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HomeMy WebLinkAboutItem 4.01 Draft Minutes 10-24-1994 . . REGULAR MEETING - October 24. 1994 A regular meeting of the city council of the city of Dublin was held on Monday, October 24, 1994, in the Council Chambers of the Dublin Civ.Jp Center. The meeting was called to order at 7:33 p.m., by Mayor Snyder. * * * * ROLL CALL PRESENT: Councilmembers Houston, Howard and Mayor Snyder. ABSENT: Councilmembers Burton and Moffatt. * * * * PLEDGE OF ALLEGIANCE Mayor Snyder led the council, Staff and those present in the pledge of allegiance to the flag. * * * * INTRODUCTION OF NEW EMPLOYEES (700-10) Public Works Director Thompson introduced Susan Ahlstrom, the City's new Assistant civil Engineer. Susan is a graduate of San Jose State. Police Chief Rose introduced Ken Gruidl, Sheriff's Technician and Lloyd Leroy, Deputy Sheriff. Ken has 5 years experience and is the first in this position for the City. He will be initially involved with organizing the evidence room. Lloyd has 17 years experience and he will be a Patrol Officer. The Council welcomed all three aboard. * * * * PROCLAMATION/RECOGNITION (610-50) Kerrick Klopfenstein and Everett Neal were recognized by the city and the Dougherty Regional Fire Authority for their heroic actions on September 29, 1994 in saving the life of Kerrick's 2 year old sister Kalise. * * * * PROCLAMATION (610-50) Mayor Snyder announced that this is Red Ribbon Week and a proclamation was read and presented to Lisa Cooper with the Dublin Substance Abuse Council. . . * * CONSENT CALENDAR On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote (Cm.'s Burton & Moffatt absent), the Council took the following actions: *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 314 Regular Meeting October 24, 1994 -----------------------------------------~---------------------------- ITEM NO. ~.j COPIES TO: e . Approved Minutes of Regular Meeting of October 10, 1994; Received an informational report on the results of the utility Audit done by Equitax (1020-50); Authorized the Mayor to sign agreements with Kaleidoscope Activity Center and Tri-Valley Haven for Women, Inc., for CDBG fund expenditures (600-30/480-30); Received the city Treasurer's Investment Report as of September 30, 1994, with investment portfolio of $18,708,041.49 and funds invested at an annual average yield of 5.559% (320-30); Received a Status Report on the Integrated Waste Management Act (AB 939) (810-10); Authorized the city Manager to enter into an agreement with Barton- Aschman to study and prepare a Traffic Impact Fee Study for the Eastern Dublin Specific Plan Area on a time-and-materials basis not to exceed $18,000 (600-30); Approved Warrant Register in the amount of $512,656.50 (300-40). * * * * PUBLIC HEARING AREA OF BENEFIT ORDINANCE (600-10) Mayor Snyder opened the public hearing. city Attorney Silver presented the Staff Report and advised that the Eastern Dublin Specific Plan which was adopted in 1993 includes financing goals, including a goal that new development in the Specific Plan area shall pay the full cost of infrastructure needed to serve the area. An Area of Benefit Ordinance is an implementing or enabling ordinance authorized by State Law which is part of the Subdivision Map Act. This is the second reading of this ordinance which was introduced at the October 10, 1994 City Council meeting. No testimony was given by any member of the public relative to this issue. Mayor Snyder closed the pUblic hearing. On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote (Cm.'s Burton & Moffatt absent), the Council waived the reading and adopted ORDINANCE NO. 10 - 94 ADDING SECTION 9.16.120 TO CHAPTER 9.16 OF THE DUBLIN MUNICIPAL CODE RELATING TO SUBDIVISIONS TO AREAS OF BENEFIT * * * * *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 315 Regular Meeting October 24, 1994 e e PUBLIC HEARING EASTERN DUBLIN ANNEXATION/DETACHMENT AND PREZONE #1 PA 94-030 (620-20) Mayor Snyder opened the public hearing. senior Planner Cirelli advised that on October 10, 1994, the city council held a public hearing and adopted resolutions: 1) finding PA 94-030 within the scope of the Eastern Dublin General Plan Amendment/ Specific Plan Final Environmental Impact Report and Addendum dated August 22, 1994; 2) approving the Planned Development prezoning; 3) approving the application for annexation and detachment to the Alameda County LAFCO; 4) approving the exchange of property tax revenue; 5) approving the concurrent resolution between the city of Dublin and the Dublin San Ramon Services District; and 6) approving the annexation agreement with the