HomeMy WebLinkAbout10-24-1994 Adopted CC MinutesREGULAR 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
Ci~id Center. The meeting was called to order at 7:33 p.m., by Mayor
Sn~er.
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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.
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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:
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Regular Meeting October 24, 1994
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
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PUBLIC HE~NG
E~STERN DUBLIN ~EX~T~ON/DET~C~ENT AND PRE,ONE ~1 P~ 94-0~0 (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 Cm. Houston, seconded by Cm. Howard, and by unanimous
vote (Cm.'s Burton & Moffatt absent), the ,Council waived the reading
and adopted
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ORDINANCE NO. 11 - 94
AMENDING THE ZONING ORDINANCE TO PERMIT THE PREZONING OF
REAL PROPERTY LOCATED GENERALLY NORTH OF 1-580 BETWEEN
TASSAJARAAND FALLON ROADS
WITHIN THE EASTERN DUBLIN EXTENDED PLANNING AREA
PUBLIC HEARING - REQUEST TO ALLOW PARKING
ON SILVERGATE DRIVE NEAR ARBOR CREEK CIRCLE (5?0-20)
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.
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Regular Meeting October 24, 1994
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. It doesn't
appear that an established stop is really necessary at this location.
Maybe the parking could be expanded in this area since the bus isn't
heavily used.
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
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Regular Meeting October 24, 1994
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 1-580, 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.
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Regular Meeting October 24, 1994
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 1-580. 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.
MSo 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 EIR 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.
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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.
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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.
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ABAG Tri-Valley Subregional 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.
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Regular Meeting October 24, 1994
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 8:40 p.m.
ix~-'-y C~l~rk
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