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HomeMy WebLinkAbout06-15-1999 CC Adopted MinutesREGULAR MEETING – June 15, 1999 A regular meeting of the Dublin City Council was held on Tuesday, June 15, 1999, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:05 p.m., by Mayor Pro Tempore Lockhart, who announced that Mayor Houston and his family were attending the U. S. Conference of Mayors in New Orleans. ROLL CALL PRESENT: Councilmembers Howard, McCormick, Zika and Mayor Pro Tempore Lockhart. ABSENT: Mayor Houston PLEDGE OF ALLEGIANCE Mayor Pro Tempore Lockhart led the Council, Staff and those present in the pledge of allegiance to the flag. PROCLAMATION 7:05 p.m.3.1(610-50) Mayor Pro Tempore Lockhart read and presented a Proclamation to Doris Fisher, who received the Outstanding School Crossing Guard Award for FY 1998-99. She also presented Ms. Fisher with a City key pin and City Song tape. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 337 DPIE PRESENTATION 7:08 p.m.3.2(515-60) Rhonda Goldstone gave information related to the Dublin Partners In Education program and stated Dillingham Construction has participated as a diamond level member. On behalf of the Dublin Partners in Education, Mayor Pro Tempore Lockhart presented a plaque to Dillingham Construction Company. Jullian Hansen accepted the plaque on behalf of Dillingham Construction. Mr. Hansen stated Dublin is on the move and is going forward, and they are pleased to participate in this program. MAYOR’S APPOINTMENT OF STUDENT MEMBER TO PARKS & COMMUNITY SERVICES COMMISSION 7:12 p.m.3.3(110-30) The term of the current Student Representative on the P&CS Commission expires on June 30, 1999. The opening was advertised and 2 applications were received. Mayor Houston has appointed Brian Munoz to the Commission. Mayor Pro Tempore Lockhart commented that it is very exciting in reading both applications that they are interested in serving. Brian Munoz was introduced. He is an employee of the City at the Dublin Swim Center. Brian greeted the Council and stated he is very excited about this and looks forward to participating and representing the students of Dublin. On motion of Cm. Zika, seconded by Cm. Howard, and by unanimous vote (Mayor Houston absent), the Council confirmed the Mayor’s appointment of Brian Munoz to the P&CS Commission. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 338 PROCLAMATION 7:14 p.m.3.4(610-50) Mayor Pro Tempore Lockhart read a proclamation congratulating the Dublin High School Girls Varsity Softball Team on their 1999 North Coast, Section 2A, Championship. Head Coach Diana Hasenpflug and Assistant Coaches John Ramierz and Jerry Herrera led the team. Players were Stephanie Cambra, Cristina Cobb-Adams, Heather Eschborn, Valerie Eschborn, Jill Esparza, Ashley Grimm, Kirsta Hagen, Danielle Herrera, Nicole Herrera, Stacee Hill, Cassie Meyer, Pam O’Brien, Monica Perrin, Jessica Salsman and Victoria Villar. Individual certificates were presented to each of the girls, along with City key pins and City Song tapes. Handicap Access 7:20 p.m. Shawn Costello, Arroyo Vista resident, stated he wanted to address the Council about several spots, but one in particular, the intersection of Scarlett and Dublin Boulevard. There is no lights there at all for night whatsoever and there is no stop signs whatsoever. He is seriously going during the day where people can see him. People do not stop at this intersection at all for wheelchair traffic. He has been dealing with this for a whole year going to BART. He has to drive his chair across this lane of traffic because it is the only way for him to get to BART. It is hell out there because people really drive fast out there and they will not stop. You need a three way stop there so people will literally have to take a look at who is around them. Mr. Ambrose stated Staff can look at this but he did not think there were any plans for any right of way control across Scarlett Court. This will be widened to 6 lanes next spring. There is no proposal to stop traffic on Dublin Boulevard. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 339 Mr. Thompson stated there will be a signal at Scarlett Drive. The safest thing would be if we had sidewalk all the way down the street. The construction next spring will resolve the issue. The County’s portion will start first. Mr. Costello stated this is fine, but what can they do now. There are about 30 or 40 wheelchair people in the City and some of them have to cross safely. To go further, it is all gravel. He cannot travel in gravel. Mayor Pro Tempore Lockhart stated the City Council cannot do anything about this tonight or discuss alternatives because it is not an agendized item. They can have staff put this up for discussion on a future agenda. We will notify him when this will be. CONSENT CALENDAR 7:28 p.m. Cm. McCormick pulled Item 4.4 and Mayor Pro Tempore Lockhart pulled Item 4.5. On motion of Cm. Zika, seconded by Cm. Howard, and by unanimous vote (Mayor Houston absent), the Council took the following actions: Approved (4.1) Minutes of Regular Meeting of June 1, 1999; Adopted (4.2 