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HomeMy WebLinkAbout12-01-1998 CC Adopted Minutes REGULAR MEETING - December 1, 1998 A regular meeting of the Dublin City Council was held on Tuesday, December 1, 1998, 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 Howard, Lockhart, McCormick, Zika and Mayor Houston. ABSENT: None. PLEDGE OF ALLEGIANCE Mayor Houston asked former Councilmembers Burton and Barnes to lead the Council, Staff and those present in the pledge of allegiance to the flag. ADMINISTRATION OF OATH OF OFFICE 3.1 (640-60) City Clerk Kay Keck administered the Oath of Office to newly elected Mayor Houston and Councilmembers McCormick and Zika. SELECTION OF VICE MAYOR 3.2 (610-20) On motion of Mayor Houston, seconded by Cm. McCormick, and by unanimous vote, the Council selected Cm. Lockhart to serve as Vice Mayor for a one-year period. CITY COUNCIL MINUTES ' VOLUME 17 REGULAR MEETING December 1, 1998 PAGE 525 CITY COUNCIL ORGANIZATION/ COMMITTEE APPOINTMENTS/ASSIGNMENTS 7:10 p.m. 3.3 (110-30) Mayor Houston indicated he had made his appointments of Council assignments. COMMITTEE Alameda County Housing Authority Alameda County Library Advisory Commission Alameda County Mayors' Conference Alameda County Waste Management Authority JPA Association of Bay Area Governments Gen'l Assy REPRESENTATIVE McCormick McCormicldZika (Alternate) Houston Lockhart/McCormick (Alternate) McCormick]Zika (Alternate) Citizen/Organization of the Year Congestion Management Authority Houston/Howard Zika/McCormiek (Alternate) Downtown Study Task Force DSRSD Liaison Committee Dublin Pride Week Committee Dublin Unified School District Liaison Committee Lockhart Houston/Lockhart Howard/McCormick HoustonfLockhart East Bay Division/League of CA Cities East Bay Regional Park District Liaison Committee Job Training Partnership Act/PIC Howard/McCormick (Alternate) Lockhart Zika League of CA Cities Voting Delegate & Alternate League of CA Cities Legislative Delegate Program Livermore-Amador Valley Transit Authority JPA Lockhart/McCormick Howard Houston/Lockhart Zika (Alternate) Pleasanton City Liaison Committee Houston/Lockhart San Ramon City Liaison Committee Houston/Lockhart Tassajara Valley GPA/EIR Committee Transportation Committee 1-580/Hwy 84/Altamont Tri-Valley Affordable Housing Committee Tri-Valley Transportation Council Houston Houston Zika/McCormick (Alternate) LockhartYHouston (Alternate) Zone 7 Liaison Committee Houston/Lockhart CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING December 4, 1798 PAG£ 526 Cm. Zika questioned ff the DSRSD Water Task Force was st/Il in existence. The response was no, it is gone, so it could be eliminated from the list. Mayor Houston advised that some of the committees meet bi-weekly, some monthly, some as necessary. Cm. Lockhart advised that with regard to the Dublin Pride Week Committee, they are most active during February, and this is a very difficult time for her to participate. She asked that someone else help Cm. Howard on this committee. Cm. McCormick stated she would be happy to be on this one. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council confirmed the Mayor's appointments/assignments with changes as discussed and directed Staff to notify the appropriate agencies. PROCLAMATION 7:12 p.m. 3.4 (610-50) Mayor Houston read a Proclamation recogniz~g and expressing sincere appreciation to the Dublin Rotary Club for their years of civic, education and patriotic contributions and more specifically for the 15 members who worked cleaning up around the Dublin Heritage Center on November 21st. The Proclamation was presented to Karl Diekman. Mayor Houston stated the Dublin Chamber of Commerce worked very hard to supply him and the incoming Councilmembers with flowers and boutonnieres. He thanked Nancy Feeley and stated she would see them on TV tomorrow night. CiTY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1998 PAGE 527 7:14 p.m. Sue Rainey, Bay Laurel resident, asked ff there is an anti-ugly ordinance in Dublin. Mayor Houston responded yes we have an ordinance to provide for enforcement of our codes. Ms. Rainey asked about parking vehicles in front yards. Mayor Houston stated most are situations are covered in the vehicle code. Vehicles have to be moved every 72 hours and hence they are within the law. He has received many complaints over the years. He personally feels they are dangerous. Ms. Rainey stated she was referring to people who have cemented their front yards. Mayor Houston stated she could talk with Eddie Peabody related to the rules of where they are okay. About a year ago, we enacted rules regarding how many vehicles you can have. They cannot park on the lawn. She can report an instance and we will follow up. Ms. Rainey asked about Schaefer Ranch contributing money to widen Dublin Boulevard between Hansen and Silvergate. She questioned why just this block long length. Mayor Houston advised that this is an agendized item and her testimony/ questions would be more appropriate during that public hearing. CONSENT CALENDAR 7:17 p.m. Items 4.1 through 4.3 Cm. Lockhart pulled 4.2. CiTY COUNCIL MINUTES VOLUME 17 REGULAR MEETING December 1, 1 ~}98 PAGE 528 On motion of Mayor Houston, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of November 17, 1998 (Cm. McCormick and Cm. Zika abstained); Approved (4.3 300-40) the Warrant Register in the amount of $777,658.10. Cm~ Lockhart pulled Item 4.2 from the Consent Calendar for discussion. She asked with regard to the slope repair about the ruling from FEMA regarding any repayment. It is not included under the emergency funding, and she asked if there is an appeal process. Mr. Thompson stated we appealed it and it was denied, so this is the end of this. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council accepted (4.2 600-30) improvements under Contract 98-12, San Ramon Road Slope Repair and authorized payment to Golden Pacific Construction, Inc., for release of $8,346.65 retention after 35 days ff there are no subcontractor claims. PUBLIC HEARING PLANNED DEVELOPMENT (PD) DISTRICT REZONE FOR PROPERTY LOCATED AT 7197 VILLAGE PARKWAY PA 98-049 7:19 p.m. 6.1 (410-55) Mayor Houston opened the public hearing. Senior Planner Cirelli presented the Staff Report, discussed the Interim Zoning Ordinance and advised that this PD Rezone would establish community serving retail, office and service, and eating and drinking and entertainment establishments as permitted uses and drive-in and drive-through businesses, service stations, and automobile brokerage, rental, repairs and service and auto storage lots as prohibited uses on the prOperty. The rezone would also regulate setbacks, heights, parldng, landscaping and outdoor seating. