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HomeMy WebLinkAboutItem 4.01 Draft Minutes 10-6-98 . REGl1LAR :\IEETI:\G - October 6.1998 A regular meeting of the Dublin City Council was held on Tuesday, October 6, 1998, in the COlUlCil Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Houston. .... ROLL CALL .... .... PRESENT: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston. ABSENT: None. ... PLEDGE OF ALLEGIANCE Adam Harris, Keean Hood, Patrick Lunberg, Billy Shoewing, and Andrew Burgess from Den 4 of Pack 930 led the Council, Staff and those present in the pledge of allegiance to the flag. . .. INTRODUCTION OF NEW EMPLOYEE 7:06 p.m. 3.1 (700-10) Chief of Police Thuman introduced new Dublin Police Services Deputy James Horton. Deputy Horton indicated he was looking forward to serving the Dublin community. He only has 26 more years until he retires and he hopes to serve it here in Dublin. .. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 6,1998 PAGE 444 ITEM NO. ~ -} . PROCLAMA TION 7:08 p.m. 3.2 (610-50) Mayor Houston read a proclamation declaring October 1998, Crime Prevention Month in the City of Dublin and urged all citizens; government agencies, public and private institutions, and businesses to invest in the power of prevention and work together for the common good. Chief of Police Thuman received the proclamation and expressed his thank you to the community. TIns is a wonderful community to live and work in. He has been in law enforcement for 29 years spending the last 2 years in DlJblin. There is a spirit of cooperation in the community that is like a breathe of fresh air. +. 7:12 p.m. Recvcling (810-60) Mark Dorazio, 80 Cedar Pointe Loop, # 1409, San Ramon, indicated Ins concern regarding recycling. Cardboard was not being recycled by the commercial properties in Dublin, but being placed in the bins with the regular garbage. The recycling bin at Shannon Center was not being used. He had tied a piece of thread to the bin in May and it had not been broken when he checked in September. Recycling bins at Arbor Creek were not properly labeled. -+- Discretionary Funding Issue (470-50) Tom Benigno, 6546 Cottonwood Circle, Dublin, wanted to reduce problems before they happened. He was concerned about the discretionary funding issue and the Ridgelands Issue. .' Mayor Houston indicated both items were on the agenda and Mr. Benigno should speak at that time. ... CITY COUNCIL MINUTES VOLUME 17 REGULAR tvrEETING October 6, 1998 PAGE 445 . . . . . . Truck Parking Problem (570-30) George Zika, 8046 Peppertree Road, Dublin, expressed his concern about Viking Freight parking its trucks on the Copeland's site. He asked if they had a use permit? City Manager Ambrose indicated that Staff would investigate. .. CLOSED SESSION .... .... 10.1 (640-30) At 7:20 p.m., the Council recessed to a closed session to consult with Legal Counsel regarding Anticipated Litigation - Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - One potential case. REPORT ON CLOSED SESSION ACTION 7:25 p.m. Mayor Houston announced that no action was taken. The public meeting was reconvened with all Councilmembers present. ... CONSENT CALENDAR. 7:25 p.m. Items 4.1 through 4.9 On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of September 15, 1998; Approved (4.2 600-30) an additional appropriation of $30,773 from unallocated reserves and adopted CITY COUNCIL MINUTES VOLUHE 17 REGULAR Iv'fEETING O.ctober 6,1998 PAGE 446 RESOLVTIO~ :\0. I4-t. - 98 . .-\ \VARDI:'\G CONTRACT 98-03A CIVIC CE:\TER RE-ROOF, PHASE I TO B.ll.R. SERVICES, [i\C. (590,260) Adopted (4.3 350-20) RESOLUTIO:\: ;\0. 145 - 98 - A \VARDI:\G PCRCtIASE ORDER FOR STREET BA~NER REPLACE:\fE;\lT TO SIERRA DISPLAY, Il\'C. ($8,218.02) Accepted (4.4 350-20) work perfonned under Project #98-10, Civic Center Fountain Pump Replacement by Paco Pumps and authorized $9,955.49 payment; (em. BaInes indicated that the fountain looked lovely.) Authorized (4.5 600-30) the Mayor to execute an agreement with Hausrath Economics Group (not to exceed $7,450) for preparation of a revision to the Public Facilities Fee Justification Study and approved the Budget Change Form; . Accepted (4.6 600-30) improvements under Contract 98-09, Shannon Park Subdrain; authorized $15,661.80 payment to GradeTech, Inc., for the final invoice and release of the 10% retention ($1,740.20) after 35 days; Accepted (4. '7 600.:-30) improvements under Contract 98-08, Shannon Park Pedestrian Path; authorized $7,015.88 payment to W. T. Cook Construction for the final invoice and to release retention of$779.54 after 35 days; Received (4.8 330-50) the Preliminary Financial Report for the Month of August, 1998; ." Approved (4.9 300-40) the Warrant Register in the amount of $874,058.60. ... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 6, 1998 PAGE 447 . . WRITTEN COl\1MUNICATION FROl\1 EAST BAY REGIONAL PARK DISTRICT REQUESTING CITY SUPPORT FOR A GRANT APPLICATION RELATED TO THE ACQUISITION OF OPEN SPACE IN THE WESTERN DUBLIN HILLS 7:26 p.m. 5.1 (920-80) City Manager Ambrose advised that the East Bay Regional Park District is requesting support for the District's proposal to acquire 306 acres of land located on Skyline Ridge located west of the City of Dublin's current City limits. This land currently belongs to Scott and John Machado. There will be no cost impact 'On the CitY for supporting this request. The acquisition of the Machado property by the District would substantially lengthen the trail corridor along Donlon Ridge. Marjorie Labar, 11707 Juarez Lane, Dublin, felt this was an important position in the link. She was glad Mr. Machado was willing to sell. If the community wanted permanent Open Space, most land will need to be purchased. She thanked tile Council for supporting tins grant application. . David Bewley, 11166 Brittany Lane, Dublin, felt this was an excellent concept and fitted with the General Plan. It was being done with free money. Tom Ford, 7262 Tina Place, Dublin, supported the effort to get a grant. He indicated that Pleasanton's property values are higher. He felt lack of amenities was why Dublin's property values are lower. We need more open space. Cm. Burton stated this was the way it should be done. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council authorized the Mayor to send a letter supporting the EBRPD's Grant Application for the acquisition of 306-acres located on Skyline Ridge west of the current City boundary. .. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING O.ctober 6, 1998 PAGE 448 . PUBLIC HEARING T ASSAJARA l\IEADOWS RESIDENTIAL DEVELOPMENT P A 98-035 . 7:37p.m. 6.1 (450-30) Mayor Houston opened the public hearing. Associate Planner Huston presented the Staff Report and advised that tIns application involves a request by Mission Peaks Hqp1es for City Council approval of a Planned Development Rezoning and Development Plan for a 95-lot s_ubdivision on an 11.7 -acre site at tIle northwest comer of Tassajara Road and Gleason Drive. The site is designated for medium density residential in the Eastern Dublin Specific Plan. There are a variety of floor plans and eight color schemes. It is adjacent to Tassajara Creek and the future City Park. It has an attractive design, is practical, and is an appropriate project for the site. Cm. Burton asked how this project was related to the Casterson property? Ms. Huston indicated they were different projects under separate ownerslnp, but they both would be built by phasing. . Cm. Burton asked if one contractor would build all the houses in phases. Ms. Huston indicated that was true. Gary ???? of western Dublin, asked if this was medium density, what was high density? There was no open space in the area. He asked about what they were doing for schools in the area. He stated they couldn't get one more house in there if they tried. He urged the Council to reconsider this project. Where were the kids going to play, out in the street? It looked too high in density. Sue Rainey asked if she had heard right, were the lots 70' by 45'? That's 3,150 sq. ft. lots. .- She has lived in houses bigger than these lots. Where are the children going to go? She felt the project should be rethought. She thought it looked liked low income housing. She didn't believe this project was beneficial to Dublin. CITY COUNCIL MINUTES VOLUME 17 REG U LAR tv'iEETING October 6, 1998 PAGE 449 . . Ordinance to approve the Planned Development Rezone & Development PlanlDistrict Planned Development Plan and scheduled the second reading of the Ordinance for the October 20, 1998 City Council meeting. ... PUBLIC HEARING - ADJUSTMENTS OF FEES FOR FUTURE DEVELOPMENT WITHIN THE CITY OF DUBLIN 7:46 p.m. 6.2 (390-20) - "';.. Mayor Houston opened the public hearing. . City Attorney Silver advised that since 1995, the City has adopted fees to pay for the impacts of new development on fire facilities, circulation, and public facilities and as adopted, these fees do not provide any mechanism to allow them to be adjusted to keep pace with inflation. This proposed Resolution would express the City's intent to modify these fees by annually adjusting them based on the Construction Cost Index for the San Francisco Bay Area (CCI) and the Land Index. Developers and others will thus be put on notice that the City Council is in the process of adopting an inflation adjustment for the fees. If the Council adopts the Resolution, Staff will begin preparing the resolutions and supporting materials by which the City may impose these contemplated inflation adjustments. Cm. Burton asked if this was including the land cost or did he misread it? Ms. Silver indicated it would use the construction cost index for construction and the land index for the land necessary to acquire. They needed a way for the land cost to keep up with inflation in land values. They were assuming the percentage would be the same for the second year and the third year they might do an appraisal. . Cm. Lockhart asked if that meant another increase could not be made until an appraisal was done. Cm. Burton asked what percentage of the fees was based on square footage of area vs. valuation? Building permits are based on valuation. . CITY COUNCIL MINUTES VOLUHE 17 REG U LAR tv1EETING October 6, 1998 PAGE 451 Mayor Houston stated there was open space. He asked Staff if there was an overhead of . the entire eastern area showing the open space and Community Park? He indicated that all these things are addressed. Ms. Huston indicated there was not an overhead of all the area available tonight. Mr. Ambrose stated there is a 56 acre City Park just across Gleason Drive. Mayor Houston asked where the elementary school was located? Ms. Huston responded within the Dublin Ranch ~oject acro'ss Tassajara Road. em. Burton stated we hear about the need for affordable housing, but the problem happens due to so many fees. The cost was $100,000 per lot due to fees so lots have to be smaller. There are zero line lots in west Dublin that have been well received and they have less side yards. He felt it was a good project. This project would not cost the existing west Dublin residents anything. All new infrastructure fees for schools, fire department, parks, and roads have to be paid by the developers. It is a different set of rules now. It is hard to build houses in an affordable range with all the fees. The City is trying to develop jobs and . housing together. Cm. Barnes asked Staff to provide an overall map at the next meeting so everyone could see the total picture. They need to see the total picture. The Council is trying to provide many different product types for many different people. Some people don't want large lots. Cm. Lockhart agreed with Cm. Barnes in that the City is trying to accommodate lots of different living styles. Some people do not want a view. This project is a good starter. There is not a lot of yard work and upkeep. There are buyers out there for this type of product. It gives our kids an opportunity to buy a starter place to live in. She did not feel it was bad to mix types of housing. It provides housing at a lower cost to bring others into the community. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance amending the Dublin Zoning CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING October 6, 1998 PAGE 450 . . . . Mayor Houston stated there was open space. He asked Staff if there was an overhead of the entire eastern area showing the open space and Community Park? He indicated that all these things are addressed. Ms. Huston indicated there was not an overhead of all the area available tonight. ~. Ambrose stated there is a 56 acre City Park just across Gleason Drive. Mayor Houston asked where the elementary school was located? .... . Ms. Huston responded within the Dublin Ranch Project across Tassajara Road. Cm. Burton stated we hear about the need for affordable housing, but the problem happens due to so many fees. The cost was $100,000 per lot due to fees so lots have to be smaller. There are zero line lots in west Dublin that have been well received and they have less side yards. He felt it was a good project. This project would not cost the existing west Dublin residents anything. All new infrastructure fees for schools, fire department, parks, and roads have to be paid by the developers. It is a different set of rules now. It is hard to build houses in an affordable range with all the fees. The City is trying to develop jobs and housing together. Cm. Barnes asked Staff to provide an overall map at the next meeting so everyone could see the total picture. They need to see the total picture. The Council is trying to provide many different product types for many different people. Some people don't want large lots. Cm. Lockhart agreed with Cm. Barnes in that the City is trying to accommodate lots of different living styles. Some people do not want a view. This project is a good starter. There is not a lot of yard work and upkeep. There are buyers out there for this type of product. It gives our kids an opportunity to buy a starter place to live in. She did not feel it was bad to mix types of housing. It provides housing at a lower cost to bring others into the community. Mayor Houston closed the public hearing. On motion of Cm. Burton, seconded by Cm. Lockhart, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance amending the Dublin Zoning CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 6, 1998 PAGE 4.50 Ordinance to approve the Planned Development Rezone & Development Plan/District . Planned Development Plan and scheduled the second reading of the Ordinance for the October 20, 1998 City Council meeting. .... PUBLIC HEARING - ADJUSTMENTS OF FEES FOR FUTURE DEVELOPMENT WITHIN THE CITY OF DUBLIN 7:46 p.m. 6.2 (390-20) Mayor Houston opened the public hearing. City Attorney Silver advised that since 1995, the City has adopted fees to pay for the impacts of new development on fire facilities, circulation, and public facilities and as adopted, these fees do not provide any mechanism to allow them to be adjusted to keep pace with inflation. Tills proposed Resolution would express the City's intent to modify these fees by annually adjusting them based on the Construction Cost Index for the San Francisco Bay Area (CCI) and the Land Index. Developers and others will thus be put on notice that the City Council is in the process of adopting an inflation adjustment for the fees. . If the Council adopts the Resolution, Staff will begin preparing the resolutions and supporting materials by which the City may impose these contemplated inflation adjustments. Cm. Burton asked if this was including the land cost or did he misread it? Ms. Silver indicated it would use the construction cost index for construction and the land index for the land necessary to acquire. They needed a way for the land cost to keep up with inflation in land values. They were assuming the percentage would be the same for the second year and the third year they might do an appraisal. . Cm. Lockhart asked if that meant another increase could not be made until an appraisal was done. Cm. Burton asked what percentage of the fees was based on square footage of area vs. valuation? Building permits are based on valuation. CITY COUNCIL MINUTES VOLUHE 17 REG U LAR tv'iEETING October 6, 1998 PAGE 451 . . Mr. Ambrose responded that the fee varies depending on the type of fee and the location of the land. Land costs are escalating quite a bit. There has to be enough fees to buy the land for roads and parks that are not dedicated. Ms. Silver also indicated it varies for fire impact fees and traffic impact fees. Mayor Houston closed the public hearing. On motion of Cm. Lockhart, seconded by Cm. Burton, and by unanimous vote, the Council adopted "0 RESOLl;TION :\1::>. 146 - 9:8 EXPRESSING THE CITY~S INTENT TO ADJVST FIRE FACILITIES, TRAFFIC I\IPACT Ai\D Pl~BLIC DEVELOP;\IE:\T FEES ... . PUBLIC HEARING - ZONING ORDINANCE AMENDMENT TO CHAPTER 8.136 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) RELATING TO APPEALS PA 98-052 7:53 p. m. 6.3 (450-20) Mayor Houston opened the public hearing. Senior Planner Carrington presented the Staff Report and advised that this item is for the Council to consider changes to the Appeals Procedure of the Zoning Ordinance to allow a City Councilmember to appeal an action of the Zoning Administrator, Community Development Director and Planning Commission, and to make nlinor amendments to other appeal procedures. < Mr. Carrington discussed changes to various sections of Chapter 8.136 of the Zoning Ordinance. Now a person has 90 days. The change would be to hear the appeal within 45 days and take action within 75 days. CITY COUNCIL MINUTES VOLUME 17 REGU LAR lViEETING October 6, 1998 PAGE 452 . Mr. Carrington stated with regard to Section 8.136.040.B. Permit and Hearing Actions, . Staff proposed revised language that stated that no inference of bias would be made because of an appeal by a City Councilmember of an action of the Zoning Administrator, Community Development Director and Planning