Lin Family. The city council also introduced the ordinance approving the Planned Development Prezoning. The PD Prezoning ordinance amending the zoning would allow for a PD District overlay zone for the entire project area of 1,538 acres with underlying land use designations. The prezoning for the project area is consistent with the Eastern Dublin GPA and SP land use designations and policies. Ms. Cirelli advised that the city Council raised a question at the last public hearing regarding the timing of a study of sewer capacity allocation. In approving the application for annexation to the District, the DSRSD Board reaffirmed its first come, first served policy regarding sewer permits. Policies and mitigation measures of the SP require Eastern Dublin applicants to prepare, in coordination with DSRSD, a detailed wastewater capacity study which will investigate sewer capacity and phasing. The study would commence as soon as property owners within the proposed annexation area are willing to fund it and work with DSRSD. This study would need to be completed prior to the approval of the Final Subdivision Map or issuance of grading permits. Milton Righetti stated he had submitted a letter earlier stating their request that infrastructure be built to serve circulation problems. He stated he did not object to this prezoning, but felt the entire area should be annexed. This would mean they don't have to live with a first come first serve situation with DSRSD. Anyone could go forward if they have the money to develop. It is important that the entire area be planned into the development proposals. Ms. Cirelli stated the City, in cooperation with DSRSD, is planning infrastructure for the entire Specific Plan area. studies would cover the entire SP plan area, not just the area proposed for annexation. Mayor Snyder closed the pUblic hearing. On motion of em. Houston, seconded by Cm. Howard, and by unanimous vote (Cm.'s Burton & Moffatt absent), the .council waived the reading and adopted , *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 316 Regular Meeting October 24, 1994 e e ORDINANCE NO. 11 - 94 AMENDING THE ZONING ORDINANCE TO PERMIT THE PREZONING OF REAL PROPERTY LOCATED GENERALLY NORTH OF I-580 BETWEEN TASSAJARA AND FALLON ROADS WITHIN THE EASTERN DUBLIN EXTENDED PLANNING AREA * * * * PUBLIC HEARING - REQUEST TO ALLOW PARKING ON SILVERGATE DRIVE NEAR ARBOR CREEK CIRCLE (570-20) Mayor Snyder opened the public hearing. Public Works Director Thompson advised that a resident of Arbor Creek asked Staff to look at the existing red curb on Silvergate Drive near Arbor Creek to see if parking could be allowed. Staff is recommending allowing 40' of parking within this area which would allow parking for at least two cars. The cost of sandblasting only this area would be approximately $5 per foot or $200. The per-foot cost could be reduced if more sandblasting work were available at the same time. Arbor Creek resident, Steve Clark submitted a letter to the city Clerk on Friday, October 21, 1994, stating his support for this change. He further stated in the 8 years he has lived in Arbor Creek, "he had never seen a sole (sic) waiting for a bus at the bus stop at this location." Cm. Houston asked if the 40' was what was requested by the homeowners, or how this figure was derived. Mr. Thompson stated the request was just for additional parking on Silvergate Drive. Mr. Sepehri measured the site distance and came up with the 40' which would accommodate 2 cars. Dwight Peters, Arbor Creek resident, stated one of their residents approached the City to remove some of the red zone. When he moved to Arbor Creek in September, 1990, he recalled that there were more than 2 car spaces in that area. Sometime after that, parking disappeared and a red zone appeared. He did not remember receiving any notice at that time the way he did this time. LOOking to the west doesn't appear to be a site problem to see traffic coming down Silvergate Drive. Forty feet will not alleviate the parking too much and he requested consideration for 4 spaces and to move the bus stop closer to the Arbor Creek driveway. In speaking to the bus company, they said they do not pick up people there and the bus stop is not used much. Mr. Thompson felt that WHEELS may be amenable to removing this bus stop. If it were moved closer to the Arbor Creek driveway, it could block the view from that driveway. He discussed the fact that this was a designated bus stop as opposed to a flag stop. *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 317 Regular Meeting October 24, 1994 e e Mayor Snyder commented on the 1990 situation and stated he