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, t 998 PAGE 529 Ms. Cirelli advised that Staff met in late September with the prospective buyers of the 7197 Village Parkway property that are interested in constructing an approximate 11,000 square foot retail shopping center at the site with retail commercial uses, such as video rental store; small eating establishments; and cleaning business. These uses would be consistent with the proposed PD Zoning District land uses. At its meeting of November, 10, 1998, the Planning Commission adopted a Resolution recommending that the City Council approve the rezone. Ms. Cirelli discussed adjacent residential uses and mixed uses. She advised that Staff had obtained sufficient information for the project site to prepare a Development Plan that meets the requirements of both a Stage 1 and Stage 2 Development Plan. The details of the development relating to a site layout, building elevations, floor elevations and landscaping can be addressed through Site Development Review. In conclusion, Ms. Cirelli stated the proposed rezone for 7197 Village Parkway is consistent with the City's General Plan policies because the project will promote compatible commercial retail and office development within the Dublin downtown area. If the City Council approves the PD, Staff will return with an Ordinance to lift the moratorium at the time the PD becomes effective. Cm. Lockhart commented that on page 3 of Exhibit 1-A she noticed we have the entertainment issue. This also appears on page 2 under conditional uses. She was concerned about the title entertainment. This backs right up to a neighborhood that was pretty traumatized not too long ago by the Taco Bell situation. This is close to the homes. Mayor Houston asked about a defmition of what entertainment includes. Ms. Cirelli stated the City could request from a business to open a live entertainment caf6 or tavern of some sort. We could eliminate this wording so this potential could not occur. Cm. Lockhart stated she would rather see this on the prohibited list. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, ~ {)98 PAGE 530 Mayor Houston stated it could be on conditional uses. Entertainment has a lot to it; it could be poetry reading. Cm. Lockhart felt it is important to not give the impression that this could be easily accomplished. Conditional uses could be listed. Cm. Zika stated the things listed under this item don't strike him as entertainment. He agreed it could be a conditional use. He asked where the 10' setback line starts. Ms. Cirelli stated usually it is the back part of the sidewalk, but it would have to be surveyed. Cm. Zika expressed concern that if the building is high, is there enough visual room for motorists to see someone coming? This is not a very long distance. Ms. Cirelli stated the display was a general schematic plot plan to give applicants the type of layout we are looking for. These types of issues would be looked at in detail at the SDR level. Mayor Houston asked about the distance from the parking exit on the east side onto Amador Valley Boulevard. Ms. Cirelli stated she did not know this, but thought it is more than 50'. Cm. Zika stated if you put a building there, this may be misleading to someone as he felt it is too close to the sidewalk. People coming out of the parking lot might not be able to see traffic on Amador Valley Boulevard. Ms. Cirelli stated the layout was designed so that parking rather than a building is next to residential. This can be modified through a CUP ff it is minor enough. Mayor Houston stated he felt we need to look at the entire Village Parkway area. If we are trying to develop pedestrian oriented areas like neighboring cities, the buildings are definitely 10' or less from the street. This slows down traffic and is definitely more walkable. We need to look at the whole street soon so we can develop these ideas. The big thing is the City Council doesn't want automotive or drive-through there. CITY COUNCIL M~NUTES VOLUlViE ! 7 REGULAR MEETING December l, 1798 PAGE 531 Marjorie Labar, Juarez Lane clarified they are not looking for anymore drive- through anything on this side of Dublin. They are dangerous to people on foot and we really don't need anymore. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and continued the public hearing to the December 154 meeting. PUBLIC HEARING SCHAEFER RANCH DEVELOPMENT AGREEMENT PA 96-037 7:37 p.m. 6.2 (600-60) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and advised that this Development Agreement between the City of Dublin and Schaefer Heights Associates and Schaefer Heights Inc., is for the Schaefer Ranch project, consisting of up to 474 single-family residential units, a small commercial area and two parks. The DA provides security to developers that the City will not change its zoning and other laws applicable to the project for the 8 year term of the agreement, and allows the City to obtain commitments from the developer relating to issues such as improvements and fees. This is the second reading of the Ordinance. Approval of this agreement would provide for the improvement of portions of Dublin Boulevard, the reservation and potential dedication of a fire station site, and the purchase of property from the City for the extension of Dublin Boulevard. In summary, Mr. Carrington advised that this DA furthers the goals of the GP and Chapter 8.56 of the Municipal Code by requiring new development to fund the costs of its infrastructure and service. Cm. Zika commented that this project has been on the books for more than 4 years. He heard it when he was on the Planning Commission. His concern then CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1798 PAGE 532 and now is that the children go to Dublin schools. He asked what impact this agreement w/Il have. He stated he understands that the developer has an agreement with DUSD, but has not reached agreement with the Castro Valley school system. Can we put a date certain of when they must reach agreement with Castro Valley? They may wind up in the Castro Valley district at $1.93/sq. ff. City Attorney Silver discussed Proposition iA which passed in November and authorized issuance of bonds for school construction and which triggered SB 50 making changes to CA law that prior to