Commission. On the basis of that lack of bias, the City Councilmember would not have been disqualified from voting at the appeal hearing. The Planning Commission at its September 22, 1998 public hearing on tills matter, voted to add language to this section stating, "Th_e City Councilmember appealing an item shall be disqualifiedfrom the appeal hearing. " Staffrecq~ends t~at the City Councilmember appealing an item should not be disqualified from the appeal'hearing. Cm. Burton said we have had experience where one of our Councihnembers couldn't make the appeal and present the case. Cm. Barnes stated she was really surprised with the Planning Commission taking that person out of the discussion. She felt a Councilmember is still a member of the community. She wanted the public to realize that if a Councilmember files an appeal, they are stopped from doing any investigation on their own, they can't visit the site, and they can't talk to anyone about the appeal. They come to the Council meeting and act in a quasi-juridical manner; i.e. they listen to the testimony and then they vote. It is a very serious duty. . Cm. Lockhart felt the City should not take away the elected person's rights if they felt a second look was needed. Mayor Houston closed the public hearing. On motion of em. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council waived the reading and INTRODUCED the Ordinance amending Chapter 8.136 of the Dublin Municipal Code and scheduled the second reading of the Ordinance for the City Council meeting of October 20, 1998. .... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING dctober6,1998 PAGE 453 . . REIMBURSEMENT AGREEMENT WITH THE CITY OF PLEASANTON FOR 1-580 INTERCHANGES 8:01p.m. 7.1 (600-40) City Manager Ambrose presented the Staff Report and advised that tIus agreement will facilitate the transfer of approximately $7,384,000 plus interest, from fees collected from development within the Eastern Dublin -General Plan Area. These fees will be used to repay the City of Pleasant on for Pleasanton's advancing costs over and above its fair share of the construction of interchanges on I-580 at Hacienda Drive and Santa Rita RoadlTassajara Road. This agreement will resolve a long standingissue betWeen Dublin and Pleasanton and will provide the framework for future cooperation between both Cities regarding the future improvement ofI-580. The City of Pleasant on adopted this agreement at their August 15th Council meeting. Cm. Burton felt the $7 million figure would scare some people. He explained that tlus was to pay Pleasanton back for building the interchanges. . Mr. Ambrose indicated in 1989 the City of Dublin committed to pay its fair share, wl1ich is $7.4 million. em. Burton asked if the City had received any money from the developers yet? Mr. Ambrose responded that yes, the City has been collecting money. Mayor Houston explained that this would fulfill Dublin's commitment. In 1996 a Liaison Committee was formed with Kay Ayala and Sharrell Michelotti representing Pleasanton. He wanted to thank them for helping to bring about this winlwin situation. Cm. Lockhart agreed Sharrell Michelotti and Kay Ayala were very helpful. She felt this is a historical moment. For years the two cities couldn't agree on how to pay Pleasanton back. ," This Liaison Committee worked hard to restore the trust between the two communities. There was a good chemistry. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING O'ctober 6, 1998 PAGE 454 . On motion of Cm. Lockhart, seconded by Cm. Barnes, and by unanimous vote, the Council . approved the agreement and authorized the Mayor to execute and directed Staff to prepare a revision to the existing Freeway Interchange Fee Resolution NO.1 1 -96. .. DRAFT DUBLIN RIDGE LANDS VOTERS' VOICE INITIATIVE 8:10 p. m. 8.1 (420-10) City Attorney Silver advised that Morgan King has sent Staff a letter requesting that the City Council authorize Staff to engage in direct communication with the authors of the draft Dublin Ridgelands Voters' Voice Initiative for purposes of identifying and resolving unintended problems with the initiative and that the City Council appoint a committee comprised of Councilmembers and City Staff to meet with initiative proponents to explore whether the City should adopt the initiative into law rather than calling an election. The proposed committee would be subject to the Brown Act. City Attorney Silver advised that Councilmember Lockhart requested at the Council's September 15th meeting that Staff prepare an analysis of th~ draft initiative. . The proponents have not yet begun the formal process of circulating the initiative. The process requires the proponents to file with the City Clerk a notice of intent to circulate the initiative. The City Attorney must then prepare a title and summary. The proponents then publish the notice, title and summary, and may then begin to collect signatures. If sufficient "prima facie" signatures are obtained (within a 6-month period), the City Clerk will verify the signatures. If there are sufficient valid signatures, the Council must either adopt the proposed ordinance (exactly as written), or call an election and submit the proposed ordinance to the electorate. The initiative, if adopted, would require that for the next 30 years, all future proposals for constructing new development, or to permanently extend utilities or services in the Western , Dublin Extended Planning Area would need to be approved by Dublin voters. The initiative makes an exception to allow agricultural or open space recreational uses in order to encourage the preservation of natural habitat, oak woodlands, creeks, etc., and uses that are necessary for public health and safety. In addition, an elevation cap is established limiting any development that needs to be approved to avoid an unconstitutional taking of private CITY COUNCIL MINUTES VOLUME 17 REGULAR HEETING October 6, 1998 PAGE 455 . . property to no higher than 670'. The initiative would apply to the Western