600-60) RESOLUTION NO. 102 – 99 APPROVING FINAL MAP FOR TRACT 6964 (DUBLIN RANCH – NEIGHBORHOOD M3) and RESOLUTION NO. 103 – 99 ACCEPTANCE OF PARKLAND DEDICATION IN LIEU FEES FOR FINAL MAP TRACT 6964 (NEIGHBORHOOD M3) CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 340 Approved (4.3 600-30) an Amendment to the Agreement for Legal Services with Meyers, Nave, Riback, Silver & Wilson and authorized the Mayor Pro Tempore to execute the amendment; Approved (4.6 300-40) the Warrant Register in the amount of $912,816.01. Cm. McCormick pulled Item 4.4 regarding the contract for pool maintenance. She stated she understands they have done a good job, but asked if this had gone out to bid, and if not, do we permit sole source contracting? Ms. Lowart explained that this is a 3 year renewal of the contract, and 3 years ago, they were the only responder. The Purchasing Ordinance does make provisions to proceed with this method. On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote (Mayor Houston absent), the Council adopted (4.4 600-30) RESOLUTION NO. 104 – 99 APPROVING AGREEMENT WITH EAST BAY POOL SERVICE FOR POOL MAINTENANCE SERVICES AT THE DUBLIN SWIM CENTER ($28,995) and authorized the Mayor Pro Tempore to execute the agreement; Mayor Pro Tempore Lockhart pulled Item 4.5 and asked if this is a 3 year commitment we are entering into. She also asked if we have information regarding our residents history of using these funds. Ms. Cirelli responded that she could do a historical report should the City Council so desire. Since 1982 we have participated in this program. Mayor Pro Tempore Lockhart stated she just wanted to know if this program is effective and are our residents using these funds, or if not, what alternatives to this program exist. Ms. Cirelli stated the CDBG program has been very useful for Dublin residents. We use them to improve our parks, use them for handicap accessibility, and a CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 341 certain percentage must be used for housing rehabilitation. Every year, 3 or 4 families are able to use this. Some of the households are elderly. They can’t exceed a certain income level and they have to be a homeowner. Mayor Pro Tempore Lockhart asked if we could start a program of our own. Ms. Cirelli stated this is the best program for the City to be involved in. When we reach 50,000 in population, the City can become an entitlement City and run our own programs. Mr. Ambrose stated we have about another 24,000 people to go before we can become an entitlement city. Mayor Pro Tempore Lockhart clarified that this is an opportunity for smaller cities to pool their resources. On motion of Mayor Pro Tempore Lockhart, Seconded by Cm. McCormick, and by unanimous vote (Mayor Houston absent), the Council adopted (4.5 600-40) RESOLUTION NO. 105 – 99 AUTHORIZING CITY OF DUBLIN PARTICIPATION IN THE ALAMEDA COUNTY HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FISCAL YEARS 2000, 2001 AND 2002 PUBLIC HEARING AMENDMENT TO DUBLIN MUNICIPAL CODE TO PROVIDE FOR RECOVERY OF ATTORNEYS’ FEES FOR NUISANCE ABATEMENT 7:37 p.m.6.1(660-10) Mayor Pro Tempore Lockhart opened the public hearing. City Attorney Silver advised that this is the second reading of an Ordinance to add Section 1.04.070 to the Dublin Municipal code, which would provide for the recovery of reasonable attorneys’ fees for the prevailing party in any action, CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 342 administrative proceeding, or special proceeding to abate a nuisance. This new section would apply to any future effort by the City to abate the nuisance conditions on private property, whether by administrative abatement, judicial abatement, or civil injunction. No testimony was entered by any member of the public relative to this issue. Mayor Pro Tempore Lockhart closed the public hearing. On motion of Cm. McCormick, seconded by Cm. Howard, and by unanimous vote (Mayor Houston absent), the Council waived the reading and adopted ORDINANCE NO. 18 – 99 ADDING SECTIONS 1.04.070 AND 1.04.080 RECOVERY OF ATTORNEY FEES TO THE DUBLIN MUNICIPAL CODE REQUEST BY KAUFMAN & BROAD, INC. AND DUBLIN INVESTMENT COMPANY TO INITIATE A GENERAL PLAN AMENDMENT STUDY 7:39 p.m.8.1(420-30) Community Development Director Eddie Peabody presented the Staff Report and advised that K&B and Dublin Investment Company are requesting that the City initiate a GPA study for 3 commercial and residential sites owned by Dublin Investment Company and to change the General Plan Designation for the 3 sites to medium density residential. The sites are located between Gleason Road, Tassajara Road, Central Avenue and the Jennifer Lin properties to the east. The sites are: 11.5 acres presently designated General Commercial; 9.0 acres presently designated Medium High Density Residential; and 1.5 acres presently designated High Density Residential. Mr. Peabody advised that this is the first specific land planning request for properties owned by Dublin Investment Company, Inc. No overall plan for CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 343 development of the 83 acre ownership