election allowed City Council to impose a condition on projects to require developer to pay school impact fees over and above $1.93/sq. ft. When Schaefer was approved, the requirement was to pay over $1.93. The developer has entered into an agreement with DUSD and the passage of IA and SB 50 doesn't affect that agreement. They must pay additional school mitigation fees ff the property is in the Dublin district. However, it is currently in Castro Valley. The City and the developer entered into an agreement in August and it is her opinion that the developer will have to pay additional mitigation fees to the Castro Valley district also. The bottom line is the new law doesn't impact this project. Cm. Zika asked about the January 2000 date. Ms. Silver stated the new law says the City Council can no longer impose a condition on development over and above the statutory amount. There are exceptions. One is the agreement with Dublin Unified School District that the developer entered into in August, 1998, so the developer will have to pay the district the excess fees. Another exception is ff there is a condition that requires payment of excess fees, then this condition is valid. There is a condition in the agreement with the City (approved August 4, 1998) that the developer pay Castro Valley fees. The developer may not get a final map before January 2000. The August 4th agreement with the City provides that they will still pay the fees to the affected school district. This language obligates the developer to pay fees regardless of whether the final map is recorded before or after January 2000. The developer of this project will have to pay school mitigation fees. Cm. Zika stated this doesn't guarantee that they will be in the Dublin School District. He is concerned that nothing has happened with Castro Valley. He CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1998 PAGE 533 would like to have some kind of condition to give a date certain of when this has to be resolved. Ms. Silver stated the August agreement does require them to enter into an agreement with Castro Valley before the final map can be recorded. This is a date certain with respect to the project. Cm. Zika stated he felt things may get a little squishy ff their final map comes in after January 2000. Cm. Zika discussed the idea of the Dublin Blvd extension date must be completed by September 30, 1999, but understands there may be problem getting permits from some of the other agencies. The other date is September 30, 2000 for getting this completed. What is the penalty if they don't get this done? He suggested a penalty of withholding the issuance of certificates of occupancy if it is not completed. Mr. Ambrose stated without Dublin Boulevard, they only have one exit, so they couldn't get occupancy permits anyway. Sue Rainey, Bay Laurel asked why we are talking about widening only this one block area. Mr. Thompson explained that downstream from Hansen, it is already 4 lanes and this will extend it up to Silvergate. This came from a traffic study and all the traffic converges there. Ms. Rainey stated she did not feel two lanes up Dublin Boulevard to the hill is adequate. She asked about the traffic lights that were supposed to go in. Mr. Thompson discussed the timing for the signals. The one at Hansen and Dublin Boulevard will be under construction by mid-1999. Ms. RaJney asked if Dublin Boulevard could be 4 lanes all the way up? Schaefer would definitely benefit from this. CiTY COUNCIL IVllNUTES VOLUME 1 7 REGULAR MEETING December l, 1998 PAGE 534 Mr. Thompson stated there is another way out of Schaefer Ranch. They could go west to Eden Canyon. He did not feel there is room to widen this portion of Dublin Boulevard. Ms. Rainey asked if consideration has been given during the construction period. Mr. Thompson stated heavy trucks will not use Dublin Boulevard. They have to go the other way. They will do the major work in the summer when school is not in session. Ms. Rainey stated she was asked to read a letter from their committee dealing with traffic issues. They ask that the City postpone agreement until after the Christmas holidays have past. It is impossible at this time of year to have complete input from residents. The residents have been living in a hellatious situation with traffic problems. Traffic, health and safety issues should be looked at. They are attempting to resolve the issues and asked that any additional traffic influence be reviewed and analyzed. Their health and safety needs to supersede anything else. Wa_it until this can be discussed in full. They ask for a small fraction of time, thought and wisdom to ensure these qualities for Dublin's residents. The letter was written by Dr. Degad. They would like to see this not voted on tonight in order that everything can be considered. She was glad to hear about trucks having to go another way. Marjorie Labar stated she has been involved in one way or another on this project almost from its inception. She shares the traffic concerns and asked that they don't go through any unnecessary mass grading up to the church. This is not likely to really solve the problem. She would like to hear further from the traffic engineer and the developer on what the actual impacts will be. To go around or through the neighborhoods will exacerbate the problem. David Bewley, '11166 Brittany Lane expressed concern that later on we are talking about possible amendments to traffic policies to reduce traffic flow and to look at collector streets. He was concerned about 8 year period, but Section 6.58 indicates an 8 year minimum. His concern is ff there were any changes to the Ordinances or Codes that would impact this development, such as change in standards, would this DA supersede that? He would like to see some CITY COUNC]L MINUTES VOLUME 1 7 REGULAR MEETING December PAGE 535 discussion related to this. Perhaps this should be put off until another meeting to get more information. He asked ff this will definitely be in the DUSD. Mayor Houston stated this is the desire of everyone, but they have not been able to wrench this from the Castro Valley district. It is not that simple. There is a process of negotiation that must occur. David Bewley stated we should have no compromise on this. We should verify that this will be the case. Mr. Ambrose explained that the developer has a vesting tentative map and he has a right to develop under that map. The DA is voluntary and they have asked for an 8 year DA and the City has requested