believed the city applied regulations for standard parking spaces on site. Planning Director Tong stated his belief that parking had not changed since the project was approved prior to 1990. This is a Planned Development so there is some flexibility allowed regarding the number of parking spaces. Mr. Thompson stated he recalled that some of the sidewalk was replaced at one time and this could have prompted the repainting of the red zone. Mayor Snyder suggested that Staff review this with WHEELS to see if there are any flexibilities. Cm. Houston felt the flag stop concept was a good one. appear that an established stop is really necessary at Maybe the parking could be expanded in this area since heavily used. It doesn't this location. the bus isn't Mary Peters asked for clarification related to the required number of parking spaces within the complex. She asked if there was supposed to be one parking space per unit. They have 84 units and there are only 40 uncovered spaces. Mayor Snyder stated garages are counted as covered parking spaces also. Tim Hearne, Arbor Creek resident, stated they have taken all steps they can to create as many parking spaces as possible. They still have residents who cannot park at night. Currently there is no street parking adjacent to the complex. There is not adequate parking for residents, let alone guests. They attempted to repave spaces this summer, but learned that because of handicap laws, it was a wash. Anything the city Council could do would be appreciated. Mr. Ambrose stated staff could investigate the possible elimination of the bus stop in order to allow for more parking spaces. Mayor Snyder closed the public hearing. On motion of Cm. Howard, seconded by Cm. Houston, and by unanimous vote (Cm.'s Burton & Moffatt absent), the Council agreed to continue this item to the November 14, 1994 City Council meeting. * * * * OPPOSITION TO PROPOSITION 188 STATEWIDE SMOKING LAW (660-40/560-90) Management Assistant Barker advised that Councilmember Moffatt asked that Staff prepare a report comparing Proposition 188, the statewide tobacco industry initiative sponsored by Philip Morris, with the city's Smoking Ordinance. If passed, Proposition 188 would take the *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 318 Regular Meeting October 24, 1994 e e place of any local ordinance and permanently prevent cities from adopting local ordinances. Mr. Barker advised that the American Lung Association, the American Cancer society and the League of California cities are opposed to Proposition 188. Over 60% of the population of California lives in cities and counties which have tougher tobacco controls than contained in Proposition 188; thus, 60% of the people in California would suffer reduced protection from second hand smoke if Proposition 188 passes. Lisa Cooper questioned the provisions of the state proposition. Mr. Barker explained that this would be weaker than the city's current ordinance and would permanently prohibit the city from adopting a local smoking ordinance. Dr. Harvey Scudder stated he is a retired U. S. Public Health Official and felt this State Legislation would reduce enforcement. He was glad to see anyone speak in favor of opposition to this measure by the tobacco industry. Cm. Houston complimented Cm. Howard who brought together some compromises in order to get the city's Smoking ordinance adopted. On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote (Cm.'s Burton & Moffatt absent), the Council adopted RESOLUTION NO. 110 - 94 OPPOSING PROPOSITION 188 CALIFORNIA UNIFORM TOBACCO CONTROL ACT * * * * AWARD OF CONTRACT FOR CONSULTANT SERVICES FOR SCHAEFER HEIGHTS GENERAL PLAN AMENDMENT EIR PA 94-028 (600-30) Associate Planner Huston advised that on July 11, 1994, the city Council authorized the initiation of the Schaefer Ranch General Plan Amendment Study, defined the study area boundaries, and directed staff to prepare a consultant contract and other associated documents for City Council action. The initial study area covered approximately 452 acres along the north side of I-580, west of the Dublin city Limits. The site lies within Dublin's Western Extended Planning Area and the Sphere of Influence. Ms. Huston advised that a draft scope of work proposal and agreement have been prepared by Staff and the consultant firm of WPM Planning Team, Inc. The proposal has an anticipated work schedule covering approximately 7 months with a total cost not to exceed $139,150. , *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 319 Regular Meeting October 24, 1994 e e After the city council defined the study area boundary in July, the