AVAILABILITY ORDINANCE and waived the reading and INTRODUCED an Ordinance repealing Chapter 8.04 of the Dublin Municipal Code known as the Rental Availability Ordinance, and scheduled the second reading of the Ordinance for the July 23, 1996 City Council meeting. Cm. Barnes voted against the motion, GENERAL MUNICIPAL ELECTION - NOVEMBER 5:1996 9:02 p.m. 8.1 (630-30) City Clerk Keck presented the Staff Report and advised that the next election in the City of Dublin will be on Tuesday, November 5, 1996 at which time the voters will elect a Mayor to a 2~year term and two Councilmembers to 4~year terms. At this time, it is necessary for the City Council to call the election, request that the Alameda County Board of Supervisors consolidate the election with the Statewide General Election and authorize certain procedural matters. Ms. Keck explained that the Council may determine whether the City or candidates shall pay the costs associated with the printing of candidate statements in the sample ballot and also whether to allow 200 or 400 word candidate statements. Staff recommended that as has been past practice, the candidates pay the costs associated with candidate statements and that a 200 word statement be allowed. Mayor Houston stated he felt what has been done in the past has worked well. Cm. Burton asked that anyone who files a statement be given a copy of the packet so they are not caught fiat footed during an election. Cm. Moffatt felt this was not what was being discussed, and that the Council should stick to what's agendized. Assistant City Attorney Rick Jarvis stated he felt they could include this under discussion of this item. CITY' COUNCIL MINUTES ¥OLUME 15 RE{iULAR MEt!TIN{i July 9, 1 ~¢ PAGE 357 Cm. Barnes concurred; once a person has filed and completed documentation they should then start receiving a packet. On motion of Cm. Barnes, seconded by Cm. Burton, and by unanimous vote (Cm. Howard absent), the Council agreed that all qualified candidates should receive a complete meeting packet during the election period, and to allow 200 word statements and that candidates will pay for their statements and adopted RESOLUTION NO. 82 - 96 CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 5, 1996; REQUESIING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STAIEWIDE GENERAL ELECTION; AND AUIHORIZlNG CERTAIN PROCEDURAL MAIlERS and RESOLUTION NO. 83 - 96 ADOPTING REGULATIONS FOR CANDIDAIES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION I0 BE CONSOLIDATED WITH IHE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996 EASTERN DUBLIN GRAZING MANAGEMENT PLAN AND WILDFIRE MANAGEMENT PLAN ~3:07 p.m. 8.2 (420-20) Senior Planner Cirelli presented the Staff Report and advised that the Eastern Dublin General Plan Amendment/Specific Plan and EIR requires the City to prepare and adopt certain implementation plans and programs before Eastern Dublin development occurs. The City has completed two of these plans which are now ready for consideration and adoption. Ms. Cirelli explained that the primary intent of the Grazing Management Plan is to ensure that significant riparian and wetland resources of Tassajara Creek and its major tributaries within the Eastern Dublin area are protected and enhanced, while allowing grazing to continue on properties along the creek and tributaries, consistent with the Specific Plan: Cattle and horses grazing along Tassajara Creek and its major tributaries have reduced and degraded nativehabitat. Future grazing within the ClT~ COUNCIL MINUTES RE{iULAR MEETLMIIi July ~, 1 ~¢ PAGE 358 Eastern Dublin GPA area will be restricted to those areas zoned Open Space and Rural Residential/Agriculture. Ms. Cirelli stated the intent of the Wildfire Management Plan is to reduce the public safety risk of open land wildfire within the City to the lowest practical level while reasonably protecting wildlife habitat and other open space values. In summary, the Planning Commission held hearings on both plans on June 4 and June 18, and recommend approval of both plans by the City Council. Chief Diekman presented the highlights of the Wildfire Management Plan with regard to responsibilities, timing and action. Cm. Moffatt asked if the City has any financial obligations. Chief Diekman stated it is the intention to shift this burden to the developer early in the process so as to allow the City to avoid any financial responsibility. When plans are brought in, open space areas will have to have a plan. For each tract there would be a master plan which would have to be funded. Cm. Burton asked how many developers and landowners involved in this will go through these kinds of required hoops in order to graze cattle. We'll have all this grass out there and we will have no cattle on it. Chief Diekman stated this does not impact raw land in general. The major developer in east Dublin had considerable input on this plan. The County made comments and they are satisfied