some conditions from the developer. We did a master traffic study for this area several years ago and we assessed responsibility to Schaefer, Hansen Hill, the church, etc. They were obligated to pay their fair share. In t_his agreement, we have required them to build the improvements at the front end of the project. This will help traffic flow for existing residents. We got financial remuneration for excess public right-of- way. Mayor Houston stated over the course of time, the other projects have paid into a pot for the ultimate improvements. Cm. Lockhart asked how long they have had their vesting tentative map. Mr. Peabody responded since August of this year. Robert Yohai representing Schaefer Ranch Development stated he had nothing further to add. He is available to answer any questions. The DA benefits the developer as well as the City. This has been discussed for a very long time. Mayor Houston asked about the possibility of a date for agreement with Castro Valley. Mr. Yohai stated the negotiations are just about firdshed with Castro Valley Unified. There has been a change of heart on their part and they are pretty much in agreement that children in this development should go to Dublin schools. They are working out the details. It should be done within a month or CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December l, 1998 PAGE 536 6 weeks. They will be doing a boundary line between districts and this may take 6 months. A year from now it should be a done deal. Mayor Houston closed the public hearing. Cm. McCormick asked about the implications for delaying this. Ms. Silver stated there is no requirement that it be done right now. Cm. Lockhart felt they all have the information and knows pretty much where we've been for a number of years on this project. She did not understand what it would help to delay for 2 weeks. We need to move forward and get these projects done. Mayor Houston stated he is happy with our tactic of construction of improvements upfront. Silvergate & Hansen work will benefit residents and he would like to see this done as quickly as possible. This is currently a 5 way stop. We need to get these improvements going and work around the school schedule. How do we make sure these improvements take place during the summer? To be completed, we need to get started in plenty of time. Mr. Ambrose stated we need to build in time frames in terms of design and Staff is certainly sensitive to this. Mr. Thompson read a condition that timing must be considered with the Valley Christian Center school schedule. Cm. Zika commented he had read that the average daily trips for Schaefer will be less than 500 trips per day. Mr. Thompson stated the loop street will be about 1800 to 2000 trips per day and the others will be less. Cm. Lockhart felt by doing the agreement, there will be help for the traffic up there. On motion of Cm. Lockhart, seconded by Cm. Howard, and by unanimous vote, the Council waived the reading and adopted C'ITY COUNCIL MINUTES VOLUME 1 7 REGULAR NIEETING December l, 1798 PAGE 537 ORDINANCE NO. 20 - 98 APPROVING THE DEVELOPMENT AGREEMENT FOR SCHAEFER RANCH PA 96-037 PUBLIC HEARING - PA 98-047 KOLL DUBLIN CORPORATE CENTER PLANNED DEVELOPMENT REZONE 8:16 p.m. 6.3 (450-30) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that Koll Development Company has requested approval of a Planned Development Rezoning for a 35 acre Corporate Office Center involving nearly 600,000 square feet of office space, with a site reserved for a future hotel (85,000 sq. ft.) and retail (14,000 sq. ft.). The project site is at the southwest corner of Tassajara Road and Dublin Boulevard. The property is bounded by Tassajara Road on the west, Dublin Boulevard on the north, and 1-580 on the south. The application includes a PD Rezone Development Plan, Vesting Tentative Map, and Site Development Review. A Development Agreement is also required prior to approval of the Final Map. Ms. Huston stated the project's Architect was present to answer any questions. Cm. Lockhart referenced page 9 that discusses the park & ride lot and the LAVTA bus stop that she noted was to be a minimum 60' long. Is this taking into consideration the extended buses? Ms. Huston stated they did consult with LAVTA for this site plan and they said it satisfies their uses. Cm. Lockhart asked with regard to page 12 Dougherty Road improvements item 6.6 that says improvements added as needed. She asked if Staff had any estimate of when these improvements will happen. CiTY COUNCIL MINUTES VOLUME 17 REGULAR MEETING December 1, 1998 PAGE 538 Mr. Thompson stated right now we are in the process of designing the widening and we can't add any dual left turn lanes yet. This year we will design and with next years program, those extra lanes could be put in. He clarified this year is 1998-99, so it will be during the next fiscal year, 1999-2000. Cm. Lockhart asked if the reference on page 15 item 7.2 is where we are still discussing the street, ex-Miller Court. Staff advised that this was correct, the "not" Miller Court street. Cm. Lockhart discussed Page 17 item 8.11 talks about utilities. She asked if we have any bite in this as to all these getting coordinated before paving. Can we absolutely demand this so we don't have to tear up new paving? Ms. Huston stated our requirements are they plan these improvements in order to avoid having to tear up a brand new paving job. Cm. Lockhart stated page 21 item 13.3 talks about the DUEs available and the number of connections available. Do we have an estimate of how many will be required at buildout. Ms. Huston stated this information would be available from DSRSD, but she did not have it. Mr. Ambrose stated they are allocated, but he was not sure what source it comes from. Cm. Lockhart commented that paragraph f on page 22 talks about landscaping and some of them being borderline sensitive to recycled water. Is this wise? We are making an effort to use recycled water there, so it should be plants that aren't sensitive. Ms. Huston stated we are identifying which are borderline so they can be used where potable water is used. Cm. Zika asked if the developer has given any consideration to setting aside a percentage for daycare? CiTY COUNCIL MINUTES VOLUME 17 REGULAR MEETING December 1, 1998 PAGE 539 Ms. Huston stated Staff had addressed this a couple of different ways. The developer has received requests from potential tenants to have some sort of daycare. Cm. Zika stated in looking at the berms, they are only 3 feet