project applicants requested an amendment to the boundary which would increase the study area by approximately 50 acres to include property owned by Dennis and Laurie Gibbs. The sUbject parcel is located at the southwestern border of the approved study area boundary, and lies between the Schaefer Ranch properties and I-580. A roadway easement which provides the main access to the Schaefer Ranch property runs across the Gibbs property, and Ms. Huston stated Staff felt it would be appropriate to include the Gibbs property in the General Plan Amendment Study. Ms. Huston pointed out on the map the requested amendment to the study area. The land use designation for the Gibbs property is currently being reviewed, and would be determined by the time the ErR analysis is commenced. On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote (Cm.'s Burton & Moffatt absent), the Council adopted RESOLUTION NO. 111 - 94 AWARDING A CONSULTING CONTRACT TO WPM PLANNING TEAM FOR SCHAEFER RANCH GENERAL PLAN AMENDMENT STUDY EIR (NOT TO EXCEED $139,150) and agreed to amend the study area as discussed. * * * * DOUGHERTY REGIONAL FIRE AUTHORITY 1994-95 BUDGET MODIFICATION (540-70/330-20) city Manager Ambrose presented the Staff Report and advised that the DRFA Board recently approved the concept of taking steps to secure and open a new Fire station (No.3) on the Santa Rita Property and begin the development of a Firefighter Paramedic Program in conjunction with the opening of that new station. Due to the significant budget implications to the Cities of Dublin and San Ramon, the Authority'S action was predicated upon each City Council approving the concept and the necessary budget modification for FY 1994-95. Mr. Ambrose advised that Fire Chief Diekman was present to answer any questions. He stated they believe revenue that will come from development in the area will more than offset the costs. The implementation schedule allows us to pull the plug as late as January of next year, if necessary. On motion of Cm. Howard, seconded by Cm. Houston, and by unanimous vote (Cm.'s Burton & Moffatt absent), the Council approved the concept and approved a budget adjustment of $40,917 to the Fire Services Budget for FY 1994-95. * * * * , *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 320 Regular Meeting October 24, 1994 e e AUTHORIZATION TO SECURE SOLID WASTE CONSULTANT SERVICES (600-30) Assistant city Manager Rankin advised that on September 12, 1994, the city Council authorized Staff to circulate a Request for Qualifica- tions to firms which provide solid waste consulting services. The Consultant RFQ was distributed to 4 firms and Staff is recommending the selection of Hilton Farnkopf & Hobson. Mr. Rankin stated the cost of the service will fluctuate, depending on the length of the negotiations. The basic agreement will provide for a not-to-exceed amount of $40,525 ($28,370 from Measure D funds and $12,155 from the General Fund). On motion of Cm. Houston, seconded by Cm. Howard, and by unanimous vote (Cm.'s Burton & Moffatt absent), the Council authorized the city Manager to execute an agreement with Hilton Farnkopf & Hobson (HF&H) not to exceed $40,525. * * * * OTHER BUSINESS Meeting Reminder (610-05) Mr. Ambrose reminded the Council of the Tri-Valley Business meeting being held at 5:00 p.m., on October 27th at the Castlewood Country Club in Pleasanton. * * * * ABAG Tri-Vallev Subreaional Plan (140-10) Mr. Ambrose reported that he understood that at the last Tri-Valley Council meeting there was discussion regarding developing an applica- tion/proposal to ABAG for the Comprehensive SUbregional pilot Program grant. Some of the elected officials will meet on October 31st at 7:30 a.m. Apparently, the Dublin civic Center will be used as the site for these meetings. Mr. Ambrose suggested that before we get into this type of an application process, it would be appropriate for each agency to take a position on this. Cm. Moffatt had volunteered to attend these meetings. Staff will notice the meetings. Mayor Snyder questioned the timeline. Mr. Tong stated he thought November 30th was the deadline. Mayor Snyder reported that there will be a $55,000 cash grant and a one-half time FTE for staffing. Mr. Tong advised that there was no information distributed at the Tri- Valley Council meeting. * * * * *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 321 Regular Meeting October 24, 1994 . . . e e ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:40 p.m. * * * * Mayor ATTEST: city Clerk * * * * f *@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@ CM - VOL 13 - 322 . Regular Meeting October 24, 1994