with it. We don't allow disking in this plan but we require mowing. Martin Inderbitzen representing the Dublin Ranch properties acknowledged that Chief Diekman was very gracious in meeting with their team related to concerns they had. There remains a couple of unresolved issues and the cost implications for the program. He discussed Page 2, the Undeveloped Land definition and Page 4 Mitigation Measures, and the bottom of Page 5 sprinkling requirement that all lands that interface with open space are required to have sprinklers. An overhead was shown of PD rezone which was approved earlier this year. They plan to cover a master tentative map, which would create several large parcels. They need about a year and a half to two years to get the infrastructure in place. An additional $3,500 fee would have to be placed on each unit in certain areas. He suggested that projects in eastern Dublin as they develop, the definition be expanded to not just undeveloped land. This doesn't jeopardize the integrity of the plan and doesn't increase costs unnecessarily. Cm. Burton asked for clarification. If you have a GP and a tentative map the proposal is they don't have to make the mitigations in stages they are developing. If there is open space planned in the project or you don't have control of the property next door are you saying the idea of putting is sprinklers shouldn't be required. cri~ COUNCIL MINIJTE~ I/OLUME 15 REIlUI. hR MEETIN(I July 9, 1996 PAGE 359 Mr. Inderbitzen stated he hoped to convince the City Council to make modification that would make the conditions at least bearable for them. They would accept the mitigations on the other areas. Cm. Moffatt asked about phasing with the infrastructure. Mr. Inderbitzen explained how they would bring the product line to market. They need flexibility with the market and they intentionally designed the project so they can move in several different directions. They will alWays have a project adjacent to their first release or open space. East Dublin will always have space adjacent to open space or undeveloped land and they would like some relief from conditions. Cm. Moffatt indicated he had a problem with an expert saying this is what should happen and a developer wanting to change it. Chief Diekman explained the problem with this particular project is if we had assurance that each pad was developed the way it was presented there would be no issue° As projects get a few years down the line, they are moved around. He discussed projects in other parts of the country. No restrictions are placed on any building until they come in to pull a permit. If the requirements become uncomfortable, the City Council is the appeal board. Mayor Houston stated he had a problem dealing with different circumstances than what we have. Mr. Inderbitzen stated there is opportunity in the master tentative map with regard to assurances that the Chief would like to see. Chief Diekman stated it starts out with a segmented zone extending out from any building, and depending upon the slope involved, it goes from 30 to 100 feet. We have created an accommodation and then in the construction of the building basically it seals the house. The last item would be in the interior building; the sprinkler system. Cm. Burton asked if there was a point where they could mow the grass to satisfy the requirement. He felt the developer would rather mow than put the sprinklers in. Chief Diekman felt they had compromised as much as they could without risk. Mowing is not the answer. Cm. Burton clarified he was talking about allowing mowing as a temporary measure when development is coming in. Chief Diekman feltthey can work with the developers as they will have an understanding of their project. CII¥ COUNCIL MINUTES VOLUME 15 Rt~iULAR MI~I~TIN~ July 9, 1996 PAGE 3t30 Cm. Barnes questioned why they think a horrible thing can't happen. They're talking about a plan that may take a lot of years. Cm. Burton stated he hates to see prices added a few thousand here and there. He's interested in affordable housing. If you get rid of the source of what will burn, this would seem to satisfy one of the problems. Mayor Houston stated master tentative maps and developer agreements have time limits. Chief Diekman stated their concerns are that if the phases are built in, will they be built as represented today. Mayor Houston stated there are no guarantees in this world. Developer agreements are a reasonable expectation, so why can't this concept be incorporated in. Chief Diekman stated he agreed and felt it was already included in the plan. demonstrate at the master tentative map stage, this is where they agree to the conditions to be placed on the project. If they Mayor Houston asked if something like this was added into the definition of undeveloped land, if this could accomplish the goals. Mr. Ambrose suggested making a slight change to the Page 2 definition to add master tentative map and developer