high. He was concerned about this. This will be one of the City's first big projects. When you come in, you will first see a parking lot. He would ask them to raise it to 6 or 8 feet so visitors don't see the tops of cars and trucks right away. This would be similar to what they have in Pleasanton at Hacienda that really nicely covers the parking lots. Ms. Huston stated the landscape plan shows a 3' berm and she did ask them to take a look at how they could increase this. They responded that they will take a look at ways of grading to provide a higher berm. In addition, one of the things that affects this situation is the site will be lower than some of the surrounding roads. It will be 3 or 4 feet lower than Tassajara Road and Dublin Boulevard as well. This may impact how you see parking on the site. Cm. Lockhart questioned if police might have problems patrolling if the berm is too high. Cm. Zika felt the Police Department from their standpoint would like to have just a flat parking lot. Mayor Houston stated he felt 3 feet may be low, but 8 feet sounded too high. Mr. Ambrose stated the freeway is elevated so even with an 8 foot high berm, you will still look down into the parking lot. Cm. Lockhart stated she liked the concern about daycare. Cm. McCormick stated in looking at the density, it shows a shortfall of campus office square feet. Ms. Huston stated the square footage for this site was slightly less than the Santa Rita chart but the total develOpment for Emerald Park is far below what the East Dublin Specific Plan allocated for this property. This site is above what CITY COUNCIL I'41NUTES VOLUFIE 1 7 REGULAR I'4EETING December 1, 1998 PAGE 540, they anticipated for this particular area, but the entire area is below. The overall is still consistent with the Specific Plan. Mike Parker, Senior Vice President and Partner for Koll here in the Bay Area, stated in this particular case, which was pointed out, they are bounded on all sides by streets. What they've attempted to do is look at a number of factors. Security is a factor. They were made aware early on that they must meet ff not exceed the ordinances. They have elected to enhance the drive in entrances and the entrance off Dublin Boulevard is enhanced by a 20 foot median and the same situation occurs off of Tassajara. He discussed what they want to do from an aesthetic standpoint. The freeway exposure is critical. They don't want to put a huge berm with a huge tree there. With the setbacks being 20 and 30 feet, to get to an 8 foot berm would be an engineering challenge. They are willing to look at other alternatives. Certain areas along Dublin Boulevard, they will be open to considering alternatives. Cm. Zika stated they have a chance to set the standard so let your conscience be your guide. He asked him to comment on daycare. Mr. Parker stated they will be looking at about 1,000 workers at full buildout. He doesn't know how this translates to daycare numbers, but they are discussing this with some large corporate users. It could be a conditional use. Mayor Houston asked about the site being 2 or 3 feet lower. Mr. Parker stated there is a hydraulic drain line on the southeast corner of the site. There is an invert that crosses Tassajara. Going below this would require lifting to drain the site. They have looked at several alternatives to raising or lowering the site to make sure it works from a hydraulic standpoint. There could be a range of 1 to 3 feet. Cm. Zika stated he just wanted to make sure when driving along Tassajara, you don't just see a sea of cars. Mayor Houston asked about the berms from the freeway. CITY COUNCIL lqlNUTES VOLUME 17 REGULAR lqEET~NG December PAG£ 541 Mr. Parker indicated they have shown them to be a minimum of 3 feet and there will be different types of elevations and shrubs. They will work on perfecting the balance as they submit their plans for Staff review. Marjorie Labar reiterated Cm. Zika's concern to include facilities for daycare for all future developments. If necessary, mandate on-site childcare facilities. This is a fact of life we need to address. This is much to the good of our economic balance as well. Also minimize landscaping that has to use potable water. Be careful with how we site bus stops. Many do not take into consideration the prevailing wind. Lighting is problematic for a woman alone after dark. Mayor Houston closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Zika, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance and scheduled the second public hearing for the December 15th meeting. DUBLIN RIDGELANDS VOTERS' VOICE INITIATIVE COMMITTEE STATUS REPORT 8:50 p.m. 7.1 (660-10) Cm. Lockhart presented her report and stated the subcommittee has been working on this for a couple of months. She explained the makeup of the group, being herself and Cm. Howard, proponents, Morgan King, David Bewley and John Anderson, a representative of the Community Development Department and a representative of the City Attorney's Office. The purpose, language and specific implications of the proposed initiative were thoroughly discussed. As a result of those discussions, the Initiative proponents have agreed to revisions to the Initiative language which more clearly represents their objective to require voter approval of any General Plan Amendment regarding urban uses in the Western Extended Planning Area. Cm. Lockhart stated in addition to the above stated objective, the Initiative proponents are requesting the City Council to initiate amendments to the City's GP which would accomplish the following: 1) Modify residential street traffic CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1778 PAGE 542 standards in the Circulation Element; and 2) Establish a Development Elevation Cap for the Western Extended Planning Area. Cm. Lockhart stated the proponents should be commended for their willingness to discuss and resolve many aspects of the proposed initiative with the Councilmembers on the Committee. She stated at this point, she felt the entire City Council should give specific direction to the Committee on the proponent's request and any future activity of the Committee. The proponents request that the City Council initiate a GPA study regarding traffic and elevation cap. If the City Council authorizes amendments, specific costs and other goals must be considered with a plan to be submitted at a future meeting. The request will probably require 3 or 4 months to complete and the Council will probably need to repriorit/ze