Extended Planning Area beyond the City limits, but within the Sphere of Influence. If that area is annexed to the City, the initiative would govern land uses in that area. Ms. Silver indicated that the City Manager had received another letter from Morgan King with some changes to the initiative, but Staff has not had an opportunity to review the changes. Mayor Houston indicated he was in favqr of appointing a subcommittee with Cm. Howard and em. Lockhart representing the Couricil. He 'Yould like the subcommittee to bring a schedule back to the next Council meeting. .... . Cm. Lockhart felt the sooner the subcommittee got started the sooner communication could be developed to see where everyone stood. Morgan King stated he wanted the Council to authorize Staff to talk to them on the phone to answer their questions. . Mayor Houston felt the first step was to get all the parties together in person rather than being on the phone. It is going to require consensus of the citizens, Staff and the Council to get it going in the right direction. He was not in favor of haphazard communication, but wanted it proper and formalized. Ms. Silver indicated the Brown Act would apply to tills committee. If members met by themselves not as a committee, it would not be under the Brown Act Mayor Houston stated the Brown Act for elected officials required that three people can't talk and agree before hand about an issue. When there is an ad hoc committee, how does that work? Ms. Silver said the meetings would have to be noticed. They should only talk about the . subject at hand at the meeting. Two members ofa committee can talk to each other, but they can't talk to a third member of the committee. They may also talk to other people not on the committee. CITY COUNCIL MINUTES VOLUME 17 REGU LAR tv'fEETING October 6, 1998 PAGE 456 . Mr. King felt this would take a cumbersome amount of time and wanted the Council to . authorize Staff to discuss informally with them as they worked on the language for the initiative. He wanted to thank Staff for their help. The initiative was ready to go but they were willing to hold off. He was concerned that the committee will take too much time, possibly weeks. His goal was to have a process to polish up and get the final language and create something wmch is mutually acceptable. . Mayor Houston stated it has to be done in a public forum. It may take longer. If their group has to file its initiative, then so be it. Dq what you have to do. But let's meet and be serious. As far as the City Council was concerneck it must be done in a public way, not,in a haphazard way with phone calls. Cm. Lockhart felt it was important for everyone to hear what the initiative involves. She wanted to get it going and get it done fast. They did not want to interrupt the proponents' time line for the initiative. She encouraged getting a timeline and expediting as soon as possible. Mr. King stated his group wanted to file on October 12th. Tom Benigno, 6546 Cottonwood Circle, Dublin, stated he was here as a citizen's advocate. . He didn't understand why they were trying to stop development for 30 years. Houses up there would be in the $700,000 range, wmch would help the value of their houses. He had talked to Mr. Nielsen and other people in the area and he felt tIns was premature. He wanted Staff to look at it and reappraise it every year. He didn't feel it was right to say you can't build for thirty years. He felt the City has done a great job. TIley have come a long way. Don't shut it down. Mayor Houston explained this is why there should be a subcommittee. People have different perspectives and different views. He wanted people to come together and create something everyone can be proud of. , Cm. Burton stated this will be public meetings people can attend and express their thoughts. Tom Ford, 7262 Tina Place, Dublin, felt this was a democratic, fair initiative. He indicated that he was a member of P ARC, Preserve Our Ridgelands Committee, a California non- profit organization dedicated to preserving space for parks and open space. He is familiar CITY COUNCIL MINUTES VOLUME 17 REC!ULAR HEETING October 6, 1998 PAGE 457 . . with the contents of the initiative and PARC supports it. He believes it is the right control for tlns situation. He urged the Council to fully cooperate in this effort. Dave Bewley, co-author of initiative, stated what they have done tonight is unusual. We all live here. There will be diverse opinions, but we want to do what is best for Dublin. They wanted to give the voters the right to vote on prezone, not to stop development. An Urban Growth Boundary would be a legal way to s~op development. This is about a voters initiative. He felt the public forum is a great idea. It would be beneficial to all so tlley can communicate. There needs to be dialo~e about what is going on in the hills. It needs to be done in a timely fashion. He wanted to move fo~ard. Marjorie Labar, 11707 Juarez Lane, Dublin, indicated that she has stood in this same place and talked over a 100 times since 1985 to the Council. She disliked the 1 :00 a.m. Planning Commission meetings. We have gone over the same territory over and over again. She urged spending more time developing the flat lands around BART and leaving the hills alone. Set the subcommittee as soon as possible and publish a schedule. It was unique to see the Council willing to work together with them. She wanted to go forward with all due speed. . Roxanne Nielsen said she was curious to lmow how these people who have spoken would feel if they owned the land. Would they have the same attitude? Flat lands can be used for agriculture, but the ridgelands cannot be used for agricultural. John Anderson stated the purpose of their requests was to form a committee. The initiative was not designed to take land from anybody. It is designed to open up to a vote. People can vote however they wanted to. He wanted a fast track and asked what the format of operations would be. Mayor Houston assigned Cm. Howard and Cm. Lockhart to the subcommittee with Cm. Lockhart to be the Chair. The citizens can decide whether they want two or three members on the subcommittee. The City Attorney or her designee and one member of the Planning . Staff will represent City Staff. The second item would be to get who is on the subcommittee by tomorrow & schedule the first meeting so this can be done in a quick fashion. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 6, 1998 PAGE 458 . Ms. Silver stated the Council needed to designate by name the members of the subcommittee. . Mr. King indicated David Bewley, Jolm Anderson, and he would represent the citizens. Mayor Houston indicated these are public meetings and anyone can attend. It is to be a group that will discuss ideas and faslpon something that is very good, but it has to be a public setting. Ms. Silver asked to clarify the purpose o-f the committee. S;. Mayor Houston stated it would be an analysis of the Dublin Ridgelands Voters Initiative in regard to technical and substantive issues. Mr. King indicated that if the Council simply adopts an agreed ordinance, the Council could amend or rescind the ordinance at any time. One of the fundamental purposes of the initiative is to prevent that from happening. So the process they have to go through is to have to get the required number of signatures under the Election Code. If they get the required number of signatures and they present them to the City, then the City has a choice . to either force it to an election and if it is adopted by the voters, it cannot be amended or rescinded without a vote. However, if the Council takes the other option to simply adopt it into law, it would save the City money and them a lot of effort. At that point, it cannot be amended or rescinded without putting it to a vote so for us to accomplish our purpose, we have to get the signatures. But, hopefully, once we do that, we will have an ordinance that the City will agree to adopt which saves the City a lot of money and saves us a lot of effort. Mayor Houston responded that will be the decision of the Council at that time. If we can come up with some consensus, your outcome is probably what will happen. Cm. Lockhart felt the subcommittee is a good vehicle, a good place to start and it did not need to be dragged out. She understood their need to get signatures. Ms. Nielsen stated she was concerned that they were talking about something that possibly could become a law without having another person's opinion like hers which is contrary. CITY COUNCIL MINUTES VOLUME 17 REGULAR tvfEETING October 6,1998 PAGE 459 . . . . Mayor Houston assured her that all these meetings would be open to the public and all could speak. Ms. Nielsen thought only the committee members could speak. Cm. Lockhart, explained that it would not become law from the committee. It would be looked at for language. Th~y would still need to collect signatures and show the Council that this is what the community wants. The Council would then accept the initiative with the signatures or put it on the ballot. _ .... ' Ms. Nielsen felt a ballot would represent more ofihe City than what she sees here. Maureen Gattennan, 11556 Bay Laurel, stated tIlls is not about development. It is not about stopping the sale. It was about the people of Dublin getting to vote. On motion of Mayor Houston, seconded by Cm. Howard, and by unanimous vote, the Council established a subcommittee consisting of em. Lockhart, Cm. Howard, John Anderson, David Bewley, Morgan King, City Attorney Elizabeth Silver, and a member of the Community Development Department with Cm. Lockhart being the Chair to work on getting set up a proper forum for noticing this week, and establishing a schedule. +- REVIEW OF QUARRY LANE SCHOOL DRAFT ENFIRONMENTAL IMPACT REPORT 8:52 p. m. 8.2 (420-50) Community Development Director Eddie Peabody advised that Alameda County has prepared a draft Environmental Impact Report for a private school (Quarry Lane School) which is located within the unincorporated area, but within the City's Eastern Dublin Specific Plan Area. The DEIR analyzed environmental impacts that would result from the rezoning of6363 Tassajara Road, located north of the City limits to allow the construction of a private school for 1,200 students. Mr. Peabody stated it is proposed that the school would be constructed during three phases over a nine~year period. In January, City Staff reviewed the Quarry Lane School Initial CITY COUNCIL MINUTES VOLUME 17 REqULAR MEETING October 6, 1998 PAGE 460 Study and provided comments to Alameda County, outlining concerns regarding the project. and recommending items to be included in the EIR. The County concludes that the school, as proposed, would have a significant impact on the environment and recommends that the project be developed in conformance with either a reduced grading alternative or a reduced scale alternative. The reduced scale alternative would serve 80Q students and reduce the intensity of site development. The applicant has stated that the reduced scale alternative would not be feasible, given the school's goals. Staff is concerned that the Draft EIR does not ad~uately analyze the following impacts: Land Use and Planning, Geology and Soils, Traffic and Circulation and Public Services and Utilities. Mr. Ambrose stated impact fees cover the entire East Dublin Planning area but if someone outside the City but within the area does not pay fees, the amount that they would have paid has to get passed on to the property owners that are in the City. It increases their cost and is an important factor for development occurring immediately on our boundaries that ultimately comes into the City in the future. It is one of those things the County is not identifying in their report and it is important that the City makes certain everyone out there . is treated equally and one property owner isn't bearing the burden of impact fees of another property owner. Everyone out there should equally share the impact fees. Mayor Houston indicated the applicant was processing with the County. He asked what the length of time would be if they annexed. Mr. 