agreement. The second line "no tentative map or master tent map or development agreement have been approved" lands which fall outside that definition would be considered undeveloped land. Chief Diekman suggested making the matrix one of the exhibits to the plan. Mayor Houston asked about wood fencing. Chief Diekman stated they recovered plans from throughout California and one of the requirements that seemed to come up frequently was that wood fences would not be allowed next to open space. They then discussed the issue of privacy around homes. On Page 6, they created a construction detail that could be used by a developer. This was placed in as a guideline for developers. Wood fences can be included. Mayor Houston commented there were a lot of different plants and he asked if this is to get the whole area started. Twenty years from now, or somewhere down the road, people will do their own thing. He asked if the Chief saw this as a problem or are we going to be the plant police for a period of time. CITY' COUNCIL MINUTES VOLUME 15 RE6UI~R MEETIN6 July 9, 1996 PAG~ 361 Chief Diekman stated we would be setting a standard which hopefully would prevail. In the fire buffer zone, they will need to address such issues as when plants die, how they are replaced. We would maintain control through our agreements. Cm. Burton stated he would go along with the fire management for grazing, but if you make it so hard or expensive, you lose. There's not enough money in it. Ms. Cirelli stated our consultant was very sensitive to the lessees in the area. Cm. Moffatt felt both concepts were part of the Specific Plan and necessary. We have to have a plan. Staff has done an excellent job of creating a flexible plan. If we don't have these types of plans, building stops until we do. On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote (Cm. Howard absent), with minor word change regarding master tentative map and developer agreement, the Council adopted RE$OLUIION NO. 84 - 96 APPROVING THE GRAZING MANAGEMENT PLAN FOR THE EASTERN DUBLIN GENERAL PLAN AMENDMENT AREA AND THE CITY OF DUBLIN WILDFIRE MANAGEMENI PLAN Cm. Burton voted against the motion. OTHER BUSINESS Valley High Gymnasium (610-85) Mr. Ambrose advised that a date had been set for the groundbreaking for the Valley High School gymnasium. It will be held on July 17 at 5:30 p.m. Mayor Houston stated he would talk to the Superintendent to get it moved to 6:00 p.m. The School District has not been very excited about doing this at all and he felt this was a mistake on their part. He will call tomorrow to see what he can do. Hansen Hill Grand Opening Event (610~85) Cm. Burton stated the Hansen Hill grand opening is on same day from 4:00 p.m. to 7:00 p.m. They will have a buffet and a couple of speeches. CIT'~r COUNCIL MINUTES VOLUME 15 RI~6ULAR MF~TIN6 July 9, 1996 PAGE 362 City Key Pins (120-40) Cm. Moffatt brought up the fact that the supply of City lapel pins are depleted and he suggested we buy more. Mr. Ambrose stated we have lapel pens which we give out in recognition of service. Cm. Moffatt suggested we get something like the key pins ordered for the Civic Center grand opening, so they can be passed out to visitors. The Council concurred and Staff was directed to order more. Policy on Use of City Seal (120~10) Cm. Moffatt asked how the City seal is used and about the criteria and policy for use. Mr. Ambrose stated we don't have an adopted policy, but an attempt is made to limit the use when issues come up. Cm. Moffatt stated he would like to see a policy. Cm. Barnes felt it is important to protect our seal. Mayor Houston stated he did not wish to spend any Staff time or money on this. Cm. Barnes felt a simple policy would solve future problems. Mayor Houston suggested bringing this back at a future meeting. LAVTA 10th Anniversary Celebration (1060~20) Cm. Burton reminded the Council that at 4:00 p.m., on Thursday, LAVTA would have .their I 0th anniversary celebration. There will be food and local wines. There is no public money expended. Free Garbage Pickup (810-10) Cm. Barnes asked if this Saturday is a free garbage pick up? CITY~ COUNCIL MINUTES VOLUME 15 RE6,UI.A.R July 9, 1 PAGE Staff responded yes it is. Televising Council Meetings (1050~ 50) Cm. Barnes asked what would be involved with moving the speakers podium in order 'for televising to begin. Other cities have had a similar problem and had to rearrange things. Mr. Ambrose advised that Staff will look at this as part of their report to the CounCil. Upcoming Agenda (610-10) Mr. Ambrose discussed the very heavy agenda for the next meeting and advised the Council that 10 public hearings have been noticed. Economic Development Brochure (470-10) Cm. Burton commented he thought the new economic development brochure was marvelous. ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 10:39 p.m. ATTEST: Mayor CITY' COUNCIl. MINUTES ~/OLUME 15 RE(iUL~R MEETIN(i July 9, 199~ PAGE 3¢4