other projects. Cm. Zika stated he was confused. Number one is study of average daily traffic on residential streets and secondly is elevation cap. Cm. Lockhart stated in going through the initiative language they wanted a vote of the public that would affect the GP, but what has come to light in trying to £md the wording is that these two issues have jumped to the forefront. The proponents want to study them before going forward with the initiative. This will require quite a bit of time and reprioritization on the part of Staff. Cm. Zika asked if we suspend all development during the period while we study this. Cm. Lockhart stated one commitment was by springtime, the language for the initiative would be together. Do we want to look at the GP and open it up and do these studies that will take 3 or 4 months? The City Council should discuss it and decide. Cm. Zika felt if things are going to have to be suspended, winter would be the proper time. If we go forward with the study, we should suspend all future permits. Cm. Lockhart felt it is important that this not just be projects that may come up in the Western Dublin Extended Planning Area. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1998 PAGE 543 Mayor Houston stated there are no pending projects. There are a lot of other fun projects coming up, and this will impact the processing and planning of some 15 capital projects in the City that Staff is working on. It would be realistic to say nothing in the western hills, and to say accepting no future projects there would be realistic. Mr. Ambrose stated Staff involved in this would be working on other projects. Contrary to popular belief, we are busier in the winter time so developers can get their projects going in the spring. Planners are as busy as ever. Staff would propose to come back with a list of what projects would be impacted. Mayor Houston felt the original idea was let's vote on everything in the western bills. By bringing in all these other issues, it will lengthen it out and take a lot of time. Let's just put it on the ballot and vote and get it over with. GP changes need to go back to the committee and be analyzed. The numbers need to be explored so we are talldng apples to apples. Cm. Zika felt this was two separate things. Do we want to put an elevation cap on the western bills and have vote on any development for the next 30 years. The traffic item is a different issue. He stated he saw no need to hold up elevation for a traffic study. Cm. McCormick stated she agreed with Cm. Zika. She felt it would be good to revisit the traffic issues, but this is two separate issues. She endorsed the initiative in the beginning and now throwing these things in is confusing. As far as elevation cap, she felt it is an entirely separate issue from this. She asked ff the committee had looked at the possibility of establishing an urban limit line and this would make the elevation cap moot. Cm. Lockhart stated the committee has not discussed this. They fine tuned the initiative regarding voting on anything affected by the GP and then these other two issues came up. They felt they needed the full City Council's direction. They felt this was something they should at least discuss. This seemed to be taking on a life of its own and this is why it is back at the Council. Cm. Zika stated he had no problem with 670', but sees this as two different items. Pleasanton's traffic counts may be figured differently than ours. Their CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December l, 1998 PAGE 544 sewer usage is different. For example, ours is 190 gallons per day and theirs is 390 gallons per day. Cm. Lockhart again stated the subcommittee just needs direction. Cm. Zika stated he felt we should just get on with the initiative process. A traffic study is a separate issue. Mayor Houston felt we need to make sure definitions and terms are all understood. It would be better if the City Council gets a report on the impacts of scheduling. They could then decide if new projects should be delayed. Staff could provide a realistic assessment. Let's separate these things. If we are to have a vote, go forward and we can study the other two issues. With the idea of an urban growth boundary, we must look at the impacts timewise and financially to the City. We have to look at the property owners and density transfers and easements we can use to work ~with the properties. Until the property is bought, there is no closure. There are lots of ways such as conservatory easements so everyone can have a win/win situation. There's plenty for the committee to talk about. Cm. Lockhart clarified they should look at original initiative and anything west of San Ramon Road would go to the people for a vote and should .separate the issue of traffic from that and make it something of its own. Secondly look at urban limit line and what impacts this will have and look at altematives in land planning for that area as to ways to purchase the land. The Council felt this was a separate issue. The first two seem straightforward and put us back on the track. An urban limit line brings up lots of other issues. With the initiative process, you don't have to have an EIR. They get signatures and then the City Council decides what they want to do. Cm. McCormick stated she sees the urban limit line as. part of the initiative. She felt they should consider looking at it with the initiative. Mayor Houston felt the brainstorming of ideas gives the committee something worthwhile to discuss. CITY COUNCIL MINUTES VOLUME t 7 REGULAR MEETING December 1, 1798 PAGE 545 Morgan King, 8348 Creekside Drive stated on behalf of the supporters of the initiative they thanked Staff for their participation in the committee process for the last 3 or 4 months. Eddie Peabody, Carol Cirelli, and Kit Faubion were commended for their professionalism and expertise. He also thanked Cm. Lockhart and Cm. Howard for the great deal of time spent on the committee. He thanked Dick Armstrong who comes in and observes, and Maria Carrasco who does the transcription for this. The Voters Initiative has two issues that were not prominently noticed; one was traffic and another was an elevation cap primarily for aesthetic reasons. They will begin the initiative process early in the spring and it will include traffic issues and an elevation cap. Whatever direction they go, they need to get the consensus of the developers in the western foothills. It is possible that they could do a voters voice initiative