'Peabody responded the City could do the pre-zoning, but this applicant was not co- tenninus with our boundaries. There is one parcel between them and the City. The LAFCO process takes at least a year. This area would also need to be annexed to Dublin San Ramon Services District. Mr. Ambrose indicated the DSRSD annexation would need to go through LAFCO. em. Burton asked about the road itself. Could the City require a left turn lane? Mr. Peabody responded the City would need to ask the County to require the developer to put those facilities in the road. It would have to be a County decision to make. CITY COUNCIL MINUTES VOLUME 17 RE0ULAR MEETING October 6, 1998 PAGE 461 . . Cm. Burton asked if the County can do what they wanted? Mr. Peabody explained that the City did not have jurisdiction over this project even though the property is in our sphere of influence. Mr. Ambrose indicated it would be to the County's financial detriment to allow development to occur without paying the appropriate impact fees. Patricia Curtin, Gagen, McCoy, McMal!on & Armstrong, 270 Front Street, Danville, explained that she was helping process tl1is applic~~tion for the Quarry Lane School. The applicant is now pursuing a different project called Reduced Grading Alternate. She has been working with the City and looked forward to continuing to work with the City. She indicated the sewer and water were not with Dublin San Ramon Services District. She wished they were, but once they get approval from the County, they will annex to DSRSD. In Phase I there are 200 students. Zone 7 says in regard to fireflow, that the water tank above the hill is adequate for the existing building and Phase 1. In regard to traffic, if there is a need for left lane pockets, they will be put in. The clnldren' s safety is important. They already have 200 students waiting to get in. . Cm. Lockhart asked what the total would be at build-out? Ms. Curtin responded Phase I was an infant through elementary school of200, Phase II would be a middle school of 600, and Phase ill would be a high school of 400. They are already paying a TIP fee to the County and would not like to be asked to pay the impact fee twice. Mayor Houston wished the whole thing had gone through the City to begin with. He felt the school was a good thing, but they have to be a complete good citizen of the community and" have to pay for the things that everyone else has to pay. He agreed they should not be double dipped. , Cm. Lockhart sees this as an impact on the community and she has a real concern about leap frog development. Water and sewer also concerns her. In order to move forward, she agrees with the letter. She wanted to commend the Staff on its thoroughness. She felt this project would greatly impact our community. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 6, 1998 PAGE 462 . Cm. Burton asked if the school could make it if it only had Phase I? He did not want . anymore than Phase I unless they were in the City. The safety and health of the parents and students was also a concern ofl1is. Ms. Curtin responded yes because they already have a school in Pleasanton. Then they could wait to annex to the City and DSRSD for Phases II & III. Cm. Burton asked if it was possible to have an agreement that those fees be paid up front? - Mr. Ambrose stated if the County was willing, the.... City could work out an arrangement. Nielsen Ranch was processed in a joint process effort with the County before it was annexed to the City. There are a number of possible alternatives. Mayor Houston felt the school is a positive addition to the community, but they have to follow our rules and not do it piecemeal. Cm. Burton wanted to add several conditions to the motion wInch Cm. Lockhart stated she could not support because she felt it was premature to get into the specifics. Mayor Houston called for the question. . On motion of Cm. Lockhart, seconded by Mayor Houston, and by majority vote (Cm. Burton voted no), the Council approved the response to the Draft Environmental Impact Report and directed Staff to send the letter to the Alameda County Planning Commission. .... REQUEST FROM TRI- V ALLEY BUSINESS COUNCIL FOR FUNDING P ARTICIP A TION IN THE TRI- VALLEY VISIONING PROJECT 9:19 p.m. 8.3 (470-50) Economic Development Director Reuel presented the Staff Report and advised that this item is for the Council to consider a request from the Tri- Valley Business Council to contribute to the Tri- Valley 2010 Visioning Project. The purpose of the project is to coordinate planning efforts of the Tri- Valley Cities and Counties and establish a vision for CITY COUNCIL MINUTES VOLUME 17 RE0.ULAR MEETING October 6,1998 PAGE 463 . . the area that promotes a healthy Tri- Valley economy and a better quality of life for area residents. Mr. Reuel advised that this item was not included in the 1998-99 Fiscal Year budget, and will require a budget change in the amount of $20,000 from Unallocated Reserves in the General Fund. The total cost of the process will be $185,000 (public opinion survey $30,000, Collaborative Economics consulting $149,000 and general expenses $15,000). The Business Council has requested that each City and....County contribute $20,000. To date, the Cities of Pleasanton, San Ramon, Livermore, Contra Costa County and Alameda County have pledged that amount. The Town ofDanville will contribute $10,000. The Business Council is responsible to raise funds to cover the balance needed. Mr. Reuel indicated Tom O'Malley and Tim Hunt were present to answer any questions. Cm. Burton felt it was an opportunity for cities in the valley to work together. He felt $20,000 was a good deal. . Marjorie Labar stated $20,000 is peanuts for the opportunity to stay involved in regional issues. She has attended every single meeting of the ABAG Tri- Valley project. Dublin doesn't exist in a vacuum. It is good for the