has been submitted to date. The Eastern Dublin Specific Plan contemplated that the majority of this property (62.6 acres) should be developed for general and neighborhood commercial uses in the future. This new commercial area was identified as a major component of commercial uses for the area east of Tassajara Road. The applicant proposes to eliminate 11.5 acres of this commercial area. Mr. Peabody explained that it is Staff’s conclusion that it is appropriate to land plan and evaluate economic conclusions for the whole Dublin Investment property at the same time. Premature changes for one portion of the property, because of present economic considerations, are not the best approach because it may well precipitate further requests for removal of higher density residential and commercial designations on other portions of the Dublin Investment property. The present proposed action by K&B is premature and should be denied. Jeff McMullen with K&B addressed the Council and stated Mr. DiManto is also present this evening. They have entered into an option to purchase the property as a residential home builder. They are asking that the City take a look at a study and provide direction on what they think about the property. Central Parkway goes right through the high density area and leaves some parcels that are not easy to develop. They encouraged the City Council to consider putting everything north of Central to residential. They want to hear the Council’s views and if general commercial could be traded for other areas. They will go back after this meeting and assess whether to go forward with this application. John DiManto assured the Council that for a long time he has always thought all these odd pieces should be moved to the north and buffer existing housing so they could eventually footprint this to get the depth for commercial. It is very difficult to footprint this shape. They feel if they transfer some multi-family it will be more harmonious and allow for a finer site plan. It’s very difficult to plan the way it is now. They would like for the 3 parcels to be one commercial zone so they can footprint it properly. Commercial is market driven. They have had a major hotel chain interested and that fell away and office building inquiry, but it becomes outdated 9 or 10 months from now. Why spend the money on a plan when they don’t have the tenants to fill the shapes? They want to do a site plan on at least the 2 front portions. They will not come back with anymore application for multi family high density housing on Tassajara Road. They want CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 344 to work with Staff and develop a fine site plan and retain the other two parcels for revenue producing commercial. Ms. Silver commented that with regard to Mr. McMullen’s request that the City Council express their views with regard to preferences, this is not appropriate at this time. The proper procedure would be if the Council authorizes the study, it then goes forward with a process. Cm. McCormick clarified this is the impetus to start a GP amendment. Ms. Silver stated the Council has adopted a policy that they initiate GP amendments. What she heard was for the City Council to express their views regarding whether or not there should be an amendment to the General Plan or Specific Plan, but this is the whole reason for a study. Mr. Ambrose pointed out that also, the request was specifically to look at the area above Central Parkway. Cm. Zika stated the City Council and Planning Commission spent over 10 years designing this whole ball of wax and it was designed to give a balance of jobs and housing, etc. He is opposed to anything that would change any of that balance and he believes they have historically asked developers to come in with a whole concept for their property. He doesn’t want to see piecemeal because we then set a precedent and change the mix between jobs and housing. Houses are a negative tax situation and commercial is positive. We need to keep the mix between the tax positive and the tax negative. Cm. Howard stated she was going to make the same points as Cm. Zika, and agreed with his comments. Cm. McCormick stated she does not find anything compelling enough to do a GP Amendment study. We have worked out a balance and we should stay with it for the time being. She stated she doesn’t like piecemeal planning and is not supportive of this. Mayor Pro Tempore Lockhart stated we did a GP study and went to the voters with this plan and they voted and supported it. She agreed that breaking it into CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 345 pieces is breaking the trust of the community. She believes in keeping our word to the community. She agreed that doing just a part of it is not appropriate. On motion of Cm. Zika, seconded by Cm. McCormick, and by unanimous vote (Mayor Houston absent), the Council adopted RESOLUTION NO. 106 – 99 DENYING A GENERAL PLAN AMENDMENT STUDY FOR KAUFMAN & BROAD FOR A PORTION OF PROPERTY OWNED BY DUBLIN INVESTMENT COMPANY OTHER BUSINESS 8:00 p.m. Upcoming Meetings (610-05) Mr. Ambrose advised that the liaison committee meeting with DSRSD has been scheduled for June 22 at 4:30 p.m., at their offices. nd Mr. Ambrose stated the BART liaison committee meeting is scheduled for June 24 at 4:00 p.m. here at the Civic Center, followed by the Budget Hearing at th 6:00 p.m. Mr. Ambrose advised that hopefully, Staff will have the budget to the Council post haste. Recruitment (740-40) Cm. McCormick asked about our search for an Economic Development Director. Mr. Ambrose stated we have a finalist, but he has not had a chance to do the background check. Hopefully, he’ll be able to wrap this up this month. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 346 Birthday of U. S. Army (130-80) Cm. McCormick reported that it was recently the 225 birthday of the Army and th stated she sat out in the gale force winds and watched them take down the flag. She attended a very nice ceremony. Death of Dublin Resident (610-50) Cm. McCormick sadly reported that Dublin recently lost a beautiful woman and friend, when Karen Carlson passed away from breast cancer. She owned and operated Hairtique for 17 years. Funds are being collected to put a memorial bench near the Hope Hospice tree at the DSRSD building on Dublin Boulevard. Property Maintenance (530-20) Cm. Zika asked if someone could look at the vacant lot at Village Parkway and Amador Valley Boulevard before the weeds go up in flames. Mr. Ambrose reported that we have sent them letters and both the Fire Department and Code Enforcement Officer have been in touch with the property owners. If they don’t do something soon, the City will abate the situation and put a lien on their property. Transportation Funding (1060-90) Cm. Zika discussed a bill before the U.S. Senate, the Transportation Equity Act of the 21 Century. He reported that Congestion Management has sent a letter st to Diane Feinstein with a copy to Barbara Boxer. This bill affects CA and NY and prohibits a certain amount of funds going to both states, and as a result, CA will lose about 12 ½% of fuel tax funds from the Federal Government. Since we are a tax debtor state (pay in more than we get back), he stated he would like CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 347 the City Council to also write a letter telling them we do not support this bill and we would like to continue to receive at least close to our fair share. He will supply a copy of the letter sent by CMA. Traffic Issues (590-90) Mayor Pro Tempore Lockhart reported that she had a constituent call her regarding the increase to San Ramon Road traffic with the ramp being closed at Alcosta. Not only has the volume increased, but the speed as well. There is a real concern about people trying to get through the lights and blocking the intersections. She requested that Staff take a look at this while the ramp is closed. Mr. Thompson provided an update, and stated they were supposed to reopen the Alcosta Boulevard ramp yesterday, but they were delayed and it is now supposed to reopen on Saturday. Iron Horse Trail (930-30) Mayor Pro Tempore Lockhart asked about the Iron Horse Trail work; it seems to have stopped. Mr. Thompson stated he would check on the status of this. Dublin Pasta & Jazz Festival (950-40) Mayor Pro Tempore Lockhart stated she noticed in the paper that GoodTimes Promotion has a contest going for a logo for the Pasta Festival. She stated this prompted her to request that Staff provide an update on how arrangements are coming along for the Festival on a future agenda. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 348 Mayor Pro Tempore Lockhart stated as a LAVTA Board Member she wished to advise that we need to remind whoever is coordinating transportation to get in touch with WHEELS as soon as possible if they need transportation from BART to the Festival. BART had its largest Dublin ridership ever at our St. Patrick’s Day Festival. Bus transportation shuttle will be important. LAVTA Conference (1060-20) Mayor Pro Tempore Lockhart advised that she represented the City at a LAVTA meeting; one held in Tucson and one in Phoenix. They went to look at transportation systems. There were some wonderful ideas presented and they came back with some marvelous information for the whole region. Recycling Program (810-60) Mayor Pro Tempore Lockhart stated she attended a Waste Management meeting today and reported that a survey done in the East Bay is kind of an eye opener. She advised that Waste Management has a trailer that is a builders environmental mobile unit that they can bring to your site and set up for a day or two and you put one person from Planning in it and you welcome builders and people to come through it. It’s all things to put into houses that are recycled. This might be an interesting thing to let some of our builders see. We need to contact Wendy at Waste Management and they can set it up outside City Hall. CITY COUNCIL MINUTES VOLUME 18 REGULAR MEETING June 15, 1999 PAGE 349 ( ADJOURNMENT 11.1 There being no further business to come before the Council, the meeting was adjourned at 8:13 p.m. C rk% CITY COUNCIL MINUTE.q VOLUME 18 REGULAR MEETING Jane 15~ 1999 PAGE 350