in the spring without traffic issues or elevation cap, but the current plan is to include these issues. If the people they represent support an urban growth boundary which would stop growth, this would certainly stop the traffic problem. They do not need to buy the property up there, in their opinion. They want to continue to include the City's participation and don't wish to create unnecessary problems for the City. They have repeatedly stated that they would be happy to talk to the property owners of the undeveloped property outside Dublin. So far they have not received any indication from them to discuss it. They would prefer to hear their concerns at a public meeting. David Bewley, one of the authors of the initiative, stated they feel they are making great headway. They are not making any statement about urban growth boundary lines. They want to follow what they call the Napa Model. It could be done many different ways. What put them here is to think out the ramifications. This is what percolated out of the process. Traffic is one of the things that came out. It has been a contentious issue over the last 10 years or so. They all deal with traffic and circulation issues. When you start t~lldng about this and say you want minimal impact, what does this really mean and how do you enforce it? They looked at different cities model levels and also slope consideration. If the language is vague, this isn't the way to do it. He felt 1,500 cars on a residential street is too high. You generally use 10 trips per household, so 74 homes would generate 740 trips. Roxanne Nielsen stated she spoke for 11 families who own land within the sphere of influence, now zoned for agricultural use. To develop would require a GPA after study and research and involvement. In the last 10 years, only 2 CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1 ~}98 PAGE 546 developments have been approved after going through this process. They support this process. A one size fits all regime penalizes the landowners. They are sensitive people and are willing to work within the process. Traffic and other site specific concerns would be addressed just as any project is scrutinized. The elevation cap would limit any potential of growth. Open space doesn't generate revenue in order for them to pay their taxes. Rather than a GPA or initiative - landowners have no vote in the City of Dublin. Bill Schaab, Brittany Lane questioned ridgeline building. Do we have this in Dublin? The school and church put a gym right on top of the hill. Also at the top of Hansen Hill, it appears there are homes right on top of the ridge. Hopefully, we will look at the merits of the plan rather than the height and consider what is the visual impact of some of these projects. Dublin Boulevard will be a mess. A lot of traffic will just get worse. Rory McClain, 8341 Creekside Drive referenced the point about landowners being concerned about a vote of the people. If it makes sense to the people, it will be approved. What's the problem? What would they have to fear ff the people of the City feel the project is good? Development on the ridgelands would affect not only neighbors, but the impact goes far beyond that little spot of land and impacts the entire population of Dublin and others. A vote of the people seems reasonable. Marjorie Labar stated she supports pulling out the traffic element with proviso that we look at traffic for the entire City. There are a number of areas in eastern Dublin that have the same potential for creating another Bay Laurel Drive and a mishmash mess. It would behoove us to be extremely careful to avoid making the same mistakes over and over again. If we are serious at looking at traffic loading throughout the City, she would accept cutting out the traffic standard provided we look seriously at amending the GP to avoid past mistakes. The State has developed a way for large landowners to avoid paying taxes by Williamson Act. We need to stop approving residential developments until we have more realistic traffic studies done. Sue Rainey stated she sympathized with the landowners. Unfortunately, they gave up some rights when they started selling it. People living there want to have some say in what it does to the environment. She did not agree that the traffic issue should be taken out of the initiative. If some new development CITY COUNCIL MINUTES VOLUI'4E 1 7 REGULAR MEETING December !, 1998 PAGE 547 should be voted in and the traffic issue is not a part of it, we will have the same problems we have now. When she moved in, she was told one thing and then gets in and it's something different and now she is stuck. She is unhappy with everyone who did not make this clear to them. We need to be more concerned with the quality of life for our citizens. Unfortunately, traffic seems to be the biggest problem. When you move into a new development, what you see and hear is sometimes different than what actually happens. Some type of a traffic thing should be included or consideration taken into account for added traffic. They have way more than what should be there. She is for the initiative and for the people and for improving the quality of life. John Anderson, one of the proponents stated this is an unusual circumstance. Usually an initiative is taken directly to the people. They are breaking ground here. This initiative is nothing more than a democratic solution to some of the issues they face. The majority will get to rule on whether the development goes forward or not. There is no real doubt that we need to look at traffic issues. How long this takes will obviously impact the initiative. We need to have some idea of when these issues will come to the surface and be resolved and then they can decided when to move forward with the initiative. This is not a taking of any land but simply an extension of the democratic right to vote. George Williams 11757 Casa Linda Court was concerned that the initiative process is being abused. We have a planning staff and a City Council that receives and processes information from the developer and these are democratic processes. If some of the standards used in this process need to be reviewed, those need to be addressed outside an initiative process because we have a GP that is accepted throughout Dublin. We should not extract out some areas and include others. If it's Dublin and it's in the GP, let's abide by that. The City Council sets the policy and it's the GP. Negotiations are worked out all the time, but for someone to