small business owners. It is an important decision to stay in touch with our neighbors. Tim Hunt indicated it was a collaboration between governments, businesses, and citizens. It would make the quality of life good in the valley today and better in the future by setting benchmarks of what we want and how to get there. There will be a number of subcommittees addressing everything from agriculture and open space to health and human servIces. Mayor Houston asked Mr. Hunt to outline what Collaborative Economics would be doing. Mr. Hunt explained that Collaborative Economics is an economic finn that did "Economic Vitality Study" and has worked allover the state. They identify your strengths and how to take advantage of the strengths. They are well respected. It is a nine month schedule with five all day meetings. It will be an intensely focused process. CITY COUNCIL MINUTES VOLUME 17 REG U LAR MEETING October 6, 1998 PAGE 464 . Cm. Lockhart felt it was a long time in coming. . Tom Berugno from Citizen's Voice expressed ills concern about the issues of discretionary funding. He felt there is a lot of good that could come from tins, but it needs to be examined to see what it is all about. He is seeing ambience, cheese, wine, olives, and growth. He senses there is something funny here. He will investigate tins like he did with the Fanners' Market with integrity. He expressed a desire to debate Mr. Hunt. Mayor Houston asked him to stay focus@d on the issue and not get personal. This was not a commercial for anyone. It is about funding for the;, Tri- Valley Visioning Project. .... . Mr. Benigno felt he and the citizens needed to know more about this. Mayor Houston stated these meetings would be open to the public so people can attend, observe, and see the direction. There is no need for fear. Mr. Reuel reminded the Mayor the City would need to delegate 25 people to participate in the process. Mayor Houston felt this was a good opportunity for a win-win situation in the valley. . On motion of Cm. Burton, seconded by Mayor Houston, and by unanimous vote, the Council approved participation in the Tri- Valley Visioning Project ($20,000) and approved the Budget Change Form. ... LOCA TION FOR 1999 ST. PATRICK'S DAY FESTIVAL 9:35 p. m. 8.4 (950-40) ,Parks & Community Services Director Lowart stated at the direction of the City Council, Amador Plaza Road was evaluated as a possible site for the 1999 St. Patrick's Day Festival. After reviewing both locations, Regional Street and Amador Plaza Road, the St. Patrick's Day Liaison Committee recommends that the Festival remain at the Regional Street location for 1999. CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 6, 1998 PAGE 465 . , . On motion of Cm. Barnes, seconded by Cm. Howard, and by unanimous vote, the Council approved the Regional Street location for the 1999 Festival. ... DESIGNATION OF CITY COUNCIL 1998 AD-HOC AUDIT REVIEW SUBCOMl\1ITTEE 9:36 p. m. 8.5 (110-30) = Administrative Services Director Rankin advised that each year, independent financial auditors review the City's Financial Records and produce an annual report. Prior to the presentation of the report to the full City Council, an ad-hoc committee meets with the Auditors to review the findings. On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the Council appointed Mayor Houston and Cm. Lockhart to meet with the City Auditors to review and discuss the report for the period ending June 30, 1998. .. . OTHER BUSINESS Emerald Park Planning Meeting (610-05) Mr. Ambrose indicated there would be another Emerald Park Planning Meeting October 7, 1998 at 7 p.m. in the Regional Meeting Room. .. ABAG General Assemblv Meeting (140-10) , Cm Lockhart announced she would be attending the ABAG General Assembly Meeting as the alternate on Friday, October 30, 1998. . Cm Barnes indicated she had to attend the Affordable Housing meeting on that day. +- CITY COUNCIL MINUTES VOLUME 17 RE~ULAR HEETING October 6,1998 PAGE 466 Domestic Violence Awareness Month (560-65) . Cm. Lockhart indicated that October was Domestic Violence Awareness Month. The Tri- Valley Haven was holding several events during the month to increase awareness. Residents should call 449-5845 for more information about the events. She felt tills was wortll\vhile for the valley, .... $150_000 Loan to the Dublin Unifit1d School District (515-20) Cm. Barnes asked if the Dublin Unified School District has responded to the City's offer of a $150,000 loan. Mr. Ambrose indicated he would be meeting with the Superintendent later tins week. Mayor Houston asked if the response was positive? Mr. Ambrose said it was positive and he would bring a report back to the Council. .. . League of California Cities Conference (140-20) Cm. Barnes indicated she would be making a short written report on the League of California Cities Conference and tour she took. She had had great doubts about AutoN ation and the theater, but what she saw in Orange County was two class acts. She feels tile Entertainment Center will be a jewel for the City. She thanked Staff for setting up the tours. They also toured some housing areas and saw some fantastic public art. . "Cm. Lockhart stated the art was enjoyed by both the residents and those tI1at pass by. The art was whimsical and fun. ... CITY COUNCIL MINUTES VOLUME 17 REGULAR MEETING October 6, 1998 PAGE 467 . . Mayor's Trip to Japan (470-10) Mayor Houston reported on ills trip to Japan and Taiwan at no taxpayer expense. It consisted of a group of Alameda County Business people. He would like the opportunity to work and expand the Sister City Association, He felt it could be beneficial to the City and community culturally and econonlically. Fremont has 7 or 8 sister cities. .... ADJOURNMENT :: 11.1 There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. and will be reconvened on the Mayor's birthday, October 20th. Minutes prepared by Sandie Hart, Secretary. . Mayor ATTEST: City Clerk I~ CITY COUNCIL MINUTES VOLUME 17 REGULAR t'1EETING October 6, 1998 PAGE 468 .