stop growth, this is a taking of property. What has to happen there is a process that's established and we've accepted this in the City and there's a process for a developer to pay for studies, engineering, etc. The process that is established is the democratic process. The City Council is elected to see to it that policies are enforced. Next time, maybe we will have an initiative because we want a stop sign somewhere. This is the way a General Law City operates. Stopping growth is not the right way to increase values. CI'TY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December ~1, 1998 PAGE 548 Richard Guarantion, Rhoda Avenue, spoke about prospective on what he would like to see in the next century and that is to protect open space. As we develop this valley, we will treasure the hills. In Europe, you hike through a landowner's property. Think about the vision of how we can have a win/win situation for the landowners and the future. What are we going to do 20, 30 or 50 years from now? He has been up to Schaefer Ranch and they've done a great job on fitting it in, even though he would prefer that it not be developed. What will our kids and grandkids have for open space? He worked with developing the City Park. He hopes we will have a regional park that he can walk to. Mark Ferguson, Eden Canyon Road stated his mother is a property owner there. They don't like the initiative because they can't vote for any Councilmember. There is a lot of country that is buildable and not a car would come into the City of Dublin. This is all about an open space initiative. To say this is democratic is not true. They don't want to take their property; they just want to be big brother and say what they can and can't do. It is a lot of effort to own and maintain property, but it should be up to them to decide. Some of the property may fit in with Castro Valley. He likes the idea of compensation. Maybe long term leases could be considered. This will be litigated and it will not be a m/win situation. Some developers are winning litigation from cities because they are not able to develop. Traffic is a problem not only in Dublin, but the entire Bay Area. The whole thing needs to be looked at a little more openly, Emmett King, 11460 Rothschild Place stated they've gone over this thing before. He only learned about this meeting tonight at 7 p.m. He asked if a person can get on a list of when they're having special meetings. Mayor Houston explained the number of ways they can be informed. Agendas are posted 72 hours before a meeting. Mr. Ambrose stated he could be put on the agenda mailing list. He should contact the City Clerk's Office. Mr. King stated every time he comes into Dublin, he must go down Rolling Hills and it is steep and winding and you have to ride your brakes all the way down. This is something to be considered. Speaking about 700' levels, this is just a smokescreen. The hills can be cut down to whatever size you want it in a very short time. This is a farce. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December l, 1998 PAGE 549 Leonard Valvo, Creekside Drive expressed concern about the sulfttr deposit up in the bills. When it rains in the winter time, the smell is more pronounced. If there is further development in the bills and the sulfur deposit is stirred up, it might be a lot worse than just a few houses. Do we have any recourse? Who do we complain to? Mr. Fields, one of the landowners questioned why we are restricting them down to 30 years. He told Cm. Lockhart what they have in mind. People like open space and he likes open space himself. He does want to be compensated for the view. His family would use their land that way and keep it open. Someday you may need to develop. They are in a bowl and you can't see it from anywhere in Dublin. He would like to take the City Council for a ride over there. They did not get a chance to talk to the 3 fellows who put the initiative together. They should not be treated the way they are. The west side is being shut off. Leave them alone. He distributed a paper to the Council. No copy was provided to the City Clerk for inclusion in the record. Gus Wojke, 11470 Silvergate Drive, Dublin, submitted a written comment, ~OPOSE (sic) ANY WESTERN DUBLIN GROWTH" Mayor Houston stated the meetings are open and anyone can attend and comment. Mayor Houston summarized that the committee will continue working. Cm. Lockhart reiterated the fact that the meetings are open to the public and advertised. They do want input from the landowners and the 3 proponents are willing to sit down and talk with everyone. The initiative process is allowed in the State of CA and everyone may not have the same ideas. They are under no obligation to come to the City and look at the impacts. A lot of people feel very protective about the ridgeline. They have chosen to go through this process and give people a chance to consider their point of view. Their openness is appreciated. We have come a long way in understanding everyone's rights. Sometimes the issues collide. We're worldng toward some type of compromise that works for everybody. She invited everyone to please come to the meetings. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1998 PAGE 550 OTHER BUSINESS 10:05 Upcoming Meetings (610-05) Mr. Ambrose advised of a tentative School District liaison meeting to be held on December 12m at 5 p.m., at the district office. Mr. Ambrose reminded everyone of the tree lighting event on Thursday evening at 6:30 p.m. Unfortunately, all the holiday lights will not be on the Civic Center due to the roof replacement project which is not yet completed. Mr. Ambrose reminded everyone of the employee recognition dinner at the Shannon Community Center on December 4m. CTV 30 Live Call-In Show (1050-50) Mr. Ambrose advised the Council that CTV 30 would like to schedule a live call- in show and tentative dates are December 14th, January 12th or January 26th. The Council determined that the December date would definitely be out. By consensus, the Council agreed to a date of January 26th for the live call-in show. New Councilmember Comments (610-05) Cm. McCormick stated she was glad to be here and looks forward to working with everyone. She thanked all her family and friends. Cm. Howard welcomed Cm. Zika and Cm. McCormick. Cm. Zika thanked those that voted for him and those that didn't, he stated he hopes to earn their confidence during the next 4 years. CITY COUNCIL MINUTES VOLUME 1 7 REGULAR MEETING December 1, 1998 PAGE 551